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BULLETIN
OE THE
SO. 8-JANUARY, 1897.
ISSUED KVEIiY OTHER MONTH.
EDITED BY
CARROLL D. W RIGHT,
COMMISSIONER.
OREN W . W E AVER ,
CHIEF CLERK.
WASHINGTON:
GOVERNMENT PRINTING OFFICE,
1897.
CONTENTS.
Page.
Conciliation and arbitration in the boot and shoo industry, by T. A. Carroll,
o f the Department of Labor.............................................................................................. 1-38
Railway relief departments, by Emory R. Johnson, Ph. D., of the University of
Pennsylvania.......................................................................................................................... 39-57
Digest o f recent reports of State bureaus of labor statistics:
Massachusetts........ .......................................................................................................... 58-67
M innesota............................................................................................................................ 67-69
Digest of recent foreign statistical publications......................................................... 70-73
Official bulletins of foreign labor bureaus........................................................................ 71-79
Decisions o f courts affecting labor...................................................................................... 80-90
Laws of various States relating to labor enacted since January 1,1896.......... 91-111
Recent Government contracts................................................
112
hi
BULLETIN
OF THE
D E P A R T M E N T OF L A B O R .
No. 8.
WASHINGTON.
Ja n
uary
,
1897.
CONCILIATION AND ARBITRATION IN THE BOOT AND SHOE
INDUSTRY.
B Y T. A . CARROLL.
The subject of conciliation and arbitration is one that has attracted
the attention o f the industrial world, periodically, for many years past.
Whenever there have been labor troubles o f serious moment, the great
need of some available method whereby the contending parties might
come together and settle their differences in a peaceable manner has
always come prominently to the front. During such trying times the
iniblic mind becomes agitated, sympathy and advice are gratuitous, and
on all sides there is a general feeling of hopefulness that the questions
at issue may be brought to a speedy and peaceful termination.
I f there is one fact more than another which the history of labor
troubles has brought into prominence, it is, without doubt, that both
employers and employees have given altogether too little attention to
the consideration of the mutuality of their interests and the urgent
need of having some kind of an established method for arranging
whatever details may be necessary to promote the same. In the major
ity of cases their minds seem to drift in this direction only after they
have become involved in some serious difficulty which threatens to
disrupt the business of the employer and throw the employees into a
state o f enforced idleness. They wait until the conditions are such
that it is almost impossible for them to come together in a friendly way
and discuss the merits of the case in a calm and dispassionate manner.
It is then that the wisdom of resorting to conciliation and arbitration
dawns upon them, and when some kindly disposed person steps in and
l
2
BULLETIN OF THE DEPARTMENT OF LABOR.
submits a proposition to refer tlie dispute to the judgment of a dis
interested third party, they are, as a rule, only too glad to do so. To
this lack of preexisting method or understanding can be attributed
some of the most disastrous labor troubles of recent times.
It is encouraging, however, at the present time to be able to note
the great and beneficent change that has come about during the past
ten years. Obviously the general tone and consensus of opinion favors
more peaceful relations between employers and employees, and it is
quite clear to any intelligent observer that both parties have at last
come to realize the folly of being in a constant state of fear and con
flict and are growing nearer to each other every day.
The necessity o f providing some suitable means whereby employers
and employees might be brought together in a friendly way and have
their respective claims considered by a properly qualified third party
was early recognized in Massachusetts. In keeping with this idea, the
first regular State Board of Arbitration and Conciliation was created
by act of the legislature of that State June 2 , 188G. A t the present
time twenty States of the Union have laws relative to the settlement
of industrial disputes, twelve of which provide for a State board to
administer the law.
The wisdom of establishing such boards is unquestioned, and the
resulting benefits Avhich have come to all concerned more than justify
the assertion that they are indeed the machinery of industrial peace.
But with all the advantages which these boards possess, it is quite
clear that they reach the root of the difficulty only in an indirect way.
For, as a rule, their services are offered or requested, as the case may
be, only after the parties to the dispute have commenced hostilities.
It will be readily understood, however, that after being in existence
for a number of years, the procedure and decisions of these boards have
attracted the attention of employers and employees and have naturally
exercised considerable influence over them. They have seen that the
merits of each case have been carefully considered and that the sole
aim is to render a fair and impartial decision in every instance.
While it may be an easy matter to point out defects here and there,
still, on the whole, it has been clearly demonstrated that, considering
the actual and ever changing industrial conditions of the country,
together with the many difficult questions which are likely to arise
between employers and employees, the reference to a regularly consti
tuted board of conciliation and arbitration of such matters as can not
be satisfactorily settled between the parties at interest is manifestly
tfie most practicable and civilized method that has ever been devised.
Having in mind the demoralizing effects of labor troubles in the
past, it is not at all surprising that at the present day we should find
a growing disposition among employers and employees to come together
and adjust their differences in a peaceable manner, with the further
understanding that all matters in regard to which they can not agree
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
3
shall be left to the decision of some properly qualified third party.
That there are, in fact, a goodly number of such instances there can not
be the least doubt. But for the present purpose it is deemed sufficient
to deal only with such peaceable methods as have been adopted in the
boot and shoe industry in a few of the Eastern States. Furthermore,
it is believed that a study of the results which have thus far been
attained in this industry will bring' out all that there is of value on tbe
subject, as well as reveal some of the obstacles common to all industries
which beset the way toward permanent industrial peace.
Before proceeding further, it may be well to pause for a moment
and consider what is meant by the terms conciliation and arbitration.
Industrial conciliation is a method for settling and preventing differ
ences and disputes between employers and employees In its broadest
application it includes any peaceable method whereby that object is
attained, whether it be by the friendly offices of a conference com
mittee or agent appointed for the purpose, or by the parties agreeing
between themselves without the intervention of a third party. Indus
trial arbitration is a method for settling disputes between employers
and employees by a reference of the question at issue either to a
board that has been established in accordance with the laws of the
State, having full power to hear and determine such matters, or to a
board composed of representatives who have been elected or appointed
by the parties to the dispute, said board to have power to hear testi
mony and decide the question, or, in the event of a failure to decide,
with power to call in one or more parties, whose decision in the case
shall be final and binding on all concerned.
Mr. Joseph D. Weeks, in his valuable report on “ Industrial Concili
ation/’ says: “ Arbitration deals with the larger questions of trade,
conciliation with the smaller; arbitration with the whole trade, concili
ation oftener with the individuals. Conciliation is not formal, it does not
attempt to sit in judgment and decide in a given case what is right and
what is wrong; but its efforts are, in a friendly spirit, to adjust differ
ences by inducing the parties to agree themselves. It removes causes
of dissensions, and prevents differences from becoming disputes, by
establishing a cordial feeling between those who may be parties to the
same. Conciliation, in a word, may be defined as informal arbitration.
Arbitration, on the other hand, is formal. It sits in judgment. It
implies that matters in dispute by mutual consent or by previous con
tract have been submitted to arbiters whose decision is final and bind
ing on both xiarties.” Mr. Henry Crompton, an eminent English
authority, in his work on “ Industrial Conciliation,” says, when discuss
ing the difference between conciliation and arbitration: “ Conciliation
aims at something higher, at doing before the fact that which arbitra
tion accomplishes after. It seeks to prevent and remove the causes of
dispute before they arise, to adjust differences and claims before they
become disputes. Arbitration is limited to the larger and more general
4
BULLETIN OF THE DEPARTMENT OF LABOR.
questions of industry, those of wages or prices, or those concerning
a whole trade. Conciliation deals with matters that could not be
arbitrated upon; promoting the growth of beneficial customs; interfer
ing in the smaller details of industrial life; modifying or removing
some o f the worst evils incidental to modern industry, such, for exam
ple, as the truck system, or the wrongs which workmen suffer at the
hands of middlemen and overseers.”
It will readily be seen that the greatest good must naturally flow
from conciliatory methods, the primary object being to step in at
once when the difference arises, divest it of its serious aspects, and
effect an amicable settlement before the parties have time to become
in any way estranged. On the other hand, if the efforts in this direc
tion should prove ineffectual, then the question becomes a proper sub
ject for arbitration.
While a history of the boot and shoe industry would be replete with
forcible illustrations of the causes which give rise to the demand for
peaceable methods of settling disputes, as well as the obstacles which
tend to make it difficult to satisfy both sides, there is, nevertheless, no
reliable record of such matters prior to 1860. On February 22 of that
year the shoe workers in Lynn, Mass., engaged in one of the most
memorable strikes in the history of the industry. The questions at
issue could have been easily adjusted by arbitration, but the applica
tion of this principle to the settlement of labor troubles was little
thought of in those days. It remained for the period following the
late war to witness the completion of the transition which had been
going on in the industry and which finally led to a more intelligent
consideration of trade matters. It was about 1868 that the old hand
method of production and the old-fashioned 14 by 12 shoemakers’ shops
were forced to give way to the improved machine and the modern fac
tory system, and the hitherto independent shoemaker became gradually
transformed into a machine operator or feeder. Under the old system
he was practically his own master, his tools and his workshop were his
own, and he could work or play at his pleasure. But under the new
order of things he took another man for his master; he owned neither
tools nor workshop, and his freedom to play was curtailed.
With the factory system came great subdivision of labor. By the
old method of manufacture one man performed all or a greater portion
of the work, but under the new order his efforts were restricted to the
accomplishment of a single part. With the division of labor came the
need for grading the work and regulating the price that was to be paid
for doing it. As might be supposed, this proved to be a difficult task.
The manufacturers desired to obtain whatever benefits there were to
be derived from the introduction of improved machinery, but the work
men were not at all anxious to encourage them in their efforts. The
inability of the latter to obtain what they considered to be their just
dues in this respect finally led to the formation of the organization
known as the Knights of St. Crispin.
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
5
THE JOINT BOAED METHOD.
Lynn has always been the leading shoe manufacturing center of
the country, and it was in this city that the new organization had its
largest growth and exercised its greatest sovereignty. It was here,
also, that the first board of industrial arbitration in this country was
established, as far back as July 21,1870, and it is to the wisdom and
persistence of the Lynn shoemakers that their fellow-craftsmen in other
localities are indebted for one of the principal methods in force today.
Next to regulating wages, the matter of teaching green hands was
the most important thing that the Crispins had to deal with, and their
rules upon this point were very arbitrary. During the first two years
of their existence they had little difficulty in regulating matters to suit
themselves. In the meantime the manufacturers became dissatisfied
with the arbitrary rules in force, so in the spring of 1870 they deter
mined to make an effort to bring about more favorable conditions. But
before their plans had matured, one of the leading manufacturers, who
wanted to avoid serious trouble, submitted a proposition to the Crispins
that the whole matter be left to arbitration. This idea met with their
approval, and accordingly a mass meeting was held and a committee of
five appointed to confer with a like number of manufacturers. This
joint committee met July 21, 1870, and after two days’ labor a list of
prices was agreed upon and adopted, to continue in force for one year.
This was the first attempt at industrial arbitration in this country of
which, there is any reliable record. The Crispins were pleased with
the result, especially over the fact that they had been recognized by
the manufacturers as a body to be negotiated with on equal terms.
The manufacturers generally were well satisfied, and felt that they
had at least established a plan whereby they could have more voice in
regulating wages than they had in the past. A t the expiration of the
time agreed upon, another committee of manufacturers met with a com
mittee from the Crispins. They congratulated each other upon the
success which attended the fulfillment of the agreement just ended, and
made out a new list of prices for the ensuing year. This list had been
in force but a short time when it became apparent that the hopes of
those who sought to perpetuate the principle of arbitration were doomed
to disappointment. Some of the manufacturers had cut under the estab
lished prices and the Crispins were unable to remedy the matter or even
enlist the sympathy of those who had taken an active part in establish
ing the board. To add to the complexity of things, some of the work
men had entered into secret contracts with the manufacturers to work
for less than the regular rates. Matters continued in this way until
June 10,1872, when the price list expired by limitation.
The Crispins notified all the manufacturers that they were ready to
meet with a committee for the jmrpose of arranging a price list for the
coming year, but the manufacturers paid no attention to them what
ever. During the course of the next few weeks some of the large firms
6
BULLETIN OF THE DEPARTMENT OF LABOR.
notified tlieir workmen that they would either have to work for reduced
prices or stop work altogether. This naturally aroused the ire of the
Crispins. Mass meetings were held and resolutions denouncing the
action of the manufacturers were passed, and the workmen who were
employed in the factories where wages had been reduced were ordered
to stop work. In a short time nearly all the factories in the city had
ceased operations and both sides were struggling for supremacy.
Finally, on August 17, a committee from the Crispins waited upon the
manufacturers and submitted a proposition for a settlement, which
was such a manifest concession on their part that it was confidently
expected it would be accepted. In this, however, they were mistaken,
for from the beginning the one thing aimed at by the manufacturers
was the complete overthrow of the Crispin organization, and they were
now too near the goal to think of receding. When the news of this
last failure to effect a settlement spread abroad, the workmen were
greatly disheartened. It was clear to them now that the manufac
turers would not recognize their organization, so they concluded to
return to work on the best terms possible, and by the latter part of
August the strike was virtually at an end. In the course of the
next few months what there was left of the Crispin organization grad
ually dwindled away, and in the early part of 1873 the last charter was
surrendered to the grand lodge.
No further attempt to organize the workmen was made until the
early part of 1875, when they formed what was known as the Shoe
makers’ League. But, as this organization did not meet with the
approval of a majority o f the workmen, on the 7th of December, 1875,
it was decided to again apply for a charter under the Knights of St.
Crispin. The most objectionable features of the old order were now
done away with. No claim was made to any right of interference with
employers in the hiring and discharge of workmen nor in the teaching
o f green hands. They established what was called a board o f arbitra
tion, but which, in fact, was nothing more than an executive committee
with more discretionary power than had previously been bestowed
upon such a body. The provisions of their by-laws clearly indicate
that they meant to have this committee exercise all the functions of a
regular board o f arbitration, but as the manufacturers would not
appoint a committee to meet them, their efforts were necessarily
restricted to conciliatory methods. During the first year they were
able, by peaceable means, to settle in the neighborhood of one hundred
cases. This system seemed to meet all requirements and gave better
satisfaction than any that had heretofore been resorted to. The new
Crispin organization continued to flourish, and experienced but slight
opposition until January, 1878. By this time the manufacturers had
again become dissatisfied with the way things were going, so they got
together and issued an iron clad declaration which aimed at the total
abolition of the Crispins. After a hard and bitter struggle, lasting
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
7
about two months, tlie Crispin organization was forced to the wall and
it never recovered.
The last attempt to establish a joint board of arbitration in Lynn
was made in the fall of 1885, when a movement in the interest of higher
wages was instituted under the direction of District Assembly No. 77,
Knights of Labor, and was pushed with such vigor as to disconcert the
manufacturers and compel them to seek some way by which they could
fix a standard of wages that would be fair to all. They realized that
an open conflict with the labor unions meant nothing short of a total
loss of the season’s trade, and that was a thing which they wished to
avoid. Besides this, they had grown weary of the general state of
uncertainty which seemed to prevail throughout the city, and were
anxious to establish some sort of a system whereby they could have
some assurance of being able to conduct their business without inter
ruption. The result of this feeling was soon made manifest by one
of the leading manufacturers, who suggested that the whole matter
should be left to a joint committee consisting of manufacturers and
delegates from the district assembly. This idea was approved by the
labor leaders, and at the next meeting of the assembly a committee of
seven was appointed to form a board of arbitration in conjunction with
the manufacturers.
In the meantime the manufacturers had organized an association and
appointed a committee to represent them on the board.
After several preliminary conferences the joint board was organized,
and the following rules and regulations were adopted:
RULES AND REGULATIONS TO GOVERN THE BOARD OF ARBITRATION
OF THE SHOE AND LEATHER ASSOCIATION AND KNIGHTS OF LABOR
OF LYNN.
R ule 1. The joint hoard of arbitration shall consist of seven members from each
organization, who shall serve for one year, or until their successors shall be appointed
or elected. Five members from each side shall constitute a quorum, and a majority
vote shall be final in all cases, except as hereinafter provided.
Comment.— When by sides there is a difference of opinion, the same number of
persons only on each side shall cast a vote. But when the vote is not by sides, all
at the meeting may vote, and the majority decides the question.
R ule 2. In case of a tie vote, each side shall select a disinterested person, and
these two shall select a third person, and their decision shall be final.
R ule 3. A ll grievances arising in a factory of the Shoo and Leather Association,
in a department covered by the Knight3 of Labor, shall hereafter bo adjusted by the
joint board, after first being approved by their respective executive boards.
R ule 4. Pending the discussion and decision of any difference or dispute there
shall be no lockout, strike, stoppage, or cessation of work by either employer or
employee. A ll matters referred to the joint board must be settled within fifteen
days after presentation; i f not, it must bo settled a3 provided for in Rule 2.
R ule 5. No member of the Shoe and Leather Association shall discharge any
employee because ho or she is a member o f the Knights o f Labor. Neither shall he
employ any person Avho is objectionable to the Knights o f Labor, after he has been
officially notified by the joint board of arbitration.
8
BULLETIN OF THE DEPARTMENT OF LABOR.
Comment.— The intent o f this rule is not to compel any person to become a member
o f the Knights o f Labor.
R ule 6. N o employee shall be allowed to work more than ten hours a day, and on
Saturday nine hours, in any department covered by the Knights o f Labor; except
in extreme cases, an employer may employ help not more than three hours extra per
day, for five days in any one month, without permission from the joint board of
arbitration.
R ule 7. No member of the Knights of Labor shall be required to pay for rent,
heat, light, or findings, unless a special consideration be paid therefor.
R ule 8. No contract shall be given in any department covered by the Knights o f
Labor, unless the person taking said contract shall pay the standard prices of such
work.
R ule 9. All employees to be paid weekly.
R ule 10. The joint board of arbitration shall meet within two days after being
notified by the executive board of either organization at such time and place as
may hereafter be agreed upon. No complaint shall be considered, unless stated in
writing and the causes of the complaint are specified and signed by the com
plainants.
R ule 11. There shall be no interference with the employment of persons by the
week (except as provided for in Rule 5) i f the wages paid are.satisfactory to the joint
board of arbitration. But in a department working under a piece price, the system
shall not be changed without consent o f the joint board o f arbitration; but in
all cases the amount paid by the week must be equivalent to the piece price for the
same work.
These rules shall govern the joint board of arbitration until June 1, 1886.
During the first three months the board was in session almost every
day, sometimes devoting ten hours per day to the work in hand. A t
the end of that time they had succeeded in grading the work and
making price-lists for several departments, which were to continue in
force until October 1 , 1886.
It is worthy of note that the price established in the upper-cutting
department has been maintained to the present day. During the last
three months of the period the prices in most of the other depart
ments were agreed upon by subcommittees and indorsed by the board,
but before they became operative the workmen, who had been grad
ually growing dissatisfied, protested against the continuance of the
board. They were striving for trade autonomy, and threatened to with
draw from the Knights o f Labor if their wishes were not complied
with. The manufacturers earnestly protested against such a course,
but without effect. The district assembly finally acceded to the
demands of the shoe operatives, and withdrew their delegates from
the joint board. This virtually put an end to the board, and defeated
one of the most successful attempts at arbitration that has ever been
made in Lynn.
As regards the work which was accomplished by this board, the testi
mony o f those who are familiar with its history all goes to show that
the shoe operatives of Lynn never entertained any adequate conception
o f the magnitude of the work or the difficult task that the members
had before them. Two of the Knights of Labor delegates to the board
were seen and were found to be practically of one opinion. They
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
9
spoke in the highest terms of the manufacturers and their manifest
intention to establish and maintain a peaceable method of adjustment.
They stated also that if the price lists which had been made out had
become operative fully 60 per cent of the employees throughout the
city would have received an increase in wages, and not over 5 per cent
would have been reduced. They further stated that the abolition of the
joint board was brought about by the efforts of the shoe operatives’
delegates who were constantly opposing the work of the board in the
meetings of the district assembly.
On the other hand, the manufacturers stated that when the board was
established they looked forward to a long period of peace and pros
perity in the industry. They deplored the discontinuance of the board
at the time it occurred, as they believed that it was the only available
method for handling such grievances as were constantly arising in the
factories. They feel, however, that their efforts were not altogether
fruitless, as the principle of fairness, which had taken root during the
proceedings of the board, has always been manifest in subsequent
dealings with the workmen, and enabled them to come together and
discuss their differences with more intelligence and a greater degree of
satisfaction than had ever been attained under previous conditions.
Simultaneously with the formation of the joint board in Lynn in
1885, the manufacturers of Brockton, Mass., issued a manifesto and
price list to the workmen in the lasting department, allowing them
•four days in which to consider and adopt the same. A mass meeting
was held, and after discussing the proposition of the manufacturers it
was finally decided to appoint a committee representing all the labor
organizations in the city to wait upon the manufacturers’ executive
committee for the purpose of inducing them to leave the matter of
prices to a joint board of arbitration. This proposition was declined
and a few days later all the factories operated by members of the man
ufacturers’ association were closed and 5,700 operatives were thrown
out of employment.
After three weeks’ suspense, the manufacturers finally consented to
meet a committee from the unions with a view to arranging a basis of
settlement. Several days were spent in discussing details, and on
December 5 an agreement providing for the establishment of a joint
board of arbitration with rules and regulations to govern its proceed
ings was adopted and signed by both sides. The board consisted of
six members from each side, and one of the rules provided that in case of
a tie vote each side should select a disinterested person, and these two
should select a third 5 the decision of the three to be final. The board
immediately went to work upon the lasters’ price list, but as they could
not agree the matter was referred according to the foregoing rule. A
decision was rendered on December 22, and after five weeks’ idleness
the factories were again opened and the operatives returned to work.
On February 8, 1886, the board made out a price list for the finishing
10
BULLETIN OF THE DEPARTMENT OF LABOR.
department, which was to continue in force until January 1,1887. This
virtually completed their work, and after settling up a few minor griev
ances the board gradually went out of existence. The price lists estab
lished by the board were adopted by all concerned and have served as
a basis for subsequent changes.
A history of the attempts which have been made toward establish
ing peaceable methods for adjusting trade disputes in Haverhill,
Mass., would in many respects be merely a repetition of what has
already been said in connection with the shoe industry of Lynn. The
employees have had their labor unions with agents
represent
them 5 they have endeavored to regulate wages and 1
met with
reverses; they have lived to realize the folly of strikes under x>revailing conditions, and have finally come out openly and fougbt for indus
trial peace. They have struggled for years under varying and at times
disheartening conditions, shifting from one form of labor union to
another, and gaining little, if anything, except such wisdom as usually
comes from sad experience.
Previous to 1892 there had been no concerted movement on either
side toward establishing a permanent system for settling trade dis
putes. The agent system had been in force for a number of years,
but as this was confined mostly to the lasters, the remainder of the
operatives were left to struggle along as best they could.
As might be expected under such circumstances, their relations with
the employers were not altogether harmonious. In the dull season*
the manufacturers would reduce wages and when business was brisk
the workmen would get together and demand a restoration or an
increase. After a while the operatives became strong enough to employ
an agent to look after their interests and for a time matters ran along
without much friction. Then they began to neglect their organization,
and the manufacturers, who were always kept informed of what was
going on, were not slow in resorting to the old method. Wages were
reduced here and there and always in the parts that were the least able
to resist.
With a full knowledge of these facts, and prompted by the desire to
bring about more favorable conditions, the Central Labor Union of
Haverhill, in the spring of 1892, sent a communication to the local
ministers inviting them to deliver a sermon on some phase of the labor
question. The invitation was accepted and on the following Sunday
about 300 members of the labor organizations attended services at the
First Baptist Church and listened to a sermon by the Bev. W. W.
Everts on the peaceful settlement of labor troubles by arbitration. The
workmen were more than pleased with the manner in which the subject
was treated and expressed the hope that the principles enunciated by
the minister would meet with the approval of the manufacturers.
Now that the subject of arbitration had been brought to the front,
several of the local ministers took an interest in the matter and
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
11
willingly set to work to see what could be done toward bringing the
manufacturers and workmen together. After considerable effort they
finally induced the manufacturers to form an association. Without
wasting any time the association immediately proceeded to act, and on
October 27,1892, passed a resolution requesting the president to notify
the Central Labor Union that they had organized and were ready to
proceed with the formation of a joint board of conciliation and arbitra
tion. This communication met with the hearty approval of the labor
organizations, and they immediately appointed a committee to confer
with the manufacturers.
After several conferences a plan of action was decided upon and the
following constitution and by-laws adopted:
AGREEMENT OF 1892 BETW EEN THE SHOE MANUFACTURERS AND SHOE
WORKERS OF H AVERH ILL.
W e, the undersigned, shoe manufacturers and shoe workers of Haverhill, that we
may maintain harmonious relations with one another, and may unite in the adoption
of such measures as shall tend to improve the condition of the business and pro
mote the general welfare of all employed in it, do hereby form an organization and
adopt the following constitution for our government:
CONSTITUTION AND BY-LAWS.
A iiticle I .—Name.
This body shall be known as the Board of Conciliation of the Shoe Trade in
Haverhill.
A rticle II.— Object.
Its object shall be to conciliate employers and employed in all difficulties that
may be by them referred to this board.
A rticle III.— Membership.
This board shall be composed of two delegates from each affiliated labor organi
zation, and a number of delegates from the manufacturers’ organization, equal to
the sum of those from the several labor organizations.
A rticle IV .— Delegates, terms, and how elected.
Section 1. Term o f office of all such delegates shall be one year, beginning on
December 1, and such delegates shall be elected during the month preceding the
beginning of the term.
Se c . 2. Delegates shall bo elected in any manner approved by their respective
constituents.
A rticle V .— Officers.
Section 1. The officers shall consist of a president, vice-president, and two sec
retaries. These officers shall constitute the standing or executive committee of the
board.
Sec . 2. Two or more candidates for president shall be nominated by the repre
sentatives of the manufacturers, and tho one of these candidates receiving a major
ity of all votes cast shall be declared elected.
Two or more candidates for vice-president shall bo nominated by the representa
tives of tho labor organizations and elected in the same manner as the president.
Each side shall nominate two or more candidates for secretary, from which one
12
BULLETIN OF THE DEPARTMENT OF LABOR.
from each body shall be elected by the full board in the same manner in which the
president and vice-president are elected.
Se c . 3. There shall be also elected a substitute standing or executive committee
of the board.
The nominees for each office receiving the second largest vote shall be declared
the substitute standing or executive committee.
Se c . 4. The duties of the several officers shall be those usually pertaining to their
respective offices.
Se c . 5. When a difficulty is referred to the board, the executive committee shall
investigate and confer with both parties, and endeavor to adjust th& same to the
satisfaction of both sides. Failing at their attempt at conciliation, they shall call
a meeting of the full board and submit the result of their investigation.
Se c . 6. Should a member of the executive committee be a party to the question
under consideration, his or her place on the board shall be filled by the correspond
ing member from the substitute committee.
Se c . 7. A full representation of the executive committee shall constitute a
quorum o f such committee.
A rticle V I.— Terms o f officers and when elected.
Section 1. The terms of officer^ shall be for one year, commencing immediately
after the annual election.
Se c . 2. Officers shall be elected the first Thursday in December, which shall be
the annual meeting.
A rticle V II.— Vacancies.
Vacancies may be filled at any meeting.
A rticle V III.— Methods o f procedure for the hoard.
When a case is presented by the executive committee to the board, the board
shall hear the results of the investigation of the committee, and do all in their
power to bring the parties together and to effect a satisfactory adjustment o f the
matter in dispute. Should the attempt at conciliation prove a failure, the matter
in dispute shall be referred to a board of arbitration, whose decision shall be final,
and there shall be no strike or lockout pending a settlement.
A rticle I X .—Board of arbitration.
Section 1. The board of arbitration shall be formed as may be mutually agreed
upon by the parties interested, and no member of the board of conciliation shall be
a member of the board of arbitration.
Se c . 2. A board of arbitration formed for the settlement of a dispute shall decide
the date at which the settlement shall take effect.
Se c . 3. I f the parties in dispute can not agree as to the formation of the board of
arbitration, the board of conciliation shall decide for them.
A rticle X ,
Delegates may be instructed or recalled at the pleasure of their constituents.
A rticle X I .— Meetings of the hoard.
Section 1. The standing committee shall call a meeting of the full board when
ever five members o f the board of conciliation shall in writing request them to do so.
Sec . 2. A quorum shall consist of at least five (5) members from each organiza
tion.
Se c . 3. At any meeting of the board, if either the party o f the manufacturers’ asso
ciation or the shoe workers shall be in a minority, each member of such minority
shall be entitled to one and such fraction of a vote as shall make the number o f votes
of each party equal.
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
13
A rticle X I I .— Expenses.
Any expense incurred in the administration of the hoard shall he horne one-half
by the manufacturers’ organization and one-half hy the labor organization.
A rticle XIII.
It is agreed by the members of the Haverhill Manufacturers’ Union that hereafter
they will employ only members of the affiliated labor union represented in the joint
board of conciliation when satisfactory workers can be furnished by said union,
excepting, however, workers already employed at the present time, so long as they
remain with their present employers.
It is agreed by the labor unions represented in the joint board of conciliation that
they will use no other joint board of conciliation as a board of last resort for settling
difficulties, and will not bring a case for settlement before this board unless both
parties are members of organizations in this board.
A rticle X IY .
This constitution can not be annulled, amended, or suspended except by a vote of
three-fourths of the members.
Under this plan the board commenced operations. During the first
year in the neighborhood of fifty eases were acted upon, a majority of
which called for the settlement of new price lists, consequent upon the
introduction of new styles of shoes. A new price list calling for an
increase of $1 per week for upper cutting was adopted by the'executive
committee of the board, but only two firms agreed to pay it. They
also made a price list for turned work that was adopted generally
throughout the city.
In the fall of 1893 the manufacturers lost interest in the board and
neglected to attend the meetings, consequently it was allowed to sink
into a state of dormancy, in which condition it remained for over a year.
In the meantime the effects of the general depression which prevailed
throughout the country began to be felt in Haverhill, and reductions
in wages soon followed. The unions were not able to resist the efforts
of the manufacturers in this direction, so they contented themselves
with whatever they could get.
Matters continued in this condition until December 10,1894, when
the lasters became involved in a controversy with several firms over
the adoption of a new price list for machine lasting. The trouble soon
spread from one factory to another, and by the end of the month all
the larger firms in the city were more or less involved. The officials
of the International Union, to which most of the workmen outside of
the lasters belonged, now took a hand and declared their intention to
enter upon a general strike. They claimed that they would be justified
in such a course, as during the previous winter the manufacturers
ignored the joint board and reduced their wages. More than that, they
felt that the time had come when they should make some effort to abol
ish the contract system of hiring workmen, which was in force in some
o f the larger factories. Following this declaration, eight of the local
6395—No. 8-----2
14
BULLETIN OF THE DEPARTMENT OF LABOR.
ministers issued an appeal to both sides to refer all questions in dispute
to arbitration, but the manufacturers were not yet ready to adopt that
course. On New Year’s Day, 1895, the employees held a mass meeting
at the city hall, where they were addressed by Miss Frances E. Willard,
Lady Henry Somerset, and others. This same day the agent of the
International Union and the president of the manufacturers’ associa
tion conferred with a view to reviving the board of conciliation. Seeing
that the matter of reviving the board was favored by some of the
manufacturers, the unions now determined to force the issue. Accord
ingly, on January 4, they drew up the following agreement:
W e, tlie undersigned shoe manufacturers o f Haverhill, do hereby agree to become
members of the local board o f conciliation and will leave asll disputes as to condi
tions and prices now existing, or that may hereafter arise, between any or all of us
and those in our employ, to said board, and to abide by the rules, regulations, and
conditions of said board pertaining to the settlement of said difficulties.
Armed with this, the agent of the union called upon the manufac
turers and informed them that they must either pay the scale of prices
that had been made by the joint board in 1892 or sign the agreement,
otherwise their employees would stop work.
Every day thereafter witnessed some new turn in affairs. The manu
facturers who were parties to the agreement of 1892 got together and
issued the. following letter, which was sent to every manufacturer in
the city:
H a v e r h il l , Mass ., January 29, 1895.
D ea r Si r : W e inclose a blank application o f membership in the manufacturers7
association, which we trust you will sign and return to the secretary before Saturday,
February 2.
This is the association from which the manufacturers get their representation on
the board of conciliation and arbitration, to which we are all looking for a settle
ment of the present labor trouble, and it is necessary that all manufacturers and
contractors should join in order to receive the benefits to be derived from the joint
board.
But 50 manufacturers, all told, took any notice of this letter. On the
other hand, the agent o f the union had been busily engaged in calling
upon the different firms, and besides inducing many of them to pay
the price list, he also succeeded in obtaining 75 signatures to the agree
ment to join the local board. The Iasters had now succeeded in having
their price list accepted by several firms and the center of trouble had
narrowed down to the few factories where the contract system was in
force. Members of the State Board of Arbitration and Conciliation
visited these firms several times, but they were unable to bring about
any kind o f a settlement. By this time the local board o f conciliation
had been reorganized and the work of settling the differences was
begun. W ith the exception of the price list for machine lasting, all
matters brought before the board were settled by the executive com
mittee. Owing to their inability to agree upon the price for machine
lasting, the matter was referred to the State Board of Arbitration and
Conciliation. The decision of the board was rendered on May 27,1895,
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
15
and it was accepted and adopted in 18 different factories throughout
the city.
The meetings of the local board were continued with some degree
of satisfaction up to the latter part of the year, when, owing to the
failure of the manufactured delegates to attend, it was almost impos
sible to transact any business. The last attempt in this direction was
made on February 17, 1896, but as there was no quorum on the part of
the manufacturers’ delegates no meeting was held.
During the time that this board was in operation, besides attending
to a number of grievances, price lists were made for several depart
ments, but they were adopted by only a few firms.
As regards the probability of reviving the local board there is a
diversity of opinion. On both sides there are those who are inclined
to be somewhat pessimistic in their views. The manufacturers of this
class contend that it is impossible to induce a majority of their number
to join an association and be bound by the rules of a local board, and
that every attempt thus far has only developed this fact. They claim
that the competition and jealousy which exist among the manufacturers
dominate their actions and will always defeat the good intentions of
those who are earnestly engaged in trying to effect a permanent organ
ization.
The workmen of this class contend that while they favor the idea
and always lived up to the rules of the local board, their observation
and experience teaches them that a permanent system of conciliation and
arbitration can only be maintained when the workmen are thoroughly
organized and strong enough to force the manufacturers to recognize
and adopt it. In support of this they point to the proceedings of the
local board, which show that out of six different price lists approved
by the executive committee of the board but one was ever adopted by
any considerable number of manufacturers, and that by reason of the
weakness of the labor unions the workmen were unable to enforce
the adoption of the others.
Another class of workmen, which happily is more numerous than
the former, entertain a brighter view of the matter. They believe in
the principle of arbitration and have always taken an interest in the
local board. They point to the fact, that while the board was in oper
ation there was very little trouble in the factories and a general feeling
of satisfaction prevailed throughout the city. They contend that some
kind of a peaceable method for adjusting trade disputes is really nec
essary for the successful conduct of the business o f the city, and they
have full faith in the probability of reviving the board.
Bepresentatives of the workmen stated that the idea of establishing
a permanent peaceable method had been discussed by the unions for
several years and when the opportunity came they were very happy to
join with the manufacturers in forming the joint board; that while the
results attained during the first year were not as satisfactory as they
16
BULLETIN OF THE DEPARTMENT OF LABOR.
might have been, still, they had felt that when the purpose of the board
was fully understood, the manufacturers would take more interest in
the matter and give it their support; but, instead of this, they not
only abandoned the board but when hard times came on they took
advantage of their employees and reduced their wages. It was no
easy matter for the workmen to forget this action, and the following
year when the trouble over the lasting machines arose they took
advantage of the opportunity to demand the restoration of prices and
the revival of the board. When the board commenced operations the
second time they felt that the manufacturers would profit by the expe
rience o f the thirteen weeks9 struggle through which they had just
passed and live up to their agreement. But, as subsequent events
have shown, they reckoned without their host. A majority of the
manufacturers who signified their willingness to resort to the board
never took any further interest in the matter and absolutely refused to
adopt the price lists approved by that body.
Notwithstanding this experience, the labor representatives and the
conservative workmen still have hopes of being able to establish some
kind o f a permanent system for the peaceful settlement of their diffi
culties. They feel that something of the kind must eventually come,
and, as one of them said, u While we have not accomplished much
thus far, we have pointed out the road which sooner or later they all
must travel."
The Philadelphia system of arbitration is often referred to in other
sections as the most complete of its kind that there is in the country.
Unlike all the other places where there is any considerable number
of people employed in the shoe industry, this city is the only place
where a board of arbitration has ever been kept in regular working
order for more than one year at a time. And perhaps what is more
interesting in this connection is the fact that the system itself origi
nated with and has practically been kept in existence through the efforts
of the manufacturers.
Beginning with the demand of the manufacturers9association in the
spring of 1884, the idea of establishing a peaceable method for settling
trade disputes was constantly pressed to the front until at last they
succeeded in planting the seeds from which the present system has
grown.
During the period between 1880 and 1884 the shoe operatives through
out the city had became thoroughly organized, and, like their fellowcraftsmen in other places, they sought to regulate trade matters to suit
themselves. As might have been expected, this could not be accom
plished without incurring more or less opposition from the manufac
turers. The latter were not satisfied with the methods of the unions,
and after several ineffectual attempts to induce them to agree upon
some method o f arbitration they finally concluded to take the initiative
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
17
and at a meeting held November 21,1884, the following resolution was
adopted:
Be8olved, That the executive committee notify District Assembly No. 70, Knights
of Labor, that the Boot and Shoe Manufacturers’ Association demand a joint board
of arbitration on all questions in dispute, and unless the request is granted by
December 6, 1884, all the shoe manufacturers connected with this association will
close their factories.
This sudden change of front was more than the employees had looked
for, and it naturally created a great deal of unfavorable comment. After
discussing the matter for several days, the district assembly decided
not to accept the proposition to form a joint board of arbitration until
the threat to close the factories was withdrawn, and the manufacturers
were notified o f their action. No notice was taken of this communica
tion, and on December 6 the resolution of the manufacturers was carried
into effect and the employees of 22 factories were locked out.
On December 15, through the intervention of a representative of the
Universal Peace Union, a meeting of both executive committees was
arranged for the 20th of the same month. A t this meeting it was
agreed that each organization would appoint a committee of seven to
meet three days later with full power to complete a system of joint
arbitration. With this understanding, the manufacturers promised to
open their factories on December 26, or as soon thereafter as possible.
On December 23 the committees met, and after a prolonged discussion,
lasting several days, they finally agreed upon a scheme of arbitration,
with rules and regulations to govern their future relations, and on
January 3,1885, they were adopted and signed by both sides.
For a year or more after the joint board was formed matters pro
gressed very smoothly, and nothing of importance arose until the fall
of 1886.
It appears that it was the understanding of the board that each manu
facturer should settle the question of wages with his own employees,
subject, o f course, in case of dispute, to an appeal to the joint board.
This was a prerogative that the manufacturers jealously guarded.
On the other hand, the assemblies were not. satisfied with this way of
doing business. They claimed that it led to no end of abuse, and that
there was no uniformity in the wages of the employees. What they
desired was a uniform price list for all factories making similar grades
o f shoes, and in accordance with this the assemblies set to work to pre
pare price lists for the different departments. iThese lists were styled
“ uniform assembly bills,” and were prepalw vrith the understanding
that they would be presented to the manufacturers by the grievance
committee o f each factory. The efforts of the assemblies to carry out
this programme were unavailing. A t the outset they were met by the
united and determined opposition of the manufacturers, who were in
some instances reenforced by their employees $ so the matter was
18
BULLETIN OF THE DEPARTMENT OF LABOR.
dropped until early in June, 1887, when the time arrived for the con*
sideration of new price lists for the ensuing season.
According to the rules prevailing in most o f the factories, price lists
were to be arranged at a meeting of the employees and handed to the
grievance committee for presentation to the employer. Instead of
pursuing this course, a prominent member of the Hand-sewed Men’s
Assembly, who was also a member of the joint board, presented an
assembly bill to the grievance committee of one of the factories with
instructions to present it to the manufacturer as the employees’ bill.
The firm, being aware of the proceedings, failed to make a satisfactory
settlement, and referred the case to the joint board. This body, after
considerable discussion, appointed a special committee to investigate
and, if possible, arrange matters satisfactorily.
In the meantime i>rice lists were presented in six other factories, but
only in one of them was the assembly bill insisted upon. In this fac
tory the employees went out on a strike to enforce the bill, and two
days afterward the matter was compromised.
After a long investigation the committee which was appointed in June
to settle the price list for hand-sewed work presented a report to the
joint board on September 26, recommending its adoption. The report
was acceptable to the five firms making hand-sewed goods, and it was
expected that it would be agreeable to the workmen. On the contrary,
they were determined to enforce their assembly bill, and with this intent
they took the matter into their own hands, and on October 5, 1887, all
the “ hand-sewed workmen” were ordered to stop work.
This led to a protracted controversy between the executive commit
tees of both organizations, but all to no purpose. Finally, the manu
facturers notified the district assembly that until they could be guar
anteed that the rules of the joint board would be observed and enforced
the board was useless, and they therefore withdrew their members
therefrom.
On receipt of this communication the district assembly anticipated
the intention o f the manufacturers to close their factories by ordering
a general strike on October 19. Over 3,000 operatives were now out of
employment. Three days after this event the executive committee of
the district assembly endeavored to arrange a meeting with a view to
effecting a settlement, but the manufacturers refused to meet them.
Nothing further of importance occured until November 12. By this
time the manufacturers had decided to inaugurate the “ free-shop” sys
tem and also establish a system of arbitration which would enable them
to deal directly with their employees. In pursuance o f this idea the
following preamble and rules were adopted:
P h ilad elph ia , November 12, 1887.
The twenty-four firms, members o f the Boot and Shoe Manufacturers’ Association,
believe that to longer make an effort to deal with an organization without power to
enforce contracts is useless, unbusinesslike, unjust to ourselves and those of our
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
19
late employees who wish to work, and invites a risk of capital, reputation, and busi
ness that we can not entertain. Therefore, profiting from past experience and from
observation of various manufacturing industries, we propose to open our factories
on Monday, November 14, 1887. W e will not discriminate for or against any person
because he or she is or is not a member of any organization; [we] will meet a com
mittee of our working people as a board of arbitration, and those who wish to work
in our factories will be fully protected in their workings by the following rules and
regulations. The bill of wages paid prior to the strike will be paid in each of tho
branches in the several factories until December 1,1888, and should there be anj'
change desired at that time the rules make provision for such change.
RULES AND REGULATIONS FOR GOVERNING THE
OF THE BOOT AND SHOE
M ANU FACTU RERS
PH ILADELPH IA.
SHOE FACTORIES
ASSOCIATION OF
ADOPTED NOVEMBER 12, 1887.
[In reading these rules, the rule and comment should be read together.]
R ole 1. The right of the manufacturer to employ or discharge employees must
be acknowledged.
Comment.— This rule moans that the right to employ and to discharge laborers
belongs to those who own the business. There could be no other rule. No prudent
man would invest capital in business if he could not control it by employing the
laborers ho thought necessary and proper for conducting it. This is the inseparable
incident of capital.
R ule 2. Employers or employees must not discriminate for or against any indi
vidual because he or she is not a member of any organization.
Comment.— No employer shall discharge or refuse to hire a man or woman because
he or she is not a member of any organization. Nor shall any man or woman refuse
to work with or for any person because he or she is not a member of any organiza
tion. This is but equal justice to all, and will promote the freedom of conscience
we boast of as American citizens.
R ule 3. Each manufacturer is to regulate his or their working hours, but in no
case shall a day’s work exceed ten hours, except in two or three departments, in
order to fill orders on time.
Comment.— Each manufacturer shall say at what time hands shall begin work in
the morning and when they shall stop, not exceeding the time named in the rule.
When extra work is to be done, the manufacturer shall direct it in order to meet the
engagement calling for it. But for the extra labor performed the employee shall
receive extra pay. Business will decide the departments.
R u le 4. Section 1.— Shop meetings to be held only after working hours.
Comment.— The purpose of this rule is that there may be no interference with
business.
Se c . 2. Grievance committee of shops not to meet oftener than once a week.
Comment.— The committee need not meet once a week unless it has business.
R ule 5. Pending the discussion and decision of any difference or dispute, there
shall be no lockout, strike, stoppage, or cessation of vrork by either employer or
employed.
Comment.— It is the object of this rule to substitute reason and right instead of
violence, in whatever form, by either employer or employed; and during no dispute
or difference shall the work in any shop or department of it be stopped or interfered
with.
I f the interests of parties can not be so adjusted and harmonized that the parties
can continue the relations of employer and employee, then, according to the real
or supposed interests o f the parties, they must separate, not in violence, but accord
ing to reason. This rule implies that in no case is it necessary to resort to lockouts,
20
BULLETIN OF THE DEPARTMENT OF LABOR.
strikes, or violent means in any form, it being tbe office of reason, acting according
to the Golden Rule, to adjust and settle alt human interests.
R ule 6. In case of a disagreement between employer and employee it shall be the
duty of the grievance committee to settle, i f possible, the matter in dispute; but
in the event an agreement can not be reached the matter in dispute shall be sub
mitted to the board o f arbitration.
Comment.— This rule is sufficiently plain without explanation.
R ule 7. There shall be no interference with the employment or wages of hands
hired by the week, when the wages are satisfactory to the employer and employees,
so that competent workmen may be protected.
Comment.— Business requires that some “ hands be hired by the week,” and that
wages are paid to the skill o f the hand. It is the object of the rule to protect both
the laborer and the manufacturer.
It is to give to the manufacturer the advantage of skilled labor, and to give to
skilled labor a ju st remuneration. O f course, the manufacturer may employ inferior
skill and give it inferior remuneration. This may be important at some times and
for some purposes. It is the right o f the manufacturer to determine how his busi
ness shall be conducted. Capital and labor should each receive its equitable reward.
I f the wages are not satisfactory, the hand may quit work; and i f not satisfactory
to the employer he may dismiss him.
W ith any other rule business could not be safely carried on.
R ule 8. Section 1. The joint board o f arbitration shall consist of seven mem
bers o f the manufacturers’ association, actively engaged in manufacturing, and
seven employees working for members of the manufacturers’ association; must come
uninstructed, hear testimony, examine witnesses, and decide on the merits o f the
case. Said members shall serve for one year, or until their successors are appointed
or elected. Five members from each side shall constitute a quorum. A majority
vote shall be final in all cases.
S ec . 2. No person shall be questioned or held accountable as individuals or as
members o f any organization for their actions or doings as arbitrators.
Comment.— Seven manufacturers and seven employees compose the board. These
are appointed by the respective associations. It is required that the members of
the joint board shall each be actively engaged as manufacturers o f the association
or actively engaged as employees o f manufacturers o f the association; were it other
wise, manufacturers or employees might be eligible whose interest it would be to
create strife rather than to promote harmony. Members o f the joint board form
what is similar to a jury, and what jury could give a fair verdict i f its members were
instructed how to decide before hearing the testimony ?
Each arbitrator must be guaranteed that his freedom of opinion and conscientious
action as an arbitrator will be fully protected by both the association o f employers
and employees; otherwise qualified parties might hesitate to accept the position or
act as their judgment and conscience dictated. When by the sides there is a differ
ence of opinion, the same number o f persons only on each side shall cast a vote.
But when the vote is not by sides all at the meeting may vote, and the majority
decides the question.
R ule 9. In case of a tie vote, each side shall select a disinterested person, and
these two shall select a third person, and their decision shall be final.
Comment.— In a warm contest both parties might not agree on a third person, and
hence the provision o f the rule. When the three persons are chosen, the majority
vote cast by them shall be decisive and final.
R ule 10. The joint board of arbitration shall meet semimonthly, at such time and
place as may hereafter be agreed upon. No complaints shall be considered unless
stated in writing and the causes o f complaint are specified and signed by the
complainant.
Comment.— All parties seek to avoid trivial complaints. The rule requires the com
plaint to be in writing in order that the person may see it in that form, and that the
board may have something definite before it
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
21
R ule 11. Complaints shall ho presented to the board at the first meeting after the
cause thereof shall arise, or it will be deemed that there are no grounds for complaint.
Comment.— This rule is rigorous and might work hardship i f the cause o f com
plaint should arise just before a meeting. But there should be no delay. It is
improper to introduce stale complaints.
R ule 12.—No bill o f wages will be received from any organization, but all bills
shall originate with and be presented by either employer or employee, on or before
October 1 o f .each year, where any changes are desired, and shall be settled by
November 1, to take effect December 1 following and continue in force one year.
After the bill of wages has been presented the employer shall adjust with each full
branch the difference asked by either party, and when all have been adjusted the
shop organization shall approve and attest the bill. Up to this point there shall be
no interference permitted on the part of the manufacturers’ association or any
other organization; but in case the difference can not be mutually adjusted by the
employer and any branch or branches, these points of difference shall be stated in
writing and submitted to the joint board o f arbitration, and their decision shall be
final and binding on both parties.
Where no bill is presented by October 1 of any year the old bill shall continue in
force for another year, except in change o f system or introduction of machinery or
new work between dates of annual settlement of bills; in these cases the prices fixed
shall be for the balance of term of general contract.
Comment.— This rule recognizes the fact that the employer and employees of any
branch know better what facilities there are for doing each kind of work in a fac
tory and what labor is worth as it is given to them than any outside party can, and
also that their judgment is fair and not influenced by those whose interest it might
be to interrupt instead of give them employment.
R ule 13. It is the manufacturer’s exclusive right without arbitration to use what
ever stock he thinks proper, to introduce whatever machinery he deems necessary,
and divide and subdivide his work as he sees fit or his business may require, and it
is the right of the employee to be paid just wages for the labor performed by him.
Comment.—In order that a manufacturer may originate improvements and adopt
those o f others to meet competition of other localities, he must be guaranteed that
he can manage his business without interference. On the other hand, these new
demands must not encroach on just remuneration of the employee, but he must be
paid for the labor he does.
R ule 14. The minutes of each meeting of the joint board of arbitration must be
printed and posted in each factory within five days from the date of meeting.
Comment.— That all employers and employees may be fully informed of the pro
ceedings and decisions o f the joint board o f arbitration.
Addendum.— I f any difference shall arise hereafter touching any matter not pro
vided for in the foregoing rules, such difference shall go before the board o f arbitra
tion for adjustment and decision.
The trouble from this time was of short duration. One shop’s crew
after another returned to work, and in the course of a few weeks the
strike was a thing of the past.
Soon after the factories had resumed operations the employees formed
an organization that has since been known as the Central Convention
of Shoe Workers, and on December 15, 1887, they notified the manu
facturers that they had appointed seven delegates as an executive
committee with full power to confer with them and form a joint board
of arbitration.
The board organized in conformity with the rules of the manufac
turers’ association and has continued its operations without interrup
tion up to the present time. The officers of the board consist of a
22
BULLETIN OF THE DEPARTMENT OF LABOR.
president, vice-president, and two secretaries. The president is always
a manufacturer, the vice-president is chosen from the employees’ dele
gates, and the secretaries are selected one each from the manufacturers
and employees.
The Central Convention of Shoe Workers is composed of representa
tives from the various factories operated by the Boot and Shoe Manu
facturers’ Association. The object o f this convention is stated to be
to discourage and prevent as far as i>ossible strikes and lockouts,
believing them to be injurious and detrimental to the interests of work
ingmen, and to substitute a more legitimate and satisfactory method by
appealing to intelligence and reason through the medium of arbitration.
Each factory has what is called a shop association, with a regular
board of officers and a grievance committee. The dues are 1 cent
per month and every employee must belong to the shop association.
When an employee has a grievance, he first tries to adjust it with the
employer. I f he fails to do this, the matter is referred to the grievance
committee, whose duty it is to inform themselves upon the facts and
endeavor to effect a settlement with the employer. I f they do not suc
ceed, the grievance is referred back to the employee and by him sub
mitted in writing to the joint board of arbitration. When the case
comes up before the board, both the employer and employee must
attend the meeting and present their respective claims.
During the eight years that the board has been in operation the
records show that there have been 45 grievances submitted—34 by the
employees and 11 by the manufacturers. Of this number 24 cases
were settled by the board, 16 were withdrawn and settled by the par
ties, and 5 cases were declared to have no status, owing to the failure
to submit their grievances within the time prescribed by rule 12.
O f the 24 cases settled by the board 17 were favorable to the employees,
4 were in favor o f the manufacturers, and 3 cases were compromised.
A s no record has been kept of the grievances that have been settled
withoiit recourse to the joint board, it is impossible to state just how
many there were, but the parties interviewed say that there must have
been at least 500.
The manufacturers claim that this is the best system that has ever
been devised; that it has done away with strikes and lockouts, and
established peaceful relations between their employees and themselves.
They are positive that it has helped to bring more business to the city,
and consequently has given steadier employment to the workmen and
increased their earnings to a considerable degree. They claim that,
while the general tendency of wages in certain parts of the industry
has been downward, the Philadelphia shoemakers have not suffered
any more in this respect than the workmen in other localities. When
it was pointed out that the piece-workers do not receive as much as
they do in other places on similar grades of work, and that those who
are paid by the week are obliged to do more for the same or less wages
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
23
than is paid in other shoe centers, they invariably refer to still other
localities where the workmen do not receive nearly so much for their
labor as they do in Philadelphia. They further claim that their
employees have broken away from the old idea of striving for a few
weeks of a big pay” during the busy season, and are quite content with
the present arrangements, whereby they have steadier employment and
are able to earn more in the aggregate than they ever could before.
When attention was called to the rumor which prevails in other shoe
centers to the effect that the Philadelphia manufacturers have every
thing their own way, and that the disposition to crowd the workmen
has not been wholly eradicated, it was admitted that this was a matter
that had given the manufacturers’ association a great deal of serious
concern. They feel proud of the record of the joint board and point
with much 'satisfaction to the many instances wherein both sides have
been able to come together and discuss without prejudice the various
matters which have been presented for consideration, and they emphat
ically deny that any man has ever been discharged for submitting a
grievance and appearing before the board in his own behalf. They
know that the existence of the board and its power to do good depends
altogether upon the sincerity and integrity of those who subscribe to
its rules, and while they are not at all times able to control the actions
of all parties, still, whenever the occasion demands it, gross violations
are dealt with summarily.
In speaking with one of the manufacturers on this point he stated
that from the beginning they realized the importance of dealing honor
ably and leaving nothing open to suspicion or doubt, and it was to pro
vide for this that rule 14 was adopted. By referring to this rule it
will be seen that the minutes of each meeting of the board must be
printed and posted in each factory. This gives all the employees an
opportunity to keep informed upon the work of the board.
The employees who were interviewed stated that, while there might
oe some defects in the system, it had nevertheless given better satisfac
tion than the former methods. They asserted that it had prevented
serious trouble, and had been the means of bringing the manufacturers
and workmen nearer together. As regards the effect upon wages, they
admitted that the tendency has been downward, but this, they said, is a
matter they can not always control and applies with equal force to
other industries. With respect to the rumor that the system was one
sided and that the workmen were afraid to push their grievances, it
was admitted that such was formerly the case, and doubtless existed in
certain factories at the present time. They contended, however, that
whatever fault there is in this respect is due more to the workmen
themselves than to the manufacturers. They also asserted that if it
were not for the opportunity that their joint organization affords for dis
cussing trade conditions, and the manifest fairness of the manufacturers
who are on the board, the conditions of employment would be far worse
24
BULLETIN OF THE DEPARTMENT OF LABOR.
and the wages of the employees greatly inferior to what they are at
the present day. And, furthermore, that wherever reductions had
occurred, they were, in most cases, assented to by the workmen them
selves, and that it has been no part of the business of the joint board
of arbitration to reduce wages.
THE AGENT METHOD.
After the dissolution of the Crispin organization in Lynn in 1878,
some of the workmen began to consider the defective features which
had been brought out under its workings. They saw clearly that with
the great improvements in machinery and the consequent subdivision
of labor it would be useless to attempt to organize the entire craft
upon a basis that would be acceptable to all.
In keeping with this idea a small number of workmen in the lasting
department got together and on December 27,1879, organized what
has since been known as the Lasters’ Protective Union. From the
beginning the larger firms were averse to dealing with the new union,
and it was not until several of their number had found it necessary to
arrange price lists upon a union basis that the others gradually fell
into line. In two years’ time friendly relations prevailed on all sides
and have, to a very large extent, been maintained up to the present
time.
The most commendable and progressive step taken by this union
was the appointment of one of their number to represent them in all
matters of importance with the manufacturers. This was a decided
departure from former methods and, as subsequent events have shown,
proved to be one o f the greatest benefits that has ever been bestowed
upon the workmen. Generally speaking, in the selection of a man to
fill this important position due care is always had to the character and
ability of the candidate. He must be beyond reproach and worthy of
the respect and confidence of the manufacturers and workmen alike.
Furthermore, he must be a practical workman and possess a thorough
knowledge o f the part that he represents. His entire time is devoted
to the duties of his office and he is paid a regular salary for his services.
The ordinary duties of an agent are very plain. He must, as far as
possible, keep himself fully informed on all matters pertaining to the
industry, note all changes in styles, methods, etc., and be ready at any
time to inform the workmen or union upon the same.
In most cases the agent is subject to the orders of an executive com
mittee. When the workmen have a grievance which they can not settle
themselves or the manufacturers desire to make a change in price
or method, the agent is called in and after ascertaining the facts, if the
grievance or change is one which requires the consideration or sanction
of the executive committee, he reports the matter to that body, and
whatever action they take is communicated to the parties at interest
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
25
at the earliest opportunity; but, if the matter is such that it does not
need to be reported to the executive committee, the agent usually has
power to adjust it. On the other hand, if it should happen to be a
case in regard to which the ideas of the manufacturer and the execu
tive committee conflict, then it becomes the duty of the agent to step
in and by conciliatory pleading with both sides endeavor to effect an
amicable settlement.
The warmest advocates of the agent method do not claim that it is
perfect, nor do they claim that it prevents strikes in every case, but
they are firmly convinced, and the facts go to show, that it has removed
many of the obstacles which have heretofore barred the way to an intel
ligent consideration of trade matters and which have tended to engender
bitter feelings between the manufacturers and workmen. They believe,
also, that with certain liberal changes, such as the granting of more
discretionary power to the agents, it will answer every legitimate pur
pose. On the other hand, the opponents of this method are, as a rule,
men who have had some unpleasant experience with the agents and
labor unions in the past. They prefer to deal directly with the work
men and feel that that is the only proper way to conduct their business.
There can be no doubt that most of this class of employers are hon
orable men and mean to deal equitably with their workmen, nor can it
be denied that some of them have good cause for not wanting to resort
to any other system. But, after all has been said, it is quite clear that
under present industrial conditions the successful operation of the direct
method and the benefits accruing to the workmen therefrom depend
altogether upon the integrity and good will of the employer. In the
hands of unscrupulous employers direct dealings usually result disas
trously to the workmen.
After the disbanding of the joint board in 1885, the local assemblies
of the Knights of Labor appointed agents to look after their interests,
and the work of regulating prices was commenced in earnest. They
had proceeded but a short time when a controversy arose in one of the
large factories over the discharge of several workmen who had taken a
prominent part in the proceedings of the joint board. The manufac
turer refused to reinstate the men or to have any dealings with the
agents who represented them. After several ineffectual attempts to
settle the matter, it was finally decided to appeal to the State Board of
Arbitration and Conciliation, which had been recently organized. On
December 17,1886, both sides joined in an application to the board,
and, besides the matter of discharging the workmen, the general ques
tion of wages was also submitted, with the understanding that the
prices recommended by the board would apply to every factory in the
city for work o f a similar grade. This plan suited the manufacturers,
as it gave them an opportunity to complete a part of the work of the
joint board, which had been abruptly cut short a few months previous
by the district assembly. The board immediately went to work upon
26
BULLETIN OF THE DEPARTMENT OF LABOR.
the ease and in the course of a few weeks rendered their decision.
They recommended that the workmen should be reinstated, and on the
matter of prices they reported a list which was accepted by all parties
and the work of readjusting the prices in the other factories to which
it applied devolved upon the different agents.
The following year the agent of the Upper Stitchers’ Union and one
of the largest stitching contractors in the city joined in an application
to the State board asking them to grade the work and fix a standard
list o f prices for each grade. The board took the matter in hand, and
after a protracted investigation rendered their decision. This decision
practically established the price for upper stitching throughout the
city, and for a long time afterward the agent o f the union was kept
busy arranging matters so as to conform with it.
In this manner the agent method has grown upon the manufacturers,
and it is now looked upon as a permanent institution.
As regards the workings of this method, both the manufacturers and
workmen agree in saying that, giving due consideration to the condi
tions which have always existed in the shoe industry, and accepting
the fact that labor unions will doubtless continue to exist, it is a decided
improvement over preceding methods 5 that, while it does not in every
instance accomplish all that is desired, it has, nevertheless, promoted
a friendly feeling on all sides and has enabled them to settle many
grievances which might have resulted in serious trouble; and that, by
having an opportunity to meet with a man who thoroughly understands
the details o f the part which he represents, the work of arranging
wage lists and settling grievances has been reduced to a minimum;
and further, that since the introduction o f the method wages have
been regulated with better effect, consequently there has been more
uniformity in the labor cost of the product.
In Brockton the agent method was instituted by the Lasters’ Union
at the time of the lockout in 1885. After the joint board o f arbitration
which was organized at that time had ceased to exist, the affairs of the
lasters were looked after by their agent, and this course has been pur
sued up to the present time.
In the meantime the employees in the other departments have ap
pointed agents to transact their business so that now the agent method
is recognized generally throughout the city. In its practical operations
it appears to have met with the same degree o f success that has been
attained in Lynn. The ideas and statements o f the employers and
employees seem to harmonize on all the important features, and, with
perhaps one or two exceptions, it can safely be said that it has worked
beneficially to both sides. It has kept them nearer together, and
according to their own admissions has prevented many serious out
breaks.
In Haverhill the agent method has been in force for a number of
years with various degrees of success. A t the present time quite a
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
27
number of the manufacturers deal with the agents of the unions and
they express themselves as perfectly satisfied with the results, some of
them going so far as to say that they would rather deal with the agents
than with the workmen. Several instances were given wherein they
received more consideration at the hands of the agents than the work
men were willing to concede. This, they say, was owing to the fact that
the agents’ knowledge of methods and conditions was superior to that
of the workmen 5 consequently they were able to act more intelligently
when dealing with the manufacturers.
The agent method was instituted in Marlboro by the Knights of
Labor assemblies in January, 1886, and the following year the Lasters’
Protective Union adopted a similar course.
Prior to that time such differences as arose between the manufac
turers and workmen were settled either by the parties directly inter
ested, or through the agency of special committees that were appointed
for the purpose.
When it is understood that the people of this thriving little city have
always been dependent upon the prosperity of the boot and shoe indus
try, the importance of having some kind of a system that will promote
harmony and help to perpetuate kindly feelings between the employers
and employees will be more readily appreciated.
Prom the beginning of their organization, in 1884, the shoe workers
of Marlboro have always been known as the best organized body in the
entire industry, and, notwithstanding the fact that every factory in
the city has been practically under their control during all this time,
they have always been disposed to conduct their business in a peace
able manner. They were among the first to enter into agreements with
the manufacturers to refer their disputes to arbitration, and, with some
slight modification, they adhere to these agreements at the present
time. Since 1888 one of the firms has had a written agreement with the
lasters to refer all matters which they can not agree upon to the State
Board of Arbitration and Conciliation. The same firm entered into a
similar agreement with all the other departments in October, 1890,
but owing to a disagreement over the questions which were to be sub
mitted under it, the agreement was canceled in July, 1892. While the
other firms have never had any written agreement upon the matter,
they have always adopted a similar policy. During the last eight
years there have been 11 cases referred to the State Board of Arbitra
tion and Conciliation, and the decisions have always been accepted
and lived up to by both sides.
The last case which was submitted to the State board furnishes a very
good illustration o f the difficulties that are frequently met with in
adjusting labor disputes in this industry. This case was the outcome
of a strong desire on the part o f the manufacturers to obtain a general
reduction in the labor cost o f their product.
For a year or more they had been complaining of their inability to
28
BULLETIN OF THE DEPARTMENT OF LABOR.
pay the prevailing rate of wages and compete with the country fac
tories in Maine and New Hampshire, as well as other places in Massa
chusetts where the labor cost was considerably less than in Marlboro,
and they all predicted that if the employees did not make some con
cession the business of the city would suffer irreparable loss.
The agitation dragged along until early in the fall of 1895, and by
this time the entire community had become deeply interested in the
result. It was generally understood that the manufacturers were
determined to force an issue of some kind, but the exact course that
they would pursue was a matter of doubt. Neither side wanted to
engage in a conflict that would result in closing the factories, nor did
they wish to perpetuate conditions which would tend to drive any por
tion of the business from the city. The local merchants took an inter
est in the matter and endeavored to bring the representatives of the
labor organizations and the manufacturers together with a view to
arranging a satisfactory settlement, but they did not meet with much
encouragement.
In behalf o f the employees, the agents informed them that they were
ready and willing at all times to leave the question of wages to the
State Board of Arbitration and Conciliation. This proposition was
looked upon as perfectly fair and legitimate by the average citizen,
but it did not meet with the approval of the manufacturers. They
claimed that the nature of the situation was such that the State board
could not act in reference to some of the differences that existed $ that
their principal competitors were either located outside of the State or
running nonunion factories within the State. In the former instance,
the experts o f the board were not allowed to go outside the State in
their official capacity to obtain information on prices and methods, and,
as regards the nonunion factories, it was claimed that the proprietors
would not allow the experts to obtain a schedule of the prices that
they paid. Under such circumstances they declared that it would be
impossible for the board to act intelligently upon the matter.
On November 15, 1895, the manufacturers effected a permanent
organization, and, after carefully considering the gravity of the situa
tion, they decided that immediate steps should be taken to remedy the
differences existing between the operatives and themselves. A com
mittee was appointed to confer with the representatives of the labor
organizations to see if some means could not be adopted whereby all
questions in dispute might be amicably adjusted. During the confer
ences that were held the manufacturers submitted a price list that they
had arranged, but, as it called for a general reduction, the representa
tives of the operatives would not agree to it. The manufacturers now
realized that it would be useless to make any further attempt to settle
with the operatives, and, not being disposed to take the matter into
their own hands, they finally agreed to resort to the usual course, and
the whole question was referred to the State Board of Arbitration and
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
29
Conciliation. After hearing the testimony of both sides the board took
the case in hand and, aided by expert assistants, they rendered a final
decision June 22, 1896.
In speaking of the operation of this method, the manufacturers stated
that, with one or two exceptions, it had been quite satisfactory. They
are averse to labor troubles of any kind, and are disposed to go to the
extreme limits of forbearance rather than become involved in a strike
or lockout. In referring to the agent method generally, they state that
while it is preferable to preceding methods, there is still need for
improvement. As it is at present, they claim that the agents do not
have sufficient authority, consequently there are many minor matters
which ought to be settled at once that are sometimes put off for several
days before they are finally adjusted. This is a source of great annoy
ance at times, and they express the hope that the labor unions will
see the necessity of granting more discretionary power to the agents,
and that the latter will not hesitate to use it.
Another fault they find is that the employees as a whole do not seem
disposed to consider the great disadvantage that the manufacturers are
working under in their efforts to provide employment and sell their
goods at a profit. They state that the entire product of the city comes
in direct competition with the product of the low-wage centers of Maine
and -New Hampshire; also, the nonunion factories of Massachusetts
and New York. Several instances were cited where the labor cost was
from 3 to 6 cents per pair less than in Marlboro on a similar grade of
goods. This, they say, is more than they are able to realize on any
part of their product; that for many years past they have been obliged
to manufacture thousands of dollars’ worth of goods at cost in order
to hold their trade, and they feel that they are very fortunate indeed
when they are able to realize 2 or 3 cents per pair profit. In this con
nection, a representative of*the largest firm in the city stated that they
were willing to pay more for their labor than their competitors in the
country factories, but the percentage of difference should be less than
it is at the present time. He further stated that the manufacturers
always endeavored to act honorably with the employees, and they had
done everything in their power to avoid trouble. When it was first pro
posed to refer their disputes to the State Board of Arbitration and
Conciliation, they were perfectly satisfied to adopt that course, as they
felt that a comparison of the wages paid by their competitors would
result in some benefit to themselves; but, owing to the difficulties which
confront the board in this respect, they are now convinced that they
can not hope for the required relief from that source, consequently they
feel greatly embarrassed over the matter, and some of them are seri
ously contemplating a change of policy.
The representatives of the labor unions state that the success of the
shoe workers of Marlboro during the past ten years can be attributed
to two things. First, to the fact that it has always been the policy of
6395—No. 8----- 3
30
BULLETIN OP THE DEPARTMENT OP LABOR.
tlie unions not to be too aggressive ancl to favor peaceable methods, and,
secondly, to the fact that, as a rule, the manufacturers have been fair
and honorable in their dealings with the operatives. They have the
utmost confidence in the agent method and appear to be thoroughly
convinced that it is the most practicable method that can be employed
with any hope o f obtaining a just consideration of the rights of the
operatives. They speak very highly of the manufacturers, and state
that they have always lived up to their agreements and treated the
employees with more consideration than is usually accorded to the
operatives in other localities.
In referring to the desire of the manufacturers to reduce the labor
cost o f their goods, they stated that when the matter was first agitated
the employees did not take very kindly to the proposition, but as the
manufacturers were determined to effect a change, the unions could
see no other way out of the difficulty than to refer the whole question
to the State board, and they felt that this was as far as they could be
expected to go in the matter. By the decision in this case the manu
facturers were granted a reduction ranging from £ to 1 cent per pair
in the labor cost o f their product.
In three other places in Massachusetts, namely, Hudson, Bockland,
and South Framingham, several factories were visited where the agent
method has been in operation for a number o f years with very good
results. The employers and employees get along harmoniously and
they have little difficulty in settling whatever differences arise.
SHOP COMMITTEE METHOD.
Besides the joint board and agent methods there are a number of
places where the manufacturers deal with the employees through a com
mittee. This method is known in the industry as the shop commit
tee method. There are no regular rules to govern the proceedings of
these committees, and the manner of procedure is very simple. About
the only time that the services of a committee are required is when
there is a rearrangement of prices, and this seldom happens more than
twice a year. On such occasions the employees appoint a committee
with full power to adjust the matter with the employer. Whenever
any grievances arise they are usually settled by the parties interested
and the employer; and in all cases it is understood that any matter in
regard to which they can not agree shall be referred to a disinterested
third party for a final decision.
A s regards the workings of this method, it is safe to say that wherever
it has been adopted it has given general satisfaction. It has been in
force in two large factories in Brockton since 1885, and the employers
and employees appear to be very well satisfied with the results.
In both factories a large number o f the employees are members of
the local labor unions, and at the last readjustment of prices in the
lasting department the price lists that were agreed upon by the shop
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
31
committees and the manufacturers were afterwards sanctioned by the
union.
Besides Brockton, the shop committee method is in operation in W hit
man, Rockland, Stoughton, North Abington, Hudson, and South Brain
tree, Mass., also in two establishments in New York City. In each
place the employers and employees manifest the utmost satisfaction
with the results thus far attained.
SHOP UNION METHOD.
This method has been in operation in one of the largest factories in
Lynn since February, 1892, and applies to every department except
the lasting. In this department the firm deals with the agent o f the
lasters7 union. The shop union is incorporated, and membership is
optional with the employees. The dues are 10 cents per week. When
busy the firm gives employment to 300 people, and one-half of this
number are members of the shop union.
A perusal of the constitution and by-laws shows that, while they
contain all the essential features of a fraternal benefit association, there
is almost an entire absence of such provisions as are usually found in
the constitution and by-laws of a labor union. The object of the union
is stated to be for the promotion of fraternal relations and the payment
of sick benefits to the members. In case of disability from any cause
the members are allowed $8 per week for the period of five weeks, with
the proviso that no member shall receive more than ten weeks’ benefits
in any one year, except by special order of the board o f directors.
Since the union was organized $3,500 have been paid out in benefits;
medical attendance is also provided free o f charge to the members.
The board o f directors is selected from the different departments in the
factory and has full charge of the affairs of the union. The following
clause in the by-laws gives the directors all necessary power for settling
whatever grievances arise:
Tlie hoard of directors, as a whole, shall he a grievance committee to whom mem
bers may appeal at any time i f they feel they have cause for complaint or matter
for adjustment.
This is the only provision in the constitution stod by-laws of the union
from which it can be inferred that it possesses any of the functions of
a labor union. It is evident, however, from the course of procedure
that this simple provision answers all ordinary purposes. The course
of procedure is as follows: When any member has a grievance the mat
ter is reported to the director who is employed in the department where
it arises; this director calls a meeting of the board and the party hav
ing the grievance is notified to appear before them and present his ease.
After a thorough discussion, if the grievance is considered to be well
founded, the directors wait upon the firm and endeavor to effect a sat
isfactory settlement. While there is no written agreement governing
the conduct of the parties in this respect, it is further understood that
32
BULLETIN OP THE DEPARTMENT OP LABOR.
any question in regard to which the directors and the firm are unable
to agree shall be left to the decision of a disinterested third party.
As regards the workings of this method the employer was enthusi
astic in his praise of the manner in which the union has been con
ducted, and he feels convinced that it will answer every legitimate
purpose. He stated that he had no antipathy toward regular labor
organizations so long as they were not too unreasonable in their
demands, and that the shop union, which had its origin in a labor
trouble some years since, would never have been thought of had it not
been for the manifest lack of wisdom on the part of some of the local
labor leaders.
A number of the employees who were interviewed stated that they had
no occasion to find fault with the way they were treated; they received
the standard rates of wages, and the conditions of employment were
as favorable as in any other factory in the city; and that, as far as the
union was concerned, they had absolute control over it, and that their
employer never attempted to influence them in any particular. They
further stated that the beneficial features of the union had done much
toward creating a fraternal feeling among the employees, and had
proved to be a source of great benefit to some of the workmen who
had been incapacitated by sickness, one case being cited where one of
the workmen received $120 in one year from the sick fund, and at his
death his widow received $125 additional in contributions from the
employees.
This firm has always been ranked among the best class of employers
in the city, giving employment to a large number of people, and paying
out in wages in the neighborhood of $150,000 per annum. During the
few years that the method has been in operation there have been no
labor troubles in the factory, and at the present time there is a general
feeling of contentment on all sides.
This method was in operation in another factory in the city for several
years, but owing to the action of the firm in discharging their union
lasters and declaring that they would never have any more dealings
with labor organizations almost all of the other employees, including
those who belonged to the shop union, “ struck” in sympathy with the
lasters, and this practically disrupted the shop union. Membership in
this union was restricted to those who were not connected with any
other labor union.
AGREEMENT
TO ARBITRATE A PREREQUISITE
EMPLOYMENT.
TO
This is one o f the most commendable methods that there is to be
found in any industry. It has been in operation in one of the largest
factories in Brockton during the last eight years and has proved emi
nently satisfactory to all concerned.
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
33
The method itself is very simple and consists merely of a written
agreement to refer all matters in dispute to the State Board of Arbitra
tion and Conciliation.
The following is a copy of the agreement:
B rockton , M ass ., January 1, 1896.
As I am a firm believer in the principle of arbitration, I propose to inaugurate
that principle in my business.
Now, therefore, I, John Smith, a shoe manufacturer in the city of Brockton, Mass.,
of the first part, and we, the undersigned employees of said Smith, shoe manufac
turer of Brockton, o f the second part, hereby mutually agree that whenever hereafter
any grievance, controversy, or difference shall arise between said party o f the first
part and the undersigned employees of the second part, we will mutually submit
the subject-matter of such controversy or difference to the State Board o f Arbitra
tion and Conciliation in the manner provided by our statutes, and that pending the
decision of said board the work and labor in the factory of said Smith shall suffer
no interruption, and that we will respectively abide by the decision of said arbi
tration*
J ohn Sm ith ,
Manufacturer.
W m . J ones ,
Ch as . B r o w n ,
Employees.
This agreement is signed by every employee in the factory, but it
does not debar them from belonging to or participating in labor organ
izations. In fact, a similar agreement has been in force with the
Lasters7 Protective Union since December 10,1888. In this case the
employer agrees to deal with the agent of the union instead of each
laster individually.
During the time that the agreement has been in force, two cases have
been referred to the State board, and both of them were decided in
favor of the employees. Notwithstanding this the employer stated tha£
he was a firm believer in the principle of arbitration and stood ready
at any time to submit any grievance that could not be settled between
his employees and himself to the State board. He further stated that,
as far as he could ascertain, his employees were satisfied with the
method, and what he considered to be the greatest proof of its success
was the fact that they had always lived up to the agreement.
The testimony o f the employees shows very clearly that this manu
facturer is one of the most honorable employers in the city. He has
always taken a lively interest in the welfare of his workmen, and has
doubtless done more than any other employer in the entire industry to
demonstrate that when both sides manifest a disposition to be fair and
honest in their dealings harmonious relations can be maintained, and
that when prompted by the desire to obtain nothing but what is equita
ble and just they can well afford to submit their respective claims to the
calm consideration and unbiased judgment of a properly qualified board
o f arbitration.
34
BULLETIN OF THE DEPARTMENT OF LABOR.
COKCLTJSKW.
In the foregoing pages the workings of the different methods have
been dwelt upon in as brief a space as possible. While the importance
of the subject might justify a more thorough discussion of some of the
important features, it would hardly be possible in a report of this kind
to give more than passing notice to many of the events which have
marked the adoption and progress o f peaceable methods in this industry.
Commencing with the establishment of the first board of arbitration,
in July, 1870, we have been able to note the various steps that have
been taken up to the present time. On the part of the employees, we
have seen how the arbitrary methods of the Crispin organization,
together with the duplicity of some of its members, eventually led
to its total extinction; and that, while the organization itself passed
away, the principle of combining for mutual protection had become too
firmly inculcated in the minds of the intelligent and progressive portion
of the craft to be allowed to go by default. It survived, and when the
workmen came together again the lines were more clearly defined.
With each branch looking after its own interests, we have noted the
change from the slow and unsatisfactory committee method to the more
progressive and business-like agent system, and, despite the opposition,
it has become an established fact.
On the part o f the manufacturers we have seen that from the begin
ning they were not slow to resist the aggression o f the operatives;
that in most cases there was a natural aversion to risking the outcome
of an industrial struggle, and that, while some o f their number resorted
to dishonorable methods, there were those who at all times earnestly
advocated conservative action. W e have seen that in every instance
%here the employers and employees have had recourse to these methods,
and that so long as they lived up to their agreements, their relations
have been eminently harmonious and satisfactory.
W e have seen, also, that wherever there has been a disposition to be
arbitrary or unreasonable, when either side ignored the rights of the
other, there has always been more or less friction, and in some cases
this has led to open warfare.
Doubtless the reader may have noticed that considerable space has
been devoted to the part taken by labor organizations in this connec
tion. The reason for this is quite plain when it is understood that the
history of peaceable methods in this industry is so closely allied with
that of labor organizations that they are practically inseparable. In
deed, during the last ten years the efforts to establish and maintain
these methods have come mainly from the employees.
During the course of the investigation 85 establishments in all
were visited where the employers and employees have established
methods for settling their differences. In the busy season these estab
lishments give employment to 25,000 people, and during the last year
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
35
tliey paid out in wages over $10,000,000. In every section it was found
that the introduction of improved machinery, new styles, change of
method, and, in places where cheap and medium grade goods are pro
duced, the competition of country factories constituted the greatest cause
of controversy between the employers and employees. It was found,
also, that, as a rule, the demand for wage reductions and the opposition
to present methods are mostly confined to the manufacturers of cheap
and medium grade goods.
The reason for this is obvious. Since the establishment of country
factories and the entry of convict-made goods into the market the manu
facturers in the high-wage centers have been compelled to meet the
competition from those quarters. Thus far they have been able to do
this by scaling down their profits and the labor cost and at the same
time producing a finer finished product. It happens, however, that no
matter how low they cut the price of their goods the country manufac
turer and the prison contractor have always stood ready to go still
lower. The consequence of such a condition of affairs is, that many
manufacturers have accepted the situation and transferred their busi
ness, either in whole or in part, to the country towns, where rent and
labor are cheap, while those who still remain in the high-wage centers
are being gradually forced to give up the manufacture of cheaper grade
shoes. It is because of a natural disinclination to abandon this portion
o f their business that these manufacturers are constantly demanding a
reduction in the labor cost, and they do not take very kindly to any
method which tends to retard their efforts in that direction.
While a comparison of the different methods may not be altogether
possible in every instance, there are, nevertheless, some important
features that should not be passed unnoticed. Taking the joint-board
method as it exists in Philadelphia, it has every appearance of success.
The employers and employees appear to be satisfied with the results
which have been attained, and they evidently feel that they have the
best system that can be devised. As regards the board itself, this
can not be denied, for its record shows that the employees have fared
fully as well as could be expected. But, while all this may be true, it
is quite clear that the rules regulating the settlement of grievances
preliminary to submitting them to the board admit of certain abuses,
and it is also clear that some of the manufacturers have taken advan
tage of the opportunity that these rules afford when arranging matters
with their employees. The effect of this kind of procedure is felt
directly by the employees, and must eventually have some influence
upon the actions of the other manufacturers.
It is only when the employers and employees are thoroughly organ
ized that the best results of arbitration can be reached, provided, of
course, that both sides are governed by sufficiently liberal views. In
this instance the employers are well organized, and the employees are
supposed to be, but, from the admissions of some of them, it is evident
36
BULLETIN OF THE DEPARTMENT OF LABOR.
that they retain their membership in the employees’ organization merely
to hold their positions in the factories, and they have but little faith in
the liberality of some of the manufacturers. They feel, however, that
through the influence of the joint board, and the efforts of some of the
more liberal manufacturers, they will be able to remedy this unpleasant
feature.
Attention has already been called to the agent method, and there is
little more to add in this connection, further than to emphasize the fact
that in some localities there is great need for bestowing more discre
tionary power upon the agents. A s it is at present, they are oftentimes
obliged to postpone the settlement of trifling matters, and this is not
at all satisfactory to the manufacturers. Among those who are con
versant with the facts, it is admitted that such a condition of affairs
does not tend to promote the best of feeling between the employers
and employees, and it is confidently expected that more liberality will
be shown in this direction.
As regards the shop committee methods, they are in operation either
in factories where the manufacturers have had trouble with labor
unions or in places where the employees are not sufficiently numerous
to support an agent. While the course of procedure is somewhat
different in each place, they seem to have answered every purpose and
have proven entirely satisfactory to the employers and employees.
The greatest obstacle in the way of maintaining a joint board of
arbitration in this industry is the suspicion and jealousy that exist
among the manufacturers. While there are in all shoe factories certain
operations that admit of but slight variation, it is quite possible that
the working conditions may vary to a considerable degree.
For example: In factory No. 1 the work comes in large lots. The
system is so arranged that the workmen do not have to wait for their
work—and this is very important among pieceworkers—the firm does
not require more than ordinary results, a “ passing jo b ” will suffice, the
stock is good, and can be worked up easily, etc., while in factory No. 2,
where the same quality of shoes is made, the reverse o f all or a greater
part of the above conditions is very apt to be found. Now, in such a
case, and it is not an uncommon one, it can readily be seen that the
workmen in factory No. 1 are in a position to earn more than their
fellow-craftsmen in factory No. 2. It is the consideration of such things
as these that has always been a source of great annoyance when
arranging a wage list which would be satisfactory to both sides, and
wherever the attempt has been made the suspicion and jealousy which
have always been dominant among the manufacturers have come to the
surface and prevented anything like a fair comparison of methods and
conditions.
There are many considerations which govern the manufacturers in
such cases. Manufacturer A does not care to have manufacturers B,
0 , and D go through his factory on a tour of inspection, nor does he
want to have his methods and trade secrets laid bare to the scrutinizing
ARBITRATION IN THE BOOT AND SHOE INDUSTRY.
37
gaze of men who are likely to be his competitors in the market. Yet
this is just what must be done by a committee or board of arbitration
if they wish to act intelligently in arranging a wage list that will be
just and equitable to all concerned. This is the usual course of procedure in such cases, and it has always resulted in the final dissolution
of the local boards.
There is, however, a way by which this difficulty can be overcome,
and herein lies the great advantage that the agent system, as exempli
fied by some of the labor unions, has over the old special committee
system. I f the manufacturers are honest and sincere in their declara
tions, if they desire to establish a system that will enable them to have
an equal voice in the settlement of all matters in which they are equally
interested with their employees, and at the same time render strikes
and lockouts unnecessary, they should organize an association for their
own protection and appoint a committee of conciliation and arbitration
to act in conjunction with a like committee from the labor union. NTot
stopping here, they should take an advanced step and appoint a per
manent agent with full power to visit all factories and inform himself
upon all matters pertaining to the industry. Then when their joint
board meets for the purpose of arranging wage lists or any other mat
ter that properly comes before the members, they will be in a position
to act intelligently. Their agent will be their expert and counsellor, he
will be armed and equipped like the agent of the labor union and both
sides will be upon equal footing in the submission and conduct of the
case at hand.
With such a system in force, supported by men who desire nothing
but what they are j ustly entitled to, men who are broad enough to
throw aside their suspicion and jealousy and meet their employees or
their representatives upon a common level and discuss and adjust their
differences upon a fair and honorable basis, there will be less friction
between these two great factors, and they will have little difficulty in
arriving at a settlement which will be satisfactory to all.
Whatever opinion may be entertained as to the wisdom and feasi
bility of these methods, it is a radical error to regard them as worthless.
They have been an invaluable aid to the employers and employees and
have made it possible for them to come together and arrange the con
ditions which govern their relations upon a more humane and equitable
basis. It is not claimed that they are perfect, nor can it be said that
they accomplish all that is desired, and the reason for this is at once
apparent if we but bear in mind that they were devised and are admin
istered by men who are very human and not altogether unselfish. It
would be strange indeed if, under such circumstances, we could record
the fact that they had reached the acme of perfection.
There are yet some obstacles which must be overcome, and it is to be
hoped that the employers and employees will bend their energies in
this direction.
Throughout the entire investigation it was found that with very few
38
BULLETIN OF THE DEPARTMENT OF LABOR.
exceptions the employers and employees and the representatives of
labor organizations were heartily in favor o f settling their disputes
through the medium o f arbitration. Experience has taught them that
under present industrial conditions strikes and lockouts are very apt to
result disastrously to both sides, and they have no desire to engage in
them. When it is understood that it was only a few years ago that
the sentiment in favor o f arbitration was confined to a few localities, the
significance o f this change will be more readily appreciated. It is the
best evidence in the world that the employers and employees in this
industry have profited by their experience, and have com 8 to recognize
that each side has certain rights which must be respected, and that
so long as they are guided by reason and have respect for the rights
of each other they need have no fear but that harmony will prevail,
that wages and conditions o f employment will be more satisfactory,
that there will be no necessity for strikes or lockouts, and that greater
prosperity and peace of mind will result to all.
RAILWAY RELIEF DEPARTMENTS.
B Y EM ORY R . JOHNSON, PH .D. (a )
A railway relief department is a special part of tlie railway service
established by the railway corporation for the purpose of enabling its
employees to contribute definitely fixed sums from their monthly wages
toward a fund administered by the department for the benefit of its
members. The organization is managed conjointly by the corporation
and the employees. Membership is sometimes voluntary and some
times compulsory. The members receive aid in case o f sickness or
accident, and at their death their families or other beneficiaries are
paid definite amounts, the benefits derived from membership being
proportioned to payments.
Railway relief departments are to be distinguished from the other
and less comprehensive arrangements by means of which several
railway companies unite with their employees in furnishing temporary
relief. Hospitals are frequently maintained by the companies for their
employees, the companies in some instances paying all the hospital ex
penses, and in other cases requiring the men employed to contribute a
part of the cost of maintenance. Many railway companies provide their
force with free surgical attendance outside of hospitals, and others con
tribute something to associations formed by the employees to provide
themselves with relief. It is customary for railway managers, when pos
sible, to provide partially disabled men, or those grown old in the
service, with the kind of labor they are capable of performing. The
railway companies having relief departments provide more systematic
and comprehensive relief, covering sickness, accident, old ago, and
death.
Relief departments are one of the three agencies by means of which
railway employees can secure relief and insurance. ( b) The other agen
cies are (1 ) the accident and life insurance companies and (2) the asso
ciations or brotherhoods, of which there are several of national scope,
each open to a particular class of railroad workmen. Some railway
companies recommend their employees to insure in an accident or life
insurance company with which a special arrangement has been made.
A t present, however, relief and insurance is most frequently obtained
through membership in an employees* association or order.
a Assistant Professor o f Transportation and Commerce, University o f Pennsylvania.
M n this paper the provisions o f the relief departments for the payments o f death
benefits have been designated as t(insurance.” Railroads, however, have no author
ity to transact an insurance business. The department that pays the death benefits
has the nature o f a trust and is not an insurance organization in the ordinary accept
ance o f that term.
39
40
BULLETIN OF THE DEPARTMENT OF LABOR.
These orders are of two kinds, the less important class consisting of
the employees o f a single railroad. More frequently the associations
are of the type of the International Brotherhood of Locomotive Engi
neers or the Order of Railway Conductors of America, eligibility to
membership in which depends upon the class of work done and not
upon connection with the service of a particular railroad company.
These large and influential orders maintain relief features in which all
eligible members are required to participate. In 1895 the Grand Inter
national Brotherhood of Locomotive Engineers had 536 divisions, with
a total membership of 32,000; the Order of Railway Conductors of
America had 370 divisions, with a total membership of 19,827. In the
same year the Brotherhood o f Railroad Trainmen comprised 556 divi
sions and had 24,000 members. The Brotherhood of Locomotive Fire
men now includes 519 lodges and 22,978 members.
The kind of insurance and relief afforded by the orders of railway
employees is much the same as other labor organizations and secret
societies provide their members. The railway relief departments
under discussion in this paper are organized upon a different plan and
provide the members not only with payments on account of death but
also with assistance of definite amounts in case of sickness or accident.
The present paper must confine itself to the history of railway relief
departments, their plan of organization, and results accomplished. A
complete presentation o f the subject o f railway employees’ relief and
insurance is not attempted; chat would necessitate a study o f the plans
for relief and insurance that have been adopted by the employees’
orders, the scope of their work, the results they have accomplished,
and finally a comparison of the orders and the railway departments as
relief agencies, (a)
HISTORY OF RELIEF DEPARTMENTS.
Thus far relief departments have been established in connection
with six large railway systems, namely, Baltimore and Ohio, Pennsyl
vania Railroad, Pennsylvania Company (lines west of Pittsburg and
Erie), Chicago, Burlington and Quincy, Philadelphia and Reading, and
the Plant System.
a No official investigation of the relief and insurance work being done by the
railway companies and by the employees has been made since 1889. In 1890 appeared
the Fifth Annual Report o f the Commissioner o f Labor dealing with the general sub
ject of railroad labor. The facts regarding the relief and insurance o f railway
employees contained in that report were based upon an investigation made in 1889
by the Interstate Commerce Commission and published in the third annual report of
the Commission (pp. 102-104 and 341-390). The two reports, however, contain only
an outline o f the various plans o f assistance. There was no attempt made to classify
the data nor to give a systematic discussion o f the subject. Railway relief depart
ments have been treated in a paper by the author, published in the Annals o f the
American Academy o f Political and Social Science, November, 1895, and printed also
as a special publication (No. 162) o f the academy. No comprehensive study o f the
relief and insurance work o f railway employees’ orders has yet appeared in print.
RAILWAY RELIEF DEPARTMENTS.
41
Each of the six relief departments is administered conjointly by the
companies composing the railway system to which the department
belongs. All the companies of the Baltimore and Ohio are associated
in the relief organization of that system. The Pennsylvania Railroad’s
department comprises the Pennsylvania Railroad (lines east of Pitts
burg and Erie), Northern Central, Philadelphia, Wilmington and Bal
timore, and the West Jersey and Seashore.
The motive that impelled the employees to unite with the railway
companies in the establishment of relief departments was the desire
to secure aid in case of sickness or accident and to obtain a life
insurance that would insure their dependents against want. Railway
employees are a comparatively well-paid class of laborers, but both
their itinerant life and the intermittent character which the alternating
periods of activity and inactivity in business give to much of their
work militate against economical living and habits of saving. The
employees have adequate reasons for favoring systematic relief and
insurance agencies.
The railway companies were moved partly by philanthropic and
partly by financial motives. In the establishment of relief depart
ments, as in the case of many other measures taken by corporations,
philanthropy and economy go hand in hand. The desire on the part
of the managers and directors of many of the large railway systems
to promote the material and ethical well-being of their employees is
attested not only by the existence of relief departments, but also by
the railroad Young Men’s Christian Associations, reading rooms, libra
ries, and other well-known institutions supported in large part by the
employing corporations. Without doubt, however, the conviction that
money expended in helping maintain relief departments for the pro
motion of the material welfare of the operatives would prove a good
financial investment was the most potent of the forces that influenced
the action o f the railway companies. The directors o f some railways,
at least, became convinced that the best interests of the roads, even
when these interests were viewed strictly from a business standpoint,
required that the employed should be connected with the companies
they serve by some other bond than that created by the payment of
current wages, and the companies thus realized that their greater
good required them to identify as fully as possible their own and their
employees’ interests. Indeed, in this way only is it possible to create
such an esprit du corps as makes strikes impossible and prompts men
to give their employers the highest possible grade of service. In 1889
Mr. E. P. Ripley, when general manager of the Chicago, Burlington
and Quincy Railroad, stated that “ the object of the company in estab
lishing a relief department was to enable its employees to make
provision for themselves and families at the least possible cost to them
in the event o f sickness, accident, or death. The company has estab
lished this department not only because it has the interest of its
42
-
b u l l e t in
OF THE DEPARTMENT OF LABOR.
employees at heart, but because it believes that the department will
serve to retain and attract a good class of employees, lessen the amount
o f discontent caused by improvidence, diminish the amount of litiga
tion in cases of accident, and increase the good will of the employees
toward the company and their confidence iii the good will of the com
pany toward them.” (&)
The first relief organization of the kind under consideration in this
paper was established May 1,1880, by the Baltimore and Ohio Railroad.
The Baltimore and Ohio Employees’ Relief Association was instituted
largely through the efforts o f Dr. W . T. Barnard, of Baltimore, a man
who also took much interest in the education of railway men, and
spent several years of his life as a teacher of them. Membership
in the association was made compulsory upon every person entering
the permanent employment of the company. The organization was
chartered by the State of Maryland May 3,1882. The plan that Dr.
Barnard adopted was worked out by him after making a careful
examination o f European and Canadian railway benevolent associ
ations. Employees’ relief organizations had existed in England since
1850y and in Canada since 1873, at which latter date the Grand Trunk
Railway organized an Employees’ Accident Insurance Association. On
April 1, 1889, the State of Maryland abolished the charter of the
Baltimore and Ohio Employees’ Relief Association, but the railroad
company at once established as a regular part of its service a relief
department, which assumed the liabilities of the association. Those
employees who had claims against the association were given the choice
of having their claims paid or of becoming members of the newly
organized department, and 19,467 out o f 20,626 chose to become mem
bers of the department. A ll persons entering the permanent service
of the company after the establishment o f the relief department were
required to join the organization. This compulsory membership feature
of the Baltimore and Ohio Relief Association and its successor, the
relief department, gave rise to hostile criticism. Dr. Barnardyhowever,
believes that this was a good thing for the relief organization, because
“ it forced those, to examine its provisions that would otherwise have
passed them by with indifference.”
The advantages and disadvantages in making membership compul
sory seem to be equal at present; three of the six railway relief depart
ments make membership compulsory, and in three membership is
voluntary.
The Pennsylvania Railroad Company was the second system to form
a relief department. This was on February 15,1886, a little more than
three years before the Baltimore and Ohio’s relief work was transferred
from the Employees’ Relief Association to the department managed as a
part of the company’s service. Mr. J. A. Anderson, of Trenton^ K. J.T
was the author o f the Pennsylvania Railroad Company’s plan of relief,
a Third Annual Report of the Interstate Commerce Commission, p. 349.
RAILWAY RELIEF DEPARTMENTS.
43
aiul to him, wlio Las been superintendent of the department from tlie
beginning, is due in large measure its development and successful man
agement.
Tbe Chicago, Burlington and Quincy organized its relief department
March 15, 1889, the companies included being the Chicago, Burling
ton and Quincy (including the Burlington and Missouri), Hannibal and
St. Joseph, Kansas City, St. Joseph and Council Bluffs, St. Louis,
Keokuk and Northwestern, Chicago, Burlington and Kansas City, and
Chicago, Burlington and Northern. Mr. Anderson’s plan of organiza
tion was adopted with modifications, to which reference will be made
later.
The Philadelphia and Beading Belief Association embraces all the
Beading’s affiliated, controlled, and leased lines. It was established
October 30,1888, in Beading, Pa., at a meeting of the representatives
of the employees o f the various divisions and departments o f the sys
tem. Membership, as in the case of the Baltimore and Ohio, was made
compulsory upon those subsequently entering the service o f the com
pany, i. e., permanent employment in any branch of the railroad’s
service.
The Pennsylvania lines west of Pittsburg and Erie (now comprising
the Pittsburg, Cincinnati, Chicago and St. Louis Bailway, and the Penn
sylvania Company) established a relief department April 16,1889, fol
lowing the plan o f organization previously adopted by the Pennsylvania
Bailroad Company. The department went into operation July 1,1889.
The Plant System Belief and Hospital Department was established
July 1,1896, modeled after the relief feature of the Baltimore and Ohio’s
department. The Plant System and its employees maintained a hos
pital for fifteen years. TJp to 1895 only one hospital was maintained;
then a second one was erected. These hospitals proved so popular that
it was necessary to add two more in the spring of 1896. It was then
that Mr. Plant decided to establish a relief department, to be managed
conjointly with the four hospitals, under the name of the Belief and
Hospital Department. Membership was made voluntary for all em
ployees in the service of the company July 1, 1896, and obligatory upon
all persons entering the service or receiving promotion in the service
subsequent to that time. Ninety-five per cent of the employees have
voluntarily joined the department. The Plant System includes four
steamship lines and thirteen railway companies, owning in all 2,000
miles of railroads. The Belief and Hospital Department comprises the
employees of both the steamship and railway companies.
PLAN OP OBGANIZATION.
As has been indicated, the relief departments of the Pennsylvania
Bailroad and the Baltimore and Ohio have served as models in the
organization of the departments of the four other systems. An out
line of the plans of these two departments will present tbe essential
44
BULLETIN OF THE DEPARTMENT OF LABOR.
features o f the other four. Reference will be made to the more impor
tant variations which the plans of the other companies make from the
two organizations that have been taken for models.
In the Pennsylvania Railroad Voluntary Relief Department any
employee may become a member upon passing a satisfactory physical
examination. The funds of this department and all other relief depart
ments are derived mainly from the monthly payments of the members,
but the associated railway companies pay the expenses o f management
and administration. The railway companies aid in maintaining the
departments in four ways:
( 1 ) The department is maintained without expense to its members as
a part of the companies* service.
(2) The department has the assistance of the entire organization of
the railways to aid it in carrying on its work.
(3) The railway companies act as trustees of the funds of the depart
ment and pay interest on money held in trust.
(4) The chief aid, though not the most expensive one financially,
given by the companies consists in guaranteeing the payment of all
benefits promised by the department and in agreeing to make up any
deficiency which the funds may have at the end of each period of three
years, (a)
The minimum monthly payment of the members is 75 cents, the maxi
mum $3.75, (b) the amount being determined by the wages, the class to
which the employee belongs, and by the amount of the death benefit to
which he is entitled. The Pennsylvania Railroad Company’s depart
ment divides the employees into five classes. In the first class are those
whose monthly wages do not exceed $40; the wages of class 2 are
between $40 and $60; o f class 3, between $60 and $80; of class 4,
between $80 and $100; o f class 5, more than $100. (c) The monthly pay-'
a The Philadelphia and Reading is an exception to th is; it does not guarantee the
payment of benefits and deficiencies, but contributes regularly to the funds of its
association. It paid 10 per cent as much as the members until the comiiany and
employees together had contributed $1,000,000; since then the company’s payments
have been 5 per cent of those o f the members. Besides guaranteeing the fulfillment
o f the department’s obligations, the Baltimore and Ohio contributes $6,000 a year
toward the support of the relief feature, and $2,500 annually to pay for the physical
examination of employees. The relief department o f the Baltimore and Ohio has a
pension feature that is maintained by annual appropriations o f $50,000, o f which
about $35,000 is given by the company. The Plant System contributes about $12,000
a year, besides assuming the responsibility for the payment o f all benefits promised
by its relief and hospital department.
5 This secures an ordinary death benefit. To secure a larger death benefit a larger
monthly payment must be made. This is explained on page 47.
c These figures regarding the monthly wages are taken from paragraph 16 of the
rules now in force, but the maximum wages of the several classes are in reality $5
less. The department followed the practice o f dividing the wages classes at $35,
$55, etc., upon the authority o f a special paragraph o f the existing regulations which
provides that “ any employee becoming a member, whose pay is within $5 o f the
highest limit o f the class determined by his pay, may enter the next higher class i f
he so desires.” By the new regulations to go into effect January 1,1897, the maxi
mum wages of the five classes are lowered to $35, $55, etc. In the table on page 45
this change is shown.
45
RAILWAY RELIEF DEPARTMENTS.
ments made by the five classes are 75 cents, $1.50, $2.25, $3, and $3.75,
respectively. On the Burlington system the first class includes those
receiving $35 a month or less, and the points of division between the
five wage classes are fixed at $35, $55, $75, and $95. On the Balti
more and Ohio and the Plant System the points of division are at $35,
$50, $75, and $100. The Baltimore and Ohio and the Plant System
separate the members of the relief departments into two divisions before
dividing them into five classes. The first of the two general divisions
includes those operating the trains or rolling stock; the second general
division includes all other employees. The monthly payments required
and the death benefits paid are also larger in these two departments.
In all relief departments a member may enter a higher class than that
to which his wages entitle him, provided he is not over 45 years of age
(50 years in case of the Baltimore and Ohio and Plant System), has been
in the company’s service continuously for five years, and can pass a
satisfactory physical examination.
The members of the relief departments receive free surgical attend
ance during a disability due to an accident received while in the service
of the company and definite money benefits in case of accident,
sickness, or death. The Burlington and the Plant System give free
surgical attendance whether the accident occurs on or off duty. Any
member of the Plant System’s department is entitled to free board and
treatment in a hospital whether the disability be due to sickness or
accident. This extra privilege, however, is secured by larger pay
ments. The monthly payments are not collected from a member during
a disability entitling him to benefits; but if the incapacity be due to
sickness and lasts more than 52 weeks payments for the death benefits
must be renewed. The following tables indicate for each class of mem
bers in the departments of the Pennsylvania Railroad Company and the
Baltimore and Ohio the monthly payments and the accident, sickness,
and death benefits that may be claimed:
CONTRIBUTIONS AND BENEFITS OF MEMBERS OF THE PENNSYLVANIA RAILROAD
VOLUNTARY RELIEF DEPARTMENT.
Disablement benefits, per day. Death benefits.
Wages class.
Wages per month.
Contri
butions
per
month.
First.....................
Second..................
Third...................
Fourth................
Fifth...................
Not more than $35..........
Between $35 and $55........
Between$55 and $75........
Between $75 and$95........
More than $95 .................
$0.75
1.50
2.25
3. 00
3.75
For accident
on duty.
For sickness,
or accident
first Ordi
There off52duty,
weeks,
nary
First 52 after un except
weeks. til recov 3 days,first
(a)
ery.
$0.50
1.00
1.50
2.00
2.50
$0.25
.50
.75
1.00
1.25
$0.40
.80
1.20
1.60
2.00
$250
500
750
1,000
1, 250
Maxi
mum.
$500
1,000
1,500
2,000
2, 500
a To members who remain sick after 52 weeks the companies, at their own expense, pay half bene
fits when length of service and the necessities and worthiness of the members warrant. In no case
does such payment exceed 50 cents per day.
6395—No. 8----- i
46
BULLETIN OF THE DEPARTMENT OF LABOR.
CONTRIBUTIONS AND BENEFITS OF MEMBERS OF THE BALTIMORE AND OHIO
RELIEF DEPARTMENT.
benefits, per
Contributions Disablement
day, not including Sun
per month.
days and legal holidays.
Death benefits.
For accident For sick
Death from
on duty.
ness, first
sickness.
52
weeks,
First Second
Death
not in from
divi divi
ac
There
sion.
sion. First 26 after cluding
cident.
first 6
Ordinary. Maxi
weeks. until re working
mum.
covery. days.
Class and wages per
month.
A (not more than $35)........
B (between$35 and $50) . . . .
C (between $50 and $75)---D (between $75nnd $100)...
E (more than $100)...............
$1.00
2.00
3.00
4.00
5.00
$0.75
1.50
2.25
3.00
3.75
$0.50
1.00.
1.50
2.00
2.50
$0.25
.50
.75
1.00
1.25
$0.50
1.00
1.50
2.00
2 50
$500
1,000
1.500
2,000
2.500
$250
500
750
1,000
1,250
$1,250
1.250
1.250
1.250
1.250
A table showing corresponding data for the Plant System Belief and
Hospital Department would differ from the Baltimore and Ohio Belief
Department’s table only in figures giving monthly payments and maxi
mum death benefits. On account o f the hospital privileges the monthly
payments on the Plant System are larger, being as follows:
MONTHLY PAYMENTS OF MEMBERS OF THE PLANT SYSTEM RELIEF AND HOS
PITAL DEPARTMENT.
Division.
Class
A.
Class
B.
Class
C.
Class
D.
First.........................................................................................
Second__. . . . . . . . . . . . . . . . .... .....................
$1.25
1.00
$2.50
2.00
$3.50
2.75
$4.50
3.50
Class
E.
$5.50
4.25
The maximum death benefit on the Plant System is $3,000.
The foregoing tables indicate that the relief afforded members dis
abled by accidents received while on duty is continued as long as the
disability lasts. Members of the Beading’s department receive full
accident benefits for 52 weeks, and may obtain them at full rate or less
thereafter as the advisory committee shall determine. The depart
ments o f the Pennsylvania Bailroad, the Pennsylvania lines west o f
Pittsburg and Erie, and the Burlington pay such benefits at the full
rate for 52 weeks, and at half rate thereafter; the departments of the
other roads begin* paying at half rate after 26 weeks. The benefits
paid in cases o f sickness continue during 52 weeks. With the excep
tion o f the Philadelphia and Beading Belief Association, the assistance
given those whose sickness lasts more than a year has been paid for
by the railway companies when any has been rendered. During the
fiscal year ending December 31,1895, the companies comprised in the
Pennsylvania Bailroad Voluntary Belief Department contributed
$36,632.55 for this purpose. The Pennsylvania lines west of Pitts
burg and Erie follow the same plan as the other Pennsylvania com
panies and gave company relief to the amount of $6,691.25 during the
RAILWAY RELIEF DEPARTMENTS.
47
fiscal year ending June 30, 1896.
Tlie Baltimore and Ohio Belief
Department’s regulations provide that, if at any time the funds
appropriated by the company for the payment of superannuation annu
ities should exceed the amount required, the surplus shall be given to
those members most in need of help. The assistance of those whose
sickness lasted more than a year was contemplated in this regulation,
and several such persons have been aided thereby, but the funds
applicable have not been adequate to the relief of all deserving. The
Philadelphia and Reading Relief Association bears the expense of this
form of relief, paying the same from the surplus fund of the associa
tion. The amount thus spent during the fiscal year ending November
30, 1895, was $4,722.80. The Reading Relief Association also paid
$4,167 in accident benefits to those whose disability had lasted over a
year, giving in all for this class of sickness and accident payments
$8,889.80. The Burlington Relief Department makes no provision for
this form of relief, and no reference is made to the subject in the
printed regulations of the recently established department of the
Plant System.
Two kinds of death benefits, ordinary and maximum, are noted in
the tables. The ordinary death benefits are those to which a member
is entitled by making the prescribed payments of the wages class to
wTiieh he belongs. A member of any o f the relief departments, except
that of the Philadelphia and Reading, may increase his monthly pay
ments and thus secure larger death benefits. The members of the
Burlington’s department and the two Pennsylvania departments can
secure additional death benefits by making the following payments:
For each additional $250 of death benefit, 30 cents a month for mem
bers not over 45 years, 45 cents for those over 45 but not over 60, and
60 cents for those over 60 years of age. The maximum benefit thus
obtainable by a member of either of the Pennsylvania departments is
twice the ordinary death benefit of his wages class. The Burlington’s
department permits a maximum of four times the ordinary death
benefit of the member’s wages class. The regulations of the depart
ments of the Baltimore and Ohio and the Plant System permit members
under 50 years of age to increase their death benefits by paying 25
cents a month for each additional $250 o f insurance, the maximum set
by the Baltimore and Ohio being five times the lowest death benefit, or
$1,250, and that set by the Plant System being twelve times the lowest
death benefit, or $3,000.
In three o f the relief departments membership is entirely lost by the
employee who leaves or is dismissed from the service of the company
upon whose relief fund he had claim. The departments connected with
the Burlington, the Baltimore and Ohio, and the Plant System allow
their members to keep up the death benefit feature of their member
ship after they have resigned or have been dismissed from service.
The Burlington does not require that members shall be honorably dis*
48
BULLETIN OF THE DEPARTMENT OF LABOR.
missed, the other two companies do. The Baltimore and Ohio and the
Plant System permit members leaving the service to maintain a claim
upon their natural death benefit 5 the Burlington permits the continu
ance o f a claim upon only the minimum death benefit to which the
member had been entitled during the last year of his connection with
his employing company. All departments allow members who have
been furloughed or suspended from service, but not dismissed, to retain
their membership several months by making their monthly payments
in advance and otherwise complying with the regulations.
Each of the six relief departments refuses to pay benefits to a mem
ber whose disability is the result of grossly immoral conduct. The fol
lowing regulation of the Plant System’s department is typical: “ Bene
fits will not be paid for injury or sickness which is in any way caused
or increased, in whole or in part, by intoxication, the use of intoxicat
ing liquors, sexual immorality, breach o f the peace, or any other viola
tion of the law on the part of the member, or for death by the hand of
justice.” This regulation of the departments benefits the railway com
panies and the public by raising the standard of efficiency among the
railway employees.
The general plan of administration is the same for all the relief de
partments. The supervision of the department is vested in the super
intendent and assistant superintendent, usually chosen by the board of
directors of the railway system or by its president. The officers of the
relief department are assisted by an advisory committee, a part, usually
a half, of whose members are chosen by the employees belonging to the
relief department. An officer of the railway company is the chairman
of this advisory committee, and, in some though not all departments,
the committee’s acts, as well as those of the officers of the department,
are subject to revision by an officer of the company or a committee
of the board o f directors. The advisory committee of the Pennsylvania
Railroad Yoluntary Relief Department consists of twelve members,
six o f whom are elected by the employees “ from among themselves.”
The general manager of the Pennsylvania Railroad is chairman of the
committee and the superintendent of the relief department is the sec
retary. The superintendent is the administrator of the department,
having immediate charge of all business matters, including the employ
ment o f the necessary medical and clerical forces, his actions being
subject to the general manager’s approval.
As this paper is restricted to the work of regularly organized relief
departments, no reference is made to relief work of the railway com
panies that have not established relief departments. Several railway
companies, notably the Lehigh Valley and the Northern Pacific, levy
assessments on their employees to pay the expenses of affording assist
ance in case of accident, sickness, or the death of employees, (a)
a Consult the Third Annual Report of the Interstate Commerce Commission.
RAILWAY RELIEF DEPARTMENTS.
49
PENSION AND SUPERANNUATION FEATURE.
It has been pointed out that American railway relief departments
were adaptations of the relief agencies of foreign railways. These
foreign associations always include a pension and superannuation
feature, and, with the exception of the Burlington, each American
relief department contemplated the creation of a fund to pension aged
employees. The Burlington decided not to hold out the promise of
establishing a pension feature, but provided for somewhat more liberal
accident and sickness benefits than other companies did. It did not
believe that the department which had been established would accumu
late a large enough surplus to enable it to redeem its promises if it
established a pension feature. The Baltimore and Ohio established
a pension feature at the outset, and the other departments, the Bur
lington excepted, stipulated—to quote from the Plant System’s regu
lation—that “ any net surplus existing in the funds of the department
at the end of each year” should “ be invested for the purpose of creat
ing a pension fund to be used in providing for superannuated employees
or those permanently disabled.”
There is justice and wisdom in pensioning aged and permanently dis
abled railway employees, (a) and in including a pension feature in the
relief departments. The Baltimore and Ohio has set the other railway
systems a commendable example. With the exception of the Reading,
all the departments give definite relief beyond the first year to those
employees permanently disabled while in service; but the Baltimore
and Ohio, through its pension feature, also grants superannuation
annuities to employees who have reached the age of 65, have served
the company ten consecutive years, and have been members of the relief
department four years. The pension is paid to the employees upon
retiring from service. The total appropriation available for the main
tenance of this fund is now $50,000 a year, of which $15,000 is derived
from the interest on $375,000 of the department’s surplus; the rest is
granted by the railway company.
The amount of pension received by the superannuated member is
one-half the allowance granted to sick members. If the pensioner has
been a member o f the relief department fifteen years he gets 5 per cent
more than this amount, and if his membership has covered twenty years
he receives 10 per cent additional. The following table gives the amount
of pension received by each of the five wages classes.
a Consult the author’s paper on “ Railway Relief Departments/’ published in the
Annals of the American Academy of Political and Social Science, November, 1895,
pp. 82—88.
50
BULLETIN OP THE DEPARTMENT OF LABOR.
SUPERANNUATION BENEFITS OF MEMBERS OF THE BALTIMORE AND OHIO RELIEF
DEPARTMENT.
Daily benefit.
Class in relief feature.
A ................................................. ............................................................
B................ .................................................................................................
c .......... ......................................................................................................
D ................................................................................................................
E.................................................................................................................
Members Members Members
of 4 years of 15
of 20
or more. years.
years.
$0.25
.50
.75
1.00
1.25
$0.264
:II!
1 05
1.314
$0.27*
.55
.824
1 10
1.374
The other relief departments, with the exception of the Burlington,
are accumulating a surplus for the basis of a pension fund. A t the
close of 1895 the Pennsylvania Railroad department had a surplus of
$284,837.49. O f this sum $270,000 has been securely invested, and
the last report of the department says: “ The subject o f the utilizing
of this fund for the intended purpose has received earnest attention
during the year, and plans are now under consideration which it is
hoped may lead to the desired result.” On November 30, 1895, the
Reading department’s surplus amounted to $352,380. The surplus
that the department connected with the Pennsylvania lines in the
West has collected is small, being estimated at $24,826.15. It is to be
hoped that all relief departments will before long establish pension
features. The pensions granted might well be largei than those paid
by the Baltimore and Ohio, and a part of the expense of maintaining
the pension fund might possibly be borne by the members o f the
department.
SAYINGS FEATURE.
The relief department of the Baltimore and Ohio includes a reliet
feature, a pension feature, and a savings feature. None of the other
departments has the last feature; but the Pennsylvania Railroad Com
pany manages a savings fund for its employees. The two objects of the
Baltimore and Ohio in establishing the savings feature were to provide
tlie employees and their near relatives with a savings bank and to loan
them money with which to acquire or improve a homestead. The com
pany guarantees 4 per cent interest on deposits; but as the depositors
receive the actual earnings of the funds they have regularly obtained
5 per cent on their investments. For the fiscal years ending June 30,
1895 and 1896, they obtained 5£ per cent.
Any employee, or his wife, child, father, or mother, may deposit money
in sums o f not less than $1 nor more than $100 in one day, and “ any
adult employee o f the company who is a member of the relief feature
and has been continuously in the service not less than a year may
borrow from the funds of the savings feature sums not less than $100
at the interest rate of 6 per cent per annum.” Each borrower must
RAILWAY RELIEF DEPARTMENTS.
51
carry insurance, either in the relief feature or in a regular life insurance
company, equal to the amount loaned him. Money can be borrowed
only for buying or improving a home, or paying a mortgage on a home;
and the property, except in large cities, must be situated within a mile
of the Baltimore and Ohio lines. The money loaned is not paid directly
to the borrower, but is applied to the payment of bills approved by
him. The loans are repaid by deductions from the borrower’s monthly
wages of $1.50 for each $100 of the debt.
According to the report of the Baltimore and Ohio Belief Depart
ment for the year ending June 30,1896, the savings feature branch
owed depositors $818,048.38, the deposits during the year having been
$244,974.03. The outstanding loans amounted to $701,005.27, the loans
during the year having been $185,514.G3. From the inauguration of
the fund August 1, 1882, to June 30, 1896, the total deposits were
$2,732,904.50; the total loans, $1,888,046. With the funds thus loaned,
916 houses have been built, 870 bought, 192 improved, and 416 released
from liens.
The Pennsylvania Bailroad accepts the savings of its employees in
trust and invests the money for them, but makes no loans to its men.
The company’s last report, made December 31,1895, stated that 4,513
employees were depositors in the savings fund. A t that date the
amount of the fund was $1,578,884.37, of which $1,500,000 was securely
invested.
BESULTS ACCOMPLISHED BY B A IL W A Y BELIEF DEPABT
MEHTS.
In order to measure the results accomplished by the relief depart
ments it remains to make a statistical examination of their membership,
of the nature and extent of the assistance rendered, and of the source
of the funds from which the expenses have been drawn, and to close
with a comparative survey of the past operations of the several depart
ments. The data for this statistical presentation have been taken
mainly from the annual reports of the departments. Correspondence
with the superintendents of departments has supplied the remainder
of the necessary facts.
MEMBERSHIP.
The six railway systems with which relief departments are connected
own or operate about one-seventh of the total mileage of the United
States, and have in their service about one*fifth of the railway employees
o f the country. The following table shows the membership o f each
relief department at the close of each fiscal year since organization.
The Plant System’s department was established in 1896, hence does not
appear in the table.
52
BULLETIN OF THE DEPARTMENT OF LABOR.
MEMBERSHIP OF RAILWAY RELIEF DEPARTMENTS.
Pennsyl Pennsyl Philadel
Chicago,
vania
vania phia and Baltimore Burling
Railroad
ton and
Reading, and Ohio, Quincy,
Company, lines
west,
Novem June 30. Decem
Decem June
30. ber 30.
ber 31.
ber 31.
Year.
1886...........................................................................
1887...........................................................................
1888...........................................................................
1889...........................................................................
1890...........................................................................
1891...........................................................................
1892...........................................................................
1893.......................... ...............................................
1894...........................................................................
1895...........................................................................
19,952
18,744
19,332
21,457
24,984
27, 200
31, 640
32,827
33,405
36,432
12,168
11, 666
11, 391
12,464
11,463
13, 619
13,030
14,596
15,035
15,216
14,748
15,160
15,781
22,930
22,313
21, 920
19,894
22, 637
20,479
20, 710
5,027
9,407
10,336
12, 283
11,476
11,768
13,463
The growth in the membership of each railway relief department was
steady until the business depression of 1893 and 1894 came and com
pelled the railway companies to reduce their labor force. The year 1895
shows a marked increase in membership, particularly in the Burlington
and Pennsylvania relief departments. The statistics for 1896 are not
all at hand, but they show decided gains in most cases. The member
ship of the Pennsylvania Railroad Company’s department in December,
1896, was over 40,000. The department of the Pennsylvania lines west
had 15,884 members June 30,1896. On the same date the membership
o f the Baltimore and Ohio Relief Department was 23,189. The present
total membership of the six railway relief departments includes over
one-eighth of all the railway employees in the United States. The
Baltimore and Ohio, the Reading, and the Plant System, by making
membership in the relief department a condition of employment, include
practically all their permanent working force in the enrollment of their
relief organizations. The total number of men employed by the Read
ing November 30, 1896, was 16,286, and the members of the relief
department numbered 14,711. The voluntary relief departments o f the
Pennsylvania Railroad and of the Burlington enroll 55 per cent and
55.63 per cent, respectively, of the employees of those systems. The
department of the Pennsylvania lines west of Pittsburg and Erie com
prised 64.6 per cent of all employees of that company June 30,1896.
Not all persons connected with the service are eligible to membership.
In the case of the Pennsylvania Railroad the 55 per cent of all
employees equals 80 per cent of those eligible to join the relief depart
ment.
RELIEF AFFORDED.
It is to be expected that the number of disablements and deaths will
be large in associations composed entirely of railway employees. The
following tables give the record o f disablements and deaths for each
railway relief department during the two fiscal years ending in 1894
and 1895. The average membership of each department is also given
as well as the per cent of members constantly disabled, the number of
deaths, and the number of deaths per 1,000 members.
53
RAILWAY RELIEF DEPARTMENTS.
DISABLEMENTS IN RAILWAY RELIEF DEPARTMENTS
YEARS ENDING IN 1894 AND 1895.
DURING
THE FISCAL
Disablements.
Average
membership.
Relief department.
1894.
By accident.
1895. 11894.
1895.
By sickness. |
1894. j 1895.
Per cent
of members
constantly
disabled.
Total.
1894. j 1895.
1894.
17, 804 ! 21,430
3.23
1895.
1
Pennsylvania Rail
road ........................
Pennsylvania lines
west.......................
Baltimore and Ohio...
Reading.....................
Burlington................
32,624
35, 017 4, 731 5,515
11,894 12,186 I 2,197
21, 288 20,947 I 3, 584
14. 500 15,150 2, 467
11,400 12,458 |2,773
13,073
15,915
2,530 3,243 i 3,156
ad, 233 ! 8,022 a3,260
! 3,085 | 5,117 | 5,602
j 3,019 4,469 , 5,295
3.34
5,440 5, 686 3.8
11,606 a6,493
3.3
7,584 8, 687 67.0
7,242 8, 314 3.1
3.8
3.7
67 0
3.2
i
a Cases of disablement upon which benefits were paid. This explains why the figures for 1895 are so
much less than those for 1894, which are for total benefit orders drawn for disablements.
6 This percentage is higher than those shown for the other departments because it includes
nonbeneficial cases (members who return to duty in seven days), cases in which wages are paid dur
ing disablement, and canceled cases.
DEATHS IN RAILWAY RELIEF DEPARTMENTS DURING THE FISCAL YEARS
ENDING IN 1894 AND 1895.
]
i
Relief department.
Deaths.
Average
membership.
1894.
Pennsylvania Rail
road ......................... 32,624
Pennsylvania lines
west........................ ! 11, 894
Baltimore and Ohio... j; 21, 288
Reading..................... ! 14,500
Burlin^on................ j 11,400
1895.
From
accident.
1894.
1895.
From natural
causes.
1894.
1895.
| Per 1,000
j members.
Total.
1894.
1895.
1894.
1895.
35,017
69
108
304
347
373
455
11.5
12.9
12,186
20, 947
15,150
12,458
41
65
56
28
33
55
59
35
121
178
110
64
113
155
118
66
et162
243
166
92
146
210
177
101
13.8
11.4
11.4
8.1
12.0
10.0
11.7
8.1
a Number of death benefits paid during the year; 164 deaths occurred.
These tables, being limited to two years, are to be taken as illustrative
of the burdens assumed by the relief departments, rather than to be
made the basis o f deductions drawn from comparing the departments
with each other. Furthermore, while the statistics of deaths occurring
indicate the number of death benefits paid, the number of disablements
and the number of disablement benefits are not identical. Benefits are
not paid in all cases of disablement reported, because recovery takes
place within the period—from three days to a week—that must elapse
before benefits are payable. Nevertheless, the number of benefits paid
exceeds the number of cases of disablement reported, because a mem
ber whose disablement is a prolonged one receives several payments.
Other things being equal, the number of benefits paid by the depart
ment of the Pennsylvania Railroad will be proportionately greater,
because that department begins to give aid after three days of dis
ability. The tables will indicate the risks carried by the several depart
ments, provided the above limitations are kept in mind.
54
BULLETIN OF THE DEPARTMENT OF LABOR.
The aid which the members o f the several railway relief departments
actually obtain is shown by the subjoined table giving the average
benefits paid during the two fiscal years ending in 1894 and 1895:
AVERAGE BENEFITS PAID BY RAILWAY RELIEF DEPARTMENTS DURING THE
FISCAL YEARS ENDING IN 1894 AND 1895.
For disablement from—
Relief department.
Accident.
1894.
Sickness.
1895.
1894.
Pennsylvania Railroad........ $13.49 $12.79 $11.19
Pennsylvania lines west....... a 17.00 a 16.41 13.71
15.30
Baltimore and Ohio............... b 12.33 512.30
Reading................................. 17.00 17.13 14.50
Burlington............................ 25.31 24.91 31.86
For death from—
Accident.
1895.
1894.
$9.73
14.66
15.36
15.75
28.65
$611.25
621.13
1,075.62
451.00
869.57
1895.
Sickness.
1894.
$636.36 $565.15
492.42 638.84
1,123.85 589.43
462.50 460.50
808. 33 694.63
1895.
$557.72
584.26
589.67
427.35
668.78
a Not including surgical expenses.
bNot including surgical expenses, averaging $2.79 per case in 1894 and $2.60 per case in 1895.
The payments, except in the case of the Burlington, represent the
average amount of the benefit orders drawn. A member may be sick
or receive injuries several times during a year, or a prolonged disable
ment may entitle him to several benefit orders or payments, as these
are usually given out monthly. The disablement payments credited
in the table to the Burlington department indicate not monthly or par
tial benefit payments, but the total average amount paid within the
entire year for each case of disablement. The larger figures do not
indicate that the Burlington employees suffer more serious disable
ments, nor that the Burlington’s department pays larger benefits in
cases of accident and sickness.
The funds from which these benefits are paid and the departments
operated are derived, as was stated in outlining the plan of organiza
tion, from the members’ contributions and the appropriations made
by the railway companies. The following table shows, for each relief
department for the fiscal year ending in 1895, the amounts paid by the
members, the contributions made by the companies, and the per cent
the companies’ payments are o f the total receipts:
RECEIPTS OF RAILWAY RELIEF DEPARTMENTS FROM THE MEMBERS AND FROM
THE RAILWAY COMPANIES DURING THE FISCAL YEAR ENDING IN 1S95.
Relief department.
Pennsylvania Railroad..............................
Pennsylvania lines west............................
Baltimore and Ohio (c)..............................
Reading......................................................
Burlington...............................................
Average
mem
bership.
Payments Payments
by mem by the com
bers.
panies. (a)
Total.
35,017 $641,849.12 $143,468.69 $785,317.81
12,186 247.939.66 b53,978.81 301,918.47
20,947 365,993.47
68,443.59 434,437.06
15,150 222.170.66
26,971.43 249,142.09
12,458 267,161.45 553,397.36 320,558.81
Per cent
paid by
the com
panies.
18.27
17.88
15.75
10.83
16.86
a Including interest on monthly balances, which, strictly speaking, is not a contribution by the
companies.
6 These figures do not include the deficits made up by the companies at the end of three-year peri
ods. The Pennsylvania lines west have paid about $22,000 and the Burlington has paid $42,532.94 to
cover deficits.
cThe ‘relief feature” only is included.
RAILWAY RELIEF DEPARTMENTS.
55
It appears from the foregoing- table that, with the exception of the
Reading, from one-sixtli to one-fifth of the receipts of the relief depart
ments come from the railroad companies. The contributions of the
Reading appear small, but are due to the very small operating expenses.
They are only a third of the operating expenses of the Pennsylvania
lines west, the Baltimore and Ohio, or the Burlington. Foreign rail
way companies contribute from a third to a half of the total funds of
the associations that afford employees relief, pensions, and insurance.
The wages paid on American railroads, however, are higher than those
paid by European companies, and the American employee can, in con
sequence, more easily secure relief and insurance in stock companies or
labor organizations. A fund to which the railroad companies might
with especial justice increase their contributions is one for bearing the
expense of more adequately pensioning aged or permanently disabled
employees.
A good idea of the results of the relief work of railway departments
is to be obtained by examining a summarized record of the work that
has been accomxilished by each of the departments since its establish
ment.
The relief work of the Baltimore and Ohio Company’s organization
has been in progress since 1880. The following table shows the num
ber and kind of benefits paid and the expenses that this relief work has
entailed:
BENEFITS PAID BY THE BALTIMORE AND OHIO EMPLOYEES’ RELIEF ASSOCIATION
AND ITS SUCCESSOR, THE RELIEF DEPARTMENT, FROM MAY 1, 1880, TO JUNE 30,
1896.
Number.
Deaths from accidents........ ........................... . . . . . . . . . . . . . . . . . . .
Deaths from other causes...............................................................
Disablements from accidental injuries received in discharge of
duty..............................................................................................
Disablements from sickness and other causes than as above.......
Surgical expenses....................... ..................... .............................
Total benefits.........................................................................
Expenses, etc., during same period............. .................................
Total disbursements for all purposes....................................
1,072
2,161
Average
per case.
Cost.
$1,134,512.22 $1,058.31
997,356.63
461.53
61, 919
86,305
36,406
790,149.47
1,279,367.77
165,975.92
12. 76
14.82
4. 56
187,863
4,367, 362. 01
630,771.22
23. 25
4, 998,133. 23
The Pennsylvania Railroad Company’s relief department completed
the first ten years of its operation December 31,1895. The following
is a statement o f the department’s receipts and disbursements during
this ten-year period :
RECEIPTS.
From members............................................................................................................ $4,599,091.90
Interest on current balances and surplus.........................................................
113,643.98
Contributions of companies for deficiencies, company relief, and operat
ing expenses............................................................................................................ 1, 037,536.30
Total receipts..................................................................................................
5,750,272.18
56
BULLETIN OP THE DEPARTMENT OP LABOR.
DISBURSEMENTS.
For
For
For
For
accidents...............................................................................................................
sickness................................................................................................................
deaths from accidents......................................................................................
deaths from natural causes............................................................................
$834,690.15
1,646,118.61
483,944.45
1,470,513.19
Total benefits.................................................................................... ..............
Operating expenses..................................................................................................
4,435, 266.40
735,213.33
Total disbursements......................................................................................
5,170,479.73
The operations of the Burlington’s relief department during the period
o f its history from June 1,1889, to December 31, 1895, are shown by
the following summary:
RECEIPTS.
Contributions o f m em bers................................................
$1,475,985.71
Interest paid by companies on monthly balances, at 4 per c e n t............
5,725.89
336,659.48
Operating expenses paid by companies...........................................................
42,532.94
Deficiencies paid by companies............................................................................
Total receipts..................................................................................................
1,860,904.02
DISBURSEMENTS.
Benefit orders for sickness (29,947 cases) and for deaths from sickness
(384 cases)................................................................................................................
Benefit orders for accidents (19,356 cases) and for deaths from accidents
(303 cases)................................................................................................................
$667,315.50
755, 607.10
Total benefit orders......................................................................................
Operating expenses..................................................................................................
1,422,922.60
336, 659.48
Total disbursements....................................................................................
1, 759,582.08
The receipts and disbursements of the Philadelphia and Reading
Relief Association during its first seven years, ending November 30,
1895, were as follows:
RECEIPTS.
Contributions o f m em bers.................................................................................... $1,504,452.00
Interest on current balances and surplus................................................. ..
64,769.58
Contributions o f Philadelphia and Reading Railroad Company, includ
ing operating expenses.......................................................................................
230,608.67
Total receipts..................................................................................................
1, 799,830.25
DISBURSEMENTS.
Deaths from accident (548 cases)........................................................................
Deaths from natural causes (756 cases)...........................................................
Disablements from accident (19,095 cases).....................................................
Disablements from natural causes (17,351 cases)...........................................
$254,801.70
320,448.23
398,640.93
319,934.90
Total benefits..................................................................................................
Operating expenses..................................................................................................
Expenses of medical examiners............................................................................
1,293,825.76
110,878.54
42,745.24
Total disbursements
1,447,449.54
RAILWAY RELIEF DEPARTMENTS.
57
The receipts and disbursements of the relief department of the Penn
sylvania lines west of Pittsburg and Erie during its first seven years,
ending June 30, 1896, were as follows:
RECEIPTS.
Contributions from members................................................................................ $1,626,507.84
Contributions from companies:
Account company relief.................................................................................
27,714.65
In terest................................................................................................................
16,227.90
Operating expenses..........................................................................................
315,982.13
Total receipts..................................................................................................
1,986,432.52
DISBURSEMENTS.
Disablements from accident (17,785 cases).....................................................
Disablements from sickness (26,265 cases) .....................................................
Deaths from accident (255 cases) .....................................................................
Deaths from natural causes (738 c a se s)...........................................................
Company r e lie f..........................................................................................................
Operating expenses..................................................................................................
$427,329.85
535,618.20
152,716.69
456, 757. 78
27,690.25
315,982.13
Total disbursements....................................................................................
1,916,094.90
The railway relief department is an institution that benefits the
employees, the companies, and the public, because it is based upon the
sound principle that “ the interests and welfare of labor, capital, and
society are common and harmonious, and can be promoted more by
cooperation of effort than by antagonism and strife.” The railroad
companies are enabled to do more in relieving the sufferings of their
employees. Both the public and the railroad companies share in the
benefits that result from the higher standard of efficiency which the
regulations of the relief departments require of the railway staff.
The relief departments are competitors of the relief and insurance
feature o f the railway employees’ orders. Both methods of providing
relief have proven themselves successful and beneficial. A comparison
of their merits and a judgment as to which institution is to be preferred,
when viewed from the standpoint of all interests concerned, can not be
given without considering the plan of organization of the relief work of
the railway employees’ orders, the principles upon which the plan is
based, and the results which have been accomplished. That having
been done, fruitful comparisons may be drawn.
RECENT REPORTS OP STATE BUREAUS OP LABOR STATISTICS.
MASSACHUSETTS.
T w enty sixth A n n u a l R eport o f the Massachusetts B ureau o f Statistics
o f L ab or .
Part I, Relation o f the Liquor Traffic to Pauperism,
Crime, and Insanity. 1896. Horace G-. Wadlin, Chief, vii, 416 pp.
The information presented in this report was collected in pursuance
o f a legislative act passed in 1894. The ground covered by the inves
tigation can best be stated by quoting from the act, which directs the
bureau “ to ascertain, from all sources available, facts and statistics
showing the number of commitments to all institutions, penal and char
itable, resulting from the use or abuse of intoxicating liquors; the
number of crimes committed by persons while under the influence of
intoxicating liquors; the number of crimes of each class thus com
mitted ; the number of paupers whose present condition can be traced
to the use or abuse of intoxicating liquors by themselves, or by their
parents, guardians, or others; the number of persons who have been
pronounced insane and whose condition can be traced to the use or
abuse of intoxicating liquors by themselves, their ancestors, or by
others; and in general, such other data as will tend to show the rela
tion of the liquor traffic to crime, pauperism, and insanity.”
The investigation, which covered a period of twelve months ending
August 20, 1895, was conducted by means of personal interviews had
by special agents of the bureau with the inmates of prisons and of the
different State institutions for the reception of paupers and the insane.
Supplementary information was obtained by the examination of the
records of courts, prisons, and other public institutions.
The report is divided into three principal sections—pauperism, crime,
and insanity.
The number of cases of pauperism, crime, and insanity covered by
the inquiry represents cases of commitments during the twelve months,
irrespective of individuals. There were 3,230 returns made as to
pauperism, 26,672 as to crime, and 1,836 as to insanity, making a total
of 31,738 cases returned.
The returns relating to crime are reported to be more complete and
trustworthy than those relating to pauperism and insanity, because in
the case of criminals more definite information as to their habits could
be obtained from the records, and also because prisoners as a class are
much more intelligent, and, therefore, much more ‘capable of giving
58
REPORTS OF STATE BUREAUS OF LABOR— MASSACHUSETTS.
59
evidence. The report is so comprehensive in its character that only
some of the main facts derived from the investigation can be here
presented.
Pauperism .— With respect to the drinking habits of paupers, it is
found that out of a total of 3,230 found in the State institutions during
the twelve consecutive months, 2,108, or G5.26 j>er cent, were addicted
to the use o f intoxicating liquors, 866, or 26.81 per cent, were total ab
stainers, and in regard to 256, or 7.93 per cent, the drinking habits could
not be ascertained. O f those who used liquor, 505 were reported as
excessive drinkers, the others being persons who drank occasionally,
either in public places or only at their own homes. Nearly one-lialf
of the total abstainers, or 429, were minors, 281 being under 10 years
of age. Thirty-one minors were addicted to the use of liquor.
Regarding the direct influence of the use of intoxicating liquors
answers could not be obtained for all of the 3,230 paupers reported.
Out of 2,701 cases ascertained, 1,274, or 47.17 per cent (39.44 per cent of
the whole number returned), attributed their pauperism to their own
intemperate habits. The influence of intemperate habits of parents is
surprisingly small, only 156 out of a total of 2,890 cases ascertained, or
5.40 per cent (4.83 per cent of the whole number returned), considering
their condition o f pauperism due to the intemperance of one or both
parents. In 47 out of 2,903 cases ascertained, the paupers attributed
their condition to the intemperate habits of their legal guardians, and in
99 out of 2,883 ascertained cases, to the intemperate habits of others.
In 1,542 out of a total of 2,379 ascertained cases, or 64.82 per cent (47.74
per cent of the whole number returned), either one or both parents of
the paupers were addicted to the use of intoxicating liquors.
As to the nature of the intoxicants consumed by the paupers the
report shows that among 2,108 who used such beverages 535 used wine,
1,850 used lager beer, 1,870 used malt liquor, and 1,584 used distilled
liquor, the average number of kinds of liquor used by each person being
2.77. In 480 cases, or 22.77 per cent of the whole, the persons indulged
in but one kind of liquor.
The returns as to the political condition of paupers show that by far
the greater portion are aliens. Of the 3,230 paupers reported 1,019,
or 31.55 per cent, were citizen born, 320, or 9.91 per cent, were natural
ized, and 1,867, or 57.80 per cent, were alien. In 24 cases, or 0.74 per
cent, this information could not be ascertained. The parents of paupers
were both native in only 305 cases, or 9.44 per cent of the number
returned, while in 2,652 cases, or 82.11 per cent, the parents of paupers
were both foreign. In the remaining cases the parentage could not be
ascertained, or only one of the parents was foreign.
The liquor habits of paupers and the number whose pauperism was
directly due to the use or abuse of intoxicants are shown, by sex and
occupations, in the following table.
60
BULLETIN OF THE DEPARTMENT OF LABOR.
LIQTJOR HABITS OF PAUPERS AND THEIR RELATION TO PAUPERISM, BY SEX AND
OCCUPATIONS.
Liquor habits of paupers.
Occupations.
Exces
Other Total ab Not re
sive
drinkers. drinkers. stainers. ported.
Condi
tion due
to use or
abuse of
intoxi
cants.
Condi
tion not Cause
due to use
Total
not
or abuse
paupers.
of intoxi reported.
cants.
MALES.
Bakers...................
Blacksmiths..........
Bookkeepers..........
Boot and shoemakers.......................
2
2
2
6
1
6
21
20
19
3
14
1
26
7
2
26
3
6
28
4
19
2
11
99
20
20
3
5
7
2
1
717
14
21
53
24
10
7
39
7
16
6
10
4
3
41
6
17
35
5
87
2
6
6
1
3
8
2
1
Carpenters............
Clerks....................
Cooks ....................
Coopers..................
Employees, railroad
Factory operatives.
Farmers................
Firemen................
Fishermen.............
Furniture makers.
Gardeners.............
Harness makers ..
junk deal ora____
Laborers...............
Leather workers...
Machinists............
Mariners...............
Masons..................
Metal workers.......
"Mulders - ______
Painters................
P«dfi1fvrs________ _
Personal service...
Printers................
Quarrymen............
S a lp s m fv n ________
fiftrtftrs_________
Stable hands..........
Steam fitters.
Tailors..................
Teamsters.............
Upholsterers . . . . . .
Other occupations.
N o n o o n pn.t/io n ..........
Not reported..........
1
23
3
19
4
1
1
1
5
253
9
10
5
11
3
4
10
Total males___
477
2
18
4
2
1
1
6
2
1
1
1
7
1
7
15'
1
23
1
1
3
1
1
2
3
1
5
6
2
4
1
3
3
2
2
1
1
22
10
1
1
1
4
1
3
1
1
2
2
2
12
5
7
2
2
2
1
107
1
4
8
4
2
94
1
3
8
2
1
3
1
5
3
1
2
1
2
3
2
5
13
14
19
2
4
11
11
8
3
26
5
1
18
4
7
26
4
9
18
3
3
18
1
5
13
4
13
3
8
79
20
9
3
3
5
2
3
5
3
10
23
203
2
15
9
1
6
62
13
32
5
4
4
3
6
633
16
20
18
26
5
7
31
2
12
5
7
1
4
27
5
9
33
3
61
2
2
1,490
449
217
1,217
9
65
14
7
2
1
3
2
5
3
2
5
164
46
20
6
1
20
5
3
1
6
31
10
2
3
1
2
4
1,
4
2
2
1
7
1
4
9
26
25
29
6
51
B
3
6
40
5
13
42
9
22
5
15
156
38
47
10
8
11
6
6
1,171
25
38
74
41
16
11
53
10
30
13
12
7
5
56
7
30
65
8
170
2
148
214
9
375
2,633
1
24
4
4
1
17
267
69
32
10
8
11
8
23
145
7
1
3
1
2
1
15
5
6
2
1
2
1
435
9
14
48
13
10
4
21
6
15
7
4
6
1
26
2
18
26
3
79
42
5
103
1,041
4
8
2
1
1
2
3
1
1
3
6
FEMALES.
Cooks....................
Domestic servants.
Factory operatives.
Housewives..........
Laundresses..........
Personal service__
S p a m s t .r p s s p .s ______
Table girls.............
Other occupations .
No occupation
Not reported.. . . . . .
6
6
6
2
14
141
3
4
1
2
2
10
212 1
55 1
26
6
7
8
8
19
30
5
4
113
2
1
Total females..
28
113
417
39
57
386
154
597
Total bothsexes
505
1,603
866
256
1,274
1,427
529
3,230
The most numerous class shown in the table is that of laborers, of
whom there were 1,171. Of these 633, or 54.06 per cent, attributed
their condition o f pauperism to the use of intoxicating liquors $ 253, or
REPORTS OF STATE B U REAU S OF LAB O R — M ASSACH U SETTS.
61
21.61 per cent, were excessive drinkers. The next in number were the
female domestic servants, namely, 267, of whom 31, or 11.61 per cent,
report their condition due to the use of intoxicating liquors, 18 being
excessive drinkers. Taking the 51 principal occupations of both sexes
in which five or more paupers had been engaged, as shown in the above
table, it is found that in eight of them over one-fourth of the cases
reported were those of excessive drinkers, namely: Junk dealers, 83.33
per cent 5 firemen, 40.43 per cent; fishermen, 40 per cent; molders, 36.36
per cent; leatherworkers, 36 per cent; boot and shoe makers (male),
27.45 per cent; masons, 26.83 per cent 5 machinists, 26.32 per cent. In the
case of the following 20 occupations of males over one-half of the paupers
in each case reported their present condition due to the use of intoxi
cants: Junk dealers, 100 per cent; chairmakers, 80 per cent; sorters,
80 per cent; steam fitters, 71 per cent; firemen, 68 per cent; black
smiths, 66 per cent; leatherworkers, 64 per cent; molders, 64 per cent;
masons, 63 per cent; brassworkers, 63 per cent; coots, 62 per cent;
painters, 58 per cent; quarrymen, 58 per cent; barbers, 56 per cent;
agents, 56 per cent; clerks, 54 per cent; laborers, 54 per cent; machin
ists, 53 per cent; boot and shoe makers, 51 per cent; teamsters, 51 per
cent.
C r i m e . —During the twelve months covered by the investigation,
there was 26,672 convictions for various offenses, of which 17,575, or
65.89 per cent, were for drunkenness, and 657, or 2.46 per cent, for
drunkenness in combination with other offenses. In 21,863 cases, or
81.97 per cent, the offender was in liquor at the time of committing the
offense. Taking only the cases in which drunkenness did not form part
of the offense, or 8,440, there were still 3,640 cases, or 43.13 per cent, in
which the offender was in liquor at the time the offense was committed,
and 4,852 cases, or 57.49 per cent, where the offender was in liquor at
the time the intent was formed to commit the offense.
In response to the inquiry whether the intemperate habits of the
criminal led to a condition which induced crime, an affirmative reply
was made in 22,514 and a negative reply in 4,142 cases, the facts being
unknown in 16 instances. Disregarding the cases in which drunken
ness was a factor, there remain 4,294 out of 8,440 cases of conviction
for other crimes, or 50.88 per cent, in which the intemperate habits of
the criminal led to a condition which induced the crime. In 16,115 out
of 26,672 cases o f conviction for crimes, including drunkenness, the
criminals reported that the intemperate habits of others were influential
in leading them to a condition which induced crime. In 217 cases this
information was lacking. Taking only the 8,440 cases of conviction for
crimes other than drunkenness, it is found that 3,611, or 42.78 per cent,
attributed their condition to the influence of the intemperate habits of
others.
As to the drinking habit of criminals, it is found that 25,137, or 94.24
per cent of the whole number, used intoxicating liquors, and 1,535,
or 5.76 per cent, were total abstainers. O f the former, 4,516 were
6395—No. 8-----5
62
B U L L E T IN
OF
THE
DEPARTM ENT
OF
LABOR.
excessive drinkers, and the others drank occasionally or in moderation.
Taking only the cases of crime in which drunkenness did not figure in
the conviction, there were G80 out of 8,440 cases where the offenders
were excessive drinkers. Of the total abstainers, 032, or 41.17 per
cent, were minors. O f the whole number o f offenders, 15,440, or 57.89
per cent, had fathers who were addicted to the use of liquor, and 5,464,
or 20.49 per cent, had mothers who used intoxicating liquors.
As to the nature of the intoxicants consumed by criminals, it is
found that among the 25,137 cases returned, 8,891 used wines, 23,355
used lager beer, 22,233 used malt liquors, and 20,251 used distilled
liquors. Dividing the total by the number of cases returned, it is found
that on an average each person indulged in 2.97 kinds of intoxicating
beverages. One kind of liquor only was used in 5,147 cases.
Regarding the political condition of criminals, as in the case o f
paupers, foreigners and their immediate descendants preponderate,
although in a less degree. Of the whole number of offenders, 14,131,
or 52.98 per cent, were citizens born, 3,726, or 13.97 per cent, were
naturalized, and 8,815, or 33.05 per cent, were alien. There were 4,089,
or 15.33 per cent, of whom both parents were native, and 21,204, or
79.50 per cent, of whom both parents were foreign. The others were
either o f wholly or partly unknown parentage, or had father or mother
foreign.
In the following table are shown, by sex and occupations, the liquor
habits of criminals and the number of those who were or were not
under the influence of liquor at the time the crime was committed:
LIQUOR HABITS OF CRIMINALS AND THEIR RELATION TO CRIME, BY SEX AND
OCCUPATIONS.
Liquor habits of criminals.
Occupations.
Criminal Criminal
under
under the not
influ
influence the
ence
of
Cause
Total
of
liquor
at
Excess
not
criminals.
Other Total ab at time liquor
time
reported.
ive
drinkers.
stainers.
crime
crime
drinkers.
was com was
com
mitted. mitted.
MALES.
Agents, canvassers, traveling
salesmen, etc.......................
Blacksmiths and wheel
9
80
8
67
29
wrights ____________
52
3
253
18
12
1
282
18
35
4
317
22
Boot and shoe makers_____
Briekmakers___________
Broom and brush makers___
Building trades.....................
Button makers__________
Candy makers....................
Carriage and bicycle makers..
Cigar makers___________
44
268
44
71
7
261
1 ,2 3 9
14
3
7
2 ,0 1 4
5
17
12
72
1
1
75
3
1
2
4
228
1 ,3 6 7
10
10
6
2 ,1 9 8
6
14
10
61
121
211
4
1
3
336
3
6
4
22
349
1 ,5 7 8
14
H
9
2, 535
9
20
14
83
92
135
527
640
27
90
543
592
102
273
6
33
4
29
14
Bookbinders..........................
Bookkeepers, clerks, and
salesmen..............................
Bottlers.........................- .......
Coachmen and stable employ
ees .......................................
Dealers, traders, peddlers, etc.
Electricians, electric work
employeea. *.........................
1
1
446
1
2
1
1
1
97
646
865
43
R E P O R T S O F S T A T E B U R E A U S O F L A B O R ----- M A S S A C H U S E T T S .
63
LIQUOR HABITS OF CRIMINALS AND THEIR RELATION TO CRIME, BY SEX AND
OCCUPATIONS—Concluded.
Liquor habits of criminals.
Occupations.
Criminal Criminal
under
under the not
influ
influence the
Cause
ence
of liquor liquorof
Total
not
at
Excess
Other
Total
ab
at
time
criminals.
reported.
ive
time
drinkers.
stainers.
crime
crime
drinkers.
was com was
com
mitted. mitted.
males—concluded.
Farmers and farm laborers...
Furniture makers and finish
ers .......................................
Glass workers.........................
Hat makers and finishers.......
Hotel, boarding house, and
restaurant proprietors and
employees............................
Housekeepers and domestic
service .................................
Laborers.................................
Leather makers and workers.
Machinists.............................
Mariners and fishermen........
Messengers and porters........
Metal workers.......................
Musical instrument makers..
Paper makers.........................
Personal service....................
Printers (compositors and
pressmen)............................
Professional service...............
Rubber factory operatives...
Stone cutters and polishers ..
Tailors and garment workers.
Textile factory operatives---Transportation, teamsters,
expressmen, etc..................
■Watch and clock repairers...
Wood workers and finishers..
Other occupations..................
Not reported..........................
Total males........ .........
106
513
53
546
125
26
3
7
102
28
36
8
5
115
25
34
21
11
9
1
672
136
36
43
5
45
10
33
27
60
27
1,371
71
67
73
5
115
3
10
187
155
5,974
381
401
422
50
560
16
57
889
13
221
6
29
12
30
14
146
6,501
429
404
436
36
606
17
63
872
49
1,062
29
93
71
49
83
2
6
SCO
195
7,566
458
497
507
85
689
19
69
1,172
34
20
5
34
45
181
198
91
32
182
147
1,377
18
24
198
77
34
192
156
1,393
52
58
3
29
48
229
250
135
37
221
204
1,622
227
1
40
10
50
1,206
7
165
43
273
11
7
181
1, 256
6
182
49
262
252
2
34
11
242
1,508
8
216
60
504
3,790
18,551
1,240
19, 509
4, 065
2
4
8
9
1
2
2
6
5
2
7
12
1
2
2
5
8
3
2
96
5
12
64
75
3
7 i
23, 581
FEMALES.
Bookkeepers, clerks, and
saleswomen............... -........
Boot and shoe makers...........
Button makers.......................
Candy makers.........................
Cigarmakers..........................
Dealers, traders, peddlers, etc.
Hotel, boarding house, and
restaurant proprietors and
employees............................
Housewives and domestic
service.................................
Personal service....................
Professional service...............
Rubber factory operatives ...
Tailoresses and seamstresses.
Textile factory operatives ...
Wood workers and finishers..
Not reported..........................
1
4
1
4
2
9
8
41
12
34
27
546
26
4
1,488
64
9
4
52
335
3
46
186
15
6
1
19
24
2
18
1,728
65
9
491
40
9
5
32
68
2
39
18
89
24
57
380
3
49
15
15
1
4
2
14
61
1
1
2, 220
105
19
5
89
448
5
88
Total females..... ........
726
2,070
295
2,354
735
2
3, 091
Total both sexes..........
4,516
20,621
1,535
21,863
4,800
9
26, 672
A s regards the sex of criminals, the above table shows a larger iiroportion of excessive drinkers among the females than among the males,
namely, 23.49 and 16.07 per cent, respectively. There were only two
occupations, both of females, in which over one-fourth of the criminals
were reported to be excessive drinkers, namely, dealers, peddlers, etc.,
64
B U L L E T IN
OF
THE
DEPARTMENT
OF
LABOR.
28.57 per cent, and boot and shoe makers, 26.67 per cent. The most
numerous class o f criminals reported was that o f laborers, being 7,566,
and the next in number were those who had been engaged in the build
ing trades, or 2,535. A larger proportion of males than females com
mitted their crimes while under the influence of liquor, namely, 82.73
and 76.16 per cent, respectively. As regards occupations, the highest
percentages o f crimes committed under the influence of liquor were
found among brickmakers, leather makers and workers, paper makers,
and rubber-factory operatives, the proportion in each case being over
90 per cent.
The influence o f liquor legislation upon drunkenness, as far as it
relates to the granting or not granting of licenses, is shown in the fol
lowing statement: During the twelve-months period covered by this
investigation there were 35 towns which changed their policy with
respect to license. In 19 of these the average number of arrests per
month for drunkenness was larger, and usually considerably larger,
under license than under no license. In five small towns there were no
arrests for drunkenness under either system, and in one small town there
was one arrest for drunkenness during four months of license and two
during eight months of no license. There were five cities which changed
their policy with respect to license during the twelve months. The aver
age number o f arrests per month for drunkenness was smaller in all of
these cities under no license than under license, as is shown in the
following table:
AVERAGE ARRESTS PER MONTH FOR DRUNKENNESS UNDER LICENSE AND NO
LICENSE IN FIVE CITIES.
Number of months.
City.
Haverhill....................... .... .....................................................
Lynn................................................................ .......................
Medford........................................................ ..........................
Pittsfield___________________________ ________ ________
Salem.........................................................................................
Average arrests
per month for
drunkenness.
License.
No
license.
License.
8
4
8
4
4
4
8
4
8
8
81.68
315.00
20.12
93.25
140.50
No
license.
26.50
117.63
13.25
36.75
29.63
I n s a n i t y .—The information with reference to insanity is practically
o f the same character as that relating to pauperism and crime, but is
much less complete. Out of 1,836 cases found in the institutions can
vassed during twelve consecutive months, there were 671 instances, or
36.55 per cent, in which the persons were addicted to the use of liquor,
and 677, or 36.87 per cent, in which they were total abstainers. Infor
mation as to drinking habits could not be ascertained in 488 cases, or
26.58 per cent o f the whole number returned. There were 311, or 16.94
per cent, who were excessive drinkers. Fifty-five of the abstainers and
12 o f those using intoxicating liquor were minors. Excluding all
minors and persons for whom the facts could not be ascertained, there
REPORTS OF STATE BU REAU S OF LABOR— M ASSACH USETTS.
65
were 1,281 adults, of whom 659, or 51.44 per cent, were addicted to the
use of liquor, and 622, or 48.56 per cent, who were total abstainers.
As to the direct influence of the use of intoxicating liquors upon
insanity, information could be obtained in only 1,506 out of the 1,836
cases returned. Of these there were 383, or 25.43 per cent, in which
the intemperate habits of the person were considered the cause of
insanity. In 20 out of 941 ascertained cases, or 2.13 per cent, the per
sons were thought to be insane on account of the intemperate habits
of either one or both parents, and in 184 out of 354 ascertained cases,
or 51.98 per cent, on account of the intemperance of grandparents.
The intemperate habits of others, neither parents nor grandparents,
was considered the cause of insanity in 123 out of 880 ascertained
cases, or 13.98 per cent.
O f the 671 cases reported as using intoxicating liquors, 192 used
wine, 553 used lager beer, 542 used malt liquors, and 524 used distilled
liquors, the average number of kinds of liquors used by each person
being 2.70. In 165 out of 671 cases the persons indulged in but one
kind o f intoxicating liquor.
The inquiry regarding the political condition of the insane shows, as
in the cases o f pauperism and crime, a preponderance of foreigners and
persons of foreign parentage. O f the 1,836 cases returned, 1 ,002, or
54.58 per cent, were citizen born; 107, or 5.83 per cent, were naturalized;
718, or 39.11 per cent, were aliens, and 9 were unknown. The parents
of but 575, or 31.32 per cent, were both native, while those o f 1,087, or
59.20 per cent, were both foreign. The others were either o f wholly or
partly unknown parentage or had only one of the parents foreign.
The accompanying table shows, by sex and occupations, the liquor
habits of insane persons and the number whose condition of insanity
was due to the use or abuse of intoxicants:
LIQUOR HABITS OF INSANE PERSONS AND THEIR RELATION TO INSANITY, BY
SEX AND OCCUPATIONS.
Liquor habits of insane.
Occupations.
Excess
Other Total ab Not re
ive
drinkers. drinkers. stainers. ported.
Condi
Condi
not
tion due tion
to
to use or due
use
abuse of abuseorof
intoxi
intoxi
cants.
cants.
Cause
not re
ported.
Total in
sane.
MALES.
Agents, convassers,
and collectors___
Blacksmiths and
wheelrights........
Bookkeepers..........
Boot and shoemak
ers.......................
Building trades___
Carpenters.............
Cigar makers........
Clerks and sales
men ....................
Dealers, traders,
peddlers, etc.......
Domestic service ..
3
7
2
1
5
3
1
1
17
3
7
2
12
9
15
5
17
2
6
13
2
5
8
1
14
4
7
2
4
1
2
7
10
19
29
14
25
22
3
1
6
26
6
6
8
1
4
2
70
24
35
1
7
1
2
10
6
6
7
15
5
27
14
3
15
7
2
17
28
3
8
2
53
8
2
5
66
B U L L E T IN
OF
THE
DEPARTMENT
OF
LABOR.
LIQUOR HABITS OF INSANE PERSONS AND THEIR RELATION TO INSANITY, BY
SEX AND OCCUPATIONS—Concluded.
Liquor habits of insane.
Condi
Condi
not
tion duo tion
due
to
to use or use or
Excess
Other Total ab Not re abuse of
ive
abuse
of
drinkers. drinkers. stainers. ported. intoxi
intoxi
cants.
cants.
Occupations.
Cause
not re
ported.
Total in
sane.
MALES—concluded.
Factory operatives.
Farmers and farm
laborers.............
Furniture makers
and finishers.......
Government servLaborers................
Leather
makers
and workers.......
Machinists............
Manufacturers___
Mariners and fishormen.................
21
21
16
27
24
41
20
85
11
14
6
28
15
30
14
59
1
2
2
2
2
3
2
7
1
63
2
62
2
13
64
1
80
3
69
1
53
202
5
4
a
7
9
2
2
1
2
18
14
10
4
3
5
4
4
1
6
5
5
16
6
13
8
3
3
4
4
15
10
5
32
16
33
11
6
4
3
4
1
11
Metal workers.......
Painters.................
Personal service...
Printers. . . . . . . . . . .
Professional serv
ice .......................
11
6
6
3
4
6
1
1
5
2
1
4
1
7
3
6
i
2
5
3
2
14
1
11
1
11
7
7
33
246
269
16
Students_________
Tailors and gar
ment workers___
Transportation,
teamsters,
ex
pressmen, etc.. ..
W ood workers. . . . .
Other occupations.
Not reported..........
Total males..
7
13
5
Stable keepers___
Stenflutters___ ,_
6
1
6
2
2
6
4
7
2
4
6
5
6
2
12
6
13
3
8
6
7
5
4
5
13
1
3
7
2
3
5
19
11
2
8
7
5
3
2
3
5
5
1
11
5
2
4
6
16
27
12
2
6
12
36
6
15
3
14
54
5
9
184
275
296
479
199
974
1
18
5
7
a
74
5
38
3
22
22
2
7
9
96
15
40
5
28
1
12
14
146
18
59
2
9
31
1
3
2
49
168
16
12
5
63
222
18
14
18
36
1
5
26
78
FEMALES.
At home.................
Domestic service.. .1I1
Dressmakers___
'
Factory operatives.]1
Hotel and boarding-]|
house proprietors
Housekeepers.......
Housewives..........
Housework............
Personal service...
Professional serv-
5
4
28
2
2
if*A______. . . ____
Tailoresses
and
seamstresses___
10
25
1
26
5
2
88
292
26
18
13
13
39
3
1
2
7
17
21
111
65
7
1
12
1
2
7
34
3
2
5
1
2
3
9
13
15
89
21
18
23
142
Total females
65
91
493
213
87
614
131
862
Total both
sexes........
311
360
677
488
383
1,123
330
1,836
Other occupations.
Not reported..........
5
2
As in tlie cases of pauperism and crime, so among the insane, labor
ers comprise the most numerous class. Among the females the most
numerous class, as regards occupations, is that of housewives* Taking
the 43 occupations in which five or more of the insane had been engaged,
as shown in the above table, there were only three instances in which
the number o f cases of insanity due to the abuse of intoxicating liquors
REPORTS OF STA TE B U R EAU S O F LAB O R — M ASSACH U SETTS.
67
was greater tlian the number due to other causes. These were laborers,
stable keepers, and persons engaged in transportation, such as team
sters, expressmen, etc. In the case of 13 occupations, all of males, over
one-fourth of the insane were excessive drinkers, namely, transporta
tion, etc., 39 per cent; personal service, 39 per cen t; stable keepers, 36
per cen t; metal workers, 34 per cent ; cigar makers, 33 per cent; leather
makers and workers, 33 per cent; laborers, 32 per cen t; dealers (ped
dlers, traders, etc.), 32 per cen t; painters, 31 per cent; manufacturers,
30 per cent; machinists, 29 per cen t; mariners and fishermen, 27 per
cent; tailors and garment workers, 27 per cent.
V i o l a t i o n s o f t h e L i q u o r L a w . —Statistics on this subject are
of interest as showing the degree of difficulty experienced in enforcing
laws o f this character. The following table shows the nature of viola
tions and the number and sex of persons fined and imprisoned in each
case:
CASES OF FINE AND IMPRISONMENT FOR VIOLATIONS OF THE LIQUOR LAW, BY
SEX AND KIND OF OFFENSE.
Cases of Cases of Cases of
Cases of impris fine and fine or
fine only. onment imprison imprison
only.
ment.
ment.
Sex and offense.
MALES.
2
58
25
106
5
9
14
2
12
18
41
3
>1
8
191
28
73
12
12
5
38
1
2
2
7
5
11
1
55
5
23
1
Liquor carrying
Liquor keeping.
Liquor nuisance
Liquor selling ..
2
70
30
144
6
11
16
2
19
23
52
3
2
8
Total.......
246
33
96
13
Liquor carrying
Liquor keeping.
Liquor nuisance
Liquor selling..
Total.......
FEMALES.
Liquor keeping.
Liquor nuisance
Liquor selling..
Total.......
BOTH SEXES.
The aggregate number of convictions as shown in the table is as
follows: Liquor carrying, 4; liquor keeping, 98; liquor nuisance, 66;
liquor selling, 220.
The report also deals to some extent with statistics of the use of
tobacco and drugs among paupers, criminals, and the insane.
MINNESOTA.
F ifth Biennial R ep ort o f the B ureau o f L abor o f the State o f M inne
Part I, Modern Variations in the Purchasing Power of Gold.
1895-1896. L. G. Powers, Commissioner of Labor. 528 pp.
sota.
This part of the report is devoted entirely to the subject of u Mod
ern variations in the purchasing power of gold.” It is an elaborate
68
B U L L E T IN
OP
THE
DEPARTM ENT
OF
LABOR.
presentation of facts and statistics relating to the prices of agricultural
products from 1862 to the present time. One chapter is devoted to
each of the following products and groups of products: Indian corn;
oats; wheat; corn, oats, and wheat in combination; barley; rye; buck
wheat; corn, oats, wheat, barley, rye, and buckwheat in combination;
potatoes; hay; tobacco; corn, oats, wheat, barley, rye, buckwheat,
potatoes, hay, and tobacco in combination; cotton and its combination
with the nine preceding crops; live stock for the ten Mississippi Valley
States; live stock for seven selected States; live stock for seventeen
selected States and the United States; summary for all crops and live
stock.
The tables are nearly all compiled from figures gathered and pub
lished each year since 1862 by the United States Department of Agri
culture. Cotton crop statistics are obtained from the United States
Statistical Abstract, and some other sources are also quoted for
comparative purposes.
The object o f this investigation is to “ ascertain, as accurately as
possible, for American agriculture, the effect o f varying supply and
demand and changes in the methods of production and transportation
upon prices, and thus build the bridge that will enable us to utilize
all our facts about general price movements to an orderly and sys
tematic solution by the statistical methods of our vexed modern silver
question.” In other words, by eliminating the effect of changed sup
ply and demand and o f varying cost of production and transportation
as factors, the price movement that remains is intended to measure
the effect o f currency changes.
The text o f each chapter is supplemented by numerous tables in which
are presented, by States and groups of States, the total crop and live
stock product o f each State for the period covered by the inquiry, its
value in currency and gold, comparisons by index numbers, etc. With
the analyses o f tables are comments upon the influence of the separate
factors which determine prices. These tables are so numerous and all
so important to a clear understanding of the case that it is not possible
by the selection of a few to briefly summarize in tabular form the results
of the inquiry. A series of charts is also presented in conclusion show
ing the variations, by States and groups o f States, in the prices of the
farm products by four and seven year periods.
The conclusions reached by the compiler after analyzing the statis
tics are summarized as follows:
Taking all the farm products of the whole United States as a meas
ure, with its leading crops, including cotton, and all its live stock
interests, the purchasing power of gold in terms of farm products is the
same on an average to-day as in the five years, 1862 to 1866, or the years
1874 to 1878. There have been since 1862 many transient causes that
for a few years have greatly affected the prices of agricultural prod
ucts, now enhancing and now depressing them. These factors have,
therefore, transiently affected the purchasing power of gold for farm
R E P O R T S O F S T A T E B U R E A U S O F L A B O R — M IN N E S O T A .
69
products in the United States as a whole. Such factors affeetiug prices
occurred notably in 1867 to 1873 and 1879 to 1882, enhancing prices
then. Other allied factors depressing prices have been active since
1893. These transient changes in farm prices have been intimately
associated with increasing or restricted foreign demand for the prod
ucts of American farms, and have had no connection with such financial
legislation as that of 1873.
Changing railway rates have greatly affected local prices. They have
depressed prices in Seaboard States. Measured by the farm products
of those States, gold has appreciated in value in thirty-five years.
Cheap rates of freight transportation causing that appreciation takes
from the farmers in those States the benefits that otherwise should have
resulted to them from improved methods of farming and the use of
better machinery and implements, and so leave them worse off rela
tively than they were before the era of high prices that began in 1866
to 1867. The only farmers in those Seaboard and Gulf States that have
not suffered in this way from falling prices, due to changing railway
rates, are those who have adopted a system of farming with crops but
little modified in prices by fluctuation in rates of transportation. In
contrast with those just mentioned, the farmers in the Upper Missis
sippi Valley as a whole have gained as much from the changes that
have followed the modern revolution in methods of transportation and
the rates for the same, as the Seaboard farmers have lost. For them
the purchasing power of gold in terms of their farm products has
greatly fallen. The final result, when the whole nation is included, is
no change in average prices, no change in the purchasing power of
gold over the average of all farm products in all sections of our com
mon country. This statement involves the condition, that farm values
as a whole shall be compared under like circumstances. High prices
which have occurred at various times in the past thirty-five years and
in all ages shall be compared with other periods of high price, and
low shall be compared with low, and average with average price.
Regarding the purchasing power of labor, the compiler says:
While, taking all facts into consideration, no trace can be found of
any permanent change in terms of farm products, at farm prices, in
the purchasing power of gold in the United States there have been
great changes in the producing power of human toil on the farm. In
the Mississippi Valley that change has been since 1862 one that gives
to the average farm worker a producing power above that possessed
by his predecessor thirty-five years ago of not less than 60, and possi
bly 75 per cent. There has been a smaller relative gain in the Sea
board States where old systems of husbandry prevail and old methods
of work are in vogue to a greater extent than in the newer West. The
changed producing power of the average farm worker vastly increases
the purchasing power of his toil, even though gold in exchange for his
products on the farm is relatively the same as from 1862 to 1866. In
this increase we note a tremendous fall in the purchasing power of gold
over or in exchange for human labor, the only final measure for testing
the value of gold or any other commodity. That decline in the pur
chasing power of gold in terms of human labor, its only final measure
and test, has since 1862 in the United States been not less than 40 per
cent, and for the Mississippi Valley farm workers 60 per cent.
RECENT FOREIGN STATISTICAL PUBLICATIONS.
R ep ort o f the Departm ental Committee on the Im portation into the United
K ingdom o f Foreign Prison-m ade G o o d s; with minutes o f evidence and
appendices .
1895.
152 pp.
This report was made by a committee appointed by the British board
o f trade for the purpose of inquiring into the extent to which goods
made in foreign prisons were imported into the country, and to report
whether any, and if so, what, steps can be taken effectually to restrict
the importation of such goods. The appointment of this committee
was the outcome o f questions addressed and complaints made to both
houses of Parliament in reference to the competition of foreign prison
labor, and of the action of the trades union congress in 1894 in instruct
ing the parliamentary committee to promote and support legislation to
prevent the importation of foreign prison-made goods.
During the period from May 2 to June 28,1895, the committee sat on
eleven days. Twenty-five witnesses were examined, including govern
ment officials and leading manufacturers and representative laboring
men engaged in the production of the articles in question, namely,
brushes, mats, buttons, horse collars, and articles of stationery.
The conclusions reached by the committee after hearing the evidence
may be briefly stated. As to so much of their instructions as obligated
them to inquire into the extent to which goods made in foreign prisons
were imported into the country, they answered as follows:
1 . That no evidence has been brought before them to show that
goods made in foreign prisons are imported into this country in such
quantities as to injure British trade generally.
2. That two trades only, the brush makers and the mat makers, have
made serious complaints o f injury, and their complaints were founded
solely on the importation o f Belgian and German goods, showing that
British industries in general do not feel any evil results from the
competition of the various other trades carried on in foreign prisons
throughout the world.
That in the case of the brush-making industry of this country as a
whole the allegations made of serious or lasting injury were not sus
tained and in the case of the mat-making industry the injury was
found to be but slight.
That it was clearly established that the cheapness of the goods was
no proof o f their being prison made, as, owing to the cheapness o f labor
abroad, free labor could effectually compete with prison labor, and con
sequently if prison-made goods were prohibited the competition of freelabor goods would be quite as formidable.
3. That in the case of brushes it was further proved that brushes
could be and were made in England by machinery as cheaply as or
cheaper than they can be made by foreign x>rison labor or by any other
description o f labor. That in the case of mats, it was proved that for
eign mats were not made more cheaply in prison than they were made
outside. That the depression in the brush trade and mat trade was, so
far as it existed at all, only connected with the production of the cheai3er
70
F O R E IG N
S T A T IS T IC A L
71
P U B L IC A T IO N S .
descriptions of goods, and that, in tlie case of tiie higher descriptions
o f brushes, it appeared that the production in this country was actually
on the increase.
With respect to the instructions directing the committee to report
whether any, and, if so, what, steps could be taken effectually to restrict
the importation of such goods they answered as follows:
Your committee reply that no cause has been shown for the necessity
to take any steps to restrict the importation of prison-made goods, and
that if causes were shown no steps can be taken to restrict such
importation which would not produce more harm than good. Any
prohibitory legislation would involve administrative action o f a kind
which would be most injurious to trade, which would probably create
international difficulties, and which would fail in effecting the objects
intended.
Vierteljahrshefte zur SlatistiJc des Deutschen Reichs.
Ergdnzungsheft
enthaltend Hauptergebnisse der Berufszdhlung vom 14. Jun i 1895 im
Deutschen Reich. Jahrgang 1896. Herausgegeben vom kaiserliclien
statistischen Amt.
125 pp.
This is a supplement to the regular quarterly bulletin of the imperial
statistical bureau and is published for the purpose of presenting in a
preliminary form some of the results of the census of occupations
taken June 15,1895.
In this publication the individual occupations are not given, the
population being grouped only according to sex, to the industry in
which engaged, and to condition. Condition shows whether they are
earning a livelihood in the various occupations, are engaged as
domestic servants, are dependents, or are without occupations but not
dependent directly upon members of their families. They are also
grouped according to principal and secondary occupations.
A comparison of the figures for 1895 with those obtained from a
census taken in 1882 shows some interesting results. The population
of the German Empire in 1895 was 51,770,284, an increase of 6,548,171
since 1882. The following statement shows the population classified
according to sex and condition:
POPULATION OF THE GERMAN EMPIRE, BY SEX AND CONDITION.
Males.
1895.
Condition.
Females.
1882.
1895.
1882.
Percent
Percent
Percent
Percent
of total
of total
of total
of total
male Number.
male Number. female Number. female
Number.
popu
popu
popu
popu
lation.
lation.
lation.
lation.
Persons gaining a
livelihood in va
rious occupations 15,506,682
25,364
Domestic sorvants.
Dependents............ 8,850,061
Persons having no
occupation.......... 1,027,052
Total............ 25,409,159
61.03
.10
34.83
13,372,905
42,510
8,082,973
4.04
652,361
60.38 5,264,408
.19 1,313,954
36.49 18,667,214
2.94
1,115,549
100.00 22,150,749 100.00 26, 361,125
19.97
4.99
70.81
4, 259,103
1, 282,414
16,827,722
4.23
702,125
3.04
100.00 23, 071, 364
100.00
18.46
5. 56
72.94
72
B U L L E T IN
OF
THE
DEPARTM ENT
OF
LABOR.
A noticeable feature o f the above table is the relative increase in
the number of females who are earning a livelihood or are otherwise
independently situated and the corresponding relative decrease in the
number o f women who are domestic servants and dependents.
In regard to the engagement o f the population in the various
occupations, the present census considers 207, while in that of 1882
there were 153 occupations considered. The following table shows
the distribution of the population among the various industries.
Those engaged as domestic servants, Government and ecclesiastical
employees, professional men, and those having no occupation are not
included.
POPULATION OP THE GERMAN EMPIRE ENGAGED IN VARIOUS INDUSTRIES.
Persons earning a liveli
hood at their principal
occupations.
Industry.
1895.
1882.
Total persons dependent
upon the industry.
1895.
1882.
Per
cent.
Per
cent.
8,156,045
136,647
567,774
501,315
862,035
385,223
102,923
43.13
.72
3.00
2.65
4.56
2.04
.54
50.12 18,068,663
432,644
.72
2.72 1,847,307
2.05 1,316,641
3.26 2,152,789
1.76 1,041.127
.36
289,526
40.40
.97
4.13
2.94
4.81
2.33
.65
47.32
.97
3.39
2.25
3.37
2.01
.42
42,997
945,191
135,863
168,358
647, 019
878,163
1,513,124
1,353,447
119,291
.23
5.00
.72
89
3.42
4.64
8.00
7.16
.63
.19
5.25
.56
.80
3.22
4.09
8.23
5.84
.43
134,070
1,899,904
306, 547
429, 327
1,688,592
2,078,607
2,973,700
3,705,773
251,503
.30
4.25
.68
.96
3.78
4.65
6.65
8.29
.56
.24
4.65
.50
.83
3.45
4.29
6.86
6.98
.37
28,546
.15
.15
61,080
.14
.13
29,961
1,205,133
25,384
615, 331
492,660
.16
6.37
.13
3.25
2.61
.56
5.20
.07
2.70
1.72
76,748
2, 939, 619
69,664
2,002, 706
954,856
.17
6.57
.16
4.48
2.13
.59
5.73
.09
3.66
1.90
Total...................................................... 18,912,430
100.00
100.00 44,721,393 100.00
100.00
Number.
Agriculture, gardening and live stock........
Forestry and fisheries....................................
Mining, smelting, salt, and peat extraction.
Stone work and earthenware........................
Metal work....................................................
Machinery, tools, instruments, etc...............
Chemicals.......................................................
Forestry products, lighting materials,
grease, oils, and varnishes.........................
Textiles..........................................................
Paper..............................................................
Leather................................................. ........
Woodenware and carved goods.....................
Fuod products...............................................
Clothing.........................................................
Building trades..............................................
Printing and publishing...............................
Painting, sculpture, decoration, and artistic
work of all kinds.........................................
Manufacturers, factory hands, artisans, etc.,
of whom the industry cannot be classified.
Commercial pursuits.................................. .
Insurance............................ ..........................
Transportation..............................................
Hotels, restaurants, etc.................................
Number.
Per
cent.
Per
cent.
It will be observed that there is a relative decrease in the number of
persons engaged in agricultural pursuits and in the textile and clothing
industries, while a relative increase is shown in the number engaged
in the other industries. The population engaged in stonework and
earthenware, food products, transportation, metal work, building trades,
hotels and restaurants, and commercial pursuits has shown the most
marked increase.
The census of occupations in detail will be shown in future special
publications.
F O R E IG N
S T A T IS T IC A L
P U B L IC A T IO N S .
73
Im
Auftrage des kgl. ungarisclien statistischen Bureau’s yerfasst von
Gustav Bokor. Herausgegeben vom kgl. ungarisehen statistischen
Bureau. 1896. v, 291 pp.
Qesehichte und Organisation der amtlichen Statistic in TJngarn.
April 18, 1896, marked the twenty-fifth anniversary of the creation
of a central bureau for the collection of official statistics for the King
dom of Hungary. The above work was published as a memorial of the
event. It contains a history of statistical work in Hungary covering
not only the twenty-five years mentioned, but going back to the very
earliest statistical efforts.
The author gives an account o f the organization and development of
official statistical work in Hungary, especially since the creation o f the
bureau in 1871, and describes in detail some of the more important
statistical undertakings, notably those relating to population, foreign
trade, and agriculture. Very little has been done in the field of social
statistics, but with respect to this class of work the author expresses
the opinion that it will be of the greatest importance in the future.
An appendix contains a digest of laws relating to statistical work
and a list of official statistical publications of the Hungarian Kingdom
since 1868.
OFFICIAL BULLETINS OF FOREIGN LABOR BUREAUS.
In Bulletin No. 1 a notice was given o f the labor bureaus which had
been created by different foreign Governments. Since then the reports
o f these bureaus have been regularly noticed and their contents sum
marized in the bulletins. In addition to these regular reports, sev
eral o f the bureaus issue monthly reviews devoted to chronicling the
principal happenings in the labor world. The contents o f these reviews
being o f such a varied nature can not well be summarized. In the fol
lowing account the effort is made to show the general character o f the
contents of these reviews, together with the occasional reproduction of
certain matter that is o f general interest.
L abor G azette: Journal o f the L ab or D epartm ent o f the B ritish B oa rd
Published monthly. Yol. I, May-December, 1803 5 Yol.
II, 1894; Yol. I ll, 1895; Yol. IY , 1896.
o f Trade .
The issue of the Labor Gazette by the English labor department
was commenced in May, 1893. In an introductory note to the first
number the objects o f the publication are clearly set forth. It was
declared to be u a journal for the use of workmen and all others inter
ested in obtaining prompt and accurate information on matters specially
affecting labor.”
In securing this information especial use is made of the material
bearing on labor which is already collected by various Government
bureaus, but which is not readily accessible to the workingmen, either
because it is buried in large and expensive publications or because the
workingmen have not as a rule the means of knowing where and how
it can be obtained. Such, for instance, is the information obtained from
the registrar o f friendly societies concerning mutual aid societies,
trades unions, cooperative organizations, etc., or from the inspectors of
factories concerning accidents and the condition of labor in factories.
In the second place, the effort is made to secure the cooperation ot
trade unions, employers’ associations, and other organizations in secur
ing information concerning subjects with which they are specially con
cerned. Finally, through the consular officers and other sources, the
attempt is made to follow the labor movement in foreign countries.
The Gazette as published, therefore, is for the most part devoted to
giving information on certain definite subjects which are treated in
every issue. Each number thus gives:
74
B U L L E T IN S
OF
F O R E IG N
LABOR
BUREAUS.
75
1. A summary o f employment during tlie month, devoted to showing
the extent of employment of labor in different localities and industries.
2. A record of strikes and lockouts and their arbitration and con
ciliation.
3. Prosecutions under the factory and workshop, mines, and other
labor acts.
4 Jurisprudence—judicial decisions relating to labor rights and
duties.
5. Changes o f rates of wages and hours of labor based upon data
obtained from local correspondents, employers, trade unions, and other
sources.
6. Accidents to laborers in factories, mines, and on railways.
7. Industrial organizations registered or dissolved.
8. The work o f employment bureaus.
9. Statistics o f poor relief furnished by the local government boards.
10. Statistics of emigration and immigration.
11. Statistics o f foreign trade.
12. The labor movement abroad, consisting of notes concerning impor
tant labor happenings in foreign countries.
13. Miscellaneous notices or short articles for the most part based
upon official publications, and reports of industrial organizations and
congresses, giving information on particular subjects of interest, such
as cooperation and profit sharing, workingmen’s insurance, etc.
Bulletin de V Office du Travail , M inistere du Commerce , de VIndustrie,
des P osies et des Telegraphes, France .
Published monthly.
Yol. I,
1894 ; Yol. II, 1895; Yol. I ll, 1890.
The French bureau of labor was created in 1891. It was not until
January, 1894, however, that it commenced the publication of its
monthly bulletin. The purpose and character of this publication are in
almost every respect those of the Labor Gazette of the British labor
department. Each number is divided into distinct parts, each devoted
to chronicling facts in a particular field of social economics. These
sections are as follows:
1. The labor market, or information concerning the activity of
industry and the extent to which labor is employed throughout France.
2. General information concerning social matters, such as contracts
for public works, foreign commerce, business failures, building permits
in Paris, operation of pawn shops in Paris, current prices at Paris,
free employment bureaus, poor relief, the production of coal, iron, and
steel, etc.
3. The trade association movement in France—information concern
ing the organization of trade unions and employers’ associations.
4. Strikes, lockouts, and arbitration and conciliation during the
month.
76
B U L L E T IN
OP
THE
DEPARTM ENT
OF
LABOR.
5.
Provident associations, or the operations o f the national banks for
the insurance o f workingmen against accidents, death, old age, and
invalidity, and the national savings bank. .
0.
The social movement in foreign countries. Under this head are
given notes concerning labor matters in countries other than France,
largely taken from foreign official publications.
7. Laws and official documents—the reproduction of all laws and
official decrees, orders, circulars, etc., relating to the regulation of labor.
8. Jurisprudence— quotations o f decisions of courts interpreting laws
relating to labor.
9. Bibliography—a brief notice o f foreign and domestic official
publications.
R evu e du T ra v a il: P u b lie ep a r VOffice du T ravail de Belgique , M inistere
de V Indu strie et du T ravail .
Published monthly.
Yol. I, 1896.
The royal order of April 12,1895, which organized the labor bureau
of Belgium, provided, among other things, that it should issue a
monthly bulletin in order to give prompt publicity to matters relating
to labor. The scope of this bulletin can best be shown by reproducing
the paragraph of the order in which its character is defined. Article
6 o f this order reads:
The bureau of labor shall publish monthly an official bulletin under
the title of Bevue du Travail. This review must be particularly
devoted to giving information concerning the labor market ; nonem
ployment; industrial conflicts between employers and employees,
whether commenced, in progress, or terminated; arrangements causing
new conditions o f labor; resolutions voted by the councils o f industry
and labor; accidents to labor, and judicial decisions rendered in virtue
of legal provisions concerning responsibility for accidents; measures
taken by public administrations concerning the hygiene and security o f
industrial establishments; the construction of workingmen’s homes;
the development o f mutual aid, cooperative, and savings institutions;
industrial, trade, and housekeeping education; congresses of working
men’s associations, and the work o f societies which concern themselves
with social questions.
It shall also give summary information concerning the fluctuations
of commerce; exports and imports, if necessary; the effects of coloniza
tion ; the retail prices of articles ordinarily consumed by the working
classes, and comparative tables o f wholesale prices in the principal
markets of the world. Finally, it shall give notices concerning the
principal events relating to labor, and the course of labor legislation in
both Belgium and foreign countries.
In pursuance of these provisions the labor bureau has published since
January, 1896, the above-entitled review. The resources of the bureau
have not yet permitted it to fully carry out this programme as outlined
in the order that has just been quoted. As published, each number of
B U L L E T IN S
OF
F O R E IG N
LABOR
BU REAU S.
77
the review contains about 100 pages, and is divided into a number of
distinct departments. These departments are:
1 . The labor market, consisting of information given by special but
unpaid correspondents in the different industrial districts concerning
the extent to which labor is employed, factories are in activity, etc.
The bureau, however, disclaims all responsibility for the accuracy of
the information.
2. Strikes, lockouts, and arbitration, giving a record of labor dis
turbances of the month and their settlement.
3. Mutuality in Belgium, or information concerning the organization
and operation of mutual aid societies of all kinds.
4. The trade association movement in Belgium, or information con
cerning the organization of trade unions among laborers or associations
of employers.
5. Retail prices o f the principal food products in the chief cities of
the Kingdom on the last day of the preceding month.
C. Labor chronicle, or notes concerning the principal events of the
month relating to labor and industry either in Belgium or in other
countries. To a large extent this information consists of excerpts from
foreign official and other publications.
7. Labor legislation—the reproduction either in whole or in part of
laws, both domestic and foreign, relating to labor.
8. Jurisprudence-judicial decisions on questions relating to labor.
9. The inspection of factories and workshops, consisting of reports
from the inspection department, showing the amount of work done, and
a table giving information concerning the number of accidents in
factories, workshops, and mines.
10. Official acts—a reproduction of all official acts or orders concern
ing labor matters.
In addition to these regular departments short notices on other
points are also occasionally given.
Of the information contained in these bulletins, that relating to retail
prices o f food products is of the most general interest to other than
Belgian citizens. Tables are therefore here given showing these prices
as published for February 29 and August 31,1896.
6395—No. 8----- 6 "
78
B U L L E T IN
OF
THE
DEPARTMENT
OF
LA B O R .
RETAIL PRICES OF PRINCIPAL FOODS, ETC., IN BELGIUM, FEBRUARY 29, 1896.
Foods, etc.
Brus
sels.
Ant
werp.
Mech Eecloo. Bruges. Tourlin.
nay.
Na Ter*
Gosselies. mur. viers.
f$0.018 $0.019
($0.018 )
Wheat bread.......... .pound.. $0,023 $0.018 \ to
to
m 021 { to
m 018 $0.019 $0.020
.021 J
l .019
( .025 1
.019
Eye bread............... ...do---.014
.014
.014
.015
f .016
Wheat and rve bread..do___
.019
.018
.018
.017 < to i.......... .018
l .019 J
f .175
.245 )
.245
( .114 )
to
.280 )
to V .263 < to V .219 .271
to
.210
l .333
.280
.315
l .123
( .033
Milk.......................
.026 \ to } .037
.037
.051
.037
.037 .037
.037
l .046 1
f .162
.185
Eggs.......................
.278
.185
.208 \ t0
.208
to } .167 .148
.278
l .185
.204 J
f .175
Butter.................... .pound..
.254 \ to V .228
.228
.228
.219
.136 .263
.280
{ .245 j
f .105
.158 l
Artificial butter ... ...do---to l .149
.123
.158
.114
.105
.160
.123
l .175 J
.105
Tallow....................
.102
.136
.088
.131
.131
.053 .096
.131
f .123 )
( .158
.123
1088
Beef........................
.175
V .158
.166 l
to
to
to f -158
.131
| .219
l .175
.136
.158
f .158 )
Teal.......................
.175 < to [ .201
.175
.175
.158
.140 .158
.149
l .219
[ .105 1
.140 < to i .140
Mutton..................
.158
.158
.158
.158 .158
.158
l .175
f .123
( .088
Pork.......................
.175 J to i .123
.105
.123
.158
to > .140
.131
1 .175
l .123
f .123
to j. . 123
Lard.......................
.140 i
.140
.105
.158
.105
.H4
.131
1 .175
( .005 )
r .006
.013 \ to \ .005
Potatoes................ ...d o ....
.006
.005 \ to } .005
.006
.007
l .009 J
{ .008 J
( .004 )
to i . 006
Salt.........................
.011 )
.011
.004
.009
.004
.006
.094
\ .009
( .088 )
f .066 1
Sugar.......... ...........
.084 J to [ .079 \ to > .088
.105
.075 .079
.074
l .096
[ .079
f .021
to [ .026 \ to [ .035
Eice................ .
.056 )
.018
.044 .044
.022
l .088
l .044
[ .037
Beans.....................
.073 \ to j. .080
.046
.073
.091
.064 .073
.073
l .055
( .105
Codfish, salt............ .pound..
.105 < to [ .114
.140
.088
.061 .123
.053
1 .158
Codfish, dried........ ...d o ....
.105
.105
.175
.114
.123 .131
.105
( .015 )
( .010
Eed herring............
.019 \ to } .015
.031
.023 {
to i .019 .019
.010
l .023 J
l .019 J
( .320 )
Olive o il................
.393 < to [ .457
.511
.475
.256 .365
.274
l .502
f .032 )
Chicory.................. .pound..
.042 l
to \ .031
.035
.035
.044
.032 .044
.044
l .044 J
( .123 )
Cheese.................... ...do___
.210 l
to | .140
.149
.175
.053 .105
.061
l .158
f .263 )
f .201 )
Coal....................... .100 lbs..
.219 1 t0 V .193
.210
.175 \ to ^ .158 .175
.245
l .350 J
l .215 J
r .009
Petroleum .............. .pound..
.012 \ t o \ . 0 1 1
.013
.012
.011
.013 . 0 1 1
.0 1 1
l
.0 1 1
J
B U L L E T IN S
OP
F O R E IG N
LABOR
79
BUREAUS,
RETAIL PRICES OF PRINCIPAL FOODS, ETC , IN BELGIUM, AUGUST 31.1896,
Brus
sels.
Foods, etc.
Wheat bread............ pound.. $0.021
Rye bread..................do----Wheat and rye bread, .do----
.018
.018
Ant
werp.
Mech Eecloo. Bruges. Tourlin.
nay.
($0. 018)
{
W $0,019
.016
.014
.016
.018
r .210 )
.175 1 t0 [ .236
l .298
.037
.029
.037
Coffee..........................do....
.280
Milk.................
quart..
.022
Eggs......................... dozen..
.185
208
.162
.185
Butter......................pound..
.249
.228
.245
.210
Artificial butter.........do-----
.149
Tallow........................do-----
.105
f .096 )
.158 1 t0 [ .131
l .123
.114
.105
.088
Beef.................. ......... do-----
.175
.131
.158
.149
Yeal........................... do-----
.175
.175
.158
.153
. 140
.153
Mutton........ ..............do....
.140
.123
.153
.131
.007
.011
.084
.140
Rice............................do.
.056
Beans....................... quart..
Codfish, salt............ pound..
Codfish, dried............. do----Red herring............... each..
Olive oil.................... quart..
Chicory...................pound..
vucwo............
Coal............. .. .......100 lb&..
Petroleum.......
.073
.105
.105
.019
.402
.042
.210
.219
.022
Na
mur.
Verviers.
$0.019 $0,021 $0.018 $0.018 $0.020
.018
Pork............. ..............do....
Lard.............. ............. do___
Potatoes-------............. do....
Salt............................. do___
Sugar............ . . . . .. . . ..d o ....
Gos
selies.
.074
.131
.105
.088
.006
.004
.008
.011
.005
.006
.061
.079
.088
{ .018 )
\
.026
<
to
1 .031
.064
.064
.131
.105
.105
.105
.053
.105
.015
.012
.015
.493
.365
.457
039
.028
.031
.153
.140
.140
.193
.193
.022
.022
.024
.014
.017
.016
.245
.236
.051
f
.208 \
{
f
.258 <
l
.037
.037
.185
to | .222
.204
.228 )
to \ .280
.236
.096
.131
.140
.131
.131
.061
.088 .088
.105
.088
to \ .123
to
.123
.175
.105 )
to | .175 .158
.131
.123
.166
to | .175
.140
.123 .140
.131
.105
.088
.131
.005
.007 .009
.005
.004 .004
.079
.075 .074
.114
(
. 158 \
{
f
.158 <
l
(
.149 <
l
.123
.105
.006
.004
.079
.193
.158
.018
.019
$0.014
.019
.210
.263
.185
.232
.245
.254
.037
.166
.175
.140
.m
.123
.007
.007
.088
.035
.018
.026
.023
.031
.073
.114
.088
.019
.475
.035
.175
.175
.026
.051
.040
.123
.105
.019
.256
.049
.061
.158
.024
.064
.105
.123
.019
.365
.118
.053
.193
.026
.064
.088
.088
.019
.457
.053
.105
.149
.027
.010
.024
.201
.020
Journal o f the Departm ent o f L a b or: Issu ed by the Departm ent o f L abor
o f F e w Zealand . Published monthly. Yol. I, March-December, 1893;
Yol. II, 1894; Yol. I ll, 1895; Yol. IY, 1896.
This publication was commenced in March, 1893, under the title of
Journal o f Commerce and Labor. In August of the same year its
name was changed to its present title. The greater part of each num
ber is taken up with the reproduction of statistics which have appeared
in British and American reviews relating to labor questions. Its origi
nal matter consists of sections giving the condition of the labor market
in different parts o f the country, notes concerning labor conditions
and occurrences in foreign countries, and statistics of commerce, cus
toms, and shipping.
DECISIONS OF COUBTS AFFECTING LABOR.
[This subject, begun in Bulletin No. 2, will be continued in successive issues, deal
ing with the decisions as they occur. All material parts of the decisions are repro
duced in the words o f the courts, indicated, when short, by quotation marks, and
when long by being printed solid. In order to save space immaterial matter, needed
simply by way o f explanation, is given in the words o f the editorial reviser.]
DECISIONS UNDER STATUTORY LAW .
Em
ployers’
L ia b il it y — R a il r o a d
C o m p a n i e s — Bloom quist
v.
was
an action brought in the district court of Hennepin County, Minn.,
to recover damages for personal injuries suffered by the plaintiff, while
in the employment of the defendant, through the alleged negligence of
a fellow-servant. The plaintiff based his suit upon section 2701 o f the
General Statutes of 1894, which reads in part as follows:
u Every railroad corporation owning or operating a railroad in this
State shall be liable for all damages sustained by any agent or servant
thereof by reason of the negligence of any other agent or servant
thereof, without contributory negligence on his part, when sustained
within this State,” * * *. The defendant demurred to the plain
tiff’s complaint and the district court issued an order sustaining said
demurrer. From said order the plaintiff appealed to the supreme court
of the State, which rendered its decision June 8,1896, and reversed the
order of the lower court. From the opinion of the supreme court,
delivered by Judge Mitchell, the following, containing a statement of
the facts in the case, is quoted:
Great Northern B y . Go.
67 N orthwestern R eporter, page 804 .—This
The question presented by the demurrer to the complaint was whether
the facts alleged brought the case within the operation of general laws,
1887, chapter 13 (Gen. St. 1894, § 2701), making railway companies liable
to their servants for damages caused by the negligence of a fellowservant. The allegations of the complaint were that plaintiff was
employed by the defendant as one of a crew o f section hands, who were
engaged in repairing defendant’s track; that while he with the rest of
the crew were engaged in the performance of their duties, it became nec
essary for them to take up from the main track a heavy iron rail, in order
to remove the old ties and replace them with new ones, and for that pur
pose it became necessary to lift and carry the rail, * * * and in so
doing it was necessary to use great and extraordinary haste, so as to
accomplish the work of replacing the rail before the approach of a com
ing train; that while the rail was being thus moved and carried by the
plaintiff and another section man, who were ordered by the section
foreman to make haste, so that the track' might be put in order so as to
80
D E C IS IO N S
OF
COURTS
A F F E C T IN G
LABOR.
81
avert danger to a then approaching train, plaintiff’s fellow-servant, who
was engaged with him in carrying the rail, negligently and suddenly
released his hold of the rail, and dropped the same, by reason whereof
plaintiff suffered the injuries complained of.
The language of the act is broad enough to include any injury sus
tained by any railway employee, in any capacity, through the negli
gence of any other employee of the railroad in the same or any other
capacity.
In order to sustain the law, we have, by judicial construction, limited
its operation to those employees of railroads who are exposed to the
peculiar dangers attending the operation of railroads, or what are, for
brevity, called “ railroad dangers.” But, as the general language of the
act has been thus limited for the sole purpose of sustaining its validity,
we think it ought not to be limited further than is necessary for that
purpose.
W e have held that the test is not whether the conditions are in some
respects parallel to those to be found in some other kinds of business,
or whether the appliances are, in some respects, similar to those used in
some other kinds of business, but that if there is any substantial ele
ment of hazard or condition of danger which contributed to the injury,
and which is peculiar to the railroad business, the statute applies.
We think that under the allegations of the complaint it can be fairly
said that the plaintiff’s employment involved an element of hazard or
condition of danger peculiar to the railroad business, and intimately
connected with and growing out of the operation of the road, to wit,
that he was engaged in repairing the track upon which trains were
operated, and that, in view of that fact, the work had to be done with
great and unusual haste, in order to avoid danger to trains that were
or might be approaching. W e therefore think that the complaint stated
a cause of action, and that the demurrer ought to have been overruled.
Order reversed.
Em
tory
ployers’
L ia b il it y — U
nblocked
R a il w
ay
F r o g — C o n t r ib u
N e g l i g e n c e — Lake B r ie and W estern B y . Go. v. Craig.
73 Fed-
eral Reporter, page 642 .—Suit
was brought in the United States circuit
court for the western division of the northern district of Ohio by
Frank B. Craig against the railroad company to recover damages for
injuries received in the railroad yard at Lima, Ohio, while acting as
foreman of night switching crew. Said injury was caused by his
catching his foot in a frog which was unblocked, and thus being
unable to get out of the way of cars which were being pushed or
u kicked ” up a switch. A judgment was rendered for Craig, and the
railroad company brought the case on writ of error to the United
States circuit court of appeals, Sixth circuit, and said court rendered
its decision January 30,1896, and reversed the judgment of the lower
court. In the opinion of said court, delivered by Circuit Judge Taft,
among the questions decided, was the following:
The liability of the defendant railroad company was asserted by the
plaintiff on the ground that it had failed to block a railroad frog in its
yard at Lima, in violation of a statute of Ohio passed March 23,1888
(85 Ohio Law, 105), requiring all railway corporations operating rail
82
B U L L E T IN
OF
THE
DEPARTM ENT
OF
LABO R.
ways ill the State to block or fill suck frogs, for the safety of their
employees, and imposing a punishment for failure to do so. W e have
already held, in railroad company v. Yan Horne, 16 0. 0. A., 182, 69
Fed., 139, that the effect of this statute is to make a failure by a railroad
company to comply with it negligence, as matter of law. This is the
ruling of* the supreme court of Ohio in construing an analogous statute
enacted to compel mine owners to adopt safety appliances for their
employees. Krause v. Morgan (Ohio sup.) 40 K. E., 886. The statute
does not, however, prevent the master, in such cases, from escaping
liability, if the employee injured by the master’s noncompliance with
the statute is himself guilty of contributory negligence. This is ex
pressly ruled by the supreme court of Ohio in the ease cited, where,
after an elaborate review of the authorities in other States, Judge
Speer, speaking for the court, sums up its conclusions as follows:
“ While the statute, as we construe it, does not make the operator of
the mine absolutely liable to a party injured by an explosion of gas,
where the operator has not complied with the statute, such conduct is
negligence per se; and the employer can not escape liability by showing
that he took other means to protect the workmen, equally efficacious.
Proof of failure to obey the statute is all that is necessary to establish
negligence on the part of the operator, but the statute does not change
the well-established rule that, where one has been guilty of negligence
that may result in injury to others, still the others are bound to exercise
ordinary care to avoid injury.”
This was the view which the trial court took of the statute, and it
was correct.
L i e n s — C o n s t r u c t i o n o f S t a t u t e — B reault v. A reh a m and L a n e 'v . Same . 67 N orthwestern R ep orter,p a g e 848 .—
The actions were brought in the district court of St. Louis County,
Minn., to enforce log liens under the provisions o f Gen. St., 1894,
sections 2451-2464, inclusive, and were argued and submitted together.
A verdict was rendered for the plaintiffs, and from orders refusing new
trials the defendants appealed to the supreme court o f the State, which
rendered its decision May 14,1896, and affirmed the judgment of the
lower court. The opinion o f said court was delivered by Judge Collins,
and the syllabus o f the same, prepared by the court itself, is quoted
below:
L
o g g in g
bault et ah,
1 . Under the provisions of the log-lien law (Gen. St., 1894, §§ 24512464, inclusive), a cook and his assistant, employed at a logging camp
for the purpose o f cooking for the men actually and directly engaged in
cutting, hauling, and banking logs, are entitled to liens upon such logs
for the amount due for such services.
2 . H eld , further, that a blacksmith employed at such camp in shoeing
the horses, in repairing the sleds, and in mending and keeping in order
tools used by the men actually and directly employed in the common
enterprise, is also entitled to a lien upon the logs.
3. The manual labor which a lien is given under section 2451 is not
merely the personal labor of a lien claimant, but includes labor per
formed by his teams and servants under a contract for a gross price per
month for both.
D E C IS IO N S
The
F
ellow
OF
-S e r v a n t
COURTS
A
ct
of
A F F E C T IN G
Texas— Street
R iley v. Galveston City R a ilw a y Company.
page 826 .—Tins
LABOR.
83
R a il r o a d s —
35 Southwestern R eporter ,
action was brought in the district court of Galveston
County, Tex., by John Riley, against a street railroad company, to
recover damages for injuries received while in the employ of said com
pany. A judgment was rendered for the defendant company, and the
plaintiff appealed the case to the court of civil appeals of the State.
Said court rendered its decision April 30,1896, and affirmed the judg
ment o f the court below. The fellow-servant act of Texas (chapter 91,
acts o f 1893) defines who are and who are not fellow-servants, and by
its terms is confined in its application to “ all persons engaged in the
service o f any railroad corporation.” The question was raised and
decided in this case as to whether the words u any railroad corpora
tion ” covered a street railroad company. The opinion of the court of
civil appeals, delivered by Judge Pleasants, gives the pertinent facts
in the case, and the following is quoted therefrom:
Therecord presents two questions—one of fact, and one of law—which,
if determined adversely to appellant, will necessitate an affirmance of the
judgment appealed from. The appellant, while in the service of appellee,
the evidence shows, was injured by falling from a stepladder upon which
he was standing for the purpose of placing a wire through an insulator.
In this work he was assisted by Payne and one other servant of the
defendant company, Payne being the foreman under whose immediate
direction and supervision the work was being done. Having placed
the wire (a large one, NTo. 4) upon the insulator, which was smaller than
it should have been, considering the size of the wire, appellant directed
his assistants to pull it, they being on the ground, and having hold of
one part o f the wire, and the appellant another part. When his assist
ants had pulled sufficiently, in the judgment of appellant, he ordered
them to desist 5but Payne, disregarding this order, assisted by the other
employee, gave another pull upon the wire, which caused it to slip from
the insulator, and to strike appellant and throw him to the ground, a
distance o f 7 feet, and by the fall one of his legs was broken. The
evidence establishes clearly that Payne was the foreman of the gang,
and that appellant was subject to his orders; but whether Payne had
authority from the defendant company to employ and discharge those
who worked under him is a question upon which the evidence is con
flicting, but we are of the opinion that there was sufficient evidence
before the court to sustain the finding that Payne did not have such
authority. Such being the case, Payne was the fellow-servant of
appellant, unless the act known as the u fellow-servant’s act” includes
within its provisions the employees of street railways.
While there is no direct decision, that we are aware of, by our supreme
court on this question, it is strongly intimated in Railway Co. v. Groethe,
88 Tex., 262, 31 S. W., 196, that that act does not apply to street rail
ways. The many and great dangers to life and limb to which the
numerous persons engaged in operating railroads whose cars were
moved by steam were exposed, and the many different departments of
labor in which such operatives were employed, were doubtless the prin
cipal reasons which induced the legislature to modify the rule of law
heretofore governing the relation of master and servant, and prescrib
ing their reciprocal duties and liabilities. But these reasons for chang
ing the law do not exist in respect to those engaged in operating street
84
B U L L E T IN
OF
THE
DEPARTM ENT
OF
LABOR.
railways. The same article o f the Bevised Statutes which authorizes
the creation o f a private corporation for the construction and mainte
nance of a street railway authorizes also private corporations for the
following purposes: For manufacturing or mining business ; for the man
ufacture and supply of gas; for the supply of light or heat to the pub
lic by any means; for the building and navigation of steamboats, and
the carriage of persons and property thereon; for the construction and
maintenance of mills and gins. The employees of anyone o f these cor
porations are exposed to quite as great and as many risks as are the
employees of street railways, and yet the legislature has not thought it
necessary to make any change in the law for their protection. These
considerations are persuasive, if not conclusive, that the intention of
the legislature in passing the fellow-servants7 act was not to include
street railways within its provisions, and that the words “ any railway
corporation 77in the first section of the act, should be restricted to the
usual and popular import of that term, and that the act should be held
not to embrace railways constructed and maintained upon streets and
other highways in and contiguous to cities and towns for carrying persons.
The supreme court o f Kentucky, in the case o f Louisville and P. B.
Oo. v. Louisville City By. Co., held that a “ railroad 77or “ railway 77 are,
in both their technical and popular import, as distinct and different
things as a “ road 77 and a “ street,77 or as a “ bridge 77 and a “ railroad
bridge .77 This was a case involving the interpretation of an act of the
legislature which, in furtherance of a certain railroad then in existence,
and in which the State had an interest, declared that no other railroad
should be constructed in certain streets in the city of Louisville. Sub
sequent to this act a street railway was organized, and, under license
from the city, commenced to lay its track; and the railroad sought to
enjoin the street railway company, and the injunction was denied on
the ground as given above. (2 Duv., 175.)
The supreme court of Washington in the case of Bailway Co. v.
Johnson, 25 Pac., 1084, following the Kentucky decision, supra, holds
that an act giving a lien upon railroads had no application to street
railways. A further distinction between a “ railway corporation 77 or
“ railroad corporation 77and a “ street railway corporation 77is this: That
the former owns, not only its track and roadbed, but its right to their
use and occupation is exclusive, while the latter owns no roadbed, nor
is its occupancy o f that portion o f the street on which its track is laid
exclusive, but it is only a licensee of the city, with privilege to use the
street in common with the public. Our conclusion, therefore, is that
the act known as the “ fellow-servants7 act,77 and entitled “ An act to
define who are fellow-servants and who are not fellow-servants,77etc.,
and approved May 4, 1893, does not apply to street railways. The
judgment o f the lower court is affirmed.
DECISIONS UNDEB COMMON LAW .
D u t y , e t c . — W ood v. H eiges.
original action was brought in the
court o f common pleas of Maryland by William D. Heiges against
Frederick W . Wood, receiver of the Maryland Steel Company, a body
corporate, for damages for injuries sustained in the works o f said com
pany while engaged in the service of the receiver. A judgment was
rendered for the plaintiff, Heiges, and Wood, the receiver, appealed to
E
m ployers7
L ia b il it y — M
asters7
34 A tla n tic R eporter , page 872 .—The
D E C IS IO N S
OP
COURTS
A F F E C T IN G
LABOR.
85
the court o f appeals of the State. Said court rendered its decision
March 26, 1896, and reversed the decision of the lower court. The
evidence showed that Heiges was injured by being struck by a piece of
flying iron in the breaking of defective castings; that he was kept at
work about 25 feet from the breaking machine, which consisted of an
arrangement by which a heavy iron ball was raised to the roof of the
building and allowed to fall upon the castings to be broken; that he
had seen the machine operated for months, but theretofore the broken
pieces of iron had only flown a short distance; that he was given warn
ing o f the drop o f the ball in time to have permitted him to get to a
safer place if he had desired, and that the machine was m perfect con
dition, was perfectly operated, and similar machines were used in other
foundries.
In the opinion o f the court of appeals, delivered by Judge Page, the
following language was used:
It was not contended, either in this court or below, that the drop
machine was not in perfect condition, or that it was not operated by a
thoroughly skillful workman. But it was insisted that the machine
was dangerous and unsafe, and that the appellant should have provided
additional protection to those whose duty it became to work in its
vicinity.
The liabilities of the master to his employees have been considered
by this court in too many cases to require here more than a statement
of the general principles applicable to the subject. When a servant
engages to perform certain services, for a compensation, it is implied
as a part o f the contract that, as between himself and his employer, he
assumes all the risks incident to the service. And these risks include
such as arise from the hazardous character of the service, and from the
negligence of other servants in the same employment, even though
they may be in a different grade.
But the master himself is bound to use ordinary (that is, due and
reasonable) care and diligence to provide proper materials and appli
ances to do the work, and in the selection and employment of competent
and careful fellow-servants. In addition to this, the master can not
negligently expose the servant to such extraordinary perils, in the
course o f the employment, as that the servant, from the want of
knowledge, skill, or physical ability, can not, by ordinary care and
prudence, under all the circumstances of the case, guard himself
against them. Yet, while the master is thus bound to protect his
employees, there is no contract obligation imposed upon him to provide
machinery o f any particular description. His obligations extend no
further than to require him to use that care which ordinary prudence,
and the exigencies o f the situation, require, in providing the servant
with machinery or other instrumentalities safe for use by him. If a
servant has knowledge of the circumstances under which the employer
carries on his business, and chooses to accept the employment, or con
tinue in it, he assumes such risks incident to the discharge of his
duties as are open or obvious. In such cases it is not a question
whether the place prepared for him to occupy, and which he assents to
accept, might, with reasonable care, have been made more safe. His
assent dispenses with the performance on the part of the master of the
duty to make it so.
86
B U L L E T IN
OF
THE
DEPARTM ENT
OF
LABOR.
Where, however, the risks to which the servant is subjected are such
as he had no reason to believe, from the nature of his employment, he
would have to encounter, and such risks arise from causes hidden or
secret, or such as would reasonably escaj^e his observation, the master
is bound to notify his servant, provided he himself knew, or by the
exercise o f ordinary care ought have known, of them.
The master is therefore not ail insurer of the servant’s safety. He
can not be bound for his servant’s injury without being chargeable with
some neglect of duty, measured by the standard of ordinary care. On
the other hand, the servant is under an obligation to provide for his
own safety when danger is either known to him, or discoverable by
the exercise o f ordinary care. He must take ordinary care to learn the
dangers which are likely to beset him, and where the servant is as well
acquainted as the master with the dangerous nature of the instrument
used, he can not recover.
In the case at bar the appliance used for the breaking of castings
was in perfect condition, and operated by a competent and skillful per
son. It was constructed on the plan adopted and used in other
foundries. In all their experience in operating it, none of the witnesses
had ever seen pieces fly so far before. Heiges had seen the breaking
o f castings with the crane for more than two months. He had wit
nessed the construction of the drop, had watched the ball hoisted to the
roof, and had observed what impression was made on the ingot to
be broken. For two weeks he had been a daily witness of the process,
and, presumably being a person of average intelligence, must have
known as well as anyone the risks and dangers attending its use. He
did not know that pieces of iron would fly 25 feet, nor did anyone.
He received two warnings that the ball was about to drop, once when
the engine stopped, and again when McAfee cried out “ Heads up!”
Either warning was in time to enable him to retreat to a greater dis
tance, and though the cylinder head was on his right, the car truck
in front, and a hydraulic plunger 6 or 8 feet behind him, the proof
establishes the fact that there was a clear way still open to him.
Now, despite his knowledge o f the machine, its effect upon the cast
ings, and his double warning, either through inattention or careless
ness, or a feeling of security, he merely raised himself up. Then the
unexpected happened. He saw the iron flying toward him. It was too
late to avert the danger, and he was injured.
With our view of the law, as stated, we can perceive here no evidence
of neglect on the part o f the receiver. He employed due and reasonable
diligence, having respect to the natureof service, to provide proper mate
rials, appliances, and instrumentalities for doing the work, u and to select
competent and skillful persons” to manage them. But, apart from this,
we are o f opinion that there is another ground upon which the plaintiff
is not entitled to recover. He accepted employment to work in the
foundry, with a full knowledge of all the circumstances under which the
business was conducted, and continued in it after the drop was put up.
His duty was that o f a molder, chipper of castings, and general laborer.
Such duty required him to work in all parts of the foundry. On the
particular occasion on which he was injured, he accepted the position
assigned him to discharge an ordinary duty, within the scope of his
employment, with a full knowledge of all its surroundings and dangers,
without remonstrance; and,having done so, “ he must abide the conse
quences, so far as any claim against the employer is concerned.”
It has already been said that the master is not obliged to provide
machinery similar to that used in other establishments, though that may
D E C IS IO N S
OF
COURTS
A F F E C T IN G
LABOR.
87
be less dangerous. The issue was whether the particular machinery was
proper and suitable, and that was to be determined by its actual condi
tion, and not by comparing it with other machines. Judgment reversed
without a new trial.
E
m ployers’
L i a b i l i t y — K a i l r o a d C o m p a n i e s — H ouston and T.
35 Southwestern Reporter, page 851 .—This was
an action brought in the district court of Harris County, Tex., by M.
Strycliarski, to recover damages for injuries received while in the
employ of the Houston and Texas Central Kailway Company. Judg
ment was rendered for the plaintiff and the company appealed to the
court of civil appeals of the State, which rendered its decision March
26,1896, and affirmed the judgment of the lower court. The plaintiff,
one of whose duties it was to fill the water tanks of cars, xilaced a lad
der against a car standing with others on the track, and stood upon it,
holding a hose, through which the water ran into the tank in the car
through a hole in the roof. While so engaged, a switch engine
approached the stationary cars, unobserved by plaintiff, and struck the
rear car with sufficient force to upset the ladder and throw the plaintiff
to the ground. There was no provision, by rule or otherwise, for the
giving o f notice before a coupling was made, the employees being
expected to look out for such dangers and protect themselves; but plain
tiff testified that on all previous occasions he had been warned, and had
time to get out o f danger before the cars were struck. Before this
occasion, however, he had been engaged either in the Pullman sleeper,
after its return to the main track, or in the coaches, cleaning closets,
and the coupling had been made from the front. His exposure was
different, on the night he was injured, from what it had previously been.
His immediate superior, when giving him instructions about supplying
the car with water, gave him no information or warning as to the change
to be made in the manner of coupling, nor had he ever told him of it,
or of the requirement that employees must look out for their own safety.
The opinion of the court, delivered by Judge Williams, contains the
following:
Plaintiff for many years had been in the service of this company, in
different capacities, and had worked in the neighborhood of the depot
at Houston, where he was hurt. About a week before he had received
his injuries he was changed from his then occupation of cleaning sta
tionary cars standing in sheds and on the tracks, and was put to per
form the service in which he was hurt. This consisted, in a general
way, o f filling with water the tanks and cleaning out the water-closets
in the cars o f incoming and outgoing trains. His own evidence and
that o f his superior, Bloxsom, who had the power to employ and dis
charge such servants, and was the representative of the company, show
that his previous experience was not sufficient to qualify him, without
further instructions, for the new work, and that, in his new situation,
there were risks which were not incident to his old, against which ordi
nary care for his safety required warning from the superior.
C. B y . Co. v. StrycharsJH.
88
B U L L E T IN
OP
THE
DEPARTM ENT
OF
LABOR.
In view o f the verdict of the jury, we conclude that by the change in
the method of handling the cars on the night in question, plaintiff was
exposed to a danger o f which he was ignorant, and which his experience
did not enable him to foresee; and that Bloxsom knew, or, by ordinary
care, could have known it ; and that such care would have required him
to notify plaintiff of such danger; and that, in omitting to do so, he was
guilty of negligence, which helped to cause plaintiff’s injury. W e fur
ther conclude that plaintiff was not guilty of negligence in failing to
discover his danger before he was hurt, and that he did not assume the
risk resulting from the absence of the regulation [for giving notice of
dangerj, as he supposed there was one.
From these conclusions of fact, it results that plaintiff became entitled
to recover of the receiver damages for his injuries. When the servant
is inexperienced in the work which he is doing, and, with the knowledge
of the master, is exposed to a danger o f which he is ignorant, it is the
duty o f the latter to warn him; and when he fails to do so, and injury
results to the servant, the master is liable. It is also the duty o f the
master, when engaged in a complex business, such as that in which the
services of plaintiff were engaged, to adopt definite rules and regula
tions for the safety and protection of the employees. As plaintiff, under
the evidence now before us, was situated so that he could not reasonably
protect himself by watching out for the return of the switch engine
with the cars attached, some method o f warning was absolutely neces
sary for his safety, and the failure of the employer to provide for it
entitles plaintiff to compensation for his injuries.
Em
ployers*
L ia b il it y — B
a il r o a d
C o m p a n i e s — H ouston and T. G.
case was
brought before the court of civil appeals of Texas on appeal from the
district court o f Washington County, where a judgment had been
rendered for the plaintiff, Addie E. Kelly. The original action was
brought to recover damages for the death o f one Frank Kelly, aused
by a wreck on the Houston and Texas Central Bailroad in January,
1893. The court o f civil appeals rendered its decision April 30,1896,
sustaining the judgment of the lower court, and deciding, among other
points, that a servant is entitled to recover for an injury sustained by
the joint negligence o f the master and fellow-servants.
In its opinion, delivered by Judge Pleasants, the following language
is used:
B y . Go. v. K e lly .
35 Southwestern R eporter , page 878 .—This
The proposition submitted under the fourth and fifth assignments of
error is that, “ if fast running contributed proximately to the accident,
the train being operated at the time by fellow-servants of the deceased,
the plaintiff could not recover.** This proposition is not correct. I f
the accident was caused partly by the fast running o f the train, and
partly by the defects in the rail and the car wheel, and such defects
were the result of the negligence of the defendant, it will not be denied
that the deceased, if without contributory negligence on his part, might
have recovered; and yet the u fast running of the train,** through the
negligence of the fellow-servants of the deceased, u contributed proxi
mately to the accident.’* I f injury result to the servant from the joint
negligence of the master and fellow-servants, the master is liable.
D E C IS IO N S
M easure
of
D
OF
am ages
COURTS
for
W
Appleton Manufacturing Company .
A F F E C T IN G
rongful
D
89
LABOR,
is c h a r g e —
Babcock v.
67 Northwestern R eporter, page 3 3 .—
This action was brought in the circuit court of Outagamie County,
Wis., by Havilali Babcock against the Appleton Manufacturing Com.
pany to recover a balance of $60, wages as traveling agent, alleged to
be due on contract. He entered into a contract with the company
to work for it for a term of years for a stipulated sum per month, and
the contract contained a stipulation that either party should have the
right to terminate the contract on giving sixty days’ notice. He worked
for the company a short time, when he was discharged without notice,
having been paid up to the time of such discharge. He brought the
suit to recover for sixty days’ wages at the contract price, and judgment
was given in his favor. The defendant appealed to the supreme court
of the State, and the decision of said court, affirming the judgment of
the lower court, was rendered April 14, 1896.
The opinion of the court, delivered by Judge Marshall, contains the
following:
It is claimed on thg part of appellant that the court erred in allow
ing plan tiff full wages for the sixty days; that the proper rule is the
difference between the wages agreed upon and the amount the employee
earned, or might reasonably have earned, in other employment; and
that it was incumbent on the plaintiff to show how much less he was
able to earn than he was to receive under the contract. The rule of
damages is as claimed, but not the rule in respect to the burden of
proof. In such a case, what the employee earned, or might have earned,
defendant is only entitled to by way of mitigation of damages. It is a
matter o f recoupment, which it is incumbent upon defendant to set up
and establish.
In Barker v. Insurance Co., 24 Wis., 630, it is stated, in effect, that
while the rule is, in case an employee is discharged, without cause,
before the expiration of his term, in a suit by him against his employer
for wages for the balance of such term, that the damages may be
reduced by the amount which he did earn, or might reasonably have
earned, elsewhere, yet the burden is upon the defendant to show affirm
atively that plaintiff did in fact earn elsewhere, or might have had
employment and compensation therefor, and the probable amount of it,
and, if he offers no evidence on the subject, then no question is pre
sented in regard to mitigation of damages, under such rule, to be passed
upon by either court or jury.
U
n a u t h o r iz e d
D is c h a r g e
of
Se r v a n t — D
am ages—
35 Southwestern R eporter, page 42 4 .—The
E fr o n et al.
original action
was brought in the county court o f Limestone County, Tex., by I. K.
Clayton against A. Efron & Co., to recover damages for breach of a
contract of employment. There was a judgment rendered for the plain
tiff for the full amount sued for, and the defendants appealed to the
court of civil appeals of the State, which rendered its decision March
11, 1896, sustaining the judgment of the lower court. The evidence
v. Clayton.
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sliowecl that Clayton entered into a contract with Efron & Co., by
which they employed him as a clerk for the cotton season, commencing
about the 15th of August, 1893, and expiring about the 15th of April,
1894, at a salary o f $1,500, agreeing to pay him also 25 cents per bale
on all cotton sold to English merchants during said period, such salary
and commissions to be paid monthly, if required. Plaintiff alleged in
his petition that in accordance with the contract he entered upon and
continued in the employ of appellants for said period, and continued
therein three months, ending on the 15th day of November, 1893, at
which time appellants, without just and lawful cause therefor, dis
charged him from their employment; that by reason of his employment
and the terms of the contract, appellants became liable, undertook and
promised to pay him the sum of $187.50 per month, amounting for the
three months’ services to $562.50, and that by reason of the premises
he was damaged in the further sum of $400, amounting in all to $962.50.
The opinion of the court of civil appeals was delivered by Judge Neill,
who, in the course of it, said:
The appellee proved every allegation necessary for him to recover
the judgment. The appellants proved nothing, nor did they offer to
prove anything. But they are here contending that there is no basis
laid in appellee’s petition for the $400 damages. The petition stated
the contract, its wrongful breach, and the damages necessarily result
ing therefrom, and was sufficient to support the judgment. When a
servant has been wrongfully discharged, he may wait until the end of
the term of his employment, and sue for the full amount of his salary,
less any sum which the defendant may have the right to recoup. In
such a case the actual damage is the actual loss inflicted by the dis
charge. It is the plaintiff’s duty to use reasonable efforts to avoid loss
by securing employment. The measure o f damages is, therefore, the
amount of wages he would have earned under the coutract, deducting,
however, such sums as he earned, or by reasonable diligence could have
earned, elsewhere. The burden o f proof is on the defendant to show
that plaintiff might have obtained other employment, for the failure of
the plaintiff to obtain other employment does not affect the right of
action, but only goes in reduction of damages; and, if nothing else is
shown, the plaintiff is entitled to recover the contract price upon prov
ing the defendant’s violation of the contract, and his own willingness to
perform.
In view of these well-established principles of law, the appellants
have no ground for complaining of the court’s allowing the appellee to
prove that he could not get employment for the entire time, and what
he received for the time he was employed after he was discharged.
There is no error in the judgment and it is affirmed.
LAW S OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE
ANUARY 1, 1896.
DISTRICT OF COLUMBIA.
ACTS OF 1895-96.
C hapter 303.—Earnings of married women.
S ection 3. Any married woman may carry on any trade or business, occupation or
profession by berself, or jointly with others, and perform any labor or services on her
solo and separate account, and the earnings o f any married woman from her trade,
business, profession, occupation, labor, or services shall be her sole and separate
property, and may be used and invested by her in her own name.
Approved June 1, 1896.
N E W YORK.
ACTS OF 1896.
C hapter 112.— Intoxication o f employees of common carriers.
S ection 41. Any person or officer o f an association or corporation engaged in the
business o f conveying passengers or property for hire, who shall employ in the con
duct o f such business, as an engineer, fireman, conductor, switchtender, train dis
patcher, telegrapher, commander, pilot, mate, fireman or in other like capacity, so
that by his neglect o f duty the safety and security o f li/e, person or property so
conveyed might be imperiled, any person who habitually indulges in the intemperate
use o f liquors, after notice that such person has been intoxicated, while in the active
service o f such person, association or corporation, shali be guilty of a misdemeanor.
Became a law March 23,1896, with the approval of the governor. Passed, threefifths being present.
Chapter 384.—Mercantile establishments—Employment of women and children.
Section 1. No male under sixteen years of age, and no female under twenty-one
years o f age, employed in any mercantile establishment o f this State, shall be required,
permitted or suifered to work therein more than sixty hours in any one week; nor
more than ten hours in any one day, unless for the purpose of making a shorter work
day on any one day o f the w eek; and in no case shall any male under sixteen years
of age, nor any female under twenty-one years o f age, work in any mercantile estab
lishment after ten o’clock in the evening or before seven o’clock in the morning of
any day. The foregoing provision of this section shall not be so construed as to
apply to the employment of any person in any mercantile establishment on any Sat
urday o f the year, except that the total number of hours o f labor per week o f a male
under sixteen or a female under twenty-one shall not exceed sixty hours. None of
the provisions o f this section shall apply to the employment o f any persons between
the fifteenth day of December of any year and the first day of January o f the year
next following.
Se c . 2. No child under fourteen years o f age shall be employed in any mercantile
establishment in this State. It shall be the duty o f every person employing children
to keep a register in which shall be recorded the name, birthplace, age, and place
of residence o f every person employed by him under the age of sixteen years; and
it shall be unlawful for any proprietor, agent, foreman, or other person in or con
nected with a mercantile establishment, to hire or employ any child under the age
of sixteen years to work therein without there is first provided and placed on file in
the office thereof a certificate as hereinafter set forth. Which said register and cer
tificate shall be produced for inspection on demand made by the board or department
o f health or health commissioner or commissioners o f any city or town or incor
porated village where such child is employed. The certificate to be provided as
above set forth shall be a certificate from the board or department of health or health
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commissioner or commissioners o f the city or town where such child resides or is
employed, or is about to be employed, which said certificate shall state the date and
place of birth o f such child whenever possible, and shall describe as accurately as
may be the color o f hair, color o f eyes, height and weight, and any distinguishable
facial marks of said child, and shall further state that the health commissioner or
commissioners or the executive officer or officers o f the board, or department of
health, or any person or persons designated by him or them, as hereinafter provided,
is satisfied that such child is physically able to perform the work which it intends
to do, and that the date o f birth of said child as set forth in said certificate is correct.
Wherever the date o f birth of such child can not be ascertained by said board or
department o f health, health commissioner or commissioners, such certificate so pro
vided shall so set forth and shall state that the health commissioner or commission
ers or executive officer or officers of the board or department of health, or the person
or persons designated by them as hereinafter provided is satisfied that such child is
fourteen years of age or upwards. It shall be the duty of the board or department
o f health or health commissioner or commissioners o f the cities and towns o f the
State to issue the certificates as above set forth to any child applying therefor: Pro
vided, however, That such board or department o f health, or health commissioner or
commissioners, shall first ascertain the date and place o f birth o f the child wherever
possible, the color of hair, color o f eyes, height and weight, and any distinguishing
facial marks of said child, and the physical fitness o f such child for the work which
it intends to do. Such certificate shall not be issued, however, unless there shall be
placed on file with such board or department o f health, or health commissioner or
commissioners, the affidavit o f the parent or guardian o f such child, or person stand
ing in parental relation to it, stating the age, date and place o f birth of said child,
and unless such board or department o f health or health commissioner or commis
sioners, or any person or persons designated by them as hereinafter set forth, are
satisfied that said child is fourteen years of age or upwards, and has regularly
attended upon instruction at a school in which at least the common branches of
reading, spelling, writing, arithmetic, English grammar and geography are taught,
or upon equivalent instruction by a competent teacher elsewhere than at a school
for a period equal to one school year, that is to say, to as many days as the public
school of the city or school district in which such child resides was in session during
the last preceding school year; or if said child be a nonresident, then to as many
days o f the public school o f the city or town where such child is or is about to be
employed was in session during the last preceding school year. The foregoing pro
visions o f this section shall not, however, be so construed as to prevent any child
twelve years o f age or upwards, who can read and write simple sentences "in the
English language from being employed in any mercantile establishment in this State
during the vacation of the public schools in the city or school district where such
child lives, or i f such child be a nonresident, then during the vacation o f the public
schools in the city or school district where said mercantile establishment is situated,
if all o f the provisions hereinbefore set forth, except that requiring school attend
ance shall have been complied with. Where such child o f the age o f twelve years
or upwards has complied with all the provisions o f this section except that requir
ing school attendance, the certificate issued by the board or department o f health,
or health commissioner or commissioners o f the city or town in which such child
resides shall so set forth, and shall be designated a “ vacation certificate,” and it shall
be unlawful for any proprietor, agent, foreman, or other person in or connected with
a mercantile establishment, to hire or employ any child under the age o f fourteen
years, to whom such 4(vacation certificate” only has been issued, at any time other
than the time o f the school vacation o f the public school in the city or school dis
trict where such child resides, or i f it be a nonresident, at any time other than the
time o f the school vacation o f the public school in the city or school district where
such mercantile establishment is situated, the certificate or certificates to be issued
in accordance with the provisions o f this section shall be over the signature o f the
board or department o f health or any executive officer or officers thereof, or o f the
health commissioner or commissioners o f the city or town where such child resides
or is employed, or about to be employed, or over the signature o f any person or per
sons designated by such board or department, or health commissioner or commis
sioners for that purpose, which designation shall be in writing, and filed in the office
o f the clerk o f the county in which the office o f said board or department o f health
or health commissioner or commissioners is situated. It shall be the duty o f the
principal or the executive officer o f any school, or o f a teacher elsewhere than at a
school, to furnish upon demand to any child who has attended upon instruction at
such school, or by such teacher, or to* furnish to the board or department o f health,
or health commissioner or commissioners o f any city or town a certificate stating
the school attendance by such child.
Se c . 3. It shall be unlawful for any notary public or other officer authorized and
empowered by law to administer to any person an oath, to demand or receive a fee
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for taking or administering an oath, to a parent or guardian or a person in parental
relation to any child as to the age o f such child, where the affidavit thus taken is
used or intended to he used for the purpose o f obtaining a certificate as provided for
in the foregoing section, from any board or department of health or health commis
sioner or commissioners as therein set forth.
Se c . 4. The words “ mercantile establishment” wherever used in this act shall be
construed to mean any place where goods, wares, or merchandise are offered for sale.
Se c . 5. A suitable and proper washroom and water-closets shall b© provided in
each mercantile establishment in which women and children are employed, or in or
adjacent to or connected with the building in which such mercantile establishment
so having women and children employed therein is situated, and so located and
arranged as to be easily accessible to the employees o f such establishment, and such
water-closets shall be properly screened and ventilated, and kept at all times in a
clean condition, and the water-closets assigned to the women and girls employed in
such establishment shall be wholly separate and apart from those assigned to men.
Wherever a lunchroom is provided in any retail mercantile establishment where
females are employed, such place shall not be next to or adjoining any water-closet
or water-closets, unless permission is first obtained from the board or department of
health, or health commissioner or commissioners of the city or town where such mer
cantile establishment is situated, which permission shall be granted by such board
or department o f health, or health commissioners unless such board or department
of health or health commissioner or commissioners are satisfied that proper sanitary
conditions do not exist, and such permission shall be revoked at any time when such
board or department o f health or health commissioner or commissioners are satisfied
that such lunchroom or lunch place is kept in a manner or in a part or parts o f the
building injurious to the health of the persons using the same.
Se c . 6 . It shall be the duty of all employers o f females in any mercantile estab
lishment to provide and maintain chairs or stools or other suitable seats for the use
o f such female employees to the number of one seat for every three females employed,
and to permit the use o f such seats by such employees, at reasonable times, to such
an extent as may be requisite for the preservation of their health. And such employ
ees shall be permitted to use same as above set forth in front of the counter, table,
desk or any fixture, when the female employee for the use of whom said seat shall
be kept and maintained is principally engaged in front o f said counter, table, desk,
or fixture; and behind such counter, table, desk or fixture, when the female employee,
for the use o f whom said seat shall be kept and maintained is principally engaged
behind said counter, table, desk or fixtures.
Se c . 7. No women or children shall be employed in the basement of any mercan
tile establishment unless permission is obtained by the proprietor o f the estab
lishment from the board or department o f health or health commissioner or commis
sioners in the city or town in which said mercantile establishment is situated,
allowing the employment o f women and children in such basement. The board or
department of health or health commissioner or commissioners shall not grant such
permission unless they are satisfied that such basement is sufficiently lighted and
ventilated and is in all respects in the sanitary condition which is necessary for the
health o f those employed.
Se c . 8 . Not less than forty-five minutes shall be allowed for the noonday meal in
any mercantile establishment in this State.
Se c . 9. It shall be the duty o f the board or department of health or health com
missioner or commissioners o f the cities and towns in the State to cause this act to be
enforced, and whenever any o f the provisions o f this act are violated to cause all
violators thereof to be prosecuted, and for that purpose, the health commissioner or
commissioners and the officers or officer o f the board of health of every city or town
in the State, or the inspectors thereof, or any other persons designated by such board
of health or health commissioners, are authorized and empowered to visit and inspect
at all reasonable hours and as often as shall be practicable and necessary all mercan
tile establishments in the city or town in which the office o f said board or depart
ment o f health or health commissioner or commissioners is situated. It shall be
unlawful for any person to interfere with or obstruct or injure by force or other
wise any officer or employee of any board or department of health or o f any health
commissioner or commissioners appointed to enforce the provisions o f this act, while
in the performance o f his or her duties, or to refuse to properly answer questions
asked by such officer or employees in reference to any o f the provisions o f this act.
Se c . 10. Proceedings under this act must be begun within thirty days after the
commission o f the alleged offense.
Se c . 11. Any person who violates or omits to comply with any o f the foregoing
provisions o f this act, or who suffers or permits any child to be employed in violation
o f its provisions, shall be guilty of a misdemeanor, and on conviction shall be pun
ished by affine of not less than twenty dollars, nor more than one hundred dollars
for a first offense, and not less than forty dollars nor more than two hundred dollars,
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or by imprisonment o f not more than sixty days for a second offense, and for a third
offense by a fine of not less than two hundred dollars nor more than three hundred
dollars, or by imprisonment o f not more than ninety days, or by both such fine and
imprisonment. I f the board or department o f health, or health commissioner or
commissioners charged by the ninth section o f this act with the duty o f causing this
act to be enforced, shall discover that any mercantile establishment has more than
four women and children employed therein, so as to require such provisions o f wash
room and water-closets to be made therefor, as by the fifth section o f this act is
required, and that such washroom and water-closets have not been provided, it shall
bo the duty of such board or department of health, or health commissioner or com
missioners to cause to be served on the owner or owners o f the building in which
such mercantile establishment is situated, written notice of such omission, and
requiring such washroom and water-closets to be provided, and i f such owner or
owners shall thereupon cause fit washroom and water-closets to be provided within
fifteen days after receipt o f such notice, ho or they shall not be deemed guilty of a
misdemeanor in respect o f the obligation to provide the same.
Se c . 12 . A copy o f this act shall be posted in three different conspicuous parts o f
every mercantile establishment in this State where persons are employed who are
affected by the provisions o f this act. The foregoing provisions o f this act shall
apply to cities and incorporated villages of this State which at the last State census
had a population o f three thousand or more.
Se c . 13. All acts or parts o f acts inconsistent with this act are hereby repealed.
Se c . 14. This act shall take effect September first, eighteen hundred and ninety-six.
Became a law April 23, 1896, with the approval of the governor. Passed, a major
ity being present.
Chapter 429.— Convict labor— State prisons, penitentiaries, and reformatories.
Section 1. Sections ninety-seven to one hundred and nine, inclusive, * * * of
titlo two of chapter three o f j>art four o f the revised statutes relating to State
prisons, and for other purposes connected therewith, as amended and superseded by
chapter three hundred and eighty-two o f the laws o f eighteen hundred and eightynine, are hereby amended so that said sections shall read as follow s:
$ 97.* The superintendent o f State prisons shall not, nor shall any other authority
whatsoever, make any contract by which the labor or time o f any prisoner in any
State prison, reformatory, penitentiary or ja il in this State, or the product or profit
o f his work, shall bo contracted, let, farmed out, given or sold to any person, firm,
association or corporation; except that the convicts in said penal institutions may
work for, and the products o f their labor may be disposed of, to the State or any
political division thereof, or for or to any public institution owned or managed and
controlled by the State, or any political division thereof.
$98. The superintendent of State prisons, the superintendents, managers and
officials of all reformatories and penitentiaries in the State, shall, so far as prac
ticable, cause all the prisoners in said institutions, who are physically capable
thereof, to be employed at hard labor, for not to exceed eight hours of each day,
other than Sundays and public holidays, but such hard labor shall be either for the
purpose o f production of supplies for said institutions, or for the State, or any
political division thereof, or for any public institution owned or managed and con
trolled by the State, or any political division thereof; or for the purpose of indus
trial training and instruction, or partly for one, and partly for the other o f such
purposes.
$ 99. The labor o f the prisoners o f the first grade in each of said prisons, reforma
tories and penitentiaries, shall be directed with reference to fitting the prisoner to
maintain himself by honest industry after his discharge from imprisonment, as the
primary or sole object o f such labor, and such prisoners o f the first grade may be so
employed at hard labor for industrial training and instruction solely, even though
no useful or salable products result from their labor, but only in case o f such indus
trial training or instruction can be more effectively given in such manner. Other
wise, and so far as is consistent with the primary object o f the labor o f prisoners o f
the first grade as aforesaid, the labor of such prisoners shall be so directed as to pro
duce the greatest amount o f useful products, articles and supplies needed and used
in the said institutions, and in the buildings and offices of the State, or those o f any
political division thereof, or in any public institution owned or managed and con
trolled by the State or any political division thereof, or said labor may be for the
State, or any political division thereof.
$ 100. The labor o f prisoners o f the second grade in said prisons, reformatories
and penitentiaries shall be directed primarily to labor for the State or any political
division thereof, or to the production and manufacture o f useful articles and sup
plies lor said institutions, or for any public institution owned or managed and con
trolled by the State, or any political division thereof.
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9 101. The labor of prisoners o f tlio third grade shall bo directed to such exercise
as shall tend to the preservation of health, or they shall be employed in labor for
the State, or a political division thereof, or in the manufacture of such useful articles
and supplies as are needed and used in the said institutions, and in the public insti
tutions owned or managed and controlled by the State, or any political division
thereof.
§ 102 . All convicts sentenced to State prisons, reformatories and penitentiaries in
the State, shall be employed for the State, or a political division thereof, or in pro
ductive industries for the benefit o f the State, or the political divisions thereof, or
for the use o f public institutions owned or managed and controlled by the State, or
the political divisions thereof, which shall be under rules and regulations for the
distribution and diversification thereof, to be established by the State commission
of prisons.
$ 103. The labor of the convicts in the State prisons and reformatories in the
State, after the necessary labor for and manufacture of all needed supplies, for said
institutions, shall be primarily devoted to the State and the public buildings and
institutions thereof, and the manufacture o f supplies for the State, and public insti
tutions thereof, and secondly to the political divisions of the State, and public
institutions thereof; and the labor o f the convicts in the penitentiaries, after the
necessary labor for and manufacture of all needed supplies for the same, shall be
primarily devoted to the counties, respectively, in which said penitentiaries are
located, and the towns, cities and villages therein, and to the manufacture o f sup
plies for the public institutions o f the counties, or the political divisions thereof,
and secondly to the State and the public institutions thereof.
§ 104. It shall be the duty o f the superintendent o f State prisons to distribute,
among the penal institutions under his jurisdiction, the labor and industries assigned
by the commission to said institutions, due regard being had to the location and
convenience o f the prisons, and o f the other institutions to bo supplied, the machinery
now therein, and the number o f prisoners, in order to secure the best service and dis
tribution o f the labor, and to employ the prisoners, so far as practicable, in occupa
tions in which they will be most lik e ly to obtain employment after their discharge
from imprisonment; to change or dispose of the present plants and machinery in
said institutions now used in industries which shall be discontinued, and which can
not be used in the industries hereafter to bo carried on in said prisons, due effort
to be made by full notice to probable purchasers, in case of sales o f industries or
machinery, to obtain the best price possible for the property sold, and good will of
the business to be discontinued. The superintendent o f State prisons shall annually
cause to be procured and transmitted to the legislature, with his annual report a
statement showing in detail, the amount and quantity o f each of the various articles
manufactured in the several penal institutions under his control and the labor per
formed by convicts therein, and o f the disposition thereof.
§105. The superintendent of State prisons, and the superintendents of reforma
tories and penitentiaries, respectively, are authorized and directed to cause to be
manufactured by the convicts in the prisons, reformatories, and penitentiaries such
articles as are needed and used therein, and also such as are required by the State
or political divisions thereof, and in the buildings, offices and public institutions
owned or managed and controlled by the State, including articles and materials to
bo used in the erection o f the buildings. All such articles manufactured in the State
prisons, reformatories and penitentiaries, and not required for use therein, may be
furnished to the State, or to any political division thereof, or for or to any public
institution owned or managed and controlled by the State, or any political division
thereof, at and for such prices as shall be fixed and determined as hereinafter pro
vided, upon the requisitions o f the proper officials, trustees or managers thereof.
No articles so manufactured shall be purchased from any other source, for the State
or public institutions of the State, or the political divisions thereof, unless said
State commission o f prisons shall certify that the same can not be furnished upon
such requisition, and no claim therefor shall be audited or paid without such
certificate.
§ 106. On or before October first in each year, the proper officials of the State, and
tho political divisions thereof, and o f the institutions of the State, or political divis
ions thereof, shall report to the said commission o f prisons estimates for the ensuing
year o f the amount o f supplies o f different kinds required to be purchased by them
that can be furnished by the penal institutions in the State. The said commission
is authorized to make regulations for said reports, to provide for the manner in
which requisitions shall be made for supplies, and to provide for the proper diversi
fication o f the industries in said penal institutions.
§ 107. The comptroller, the State commission of prisons and the superintendent
o f State prisons and the lunacy commission shall fix and determine the prices at
which all labor performed, and all articles manufactured and furnished to the State,
or the political divisions thereof, or to the public institutions thereof, shall be fur
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nished, which prices shall be uniform to all, except that the prices for goods or
labor furnished by the penitentiaries, to or for the county in which the^ are located,
or the political divisions thereof, shall be fixed by the board o f supervisors o f such
counties, except New York and Kings counties, in which the prices shall be fixed by
the commissioners o f charities and correction, respectively. The prices shall be as
near the usual market price for such labor and supplies as possible. The State com
mission o f prisons shall devise and furnish to all such institutions a proper form for
such requisition and the comptroller shall devise and furnish a proper system of
accounts to be kept for all such transactions.
$108. Every prisoner confined in the State prisons, reformatories and peniten
tiaries, who shall become entitled to a diminution o f his term of sentence by good
conduct, may, in the discretion of the agent and warden, or of the superintendent o f
the reformatory, or superintendent of the penitentiary, receive compensation from
the earnings o f the prison or reformatory or penitentiary in which he is confined,
such compensation to be graded by the agent and warden of the prison for the pris
oners therein, and the superintendent of the reformatory and penitentiary, for the
prisoners therein, for the time such prisoner may work, but in no case shall the com
pensation allowed to such convicts exceed in amount ten per centum of the earnings
o f the prison or reformatory or penitentiary in which they are confined. The dif
ference in the rate o f compensation shall be based both on the pecuniary value o f
the work performed, and also on the willingness, industry and good conduct of such
prisoner; Provided, That whenever any prisoner shall forfeit his ^ood time for mis
conduct or violation of the rules or regulations o f the prison, reformatory or peni
tentiary, he shall forfeit out o f the compensation allowed under this section fifty
cents for each day o f good time so forfeited, And provided. That prisoners serving life
sentences shall be entitled to the benefit o f this section when their conduct is such
as would entitle other prisoners to a diminution o f sentence, subject to forfeiture-of
good time for misconduct as herein provided. The agent and warden of each prison,
or the superintendent o f the reformatory or superintendent o f the penitentiary may
institute and maintain a uniform system o f fines, to be imposed at his discretion, in
place of his other penalties and punishments, to be deducted from such compensation
standing to the credit o f any prisoner, for misconduct by such prisoner.
$ 109. All moneys received for fines under +his act, from prisons and reformatories,
shall be credited to a general fund, and be disbursed by direction o f the superin
tendent o f prisons, for special aid to discharge[d] prisoners who are infirm, indigent,
or in any way incapable to an unusual degree, o f earning a sufficient subsistence
after their release, and all moneys received for fines imposed under this act by the
superintendents o f penitentiaries, shall be credited to a general fund and be dis
bursed by direction o f the board o f supervisors o f the counties in which they are
located, except that in the counties o f New York and Kings they shall be disbursed
by direction o f the commissioners o f charities and corrections.
Se c . 3. Section three o f chapter three hundred and eighty-two o f the laws of
eighteen hundred and eighty-nine, entitled “ An act to amend title two of chapter
three o f part four o f the Revised Statutes relating to State prisons, and for other
purposes connected therewith,” is hereby amended so as to read as follow s:
$ 3. The managers o f the New York State Reformatory at Elmira, and the managing
authorities of all the penitentiaries or other penal institutions in this State, are hereby
authorized and directed to conduct the labor o f prisoners therein, respectively, in like
manner and under like restrictions, as labor is authorized by sections ninety-seven
and ninety-eight o f this act, as hereby amended, to be conducted in State prisons,
Se c . 4. A ll laws and parts o f laws inconsistent with any o f the provisions of this act
are hereby repealed.
Se c . 5. This act shall take effect on the first day of January, eighteen hundred and
ninety-seven.
Became a law May 4,1896, with the approval o f the governor. Passed, three-fifths
being present.
Chapter 485.— A utom atic couplers on fre ig h t cars.
Section 1. Section two of chapter five hundred and forty-four o f the laws o f
eighteen hundred and ninety-three, entitled “ An act to promote the safety of rail
way employees by compelling the equipment o f freight cars with automatic coup
lers,” is hereby amended to read as follows :
$ 2. That from and after the passage o f this act, in addition to such new freight
cars, there shall be equipped each year with such couplers, by every company oper
ating a line or lines o f railroad within the State, at least twenty per centum o f all
freight cars owned or operated by such companies, and used within the State, which
are not so equipped, except certain cars known and designated as “ coal jimmies,”
and that on and after the first day of January, eighteen hundred and ninety-eight,
the use of said “ coal jimmies ” in any form shall be unlawful within this State, except
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upon any railroad whose main line is less than fifteen miles in length and whose aver
age grade exceeds two hundred feet to the mile, under penalty o f one hundred dollars
for each offense, said penalty to he recovered in an action to he brought by the attorneygeneral, in the name o f the people, and in the judicial district where the principal
office o f the company within the State is located. This section shall not be con
strued to authorize the interchange o f such “ coal jimmies” with, and the use therefor
upon, railroads o f more than fifteen miles in length or whose average grade is less
than two hundred feet to the mile.
Se c . 2. A ll acts or parts of acts inconsistent with the provisions of this act are
hereby repealed.
Became a law May 9,1896, with the approval o f the governor. Passed, a majority
being present.
Chapter 486.— Safety brakes on freight cars, etc.
Section 1. Section two of chapter five hundred and forty-three o f the laws of
eighteen hundred and ninety-three is hereby amended to read as follow s:
§ 2. That from and after the passage of this act, in addition to all freight cars now
so equipped, there shall he equipped each year, with the continuous power or air
brakes by every company operating a line or lines of railroad within the State, at
least ten per centum o f all freight cars owned or operated by such companies and
used within the State, except certain cars known and designated as “ coal jimmies,”
and that on and after the first day of January, eighteen hundred and ninety-eight,
the use o f the said “ coal jimmies ” in any form shall be unlawful within the State,
except upon any railroad whose main line is less than fifteen miles in length and
whose average grade exceeds two hundred feet to the mile, under a penalty o f one
hundred dollars for each offense, said penalty to be recovered in an action to he brought
by the attorney-general in the name of the people and in the judicial district where
the principal office of the company within the State is located. This section shall
not he construed to authorize the interchange of such “ coal jimmies” with, and the
use thereof upon, railroads of more than fifteen miles in length or whose average
grade is less than two hundred feet to the mile.
Se c . 2. All acts or parts of acts inconsistent with the provisions of this act are
hereby repealed.
Became a law May 9, 1896, with the approval of the governor. Passed, a majority
being present.
Chapter 738.— Liens o f stone cutters, paring cutters, etc.
Section 1. Every person employed in any o f the sandstone, granite, bluestone or
marble quarries, yards or docks, wherein granite, sandstone, bluestone or marble is
dressed, cut or quarried in this State, at any time within thirty days after the com
pletion o f the labor of excavating, quarrying, dressing or cutting of sandstone,
granite, bluestone or marble, may file a notice in writing, specifying the amount due
for such labor, the kind o f labor performed, the person or corporation employing the
claimant, the dimensions and a brief description of the quantity of granite, bluestone,
marble or sandstone against which such claim is made and upon which such service
was rendered, in the town clerk’s office of the town, or the place wherein chattel
mortgages are required to he filed by law, wherein such quarry is located. Such
notice of lien shall operate as a lien upon the sandstone described therein upon
which the work, labor and service was rendered from the time of filing the same.
Se c . 2. Such lien shall be foreclosed in the same manner as specified in article two
of title two o f chapter fourteen of the code o f civil procedure, entitled “ Action to
foreclose chattel.”
Sec . 3. A copy of the notice so filed shall be served upon the person or corporation
against whom such claim shall exist, or the person in charge of the quarry, yards or
docks, wherein such service shall be rendered within five days after the filing of the
same.
Se c . 4. The town clerk or officer filing such notice of lien, herein provided for,
shall be entitled to a fee o f twelve cents for filing the same. Said clerk shall enter
in the book used for making entries o f filing a chattel mortgage a memorandum of
the filing of the lien herein provided for.
Sec 5. Any person or corporation against whom any such lien is filed, as herein
provided for, may secure a certificate from the officer with whom such lien is filed
discharging the property therein described from the lien and effect o f the same, upon
the person or corporation filing with the said officer an undertaking signed by one or
more sureties who shall justify in an amount equal to twice the amount o f said lien,
to be approved of by the officer with whom such lien is filed, conditioned for the
payment o f the amount o f such lien and costs and charges of collecting the same.
Se c . 6 . Nothing herein contained shall be construed to extend the lien herein pro
vided for to any material which shall have become a part o f any building or structure
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or cease to be the property o f the person or corporation for whom such labor was
performed, and in no case shall the owner of any quarry, yard or dock be liable to
pay by reason o f all the liens filed pursuant to this act a greater sum than the price
stipulated and agreed to be paid m the contract for the excavating, quarrying, dress
ing or cutting o f such stone, and remaining unpaid at the time o f the filing of such
lien, or in case there is no contract, than the amount of the value o f such labor then
remaining unpaid.
Se c . 7. This act shall take effect immediately.
Became a law May 19,1896, with the approval of the governor. Passed, a majority
being present.
Chapter 789.— Brickyards— Hours of labor.
Section 1. Section two o f chapter six hundred and ninety-one of the laws of
eighteen hundred and ninety-three, entitled “ An act to fix and determine the hours
o f labor of employees on brickyards owned or operated by corporations,” is hereby
amended so as to read as follow s:
§ 2. It shall be unlawful for any corporation owning or operating a brickyard
within this State to require employees to work more than ten hours in any one day,
or to commence work earlier than seven o’clock in the morning, but overwork for
an extra compensation, and work prior to seven o’clock in the morning by agree
ment between employer and employee is hereby permitted.
Sec . 2. This act shall take effect immediately.
Became a law May 20, 1896, with the approval of the governor. Passed, threefifths being present.
C hapter 909.— Time to vote allowed employees.
Section 1. This chapter shall be known as the election law.
Se c . 109. Any person entitled to vote at a general election held within this State,
shall on the day o f such election, be entitled to absent himself from any service or
employment in which he is then engaged or employed, for a period of two hours,
while the polls of such election are open. I f such elector shall notify his employer
before the day o f such election o f such intended absence, and i f thereupon two suc
cessive hours for such absence shall be designated by the employer, and such absence
shall be during such designated hours, or if the employer upon the day o f such
notice, makes no designation, and such absence shall be during any two consecutive
hours while such polls are open, no deduction shall be made from the usual salary
or wages of such elector, and no other penalty shall be imposed upon him by his
employer by reason of such absence. This section shall bo deemed to include all
employees o f municipalities.
Became a law May 27, 1896, with the approval of the governor. Passed, threefifths being present.
Ch apter 931.— Marking o f convict-made goods.
Section 1. A ll goods, wares, and merchandise made by convict labor in any peni
tentiary, prison, reformatory or other establishment in which convict labor is employed
shall, before being sold, or exposed for sale, be branded, labeled or marked as here
inafter provided, and shall not be exposed for sale in any place within this State
without such brand, label or mark.
Se c . 2. The brand, label or mark hereby required shall contain at the head or top
thereof the words “ convict made,” followed by the year and name of the peniten
tiary, prison, reformatory or other establishment in which it was made, in plain
English lettering, of the style and size known as great primer roman condensed
capitals. The brand or mark shall in all cases, where the nature of an article will
permit, be placed upon the same, and only where such branding or marking is impos
sible shall a label be used, and where a label is used it shall be in the form o f a paper
tag, which shall be attached by wire to each article, where the nature o f the article
w ill permit, and placed securely upon the box, crate or other covering in which
such goods, wares or merchandise may be packed, shipped or exposed for sale. Said
brand, mark or label shall be placed upon the outside o f and upon the most con
spicuous part of the finished article and its box, crate or covering.
Sec . 3. It shall be the duty o f the commissioner of labor statistics and the district
attorneys o f the several counties to enforce the provisions o f this act, and o f section
three hundred and eighty-four of the penal code, and when, upon complaint or other
wise, the commissioner of labor statistics has reason to believe that this act is being
violated, he shall advise the district attorney o f the county wherein such alleged
violation has occurred of that fact, giving the information in support o f his conclu
sions, and such district attorney shall at once institute the proper legal proceedings
to compel compliance with this act.
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Sec . 4. It shall he lawful for any person, persons or corporation to furnish evidence
as to the violation upon the part o f any person, persons or corporation, and upon the
conviction of any such person, x>ersons or corporation, one-half of the fine provided
for by section three hundred and eighty-four b of the penal code, which shall be
secured, shall be j>aid upon certificate by the district attorney to the commissioner
o f labor statistics, who shall use such money in investigating and securing informa
tion in regard to the violations of this act and in paying the expenses of such con
viction.
S ec . 5. Section three hundred and eighty-four b o f the penal code is hereby
amended so as to read as follow s:
§ 384&. Penalty for dealing in convict-made goods without labeling.—A person
having in his possession for the purpose of sale, or offering for sale, any convictmade goods, wares or merchandise hereafter manufactured and sold, or exposed for
sale, in this State without the brand, mark or label required by law, or removes or
defaces such brand, mark or label, is guilty of a misdemeanor, punishable by a fine
not exceeding ten hundred dollars nor less than one hundred dollars, or imprison
ment for a term not exceeding one year nor less than ten days, or both.
Se c . 6. Chapter three hundred and twenty-three of the laws of eighteen hun
dred and eighty-seven, and chapter six hundred and ninety-eight, laws o f eighteen
hundred and ninety-four, are hereby repealed.
Se c . 7. This act shall take effect November first, eighteen hundred and ninety-six.
Became a law May 27,1896, with the approval of the governor. Passed, a majority
being present.
C hapter 936.— Protection o f workmen on buildings— Life and limb.
Section 1. It shall be the duty of all contractors and owners when constructing
buildings in any of the cities of the State, where the plans and specifications require
the floors to be arched, between the beams thereof, or where the said floors or filling
in between floors shall be o f fireproof material or brickwork, to complete the said
flooring or filling in as the building progresses to not less than within three tiers of
beams below that on which the iron work is being erected.
Sec . 2. It shall be the duty of all contractors for carpenter work of buildings, in
the course of construction, in any of the cities of the State, where the plans and
specifications do not require the filling in between the beams of the floor to be of
brick or fireproof work to lay the under flooring thereof as the building progresses
on each story to not less than within two stories below the one to which the said
building has been erected. Where double floors are not used, the contractor shall
be required to keep planked over the floor two stories below that one [on] which the
work is being carried on.
Se c . 3. It shall be the duty o f all contractors for iron or steel work of buildings
in the course of construction or the owners thereof, in cases where the floor beams
are of iron or steel, to thoroughly plank over the entire tier of iron or steel beams
on which the structural iron or steel work is being erected, except such spaces as
may be reasonably required for proper construction o f said iron or steel work and
for the raising or lowering of materials used or*fco be used in the construction of the
said building or such spaces as may be designated by the plans and specifications
for stairways and elevator shafts.
Se c . 4. The chief officer, in any city, charged with the enforcement of the building
laws of such city, is hereby charged with enforcing the provisions of this act.
Sec . 5. Any violation of the provisions of this act shall be a misdemeanor and on
conviction shall be punishable by a fine, for each violation thereof, of not less than
twenty-five nor more than two hundred dollars.
Sec . 6. This act shall take effect immediately.
Became a law May 27,1896, with the approval of the governor. Passed, a majority
being present.
C hapter 982.— Free public employment bureaus.
Section 1. It shall be the duty of the commissioner of statistics of labor, imme
diately upon the passage o f this act, to organize and establish in all cities having a
population of one million five hundred thousand inhabitants or more, a free public
employment office or bureau for the purpose of receiving all applications for labor
on the part of those seeking employment and all applications for help on the part of
those desiring to employ labor, and to appoint a superintendent and such clerical
assistants for each office so organized as in the judgment of said commissioner may
appear necessary for the proper conduct of the duties o f the several offices.
Sec . 2. It shall be the duty of the superintendent o f every free public employment
office so organized to receive and record, in a book to be kept for that purpose, the
names of all persons applying for labor or help, designating opposite the name of
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each applicant the character of employment or labor desired, and the address of such
applicant It shall also be the duty of every such superintendent to make a weekly
report on Thursday of each week to said commissioner o f the names and addresses
o f all applicants both for labor and help, and the character of the employment or
labor desired, and also the names of all persons securing employment through the
respective offices. Said superintendent shall also perform such other duties in the
collection of labor statistics, and in the keeping o f books and accounts of their
respective offices as the commissioner may determine, and shall make a semiannual
report o f the expense of maintaining their respective offices to the commissioner.
Se c . 3. It shall be the duty of the commissioner to cause to be printed weekly a
list of all applicants for labor or help, and the character of the employment or labor
desired, received by him from the various offices organized pursuant to the pro
visions of this act, and to cause two copies of such list to be mailed on Monday of
each week to the superintendent o f each o f said offices in the State, one o f which
copies shall be posted by the superintendent immediately on receipt thereof in a
conspicuous place in his office, subject to the inspection of all persons desiring labor
or help, and the other o f which copies shall be filed by the superintendent in his
office for reference. Said commissioner shall also cause one copy of such list to be
mailed to the supervisor o f each township in this State.
Se c . 4. Every application for labor or help made to any office organized under this
act shall be null and void after thirty days from the receipt unless renewed by the
applicant.
Se c . 5. Every applicant for help shall notify the superintendent o f the office to
which the application was made, by mail, within ten days after the required help
designated in his or her application has been secured, which notice shall contain the
name and last preceding address o f the employee secured through such office, and
any refusal or failure by any applicant for help so to notify such superintendent
shall bar such applicant from all future rights and privileges of such employment
office, at the discretion of the commissioner, to whom the superintendent shall
report such refusal or failure.
Se c . 6 . No compensation or fee whatsoever shall, directly or indirectly, be charged
or received from any person or persons applying for labor or employment through said
officers. The commissioner, any superintendent or clerk, or any person employed in
any such offices charging or receiving any other compensation or fee from any appli
cant for labor whomsoever, as provided in this act, shall be deemed guilty of a mis
demeanor, and upon conviction shall be fined in any sum not exceeding one hundred
dollars or imprisonment not exceeding thirty days.
Se c . 7. Applicants for help shall be construed to mean employers wanting em
ployees, and applicants for labor shall be construed to mean persons wanting work
to do.
Se c . 8. The tenure o f office for all superintendents and clerks of free public
employment offices shall be two years from the date o f appointment, but the com
missioner shall have power of removing any such superintendents and clerks for
good and sufficient cause.
Sec . 9. The superintendent of each of the offices organized under the provisions
of this act shall receive a salary, payable monthly, which shall be fixed by the com
missioner, but which shall in no case exceed the sum of one thousand two hundred
dollars per annum. The clerk or clerks required in such offices shall receive a salary
o f not more than fifty dollars per month. Salaries, postage, stationery and other
expenses necessary for the proper conduct of the business of such free public employ
ment offices shall be paid by the State out o f any funds of the State treasury not
otherwise appropriated.
Se c . 10. The sum of five thousand dollars, or so much thereof as may be necessary,
is hereby appropriated from the State treasury, out o f any moneys not otherwise
appropriated, to carry into effect the provisions or this act, to be paid by the treasurer
upon the warrant o f the comptroller.
Se c . 11. This act shall take effect immediately.
Became a law May 28, 1896, with the approval o f the governor. Passed, threefifths being present.
C hapter 991.— Employment o f children in factories, etc.— Sweating system.
Section 1. Section two of chapter four hundred and nine o f the laws o f eighteen
hundred and eighty-six, as amended by chapter six hundred and seventy-three o f
the laws of eighteen hundred and ninety-two, is hereby amended so as to read as
follow s:
§ 2. No child under fourteen years o f age shall be employed in any manufacturing
establishment in this State. It shall be the duty of every person employing children
to keep a register, in which shall be recorded the name, birthplace, age and place
o f residence o f every person employed by him under the age o f sixteen years; and it
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shall he unlawful for any proprietor, agent, foreman or other person in or connected
with a manufacturing establishment to hire or employ any child under the age of
sixteen years to work therein without there is first provided and placed on file in the
office thereof a certificate as hereinafter set forth, which said register and certificate
shall be produced for inspection on demand made by the inspector, assistant inspector
or any o f the deputies appointed under this act. The certificate to be provided
as above set forth shall be a certificate from the board or department o f health or
health commissioner or commissioners o f the city, town or incorporated village where
such child resides or is employed or is about to be employed, which said certificate
shall state the date and place o f birth of such child whenever possible, and shall
describe as accurately as may be the color o f hair, color o f eyes, height and weight,
and any distinguishing facial marks of said child, and shall further state that the health
commissioners [commissioner] or commissioners, or the executive officer or officers
of the board or department o f health, or any person or persons designated by him or
them as hereinafter provided, is satisfied that such child is physically able to per
form the work which it intends to do, and that the date o f birth of said child as set
forth in said certificate is correct. Wherever the date of birth of such child can not
be ascertained by said health commissioner or commissioners or board or department
o f health, such certificate so provided shall so set forth and shall state that the
health commissioner or commissioners or executive officer or officers of the board or
department of health, or the person or persons designated by them as hereinafter
provided, is satisfied that such child is fourteen years of age or upwards. It shall
be the duty of the health commissioner or commissioners and the board or department
o f health o f the cities, towns and incorporated villages of the State to issue the
certificate as above set forth to any child applying therefor; Provided, however, That
such health commissioner or commissioners, board or department of health, shall
first ascertain the date and place o f birth of the child, wherever possible, the color
o f hair, color o f eyes, height and weight, and any distinguishing facial marks o f
said child, and the physical fitness o f such child for the work which it intends to do.
Such certificate shall not be issued, however, unless there shall be placed on file
with such health commissioner or commissioners, board or department o f health,
the affidavit of tbe parent or guardian o f such child, or person standing in parental
relation to it, stating the age, date and place of birth of said child, and unless such
health commissioner or commissioners, board or department o f health, or any
person or persons designated by them as hereinafter set forth are satisfied that said
child is fourteen years of age and has regularly attended upon instruction at a school
in which at least the common branches o f reading, spelling, writing, arithmetic,
English grammar, and geography are taught, or upon equivalent instruction by a
competent teacher elsewhere than at a school for a period equal to one school year,
that is to say, as many days as the public school o f the city or school district in which
such child resides was in session during the last preceding year, or if said child be a
nonresident, then as many days as the public school o f the city or town where such
child is or is about to be employed was in session during the last previous school year.
The foregoing provisions of this section shall not, however, be so construed as to pre
vent any child fourteen years o f age or upward who can read and write simple
sentences in the English language from being employed in any manufacturing estab
lishment in this State during the vacation o f the public schools in the city or school
district where such child lives, or i f such child be a nonresident then, during the vaca
tion o f the public schools in the city or school district where said manufacturing
establishment is situated, i f all o f the provisions hereinbefore set forth except that
requiring school attendance shall have been complied with. Where such child of
the age o f fourteen years or upwards has complied with all the provisions o f this
section except that requiring school attendance, the certificate issued by such health
commissioner or commissioners, board or department of health, o f the city or town
shall so set forth and shall be designated a “ vacation certificate,” and it shall be
unlawful for any proprietor, agent, foreman or other person in or connected with a
manufacturing establishment, to hire or employ any child under the age o f sixteen
years to whom only such “ vacation certificate ” has been issued at any time other
than the time o f the school vacation o f the xiublic school in the city or school district
where such child resides, or i f it be a nonresident, at any time other than the time of
the school vacation o f the public school in the city or school district where such
manufacturing establishment is situated. The certificate or certificates to be issued
in accordance with the provisions of this section shall be over the signature o f the
board or department o f health or any executive officer or officers thereof, or the
health commissioner or commissioners o f the city, town or incorporated village
where such child resides or is employed or about to be employed, or over the signa
ture o f any person or persons designated by such board or department o f health, or
health commissioner or commissioners, for that purpose, which designation shall be
in writing and filed in the office of the clerk of the county in which the office of
such board or department of health or health commissioner or commissioners is
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situated. It shall he the duty of the principal or executive officer of any school or
of a teacher elsewhere than at a school, to furnish, upon demand, to any child who
has attended upon instruction at such school or by such teacher, or to furnish to the
factory inspector, assistant factory inspector or any deputy factory inspector, a
certificate stating the school attendance by such child. It shall bo the duty o f the
board or department o f health and health commissioner or commissioners in every
city, town and incorporated village in the State to forward over their official signa
ture, between the first and tenth days o f each month, to the factory inspector at his
principal office, a list setting forth the names of the children to whom the certificates
herein provided have been issued, and the age, date and placo o f birth, whenever
possible, color o f eyes, color o f hair, height, weight and distinguishing facial marks
o f such child or children. It shall be unlawful for any notary public or other officer
authorized and empowered by law to administer to any person an oath, to demand
or receive a fee for taking or administering an oath to a parent of, guardian of, or
person in parental relation to any child as to the ago of such child where the affi
davit thus taken is used or intended to be used for the purpose o f obtaining a
certificate as provided for in the foregoing section from any board or department
of health or health commissioner or commissioners as herein set forth.
Sec . 2. Section thirteen o f chapter six hundred and seventy-three of the laws of
eighteen hundred and ninety-two, as amended by chapter one hundred and seventythreo of the laws of eighteen hundred and ninety-three, is hereby amended to read
as follow s:
§ 13. No room or apartment in any tenement or dwelling house shall be used,
except by the immediate members of the family living therein, for the manufacture
of coats, vests, trousers, knee-pants, overalls, cloaks, hats, caps, suspenders, jerseys,
blouses, waists, waist-bands, underwear, neckwear, furs, fur trimmings, fur garments,
shirts, purses, feathers, artificial flowers, cigarettes or cigars. No person, firm or
corporation shall hire or employ any person to work in any room or apartment, in any
rear building or buildings in the rear o f a tenement or dwelling house at making in
whole or in part any o f the articles mentioned in this section, without first obtain
ing a written permit from the factory inspector, his assistants or one of his dep
uties, stating the maximum number o f persons allowed to be employed therein.
Such permit shall not be granted until an inspection o f such premises is made by
the factory inspector, his assistant, or one o f his deputies, and may be revoked by
the factory inspector, at any time the health of the community or o f those so employed
may require it. It shall be framed and posted in a conspicuous place in the room
or in one o f the rooms to which it relates. Every person, firm, company or cor
poration, contracting for the manufacture o f any o f the articles mentioned in this
section, or giving out the incomplete material from which they or any o f them are
to bo made, or to [be] wholly or partially finished, shall keep a written register o f the
names and addresses o f all persons to whom such work is given to be made, or with
whom they may have contracted to do the same. Such register shall be produced
for inspection and a copy thereof shall be furnished on demand made by the factory
inspector, his assistant or one o f his deputies. No person shall knowingly sell or
expose for sale any o f the articles mentioned in this section which were made in any
dwelling house, tenement house or building in the rear o f a tenement or dwelling
house, without the permit required by this section; and any officer appointed to
enforce the provisions o f this act who shall find any o f such articles made in viola
tion of the provisions hereof, must conspicuously affix to such article a label contain
ing the words “ tenement made” printed in small pica capital letters on a tag not
less than four inches in length; and such officer shall notify the person owning or
alleged to own such articles that he so labeled them. No person shall remove or
doface any tag or label so affixed. When any article mentioned in this section is
found by the factory inspector, his .assistant, or any of his deputies to be made under
unclean or unhealthy conditions, he shall affix thereto the label prescribed by this
section, and shall immediately notify the local board o f health, whose duty it shall
be to disinfect the same and thereupon remove such label. I f the factory inspector,
assistant factory inspector, or any deputy inspector, finds evidence o f infectious or
contagious diseases present in any workshop, or in goods manufactured or in process
o f manufacture therein, or shall find goods used therein to be unfit for use, such
factory inspector, assistant factory inspector or deputy factory inspector shall forth
with report the same to the local board o f health, and the said local board o f health
shall forthwith issue such order or orders as the public health may require. Said
local board of health is hereby empowered to condemn and destroy all such infec
tious and contagious articles or any articles manufactured or in process o f manufac
ture under unclean or unhealthy conditions as aforesaid.
Se c . 3. Section fourteen o f chapter four hundred and nine o f the laws o f eighteen
hundred and eighty-six, and the acts amendatory thereof, is hereby amended so as
to read as follow s:
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§ 14. Upon tlio expiration o f tlie term of office o f tlie present factory inspector, and
upon the expiration of the term of office o f each of his successors, tlio governor shall,
hy and with the advice and consent of the senate, appoint a factory inspector;
and upon the expiration of the term of office of the present assistant factory
inspector, and upon the expiration of the term of office of each of his successors,
the governor shall, hy and with the advice and consent of the senate, appoint an
assistant factory inspector. Each factory inspector and assistant factory inspector
shall hold over and continue in office after the expiration of his term of office
until his successor shall he appointed and qualified. The factory inspector is hereby
authorized to appoint from time to time, not exceeding twenty-nine persons to he
deputy inspectors, not more than ten o f whom shall he women, and he shall have
power to remove the same at any time. The term of office of the factory inspector
and o f the assistant factory inspector shall he three years each. Annual salaries
shall he paid in equal monthly installments as follows: To the factory inspector,
three thousand dollars; to the assistant factory inspector, two thousand five hundred
dollars; to each deputy factory inspector, one thousand two hundred dollars. All
necessary traveling and other expenses incurred hy the factory inspector, assistant
factory inspector and the deputy factory inspectors in the discharge of their duties,
shall he paid monthly hy the treasurer upon the warrant of the comptroller issued
upon proper vouchers therefor. A suboffice may he opened in the city of New York.
The reasonable necessary traveling and other expenses of the deputy factory inspec
tors while engaged in the performance of their duties shall he paid upon vouchers
approved hy the factory inspector and audited hy the comptroller.
Sec . 4. Section twenty-one of chapter four hundred and nine of the laws of
eighteen hundred and eighty-six, and the acts amendatory thereof, is hereby
amended so as to read as follow s:
§ 21. Any person who violates or omits to comply with any of the provisions of
this act, or who suffers or permits any child to he employed in violation o f its pro
visions, shall he guilty o f a misdemeanor and on conviction shall be punished by a
fine o f not less than thirty dollars nor more than one hundred dollars for a first
offense, and not less than sixty dollars nor more than two hundred dollars for a sec
ond offense, or imprisonment for not more than thirty days, and for a third offense
o f not less than three hundred dollars, nor more than five hundred dollars, and not
more than thirty days' imprisonment.
Se c . 5. Said act is hereby amended hy adding the following section:
§ 13a. Whenever any room or apartment in any tenement or dwelling house shall
he used except hy the immediate members of the family living therein for the manu
facture of coats, vests, trousers, knee pants, overalls, cloaks, hats, caps, suspenders,
jerseys, blouses, waists, waist hands, underwear, neckwear, furs, fur trimmings, fur
garments, shirts, purses, feathers, artificial flowers, cigarettes or cigars, the factory
inspector, assistant factory inspector, or deputy factory inspector shall serve a
notice personally upon the owner or owners, lessee or lessees, i f any, and the agent
or agents, i f any, of such owner or owners, lessee or lessees of such tenement or
dwelling house o f the fact that such room or apartment in such tenement or dwelling
house is being so used, and that i f such use he continued the owner or owners of such
tenement or dwelling house may he subject to punishment for misdemeanor. I f such
room or apartment in any tenement or dwelling house shall he continued to he used
in such manner hy the same person or persons at a period of thirty days later than
the personal service of such notice as above provided, the owner and lessee of said
premises and the agent, i f any, o f such owner or lessee permitting or suffering such
use as aforsaid shall l>8 guilty o f a misdemeanor, punishable in like manner and to
like extent as prescribed hy the fourth section of this act in the amendment thereby
made o f section twenty-one; Provided, however, In case of personal service of the
notice as in this section prescribed that i f the owner or owners or his or their agent
or agents on his or their behalf, shall, within fifteen days after such service of such
notice and its coming to his or their actual knowledge, if not served personally,
institute a proceeding for dispossessing the tenant as authorized in the sixth section
o f this act in the amendatory section numbered thirteen &, therein set forth, and
shall in good faith prosecute such proceeding and dispossess the said tenant as soon
as he or they is or are enabled to do so, in good faith and hy the exercise of reasonable
diligence, such owner or owners and his or their agent or agents shall not under this
section he deemed guilty of or punishable as for a misdemeanor, unless for a subse
quent offense.
Sec . 6. Said act is hereby amended hy adding the following section:
$ 13&. Whenever any room or apartment in any tenement or dwelling house
shall he used hy any person other than the tenant thereof or immediate members
o f the family of such tenant living therein for the manufacture of coats, vests,
trousers, knee pants, overalls, cloaks, hats, caps, suspenders, jerseys, blouses, waists,
waistbands, underwear, neckwear, furs, fur trimmings, fur garments, shirts, purses,
feathers, artificial flowers, cigarettes or cigars, except as provided by section seven
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of this act, such use shall he deemed good and sufficient cause for the dispossessing of
such tenant, in a special proceeding brought by the landlord of said premises to dis
possess such tenants.
Sec. 7, This act shall take effect four months after the passage thereof.
Became a law May 29, 1896, with the approval of the governor. Passed, threefifths being present.
UTAH.
ACTS OF 1896.
Chapter 6.— Blacklisting .
Section 1. No company, corporation or individual shall blacklist or publish, or
cause to be published or blacklisted any employee, mechanic, or laborer, discharged
or voluntarily leaving the service o f such company, corporation, or individual, with
intent and for the purpose o f preventing such employee, mechanic or laborer from
engaging in or securing similar or other employment from any other corporation,
company or individual.
Se c . 2. I f any officer, or agent o f any company, corporation, or individual, or other
person, shall blacklist, or publish, or cause to be published, any employee, mechanic
or laborer, discharged by such corporation, company or individual, with the intent
and for the purpose o f preventing such employee, mechanic, or laborer from engag
ing in or securing similar or other employment from any other corporation, company
or individual, or shall in any manner conspire or contrive, by correspondence, or
otherwise, to prevent such discharged employee from securing employment, he shall
be deemed guilty o f a felony and, upon conviction, shall be fined not less than five
hundred dollars and be imprisoned in the penitentiary not less than sixty days.
Approved February 3, 1896.
Chapter 24.— F ettow -servants defined.
Section 1. A ll persons engaged in the service o f any person, firm or corporation,
foreign or domestic, doing business in this State, who are entrusted by such person,
firm or corporation as employer with the authority o f superintendence, control or
command of other persons in the employ or service of such employer, or with the
authority to direct any other employee in the performance of any duties o f such
employee are vice-principals o f such employer and are not fellow-servants.
Se c . 2. A ll persons who are engaged in the service of such employer, and who, while
so engaged, are working together at the same time and place to a common purpose,
o f the same grade o f service, neither o f such persons being entrusted by such employer
with any superintendence or control over his fellow employees, are fellow-servants
with each other: Provided , That nothing herein contained shall be so construed as
to make employees o f such employer in the service o f such employer fellow-servants
with other employees engaged in any other department of service o f such employer.
Employees who do not come within the provisions o f this section shall not be con
sidered fellow-servants.
Approved February 21, 1896.
Ch apter 28.— E m p lo ym en t o f women and children in m ines, etc.
Section 1. It shall be unlawful for any person, firm or corporation to employ any
child under fourteen years of age, or any female, to work in any mine or smelter in
the State o f Utah.
Se c . 2. Any person, firm or corporation who shall violate any of the provisions o f
this act shall be deemed guilty of a misdemeanor.
Approved March 2,1896.
Chapter 40.— Attorneys? fe e s in suits f o r wages .
Section 1. Whenever a mechanic, artisan, miner, laborer, or servant, or employee
shall have cause to bring suit for his wages earned and due, and owing according to
the terms o f employment, and he shall establish by the decision o f the court or jury,
that the amount for which he has brought suit is justly due and owing and that a
demand has been made in writing, at least fifteen days before suit is brought, for a
sum not to exceed the amount so found due and owing, then it shall be the duty o f
the court before which the case shall be tried, to allow to the plaintiff, when the
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foregoing facts appear, a reasonable attorney's fee in addition to the amount found
due and owing for wages, to be taxed as costs o f suit, and in justice's court such
attorney's fee shall not be more than $5.00, and in the district court, not more than
$ 10 .00 , except in cases of appeal from a justice's court to the district court, when
the plaintiff may recover an attorney's fee not exceeding $25.00.
Approved March 7, 1896.
Chapter 49.— Wages preferred in assignments , etc.
Section 1. Hereafter, when the property o f any company, corporation, firm or
person shall be seized upon by any process of any court of this State, or when their
business shall be suspended by the action of creditors, or be put into the hands of a
receiver, assignee or trustee, then in all such cases the debt owing to employees,
laborers or servants, for work or labor performed within one year next preceding
the seizure or transfer o f such property, shall be considered and treated as preferred
debts, and such laborers, servants or employees shall be preferred creditors, and
shall be first paid in fu ll; and if there be not sufficient to pay them in full, then the
same shall be paid to them pro rata, after paying costs. Any such employee, laborer,
or servant desiring to enforce his or her claim for wages under this act, shall present
a statement, under oath, showing the amount due after allowing all just credits and
set-offs, the kind of work for which such wages are due, and when performed, to the
officer, person or court charged with such property, within ten days after the seizure
thereof on any writ o f attachment, or within thirty days after the same may have
been placed in the hands o f any receiver or trustee; any person with whom any
such claim shall have been filed, shall give immediate notice thereof by mail to all
persons interested; and thereupon it shall be the duty of the person or the court
receiving such statement to pay the amount of such claim or claims to the person
or persons entitled thereto (after first paying all cost occasioned by the seizure of
such property) out of the proceeds o f the sale o f the property seized: Provided,
That any person interested may contest such claim or claims, or any part thereof,
by filing exceptions thereto, supported by affidavit, with the officer having the cus
tody of such property, within ten days after the notice o f presentment of said state
ment and thereupon the claimant shall be required to reduce his claim to judgment
before some court having jurisdiction thereof, before any part thereof shall be paid,
and the party contesting shall be made a party defendant in any such action and
shall have the right to contest such claim, and the prevailing party shall recover his
proper costs.
Se c . 2. An act entitled “ An act to protect employees and laborers in their claims
for wages," approved March 10,1892 [chap. 30, acts o f 1892], is hereby repealed.
Provided, That the repeal o f said act shall not affect any right or remedy, nor
abate any suit or action or proceeding existing, instituted or pending, under the
law hereby repealed.
Sec . 3. This act shall take effect upon its approval.
Approved March 13, 1896.
Chapter 56.— Protection o f employees as voters.
Section 1. It shall be unlawful for any person, directly or indirectly, by himself
or through any other person:
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(b) To give, offer or promise any office, place or employment, or to promise or pro
cure, or endeavor to procure any office, place or employment, to or for any voter, or
to or for any other person, in order to induce such voter to vote or refrain from vot
ing at any election provided by law, or to induce any voter to vote or refrain from
voting at such election for any particular person or persons.
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Sec . 2. It shall be unlawful for any person, directly or indirectly, by himself or
through any person:
(a ) To receive, agree or contract for, before or during an election provided by law,
any money, gift, loan or other valuable consideration, office, place or employment,
for himself or any other person, for voting or agreeing to vote, or for going or agree
ing to go to the polls, or for remaining or agreeing to remain away from the polls,
or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote,
or refraining or agreeing to refrain from voting for any particular person or persons,
measure or measures, at any election provided by law.
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Sec . 4. It shall be unlawful for any person, directly or indirectly, by himself or
any other person in his behalf, to make use o f any force, violence or restraint, or to
inflict or threaten the infliction, by himself or through any other person, of any
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injury, damage, harm or loss, or in any manner to practice intimidation upon or
against any person in order to induce or compel such person to vote or refrain from
voting for any particular person or persons, measure or measures, at any election
provided by law, or on account o f such person having voted or refrained from
voting at any such election. And it shall be unlawful for any person, by abduction,
duress or any forcible or fraudulent device or contrivance whatever, to impede, pre
vent or otherwise interfere with the free exercise. o f the elective franchise o f any
voter, either to give or refrain from giving his vote at any such election, or to give
or refrain from giving his vote for any particular person at any such election. It
shall be unlawful for any employer, either corporation, association, company, firm
or person, in paying its, their, or his employees the salary or wages due them, to
enclose their pay in “ pay envelopes ” on which there is written or printed any politi
cal mottoes, devices or arguments, containing threats, express or implied, intended
or calculated to influence the political opinion, views or actions o f such employees.
Nor shall it be lawful for any employer, either corporation, association, company,
firm, or person, within ninety days o f any election provided by law, to put up or
otherwise exhibit in its, their or his factory, workshop, mine, mill, boarding house,
office or other establishment or jdace where its, their or his employees may be work
ing or be present in the course o f such employment, any hand-bill, notice or placard,
containing any threat, notice or information, that in case any particular ticket or
candidate shall, or shall not be elected, work in its, their or his establishment shall
cease in whole or in part, or its, their or his establishment be closed, or the wages
o f its, their or his workman be reduced; or other threats, express or implied, intended
or calculated to influence the political opinions or actions of its, their or his
employees. •Any person or persons, or corporation violating any o f the provisions of
this section shall bo deemed guilty of a misdemeanor, and any person, whether acting
in his individual capacity or as an officer or agent o f any corporation, so guilty of
such misdemeanor shall bo punished as hereinafter prescribed.
Se c . 5. It shall be unlawful for any corporation or any officer or agent of any
corporation 1o influence or attempt to influence, by force, violence or restraint,
or by inflicting or threatening to inflict any injury, damage, harm or loss or by
discharging from employment or promoting in employment, or by intimidation or
otherwise in any manner whatever, to induce or compel any employee to vote or
refrain from voting at any election provided by law, or to vote or refrain from vot
ing for any particular person or persons, measure or measures, at any such elec
tion. Any such corporation, or any officer or agent o f such corporation, violating
any o f the provisions o f this section, shall be deemed guilty of a misdemeanor and
be subject to the penalty hereinafter provided, and in addition thereto, any corpo
ration violating this section shall forfeit its charter and right to do business in this
Stato.
Se c . 8 . A person offending against any provision of sections 1, 2 and 7 of this
act, is a competent witness against another j>erson so offending, and may be com
pelled to attend and testify upon any trial, hearing, proceeding or investigation in
the same manner as any other person. But the testimony so given shall not be used
in any prosecution or proceeding, civil or criminal, against the person so testifying,
except for perjury in giving such testimony. A person so testifying, shall not there
after be liable to indictment, prosecution or punishment for the offense with refer
ence to which his testimony was given, and may plead or prove the giving o f
testimony accordingly, in bar o f such an indictment or prosecution.
Se c . 9. Any person convicted of any of the crimes or offenses mentioned in sec
tions 1, 2 and 7 o f this act, shall be punished by a fine o f not more than one thousand
dollars, or by imprisonment in the State prison for not more than five years, or by
both fine and imprisonment; and any corporation or agent o f a corporation, guilty
o f any offense herein made a misdemeanor, shall, upon conviction, be punished by a
fine not exceeding one thousand dollars.
Se c . 10. The provisions o f this act shall extend, so far as applicable, to all elec
tions provided by law, special or general.
Approved March 19, 1896.
Chapter 62.— Board o f labor, conciliation, and arbitration.
Section 1. As soon as this act shall be approved, the governor, by and with the
consent of the senate, shall appoint three persons, not more than two o f whom shall
belong to the same political party, who shall be styled a State board o f labor, con
ciliation and arbitration, to serve as a State board of labor, conciliation and arbi
tration, one o f whom and only one o f whom shall be an employer o f labor, and only
one o f whom shall be an employee, and the latter shall be selected from some labor
organization, and the third shall be some person who is neither an employee nor an
employer o f manual labor, and who shall be chairman of the board. One to serve
for one year, one for three years and one for five years as may be designated by the
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governor at tho time of their appointment, and at the expiration of their terms,
their successors shall ho appointed in like manner for the term o f four years. I f a
vacancy occurs at any time, the governor shall, in the same manner appoint some
one to servo the unexpired term and until the appointment and qualification of his
successor. Each member o f the said hoard shall, before entering upon the duties of
his office, ho sworn to a faithful discharge thereof.
Se c . 2. Tho hoard shall at once organize by selecting from its members a secre
tary, and they shall, as soon as possible after such organization, establish suitable
rules of procedure.
Se c . 3. When any controversy or difference, not involving questions which may bo
tho subject of an action at law or bill in equity, exists between an employer (whether
an individual, copartnership or corporation) employing not less that ten persons,
and his employees, in this State, the board shall, upon application as herein pro
vided, and as soon as practicable thereafter, visit the locality of the dispute, and
make a careful inquiry into the cause thereof, hear all persons interested therein,
who may come before them, advise tho respective parties what, i f anything, ought
to be done or submitted to by either or both to adjust said dispute, and make a
written decision thereof.
Se c . 4. This decision shall at once be made public, shall be recorded upon the
proper book of record to be kept by the secretary of said board, and a short state
ment thereof published in the annual report hereinafter provided for.
Se c . 5. Said application shall be signed by said employer, or by a majority of his
employees in the department of the business in which the controversy or difference
exists, or by both parties, and shall contain a concise statement of the grievances
complained of, and a promise to continue on in business or at work without any
lockout or strike until a decision o f said board, i f it shall be made within three
weeks o f the date o f filing the said application.
Se c . 6 . As soon as may be after receiving said application, the secretary of said
board shall cause public notice to be given, of tho time and place for the hearing
thereon, but public notice need not be given when both parties to the contro
versy join in tho application and present therewith a written request that no public
notice bo given. When such request is made, notice shall be given to the parties
interested in such manner as the board may order, and the board may at any stage
o f the proceedings, cause public notice, notwithstanding such request.
Sec . 7. The board shall have tho power to summon as witnesses by subpoena any
operative or expert in tho department o f business affected, and any person who
keeps tho records of wages earned in those departments, or any other person, and to
administer oaths, and to examine said witnesses and to require the production of
books, papers and records. In case of a disobedience to a subpoena tne board may
invoke the aid o f any court in the State in requiring the attendance and testimony
o f witnesses and the production o f books, papers and documents under the provi
sions o f this section. Any o f the district courts of tho State, within the jurisdiction
o f which such inquiry is carried on, may, in case of contumacy or refusal to obey a
subpoena issued to any such witness, issue an order requiring such witness to appear
before said board and produce books and papers if so ordered, and give evidence
touching the matter in question. Any refusal to obey such order o f the court may
be punished by such court as a contempt thereof.
Se c . 8. Upon the receipt o f such application and after such notice, the board shall
proceed as before provided and render a written decision, and the findings ol the
majority shall constitute tho decision of the board, which decision shall be open to
public inspection, shall be recorded upon the records o f the board and published in
an annual report to be made to the governor before the first day of March in each
year.
Sec . 9. Said decision shall be binding upon the parties who join in said applica
tion, or who have entered their appearance before said board, until either party has
given the other notice in writing of his or their intention not to be bound by the
same, and for a period o f 90 days thereafter. Said notice may be given to said
employees by posting in three conspicuous places where they work.
Se c . 10. Whenever it shall come to the knowledge of the State board that a strike
or lockout is seriously threatened in the State involving any employer and his
employees, i f he is employing not less than ten persons, it shall be the duty of the
Stato board to put itself into communication as soon as may be, with such employer
and employees, and endeavor by mediation to effect an amicable settlement between
them and endeavor to persuade them to submit the matters in dispute to the State
board.
Se c . 11. The members o f said board shall each receive a per diem of three dollars
for each day's service while actually engaged in the hearing o f any controversy
between any employer and his employees, and five cents per mile for each mile neces
sarily traveled in going to and returning from the place where engaged in hearing
such controversy, the same to be paid by the parties to the controversy, appearing
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before said board, and tlie members of said board shall receive no compensation or
expenses for any other service performed under this act.
Se c . 12. Any notice or pr*. a&s issued by the State board of arbitration shall be
served by any sheriff, to whom the same may be directed, or in whose hands the
same may be placed for service without charge.
Approved March 24,1896.
Chapter 69.— Time to vote to be allowed employees.
Section 38. Any person entitled to a vote at a general election held within this
State, shall, on the day o f such election, be entitled to absent himself from any
employment in which he is then engaged or employed for a period of two hours
between the time of opening and the time o f closing the polls, and any such absence
shall not be sufficient reason for the discharge o f any such person from such service
or employment, and such voter shall not, because of so absenting himself, be liable
to any penalty, nor shall any deduction be made on account of such absence, from
his usual salary or wages (except when such employee is employed and paid by the
hour): Provided, however, That application shall be made for such leave of absence
prior to the day of election. The employer may specify the hours during which such
employee may absent himself as aforesaid. Any person or corporation who shall
refuse to his or its employees the privilege hereby conferred, or who shall subject an
employee to a penalty or reduction o f wages because of the exercise of such privilege,
or who shall, directly or indirectly violate the provisions of this act shall be deemea
guilty o f a misdemeanor.
Approved March 28, 1896.
Chapter 72.— Hours o f labor— Mines, smelters, etc.
S ection 1. The period o f employment o f workingmen in all underground mines
or workings shall be eight ( 8 ) hours per day, except in cases o f emergency where
life or property is in imminent danger.
Se c . 2. The period of employment o f workingmen in smelters and all other insti
tutions for the reduction or refining o f ores or metals shall be eight (8) hours per
day, except in cases of emergency where life or property is in imminent danger.
Se c . 3. Any person, body corporate, agent, manager or employer, who shall vio
late any o f the provisions of sections 1 and 2 of this act shall be deemed guilty o f
a misdemeanor.
Approved March 30, 1896.
Chapter 81.— Convict labor— State prison.
Section 29. The warden shall also have authority, under such regulations as the
board [o f corrections] may adopt, to employ convicts in the erection or repair o f
the buildings or walls of the prison or on the prison farm.
Se c . 32. It shall be the duty o f the prison board to meet at least once in six months
to determine what lines o f productive labor shall be pursued in the prison, and in
so determining the board shall select diversified lines o f industry with reference to
interfering as little as possible with the same lines of industry carried on by citizens
o f this State, but no contract shall be made for the labor o f prisoners confined in the
State prison, but such prisoners shall be employed by the warden under rules and
regulations established by the board.
Sec . 33. The board is required to employ so many prisoners as are necessary in
making all articles for the various State institutions as far as practicable, and the
State institution shall pay to the prison making such articles, the market price o f
all such articles furnished.
Se c . 37. A ll convicts other than such as are confined in solitude for misconduct in
the prison shall as far as practicable be kept constantly employed at hard labor at
an average o f not less than eight hours a day, Sundays and holidays excepted, unless
incapable of laboring by reason o f sickness or other infirmity.
Approved April 3, 1896.
Chapter 101.— Attorneys? fees on foreclosure of mechanics? liens.
Section 1. Chapter X L I o f the Session Laws o f 1894, being “ An act to secure
liens to mechanics and others, and to repeal all other acts and laws in relation
thereto,” is hereby amended by adding thereto a new section to be called section 17,
as follows:
$ 17. In any action brought to enforce any lien under this act, where judgment
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is rendered for a lien holder, such lien holder shall be entitled to recover a reason
able attorney’s fee, not to exceed $25.00, to be fixed by the court, which shall be
taxed as costs in the action.
Sbc. 2. This act shall take effect upon approval.
Approved April 5, 1896.
Chapter 113.— Coal-m ine inspection
and regulations .
Section 1. There shall be appointed a coal-mine inspector for the State. Such
inspector shall, before entering upon the discharge of his duties, give bond to the
State in the sum of five thousand dollars, conditioned for the faithful discharge of his
duties, to be approved by the secretary of state; said inspector shall be appointed
by the governor, by and with the consent of the senate, and shall hold his office
until his successor is appointed and qualified. The term of office of the inspector
shall be four years from the date of his appointment: P rovided , That he may be
removed by the governor.
Sec. 2. No person shall be eligible for appointment as coal-mine inspector under
section 1 of this act who is not a coal miner of at least five years’ practical experience
and who has not been a coal miner in this State for at least two years prior to his
appointment, and no person who shall act as land agent, manager, agent or mining
engineer for, or who is interested in any way in operating, any coal mine in the
State, shall, during such employment, be eligible to the office of coal-mine inspector.
Sec. 3. It shall be the duty of the coal-mine inspector provided for in this act to
make careful and thorough inspection of each coal mine operated in the State, at
least quarterly, and report to the governor at least once a year upon the condition of
each coal mine in the State, with reference to the appliances for the safety of the
miners, the number of air and ventilating shafts, slopes or tunnels, the number of
shafts, slopes or tunnels for ingress or egress, the character and condition of the
machinery for operating, ventilating and draining of such mines, and the quantity
of air supplied to the same.
Sec. 4. The owner, operator or superintendent of every coal mine shall make or
cause to be made an accurate map or plan of such mine, on a scale of one hundred
feet to the inch, which map or plan shall exhibit all the openings or excavations,
the shafts, tunnels, slopes, planes, gangways, entries, cross-headings, rooms, etc., of
such mine; and shall show the directions of the air currents therein, and shall
accurately delineate the boundary line between said mine and adjoining mines, and
show its relations and proximity thereto. The said map or plan, or a true copy
thereof, shall be furnished to the inspector within ninety days after the passage of
this act, and another copy shall be kept at such mine for the inspection of any
employee therein. The said owner, operator or superintendent shall, as often as
once in every six months thereafter, accurately place or cause to be placed on the
map or plan and on said copies thereof, all the additional excavations which have
been made during said six months in their mine. The several maps or plans of
mines in the State which are furnished to the State inspector, shall be the property
of the State and shall remain in the care of the said inspector, be transferred by
him to his successor in office, and in no case shall any copy of the same be made
without the consent of the owner, operator or agent. If the said State inspector
of coal mines shall find or have good reasons to believe that any map or plan of any
coal mine made or furnished in pursuance of the provisions of this act, is materially
inaccurate or imperfect, he is hereby authorized to cause a correct plan or map of
said coal mine to be made at the expense of the owner or operator thereof, the cost
of which will be recoverable by law: P rovided, how ever, That if the map or plan
which is claimed to be inaccurate shall prove to have been practically correct, then
the State shall be held liable for the expense incurred in making suclr test survey.
Sec . 5. In case the said inspector shall report that any coal mine is not properly
constructed or not furnished with proper machinery and appliances for the safety of
the miners and all other employees, it shall be the duty of the governor to give notice
to the owner or manager of said coal mine that the mine is unsafe and notify them
in what particular the mine is unsafe and require them to furnish or provide such
additional machinery, shafts, slopes, tunnels, entries, means of escape, ventilation
or appliances necessary to the safety of the mines and the employees within a period to
be in said notice named, and if the necessary changes be not made as in said notice
required, it shall be unlawful after the time fixed in said notice for the said owner
or manager to operate said mine.
Sec. 6. In all coal mines within the State, the owner or manager thereof shall pro
vide at least two shafts, slopes, tunnels, or other outlets separated by natural strata
or formation of not less than one hundred and fifty feet in breadth, by which shafts,
slopes, tunnels or outlets, distinct means of ingress and egress shall always be avail
able to the persons employed in said mine, and in case any coal mine is not so pro-
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vided, it shalTbdthe duty o f the inspector to make report of each fact, and thereupon
notice shall issue as provided in section 5 o f thiB act.
Se c . 7. The owner or manager o f every coal mine at a depth o f one hundred feet
or more, whether the mine shall he operated b y shaft, slope, tunnel or other outlet,
shall provide an adequate amount o f ventilation of not less than one hundred ombic
feet o f pure air per minute, for each person at work in said mine, and three hundred
cubic feet of pure air per minute for each,animal used therein^ and in like proportion
for a greater or lesser number, which air shall, by proper appliances or machinery, be
forced through such mine to the face o f each and every working place, so as to dilute
and render harmless and expel therefrom the noxious or poisonous gases; and all
workings shall be kept clear of standing gas: Provided further, That in all mines
wherein fire damp or other explosive gases are known to exist, double the quantity
o f pure air as hereinbefore mentioned in this section shall be required.
Se c . 8. Any mine owner or manager who shall continue to operate a mine, in vio
lation o f any of the provisions of this act, after the expiration o f the period o f the
notice provided for in section 5 o f this act, shall upon conviction be fined not less
than five hundred dollars nor more than five thousand dollars.
Sec . 9. In no case shall a furnace shaft be deemed an escape shaft.
Sec . 10. Escape shafts shall be constructed in compliance with the requirements o f
this act within six months from the time this act goes into effect, unless the time
shall be extended by the inspector, and in no case shall such time be extended to
exceed one year.
Se c . 11. In shaft or slope mines, where persons are lowered or hoisted by machin
ery, a metal speaking tube or other suitable appliance from the top to the bottom
of the shaft or slope shall be provided in all cases so that conversation may be car
ried on through the same.
Sec . 12. In shaft mines an approved safety catch shall be provided and sufficient
cover over head on every cage used in lowering or hoisting persons; there shall be
provided at the bottom o f every hoisting shaft at every coal mine worked by shaft
in the State at the sides thereof a traveling way, which shall be sufficiently high
and wide so as to enable persons to pass the shaft without having to go over or under
the cage or hoisting apparatus; and the inspector shall examine and pass upon the
adequacy and safety of all hoisting apparatus.
Sec . 13. Only experienced, competent and sober men shall be placed in charge of
hoisting apparatus or engines, and the maximum number o f persons who may ascend
or descend upon any cage or hoisting apparatus at one time shall be determined by
the inspector.
Sec . 14. It shall be lawful for the inspector to enter and inspect any coal mine in
the State and the work and machinery belonging thereto at all times (but not so as
to impede or obstruct the working o f the mine), and to make inquiry as to the con
dition o f the mine, works, machinery, the ventilation and mode o f lighting, and
into all matters or things connected with or relating to the safety of the persons
employed in or about said mines. The owner or manager is hereby required to fur
nish means necessary for such entry, inspection, examination and inquiry.
The
said inspector shall make an entry in the records of his office, noting the time and
material circumstances of such inspection.
Se c . 15. In all cases ot fatal accident, a full report thereof shall be made by the
mine owner or manager to the mine inspector, said report to be in writing and made
within ten days after such accident shall have occurred. All cases of nonfatal acci
dents which have been sufficiently serious as to prevent the injured person from con
tinuing his regular employment for a period of one week from the time o f the
accident, shall be reported to said inspector.
Se c . 16. The owner, agent or operator of any coal mine operated within the State,
shall keep a sufficient supply o f timber on hand to be used as props and cap pieces
so that the workmen employed therein may at all times be able to properly secure
said workings from caving in, and it shall be the duty of said owner, agent or
operator, to send down in the mine all such props or cap pieces, and place them not
more than three hundred feet from the face of such workings.
Se c . 17. As a cumulative remedy in case of the failure of any owner or manager o f
any mine to comply with the requirements contained in the notice o f the governor,
given in pursuance o f this act, any court o f competent jurisdiction, or judge o f said
court in vacation, may on the application of the inspector, in the name of the State,
and supported by the recommendation o f the governor, issue an injunction restrain
ing the operation of such mine, until such requirements are complied with, and, in
order to obtain such injunction, no bond shall be required.
Sec . 18. Whenever the term u owner or manager" is used in this act, the same
shall include lessees or other persons controlling the operation o f any mine; and in
case o f any violation o f the provisions of this act by any corporation, the managing
officer and superintendents or other managing agents of such corporation shall be
personally liable to punishment as provided in this act for owners or managers.
LABOR
LAW S— UTAH — ACTS OF
1896,
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Sec , 19. The provisions of this act shall not apply to or affect any coal mine in
which not more than six men are employed in twenty-four hours: Provided, That
when considered necessary by the inspector, he shall make or cause to be made an
inspection o f such mine and direct and enforce any regulations in accordance with
the provisions of this act, that he may deem necessary for the safety, health and
lives o f the miners.
Sec . 20. For the purpose o f this act, all hydrocarbon mines shall be deemed to be
coal mines.
Se c . 21. The inspector shall devote the whole of his time to the duties of his office
and shall receive for his services an annual salary as provided by law, actual travel
ing expenses not exceeding ten cents per mile mileage for all distances necessarily
traveled in the discharge o f his official duties, to be paid quarterly by the State
treasurer; and said inspector shall reside in the State. He shall collect from the
owner or owners o f each mine inspected a fee o f ten dollars for each inspection made.
Said fees shall be paid into the State treasury quarterly. All necessary apparatus
that may be required by the said inspector to enable him to properly discharge his
official duties, shall be paid for by the State, and the said inspector is hereby author
ized to procure the same; all accounts for said apparatus shall be certified by the
said inspector, audited by the proper department of the State and paid by the State
treasurer. All instrumeuts, plans, books, memoranda, notes, etc., pertaining to said
office o f inspector o f coal mines, shall be the property of the State, and the said
inspector shall deliver the same to his successor in office.
Se c . 22. All acts and parts of acts in conflict herewith are hereby repealed.
Approved April 5, 1896.
RECENT GOVERNMENT CONTRACTS.
[The Secretaries o f the Treasury, War, and Navy Departments hare consented to
furnish statements o f all contracts for constructions and repairs entered into by them.
These, as received, w ill appear from time to time in the Bulletin.]
The following contracts have been made by the office of the Super
vising Architect o f the Treasury:
St . P a u l , M in n .—December 9, 1896. Contract with the Angus
McLeod Company, Minneapolis, Minn., for roof sheathing, slate and
copper work o f roof, down and drain pipes, roof skylights, etc., for postoffice, court-house, and custom-house, $17,937. Work to be completed
within one hundred and five days.
St . P a u l , M in n .—December 9, 1896. Contract with the Pioneer
Fireproof Construction Company, Chicago, 111., for floor arches, etc.,
for post-office, court-house, and custom-house, $15,690. W ork to be
completed within three months.
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