Full text of Bulletin of the United States Bureau of Labor, Nos. 1 - 100 : July 1898 : Bulletin of the United States Bureau of Labor, No. 17, Volume III

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55t h C o n g r e s s , ) HOUSE OF REPRESENTATIVES. ( D oc. No.206,
2d Session.
j
\ Part 4.

BULLETIN
OF TH E

DEPARTMENT OF LABOR.




No. IT— JULY, 1898.
ISSUED EVERY OTHER MONTH.

EDITED B Y

CARROLL D. W RIGH T,
COMMISSIONER.

OREN W . W E A V E R ,
CHIEF CLERK.

W A SH IN G TO N :
GOVERNMENT

PRINTING

1 898.

OFFICE,




CONTENTS.
Page.

Economic aspects of tlie liquor problem....................................................................... 509-551
Brotherhood relief and insurance o f railway employees, by Emory R. John­
son, Ph. D ., of the University of Pennsylvania................................................... 552-596
The nations of Antwerp, by J. How ard Gore, Ph. D ., of Columbian University 597-612
Digest of recent reports of State bureaus of labor statistics:
C onnecticut.................................................................................................................... 613-615
Maryland........................................................................................................................... 615-617
Digest of recent foreign statistical publications..........................................................618-624
Decisions of courts affecting labor.................................................................................. 625-657
Laws of various States relating to labor enacted since January 1, 1896.......... 658-663
Recent Government contracts..........................................................................................
664




in




BULLETIN
OF THE

DEPARTMENT
No. 17.

OE L A B O R .

WASHINGTON.

Ju

ly

,

1898.

ECONOMIC ASPECTS OF TH E LHiUOR PROBLEM.

The Twelfth Annual Report of the Commissioner of Labor is entitled
Economic Aspects of the Liquor Problem. The act making appropria­
tions for the legislative, executive, and judicial expenses of the Gov­
ernment for the fiscal year ending June 30, 1890, authorized the
Commissioner of Labor to make an investigation relating to the above
subject, providing such investigation could be carried out under the
regular appropriations made for the Department of Labor.
A report on the economic aspects of the liquor problem, to cover the
various phases of the subject, should consider the agricultural prod­
ucts and other materials used in the production of liquors 5 the manu­
facture of liquors as a distinct industry; the transportation of liquors
from the place of production to that of consumption; the consumption
of and the traffic in liquors; the revenue derived from the manufacture
and traffic; the laws regulating the collection of revenue; the expe­
rience and practice of employers in relation to the use of intoxicants,
and all the financial conditions relating to the liquor business.
The agricultural products used in the manufacture of liquors form,
as a rule, a very small proportion of the total of such products, and it is
therefore not possible to ascertain the capital, the number o f employees,
etc., represented by such portion. The transportation of liquor forms
a very small proportion of the land and water transportation business
o f the whole country, and it is impossible to estimate the capital and
number of employees represented by it. On the remaining subjects
enumerated above, reliable and fairly complete data in regard to the
production of liquors were found in the reports of the Commissioner of
Internal Revenue and the publications of the census office. To obtain
information in regard to the traffic in liquors and the revenue derived
from the manufacture and traffic, as well as the experience and practice
of employers in relation to the use of intoxicants, original inquiry was
necessary, and it is along these lines that the main work of this inves­
tigation was done, the amount of work and its comprehensiveness
being limited by the provisions of the law authorizing the investiga­
tion, that it should be conducted under the regular appropriations of
the Department.




509

510

BULLETIN OF THE DEPARTMENT OF LABOR.

Iii the Twelfth Annual Report the facts ascertained by the investiga­
tion are presented under the following heads: The production of liquors ;
the consumption of liquors; the traffic in liquors; the revenue from the
production of and the traffic in liquors; the experience and practice of
employers relative to the use of intoxicants; and laws regulating the
revenue derived from liquor production and traffic.
THE PRODUCTION OF LIQUORS.
Statistics concerning the number of distilleries and breweries and
the quantity of distilled spirits and fermented liquors manufactured
in the United States are presented in the annual reports of the Com­
missioner o f Internal Revenue. The following table, prepared from
those reports and from the Statistical Abstract of the United States,
issued by the Bureau of Statistics of the Treasury Department, shows
the number of distilleries in operation and breweries and the quantity
of the production, also the quantity of domestic wines produced, dur­
ing each fiscal year from 1880 to 1896, inclusive:
D IST IL L ER IES IN OPER ATION A N D B R E W E R IE S A N D PRODUCTION OF D IST IL L E D
SPIRITS, F ER M EN T ED LIQUORS, A N D DOMESTIC W IN E S , 1880 TO 1896.
[Tlie facts relating to distilleries and breweries are from the reports of the Commissioner of Internal
Revenue; those relating to wines are estimates from the Statistical Abstract of the United States,
issued by the Bureau or Statistics of the Treasury Department.]
Distilleries in
operation.

Breweries.

Year ending—

June 30,1889.
June 30,1881.
June 30,1882.
June 30,1883.
June 30,1884.
June 30,1885.
June 30,1886.
June 30,1887June 30,1888.
June 30.1889.
June 30,1890.
June 30,1891.
June 30,1892.
June 30,1893.
June 30,1894.
June 30,1895.
June 30,1896.

Number. Production Number,
(gallons).
(a)

Production
(barrels).

91,378,417
119,528, Oil
107,283,215
75,294, 510
76,531,167
76,405, 074
81,849,260
79,433,446
71,688,188
91,133, 550
111, 101,738
117,767,101
118,436,506
131,010,330
92,153,651
81,909,771
89,992,555

13,347, 111
14,311,028
16,952, 085
17,757,892
18,998,619
19,185, 953
20,710, 933
23,121,526
24,680,219
25,119,853
27,561,944
30,497,209
31,856,626
34,591,179
33,362, 373
33,589,784
35,859, 250

4,661
5.210
5,022
5,129
4,738
5,172
6,034
4,905
3,646
4,349

6.211

3,819
5,925
4,743
5,148
2,429
6,187

2,741
2,474
2, 371
2,378
2,240
2,230
2,292
2,269
b 1,968
2,144
2,156
2,138
1,967
1,930
1,805
1,771

1,866

Domestic
wines
(gallons).

23, 453, 827
19, 000,000
19,999,996
17, 487,0G0
17,500, 000
17.500.000
21, COD,COO
28,000,000
31, 999,994
30, 000,000
24, 806, 905
24, 306, 906
23,725,418
27,126,500
18,875,728
17,748,360
15.930.000

a The figures in this column are for special-tax years which up to 1890 began May 1. By act of
Congress the special-tax year was made identical with the fiscal year, the law taking effect Julv 1.1891.
b Obtained by dividing*the amount of internal-revenue tax paid by the annual rate of tax.

The production o f distilled spirits is shown to have varied greatly
from year to year, beginning with 91,378,417 gallons in 1880, reaching
119,528,011 in the next year, which stood as the maximum until 1893,
when it reached 131,010,330, but in the meantime falling in 1888 to the
minimum for the period, when it amounted to but 71,688,1S8 gallons.
The production of fermented liquors seems to have made a steady
growth from 13,347,111 barrels in 1880 to 35,859,250 barrels in 1890.




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

511

It can hardly be said that the tendency of this growth has been to dis­
place distilled spirits. In fact, there is no apparent relation between
the two. In 1893, the year of maximum production of distilled spirits?
the production of fermented liquors reached 34,591,179 barrels, both
classes making much more than a normal increase over the preceding
year. In 1888, the year of minimum production of distilled spirits, the
production of fermented liquors was 24,G80,219 barrels, apparently
about a normal quantity.
The production of domestic wines is also seen to have been fluctuat­
ing greatly, having been 23,453,827 gallons in 1880 and falling to a
minimum in 1896 of 15,980,000 gallons, although in 1888 it exceeded
and in 1889 equaled 30,000,000 gallons. This great fluctuation was
probably largely due to the fact that the production wras dependent
upon a fruit crop, always a more or less uncertain element.
Statistics concerning the capital, employees, value of products, etc.,
of establishments engaged in the manufacture of liquors should be con­
sidered in connection with the quantity of the product. The only avail­
able data on this subject are contained in the reports of the Federal
census, and the following table, prepared from those reports, presents
the statistics concerning the manufacture of distilled, fermented, and
vinous liquors in each State and Territory, as reported at the censuses
of 18S0 and 1890. In compiling the data presented in this table, no
reference whatever was had to the reports of the Commissioner of
Internal Revenue; therefore the values in the following table should
not be compared with the quantities given in the preceding table, nor
can the number of establishments given in the two tables be compared
except as hereafter specified. The census tables concerning the manu­
facture of liquors are classified as “ Distilled liquors/’ “ Fermented
liquors,” and “ Yinous liquors.”
M A N U F A C T U R E OF DISTILLED, F ER M EN TED , A N D VINO U S LIQUORS, B Y STATES
A N D TERRITORIES, 1830 A N D 1890.
[From tlio reports of the Tentli and Eleventh censuses. The inquiries used at the census of 1890
probably resulted in obtaining a report more nearly complete than in 1880.]

States and Territories.

Estab­
lish­
Year. ments
report­
ing.

1880
1890
Arizona.................................... 1880
1890
A rkansas................................ 1880
1890
California................................ 1880
1890
Colorado.................................. 1880
1890
Connecticut............................ 1880
1890
Dakota...................................... 1880
1890
Delaware.................................. 1880
1890
District of Columbia............ 1880
1890
Alabama..................................




Capital.

Average
em­
ployees.

Total
wages.

Cost of
materials.

Value of
products.

1
3
9

$3,000
438,000
35,550

3
102
6

$510
76,240
2,140

$3,221
140,609
7,824

$5,170
344,986
14,345

11
14
267
201
23
11
23
24
10

22,100
47,075
4,663,139
9,360,507
527,100
1,917, 050
522,600
1,725, 361
64,400

16
38
1,722
1,705
139
269
121
302
20

1,965
7.541
694i 584
1,027,958
62, 096
284,687
57,559
247,033
8,604

14,202
11, 085
2, 860,446
2,073, 617
230,695
555,149
334,837
672,500
31,649

22,105
52, 775
5,121,816
5,596,800
418,902
1,601,168
562,828
1,748,508
57,160

3
3
10
5

95,800
456,876
208,300
836,434

16
58
64
120

7,445
48,060
30,186
82,422

39,374
100,608
162,739
295,017

67,698
247,046
275,232
853,800

512

BULLETIN OF THE DEPARTMENT OF LABOR.

M A N U F A C T U R E OF D IST IL L E D , FER M EN TED , A N D V IN O U S LIQUORS, B Y ST ATES
A N D TERRITORIES, 1880 A N D 1890—Concluded.

States and Territories.

Estab­
lishYear. ments
report­
ing.

Georgia.................................... 1880
1890
Idaho........................................ 1880
1890
Illinois...................................... 1880
1890
Indiana.................................... 1880
1890
Io w a......................................... 1880
1890
Kansas...................................... 1880
1890
Kentucky................................ 1880
1890
Louisiana................................ 1880
1890
M aryland................................ 1880
1890
Massachusetts...................... 1880
1890
M ichigan................................ 1880
1890
Minnesota................................ 1880
1890
M issouri.................................. 1880
1890
Montana.................................. 1880
1890
Nebraska ................................ 1880
1890
Nevada .................................... 1880
1890
New Hampshire................... 1880
1890
New Jersey............................ 1880
1890
New Mexico............................ 1880
1890
New Y o r k .............................. 1880
1890
North Carolina....................... 1880
1890
O h io ......................................... 1880
1890
Oregon...................................... 1880
1890
Pennsylvania........................ 1880
1890
Rhode Island.......................... 1880
1890
South Carolina....................... 1880
1890
Tennessee................................ 1880
1890
T exas........................................ 1880
1890
U ta h ......................................... 1880
1890
Virginia.................................... 1880
1890
Washington............................ 1880
1890
W est Virginia....................... 1880
1890
W iscon sin .............................. 1880
1890
W yom in g................................ 1880
1890
A ll other States ( a ) .............. 1890
The United States . . .

1880
1890

Capital.

Average
em­
ployees.

Total
wages.

Cost of
materials.

$106,384
310,817
5,307
5, 265
13,328,132
8,545, 740
3,103,446
1,855,113
1,155,730
294, 626
148,441

26
42
3
5
147
95
87
54
126
18
33

$106,073
1,006,872
15,000
16, 030
9,536,451
30,076,148
3,912,489
6,215, 855
2,269,493
1,057,292
489,700

56
312
4
15
3,762
3,966
999
1,181
746
207
112

$16,293
160,975
1,169
4,434
1,689, 261
2,881,969
437,821
786,418
250,354
136,756
. 36,763

247
155
11
8
69
45
41
34
114
78
102
66
93
50
17
6
24
14
33

7,608,116
14,971,953
169,113
3,188,232
2,861,090
7,323,276
3, 869,240
6,611,677
2, 216,448
3,963,163
1,395,100
3,625, 239
5,632,750
17,413,967
170,500
452, 400
627, 200
1,464,211
186,170

1,877
2,589
116
282
578
1,006
1,338
1,023
645
839
437
658
1,612
3,288
32
53
193
200
59

769,964
1,204,238
55,332
270, 884
265,631
778,142
631,375
915,837
285,976
588,109
151,712
412, 682
758,089
2, 544,662
10,825
50,670
74,438
166,183
23,363

Value of
products.

$172,654
904,698
9,105
17,580
20,398,869
65, 660, 783
5,018,797
9, 677, 973
2, 008, 296
786,585
263,420

6,351,897
9, 775,077
4,729,717
17,760,545
297,703
461,384
592,562
1, 905,760
1,860,420
3,022.696
2,344,843
7,331,537
3,595,106 i 6,216,618
2,343,741
6,728, 245
1,226,586
2,185,962
998,128
2. 979, 258
655, 680
1,165, 622
751,907
2,206,366
3,301,439
5,761, 507
6,875,762
19,059, 055
40,928
72, 442
60,930
204, 645
360,109
618, 870
357,266
1, 079, 865
88,488
157,531
722,023

6

870,000

308

140,419

73
45
5

3,430,845
10, 228,915
8,300

1,179
1,425
6

505,166
1,412,247
1,250

356
249
175
55
221
179
23
13
362
203
4
3
11

28,492,527
68,219,486
181,049
73,560
13,739,230
24,591,010
287,500
805,135
14,276,821
28,731,116
165,000
287,500
81,700

8,341
8,385
113
144
3,863
4,155
57
100
2,790
4.031
90
97
16

4,017,268
8,083,323
20,445
35,124
1,646,012
3,224,292
24,961
89, 059
1,340,234
3,144, 547
39,410
80, 025
3,702

20,751,381
18,966, 530
167,373
53, 574
10,227,336
8,054, 866
92,409
165,887
6, 985,457
7,787,284
236,944
187,500
19, 692

36, 780, 377
54,009.249
259,838
255,302
16,590,860
28,484, 290
167, 681
613, 316
11,987,832
22,698,423
398, 743
436,846
31,945

66
36
23
7
14
5
39
28
18
13
11
6
209
110
6

440,073
1,446,546
63, 500
1,534,775
153, 500
150,500
435, 010
99,867
101,500
1,328,329
422,017
833,768
7,647,205
16,820,553
35,000

166
308
30
444
50
46
107
63
39
230
121
181
1,724
8,169
16

52,946
170,709
10,591
263,34T
20,719
25,685
26,585
11,027
12, 247
213,275
45, 242
118,992
841,524
1,865,400
6,403

397,413
370,362
32,166
495, 307
77, 011
37,206
152,455
19,450
46,430
424,637
282,161
323, 894
3,741,734
4,830,656
24,326

614, 598
1,240,663
56,709
1,702, 087
139, 239
113, 531
259,302
93,132
83, 011
1,178, 306
450,186
747, 402
6,614,386
14,198, 777
43, 293

41

1,951,571

434

265,214

994,053

7,205,835

3,152 118,037,729
1,924 269,270,249

33,689
41,425

15,078,579
31,678,166

85,921,374
80,230,532

144,291,241
289,775,639

1,290,977

2,650,658 ! 4,654, 323
3,604, 324
10,050, 502
3,622
7, 825

a Includes establishments distributed as follows: Connecticut, 1 ; Florida, 2; Illinois, 2; Indiana,
1; Iowa, 2; Michigan, 2; Minnesota, 2; Nebraska, 1; Nevada, 2; Now Hampshire, 2; New Mexico, 2;
North Carolina, 2; North Dakota, 1; O regon,!; Rhode Island, 1 ; South Carolina, 2; South Dakota, 1 ,*
Texas, 4; Virginia, 2; Washington, 2; W est Virginia, 2; Wisconsin, 2? Wyoming, 2.




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

513

The table on page 510 shows that there were 6,211 distilleries in
operation and 2,15G breweries reported for the year 1890 by the Com­
missioner of Internal Revenue. The reports of the Eleventh Census
for the same year give 440 establishments engaged in the manufacture
of distilled liquors and 1,248 in the manufacture of fermented liquors;
also 236 in the manufacture of vinous liquors. The small number of
establishments reported by the census as compared with the reports of
the Commissioner of Internal Revenue is explained as follows: A
large proportion of the distilleries shown by the internal-revenue
reports to have been in operation were small establishments engaged
in distilling fruit brandies and in operation for only a short time in the
fall of the year. The number of distilleries shown by the census reports
is the number that was in operation at the time of the enumeration
during the month o f June of the respective census years, and would
necessarily not include the fruit distilleries referred to. This condi­
tion may also account in part for the discrepancy in the number of
breweries shown by the reports of the two offices, as the number given
in the internal-revenue reports is the number paying the internal-reve­
nue tax, irrespective of the length of time they were in operation dur­
ing the year, while the number given in the census reports is the
number the enumerators found in operation. The discrepancy is also
accounted for in part by the fact that when two or more distilleries or
breweries were owned by the same corporation, firm, or individual, and
located in the same county or city, they were counted as one establish­
ment in the census reports. In the internal-revenue reports the actual
number of distilleries in operation and the number of internal-revenue
stamps issued to brewers are shown. Then in all probability the cen­
sus enumerators neglected to report some establishments that should
have been reported.
Bearing in mind the foregoing facts in regard to the incompleteness
o f the census reports, the capital invested, employees, wages paid, cost
of materials, and value of products may be considered. The total
capital invested in the production of distilled liquors in 1890 was
$31,006,176; materials to the value of $14,909,173 were used; wages to
the amount of $2,814,889 were paid to 5,343 employees, and the value
of the products was $104,197,869. In the manufacture of fermented
liquors $232,471,290 was invested; $64,003,347 was the cost of the
materials used; 34,800 employees were paid wages to the amount of
$28,382,544, and the total value of the products was $182,731,622. In
the manufacture o f vinous liquors the capital invested was $5,792,783;
the materials used cost $1,318,012; the wages paid the 1,282 employees
amounted to $480,733, and the value of the products was $2,846,148.
For the three classes of liquors the total capital invested was
$269,270,249; the cost of materials used was $80,230,532; the wages
paid the 41,425 employees amounted to $31,678,166, and the total value
of the products was $289,775,639,




514

BULLETIN OF THE DEPARTMENT OF LABOR.

Although 3,152 establishments were reported in 1880, and but 1,024
in 1890, capital, wages paid, and value of x>roducts had more than
doubled in 1890.
The following table, prepared from the reports of the Commissioner
o f Internal Revenue, giving the number of grain, molasses, and fruit
distilleries registered and in operation and the number of breweries
for each fiscal year from 1880 to 1896, shows the extent to which the
small fruit distilleries have entered into the total for each year:
NU M BER OF D IST IL L E R IE S A N D B R EW ER IES, 1880 TO 1806.
[From the reports of the Commissioner ot Internal Revenue.]
Distilleries.
• -

Year ending—

June 30,1880.........
June 30,1881.........
June 30,1882.........
June 30,1883.........
June 30,1884.........
June 30,-1885..........
June 30.1886.........
June 30,1887.........
June 30,1888.........
June 30,1889........
June 30,1890..........
June 30,1891.........
June 30,1892..........
Tune 30,1893..........
June 30,1894..........
June 30,1895..........
June 30,1896.........

Grain.
_______ (_______
Regis­ Oper­
tered.
ated.
1,050
1,301
1,147
1,250
1,291
1,195
1,132
1,160
1,300
1,440
1,536
1,618
1,663
1,798
1, 964
1,949
1,833

997
1,240
934
1,096
1,078
918
950
969
1,029
1,267
1,397
1,424
1,457
1, 617
1,541
1,621
1, 351

1
Molasses.
[
Total.
Fruit.
i _______
____ ________
Regis­ Oper- i Regis­ Oper­ Regis­ Oper­
tered.
ated. i tered.
ated.
tered.
ated.
7
7
7
7
7
9
9
10
10
10
10
11
10
11
12
12
11

7
7
7
7
7
9
9
10
10
10
10
11
10
11
12

11

n

1
I
!
i
!
'
1
1
i
i
!
i

3,710
3,964
4,081
4,026
3,658
4,295
5,101
3,986
2,684
3,126
4,884
2,420
4,481
3,180
3,633
920
4,845

3,657
8,963
4,081
4,026
3, 653
4,245
5,075
3,926
2,607
3,072
4,804
2,384
4,458
3,115
3,595
797
4,825

4,767
5,272
5,235
5,283
4,956
5,499
6,242
5,156
3,994
4,576
6,430
4,049
6,154
4,989
5,600
2,881
6, 689

Brew­
eries.
(a)

1
4,661
2,741
5,210
2,474
5,022
2,371
5,129
2, 378
4, 738
2,240
5,172
2, 230
6, 034
2,292
4,905 ! 2,269
3,646 61,968
4, 349
2,144
6,211
2,156 I
3,819
2,138
5,925
1,967 i
4,743
1,930
5,148
1,805 |
2,429
1,771
6,187
1,866 |
i
!

Total
distil­
leries
oper­
ated
and
brew­
eries.
7,402
7, 684
7, 393
7, 507
6,978
7,402
8,326
7,174
5, 614
6, 493
8,367
5, 957
7,892
6,673
6,953
4, 200
8,053

a The figures in this column are for special*tax years, which up to 1800 began May 1. By act of
Congress the special-tax year was made identical with the fiscal year, the law taking effect July 1,1891.
b Obtained by dividing the amount of internal-revenue tax paid by the annual rate of tax.

As will be seen from this table, the fruit distilleries form a very large
proportion of the whole number of distilleries, although their product
is but a comparatively small proportion of the whole. In 1896 there
were in operation 4,825 fruit, 1,351 grain, and 11 molasses distilleries,
the total number being 6,187.
The production of fruit brandies in 1880 amounted to 1,023,147 gal­
lons, and in 1890 to 1,825,810 gallons. The average production per
distillery in 1880 was 280, and in 1890, 380 gallons.
The distillation o f fruit brandies is done largely on farms in connec­
tion with other agricultural pursuits, and it would therefore be impos­
sible to show the capital, employees, etc., engaged in it as a distinct
industry. The census enumerators obtained reports only from estab­
lishments in which the annual value of the product amounted to $500
or more, and it is believed that comparatively few of the fruit distil­
leries were large enough to be reported under this rule. It is believed,
however, that the majority of places in which the industry was carried
on to any considerable extent were reported. It is probable that such




515

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

of them as were reported were classified as vinous liquors instead of
distilled liquors. The omissions do not destroy the utility of the data.
In addition to other items the number of males, females, and children
employed in 1890 in the manufacture of liquors is shown in the follow­
ing table:
M A N U F A C T U R E OF LIQUORS, 1890.
[From the reports of the Eleventh Census.]

Items.

1 Distilled
liquors.

Malt
liquors.

V inous
liquors.

Total.

Number of establishments reporting.....................

440

1,248

Capital:
L a n d .........................................................................
Buildings.................................................................
Machinery, tools, and implements...................
Live assets..............................................................

$2,816,967
6,299,511
7,856,249
14,033,449

$33, 538,926
64,412,133
50,288,210
84,232,021

$367,010
1,049,005
1,290,598
3, 086,170

$36,722,903
71, 760, 649
59,435,037
101, 351,640

31, 006,176 232,471,290
65,179,927 I| 48,276,290

5, 792, 783
270,377

269,270,249
113,726,594

229
$178,955
5
$2,325

5,285
$8,364,728
73
$54, 538

T o ta l......................................................
Miscellaneous expenses.............................................
Average number of employees and total wages:
Officers, firm members, and clerks—
Males above 16 years....................................
W ages........................................................
Females above 15 years................................
W ages........................................................
Operatives, skilled and unskilled—
Males above 16 years....................................
W ages........................................... ............
Females above 15 years................................
W ages........................................................
Children............................................................
W ages........................................................
Pieceworkers—
Males above 16 years....................................
W ages........................................................
Females above 15 years................................
W ages........................................................
Children ..........................................................
Wngps........................................... .........

573
$564,325
8
$4,500

4,483
$7,621,448
60
$47,713

4,559
$2,142,232
3
$390
5
$540

29,117
$20, 399,030
168
$40,757
508
$91,609

194
$102,802
1
$100

374
$165,763
82
$15, 000
8
$1,224

5,343
Total employees..................................
$2, 814,889
Total w ages.........................................
Cost of materials used................................................. 14, 909,173
Value of products........................................................ 104,197,869

34,800
$28,382, 544
64,003,347
182,731,622

236 j

1,924

982
34,638
$285,418
$22,826,680
24
195
$7,382 s
$18 529
6 !
519
$548 ;1
$92,697
54 i
$5,905 :
2
$200

1,282
$480, 733
1,318,012
2,846,148

!

622
$274,470
84
$15,200
9
$1,324
41,425
$31, 678,166
80, 230, 532
289,775,839

The item a Miscellaneous expenses,” shown in the above table, is
composed of amounts paid for rent, taxes (including internal-revenue
tax), insurance, ordinary repairs of buildings and machinery, interest
on cash used in the business, and sundries. Some of these items, espe­
cially internal-revenue tax, were included in the cost of materials at
prior censuses.
The value of the land, buildings, machinery, tools, and implements
owned by establishments engaged in the manufacture of liquors appears,
from this table, to have amounted to $167,918,609 in 1890. From the
reports o f the Eleventh Census on Wealth, Debt, and Taxation, the
average rate of taxation per $100 of true valuation for the entire
United States was $0.73. Applying this rate to the above valuation
will give a total of $1,225,805.85 as the annual amount derived from the
tax on real and personal property owned by establishments engaged in
the manufacture of liquors.




516

BULLETIN OF THE DEPARTMENT OF LABOR.

From the reports o f the Commissioner of Internal Revenue it appears
that the liquors produced during 1890 consisted of 111,101,738 gallons
of distilled spirits, 24,300,905 gallons of domestic wines, and 27,501,944
barrels of fermented liquors. Reducing the barrels of fermented
liquors to gallons at the rate of 31 gallons to the barrel, and adding
the distilled liquors and wines, gives a total product of 9S9,828,907
gallons. For reasons already given, this quantity should not be com­
pared with the value of products shown by the preceding table to have
amounted to $289,775,639.
In addition to the manufacture of liquors the census reports contain
statistics concerning the production of “ malt.” While the establish­
ments that make a specialty of the manufacture of malt are not engaged
directly in the production of liquors, a large portion or all of their
products is consumed in such production. Therefore the capital,
amployees, etc., controlled by such establishments should be considered
in this connection. The following table gives the totals for the estab­
lishments engaged in the industry as reported at the censuses of 1880
and 1890:
M A N U F A C T U R E OF M A L T , 1880 A N D 1890.
[From the reports of the Tenth and Eleventh censuses. The inquiries used at tlie census of 1890
probably resulted in obtaining a report more nearly complete than in 1880.]
Items.

1880.

Xumber of establishments reporting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _____
216
Capital____________ ____________________ . . . . _______. . . . . . . __________________ $14,390,441
Average number of employees.................................... ............... .............................
2,332
Total w ages................................... ............................................... ..................... .
$1,004,548
Post of materials_________ ____________________________________________ _____ $14,321,423
Value of products........................................................... ............................................ $18,273,102

1890.
202
$24,293,864
3,694
$2,103, 200
$17,100, 074
$23,442,559

This table shows that, in 1890, 202 establishments were reported
engaged in the production of malt, having a capital of $24,293,864, and
that the total value o f their products was $23,442,559.
The principal materials used in the manufacture o f liquors are the
products o f the farm and consist largely of corn, barley, rye, oats,
wheat, hops, apple and pear pomace, and ground grapes.
In order to obtain the total bushels of grain o f all kinds consumed
it is necessary to ascertain the quantity used in the manufacture of
malt and to reduce the pounds of rice to bushels.
The records of the Bureau of Internal Revenue show that 45,792,665
bushels o f malt were used by breweries during the year ending June
30,1896. The quantities of grain used in the manufacture of the malt
were not reported. On the average there are 34 pounds to the bushel
of malt and 48 pounds to the bushel of barley; multiplying the 45,792,665 bushels by 34 and dividing the product by 48 gives 32,436,471
bushels of barley in the malt. Reducing the 114,848,366 pounds o f rice
used to bushels on the basis of 70 pounds to the bushel, gives 1,640,691
bushels. Adding the bushels of barley in the malt and the bushels of




517

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

rice to the 24*872,318 bushels of other grains used, makes a total of
58,949,480 bushels of grain consumed in the manufacture o f liquors
during the fiscal year ending June 30,1896.
From the reports of the Bureau of Statistics, Treasury Department,
there appears to have been 2,050,042,543 bushels of corn in the country
for consumption during the year ending June 30,1896. There were
19,019,243 bushels of corn and cerealine consumed in the manufacture
of liquors, or 0.93 per cent of the total consumption. The rye crop
for 1895 is reported at 27,210,070 bushels; during the year 1895-96
there were exported 988,466 bushels and imported 154 bushels, making
the quantity in the country, apparently for consumption, 26,221,758
bushels; of this quantity 2,955,833 bushels, or 11.27 per cent, were con­
sumed in the manufacture of liquors. If, in the same manner, the
exports are subtracted and the imports added lo the barley crop of
1895, the amount in the country, apparently for consumption, would
be 80,213,619 bushels; of this amount, the 32,438,219 bushels consumed
in the manufacture of liquors formed 40.44 per cent.
The growing of hops is an important agricultural industry, and it is
to a greater extent than any other fostered by the liquor industry.
The hop crop of 1889, according to the reports of the Eleventh Census,
amounted to 39,171,270 pounds. The imports for 1890 amounted to
6,539,516 pounds, and the exports to 7,959,253 pounds, leaving37,751,533 pounds in the country for consumption. There were con­
sumed, in the manufacture of fermented liquors during the fiscal year
of 1896, 34,898,930 pounds of hops.
The quantities of materials used by grain and molasses distillers
have been published, and the following table presents the totals for
each fiscal year from 1880 to 1896:
M A T E R IA L S USED I X G R A IX A X D MOLASSES D IST IL L E R IE S, 1880 TO 1896.
[From tlio reports of the Commissioner of Internal Revenue.]

Tear
ending
June 80—

Malt.

j
|Wheat.

I

Barley. |

Bushels. , Bushels. Bushels. | Bushels.
1880.........
1881..........
1882.........
1883..........
1884..........
1885..........
1886..........
1887..........
1888..........
1889..........
1890.........
1891..........
1892..........
1893..........
1894..........
1895..........
1896..........

1,830,562
2,455,184
2,192, 719
1,478,971
1,633,914
1,638,578
1,823,758
1,825,627
1,602,586
2,242,214
2,756,385
2,951,547
3,129,123
3,272,899
2,286,188
2,068,575
2,103,602

5,103
180,886
301,241
291,368
114,475
130, 721
55,179
45,361
87,277
48,279
20,310
96,166
74,801
97,070
100,778
189,173
49,090




19,892 3,623,055
124,095 i 4,630,800
50,675 4,228, 649
73, 380 2,987,473
199,656 2,867,603
17,855 2, 733,397
19,891 3,285,959
16,110 3,062,947
24,707 2,410,381
21, 589 3,259, 917
965 4,542, 845
662 4,579,868
14,412 4,321,168
5,958 5,521,202
2,998 3,268, 637
886 3,738, 703
1,748 2,955,833

i

Corn.

Rye.

j
i

j

Oats.

_______
Bushels.
17, 649,269
23,109.114
20,05i; 239
13,428,469
13,746,505
13,040,357
13,821,193
12,870,255
11,887,027
15,319,862
17,806,612
18,671,536
18, 909,462
19,770,559
13,571,441
11,472,052
13,497,689

Mill
feed.

Bushels Bushels.
140,982
177,855
168,488
122,583
124,165
80,552
58,652
44,886
44, 232
23,632
32,690
14,637
10, 701
13,516
21,126
22,098
16,313

1 526, 362
612,736
1 452, 330
! 240,340
| 241,073
223,558
130, 700
93, 060
66, 254
73,589
41,840
28, 389
17,665
17,343
6,731
3,925
2,420

Molasses.

i
i

Other
mate­
rials.

Gallons. Bushels
3,110,190
2,710, 307
2,121,804
2,373,106
2,259,536
2,719,416
2,308,130
2,428,783
2,519,494
1,951,104
2,198, 538
2,610,918
3,049,771
4,884, 577
5,476,521
5,802, 811
5,398,965

211,134
505
13,754
22, 203
591
185
1,319
45
1,842
1,254
4,836
12,495
3,823
11,213
4, 299
3,923

518

BULLETIN OF THE DEPARTMENT OF LABOR.

THE CONSUMPTION OF LIQUOES.
The total production of liquors in the country is not, o f course, the
same as the consumption. Large quantities of the liquors produced
are exported every year, and of the exports considerable is returned.
There are, in addition, large quantities imported for consumption. The
quantity of distilled spirits withdrawn from bond for consumption for
any year may be less or more than the production for the same year.
The Bureau of Statistics of the Treasury Department has for a number
of years published a table giving the total and per capita consumption
of distilled spirits, wines, and malt liquors. The facts for certain years
from 1840 to 1896 are reported from this table in the following statement:
G ALLONS OF D IST IL L E D SPIKITS, W IN E S , A N D M A L T LIQUOES CONSUMED IN TH E
U N IT E D STATES, 1840 TO 1896.
[From tlio reports of the Bureau of Statistics of the Treasury Department.]
Distilled spirits. («)
Year ending
June 3 0 -

1840.
1850.
1860.
1870.
1880.
1885.
3886.
1887.
1888.
1889.
1890.
1891.
1892.
1893.
1894.
1895.
1896.

Domestic.
From fruit.

A ll other.

(0

40,378,090
46,768, 083
83,904,258
77,266,368
61,126,634
67,689,250
d 69,295,361
d68,385,504
d73, 313,279
d77,802,483
d84,760,240
d88,335,483
d95,187,385
d98, 202, 790
d88,046,771
d75, 228,998
<268,069, 563

1,223,830
1,005,781
3,468,775
d 1, 555,994
dl, 211,532
d888,107
d 1,294,858
d 1,508,130
d 1,219,436
d l, 961,062
dl, 687, 541
dl, 430, 553
d l, 102, 703
dl,44C, 810

Imported.

Total.

Domestic.

2,682,794
5,065,390
6,064,393
1,405,510
1,394,279
1,442,067
1,410,259
1,467, 697
1,643,966
1,515,817
1,561,192
1,602,646
1,179.671
1,307,422
1,063,885
1,496, 860
1,541,504

43,060,884
51,833,473
89,968,651
79,895,708
63,526,694
70,600,092
72,261,614
71,064,733
75,845,352
80,613,158
87,829,562
91,157,565
98,328,118
101,197, 753
90,541,209
77,828,561
71. 051,877

124,734
221,249
1,860, 008
3,059,518
23,298,940
17,404,698
20,866, 393
27,706, 771
31, 680,523
29,610,104
23,896,108
23,736,232
23,033,493
26,391,235
18,040,385
16,589,657
14,599,757

Malt liquors.
Year ending
j
J nne 30—
Domestic, (b) Imported, j

1840...............
1850................
1860...............
1870...............
1880...............
1885...............
1886...............
1887...............
1888...............
1889...............
1890...............
1891...............
1892...............
1893...............
1894...............
1895...............
1896...............

Wines.

23,162,571
36,361,708
100,225,879
203,743,401
413,208,885
594,063, 095
640,746,288
715,446,038
765,086,789
777,420,207
853, 075,734
974, 427,863
984,515,414
1,071,183,827
1,033,378,273
1,040, 259,039
1,077,325,634

148,272
201,301
1,120,790
1,012,755
1,011,280
2, 068,771
2,221,432
2,302,816
2,500,267
2,477,219
2,716,601
3,051,898
2,980,809
3,362,509
2,940,949
3,033,067
3,300,531

a Proof gallons.
b Product less exports.




(b)

4,748, 362
6,094,622
9,199,133
9,165,549
5,030,601
4,495,759
4, 700, 827
4,618,290
4, 654,545
4,534, 373
5,060,873
5,297,560
5,434,367
5, 596, 584
3,252, 739
3, 054, 392
4,101, 649

Total.

4,873,096
6,315,871
11,059,141
12,225,067
28,329,541
21,900,457
25,567, 220
32, 325,061
36,335, 068
34,144,477
28,956, 981
29, 033,792
28,467, 860
31,987,819
21, 293,124
19, 644,049
18,701,406

Consumption per capita.

j

Total.

Imported, j

Total con­
sumption of
wines and
liquors.

23,310,843
71,244,823
36,563,009
94,712, 353
101,346,669
202,374,461
204,756,156 . 296,876,931
506,076,400
414,220,165
596,131,866
688,632,415
740,796,554
042,967,720
821,138,648
717,748,854
767,587,056
879,767,476
779,897,426
894,655,061
855,792,335
972,578,878
977,479, 761 1,007,671,118
987,496,223 1,114,292,201
1,074,546,336 1,207,731,908
1,036,319,222 1,148,153,555
1,043,292,106 1,140,764,716
1,080,626,165 1,170,379,448

D is­
tilled Wines.
spirits.
(a)
2.52
2.23
2.86
2.07
1.27
1.26
1.26
1.21
1.26
1.32
1.40
1.42
1.50
1.51
1.33
1.12
1.00

0.29
.27
.35
.32
.56
.39
.44
.55
.61
.56
.46
.45
.44
.48
.31
.28
.26

A ll
Malt
liq­ liquors
and
uors.
wines.
1.36
1.58
3.22
5.31
8.26
10.61
11.20
12.23
12.80
12.72
13.67
15.28
15.10
16.08
15.18
14.95
15.16

c Included with “ A ll other.”
d Includes domestic spirits exported and returned.

4.17
4.08
6.43
7.70
10.09
12.26
12.90
13.99
14.67
14.60
15.53
17.15
17.04
18.07
16.82
16.35
16.42

519

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM,

The precediug table shows that the total quantity of distilled spirits
of all kinds consumed in the United States during the year ending
June 30,1896, was 71,051,877 proof gallons; of wines, 18,701,406 gallons,
and of malt liquors of all kinds, 1,080,626,165 gallons; a total of all
kinds of liquors of 1,170,379,448 gallons.
To reach an understanding of the actual growth in the use of liquors
the per capita consumption must be studied. This also is given in the
preceding table. In the per capita consumption of both distilled spirits
and wines a marked though irregular decrease is shown, while an
increase quite as marked is shown in the case of malt liquors. The
consumption of distilled spirits per capita, shown to have been 2.52
proof gallons in 1840, had declined to 1 proof gallon in 1896. For
wines, the figures were 0.29 gallon in 1840 and 0.26 gallon in 1896.
Malt liquors, which showed a per capita consumption of 1.36 gallons
in 1840, had risen to 15.16 gallons in 1896, while for all liquors the
consumption had increased from 4.17 gallons in 1840 to 16.42 gallons
in 1896.
The quantities shown in the preceding table include liquors con­
sumed for all x>urposes, not only as a beverage, but in the arts, man­
ufactures, and medicine. A t the Eleventh Census an investigation
was made to ascertain the quantity of distilled spirits consumed in the
arts, manufactures, and medicine. Inquiry was made of manufacturers
and wholesale druggists, eleemosynary institutions, and retail apoth­
ecaries. The number of proof gallons of distilled spirits consumed in
the arts, manufactures, and medicine, as disclosed by this investigation,
is shown in the following table:
PROOF GALLONS OF D IST IL L E D SPIRITS CONSUMED IN THE A R TS, M AN U FA C TU R E S,
A N D M E D IC IN E FOR TH E T E A R E N D IN G DECEM BER 31, 1889.
[The facts are from returns made to the Eleventh Census by manufacturers, wholesale druggists,
eleemosynary institutions, and retail apothecaries.]
Returns received
from—

Alcohol.

Manufacturers and
wholesale drug­
gists......................... 5,425,791
Eleemosynary insti­
30,092
tutions ...................
Retail apothecaries. 1,289,269
T otal...............

6,745,152

Cologne
spirits.

High
wines.

Whisky.

Brandy.

Rum.

Gin.

j

Total.

j1
1,334,033

54,737

879,282

100,482

87,378

84,937

7,966,640

4, 374
114,641

883
20,372

59,222
1,085,396

6,599
159,793

841
101,362

779
136,579

102,790
2,907,412

1,453,048

75,992

2,023,900

266,874

189,581

222,295

10,976,842

This table shows the total consumption of distilled spirits in the arts,
manufactures, and medicine during the year ending December 31,1889,
to have been 10,976,842 proof gallons. O f this amount about threefourths, or 7,966,640 x>roof gallons, was used by manufacturers ?nd
wholesale druggists, 2,907,412 proof gallons by retail apothecaries, and
the remainder, 102,790 proof gallons, by eleemosynary institutions.
The total consumption for all xmrposes of distilled spirits, wines, and
malt liquors o f all kinds during the year ending June 30, 1889, as




520

BULLETIN OF THE DEPARTMENT OF LABOR.

sliown in the table on page 518, was 894,655,001 gallons. If it be
desired to obtain the quantity used strictly as a beverage, there should
be deducted from the above total the quantity used in the arts, manu­
factures, and medicine. So far as distilled spirits are concerned this
amount was shown in the table immediately preceding to have been
for the year ending December 31, 1889, 10,976,842 proof gallons, and
may be assumed to have been approximately the same for the year
ending June 30. This, deducted from the total given above, leaves
883,678,219 gallons as the amount of all kinds of liquors consumed as
a beverage. I f the same deduction be made from the total quantity of
distilled spirits consumed, viz, 80,613,158 proof gallons, it will be
found that the quantity used as a beverage was, for the year ending
June 30,1889, 69,636,316 proof gallons.
The quantity given above as the consumption in the arts, manu­
factures, and medicine represents, it should be noted, distilled liquors
only, no account being made of wines and malt liquors which have
quite extensive use in medicine, though not in the arts and manu­
factures. The census investigation referred to did not extend to wines
and malt liquors, and no figures are available even to form an estimate.
It appears that there were 4,197,938 gallons of liquors of domestic
manufacture exported during the year ending June 30, 1896, and
1,029,653 gallons of distilled spirits of domestic manufacture that had
been exported and returned as imports, and 5,454 gallons of the same
class of spirits reexported after having been exported and returned/
There were also 8,973,300 gallons of liquors of foreign manufacture
imported, and 131,354 gallons of liquors of foreign manufacture
exported.
THE TRAFFIC IN LIQUORS.
In regard to the traffic in liquors, practically all the facts presented
in the Twelfth Annual Report were obtained as the result of the special
investigation made by the Department. The inquiries which were
made by the Department were directed to ascertain the number of
establishments engaged in buying and selling liquors, whether used as
a beverage or otherwise, the capital invested, taxes and rent paid, the
number of persons engaged in the business, etc. The number of per­
sons or firms engaged in the manufacture and sale of liquors and
reported by the Commissioner of Internal Revenue as u special-tax
payersv and distillers was used as the basis for this investigation.
According to the report of the Commissioner of Internal Revenue for
the year ending June 30,1896, there were in the United States 237,165 (a)
such special-tax payers and distillers returned by the collectors of
the several collection districts. This includes 1,855 rectifiers, 204,294
a A complete canvass of the State o f Delaware by the agents o f the Department
showed the existence of 70 more special-tax stamps than stated in the report o f the
Commissioner o f Internal Revenue. This would raise the total to 237,235.




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

521

retail liquor dealers, 4,048 wholesale liquor dealers, 1,866 brewers, 12,064
retail dealers in malt liquors, and 5,740 wholesale dealers in malt liquors
engaged in the liquor business for different periods of time during the
year, varying from one month to twelve months each. The number of
distilleries registered was 6,6S9, of which 6,187 were in operation at
some time during the year.
The following examples indicate how this count of the persons or
firms engaged in the liquor business is made. If a person or firm pays
the special internal-revenue tax as a rectifier and also as a wholesale
and as a retail dealer, such person or firm is counted under each of
these classes and appears three times in the total. I f an individual
pays the tax as a wholesale and also as a retail liquor dealer he is
included in both classes and counted twice in the total. I f a brewer
pays in addition to his brewer’s tax the tax as a dealer of one or more
of the classes designated he is included twice or even three or four
times in the total. If the proprietorship of a brewery or a saloon
passes to three or four firms or individuals during the year each suc­
cessive proprietor is recorded as another special-tax payer, and the
same place of business would be included three or four times in the
total. If a distiller pays also the tax as a retail dealer he is included
twice in the total. It is evident, therefore, that the total of 237,235
special-tax payers and distillers does not represent the number of the dif­
ferent places of business engaged in the manufacture and sale of liquors.
There are very few, if any, establishments now engaged in rectifying
liquors as a distinct business. Rectifying is done almost entirely as an
adjunct to the manufacture or traffic in liquors. As the rectifiers
reported are those who carry on the business in connection with buying
and selling, they are for the purpose of this report treated as dealers.
Excluding from the 237,235 special-tax xiayers and distillers the 6,689
registered distilleries and the 1,866 breweries, the remaining 228,680
may be considered as the total number of internal-revenue special tax
stamps issued to liquor dealers. But the above breweries and distil­
leries held a large number of stamps obtained for the purpose of car­
rying on business as liquor dealers. Stands issued for traffic at points
distant from the brewery or distillery have been counted as dealers.
When the traffic was carried on at or adjacent to the brewery or dis­
tillery, the business was considered as representing a part of the busi­
ness of the manufacturing plant. It was not possible in such cases to
separate the facts relating to the traffic from those relating to manu­
facture, and therefore no attempt has been made to include such estab­
lishments under this head. Deducting, then, the brewers’ and dis­
tillers’ stamps as dealers, omitted as above, 3,648 in number, according
to information obtained from the collectors of internal revenue, the
whole number of special-tax stanqis issued to dealers of the classes
covered by this investigation is found to be 225,032.
6368—No. 17----- 2




522

BULLETIN OF THE DEPARTMENT OF LABOR.

Iii order to eliminate the duplications from the total of 225,032
internal-revenue special-tax stamps issued to dealers in liquors and
ascertain tlie number of actual places of business, it was necessary to
copy from the records of the different collectors of internal revenue the
names and addresses o f each person or firm representing* each specialtax stamp issued. These names were then assorted so as to bring
together all the special-tax stamps for each place of business. The
names and addresses were then placed in the hands of special agents
of this Department who secured the desired statistical information. It
was impracticable to canvass in this manner the entire 225,032 a specialtax payers;” therefore the following internal-revenue collection dis­
tricts, comprehending about one-fourtli of the total number of persons
or firms in the whole country paying the internal revenue tax as liquor
dealers, were selected as being representative: First district of Cali­
fornia; Connecticut district, which includes the States of Connecticut
and Ehode Island; first district of Illinois; third district of Iowa; Loui­
siana district, which includes the States of Louisiana and Mississippi;
Maryland district, which includes the States of Maryland and Delaware,
the District of Columbia, and two counties of Virginia; twenty-eighth
district of New York; first district of Ohio; fifth district of Tennessee;
second district of Virginia, and the first district of Wisconsin.
While the above districts were selected as being representative, as
far as possible, of the entire country, the names of the special-tax payers
were not selected, but were taken in alphabetical order as they appeared
on the books of the collectors, thus securing a thorough distribution of
the establishments.
The only establishments from which data were not secured were those
few refusing information, those in localities where prohibition laws pre­
vailed, and those not accessible by railroad or other mode of public
conveyance. In addition several districts were not completely can­
vassed, because a lack of time aud money made it necessary to bring
the investigation to an end before this could be done.
The statement following shows the total number of internal-revenue
special-tax stamps issued to liquor dealers in the States or districts
covered by the investigation and the number and per cent actually
canvassed by the agents of the Department. This, for reasons already
explained, does not include stamps issued to breweries and distilleries
for traffic as dealers at or adjacent to the brewery or distillery. It
appears from this statement that 40,774 persons or firms paying the
internal-revenue tax as liquor dealers were canvassed. Considering
the districts taken up, 64.17 per cent of all such special-tax payers
were visited by the agents o f the Department and reports submitted
in regard to them.




523

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

T O TA L IN T E R N A L -R E V E N U E S P E C IA L -T A X STAM PS ISSUED TO LIQUOR D EALER S
A N D NUM BER A N D PER CENT CA N Y A SSE D IN T H E DISTR ICTS COVERED, 1896.
Special-tax stamps.
Per cent
of those
Can­
canvassed
vassed.
of the
number
issued.

States or collection districts canvassed.
Issued.

Eirst district of California..................................................................... .
Connecticut....................................................... .....................................................
Delaware................................... ................................ .
Eirst district of Illinois......................................................................................
Third district of Iowa,____ ________ __________________________ __________
Louisiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maryland........ .................................... ............. ............. .............. ..
M ississippi........ ......................... ......................................... ........................
T t y - p i g h t l i district of New Y o r k .... .........................................................
Eirst district of Ohio....................................
Rhode Island...................................... .................................................................
Eifth district, of Tennessee___ _____________________ _____________ ______
Second district of Virginia.......................... .......................................................
rr__ T_______________________, r____
Eirst district of W isconsin___

10,289
3,724
a 415
15,026
2,121
4,503
5,161
419
6,951
4,315
1,893
1,387
1,422
5,907

2,759
3,048
a 415
10,248
982
3,130
4,443
125
4,927
3,666
1,631
1,089
1,163
3,148 j

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

63,539

40,774

2G. 82
81.85
100.00
68.20
46.30
69.51
86.09
29.83
70.88
S4.96
85.89
78.51
81.79
53.29
64.17

a The names and addresses of those who had paid the special internal-revenue tax as liquor dealers
or rectifiers were copied from the records of the collector of internal revenue and were supposed to
cover all places (with the exception of breweries and distilleries) in which liquor, in any form, was
sold. In the case of Delaware, the records of the collector showed 407 such special-tax payers,
although the printed report of the Commissioner of Internal Revenue gives the number as 369
(including 24 stamps held by breweries and distilleries for traffic at or adjacent to the brewery or dis­
tillery). The agents of the Department obtained reports from 415 tax payers. This slight excess
over the number shown by the collector’s records may have been due to the issue of stamps between
the time of copying the collector’s records and the completion of the canvass by the agents of the
Department.

The following table shows the number of special-tax stamps issued
to liquor dealers canvassed in each State; the number of actual estab­
lishments found; the number of additional tax stamps held by such
establishments, etc., and the per cent that the number reported for
each of the classes is of the total:
S P E C IA L -T A X STAM PS CAN VASSED , B Y STATES, 1896.

States.

Tax stamps j
Tax stamps
held by estab­
held
by
estab­
Additional tax
lishments that
lishments that had no appre­
held
Establishments. stamps
had discontin­ ciable amount
by estab­
ued
business
lishments.
of capital
Total.
at time of
invested in the
canvass.
liquor business.
Num­
ber.

Per
cent.

Num­
ber.

Per
cent.

Num­
ber.

California................................
Connecticut............................
Delaware................................
Illinois......................................
Io w a .........................................
Louisiana................................
Maryland................................
M ississippi............................
New Y o r k ..............................
O hio.........................................
Rhode Island..........................
Tennessee..............................
V irgin ia..................................
W isconsin..............................

1,665
2,415
305
6,581
611
2,430
2,989
97
3, 914
2,771
1,226
872
871
2, 511

60.35
79.23
73.49
64.22
62.22
77.64
67.27
77.60
79.44
75.59
75.17
80.07
74.89
79.77

515
260
60
1,160
127
246
600
20
307
366
122
109
113
259

18.67
8.53
14.46
11.32
12.93
7.86
13.51
16.00
6.23
9.98
7.48
10.01
9.72
8.23

345
171
22
1,316
96
334
651
2
469
212
106
46
157
104

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

29,258

71.76

4,264

10.46

4,031 j




Per
cent.
12.50
I! 5.61
! 5.30
j! 12.84
! 9.78
! 10.67
14.65
1.60
9.52
5.78
; 6.50
4.23
1 13.50
j 3.30
9.88

Num­
ber.

Per
cent.

234
202
28
1,191
148
120
203
6
237
317
177
62
22
274

8.48
6.63
6.75
11.62
15.07
3.83
4.57
4.80
4.81
8.65
10.85
5.69
1.89
8.70

2,759
3,048
415
10,248
982
3,130
4,443
125
4,927
3,666
1,631
1,089
1,163
3,148

3,221

7.90

40,774

524

BULLETIN OP THE DEPARTMENT OF LABOR.

From tlie preceding table it appears that there were but 29,258
actual places of business from which statistical information as to capi­
tal, employees, etc., could be obtained found among the 40,774 specialtax payers canvassed. These 29,258 establishments held 4,264 addi­
tional special-tax stamps. This latter number includes, however, a
large number of stands held by persons or firms who had been bought
out and succeeded by the present proprietors. Such stamps, therefore,
no longer represented live businesses, but had been replaced by the
stamps of the active proprietors. The establishments representing
4.031 special-tax stamps had discontinued business at the time of the
canvass, and those representing 3,221 special-tax stamps had no appre­
ciable amount of capital invested in the liquor business. Stated in
percentages, 71.76 per cent of the 40,774 tax stamps represented estab­
lishments, 10.46 per cent additional tax stamps issued for those estab­
lishments either to present proprietors or their predecessors, 9.88 per
cent establishments that had discontinued business, and 7.90 per cent
establishments that had no appreciable amount of capital invested.
The persons or firms holding the 3,221 special-tax stamps represent­
ing places of business in which no apxireciable amount of capital was
invested in the liquor traffic reported the following businesses as those
to which the liquor traffic was an adjunct, viz: Drug store, social club,
grocery, house of ill-fame, restaurant, paints, soda water, turkish bath,
theater, tobacco, gold cure, barber shop, candy, caterer, steamboat,
dining car, auctioneer, boarding or lodging house, coffee saloon, ice
cream, oyster dealer, photography, etc. O f the total number 171, or
5.31 per cent, were held by social clubs; 1,912, or 59.36 per cent, by
druggists; 36, or 1.11 per cent, by grocers; 525, or 16.30 per cent, by
keepers of houses of ill-fame, and 93, or 2.89 per cent, by keepers o f
restaurants. There were but a few reports for each of the other busi­
nesses ) grouping them, they amount to 484, or 15.03 per cent of the total.
This Department canvassed 40,774, or 18.12 per cent, of the total
number o f special-tax stamps issued to dealers and rectifiers in the
United States* The results of this canvass, so far as the special-tax
stamps are concerned, are shown in the preceding table. To obtain
figures for the whole country, the percentages given in that table for
the total number of each kind of special-tax stamps canvassed were
applied to the total number of special-tax stamps issued to dealers and
rectifiers in each State and Territory, and on this basis estimates were
made o f the number of establishments, additional special-tax stamps
held by establishments, special-tax stamps held by establishments that
had discontinued business, and special-tax stamps held by establish­
ments that had no appreciable amount of capital invested in the liquor
traffic. The figures in detail are given in the following table. The
1,866 breweries and 6,689 distilleries shown represent the number of
special-tax stamps issued to brewers and the number o f registered
distilleries reported by the Commissioner of Internal Eevenue for the




525

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

entire country. The number of additional special-tax stamps held by
breweries and distilleries as dealers for carrying on business at or adja­
cent to the brewery or distillery was obtained from the collectors of
internal revenue for each State except Louisiana and Mississippi. For
these two States estimates are given.
S P E C IA L -T A X STAM PS H ELD B Y DEALER S A N D RECTIFIERS, BR EW ER IES, A N D
D IST IL L ER IES, B Y ST ATES A N D TERRITORIES, FOR TH E Y E A R E N D IN G JU N E 30,
1896.
Dealers and rectifiers.

Breweries.

Distilleries.

Stamps
held by
establish­
Stamps
Addi­
ments
States
held by with
Addi­
tional
Addi­
no
and Ter­ Estab­
establish­
stamps
tional
tional
lish­
appreci­
To­
To­
ritories.
held
by
Total.
ments
No.
stamps
stamps
No.
ments.
tal.
tal.
establish­ out of able capi­
as
as
(a)
tal in­
ments. business.
dealers.
dealers.
vested in
(a)
{a)
liquor
business.!
(a)
A l a .........
Alaska ..
A r iz ........
A r k ........
C a l..........
Conn . . . .
D e l..........
D. C ........
F l a ..........
G a............
Idaho----111............
In d ..........
In d .T . . .
I o w a ----B a n s ----f y ..........
L a ............
M o ..........
M d ..........
M a s s ----M i d i ----M in n ___
M iss........
M o .........
M o n t___
N e b r ----N e v ........
N .H ........
N . J ........
N. M e x ..
N . Y ........
N . C ----N .D ak ..
Ohio........
Okla........
Oreg........
P a ...........
R. I ..........
S .C .........
S. D a k . . .
T e n n ----T ex..........
U t a h ___
V t ...........
V a ............
W ash ___
W . V a ...
W i s ........
W y o ........

725
80
473
486
9,717
1,885
2,672
305
811
375
1,215
431
14, 980
6,049
76
3,258
1,764
3,072
3,231
822
3,703
3,690
4,791
3,472
301
6,015
1,289
1,603
364
1,127
6,619
352
30,009
874
576
12,022
306
996
11,378
1,363
309
879
1,277
4,166
294
559
1,663
949
1,003
6,808
299

Total. 161,483j

105
11
69
71
1,416
275
390
60
118
55
177
63
2,183
882
11
475
257
448
471
120
540
538
698
506
44
877
188
234
53
164
965
51
4, 373
127
84
1,752
44
145
1,658
198
45
128
186
607
43
81
243
138
146
992
43

100
11
65
67
1,339
260
368
22
112
52
167
59
2,064
833
11
449
243
423
445
113
510
509
660
479
41
829
178
221
50
156
912
48
4,135
121
79
1,656
42
137
1, 568
188
43
121
176
574
41
77
229
131
138
938
41

23,548

22,231

a Estimated.




80
9
52
53
1,070
207
294
28
89
41
134
47!
1,649 .
666
8
359
194
338
356
90
408
406
527
382
33
662
142
176
40
124
729
39
3,304
96
63
1,324
34
110
1,253
150
34
97
140
459
32
62
183
104
111
749
33

1,010
111
659
677
13,542
2, 627
3’, 724
6 415
1,130
523
1,693
600
20,876
8,430
106
4,541
2,458
4,281
4,503
1,145
5,161
5,143
6,676
4,839
419
8,383
1,797
2,234
507
1,571
9,225
490
41,821
1,218
802
16,754
426
1,388
15,857
1,899
431
1,225
1,779
5,806
410
779
2,318
1,322
1,398
9,487
416

4
8
2

4
8
2

8
16
4

145
18
22
5
7

74
17
16
4
7

2i6
35
38
9
14

5
18
138
48

9
3
149
42

14
21
287
90

419
2
35
51

45
4
50
14

2
1
814
24

64
82
226
195

45
11

24
2
28
7

2
5
136 140
41
45
3
13
11
1
88
65
14
12
450
43
1 2,048
1
308
71
o
59
17
451 137
9
6
86
10
12 322
27
46
13
1
12 1,567
62
2
20
34
344
5
5

1,315
127
4
667
815
138
362 14,123
A 2 666
54 3^ 816
5478
54
1,144
523
38 457 2,164
2
623
10
45 21, 208
27
78 8, 598
106
3 4, 589
1
2
3 2,465
323 1,137 5,468
a9
33 4,550
1,145
36
81 5,306
4
15 5, 240
6,902
2 5, 036
rj
ct>2
426
42 182 8,701
1,838
3 2, 282
520
2
3 1,585
56 121 9,434
8
20
524
29
72 42,343
290 2,338 3,557
803
23
94 17,156
4
2
430
7
24 1,471
81 218 16,526
1,908
1
87
524
1,235
31 353 2,144
6
52 5,885
423
1
780
632 2,199 4,529
2 1,380
35
69 1,487
7
12 9,843
421

1,707 3, 573 6,689

1.94l|8, 630 237,235

1
211
2
22
a7

28
40
103
102

36
42
123
93

48
22
23
8
7
52
6
283
1
1
137

88
19
22
5
4
36
8
167

28
241
5
2
6
4
11
8

31
210
4
4
4
8
16
5

4
29
6
177
3

8
33
14
167
2

17,770 225,032 1,866
!

274

171

3
93
237
2
33
34

23

A g­
gre­
gate.

297

1
45
125
2
21
20

b See note a, page 523.

528

BULLETIN OF THE DEPARTMENT OF LABOR.

From tlie preceding table it appears that if tlie estimate for each State
he based on percentages computed from the total number (40,774) of
internal-revenue special-tax payers canvassed, there were 161,483 estab­
lishments in the United States actually engaged in the liquor traffic at
the time of tlie canvass, and these establishments represented 23,548
additional tax stands issued to present proprietors or their predecessors,
making a total of 185,031 special tax stamps held by establishments,
being 82.22 per cent of the total number issued to dealers and rectifiers
representing 161,483 separate places of business. The number of per­
sons or firms that had paid the tax but had discontinued business at
the time of the canvass is estimated at 22,231, or 9.88 pe£ cent, and the
number of persons or firms that had paid the tax but had no appreciable
amount of capital invested in the liquor business at 17,770, or 7.90 per
cent of the total. O f this latter number it is estimated that 944 of the
special-tax payers were social clubs, 10,548 druggists, 197 grocers, 2,897
keepers of houses of ill-fame, 513 keepers of restaurants, and 2,671 per­
sons and firms engaged in business of a miscellaneous character.
The table on page 523 shows that out of the whole number of internalrevenue special-tax payers (40,774) canvassed by the agents of the
Department, 29,258 separate establishments were found engaged in the
traffic in liquors. The important facts concerning these establishments
are those relating to the capital invested in the business, both owned
and rented, the taxes and rents paid, the number o f proprietors and
employees engaged in the business, etc. Returns covering all of these
points were received from every establishment, and are jmesented in a
series of general tables in the Twelfth Annual Report. The analysis of
such of the general tables as relate to the above-mentioned facts
follows:
Table L — Capital invested, taxes and rent paid, and persons engaged in
each class of liquor traffic, by localities, for the year ending June 30,
1896.—This table shows the total for each city in which there were 100
or more special-tax payers (liquor dealers and rectifiers), all other
localities being combined and designated as u rural/ 7 The total is also
shown for all the localities in each State. It must be borne in mind,
however, that these State totals represent only such parts of the State
as were covered by the canvass, as has already been fully explained.
Under employees were reported, first, the average number employed
in or connected with the liquor traffic. For instance, clerks in a grocery
store or waiters in a dining room or hotel in which liquors were sold were
reported if they, during any part of the time, were engaged in selling
or serving liquors) members of the family employed but who received
no wages were also reported. The object was to ascertain the average
number of employees that were in any way connected with the sale of
liquor.
Second, in cases where the liquor traffic was carried on in connection
with other business, such as a grocery, drug store, or hotel, the pro­




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

527

portion o f the entire number of employees necessary if employed full
time to carry on that portion of the business that pertained exclusively
to the liquor traffic was reported.
In this table, as well as in Tables II, III, 1Y, and Y of the Twelfth
Annual Beport, which are summaries of Table I, the facts, presen ted
relate only to the purchase and sale of liquors. I f an establishment
was engaged in other business in conjunction with the liquor traffic, the
amount of capital and the other information secured related to the
liquor traffic only. The object of the investigation was to ascertain
the volume of the liquor traffic as distinct from all other business. For
instance, if the liquor traffic was carried on in connection with the
grocery business the capital reported would be that portion of the land
and buildings considered as essential to the liquor traffic only and the
fixtures and sundry items that pertained exclusively to that traffic 5 the
rent and taxes reported are the rent and taxes paid on this proportion
of the entire capital. The number of proprietors and firm members
reported were those who could be considered as actively engaged in
the liquor traffic or its supervision. The facts are presented in this
table and its summaries so as to show separately establishments engaged
exclusively in the liquor traffic and those engaged in the traffic in con­
nection with some other business. Thus establishments are grouped in
six classes, according to character of business, as follows: Betail liquor
only, retail liquor and other trade, wholesale liquor only, wholesale
liquor and other trade, retail and wholesale liquor, and retail and
wholesale liquor and other trade.
Table II.— Summary of capital invested, taxes and rent paid, and per­
sons in each State engaged in each class of liquor traffic for the year end­
ing June 30, 1896.—The details presented in the preceding table are
here summarized for each State canvassed, the grouping into the six
classes according to character of business being preserved.
Table III.— Summary of capital invested, taxes and rent paid, and per­
sons engaged in each class of liquor traffic, by States, for the year ending
June 30, 1896.—This table brings together the facts for each of the six
classes of business, showing for each class the total for all States com­
bined, so far as canvassed.
Table IV .— Summary of capital invested, taxes and rent paid, and per­
sons engaged in the liquor traffic, by States, for the year ending June 30,
1896.—This table brings together the State totals, showing the facts for
the 29,258 establishments canvassed. The table shows that the 29,258
establishments had capital to the value of $173,421,799 invested exclu­
sively in the liquor traffic. Of this capital $74,681,656, or 43.06 per
cent, was owned and $98,740,143, or 56.94 per cent, rented. The value
of the land and buildings owned and rented amounted to $125,788,971,
or 72.53 per cent of the total. The total value of fixtures owned and
rented amounted to $10,933,587, or 6.31 per cent of the total. The
sundry items of capital, such as stock and cash on hand, bills receivable,




528

BULLETIN OF THE DEPARTMENT OF LABOR.

and unsettled ledger accounts, amounted to $36,099,241, or 21.16 per
cent of the total capital. This t&ble also shows that the 29,258 estab­
lishments paid yearly taxes amounting to $1,534,346 on the land and
buildings and $291,096 on the fixtures and other items of personal
property devoted exclusively to the liquor traffic. These taxes are the
general tax assessed on all real and personal property. They do not
include licenses or special taxes imposed on the liquor business as such.
The total, $1,825,442, must not be accepted as the amount that would
be collected at a given rate of taxation on the value shown for land
and buildings and fixtures. In many cases the values were so small
that a tax was not collected. In the State of Delaware, and possibly
in other localities, no tax is levied by the State, county, or cities on
fixtures in saloons. In the city of Chicago comparatively few liquor
dealers reported taxes paid on personal property, the amount paid for
license apparently being accepted as a sufficient tax on property of
that character. Therefore the rate of taxation for the United States
or for any particular State or locality can not be computed from these
totals.
The amount paid as rent during the year is reported as $9,288,439.
This is the total amount that would have been received if rent was
actually paid for the entire time that the rented properties were used
for the liquor traffic. In cases where the person occupying the premises
at the time of the canvass had not been in possession for the entire
year the amount of rent paid by him was reported, and it was also
ascertained how long the premises had been used for the liquor busi­
ness during the year; the amount paid by the former occupauts was
then estimated. The total, therefore, is only the rent charged to the
premises or that portion of the premises used for the liquor traffic dur­
ing that part of the year that they were used for that purpose. In
many cases the premises were used for other business or were idle
during a part of the twelve months, therefore the amount reported as
rent can not be used to compute the per cent of return for rented
property used in the liquor traffic.
The 29,258 establishments canvassed were controlled by 34,700 firm
members and individual proprietors, of whom 33,017, or 95.15 per cent,
were males, and 1,683, or 4.85 per cent, were females. The average
number of employees who were engaged a portion of their time at least
in connection with the liquor traffic was 43,802, of whom 37,984, or 86.72
per cent, were males, and 5,818, or 13.28 per cent, were females. I f
these employees had devoted their time to the liquor traffic exclusively,
it would have required 31,332 persons to carry on the liquor business
o f the 29,258 establishments.
There were, according to the estimate based on the canvass of 40,774
special-tax payers, and already shown in the table on page 525,161,4S3
establishments in the whole country engaged in the liquor traffic at the
time of the canvass made by this Department during the year 1896. It




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

529

is also estimated that there were 22,231 special-tax i>ayers who had
evidently been engaged in the liquor traffic at some time during the
year, but who had discontinued the business at the time the special
agent called to secure a report. As the special object of this branch
of the investigation was to ascertain the capital, employees, etc., of
establishments engaged in the liquor traffic at anyone time,those that
had discontinued business should not be considered in this connection.
There is a certain amount of capital invested in the liquor traffic by the
persons or firms represented by the 17,770 special-tax payers estimated
as having no appreciable capital invested in the liquor business. This
amount, while perhaps considerable in the aggregate, could not materi­
ally affect the total, and as there appears to be no reliable method of
estimating the amount so invested it has not been considered.
There is also a certain amount of capital that could be considered as
invested in the liquor traffic by the 1 ,86G breweries and 6,689 distill­
eries, as these breweries and distilleries held 3,618 special tax. stamps
as dealers. These tax stamps were obtained for the purpose of carrying
on the traffic at or adjacent to the brewery or distillery, and the capital
invested in such traffic would naturally be considered as representing a
part of the investment in the manufacturing plant, and it is supposed
to have been so reported and is included in statistics for “ Production.”
It was impracticable to make a separation of such capital so as to
show the amount invested exclusively in the traffic in liquors.
Special-tax stamps issued to brewers and distillers for traffic at points
distant from the brewery or distillery have been counted as dealers.
It is impracticable to give estimates of the capital, employees, etc.,
representing the liquor traffic in each State .and Territory. Such esti­
mates would have to be based on average conditions for all the States
canvassed and would not correctly rei>resent the individual States and
Territories where widely varying conditions are known to exist. This
may be seen by an examination of Table IV . But the facts given in
Table IV, covering as they do a canvass of parts of 14 States and
including nearly one-fifth of the entire number of establishments in the
country, are believed to be fairly representative of the whole country.
And it is believed that an estimate for the 161,483 establishments in
the whole country, if based on an average of the facts shown in Table
IV, will be substantially accurate. Estimates have thus been made.
For the year ending June 30,1896, the capital invested exclusively
in the liquor traffic by the 161,483 establishments, as estimated by the
method just described, was $957,162,907. Of this amount $412,188,729,
or 43.06 per cent, represented the value of land and buildings, fixtures,
and other properties owned by the persons or firms carrying on the
liquor traffic, and $544,974,178, or 56.94 per cent, the value of the prop­
erty rented by them. The estimated annual taxes paid on the property
was $10,075,120, and the rent paid on the rented property $51,265,465.
For the reason heretofore given the estimated amount of taxes should




530

BULLETIN OF THE DEPARTMENT OF LABOR.

not be used as a basis to estimate the rate of taxation, or the estimated
rent as the basis to ascertain the per cent of return on rented propertyused in the liquor traffic. All of these values pertain exclusively to
the liquor traffic and not to any other business that may be conducted
by the different establishments. The estimated number of proprietors
or firm members engaged in the liquor traffic was 191,519 and the
emi>loyees 241,755. I f the employees had devoted their entire time to
the liquor traffic, it is estimated that it would have required 172,931 to
carry on the business of the 161,483 establishments.
Table Y.—Summary of capital invested, taxes and rent paid, and
persons engaged in each class of liquor traffic for the year ending June
30, 1896.—This table summarizes, by classes of business, the facts for
the whole number of establishments. From this it appears that of the
29,258 places of business for which reports were secured 20,282, or 69.32
per cent, were engaged exclusively in the retail liquor traffic; 7,552, or
25.81 per cent, in the retail liquor traffic combined with some other
business; 214, or 0.73 per cent, in the wholesale liquor traffic exclu­
sively $ 37, or 0.13 per cent in the wholesale liquor traffic combined
with some other business; 985, or 3.37 per cent, in the retail and
wholesale liquor traffic; and 188, or 0.64 per cent, in the retail and
wholesale liquor traffic combined with some other business.
Turning to capital, it appears that of the aggregate, $173,421,799, the
retail liquor trade exclusively had $102,470,580, or 59.09 per cent; retail
liquor in combination with other business had $26,740,403, or 15.42 per
cent; wholesale liquor exclusively, $8,491,488, or 4.90 per cent; whole­
sale liquor in combination with other business, $395,451, or 0.23 per
cent; retail and wholesale liquor, $29,729,197, or 17.14 per cent; and
retail and wholesale liquor in combination with other business,
$5,594,680, or 3.22 per cent.
Table VI.—Establishments engaged in the liquor traffic in connection
with other business, arranged according to per cent of liquor traffic of total
business, for each State, by character of business, for the year ending June
30,1896.—Establishments engaged in the liquor traffic in connection
with some other business are in this table grouped according to such
business and according to the per cent that liquor traffic is of the total
business. In order to ascertain the proportion that the liquor traffic
was of the entire business of those establishments in which it was car­
ried on in connection with other business the following question was
asked: “ What proportion of the entire business o f all kinds, for the
year, is represented by the liquor traffic V7 The replies submitted in
answer to this question are presented in this table.
Table VII.—Summary of establishments engaged in the liquor traffic
in connection with other business, arranged according to per cent of liquor
traffic of total business, by character of business, for the year ending June
30, 1896.—This table is a summary of the preceding by character of
business, combining the various States canvassed.




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM

531

In Table V I the establishments engaged in the different classes of
business reported as being carried on in connection with the liquor traffie are arranged so as to show for each State and each class of business
the number of establishments having a specified percentage of their
entire business devoted to the liquor traffic. Table V II shows similar
facts for all the establishments canvassed in each class of business.
These tables indicate, for the establishments canvassed, whether the
liquor traffic forms the major or minor portion of the business of the
establishments in which it is conducted in connection with other business.
Of the 29,258 establishments canvassed 7,777, or 26.58 per cent,
reported that the liquor traffic was carried on in connection with other
business. The twelve classes of business shown to have been con­
ducted in connection with the liquor traffic are in some instances com­
binations of distinct pursuits•, for instance, the class ubakeries and
confectioneries” includes ubakeries” or uconfectioneries” as well as
ubakeries and confectioneries $” the class upleasure resorts’’ includes
museums, music halls, summer gardens, and theaters. The grocery
business appears most frequently in connection with the liquor trade,
3,078 establishments being reported, l^ext come hotels and boarding
and lodging houses, 2,117 establishments, and drug stores, 1,060 estab­
lishments. By reference to Table V II it appears that 3,763 establish­
ments, or 48.39 per cent of the 7,777, reported that the liquor traffic
formed 50 per cent or more of the entire yearly business o f the estab­
lishments. Of the 3,078 groceries in which the liquor traffic was carried
on, 1,114, or 45.94 per cent, reported that the liquor traffic represented
50 per cent or more of their entire annual business, and of the 2,117
hotels and boarding and lodging houses reporting, 1,528, or 72.18 per
cent, reported that the liquor traffic formed 50 per cent or more of their
entire business. As previously explained, the capital invested and
other statistical information reported by these 7,777 establishments
related exclusively to the liquor traffic.
Table VIII.—Establishments occupying rented property engaged in
each class of liquor traffic, by localities, for the year ending June 30,
1896.—This table shows the establishments occupying rented property
in detail for each city in vrhich there were 100 or more special-tax
payers, all other localities being combined and designated as urural.”
The totals are also shown for all the localities in each State so far as
canvassed.
Table IX .— Summary of establishments occupying rented property
engaged in each class of liquor traffic, by States, for the year ending June
30,1896.—This table summarizes the preceding, bringing all the State
totals together. The great extent to which rented property is used in
the liquor traffic is shown. It appears that of the 20,093 establish­
ments occupying rented property 15,458, or 76.93 per cent, were engaged
in the liquor traffic only, Avhile 4,635, or 23.07 per cent, were engaged in
some other business in combination with the liquor traffic.




532

BULLETIN OF THE DEPARTMENT OF LABOR.

The following table shows, by States, the number of establishments
engaged in the retail, wholesale, and retail and wholesale liquor traffic,
respectively, and the number and percentage in each class that occu­
pied rented property. In this table the establishments engaged exclu­
sively in the liquor traffic and those engaged in the traffic in connection
with other business have been combined.
E STABLISH M EN TS C A N V A S SE D A N D NUM BER A N D PER CENT OCCUPYING R ENTED
PROPERTY, 1896.
Retail.
States.

Wholesale.
Renting.

Renting.
Total.

Total.;

Num­
ber.

Per
cent.

1,443
1,570
174
4,720
314
1,478
2,240
46
1,998
1,872
803
559
553
1,375

97.56
70.12
59.39
74.45
57.93
63.32
77.99
57.50
53.00
71.02
69.34
67.43
60.31
56.63

60
10
1
19
10
23
8
5
20
53
5
16
5
16

T otal........... 27,834 19,145

68.78

251

California.............
Connecticut..........
Delaware...............
Illinois...................
I o w a ......................
Louisiana...............
Maryland...............
M ississippi...........
New Y ork.............
Ohio........................
Rhode Island........
Tennessee.............
Virginia.................
Wisconsin.............

2,479
2,239
293
6,340
542
2, 334
2,872
80
3,770
2,636
1,158
829
834
2,428

I Retail and whole1
!
sale.
Renting.

Nam
Per Total. Num-J Per
her. , cent.
her. cent.
50 83.33
7 70.00
1 100.00
15 78.95
3 30.00
17 73.91
5 62.50
2 40.00
6 30. 00
43 81.13
3 60. 00
8 50.00
3 60.00
7 43.75
170

Aggregate.
Renting.
Total.

Num­ Per
ber. cent.

126
166
11
222
59
73
109
12
124
82
63
27
32
67

120
96
6
149
27
44
79
7
62
65
46
20
18
39

95.23
57.83
54.55
67.12
45.76
60.27
72.48
58. 33
50.00
79.27
73.02
74. 07
56.25
58.21

1,613
1,673
181
4,884
344
1,539
2,324
55
2,066
1,980
852
587
574
1,421

96.88
69.28
59.34
74.21
56.30
63.33
77.75
56.70
52.78
71.45
69.49
67.32
65.90
56.59

67.73 1,173

778

66.33 29,258 20,093

68.68

1,665
2,415
305
6,581
611
2,430
2,989
97
3, 914
2,771
1,226
872
871
2,511

This statement shows that out of the entire 20,258 establishments
canvassed 20,093, or 68.68 per cent, were occupying rented property.
THE REVENUE FBOM THE PRODUCTION OF AND THE
TKAFFIO IN LIQUORS.
The revenue derived from liquor manufacture and traffic consists of
the general tax levied on real and personal property employed in such
manufacture and traffic $ the United States internal-revenue tax; the
customs duties on imported liquors; the license fees or special taxes
collected under authority of the States, counties, and municipalities;
and the fines collected from violators of the internal-revenue laws and
o f the laws o f the States, counties, and municipalities controlling the
manufacture and traffic.
The annual amount derived from the tax on real and personal prop­
erty owned by persons and firms engaged in the manufacture of liquors
is estimated at $1,225,805.85, and the tax on real and personal prop­
erty occupied by persons and firms engaged in the liquor traffic, and
devoted exclusively to such traffic, as shown by such investigation, is
estimated at $10,075,120. The amount of the United States internalrevenue tax is ascertained from the reports of the Commissioner of
Internal Revenue. The customs duties on imported liquors are shown
in the publications of the Bureau of Statistics of the Treasury Depart­




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

533

ment. In order to ascertain the facts in regard to revenue collected by
States, counties, and municipalities, however, special investigation was
necessary. These facts were compiled from reports furnished by State,
county, and municipal officials and show the amount of revenue col­
lected as license fees or special taxes and fines for the violation of the
laws controlling the liquor business during the year ending June 30,
1896, or the most convenient fiscal year ending nearest to that date.
A complete canvass has been made of the entire country, and it is
believed that reports have been secured from practically all of the
political subdivisions in which revenue of this character was collected
during the fiscal year of 1896.
In some States—for instance, Connecticut, Michigan, Pennsylvania,
and Ohio—all the license fees or special taxes were collected by the
county officials, certain proportions being paid into the State, county,
and municipal treasuries. For States in which this practice prevails,
the table which follows does not show the number of municipalities
that receive revenue, but only the number, if any, in which the officials
actually collected license fees or taxes of this character.
In Iowa the county officials collect a special tax from the liquor
traffic, half o f which is paid into the treasury of the municipality
where the saloon is located and half into the county treasury. In
addition to this tax the cities have the right to, and do, collect a spe­
cial tax on the liquor traffic, the entire amount of which is paid into
the city treasury. For States in which this practice prevails, the table
shows the number o f counties in which the officials collect a revenue,
and also the number of municipalities that collect a revenue in addition
to that collected under authority of the county. Therefore the table
docs not show the total number of municipalities that receive a revenue
from this source, as in a number of States the county officials collect
the revenue and pay it, or a proportion of it, to the municipalities.
Fines are collected by numerous officials. For instance, in Massachu­
setts they are collected by justices of the peace, the clerk, or, if no
clerk, the justice of the municipal or police and district courts, the
sheriff, the keeper of the jail, or the master of the house of correction.
A ll fines collected under sentence of the superior court are paid into
the county treasuries, and all collected under sentence of courts inferior
thereto are paid into the town or city treasuries.
The table showing the number of counties and municipalities report­
ing in regard to the collection of license fees or special taxes and fines
follows.




534

B U LLE TIN

OP TH E D EPARTM EN T OF LABOR.

COUNTIES A N D M U N IC IP A L IT IE S COLLECTING LICENSE FEES OR SPECIAL T A X E S
A N D FIN ES, B Y STATES A N D TERRITO RIES.
Connties reporting tliecoUection o f - ' Municipalities re^rtiug the colleeStates and Territories.

Alabama..................................
Alaska (a)..............................

No
license,
tax, or
fines.
15

Arkansas................................
California................................
Colorado..................................
Connecticut............................
Delaware................................
District of Columbia............
Florida....................................
Georgia....................................
Idaho.......................................
Illin o is....................................
IncTana....................................
Indian Territory (a) ............
Iow a................... " ....................
Kansas ....................................
K e n tu c k y ..............................
Louisiana. . . . . . . . . . . . . . . . . .
M a in e ................................ .
Maryland.............
Mnssn eh nsetts____________
M ichigan........- .....................
Minnesota..............................
M ississippi............................
M issouri.................................
Montana...........
Nebraska................................
Nevada. . . . . . . . . . . . . . . . . . . .
New Hampshire____ ______
New J e r s e y .......................
New Mexico............... ..........
New York (b)
North Carolina.....................
North D akota.......................
Ohio..........................
Oklahoma.. . . . . . . . . . . . . . . . .
O regon....................................
Pennsylvania. - . . . . . . . . . . . .
.Rhode Island.....................
South Carolina . . . . . . . . . . . .
South D akota................... .
Tennessee ..............................
T e x a s ..................... ................
Utah.................................... .
"Vermont__________ ________
V irginia..................................
Washington ____________ _
West Virginia.......................
W isconsin______________ T.
Wvomine ( c ) ••••••••••••••

35

T o ta l.............................

736

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

,T j

\v/ ............

2i

12
71

License Fines,
or tax, but no
but no license
or tax.
fines.
21

11

11
17
46
28
1
2

15
1
4

License
No
or tax : license,
and 1 tax, or
fines, j fines.
i>|
............i*i
8 I
10 •
3 1
7 i
1 i
i !
2 !

27
37
19
8
50

4
17
35
1

8 '
j
41 |

22
50
18
10

32
41
35
37

25
5
13
2
16

9

9
1
35
19
10
54
20
7
14

20
9 I
53 1
10
!
6 ;
1
|
42
12
3
38
3

5i

2
39
40
13
75

12
4
11
22
10
2
10
1

11
14
17
19
8
2
2
49
11
51
12

1
8

7
17
49

70
14
74
18
19
60

i
1
1
3

122 i

i
'
!
1
6i

9
4

i
|

8 !
6 [
13
4
2
7

3
11

23
33
147
12

i
!

3
9
6
13

80

1

17

9

22

I
1,195

1

21
292

43 !
21
3

11
5
12
476

License j Fines,
or tax, j but no
but no license
fines. | or tax.

14

52 |

5
8
27
43
109

7
131
68 j
95 i
1 :
|
i
30
57
9
329
224

29
17
26
149
120
152
286
32
8
21
8
142
748
62
11
454
45
162
10
14
U

i

4

18
1
7
18
15
1

1
3
1
59
1
2 i
9 i!
l

16 !
1 !
!
is |
88
2
i_........... _
1

96
2
100
49
17
8
59 |

i
|
I
243
15 i
198 i|

18
205

;

64

14
17
158
23
58
11
3
59
18
174
463

24

90
20
6
4
48

|
i i

19

1 |
12
158
!
2 !

i

27
58

i

9

2
353
51
20

14
c
1
1
65

32
5
24

o
18
2
13
5
24

i

■
4
17
fta i
61 ...............
107
25
96
49
1
76
29
14
5
609

;

!

3,214

9

76

|

5

16 ,
35
6

31
99
920
26
66

4,856

License
or tax
and
fines.

l
1
o!
t
|
|
1

632

j

2
30
9
35

23i
36
61
757

a X o information received except tliat concerning United States revenue.
b Information obtained from State report, but not in form for this tabulation. A ll the counties
(60) in tbe State appear to have collected revenue for the benefit of the State and municipalities.
c Information furnished by a State official, but not in form for this tabulation.

The number of counties in which revenue was collected as shown by
this table will not, in every instance, agree with the number of counties
in which revenue was collected as shown by Table X , of the Twelfth
Annual Eeport, because in some States the municipalities collect revenue
for the benefit of the counties. In Xew Jersey the county officials col­
lect license fees, but it is all for the benefit of the municipalities. There­
fore the above table shows that in Xew Jersey there were 20 counties
that collected license fees, while Table X shows that the counties in the




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

535

State received no revenue from license fees or special taxes. In other
words, the preceding table does not show the total number o f counties
or municipalities that receive license fees or special taxes and fines from
the liquor business, but as nearly as possible the number in which the
officials collect such revenue.
No information except that concerning United States revenue was
received for Alaska or Indian Territory. There were 2,771 organized
counties in the United States, and excluding Wyoming there were
2,759 organized counties. The officials in 73G of these counties, or 26.G8
per cent of the total, reported that no license fees or special taxes and
fines were collected from the liquor business; in 1,255 counties (which
include the GO in New York), or 45.49 per cent of the total, the officials
reported that license fees or special taxes had been collected, but no
fines; in 292 counties, or 10.58 per cent of the total, they reported that
fines had been collected, but no license fees or special taxes; while in
47G counties, or 17.25 per cent of the total, they reported that both
license fees or special taxes and fines had been collected. Combining
the counties that reported only one class of revenue with those that
reported both, it appears that the officials in 2,023 counties, or 73.32 per
cent of the total, collected a special revenue, either as license fees or
fines, from the liquor traffic. The officials in 1,731 counties, or G2.74
per cent of the total, reported that license fees or special taxes had
been collected from the liquor business.
In considering the municipalities it must be remembered that the
term embraced all minor civil divisions within a county. In 4,85G
municipalities the officials reported that no license fees or special
taxes and fines were collected from the liquor business. This number
includes many places that were not incorporated, and for that reason
collected no revenue. This is particularly true of the municipalities in
the States of Illinois, Iowa, Kansas, Michigan, Minnesota, Nebraska,
North Dakota, South Dakota, West Virginia, and Wisconsin. The
conditions in these States were such that schedules had to be sent to a
large number of municipalities in order to insure reports being secured
for all places in which revenue was collected. The fact that the places
were or were not incorporated could not be determined prior to send­
ing the schedule. While, as a rule, the license fees or special taxes
were collected by the county officials in Connecticut, Michigan, and
Ohio, the city officials in these States could and did to some extent
collect fines for violations of the laws and ordinances controlling the
liquor business.
Tabic X .—License fees or special taxes and fines collected from the
liquor business by State, county, and municipal officials, by counties, for
ilic year ending June 30, 1896.—This table shows in detail for each State
the amount of license fees or special taxes and fines collected in each
comity for the benefit of State, county, and municipality. These facts
are in the next table brought together by States, and in addition the




536

BULLETIN OF THE DEPARTMENT OF LABOR.

amount of license fees or special taxes collected for the benefit of the
United States is given.
Table X I.—License fees or special taxes and fines collected from the
liquor business, by States and Territories, for the year ending June 30,
1896.—This table shows that, according to the reports received by the
Department from State, county, and municipal officials, and the report
of the Commissioner of Internal Revenue, the total amount collected
during the year ending June 30,1896, as a special revenue from the
liquor business was $165,020,175. O f this amount the United States
received $114,450,861.77, or 69.35 per cent,* the States, $10,490,315.16,
or 6.36 per cent; the counties', $5,389,782,81, or 3.27 per cent; the
municipalities, $34,689,215.26, or 21.02 per cent. The license fees or
special taxes amounted to $164,016^401.68, or 99.39 per cent of the total,
and the fines to $1,003,773.32, or 0.61 per cent of the total.
The revenue shown to have been collected for the benefit of the
United States is the amount reported by the Commissioner of Internal
Revenue as the collections from distilled and fermented liquors. I f it
were desired to ascertain the net amount realized by the United States
as revenue from the liquor business, it would be necessary to deduct
from the above amount the cost of collection. This, for all classes of
internal revenue, was $4,086,292.47. The expense that pertains to the
collection of the revenue from the liquor business as distinct from that
for the collection of revenue from tobacco, oleomargarine, and other
sources is not reported, and it is not possible to accurately estimate it.
The Commissioner of Internal Revenue reports $184,167.44 as the
net total of penalties collected during the year. This amount includes
the revenue derived from the sale of confiscated liquors, some miscella­
neous items, and all amounts recovered by suits for violations of the
internal-revenue laws generally. It was impossible to ascertain, from
the records of the Treasury Department, the portion of this total that
was collected for violation of those provisions of the laws which pertain
exclusively to the manufacture and sale of distilled and fermented
liquors. It is probable that the larger portion, possibly two-thirds
($122,778.29), of the total penalties were collected from the liquor busi­
ness. The clerks of the United States district courts in Indian
Territory reported that they collected during the year from violators of
the statutes controlling the liquor traffic in the Territory $1,066.67.
This will make an estimated total of $123,844.96 as the annual amount
derived by the United States as revenue from fines, sales of confiscated
liquors, and miscellaneous items pertaining to the liquor business, but
not reported as special taxes.
As a rule, the amounts indicated in Tables X and X I as having been
taken from State reports are the net receipts—that is, the aggregate,
less any commissions or fees that may have been allowed for collecting.
In States where no fees or commissions were allowed, but a salary
paid, the amounts are the gross collections. The circular sent from the




ECONOMIC ASPECTS OP THE LIQUOR PROBLEM.

537

Department was designed to ascertain the total amount collected.
When commissions or fees were allowed and reported separately they
were apportioned among* the collections for the benefit of the State, the
county, or the municipalities, respectively. This was necessary in order
to make, as far as possible, a uniform report, as in the majority of the
counties and cities the officials were paid salaries, and it was impossible
to ascertain the proportion of the total salary that was paid for collect­
ing the revenue from the liquor business as distinct from the other
miscellaneous duties performed by the same official.
In some States—for instance, New Jersey and Pennsylvania—the
officials who collect the license fees are allowed a fee on each applica­
tion, also fees for issuing transfers of licenses and fees to meet expenses
of advertising, recording, etc. In some States these fees were retained
as a part of the salary or perquisite, while in others they were paid into
the county or municipal treasury. Fees o f this character had evidently
not been fully reported in all o f the States.
The revenue derived from “ druggists’ licenses,” under which liquor is
sold on a physician’s prescription or in limited quantities, is not included
in this report, because it was impossible to ascertain the proportional
amount o f the druggist’s license that should be charged to the traffic
in liquors only. For the same reason licenses issued to merchants
indiscriminately or according to the amount of business transacted, but
not designating the liquor business as a special object of taxation, have
not been included. If, however, the druggist or merchant was required
to pay a license in addition to his regular druggist’s or merchant’s license
in order to sell liquors, the amount of this additional license has been
ascertained and is included in the license fees or special taxes. In the
States of Kentucky and Missouri a general ad valorem tax is imposed
on all stock of merchants, and in addition to this a license fee is required
for the sale of liquors. The amount of this ad valorem tax collected in
Kentucky for the benefit of the State during the year ending June 30,
1806, was $17,976.17. The amount collected in Missouri during the
year ending December 31, 1896, for the benefit of the State and coun­
ties was $14,139.23. In these States the laws contain special provisions
as to the method of collecting this tax on liquors, and the amounts here
given have been taken from the State reports. The amount collected
in Kentucky for the benefit of the counties and cities or in Missouri for
the benefit of the cities (if any) is not shown. While there is probably
a considerable revenue derived in this way from the liquor business, it
can not be considered a special tax or license, and it probably has not
been fully reported in response to inquiries concerning the tax paid on
real and personal property. This class of revenue, therefore, is not
included in this report, except to the extent given above for Kentucky
and Missouri.
The inquiry concerning fines was intended to secure a report of any
revenue derived especially from the liquor business that probably would
6368—No. 17-----3



538

BULLETIN OF THE DEPARTMENT OF LABOR.

not be given in answer to inquiries concerning license fees or taxes.
Therefore not only fines and costs were given in answer to this inquiry,
but also amounts derived from the sale of confiscated liquors.
The Department has taken every precaution to obtain, as far as pos­
sible, a full report as to the fines collected for violations of the laws
controlling the liquor business, and it is believed that for the majority
of the States complete reports have been secured. In some States fines
were paid into the county and municipal treasuries in lump sums, with­
out designating the character of the offense for which the fine was
imposed. In such cases, when the treasurer or accounting officer could
not give the amount of fines for violations of the laws controlling the
liquor business, schedules were sent to the court officials or others who
were supposed to be cognizant of the character of the prosecutions.
In a few States the fines collected were applied to the payment of the
prosecuting attorneys’ fees and other court expenses. In such cases
it was difficult and sometimes impossible to ascertain the actual amount
collected.
The fines shown in. this report do not include those collected for
drunkenness or disorderly conduct.
While it is known that in many States there was a large number of
prosecutions for violations of the liquor laws, from an examination
of the reports it appears that there were comparatively few convic­
tions, and of the convictions a comparatively small number in which
fines were actually collected. A large proportion of the cases were
compromised or the fines remitted on the payment of costs, while in
others a jail sentence was imposed and no fine or costs collected. In
certain localities in New Jersey and Pennsylvania, and possibly in other
States, it appears to have been the practice to institute prosecutions
for keeping a “ disorderly house” when the disorder consisted entirely
o f the illegal sale of liquors; but as the court records do not disclose
the fact that the illegal sale of liquor was considered in the prosecu­
tion, it was impossible to ascertain which of the cases were due to
violations of the liquor laws.
Only money actually collected has been reported. I f the fine imposed
was Avorked out on the county farm, roads, or other method of convict
labor, it has not been considered. It was not practicable to separate
the value o f such services rendered by those convicted for violations
of the liquor laws from the total value placed on all convict labor.
In States where local-option or prohibition laws prevailed the local
officials and the special agents of the Department frequently reported
that revenue had been collected, but owing to the fact that the amounts
were indiscriminately reported as licenses or fines, it was impossible to
decide to which class of revenue they should be assigned, and they
were tabulated as returned.
In spite of all the difficulties in the way of securing complete returns,
it is believed that the actual annual amount of fines collected for viola-




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

539

tions of tlio laws controlling tlie liquor traffic is but slightly in excess
of tliat shown in this report.
The total annual revenue derived from liquor manufacture and traffic
may be recapitulated as follows:
Tax on real and personal property employed in liquor manufacture

(estimated)....................................................................................................

$1,225, 805.85

Tax on real and personal property omployed in liquor traffic (esti­
mated) ..................................................................................- ...............................
10,075,120.00
32,115.70
Ad valorem tax in Kentucky and Missouri...................................................
United States internal-revenue t a x ................................................................. 114,450,861.77
License fees or special taxes, S ta te s...............................................................
10, 399,015.60
License fees or special taxes, counties...........................................................
5,011,225.06
License fees or special taxes, m unicipalities............................................... 34,155,299.25
Fines, States..............................................................................................................
91,299.56
Fines, counties..........................................................................................................
378,557.75
Fines, municipalities.............................................................................................
533,916.01
Fines,sales o f confiscated liquors,etc.,United States (estimated) . . .
123,844.96
Customs duties on imported liquors...............................................................
6, 736, 063.00
T otal................................................................................................................

183,213,124.51

After what has been said about the methods of collecting license
fees or special taxes and fines, and the difficulties of ascertaining the
amounts of such collections, it need hardly be said that to ascertain
the cost of collecting such revenues was simply impossible. The offi­
cials making the collections were generally paid salaries covering all
the duties of their positions, of which the collections formed a small
and variable part. In the collection of fines, to cite an example, the
cost was inseparably bound up with other court costs, including the
salaries of a number of officials. For these reasons it will be seen
that it is not possible to give even an estimate of the cost.
THE EXPERIENCE AND PRACTICE OF EMPLOYERS RELA­
TIVE TO THE USE OF INTOXICANTS.
In addition to the foregoing strictly statistical results of a study
of the liquor problem it was desired to possess some information in
regard to the use of intoxicating liquors in its relation to employment,
based on the observation and experience of large employers of labor in
various industries. It seemed desirable to ascertain from such sources
what consideration is given to the drinking habits o f the seeker for
employment and what means are used in judging the prospective
employee generally. To acquire a knowledge of the lines of industry,
establishments, and occupations in which those indulging in intox­
icating liquors are not employed, and the reasons for such nonemploy­
ment, seemed important. The extent of the use of liquors by employees
subject to night work, overwork, exposure, irregularity of hours of
labor such as to work hardship, the shortening of the hours of labor,
etc., was deemed to be a subject on which emx>loyers should have
experience and opinions of value. The relation between pay days, holi­




540

BULLETIN OF THE DEPARTMENT OF LABOR.

days, and Sundays and overindulgence in intoxicants was suggested
in the same connection. And, finally, it seemed of interest to ask
what means employers would suggest, as in their opinion the best, to
lessen the consumption of intoxicating liquors.
The foregoing inquiries and a few others were embodied in a sched­
ule which was sent to a large number of employers of labor in various
parts of the country, who were requested to furnish answers to the
inquiries. This schedule was sent to 30,414 employers, of whom 12,114
were engaged in agriculture, 6,673 in manufactures, 6,582 in mining
and quarrying, 3,040 in trade, and 2,005 in transportation.
The following statement shows by industries the number of establish­
ments sending replies to the inquiries and the number of employees
engaged in each industry:
EST AB L ISH M EN T S REPORTING A N D NUM BER OF EM PLOYEES, B Y IN D U ST R IES.

Items.

A gri­
cul­
ture.

Manu­
factures.

823
3,744
Total establishments.............................................
Establishments reporting number of employfifta____ ___________ 7____ _______________
783
3,700
Total employees reported..................................... 41,355 1,011,661
Establishments not reporting number of
40
44
employees..............................................................

Mining
and
quarry­
ing.

Trade.

Trans­
porta­
tion.

1,188

541

Total.

729

7,025

1,164
174,806

541
713
59,337 458,764

6,901
1,745,923

24

16

124

O f the total of 7,025 establishments returning the schedule of inquir­
ies, 0,901 reported as to number of employees. The total employees
reported was 1,745,923. The manufacturing industry furnished the
greatest number of establishments and employees, 3,700 establishments
reporting 1,011,661 employees. In transportation 713 companies re­
ported 458,764 employees. In other industries fewer employees were
reported, but the number was sufficient in each case to make the state­
ment fairly representative.
Employers were asked if in employing new men they were accus­
tomed to give consideration to habits as to the use of intoxicating
liquors, and, if so, what means were used to ascertain such habits.
Out of 6,976 employers answering the inquiry, 1,613 reported that
liquor habits were not taken into consideration; 5,363 reported that
means were taken to ascertain the facts. The various means employed
are shown for each industry in the table following.




541

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

M EAN S EM PLOYED W H E N H IE IN G EM PLOYEES TO A SC E R T A IN T H E IR H A B IT S AS
TO THE USE OF IN T O X IC A T IN G LIQUORS.

Mean s employed.

MinA gn - ;Manu­ ing
Trans­
CUl- 1 fac­ and Trade. porta­ Total.
turo. ; tures. quar­
tion.
rying.
121
7
26
15
32

94
2
16
3
12

1 ■
'3
46
44
51
18
10
]
1
18
307
176
80
8
12
220
238
116

1 i
1 !
17 i!
17 I
16 !I
1 !
1 i

Personal knowledge............................................. .......................
Personal knowledge and reputation.......................................
Personal knowledge and appearance.......................................
Personal knowledge and questioning applicant...................
Personal knowledge and recommendations............................
Personal knowledge and recommendations from former
employers....................................................................................
Personal knowledge and inquiry of former employers.......
Personal knowledge and in qu iry.............................................
Reputation......................................................................................
Reputation and appearance........................................................
Reputation and questioning applicant...................................
Reputation and recommendations...........................................
Reputation and recommendations from former employers:
Reputation and inquiry of former employers..................... .
Reputation and inquiry...............................................................
Appearance......................................................................................
Appearance and questioning applicant.................................
Appearance and recommendations...........................................
Appearance and recommendations from former employers.
Appearance and inquiry of former employers....................
Appearance and inquiry.............................................................
Questioning applicant.................................................................
Questioning applicant and recommendations......................
Questioning applicant and recommendations from former
employers....................................................................................
Questioning applicant and inquiry of former employers..
Questioning applicant and in qu iry.........................................
Recommendations.........................................................................
Recommendations from former employers and others----Recommendations and inquiry of former employers.........
Recommendations and inquiry..................................................
Recommendations from former employers............................
Recommendations from former employers and inquiry—
Inquiry of former employers......................................................
Inquiry of former employers and others............. ..................
Inquiry of former employers and bond required................. .
Inquiry.............................................................................................
Bond required................................................................................
Offer them liquor and make inquiry.......................................
Means employed not reported....................................................

1
103

391

107

50

T o ta l............................................................
Do not take liquor habit into consideration.
Not reported..........................................................

581
229
13

2,940
783
21

668
513
7

471
64
6

57 1
7

e
4
8

29
13
16
1
1
3
38
18
7

i

25
45
11

l

49
28
11
2
2
39
67
2

11

22 '
4
1
1 I
19 |

305
20
52
23
77

3
4
4
2
i

0
2
21
11
7
2
3

9
6
116
89
94
24
16
1

22
11
16
5
2
29
21
29

1
3
17
8
20
9
5
47
39
32

1
6

i
!i.

1

1
4
25
6
1

16
4

7
20
142
137
2
7
105
25
9
69
28

6
7
5
18
1

1
6
29
41
2
5
16
17
5
25
13

114

447

105

93

2
12
16
2
9
10

!
!
i
i
l
1
!
1
,
1
|
!
1

9
7
33
55
5
5
25
31
16
29
15
1
142
8

!
!
j

i
;

2
25
433
241
134
24
22
360
410
190
18
39
241
255
10
19
161
90
35
157
61

i

901
8
1
693

42

703 |
I 5.363
24 !! lj 613
i
49
2

i

This table shows that the largest per cent of employers making some
investigation in regard to the liquor habits of the men was found in
transportation, 703 reporting that some inquiry was made and but 24
that men were employed without regard to such habits. In trade 471
reported that habits were considered and 04 that they were not. In
manufactures 2,940 reported some consideration and 783 none.
It was found that in some establishments no one using intoxicating
liquors was employed. In other cases the prohibition applied to certain
occupations only, and in still other cases to employees only when on
duty. The reasons for the prohibition as regards establishments and
occupations as stated by the employers reporting on this subject are
shown in the statement following.




542

BULLETIN OF THE DEPARTMENT OF LABOR.

REASONS FOR R EQ U IR EM EN T T H A T EM PLOYEES S H A L L NOT USE IN T O X IC A T IN G
LIQUORS.

Reasons given.

Because of personal disgust for drinking men.....................
Because of responsibility of position......................................
Because of responsibility of position .and to make good
example for other employees...................................................
Because of their youth................................................................
Because of unreliability of drinking m e n ............................
Because of unreliability of drinking men and their dis­
agreeableness to customers.....................................................
Because of unreliability of drinking men and personal
disgust for them.........................................................................
So we can control them................................................................
For purposes of economy............................................................
For the good of employees..........................................................
To guard against abuse of animals.........................................
To guard against accidents........................................................
To guard against accidents and abuse of animals..............
To guard against accidents and because of personal dis­
gust for drinking men..............................................................
To guard against accidents and because of responsibility
o f position....................................................................................
To guard against accidents and because of unreliability
o f drinking m en................. ......................................... ............
To guard against accidents and dishonesty..........................
To guard against accidents and for economy.......................
To guard against accidents and to make good example for
other employees.........................................................................
To guard against accidents, inefficiency, and poor w ork...
To guard against dishonesty......................................................
To guard against incompetency...............................................
To guard against inefficiency and to make good example
for other employees...................................................................
To guard against inefficiency and poor w ork .......................
To guard against inefficiency, poor work, and abuse of
animals..........................................................................................
To guard against inefficiency, poor work, and dishonesty..
To guard against irregularity in time.....................................
To guard against irregularity in time and because of
unreliability of drinking m en ...............................................
To guard against irregularity in time, inefficiency, and
poor w o rk ....................................................................................
To guard against temptation....................................................
To make good example for other employees.........................
To prevent retarding work................. ......................................
Total

Agri­ Manu­
cul­
fac­
ture. tures.

Trans­
Trade. porta­ Total.
tion.

3
54

322

107

8

64

2

12

4

1

1

20

71

7

20

G

134

1 .......

2

2

1

3

3

3

3
555

1
4

5

6

2

5
46

316

2

199

16

27

25

1

6

2

1

1
1

1

65

1
1

5

1

10

6

10
2

5

6

1

3

19
46
23
40

10

2

2

67

2

1
1

3
5

1

18

10

5
10

23

1

14

1

6
31

5

1

T
17

6

2

6

10

1

28
3

208

2

j

899

j

414

J

70 |

203

j

1,794

The two chief single reasons given by employers for the requirement
that employees shall not use intoxicating liquors are seen to be “ to
guard against accidents” and “ because o f responsibility of position.”
These two make up more than two-thirds of the number reporting, and,
in combination with others, comprehend a great many of the remaining
cases. The statement, “ because of responsibility of position,” is some­
what general in character. It was principally applied to engineers,
overseers, foremen, and watchmen. For this reason it is probable that
the statement more in detail would divide itself into several heads, viz:
To guard against accident, fire, or theft; to secure honesty and relia­
bility, and to make a good example for other employees.
The facts with regard to establishments prohibiting the use o f intoxicating liquors by employees either on or oft’ duty are shown in the
statement following.




543

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

ES T A B L ISH M E N T S FORBIDDING USE OF IN T O X IC A T IN G LIQUORS B Y EM PLOYEES.
i
Agri­ . Manu
i cul­ ; facture. ! tures.

Establishments requiring that no employees shall use in- *
toxicating liquors when on duty........................................... :
Establishments requiring that no employees shall use in- j
toxicating liquors either on or off duty................................
Establishments requiring that employees in certain occu-1
pations shall not use intoxicating liquors when on duty.,
Establishments requiring that employees in certain occu- ;
pations shall not use intoxicating liquors either on or '
off d u ty ......................................................................................... 1
Total establishments making some requirement:
that employees, or employees in certain occupa-!
tions, shall not uso intoxicating liquors.....................
Establishments making no requirement that employees '
shall not use intoxicating liquors.........................................
Establishments not reporting whether any requirement
is made that employees shall not use intoxicating liquors.

Mining
and
quarrying.

j
Trans-!
i
; Trade. porta- |Total.
'
tion.
i

1
140 !
1
43 |

42 |

492

153 |

218

64 !
i

364

159 1
j

40

167 ;
1
203 ji
1
65 |

151 |

663

290 ;

45

135 ! 1,284

1,737

G32 !

178

570 • 3,527

526

341 !
i
22 !
1

138 ■ 3,265

14
79

855
696
692

i
410

353 ' 1,907
i
60 1 100

30

21 !

233

This table brings out the fact that more than one-half of the estab­
lishments reporting require in certain occupations and under certain
circumstances that employees shall not use intoxicating liquors. The
whole number making some such requirement was 3,527, while the
number of establishments making no requirement was 3,265.
The principal occupations reported as those in which employees are
required not to use intoxicating liquors while on duty are—
In agriculture: Foremen, managers, engineers, firemen, cotton ginners, stockmen,
sugarlionse employees, clerks, machine hands, cotton planters, and teamsters.
In manufactures: Engineers, firemen, watchmen, foremen, managers, clerks,
sawyers, filers, teamsters, machine hands, and packers.
In mining and quarrying: Foremen, engineers, firemen, weighmen, watchmen,
machinists, clerks, electricians, handlers of explosives, drivers, and teamsters.
In trade: Engineers, firemen, foremen, watchmen, clerks, salesmen, elevator men,
janitors, teamsters, and porters.
In transportation: Trainmen, motormen, conductors, telegraph operators, agents,
foremen, electricians, switchmen, and pilots.

The principal occupations reported as those in which employees are
required not to use intoxicating liquors either on or off duty are—
In agriculture: Foremen, managers, engineers, firemen, cotton ginners, sugarhouse employees, clerks, machine hands, and teamsters.
In manufactures: Engineers, firemen, watchmen, foremen, clerks, mechanics,
sawyers, filers, salesmen, and machine hands.
In mining and quarrying: Foremen, engineers, firemen, weighmen, watchmen,
machinists, clerks, electricians, handlers o f explosives, drivers, and teamsters.
In trade: Foremen, clerks, watchmen, and salesmen.
In transportation: Trainmen, motormen, conductors, telegraph operators, agents,
foremen, electricians, and switchmen.

Establishments haying employees subject to night work were asked
to state whether such employees were more addicted to the use of
intoxicating liquors than others. In all, 1,659 establishments reported
having employees subject to night work and 5,337 reported no employees
subject to night work. The result in detail follows.



544

BULLETIN OF THE DEPARTMENT OF LABOR.

USE OF IN T O X IC A T IN G LIQUORS R T EM PLOYEES SUBJECT TO N IG H T W O R K .
M in­
Agri­ 1Manu­ ing
Trans­
cul­
fac­
and Trade. porta­ Total.
ture. tures. quar­
tion.
rying.
Establishments having employees subject to night work:
Reporting such employees more addicted to use of
intoxicating liquors than others. . . . . . . . . . . . . . . . . . . .
Reporting such employees not more addicted to use of
intoxicating liquors than others............. .....................
Not reporting as to use of intoxicating liquors by
employees. . . . . _______ . . . . . . . . . . . . . . . . . . . . . . . .
T otal...............................................................................
Establishments having no employees subject to night
w ork.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Establishments not reporting whether employees are sub­
ject to night w ork .......................... ........................................

23

90

14

3

11

141

94

680

197

56

433

1,460

10

24

2

2

20

58

127

794

213

61

464

1,659

688

2,942

966

479

262

5,337

8

8

9

1

3

29

It does not appear from the foregoing table that employees subject to
night work are to any considerable degree addicted to the use of intoxi­
cating liquors beyond other employees. It is seen that but 141 estab­
lishments out o f 1,659 having employees subject to night work reported'
that such employees were more addicted to the habit than others, while
1,460 reported that there was no difference.
The leading occupations of employees reported subject to night work,
who are also more addicted to the use o f intoxicating liquors than other
employees, are—
In agriculture: Stockmen, tobacco curers, cotton ginners, engineers, firemen,
laborers, dairy bands, sugar-plantation men, and watchmen.
In manufactures: Compositors, pressmen, engineers, firemen, sawmill employees,
furnace and rolling mill employees, stevedores, tailors, and kilnmen.
In mining and quarrying: Miners, quarrymen, engineers, firemen, laborers, team­
sters, and smelters.
In trade: Coal heavers, drivers, and telegraph operators.
In transportation: Trainmen, switchmen, motormen, conductors, drivers, sailors,
and stevedores.

The facts for establishments having employees subject to overwork
are shown, as reported, in the following statement:
USE OF IN T O X IC A T IN G LIQUORS B Y EM PLOYEES SUBJECT TO O VER W O RK .
MinAgri­ Manu­ ing
Trans­
cul­
fac­
and Trade. porta­ Total.
ture. tures. quar­
tion.
rying.
Establishments having employees subject to overwork:
Reporting such employees more addicted to use of
intoxicating liquors than others....................................
Reporting such employees not more addicted to use
of intoxicating liquors than others..............................
Not reporting as to use of intoxicating liquors by
such employees................ ..................................T_ ..........

16

51

14

7

11

99

53

200

52

32

90

436

8

8

3

4

23

T o ta l..................................................................................

77

259

69

39

114

558

Establishments having no employees subject to overwork.
Establishments not reporting whether employees are sub­
ject to overwork.........................................................................

720

3,454

1,103

490

612

6,379

26

31

16

12

3

88




545

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

This statement shows that of 558 establishments having employees
subject to overwork 99 reported that such employees were more
addicted to the use of intoxicating liquors than others, 430 that such
employees were not more addicted than others, while 23 failed to
answer this inquiry.
The leading occupations of employees reported subject to overwork,
who. are also more addicted to the use of intoxicating liquors than
other employees, are—
In agriculture: Stockmen, slieep shearers, cotton ginncrs, firemen, laborers, har­
vest hands, and tobacco curers.
In manufactures: Teamsters, loggers, puddlers, molders, engineers, machinists,
carpenters, and blacksmiths.
In mining and quarrying: Miners, quarrymen, teamsters, and laborers.
In trade: Bookkeepers, clerks, drivers, and coal shovelers.
In transportation: Trainmen, sectionmen, flagmen, switchmen, drivers, sailors,
and stevedores.

The drinking habits of employees subject to exposure to severe
weather are shown in the following statement:
USE OF IN T O X IC A T IN G LIQUORS B Y EM PLOYEES SUBJECT TO EXPOSURE TO
SEVERE W E A T H E R .

j Agri- IManu- ! Min1 in$
I cul- | fac- and
1 ture. tures. quar­
|
;rying.
!i
j1
Establishments having employees subject to exposure to
!
severe weather:
j!
j
Reporting such employees more addicted to use of
05 j
intoxicating liquors than others....................................
151
51
!
Reporting such employees not more addicted to use of
191 |
540
373
intoxicating liquors than others....................................
Not reporting as to use of intoxicating liquors by
such employees....................................................................
T o ta l..............................................................................
Establishments having no employees subject to exposure
to severe weather.......................................................................
Establishments not reporting whether employees are sub­
ject to exposure to severe weather.......................................

!

Trans­
Trade. porta­ Total.
tion.

i
43

68

381

100 I

415

1,019

1 6 !

18

21

G

20

272 |

709

448

149 j!

503

2, 081

3,006

732

388

222

4, 880

29

8

4

4

64

532
19

I

Out of 2,081 establishments having employees subject to exposure to
severe weather, 381 reported that such employees were more addicted
to the use of intoxicating liquors than others, 1,619 that such employees
were not more addicted than others, and SI failed to make report in
regard to their experience on this point.
The leading occupations of employees reported subject to exposure
to severe weather, who are also more addicted to the use of intoxicating
liquors than other employees, are—
In agriculture: Field hands, teamsters, and stockmen.
In manufactures: Teamsters, loggers, clay diggers, coal handlers, iron handlers,
lumber handlers, and yardmen.
In mining and quarrying: Quarrymen, teamsters, coal handlers, coke handlers,
and laborers.
In trade: Drivers, collectors, fiorters, and laborers.
In transportation: Trainmen, sectionmen, bridgemen, motormcn, conductors,
drivers, sailors, and stevedores.




546

BULLETIN OF THE DEPARTMENT OF LABOR.

The use of intoxicating liquors by employees employed irregularly,
by seasons, by day and night alternately, or in any other irregular
way, is brought out in the following statement:
USE OF IN T O X IC A T IN G LIQUORS B Y EM PLO YEES EM PLO YED IR R E G U L A R L Y .
Min­
Agri­ Manu­ ing
Trans
fac­
and Trade. porta- Total.
cul­
tion.
ture. tures. quar­
rying.
Establishments having employees employed irregularly
(by seasons, by day and night alternately, or in any
other irregular w ay):
Reporting sueh employees more addicted to use of
intoxicating liquors than others....................................
Reporting such employees not more addicted to use
of intoxicating liquors than others..............................
Not reporting as to us© of intoxicating liquors by
such employees....................................................................
T o ta l..............................................................................
Establishments having no employees employed irregu­
larly............................................................................................
Establishments not reporting whether employees are em­
ployed irregularly.................................................................

108

176

68

14

25

391

178

539

240

33

224

1,214

55

179

53

4

22

313

341

894

361

51

271

1,918

438

2,764

790

478

449

4,919

44

86

37

12

9

188

Employees subject to irregularity of work were reported more
addicted to the use of intoxicating liquors than others in 391 establish­
ments out of a total of 1,918 establishments reporting. In 1,214
establishments no difference has been noted, and 313 establishments
failed to answer the inquiry covering this point.
The principal occupations of employees reported as employed irregu­
larly—that is, by seasons, by day and night alternately, or in any other
irregular way—who were found to be more addicted to the use of
intoxicating liquors than other employees, are—
In agriculture: Harvest hands, stockmen, cotton pickers, field hands, ditchers,
fruit pickers, sheep shearers, and vegetable packers.
In manufactures: Lumbermen, furnace and rolling mill employees, compositors,
stevedores, lime burners, and painters.
In mining and quarrying: Miners, quarrymen, stonecutters, laborers, and teamsters.
In trade: Laborers, porters, stevedores, and lumber handlers.
In transportation: Trainmen, sectionmen, and laborers.

The use of intoxicating liquors immediately after pay day, as comXiared with other times, may be seen from the following statement:
USE OF IN T O X IC A T IN G LIQUORS B Y EM PLOYEES IM M E D IA T E L Y A F T E R P A Y D A Y .
Min­
A gri­ Manu­ ing
Trans­
fac­
and Trade. porta­ Total.
cul­
ture. tures. quar­
tion.
rying.
Establishments reporting employees more addicted to
use of intoxicating liquors immediately after pay day
than at other times...................................................................
Establishments reporting employees not more addicted
to use of intoxicating liquors immediately after pay
day than at other tim es..........................................................
Establishments not reporting whether employees are
more addicted to use of intoxicating liquors immedi­
ately after pay day than at other times..............................




432

2,243

924

87

211

3,897

283

1,397

208

406

472

2,766

108

104

56

48

46

362

547

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

Of the total establishments 3,897 stated that their employees were
more addicted to the use of intoxicating* liquors immediately after pay
day than at other times, 2,766 stated that they found no increased
indulgence at such times, and 362 failed to answer the inquiry relating
to this matter. In the mining and quarrying industry indulgence after
pay days is strikingly noticeable. In 924 establishments increased use
is reported against 208 reporting no increase.
In connection with the other inquiries an effort was made to ascertain
how many establishments had been troubled with intoxication on the
part of their employees, and what, if any, means had been tried to
lessen it. In all, 3,299 establishments either had not been so troubled
or failed to make any reply to the inquiry, while 3,726 establishments
reported that they had been so troubled. O f this latter number all
but 105 reported as to the means tried to lessen the amount of intoxi­
cation. A great number of methods seem to have been under trial,
but those that have had a number of trials sufficient to demonstrate
their value are comparatively few. The following table shows the num­
ber of establishments in which each means had been tried and the
number in which found effective:
ESTABLISH M EN TS REPORTING TROUBLE FROM IN T O X IC A T IO N AM ONG EM PLOYEES
A N D M E A N S TRIED TO LESSEN IT .
Establishments reporting means.
Means tried.

!

Not
Effective. 1 effective.

112

Discharge.......................................................................................
Change of pay day from Saturday......................................... .
Change of pay day from Saturday and discharge...............

Total

1,562
224

1
1
1
2

179

1
71

25
557

27
807

611

123

2,887

3,621

12

21
5
37
33
4

8
1
2

11

1

I

Total.

1,446
115
132
164
131
80
33
48
12
12
40
23
29
25
15

92
73
11
9

Moral suasion and discharge....................................................
Warning and discharge.............................................................
Change of pay day from Saturday and moral suasion.......
Suspension and discharge........................................................ .
Less frequent payment of w ages............................................
Change of pay day to Saturday................................................
W arn in g............................................................ ... .........................
Suspension.....................................................................................
Moral suasion and example.......................................................
Allowing no liquor on premises or drinking on duty-----Holding back wages...................................................................
Opposing locating saloons near premises, lessening num­
ber, or closing th em .................................................................
A ll (200) other means trie d ........................................... ............

4
17
6

Not re­
porting
results.

8
2
2
1
4
2

211

183
140
94
56
54
53
47
44
32
31
28
28

This statement can hardly be considered satisfactory from a statistical
point of view, since, out of 3,621 establishments reporting the means
tried for lessening intoxication among employees, 2,887 failed to report
whether effective or not. This leaves but 734 establishments reporting
both the means tried and the results, 611 reporting that the means were
found effective, and 123 that they were not effective.
The chief means tried appears to be discharge; reports being received
from 1,562 establishments, only 116, however, reporting as to effective­
ness, 112 stating that it was effective against 4 not. Change of pay




548

BULLETIN OF THE DEPARTMENT OF LABOR.

day from Saturday appears as tlie next leading- means tried, 224 estab­
lishments reporting having tried it, 02 that it was effective, and 17 not
effective.
These two means may be considered the chief ones, as they lead not
only singly but also reappear as important in combination with other
means. The second means—change of pay day from Saturday—should
be considered in connection with one other reported not so frequently—
change of pay day to Saturday. This latter means must be considered,
according to the results shown in the table, quite as successful as the
former, being effective in 33 cases and not effective in 2. It may be
said, however, that the apparent contradiction does not in any respect
lessen the value o f the table. It rather calls attention to the way in
which the facts for the table were obtained and what they mean. The
statement in any instance that an establishment had changed its pay
day from Saturday to some other day and had found as a result a lessen­
ing of intoxication among the employees is merely a statement of
conditions in that particular establishment and of the results of a
change, according to the judgment o f the proprietor or manager making
the report. It is entirely possible that Saturday might be the best pay
day in one establishment, but in another not, or that the mere change
of pay day might have effect. And of course judgment might err,
though the chances for that are equally good in both cases. It appears,
then, as has been seen in a former table, that in a great majority of
establishments employees are more addicted to the use of liquors
immediately after pay day than at other times, but that experience
differs as to whether Saturday is the best pay day or not. In connec­
tion with the change of pay day to Saturday attention should be called
tc the fact that in some cases the statement was made that the change
to Saturday was made in order to allow drinking employees to recover
during Sunday from the effects of pay-day indulgence.
The table quite clearly indicates the judgment of employers as to the
success or failure of the other means tried. A ll the chief means are
specified in detail, the various miscellaneous ones, 200 in all, being
grouped.
Special mention should be made of one of the reports received, by
reason o f an interesting supplementary statement appended to it. It
is that of a firm doing an extensive coal-handling business in two large
western cities. The firm has 240 employees, pays by check on Tues­
days, and makes the statement following, covering a period of two
months, in regard to the cashing of pay-cheeks by employees.




549

ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.
PEE

CENT

OF

EM PLOYEES CASH IN G PAY-CH E CK S A T GROCERIES,
SA Y IN G S B AN K S, ETC., B Y N A T IO N A L IT IE S .

SALOONS,

CHICAGO.

Per cent cashing pay-checks at—
Nationalities.
Gr°etorieS’ | Saloons.
Hungarians and Po)fia______ ____________ . . . . . . . . . . . . . . .
Germans.................................................................. .................
English and Americans ........................................................
fiw
anrl "N"orwe(rian
a *••••••
. ________
_ __________________
OWArlAQ
vUvo uUU
ii vi itv^lOiilo
••••••
•••••• ..........•••••«
Scotch and Irish
r___ r_______________________. . . . .
Total

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

23
30
30
91
26

j
;
;
|
j

34 !

Savings
hanks.

Total.

77
70
61
9
74

9

100
100
100
100
100

64

2

100

MILWAUKEE.

Hungarians and Poles..
Germans.......................... .
English and Americans
Scotch and Irish.............
Total

36
65
C5
43

ioo ;

61 !
35 i
35 I

57 I

100
100
100

100
100

Of tlie employees represented in this table, 3 per cent of the Ger­
mans, 47 per cent of the English and Americans, and 20 per cent of the
Scotch and Irish are superintendents, clerks, etc. The balance are all
laborers engaged in handling coal.
The concluding inquiry of the schedule was in some respects kindred
to the foregoing. Its form is as follows: “ What means, in your view,
better than now employed, can be taken by employers, communities,
organizations, municipalities, or States to lessen the consumption of
intoxicating liquor among the people?” As would naturally be sup­
posed, the replies received were in great variety. As will be observed
from a comparison with the table showing means tried to lessen intoxi­
cation, the answers here probably represent to some extent opinions
formed from the personal trials of the means there specified.




550

BULLETIN OF THE DEPARTMENT OF LABOR,

The following table presents, in detail, the answers to the preceding
inquiry according to the industries followed by the establishments
reporting:
ESTABLISH M EN TS SUGGESTING M E A N S TO LESSEN TH E CONSUM PTION OF IN T O X IC A T IN G LIQUORS A M O N G TH E PEOPLE.
Establishments suggesting means.
Means suggested.

Prohibition - - - - - - - __ . . . _________. . . . . . . . . . . . . . . . . . .
r >0 not employ drinking m en __________ ______. . . . . .
High license.............................. ..................................
pVlnpq.tio n ____ ____________ . . . . . . . . . . . . . . . . . . . . . . . . .
Abolish saloons____________________________. . . . . ___
moral and religious________________ . . . .
Improve social conditions .............
Government eontrol_________ ______. . . . . . . . . . ______
Enforce existing la w s ..........
Limit number of saloons.. . . . . . . . . . . . . . . . . . . . . . . . . . .
Remove all restrictions.. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Encourage USo of light wines and beer______ ______
High license, and do not employ drinking m e n ........
Local option............................................................ ..
"High revenue tax________________ . . . _________ ______
Prohibit, treating _______ _____________________
Example of employers______________________________
Close saloons Sundays and early week days..............
Make drunkenness a punishable misdemeanor........
A ll (177) other means suggested....................................
T o ta l...........................................................................

Mining
Manu­
Trans­
and
Trade. porta­
fac­
quarry­
tures.
tion.
ing.

Agri­
cul­
ture.

10
13
10
5
2
6
3
2
8
97

71
143
36
23
9
11
17
3
1
5
4
4
10
1
5
5
11
2
1
123

1 103
769
445
180
159
136
125
120
114
85
75
72
63
63
57
56
54
53
53
1,132

340

485

4,914

481
407
269
102
90
81
53
60
72
75
28
41
28
31
25
28
27
38
27
578

295
106
69
27
21
13
33
15
21
4
16
3
7
12
13
14
11
6
12
188

49
49
30
19
2
18
4
9
4

653 ; 2,550

886

207
64
41
9
28
13
18
33
16
1
17
11
8
14
12
3
2
5 !
5 i
146 1

i

Total.

The means suggested represent in each case individual opinion, and
must be given weight accordingly. For example, the proprietors or
mauagers of 1,103 establishments suggested prohibition as, in their
opinion, the means best suited to lessening the consumption of intoxi­
cating liquors ; 769 considered that the refusal to employ drinking men
would accomplish most; 415 thought high license the best method; 180
would suggest education; and so on through the list, 1,132 suggesting
a great variety—177 in number—of miscellaneous means. It should
be said that these suggestions are in reply to schedules sent without
preference to all parts of the country. The table includes all the replies
received.
The replies received from liquor dealers in answer to the inquiries
will have a peculiar interest. Schedules were filled by 32 liquor
dealers, representing an aggregate of 525 employees. Twenty-seven of
these report that when employing new men they take into considera­
tion the question of whether or not the applicant is addicted to the use
of intoxicating liquors, although quite a number take care to specify
that it is not the use but the abuse of liquor that is objected to.
Twenty-eight of the 32 report that they are not troubled with intoxi­
cation among employees, and have had, therefore, no occasion to try
remedies. Three, while not reporting that they arc troubled, give as
their remedy for intoxication, “ discharge,” while one reports liis remedy
to be “ example and influence.”




ECONOMIC ASPECTS OF THE LIQUOR PROBLEM.

551

But by far tlie most interesting feature of these schedules is to be
found in their answers to the inquiry, “ Wliat means, in your view,
better than now employed, can be taken by employers, communities,
organizations, municipalities, or States to lessen the consumption of
intoxicating liquor among the people f ’ O f course, in the nature of the
case, where any mention is made of prohibition, it is to say “ Bepeal
prohibitory laws,” “ Prohibition of no avail,” or “ It only increases the
desire for liquor,” etc. Also, in regard to taxation (with one excep­
tion), lower license and more liberal excise laws are favored. Better
education and severe punishment of drunkenness are also frequent
suggestions.
Some of the replies to this inquiry are, however, worth giving in full:
“ From about thirty years’ observation I am convinced that the bad
habit of 4treating 7 is the cause of more drunkenness than any other
one thing.”
“ Prohibition increases the desire for whisky, wine, and beer. The
abolition o f the 4treating’ habit of our people would decrease consump­
tion, increase sobriety, and solve the liquor problem.”
“ W e believe that the brewers’ methods to establish as many saloons
as possible by favoring low license, etc., and the 6treating’ habit are
the two worst enemies of moderation and true temperance.”
“ The arrest and fining or imprisonment of the offender—if intoxi­
cated. The repeal of *prohibitory laws.’ They never have nor can
prohibit.’ Education, which is the precursor of refinement. The offend­
er’s punishment should be on an increasing scale for continued offenses.
It is he only who offends, and he should be dealt with—not the dealer,
but the offender. In other words, offenders should be dealt with for this
offense as with others, with increasing punishment for each offense.”
“ By having only pure liquors sold. The National or State govern­
ments should have liquors examined, and those not up to standard
destroyed, as in the case of meat, milk, etc. The National Government
should forbid the manufacture o f continuous distillation (or quick-aging
goods, as they are sometimes called.) They are ruinous to health. It
should also set a period after which no spirituous liquors could be sold
less than five years old.”
“ Use, free and open, of wine, beer, and spirits, whence moderation
and absence of abuse, which alone is injurious.”




BROTHERHOOD B E L IE F A N D INSU BANCE OF B A IL W A Y
EMPLOYEES.
B Y EM O RY R . JOHNSON. PH . B .

The railway employees in tlie United States number more than
S00,000. Not less than one-twentieth o f the entire population of our
country is supported by the wages and salaries paid by the railway
companies. The standards of living which prevail with such a large
class of the social body, the ideals which they cherish concerning their
intellectual and material needs, and the organizations and institutions
which they are building up to assist in realizing those ideals are mat­
ters of much moment to society. Not only the students of the labor
X>roblem and the sociologists, but every person who is interested in the
progress of the industrial classes to a position of greater economic sta­
bility, will perforce give attention to the efforts which the railway
employees in the United States are putting forth for their own and
their families’ betterment.
The intellectual and industrial status of the railway employees is of
much social consequence, not only because of their large numbers, but
also, and quite as much, because of the intimate relation which the
services they perform bear to the convenience and safety of the public.
Every person uses the railroads directly or indirectly, and is neces­
sarily affected by the character of the service performed by the
employees. Whatever makes railway employees a more efficient class
of workmen and inspires them with a greater pride in their work, and
whatever enables them to provide more surely for the material well­
being o f themselves and those dependent upon them, is of general
public benefit. The railway employees in the United States are striv­
ing, by means o f their associations and brotherhoods and by means of
the relief and insurance departments connected with those organiza­
tions, to improve themselves as men and as laborers, and their endeav­
ors have met with a large measure of success. The associations of
railway employees rank among the most successful labor organizations,
and the influence which they have exerted upon their members has
made our railway staff better men and more capable public servants.
Most o f the associations of railway employees maintain organizations
to provide their members with relief and insurance, and the plans which
these beneficial institutions have adopted for the accomplishment of
their purposes constitute an interesting and instructive study in insur­
ance. An investigation of what the organizations have accomplished
should have value for the student of insurance and be of assistance to
those who may be desirous of establishing other relief and insurance
organizations.
552




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

553

The Bulletin of the Department of Labor for January, 1897, pub­
lished an account of the departments which six of the large railway
corporations in the United States have established in connection with
their service to enable their employees to secure life insurance and
relief in case o f accident or sickness. These railway relief depart­
ments were established by the corporations and are largely controlled
by them. In order to complete the study of the agencies for the relief
and insurance of railway employees, it remains to consider the benefi­
cial organizations which the employees have established and developed
in large part without the cooperation or approval of their employers.
CLASSIFICATION OF RELIEF AND INSURANCE
ORGANIZATIONS.
The railway employee has the choice of several organizations from
which relief and insurance may be secured. There are, first of all, the
well-known stock companies which issue life and accident insurance poli­
cies. Many railway corporation s urge their employees to carry policies in
such companies, and in some cases the railway corporations collect the
premiums on these policies by deducting the payments from the wages
o f the employees and paying the amounts thus collected to the insur­
ance companies. One company, the Ann Arbor Railroad, requires all
employees in the train service to carry such policies “ in a regular
specified insurance company.’* The Cincinnati, New Orleans and Texas
Pacific Railway has gone further in this matter than any other corpo­
ration. For some years past it has encouraged various accident and life
insurance companies to do business on its roads, assisted them in secur­
ing as many policies as possible, and collected the premiums without
charge. But on Julj’ 12, 1897, a further step was taken when the
receiver of the road announced that he had arranged with the Railway
Officials and Employees’ Accident Association of Indianapolis to “ issue
policies of insurance upon the conductors, engineers, firemen, brakemen, bridge carpenters, signalmen, yardmen, and foremen in his employ
at the regular rates,” and that the railway company would, until further
notice, provide 45 per cent o f the premiums named in the policies. It is
not made compulsory upon the employees to insure; but if they choose
to insure they are required to pay only 55 per cent of regular premiums.
The occupations in the railroad service are classified and the premiums
vary with the degree of hazardousness of each class of labor.
Another general class of relief and insurance organizations comprises
the two kinds of railway employees’ associations that the railway com­
panies organize and largely manage. In each of these two kinds of
associations the membership is limited to the employees of one company
or system, and is sometimes voluntary and in some instances compul­
sory. One o f the two types of association includes the organizations
for tine maintenance of “ hospital funds.” Numerous companies, par­
ticularly the transcontinental or Pacific lines, require their employees
6368—No. 17----- 4



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BULLETIN OF THE DEPARTMENT OF LABOR.

to pay 25 or 50 cents a month toward defraying tlie expenses of main­
taining hospitals, the payments being deducted from the monthly
wages. The employees of these companies are entitled to free medical
treatment at home or in the companies’ hospitals. In some instances
the company also pays a small death allowance to cover the burial
expenses of a deceased employee. The Northern Pacific Beneficial
Association is a good example of this type of organization.
Another association of a type very similar to the one just mentioned
is represented by the relief organization connected with the Lehigh
Yailey Railroad. The expenses of managing this association are borne
by the company, and the “ contributions” to the funds from which bene­
fits are paid are made half by the company and half by the employees
who choose to join. The contribution which the employee may make
to the fund upon any one assessment is “ the amount of one day’s wages
or less, but in no case is the amount subscribed to the fund to exceed
$3.” Representatives of the contributing employees share with the
company in the management of the fund. Participation in the fund is
voluntary; those who contribute have a claim for relief in case of an
injury received while in discharge of duty. The relief amounts to
“ three-fourths as much per day as that contributed by him to the fund
for every working day during his total disability to work, but not
longer than for the period of nine months.” I f death results from such
an injury, a moderate sum is paid to a designated beneficiary. This
death benefit comprises an immediate payment o f $50 and a monthly
payment for two years of “ an allowance for every working day at a
daily rate of three-fourths the amount o f” the deceased employee’s con­
tribution. It has not been found necessary to compel the employees
to contribute to the fund. After several years of successful manage­
ment there were, in July, 1897,6,199 employees contributing to the fund.
The other kind of relief association belonging to this second class—
those organized by the railroad companies—is the railway relief depart­
ment. As noted above, there have been six such departments or asso­
ciations organized, and their member ship includes about 125,000 men.
In three of the departments membership is voluntary and in three com­
pulsory, (a) Sick, accident, and death benefits are paid by all depart­
ments, and one pays pensions to superannuated employees. The
expense o f maintaining the department is borne mainly by the mem­
bers, but the railway corporations with which the departments are
connected bear from one-sixth to one-fifth of the financial burdens.
These relief departments were described in detail in the author’s
report, published in the Bulletin of the Department of Labor, January,
1897. (b)
a Section 10 o f the mediation and arbitration act, approved June 1,1898, makes
it illegal for railway companies to compel employees to join a relief department.
b Consult also a more lengthy account o f them in the author’s paper on Railway
Departments for the Relief and Insurance o f Employees, Annals of the American




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

555

The third general class of the relief organizations in which the
railroad employee may participate includes the associations, orders,
and brotherhoods organized and managed entirely by the employees.
This general class also comprises two kinds of organizations, one
whose membership is confined to the employees of a single railroad
system, and another kind whose membership is composed of employees
performing one branch of railway labor, as locomotive engineers or
conductors, but is not restricted to the labor staff of one railway sys­
tem. In this last category belong the national and international
orders and brotherhoods of railway employees. The relief and insur­
ance features o f these organizations constitute the main subject of this
article.
The employees’ associations whose membership is confined to the
staff o f a single system o f railroads are usually supported entirely by
their members, although the companies composing the system fre­
quently contribute something. A large number of associations of this
kind exist in the United States. In Massachusetts as many as six
associations o f railroad employees and three composed of street rail­
way men are reported by the State commissioner of insurance. A
short account of the organization and activities of one typical associa­
tion of this class is given in a subsequent section of this article.
The brotherhoods and orders of the national or international type
are the most influential of all organizations of railway employees.
Before entering upon a discussion o f the kind and measure of relief
and insurance which railway employees secure through membership in
these bodies, it will be well to give a brief account of the development
and present standing o f these brotherhoods and orders, and to outline
concisely the general plan of organization which they have worked out.
The ubeneficiary departments wand “ insurance associations” discussed
in this report form a part of that general plan of organization.
ESTABLISHMENT AND GROWTH OE THE BROTHERHOODS.
The national and international brotherhoods whose membership is
composed respectively o f men in special branches o f the service are:
The Grand International Brotherhood of Locomotive Engineers, the
Order of Railway Conductors of America, the Brotherhood of LocoAcademy of Political and Social Science, November, 1895. This paper is also printed
as a separate publication, No. 162, o f the American Academy.
The Metropolitan Street Railway Association of Brooklyn is an organization very
similar to the six railway relief departments. It has been in operation since Janu­
ary, 1897. Membership in it is compulsory for all employees of the Metropolitan
Street Railway. Sick and accident benefits and a moderate death allowance are
secured by the members. Assessments o f 50 cents a month are taken from the
employees' pay rolls. The company makes no contributions to the funds and keeps
the management of the association well within its control. The association is men­
tioned in this connection because it adds another organization to the list of relief
departments, and indicates that the relief department is a growing institution.




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BULLETIN OF THE DEPARTMENT OF LABOR.

motive Firemen, the Brotherhood of Railroad Trainmen, the Brother­
hood o f Railway Trackmen, the Switchmen’s Union of North America,
the Brotherhood o f Railway Carmen, and the Order of Railroad Teleg­
raphers. A Railway Yard Masters’ Association formerly existed, but
was disbanded at its annual meeting held in Chicago in June, 1890.
The recently disbanded American Railway Union, which was for a time
the largest and in some respects the most successful of all associations
o f railway employees, was an organization o f a different type from
those just enumerated and does not properly belong in the list. There
is also another class of national associations of railway employees that
does not come within the purview of this discussion. This class
includes such organizations as the National Association of Railway
Agents, the Road Masters’ Association of America, the American
Society of Railroad Superintendents, and others of a like character
which meet annually for the discussion of technical questions.
The oldest and largest of the brotherhoods above named is the
International Brotherhood of Locomotive Engineers. The grand divi­
sion was founded at Detroit, Mich., August 17, 1863, under the name
o f the “ Brotherhood of the Foot-board.” The society was reorganized
and given, its present title at Indianapolis, Ind., August 17,1864. The
brotherhood had a prosperous growth from the beginning. The ability
and conservatism of its managers and the brotherhood’s large mem­
bership have given the organization great influence. A t the close of
1896 the number of divisions was 535; the present membership is about
32,000. An insurance association was organized by the brotherhood
December 3,1867, membership in which was voluntary until 1894. The
insurance association was incorporated, in accordance with the laws
of the State of Ohio, March 3, 1894. The first grand engineer of the
brotherhood says: “ The incorporation was a necessity, as we were
enjoined from doing any insurance business in the State of New York
until incorporated, and we found that the ruling would hold in every
State in the Union except three, so we made a virtue of the necessity.”
Previous to the incorporation the insurance association had been man­
aged by the officers of the brotherhood, but in order to become incor­
porated it was necessary that the association should be conducted
entirely by its own officers and not as an adjunct of the brotherhood.
The other large brotherhoods do not technically conduct an insurance
business, although their members secure insurance by participation in
the “ benefit” or “ beneficiary” departments that the brotherhoods have
established. Likewise the railway relief departments that the railroad
corporations have established do not carry on an insurance business,
although they pay “ death benefits.” The difference is formal rather
than essential.
The second national association o f railway employees organized was
the Conductors’ Brotherhood, instituted at Mendota, 111., July 6,1868,
by the conductors from various railroads in the United States. The




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

557

brotherhood was reorganized and a general governing board, the grand
division, was established December 15 following. Ten years later, at
the eleventh annual session of the grand division, the name of the
organization was changed from the Conductors* Brotherhood to the
Order of Bailway Conductors of America.
A t one time a serious split in the ranks of the Order of Bailway
Conductors was threatened as the result of the position taken on the
question of strikes. For thirteen years, 1877-1890, the order prohibited
its members from participating in a strike. Many members opposed
this policy, and in 1888 the Brotherhood of Bailway Conductors was
started at Los Angeles, Cal., by those who believed in a “ protective
policy.** In 1890 the order abandoned its “ nonprotective policy,** and
a year later the Brotherhood of Bailway Conductors was disbanded by
the admission of its members into the order.
The Order of Bailway Conductors is a vigorous, conservative, and
well-managed organization, with nearly 400 local divisions and about
22,000 members. Its membership fell off only slightly with the con­
traction of the labor staff of the railways which took place during the
financial depression that began in 1893, and the labor troubles of 1894
affected the order much less than they did most of the other brother­
hoods. The enrollment of members in its benefit department has
shown steady gains during the past five years. Up to July 1, 1891,
participation in the mutual benefit department was voluntary, but
since that date every new member having the requisite qualifications
as regards age and physical condition is obliged to join that depart­
ment. From what follows in this and succeeding sections it will
appear that the Order of Bail way Conductors has exercised a strong
influence over some of the other brotherhoods.
The Brotherhood of Locomotive Firemen was organized at Port
Jervis, K. Y., December 1, 1873. The association grew but slowly
during the first ten years of its existence. Previous to the establish­
ment of the Brotherhood of Locomotive Firemen there had been
organized the International Firemen*s Union, an association without a
relief or insurance feature, that had been instituted for strictly u pro­
tective** purposes; that is, to protect the rights of its members against
the encroachments of their employers. For five years the brotherhood
and the union were rivals. During this same period also the great
strike of 1877 occurred, and threw many firemen out of employment
and increased the vigorous opposition of the railroad companies to the
brotherhood. In 1878 the International Firemen*s Union was absorbed
by the brotherhood. Two years later Eugene Y. Debs, at that time a
vigorous opponent of strikes and an advocate of arbitration, became
the managing spirit of the brotherhood, and his organizing ability
helped to inaugurate prosperous times for the association. The organi­
zation of the Knights of Labor in 1885 and the Chicago, Burlington
and Quincy strike of 1888 affected the brotherhood somewhat, but




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BULLETIN OF THE DEPARTMENT OF LABOR.

the check was only teinx>orary. A t the close o f the fiscal year ending
July 31,1893, the membership was 28,081 and the number of lodges
506. The organization of the American Railway Union by Mr. Debs
in 1893 gave the Firemen’s Brotherhood a severe setback. The mem­
bership fell to 21,408 and the lodges to 484 in 1895. Since then, how­
ever, the growth has been so rapid that all the defunct lodges have
been reestablished. On July 1,1897, the membership numbered 24,251.
An insurance association was established by the brotherhood at its
first convention in 1874. During the first four years participation in
the insurance association was voluntary; since then, however, it has
been obligatory upon all eligible members.
The establishment of the organization now known as the Brother­
hood of Bailroad Trainmen took place at Oneonta, S ’. Y., September
2 3 ,18S3. It was called the Brotherhood o f Railroad Brakemen until
January 1,1890, “ when, because many of its members had been pro­
moted to the xiosition of conductor and many had accepted various
other x>ositions in the train service, the more fitting name of Brother­
hood of Railroad Trainmen was adox>ted. Its membership) is made up
principally of conductors, brakemen, train baggage men, train flagmen,
yard masters, yard foremen, and switchmen.” (a) The growth o f the
brotherhood was rapid until 1893, when the membership fell from
28,540 to 22,359 during ayear. The membership July 1,1898, was 28,850,
and the number of its lodges was 556, a greater number than at any
previous time. The brotherhood maintains a beneficiary fund and
requires all eligible members to insure.
The Brotherhood of Railway Trackmen is one of the younger and
smaller organizations. The first effort to found the brotherhood was
made in the spring of 1887, but the organization then instituted did
not succeed. A y e a r later the brotherhood was reestablished; this
time to survive, but to grow slowly because of the apathy o f the track­
men. The grand chief o f the brotherhood gives the following facts
concerning the organization:
The Brotherhood of Railway Trackmen is composed o f the members
o f two trackmen’s associations. The Order of Railway Trackmen, with
headquarters at Birmingham, Ala., was an association of trackmen
composed of official trackmen only, such as road masters, bridge, and
section foremen. In 1891 the membership was about 600. The organi­
zation known as the Brotherhood of Railway Section Foremen had
been organized at Council Bluffs, Iowa. Its membership was about
400. In October, 1891, a committee composed o f 12 members, 6 from
each organization, met in the city of St. Louis, Mo., authorized to con­
solidate the two orders and to elect officers* to manage the affairs of
the amalgamated order. Arrangements were made for the two orders
to become one January 1,1892. Insurance certificates for $1,000 were
issued to all members.
The Brotherhood o f Railway Trackmen has but recently recovered
from the check it received when the American Railway Union was
a Sixtli Annual Report of the Interstate Commerce Commission, p. 329.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

559

formed. The membership at the close of 1897 was between 1,300 and
1,400, and it is increasing. Until January 1, 1807, each member was
required to carry an insurance certificate of $1,000. Since that date
insurance has been voluntary, and two certificates—one for $500 and
one for $1,000—are issued. This change makes it easier for the track­
men whose wages are small to join the brotherhood, and will make it
easier for the organization to increase its membership. The trackmen
are a body o f men whom it is difficult to organize even under favorable
conditions, .and the promoters o f the trackmen’s brotherhood have had
unusual difficulties to contend with during the last five years. The
brotherhood ought to develop into one of the largest. The trackmen
constitute a large body of laborers, and one whose education and
material well-being can be greatly promoted by a comprehensive and
well-managed organization.
The Brotherhood of Bailway Carmen of America was founded Sep­
tember 9, 1890, by the consolidation o f the four following organiza­
tions : The Carmen’s Mutual Aid Association, instituted at Minneapolis,
Minn., November 23,1888; the Brotherhood of Eailway Car Bepairers,
instituted at Cedar Bapids, Iowa, October 27,1888; the Car Inspectors,
Bepairers, and Oilers’ Protective Association, instituted at Indianapo­
lis, Ind., 1890, and the Brotherhood of Bailway Carmen of Canada,insti­
tuted at Toronto, Canada, January, 1890.(a) During the first three
years of its existence the organization flourished. The membership was
4,200 in 1893, but the American Bailway Union and the Chicago strike
instituted by that association “ almost disrupted the brotherhood.’'
The membership June 30,1897, was about 1,300, and it is now increasing.
A t the time of its establishment the brotherhood organized a mutual
aid association, membership in which was made voluntary. The present
membership o f the aid association is very small. On June 30, 1897,
there were but 90 members.
The Switchmen’s Union of North America is the outgrowth of the
now defunct Switchmen’s Mutual Aid Association, the reorganization
having taken place during the year 1897. A t one time the Mutual
Aid Association was a large and influential organization. In 1892 it
reported that there were 158 subordinate lodges of the organization in
35 States and Territories, and 2 in Canada. The membership was said
to be about 10,000. The lodges paid benefits to members in case of acci­
dent, and the association, in accordance with a regulation adopted in
March, 1886, paid a death and total disability benefit of $900. The
task of organizing the switchmen was a difficult one, and the leaders
seem to have been lacking in conservatism and honor. The Mutual
Aid Association was “ dissolved through disintegration and a defalca­
tion on the part o f their secretary and treasurer.” The disintegration
was doubtless mainly due to the formation of the American Bailway
a Constitution of the Brotherhood of Railway Carmen.




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BULLETIN OF THE DEPARTMENT OF LABOR.

Union. However, those most interested in the successful organization
of the switchmen did not give up because of the disruption of the
association. The Switchmen’s Union was established, and its secre­
tary reported in September, 1897, that the new organization then had
19 lodges and 500 members. Thus far the union has made no pro­
vision for the payment of life or disability insurance, but the local
lodges pay weekly benefits varying from $3 to%
$7.
The Order of Railroad Telegraphers was founded in June, 1886, at
Cedar Rapids, Iowa. The order is composed of men closely allied to
the railway service, many telegraphers combining the work of operator
with that of assistant station agent. Thus some telegraphers are rail­
way employees and some are not. During its first five years the order
was a fraternal organization, devoted mainly to the social and educa­
tional interests of its members, but in 1891 the “ protective feature”
was added. The isolation of the individual telegraphers has made their
organization a difficult matter, but has not prevented success. There
are at present about 120 divisions. The grand secretary is unable to
give the membership. He estimates it to be “ not over 20,000.” It is
probably somewhat less. A t the last biennial convention, held May
17-26,1897, the subject of insurance was discussed at length, and it
was decided to submit a proposition to establish an insurance depart­
ment to the lodges for approval or disapproval. The plan o f insurance
was prepared and published in the November, 1897, issue of the
Railroad Telegrapher. The lodges voted on the proposition during
November and December, the result of the vote being in favor of the
proposition. The mutual benefit department went into operation
January 1,1898.
The now defunct American Railway Union has been referred to sev­
eral times. It was instituted through the efforts of Mr. Eugene V.
Debs, June 20,1893. The union did not organize a benefit department,
although one o f its six declared purposes was “ to have a life (insur­
ance) as well as a disability department, both to be optional with the
membership.”^ ) The American Railway Union was an organization
o fa type very different from the brotherhoods. It attempted to unite
all classes o f railroad employees for the purpose of asserting and main­
taining the rights of labor by more radical and aggressive measures than
those which the brotherhoods had adopted. The leader of the union
has become a socialist and has changed the organization into the Social
Democracy o f America. This substitution was made at Chicago in
June, 1897. According to its national secretary, the Social Democracy
is “ an organization whose ultimate purposes are the inauguration of a
cooperative commonwealth ; but as a means of immediate relief some
political demands are included in the declaration of principles. It is
proposed to secure land in some Western State and establish coopera­
tive colonies, where we expect to equip at least a few of the multiplied
a Constitution




of the American Railway Union.

RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

561

thousands who are now without any visible means of support, and place
them in a position where they can support and maintain themselves.”
Each of the existing brotherhoods includes in its scheme of'organiza­
tion a benefit department under that name or some other. A ll of these
brotherhoods having benefit departments have a more or less system­
atic plan for affording accident and sick relief, and each of them, except­
ing the Switchmen’s Union, enables its members to secure life and
disability insurance. We shall be able to appreciate these insurance and
relief departments better if we pause to consider in outline the general
plan of brotherhood organization within which the benefit department
is included.
GENERAL PLAN OE ORGANIZATION OE THE BROTHER­
HOODS.
Like the other laboring men’s associations of the better class, the
objects of the brotherhoods of railway employees are partly social and
educational, but the main purposes which they seek to accomplish are
the betterment o f the industrial status of their members and the pro­
motion of their economic interests as employees. The Brotherhood of
Locomotive Engineers declares that “ its purpose shall be to more
effectually combine the interests of locomotive engineers, to elevate
their standing as such, and their character as men.” The organization
which the brotherhoods have instituted to enable them to accomplish
these aims consists of local subordinate lodges or divisions and a cen­
tral governing body of officers called the grand lodge or grand divi­
sion. Conventions, now biennial, but formerly annual, composed of
delegates from all the divisions, choose the grand officers, frame the
constitutions, statutes, and by-laws, and determine all matters of
general policy.
The brotherhoods concern themselves with wage schedules, hours of
labor, gradations and promotions, stipulations of the contracts which
employees are required to sign, and the other similar questions with
which labor organizations deal. In 1896 the Brotherhood of Locomo
tive Engineers had contracts with 107 railroad companies, including
nearly all the great trunk lines. “ These contracts embody rates of
pay and rules and regulations governing overtime, treatment of the
employees, and for the prevention of unjust discharge or suspension.”
Each brotherhood has “ committees of adjustment” or “ grievance
committees,” whose function it is to assist in the adjustment of differ­
ences arising between the members and their employers. Each sub­
ordinate division or lodge has such a committee, and for each line or
system of railroad along which a brotherhood has several lodges or
divisions, there is usually a general grievance committee composed of
the chairmen of the local committees.(a) Any member may bring
a The constitutional provisions of the brotherhoods o f Railway Carmen and Rail­
way Trackmen concerning grievance committees differ somewhat from the provisions




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BULLETIN OF THE DEPARTMENT OF LABOR,

before his division or lodge any grievance which he may have as an
employee, and the same will be considered by that body. I f the griev­
ance is considered to be of sufficient importance to be taken up, the
standing committee on adjustment of grievances is instructed to try to
adjust the matter with the proper representative of the employer. I f
the local committee is not successful, the question is referred to the
general committee. From this committee the case maybe taken to the
grand chief officer. As a last resort a strike may be ordered.
Some brotherhoods are more radical than others, but as a whole the
brotherhoods are more conservative regarding strikes than most other
labor organizations have been. During the early history o f the brother­
hoods the sentiment against strikes was general and strong, and strikes
were rigidly prohibited; but as the labor problem ,grew more compli­
cated in this country the brotherhoods changed their policy regarding
strikes. The brotherhoods of conductors, firemen, and trainmen each
maintain a special “ protective fund” of $ 100,000, from which fund,
augmented by special temporary assessments, the members who may
be ordered to strike receive stipulated monthly payments that begin
with the third week of the strike.
The constitution of each of the larger railway employees’ organiza­
tions provides for the appointment of a legislative board for each State
and Territory “ to take charge of all matters coming before the legisla­
ture wherein the interests” of the brotherhoods are involved. The
constitution of the brotherhoods of trainmen and firemen make it the
duty of their legislative boards “ to use their influence by cooperating
with the representatives of other labor or industrial organizations, or
otherwise, to secure the enactment of such laws and the repeal or
modification of such others as in their judgment will best promote
the interests of their constituents.”
Such, in general, are the purposes of the brotherhoods, and such is
the organization by which the brotherhoods seek to conserve and pro­
mote the interests of their members as employees. The other promi­
nent feature of their scheme of organization is the benefit department
or insurance association maintained and carried on by the brotherhoods
in more or less close coordination with the management of the organi­
zation as a whole. The salient features of these departments require
a description that is sufficient to insure an accurate presentation of the
plan o f relief and insurance now in force with the brotherhoods.
o f the other brotherhoods. The carmen have two grievance committees; one is
the local committee connected with the lodge; the other, “ the general grievance com­
mittee,^ is composed o f the executive board o f the grand lodge and the grand chief
and the grand secretary. The constitution o f the trackmen makes no provision for
the appointment o f a standing grievance committee by each subordinate division;
there is a grievance committee for each system o f railroad and a u supreme griev­
ance committee,” consisting of the salaried officers of the grand division.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

563

PLAN OP ORGANIZATION OF THE BENEFIT DEPARTMENTS CONNECTED W ITH THE BROTHERHOODS.
Tlio relief and insurance organizations that the brotherhoods and
orders have developed are similar in their more important features.
A description of the benefit department of one large and representa­
tive brotherhood, such as the Order of Railway Conductors, will pre­
sent an outline of the departments connected with all the other broth­
erhoods. After giving this description, attention will be called to the
main points in which the departments connected with the other bodies
differ from that of the Order of Railway Conductors. For the purpose
of convenient comparison, a table containing the chief points in the
organization of each of the departments is given at the close of this
section.
The Mutual Benefit Department of the Order of Railway Conductors
is u under the control and government of the grand division of the
order,” and is managed by an insurance committee of three persons
and by two officers, a president and a secretary. The committee is
elected by the grand division of the order; the president and secretary
are, respectively, the grand chief conductor and the grand secretary of
the order. Membership in the department was voluntary on the part
o f members of the order previous to July 1,1891, but since then every
person joining the order has been obliged to enter the benefit depart­
ment if his physical condition was satisfactory.
The department issues certificates in five series known as series
A, B, C, D, and E, respectively for $1,000, $2,000, $3,000, $4,000, and
$5,000. Those not over 30 years of age when joining are eligible to any
series; those over 30 and not over 38 are eligible to series A , B, C, and
D ; those over 38 and not over 45 are eligible to series A , B, and C;
those over 45 and not over 50 are eligible to series A and B ; those
over 50 and not over 60 are eligible to series A. Members over 60
years of age are not admitted to the benefit department. The fees
for joining are $1 for each $1,000 of insurance taken. A ll fees received
by the department are placed to the credit of the expense account.
The constitution provides that an assessment of $1 per $1,000 of insur­
ance shall be levied on each member on the first day of each of the
following eight months: January, February, April, May, July, August,
October, and November. An assessment of $2 per $1,000 is levied on
the first days o f the other four months if the current losses require
the collection of that amount from the members. u Should the amount
thus provided prove insufficient to pay the approved claims against
the department, the secretary shall, by and with the advice and consent
o f the insurance committee, levy extra or special assessments in such
sums as are directed.” The assessments actually levied on each $1,000
have usually amounted to $14 a year.
The funds collected for the mutual benefit department are kept dis­



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BULLETIN OF THE DEPARTMENT OF LABOR.

tinct from the general funds of the order. The same person, however,
is treasurer of both the grand division of the order and the benefit
department; and the insurance committee, which is the executive head
of the department, is subject to the higher authority o f the grand divi­
sion. The insurance organization is a “ department” of the order and
not an association with a separate management.
The members of the department secure both life and disability insur­
ance. The nature and amount of both kinds of insurance is fully dis­
cussed in subsequent sections of this report. The constitution of the
department provides, in regard to disability insurance, that “ if any
member becomes disabled by the loss of a hand or foot, or by the total
loss of the eyesight, or the total loss of the sense of hearing,” he shall
receive the full amount of his insurance and be relieved from future
assessments. It is also provided that when any member of the benefit
department becomes “ totally and permanently disabled from perform­
ing any labor” from causes other than the above “ the insurance com­
mittee may order his assessments in the benefit department paid from
the expense fund of the department, charging the same against such
member’s certificate, and deducting all such sums from his benefit when
finally paid.”
The Brotherhood of Locomotive Engineers, unlike the conductor’s
order and the other brotherhoods, has separated its insurance depart­
ment from the rest of its organization and placed it under a distinct
management. The Locomotive Engineers’ Mutual Life and Accident
Insurance Association was incorporated under the laws of the State of
Ohio in 1894. The officers of the association are a president, a vicepresident, and a secretary, and nine trustees who are chosen by the
association, not by the brotherhood. “ No grand officer of the Brother­
hood of Locomotive Engineers is eligible to the office of trustee of this
association.” The five highest grand officers of the brotherhood are
ineligible to office in the insurance association, not only because the
constitution of the brotherhood requires them to give all their time to
that organization, but also because the charter of the association would
not permit the same men to be officers of both organizations.
Membership in the insurance department is made compulsory by the
four large brotherhoods that have such departments. The trackmen
and carmen make participation in the insurance organization o f their
brotherhoods voluntary. In the case of the Switchmen’s Union the lifeinsurance feature is wanting, and the only relief is that provided by
the local lodges.
The amounts for which members of the various brotherhoods may
insure differ largely with the several organizations. In general, larger
policies are issued by those brotherhoods whose members receive higher
wages. As noted above, members of the Order of Railway Conductors
may insure for $1,000 and for multiples of that sum up to a maximum
o f $5,000. The Engineers’ Insurance Association insures f o r “ stipu­




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

565

lated amounts from $750 to $4,500 by the issue of policies of $750 and
$1,500 each.” The beneficiary certificates issued by the firemen are of
three amounts—$500, $1,000, and $1,500. The trainmen’s brotherhood
issues certificates for $400, $800, and $1,200, and any member may
44carry either or all three classes.” The trackmen, up to January 1,
1897, provided only $1,000 certificates, but now they also issue one for
$500. The Carmen’s Mutual Aid Association provides for paying the
beneficiary o f the insured the amount of one full assessment of $1 upon
each member, the total amount paid not to exceed $1,000.
The assessments levied by the brotherhoods are determined by various
criteria. The Order of Railway Conductors assesses all of its insured
members a fixed sum per $1,000 of insurance carried, the rate of the
assessment being the same on small policies as on large ones. ' The
amount o f the insurance which a member may carry is determined by
the age at which he joins the order. Thus the members whose insurance
involves the greater risk are allowed to take out only relatively small
policies. The assessments levied by the Locomotive Engineers’ Mutual
Life and Accident Insurance Association are based pro rata on all
policies, and, like the benefit departments of all the other brotherhoods
with the exception of the Order of Railway Conductors, it does not
make the amount of the policy issued depend on the age of the member
joining, but no one more than 50 years of age may join the Engineers’
Insurance Association.
In the Brotherhood of Locomotive Firemen and the Brotherhood of
Railroad Trainmen only those members who join when not over 45
years of age are permitted to participate in the benefit department.
Those members who are eligible to the benefit department are permit
ted to choose, without any limitation as regards age, which of the three
policies they will carry. The assessments, determined solely by the
amount of the insurance certificates, are levied on the first of the
month as often as may be required to meet outstanding claims, and not
on fixed dates, as is the case with the assessments of the benefit depart­
ment of the Order of Railway Conductors. The Brotherhood of Rail­
way Trackmen permits each member to choose which, if either, of the
two policies offered he will take, viz, one for $500 or one for $1,000. It
requires the holders of these policies to pay monthly assessments of 50
cents and $1 respectively, and “ such additional assessments as may be
necessary.” No person is eligible to membership in the benefit depart­
ment of the trackmen who is over 55 years of age. The Carmen’s
Mutual Aid Association requires all members to pay quarterly dues of
15 cents, “ to be applied to defray the expenses of the association,” and
levies an assessment of $1 per member upon notice of the death or
total disability of a member. The age limitation placed upon securing
membership in the association is 60 years.
The relation which the funds collected by the brotherhoods for the
maintenance of their benefit departments bear to the general treasuries




566

BULLETIN OF THE DEPARTMENT OF LABOR.

and tlie general funds of the brotherhoods is a subject of much impor­
tance. In this particular three arrangements exist. The Locomotive
Engineers’ Mutual Life and Accident Insurance Association is a char­
tered organization distinct from the brotherhood. The treasuries of
the two organizations have no connection whatever. On the other hand,
“ the beneficiary funds” of the Brotherhood of Locomotive Firemen and
the receipts from the dues paid by the members to the grand lodge are
combined in one common fund. Section 42 of the constitution stipu­
lates that “ the grand lodge shall establish and maintain a fund for
the payment of all debts, to be known as the general fund. Into this
fund all assessments made to pay beneficiary certificates shall be paid.”
On at least two occasions money taken from the general fund has been
placed to the credit of the beneficiary fund. In 1885 $10,000 and in
1887 $14,457 were so transferred. The “ beneficiary funds” of the
Brotherhood of Bailroad Trainmen are kept separate from the general
funds of the brotherhood, “ and the assessments received in the bene­
ficiary department are used for no other payment of claims. A ll
expenses (of managing the beneficiary department) are paid from the
general fund.” The Conductors’ Mutual Benefit Department keeps its
funds distinct from those of the order, and bears the expenses of carry­
ing on its work. W ith the exception o f the Engineers’ Insurance Asso­
ciation, however, the benefit departments are managed by the same
officers as the brotherhoods are. In such a plan o f organization there
are administrative advantages, but there are also possible financial
dangers involved that might be avoided by fully separating the admin­
istration of the benefit departments from the general management of
the remainder of the brotherhoods’ activities. The conductors, train­
men, carmen, and trackmen have a financial plan that stands midway
between the plans that have been adopted by the engineers and firemen.
O f these three methods of financiering the first and third are j>referable to the second. The best interests of the insurance and relief
organizations demand a financial policy that will permit no confusion
to arise as to the amount of receipts necessary to be collected or
regarding the source from which the funds obtained are drawn. The
compulsory participation in the insurance department on the part of
all eligible members does not render this separate financiering any less
important. Both officers and members of the benefit department
should always know how much it costs to maintain the department,
and the managers should carefully adjust receipts and expenditures.
The Engineers’ Insurance Association, with an organization chartered
under the laws of Ohio and distinct from the brotherhood, is best situ­
ated for the maintenance of sound and conservative financiering.
The table following shows the leading features of the benefit depart­
ments. The Switchmen’s Union is omitted because its relief work is
confined to the benefits paid by its subordinate divisions.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

567

COST OF M EM BER SHIP A N D INSUR ANCE IN THE B EN EF IT D EP A R T M E N T S.

Organization.

Locomotive Engi­
neers’
Mutual
Life and Acci­
dent Insurance
Association.
Order of Railway
Conductors’ M u­
tual Benefit De­
partment.
Brotherhood of Lo­
comotive Fire­
men : Benefici­
ary department.

Amounts for
which certificates
are issued.
Policies of $750
and $1,500 are
issued. A mem­
ber may carry
policies amount­
ing to $4,500.
Policies of $1,000,
$2,000,
$3,000,
$4,000,
and
$5,000.
Policies of $500,
$1,000,
and
$1,500.

Brotherhood
of
Railroad Train­
men : Benefici­
ary department.

Policies of $400,
$800, and $1,200.

Brotherhood
of
Railway Track­
m en : Benefici­
ary department.

Policies of $500
and $1,000.

Brotherhood
of
Railway
Car­
men s
Mutual
Aid Association.

Amount of one
full assessment,
but not to ex­
ceed $1,000.

Organization.

Amount of insur­
ance available
to a member de­
termined by—

Fees for insuring.

"When assessments
are levied.

Choice of mem­
ber; maximum,
$4,500.

Fifty cents for
each policy is­
sued.

A n assessment for
each death or dis­
ability.
Assess­
ments are levied
monthly.

Age of member on
joining; maxi­
mum, $5,000.

One dollar per
$1,000 of insur­
ance.

Monthly.

Choice of mem­
ber; maximum,
$1,500.

None
distinct
from those re­
quired to join
the
brother­
hood.

Choice of mem­
ber. The mem­
ber may “ carry
either of three
classes.”
Choice of mem­
ber; maximum,
$ 1 , 000 .

None
distinct
from those re­
quired to join
the
brother­
hood.
The first month’s
assessment of
$1 or $0.50 is
payable in ad­
vance. No mem­
bership fee.
Membership fee of
$0.50 and an “ as­
sessment of $1
paid upon mak­
ing
applica­
tion.”

Levied by grand
lodge “ as often as
may be required.”
Members
pay
amounts assessed
to their subordi­
nate lodge in quar­
terly dues.
The first day of each
month, if the bene­
ficiary fund re­
quires it.

Only one certifi­
cate issued.

For each death or dis­
ability: 25 cents for
each $750 policy,
and 50 cents for
each $1,500 policy.

T h e division secretaries
collect the assessments
and forward the receipts
to the general secretary
and treasurer.

Order of Railway
Conductors’ M u­
tual Benefit De­
partment.

A dollar per month
per $1,000 of insur­
ance for 8 months;
$2 a month for the
other months if re­
quired.
Assessments of grand
lodge are $0.75, $1.50,
and $2, respectively,
on the three grades
of certificates.

By grand secretary and
treasurer direct from
members.

Brotherhood
of
Railroad Train*
m en: Benefici­
ary department.

Seventy-five
cents,
$1.50, and$2, accord­
ing to the amount
of certificate held.

Brotherhood
of
Railway Track­
men : Benefici­
ary department.

One dollar for $1,000
and $0.50 for $500,
and “ such addi­
tional assessments
as may be neces­
sary.”
One dollar. Dues of
15 cents per quarter
are also collected to
defray the expenses
of the association.

Brotherhood
of
Railway
Gar­
ments
Mutual
Aid Association.

Upon the death or
total disability of
a member.

Amount of each assess­ Manner of collecting assess­ General remarks, initiation
ments.
ment.
fees, etc.

Locomotive Engi­
neers’
Mutual
Life and Acci­
dent Insurance
Association.

Brotherhood of Lo­
comotive Fire­
men : Benefici­
ary department.

Monthly.




Grand lodge levies on sub­
ordinate lodges. Subor­
dinate lodges levy quar­
terly insurance dues of
not less than $4, $3, and
$1.50, respectively, on
holders of the three
grades of certificates.
Grand secretary and treas­
urer levies on the “ finan­
ciers” of subordinate
lodges. Members make
the payments as monthly
dues to the subordinate
lodges.
Monthly assessments are
collected and forwarded
by the division secre­
taries.
By the secretary direct
from members.

No assessments are made
when funds on hand are
sufficient to pay the
claims.
The initiation
fee for joining the broth­
erhood is $10.
A minimum fee of $5 is ex­
acted of every person
upon joining the order.

On joining, the member is
required to prepay first
year’s grand dues of $2 to
the grand lodge and an
initiation fee of $3 to the
subordinate lodge.
The fees for joining the
brotherhood consist of a
“ proposition fe e ”
of
$1 and an initiation fee
of not less than $1.
The fees for initiation into
the brotherhood are $2
for laborers and $3 for
foremen. One dollar of
each fee goes to local
division.
For joining the brother­
hood “ the initiation fee
shall not be less than $1.”

568

BULLETIN OF THE DEPARTMENT OF LABOR.

LADIES’ A U X IL IA R IE S : PLAN OF RELIEF WORK AND
INSURANCE ORGANIZATION.
The ladies’ auxiliaries to the brotherhoods are organizations which
extend and supplement the relief and insurance work of the brother­
hoods. .The auxiliaries, modeled on the general plan of organization
that the brotherhoods have, are the associations which the wives and
sisters o f the railway employees have instituted and built up to enable
them to work for the betterment of their own intellectual and material
condition and to assist the brotherhoods in their work of providing
their members and their families with relief and insurance.
The objects which the Ladies’ Auxiliary to the Order of Railway Con­
ductors was established to accomplish are declared in the constitution
to be:
First. To unite the interests of the wives of the members of the
Order o f Railway Conductors for moral and social improvement.
Second. To secure to its members support and assistance in time of
sickness or distress.
Third. To provide for organizing subordinate divisions, and for the
government, control, or dissolution of the same, all as may be provided
in the laws and rules which may be adopted from time to time.
Fourth. To cooperate with the Order of Railway Conductors in
further extending their interests and membership.
Fifth. Also to cheerfully sustain the cause of temperance, both in
the grand division and subordinate divisions.
Like the brotherhoods, the auxiliaries have a plan of local relief
work and an insurance organization managed by the central governing
authority of the auxiliaries. This report would be incomplete if it did
not include ’an account of the auxiliaries, and give the plan and results
o f their local relief work and their insurance feature.
There are five auxiliaries. The Grand International Auxiliary to the
Brotherhood of Locomotive Engineers is the largest, and was organized
at Chicago October 21, 1887. It had a membership in 1897 of nearly
6,000, and included 233 subdivisions ulocated at all important railroad
centers in every State in the Union.” There are also several in Canada.
An insurance organization, called the Voluntary Relief Association, was
added to the auxiliary March 5,1890. The Ladies’ Auxiliary to the
Order of Railway Conductors dates from February, 1888. It had 105
divisions in June, 1897, and about 2,500 members. It has a voluntary
benevolent insurance association that has been in operation since the
beginning of 1896. The Auxiliary to the Brotherhood of Railroad
Trainmen was organized at Fort Gratiot, Mich., January 23,1889. In
July, 1897, it had a membership of about 2,200 and. comprised 122
divisions. It organized an insurance department in 1892. The Ladies’
Society, Brotherhood of Locomotive Firemen, was instituted at Tucson,
Ariz., April, 1887, although it was not until September, 1890, that it
was formally recognized as an auxiliary by the Brotherhood of Loco­
motive Firemen. The society has a benevolent insurance association,



RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

569

in which membership is voluntary. The last auxiliary to be established
is the one connected with the Order of Railroad Telegraphers, it hav­
ing been recognized by the order in 1897. The auxiliary has no insur­
ance organization as yet, and for that reason is not further considered
in this report.
The ladies eligible to membership in the Auxiliary to the Order of
Railway Conductors are the wives of members of the order and the
widows whose husbands died members of the order in good standing.
The Auxiliary to the Engineers’ Brotherhood has a similar regulation.
The Auxiliary to the Brotherhood of Railroad Trainmen, however, does
not restrict membership so closely. It admits “ the mother, wife, or
widow, sister, married or unmarried, or daughter of one of the mem­
bers of the Brotherhood of Railroad Trainmen in good standing prior
to the time of her application.” The Ladies’ Society to the Brother­
hood of Locomotive Firemen has the same membership qualifications
as the Trainmen’s Auxiliary has.
The relief work of the auxiliaries is carried on mainly by the divi­
sions or lodges. Each local organization has its committee or board
of relief that takes direct charge of this work. Some of the divisions
pay weekly sick benefits and some provide sick members with nurses.
The grand president of the Ladies’ Auxiliary to the Order of Railway
Conductors says, in regard to the scope of the relief work of the divi­
sions: “ W e visit the sick, care for those who are in need, and when­
ever there is a call for assistance in the family of a conductor we do all
we can for them. Our particular work is in the families of our mem­
bers, but we work for the families of order men (in times of need)
whose wives do not belong to our order. W e aim to do our work so no
mention is made of what we do.” The grand secretary of the Auxil­
iary to the Brotherhood of Locomotive Engineers reports that the sub­
divisions aid the needy families of deceased engineers, and says: “ When
engineers are out of employment we do not see them want.” The
auxiliaries have done much to organize and stimulate the charitable
work of the women whose husbands and relatives are in the railway
service.
Some relief work is done by the central organizations of each of the
auxiliaries. A fund is set aside in the grand division of the Auxiliary
to the Engineers’ Brotherhood for the relief of worthy sisters who are
in want, and the grand division has donated several hundred dollars in
the past two years.
The auxiliaries have taken their general plan of insurance from the
brotherhoods, and have made such changes as were necessary in order
to adapt it to their membership. The auxiliaries to the Brotherhood
of Locomotive Engineers, the Order of Railway Conductors, and the
Ladies’ Society, Brotherhood of Locomotive Firemen, make insurance
voluntary; but the Auxiliary to the Brotherhood of Railroad Trainmen
requires all members to insure. Assessments are levied monthly by
6368—No. 17-----5



570

BULLETIN OP THE DEPARTMENT OF LABOR.

tlie conductors’ auxiliary, and, at the death of a member, by the Belief
Association of the Auxiliary to the Brotherhood o f Locomotive Engi­
neers, each member being required to pay 25 cents on each policy held.
The constitution of the Auxiliary to the Brotherhood o f Bailroad
Trainmen requires the levy of “ an assessment on each member not
exceeding 50 cents per death or disability.” The Benevolent Insur­
ance Association of the Ladies’ Society, Brotherhood of Locomotive
Firemen, collects 25 cents from each member when a death occurs.
The benefit paid by the auxiliary of the engineers to members hold­
ing one policy is equal to the net receipts from one assessment of 25
cents on each policy, provided that sum does not exceed $500. The sum
paid at the present time is a little over $300. During the years 1893
and 1894 the Auxiliary to the Brotherhood o f Bailroad Trainmen paid
insurance benefits of $200, but since that time the benefits have been
$350. The Auxiliary to the Order of Bailway Conductors makes an
insurance payment of $200. The Ladies’ Society, Brotherhood of Loco­
motive Firemen, pays the beneficiary the receipts of an assessment of
25 cents per member of the Benevolent Insurance Association.
The statistics of the insurance departments of the ladies’ auxiliaries
are given in a subsequent section devoted to the presentation of sta­
tistical data concerning the insurance organizations of the brother­
hoods and auxiliaries.
AGED AND DISABLED BAILRO AD EMPLOYEES’ HOME.
In one case the relief afforded those who have been railway employees
takes the form of a charity participated in jointly by the brotherhoods,
the auxiliaries, and interested individuals. The Aged and Disabled
Bailroad Employees’ Home, located at Highland Park, on Lake Michi­
gan, 22 miles north o f Chicago, was founded May 28, 1890, to assist
sick, disabled, and dependent railroad employees.
The home is not a large institution, and merits attention more because
of its ideals and methods than because of the number of persons to
whom it renders assistance. During the year 1896,14 persons were
admitted. The number of inmates in July, 1897, was 20. The cash
receipts of the home during the year 1896 were $7,654.97, obtained
mainly from the contributions of the divisions of the brotherhoods and
auxiliaries. The disbursements were $7,208.89, including $1,038 paid
upon the debt previously incurred for the purchase of a lot and build­
ings for the home.
Besides providing the needy with a home and with hospital privi­
leges, the home assists its more capable inmates to acquire a trade
that will enable them to support themselves. In his report for the
year 1896 the secretary says: “ A fireman has learned a trade and is
now in business for himself, doing fairly well. * * * One train­
man, a bright young fellow, lias so mastered the bicycle trade that in a




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

571

sliort time lie will be so situated that be can earn enough to pay his
own way. # * # Another trainman, a young man who came to us
last March (1896) and started in to acquire the dental profession, is
making phenomenal progress.” This educational feature of the home
is highly commendable. The best form of charity is that which makes
those whom it assists industrially independent.
In its small way the home is doing very good relief work. The
growth o f the institution in the future and an extension of its activity
in accordance with its present policy and ideals will add a strong fea­
ture to the general system of relief which the railway employees are
developing as a safeguard against the consequences of misfortune.
It is probable that a home similar to the one near Chicago will be
established by the Brotherhood of Locomotive Engineers. In Novem­
ber, 1897, the brotherhood purchased the “ Meadow Lawn Farm,” a
place of 240 acres, near Mattoon, 111. Action in regard to the establish­
ment of “ a home for the aged and needy members of the order” will
not be taken by the brotherhood until May, 1900, when its next biennial
convention will be held, but as the grand division has purchased the
farm for the purpose of founding such a home it is probable that its
action will be approved by the convention.
BELIEF AND INSUBANCE PBOYIDED BY ASSOCIATIONS
OF EMPLOYEES OF SINGLE BAIL W A Y SYSTEMS.
There are so many beneficial associations whose membership is lim­
ited in each case to the employees o f only one railway system that it
will be impossible to include an account of all of them in this report.
The beneficial associations of this type, like the benefit departments of
the brotherhoods, represent the efforts which the employees, on their
own part, are putting forth to secure the'advantages of systematic
relief and insurance, hence these associations belong, and in a preced­
ing section of this report were placed, in the same category as the
beneficial associations of the brotherhoods. The associations of both
the types just mentioned are to be contrasted with the six relief
departments that are connected with the railway corporations. An
exhaustive treatment of the class of beneficial associations discussed
in this section would require a report nearly as large as the present
one. The purpose of this section is to present an outline of the char­
acter of the relief and insurance that railway employees secure
through membership in these associations, and this can best be done by
giving fn some detail the plan of organization and the results accom­
plished by a typical New England association of 20 years7 standing.
From the New England railway employees’ associations making
reports to the Massachusetts insurance commissioner I have selected
the Old Colony Beneficial Association, which was organized in 1878
and incorporated July 24,1882. It is a representative association, but
either the Boston and Maine Bailroad Belief Association or the Fitch­




572

BULLETIN OF THE DEPARTMENT OF LABOR.

burg Railroad Relief Association might have been selected with equal
propriety.(a) The persons eligible to membership in the Old Colony
Beneficial Association are the “ employees of the Row York, New
Haven and Hartford Railroad, the Old Colony Railroad, the Old
Colony Steamboat, the Boston Terminal, and the Union Freight Rail­
road companies who are less than 50 years of age and of good moral
character, temperate in habits, and of sound physical health.” Mem­
bers leaving the employment of these corporations may continue their
membership in the beneficial association. The association is governed
by a board of directors “ consisting of not less than 7 nor more than 13
members,” the actual number being 7. The directors, the secretary,
the treasurer, the three auditors, and the three trustees are elected
by the association. The president and vice-president are chosen by
the directors from their own number. Ordinary members pay $3 for
admission fees; freight trainmen, $10. A benefit of $6 a week is paid
to a member “ who, in consequence of sickness or accident, becomes
incapable of following some remunerative occupation, provided such
disability does not proceed from immoral conduct on his part;” it being
also “ provided, however, that no benefits shall be paid for the first
week’s disability except in cases of accident, and that not more than 13
weeks’ benefit shall be paid during any 52 consecutive weeks.” The
benefit paid on the death of a member is as many dollars as there are
members of the association, “ provided such sum shall not exceed
$1,000.”

The following tabular statement, taken from the fourteenth annual
report of the directors and covering the first 14 years of the associa­
tion’s existence, shows the membership, amount of assessments, the
benefits paid on account of death and sickness of members, and the
amount it has cost the members to administer the affairs of the asso­
ciation. The showing made by the table is one of which the association
may well feel proud.
a The Boston and Maine Railroad Relief Association was organized in 1882 and
had a membership January 1,1897, o f 1,515, a number considerably greater than the
membership of the Old Colony Beneficial Association. The Fitchburg Railroad
Relief Association, organized December 27,1887, and the Boston, Revere Beach and
Lynn Railroad Relief Association, instituted June 18,1887, are much smaller organi­
zations, their membership at the close of 1896 being 338 and 152, respectively. These
four associations and the Boston and Maine Railroad Car Department, Eastern
Division, Mutual Benefit Association, with a membership o f 156 at the beginning of
1897, comprise the five relief organizations o f steam railway employees in Massa­
chusetts. The employees o f three street railway companies have instituted similar
organizations.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

573

OPERATIONS OF TH E OLD COLONY B E N E F IC IA L ASSO CIATIO N , 1883 TO 1896.

Tear.

Mem­ Deaths.
bers.

1 8 83....
264
1884....
333
1 8 85....
347
1 8 86....
394
1887....
435
1888....
487
1889....
511
1 8 90....
564
1891....
704
1892 ....
934
1893.... 1.028
1894 .... 1,051
1895.... 1,154
1896.... 1.197
Total.

Claims
for
sick­
ness.

#5
2
4
3
1
6
5
2
3
10
12
11
13
16

Amount disbursed for benefits.

Death.

Sick.

Total.

$615.00 $1,955.00
33 a $ l,340.00
769.00
1,097.00
43
328.00
3. 665.00
79
1,351.00 2,314.00
55
1,113.00 1,422.00 i| 2,535.00
826.00 1,428.00 j 2, 254.00
60
2,852.00 1,696.00 ! 4,548. 00
64
3, 925.50
1,955.00 1, 970.50
64
3,911. 00
100
1. 610.00 , 2.301.00
4,118.06
76
1, 826.00 2, 292.00
121
7,527.00 3,123.00 10, 650.00
131 12, 507. 00 3,177.50 15,684.50
9,926.00 3, 282.00 • 13,208.00
115
148 14, 000.00 4,255. 50 l 18,255.50
151 14,000.00 ; 4, 223. 00 18,223.00

Total
1 receipts.
!
i
$3,162. 00
, 3,410.93
4, 689.64
! 4,126.31
4,627.62
! 6, 321. 52
| 5,597. 59
|
i 5,859.44
5,551.86
11,621.84
16, 896.74
15,103.90
17,896.67
20, 769.92

71,161.00 32, 868. 50 ,104,029.50 125,635.98

93

Amount !Cosfc of admin­
istration.
assessed
each
Per
member,
Total. mem­
includ­
ing dues.
ber.
$10. 40
6.00
11.50
9. 30
8.20
12. 00
10.00
9i 00
7. 00
12. 00
16.00
14.00
15. 00
17. 00

$455. 39
551. 69
454.15
562. 88
555. 60
572. 84
503. 33
616. 94
452.00
791. 81
858. 06
900.44
1,015. 40
1,116.26
9,406.79

$1.72
1.66
1.31
1.43
1. 28
1.18
.98
1.09
.64
.85
.83
.86
.88
.93
•

a Two deaths of previous years paid for in 1883.

ACCIDENT AND

SICKNESS BELIEF—RELIEF W O RK OF
DIVISIONS AND LODGES.

The central organizations of six of the brotherhoods and orders
enable their members to secure insurance payable in case of death or
total disability. The loss of a hand or foot, or the total loss of sight,
usually, but not always, constitutes a total disability. The loss of
hearing is included by the Order of Railway Conductors. The defini­
tions which the brotherhoods give to total disability vary considerably
in detail. With the Brotherhood of Railway Trackmen the loss of one
leg or arm gives the insured member a claim upon one-half the face
value of his certificate. The Brotherhood of Locomotive Firemen
pays the full amount of the insurance certificate to a member who
becomes blind or nearly so, or who loses a hand or foot, and also includes
among the totally disabled those members who may become “ totally
and permanently incapacitated from performing manual labor from
consumption, Bright’s disease of the kidneys, or total and permanent
paralysis.” The brotherhoods of the trainmen and carmen have the
most comprehensive constitutional provisions of all the brotherhoods
in regard to total disability claims. The Carmen’s Mutual Aid Asso­
ciation provides that the “ total disability of a member shall be the
loss o f both feet or both arms or both eyes, the loss of one arm or one
leg, or such other causes as shall be decided upon by a competent
board of physicians to be such as would forever debar him from gain­
ing a living by manual labor.” The constitution of the Brotherhood
of Railroad Trainmen includes the above accidents in the list of disa­
bilities and further provides that “ other claims for total disability shall
be referred to the grand master, first vice-grand master, and grand
secretary and treasurer, who shall decide as to whether or not the
disability is of such a nature as to totally and permanently incapacitate




574

BULLETIN OP THE DEPARTMENT OF LABOR.

tlie claimant from the performance of duty in any department of the
train or yard service, and if the claim is approved by them, the claim­
ant shall receive the full amount of the beneficiary certificate held by
him.”
The constitutions of the four largo brotherhoods that had benefit or­
ganizations in 1897 provide that the assessment upon any insured mem­
ber who may become incapacitated for labor because o f sickness or other
disability may be paid from the funds of the department or of the lodge
to which the member belongs. The Engineers’ Association will not
carry the assessments for a member unless he has been in the associa­
tion for 5 years, and the sums thus advanced must be paid back by the
member as soon as he begins to receive- wages of over $50 a month.
The Order of Railway Conductors deducts the money advanced from
the benefit when paid to the member. The Brotherhood of Locomotive
Firemen and the Brotherhood of Railroad Trainmen make it incumbent
upon the lodges to advance the assessments of unfortunate members.
The constitution o f the Brotherhood of Railroad Trainmen stipulates
that “ Should a brother in good standing become sick or disabled, his
dues and assessments shall be paid by his lodge; in case of total dis­
ability * * * his dues and assessments shall be paid until his claim
has been allowed or rejected by the grand secretary and treasurer. In
all cases of disability and sickness the lodge shall determine how long
such dues and assessments shall be paid. The amount of dues paid for
the brother may be considered a loan and payment enforced.”
The above regulations concerning disability insurance do not provide
for the relief of members who are temporarily incapacitated because of
sickness or accident. Neither are all forms of permanent disability
included in the provisions just cited. The central organizations leave
to the divisions or lodges a part of the burdens of caring for the per­
manently disabled and the entire work of affording temporary accident
and sick relief. The brotherhoods permit the local organizations to
pay sick and accident benefits if they choose, but usually with the
restriction that “ under no circumstances shall an allowance be made
to a member thus sick or disabled by intemperance or other immoral
conduct.” Some of the divisions, as noted below, have organized local
relief organizations and others have not.
Whether arrangements are made for the payment of weekly sick and
accident benefits or not, the local branches all take that care of their
sick members which is customary in fraternal organizations. The con­
stitution of each brotherhood makes provision for the appointment by
each lodge or division of a “ visiting committee” or “ board o f relief,”
whose duty it is to see that all needy members are duly assisted. The
constitution of the Brotherhood of Locomotive Firemen says: “ It shall
be the duty o f the board of relief to visit sick and distressed members,
and report at each regular meeting in writing all applications for relief,
with their recommendations concerning the same. Upon the death of




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

575

a member they shall be empowered to make all necessary arrangements
for the funeral, and render such assistance as may be required. They
shall do all in their power to secure employment for worthy members
and recommend to the lodge in writing such assistance as may be
required to relieve members in distress.” Money may be advanced to
defray the funeral expenses of a needy member, but if such a member is
insured, the sum advanced for the funeral is deducted from the amount
of the certificate when that is paid to the beneficiary.
The brotherhoods are careful to protect the families of unfortunate
members against suffering. The relief arrangements that the Brother­
hood of Locomotive Engineers has established to protect the families
of its members from want are typical. The following three sections of
Article V III especially deserve approval, and merit quotation:
S e c t i o n 1. In case of the death of any brother in good standing, it
shall be the duty of the chief engineer to appoint a committee whose
duty it shall be to inquire as to the pecuniary situation of the family of
the deceased brother; and should the committee report that they are in
need of assistance, it shall be the duty of every member of the division
to see that they are assisted by all honorable and reasonable means;
that the children (if there be any) are not allowed to suffer or be neg­
lected, and they shall extend over them their protection and care so
long as they may stand in need of it.
S e c . 2.
The widow of any deceased brother shall be assisted in
every way and manner which may be deemed proper, and it shall be
the duty of every individual member of the division to use every effort
consistent with the rules of propriety to prevent her from coming to
destitution or disgrace; and they shall treat her with respect and consid­
eration so long as she may prove herself worthy.
*

*

*

*

*

*

*

4. It shall be the duty of the chief engineer, first engineer,
second engineer, and chaplain to act as a relief committee, whose duties
it shall be to visit the sick and provide them with any attention they
may be in need of.
Complete statistical information regarding the amount of relief actu­
ally given by the divisions and lodges is practically unobtainable. It
is optional with the local organizations whether they make provision
for the systematic payment of sickness and accident benefits, and no
reports are made to the central or grand division by those subordinate
divisions that have systematically organized such relief. The only way
to secure complete information on this phase of the relief work of the
brotherhoods would be to obtain reports from the local divisions by
applying directly to each of them; but as their total number reaches
into the thousands that plan was not feasible.
In 1892 the first grand engineer of the Brotherhood of Locomotive
Engineers reported to the Interstate Commerce Commission (a) that
Sec.

a In 1892 the secretary o f the Interstate Commerce Commission made a report to
the Commission on the relations between railway corporations and their employ­
ees. This report was the continuation of an investigation made by the Commission
in 1889. Consult the annual reports of the Commission for 1889 and 1892.




576

BULLETIN OF THE DEPARTMENT OF LABOR.

“ a majority of the subdivisions have also a health association which
pays $10 per week to its members who may be sick for one week or
more.” An historical sketch published by the Brotherhood of Loco­
motive Engineers in 1896 states that a large number of the divisions
have a weekly indemnity insurance, each having their own law, which
varies in the amount of dues and indemnity. The weekly indemnity is
usually about $12. In the report to the Commission in 1892 the grand
master of the Brotherhood of Railroad Trainmen reported that “ most
o f the subordinate lodges prpvide for payment of sick benefits in
amounts ranging from $2 to $8 per week.” For the Switchmen’s
Mutual Aid Association, the predecessor of the existing Switchmen’s
Union, it was reported by the vice grand master: “ There is a local
branch of the brotherhood in Chicago which pays out on an average in
weekly benefits to individual members for injury over $1,200 per quar­
ter, and this is the case to a greater or less extent in every city of any
considerable size in the United States.” These remarks are doubtless
loose statements, but they at least show that many of the divisions
and lodges maintain organizations for the payment of sick and acci­
dent benefits.
In a letter written October 18,1897, the grand secretary and treas­
urer o f the Brotherhood of Railway Carmen makes the following
statements regarding the benefits paid by lodges of that brotherhood:
“ Each lodge is authorized to provide for its sick benefits, and it is not
compulsory. The amounts vary in the different subordinate lodges.
The most common amount is $5 per week. There are very few lodges
that have not a sick benefit provided for in their by-laws. The sick
benefit fund is contained in the general fund of the lodge, and is pro­
vided for by making the monthly lodge dues of members commensurate
with the needs for the purpose. The by-laws of any lodge may be
amended at any time; and should it be found that the funds in the
treasury are too low for the necessary expenses, including sick bene­
fits, they may be raised; and should at any time an unnecessary
amount o f funds accumulate in the treasury, the dues may be reduced.
The usual amount of monthly dues per member where the sick benefit
is $5 per week is 50 cents per month, while 30 cents per month is suf­
ficient to maintain a sick benefit of $3 per week.” The secretary states
that he can not give exactly the aggregate sum paid in sick benefits,
“ for want of information from some of the subordinate lodges, but the
total for the last six years will exceed $15,000.” These funds were
received from local dues paid monthly to create a benefit fund. It will
be remembered in this connection that the membership of the Brother­
hood of Railway Carmen is small.
A concise and complete presentation of the facts regarding the
relief work o f a few representative divisions will indicate clearly the
nature and amount of relief work that is carried on by all the local
organizations that have made provision for systematic aid. A divi­




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

577

sion of the Brotherhood of Locomotive Engineers located in Cedar
Rapids, Iowa, a Philadelphia division of the Order of Railway Con­
ductors, a Minneapolis lodge of the Brotherhood of Locomotive Fire­
men, and a Philadelphia lodge of the Brotherhood of Railroad Trainmen
are representative divisions of their respective brotherhoods, and their
relief organizations are among the best.
The relief organization connected with the Cedar Rapids Division
(No 159) of the Brotherhood of Locomotive Engineers wras instituted
May 1,1887. The officers are a president, a secretary treasurer, and an
executive committee o f 5 members. The secretary-treasurer is the only
officer paid for services, and his pay consists only of the remission of
his assessments. The initiation fee is $1 and the assessments are,
theoretically, 50 cents a month, but in reality they vary with the needs
of the treasury. The assessments cease when there are $200 in the
treasury and are resumed when the balance on hand falls to $100.
The membership and the assessments of the organization for the first
10 years—May 1, 1887, to April 30, 1897—were as follows:
M EM BERSHIP A N D ASSESSMENTS OP R E L IE F O R G A N IZA T IO N OF CED AR R APID S
D IVISION. NO. 159, BROTHERHOOD OF LOCOMOTIVE ENGINEERS, 1887 TO 1897.

Year.

1fiS7 ( a ) ....................................
1RRR
....................................
1RR9
....................................
1R9ft.........................................
1891...........................................
1892...........................................

Members.

33
37
39
47
53
62

Assess­
ments per
member.
b $4.00
.50
6.00
3.50
4.00
10.00

Year.

1893.........................................
1894.........................................
1895.........................................
1896.........................................
1897(c)....................................

Assess­
Members. ments per
member.
64
64
59
61
63

$7.50
2.50
6.00
8.50
d 3.00

a May 1 to December 31.
b Including $1 initiation fee. There were six assessments in 1887 of 50 cents each. The receipts in
1887 were sufficient to carry the association through the succeeding year with only one additional
assessment.
c January 1 to April 30.
d Three assessments of $1 each were made in January, February, and March.

During the 10 years ending April 30, 1897, the total receipts of the
association were $3,012.50 and the disbursements were $2,872.50.
Twenty-two persons now on the rolls were charter members, and their
total assessments have been $55.50, which would make their average
annual payments $5.55, less than 50 cents a month. Benefits of $1.50
per day, including Sundays, are paid to members who are suffering from
sickness or accident. The payments commence on the eighth day of
the illness and may be continued for a year.
The West Philadelphia Division No. 162, Order of Railway Con­
ductors, is a large organization with over 200 members. It maintains
a fund for the payment of sick and death benefits, and requires all
members to contribute to the fund. The benefit paid a sick member is
$1 a day, including Sundays, for a year, and 50 cents a day thereafter
during the continuance of the illness. A benefit of $50 is paid upon
the death of a member, and $25 upon the death of a member’s wife.
During the first 10 months of 1897, the average number of persons




£78

BULLETIN OF THE DEPARTMENT OF LABOR.

receiving aid each month was 10. The average total relief paid per
month by the division during this period was $213.20. The assessments
are levied at the beginning of each month and vary in amount accord­
ing to the needs o f the treasury. They average about $1 a month for
each member*
The following table, covering the calendar years 1895 and 1896 and
the first 10 months of 1897, shows the membership, assessments levied,
and benefits paid:
STATISTICS OF SICK A N D D E A T H B E N E F IT FUND OF W E S T P H ILAD ELPH IA.
D IV ISIO N NO. 162, OEDEB OF B A I L W A Y CONDUCTORS, 1895 TO 1897.
Member­ Assess­
Total re­
ship at
ments
Total bene­
close of per mem­ ceived from
assessments. fits paid.
year.
ber.

Year.

1895...............................................................................................
1830...............................................................................................
1897 ( a ) ........................................................................................

182
203
210

$12.00
10.75
11.00

$2,161.73
2,069.50
2,185.00

$2,009.75
1,976.50
2, l ‘*2.60

a January 1 to November 1.

The Eorthwestern Lodge No. 82, Brotherhood of Locomotive Fire­
men, has regulations providing for the payment of weekly benefits to
sick and disabled members. The board of relief is empowered to pay
any member ’“ the sum of $6 a week for any sickness or injury causing
a total loss of time for any period exceeding 2 weeks.” The benefits
can not be claimed by a member for more than 26 weeks in one year;
but “ the board of relief can in cases of continued disability advance
benefits from time to time as they deem necessary.” The rules also
provide that the u lodge may, in addition to the regular payment of $6
a week, provide a nurse at not to exceed $2 per day for any member
needing the same who may be unable to incur such expense.” The
assessments levied to defray the expense o f making these weekly pay­
ments are included in the lodge’s quarterly dues. A member of the
lodge who is insured for $1,500 in the beneficiary department of the
Brotherhood of Locomotive Firemen pays quarterly dues of $5.50; thus
$22 a year pays for a life insurance o f $1,500, gives a claim to a benefit
of $6 a week, and defrays the member’s share of the general expense of
the lodge. Between July 1,1896, and June 30,1897, the lodge paid
weekly benefits amounting to $336 with an average membership of 50.
As an example of the local relief of the Brotherhood of Railroad
Trainmen, an account of Mantua Lodge No. 160, of Philadelphia, may
be given. This lodge pays a weekly benefit of $5 to sick and disabled
members. The assessments are 50 cents per month, but the receipts
from these assessments cover both the relief expenses and a large
part of the lodge’s running expenses. A portion of the running
expenses are met by the receipts from two entertainments given each
year, from which about $300 is obtained. The membership, annual
benefits, and total relief payments for the five years beginning January
1, 1893, and ending November, 1S97, are given in the table following.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

579

M EM BER SHIP OF M A N T IJA (P H IL A D E L P H IA ) LODGE NO. 160, BROTHERHOOD OF
R A IL R O A D T R A IN M E N , A N D BE N E F IT S P A ID , 1893 TO 1897.
Member­
Total
ship at
close of benefits
paid.
year.

Year ending December 31—

1893.................................................................................................................................................
1891.................................................................................................................................................
1895 ................................................................................................................................................
1896.................................................................................................................................................
1897 (a)............................................................................................................................................
Total...................................................................................................................................

127
136
140
156
150

$752.50
940.50
647.50
440.00
850.00
3,630.50

a Ten months.

STATISTICS OF INSURANCE AFFORDED BY THE BROTHERHOODS AND AU XILIARIES.
Brotherhood insurance covers death and total disability. It has
been possible to secure fairly complete statistics of the insurance pro­
vided by the benefit department of each brotherhood. The data here
given were obtained from the grand secretaries and treasurers, to
whom were sent a list of questions and blank tables to be filled in
with statistics. The tables included in this section of the report,
besides giving the statistics of the insurance feature o f each brother­
hood, contain certain other instructive facts, to which reference is
made in the discussion accompanying the tables.
The mutual benefit department of the Order of Railway Conductors
is as fully developed and highly organized as that of any of the broth­
erhoods. The scope of its insurance work is shown in the following
table prepared by the grand secretary and treasurer of the order:
STATISTICS OF THE M U T U A L B E N E F IT D E P A R T M E N T OF TH E ORDER OF R A IL W A Y CONDUCTORS OF A M E R IC A , 1892 TO 1896.

Mem­
ber­
ship
Tear
ending of or­
Decem­ der at
ber 31— close
of
year.

Divi­
sions
at
close
of
year.

20,224
20, 356
19,253
19,737
19,810

318
337
363
370
373

1892....
1893....
1 8 94....
18 9 5 ....
1 8 9 6....

Mem­
Assess­
ber­
ship of Assessments levied ments Number of bene­
Total in­
fits paid in
per
mutual
upon series—
Total bene­ surance
series—
$1,000
benefit
outstand­
fits
paid.
of in­
depart­
ing.
surance
ment
carried.
at close
A
B
B
C D E
C D E
of year. A
9,942 $14 $28 $42 $56 $70
12,266 15 30 45 60 75
12,704 16 32 48 64 80
13,582 14 28 42 56 70
14, €19 14 28 42 56 70

$14
15
16
14
14

31
43
56
56
61

8
14
39
28
31

63
77
60
65
58

1
2
4
8
8

a $392,870.40 $22,347,000
2 320,000.00 26,143,000
3 345,000. 00 26,027, 000
1 344,000.00 27,395, 000
2 339,000.00 29,267, 000

a Paid 61 old $2,500 claims.

The table shows how the reduction in the number of railway em­
ployees, which was made necessary by the adverse business conditions
that prevailed in 1893 and 1894, cut down the total membership of the
Order of Railway Conductors. The formation of the American Rail­
way Union probably had but little effect upon the conductors’ order.
The number of the divisions increased during the years 1893 and 1894.



580

BULLETIN OF THE DEPARTMENT OF LABOR.

The membership in the mutual benefit department also increased at
this time, but at a slower rate than usual. The business revival of
1897 and the consequent increase in the staff of railway employees are
being accompanied by an accelerated growth in the membership of all
the brotherhoods.
A s regards the distribution of the members among the five series of
certificates issued, the secretary’s reports show that three-fourths of the
members are in series A and 0, and that most of the other fourth are
in series B. From the preceding table it will be observed that the
average insurance carried per member was in 1896 about $2,000. The
cost of the insurance has usually been $14 a year per $1,000 carried,
the exceptional years of 1893 and 1894 showing a cost above the ordi­
nary average. The average amount of insurance carried by the mem­
bers of the Order of Railway Conductors is relatively large and the
cost is low. The conductor’s position is a less dangerous one than
many others in the railway service.
The grand secretary of the Brotherhood of Railroad Trainmen pre­
pared the following table, covering the work of the beneficiary depart­
ment of that brotherhood from its beginning to the end of 1896. It will
be Instructive to give a complete presentation of the activity of one
brotherhood, and the table is printed in full as submitted. There is a
special reason why the statistics of the beneficiary department of the
Brotherhood of Railroad Trainmen should be fully considered. The
work of the trainmen is especially dangerous, and the death rate of
the membership o f the brotherhood is a high one. From the organiza­
tion of the department in 1884 to December 31,1896, 3,461 claims were
paid, amounting to $3,667,901.18. The cost of the insurance is rela­
tively high.
ST ATISTICS OF T H E

B E N E F IC IA R Y D E P A R T M E N T OF T H E
R A IL R O A D T R A IN M E N , 1884 TO 1896.

Member­ Sub­ Member­
ordi­
ship of
ship of
Fiscal
benefici­
year end­ brother­ nate
lodges
ary
de­
in g A u ­ hood at
partment
at
close
gust 31—
close of at close
of year.
year.
of year.
1884..........
1885..........
1886..........
1887..........
1888..........
1889.........
1890..........
1891.........
1892..........
1893..........
1894..........
1895-96(a)

901
4,766
7,993
8,622
11,483
13,562
14,057
20,409
24,431
28,540
22,359
22,326

37
155
230
241
267
320
369
422
489
516
491
499

876
4*703
7,914
8,476
11,209
13, 322
13,837
20,198
24,131
28,219
22,070
21,846(

BROTHERHOOD

Amount assessed each member
holding a certificate for—

$400

1

$600

$800 | $1,000

$18
18

l
. . . . . . . 1. . . . . . * "
. . . . . . . i. . . . . . . . . .
1

$18

Assess­
ments
per
$ 1,000
$1,200 of in­
surance
carried,

$18 i
$20
24
24
$23
23
24

i

9

18

.........
:

$45.00
30.00
30.00
22.50
20.00
24. 00
24. 00
19.16
19.16

20.00
22.50

24

20.00

OF

Num­ Total paid
ber of on insur­
claims
ance
paid.
claims.

$6, 596.82
27
83
44,976.63
127 i 99,100.00
165 123,106. 25
221 253.318.00
271 274,027.25
346 368,637.05
391 441.221.00
547 573.203.00
532 590, 310. 20
751 5893,407.98

a From August 31,1895, to December 31,1896—sixteen months.
b This total is made up of the following items: 12 $400 certificates, $4,800; 3 $800 certificates, $2,400;
33 $1,000 certificates, $33,000 ; 679 $1,200 certificates, $814,800; 1 $2,000 claim, $2,000; 11 $2,400 claims,
$26,400, and 12 miscellaneous certificates (where interest and attorney fees are added by courts),
$10,007.98.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

581

The statistics of the Brotherhood of Railroad Trainmen for the years
1893 to 1895 show that the membership of the organization was seri­
ously affected by the American Railway Union and the business con­
ditions of those years. The membership is at present rapidly increasing.
Until August, 1895, only one grade of certificates was issued at any one
time to members. A t first the amount of each member’s insurance
was made $400; but it was later raised, first to $600, then to $800,
afterwards to $1,000, and finally, in 1892, to $1,200. In 1895 the
brotherhood began issuing three grades of certificates, their amounts
being, respectively, $400, $800, and $1,200. The cost to the members of
carrying the insurance has been higher in the Brotherhood of Railroad
Trainmen than in the other brotherhoods. The assessments during the
second, third, and fourth years were especially large. Those years,
however, seem to have been exceptional, for, with the exception of them,
the annual assessments have averaged about $21 per $1,000 of insur­
ance carried. This relatively large cost of insurance as compared with
the assessments of the other brotherhoods is easily explained by com­
paring the death and disability rate obtaining with the several broth­
erhoods. During the year 1894, for instance, the claims paid by the
Firemen’s Beneficiary Department equaled a little less than 11 per
1,000 members; during the same year the Conductors’ Mutual Benefit
Department paid somewhat over 11 claims for each 1,000 members;
whereas the death and disability claims paid by the beneficiary depart­
ment o f the Brotherhood of Railroad Trainmen averaged for the fiveyear period from 1890 to 1894, inclusive, 18.5 per 1,000 members.
During the year 1894 the rate was as high as 24 per 1,000 members.
No record of outstanding certificates was kept previous to 1895.
The plan of issuing three grades of certificates had been in operation
only a little over a year at the close of the year ending December 31,
1896. A t that time the outstanding certificates were as follows: 1,141
class A members, carrying $400 certificates, $456,400; 361 class B mem­
bers, carrying $800 certificates, $288,800; 20,152 class C members, carry­
ing $1,200 certificates, $24,182,400; 1 member carrying class A and B
certificates, $1,200; 20 members carrying class A and O certificates,
$32,000; 137 members carrying class A, B, and O certificates, $328,800;
*34 members carrying class B and O certificates, $68,000; making a
total of 21,846 members carrying certificates amounting to $25,357,600.
This classification indicates that there was quite a large demand for
the insurance certificates of the lowest class. Possibly better times
and more steady employment at higher wages may check the tendency
of members to insure for the smaller amounts.
The Locomotive Engineers’ Mutual Life and Accident Insurance
Association was chartered in 1894. Before that date the association
was more closely connected with the general organization of the broth­
erhood. The statistics covering the history of the three years of the
association’s work are given in the table following.




582

BULLETIN OF THE DEPARTMENT OF LABOR.

ST A TISTIC S OF T H E LOCOMOTIVE E N G IN E E R S’ M U T U A L L IF E A N D A C C ID E N T
IN SU R A N C E ASSOCIATION, 1894 TO 189C.
Member­ Assessments levied upon hold- Assess­
ers of certificates of—
ship of j|
Member­ Diviments
Year
ship of
per
ending
sions at insurance
$1,000
brother­
associa­
Decem­
close of tion at
hood
$750. $1,500. $3,000. $4,500. of in­
ber 31— March 31. year.
surance
close of
year.
carried.
1894
1895.........
1896.........

32,023
31,004
30,309

530
533
535

16,009
16,872
18, 739 $11.75

$25.00
21.75
23.50

$50.00
43.50
47.00

$75.00
65.25
70.50

$16.67
14.50
15.67

Total
claims
paid.

Total insur­
ance out­
standing.

$409,500
568, 500
602,250

$30,900,000
31,480,500
40,344,750

The membership of the Brotherhood o f Locomotive Engineers is
larger than that o f any other brotherhood. The number insured is
considerably less than the total membership o f the brotherhood; but
as insurance is now compulsory for all who are qualified to join the
insurance association, the membership of the latter organization is
rapidly gaining on that of the brotherhood. The certificates for $750
were first issued in July, 1896. The annual assessments levied per
$1,000 of insurance carried average somewhat more than those levied
by the mutual benefit department of the Order o f Railway Conduct­
ors, but much less than the average annual assessments of the bene­
ficiary department of the Brotherhood o f Railroad Trainmen. The
average amount o f insurance per member outstanding at the close
of 1896 was $2,153. This average is larger than that of any other
brotherhood.
The following table contains the statistics of the recent growth and
present condition o f the beneficiary department of the Brotherhood of
Locomotive Firemen:
ST ATISTICS OF TH E B E N E F IC IA R Y D E P A R T M E N T OF TH E BROTHERHOOD OF
LOCOMOTIVE FIR E M E N , 1892 TO 1S97.

Fiscal
year end­
ing J uly
31—

1892..........
1893..........
1894..........
1895(a) ..
1896(a) ..
1897(a) . .

Member­ Amount assessed Number of bene­
Member­
ship of each member hold­ fits paid for each
ship of Lodges
ing a certificate
benefici­
class.
brother­
fo r ary
de­
close
hood at
partment
of
close of
at close $500. $1,000. $1,500. $500. $1,000. $1,500.
year.
year.
of year.
26,256
28,681
26,508
21,408
22,461
24,251

488
506
517
484
507
523

$16.00
25*967
16.00
28,550
26,377
14.00
21,282 $5.25 $io.50 14.00
22,227 6.00 12.00 16.00
24,118 6. 00j 12.00 16.00

12
6
25

1
9
8

Total
claims
paid.

Total in­
surance
outstand­
ing.

267 $399,250.00 $38,950,500
318 476,750.00 43,825,000
289 435,467.50 39,565,500
211 333,816.50 32,107,000
203 316,684.50 33,102,400
202 324,726.00 34,424,500

a Fiscal year ending June 80.

The Brotherhood of Locomotive Firemen is one of the largest of all
the brotherhoods, and the table shows that the enrollment is growing
so rapidly that the membership will soon be equal to what it was
before the formation of the American Railway Union and the occur­
rence of the recent business depression. The average annual cost of
carrying $1,000 of insurance is very much lower, being less than in the




RE LIE IT AND INSURANCE OF RAILWAY

EMPLOYEES.

583

mutual benefit department of the Order of Railway Conductors. This
is probably explained by the fact that the firemen, as a class, are
younger men than the conductors. It is, however, surprising that this
fact is not offset by the more dangerous character of the fireman’s
work as compared with the conductor’s position. If the firemen are
able to maintain their insurance in the future at the low average cost
that has obtained during the past 5 years, their showing will be excep­
tionally favorable.
There are three classes of certificates issued at present. This has
been the case only since June 30, 1895. It will be noted that the
assessments are somewhat heavier upon the holders of the smaller
certificates than upon the holders o f the $1,500 certificates. That the
members are mainly in the $1,500 class is shown by the fact that
the average insurance per member is over $1,400. The total amount
paid on life and disability insurance claims by the Brotherhood of Loco­
motive Firemen during the first 1G years-—September 1,1880, to June
30, 1897—was $4,161,147.20.
The Brotherhood of Railway Trackmen, as previously stated, is one
of the younger and smaller organizations of railway employees. The
statistics covering the 5 years of the history of the insurance depart­
ment of the brotherhood from 1892 to 1890, inclusive, are as follows:
ST A TISTIC S OF T H E IN SU R A N C E D E P A R T M E N T OF T H E BROTHERHOOD OF
R A I L W A Y TR A C K M E N , 1892 TO 1896.

Year ending
December 31—

Member­
ship of
brother­
hood at
close of
year.

3892.....................
1893.....................
1894.....................
1895.....................
1896....................

970
1,150
850
1,080
1,250

Member­
Subordi­
ship of in­ Amount as­
Number of
Total in­
nate divi­ surance de­ sessed each
Total
surance
member on claims paid on
sions at
partment
$1,000 certifi­ claims paid. outstand­
close of at close of $1,000 certifi­
cates.
ing.
year.
cate.
year.
68
86
62
78
90

970
1,150
850
1,080
1,250

$12.00
12. 00
12.00
12.00
12.00

13
17
12
14
16

$13, 000
17.000
12.000
14.000
16.000

$970,000
1.150.000
850,000
1.080.000
1,250,000

During the period covered by the foregoing table, membership in the
insurance department was compulsory upon all members of the brother­
hood. During this time, also, there was but one class of certificate
issued, that for $1,000; but on January 1,1897, the insurance was made
voluntary, and a second grade of certificate, one for $500, was added.
The table shows that the assessments were uniformly $12 a year per
$1,000 of insurance; that is, $1 a month per member. This is also a
low showing as regards assessments. However, the permanent mem­
bers paid only $63,600 in assessments during the 5 years, although
insurance claims amounting to $72,000 were paid within the same
period. Of the $72,000 paid out, $8,400 was received from members
who became delinquent after paying some assessments. According to
article 8 of the constitution, which became effective January 1, 1897,
u Every member carrying a beneficiary certificate of $1,000 shall pay




584

BULLETIN OF THE DEPARTMENT OF LABOR.

an assessment of $1 each month. Every member carrying a beneficiary
certificate of $500 shall pay an assessment of 50 cents each month.
Should the amount become inadequate to pay claims^ the grand execu­
tive committee shall call such additional assessments as may be neces­
sary to pay claims.”
The Brotherhood of Bailway Carmen’s Mutual Aid Association is an
organization with a very small membership. The following statistical
data cover the period of 6 years ending June 30, 1897:
S T A TISTIC S OF BROTHERHOOD OF R A I L W A Y C AR M EN ’ S M U T U A L A ID ASSOCIATION, 1892 TO 1897.

Fiscal year ending June 30—

1892.................................................
1893.................................................
1894.................................................
1895.................................................
1896.................................................
1897.................................................

Member­
ship of
brother­
hood at
close of
year.

Membership
Lodges of mutual aid Amount of Number
at close association assessments of bene­
of year.
at close of
levied.
fits paid.
year.

5,000
4,200
2,900
1,800
740
1,300

135
159
110
60
12
35

70
193
141
122
60
90

$1.00
3.00
2.00
2.00
1.00
1.00

1
3
2
2
1
1

Total
benefits
paid.

$70.00
460.00
283.00
250.00
57.00
90.00

The causes that account for the decline of the Brotherhood of Bailway Carmen during the three years following 1893 have been stated.
Apparently the brotherhood and the Mutual Aid Association have both
seen their worst days and have begun to grow stronger. As was pre­
viously noted, the payment of local sickness benefits is a prominent
feature of the brotherhood, the sums distributed in such payments
being several times the amount of insurance claims paid.
From the table following, compiled from the foregoing tables, the six
brotherhoods having insurance organizations may be compared:
ST A TIS TIC S OF IN SU R A N C E D EP A R T M E N T S OF T H E BROTHERHOODS COMPARED.

Brotherhood.

Order of Railway Con­
ductors .........................
Brotherhood of Rail­
road Trainmen . . . . . .
Brotherhood of Loco­
motive Engineers___
Brotherhood of Loco­
motive Firem en........
Brotherhood of Rail­
way Trackmen . . . . . .
Brotherhood of Rail­
way Carmen...............

Member­
Divi­ ship of in­ Assess­
Member­ sions or
ments
surance
Year ending— ship at lodges depart­ per $1,000
close of at close
of insur­
ment
at
year.
of
ance
close of carried.
year.
year.

Total
benefits
paid.

Total
insurance
out­
standing.

Dec.

31,1896

19,810

373

14,619

$14.00

$339,000

$29,267,000

Dec.

31,1896

22,326

499

21,846

/2 2 .50
\20.00 }a 6 7 0 ,056

25,357,600

Dec.

31,1896

b 30,309

535

18,739

15.67

602,250

40,344,750

June

30,1896

22,461

507

22,227

12.00

316,084

33,102,400

Dec.

31,1896

1,250

90

1,250

12.00

16,000

1,250,000

June

30,1896

16.66

T o ta l....................

740

12

60

96,896

2,016

78,741

57

60,000

1,943,447

129,381,750

a Estimated. The total for the 16 months from August 81,1895, to December 31,1896, was $893,407.98.
b March 31,1896.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

585

It will be noted that in 1896 the Brotherhood of Locomotive Engineers
had the largest membership, and its insurance association had the
largest amount of outstanding insurance, although the number of mem­
bers of that brotherhood carrying insurance was less than the number
insured in each of two other organizations. The total amount paid in
benefits by the six brotherhoods was $1,943,447, and the total outstand­
ing insurance was $129,381,750.
It was impossible to obtain as complete statistics of the insurance
organizations of the ladies’ auxiliaries as were secured regarding the
brotherhoods. The insurance associations connected with the auxil­
iaries are not so thoroughly organized as those of the brotherhoods,
and, with the exception of the Ladies’ Auxiliary to the Brotherhood of
Locomotive Engineers, their reports are not so complete. The insur­
ance association in the case of the auxiliaries is not so prominent a
feature of the general organization as it is with the brotherhoods.
The fullest statistical report was obtained from the auxiliary to the
Brotherhood of Locomotive Engineers. The following table covers the
first 6 years of the history of the Voluntary Relief Association, and
shows the membership at the close of each of the three biennial periods,
and gives the assessments, deaths, and insurance payments for each
period:
S T A TISTIC S OF T H E V O L U N T A R Y R E L IE F ASSOCIATION OF TH E L A D IE S ’ A U X I L ­
IA R Y TO T H E BROTHERHOOD OF LOCOMOTIVE ENGINEERS, 1892 TO 1896.

Biennial period ending
March 31—

1892....................................................
1894....................................................
1896.....................................................
T o ta l.....................................

Member­
Number
Member- ship of re­
of policies
Num­
Assess­
ship of 1lief associa­ held by
ber of
ments
auxiliary at
tion
members . levied on claims
end
at end of
at end of each policy. paid.
of period.
period.
period.
993
1.390
1,621

3,512
5.065
5,395

i

(«)
2,213
2,167

Total
insurance
paid.

$1.50
5.00
7.25

6
20
33

$557.29
8,322.66
14,159.63

13.75

59

23,039.58

a Not reported.

As each member is allowed to carry two policies, the number of out­
standing certificates considerably exceeds the number insured. The
membership in the relief association at the close of 1896 comprised
somewhat less than one-third of the members of the auxiliary. It will
be remembered that the benefit paid on each policy held by a member
is the sum received from an assessment, at the death of the member,
of 25 cents each on all the policies, the total amount not to exceed
$500.
The president of the Ladies’ Auxiliary to the Order of Railway Con­
ductors reported the membership of that auxiliary to be 2,775 at the
close of June, 1898. The Benevolent Insurance Association of the
auxiliary began operations in 1896. A t the close of that year its mem­
bership was 154, and on March 31, 1898, the membership was reported
6368—No. 17----- 6



586

BULLETIN OF THE DEPARTMENT OF LABOR.

by the general secretary and treasurer to be 274. No deaths occurred
in 1896. Up to the middle of November, 1897, there had been two
deaths. The insurance paid by the association is $200 per death.
The Ladies’ Auxiliary to the Brotherhood of Bailroad Trainmen has
a “ beneficiary fund,” in which all members who join the auxiliary
when not over 55 years of age must participate. The beneficial feature
was adopted in 1892. The following table presents the membership,
deaths, and total payments for the five years ending December 31,1896:
S T A TISTIC S OF TH E L A D IE S ’ A U X I L I A R Y TO TH E BROTHERHOOD OF R A IL R O A D
T R A IN M E N , 1892 TO 1896.

Year ending December 31—

1892
1893
1894
1895

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

Member­
Number
ship of
of claims
auxiliary.
paid.
639
1,058
1,285
1,575
1,800

Total
pay­
ments.

9
,9
13
16

$1,800
1,800
4,550
5,600

47

13,750

The grand secretary and treasurer reports that in the total member­
ship, as given above, there are “ perhaps half a dozen honorary mem­
bers, consisting of those who are over 55 years of age.” The table
shows that there were no deaths in 1892, and that the insurance pay­
ment was $200 per death until 1895, when it was raised to $350.
The Benevolent Insurance Association of the Ladies’ Society, Brother­
hood of Locomotive Firemen, still has a small membership. In 1895
the members numbered 50; in 1896, 90; and in November of 1897,
218. It is only during the past year that the membership increased
rapidly. The total membership of the Ladies’ Society was reported to
be 1,097 in November, 1897; thus the present membership of the Benevo­
lent Insurance Association is about one-fifth that of the Society. The
insurance paid upon the death of an insured member equals the
receipts from an assessment of 25 cents on each member. During 1894,
1895, and 1896 the deaths averaged one a year. During the first ten
months of 1897 there were three deaths, and the total amount of insur­
ance paid on the three claims was $149.50, an average per claim of
nearly $50.
The reports from all four of the auxiliaries indicate that the insur­
ance organizations are gaining in membership, and are becoming an
increasingly important feature of *the societies. The relief associations
connected with the Auxiliary to the Brotherhood of Locomotive
Engineers and the Auxiliary to the Brotherhood of Bailroad Trainmen
have already become beneficial institutions with a relatively large
membership.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

587

BELIEF AND INSURANCE ORGANIZATIONS OP BROTHER­
HOODS COMPARED W ITH R A IL W A Y RELIEF D EPART­
MENTS.
The benefit departments or insurance associations connected with the
brotherhoods of railway employees and the railway relief departments
exist for the accomplishment of similar objects by different methods.
The plans and methods of both organizations and the results accom­
plished by each have been fully set forth in this report and the paper
on Railway Relief Departments, published in the Bulletin, January,
1897. It remains now to compare the results achieved by the two
classes of institutions.
The brotherhoods that have a benefit department as a part of their
organization had a combined membership of about 97,000 at the close
of 1890. The increase during 1897 has carried the total a few thou­
sand over 100,000. The number of persons insured at the close of 1896
was about 79,000. The number at the beginning of 1898 is probably
nearly 85,000. The railway relief departments at the close of their
fiscal year 1897 had a total enrollment of about 122,000 members. The
membership at the beginning of the calendar year 1898 is approximately
125,000. During the years 1893 and 1894, when a conjunction of adverse
circumstances seriously affected the membership of the brotherhoods, the
growth o f the railway departments received but a slight check. The
brotherhoods have hardly regained their membership of 1893, whereas
the railway relief departments during the last four years have added
fully 30 per cent to their enrollment of members. How long the rail­
way departments will be able to maintain the lead they have secured
will depend upon the growth of the railway systems with which they
are connected, and upon whether other railway systems decide to estab­
lish such departments. The brotherhoods are at present growing
rapidly in membership and in prestige among railway employees. As
they have the entire body of railroad labor from which to draw, a few
years of prosperous growth will probably increase their present mem­
bership 50 per cent or more.
There are several difficulties in the way of making an exact compari­
son of the costs of securing an equal amount of relief and insurance
from the railway department and from the insurance organizations of
the brotherhoods. The insurance provided by the brotherhoods covers
death and total disability due to several causes, whereas insurance
claims are paid by the railway departments only upon the death of the
insured. Again, the brotherhoods leave the payment of sick benefits
to the divisions and lodges, while the railway departments include these
payments in their scheme of organization. Furthermore, the railway
departments do not pay the expenses of management out of the receipts
from members, these expenses being borne by the railroad companies.
The brotherhoods, however, with the exception of the Brotherhood of
Railroad Trainmen, charge some or all of the operating expenses to
the funds received from the insurance assessments.



588

BULLETIN OF THE DEPARTMENT OF LABOR.

In making comparisons, the fact ought also to be considered that cost
furnishes only one o f several criteria by which the merits o f a plan of in­
surance is to be judged. Safety is a factor of as much importance as
cost. The railway departments have been managed in a conservative
way, and they have a good financial basis. They are apparently finan­
cially safe institutions. The brotherhood insurance is organized on
the assessment plan, and its stability and safety are determined by the
confidence which the members have in the institution for the mainten­
ance of which they are required to make regular payments. Brother­
hood insurance, like fraternal insurance generally, has an advantage
over nonfraternal assessment insurance, because of the loyalty and
pride which the members feel toward their brotherhood or order. The
brotherhoods seem to have commanded the confidence of their mem­
bers, and this, is what might be expected. The members manage the
organization in a democratic way for their own good, and Assessment
insurance under such conditions has much more to commend it than it
has when managed by companies organized solely for insurance and
operated without the restraining influences that are exerted by the
motives and aims that animate the brotherhoods.
It has not been a part of the plan of this report to enter into a dis­
cussion of the relative merits of assessment insurance and levelpremium or uold-line” insurance; but the object has rather been to
describe the relief and insurance organizations that have been estab­
lished by the brotherhoods of railway employees, and to give as com­
plete and accurate an account as was possible of the nature and amount
of the insurance provided and relief actually afforded. The old-line
companies and the benefit departments of the brotherhoods issue cer­
tificates guaranteeing the payment of very different claims and benefits,
different both in amount and as regards the conditions under which
they are paid. Indeed, the purposes o f the two classes of organizations
are to a large extent different. This being the case, a comparison of
the benefit departments with the old-line companies would take us far
afield without yielding very important results.
An insurance organization composed of employees, besides providing
its members with insurance, produces indirect results hardly less im­
portant than the direct one it exists to accomplish. 66One result of
the establishment of relief associations in which the railway companies
and their servants unite for a common purpose is the cultivation of a
better relationship between employer and employed. Labor and cap­
ital are brought into friendly contact. This is to their mutual benefit
and for the good of society. I f the relief department contributes some­
thing to overcome the bitter feelings, the distrust, hostility, and strife
which have so often characterized the relations o f corporations and
their employees, that fact must argue much in its favor.” (a)
a Author’s paper on Railway Departments for the Relief and Insurance of Em­
ployees, Annals o f the American Academy, Vol. VI, p. 466.




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

589

The brotherhoods do not promote this cooperation of capital and
labor for the accomplishment of this desirable result, but they enable
the employees to unite and cooperate with each other in efforts to bet­
ter their ethical, intellectual, and material well-being. These efforts
have been attended with a large measure of success, and this success
has been in no small degree due to the relief and insurance features of
the brotherhood organizations. The benefit departments have aided
the brotherhoods in enlisting the interest of the railway employees,
have given the members greater loyalty to their brotherhoods, and have
strengthened those bonds of fraternal feeling which are so essential to
the vigorous growth of a labor organization. For these reasons it will
not be inferred that the comparisons of the expenses of securing relief
and insurance through membership in the railway departments and
in the brotherhoods constitute a discussion of the sole standard by
which the two plans of affording relief and insurance are to be judged.
Although a close comparison can not be made between the costs of
securing relief and insurance through the railway relief departments
and the costs o f securing benefits of an equivalent amount through
membership in a brotherhood, because of the dissimilarity in the relief
and insurance plans of the two organizations, it is possible to contrast
corresponding expenses with approximate exactness. For the purpose
of making such a comparison, two of the largest, oldest, and most
typical railway relief departments and two of the oldest and best
developed brotherhoods of railway employees have been chosen, and
the following table prepared, in which corresponding assessments,
insurance payments, and sick benefits are contrasted:
COST OF R E L IE F A N D IN SU R AN C E IN R A I L W A Y R EL IEF D EPAR T M EN T S A N D IN
TH E BROTHERHOODS COMPARED.
Insurance se­
Amounts paid per
cured by forego­ week for accident and
sick relief.
ing assessments.

Organization.

Total annual assessments.

Pennsylvania Rail­
road Voluntary
Relief
Depart­
ment.

Upon members with a
salary between $55
and $75 a month... $27.00

Payable on
d eath ... $750

Accident relief, $9 a
week for 52 weeks;
$4.50 thereafter.
Sick relief, $7.20 a
week for 52 weeks.

Baltimore and Ohio
Relief Depart­
ment.

Upon members with
a salary between
$50 and $75 amonth:
Operating trains.. $36.00
Others.................... 27.00

Payable on death
due to—
Accident$l,500
Sickness. 750

Accident relief, $9 a
week for 26 weeks;
$4.50 thereafter.
Sick relief, $9 a week
for 52 weeks.

Order of Railway
Conductors, W est
Philadelphia Di­
vision.

For insurance (average
per $1,000 for five
years, 1892-1896) . . $14.60
For weekly relief pay­
ments........................ 12.00

Payable on
death or
total dis­
ability. $1,000

Sick relief, $7 a week
for 52 weeks; $3.50
thereafter.

Brotherhood of Lo­
comotive Engi­
neers, CedarRap­
ids (Iowa) Divi­
sion.

For insurance (average
per $1,000 for three
years, 1894-1896) .. $15.61
For weekly relief pay­
ments (average for
five years, 1892-1896) 6.90

Payable on
death or
total dis­
ability. $1,000

Accident or sick re­
lief, $10.50 a week
for 52 weeks.

Total...................26.60




T o ta l................. 22.51

Funeral
Pay­
ments.

On death
of mem­
ber, $50;
on death
of wife
of mem­
ber, $25.

590

BULLETIN OF THE DEPARTMENT OF LABOR.

Tlie West Philadelphia Division of the Order of Railway Conductors
is a very large one, with over 200 members 5 the Cedar Rapids Division
of the Brotherhood of Locomotive Engineers is one o f average size,
with a present membership of about 65. Each division has maintained
a local relief organization for many years. In order that correspond­
ing assessments and benefits might be compared in the preceding table,
those assessments o f the railway relief departments were chosen which
are levied on the members who receive average wages. Each railway
department divides members on the basis o f wages into five classes.
The third or middle class is selected, and its wages probably correspond
with the average wages of the members of the brotherhoods here
considered.
The insurance secured by the assessments quoted in the table is not
the same in all four cases. The assessments securing an insurance
claim of $ 1,000 are given for both brotherhoods. The insurance pay­
ments o f the Baltimore and Ohio Relief Department seem much larger
than the payments made by the three other organizations $ but in
reality they do not average over $ 1,000, because three-fourths of the
payments are on account o f deaths due to natural causes, and only
one-fourth on account o f deaths resulting from accidents. The Penn­
sylvania Railroad Yoluntary Relief Department makes a smaller insur­
ance payment than the Baltimore and Ohio Relief Department does,
but this is offset by the smaller assessments, the accident and sick
relief afforded being about the same for each company. From the
description of the benefit departments given in preceding sections, it
will be remembered that the insurance payments of the brotherhoods
are made on death and total disability, whereas the railway depart­
ments pay insurance only on the death of the insured member. A part
of the expenditures made by the brotherhoods for insurance payments
covers claims which the railway departments classify as accident and
sick benefits. In those divisions of the brotherhoods where local relief
is provided for by the regulations of the organization, the members
are assured of slightly more assistance than is to be secured by mem­
bership in the railway relief departments. The local benefits of these
divisions are about the same as the accident and sick payments made
by the railway departments, but the member of the brotherhood who
becomes totally disabled as the result o f any one of several causes
receives the full amount of his insurance.
The total annual assessments differ but slightly, the showing made
by the brotherhoods being a trifle better than that made by the rail­
way departments. The Philadelphia Division makes a somewhat
smaller weekly relief payment than the railway departments make,
but this division provides for funeral payments, that doubtless make its
total payment about as large per individual aided. The annual relief
assessments of the West Philadelphia Division are considerably larger
than those levied by the Cedar Rapids Division. I f the latter were to




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

591

make funeral payments, its assessments would necessarily be larger.
The relief assessments of the Cedar Rapids Division are lower than
sucli assessments usually are. During the first five years that the
Cedar Rapids Division made relief payments the assessments were
lighter than they were for the next quinquennial period, 1892-1896, the
one taken in the above table; and the indications are that the assess­
ments will average somewhat higher in the future than they have
during the past five years.
The general conclusion to be drawn from the foregoing details of
comparison is the rather negative one that the cost of securing equiva­
lent amounts o f insurance and relief is practically the same in the
railway departments and in the brotherhoods, and that if membership
in one organization is preferable to membership in the other, it is
because o f considerations other than cost. The aims and purposes of
both the railway departments and brotherhood departments and their
I>lan of organization have been set forth in this report and in the one
previously published in Bulletin No. 8. Whoever accords greater merit
to one than to the other of the two plans of relief and insurance can
not justly condemn either. Both are beneficial institutions.
THE PRESENT POLICY AND PROBABLE FUTURE OF THE
BROTHERHOODS.
The future of brotherhood insurance and relief of railway employees
depends upon the future management and development of the broth­
erhoods. A brief discussion o f the policy now being followed by the
leaders of the brotherhoods, both concerning the organizations as a
whole and as regards the insurance or benefit departments, and a brief
consideration o f the ideals that should be cherished by those who are
to influence the development of the departments, will present some of
the conclusions to which this study has led.
The brotherhoods are growing in membership and influence. The
statistics contained in the preceding section show this very clearly
regarding the four large brotherhoods. What is true of them is also
true o f the Order of Railroad Telegraphers, which was not included in
the statistical tables because it had not yet organized an insurance
department at the time of the preparation of this report. The showing
made by the two smaller brotherhoods is unduly unfavorable to them.
Tbe organizations were young and were just acquiring vigor when the
very exceptional events of 1893 and 1894 occurred. Had they been
older and larger organizations they would have weathered the storm
without serious losses; but, being as they were, they were nearly
wrecked. They have now regained their confidence and vigor, and
their future promises well. The small brotherhood that suffered most
from the organization of the American Railway Union was the Switch­
men’s Union. The successful reorganization of that union took place
during 1897.




592

BULLETIN OF THE DEPARTMENT OF LABOR.

The struggles through which labor organizations have been obliged
to go in order to secure their due meed o f legal protection are well
known. Among the recent laws of importance to the progress of labor
organizations is the one passed in 1897 by the State of Pennsylvania,
entitled u An act to protect employees of corporations in their right to
form, join, or belong to labor organizations by prescribing penalties for
any interference therewith.” The enactment of this law, which is similar
to statutes enacted by some other States, was prompted by the practice
o f a Philadelphia street railway corporation and a large railroad com­
pany doing business mainly in Pennsylvania. For many years the
railroad company refused to permit any of its employees to belong to
labor organizations. The passage of this law after two years of effort
is an illustration of the efficiency of the organizations of railroad
employees. They cooperated with each other and with other labor
organizations, and were ably and conservatively led.
Successful cooperation among labor organizations for the accomplish­
ment o f conservative ends is evidence that the organizations have
passed the experimental stage of their development and are being ably
managed. It is a fact of much significance that the brotherhoods
of railway employees have perfected a plan o f federation that will
enable them to cooperate in carrying out some o f their common purposes.
The brotherhoods were prompted to form “ an alliance for the mutual
advancement and protection of the interests of the railway employees
o f America ” because o f the conviction that such a federation would
give them greater prestige among railway laborers outside of their
organizations, and because they believe that by acting as a unit the
brotherhoods can limit the number of strikes by preventing the inau­
guration o f any strike by any one brotherhood without the sanction of
the others. They believe that by acting together they will make more
conservative demands of their employers, and that the demands thus
made will be apt to be granted because of the greater strength of the
federation as compared with an individual brotherhood.
The plan o f federating the brotherhoods was not an altogether new
one. In 1889 a federation called the United Orders of Railway
Employees was entered into by the Brotherhood of Locomotive Fire­
men, the Brotherhood of Railroad Trainmen, the Switchmen’s Mutual
Aid Association, and the Brotherhood (not the Order) of Railway
Conductors. The Brotherhood of Railway Conductors, it will be rememf
bered, was established in 1888, because of the opposition which the
western conductors had to the nonprotective policy maintained by the
Order o f Railway Conductors—the policy of prohibiting members from
participating in strikes. In 1890 the Order of Railway Conductors
voted to adopt the protective feature, and a year later decided to join
the united orders $ but just at this time a disagreement between two of
the united orders led to the disruption of that federation. The time
was not then ripe for successful federation. The brotherhoods did not




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

593

have the requisite degree of confidence in each other, and the leaders
of the federation movement were too radical.
A plan of federation by systems of railways, optional with the divi­
sions and lodges, was adopted in 1895. The grand chief conductor of
the Order of Railway Conductors reports that this plan “ has been
adopted on many roads and has proven beneficial in many instances.”
This form o f federation, which received the approval of all the five
large brotherhoods, provided for the cooperation “ through their gen­
eral committee or boards of adjustment.” Each brotherhood has one
general grievance committee or more for each railway system, and the
chairmen o f .these committees of the several brotherhoods “ constitute
the general federated committee for that system.” It was expected
that.federating by systems would lead to the adoption of a general
federation embracing all the members of all the large brotherhoods^
and such was the result.
The last biennial conventions of the conductors, firemen, trainmen,
and telegraphers each appointed a committee to confer with the repre­
sentatives of the other brotherhoods and formulate a . plan of general
federation. The committee met in Peoria, 111., October 12,1897. The
grand chief o f the Brotherhood of Locomotive Engineers was present
and participated in the conference, although necessarily in an informal
way, because he had not been delegated with authority by his brother­
hood. A plan o f an organization entitled the Federation of Ameri­
can Railway Employees was formulated, and this was submitted by
three of the brotherhoods to the divisions for approval or rejection.
The representatives of the telegraphers, acting on the power delegated
to them, accepted the plan without submitting it to the vote of the
divisions. The grand chief of the Brotherhood of Locomotive Engi­
neers promised to submit the plan to the grand convention of the
brotherhood, which met in May, 1898. (a)
Without taking space to present a full outline of the plan of federa­
tion that has been worked out, it may be said that a general executive
committee, consisting of the chief executives of the several brother­
hoods, is intrusted with the management of the general business of the
federation; is charged with the duty of watching “ national legislation
which involves the interests of the membership and upon which the
committee is agreed,” and is made the leader of any strike that may be
inaugurated. The brotherhoods give over the power to inaugurate a
strike to the federated boards, of which there is one for each large
railway system. Section 6 of the articles of federation provides that
“ Each organization, party to this federation, shall have regularly
established local and general grievance committees or boards of adjust­
erThe opposition to federating with the other brotherhoods was so strong in the
convention that the Brotherhood of Locomotive Engineers did not enter the feder­
ation. The four other large brotherhoods, however, have federated. The organiza­
tion went into effect April 1, 1898.




594

BULLETIN OF THE DEPARTMENT OF LABOR.

ment on each system of railway, as provided ill tlieir laws. The chair­
man and secretary of each general committee or board of adjustment
for the system, together with the executives of the organizations, or
their duly appointed associate officers, shall constitute the federated
board for that system of railway.” Each brotherhood deals, as formerly,
with the grievance until it reaches the point o f deciding upon a strike,
then the adjustment of the grievance is undertaken by the federated
board for the railway system against which the grievance is held. If
the federated board is unable to adjust the trouble it may inaugurate
a strike. When the board votes on the question of a strike each
brotherhood has one ballot, and the vote in favor of a sfrike must be
unanimous in order to carry.
This federation of the brotherhoods is a movement in the direction
of conservatism rather than radicalism. Each of the brotherhoods has
the “ protective feature,” and without federation each has the power of
inaugurating a strike. The chief executive officer of one of the broth­
erhoods says that by means of the Federation of American Railway
Employees, “ It is sought to combine the wisdom of the representatives
of the several organizations and to prevent any hasty, extreme meas­
ures being taken by any. You will note that no cause can be pushed
to the extreme o f a strike unless it has the indorsement of the organi­
zations in the federation. The combined moral influence of the repre­
sentatives of the organizations must first be expended. Their united
judgment must support the cause. In this way it is believed and hoped
that no mistake will be made. On the other hand, if a strike is inaugu­
rated it will have the united strength of tlie organizations behind it.”
The federation of the brotherhoods does not directly affect the relief
and insurance organizations maintained by them, but it will inevitably
have an indirect influence upon the success o f those organizations by
strengthening or weakening the brotherhoods. The successful federa­
tion of the brotherhoods can not fail to strengthen them by increasing
their prestige and their membership. On the other hand, if federation
should lead to the adoption of a radical programme o f action, the oppo­
sition to the brotherhoods might become strong enough both to disrupt
the federation and to check the growth of the several brotherhoods.
The indications, however, do not point in the direction of radicalism,
and federation promises to enhance the future development of the
relief and insurance feature of the brotherhood organization.
One prominent feature of the insurance organization connected with
the brotherhoods is the requirement made by the large brotherhoods
compelling all members to carry insurance unless disqualified by age
or physical condition. Three of the four large brotherhoods made
insurance voluntary at the start, but afterwards all three adopted the
compulsory plan. The two smaller brotherhoods, however, have vol­
untary insurance at present, the trackmen having changed from the
compulsory to the voluntary plan at the close of 1896. The experi­




RELIEF AND INSURANCE OF RAILWAY EMPLOYEES.

595

ence o f tlie brotherhoods indicates that the compulsory plan is practi­
cable after the organization has become large and strongly intrenched
in the favor of its members, but that a young and small organization
may find that compulsory insurance makes it more difficult instead of
easier to secure new members. Even among the members of the large
brotherhoods there is some opposition to compulsory insurance, but
the number so opposed is apparently small.
There are advantages gained by making insurance compulsory.
From the standpoint of the brotherhood as a whole, the benefit con­
sists in the greater stability that the society possesses, because its
members are bound to it by stronger ties. The holder of an insurance
certificate must feel that his brotherhood stands to him for more than
it would if he were not insured, and he will be less disposed to sacrifice
his membership when placed under the stress of unfavorable circum­
stances. The advantages accruing to the insurance organization from
the compulsory plan are those which accompany a larger membership.
Compulsory membership enables the insurance department to perform
more completely the insurance and relief work that it exists to accom­
plish. Viewed as an agency for the promotion of the material welfare
o f railway employees, the adoption of the compulsory feature seems alto­
gether desirable. The brotherhoods are voluntary fraternal organiza­
tions, no employee being compelled to join them; consequently their
compulsory insurance feature is not open to the objections that are
often raised against compulsory State insurance as it has been devel­
oped on the continent of Europe.
In one particular the brotherhood plan of relief needs further devel­
opment. The field of death and disability insurance is well occupied,
but the relief work is not organized in all divisions. Many divisions
have excellent relief organizations, while others make only those pro­
visions for the care of members that are usual with fraternal organiza­
tions. It should be the aim of the brotherhoods to round out their
system of affording relief and insurance by bringing about the estab­
lishment of a local relief organization in connection with each division
or lodge. Whether this could be accomplished better by general regu­
lations adopted by the grand conventions or by means of agitation
carried on through the official journals and through discussions in the
divisions and local conventions of the divisions is something to be
determined by those whose experience in the management of the broth­
erhoods has taught them how a plan such as the one here proposed can
be carried out most satisfactorily.
I can not close this section of the report and the report as a whole
more appropriately than by quoting a paragraph recently penned by
the grand chief conductor of the Order of Railway Conductors:
u These brotherhoods have never been in a better condition. They
have been tried as if by fire during the past few years. Their unswerv­
ing devotion to their fundamental principles and their manifested deter­




596

BULLETIN OF THE DEPARTMENT OF LABOR.

mination to stick by their laws and the right has inspired a confidence
in them on tne iiart of their membership as well as on the part of the
emjdoyers of that membership and such of the public as have taken
the trouble to look into the subject. I consider their future prospects
bright, and I have as abiding a faith in their permanency and success
as I have in the eventual triumph of the right,”
These words of hope and confidence bespeak a certainty as to the
future that is based on a successful past. There is every indication
that the brotherhoods of railway employees are destined to enjoy a
large development in the future. No feature of their organization will
contribute more to their progress than the departments which they
have so successfully maintained for the relief and insurance of their
members.




THE NATIONS OE A N T W E B P.
B Y J. H OW ARD GORE, PH. D ., COLUMBIAN U N IV E R SIT Y.

Antiquarians have sought to show that even in the origin of its name
the commercial importance of Antwerp in the early ages is confirmed.
They declare that the word in its primal form was aen H tcerp, the port,
and they assure us that it was neither chance nor caprice that caused
the Saxons to establish the camp which is now the site of the maritime
metropolis of central Europe.
In the coat of arms of this city the three hands perpetuate the legend
of the cruel Druon who caused to be cut off the right hand of each cap­
tain who essayed to steer his boat up the river past his castle without
paying the demanded toll, while the term Hand werpen (Antwerp) indi­
cates the destination of the severed member. So both history and
legend bear testimony to the fact that Antwerp has always been what
it is now—a center of traffic and commerce.
In the first years of the twelfth century Antwerp passed under the
dominion of the dukes of Brabant. The well-regulated government
which it now enjoyed, together with special privileges accorded to men
engaged in trade, were instrumental in bringing about a rapid growth
of the city, and as early as 1315 the formation o f the Hanseatic league,
or association, was one of the results. The benefits of this society were
so apparent that it was soon followed by the Hesse establishment, and
with it the laying of the foundations for the largest banking houses
ever known.
When Flanders came into the possession of Charles Y it monopolized
the attention of his subjects even in other lands, and in a short time
the merchants o f the Mediterranean were making Antwerp their port
and located within its walls their enormous warehouses. It was evi­
dently this congregation of peoples of different nationalities, with the
clannish instincts that hold related people together and unite them in
their competition against others, that suggested to Jan III the advisa­
bility of organizing the merchants of Antwerp and Brussels into natie
or nations. A t first this racial division coincided quite closely with a
classification by trades or byline of commerce pursued, but the former
breaking down by intermarriage and other causes before the latter was
subjected to much change the word u nation ” became applied to persons
engaged in handling like articles of trade.
Under the favorable conditions already referred to the merchants
outgrew a single line of trade and a classification upon such a basis was
no longer possible. But while pursuing restricted channels of com­
merce their workmen had acquired a particular aptitude in handling
the goods in which their employers dealt, and as they could not pass
597



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BULLETIN OF THE DEPARTMENT OF LABOR.

over to new lines o f activity as rapidly as tlie merchants could they
took up the discarded cognomen of “ nations” and differentiated labor
found its beginning. That this is a correct hypothesis can be seen in
the fact that in a few years the nations at Brussels died out altogether
although the number o f merchants continually increased in number
there, but there was not a corresponding addition to the number of
workmen, as was the case in Antwerp, where large quantities of mer­
chandise passed in transit.
From this time on the nations were regarded as a sort of guild, with
this important difference: The guilds sought by a variety o f means to
improve their methods, having in view the turning out of better prod­
ucts. Their membership was made up of craftsmen. On the other
hand, the nations were mere laborers united for self-protection rather
than to stimulate one another in increasing their effectiveness, and the
membership was made up of the nontechnical class. They were in no
sense dealers, and it was not until 1787 that it was deemed necessary
to stipulate that such a lax organization might be regarded as collect­
ive owners of property, either personal or real. This stipulation came
as an imperial edict, and lent emphasis to the societies then in existence.
Just how many there were at this time is not known. The first state­
ment o f a statistical character is that of 1829, when it is mentioned
incidentally that there were thirty odd nations in Antwerp; but there
is a record in the city’s archives that in 1668 rules for the guidance of
the nations were drawn up, and again in 1802 they appear to have been
amended. In 1820 the city, in recognition o f their importance, granted
them certain privileges and facilities for carrying on their work. As
there is no mention of any subsequent modification of their plan of
organization, it is likely that they are now observing rules which were
then in force.
The nations, as we now find them, are the results of unrestricted
growth—that is, uninfluenced by governmental interference or legisla­
tion; hence they may be regarded as the normal outcome o f the efforts
of groups of laborers seeking to protect themselves without endanger­
ing others, and to enjoy privileges that do not transgress the rights of
fellow-men, and at the same time to reap the benefits of their own
strength and intelligence.
A nation may now be defined as an organization of workmen forming
a limited society in which every member is a shareholder. The word
“ limited” does not signify a limitation as to the responsibility of each
member, but a restriction as to the function and number of members.
While each share represents a member, and vice versa, still it is possi­
ble to increase both at will. When a new member is taken in, if the
capital does not need replenishing, the money he pays for his share is
divided pro rata among the members already forming the society, the
amount paid being determined by dividing the estimated capital, count­
ing good will as an asset, by the number of members. From this it




THE NATIONS OF ANTWERP.

599

will be seen that no one would seek membership in a nation whose treas­
ury is so low as to be iu need of a member’s share, and likewise it will
be apparent that a member of a nation which is known to be paying
poorly would find it difficult to dispose of his share. Such a member
is obliged to retain his holding, hoping for a fortunate turn in the affairs
of his nation.
The restricted function referred to is a survival of the circumstances
which surrounded the formation of the nations—that is, each nation
occupies itself with the handling of a certain line of merchandise, either
in loading it upon vessels, unloading it, or transporting it from boat to
warehouse or to the cars. In later days the restriction goes still fur­
ther—that is, the particular merchandise must come from a certain
country. Thus several nations will unload wool, but one will discharge
a cargo of wool from Buenos Ayres, while another would have to be
called upon if the wool came from Australia. This differentiation has
resulted from the fact that in the early days the nations were the offi­
cial, or at least the recognized measurers, weighers, or inspectors, and
hence the men who were competent to serve in such capacities upon the
products of one country might not be able to act when similar articles
came from another land. Then, again, the nation would become familiar
with the methods of stowing employed at a certain port, and thus be
able to discharge a vessel from that port more quickly than could be
done by any other nation.
In time the nation would become possessed with the implements
needed for the ready handling of such articles as came within its line
of work, so that a newly organized nation would find it difficult to dis­
place one already established, and consequently would be obliged to
select some unoccupied field. This field would naturally be limited and
the character of work correspondingly specialized. From this it can be
seen that the elaborate differentiation of labor here in force is the nat­
ural outcome o f the way in which the nations came into existence, and
it is evident that its continuance is assured, because a society with
restricted lines of work can become proficient in those lines, can acquire
the best implements and appliances for their performance, and thus
give to their employers the best possible service while securing for its
members the greatest remuneration. This naturally suggests a train of
monopolies with the attendant opportunities for extortionate charges,
since there is no limitation as to the prices that may be demanded. But
on the other hand there is no statutory limit as to the number of nations
that may be formed. Any overprosperity on the part of one would
soon call competing societies into existence or cause a shipper to appeal
to a nation whose line of work was so closely related to his that it could
profitably to both undertake the contract in question. There is, there­
fore, this possibility of calling upon competitors that keeps the prices
normal. It may be suggested that the same would be true of individu­
alized labor. Then wherein do the nations possess merits that have




600

BULLETIN OF THE DEPARTMENT OF LABOR.

secured for them their uninterrupted existence during so many genera­
tions f The answer can be seen in their organization and methods.
The nations as we now find them are joint-stock companies, in which
each member is the holder of one share and contributes his services as
well as the use of his money to the welfare of the society. The num­
ber of members varies in the different nations and is not stable even
in any one, changing with the varying fortunes or commercial activity
of Antwerp. The average membership of a nation is between twenty
and thirty, although some of the more important, as the Wyngaardnatie and the Noordnatie, have from fifty to sixty members. The
members elect their own officers—the dean, assistant deans, and in
some cases a secretary. In the larger nations each subdean has some
special function ; thus one to look after the horses, their purchase and
care, another is the supervisor of work on the docks, and another is
charged with the task of clearing the cargo of its custom-house regu­
lations. These officers serve without extra compensation, except in
some cases an allowance is made for car fare, and in addition, to the
duties that would naturally fall to them, they constitute the council
which adjusts all matters in controversy and considers all new ques­
tions that may arise. The authority of the dean is supreme in every­
thing that pertains to the routine work of the nation. He makes all
assignments of tasks, receives the reports of all the parties that work,
makes contracts, and deposits in bank the money received for each job.
The outward workings of a nation resemble somewhat a patriarchal
form of government. On every week day morning, and, in busy seasons,
on Sundays as well, all the members who are able and who are not already
engaged upon some contract assemble at headquarters half an hour
before it is time to begin work, and* receive assignments for the day.
This allotment of tasks by the dean is not subject to open criticism or
refusal, but he is doubtless guided in making the assignments by a
knowledge o f each man’s special fitness or influenced by his recent
labors. Those for whom there is no work have the day free without
suffering any diminution in their share of the society’s profits; but they
are not allowed to hire themselves to others, since such labor would, by
unfitting them for the duties of the morrow, detract from their earning
capacity when working in the interests of the society. In the evening
those who were occupied during the day report to the dean, and a rec­
ord is made of the place and character of the work upon which each
man was engaged. This record is rather a check upon the work than
upon the workmen, and at the present time, when the members are
overseers and not workmen merely, these reports are made up only
upon the completion of the work. When the task is finished the dean
collects the entire amount due the society and places it in bank as a
part of the general fund. A t the end of the month, or more frequently
in the case of the weaker nations, a balance is struck and the net
receipts are divided equally among the members, regardless of the




THE NATIONS OF ANTWERP.

601

number of idle days of each. Usually there is a maximum limit to tlie
sum paid to each member as his share of the month’s profits. In case
the earnings during any month should justify a dividend in excess of
this limit, the overplus is reserved to help out those months when work
is slack or to contribute to the sinking fund, out of which to meet any
emergency that may arise. As might be expected, these emergencies
are of frequent occurrence and come in the shape of damaged machin­
ery, broken wagons, or the need for more horses. Likewise those who
are unable to work because of sickness or injury received in the dis­
charge of duty fare equally with the others. However, this benefit is
restricted to a definite number of months, never exceeding four. I f
the member should be incapacitated for work for a period in excess of
the limit granted in his nation, he may be carried as a noncontribut­
ing member and receive a sum equivalent to the amount paid each
active member diminished by a fair estimate of a month’s wages—that
is, he receives a dividend upon his share of the nation’s earning assets.
Or if the member has a son old enough to take his place, the son, if
acceptable to the other members, can become a member by having his
father’s share transferred to himself. Then he assumes the support of
the family.
When a member dies his share may pass by inheritance to a son or
it may be sold at auction for the benefit of his heirs, but in any event
the new member must be acceptable to the others. In the more pros­
perous nations shares command a premium, varying with the condition
of the society. Since no member can own more than one share, there
is no temptation for one to belittle the financial condition of his nation
in the hope that he may secure a proffered share at a depreciated
value. But, on the other hand, the profits of a nation are not matters
of record, nor are its affairs open to official inspection, so nothing more
authentic than impression or hearsay can suggest the value of a share.
The profitable purchase of a share is therefore to a certain extent
purely a matter of chance, unless some friend of a member has received
trustworthy hints.
The nations have their own rules or by-laws, but, being secret socie­
ties, it is practically impossible to find out just what they are. But it is
known that the spirit of the “ golden rule” pervades them, and that
they are in general restricted to regulating the duties and obligations
of the members toward one another. Fines are imposed for certain
offenses; for instance, if a member fails to report each morning, unless
sick or known to be engaged upon an assigned task, he pays a fine, and
if the absence occurs twice within a month the fine is quadrupled,
while a third offense would result in dismissal. Perhaps the most
unique rule is one that exists in several of the nations, which prescribes
that if one member summons another against his will as a witness he
must pay an honorarium for every day thus detained ; and if one member
causes the arrest o f a colleague he must pay the wages during the
G3C8—JNo. 17----- 7



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BULLETIN OF THE DEPARTMENT OF LABOR.

period o f arrest, but if tlie culprit is found guilty no compensation can
be demanded.
The secret of the success which has during so many years attended
the nations lies in the fact that each member in looking after his own
interests by assiduous and well-directed labor contributes to the welfare
o f all.
The nearest approach to an authentic financial statement as to their
condition is obtained from the decennial report which each nation sub­
mits to the local authorities showing its nominal assets and liabilities.
From the accounts rendered in 1890 it is seen that the richest nation
had a capital of $180,000, divided into shares of $5,000 each, and the
next one in wealth had a capital of $168,000, divided into shares of
$4,000. Of the actual assets the world at large knows but little beyond
the fact that they consist of a number of magnificent draft horses, per-,
haps the finest in the world, wagons, stables, and such implements and
appliances as are needed in the work. One of the most important items
in the list of assets is u good will,” which comes from the reputation of
the nation.
The reputation for honesty and celerity means much to a nation.
Since the Belgian laws do not recognize cooperative bodies, the nations
can not be compelled by any legal procedure to observe a stipulated
contract, and still each one must enter into contracts daily. The other
party to the agreement may be forced into compliance, for he is a mer­
chant or shipper, an individual or recognized firm. A s such he would
not treat with a nation unless fully persuaded that the conditions of
the compact are sure of being observed in every particular. It also
happens that goods may be taken to the docks too late to be placed on
board. The shipper does not concern himself about that, for he knows
that the nation will protect them, not because it is legally bound to do
so, but because it is to the interest o f the nation to establish or main­
tain its reputation for looking after the interests of its employers. Any
dereliction of duty or violation of an implied trust would seriously affect
a nation, perhaps beyond reparation.
In the summer o f 1897 there came to the writer’s attention an instance
o f a nation’s determination to make amends for the mistakes of some of
its members. One of the nations had discharged a vessel of its cargo
o f lumber, but in piling up the timber the men had put some of it nearer
the boiler of a neighboring sawmill than the rules of the dock permitted.
The owner of the lumber was notified that it must be moved, and as
soon as the measurement of the distance was verified and it was found
that one pile was a few meters nearer than was permissible, the owner
simply notified the dean o f the nation whose members had made tlie
mistake and he had the lumber moved without delay and without any
cost to the owner. I f any fine had been imposed, the nation would have
paid it. Then again, just a short while before this, a nation had agreed
to remove a boiler from a steamer as she lay at the dock and to lower




THE NATIONS OF ANTWERP.

603

another into place. The first part of the undertaking was completed,
but just as the new boiler was hoisted and swung clear of the dock the
chain broke and the great mass fell upon the side of the vessel and
dropped overboard into the water. The vessel was damaged, the hoist­
ing machinery broken, the boiler had to be overhauled, and a penalty
paid because the steamer had remained overtime at the dock. All of
these charges the nation met and every effort was made to hasten the
work to its completion.
Of course, cases may be cited in which a nation has violated its con­
tract, but it is apparent that by so doing it jeopardizes its good name,
and without the reputation for honesty a nation would soon be without
patrons. With their large capital and numerous members it is impor­
tant that patronage be gained and not lost.
As has been said, the nation can not as a corporate body be sued,
and thus forced to observe contracts or make restitution for losses
which they may occasion, but by common consent their differences,
like those between individual laborers and their employers, may be
adjusted by the Oonseil des Prud’hommcs. But this council is so
notoriously in sympathy with the laboring classes that to carry a case
to it is practically to acknowledge that the employer is in the wrong
and merely wishes to know how easily he “ may get off.” The nations
know this to be true and avoid just as far as possible forcing their
clients to intrust their differences to this body for adjudication. The
more responsible ones at least prefer to be temporary losers than suffer
a permanent injury.
The other efficient cause mentioned as promoting the success of the
nations is celerity.
Napoleon, appreciating the wisdom of the early traders who used
Antwerp as a port of entry, and realizing its importance in time of
war, determined to increase its usefulness by improving the docks and
deepening the river. He began this great work and saw the verification
of his anticipations, while subsequent generations have shown their
approval by continuing the work as begun without materially modify­
ing his plans.
The general scheme provides for a continuous dock along the entire
city front. It is substantially built of stone and covered with fire-proof
sheds. But even these facilities are limited, so they have been supple­
mented by the construction of a large number of basins. These are
connected with the river by means of canals through which the smaller
craft are taken at a suitable tide and then locked in. The basins are
specially designed for certain lines of merchandise and are conse­
quently provided with all the appliances needed for handling such
cargoes.
Along the dock extends a series of parallel railroad tracks, inter­
sected occasionally by transverse tracks with a turntable at each
crossing, making it possible, however crowded the tracks may be, to




604

BULLETIN OF THE DEPARTMENT OF LABOR.

bring a car to the side o f a vessel at whatever place at the dock she may
lie. Between the rails o f the track nearest the face of the dock there
runs a water main, kept continually charged with water at high pres­
sure, and every few yards a water plug is provided. Hydraulic cranes
and hoisting engines are mounted on movable cars, and whenever it is
desired to unload a vessel one of these hoisting devices is rolled into a
convenient position by her side, an attachment made to the nearest
water plug, and anyone knowing how to open and shut the appropriate
valves can lower the heavy cable into the ship’s hold and at a given
signal lift a weight of tons, if need be, swing it clear of her side, and
deposit the load on the dock or on a car standing conveniently near.
Capstans at frequent intervals, driven by turbine wheels fed from these
same pipes, serve as an excellent and ever-ready motive power. I f it
is desired to bring a vessel up to the dock or to draw a car along the
track, it is only necessary to take the free end of the attached rope,
make a few turns around the head of the capstan, and press the lever
at the side $ the capstan revolves, winds up the rope as slowly or as
rapidly as may be wished, and the great vessel swings into place or the
train of cars is set in motion. The great facilities here suggested for
handling freight and shipping are augmented by natural advantages
and felicity o f position. Situated somewhat near the center of gravity
o f the great continent of Europe, lying upon a river whose channel is
readily kept deep and clear, and having a tide sufficient to prevent
ice from forming or to carry it out to sea if formed, and in close con­
nection with the capitals, commercial marts, and manufacturing cities
o f Europe, it has not been difficult for Antwerp to retain and even
increase its importance as a port of entry.
In addition to these advantages, Belgian laws are favorable to the
importer who expects to find sale for his goods in neighboring countries,
especially in the length of time dutiable articles are permitted to
remain in bonded warehouses, and the ease with which they can be
removed for transportation across the boundary for delivery to foreign
purchasers without the payment of duty to Belgium.
The large amount of shipping thus enticed to Antwerp would prove
a source of embarrassment if vessels were granted unlimited time in
which to discharge 5 therefore hard and fast rules are in force plainly
stating to the hour the length of time a ship may remain at the dock or
in a basin, and for each hour in excess o f the time permitted a double
charge is made. To insure the unloading of a vessel within the allotted
time it is necessary that all should be in readiness by the time of
arrival, that a sufficient number of men be available, and that they
possess the requisite skill for handling the cargo in question. W e have
seen that the nations are skillful and that they acknowledge their lia­
bility to faithfully perform every contract entered upon. One of the
most important items in the contract for unloading or loading is that it
be done on time. This is the celerity referred to.




THE NATIONS OF ANTWERP.

605

When a vessel passes Flushing goingin, its coming is telegraphed to
the consignee in Antwerp. He at once secures from the captain of the
port a place at the dock, or in the basin, and then calls upon the appro­
priate nation, telling its dean the size of the ship and the disposition to
be made o f the cargo. If the conditions are normal the employer knows
from the tariff of prices what the charges will be, and consequently
wastes no time in useless bartering. The time at which the ship will
reach the dock is easily determined from the conditions of tide and
weather, and the consignee rests satisfied that at the earliest possible
moment the work of unloading will begin and will continue with the
minimum o f interruption until the task is done.
It is interesting to watch, for example, a Bussian steamer laden with
grain come into Antwerp. Even before the last line has been made
fast members o f the Valkeniers nation are on board, and if the cargo
in part or in whole is destined for the interior, as many canal boats as
can touch the steamer will be at once tied to her and the work of
unloading will begin. It looks as though boats manned by pirates had
risen from the sea and the steamer’s crew had delivered up the cargo
without a protest. Vessels of 10,000 tons can be unloaded in seven tytwo hours, and as the members frequently work eighteen hours a day
this means only four days. To one acquainted with the dilatoriness of
Belgian workmen this will appear as a marvel of celerity.
It will readily be seen that this amount of work could not be done in
the given time by the largest nation, even if it put its entire member­
ship upon the job. The nations, therefore, are compelled to call in extra
workmen. More than thirty years ago they realized that if in a busy
season they should increase their membership sufficiently to enable
each to do all the work that legitimately fell to it, there would be during
the dull season too many among whom the meager earnings would have
to be divided. To keep this unfortunate condition from arising, they
concluded to supplement their working force by hiring laborers instead
o f adding to their membership whenever the demands were so great as
to require an extra force. They thus became employers, or rather con­
tractors, and each member is now a foreman or overseer whenever there
is a rush of work.
We now find the nations, as a rule, a body of contractors, but each
member spends his time as profitably as a foreman as he could formerly
as an active workman. The relation between supply and demand can be
better adjusted now, because a nation can increase or diminish its force
o f laborers to meet the exigencies of each day. The laborers must take
their chances in finding employment, and are in the main obliged to
look to the nations for work. Inasmuch as the nations employ only
when the amount of work is more than they can handle, the workmen
are simply a sort of reserve force. They can never become members of
a nation because of a lack of capital, and if a man becomes an habitual
employee of one nation he will be valuable to that nation, but hardly so




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BULLETIN OF THE DEPARTMENT OF LABOR.

much so to another; so that while he specializes himself he narrows his
opportunities for securing employment. Then, again, the thirty or forty
members o f a nation, with their individual preferences and prejudices,
may drop their workmen at any time and take others into their service.
It is, therefore, questionable if the nations benefit the laborer as much
as they benefit the shipper. The latter can always be sure o f finding
a contractor to load or unload his vessel, and that the price will be just,
but no laborer can be sure of being called upon to assist in the work.
When, however, a man is employed he receives good wages. A freighter
receives from 70 to 80 cents per day, with 10 cents an hour for extra
work; those who work on the docks receive from 55 to 70 cents per
day, while the stowers receive $1.60 per day. But the work is hard
and the taskmaster is one of a joint-stock company, whose xirofits will
depend in part upon the amount of work which he can get out of the
men under him.
Perhaps the best effect of this system is the practical immunity which
it insures against strikes, and strikes among longshoremen are always
exceedingly demoralizing, since they bring about a congested condition
of the shipping which started before the strike began and can not be
deflected en route. The way in which this result is achieved is prac­
tically as follows: The members of the nations having capital as well
as time invested can not afford to endure enforced idleness, so even if
they offered lower wages than the workmen could take they themselves
must work all the harder to keep their contracts as well as to secure
dividends as members. Then, again, if a nation should refuse to take
a job that legitimately fell to it, other workmen would organize a nation
and go into business with the assurance of receiving in perpetuity the
work of the shipper in question. There is a due appreciation, or per­
haps even ah exaggerated appreciation, in the minds o f tho people of
Antwerp as to the earnings of the nations, and the only deterrent to
the enlargement o f the number is the fact that the present number
covers all the lines of merchandise that come into this port. As said
before, it is the character of the cargoes that fixes the number of nations,
and not the amount of the shipping. Consequently if a nation should
refuse to undertake a certain iiiece of work, it would by so doing serve
notice that it would no longer work in that line. The gap thus made
would be promptly filled by the organization of a new nation. As the
number of nations has remained apj)roximately the same for half a
century, it can be seen that the inclination to strike has not been very
strong among the dock laborers. In avoiding strikes the nations are
more efficient than individual emxfioyers could be, for each employer of
this class would have under him foremen who migl*t be benefited by an
increase of wages, even if they held out for some days. They would
lose nothing more than their time, and, not being specially interested in
the welfare of their employer, they would not always strive to make the
workmen so satisfied with their work and wages that a demand for




THE NATIONS OF ANTWERP.

607

improved conditions would not suggest itself. As already stated, tlie
foremen, in the nations are the members, so that the interest of the
employer is their interest, and, coming close to the workmen, they can
avoid in time dangers which might otherwise culminate in a strike.
The nations work at least one injury upon the workmen in their
employ. A large proportion of the wives of the members of the nations
keep small restaurants, and the workmen feel it incumbent upon them­
selves to patronize the wives of their employers. In their ready yield­
ing to this conviction they doubtless spend more of their wages in
drink than they otherwise would do. From the relations here described
as existing between the laborer and the nation it will be seen that
many of the problems as to the relations between employer and
emjdoyee are present, the only difference being that they are forced
down upon a somewhat lower plane, for the nation’s laborer occupies
about the same relative position to the nation that the nations bear to
the employer who gives them a contract. There are here, one may say,
three classes, with the day laborer occupying the lowest and the
nations coming in an intermediate position between him and the real
employer, so that the questions which the employer would ordinarily
have to settle with the workmen here fall to the nation. I f the
emplo3^er has not been elevated by this interjection of the nations, the
laborers must be depressed.
The benefits o f union were so apparent in the organization of the
nations that a little more than thirty years ago a Bond of Nations was
suggested in order to resist the encroachment of the Oompagnie des
Docks, Entrepots et Magasins gen£raux d’Anvers. The union thus
formed was only temporary and included only nineteen nations, but
judging from the rules to which they subscribed they were intensely
in earnest in their determination to protect themselves. It appears
that the company referred to sought to obtain control over all the docks
and basins of Antwerp, to load and unload vessels, and to store goods
that were in transit. It proposed to treat directly with the shipper or
merchant, but graciously agreed to employ the nations as far as might
lie in its power. As this company would possess certain advantages
in being amenable to the laws of the land at least, it looked as though
it might take the place of the nations in the making of contracts with
the shippers. It did not suit the nations to be mere employees or
go-betweens, so they signed a compact to the effect that they would
do no work for this company, haul goods consigned to it either to or
from the docks, nor hire their horses and wagons to any party who
would in any way work for it. To show that they meant what they
said, the second article of their compact was: uAny of the undersigned
nations that may violate the agreement here reached shall for each
offense pay the sum of $3,000, which sum shall be divided among the
other parties to this contract.” It was also specified that no nation
could dodge the penalty by changing its functions or constitution in




608

BULLETIN OF THE DEPARTMENT OF LABOR.

such a way as to permit any of its members to aid the company against
which they were making war. The contract was very explicit in stating
what would constitute an offense, as well as specifying the way in
which it might be annulled. The outcome of this temporary union was
the death o f the company in so far as concerned its encroachment upon
the functions of the nations. From this struggle all the nations were
benefited—those without the bond as well as those within.
The Franco-Prussian war caused an increased activity in the Ant­
werp shipping, and also brought about no little irregularity in the
movement o f freight cars, so that it was necessary when a vessel was
discharged to have some responsible party to look after the goods, if
they were destined for the interior, until cars should be forthcoming.
The demands upon the nations increased so rapidly that the usual
observance o f lines of merchandise was in danger of being disregarded,
with the consequent confusion and abuse as to charges, and the organi­
zation of new nations was imminent. The members of the loose bond
referred to, remembering the advantages that came to them from their
union, began to agitate the advisability of its renewal. The assigned
reasons for the new bond were: To agree upon a general tariff of
charges; to support one another in the abolition of the dram-giving
to the workmen with a substituting of increased wages therefor; and
to prepare for the nations’ participation in the royal festival of 1873.
During the war referred to, in the haste to secure transportation
into the interior, it was by no means unusual to offer a gratuity to the
railroad official who would place a car at the disposal of the shipper.
This habit grew until it became a fixed charge of $1 for each car sup­
plied. The refusal to pay this sum suggested all sorts of excuses for
delays in furnishing cars, so that the impatient shipper paid this levy
rather than be subjected to costly delays. The bond at once deter­
mined to have this species of blackmail suppressed. It was a large
and dangerous undertaking. So many of the railroad officials were
known to be sharers in this bounty that any attempt to remove it would
arouse their ill will, and to have the ill will of these officials would
seriously embarrass the nations in their work of loading goods upon
the cars and thus detract from their profits. Then, too, these officials,
belonging to the Government, had the sympathy of the custom-house
officers, who at once took up the fight and strove to injure the nations
by opening the custom-house as late as possible in the morning and
closing at the earliest minute allowed, thereby shortening the day for
the nations and frequently causing them to return to finish some task
that could have been done the evening before if a few minutes more
had been allowed. The bond appealed for relief to the local chamber
o f commerce, but without effect. It then presented a memorial to the
minister o f railroads, fortified it with specific charges of abuse, and
showed the importance of correcting these evils by citing the opinion
that the chamber of commerce had expressed as to the value of the




THE NATIONS OF ANTWERP.

609

nations in contributing to tlie commercial prosperity of Antwerp.
Fortunately the parade of the nations on the occasion of the royal fes­
tival mentioned was so imposing, with its score upon score of great
freight wagons drawn by hundreds of magnificent horses and manned
by the entire membership of the nations, that the minister at once
looked into the merits of their case, with the result that a number of
guilty officials were removed and all abettors were transferred to other
posts. While the ministry issued no special instructions favorable to
the nations, it, by the act just mentioned, showed a most hearty inter­
est in their work and a just appreciation of their importance. This
was rightly construed as a sufficient hint to all subordinates to facili­
tate rather than impede the work they had in hand.
Although at this time only eighteen nations were in the bond, all
enjoyed the benefits which resulted from the vigorous stand that it
took. This is also true of subsequent reforms which it brought about,
and in no case has it sought to secure special privileges or to coerce
other nations to join. The union during the first few years of its
existence was somewhat informal, having for its chief purpose the elimi­
nation of certain abuses, but when the results gave such convincing
evidence of the benefits to be derived from concerted action it drew
up in 1877 a set of rules which, with a few minor changes, is still in
force. The rules provide that no nation can accept a person as client
who had formerly employed another nation unless the latter had been
dropped for good reasons, and then the charges must be no lower
than the rates demanded by the nation dropped; that no commission
exceeding 5 percent shall be paid for securing contracts; that each
nation shall file with the officers of the bond a list of its clients and
keep the list corrected to date; that a nation may regard as a client
anyone for whom it has worked for three months, and if two or more
nations work for the same house but along different lines each may
regard this house as a client, but neither can enter into competition
with another; that members of the bond may compete with nations
that are not members; that when a merchant leaves a nation belonging
to the bond and engages an outside nation, after one month the mer­
chant may be regarded as u in competition,’7 and may be taken by any
nation that can secure his trade; that all disputes between members
of the bond shall be settled by arbitration, and in reaching a decision
the arbitrators may call for the books and accounts of the contending
nations if they be needed; and that each nation shall pay a monthly
assessment o f $5. The constitution here outlined was regarded as so
just and its provisions so reasonable that no fear was felt that it would
be violated. It was not engrossed, but written on a single sheet, aud
signed by Wyngaardnatie, Noordnatie, Werf-en Ylasnatie, Yalkeniersnatie, Guldenlioeknatie, Werknatie, Hessennatie, Molenbergnatie,
Groen-Boknatie, Ylayenatie, Katoennatie, Sclieldenatie, Komeinnatie,
Tabaknatie, Kraannatie, Zilversinidsuatie, Buysnatie, and Bijnnatie.




610

BULLETIN OF THE DEPARTMENT OF LABOR.

The bond, duly impressed with, the spirit of tlie u golden rule,” did
not find it necessary to meet frequently in order to see that each
member was keeping its pledges, or if it did meet no action was taken
worthy of notice, for the record book contains but little beyond the
simple entries of receipts and expenditures. Usually these expendi­
tures were for charity or contributions to some public cause, as when it
gave $70 toward the Rubens celebration, $100 to the relief of the vic­
tims of the Corvilain explosion, $100 to the laborers’ fund of Hamburg
during its cholera epidemic, and frequent contributions to the Sunday
rest fund. However, a few years later, when the impulse given to the
commerce of Antwerp by the Franco-Prussian war had expended
itself, the city found itself with too many nations. In order to find
work those outside of the bond resorted to suicidal reductions in the
schedule of charges, and the members of the bond became so appre­
hensive as to their safety that they decided to make the bond more
compact, and to that end resolved to hold monthly meetings. Each
member then paid 10 cents as monthly dues, and was fined 40 cents
each time he was absent and 10 cents if late. In the new rules nothing
was said as to the purpose of those monthly meetings, and it is only
by reading the minutes that one can find out just what occupied their
time. Here we see a resolution requesting the chief of the custom­
house to let the summer hours o f opening and closing the warehouses
begin on March 15 instead of April 1; also a copy of a letter addressed
to the inspector o f the railroad station concerning improvements in the
loading of cars, and later another letter to the same person about the
condition of the roadways in the freight sheds. How that the bond
found that its voice was listened to, it began to look about to see what
improvements it might with reason demand. Without going into
details, they may be included under the following heads: Hew regu­
lations regarding the storing of goods in transit ; better conditions for
the customs employees; a lengthening o f the working hours; better­
ment of the streets and bridges; permission to work at night; lighting
of the docks at night; a revision of the method of inspecting goods
on the frontier, and an enlargement o f the police force oh the docks.
A mere glance at the results named above will show that not only
the nations in the bond, but the other nations as well, and laborers at
large were benefited by the bond’s achievements. It is a justifiable
boast of the bond that it has labored as hard for the general welfare
as for its own profit.
During the year 1883 the bond came into open conflict with the city
council in a cause that seemed to show that it did not wish organized
labor or improved machinery to compete with the existing nations. A
company had applied for a concession to erect and maintain grain ele­
vators upon the docks. Such a concession, if granted* would have
thrown several nations completely out of work. They therefore pro­
tested, and knowing that several members of the city council were




THE NATIONS OF ANTWERP.

611

favorable to tliis concession, they made their fears publicly known, and
in a short time a petition, bearing 25,000 signatures, was presented to
the council asking that the privilege demanded be not granted. This
circumstance, together with the fact that the privilege was not accorded,
is mentioned merely to show what a strong hold the nations have upon
the people of Antwerp and how the latter are ever ready to protect the
interests and guard the welfare of the former.
The nations are looked upon as constituting one of the unique features
of Antwerp, and no great festival is complete without their assistance.
There, as in this country, a parade is an essential feature, and the
parade of the nations is characteristic and businesslike, for they have
in line, besides the sprinkling of brass bands, their huge freight wagons,
drawn by their finest horses. Each nation has one wagon for each
line of merchandise which it handles, and the wagon is loaded with the
same. In the parade that the writer witnessed the Ruysnatie headed
the xu’ocession with one wagon laden with flour from England, one
with Belgian biscuits, one with beef extract, and another with empty
jars from England. The Katoennatie followed with wagons bearing
wool from Buenos Ayres, rice hulled in Antwerp, refined sugar from
Belgium, and Manila tobacco. Noticeable in the line was tea from
China, fiber from the Dutch Indies, turpentine from America, palm
trees from the Congo, oats from Russia, oil from Germany, guano from
Peru, nitrates from Chile, elephant tusks from Africa, canned meat from
Chicago, dried skins from Brazil, and in fact nearly every conceivable
article of export from the countries of the world. Seventy wagons were
in the procession, and the combined value of the loads they carried was
estimated to bo $100,000. These goods were cheerfully loaned by the
consignees, who knew that each article would be returned in the same
condition in which it was taken. They also introduced a number of
floats, carrying either the implements of work or an object lesson of the
way in which their work is accomplished $ for instance, the Buildragersnatie, which is the recognized official weighing and measuring corps of
Antwerp, had a large platform, built upon and over a wagon, on which
men were industriously measuring and weighing grain. A il the men
were dressed in their work-a-day clothes, with perhaps a new blouse
for the occasion. It was interesting to note that nothing incongruous
or useless was included just to swell the column, nor did great gaps
exist in the ranks to lengthen out the time o f passing. The whole
parade was conducted on purely practical lines and no theatrical effects
were attempted. This procession would impress upon one, more than
figures or visiting docks, the importance o f Antwerp’s shipping and the
carrying function of Belgium.
From the most reliable statistics obtainable at the time of the inquiry
it was learned that the total membership of the nations was 1,943 and
the combined capital $2,934,000.
It is not the purpose of this paper to plead for the establishment in




612

BULLETIN OF THE DEPARTMENT OF LABOR.

this country o f organizations similar to the nations. The arguments
for or against such a step must be found in the description given of
the nations, their historic development, the circumstances which sur­
rounded their origin and growth, and the influence they have exerted
upon the commercial life and activities around them. On the one hand,
it will be noticed that they play a most important part in preserving
for Antwerp its commercial prosperity ; that they have a firm hold upon
the affection and esteem o f their employers, and that they contribute
largely toward eliminating dangerous and annoying labor troubles;
but, on the other hand, it will be observed that, although starting with
the idea of cooperation in work and sharing of profits, they passed
into organizations of employers, and now have formed a union for the
protection and furtherance of self-interests. This union of nations has
continued practically unchanged for twenty-five years, and as it has at
no time come into conflict with its employers, it may be assumed that
it is now working in perfect harmony with the interests of all concerned.
The accumulation of the facts above given has been a labor of con­
siderable moment. The nations being secret organizations, few people
know much about their rules or methods, and not one in a hundred,
when they see the shining brass initials on the harnesses of the great
draft horses, know that they belong to a nation, or if that much is
known they could not give the nation’s name. In the present investi­
gation the writer consulted shippers and shipowners, officers of the
city and o f the docks, and laborers and students of labor questions.




RECENT REPORTS OF STATE BUREAUS OF LABOR STATISTICS.

CONNECTICUT.
Thirteenth Annual Report of the Bureau of Labor Statistics of the State
of Connecticut, for the year ending November 30, 1897. Samuel B.
Horne, Commissioner. 240 pp.
Following are the contents o f this report: Letter of transmittal and
introduction, 12 pages; condition of workingmen, 106 pages; condition
of manufactures, 54 pages; mercantile clerks, 10 pages; municipal
employees, 12 pages; laws relating to labor and court decisions, 33
pages.
I n t r o d u c t i o n .—The introductory part of the report contains a
brief abstract of the subjects investigated, and an account of the
action taken by the bureau with reference to alien laborers and insani­
tary bakeshops. The announcement is made that the State board of
mediation and arbitration has prepared no official report, the services
of the board not having been required for the adjustment of difficulties
between employer and employed. The introduction concludes with an
outline of the contents of each report of the bureau issued since its
establishment under the present law.
C o n d i t i o n o f W o r k i n g m e n .—This chapter contains statistics of
earnings, hours of labor, cost of living, interest, taxes, and rents paid,
possible savings o f workingmen, occupations and nationality of work­
ingmen, etc. The statistics are based upon returns received from 200
employees. The compilation also includes data concerning the occu­
pations and earnings of men, women, and children taken from the
Eleventh Annual Report of the United States Commissioner of Labor.
A summary of the statistics presented shows that of the 200
employees reporting 47 owned their homes, 34 of which were encum­
bered by mortgages. The amount paid by these 47 house owners for
interest, taxes, water rents, and repairs was $4,388.50, or 11.3 per cent
of their annual earnings. There were 125 rent payers whose annual
expenditure for rent was $14,392, or 19.5 per cent of their annual
earnings. The remaining 28 employees report having paid no interest,
water rent, taxes, or house rent. The annual living expenses of the
entire number of employees reporting (exclusive of amount paid for
interest, water rents, taxes, or house rent) were $88,094.07, the total
expenditure being $106,874.57. The total earnings were $128,684.58
and the net savings $21,810.01. The table following shows, by place of
birth, the average weekly earnings of the 200 employees and their
families, and the percentage of earnings devoted to living expenses,
to interest, taxes, rents, etc., and to possible savings.




613

614

BULLETIN OP THE DEPARTMENT OF LABOR,
A V E R A G E W E E K L Y E A R N IN G S A N D COST OF L IV IN G OF EMPLOYEES.

Em­
ployees.

Place of birth.

United States......................... ..
Tt>i 1y _________ __________________________
E n g l a n d ______ _______ ________ _______________
Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Germany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F r a n c e _____ _________ _________________________
Switzerland.............................. .. ................ ..
Canada ..... ............ ...................... . . . . . . . . . . . . . .
Sweden .........................................................................

107
36
18
12
8
6
6
4
3

Per cent of earnings devoted to—
Average
weekly
earnings Living Interest,
Possible
per
taxes,
Total.
family. expenses. rent, etc. savings.
$13.82
6.34
12.40
11.84
17.30
11.82
12.28
19.57
13.85

67.8
88.7
71.9
67. 5
58.9
58.9
53.4
55.5
72.7 !

|
!
!
!
|

14.6
20.5
14.7
13.7
9.6
10.8
21.1
8.5
6.4

17.6
a 9.2
13.4
18.8
33.5
30.3
25.5
36.0
20.9

100.0
100.0
10D.0
100.0
100.0
100.0
100.0
100.0
100.0

a Excess of expenditures over earnings.

C o n d i t i o n o p M a n u f a c t u r e s .—The statistics regarding the con­
dition of manufactures show, by industries, for each of 768 establish­
ments the number of persons employed July 1 , 1896, and July 1, 1897,
the percentage of increase or decrease in the number employed, average
weekly hours of labor, number of days closed, amount paid in wages
duriug the year ending July 1,1896, and the year ending July 1,1897,
percentage o f increase in wages paid, and estimated proportion of busi­
ness done. Following is a recapitulation of the facts reported:
W A G E S A N D HOURS OF LABOR OF EM PLOYEES A N D BUSINESS CONDITION OF
E STABLISH M EN TS FOR TH E Y E A R E N D IN G J U L Y 1, 1897, B Y IN D U STR IES.

Industries.

Brass and brass goods........
Brickmaking.........................
Buttons, bumsles, and pins.
Carriages and carriage
parts....................................
Corsets....................................
Cotton goods.........................
Cotton mills...........................
Cutlery and tools.................
Firearms................................
General hardware...............
Hats and caps.......................
Hosiery and knit goods----Iron and iron foundries----Leather goods.......................
Machine shops.....................
Musical instruments and
parts....................................
Paper and paper goods—
Rubber goods.......................
Shoes ......................................
Silk goods..............................
Silver and plated w are----Stoneeutting and quarry­
ing ........................................
W ire and wire goods..........
Woodworking.......................
Woolens and woolen mills.
Miscellaneous.......................
Total.




Persions
employed
Estab­ July- 1—
lish­
ments
report­
ing.
1896. 1897.

In ­
crease Aver- !
in. num­ age I
ber em­ weekly
ployed i! hours
of
(per
cent). ;1 labor.

67 12,794 12,821
247
245
7
16 1,446 1,535

0.2
a .8
6.2

i

27
11
34
25
40
8
57
22
19
37
14
70

909
4,155
5,983
6,226
2,172
1,041
9,363
2,598
2,819
4,734
556
7,328.

809
4,352
5,756
6,367
2,052
902
8.773
2,584
2,528
4,055
573
6,917j

a 11.0 .
4.7
a 3.8
2.3 I
a 5.5 (
a 13.4 I
a 6.3
a . 5i
a 10.3 |
a 14.3 !
3.1 !
a 5.6

8
56
13
9
17
30

742
925,
2,718 2,625
3,423 3,818
491! 534
3,808 i 3,987
4,193 ; 4,044

24.7
a 3.4
11.5
8.8 1
4.8
a 3.6

1

14
699
824
13| 738
731
46 2,020: 2,048
47 5,958 6,187
6i| 1, 778 1,915

17.9
a .9
1.4
3.8
7.7

76883,934 87,907

a 1.2 !
!

a Decrease.

Amount paid in
wages
during
the year ending
July 1-

1896.

!
j

1

1897.

| In ­
Esti­
' crease
mated
j in
! amount percent
of busi­
of
ness
| wages done of
paid
|
full
ca­
(per
pacity.
| cent).

I
i
i.
57,$6,605, 534 $6,110,5561
66, 053:
61
69,1631
510, 612! 469, 679
57
i
j
561,004
504,902
55
56| 1,390,626; 1,341,195
54 2,091,611; 1,843,159
58 1,878,379 1,731,727
899,918
53 1,086, 347
591, 3651
52
484,833
54 4,397, 9481 3,787,898
56 1,166,490- 1,106, 515
54 1,036,710*
817,419
56 2,417,494' 2,025,508
265, 267i
299,803
57
4,592,491 3,918,665
1
57
' 50
487,803
467,912
59 1,078, HO! 1,011,316
53 1,711, 069'! 1, 541,333
192,457!
217,026
57
57 1,419,419! 1,359,632
50 2,066,150 1,951,321
i
!
305,452
56
275,002
57| 375,396
303,487
56i 1,039,753!
931,110
561 2,134,510! 1,858,132
59
935, 952!
944,428
56!40,404, 002 36,271, 729
!
1

a 7.5
4.7
a 8.0

76
83
7d

a 10.0
a 3.6
a 11.9
a 7.8
a 17.2
a 18.0
a 13.9
a 5.1
a 21.2
a 16.2
13.1
a 14.7

63
82
83
80
70
60
76
70
70
69
65
79

a 4.1
a 6.2
a 9.9
12.8
a 4.2
a 5.6

70
69
72
88
69
63

10.0
19.2
10.4
12.9
.9

58
65
74
69
79

a 10.2

74

a
a
a
a

REPORTS OF STATE BUREAUS OF LABOR---- CONNECTICUT.

615

The total number of establishments represented in the table is 768.
On July 1,1897, there were 87,907 employees on the pay rolls of these
establishments, a decrease of 1.2 per cent during the year. The
reports from all the establishments show an average of 56 hours of
labor per week. During the year ending July 1, 1897, $36,271,729
were paid in wages, a decrease of 10.2 per cent during the year. The
proportion of business done of full capacity, as estimated by the man­
ufacturers reporting, shows the average to have been 74 per cent.
M e r c a n t i l e C l e r k s .— An inquiry concerning the hours of labor,
wages paid, and the provisions made for the comfort of the clerks
employed in mercantile establishments in the State was made in April,
1897, by the bureau, by means of a circular and schedule sent through
the mail. As a result returns were received from 115 establishments
employing 2,694 persons. The following table shows by form of trade
the number of persons concerning whom information was received,
their sex, weekly wages, and hours of labor:
SEX, W A G E S, A N D HOURS OF LABOR OE CLERKS EM PLO YED I X M ER C AN T IL E
ESTABLISH M EN TS.
Estab­
lish­
ments.

Form of trade.

Employees.
Males.

Clothing......................................
Dry goods....................................
House furnishings...................
Groceries and provisions........
Millinery . _________________
Shoes...........................................

35
29
15
17
2
17

215
830
162
266

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

115

Females.

Weekly wages,
Total.

71

15
984
36
39
62
14

230
1,814
198
305
62
85

1,544

1,150

2,694

i

Males.

j

Females.j

$12.00
11.33
13.10
11. 52
12.67
11,77 J
j

$7.50
6.44
7.50
7.47
8.17
9.46

Hours of
labor.

j
!
i
1
I
j

63
58
02
72
61
61-63

6. 66 ]
j

M u n i c i p a l E m p l o y e e s .—The presentation consists of returns
received from officials of the several cities and boroughs in the State
showing the hours of labor, wages, and frequency of payment of munic­
ipal employees. The list of occupations for which the data are shown
includes skilled and unskilled laborers, and police and fire department
officers and employees. No summary is shown.
L a b o r L a w s a n d C o u r t D e c i s i o n s .— In this chapter are pre­
sented copies of all laws relating to labor which were passed or rejected
by the Connecticut legislature during the session of 1897. A few im­
portant court decisions respecting labor, which were made during the
year in different States, are also quoted.

MARYLAND.
Sixth Annual Report of the Bureau of Industrial Statistics of Mary­
land. 1897. Charles H. Meyers, Chief of Bureau. 222 pp.
This report treats of the following subjects: Statistics of railroads
in the State, 43 pages; culture and manufacture of tobacco, 11 pages;
Baltimore—description of the city, the ground-rent system, harbor and




616

BULLETIN OP THE DEPARTMENT OP LABOR.

channel, and wholesale trade, 68 pages; list of industries in the State,
9 pages; wages and hours of labor in Baltimore trades, 9 pages; oyster
culture, 36 pages; coal industry, 39 pages; financial statement, 1 page.
R a i l r o a d s .— A brief description is given of each of the railroads
doing business in the State. This is followed by a series of statistical
tables showing the earnings, expenses, and freight and passenger traffic
of each road, the number, wages, and hours of labor of the employees,
and the number o f persons killed and injured. The statistics are pre­
sented for the years 1892 and 1897. Returns from 15 railroads for the
year ending June 30,1897, are summarized in the following statement:
Earnings from passenger departm ents........................................................... $3,554,619.39
Earnings from freight departments...................................................................
6,624, 772.36
Total earnings from all sonrces.......................................................................... 10,580, 392.71
Total expenses o f all k in d s .................................................................................. 7,990,426.36
Number o f passengers carried..............................................................................
6,974,650
Tons o f freight carried..........................................................................................
9,985,873

The following table shows the number of railroad employees and their
average wages and hours of labor, by occupations, as reported for 1892
and 1897, respectively:
N U M BER A N D A V E R A G E W A G E S A N D HOURS OF LABO R OF R A IL R O A D EM PLOYEES,
B Y OCCUPATIONS, 1892 A N D 1897.
1892.
Occupations.
Number.
General officers.............................................
Division superintendents...........................
Civil engineers.............................................
Master mechanics........................................
Road masters.................................................
Clerks.....................................................«.......
Conductors.....................................................
Brakemen......................................................
Baggagemen...................................................
Engineers.......................................................
Firemen..........................................................
Freight and yard conductors...................
Freight and yard engineers.......................
Freight and yard firemen...........................
Freight and yard brakemen.....................
M achinists.....................................................
W ip e rs............................................................
Telegraph operators (not station agents).
Station agents (not telegraph operators).
Station agents (also telegraph operators).
Carpenters.....................................................
Section foremen...........................................
Sectionmen.....................................................
Watchmen......................................................
Bridge tenders and pumpmen...................
Painters..........................................................
x r a v e u u g u u sseu ger a g c u t o .

Other employees.....................

Daily
wages.

60 a $249.27
3 a 125.16
19
a 99.49
10 a 108.76
32
a 78.53
767
a 49.79
243
3.13
476
1.66
87
1.47
314
3.49
315
1.81
158
2.98
137
3.28
148
1.69
421
1.69
318
2.26
58
1.31
307
1.69
340
1.38
245
1.42
390
1.94
284
1.75
2,017
1.23
822
1.36
30
1.45
88
1.72
2
4.40
2,804
1.36

1897.
Hours
per day. Number.
9
12
10
10
9
9
9
9
9
9
10
10
10
10
10
9
11
9
10
10
10
10
12
10
10
10
10

Daily i Hours
wages. I per day.

65 ■a $257.98
22 a 140.97
17 a 104.72
9 a 111. 27
29
a 89.34
928
a 48.37
239
3.23
483
1.59
86
1.62
326
3.30
334
1.79
140
2.87
127
3.14
136
1.71
356
1.72
305
2.10
82
1.35
299
1.53
303
1.38
234
1.25
318
1.92
238
1.63
1,803
1.15
638
1.18
31
1.47
500
1.85
1
2.10
2,642
1.35

9
8
10
10
10
9
9
10
9
9
10
10
10
10
10
9
11
8
11
10
10
10
10
12
9
10
9

a Monthly wages.

The above figures are not complete for all the 15 railroads, the data
in many cases representing returns from only a few of the roads. There
were 44 persons killed and 329 injured by accident during the year.
O f these, 38 deaths and 280 cases of injury were reported as being due
to the carelessness of the killed and injured.




REPORTS OP STATE BUREAUS OF LABOR— MARYLAND.

617

T o b a c c o . —In this chapter an account is given of the culture and
manufacture of Maryland tobacco, its history, and the various stages
of its production. The chapter also contains production statistics.
I n d u s t r i e s . —An alphabetical list is given of all industries in the
State, and a table shows the number of farmers in each county and the
area of the latter.
W a g e s a n d H o u r s o f L a b o r . —The wages, hours of labor, and
comments on the same are presented for each of 59 occupations in the
city of Baltimore.
O y s t e r C u l t u r e . —This chapter is mainly devoted to extracts from
the report of the United States Fish Commission for 1897. Opinions
of oystermen and others regarding the condition of the oyster industry
in Maryland are also published.
C o a l I n d u s t r y .—An account is given of the development and pres­
ent condition of the coal industry, the condition of the miners, and their
wages and hours o f labor. Statistical tables are presented showing
the output for each mine in western Maryland in 1897, and the coal
trade, by railways and canal carrying the same, from 1842 to 1897, inclu­
sive. The total output in Maryland in 1897 is given as 3,931,929 tons,
an increase of 269,665 over the production in 1896.
6368—No. 17----- 8




RECENT FOREIGN STATISTICAL PUBLICATIONS.

AUSTRIA.
Die Arbeitseinstellungen nnd Ausspemingen im Gewerbebetriebe in Osterreich wdhrend des Jahres 1896. Herausgegeben vom Statistischen
Departement im k. k. Handelsministerium. 333 pp.
This report on strikes and lockouts during tlie year 1896, published
by the bureau of statistics of tlie board of trade of Austria, constitutes
the sixth annual presentation of official strike statistics for that coun­
try. Those for the preceding years were reviewed in Bulletins Nos. 1 ,
3, and 10. The facts are presented in a series of six tables, containing
(1 ) strikes according to geographical distribution, (2) strikes according
to branches o f industry, (3) general summary of strikes, (4) comparative
figures for 1894, 1895, and 1898, (5) a description of each individual
strike, and (6) a description of each lockout.
S t r i k e s .— A comparison of the strike statistics for 1896 with those
for the preceding year shows an increase in the number of strikes,
strikers, establishments involved, and time lost.
The following table shows the number of strikes, etc., for each of the
six years, 1891 to 1896:
STRIKES B Y Y E A R S , 1891 TO 1896.

Year.

1891 ......................................................................................
1892......................................................................................
1893......................................................................................
1894......................................................................................
1895 ......................................................................................
1896......................................................................................

Strikes.

104
101
172
159
205
294

Per cent
Estab­
of strik­
lish.
Strikers.
ers of
ments in*
total em­
volved.
ployees.
1,917
1,519
1,207
2,468
869
1,403

14,025
14,123
28,120
44,075
28, 026
36,114

34.61
57.36
61.75
72.59
60.88
63.33

Days
lost.

247, 086
150,992
518,511
566,463
297,845
595,768

The number of strikes, establishments involved, strikers, etc., in
1896, is shown by industries in the table following. O f the total num­
ber of strikers reported in 1896, 75.83 per cent were employed in the
stone, glass, china, and earthen ware industries, metal and metallic
goods, wooden and caoutchouc goods, textiles, and the building trades.
618




619

FOREIGN STATISTICAL PUBLICATIONS— AUSTRIA.
STRIKES IN 1890, B Y INDUSTR IES.
Strikers.
Industries.

Stone, glass, cliina, and earthen
ware.....................................................
Metal and metallic goods.................
Machinery and instruments............
"Wooden and caoutchouc goods........
Leather, hides, brushes, and feath­
ers........................................................
T extiles.................................................
Paper hanging and upholstering...
"Wearing apparel and millinery----Paper......................................................
Pood preparations..............................
Chemical products..............................
Building trades....................................
Printing and publishing...................
Power, heat, and light stations........
Commerce.............................................
Transportation....................................
Other industries..................................
Total

Per
Estab­ Total
Strikes. lish­ employ­ Num­ cent of
total
ments.
ees.
ber. employees.

29
33
14
55

112

18
43

Others
New
thrown Strik­ employ­
ers
out of reem­
ees
after
employ­
ployed.
strikes.
ment.

340

6,209
3,967
4, 374
9,136

3,217
2,973
2,058
5, 972

51.81
74. 94
47. 05
65.37

408
92
19
275

3,145
2,440 .
1,722 '
5,135

28
328
214
270

1,109
14,586
56
3,917
1,497
901
1,091
8,626
787
220
15
140
398

754
9,791
37
2,563
1,384
356
875
5,434
374
16
9
65
236

67.99
67.13
66.07
65.43
92. 45
39. 51
80. 20

116
604

630
9, 356

63
136
32
78
7
96

1

47
89
8
269
3
48
4
141
37
1
1
2
1

294

1,403

57,029

36,114

63.33

200
100

1

25
3
9

4f

42
13

1

1

2

i

47.52
7.27
60.00
46.43
59.30

6
1
18
822
11

2, 281
1,377
251 :
847 1
4,818 |
339
5

98
19

11
9

49

202
2, 372

32, 597

1, 389

The following table shows the percentage of strikers and of days
lost for each of the five principal groups in detail, and for the other
industries collectively:
PERCEN TAG E OF STRIKERS A N D OF D A Y S LOST, B Y INDUSTRIES, 1894, 1895, A N D 1896.

Per cent of strikers.

Per cent of days lost.

Industries.

Stone, glass, cliina, and eartbon w are...........................
Metal and metallic goods .........................................
Wooden and caoutchouc go od s......................................
Textiles ...................... .......................................................
Building trades...................................................... ............
Other industries.................................................................

1894.

1895. | 189G.

1894.

1895. | 1890.

14.55
C. 24
22.21
14.33
33.98
8.69

8.91
35.48
13.18 ! 8.23
8.34 I 16.54
14.58
27.11
19.13
15.05
24.16
9.29

5.48
6. CD
49.85
8.05
23.14
6.79

31.18
18. 35
18.24
11.36
9.58
11.29

7.98
7. 36
25. 41
39.44
4.13
15t68

100.00

100. 00

100.00

100.00

T o ta l........................................................................... 100.00

100.00

The textile industry shows the highest percentage of strikers and of
days lost during 1896, namely, 27.11 per cent and 39.44 per cent, respec­
tively. With the exception of wooden and caoutchouc goods, this
industry also shows the largest number of strikes.
The table following shows the duration of strikes in 1896, by
industries. Of the total number of strikes in 1896, 193, or 65.65 per
cent, lasted but 10 days or less, while 17, or 5.78 per cent, continued for
more than 60 days. The longest strike lasted 191 days. The average
duration of strikes was 15.18 days.




620

BULLETIN OF THE DEPARTMENT OF LABOR,
D U R A TIO N OF STRIKES IN 1896, B Y IN D U ST R IES.

Industries.

Metal and metallic goods.............................................
Machinery and instruments........ .
Wooden and caoutchouc goods. . . . . . . . . . . . . . . . . . . .
Leather, hides, brushes, and feathers. . . ___ . . . . . . .
Textiles........... ..................... .
Paper hanging and upholstering.. . . . . . . . __ ______
Wearing apparel and m illinery..................................
Paper............................ ............................................... .....
"Pnnf| preparations_____________________ _______. . .
Cliemioal prod nets________ __________ . . . . . . . . . . . . .
Building trades______ ____________________________
Printing and publishing .........................................
Powftr heat* and light stations_________ . . . . . . ____
Commeree___________________________. . . . . . . . . . . . .
Tran spnrtat'i n n ______ __________________________
Other industries__ __________________ . . . _________
T o ta l.......................................................................

10days 11 to 21 to 31 to , 41 to 51 to Over
ana
30
40 i 50
20
60
60 Total
under. days. days. days, idays. day 8. days.
_
!
3
1
3
29
17
2
2
1
1
i
1
23
3
33
3
8
1
1 !
1
3
14
7
3
5
7
7
2
24
55
1
1
1
1
2
2
10
18
1
3
2
43
26
3
8
1
1
|
1
1
1
5
2
15
25
1
2
3
9
9
3
1
4
2
40
42
j
1
1
1
10
13
!
1
1
1
1
2
2
|
1
1
!
1
193
35
10
6 ;
, 294
15
18

S

i

In presenting the strikes by causes, the cause and not the strike is
made the unit, and the tabulations, therefore, show the number of
times that each cause figured as an incentive to a strike, regardless of
the actual number o f strikes. Thus, in 1896 there were 294 strikes
reported, but 354 causes were enumerated. The following table shows
the causes o f strikes, by industries:
CAUSES OF STRIKES IN 1896, B Y IN D U ST R IES.

Causes.

Against reduction of
wages . . . . . . . . . . . . .
For increase of wag e s ............................
For regularity or
change in method
of payment.............
Against increase of
hours or abolition
of recesses .............
For reduction of
hours........................
For discharge of
forem en...................
Against obnoxious
treatment.................
Against discharge of

1
ILeath-'
Stone,
Ma­
glass, Metal chin­ Wood-i er, I
en
hides,!
china, and
ery
and brush- 1Texand metal- and
1 es,
caouti
earth- lie instru­ chouc and tiles.
en goods, ments. goods. feath­
ware.
ers.

3

2

14

15

1

2

1

1

1

4

5-

3

20

5

5

3

6

1

1

1

5

2

4

5

5

2

5

15

9

6

23

3

e m p l o y e e s ................

1

5

7

2

7

3

7

2

1

3

1 1
|
:

l

2

r u l e s ...... ......................

For discharge of em­
2

T o ta l ...................

33

39

4
4

28

7

3

1
1

2
2

2

18

65

23

1

27

5

137

1

8

1
2

7

15

4

1

66

2

1

2

21

2

5

1

3
1

p lo y e e s .....................

Other causes.............




11

1

In sympathy with
strikes elsewhere
Against obnoxious

Wear­
Print­
ing Food
ing Other
appar­ prep­ Build­
in­ To­
and
ing
el and ara­
pub­
dus­ tal.
milli­ tions. tiades. lish­ tries.
nery.
ing.

1
1
I
'

4

3 1 39
1

]

1

!

9

1

12

3

1

1

l
1

1
1

1
1

10
13

49

28 ;

9

57

15

18

354

i

621

FOREIGN STATISTICAL PUBLICATIONS— AUSTRIA.

The most prevalent cause of strikes in 1896 was the demand for
increase o f wages, being 137, or 38.70 per cent of all causes. Next
in importance was the demand for reduction of hours, 66, or 18.64 per
cent o f all, being due to this cause.
The following table shows the degree of success or failure of the
strikes in 1896, classified according to industries :
RESULTS OE STRIKES I X 1896, B V INDU STR IES.

Succeeded.
Industries.

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

Failed.

Total.

Strik­
Strik­
i StrikStrik­
ers. Strikes.
ers. Strikes. 1 ers. Strikes.
ers.

Strikes.
Stone, glass, china, and earthen
ware....................................................
Metal and metallic goods.................
Machinery and instruments...........
Wooden and caoutchouc goods___
Leather, hides, brushes, and feath­
ers ........................................................
Textiles.................................................
Paper hanging and upholstering ..
Wealing apparel and millinery----Paper ..................................................... i1
Food preparations.... ..........................
Chemical products............................
Building trades....................................
Printing and publishing.................
Power, heat, and light stations
Comm Arca _________________________
Transportation___________________
Other industries..................................

Succeeded
partly.

i
6
10
2
15
4
9

i

i

3
1
9
4

171
583
33
745

14
9
2
20

2,634
1,614
743
4,495

9
14
10
20

412
776
1,282
732

29
33
14
55

3,217
2,973
2. 058
5,972

176
420

10
19

487
5,840

122

10
2
1
2
13
4
1

1,137
1,377
208
788
2,734
241
16

4
15
1
12
1
8
1
20
5

91
3,531
37
1, 304
7
148
76
2,026
67

1
1
1

9
20
236

18
43
1
25
3
9
4
42
13
1
1
2
1

754
9,791
37
2, 563
1, 384
356
875
5, 434
374
16
9
65
236

123

10,754

294

i
I
1
|

11
674
66

1 j!

45

1

64 l 3,046
1

107

22,314

,
i!
|
1
|
1
,

36,114

O f the strikes in 1896, 64 were successful, 107 were partially success­
ful, and 123 were failures. Of the strikers, 3,046 succeeded, 22,314
succeeded partly, and 10,754 failed.
L o c k o u t s .— During the year 1896 lockouts were reported in 211
establishments, employing 6,847 persons, of whom 5,445 were locked
out. The prevailing cause of lockouts was the observance of Labor
Day (May 1 ) by employees. O f the 5,445 employees locked out, 4,589
were reemployed, 720 were dismissed, and the others failed to return.
GREAT BRITAIN.
Report on Changes in the Employment of Women and Girls in Industrial
Centers. Part I, Flax and Jute Centers. 1898. iv, 113 pp. (Pub­
lished by the Labor Department of the British Board of Trade.)
This report was prepared by Miss Collet, one of the labor correspond­
ents of the labor department of the British Board of Trade. It is
intended as a continuation of the Report on the Statistics of Employ­
ment of Women, published in 1895, and which was reviewed in Bulle­
tin No. 1 . The aim of this work has been to bring together in conven­
ient form the most important information regarding the conditions of
labor of women and girls at various periods o f the present century
which is contained, in official reports, and to supplement this informa­




622

BULLETIN OP THE DEPARTMENT OF LABOR.

tion by fresli inquiry with reference to special points. The sources of
information which were most utilized in this volume were the reports
of the commissioners and assistant commissioners on the employment
o f children in factories in 1833, the reports of the commissioners and
assistant commissioners on hand-loom weavers in 1838, the factory
returns published at intervals from 1835 to 1897, the wages returns of
the Board of Trade, and the census reports. In addition, statistics of
wages in Dundee in 1896 and in Belfast in 1897 were obtained for the
purpose o f comparison with wages in those cities in 1833.
The discussion in the present volume relates to the flax and jute
industries in the East o f Scotland and the flax industry in the North
o f Ireland and in Yorkshire, England. It is intended to assist in the
further study o f women’s employment, and throws much light upon
the questions of the transition from the domestic to the factory system
o f industry, married women’s labor, and the relation of women’s and
men’s work, both as regards character and remuneration at various
periods. The principal changes regarding women’s employment dealt
with in this report are: (1) Changes in organization, with special ref­
erence to the different ways in which men and women were affected;
(2) changes in wages; (3) changes in the relative numbers of men and
women in the industries and in the districts; (4) changes in the extent
o f employment o f married women; (5) changes in occupation.
The following table, arranged from the appendix, shows the extent
o f employment in the flax and jute industries, by sex and certain age
periods, at various times from 1835 to 1895, the tables in the appendix
being compiled from the British Factory Beturns:
EM PLOYEES IN F L A X A N D JU T E FACTORIES IN SCOTLAND, 1835 TO 1805.

Year.

1835..........................................
1839 ..........................................
1847.........................................
1850..........................................
1856.........................................
1862.........................................
1868.........................................
1870.........................................
1 8 7 4 ........................................
1878.........................................
1885.........................................
1890.........................................
1895.........................................

Males.

Females.

Under
13 years 18 years
13
and un­
and
Total.
years. der 18. over.
(a)

Under
13 years 18 years
13
and
Total.
years. and un­ over.
der 18.
(a)

713
101
109
61
118
328
699
837
2,648
2,273
3,182
2,260
1,754

1,129
2,277
1,973
2,949
3,174
3,446
4,249
5,535
6,415
4,686
4,980
5,494
5,044

1,550
2,356
3,465
4,773
5,039
6,799
9,006
10,926
13,232
11,948
14,338
14,806
15,372

3,392
4,734
5,547
7,783
8,331
10,573
13, 954
17,298
22,295
18,907
22,500
22,560
22,170

1,093
142
296
218
308
627
1,182
1,707
3.693
3,397
4,066
2,601
1,905

3,064
5,109
4,253
0)
0)
0)
0)
0)
0)
0)
0)
0)
10,002

5,860
7,912
11,234
c20,311
c23, 083
c27,817
c37,Oil
c45, 823
c50, 721
c45,573
c48,789
<?48, 946
40,544

a Including half-timers over 13 years of age.
b Included with those 18 years of age and over.
e Including those 13 years of age and under 18 years.




10,017
13,163
15,783
20,529
23,391
28,444
38,193
47, 530
54,414
48,970
52,855
51,547
52,451

Total
both
sexes.

13,409
17,897
21,330
28,312
31,722
39,017
52,147
64,828
76,709
67,877
75,355
74,107
74, 621

FOREIGN STATISTICAL PUBLICATIONS— GREAT BRITAIN.

623

EM PLOYEES IN F L A X FACTOTvIES IN IR E L A N D , 1835 TO 1895.

Year.

1835 .........................................
1839 .........................................
1847 .........................................
1850..........................................
1856.........................................
18G2.........................................
1868 .........................................
1870 .........................................
1874.........................................
1878 .........................................
1885 .........................................
1890.........................................
1895 .........................................

Males.

Females.

Under 13 years 18 years
13
Total.
and un­ and
years. der 18. over.
(a)

Under 13 years 18 years
13
Total.
and
years. and un­ over.
der 18.
(a)

126
18
9
7
52
226
343
472
1,380
1,577
2,088
2,450
2,067

399
1,397
2,458
3, 024
3,844
3,761
5, 812
5, 560
5,960
4,588
4, 370
4,791
4,748 !

463
1,366
3,128
3,868
5,053
5,966
10,627
11,307
10, 983
10,871
11, 911
13,181
14,473

988
2,781
5,595
6,899
8,949
9, 953
16,782
17, 339
18, 323
17,036
18, 369
20,422
21,288

214
86
27
31
61
442
1,031
1,129
2,175
2,397
3,294
3,406
2,615

1,308
3,113
4,235
(b)
(b)
(b)
(b)
(b)
(b)
(b)
(b)
(b)
7,652

1,171
3,037
7, 231
c l4 ,191
cl9, 743
c23,130
c39, 237
c36, 571
c39, 818
c36, 909
c40, 086
!c40, 647
! 34,558

2, 693
6, 236
11,493
14,222
19, 804
23, 572
40, 268
37, 700
41, 993
39,306
43, 380
44, 053
44,825

Total
both
sexes.

3, 681
9,017
17,088
21,121
28,753
33, 525
57,050
55, 039
60,316
56,342
61,749
64,475
66,113

EM PLOYEES IN F L A X FACTOPvIES IN EN G L A N D , 1835 TO 1895.
1835 .........................................
1839 .........................................
1847 .........................................
1850 .........................................
1856.........................................
1862 .........................................
1868 .........................................
1870 .........................................
1874 .........................................
1878 .........................................
1885 .........................................
1890 .........................................
1895 .........................................

1,441
812
836
739
683
886
971
662
844
562
193
147
59

1,770
2,279
2,385
2, 039
1,932
1,383
1,730
1,744
1,380
808
604
510
483

2,341
2,287
3,837
3,357
3,551
3,651
4, 371
4,796
4,632
3, 442
2,766
2,193
2,164

5,552
5,378
7,058
6,135
6,166
5,920
7,072
7,202
6,856
4,812
3, 563
2,850
2,706

1, 510
608
752
525
584
1,108
976
728
1,245
703
225
180
71

3,741
4,982
4, 517
(b)
(b)
(b)
(b)
(b)
(b)
(b)
(b)
(b)
1,264

3,830
5,605
7,513
cl2, 341
cl3, 037
cl3, 277
cl3, 811
e ll, 886
cl4,226
c9, 473
c7,214
c5,856
3, 857

9,081
11,195
12, 782
12,866
13,621
14, 385
14,787
12, 614
15,471
10,176
7,439
6,036
5,192

14, 633
16, 573
19,840
19, 001
19, 787
20, 305
21, 859
19,816
22,327
14,988
11,002
8,886
7,898

a Including half-timers over 13 years of age.
b Included with those 18 years of age and over.
c Including those 13 years of age and under 18 years.

As to the changes in employment that have taken place in the flax
and jute industries, it was found that in Dundee, Scotland, the domes­
tic system under which linen weavers worked in 1833 was gradually
abolished by the introduction of the power loom. With the advent of
the latter, the male weavers were very largely replaced by women. In
the weaving factories, from the very first, the work was done by women,
and there was no displacement of men within the factories. In Belfast
the power loom made its way more slowly. Men were employed to
some extent on these looms as well as women, probably the more read­
ily because the factory system prevailed among the linen weavers
before the introduction of the power loom.
Under the hand-loom system, when both men and women worked
the loom, there seems to have been no question of difference of pay­
ment for the same work. The women did a lighter kind of work than
able-bodied men, and were paid the same rate as “ old men and boys.”
Women and girls rarely owned their looms, and their fathers and hus­
bands usually drew their wages under the domestic system. Since
then women’s wages in the textile industries in Dundee and Belfast
have risen much more in proportion than men’s wages in the same
industries.




624

BULLETIN OF THE DEPARTMENT OF LABOR.

Some of the changes iu the rates of wages of women as compared
with those o f men since 1833 may be seen in the following table:
A VER AG E W E E K L Y W A G E S OF SP IN N IN G -M IL L O P E R A T IV E S IN F L A X A N I) J U TE
IN D U STR IES, 3833, 1896, A N D 1897.

Sex and age period.

MALES.
TTpilflv 11 yo qrs_____ . . . . . . . . . . ____
11 and under 13 years........................
13 and under 18 years........................
18 and under 25 years.........................
25 years or over....................................

FEMALES.
Undfvr 11 ypara______ . . . . . . . . . ___

11 and under 13 years........................
13 and under 18 years.........................
18 and under 25 years........................
25 years or over...................................
a Payment for full time.

Flax,
Scotland, 1833.

Flax and jute,
Dundee, 1896.

Aver­
age
wages.

Av­
erage
age.

Aver- 1
i Av­
age ] erage
wages, j! age.

a$0.69
a . 81
1.10
2.66
3.45

9.7
11.5
14.4
20.7
40.3

a . 59
O). 83
1.38
1.42
1.32

9.7
11.6
15.1
20.3
34.5

Flax,
Belfast, 1833.

Flax,
Belfast, 1897.

Aver­
age
wages.

Av­
erage
age.

Aver­
age
wages.

2.07
3.12
4.06

12.5
15.0
19.6
(e)

a $ 0 .53
a . 53
.77
3.08
3.41

9.8
11.6
14.2
21.7
34.5

6$0.73
1.80
2.98
6.12

75
2.15
2.70
2.51

12.5
15.5
21.6
(e)

a. 47
a . 59
.79
1.05
1.07

b $0.83

b.

6 Payment for half time.

9.9
11.6
6.79
1.70
14.9
19.6 !i 2.09
29.2 | 2.13

i

Av­
erage
age.

1
|
!
i
i1

12.0
16.2
20.7
38.7

12.0
15.9
20.8
36.0

c Not reported.

A comparison o f the Dundee returns for 1896 and those of Belfast
for 1897 with the returns for 1833 shows a striking improvement of
women’s over girls’ work. The wages of children also show a marked
improvement. Children working half time in 1896 and 1897 earned
more than when working full time in 1?33.
Rates o f wages were at their maximum in Dundee and Belfast in
1873, and at their minimum since that period, in 1886. In 1896, in the
Dundee spinning mills the rates of wages were 20 per cent, and in
Belfast about 10 per cent, above the rates of 1886. Fluctuations in wages
were much more frequent in the jute and flax industries in Dundee
than in the flax industry in Belfast. In the former since June, 1873,
there were over twenty general changes in wages, while in Belfast since
1871 there were only seven general changes.
The following special circumstances with regard to Dundee are noted
in the conclusion o f this report: An unceasing immigration o f women
and girls into Dundee, and an emigration of men from that place, result­
ing in an abnormal disproportion of the sexes over 20 years of age,
women being to men in the ratio of 3 to 2; a high proportion of married
women earning wages in the mills; an increase in the percentage
o f married women. In Belfast, although the average earnings were
reported to be lower, the social condition o f women in the industrial
class appeared to be more satisfactory than in Dundee. The percent­
age of women occupied in Belfast was found to be much lower than in
Dundee, and it was not increasing. The disproportion o f the sexes
was not so great, and was diminishing. There was a greater variety
o f employment for women, and there were more openings for skilled
workmen.




DECISION’S OF COUBTS AFFECTING LABOB.
[This subject, begun in Bulletin No. 2, has been continued in successive issues.
All material parts of the decisions are reproduced in the words of the courts, indi­
cated when short by quotation marks and when long by being printed solid. In
order to save space, immaterial matter, needed simply by way of explanation, is
given in the words of the editorial reviser.]

DECISIONS UNDER STATUTORY LAW .
C o n st it u t io n a l it y of S t a t u t e — E ig h t -H our L a w —Bolden v.
Hardy, sheriff, 18 Supreme Court Reporter, page 383.—This case came
before tlie United States Supreme Court upon writs of error to review
two judgments of the supreme court of the State of Utah denying
applications of the plaintiff in error, Holden, for his discharge upon
two writs of habeas corpus, and remanding him to the custody of the
sheriff of Salt Lake County. The United States Supreme Court ren­
dered its decision February 28, 1898, and affirmed the judgments of
the State court.
The facts in the first case were substantially as follows: On June 20.
1896, complaint was made to a justice of the peace of Salt Lake City
that the petitioner, Holden, had unlawfully employed “ one John
Anderson to work and labor as a miner in the underground workings
o f the Old Jordan mine, in Bingham canyon, in the county aforesaid,
for the period of 10 hours each day; and said defendant, on the date
aforesaid and continuously since said time, has unlawfully required
said John Anderson, under and by virtue of said employment, to work
and labor m the underground workings of the mine aforesaid for the
period of 10 hours each day, and that said employment was not in case
of an emergency, or where life or property was in imminent danger,
contrary,” etc.
Defendant Holden, having been arrested upon a warrant issued upon
said complaint, admitted the facts set forth therein, but said he was
not guilty, because he is a native-born citizen of the United States,
residing in the State of Utah; that the said John Anderson voluntarily
engaged his services for the hours per day alleged, and that the facts
charged did not constitute a crime, because the act of the State of Utah
which creates and defines the supposed offense is repugnant to the
Constitution of the United States in these respects:
It deprives the defendant and all employers and employees of the
right to make contracts in a lawful way, and for lawful purposes.
It is class legislation, and not equal or uniform in its provisions.
It deprives the defendant and employers and employees o f the equal
protection of the laws, abridges the privileges and immunities of the
defendant as a citizen of the United States, and deprives him of his
property and liberty without due process of law.




625

626

BULLETIN OF THE DEPARTMENT OF LABOR.

The court, having heard the evidence, found the defendant guilty as
charged in the complaint, imposed a fiue of $50 and costs, and ordered
that the defendant be imprisoned in the county jail for a term of 57
days, or until such fine and costs be paid.
Thereupon petitioner sued out a writ of habeas corpus from the supreme
court o f the State, annexing a copy of the proceedings before the justice
o f the peace, and praying his discharge. The supreme court denied
his application and remanded him to the custody of the sheriff, where­
upon he sued out this writ of error, assigning the unconstitutionality
of the law.
In the second case the complaint alleged the unlawful employment
by Holden of one William Hooley to work and labor in a certain con­
centrating mill—the same being an institution for the reduction of
ores—for the period of 12 hours per day. The proceedings in this
case were precisely the same as in the prior case, and it was admitted
that there was no distinction in principle between the two cases.
Mr. Justice Brown, after stating the facts, delivered the following
opinion of the court:
This case involves the constitutionality of an act of the legislature
of Utah, entitled “ An act regulating the hours of employment in
underground mines and in smelters and ore-reduction works.” The
following are the material provisions:
“ Sec tio n 1. The period o f employment of workingmen in all under­
ground mines or workings shall be 8 hours per day, except in cases of
emergency where life or property is in imminent danger.
“ Se c . 2. The period of employment of workingmen in smelters and
all other institutions for the reduction or refining of ores or metals
shall be 8 hours per day, except in cases of emergency where life or
property is in imminent danger.

“ Sec . 3. Any person, body corporate, agent, manager, or employer,
who shall violate any of the provisions of sections one and two of this
act shall be guilty of a misdemeanor.”
The supreme court of Utah was of opinion that, if authority in the
legislature were needed for the enactment of the statute in question,
it was found in that part of article 16 of the constitution of the State
which declared that “ the legislature shall pass laws to provide for the
health and safety of employees in factories, smelters, and mines.” As
the article deals exclusively with the rights of labor, it is here repro­
duced in full, as exhibiting the authority under which the legislature
acted, and as throwing light upon its intention in enacting the statute
in question (Laws 1896, p. 219):
“ Sec tio n 1. The rights of labor shall have just protection through
laws calculated to promote the industrial welfare of the State.
“ Sec . 2. The legislature shall provide by law for a board of labor,
conciliation, and arbitration, which shall fairly represent the interests
o f both capital and labor. The board shall perform duties and receive
compensation as prescribed by law.
“ Sec . 3. The legislature shall prohibit:
(1) The employment of women, or of children under the age of 14
years, in underground mines.
“ (2) The contracting o f convict labor.




DECISIONS OF COURTS AFFECTING LABOR.

627

“ (3) Tlie labor of convicts outside prison grounds, except on public
works under the direct control of the State.
“ (4) The political and commercial control of employees.
“ S e c . 4. The exchange of blacklists by railroad companies, or other
corporations, associations, or persons is prohibited.
“ Se c . 5. The right of action to recover damages for injuries result­
ing in death shall never be abrogated, and the amount recoverable
shall not be subject to any statutory limitation.
“ Se c . 6. Eight hours shall constitute a day’s work on all works or
undertakings carried on or aided by the State, county, or municipal
governments; and the legislature shall pass laws to provide for the
health and safety of employees in factories, smelters, and mines.
“ Sec . 7. The legislature, by appropriate legislation, shall provide
for the enforcement of the provisions of this article.”
The validity of the statute in question is, however, challenged upon
the ground of an alleged violation of the fourteenth amendment to the
Constitution of the United States, in that it abridges the privileges or
immunities of citizens of the United States, deprives both the employer
and the laborer of his property without due process of law, and denies
to them the equal protection of the laws. As the three questions of
abridging their immunities, depriving them of their property, and
denying them the protection of the laws, are so connected that the
authorities upon each are, to a greater or less extent, pertinent to the
others, they may properly be considered together.
Prior to the adoption of the fourteenth amendment, there was a
similar provision against deprivation of life, liberty, or property with­
out due process of law incorporated in the fifth amendment; but as the
first eight amendments to the Constitution were obligatory only upon
Congress, the decisions of this court under this amendment have but
a partial application to the fourteenth amendment, which operates
only upon the action of the several States. The fourteenth amend­
ment, which was finally adopted July 28,1868, largely expanded the
power of the Federal courts and Congress, and for the first time
authorized the former to declare invalid all laws and judicial decisions
of the States abridging the rights of citizens or denying them the
benefit of due process of law.
This amendment was first called to the attention of this court in
1872, in an attack upon the constitutionality of a law of the State of
Louisiana, passed in 1869, vesting in a slaughterhouse company therein
named the sole and exclusive privilege of conducting and carrying on
a live stock landing and slaughterhouse business within certain limits
specified in the act, and requiring all animals intended for sale and
slaughter to be landed at their wharves or landing places. (Slaughter­
house cases, 16 Wall., 36.) While the court in that case recognized the
fact that the primary object of this amendment was to secure to the
colored race, then recently emancipated, the full enjoyment of their
freedom, the further fact that it was not restricted to that purpose was
admitted both in the prevailing and dissenting opinions, and the valid­
ity of the act was sustained as a proper police regulation for the health
and comfort o f the people. A majority of the cases which have since
arisen have turned, not upon a denial to the colored race of rights
therein secured to them, but upon alleged discriminations in matters
entirely outside of the political relations of the parties aggrieved.
These cases maybe divided, generally, into two classes: First, where
a State legislature or a State court is alleged to have unjustly discrimi­
nated in favor of or against a particular individual or class of individ­




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BULLETIN OF THE DEPARTMENT OF LABOR.

uals, as distinguished from the rest of the community, or denied them
the benefit of due process of law; second, where the legislature has
changed its general system of jurisprudence by abolishing what had
been previously considered necessary to the proper administration of
justice, or the protection of the individual.
Among those o f the first class, which, for the sake of brevity, may
be termed uunjust discriminations,” are those wherein the colored race
was alleged to have been denied the right of representation upon juries
(Strauder v. West Virginia, 100 U. S., 303; Virginia v. Rives, Id., 313;
Ex parte Virginia, Id., 339; Neal v. Delaware, 103 U. S., 370; Bush v.
Kentucky, 107 U. S., 110, 1 Sup. Ct., 625; Gibson v. Mississippi, 162
U. S., 565,16 Sup. Ct., 904), as well as those wherein the State was
charged with oppressing and unduly discriminating against persons of
the Chinese race (Barbier v. Connolly, 113 U. S., 27, 5 Sup. Ct., 357;
Soon Hing v. Crowley, 113 U. S., 703, 5 Sup. Ct., 730; Yick W o v. Hop­
kins, 118 U. S., 356, 6 Sup. Ct., 1064; Chy Lung v. Freeman, 92 U. S.,
275), and those wherein it was sought, under this amendment, to
enforce the right o f women to suffrage, and to admission to the learned
professions (Minor v. Happersett, 21 Wall., 162; Bradwell v. State, 16
Wall., 130).
To this class is also referable all those cases wherein the State courts
were alleged to have denied to particular individuals the benefit of due
process of law secured to them by the statutes of the State (In re Con­
verse, 137 U. S.,-624,11 Sup. Ct., 191; Arrowsmith v. Harmoning, 118
U. S., 194,6 Sup. Ct., 1023), as well as that other large class, to be more
specifically mentioned hereafter, wherein the State legislature was
charged with having transcended its proper police power in assuming
to legislate for the health or morals of the community.
Cases arising under the second class, wherein a State has chosen to
change its methods of trial to meet a popular demand for simpler and
more expeditious forms of administering justice, are much less numer­
ous, though of even greater importance, than the others. A reference
to a few of these cases may not be inappropriate in this connection.
Thus, in Walker v. Sauvinet, 92 U. S., 90, which was an action brought
by a colored man against the keeper of a coffeehouse in New Orleans
for refusing him refreshments, in violation of the constitution of the
State securing to the colored race equal rights and privileges in such
cases, a statute of the State provided that such cases should be tried
by jury if either party demanded it, but if the jury failed to agree the
case should be submitted to the judge, who should decide the same. It
was held that atrial by jury was not a privilege or immunity of citizen­
ship which the States were forbidden to abridge, but the requirement
of due process of law was met if the trial was had according to the
settled course of judicial proceedings. “ Due process of law,” said Chief
Justice Waite, u is process due according to the law of the land. This
process in the States is regulated by the law of the State.” This law
was held not to be in conflict with the Constitution of the United States.
Similar rulings with regard to the necessity of a jury or of a judicial
trial in special proceedings were made in Kennard v. Louisiana, 92 V . S.,
480; McMillan v. Anderson, 95 U. S., 37; Davidson v. New Orleans, 96
U. S., 97; Walston v. Nevin, 128 U. S., 578, 9 Sup. Ct., 192; Ex parte
Wall, 107 U. S., 265, 2 Sup. Ct., 569.
In Hurtado v. California, 110 U. S., 516, 4 Sup. Ct., I l l , 292, it was
held that due process of law did not necessarily require an indictment
by a grand jury in a prosecution by a State for murder. The constitu­
tion o f California authorized prosecutions for felonies by information,




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after examination and commitment by a magistrate, without an indict­
ment by a grand jury, in the discretion of the legislature. It was held
that conviction upon such an information, followed by sentence of
death, was not illegal under the fourteenth amendment.
In Hayes v. Missouri, 120 U. S., 68, 7 Sup. Ct., 350, it was held that
a statute of a State which provided that, in capital cases, in cities having
a population of over 100,000 inhabitants, the State shall be allowed 15
peremptory challenges to jurors, while elsewhere in the State it was
allowed only 8 peremptory challenges, did not deny to a person tried
for murder, in a city containing over 100,000 inhabitants, the equal
protection of the laws enjoined by the fourteenth amendment, and that
there was no error in refusing to limit the State’s xieremptory challenges
to 8.
In Bailway Co. v. Mackey, 127 U. S., 205,8 Sup. Ct., 1161, it was said
that a statute in Kansas abolishing the fellow-servant doctrine, as
applied to railway accidents, did not deny to railroads the equal pro­
tection of the laws, and was not in conflict with the fourteenth amend­
ment. The same ruling was made with reference to statutes requiring
railways to erect and maintain fences and cattle guards, and make
them liable in double the amount of damages claimed, for the want of
them.
In Hallinger v. Davis, 146 U. S., 314,13 Sup. Ct., 105, it was held that
a State statute conferring upon an accused person the right to waive a
trial by jury, and to elect to be tried by the court, and conferring power
upon the court to try the accused in such case, was not a violation of
the due-process clause of the fourteenth amendment.
So, In re Kemmler, 136 U. S., 436,10 Sup. Ct., 930, it was held that
the law providing for capital punishment by electricity was not repug­
nant to this amendment. And in Duncan v. Missouri, 152 U. S., 377,
14 Sup. Ct., 570, it was said that the prescribing of different modes of
procedure, and the abolition of courts, and the creation of new ones,
leaving untouched all the substantial protection with which the existing
law surrounds persons accused of crime, are not considered within the
constitutional inhibition. (See, also, Medley, Petitioner, 134 U. S., 160,
10 Sup. Ct., 384; Holden v. Minnesota, 137 u. S., 484,11 Sup. Ct., 143.)
An examination of both these classes of cases under the fourteenth
amendment will demonstrate that, in passing upon the validity of State
legislation under that amendment, this court has not failed to recognize
the fact that the law is, to a certain extent, a progressive science; that
in some o f the States methods of procedure which, at the time the
Constitution was adopted, were deemed essential to the protection and
safety o f the people, or to the liberty of the citizen, have been found to
be no longer necessary; that restrictions which had formerly been laid
upon the conduct of individuals, or of classes of individuals, had proved
detrimental to their interests, while, upon the other hand, certain other
classes of persons (particularly those engaged in dangerous or unhealthful employments) have been found to be in need of additional protec­
tion. Even before the adoption of the Constitution much had been
done toward mitigating the severity of the common law, particularly in
the administration of its criminal branch. The number o f capital crimes
in this country, at least, had been largely decreased. Trial by ordeal
and by battle had never existed here, and had fallen into disuse in
England. The earlier practice of the common law, which denied the
benefit o f witnesses to a person accused of felony, had been abolished
by statute, though, so far as it deprived him of the assistance o f counsel
and compulsory process for the attendance of his witnesses, it had not




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BULLETIN OF THE DEPARTMENT OF LABOR.

been changed in England. But, to the credit of her American colonies,
let it be said that so oppressive a doctrine had never obtained a foothold
there.
The present century has originated legal reforms of no less impor­
tance. The whole fabric of special pleading, once thought to be neces­
sary to the elimination of the real issue between the parties, has crumbled
to pieces. The ancient tenures of real estate have been largely swept
away, and land is now transferred almost as easily and cheaply as per­
sonal property. Married women have been emancipated from the con­
trol o f their husbands and placed upon a practical equality with them
with respect to the acquisition, possession, and transmission of property.
Imprisonment for debt has been abolished. Exemptions from execution
have been largely added to, and in most of the States homesteads are
rendered incapable of seizure and sale upon forced process. Witnesses
are no longer incompetent by reason of interest, even though they be
parties to the ligitation. Indictments have been simplified, and an in­
dictment for the most serious of crimes is now the simplest o f all. In
several o f the States grand juries, formerly the only safeguard against
a malicious prosecution, have been largely abolished, and in others the
rule of unanimity, so far as applied to civil cases, has given way to ver­
dicts rendered by a three-fourths majority. This case does not call for
an expression o f opinion as to the wisdom of these changes, or their
validity under the fourteenth amendment, although the substitution of
prosecution by information in lieu of indictment was recognized as valid
in Hurtado v. California, 110 U. S., 516, 4 Sup. Ct., I l l , 292. They are
mentioned only for the purpose .of calling attention to the probability
that other changes of no less importance may be made in the future,
and that, while the cardinal principles of justice are immutable, the
methods by which justice is administered are subject to constant fluctua­
tion, and that the Constitution o f the United States, which is necessarily
and to a large extent inflexible, and exceedingly difficult of amendment,
should not be so construed as to deprive the States of the power to so
amend their laws as to make them conform to the wishes of the citizens,
as they may deem best for the public welfare, without bringing them
into conflict with the supreme law of the land.
O f course, it is impossible to forecast the character or extent of these
changes 5 but in view o f the fact that, from the day Magna Charta was
signed to the present moment, amendments to the structure of the law
have been made with increasing frequency, it is impossible to suppose
that they will not continue, and the law be forced to adapt itself to new
conditions of society, and particularly to the new relations between
employers and employees, as they arise.
Similar views have been heretofore expressed by this court. Thus,
in the case of Missouri v. Lewis, 101 U. 8 ., 22, 31, it was said by Mr.
Justice Bradley: uW e might go still further, and say, with undoubted
truth, that there is nothing in the Constitution to prevent any State
from adopting any system of laws or judicature it sees fit for all or any
part of its territory. I f the State of Hew York, for example, should
see fit to adopt the civil law and its method of procedure for Hew York
city and the surrounding counties, and the common law and its methods
o f procedure for the rest of the State, there is nothing in the Constitu­
tion o f the United States to prevent its doing so. This would not, of
itself, within the meaning of the fourteenth amendment, be a denial to
any person of the equal protection of the laws. * * * The four­
teenth amendment does not profess to secure to all persons in the United
States the benefit of the same laws and the same remedies. Great




DECISIONS OF COURTS AFFECTING LABOR.

631

diversities in these respects may exist in two States separated only by
an imaginary line. On one side of this line there may be a right of
trial by jury, and on the other no such right. Each State prescribes
its own modes of judicial proceeding. I f diversities of laws and
judicial proceedings may exist in the several States without violating
the equality clause in the fourteenth amendment, there is no solid rea­
son why there may not be such diversities in different parts of the same
State.”
The same subject was also elaborately discussed by Mr. Justice
Matthews in delivering the opinion of this court in Hurtado v. Califor­
nia, 110 IJ. S., 516, 530, 4 Sup. Ct.? 118: u This flexibility and capacity
for growth is the peculiar boast and excellence of the common law.
# * * The Constitution of the United States was ordained, it is true,
by descendants of Englishmen, who inherited the traditions of English
law and historyj but it was made for an undefined and expanding
future, and for a people gathered and to be gathered from many nations,
and of many tongues. And, while we take just pride in the principles
and institutions o f common law, we are not to forget that, in lauds
where other systems of jurisprudence prevail, the ideas and processes
of civil justice are also not unknown. Hue process of law, in spite of
the absolutism o f continental governments, is not alien to that code
which survived the Eoman Empire as the foundation of modern civili­
zation in Europe, and which has given us that fundamental maxim
of distributive justice—‘ Suurn cuique tribuere.’ There is nothing in
Magna Charta, rightly construed as a broad charter of public right and
law, which ought to exclude the best ideas of all systems and of every
age; and, as it was the characteristic principle of the common law to
draw its inspiration from every fountain of justice, we are not to assume
that the sources of its supply have been exhausted. On the contrary,
we should expect that the new and various experiences of our own
situation and system will mold and shape it into new, and not less use­
ful, forms.” W e have seen no reason to doubt the soundness o f these
views. In the future growth of the nation, as heretofore, it is not
impossible that Congress may see fit to annex territories whose juris­
prudence is that of the civil law. One of the considerations moving to
such annexation might be the very fact that the territory so annexed
should enter the Union with its traditions, laws, and systems of admin­
istration unchanged. It would be a narrow construction of the Con­
stitution to require them to abandon these, or to substitute for a system
which represented the growth of generations of inhabitants a jurispru­
dence with which they had had no previous acquaintance or sympathy.
W e do not wish, however, to be understood as holding that this power
is unlimited. While the people of each State may doubtless adopt such
systems of laws as best conform to their own traditions and customs,
the people of the entire country have laid down in the Constitution of
the United States certain fundamental principles, to which each member
of the Union is bound to accede as a condition of its admission as a
State. Thus the United States are bound to guarantee to each State a
republican form of government, and the tenth section of the first article
contains certain other specified limitations upon the power of the several
States, the object of which was to secure to Congress paramount author­
ity with respect to matters of universal concern. In addition, the four­
teenth amendment contains a sweeping provision forbidding the States
from abridging the privileges and immunities of citizens of the United
States, and denying them the benefit of due process or equal protection
of the laws.




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BULLETIN OF THE DEPARTMENT OF LABOR.

This court has never attempted to define with precision the words
“ due process of law,” nor is it necessary to do so in this ease. It is suffi­
cient to say that there are certain immutable principles of justice, which
inhere in the very idea of free government, which no member of the
Union may disregard, as that no man shall be condemned in his person
or property without due notice, and an opportunity of being heard in
his defense. What shall constitute due process of law was perhaps as
well stated by Mr. Justice Ourtis in Murray’s Lessees v. Land Co., 18
How., 272,276, as anywhere. He said: “ The Constitution contains no
description of those processes which it was intended to allow or forbid.
It does not even declare what principles are to be applied to ascertain
whether it be due process. It is manifest that it was not left to the leg­
islative power to enact any process which might be devised. The article
is a restraint on the legislative as well as on the executive and judicial
powers of the Government, and can not be so construed as to leave
Congress free to make any process ‘ due process of law’ by its mere
will. To what principles, then, are we to resort to ascertain whether
this process enacted by Congress is due process? To this the answer
must be twofold: W e must examine the Constitution itself to see whether
this process be in conflict with any of its provisions. I f not found to
be so, we must look to those settled usages and modes of proceeding
existing in the common and statute law of England before the emigra­
tion of our ancestors, and which are shown not to have been unsuited
to their civil and political condition by having been acted on by them
after the settlement of this country.
It was said by Mr. Justice Miller, in delivering the opinion of this
court in Davidson v. New Orleans, 96 U. S., 97, that the words “ law of
the land,” as used in Magna Charta, implied a conformity with the
“ ancient and customary laws of the English people,” and that it was
wiser to ascertain their intent and application by the “ gradual process
o f judicial inclusion and exclusion as the cases presented for decision
shall require, with the reasoning on which such decisions may be
founded.” Recognizing the difficulty in defining with exactness the
phrase “ due process of law,” it is certain that these words imply a
conformity with natural and inherent principles of justice, and forbid
that one man’s property, or right to property, shall be taken for the
benefit of another, or for the benefit of the State, without compensa­
tion, and that no one shall be condemned in his person or property
without an opportunity of being heard in his own defense.
As the possession of property, of which a person can not be deprived,
doubtless implies that such property may be acquired, it is safe to say
that a State law which undertakes to deprive any class of persons of
the general power to acquire property would also be obnoxious to the
same provision. Indeed, we may go a step further, and say that as
property can only be legally acquired, as between living persons, by
contract, a general prohibition against entering into contracts with
respect to property, or having as their object the acquisition of prop­
erty, would be equally invalid.
The latest utterance of this court upon this subject is contained in
the case o f Allgeyer v. Louisiana, 165 U. S., 578, 591, 17 Sup. Ct., 427,
in which it was held that an act of Louisiana which prohibited indi­
viduals within the State from making contracts of insurance with cor­
porations doing business in New York was a violation of the fourteenth
amendment. In delivering the opinion of the court, Mr. Justice Peckham remarked: “ In the privilege of pursuing an ordinary calling or
trade, and of acquiring, holding, and selling property, must be embraced




DECISIONS OP COURTS AFFECTING LABOR.

633

the right to make all proper contracts in relation thereto; and, although
it may be conceded that this right to contract in relation to persons or
property, or to do business within the jurisdiction of the State, may be
regulated, and sometimes prohibited, when the contracts or businessconflict with the policy of the State as contained in its statutes, yet the
power does not and can not extend to prohibiting a citizen from making*
contracts o f the nature involved in this case, outside of the limits and
jurisdiction of the State, and which are also to be performed outside o f
such jurisdiction.”
This right o f contract, however, is itself subject to certain limitations
which the State may lawfully impose in the exercise of its police pow­
ers. While this power is inherent in all governments, it has doubtless
been greatly expanded in its application during the past century, owing*
to an enormous increase in the number of occupations which are dan­
gerous or so far detrimental to the health of employees as to demand
special precautions for their well being and protection or the safety o f
adjacent property. While this court has held (notably in the cases o f
New Orleans v. Davidson, 95 U. S., 465, and Yick W o v. Hopkins, 11$
U. S., 356, 6 Snp. Ct., 1064) that the police power can not be put forward
as an excuse for oppressive and unjust legislation, it may be lawfully
resorted to for the purpose of preserving the public health, safety, or
morals, or the abatement of public nuisances, and a large discretion
46is necessarily vested in the legislature, to determine, not only what
the interests of the public require, but what measures are necessary for
the protection of such interests.” (Lawton
Steele, 152 U. S., 133,
136, 14 Sup. Ct., 499.)
The extent and limitations upon this power are admirably stated bjr
Chief Justice Shaw in the following extract from his opinion in Massa­
chusetts v. Alger, 7 Cush., 84: 44W e think it a settled policy, growing
out of the nature of well-ordered civil society, that every holder o f
property, however absolute and unqualified his title, holds it under the
implied liability that its use may be so regulated that it shall not be
injurious to the equal enjoyment of others having an equal right to the
enjoyment of their property, nor injurious to the rights of the commu­
nity. All property in this Commonwealth, as well in the interior as
that bordering on the tide waters, is derived directly or indirectly from
the Government, and held subject to those general regulations which
are necessary to the common good and general welfare. Eights o f
property, like all other social and conventional rights, are subject to
such reasonable limitation in their enjoyment as will prevent them from
being injurious, and to such reasonable restraints and regulations by
law as the legislature, under the Government and controlling power
vested in them by the Constitution, may think necessary and expedient.”
This power, legitimately exercised, can neither be limited by contract
nor bartered away by legislation.
While this power is necessarily inherent in every form of government,
it was, prior to the adoption of the Constitution, but sparingly used in
this country. As we were then almost purely an agricultural people,
the occasion for any special protection of a particular class did not exist.
Certain profitable employments, such as lotteries and the sale o f intox­
icating liquors, which were then considered to be legitimate, have since
fallen under the ban of public opinion, and are now either altogether
prohibited or made subject to*stringent police regulations. The power
to do this has been repeatedly affirmed by this court. (Stone v. Missis­
sippi, 101 U. S., 814; Douglas v. Kentucky, 168, U. S., 488,18 Sup. Ct.,
199; Giozza v. Tiernan, 148 U. S., 657,13 Sup. Ct., 721; Kidd v. Pearson,
6368—No. 17----- 9



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BULLETIN OF THE DEPARTMENT OF LABOR.

128 U. S., 1, 9 Sup. Ct., 6 ; Crowley v. Christensen, 137 U. S., S6, 11
Sup. Ct., 13.)
While the business of mining coal and manufacturing iron began in
Pennsylvania as early as 1716, and in Virginia, North Carolina, and
Massachusetts even earlier than this, both mining and manufacturing
were carried on in such a limited way, and by such primitive methods,
that no special laws were considered necessary, prior to the adoption of
the Constitution, for the protection of the operatives; but, in th} vast
proportions which these industries have since assumed, it has been
found that they can no longer be carried on, with due regard to the
safety and health of those engaged in them, without special protection
against the dangers necessarily incident to these employments. In con­
sequence of this, laws have been enacted in most of the States designed
to meet these exigencies and to secure the safety of persons peculiarly
exposed to these dangers. Within this general category are ordinances
providing for fire escapes for hotels, theaters, factories, aud other large
buildings; a municipal inspection of boilers, and appliances designed
to secure passengers upon railways and steamboats against the dangers
necessarily incident to these methods of transportation. In States
where manufacturing is carried on to a large extent provision is made
for the protection o f dangerous machinery against accidental contact;
for the cleanliness and ventilation of working rooms; for the guarding
of well holes, stairways, elevator shafts, and for the employment of
sanitary appliances. In others, where mining is the principal industry,
special provision is made for the shoring up of dangerous walls; for
ventilation shafts, bore holes, escapement shafts, means of signaling
the surface; for the supply of fresh air, and the elimination, as far as
possible, o f dangerous gases; for safe means of hoisting and lowering
cages; for a limitation upon the number o f persons permitted to enter
a cage; that cages shall be covered; and that there shall be fences and
gates around the top of shafts, besides other similar precautions.
(Sand. & H. Dig. Ark., p. 1149; Rev. St. Cal., secs. 5045-5062; Supp.
Mills’ Ann. St. Colo., c. 85; Gen. St. Conn. 1888, secs. 2645-2647, 22632272; Rev. St. 111. 1889, p. 980; Thornt. Ind. St. 1897, c. 98, p. 1652; 2
Gen. St. Kan. 1897, pp. 813-824; Ky. St. (Barbour & Carroll), o. 88, p.
951; Supp. Pub. St. Mass. 1889-1895, pp. 582, 746,1163; How. Ann. St.
Mich., sec. 9209b et seq.; 3 Gen. St. N. J., p. 1900 et seq.; 2 Rev. St.
(Code & Gen. Laws N. Y.), p. 2069; Supp. Bright. Purd. Dig. Pa., p.
2241 et seq.)
These statutes have been repeatedly enforced by the courts of the
several States; their validity assumed; and, so far as we are informed,
they have been uniformly held to be constitutional.
In Daniels v. Hilgard, 77 111., 640, it was held that the legislature
had power under the constitution to establish reasonable police regulations for the operating of mines and collieries, and that an act pro­
viding for the health and safety of persons employed in coal mines,
which required the owner or agent of every coal mine or colliery
employing 10 men or more to make, or cause to be made, an accurate
map or plan o f the workings of such coal mine or colliery was not
unconstitutional, and that the question whether certain requirements
are a part o f a system o f police regulations, adopted to aid in the pro­
tection of life and health, was properly one of legislative determination,
and that a court should not lightly interfere with such determination,
unless the legislature had manifestly transcended its province. (See
also Coal Co. v. Taylor, 81 111., 590.)
In Pennsylvania v. Bonnell, 8 Phila., 534, a law providing for the



DECISIONS OF COURTS AFFECTING LABOR.

635

ventilation of coal mines, for speaking tubes, and tlie protection of
cages was held to be constitutional and subject to strict enforcement.
(Pennsylvania v. Oonyngbam, 06 Pa. St., 99: Durant v. Goal Oo., 97
Mo., 62.)
But if it be within the power of a legislature to adopt such means
for the protection of the lives of its citizens, it is difficult to see why
precautions may not also be adopted for the protection of their health
and morals. It is as much for the interest of the State that the public
health should be preserved as that life should be made secure. With
this end in view, quarantine laws have been enacted in most, if not all,
of the States; insane asylums, public hospitals, and institutions for the
care and education of the blind established; and special measures
taken for the exclusion of infected cattle, rags, and decayed fruit. In
other States laws have been enacted limiting the hours during which
women and children shall be employed in factories; and while their
constitutionality, at least as applied to women, has been doubted in
some o f the States, they have been generally upheld. Thus, in the
case o f Com. v. Hamilton Mfg. Co., 120 Mass., 383, it was held that a
statute prohibiting the employment of all persons under the age of 18,
and of all women laboring in any manufacturing establishment more
than 60 hours per week, violates no contract of the Commonwealth
implied in the granting of a charter to a manufacturing company, nor
any right reserved under the constitution to any individual citizen, and
may be maintained as a health or police regulation.
Upon the principles above stated we think the act in question may
be sustained as a valid exercise of the police power of the State. The
enactment does not profess to limit the hours of all workmen, but
merely those who are employed in underground mines, or in the smelt*
ing, reduction, or refining of ores or metals. These employments, when
too long pursued, the legislature has judged to be detrimental to the
health o f the employees; and, so long as there are reasonable grounds
for believing that this is so, its decision upon this subject can not be
reviewed by the Federal courts.
While the general experience of mankind may justify us in believing
that men may engage in ordinary employments more than 8 hours per
day without injury to their health, it does not follow that labor for the
same length of time is innocuous when carried on beneath the surface
o f the earth, where the operative is dej^rived of fresh air and sunlight,
and is frequently subjected to foul atmos])here and a very high temj>erature, or to the influence of noxious gases generated by the x>rocesses
of refining or smelting.
W e concur in the following observations of the supreme court of
Utah in this connection: “ The conditions with respect to health of
laborers in underground mines doubtless differ from those in which
they labor in smelters and other reduction works on the surface.
Unquestionably, the atmosphere and other conditions in mines and
reduction works differ. Poisonous gases, dust, and imx^alpable sub­
stances arise and float in the air in stamp mills, smelters, and other
works in which ores containing metals, combined with arsenic or other
poisonous elements or agencies, are treated, reduced, and refined, and
there can be no doubt that prolonged effort, day after day, subject to
such conditions and agencies, will produce morbid, noxious, and often
deadly effects in the human system. Some organisms and systems will
resist and endure such conditions and effects longer than others. It
may be said that labor in such conditions must be performed. Grant­
ing that, the period of labor each day should be of a reasonable length.



636

BULLETIN OF THE DEPARTMENT OF LABOR.

Twelve hours per day would be less injurious than 14, 10 than 12, and
8 than 10. The legislature has named 8. Such a period was deemed
reasonable. # * * The law in question is confined to the protection
of that class of people engaged in labor in underground mines, and in
smelters and other works wherein ores are reduced and refined. This
law applies only to the classes subjected by their employment to the
peculiar conditions and effects attending underground mining and work
in smelters, and other works for the reduction and refining of ores.
Therefore it is not necessary to discuss or decide whether the legisla­
ture can fix the hours of labor in other employments. Though reason­
able doubts may exist as to the power of the legislature to pass a law,
or as to whether the lawr is calculated or adapted to promote the health,
safety, or comfort of the people, or to secure good order or promote the
general welfare, we must resolve them in favor of the right of that
department of government.” (46 Pae., 1105.)
The legislature has also recognized the fact, which the experience of
legislators in many States has corroborated, that the proprietors of
these establishments and their operatives do not stand upon an equal­
ity, and that their interests are, to a certain extent, conflicting. The
former naturally desire to obtain as much labor as possible from their
employees, while the latter are often induced by the fear of discharge
to conform to regulations which their judgment, fairly exercised, would
pronounce to be detrimental to their health or strength. In other
words, the proprietors lay down the rules, and the laborers are practi­
cally constrained to obey them. In such cases self-interest is often an
unsafe guide, and the legislature may properly interpose its authority.
It may not be improper to suggest in this connection that although
the prosecution in this case was against the employer of labor, who
apparently, under the statute, is the only one liable, his defense is not
so much that his right to contract has been infringed upon, but that
the act works a peculiar hardship to his employees, whose right to
labor as long as they please is alleged to be thereby violated. The
argument would certainly come with better grace and greater cogency
from the latter class. But the fact that both parties are of full age,
and competent to contract, does not necessarily deprive the State of
the powder to interfere, where the parties do not stand upon an equality,
or where the public health demands that one party to the contract shall
be protected against himself. The State still retains an interest in his
welfare, however reckless he may be. The whole is no greater than
the sum of all the parts, and when the individual health, safety, and
welfare are sacrificed or neglected, the State must suffer.
We have no disposition to criticise the many authorities which hold
that State statutes restricting the hours of labor are unconstitutional.
Indeed, we are not called upon to express an opinion upon this subject.
It is sufficient to say of them that they have no application to cases
where the legislature had adjudged that a limitation is necessary for
the preservation o f the health of employees, and there are reasonable
grounds for believing that such determination is supported by the
facts. The question in each case is whether the legislature has adopted
the statute in exercise of a reasonable discretion*, or whether its action
be a mere excuse for an unjust discrimination, or the oppression or
spoliation o f a jiarticular class. The distinction between these two
different classes o f enactments can not be better stated than by a com­
parison of the views of this court found in the opinions in Barbier v.
Connolly, 113 U. S.,. 27, 5 Sup. Ct., 357, and Soon Hing v. Crowley, 113




637

DECISIONS OF COURTS AFFECTING LABOR.

IL S., 703, 5 Sup. Ct., 730, witli those later expressed in Yick W o v.
Hopkins, 118 IT. S., 350, 6 Sup. Ct., 1064.
We are of opinion that the act in question was a valid exercise of the
police power of the State, aud the judgments of the supreme court of
Utah are therefore affirmed.
Mr. Justice Brewer and Mr. Justice Peckham dissented.

C o n s t it u t io n a l it y
e t c . —Schmalz

of

S t a t u t e — T r a d e -M a r k s

of

Trade

v. Wooley et al., 39 Atlantic Reporter, page
539.—This case came before the court of chancery of New Jersey upon
a bill in equity asking for an injunction and damages. Said bill was
demurred to, and after a hearing upon the demurrer the court rendered
its decision February 5, 1898, and sustained the demurrer.
From the opinion of the court, which was delivered by Vice-Chancellor
Stevens, the following, showing the facts in the case and the reasons
for the decision, is quoted :
This bill is filed on behalf of an unincorporated association of journey­
men hatters known as the Union Hat Makers9Association of Newark,
N. J., of which complainant is president. It alleges that the associa­
tion, on September 10,1890, caused to be filed for record with the sec­
retary of state duplicate copies of the label, trade mark, etc., before
that time adopted by said association, and that the same has been
owned and in actual use by the United Hatters of North America and
by the Union Hat Makers9Association, a subassociation, and the other
subassociations and local unions of journeymen hatters throughout the
United States and Canada, for about 10 years past, “ for the purpose
of designating, making known, or distinguishing goods, wares, merchan­
dise, or other products of labor, as having been made, manufactured,
produced, prepared, packed, or put on sale by such persons or associa­
tions or unions of workingmen known as journeymen hatters, or by a
member or members of such associations or unions $99and that the class
o f merchandise to which the label has been appropriated consists of
hats and caps upon which the skilled labor required has been done by
a member of the United Hatters of North America or of the subasso­
ciations or local unions of journeymen hatters belonging thereto. The
label consists of a picture or representation of a globe, over which is
written the words “ Union Made,99 and around which is written “ The
United Hatters of North America." The bill alleges that the defendants
Wooley aud Crane, of the city of Newark, are and have been for more
than 3 years last past partners in trade, engaged in the business of
manufacturing and selling hats in large quantities at their factory in
Fair street, Newark, and that they are now, and for the last 3 years
have been, wrongfully and knowingly using a counterfeit or imitation
label on all or nearly all hats finished at and sent out from their fac­
tory, and that their factory is a “ foul shop," not working under the
jurisdiction of the said United Hatters of North America. The bill
prays for an injunction and damages. The defendant demurs.
The complainant puts his title to relief, first, on the j>rinciple on
which equity ordinarily interferes in such cases $ and secondly, on the
provisions of those acts of legislature which provide for the adoption
of labels by unions of workingmen.
U n io n s ,




638

BULLETIN OF THE DEPARTMENT OF LABOR.

His first position is clearly untenable, in view of tlie decision in
Schneider v. Williams, 44 N. J. Eq., 391,14 Atl., 812. That case is, in
all its essential features, identical with the case in hand. In both
cases a label was adopted which was to be placed upon goods made by
members of the association only. In both cases such labels had been
used for a considerable period of time, and in both cases the defend­
ants were alleged to be conducting their business in such manner as to
deceive those who dealt with them. But in neither case did the bill
show that the complainant, or those whom he represented, had any
property right in the goods labeled. In referring to the bill then
before him, Yice-Ohancellor Yan Fleet said that it was defective in
this respect: It did “ not show that the complainants have applied
their mark or label to a vendible commodity, of which they are the
owners or in which they trade, and that they have put such commodity,
marked with their mark, on the market.” The. case in hand discloses
the same defect. It is not anywhere alleged that tbe association of
journeymen hatters, on whose behalf complainant sues, are the owners
of or that they are trading in the hats or caps to which the label is
applied, or that they have ever put them on the market. Without
overruling this decision, it would be impossible to give complainant
relief on the ground of the ordinary practice of courts of equity in
dealing with trade marks or labels.
But it is said that the statute has conferred a new right upon these
associations. The first act was passed in March, 1889, the year after
the decision in Schneider v. Williams, and presumably in view o f that
decision. It authorizes the court to enjoin the manufacture, use, or
display o f labels made to counterfeit the labels adopted by associations
or unions o f workingmen. This act is attacked as being contrary to
that provision of the constitution of this State, which prescribes that
the legislature shall not pass private, local, or special laws “ granting
to any corporation, association, or individual any exclusive privilege,
immunity, or franchise whatever.” The argument is that the legisla­
ture has conferred upon associations or unions of workingmen a right
of property in labels or trade marks which it has not conferred upon
other citizens. What is the nature of the right conferred? Section 1
(3 Gen. St., p. 3678) enacts that it shall be lawful for associations and
unions o f workingmen to adopt, for their protection, labels, trade-marks,
and forms of advertisements announcing that goods manufactured by
members o f such associations or unions are so manufactured. By sec­
tion 2 it is enacted that persons counterfeiting these labels, etc., shall
be guilty of a misdemeanor punishable by fine and imprisonment; and
by section 5 it is further enacted that every association or union adopt­
ing a label may proceed by suit in the courts of this State “ to enjoiu
the manufacture, use, display, or sale of any such counterfeits, and
that all courts having jurisdiction thereof (1 ) shall grant an injunction
to restrain and prevent such manufacture, use, display, or sale;” (2)
shall award the complainant damages; (3) shall require the defendants
to pay to the party injured the profits derived from such use; and (4)
sLall order the counterfeit destroyed.
Now, it seems to me, by these provisions, the legislature has sought
to convert what was only an imperfect right—that is, a right incapable
of being asserted in a court of justice against those who violate it—into
a complete and perfect one—a right protected by both criminal and civil
sanctions. Before its passage the right of property in a label or trade­
mark could only be asserted by those who owned or traded in the goods
to which it was applied. After its passage it was to become a species



DECISIONS OF COURTS AFFECTING LABOR.

639

of property per se, without any reference to whether the owner of the
label or trade-mark owned or traded in the goods to which it was
applied or not, or to whether it had ever been applied to any goods or
not. This new property right was, however, by the act of 1889, given
only to associations or unions of workingmen. No doubt these words
apply to unincorporated as well as to incorporated associations and
unions. Giving to them this, their widest, signification, it is self-evi­
dent that they embrace neither associations nor unions other than asso­
ciations or unions of workingmen, nor individual citizens. What, then,
the legislature has done is this: It has sought to give to some associa­
tions and to some individuals a right or privilege which it has not given
to other associations and to other individuals. On this two questions
arise: Is the right in question a u privilege,” within the meaning of the
constitution! and, if a privilege, is it one which may be given solely
to associations or unions of workingmen!
The right to the absolute ownership of a distinguishing mark or
design, protected by all the sanctions of the law, which may indicate
either the origin of the article made, aside from ownership, or the
bodies or persons who may have examined or approved it, is undoubt­
edly a valuable right, to many persons, under any circumstances. It
being clear that this right so conferred upon associations or unions of
workingmen is a privilege, in the constitutional sense, the question,
then, is whether it is a privilege which may be given solely to associa­
tions or unions of workingmen; that is, whether the law which confers
it is or is not special. It is so, unless it embraces the entire class of
persons to whose condition or needs it may be appropriate. The law
conferring the privilege must, in the language of Mr. Justice Knapp,
in Randolph r. Wood, 49 N. J. Law, 88, 7 Atl., 28G, “ embrace alb and
exclude none whose condition and wants render such legislation
equally necessary or appropriate to them as a class.” Now, the act in
question does not embrace all whose condition and wants render such
legislation appropriate. In the first place, it extends only to associa­
tions or unions of workingmen, not to individual workingmen, even
though those workingmen may be members of an association or union.
It would, I think, be difficult to assert that individual workingmen who
have acquired a reputation for what they make might not derive the
same kind of benefit, in greater or less degree, from the right to adopt a
label, protected by the law, that associations might derive from it. In
the second place, giving to the word 44workiugman” a very broad sig­
nificance—a significance perhaps broader than fairly belongs to it—and
conceding it to include all who work, whether with their hands or with
their brains, it could not be held to embrace partnerships, some of whose
members contribute capital only, or corporations engaged in manufactur­
ing or trading, and yet some of these firms and companies might find it
convenient to have the same privilege, protected by the same sanctions,
as is accorded to unions of workingmen; for this right is broader than
the ordinary right to labels and to trade marks, properly so called. It
seems plain, therefore, that this act does exclude from its operation
some classes of persons to whom such legislation would be appropriate,
and it is therefore open to the constitutional objection of being a
special law.
But it is said that the defect is cured by the act of 1892 as amended
by the act of 1895. (3 Gen. St., p. 3679.) That act, so amended, pro­
vides that whenever any person or any association or union of working­
men has adopted or shall adopt any label, etc., it shall be unlawful to
counterfeit it and to use and sell the counterfeit. Thus worded, it



640

BULLETIN OF THE DEPARTMENT OF LABOR.

embraces, no doubt, all kinds of persons and associations. The word
“ person” is inserted, and the word “ association” is divorced, by the
mode of expression, from its exclusive relation to workingmen. The
insistment on the part of the defendants is that this supplement does
not comply with the constitutional requirement that “ every law shall
embrace but one subject and that shall be expressed in its title.” The
title of the act o f 1892 is “ a further supplement to an act entitled ‘An
act to protect trade-marks and labels.’ ” The title of the act of 1895 is
“ An act to amend an act entitled ‘A further supplement to an act
entitled ‘ An act to protect trade-marks and labels,’ approved March
23,1892.” ’ Now, the difficulty arises here. There is upon our statute
books no act entitled “ An act to protect trade-marks and labels.” The
original act of 1889, whose provisions I have already discussed, is
styled “ An act to provide for the adoption o f labels, trade-marks, and
forms o f advertising by associations or unions of workingmen and to
regulate the same.” This was the only act upon our statute books
relating to the subject of labels and trade-marks when the act of 1892
was passed. Under these circumstances, we may deal with the.title of
the act o f 1892 in two ways—we may consider it literally or we may
read it as referring to the act of 1889. I f we take it literally, it clearly
fails to conform to the constitutional provision above mentioned. “ The
criterion in these cases,” says the late chief justice in Falkner v. Dorland, 54 N. J. Law, 410, 24 Atl., 403, “ is to ascertain, as closely as prac­
ticable, what impression, as to the object of the statute, its titular
expression is calculated to disseminate.” The expressed object of the
title under consideration is to supplement another act, viz, an act
entitled “ An act to protect trade-marks and labels.” But, as there is
no such act upon our statute books, it can not be supplemented. The
expressed object of the act of 1892 is therefore incapable of being
effectuated. The title “ is erroneous in the worst degree, for it is
misleading.” Taken literally, it can not be sustained.
But it is not necessary that the title of the amended act should be
set out in hcee verba. In State v. Woolard (N. 0., 1896), 25 S. E., 719,
it was said that, if sufficient appears in the title to make it clear beyond
cavil what prior act is referred to, it will be good. Does it clearly
appear in the title of the act of 1892 that the prior act referred to is
the act of 18891 While I think this may admit of some doubt, [ will
assume that, because there was only one act upon our statute book
relating to this subject, the title of the act of 1892 is to be read as
referring to that. Taking this view of the matter, and this is the view
that is most favorable to complainant, we are met with another diffi­
culty. The act then becomes a supplement to an act to provide for the
adoption of labels, etc., by associations or unions of workingmen. To
this restricted object the act itself, in its body, must be limited. It
was contended by counsel for complainant that the title of the act of
1889 might be so construed as to make it sufficiently general; that the
words “ the same ” might be read as referring to labels, trade-marks,
and forms of advertising generally, and not merely to those adopted by
associations or unions. I f the title in any part of it had dealt with the
general subject of labels, trade-marks, and forms o f advertising, this
construction might be possible. But it does not; it only deals with
labels, trade marks, and forms of advertising by associations or unions.
This limited class of labels, etc., is therefore the only antecedent to
which the word “ same ” can by any possibility refer. There is no
other. The title under consideration plainly has reference, not to
labels, etc., generally, but only to those adopted by associations or



641

DECISIONS OF COURTS AFFECTING LABOR.

unions of workingmen, and the word “ same” can refer only to the
labels, etc., so adopted.
I have thus far considered the case on the assumption that the act
referred to in the title of the act of 1892 is the act of 1889. It may be
suggested that the words of reference are not sufficiently clear to jus­
tify this assumption, and that what the legislature really intended to
do by the act of 1892 was to legislate for the first time on the general
subject of labels and trade-marks. To give effect to this supposed
intention, we must drop the words “ further supplement,” and read the
title thus: “ An act to protect trade-marks and labels.” To do this,
however, would be to make a new title, not to take that already made
by the legislature. I do not think it has ever been decided that the
court may reject a part of the title for the purpose of saving the act.
If it may, then a title which expresses a double object can easily be
converted into one which expresses a single object; and, if the court
may reject words, I do not see why it may not add them. But the
very numerous decisions on this subject in our courts do not give the
slightest intimation that the judicial branch of our Government pos­
sesses any such power. They do show very conclusively that it does
not. The fact is that the court has no more power to reconstruct the
title than it has to remodel the act itself. It must take both the title
and the body of the act as it finds them, and consider them accordingly.
I have thus far considered the case as affected by the statutes on the
subject which have been enacted up to the time the bill was filed. On
April 16, 1897, the legislature passed an act “ to amend and correct”
the titles of the acts of 1892 and 1895, and “ to declare the true intent
and purpose of the titles hereby amended and corrected.” This act
provided that the title of the act of 1892 entitled “ A further supple­
ment to an act entitled ‘An act to protect trade-marks and labels/”
should be amended so as to read “ A supplement to an act entitled ‘An
act to provide for the adoption of labels, trade-marks, and forms of
advertising by associations or unions of workingmen and to regulate
the same.’ ” The title of the act of 1895 was amended in like manner.
Assuming that the act of 1897, section 3 of which provides that it shall
be retrospective in its operation, is a proper subject of consideration,
it is manifest that it is open to the objection heretofore pointed out, viz,
that, although a title might easily have been framed sufficiently broad
to embrace the whole subject of trade-marks and labels, the title as
actually framed only extends to labels and trade-marks adopted by
associations or unions of workingmen. As the title does not go beyond
these associations or unions, the body of the original act, or of any sup­
plement thereto, can not go beyond them. As it can not, the restricted
legislation in question, as already shown, is open to the objection of
being a special law granting an exclusive privilege. The demurrer
should be sustained.

E m ployers’

L ia b il it y — R a il r o a d

C o m p a n ie s — V

ic e

P r in c i­

Hunter v. Kansas City and M. Railway and
Bridge Co., 85 Federal Reporter, page 379.—Action was brought in the
United States circuit court for the western district of Tennessee by
one Hunter against the above-named company, to recover damages for
a personal injury incurred while in the employ of said company, and
pals—

F e l l o w -S e r v a n t s —




642

BULLETIN OF THE DEPARTMENT OF LABOR.

due, as alleged, to tlie negligence o f one Kobert Snowden. Hunter
was one of four men, three colored laborers and one white mechanic,
Snowden, engaged in setting posts along the railroad track. They were
all put on this work by one Green, “ a boss” of the railroad. The posts
were to be set a certain height and distance from the rails, and it was
Snowden’s especial duty, by the use of a level and straightedge, to
ascertain and designate the proper places to put the posts, and having
done this all four of the men would proceed to set up the posts in the
places he had designated. The plaintiff, at the time of the accident,
was down in a post hole, hugging a post and directing its descent,
when suddenly the men above turned the post loose, and in rapidly
descending it pulled him down and wrenched his back. He alleged
that it was Snowden’s negligence that caused this to be done. A
judgment was rendered for the defendant upon the instruction of
the judge of the circuit court, and the plaintiff carried the case on
writ of error to the United States circuit court of appeals for the sixth
circuit, which rendered its decision February 8, 1898, and affirmed the
judgment of the lower court.
From the opinion of the court of appeals, which was delivered by
Circuit Judge Lurton, the following is quoted:
The learned counsel for the plaintiff in error concede that at com­
mon law Hunter and Snowden were fellow*servants, but say that under
the Arkansas statutes defining that relation he was a vice principal.
The Arkansas statute is as follows:
“ A ll persons engaged in the service of any railway corporations,
foreign or domestic, doing business in this State, who are intrusted by
such corporation with the authority of superintendence, control, or
command of other persons in the employ or service of such corporation,
or with the authority to direct any other employee, in the performance
o f any duty of such employee, are vice principals of such corporation,
and are not fellow-servants with such employee.
“ All persons who are engaged in the common service of such rail­
way corporations, and who, while so engaged, are working together to
a common purpose, of same grade, neither of such persons being
intrusted by such corporations with any superintendence or control
over their fellow-employees, are fellow-servants with each other;
Provided, Nothing herein contained shall be so construed as to make
employees o f such corporation in the service of such corporation fellowservants with other employees of such corporation engaged in any
other department or service of such corporation. Employees who do
not come within the provisions of this section shall not be considered
fellow-servants.” (Saud. & H. Dig., §§ 6248,6249.)
Such statutes do not encroach upon Federal authority, and con­
stitute the law of the State which Federal courts are bound to admin­
ister in suits arising within the State.
W e have, under this evidence, the case of three men working together
in the common purpose of setting a post in a hole prepared to receive
it. That Snowden received larger pay than Hunter, or that in some
respects his work was not the same as that done by his associates, does
not determine that he was a vice principal. The determining question
under this statute is whether he was intrusted by the corporation with




643

DECISIONS OF COURTS AFFECTING LABOR.

the authority of superintendence, control, or command of those with
whom he was associated in the service of the company, or with author­
ity to direct these other employees in the performance of their duty to
the common master. When, as in this case, it is shown that several
persons are associated together and working together to a common pur­
pose in the same department, they are presumed, under the second
section of the Arkansas statute, to be fellow-servants, and the burden
is upon him who claims that a different relation existed to establish
that one was a vice principal.
That Hunter should regard Snowden as a “ boss,” or that he assumed
to have some sort of control over those associated with him, will not
make him the representative of the corporation. The authority to con­
trol and direct others must be an authority “ intrusted by such corpora­
tion” to him. His authority may, of course, be implied from the very
nature of the duties imposed upon him; but he is not a vice principal
merely because his higher character, greater intelligence, superior race,
or natural habit of command caused him to assume an authority not
intrusted to him by the common master, or to be regarded and treated
with a respect due to his personal qualities, rather than to his delegated
power of control by those associated with him.
Snowden testified that he was not a “ boss,” and was given no author­
ity to command or control his associates. To him was intrusted the
use of the level and the gauge, for the purpose of aiding in the proper
alignment and adjustment of the posts which were being set by the
cooperation of all. His directions to deepen a hole, or to move a post
to the right or to the left, or to lower or to raise it, were more in the
nature of signals which a switch tender or brakeman might give to a
conductor or engineer to guide them in the movement of a.train than of
commands given in the exercise of the authority of a superior over an
inferior.
The particular duty of Snowden was to use his level and gauge and
announce the result. I f the hole was too deep or too shallow, or the
post not plumb, the fact was thereby ascertained, and it became his
duty and that of his associates to do what was necessary to bring it
into proper relation by deepening or filling or by other movement of
the post, indicated by the level and gauge. There was no sufficient
evidence to overcome the presumption that the relation of fellow serv­
ant existed under the construction placed upon the second section of
the Arkansas act by the supreme court of that State [Railway Co. v.
Becker, 63 Ark., 477, 39 S. W., 358], and the jury were properly
instructed, on this ground, to find for the defendant.

E m p l o y e r s ’ L i a b i l i t y — R a il r o a d

C o m p a n ie s — V

ic e

P r in c i­

St.
Louis, Iron Mountain and Southern Railway Go. r. Rickman, 45 South­
western Reporter, page 56.—This case was heard in the circuit court of
Woodruff County, Ark., having been brought by S. R. Rickman against
the above-named railway company to recover damages for injuries
received while in its employ. Judgment was rendered for Rickman,
and the company appealed the case to the supreme court of the State,
which rendered its decision March 19, 1898, and affirmed the judgment
of the lower court.
pals

— F e l l o w - Se r v a n t s — C o n t r ib u t o r y




N e g l ig e n c e —

644

BULLETIN OF THE DEPARTMENT OF LABOR.

All the facts in the case are stated in the opinion of the supreme
court, which was delivered by Chief Justice Bunn, and from which the
following is quoted:
Plaintiff was a section hand under the control of one McDougal as
foreman. On the 28th of January, 1895, some time about or just after
nightfall, it being a cold, snowy, and dark night, McDougal with plain­
tiff and three other section hands and a citizen, after quitting work for
the day, left Russell station on a hand car to go to their station house
at Bald Knob, a short distance south o f Russell, on the railroad. While
at Russell they could see the headlight of an engine at Bald Knob, and
a train was due to pass up about that time. It was suggested by one
of the hands that they had better wait until the coming train should
pass, but the foreman said, “ No; that the engine whose light was then
in view was standing at Bald Knob on a side track.” And so, board­
ing the hand car, they started for Bald Knob. It pretty soon became
evident that the train from Bald Knob was approaching, and another
of the hands suggested that they had better stop and take off the hand
car at the next crossing, which they were about then to arrive at. The
foreman said, “ No, we will go to the next crossing and then get off.”
But, before they reached the next crossing, the coming train had
approached so near that the foreman ordered them to slow up and get
off and take the hand car off, or words to that effect. This was all done
hurriedly. The foreman stood a little way from the hand car, directing
the hands to take it off quick. One of them fell, and plaintiff took his
place in the effort to lift the car off. A t this juncture the approach­
ing engine struck the hand car, knocking it off, and broke the leg of
plaintiff, who did not let go of the car in time to save himself as the
others did.
Under recent statutes (Sand. & H. Dig., §§ 6248,6249), a foreman
of a section gang is not a fellow-servant of the men belonging to the
gang under him, for the reason that they are under his control and
direction in the performance of their duties. There is no doubt in this
case but that the foreman, in operating the hand car and controlling its
movements, was acting in a very imprudent and hazardous manner, and
was guilty, therefore, of negligence. The plea that the plaintiff was
guilty of contributory negligence—all the defense left—is not estab­
lished by the evidence. What the defendant [plaintiff!] did was mani­
festly done in obedience to the order of the foreman to get the car off
quick. Plaintiff had a right to presume that the foreman, who was in
a situation to devote his whole attention to the approaching train and
the efforts of his men to get the hand car off the track, could better
determine than he what was best to be done under the circumstances.
W e do not think the danger was so apparently imminent but that he
could reasonably rely upon the direction of the foreman. He did so,
and was injured. He should not be charged with contributory negli­
gence under the circumstances. The negligence of the foreman, acting
for the company, did not consist so much in what he did at the place
of the accident as in running the hand car into a situation in which
nice chances must necessarily have to be taken in order to extricate
himself and others from peril, and by which the injury occurred. The
judgment is affirmed.




645

DECISIONS OF COURTS AFFECTING LABOR.

DECISIONS UNDER COMMON LAW .
B reach

of

Contract

of

E m p l o y m e n t — D is c h a r g e

Measu r e




of

D a m a g e s — Winkler v.

of

Em­

Racine Wagon and Garriagc Go., 74 Northwestern Reporter,page 793.—This action was brought
by Joseph Winkler against the Racine Wagon and Carriage Co. to
recover damages for breach of a contract of employment. A t a hearing
in the circuit court of Racine County, Wis., upon a demurrer to the
plaintiff’s complaint filed by the defendant company, said demurrer
was sustained by the court and the plaintiff appealed the case to the
supreme court of the State, which, on April 12,1808, rendered its deci­
sion and reversed the decision of the lower court.
The opinion of the supreme court was delivered by Judge Pinney,
and the following, laying down certain principles of law and sufficiently
showing the facts in the case, is quoted therefrom:
The defendant’s contention is that if, as is alleged in the complaint,
the plaintiff was wrongfully discharged by the defendant before the
expiration of the stipulated period of his service, he can not sue for
and recover the unpaid portion of the stipulated wages, except for past
services rendered and for such sums of money as had already become
due; that, as far as any other claim on the contract is concerned, he
should have sued for the injury he had sustained by his wrongful dis­
charge and breach of the contract in not being allowed to serve the
stipulated period and earn the wages agreed on, relying on the rule
laid down in Howard v. Daly, 61 N. Y., 362, and Weed v. Burt, 78 N. Y.,
191. The general rule is that when a contract is entire, as in the pres­
ent case, it is necessary for a party to show full performance on his
part before he can maintain an action upon it. The authorities recog­
nize certain exceptions to the rule, as where performance has been ren­
dered impossible by the act of God, by the act of the law, or by the act
of the other party. The defendant having wrongfully discharged the
plaintiff, and refused to receive his services or permit him to complete
his contract of service, the plaintiff had the right to treat it as broken,
and to sue on it, and recover according to its terms to the date of
such termination, and the measure of his damages prima facie would be
the contract price of the work; but the defendant might mitigate the
damages by showing that the party might have obtained other employ­
ment elsewhere. The burden of showing this is on the defendant. In
Danley v. Williams, 16 Wis., 581, it was held that where one contracts
to work for another, either for a specified time or until he finished a
building or other work, if he is prevented by the fault of the hirer he is
certainly damaged to the extent of the sum he would have received for
his services uuless he could obtain other employment in the meantime.
“ In the absence, therefore, of any evidence that the party might have
obtained any other employment, the law can adopt no other rule of
damages than the contract price, unless there is some legal presumption
that such other employment might be obtained.” (Barker v. Insurance
Co., 24 Wis., 630.)
The complaint counts, in substance, upon a breach by defendant of
the contract between the parties, in that it, without justification or
excuse, dismissed the plaintiff from its employment, notwithstanding
he was ready and willing to continue in its employment, and fully per­
form the contract on his part, and compelled him to seek employment
ployee—

646

BULLETIN OF THE DEPARTMENT OF LABOR.

elsewhere. Ifc seems to be the settled law of this State that, where a
party is thus wrongfully discharged by the employer before the expira­
tion of the contract period, he may wait until such period arrives, and
then recover against the employer the wages he would have earned but
for such wrongful discharge, less what he could have earned by employ­
ment elsewhere, which will be in reduction of damages.

E m p l o y e r s ’ L i a b i l i t y — D e f e c t i v e A p p l i a n c e s — Campbell v.
New Jersey Dry Dock and Transportation Co., 39 Atlantic Reporter, page
658.—Action was brought in the supreme court of New Jersey by James
Campbell against the above-named company to recover damages for
injuries received in its employ. A verdict was rendered for the plain­
tiff and the trial judge granted a rule to show cause why the verdict
should not be set aside and a new trial ordered. Upon hearing, the
rule was made absolute and a new trial ordered in a decision rendered
February 28,1898.
The plaintiff was a ship carpenter, and while with others at work in
letting a tank down into the hold of a vessel one of the hooks on the
tackle which was being used in lowering the tank broke, letting the
tank down on his hand and crushing it. The testimony showed that
the defendant’s tackle and hooks were kept in a shanty in the yard of
the company 5 that the boss rigger in charge of the work ordered two
of the men under him to get the tackle and hooks to be used in lower­
ing the tank; that one of them went to the shanty and got tackle and
hooks from there, but that the other, instead of following his example,
picked up a tackle and hooks which he found on the deck of the vessel
and which belonged to the vessel and not to the company; and that it
was a hook on this tackle so picked up that broke and let the tank
down on the plaintiff’s hand.
The decision of the supreme court was delivered by Judge Gummere,
and the syllabus of the same, which was prepared by the court, shows
the reason for the decision made and reads as follows:
A master who furnishes to his servant safe and suitable appliances
with which to do the work upon which he is engaged is not responsible
for injuries received by the servant by reason of defects in appliances
substituted by a fellow-servant for those furnished by the master.

E m p l o y e r s ’ L ia b i l i t y — F u r n is h in g S a f e T o o l s— A

s s u m p t io n

Lehigh Valley Coal Co. v. Warrek, 84
Federal Reporter, page 866.—Action was brought in the United States
circuit court for the eastern district of New York by one Warrek
against the above-named coal company to recover damages for per­
sonal injuries sustained by him while in the employ of said company at
its coal mines near Wilkesbarre, Pa. Judgment was rendered in favor
of Warrek and the company carried the case on a writ of error to the
of

B is k s

by

E m ployee,




e t c .—

d e c is io n s !

of

courts

a f f e c t in g

labor.

647

United States circuit court of appeals for tlie second circuit, which
rendered its decision January 25, 1898, and affirmed the judgment of
the lower court.
Warrek was assigned to check the si>eed of certain cars, loaded with
coal, running upon a track leading from the company’s mines to a coal
dunrp. In so doing he was accustomed to use blocks or wedge-shaped
pieces of wood which were put on the rails in front of the wheels. He
testified that when he wanted new blocks he would notify McKaa, the
foreman, and he would have them brought] that the carpenter always
brought them] that he ordinarily got new blocks every two or three
weeks; that he got the last blocks about four weeks before the acci­
dent] that on Friday before the accident (which hai>pened Monday
morning) he notified McKaa that he wanted new blocks; that on Satur­
day, when Mr. Shoemaker, the outside superintendent, told him to
hurry up, he replied, “ I can’t, Mr. Shoemaker, I got old blocks, a
little cracked and a little chipped off]” that both McKaa and Shoe­
maker promised him new blocks] that on Monday morning he had
blocked 5 cars before he was hurt; that when the sixth car was uncoujiled by his companion 50 or 60 feet up the grade, and came toward
him, he took a block from the pile and put it on the rail under the
wheel, and that the block split in two pieces, and the wheel came over
his hand and injured it.
The opinion of the circuit court of appeals was delivered by Circuit
Judge Lacombe, and in the course of the same he used the following
language:
The theory of the plaintiff [Warrek] was that defendant [Lehigh
Yalley Coal Company] was negligent, because it furnished defective
appliances to the plaintiff with which to do his work. Upon this review
all contested questions of fact must be resolved in favor o f plaintiff,
since the jury found for him. In view of the evidence that, whenever
plaintiff needed new blocks, he applied for them to the foreman, where­
upon the carpenter brought them j that, so far as plaintiff was informed,
there was no stock of new ones from which he could supply himself;
that plaintiff, three days before the accident, and again two days before
the accident, called the attention both o f the foreman and of the outside
sux)erintendent to the condition of the blocks, and asked for sound ones,
and that to his request both replied “ All right,” and the foreman
expressly promised to u give him new blocks right away,” this case is to
be distinguished from those cited on the brief, where the plaintiff had
a stock of new appliances at hand from which to help himself. Con­
ceding that there was no duty of regular inspection of the tools in use
imposed upon the foreman and superintendent, the defendant trusting
to the daily inspection of the men who used the tools for information
as to their condition of repair; nevertheless, when such information was
given to them, they (the foreman and superintendent), not the plaintiff,
were the proper agents to fulfill the master’s duty in furnishing reason­
ably safe tools. Touching the furnishing of such tools, they were not
fellow-servants with defendant, but were the master’s alter ego [viz,
vice principals]. So, too, when the servant has called attention to the
condition o f his tools, and been promised that safer ones will be fur­




648

BULLETIN OF THE DEPARTMENT OF LABOR.

nished promptly, he is not, as matter of law, to be held negligent for
continuing to use the old ones. u When a master has expressly prom­
ised to repair a defect, the servant can recover for an injury caused
thereby within such a period of time after the promise as it would be
reasonable to allow for its performance, and, as we think, for an injury
suffered within any period that would not preclude all reasonable expec­
tation that the promise might be kept.” (Hough v. Railway Co., 100
U. 8 ., 225.) The judgment is affirmed.

E m p l o y e r s ’ Lia b il it y — I n c o m p e t e n t Se r v a n t s — A

s s u m p t io n

v. Atlantic Coast Electric Railway Co., 39 Atlantic
Reporter, page 674.—This action was brought in the supreme court of
New Jersey by Nettie E. Chandler, administratrix of the estate of
Augustus E. Chandler, deceased, against the above named company
to recover damages for the death of her intestate. The declaration
alleged that the decedent, an employee of the defendant company,
while at work on its track, without any negligence or want of care on
his part, was run down and killed by one of the company’s cars; that
the company’s negligence, by which decedent’s death was alleged to
have been caused, consisted in the failure of the company to provide
suitable fenders or guards for its cars, and in knowingly employing an
unskillful and incompetent motorman to operate the car which ran
down the decedent. The defendant demurred to the declaration as
not showing a cause of action, and after a hearing on said demurrer
the supreme court rendered its decision February 28,1898, and over­
ruled the demurrer.
The opinion o f the court was delivered by Judge Gummere, and the
syllabus of the same, which was prepared by the court, is given below:
1. A servant who chooses to enter into an employment involving
danger o f personal injury which the master might have avoided takes
upon himself the risks of all the hazards incident to the employment,
the existence of which are known to him, or which are plain and obvious,
and which he has no reason to expect will be counteracted or removed;
and no action will lie against a master for injuries to the servant
resulting from such damages.
2. A master owes to his servants the duty of using reasonable care
and prudence in the selection of their fellow-servants; and, if he know­
ingly employs or retains in his service an unskillful or incompetent
workman, he is responsible for injuries received by an employee through
the unskillfulness or incompetency o f such workman.
of

R i s k — Chandler

E m p l o y e r s ’ L i a b i l i t y — N e g l i g e n c e — F e l l o w -S e r v a n t s —
o f R i s k — StucJce v. Orleans Railroad Co., 23 Southern
Reporter, page 342.—This action was brought by Frederick W . Stucke
against the company above named, a street railroad company operating
in the city o f New Orleans, in the civil district court of the parish o f

A

s s u m p t io n




DECISIONS OF COURTS AFFECTING LABOR.

649

Orleans, La., to recover damages for personal injuries received by him
while in the employ of said company. The evidence in the case showed
that one Willoz, the foreman o f the defendant company, having in
charge the repairs of its rolling stock, etc., had directed the plaintiff
to go into the pit and make some repairs on a car 5 that one Lasker wasdirected to accompany him,* that with that end in view Lasker was
sent to the plaintiffs house to summon him to come to the car house,,
and one John Villa was ordered to see that the plaintiff and Lasker
did the work according to directions; that they went to work in the
pit, and that on the morning of May 18, 1896, car. No. 16 was moved
from the shed to the pit track and carried to the pit, and while there
the plaintiff* painted it, top and bottom; that when this work had been
completed said car was taken away and car No. 17 took its place upon
the pit track for the purpose of undergoing some repairs; that the
plaintiff was at once set to work making repairs upon one of the brakes,,
when, immediately, car No. 8 cauie into the shed and, passing through
an open switch which had been carelessly and negligently left open by
John Villa, entered upon the pit track and came into collision writh car
No. 17, causing it to run over the plaintiff’s leg and to crush it so badly
that it had to be amputated; that plaintiff was wholly unaware of the
danger he was in while at work in the pit; that he had been put to
work there by the orders of the defendant’s foreman, in an emergency
and upon the spur of the moment; that he had never worked in the
pit previously, and that he had not been advised by any officer or
employee of the company of the risks and dangers of the situation and
employment.
Judgment was rendered for the plaintiff and the defendant company
appealed the case to the supreme court o f the State, which rendered
its decision January 24, 1898, and sustained the judgment of the lower
court.
The opinion of the supreme court was delivered by Judge Watkins,,
and the syllabus of the same was prepared by the court and reads aa
follows:
1. An invitation from the master or proprietor to come upon dangerous premises, without apprising him of the danger, is just as culpable,,
and an inquiry resulting from it is just as deserving of compensation:
in the case of a servant, as in any other.
2. A man can not be understood as contracting to take upon himself
risks which he neither knows, nor suspects, nor has reason to look for^
and it would be more reasonable to imply a contract on the part of the
master not to invite the servant into unknown dangers than one on
the part of the servant to run the risk of them.
3. Whether invited ujion the premises by the contract of service or
by the calls of business or by direct request is immaterial; the party
extending the invitation owes a duty to the party accepting it to see
that, at least, ordinary care and prudence are exercised to protect him
against dangers not within his knowledge and not open to observation.
4. The servant assumes the risks of such hazards as are apparently
incidental to an employment intelligently undertaken, and those only*
6368—No. 17-----10



650

BULLETIN OF THE DEPARTMENT OF LABOR.

5.
A superior is presumed to know whatever may endanger the per­
son or life of an employee in the discharge of the duties of his employ­
ment, and is bound to "specially warn him of the nature o f the danger,
unless said emjfloyee well knew of the existence and extent of the
hazard or risk and willingly exposed himself to it.
0.
I f the negligence of the master caused or contributed to the injury
of his servant, the former is liable to the latter, notwithstanding the
negligence of a fellow servant likewise contributed thereto.
7. When an injury is caused partly by the negligence of a fellowservant, and partly by the failure of the master to provide the servant
a reasonably safe place at which to work, the negligence of the fellowservant .will not exonerate the master.
8. When the service to be rendered requires for its performance the
employment of several persons, there is necessarily incident to the
service of each the risk that the others may fail in the exercise of
the caution that is essential to their mutual safety.
9. Consequently there is implied in the contract of service in such
case that each servant takes upon himself the risks arising from the
negligence of the other while in the common (employment, always pro­
vided that the master is not negligent in the selection or retention of
the fellow-servant of either, or in providing him a reasonably safe and
suitable place at which to work, and reasonably suitable tools and
materials with which to work.
10. It is necessary, in order to constitute a fellow service within this
rule of jurisprudence, that the servants should be fellow-laborers in
the same work or the same department of a common employment.

E m p l o y e r s ’ L ia b il it y — N e g l ig e n c e

of

E m ployer— A

ssum p­

Rhoades v. Varney et al^39 Atlantic Reporter, page 552.—
This action was brought in the supreme judicial court of Maine by
John A. Rhoades against Isaac Yarney and others, to recover damages
for injuries received while in the defendants’ employ. A verdict was
rendered for the plaintiff, Rhoades, and the defendants entered a motion
for a new trial. The court rendered its decision January 5, 1898, and
overruled the motion. The facts in the case are as follows: The plain­
tiff was employed to attend the utail stock” in defendants’ sawmill,
and while so doing his leg was brokeu by being caught between a pro­
jecting point or head-block of the retreating log carriage and the frame
supports of wooden rollers set in the floor, and designed to facilitate
handling the lumber as it came from the carriage. One of the defend­
ants was the sawyer, stationed near the saw, whose duty it was to
operate the carriage; and the negligence which the plaintiff alleged
consisted in his ucarelessly, negligently, and without notice, starting
the machinery opera ting said carriage” wliile the plaintiff was in the
act of removing the log from the carriage.
The opinion of the supreme judicial court was delivered by Judge
Foster, and the syllabus of the same, which was prepared by the court,
reads as follows:
1. Although between joint employers, one of them takes upon him­
t io n o f

R is k —




DECISIONS OF COURTS AFFECTING LABOR.

651

self the function of a workman, tlie relation of master and servant
[between him while so acting and an employee working with him] nev­
ertheless continues to subsist.
2. When a defendant standing in the relation of master knows, or
by the exercise of ordinary care ought to know, that the plaintiff is in
a place of danger, it is the duty of such defendant, therefore, to exer­
cise ordinary care on his part, so as not to expose the plaintiff to perils
that might by the exercise of such care have been avoided.
3. The servant, though employed in a place of more or less danger,
has a right to expect the exercise of due care on the part of his employer.
4. The servant, in assuming the ordinary risks of an employment,
does not assume a risk which is the consequence of the employer’s
negligence.

E m p l o y e r s ’ L i a b i l i t y — B a il r o a d C o m p a n ie s — A

s s u m p t io n o f

Little Rock
and Memphis Railroad Go. v. Barry, 84 Federal Reporter, page 944.—This
action was brought in the United States circuit court for the eastern
district of Arkansas by (x. E. Barry against the above-named railroad
company to recover damages for personal injuries sustained while in
the employ of said company. Judgment was rendered for the plain­
tiff, and the defendant company brought the case on writ of error before
the United States circuit court of appeals for the eighth circuit. Said
court rendered its decision January 31,1898, and reversed the judgment
of the lower court.
The opinion of the court was delivered by Circuit Judge Sanborn, and
the following, quoted therefrom, shows the important facts in the case
and the reasons for the decision:

B is k s

by

E m plo yee— B ules

for

B u n n in g T r a in s —

About 2 o’clock in the afternoon on October 26, 1890, engine No. 5
of the Little Bock and Memphis Bailroad Company ran into the rear
of a freight train on the railroad of that company, and G. F. Barry,
the defendant in error, who was the fireman on this engine, leaped from
it and was injured. He sued the company for damages, and alleged
that he was injured by its negligence in employing an incompetent con­
ductor upon the train his engine drew, and in failing to give notice to
its servants in charge of engine No. 5 of the whereabouts and move­
ments of the freight train, and in failing to give notice to its servants
in charge of the freight train of the whereabouts and movements of
engine No. 5. The plaintiff in error, the railroad company, answered
that its conductor was not incompetent, and that it was not its duty
to give the conductor and engineer of either of the trains which collided
notice o f the movements or whereabouts of the other. Upon these two
issues the testimony was conflicting, and the jury found for the defend­
ant in error. These facts, however, weie uncontradicted: The freight
train was a regular train. It had left Hopefield at 3.50 a. m.; was due
at Edmondson at 5 a. m., but had been so delayed that it did not leave
that station until 9.40 a. m., 4 hours and 40 minutes later than its
schedule time 5 and while it was standing on the main track, on a curve
in a deep cut outside the yard limits, about half a mile east of Forrest
City, at about 2 ’clock in the afternoon, engine No. 5 crashed into the



652

BULLETIN OF THE DEPARTMENT OF LABOR.

rear of it. The engineer in charge of this engine had passed this
freight train at Edmondson at 9.30 that morning on his way east to
Hopefield, and he knew it was late. When the superintendent of the
company delivered the order, under which the train drawn by engine
No. 5 was operated on this day, to its conductor, he told him to look
out for this freight train, as it was still in the bottom between Edmond­
son and Forrest City, and the conductor repeated this warning to the
engineer when he communicated the order to him before leaving Hopefield. In the early part of this day a military company, which arrived
at Memphis too late for the regular passenger train, engaged of this
railroad company an extra train to take it to Little Rock, and the
engineer and fireman of engine No. 5 were directed to draw this train
with their engine. The freight train was, as we have said, a regular
train, and it was known as “ No. 5.”
The rules of the company made this extra train inferior in grade to the
regular freight train, and imposed upon its conductor and engineer the
duty to keep out of the way of that freight train, which they knew was
somewhere upon the single track in front of them. These rules also
required the crew of the freight train, when it stopped and stood, as it
did, for three-quarters of an hour before the accident occurred, on the
curve, in a deep cut, one half mile east of Forrest City, to immediately
station and maintain a flagman 10 or 12 telegraph poles in the rear of
its train, and to place torpedoes on the track, not less than 15 telegraph
poles behind it, for the purpose of warning and stopping approaching
trains which might follow it. These rules gave the employees of the
company notice that it proposed to use its railroad for the passage of
trains at any time it chose, and that they must protect themselves
against their approach. The engineer of the extra train, however, did
not keep his engine under coutrol, so that he could stop it when lie saw
the freight train, but he drove it on with such speed that it was impos­
sible for him to prevent the collision after he came in sight of the regular
train; and the crew of the freight train failed to give warning to the
approaching extra of the presence of their train either by torpedo or
by flagman. In short, these fellow-servants of the defendant in error
were guilty of gross negligence, without which it is highly improbable,
if not impossible, that the accident could have occurred.
One o f the rules of the company, however, required all orders to be
given in writing, where practicable; and counsel for the defendant in
error insisted that the company was negligent because it did not insert
in the written order to the men in control of the extra train a state­
ment that the freight train was delayed east of Forrest City, and an
admonition to beware of it, and because the train dispatcher did not
stop the extra train at Edmondson, as it passed there, and notify its
crew again that the freight had not reached Forrest City. In support
of their view, three witnesses for the defendant in error, who had had
experience in railroading, testified that in their opinion this course
should have been pursued. On the other hand, it appeared by the evi­
dence that this railroad was operated under the standard rules, which
were prepared some years ago by experienced railroad men chosen for
the purpose by the officers of various railroad companies, and that
they had been subsequently so generally adopted, as the best in use,
that, in 1888, 58,000 (and at the time of the trial many more) miles of
railroad were governed and operated under them. Three witnesses of
skill and experience in the operation o f railroads, who were familiar
with these rules and the practice o f railroads under them, testified, in
effect, that in their judgment, and in the judgment of those who had




DECISIONS OF COURTS AFFECTING LABOR.

653

prepared and adopted them, they were the best and the most condu­
cive to safety of any rules in use in this country; that it is more con­
ducive to the safety of the operation of railroads to require the
men in charge of a train to look out for and protect themselves at all
times against other trains and engines, without notice of their where­
abouts and movements, than it is to undertake to give them notice of
these movements and whereabouts $ and this for the reason that if men
receive and come to expect notice of approaching trains, they will
invariably relax their vigilance, and rely upon the notice, rather than
upon their watchfulness, for their safety, and that in the long run they
will be caught in danger more frequently, and more accidents will hap­
pen at times when it is impossible or impracticable to convey notice to
them, than would occur if they were spurred to constant watchfulness
by the knowledge that a train was liable to come upon them at any
time without notice. It does not seem unreasonable to suppose that
men who are warned that other trains will pass over the railroad on
which they are operating without notice to them, and that they must
watch for and protect themselves against them at all times, would
operate their trains with more care and fewer accidents than they
would if an attempt were made to notify them of the whereabouts and
movements of all trains, in view of the fact that the expectation of
such notice might relax their vigilance, and that they would often be
in locations where it would be impossible to give them the notices. I f
experience has proved this supposition to be in accordance with the
fact, and has led to the adoption of rules which do not require, but
discountenance, such notices, because the habit of giving them has
been found to increase the number and danger of accidents, as the
adoption o f these standard rules by so many railroad companies and
the testimony of the experienced witnesses who are operating railroads
under them tend to show, it can not be said that it was the duty of
the defendant to give these notices, nor that its failure to give them
was negligence.
The fact is not forgotten that the defendant in error produced three
witnesses who testified that such notices should have been given. But
in our opinion their testimony is insufficient, in face of the evidence of
three witnesses of equal credibility who testified to the contrary, to so
clearly establish the vice of the theory, and the unreasonableness of
the rules and practice which companies operating more than 58,000
miles o f railroad have adopted as the best and most conducive to
safety, as to warrant a court in so declaring as a matter of law. Un­
less the rules they adopt are clearly shown to be palpably unreasonable
or clearly insufficient, railroad companies ought not to be charged with
negligence on account of their adoption and use. In our opinion, there
was no such proof in this case. The defendant in error and the other
servants of the company were familiar with these rules and the theory
upon which they were based. By taking service under them without
objection or protest, they assumed the risks and dangers of the theory
that every employee who operates trains must beware of other trains
moving in the same direction, without notice of their whereabouts, and
the risks and dangers of the system of rules which was based upon
this theory.
The railroad company had the right to presume that its servants on
these trains would obey its rules and discharge these duties, and it had
the right to act upon that assumption. It was its right to calculate the
natural and probable result of its acts and omissions upon this suppo­
sition. Indeed, it could reckon upon no other, for it is alike imprac­




654

BULLETIN OF THE DEPARTMENT OF LABOR.

ticable and impossible to predicate and administer the rights and
remedies of men on the theory that their associates and servants will
either disregard their duties or violate the laws. Now, no one who
reckoned on the faithful discharge of their duties by these employees
could reasonably have anticipated this fatal collision as either a natu­
ral or probable consequence pf the failure to give these notices. Nor
could it have been the result of such failure, had not the unforeseen
negligence of the engineer of the extra train, and the gross and unex­
pected carelessness of the crew of the freight train, intervened to
interrupt the natural sequence o f events, to turn aside their course,
and to prevent the safe operation of these trains, which was the natural
and probable result of the rules and the orders which the defendant
gave. It was the gross negligence of these servants, which no one
could anticipate, that constituted the intervening and proximate cause,
without which this collision could never have been; and it is to this,
and not to the failure to give the notices, in our opinion, that this acci­
dent must be attributed, under the maxim, uCausa proxima non
remota spectator.” Tli6 judgment below must be reversed and the
cause remanded to the court below, with directions to grant a new
trial; and it is so ordered.

E m p l o y e r s ' L i a b i l i t y — B a il r o a d C o m p a n ie s — D e f e c t iv e A
P r i n c i p a l — Chicago,

p­

Burlington and Quincy Rail­
road Co. v. Kellogg, 74 Northwestern Reporter, page 454.—This action
was brought by George Kellogg against the above-named railroad
company to recover damages for personal injuries received while an
employee of said company. A judgment was rendered for Kellogg in
the district court of Phelps County, Nebr., and the railroad company
carried the case on writ o f error to the supreme court of the State,
which rendered its decision March 3, 1898, and affirmed the judgment
of the lower court.
The opinion of said court was delivered by Chief Justice Eagan, and
the facts in the case and the important reasons for the decision are
shown in the following quotation therefrom:
The first argument is that the petition does not state a cause of
action. Kellogg in his petition in substance alleges that on the 7th of
August, 1892, he was a station agent, of the railway company at Ber­
trand, Nebr.; that it was his duty as such agent to set the brakes on
cars left bypassing trains on the side tracks at that station, to prevent
the wind blowing the cars off the side track onto the main line; that
about 10 o’clock in the evening of said date he went upon a car stand­
ing on a side track at his station for the iiurpose of setting a brake
thereon, and that as he turned the brake a wire, which connected the
brake chain with the brake rod, broke, precipitating him from the car
on the bumpers thereof, and injuring him; that he had no knowledge
o f the defective condition o f the brake; that the company had negli­
gently permitted this brake to become and remain out of repair, in
this, that the chain which connects the brake with the brake rod
should be fastened to the latter by a half inch iron bolt; that this had
been lost out, and someone had connected the rod and chain with
a wire which was wholly unfit for that purpose. It is now insisted

p l ia n c e s —

V

ic e




DECISIONS OF COURTS AFFECTING LABOR.

655

tliat this petition does not state a cause of action, because it does not
allege that the company knew that the brake was out of repair, had
been improperly repaired with a wire, or that it had been in that con­
dition for such a length of time that the company should be charged
with notice of its defective condition. We think this argument un­
tenable. It is the duty of a master, at all times, to furnish his servants
w7ith tools and appliances reasonably safe and fit for the purposes for
which they are designed; and if a servant, where the defect of an ai>
pliance is not obvious, and where he has no knowledge of such defect,
and is not charged with the duty of knowing such defect without
negligence on his own part, is injured while attempting to use in the
service of the master a tool or appliance designed for the work in hand,
the master is liable for such injury. Since it was not the duty of the
station agent to inspect this brake, nor to repair it if he found it defect­
ive, and since be did not know that the brake was out of order, he had
the right to presume that it was in proper condition and reasonably fit
for the purposes for which it was intended; and the general allegation
that the railroad company had been guilty o f negligence in permitting
the brake to become and remain out of repair, coupled with the other
allegations o f the petition as to the plaintiffs duty, and his want of
knowledge of the defective condition of the brake, rendered the petition
invulnerable to demurrer.
A second argument is that the judgment can not stand because Kel­
logg’s injury resulted from the negligence of a fellow-servant. It is
true that, in the absence of statute, the general rule is that a master is
not liable to one servant for an injury which he has sustained through
the negligence of a fellow-servant. In this case the evidence shows that
the railroad company has in its employ, at various stations along its
road, car repairers or inspectors whose duty it is to inspect the cars of
the company, the wheels and brakes, and other appliances thereof, and
if a brake is found out of order, to repair it. The evidence does not dis­
close that it was the duty o f the station agent (Kellogg) to inspect the
cars that came to his station, nor, should he discover that a car or an
appliance thereof was out of order, that it was his duty to repair it.
In the case at bar, if we are to consider that the verdict of the jury
includes a finding that Kellogg, the station agent, was not a fellowservant of liis coemployee, the car repairer or inspector, the evidence
in the record justifies that finding; and if, from the admitted facts, it
is for us to say, as a matter of law, whether the station agent and the
car repairer or inspector were fellow-servants, then we answer that
they were not.
The master’s liability in a case like the one at bar does not rest
upon an exception to the general rule that a master is not liable to one
servant for an injury caused to the latter by the negligence of a fellowservant. It rests upon the principle that it is the duty of a master to
furnish the servant tools and appliances reasonably fit and safe for the
performance of the duties required of the servant; and if the master
delegates to a servant the selection, inspection, and furnishing of these
tools and appliances, such a servant then stands in the place of the mas­
ter, and such servant’s neglect in the premises is the master’s neglect.
Or, applying the rule to the case at bar, the common master delegated
to the car inspector the duty of inspecting and repairing these brakes.
That car inspector then, in that matter, stood in the place of the rail­
way company itself, and the car inspector’s relation to the station
agent was not that of fellow-servant, but of vice principal. Judgment
affirmed.



656

BULLETIN OF THE DEPARTMENT OF LABOR.

G a r n is h m e n t — P r o p e r t y

Subject

to

— Paym ents

by

Gar ­

Hall v. Armour Hacking Co., 29 Southeastern Reporter, page
139.—This was a garnishment proceeding brought in the superior court
o f Bibb County, Ga., by C. H. Hall against the above-named company.
Judgment was rendered for the company, and the plaintiff, Hall, carried
the case on writ o f error to the supreme court of the State, which ren­
dered its decision July 28,1897, and affirmed the judgment of the lower
court.
Neither the facts in the case nor the opinion of the supreme court are
given, but the syllabus o f the opinion was prepared by the court, and
the following is quoted therefrom:
A garnishment served upon an employer is not effectual to reach the
salary o f an employee if the former was not indebted to the latter at
the time the garnishment was served, and did not become indebted to
him previous to the time o f making answer; and this is true although
the employer, even after service, paid the employee his salary in
advance, for the purpose of preventing the same from being reached by
the garnishment.

n is h e e —

U n io n
R ig h t

of

Labor
Cit y A

only

to

be

u t h o r it ie s

Em ployed
to

on

P u b l ic

W

M a k e S u c h P r o v is io n

orks—
in

Con­

Building Trades Council v. Board of Education of City of
Chicago, Vol. X X X , Xo. 30, Chicago Legal News, page 249.—This case
was submitted in the circuit court of Cook County, 111., under an act
approved June 17, 1887, page 158, acts of 1887 (sec. 100 of chap. 110,
Revised Statutes of 1891), providing for the oral submission of certain
controversies to the court without formal pleadings. The decision was
rendered March 12, 1898, and the submission dismissed on the ground
that there was no such legal controversy in the case as was contem­
plated by said act.
The opinion was delivered by Judge Tuley, and reads in part as
follows:
The questions submitted are: Whether the board of education of
the city of Chicago has “ the right to insert in all contracts and speci­
fications connected therewith the provision that none but union labor
shall be employed in any part o f the work where said work is classified
under any Existing union;’ ” and second, Whether said board of edu­
cation has the right to enforce a rule whereby “ none but union work­
men shall be employed and placed upon the pay roll of the board.”
There would be no question raised if the contracts or pay rolls in
question were those o f a private individual as to his right to provide
for the employment of union labor only. A private individual has the
undoubted right to put any such provision in any contract that he may
make, or he may put in a provision that no union labor shall be employed
in carrying on the contract. He may insert either provision that he
wishes, at a loss to himself, or from mere sentiment or caprice. The
law recognizes the right o f an individual to do what he will with his
own in that regard. There can be no doubt but that under certain
tracts—




DECISIONS OF COURTS AFFECTING LABOR.

657

circumstances tlie board of education might insert in its contracts a
provision for the employment of none but union labor, or provision
that no union labor should be employed; but, being public officials,
charged with the duties of a public trust, the members of the board
could not act, knowingly, at a loss to the public funds, or from mere
sentiment or caprice, or from any motive other than to subserve the
public interests and to faithfully discharge the public trust confided to
them.
If the board should find that the skilled labor of the country was
practically organized into “ unions,” whose members refused to work
with nonunionists; that unless a clause requiring all work to be done
by “ union” labor be inserted there will probably be “ strikes” upon the
work, causing delay, loss, and trouble incident to strikes; and if it
should find that by reason of the situation confronting the board
it would be wise and prudent to insert sueh provision; or, in other words,
if the board should, in the discharge of their public trust, be honestly
o f the opinion after due investigation that the public interests, both as
to economy in the construction o f the work and the character of the
work done, would be best subserved by the insertion of the union labor
clause in the contracts, it would clearly have the right, and it would
be its duty to insert such a provision.
There can, in my opinion, be no doubt of the legality of the unionlabor clause, nor as to the rule as to placing none but unionists upon
the pay roll if the board should be of the opinion that the public inter­
ests would be best promoted thereby. The propriety of so doing, or
the justification o f so doing, is a question solely for the board to decide.
They must decide as to the proper performance of their duties and the
proper discharge o f the trust imposed upon them.
It is urged, however, that the board o f education being a public
agency, and the work in question being work which is for the benefit
o f the public, that it is against public policy that the board of educa­
tion should discriminate as between “ union” and “ nonunion” labor.
Be that as it may, it. is not for the board of education to decide itself,
or to be guided by what it believes to be the best public policy. It is
for the State legislature to determine questions of public policy. The
board o f education has no legislative duties to perform in connection
with the carrying on of its public works, and in the absence of limita­
tions or restrictions imposed by the State legislature, it must perforin
its duties and discharge its trust with a view solely to the best inter­
ests o f the public, having regard to economy in the construction of the
work contracted for and the quality o f work to be done.
In my opinion, however, there is no such legal “ controversy” between
the parties to this submission (the board of education and the Build­
ing Trades’ Council) such as is contemplated by the act under which
this submission is made. Certainly no mandamus would lie against the
board of education to make it insert in its contract a “ union-labor”
or a “ nonunion-labor” clause, and there is no agreement between the
board and the Building Trades’ Council which the latter could file a
bill to enforce the specific performance of. In other words, there is no
controversy between these parties within the purview of the act in
question.
The submission made to the court will therefore be dismissed for that
reason.




L A W S OF VARIOUS STATES R E L A T IN G TO LABOR ENACTED SINCE
JA N U A R Y 1, 1896.
[The Second Special Report of the Department contains all laws of the various States and Terri­
tories and of the United States relating to labor in force January 1, 1890. Later enactments are
reproduced in successive issues of the Bulletin from time to time as published.]

GEORGIA.
ACTS OF 1897.
A ct JSTo . 340.— Convict, labor.
(Page 71.)

.

Section 6 Tlie [prison] commission shall have complete management and con­
trol of the State convicts, shall regulate the hours o f their labor: * * * Pro­
videdfurther, That any person or corporation, Having hired any convicts under the
provisions of this act, and failing or refusing to comply with the regulations of
the commission, shall forfeit all rights under any contract of hiring, and in their
discretion said commission shall have power and authority to take from said hirer
the convicts so hired, and rehire the ~ame under the provisions of this act. * * *
Sec . 8. * * * The commission shall have erected on said land so purchased
[purchased for a prison farm] suitable buildings, stockades, and appurtenances for
the safe-keeping and care of the following classes o f convicts: Females, boys under
15 years of age, and such aged, infirm or diseased convicts as, in the judgment of
the commission, should not be hired out: Provided, That the commission shall have
power and authority, in its discretion, to take from any hirer any convict whom
they have hired out and to place such convict upon the farm herein provided for,
relieving such hirer of that part of the hire of such convict for the time during which
such hirer is thus deprived o f the services o f such convict: Provided further, That
said commission shall likewise have power and authority, in its discretion, to take
from said farm any boy upon his reaching the age o f 15, or thereafter, and hiring
him out as other convicts are to be hired under the provisions of this act. * * *
The commission shall sell, to the best advantage, all surplus products of the peni­
tentiary, and shall apply the proceeds thereof to the maintenance of the institution
as far as necessary. Should any surplus funds arise from this source they shall be
paid into the State treasury annually, and the commission shall, at the end o f each
quarter, make to the governor a detailed report o f all such transactions: Provided,
The commission shall have authority to furnish such surplus products, or any part
thereof, to the State Asylum for the Insane at MiUedgeville, the Academy for the
Blind at Macon, and to the School for the Deaf at Cave Spring, should this be found
practicable.
S e c . 9. I f by reason o f the forfeiture o f any lease contract now in existence any
portion o f the convicts should be retaken by the State from the present lessees
before the lease contract expires, the commission may, in their discretion, place said
convicts so retaken upon said land, making suitable arrangements for their care and
maintenance, and utilize their labor in erecting the buildings, stockades, and appur­
tenances heretofore provided for, or such other labor as the commission deem profit­
able; or i f equitable arrangements can be made with any o f said lessees whereby
the State may resume control o f such portion o f the convicts as may be needed for
this purpose, the commission is authorized to make such arrangements and use said
convicts in the manner and for the purpose specified, but no such arrangement shall
be made unless it will be cheaper to the State than free labor.
Sec . 10. Should the authorities o f any county or any municipal corporation in this
State desire to utilize any number o f State or felony convicts on the public roads or
works in their respective counties or municipal corporations, said authorities may
file with said commission a requisition stating the number wanted, the kind of
work to be done, and the term for which they will be wanted, which requisition
must be filed with said board by the 10th day o f August, 1898, and said commission
is hereby authorized to furnish said county authorities the number so required.
After the year 1898 the said requisitions shall be filed by the commission in the order
in which same are received, and the convicts furnished thereon as the commission
658




LABOR LAWS— GEORGIA— ACTS OF 1897.

659

may be able, respect being bad to the amount offered. The convicts furnished
under this section shall be short-term (not over two years) men, and physically able
to do the work required of them. In no event shall any county be furnished with
felony convicts whose authorities fail to work its own misdemeanor convicts on the
public roads or public works. Should such requisition be made, and the convicts
furnished, the county or municipal authorities shall provide, without cost tp the
State, all transportation, maintenance, guards, and other necessaries, and shall pay
to the State not less than $36 per annum for each convict, to be collected and
applied as the hire o f convicts as hereinafter provided. The said convicts shall be
governed and controlled by the rules and regulations provided by the commission.
Sec . 11. A t the same time that advertisements are published for the purchase o f
laud, as provided by section 8 of this act, said commission shall run a similar adver­
tisement offering for hire, for terms not longer than 5 years, all the convicts not
embraced in section 8 o f this act, and not furnished the county authorities, as pro­
vided by section 10, to be employed at any labor consistent with reasonable punish­
ment and the physical ability o f the convicts: Provided, That the convicts shall, as
far as possible consistent with the best interests o f the State, be so worked that
the products o f their labor shall come least in competition with that o f free labor:
Provided fu rth er, That in no case shall convicts be worked in factories where women
are employed; the State furnishing all guards, physicians, the hirer furnishing
transportation, maintenance, medicine, clothing, and all other necessaries, and such
buildings as m aybe required (which shall be stated in the advertisement), and pay­
ing quarterly for the annual labor o f the convicts at an agreed price per annum per
capita. A t the time fixed in said advertisement the commission shall award said
convicts, or any o f them, to the bidder or bidders who offer the highest and best
price for the labor, but may reject any and all of said bids, and may make any other
contract o f hiring on the plan specified which, in their judgment, will carry out the
intentions o f this act and subserve the best interests of the State. Any hirer shall
have the right to sublet, by and with the consent of the commission, any number or
all the convicts hired by him, provided that there shall be no additional expense to
the State. The commission, in hiring the convicts, may contract with one or more
persons or companies, but no bids for less than 50 nor more than 5C0 convicts shall
be received; and all convicts sentenced after April 1, 1899, to the penitentiary
shall be disposed o f by the commission under and by virtue o f the provisions of
this act. * * *
Sec . 13. Upon the expiration of the present lease contract, the commission shall
place upon the property purchased the females, who shall be put at such labor as is
best suited to their sex and strength. They shall also place upon said farm or farms
all boys under 15 years o f age, who shall be put at such work as is best suited to
their strength and age, making provisions for such moral and manual training as
may be conducive to their reformation and restoration to good citizenship. Such
aged, infirm, or diseased convicts as in the judgment of the commission should not
be hired out, and such others as may be needed or reserved by said commission, shall
be put at such labor as the commission may direct. The convicts required by the
county or municipal authorities for public works therein shall be delivered to said
county or municipal authorities, and the residue shall be put at labor on the con­
tracts o f hiring made as herein provided.
Se c . 17. A ll laws and parts o f laws in conflict with this act are hereby rejmaled.
Approved December 21,1897.

TEXAS.
ACTS OF 1897, SPECIAL SESSION.
C hapter 6.— Liability o f railroad companies f o r injuries o f employees*
Section 1. Every person, receiver, or corporation operating a railroad or street
railway the line of which shall be situated in whole or in part in this State, shall
be liable for all damages sustained by any servant or employee thereof while
engaged in the work o f operating the cars, locomotives, or trains o f such person,
receiver, or corporation, by reason o f the negligence o f any other servant or
employee o f such person, receiver, or corporation, and the fact that such servants
or employees were fellow-servants with each other shall not impair or destroy such
liability.
Sec . 2. All persons engaged in the service of any person, receiver, or corporation,
controlling or operating a railroad or street railway the line o f which shall be situ­
ated in whole or in part in this State, who are intrusted by such person, receiver, or
corporation with the authority o f superintendence, control, or command of other
servants or employees of such person, receiver, or corporation, or with the authority




660

BULLETIN OF THE DEPARTMENT OF LABOR.

to direct any other employee in the performance o f any duty o f such employee, are
vice principals of such person, receiver, or corporation, and are not fellow-servants
with their coemployees.
S ec . 3. A ll persons who are engaged in the common service of such person, receiver,
or corporation, controlling or operating a railroad or street railway, and who while
so employed are in the same grade o f employment and are doing the same character
of work or service and are working together at the same time and place and
at the same piece o f work and to a common purpose, are fellow-servants with each
other. Employees who do not come within the provisions of this section shall not
he considered fellow-servants.
Sec . 4. No contract made between the employer and employee based upon the con­
tingency o f death or injury o f the employee and limiting the liability o f the employer
under this act or fixing damages to be recovered shall be valid or binding.
Se c . 5. Nothing in this act shall be held to impair or diminish the defense of con­
tributory negligence when the injury of the servant or employee is caused proximately by his own contributory negligence.
Se c . 6 The short duration o f the special session of the legislature, and the fact
that the existing fellow-servant law is inadequate to accomplish its purposes, and
the fact that a large portion o f our citizens have no adequate remedy for personal
injuries sustained, create an emergency, and an imperative public necessity exists,
that the constitutional rule requiring bills to be read on three several days be, and
the same is hereby suspended, and that this act take effect and be in force from and
after its passage, and it is so enacted.
Approved J une 18,1897.
[N ote .— The foregoing act passed the senate by a vote of yeas 20, nays 5 ; and
passed the house by a vote of yeas 64, nays 40.]

.

W IS C O N S IN .
ACTS OF 18$7.
C h a p t e r 155.
—

Marking convict-made goods.

S e c t i o n 1. All goods, wares and merchandise made by convict labor in any
penitentiary, prison, reformatory or other establishment in which convict labor is
employed in any State, except the State of Wisconsin, and imported, brought or
introduced into the State o f Wisconsin, shall before being exposed for sale, be
branded, labeled or marked as hereinafter provided, and shall not be exposed for
sale in any place within this State without such brand, label or mark.
Sec . 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 o f the peniten­
tiary, prison, reformatory or other establishment in which it was made, in plain
English lettering, o f the style and sizo known as great primer Roman condensed
capitals. The brand or mark shall in all cases, where the nature of the article will
permit, be placed upon the same, and only where such branding or marking is
impossible shall a label be used, and where a label is used it shall be in the form of
a paper tag, which shall be attached by wire to each article where the nature of 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 bo placed upon the outside o f aud upon the most
conspicuous part o f the finished article and its box, crate or covering.
Se c . 3. It shall be the duty o f the commissioner o f labor statistics and the district
attorneys o f the several counties to enforce the provisions o f this act, and when,
upon complaint or otherwise, 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, o f that fact, giving the infor­
mation in support o f his conclusions, and such district attorney shall at once insti­
tute the proper legal proceedings to compel compliance with this act.
Se c . 4. A person knowingly having in his possession for the purpose of sale, or
offering for sale, any convict-made goods, wares or merchandise, manufactured in
any State, except the State o f Wisconsin, without the brand, mark or label, required
by law, or who removes or defaces such brand, mark or label, is guilty o f a misde­
meanor, punishable by a fine o f not less than one hundred dollars, nor more than five
hundred dollars, in the discretion o f the court.
Sec . 5. This act shall take effect and be in force from and after its passage and
publication.
Approved April 1, 1897.




LABOR LAWS— WISCONSIN-----ACTS OF 1897.

661

Chapter 258.— Board o f arbitration and conciliation.
Section 1. Section 1, of chapter 364, of the laws of 1895, is hereby amended by
adding at the end of said section the following: All requests and communications
intended for said board may be addressed to the governor at Madison, who shall at
once refer the same to the said board for their action.
S ec . 2. Section 3, of said chapter 364, of the laws of 1895, is hereby amended by
striking out the word “ shall ” in the eighth line of said section and inserting in
place thereof, the words ‘ ‘ may without any application therefor and; ;; and further
by inserting after the word “ thereafter ” in the tenth line of said section, the word
“ shall,” so that said section when so amended shall read as follows: Section 3.
Whenever any controversy or difference not the subject of litigation in the courts of
this State exists between an employer, whether an individual, copartnership or cor­
poration, and his employees, if at the time he employs not less than twenty-five per­
sons in the same general line o f business in any city, village or town in this State,
said board may, without any application therefor, and upon application as herein­
after provided, and as soon as practicable thereafter, [shall] visit the locality of the
dispute and make careful inquiry into the case thereof, hear all persons interested
therein who may come before them, advise the respective parties what, i f anything,
should be done or submitted to by either or both to adjust said dispute, and make a
written decision thereof. This decision shall at once be made public, shall be pub­
lished in two or more newspapers published in the locality o f such dispute, shall be
recorded upon proper books of record to be kept by the secretary o f said board, and
a succinct statement thereof, published in the annual report hereinafter provided
for, and said board shall cause a copy of such decision to be filed with the clerk o f
the city, village or town where said business is carried on.
Sec . 3. This act shall take effect and be in force from and after its passage and
publication.
Approved April 17,1897.
Chapter 338.— Examination, licensing, etc., o f plumbers.
Section 1. No person, firm or corporation engaged in or working at the business
o f plumbing, in cities o f the first, second and third class, shall hereafter engage in
or work at said business in this State, either as a master or employing plumber, or as
a journeyman plumber, unless such person, firm or corporation, first receives a license
therefor, in accordance with the provisions of this act.
S ec . 2. Any person desiring to engage in or work at the business of plumbing,
either as a master or employing plumber, or as a journeyman plumber, shall apply
to the board of public works where such exist, or the board o f health having juris­
diction in the locality where ho intends to engage in or work at such business, and
shall, at such time and place as may be designated by the board of examiners here­
inafter provided for, to whom such application shall be referred, bo examined as to
his qualifications for such business. In case o f a firm or corporation, the examina­
tion and licensing o f any one member o f the firm or the manager of the corporation,
shall satisfy the requirements of this act.
Se c . 3. There will be in every city of the first, second and third class, having a
system of water supply or sewerage, a board of examiners of plumbers, consisting
of the board of public works, or where such board does not exist, the chairman of
the board o f health, and in cities having an inspector of plumbing, the inspector of
plumbing of said city, who shall be member ex officio of said board, and serve with­
out compensation, and a third member who shall be a practical plumber. Said third
member shall be appointed by the mayor of said city within three months from the
passage of this act, for the term o f one year from the first day of May, in the year o f
appointment, and thereafter annually before the first day o f May, and who will act
without compensation: Provided, That if, in any city there is no board of public
works or inspector of plumbing, said board of health shall appoint a second member
of said board o f examiners who shall be a practical plumber, who shall also act
without compensation.
Sec . 4. Said board o f examiners shall, as soon as may be after the appointment
of said third member, meet and organize by the selection of a chairman, and shall
then designate the times and places for the examination o f all applicants desiring to
engage in or work at the business o f plumbing within their respective jurisdiction.
Said board shall examine said applicants as to their practical knowledge of plumb­
ing, house drainage and plumbing ventilation, and i f satisfied of the competency of
the applicants, shall so certify to the board of public works or to the board o f health
or inspector o f plumbing, as the case may be, in their respective city. Said board
o f examiners shall thereupon issue a license to such applicant authorizing him to
engage in or work at the business of plumbing, as master plumber, or employing




662

BULLETIN OF THE DEPARTMENT OF LABOR.

plumber, or as a journeyman plumber. The fee for a license for a master or employ­
ing plumber shall be two dollars; for a journeyman plumber it shall be fifty cents.
Said license shall bo renewed annually upon payment of a fee of fifty cents. All
moneys accruing from such fees to be paid into the treasury of the city where
such licenses are issued. In case of removal beyond the jurisdiction o f the board of
examiners issuing the original license, it may be renewed by any board having like
authority. A license granted by a board o f examiners shall entitle the holder to
practice in all parts o f the State o f Wisconsin unless the local board where said
work is being done shall object, in which event said plumber shall be examined by
said local board according to this act.
Sec . 5. The board o f public works where such board exists, or the board of health
o f each city, mentioned in section 3, o f this act, shall, within three months from
the passage of this act, appoint one or more inspectors o f plumbing, who shall be
practical plumbers, and who shall hold office until removed by said board for cause
o f [sic] which must be shown. The compensation o f such inspector or inspectors
shall be determined by the board appointing them, and be paid from the treasury o f
their respective cities. Said inspector or inspectors shall inspect all plumbing work
for which permits are hereafter granted in their respective jurisdiction, in process of
construction, alteration or repair; and shall report to said board all violations of any
law, ordinance or by-law, relating to plumbing work, and also perform such other
appropriate duties as may be required.
Sec . 6. Each city o f the first, second and third class, having a system of water
supply or se average, shall, by ordinance or by-law, within six months from the passage
of this act, prescribe rules and regulations for the materials, construction, alteration
and inspection o f all pipes, faucets, tanks, valves and other fixtures, by and through
which supply or waste water or sewerage is used and carried, and provide that no
such pipes, tanks, faucets, valves or other fixtures shall be placed in any building in
such city, excejit in accordance with plans which shall be approved by the board of
public works, where such board exists, or the board o f health o f such city, <r such
person or persons as either o f said boards may designate; and shall further provide
that no id u m b in g work shall be done, except in case o f repair leaks, without a per­
mit being first issued therefor, upon such terms and conditions as such city shall
prescribe.
Se c . 7. Any person violating any provision of this act shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be subject to a fine not exceeding
fifty dollars for each and every violation thereof, and his license may be revoked by
the examining board provided for in section 3, o f this act.
S ec . 8. All acts and parts o f acts inconsistent herewith are hereby repealed.
S ec . 9. This act shall take effect and be [in] force within and after six months
after the passage o f this bill.
Approved April 24, 1897.
Chapter 375.— Regulation, etc., o f balceries.
Section 1. All buildings occupied as biscuit, bread and cake bakeries shall be so
drained and shall be provided with such a system of plumbing as shall conduce to
the proper and healthful condition thereof.
Se c . 2. Every room used for the manufacture of flour or meal food products shall
have, i f deemed necessary by the authority vested with the enforcement of this act,
an impermeable floor o f hard wood, properly saturated with linseed oil. The side
walls and ceiling of such rooms shall be plastered or wainscoted, and shall be white­
washed at least once in six months. The furniture and utensils in such rooms shall
be so arranged that the furniture and floor may at all times be kept clean and in
a proper aud healthful sanitary condition.
Sec . 3. The manufactured or meal food products shall be kept in perfectly dry and
airy rooms, so arranged that the floors, shelves and all other facilities for storing the
same can be easily and perfectly cleansed.
Sec . 4. Every such bakery shall be provided with a proper wash-room, soap and
towel, and water-closet or closets, with ventilation, apart from the bake-room or
rooms where the manufacturing o f such food products is conducted; and no watercloset, earth closet, privy or ash-pit shall be within or communicate directly with
the bake-room o f any bakery.
Sec . 5. The sleeping places for the persons employed in a bakery shall be sepa­
rate from the room or rooms where flour or meal food products are manufactured or
stored.
Se c . 6. Any person who violates any of the provisions of this law, or refuses to
comply with any o f the requirements of the authority vested with its enforcement,
as provided herein, shall be guilty of a misdemeanor, and on conviction shall be
punished by a fine o f not less than twenty or more than fifty dollars for a first
offense, and for a second offense by a fine of not less than fifty nor more than one




LABOR

LAWS— WISCONSIN— ACTS OF 1897.

663

hundred dollars, or by imprisonment, for not more than ten clays, and for the third
offense and every succeeding offense by a fine of not less than two hundred and fifty
dollars and by imprisonment for not more than six months, or by both such fine and
imprisonment.
S ec . 7. The owner, agent or lessee o f any property affected by the provisions of
sections one, two or four, of this act, shall, within sixty days after service o f notice
requiring any alteration to be made in or upon such premises, comply therewith.
Such notice shall be in writing, and may be served upon such owner, agent or lessee,
either personally or by mail; and a notice mailed to the last known address of such
owner, agent or lessee shall be deemed sufficient for the purposes of this act.
Sec . 8. The board of health of a city or town in which a bakery is situated, or in
which the business regulated by this act is carried on, may enforce the provisions of
this act and may cause copies of the same to be printed and posted in all bakeries
and places in which such business is carried on within their respective jurisdictions.
Se c . 9. This law is to take effect from and after the date o f its passage, and all
laws and parts of laws inconsistent herewith are hereby repealed.
[Note by the secretary of state.—-The foregoing act having been .presented to the
governor for his approval, and such approval having been withheld said act was
returned by him to the house of the legislature in which it was originated; it was
then passed over his veto by a vote of 21 ayes, and 8 noes in the senate; it was refused
passage over governor’s veto in the assembly by a vote of 56 ayes, and 31 noes; said
vote in the assembly was reconsidered and action of the senate concurred in by a
vote of 52 ayes, and 26 noes. Said act has been deposited in this department as a
law without the governor’s approval, as prescribed in the constitution.— Henry
Oasson, Secretary of State. August 21, 1897.]

U N ITE D STA T E S.
ACTS OF 1897, FIRST SESSION F IFTY -FIF TH CONGRESS.
C hapter 11.—

Importation offoreign convict-made goods.

S ection 31. All goods, wares, articles, and merchandise manufactured wholly or
in part in any foreign country by convict labor shall not be entitled to entry at any
of the ports of the United States, and the importation thereof is hereby prohibited,
and the Secretary of the Treasury is authorized and directed to prescribe such legulations as may be necessary for the enforcement of this provision.
Approved July 24, 1897.




RECENT GOVERNMENT CONTRACTS.
[The Secretaries of the Treasury, War, and Navy Departments have consented to
furnish statements o f all contracts for constructions and repairs entered into by them.
These, as received, will appear from time to time in the Bulletin.]

The following contracts have been made by the office of the Super­
vising Architect of the Treasury:
S a v a n n a h , G a .—A pril 30,1898. Contract with the Anderson Con­
struction Company, St. Louis, Mo., for interior finish, plumbing, gas
piping, and approaches for court-house and post-office, $76,997. Work
to be completed within six months.
P o r t l a n d , O r e o . —May 11,1898.
Contract with Bentley Construc­
tion Company, Milwaukee, Wis., for foundation, superstructure, roof
covering, and approaches for custom-house, $347,385. Snake liiver,
Oregon, granite to be used. Work to be completed within sixteen
months.
S a n F r a n c i s c o , C a l .— June 25,1898.
Contract with Thomas Mar­
shall, Pittsburg, Pa., for constructive steel work, roof framing, etc.,
for court-house, post-office, etc., $154,715.10. Work to be completed
before March 1, 1899.
K a n s a s C i t y , M o.—July 5,1898. Contract with Empire Fire Proof­
ing Company, Chicago, 111., for rear wall, steel and iron work, sky­
lights, brick and terra-cotta arches, with concrete filling over same,
and brick and terra-cotta partitions for court-house and post office,
$42,500. Work to be completed within six months.
C h e y e n n e , W y o .— July 7, 1898. Contract with Keefe & Bradley
for excavation, foundation, basement, and area walls, first floor steel
beams, girders, lintels, galvanized-iron flue linings, etc., catch-basins,
manholes, sewer connections, etc., for United States public building,
$31,800. Work to be completed within four months.
664