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M J . IN U .
55th Congress, ) HOUSE OF REPRESENTATIVES.(Doc.No.207.

Part. 3.

3d Session.

BULLETIN
OP THE

No. 22-MAT, 1899.
ISSUED EVERY OTHER MONTH.

EDITED B Y

CARROLL D. WRIGHT,
COMMISSIONER.

OREN W. WEAVER,
CHIEF CLERK.

W ASH IN G TO N :
GOVERNMENT




PRINTING

18 99.

OFFICE.




CONTENTS.

Page.

Benefit features of American trade unions, by Edward W . Bemis, Ph. D., of
the Kansas State Agricultural College....................................................................
The Negro in the Black Belt: Some social sketches, by W . E. Burghardt
Du Bois, Ph. D., of Atlanta U niversity..................................................................
Wages in Lyons, France, 1870 to 1896..........................................................................
Digest of recent reports of State bureaus of labor statistics:
Indiana.............................................................................................................................
New Hampshire.............................................................................................................
New Jersey.....................................................................................................................
Twelfth annual report of the State board of arbitration and conciliation of
Massachusetts..................................................................................................................
Digest of recent foreign statistical publications......................................................
Decisions of courts affecting labor.................................................................................
Laws of various States relating to labor enacted since January 1, 1896____
Recent Government contracts........................................................................................




in

361-400
401-417
418-420
421-424
424,425
425-428
428
429-436
437-490
491-499
500




BULLETIN
OF THE

D E P A R T M E N T OF L A B O R .
No. 22.

WASHINGTON.

Ma y , 1899.

BENEFIT FEATURES OF AMERICAN TRADE UNIONS.
B Y EDW ARD W . DEMIS, PH. D.

In studying American trade unions and comparing them with those
in Europe it is necessary to bear in mind not only the great inter­
mixture of nationalities in our unions, but also their youth. These
elements vastly increase the difficulty of concerted and intelligent
action.
With organizations, as with individuals, age is necessary for the
development of sound judgment and discreet action. Those unions
have shown the greatest strength that have developed benefit features,
joined to reserve funds and wise management. The converse of the
proposition is equally true, that it is the longest lived and strongest
unions that have most developed these features. Such unions also
have the largest reserve funds for time of possible trade disputes, and
have most carefully, through methods of conciliation, guarded against
rash occurrence of such disputes.
Of the existing British trade unions, 118 were organized prior to
1850. Their membership in 1896 was 217,445. (a) None of the exist­
ing national unions of America was formed prior to 1850, and even at
the close of 1880 only 12 unions, or about one-seventh of the existing
national or international organizations in America, had been organized.
Following is a list of these unions, with dates of formation:
Date.

International Typographical Union of North America (& ).........................................
Tack Makers’ Protective Union of the United States and Canada..........................
Hat Finishers’ International Association of North America......................................
Iron Molders’ Union of North America...............................................................................
Grand International Brotherhood of Locomotive Engineers.....................................
Cigar Makers’ International Union of America...............................................................
Bricklayers and Masons’ International Union o f Am erica........................................
Brotherhood of Locomotive Firem en.................................................................................
International Union of Horseshoers of the United States and C anada................
Amalgamated Association of Iron and Steel W o rk ers................................................
Window Glass Blowers’ Association...................... .........................................................
Granite Cutters’ National Union...........................................................................................

1850
1854
1854
1859
1863
1864
1865
1873
1875
1876
1877
1877

a See Ninth Report of the Chief Labor Correspondent of the Board of Trade on
Trade Unions.
b Originally organized as National Typographical Union. Name changed in 1869.




361

362

BULLETIN OP THE DEPARTMENT OF LABOR.

In 1886 Illinois, according to the Fourth Biennial Report of the
Bureau of Labor Statistics, had 634 independent locals and branches
of national organizations, with 114,365 members. Only 59 organiza­
tions, or 9.3 per cent of the total number, were in existence prior to
1880, and only 34, or 5.4 per cent, prior to 1877. The report of the New
York Bureau of Statistics of Labor for 1895 shows that in 1894, out of
909 labor organizations in the State, both independent unions and
branches of national bodies, reporting the date of organization, only
124, or 14 per cent o f the total number, were organized prior to 1877,
and 141, or 16 per cent of the total, were organized prior to 1880. The
Indiana Bureau of Labor Statistics, in its report for 1893, investigated
217 labor organizations in the State, including independent unions and
branches of national bodies. Of this number only 13, or 6 per cent,
existed prior to 1877, and only 16, or 7.4 per cent, prior to 1880.
In the United Kingdom 456 trade unions, or 34.3 per cent of all exist­
ing unions, were organized prior to 1880. In 1896 these 456 unions
contained 911,410 members, or 61.3 per cent of 1,487,562, the total
number of organized workmen. The number of British trade unions
here given apparently includes national organizations and strictly inde­
pendent locals.
A t the census of 1880 there were reported 2,440 small, independent
trade unions or branches of large ones in the United States. The
Knights of Labor had 866 of these branches, or 35.5 per cent of the
total. In the remaining branches were found only 10 trades having
more than 30 locals or independent unions each, with a total of 900
branches. If it is assumed that the average number in each branch
was 56 (as was the case with 506 branches of 10 unions especially
studied), the total membership of these 10 trades was only 50,400.
Assuming the same average number of members in each branch, the
total membership discovered by the census investigator, apart from
the Knights of Labor,was 88,144, or, with the Knights of Labor, 136,640,
which is stated by enumerators to be much larger than the year before.
This was a less number than was reported for one State alone in Sep­
tember, 1897. At that time the New York Bureau of Labor Statistics
reported 168,454 in 1,009 organizations. The largest union reported
at the census of 1880, judging by the number of locals, the Amalga­
mated Association of Iron and Steel Workers, had 173 locals and a
membership of 9,688, if the average membership per local be assumed
as 56. The next in size, the Brotherhood of Locomotive Engineers,
had 7,000 members in 149 branches. In the 74 branches of the Cigar
Makers* International Union there were 3,800 members. The Brother­
hood of Locomotive Firemen had 2,800 members in 78 locals. In the
73 branches of the International Typographical Union there were
only 6,968 members. In all these cases the figures refer to some time
in the year 1880.
Only four national unions reported any national benefit features.
One of these was the Brotherhood of Locomotive Firemen, with 2,800



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

363

members 5 another was the American branch of the Amalgamated
Society of Carpenters and Joiners, with 245 members. The other two
did not have national benefits for all their members, but had a sep­
arate insurance department open only to members of the trade society,
which the latter did not join unless they desired. One of these was
the Brotherhood of Locomotive Engineers, with 7,000 members in the
union, but only 2,203 in the insurance department. The other was
the National Marine Engineers, with 1,629 in the union, but only 342
in the insurance department. Thus only 5,590 American trade union­
ists were in receipt of other than strike benefits from their national
organizations.
It appears that, save when connected with railroad brotherhoods or
with the English unions, none of the American unions had any national
system of benefits in 1880. Bulletin No. 17 has already described the
subsequent development of the benefit features of the great railroad
brotherhoods since these small beginnings. Hence they will not be
referred to again. Substantially all the benefit features now in exist­
ence in American unions are thus seen to have developed since 1880.
It is not reasonable to expect that America can, as yet, present such a
record as that of Great Britain, where, as shown in the Bulletin for
May, 1898, and summarized in the table following, the 100 principal
trade unions, with their membership gradually increasing from 913,759
in 1892 to 966,953 in 1896, expended during the 5 years an average of
$24.11 per member for benefit features, $6.87 for management and mis­
cellaneous expenses, and only $7.66 for trade disputes. In other words,
the expenditure for the last-named purpose was less than one third of
the expense for sick, accident, superannuation, funeral, unemployed,
and other benefits, and was only 19.8 per cent of the total expenditure.
EXPEN D ITU RES PER M EMBER OF 100 PR INCIPAL BRITISH TRA D E UNIONS, 1892 TO
1896.
Per cent
of each
expend­
iture of
total.

1892.

1893.

1894.

1895.

1896.

Total.

Unemployed benefits.............................................. $1. 87
1.11
Sick and accident benefits.....................................
.54
Superannuation benefits.......................................
.37
Funeral benefits.....................................................
.44
Other benefits and grants.....................................

$2.44
1.28
.59
.40
.65

$2. 42
1.20
.64
.36
.64

$2. 32
1.39
.70
.40
.26

$1.43
1.24
.72
.38
.32

$10.48
6. 22
3.19
1.91
2.31

27.1
16.1
8.3
4.9
6.0

Total................................................................
Working and other expenses...............................

4.33
1. 34

5. 36
1. 34

5.26
1.47

5.07
1. 36

4.09
1. 36

24.11
6. 87

62.4
17.8

Total................................................................
Dispute benefits.......................................................

5.67
1. 90

6.70
3.15

6.73
.83

6. 43
1. 00

5. 45
.78

30.98
7. 66

80.2
19.8

Grand total.....................................................

7.57

9. 85

7. 56

7. 43

6.23

38.64

100.0

Objects.

The first extended report on benefit features of American trade
unions appeared in the report of the Illinois Bureau of Labor Statis­
tics, 1886. The unions had just been passing through a short period




364

BULLETIN OF THE DEPARTMENT OF LABOR.

of phenomenal growth in that State, and then numbered 114,365
members, or nearly as large a membership, apparently, as Illinois has
at present. But in 1886 the membership was not as well knit together
as now. Forty-seven per cent of the membership had been enrolled
within a year and a half, and one-half of the total membership belonged
to the Knights of Labor. Of the 483 organizations reporting with
regard to strikes 358, or 74 per cent, had never had such disturbances.
With respect to the amount contributed for various purposes, $128,063
was raised and distributed for the relief of members in time of sick­
ness, and $114,207 was spent on trade disputes. The Bureau of Labor
Statistics estimated that if all the unions had made returns on this
matter, a total expenditure of over $500,000, instead of $242,270, would
have been reported. Of the 194 locals of the Knights of Labor mak­
ing returns with regard to benefits, 62 reported the existence of bene­
fit features other than strike benefits. Of the 49 railroad organiza­
tions, mostly branches of the national brotherhoods, 35 reported the
existence of benefits. Of the 192 other labor organizations, 86, or 45
per cent, had benefit features, chiefly sick or funeral.
The third biennial report of the Minnesota bureau of labor statistics
for 1891 and 1892 presents the results of an investigation into tradeunion insurance. Twelve unions having national benefit features other
than strike benefits, together with the railroad brotherhoods, were fully
described, although the attempt was not made to include all the national
bodies having such benefits. Eight of these 12 unions had 141,121
members. The Horse-Collar Makers, the Granite Cutters, and the
Journeymen Tailors had only a death or funeral benefit of $75 to $125.
The others had sick or disability benefits, while the Furniture Workers,
the Cigar Makers, and the two printers’ unions had one or more other
benefits.
This report showed that during the previous 10 years for every dollar
paid as benefits by the Cigar Makers’ International Union the expenses
of administration were only 54 cents, or much less than in private
companies. The average expenditure of the individual cigar maker by
reason of his union was about 30 cents a week. A weekly payment of
that sum to private companies would insure a man when 21 years of
age for $550 in the event of death. If paid to the Cigar Makers’ Union
for the space of 15 years it would insure him for the same amount, and
would also guarantee sick, death, and out-of-work benefits, give free use
of the employment bureau of the union, furnish its monthly journal,
give the use of loans without interest, and aid the member in maintain­
ing an 8-hour day with relatively high wages.
During the two fiscal years ending June 30,1892, the United Brother­
hood of Carpenters and Joiners spent $21,850.41 for the expenses of
administration for its 51,313 members, and for the objects of the order
the following: For funeral and disability benefits, $117,346; for strikes,
etc., $60,014.24; for the journal, etc., $13,261.39; for the American Fed­
eration of Labor, $2,884.83; and for badges, charms, etc., $5,128.94.



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

365

The Minnesota report divided the average expenses of administration
into three equal parts—one for administering the strike benefits, one
for collecting and disbursing the insurance benefits, and a third for con­
ducting the general affairs of the order. It thus reached the result that
the cost of collecting and disbursing $100 of insurance benefits was a
little less than $4. The report adds:
These local expenses, in the great majority of cases, are associated
with the payment of local sick benefits. The average local union
among the Carpenters now collects monthly dues of 50 cents. Out of
those dues are paid sick benefits of from $3 to $5 a week, all the gen­
eral disbursements of the brotherhood included in this report, as well
as the local expenses of administration. These sick benefits make the
Carpenters comparable with the Odd Fellows, the Foresters, and kin­
dred benevolent fraternities. But these fraternities, to pay the same
sick benefits as those mentioned, collect the same, if not larger, dues
than do the local unions of this brotherhood. The Carpenters effect a
saving, as compared with the fraternities mentioned, sufficient to meet
all the calls upon them for strikes expenditures, for death and disabil­
ity benefits, and the expenses of agitating for shorter hours and in­
creased wages.
Better examples of economical and successful business management
than are found in the exhibits of the Carpenters and most of the unions
referred to in this report are rarely met with in associations of men for
business, charity, or other purposes. The management of trade unions
with such economy calls for the best of administrative ability. The
influence of men having such ability over their fellows becomes at once
a business education of no mean character. It at least must be con­
sidered in describing the factors which are training and educating the
American wage earner in all the qualities of self-reliant and self-sup­
porting manhood.
The occupation of the carpenter being a dangerous one, the manage­
ment of its finances may well be compared with that of accident asso­
ciations and societies. In Part I of this report has been given the
exhibit of the German accident associations. They furnish accident
insurance the cheapest of any great institution or corporation in the
world. In those associations the disbursement of $1 in the form of
accident indemnity called for the payment of 29.1 cents for investigat­
ing and adjudicating claims and other expenses of administration. The
Carpenters, then, manage all their trade affairs and disburse their
moneys for the objects of their order for relatively a smaller percent­
age of expense than this the best accident association in the world.
After describing the International Typographical Union the Minne­
sota report shows how local union No. 42, of Minneapolis, with a mem­
bership on April 30, 1892, of 332, had local expenses of management
of only $2.36 a year per member, or less than a day’s wages. The total
annual contribution per member for local purposes was $7.02, and for
both local and national organizations $11.04, while the average expense
of management for both purposes was only $2.84, or 26 per cent of the
contributions. The sums voted as free gifts to assist typographical and
other unions in need and the sums used for local funeral benefits and
for maintaining a lot in the cemetery for the burial of needy printers
call for annual expenses, included in the above $7.02, of $3.28 per
member in this typical Minnesota union.



366

BULLETIN OF THE DEPARTMENT OF LABOR.

The German American Typographia, famous for its benefit features,
is shown in the Minnesota report to have been expending in the national
body for administrative purposes only $1.67 yearly per member as
compared with $15.28 annual contributions. The largest local organi­
zation of the craft at that time, No. 7, in New York City, numbered
356 members, January 1,1892. The average contributions per member
for both national and local purposes was $22.36, and the expenses of
administration $6.13, or only 27.4 per cent of the contributions.
Throughout this national body the benefit features were larger than
those of the Cigar Makers in 1892, and the traveling benefit was a gift,
not a loan.
A study of the benefit features of American trade unions was made
by the New York Bureau of Statistics of Labor, and presented in its
report for 1894. Of the 691 labor organizations and 155,843 members
at that time in the State, data of the amount spent for strikes and ben­
efit features were obtained from 541 organizations, representing 121,957
members, or possibly one-fifth of all those in labor organizations at that
time in the United States. The statistics of strikes are by no means a
sure indication of the number of labor organizations. Pennsylvania,
owing to its coal mines, had nearly twice as many persons involved in
strikes during the 7£ years ending June 30, 1894, as did New York, (a)
although the organization of labor is generally supposed to be better in
the latter State. It may be worth noting, however, that during those
7J years New York had 14.5 per cent of the total number of strikers in
the United States, 15.1 per cent of the number of employees at work
before the strikes, 37.1 per cent of the total number of strikes, 43.9 per
cent of the number of strikes ordered by labor organizations, and 20.4
per cent of the total number of establishments affected by strikes.
Of the 541 organizations reporting to the New York bureau the
financial aid given to members, 378, or 70 per cent, were affiliated with
33 national bodies, each having three or more local organizations in the
State, while some of the others were affiliated with small national
bodies. The Brotherhood of Carpenters and Joiners had 61 local
bodies making returns, and a few others that failed to do so. Fortythree locals of the Cigar Makers’ International Union gave reports, 31
of the Locomotive Engineers, 25 of the Bailway Trainmen, 23 of the
Locomotive Firemen, 21 of the Iron Molders, 17 of the International
Association of Machinists, 12 of the Amalgamated Society of Carpen­
ters and Joiners, 12 of the International Typographical Union, 1 1 of
the Journeymen Bakers and Confectioners’ International Union, and 10
of the Bail way Conductors. In the table following is given, by indus­
tries, the membership of labor organizations reporting the amount of
financial aid given, of the organizations reporting no financial aid, and
of those failing to report at all to the New York bureau. There are
a See Tenth Annual Report of United States Commissioner of Labor, 1894, page
1563.




367

BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

also given the payments for out-of-work, sick, and death benefits,
strikes, donations to other organizations, and unclassified benefits, as
well as the total of all these payments.
M EMBERSHIP OF H E W YORK T R A DE UNIONS A N D BEN EFITS P A ID , 1894.
Membership of
organization—

Industries.

Expenditures for benefits.

Not
Giv­ re­
Report­ ing port­
Out-ofing aid
no
ing work.
given. aid.
as to
aid.

Building trades...................
Cigars, cigarettes, tobacco.
Clothing...............................
Coachmen and livery sta­
ble employees...................
Food products....................
Furniture............................
Glass and terra cotta........
Hats, caps, and furs .........
Hotel and restaurant em­
ployees .............................
Iron and steel....................
Leather workers.................
Malt and spirituous liq­
uors and mineral waters
Marine trades.....................
Metal workers....................
Musicians and musical in­
struments ........................
Printing, binding, en­
graving, stereotyping,
and publishers’ sup
plies...................................
Railroad
employees
(steam)..............................
Railroad
employees
(street, surface).............
Stone workers.....................
Street paving......................
Textile trades.....................
Theatrical employees........
Wood workers....................
Miscellaneous trades........
Total..........................

Dona­
tions
to
Sick. Death. Strike. other Unclas­ Total.
sified.
organ­
iza­
tions.

40, 035 1,322 1,993 $14, 307 $15,468 $27,644 $12, 675 $3,074 $30,043 $103, 211
8, 699
78 35,801 28,909 12, 305 8, 836
103
311 16,153 102,315
22,484 10,481
100
462
50 38,450
950 15, 015 55, 027
265
219
180
150

5, 275
350

400

850
691
160
432

1,500
325

7, 365
2, 608
2,440
2, 482
575

2, 669
150

7, 364
4, 950

375
722
90

150
6, 375
1,000

890
26,379
6,458

1, 300

400
1,980

1, 700

655

18,125
1,150
30

24,105
5,080
530

300

5,000

300

6,600

1,986

69,088

43,102

66,850

2, 237
1,828
1,704
177
194

7
348
8
94
458

747
7, 044
1,550

111
951
329

165
745

130
7,744
254

235
1,505
14

2, 777
5, 404
328

291
472
71

294
141

1, 925
1,950
500

3,127 2, 766

250

1,000

9,241

662

415

35, 378

4,995

224 1,777 ,

400

1,000
2,100

775
224

250

991

4, 500
210
700
3, 047
505
1, 063
1, 775
760
180
1,277
51
286
1,254 1,717

200
124

1,538

4, 709 12, 798 11,878
5, 297 16,888
325

2,400
375
200
50
20
30

500
75
60
435
40

2,339

25

6, 450
9451

550

200
4,500
60

225
314
50

300
515
100
410

2,205
250
5, 509

325
11,905
2, 585
5, 884
945
6,419
1,752

1,150
22
1,550
I
121, 957 20,971 12,915 ( 106,802j 60,208 93,438 89,150 10, 677 151, 543 511, 818
1

It will be seen that of the total expense of $511,817.59, only $89,150.04,
or 17.4 per cent, was spent upon strikes, while $106,801.69 was given
to those out of work for other causes than strikes, $60,207.98 to the
sick, $93,437.92 to the relatives of deceased members, $10,676.74 to
other organizations, and $151,543.22 for benefits not classified. It may
be more accurate to omit this latter sum when seeking the percentage
of financial aid given to strikers. Of the remaining $360,274.37, for
which an itemized report is given, the strike aid of $89,150.04 was 24.7
per cent. During the 9 years ending December 31, 1893, the New
York bureau gives the cost to labor organizations of strikes, lockouts,
and boycotts as $1,896,165.54, or $210,685.06 per year. For the last 6
years of the period, however, the expense was only $904,926.38, or an
average of $150,821.06 per year.
The table shows that the building and tobacco trades (the latter
including cigars and cigarettes) each spent a little over $ 100,000 in



368

BULLETIN OF THE DEPARTMENT OF LABOR.

1894 aside, of course, from expenses of management, although the
membership of organizations in the tobacco trade was only 8,699, or
little more than one-fifth of the 40,035 members of organizations in the
building trades. The larger amount per capita in the tobacco industry
was due to the much larger amounts spent for sick and out-of-work
benefits. One o f the surprising exhibits of the table is the small rep­
resentation of the textile workers and of various other manufacturing
industries.
The expenditures of some of the leading local organizations in 1894
were thus summarized in the New York report:
The largest amount expended by a single organization in out-of-work
benefits is recorded by New York Typographical Union, No. 6, which
paid $30,858.52; the next highest being $9,405.50, disbursed by New
York Cigar Makers’ Union, No. 90; while the Amalgamated Society of
Carpenters and Joiners of New York expended $6,059.51; Cigar
Makers’ Union, No. 141, New York, $4,740; German Typographical
Union, No. 274, New York, $4,331.05; Amalgamated Society of Engi­
neers, Blacksmiths, Machinists, etc., New York, $3,851.56; Albany
Cigar Makers’ Union, No. 68, $3,425.95; Cigar Makers’ Union, No. 144,
New York, $3,373.50; Troy Cigar Makers’ Union, No. 9, $2,600; Cigar
Makers’ Union, No. 218, Binghamton, $2,496; Cigar Makers’ Union,
No. 2 , Buffalo, $2,150; Atlantic Coast Seamen’s Union, New York,
$1,800; Brewers’ Union, No. 4, Buffalo, $1,500; International Furniture
Workers’ Union, No. 7, New York, $1,400.
How unionism tends to distribute what work is to be done in times
of depression, thus virtually supplementing the out-of-work benefit, is
illustrated iu the following letter in the New York report from Brewers’
Union, No. 1:
The calamity of being out of work on account of dull times is not
known as far as our members are concerned, for the reason that the
agreement which we entered into with our employers makes it obliga­
tory for the latter to either make all hands stop for one day per week
or lay them off one by one, in rotation, instead of discharging, in dull
times, those of their employees that they have no work for. The result
is that all share alike in the bad times and at the same time have steady
employment at union rates of wages and hours. This system, while it
works to the perfect satisfaction of both the employing union brewers
and the union men, is strenuously opposed by the proprietors of pool
and nonunion breweries, for fear that the disappearance of the surpluslabor in the trade might give the men a higher degree of independence
than the interests of the employers could afford.
In the Report of the Michigan Bureau of Labor Statistics, 1896,
appears a canvass of 237 labor organizations, with 19,494 members,
paying average annual dues of $7.81. Twenty-one organizations gave
out-of-work benefits, averaging to those receiving them $4.01 per week;
104 gave no such benefits, and 112 did not report. Seventy-three
organizations gave weekly sick benefits, averaging $5.04; 82 gave no
such benefits, and 82 did not report. Ninety-three gave burial benefits
averaging $74.12; 57 gave no such benefits; 5 gave special answers,



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

369

and 82 did not report. In the special answers 1 states “ all expenses,”
2 say “ $ 1 per capita on membership,” and the other 2 specify amounts
from $40 to $550, according to the length of membership of the
deceased, and whether it is a member or wife or mother of a member
who dies. Fifty-eight gave life insurance of $100 to $5,000, 77 gave
none, and 102 did not report. One hundred and seven gave weekly
strike benefits, when occasion demanded, averaging $6.43; 51 reported
that they had no such benefits, and 79 failed to answer.
The Report of the Kansas Bureau of Labor Statistics, 1898, contains
the results of an investigation of labor organizations of that State.
Aside from 34 locals in 5 railroad organizations, with 1,252 members,
the only organizations having benefit features were a local of the Inter­
national Typographical Union, with 97 members, four branches of the
Cigar Makers’ International Union, one branch of the Iron Molders’, one
of the Machinists’, and an organization of miners. These 8 organiza­
tions numbered 606 members. Although 350 of these were in the
miners’ union, the total amount spent by that union for benefit was
only $100, in comparison with $1,423 expended for sick, out-of-work,
and death benefits by the 256 members of the other 7 unions.
The accompanying table gives the facts for each organization. The
Kansas report also has returns from 3 unions with about 200 members
(a) that had no benefit features:
MEMBERSHIP OF K A N SA S TRADE UNIONS A N D BENEFITS P A ID , 1897.

Unions.

Fearless Local Assembly, No. 1628, K. of L.
(mininff) ............................ ................................. .....
International Association of Machinists, No.
293
........................................................................
International Typographical Union......................
Tron MnlHp.rs’ Union No. 162___________________
Cigar Makers’ International Union, No. 845 ----Cigar Makers’ International Union, No. 163........
Cigar Makers’ International Union, No. 170........
Cigar Makers’ International Union, No. 359........
Total....................................................................

Benefits.
Cost per
Mem­
Death member
bership
Total bene­ for main­
Out- Acci­
Decem­
benefit. fit. tenance of
ofber 31. Sick. work. dent.
organiza­
tion.

350

$30

18
97
65
27
5
35
9

25
100
130
150
20
235

606

690

$30

$40

293

40

$1.20

25
100
130
219
65
338
46

69
45
103
46

$100

6.00
9.00

1,023

$500

6. 00

500

CIGAR MAKERS’ INTERNATIONAL UNION OF AMERICA.
This union has the reputation of possessing the best-developed
system of benefits and the largest reserve fund per member of any
union in America. This is due, in some measure, to the fact that cigar
makers work in shops where there is little noise from machinery and
where they can converse upon questions of general interest while they
work. They are also accustomed in many shops to pay a reader to read
a Two unions have 170 members and one does not report on this head.




370

BULLETIN OF THE DEPARTMENT O F . LABOR.

to them while they labor. But a still more important factor in the
development o f the union has been the able leadership. Although
some locals date back to 1851, the union was organized in New York
City in 1864 and was known as the National Cigar Makers’ Union. The
membership was 5,800 in 1869, but had dwindled in 1877 to 1,016, in 17
locals. A great strike was inaugurated in New York in 1877, which,
though unsuccessful in its immediate objects, was ultimately of great
benefit. In 1880 a blue label was adopted, to be placed upon all unionmade cigars. This has been a great factor in the growth of the union.
The following table gives the membership and the benefit expendi­
tures of the union for the years 1879 to 1897:
M EM BERSHIP A N D BEN EFIT EX PEN D IT U R ES OF TH E CIG AR M AK ER S’ IN T E R N A T IO N AL UNION OF AM E R IC A , 1879 TO 1897.

Year.

1879
1880
1881
1882
1883
1884
1885
1886
1887
1888
1889
1890
1891
1892
1893
1894
1895
1896
1897

Member­
ship
January 1.

Sick
benefit.

Death
benefit.

Traveling Out-of-work Total bene­
fits, exclud­
benefit.
benefit.
ing strikes.

(a )

(a)
(a)
11,430
13,214
11,871
12,000
24, 672
20, 566
17,199
17, 555
24,624
24, 221
b 25, 000
c27,045
26, 788
27,828
<228, 074
27,318

$3,987.73
17.145.29
22, 250.56
31, 551.50
29,379.89
42, 225.59
63,900.88
58, 824.19
59, 519.94
64,660.47
87, 472. 97
89.906.30
104,391.83
106,758.37
112, 567.06
109,208.62
112,774. 63

a Not reported.
b Approximate.
c Membership September 1, 1893.
d Membership September 1, 1896.

$75.00
1,674.25
2.690.00
3.920.00
4.214.00
4.820.00
8, 850.00
21, 319.75
19,175. 50
26,043.00
38,068.35
44,701.97
49* 458.33
62,158.77
66, 725. 98
78, 768.09
69,186. 67

$2, 808.15
12,747.09
20,386. 64
37,135.20
39, 632. 08
26, 683. 54
31, 835.71
49,281.04
42,894. 75
43,540. 44
37,914. 72
53, 535. 73
47,732.47
60,475.11
42,154.17
41, 657.16
33,076.22
29,067. 04

$22, 760.50
21, 223.50
17,460.75
89, 402.75
174, 517.25
166.377.25
175.767.25
117, 471.40

$2,808.15
16,809. 82
39,206.18
62,075. 76
75,103.58
60,277. 43
78,881.30
122,031.92
123, 038. 69
122, 235.88
151, 378.69
200, 300.55
199, 801.49
303, 728.02
385, 588. 56
387, 327.45
396,820.18
328, 499. 74

Strike
benefit.
$3, 668. 23
4, 950.36
21,797. 68
44,850.41
27, 812.13
143,547. 36
61,087. 28
54, 402. 61
13,871. 62
45, 303. 62
5, 202. 52
18,414. 27
33,531. 78
37,477. 60
18,228.15
44,966. 76
44, 039.06
27,446.46
12,175.09

On January 1, 1896, the membership was 27,760.

In the 3 years ending September 1 , 1896, 87 difficulties of the unions
with their employers, involving 775 members of the unions and 1,749
nonunionists, were disapproved by the national body, thus preventing
strikes. The difficulties which were approved numbered 371, and
involved 6,399 union members and 3,663 nonunionists.
The union lost, either directly or by its members obtaining employ­
ment elsewhere, in difficulties involving only 830 members and 666
nonunionists. In the remaining difficulties, involving 88 per cent of
the unionists and nonunionists, the men either succeeded, as in the
case of 3,558 unionists, or secured a compromise, as in the case of 892
unionists, or took no action, as in the case of 738 unionists, because of
the removal of the difficulty complained o f or for other reasons.
Commenting on these and other facts the president of the union
stated in his report of September, 1896, that in 1885, with a member­
ship of 12,000, 51 attempts were made to reduce wages, while in 1895,




BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

371

with a membership of 28,000, only 30 like attempts were inaugurated,
despite the severity of the industrial depression. He writes:
During industrial depressions, in addition to attempts to reduce
wages, many evils are apt to creep in, such as the truck system, long
hours, obnoxious shop rules, etc., and to foist themselves upon unpro­
tected trades. This report, however, will show that only one attempt
was made to reintroduce the obnoxious truck system and one to increase
the hours of labor, showing that two of the greatest evils, next to
reduction in wages, have been successfully forestalled and held at bay.
In the following table is given the average cost per member to the
Cigar Makers7International Union of America for each kind of benefit:
A V E R A G E COST PER MEMBER TO THE CIGAR M A K E R S’ IN T E R N A T IO N A L U N IO N OF
A M E R IC A FOR BENEFITS, 1882 TO 1897.

Year.
1882 ........................................................................
1888 ........................................................................
1884 ........................................................................
1885 ........................................................................
1886 ........................................................................
1887 ........................................................................
1888 ........................................................................
1889 ........................................................................
1890 ........................................................................
1891........................................................................
1892 ........................................................................
1893 ........................................................................
1894 ........................................................................
1895 ........................................................................
1896 ........................................................................
1897 ............................................ ..........................

Death.
$0.15
.20
.33
.35
.20
.43
1.24
1.09
1.06
1.57
1. 79
1. 83
2. 32
2.40
2. 80
2. 53

Sick.
$1. 50
1.69
2. 66
2.45
1.71
3.11
3.42
3.39
2.63
3.61
3.59
3.86
3.99
4.04
3.89
4.13

Travel­ Out-ofing.
work.
$1. 78
2.81
3.34
2. 22
1.29
2.40
2.49
2.48
1.54
2. 21
1.91
2. 24
1.57
1.50
1.18
1.06

$0.92
.88
.70
3. 30
6.51
5.98
6. 26
4.30

Total.
$3.43
4.70
6. 33
5. 02
3.20
5. 94
7.15
6. 96
6.15
8. 27
7.99
11.23
14. 39
13.92
14.13
12.02

Strike. Grand
total.
$3.92
2.10
12.09
5. 09
2. 20
.67
2.64
. 30
.75
1.38
1.50
.67
1.68
1.58
.98
.45

$7.35
6.80
18.42
10.11
5.40
6.61
9.79
7. 26
6.90
9.65
9.49
11.90
16.07
15.50
15.11
12.47

It will be observed that the average cost per member for strike bene­
fits has been very much less since 1888 than previously. During the 7
years, 1882 to 1888, inclusive, the yearly cost for strike benefits aver­
aged $3.52 per member, and during the subsequent 9 years it averaged
only$1.06. The strike benefit in 1885 was $4 per week for the first 16
weeks, $3 for the next 8 weeks, and then $2 a week until the strike
ended. Soon afterward the benefit was changed to $5 per week for
the first 16 weeks, and then $3 a week until the dispute was settled,
and it has remained unchanged since then. On the other hand, the
cost for other benefits, which averaged only $5.05 per member during
the first 7 years, rose to an average of $10.84 per year during the next
9 years.
The traveling benefit is not a gift, but a loan, which must be paid
back as soon as the receiver secures employment, and a member can
not receive in the aggregate over $ 20, or more than $8 at one time.
Although $652,557.26 had thus been loaned prior to January 1, 1898,
only $88,601.20, or 13.6 per cent, of this was still outstanding. The
cost per member of this benefit during the 7 years 1882 to 1888 inclu­
sive, no allowance being made for repayment of these loans, averaged
$2.23 per year, and during the subsequent 9 years $1.70.
The out-of-work benefit did not begin until 1890, and, at first, was




372

BULLETIN OF THE DEPARTMENT OF LABOR.

$3 for the first week and 50 cents a day thereafter for anyone who had
been a member for 1 year ; but after receiving this relief for 6 weeks a
member could not receive any more for 7 weeks, and only $72 a year
in all. A t present, however, the above benefit is given only to those
who have been members for 2 years, and the amount during any year
is limited to $54. The average cost per member of this benefit did
not reach $1 a year until 1893. The effect of the business depression
appeared in the rapid rise to $3.30 that year ; $6.51 in 1894; $5.98 in
1895, and $6.26 in 1896. With the improvement in business conditions
this benefit fell to $4.30 in 1897.
The sick benefit in the early part of the eighties was $5 per week
for 8 weeks. Soon afterwards it was changed to $5 per week for 13
weeks in 1 year, and has so continued until the present. The average
cost per member o f this benefit, however, which was only $ 2.20 per
year during the period 1882 to 1887 and $3.32 during the period 1888
to 1892, has risen to $3.98 during the period 1893 to 1897.
The death benefit was only $50 in 1885, and was given to those who
had been members for 1 year. Before 1891 the constitution and by-laws
were changed so as to give a death benefit of $50 after 1 year’s mem­
bership ; $200 after 2 years; $350 after 10 years; $550 after 15 years, and
$40 in case of death of the wife of a member. At the Detroit conven­
tion in 1896 it was provided that the $50 benefit should be paid only
after 2 years, the $200 after 5 years, and the $40 benefit in case of the
death of a wife should be paid only when the husband had been a mem­
ber of the union for 2 years. This caused a slight decline in 1897 in
the cost per member of this benefit. Previously the rise had been
almost alarming. It was $1.06 in 1890, $1.83 in 1893, and $2.80 in
1896. In 1897 it was $2.53.
The total expenditures for the 2 years ending August 31, 1893, by
the national headquarters for salaries, office rent, printing of the
journal and other printing, stationery, traveling expense, and every­
thing save benefit features, was $54,183.36. Considering the mean
membership during that time as 25,633, this was a yearly average of
only $1.06. During the next 3 years the membership increased to
28,074. The total management expense of the national order for the
3 years ending August 31, 1896, was $87,111.05. Considering the
average membership for that time to be 27,560, the annual expense
per member was $1.05.
The total expenses of management of the local unions, aside from
benefit features, if reckoned on the mean or average membership of
each year, was $7.89 per member in 1893; $6.77 in 1894; $7.55 in 1895;
$8.57 in 1896, (a) and $6.47 in 1897.
It thus appears that the per capita expense of this great union during
the years 1893 to 1897, inclusive, varied from 45 cents to $1.68 per year
a Instead o f the mean membership for 1896 the precise membership for September
1, 1896, is taken.




BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

373

for strike purposes, $11.23 to $14.39 for other benefits, and $6.47 to
$8.57 for the expense of the local branches, and it averaged about
$1.05 for the expenses of the national office.
The following table will bring out the expenses for each year on the
assumption that the average management expenses of the national
office were the same in 1897 as the average during the previous three
years:
A V E R A G E EXPENSES PER M EMBER OP TH E C IG AR M A K E R S ’ IN T E R N A T IO N A L
TJNION OF AM E R IC A FOR A L L PURPOSES, 1893 TO J897.

Tear.

893.........................................................................................................
894.........................................................................................................
895.........................................................................................................
896.........................................................................................................
897.........................................................................................................

Local
Strikes National manage­
and other manage­
ment
ment
benefits.
expenses. expenses.
$11.90
16.07
15.50
15.11
12.47

$1.06
1.05
1.05
1.05
1.05

$7.89
6.77
7.55
8. 57
6.47

Total.

$20.85
23.89
24.10
24.73
19.99

The union attained a reserve fund of $503,829.20 at the beginning of
1893, and the membership was approximately 25,000. The surplus was
thus about $20 per member. From this total deficits had to be deducted
of $47,097.07 in 1893, $115,943.47 in 1894, $104,575.61 in 1895, $59,179.93
in 1896, while a surplus of $17,207.18 was added in 1897. The surplus
was thus $456,732.13 on January 1, 1894, $177,033.12 on January 1,
1897, and $194,240.30 on January 1,1898, when the membership was
26,341. The surplus per member was therefore $7.37 at the beginning
of 1898.
The large fund of this union is guarded against defalcation or loss
through bank failures by the requirement that each local union shall
take charge of the funds received from its members until transfers are
ordered by national officers from one union to another in the payment
of the various expenses. The local unions must deposit in a bank or
invest in United States or Canadian registered bonds, all moneys above
$25 in the case of unions of 25 members or less, all above $100 where
the membership is over 500, and other amounts between these two
according to the number of members in the union. The funds can be
deposited and drawn by the treasurer only in the presence of at least
two trustees of the local union, and in no case can the money be
deposited in private banks. Many restrictions are also placed upon
the expenses allowed the local unions.
The accompanying extracts from the constitution of this union will
be interesting as an example of the best system of benefits thus far
attained in any large American union:
MEMBERSHIP AND QUALIFICATION.

Sec . 64. All persons engaged in the cigar industry, except Chinese coolies and
tenement-house workers, shall he eligible to membership; this shall include manu­
facturers who employ no journeymen cigar makers and foremen who have less than
six members of the union workiDg under them. * * *

10274—No. 22----- 2



374

BULLETIN' OF THE DEPARTMENT OF LABOR.

Sec . 67. All applicants for membership may be elected upon their own statement
upon payment o f an initiation fee of three dollars ($3.00).. Applicants that are
affected with chronic diseases or that are over fifty years o f age can become mem­
bers by paying the regular initiation fee and fifteen cents weekly dues, but they
shall not be entitled to any out-of-work, sick, and no more than $50 death, benefit.
The executive committee of each local union shall be the judge as to what class of
membership the new member shall belong. * * *
SUSPENDED MEMBERS.

Sec . 69. Any member suspended from any local union can be reinstated on pay­
ment o f $3, which may be paid in six weekly installments, or all at once, at the
option of the union. But he shall forfeit all previous rights and benefits and be
considered the same as a new initiate. * * *
DUES AND ASSESSMENTS.

Sec . 70. Every member shall pay into the funds of the union to which he belongs
the sum of 30 cents per week.
Se c . 71. Any person drawing a traveling or transfer card shall pay dues for the
week in which his card is issued to the union from which he receives it, and no other
union shall charge dues for the same week. Transfer cards shall only be issued to
beneficiary retiring card holders desiring to travel.
Se c . 72. Any union receiving dues from members for a longer period of time than
they may remain members thereof shall return the excess when they draw their
traveling or transfer card.
Sec . 73. Any member of any union who shall fail to pay the dues and assessments,
local and international, for a term of eight weeks stands suspended from the union.
This shall not apply to members out o f employment who are not drawing benefits o f
any kind, who shall be allowed sixteen weeks. Members desiring to be entitled to
this out-of-employment privilege must notify the financial secretary within two days
after being thrown out of work, and report once a week during such nonemploy­
ment. All dues and assessments of members receiving benefits shall be deducted
from such benefit. Any member kept in good standing by the union shall, upon
resuming work, pay 10 per cent of his earnings weekly until all of his indebtedness
shall have been paid. * * *
RETIRING CARDS.

Sec . 76. Any member o f any union quitting the trade with a view o f engaging in
some other occupation must, within one month, pay all dues, fines, loans, and assess­
ments, or other indebtedness charged against him, and secure a retiring card. Said
retiring card shall entitle the holder (upon his return to the trade) to readmission,
free o f charge, to any union under the jurisdiction of the International Union; and
i f such retiring card is returned within one year after its issue said member shall be
placed in the same position for benefits, etc., as when he received said card; but
should it be returned after one year has elapsed he shall not be entitled to outof-work or loan benefits for a term of six months from the day of depositing his
card. * * *
Sec . 77. Any member having contributed dues for three years taking a retiring
card may continue to receive the sick and death benefits upon the payment of twenty
cents per week and all assessments of the International Union. * * *
STRIKES AND LOCKOUTS.

Se c . 79. The International Union guarantees its moral and pecuniary support to
all its members in difficulties which may arise between them and their employers,
and shall commence on the day when the difficulty is approved by the proper author­
ities of the International Union. The assistance shall be as follow s: For the first
sixteen weeks, $5 per week, and $3 per week until the strike or lockout shall have
terminated. In case a striker secures work and is discharged within fourteen days
he shall be entitled to his further benefit; should, however, he lose his employment
after the above specified time he shall not be entitled to any further strike benefit.
No member of the International Union shall be entitled to any strike benefit unless
he is a member in good standing for at least three months. The same assistance
shall accrue to such members who may, in consequence o f having carried out orders
for their union, be discharged by their employer. The local union under whose
jurisdiction such discharge of a member has taken place shall submit a verified
report of the facts to the executive board for decision. Three signatures of officers




BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

375

o f the local union shall verify each such report. The benefit shall begin, i f the
executive board recognize the fact as presented, from the day of the discharge from
employment of such a member.
Sec . 81. When any difficulty arises between the members of any union and their
employers, three officers of the union shall furnish a full and official statement of
such difficulty to the international president, who shall submit a copy thereof to the
other officers comprising the executive board; and if after a full and sufficient inves­
tigation of all the facts in the case, they approve of the same, the international
president shall issue a circular, setting forth the facts to all local unions and the
number o f members who are idle through such difficulty; and ordering them to their
assistance, he shall state the person or persons receiving the same. Should any dif­
ficulty arise in any locality in which more than one union exists, no application to
be sustained shall be made unless all the unions have acted conjointly and all organ­
izations have balloted, and a majority of all votes cast have so decided. In locali­
ties where two or more unions exist, the application for strike or lockout shall be
signed by the joint advisory board and three officers o f the union. And no union
making such application in such locality shall have the right to declare a strike off
or perform any other material act without the joint concurrence of a majority of the
members voting of the unions in such locality. Failing to comply with this section,
they shall be suspended by the international president, but this shall not debar them
from the right of appeal.
Sec . 82. The executive board shall transmit their answers on application to strike,
by telegraph, to the international president within twenty-four hours; failing to
comply, they shall be fined $1 by the international president, payable to the Inter­
national Union. Upon receipt of the answers of the executive board, the interna­
tional president shall immediately notify the union involved whether the application
has been approved or not.
Sec . 83. Unions making application to strike shall, if for an increase, state the
price paid and how much demanded; i f against a reduction, the prices paid, and how
much the reduction will amount to. They shall report to the international president
the length of time organized, the number o f members in the union when the applica­
tion was made, the number of members employed, and the number of members unem­
ployed. All applications for strike or lockout shall be read at a regular or special
meeting of the union making application. And the union shall report the number
of members voting in the affirmative and negative on all questions of strike. Local
unions making false statements in their application shall be fined the sum of $25,
such fines to be remitted to the International Union.
Sec . 84. In case the executive board fail to approve of any difficulty, the local
union can appeal within fifteen days after the decision being rendered to a general
vote of all the unions. The appeal shall be forwarded to the international presi­
dent, who shall submit the same immediately to a vote o f all local unions, and, if
approved by a majority, shall proceed as in this constitution provided.
Sec . 85. The international president, when submitting an application to strike to
local unions, shall set forth in the circular the statement furnished by the union
making application for strike or lockout, state the number of men already on strike
in other localities, and condition of the funds per capita.
Sec . 86. Every difficulty involving more than 25 members shall be submitted at
once by the international president to a vote of all local unions, and a majority of
those having voted approving the same, he shall proceed as the constitution directs.
No difficulty shall be considered legal unless approved by a two-thirds majority of
all votes cast. Unions failing to vote within one week, commencing on the day of the
circular being mailed, shall be fined $3, payable to the International Union within
one month after being notified. They must return the vote by telegram at the
expense of the International Union, provided their location is over 600 miles away
from where the office o f the international president is located. The unions of the
Pacific coast shall be excluded from the fines heretofore provided.
Sec . 87. Unions whose applications to strike were not approved shall have no right
to make a second application appertaining to the same case for a term of three
months, dating from the rejection of the first. And no member or union shall be
considered on strike unless said strike shall have been approved by the proper
authorities of the International Union. This shall also apply to a reduction in
wages.
Sec . 88. The vote of local unions on difficulties shall be in proportion to their
membership: One vote from 7 to 50 members; two votes from 50 to 100 members or frac­
tion of not less than 75; three votes from 100 to 200 or fraction of not less than 160; and
one additional vote for every 100 more. All voting upon questions of strike, local or
otherwise, shall take place by secret ballot, and all votes taken contrary to this
method shall not be counted. *
*
Sec . 96. Unions out on strike shall have power to reject all traveling cards except
those of sick members, provided said strike has been approved by the International
Union. * * *




376

BULLETIN OP THE DEPARTMENT OF LABOR.
LOANS TO TRAVELING MEMBERS.

Sec . 104. Any member in good standing for two years in the International Union,
not being able to obtain employment, wishing to leave the jurisdiction o f the union
under which he or she has been working, to seek employment elsewhere, shall be enti­
tled to a loan sufficient for transportation to the nearest union in whatever direction
he or she desires to travel, by the cheapest route; also, besides this, to a loan o f 50
cents, excluding the fare, but in no wise shall the loans exceed in the aggregate $20,
and no member shall receive a loan exceeding $8 at any one time. In no case shall
any member, working under the jurisdiction of any union one week or a longer
period, be entitled to such benefits from said union. This shall not apply to sick
members depositing their cards, nor to jurisdiction members who shall reside more
than 100 miles from the seat of the union, provided they travel to the seat o f the
union under whose jurisdiction they have been working, and no member shall receive
a second loan from the same union until the first loan be paid, the amount paid to
be credited in the order that the loans were drawn.
Sec . 105. Any member receiving a loan to travel to another union shall also be
entitled to a loan from any other union, provided said member has traveled the
required number o f miles, as registered in his loan book, and the loan book shall
bear evidence of that fact.
S ec . 106. Any member receiving loans on card shall, after obtaining employment,
pay to the collector of the shop in which he is employed 10 per cent of his earnings
weekly, provided that where a member goes to work in the latter part of the week
he be allowed until the Saturday following, when he shall pay the percentage on
his aggregate earnings in the two weeks. Any financial secretary failing to enforce
this section shall be fined for each and every offense the sum of $1. Members owing
“ private loans ” shall, after the first week, pay 5 per cent on the same in addition
to the 10 per cent on international loans. All indebtedness of deceased members
shall be deducted from such member’s death benefit. Any financial secretary grant­
ing loans larger than the amount specified in this article shall be subject to a fine
not less than the amount which he granted over $20; such fine to be collected imme­
diately, as follows: By collecting 25 per cent of his wages. Any member obtaining
or owing a loan from any union who shall refuse or neglect, after obtaining
employment, to pay to the shop collector the percentage, shall be suspended until he
complies with the same, when he may be admitted as provided by section 69 of the
constitution. It shall be the duty of the shop collector to report such cases to the
financial secretary. Failing to do so within forty-eight hours he shall be fined $1.
Sec . 107. Every shop shall elect a collector, and in every shop in which there is
but one union man employed, he shall be constituted shop collector. In case of
failure or inability o f any shop to elect a collector, then the president of the union
shall appoint one for said shop. In jurisdiction towns where more than one shop
exists, the jurisdiction members shall elect a town collector, whose duty it shall be
to receive all moneys from the shop collector and pay the same within forty-eight
hours after receiving the same.
Se c . 108. It shall be the duty of the collector to collect all dues, loans, fines, and
assessments due by the members, and to pay to the secretary o f the union, in the
stipulated time set forth by the local union, all amounts received. But in no case
should this time extend forty-eight hours after collecting the same. He shall report
weekly to the financial secretary the wages earned by all members owing loans.
Failing to enforce section 106, he shall be fined 50 cents for each offense. * * *
Sec . 113. Members moving from one locality to another and obtaining employment,
shall immediately deposit their cards with the nearest union. The members obtain­
ing employment in the Dominion of Canada shall deposit their cards with the
nearest union in said provinces. I f employed in a town where a union exists, they
shall deposit their cards immediately with the collector. Any member failing to
comply shall be fined the sum of 10 cents per day for the first thirty days, and if he
fails to deposit his card after thirty days, then he shall be expelled from the
union. * * *
OUT-OF-WORK BENEFIT.

Sec . 117. Any member having paid weekly dues for a period of two years shall be
entitled to an out-of-work benefit of $3 per week, and 50 cents for each additional
day. No benefit shall be paid for the first one week after a member was discharged
from employment or laid off. Members drawing benefit for less than six days shall
be stricken off the list.
Se c . 118. Any member receiving benefit for six weeks shall not be entitled to any
benefit for seven weeks thereafter, and no member shall receive more than $54 during
the period of one year, commencing from July 1 o f each year. Any member receiving
$54 benefit shall not be entitled to any benefit until after he shall have worked for
four weeks, but this shall not include members over 50 years of age. * * *




BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

377

Sec . 120. Any member having received four weeks’ strike or sick benefit shall not
be entitled to out-of-work benefit for four weeks thereafter; a sick member incapable
of doing a day’s work shall not be considered out of work. * * * No member
shall be entitled to any benefit from June 1 till September 23, and from December 16
to January 15, of any year. * * *
Sec . 122. Any member losing his employment through intoxication, or courting
his discharge through bad workmanship or otherwise, shall not be entitled to any
benefit for eight weeks thereafter, and shall be so recorded in his loan book.
Inability to hold a job shall not deprive a member of his benefit. * * *
Sec . 123. * * * The unemployed shall report daily at the secretary’s office
[apparently with a view to receiving from the union information as to where work
can be secured]. * * *
Sec . 124. Any traveling member in search of employment arriving in a place
where a union is located, shall, after reporting to the financial secretary, be placed
on the out-of-work roll and entitled to the benefit, as provided in section 117. * * *
Sec . 125. Any member engaging in any other occupation, domestic or otherwise,
shall not be entitled to any benefits. Any member failing to register for three con­
secutive days shall forfeit the benefit of previous registration. Any member
obtaining employment for two days or longer shall forfeit the benefit of previous
registration, providing that such registration was for less than one week, for which
no benefit was allowed. Members doing their own domestic work shall not be
entitled to any benefit. * * *
Sec . 126. * * * In no case shall a member be entitled to out-of-work benefit if
he remains in a place where no union shop exists. * * *
Sec . 128. Any member refusing to work in a shop where work is offered him, or
who neglects to apply for work in a shop if directed by the financial secretary or any
officer of the union, or shop collector, shall not be entitled to any benefit until he
has secured employment for at least one week. * * *
Sec . 130. Any member quitting a job shall not be entitled to the benefit provided
for until said member shall have again obtained employment for at least one week.
S ec . 131. Every union shall establish a labor bureau for the purpose of desig­
nating work to the unemployed. * * *
Sec . 132. It shall be the duty of every shop collector to report to the financial
secretary such jobs as are open in his respective factory the same day receiving
notice thereof, in order to enable the secretary to designate the unemployed to the
factory. * * *
SICK BENEFIT.

Sec . 135. Every member who shall have been for not less than two years con­
tinuously a contributing member of the International Union, and who is not under
any of the restrictions specified in these laws, shall be entitled, should such member
become sick or disabled in such manner as to render such member unable to attend
to his or her usual avocations, to a sum of $5 per week out of the funds of the
union ; provided such sickness or inability shall have been for at least one week or
seven days, and shall not have been caused by intemperance, debauchery, or other
immoral conduct, and no member shall be entitled to any sick benefit for a longer
period than thirteen weeks in any one year, commencing July 1 and ending June 30,
whether it has been continuous or periodical; but no member leaving the United
States or the Dominion of Canada shall be entitled to any benefit during his
absence. * * *
Sec . 136. The sickness or inability shall date from the time the member reports
the same to an officer of the union; the officer to be reported to shall be designated
by local unions.
Sec . 137. Local unions shall have the right to arrange the visiting committees to
visit the sick members as may best suit their respective localities; but in no instance
shall they consist of less than three officers or members, nor be visited by said com­
mittee less than once in each week; no two members of the committee to visit the
member at the same time. * * *
Sec . 138. * * * I f any doubt be entertained as to the sickness or inability of
any member claiming benefits the executive board of unions shall have power, if
deemed necessary, to take the opinion of a physician, who may be appointed by the
union. * * *
Sec . 139. I f the visiting committee is refused admittance to the house, or not per­
mitted to visit the sick member, it shall not be obligatory on the union to pay the
member the weekly allowance until the restriction shall have been removed. The
visiting committee shall be excused from visiting members having contagious
diseases. * * *
Sec . 141. Female members of any local union shall not be entitled to any sick
benefit three weeks before and five weeks after confinement.
Se c . 142. No member of any local union shall be entitled to receive more than one
of the weekly benefits provided by these laws at any one and the same time. * * *




378

BULLETIN OP THE DEPARTMENT OP LABOR.
DEATH BENEFIT.

Sec . 145. Upon the death of a member who has been such for two years the sum
of $50 shall he paid toward defraying funeral or cremation expenses of said mem­
ber to nearest of kin, or such .person or persons as have the burial of said deceased
member in charge, but i f such member should not have any person to take charge of
said funeral the president of the local union shall take charge of the burial of said
deceased member; provided, however, that said member has not been at the time of
his death disqualified by any of the conditions prescribed by the laws of the inter­
national constitution.
Sec . 146. Including the said $50 funeral expenses the International Union shall
pay to the persons hereinafter mentioned, upon the death of a member, the follow­
ing sums: First, if the member has been such for at least five consecutive years, a
sum of $200; second, if the member shall have been such for at least ten years, $350;
third, if the member has been such for at least fifteen consecutive years, $550.
When becoming a member of the union each member shall designate the person to
whom the aforesaid beneficiary money shall be paid.(a) * * *
Se c . 147. A married member who has been a full contributing member for two
years shall, upon the death of his wife, be paid $40; provided, however, that said
wife was not engaged in the cigar industry, or not a member of the International
Union and entitled to the death benefits as provided for in the foregoing sections of
this article. An unmarried member who has been a full contributing member for two
years and who has a widowed mother depending solely upon him for support, shall,
upon her death, be paid the sum of $40. But no member shall receive the benefit
provided for in this section more than once, nor shall it be paid to retiring card
holders paying 20 cents weekly dues. * * *
Se c . 149. No sick or death benefits shall be granted to any member when the per­
formance o f military duties is the cause of sickness or death.
Se c . 150. In the event of the death of a member entitled to $200 or more,’ and
said member not having any person to take charge of his remains, the presi dent of
the local union shall take charge of the same and provide for a decent burial, the
expense not to exceed $100. * * *
SINKING FUND.

Se c . 179. The International Union shall raise a sinking fund which shall consist
o f the funds of local unions, and shall amount to the sum of $10 per member.
Sec . 180. Whenever the sinking fund of the International Union shall fall below
the sum as provided in section 179, the executive board shall levy an assessment on
each member to replenish the same. * * *
THE HOURS OF LABOR.

Se c . 195. Every local union shall have the power to regulate the hours of labor in
its respective locality, but in no case shall they exceed eight hours per day on and
after May 1, 1886. Manufacturers who are members of the International Union, and
members having charge of a shop, shall be exempt from those regulations, providing
they do not work at the bench more than forty-eight hours per week. * * *
FIFTEEN-YEAR MEMBERS.

Se c . 219. Any member of the International Union who has been such for a period
of not less than fifteen consecutive years, and who has become incapable of working
at the trade, shall be permitted to retain his claim on the death benefit upon the
payment of 10 cents per month, payable quarterly. * * *

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS
OF AMERICA.
This organization, founded in 1881, was able to boast in July, 1892,
o f an enrollment of 84,376 members, o f whom 51,313 were in good
standing. The secretary stated that it was the largest union of any
single trade in the world. But the absence of a large reserve fund
and of so fully developed a system of benefits as the Cigar Makers,




a Otherwise it goes to the heirs.

BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

379

together with many difficulties peculiar to the trade, caused a decline
in membership during the industrial depression to 25,152 in July, 1895.
In July, 1898, the membership had risen to 31,508. Some of the diffi­
culties of the organization were brought out by its secretary in the
report for July 1 , 1892, to June 30, 1894:
“ Of 587 local unions now in good standing 48 are German, 9 French,
4 Bohemian, 3 Scandinavian, 2 Jewish, 2 Holland, and 2 Polish.7
7
In the report for the two years from July 1, 1896, to June 30, 1898,
the condition of the trade is further explained, as follows :
Many are the architectural changes and innovations year after year
that are making carpenter work more and more scarce. The use of
iron and steel and other material to replace wood in building construc­
tion in our big cities is working dire havoc in our time-honored craft.
Then, too, the general use of the best perfected woodworking machinery
and of cheap mill material made by women and children, the lack of an
apprentice system and the easy influx of workmen from other occupa­
tions into the carpenter trade, the many fluctuations of business, and
the continuous flow of emigration to our shores—all make the lot of
the journeyman carpenter much harder, even in the best of times, than
it was in bygone days long ago.
In 1885 the brotherhood was paying a funeral benefit and a disability
benefit of $250 and a wife’s funeral benefit of $50. These benefits
were soon increased, and since January 1, 1893, when slight changes
were made, the benefits have been as follows: For one in good health
and not over 50 years of age when joining there is a death benefit of
$100 after 6 months7 membership and of $200 after 1 year. There is
also a disability benefit of $100 after 6 months7membership, $200 after
1 year, $300 after 3 years, and $400 after 5 years, and a wife’s funeral
benefit of $25 after 6 months’ membership and $50 after a year’s mem­
bership, if she is in good health when he joins the brotherhood. If a
member is over 50 or under 21, or in poor health when joining, he
becomes a nonbeneficial or apprentice member, and his heirs are enti­
tled only to a death benefit of $50 and a wife’s death or funeral benefit
as above.
The strike benefit is $6 a week, and locals provide sick benefits.
From 1883 to July, 1898, the national and the local unions spent $354,293
in support of trade disputes and trade movements to secure better con­
ditions, $528,706 in death and disability benefits, and $683,644 in sick
benefits. During the four years ending June 30,1898, the brotherhood
paid 1,323 funeral and disability benefits, amounting to $175,185.54,
aside from the local sick benefits, while the amount expended for
strikes by the national body was only $23,712. The locals spent in
strikes during the 15 years ending June 30,1898, only one-half as much
as the national body, and probably the same ratio held during the years
1894 to 1898. During these four years the above $175,185.54 funeral
and disability benefits were thus divided: Wife’s funeral benefits,
$20,250; members’ funeral benefits, $117,635.54; members’ disability




380

BULLETIN OF THE DEPARTMENT OF LABOR.

benefit, $21,600; benefits of semibeneficial members, such as those
under 21 and over 50, or in poor health at joining, $15,700.
During the two years ending June 30, 1898, the national benefit fea­
tures amounted to $84,183.44 or $2.81 per member for the two years, if
we estimate the average membership during the period as 30,000, which
it was approximately 5 the strike expenses reached the phenomenally
low amount of $8,697, or 29 cents per member, and the total expenses of
the national order, aside from benefits, the publication of the monthly
journal, and the donation of $2,422.03 to the American Federation of
Labor, was only $27,617.55, or 20 per cent of the total expenditures.
During the two years the total expenditures of $135,275.15 were about
$4.51 per member, aside from the expenses of the locals for sick bene­
fits and a few small strikes and for local expenses of management.
The following table gives for each fiscal year since 1882 the number of
unions and members in good standing, the amount paid for funeral and
disability benefits, and the balance on hand in the United Brotherhood
of Carpenters and Joiners:
BRANCHES, MEMBERSHIP, A N D AM OUNT P A ID FOR FU N ERAL A N D D IS A B IL IT Y
BEN EFITS, U N IT E D BROTHERHOOD OF CARPENTERS A N D JOINERS, 1883 TO 1898.

Year ending June 30—

1883..................................................................................................
1884..................................................................................................
1885..................................................................................................
1886..................................................................................................
1887..................................................................................................
]888..................................................................................................
1889..................................................................................................
1890..................................................................................................
1891..................................................................................................
1892..................................................................................................
1893..................................................................................................
1894..................................................................................................
1895..................................................................................................
1896..................................................................................................
1897..................................................................................................
1898..................................................................................................

Amount
Unions Members paid for
in good
in good funeral and Balance on
band.
standing. standing. disability
benefits.
26
47
80
177
306
439
527
697
798
813
716
561
459
440
407
428

3,293
4, 364
5,789
21,423
25,466
28, 416
31,494
53,769
56, 937
51,313
54,121
33,917
25,152
29, 691
28,269
31,508

$1,500.00
2.250.00
5.700.00
9, 200.00
16,275.16
18,750.00
25,575. 00
32.267.49
44,732. 65
72,613. 35
64,684.45
59.972.50
51,311.75
39, 690.35
40,229.45
43,953.99

$28.34
228. 02
2,080.12
3,333.55
7,980.51
6,535.65
5,986. 22
8,232.51
55. 23
9, 308.03
5,275. 54
42.46
264.92
15, 072.92
18,738.21

In the report of the secretary at the September, 1898, convention it
is stated:
When the United Brotherhood was formed in 1881, the ten-hour day
was universal among the carpenters. At this date there are only 23
cities under our jurisdiction working the ten-hour day; 105 have the
eight-hour rule, and 424 work nine hours a day. This is a gain of 35
cities on our eight-hour list since the last convention, two years ago.
Besides that, since 1881 we have advanced the rate of wages in hun­
dreds of cities and towns and established trade rules securing gener­
ally better treatment for the men in the trade. In less than two score
of places have we suffered any departure from these rules or any
reduction in wages during this present long spell of hard times. This
is due to the influence of our local unions and the activity and deter­
mination o f our members.
Since 1883 * * * we have had 1,026 strikes and lockouts, of



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

381

which 998 were successful, 61 were lost, and 67 compromised (a). The past
two years we had 83 strikes, lost 2 , compromised 7, and won 64 of them (a) ;
expending $8,697 for these 83 trade movements. * * * W e have
also reduced the hours of labor as already shown which has given
employment to 15,130 more carpenters, union and nonunion men, than
would have been working if the ten-hour day had still obtained.
We have furthermore increased wages by fixing a union scale in num­
bers of cities, and in 70 per cent of the cities under our jurisdiction
wages now average 50 cents a day more than they were before a union
was started. Estimating on eight month’s work in the year in these
cities twelve years back, we have a gain of $4,500,000 annually, or
$54,000,000 more wages the past twelve years for an expenditure of
$354,293 in strikes. These figures speak volumes in favor of the United
Brotherhood and its practical work and are in themselves a powerful
argument in behalf of trade unions.
This is not all we have done. The scattered threads of local and
so-called independent unions, isolated and apart, provincial and narrow,
have been woven into a majestic network of thorough organization,
with strong financial resources and vast public influence; the chaotic
and aggregated elements have been trained into a disciplined force,
tried in many a sturdy struggle, the isolated and fragmentary local
societies of carpenters have been brought together all under one head,
with unitary interests and common purposes—a shining example of
the value and power of well-directed combination.
INTERNATIONAL TYPOGRAPHICAL UNION OF NORTH
AMERICA.
This union was founded in 1850, and is therefore the oldest of existing
American national trade unions. Of the 211 local branches receiving
benefits during the two fiscal years ending June 30,1898,11 are stereo­
typers and electrotypers, 4 are mailers, and 3 are engravers. The
union had no national benefits other than for strikes and lockouts
until the beginning was made by expenditures upon the Childs-Drexel
Home, to be described later. During the year ending June 30,1892,
$11,500 was spent in burial benefits, and during the next fiscal year
$21,950. The following table gives the salient facts relative to the
subsequent expenditures of this organization:
M EMBERSHIP A N D EXPEN D ITU RES OE THE IN T E R N A T IO N A L T YPO G R APH ICAL
UNION, 1894 TO 1898.

Year ending
June 30—

1894......................
1895......................
1896......................
1897......................
1898......................

Mem­
bers at
close of
fiscal
year.

Expenditures for burial and home
fund.

Burial.

Home
fund.

Total.

Expenditures
for strikes and
lockouts.

Total expendi­
tures for all pur
poses.

Aver­
Aver­
age
age
per Amount. per
Amount.
mem­
mem­
ber.
ber.

31, 879 $25,500.00 $20,923.96 $46,423.96 $1.48 $33,834.69 $1.08 $108,960.92
29,295 23, 090.00 18,307.24 41,397.24 1.41 24,757. 83
.85
89,650.72
28,838 22, 665.00 18,193.48 40, 858.48 1.42 23,329.35
.81
93, 201.08
28, 096 23, 700. 00 34, 793.70 58,493.70 2. 08 33,676.77 1. 20 125,162.97
28,614 23, 040.00 35,415.60 58,455.60 2.04 24,075.79
.84 111, 978.02

Aver­
age
per
mem­
ber.
$3.47
3.06
3.23
4.45
3.91

a The items do not produce the total shown; the figures, however, are according
to the original report.




382

BULLETIN OF THE DEPARTMENT OF LABOR.

It will be noticed that the burial and home benefits much exceeded
the expenditures for trade disputes. Of the total expenses of the union
during the last three years about 40 cents yearly per member was for
printing the monthly journal, although over one-third of this expense
was covered by the receipts. The management expenses of the central
body including salaries, postage, expressage, telegrams, exchanges,
office rent, light, janitors’ services, clerk hire, auditor’s services, notary’s
fees, insurance, office furniture, stationery, printing, supplies, etc.,
during the two years ending June 30,1896, were only $21,953.12, or 12
per cent of the total receipts. Deducting the amount received from
the supplies from the expenses, the net cost was only $17,080.81, or 9
per cent of the receipts. This was only 58J cents per member for the
two years. During the next two years the gross expenses of manage­
ment were $23,194.54, or 81 cents per member. The net expenses were
$17,959.42, or 8 per cent of the receipts, 7.6 per cent of the expendi­
tures, and 63 cents per member.
For the defense fund—that is, for trade disputes—the constitution
provides that one-fourth of the 30 cents of monthly dues, or 7J cents,
shall be used. The strike benefit is $7 a week for a married man and
$5 a week for a single man. A married man would thus in one week’s
strike benefit from the national fund receive as much as he had con­
tributed in eight years for that purpose. The union evidently does not
aim to become a strong fighting body, although some of the locals have
made much larger provision for both strike and other benefits than the
national organization.
The burial benefit of $60 is obtained by setting aside another quarter
of the monthly dues. As one-third of these dues, or 10 cents a month,
are devoted to the printers’ home, the amount left for other purposes
of management, etc., is correspondingly small, and from this fund money
can be transferred to the defense fund whenever the general fund exceeds
$2,500. Of the $26,846.10 balance on hand in the treasury August 31,
1898, $13,792.20 was the balance of the claim on a national bank at
Indianapolis that failed about 3 years ago, and from which little is
likely to be realized save what has already been paid by the receiver.
Therefore the actual cash in hand of the national body was $13,053.90,
or 46 cents per capita. Larger dues and sick and out-of-work benefits
have repeatedly been urged, but the union preferred to provide for
those matters through their locals.
The most famous feature of this union is its home for aged or invalid
union printers, at Colorado Springs, Colo., which originated in the fol­
lowing letter from Mr. George W. Childs, o f Philadelphia:
Ph iladelphia , Pa ., June 5 , 1886.
To the president and members o f the
International Typographical Union:
Gen tlem en : With this letter is an inclosure which it was intended
should be handed you by Mr. James J. Dailey, with a verbal message
of good wishes; but at his suggestion it is accompanied by a written



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

383

communication. It is known to some of your members that I feel a
warm interest in what concerns the welfare of all who work for wages
and in the wise management of the trades unions and other kindred
organizations it has become advisable for them to establish for the pro­
motion of their true interests.
This feeling being specially strong towards the printers7 unions, with
whose members I have had close and very satisfactory business rela­
tions for many years, it is my earnest desire—a desire in which I am
heartily joined by my friend, Mr. A. J. Drexel—to extend to the timehonored International Typographical Union, as the representative of the
united craft in North America, some expression more substantial than
words. How to do this in a way that may produce lasting good has
engaged the thoughts of both Mr. Drexel and myself, and we conclude
that your union, or such trustees as you may select for the purpose,
will know better than ourselves how that good can be best accomplished.
We therefore send you herewith, by the hands of Mr. Dailey, fore­
man in the Public Ledger office, our check for the amount of ten thou­
sand dollars—five thousand from Mr. Drexel, who is now in Europe,
and five thousand from the undersigned—without condition or sugges­
tion of any kind, as an absolute gift, in full confidence that the sagacious
and conservative counselors of your union will make or order wise use
of it for the good of the union.
Very respectfully and heartily, yours,
George W . Childs .

The endowment of hospitals or hospital beds in various cities was
urged by some members of the union, and is still believed by them to
have been the best use that could have been made of this gift. Pend­
ing a decision, the money was put at interest, and it was voted that on
the anniversary of the birthday of Mr. Childs during the next 5 years
every union compositor east of the Mississippi River should contribute
the amount received on that date for 1,000 ems, and every union stereo­
typer, electrotyper, and pressman should contribute, on the same day,
an hour7 pay; while on the anniversary of the birthday of Mr. Drexel
s
like contributions should be made west of the Mississippi. Through
this contribution and through interest the original $ 10,000 had grown
to $26,933.63 on October 31, 1890. A t the national convention of the
union at Denver, in 1889, it was decided to submit to a referendum
vote the proposition of the Board of Trade of Colorado Springs, to deed
80 acres of land 1 mile east of the city on condition that a $ 20,000
building should be constructed there as a home for invalid members of
the union. It was decided by a vote of 4,828 to 1,532 to accept the
proposition. A board of trustees was created to build and maintain
a home known as The Childs-Drexel Home for Union Printers, or
simply as The Union Printers7 Home. An assessment of 10 cents per
member was levied for the support of the home, until November, 1892,
then 5 cents per month until March, 1897, and since then 10 cents is
again devoted to the home. The original building, of handsome white
lava stone, with red sandstone trimmings, 144 feet long by 44 feet
wide, with beautiful parlors, comfortable furnishings throughout, cost
$70,114.44, and was dedicated May 12, 1892. A hospital annex was
opened in May, 1898, at a cost of $13,829.72, which was obtained by a



384

BULLETIN OF THE DEPARTMENT OF LABOR.

50-cent assessment per member. The expenditures for maintenance,
repairs, improvements, etc., from the opening of the home to June 30,
1898, were $145,402.31. During the time 294 were admitted to the
home. The average number of inmates for the fiscal year 1897-98 was
74, and the highest number accommodated during any one month was
82, but there are accommodations for 100 . The average number of
inmates from 1894 to 1896 was 52. The cost per inmate is now about $30
a month. Any member in good standing for 5 continuous years in
the International Typographical Union, if invalid, aged, or infirm,
may become a member of the home after proper investigation. Work
is not compulsory upon the inmates, nor are they paid for voluntary
service, but are encouraged to engage in landscape gardening and
other similar vocations for exercise and recreation. A library of 1,200
volumes is at the service of the inmates.
In addition to the benefits of the national body many locals have
subscribed sick and death benefits and a few of the larger have liberal
out-of-work benefits. The largest local is No. 6, in New York City.
This local in 1894 spent $30,858.52 in 40 weeks for those out of work,
$492.85 for hospital beds for the sick, $7,322.75 as death benefits,
$1,698.08 as strike expenses, $250 as traveling expenses of members
sent to the Childs-Drexel Home, and $1,843.85 as a donation to other
labor organizations, or a total of $42,466.05. This was almost as much
as the entire national body spent that year on its burial and home
benefits. The strike expenses in New York, it will be noticed, were
only 4 per cent of the total. A member of this New York local writes
in the American Federationist for December, 1898:
Typographical Union No. 6 for the past 4 years has given on an
average $25,000 a year to the unemployed New York printers, and
$9,000 a year for death benefits. Besides, dues and assessments are
remitted to the aged sick members, and free beds are maintained for
the members in the various hospitals. The chapels have benefit
societies, and frequently pass around subscription papers. A t a low
estimate over $50,000 a year is spent by Typographical Union No. 6
alone for all these benefits and contributions. In the typographical
unions of the country generally mutual benefit is administered on a
generous scale, the total local and international charitable expenditure
being $300,000 to $350,000.
The disbursements of this New York local for the calendar year
1898 were as follows:
Out-of-work benefits....................
$32,489.77
Strike benefits.................................................................................................................
7, 994.23
Death benefits.................................................................................................................
7,511.50
Printers’ fa r m .................................................................................................................
2,333.65
Hospital beds...................................................................................................................
573.80
Childs-Drexel Home for Printers, extra assessment...........................................
429.00
Monument in printers’ lot, Mount Hope C em etery...........................................
425.00
Per capita tax to International Typographical U n io n ..................................... 17,057.35
General expenses.............................................................................................................
18,189.89
Total.......................................................................................................................
Membership December 31,1898,5,395.




87,004.19

BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

385

The strike expenses were only 9.2 per cent of the total expenses and

11.6 per cent of the expenses other than for management.
One item, that of the printers’ farm, calls for a little explanation.
In 1898 the New York Committee for the Cultivation of Vacant Lots
offered to teach the unemployed of this union farm labor, the use of
the land coming from the city free, and the Vacant Lot Committee
spending dollar for dollar with Typographical Union No. 6. Although
the season was unusually wet, and although other difficulties incident
to the starting of such an enterprise arose, the result was that the
61 unemployed who took advantage of the opportunity obtained
approximately the same return for their labor as was the expenditure
of the union upon the enterprise. It is thought that the moral effects
were admirable, and that in 1899 it will be possible to show much
better financial results.
GERM AN -AMERICAN TYPOGRAPHIA.
This union, since its organization in 1873, has contributed to benefit
features more largely in proportion to its size than any other American
organization. The following table gives the various expenditures for
the 14 years ending June 30, 1898:
MEMBERSHIP A N D EXPEN D ITU RES OF THE G E R M A N -A M E R IC A N T YP O G R A P H IA ,
1885 TO 1898.
[This table was taken from a pamphlet by Hugo Miller, entitled “ 25-Jahrige Geschichte der DeutschAmerikanischen Typographia, 1. Juli 1878 bis 30. Juni 1898.” ]
Mem­
Total
E x­
ber­
ex­
Travel­ Total
ship
Total
pend­
ing
Sick
Death Out-ofbenefits
Strike penses
Year ending
work
of
at end
expendi­ itures
bene­
benefits.
except benefits.
June 30—
manage­ tures.
of benefits.
benefits. fits.
per
strikes.
ment.
fiscal
mem­
year.
ber.
1885
1886
1887
1888
1889
1890
1891
1892
1893
1894
1895
1896
1897
1898

...
...
...
...
...
...
...
...
...
...
...
...
...
...
T o tal..

$1,865. 37 <*$6,957.72 $12.45
559 $2,444.85 $1,183.10 $1,118.90 $345.50 $5, 092.35
952 2,751.35j! 1,000.00 1,453.08 264. 10 5,468. 53 $2, 579.04 2, 369. 86 510,417.43 10. 94
106. 00 3, 108. 05 , 10,097.20 9.39
1,075 3, 034. 60 1 2,125. 00 1, 240.10 483.45 6, 883.15
1,127 3,495.90 2, 910.10 1, 315.13 669.29 8, 390.42 1,212. 55 2, 733. 08 12,336.05 10.95
926. 43 3, 053. 93 17, 643.28 15. 61
1,130 4, 831.50 2,093. 75 6, 281. 50 456.17 13, 662.92
740. 36 3, 537. 99 16, 931. 36 13.73
1,233 5,361.36 2.400.00 4, 315. 00 576. 65 12, 653.01
1, 322 6,175.88 2,950. 00 6, 067. 00 622.47 15,815. 35 4, 586. 04 2, 897. 52 c 23,298. 91 17. 62
1,382 6, 790.60 2, 25L.70 9, 359. 50 797.19 19,198.99 4,819. 61 3, 564. 75 ! 27,583.35 19. 96
1,380 6.051.65 3,046.65 7, 835. 00 439.64 17,372.94 1,125. 50 4, 500.27 1 22,998.71 16. 67
1,204 7,004.07 5, 251. 75 17, 262. 50 680. 96 30,199. 28 1,152.45 4, 283. 86 d35,635. 59 29. 60
656.44 6,407.63 e 25,766.71 23.60
1,092 5,098.98 3.835.00 9,464. 20 304.46 18, 702. 64
539.93 6,498. 95 23, 254. 80 20.86
1,115 5.426.65 2, 637.41 7, 812. 00 339.86 16, 215. 92
364. 96 6, 879. 38 25, 262.74 23.33
1,083 4, 681. 25 4,572. 65 8,485. 00 279. 50 18, 018. 40
8,603. 00 390.62 15, 877.47 1, 053. 65 6,812. 86 /23,743. 98 21.59
1,100 3, 983.85 2, 900. 00
67,132.49 39,157.11 90,611.91 6, 649. 86 203,551. 37 19, 862.96 58, 513. 50 281,927.83
1
1

a The correct total of the items shown;
b The correct total of the items shown;
c The correct total of the items shown;
dThe correct total of the items shown;
e The correct total of the items shown;
/T h e correct total of the items shown;

the amount given in the original was $6,958.02.
the amount given in the original was $10,417.49.
the amount given in the original was $23,084.89.
the amount given in the original was $35,861.20.
the amount given in the original was $25,755.26.
the amount given in the original was $23,743.48.

It will be observed that the expenditures since June, 1893, have been
over $20 a member, and in the height of the business depression of
1893-94 rose to $29.60 aside from expenditures for all purposes of the




386

BULLETIN OF THE DEPARTMENT OF LABOR.

local unions. The entire expenditures for sick, out-of-work, death, and
traveling benefits were $203,551.37 during the 14 years, and for strikes,
$19,862.96, or only 8.9 per cent of the total benefit expenditures, and
only 7 per cent of all the expenditures of the national body, amounting
to $281,927.83. The expenditures for management and agitation were
$58,513.50, or 20.75 per cent of the total outgo.
In this union, which in 1893-94 became a branch of the International
Typographical Union without any merging of benefit features, the fol­
lowing benefits are paid: In case of sickness, $5 a week for 50 weeks,
and after that $3 a week for 50 weeks more, or $400 in all. After that
a member can not claim any sick benefits for the next two years. There
is a $200 death benefit for members and $50 on the death of a wife, if
the husband has been a member for at least 1 year. The out-of-work
benefit is $5 a week, but not over $80 a year. Members traveling to
obtain employment are entitled to 2 cents per mile for the first 200
miles, and 1 cent for each additional mile, but members leaving situa­
tions of their own accord are not entitled to this aid. An unemployed
member having an offer of employment at a distance may receive a loan
of not over $20 to pay his fare. There is a strike benefit of $7 a week
for 6 weeks. If the strike lasts longer the benefit is $5 a week.
Weekly dues to the national body are 40 cents per capita. The largest
local, No. 7, of New York City, with 283 members in June, 1898, charges
also 50 cents for the local fund. Its members frequently receive more
in out-of-work and other benefits from the local than from the national
body. On the death of a member of the national body there is an
assessment of 15 cents, and an additional tax of 5 cents per week if,
after the annual balance of accounts is made, it appears that the money
on hand is less than $5 per member. On June 30, 1898, it was $7.
AMALGAMATED SOCIETY OF CARPENTERS AND JOINERS.
This British society, with 53,057 members at the close of 1897, had
1,392 members in this country in 3S branches. Of the total expenses
in this country of $32,248.29, in 1897, $17,118.73 went to the unem­
ployed benefit, $4,181.92 to the sick benefit, $2,816.69 to the super­
annuation benefit, $907.13 as tool insurance, $532 to funeral benefit,
$74.49 in payment of stewards for the sick, $164.50 for surgeons, $230
in benevolent grants, $47.38 in sending members to situations, and
only $346.13, or about 1J per cent of the total expenses, were devoted
to securing trade benefits. The total benefits, including the $346.13
for trade privileges, amounted to $26,418.97. The management and
miscellaneous expenses of the central American office were $1,420.76
and of the local branches $4,408.56. The unemployed benefit is $3.50 a
week for 12 weeks, and then $2.10 a week for another 12 weeks. For
leaving employment under circumstances satisfactory to the local
branch, $2.63 a week is paid after 3 months’ membership, and $5.25 a
week after 6 months’ membership.




BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

387

The sick benefit is $4.20 a week for 26 weeks and then $2.10 a week
as long as illness continues. The funeral benefit is $84 after 6 months’
membership. The accident benefit in case of total disability is $700
and in the case of partial disability $350.
The superannuation benefit after 18 years’ membership is $2.45 per
week for life. After 25 years’ membership it is $2.80 per week for life.
There is also a tool benefit to any amount of loss not exceeding $140
in any one claim, and for loss of tool chest not exceeding $7. There
are lower rates of benefits for those who are not full members.
The superannuation benefit of the entire society in this country and
elsewhere was 3Jd. (7 cents) per member in 1870, 6|d. (13 cents) in 1880,
3s. 6fd. (87 cents) in 1890, and 5s. 4£d. ($1.31) in 1897.
AMALGAMATED SOCIETY OF ENGINEERS.
This great society, which closed the calendar year 1897 with 91,444
members and a balance in hand, despite its famous strike of that year,
of £174,852 4s. 7d. ($850,918.37), has 39 American branches. From 7
of these, including Chicago and San Franciso, no reports for 1897 were
received by the national body. The 32 which reported had 1,441 mem­
bers, and had total expenditures of £7,718 5s. 2£d. ($37,560.91). Of
this amount £35 18s. 4d. ($174.79) was spent for trade disputes in
America and £66 13s. 4d. ($324.43) was forwarded across the water to
sustain the English strike, £272 ($1,323.69) was spent upon funeral
benefits, £857 11s. 4Jd. ($4,173.35) for relief of the sick, £107 Is. lfd .
($521) given to those traveling in search of work, £1,248 15s. 4d.
($6,077.12) to the superannuated, £2,980 17s. 4d. ($14,506.39) to those
out of work chiefly for other causes than strikes, and £67 16s. 8d.
($330.11) as a so-called benefit to those in need. These various bene­
fits, including those for trade disputes and accident benefits of £100
($486.65), amounted to £5,736 13s. 6d. ($27,917.53). It will be noticed
that the direct strike benefit was less than 2 per cent of this. Exclud­
ing benefits, the expenditures of both national and local bodies in
America were £1,981 11s. 8Jd. ($9,643.38), of which the expenses of
management of the national body were £301 4s. 8d. ($1,465.95).
The donation benefit for full members of 10 years’ standing when
out of work is 10s. ($2.43) weekly for 14 weeks, 7s. ($1.70) weekly for
30 weeks, and then 6s. ($1.46) per week as long as out of employment.
For those who have been members 5 to 10 years the 6s. ($1.46) per
week payment stops after 34 weeks; for those who have been members
less than 5 years the benefit is 10s. ($2.43) per week for 14 weeks, then
7s. ($1.70) per week for 14 weeks, and then 6s. ($1.46) per week for 24
weeks.
The contingent benefit, for trade privileges, is 5s. ($1.22) weekly for
52 weeks. The sick benefit for full members of 10 years’ standing is
10s. ($2.43) weekly for 26 weeks, then 5s. ($1.22) per week for 26 weqks,
and 4s. ($0.97) per week for remainder of sickness. For those whose



388

BULLETIN OF THE DEPARTMENT OF LABOR.

membership has been between 5 and 10 years the 4s. ($0.97) per week
benefit continues only for 52 weeks; for those who have been members
for less than 5 years 10s. ($2.43) per week is given for 20 weeks, and
then 5s. ($1.22) per week for 32 weeks.
The superannuation benefit is given only to those who are 55 years
of age and have been members 25 years or more continuously. The
benefit is 7s. ($1.70) a week for those who have been members for 25
years, 8s. ($1.95) a week if members for 30 years, 9s. ($2.19) a week if
members for 35 years, and 10s. ($2.43) a week if members for 40 years.
This superannuation benefit has been steadily growing in the union,
considered as a whole, from 2s. 3Jd. ($0.55) per member in 1860, and 5s.
2Jd. ($1.26) in 1870, to 9s. 4£d. ($2.28) in 1880,12s. 7d. ($3.06) in 1890, and
14s.lljd . ($3.64) in 1897. The accident benefit for those permanently
disabled is £100 ($486.65), and the benefit for loss of tools is not exceed­
ing £10 ($48.67) for full members. The funeral benefit for full members
is £12 ($58.40).
It will be noticed that these two English unions do not give large
death benefits, as do many American unions. The steady growth of
the superannuation benefit indicates the probable rise that American
unions will experience in their death benefits with the increasing age
of their members.
In addition to the 6 large unions whose benefit features have just
been described, data were obtained from 16 other unions whose benefit
features are fairly developed. A brief statement for each of these
unions follows. For purposes of comparison the membership in 1893
and 1898, or as near those years as possible, has been given:
JOURNEYMEN BAKERS AND CONFECTIONERS’ INTERNA­
TIONAL UNION OF AMERICA.
This union was organized January 13, 1886. The membership was
13,500 in 1892 and 4,850 on April 1,1898. For the year ending April
30,1898, the expenditures for strikes amounted to $754 5 for sick bene­
fits, $391.24, and for death benefits, $343.48. From April 1,1891, to
March 31, 1896, $38,031 was spent on labor disputes, $10,815 was
donated to organizations in need, and only $250, representing the
amount paid in 1895-96, was given for sick benefits.
JOURNEYMEN

BARBERS’ INTERNATIONAL
AMERICA.

UNION

OF

Organized December 7,1887, this union had about 400 members Jan­
uary 1,1893, and 3,600 members May 1,1898. During the year ending
December 31,1897, $4,700 was spent for sick benefits and $125 donated
to strikers in other organizations. A death benefit of $50 is paid by
the union, and a sick benefit of $5 per week for 16 weeks in any one
year. During the years 1894 to 1896 the sick benefits amounted to
$4,960; death benefits, $200; other forms of relief, $25, and donations
to organizations in distress, $15.



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

389

INTERNATIONAL BROTHERHOOD OE BLACKSMITHS.
The organization of this brotherhood was effected in May, 1891.
The membership numbered 1,200 in 1893 and 300 on July 1,1898. For
the year ending June 30,1898, the expenditures for strikes were $109;
sick benefits, $100, and death benefits, $1,821.65. All the locals, how­
ever, did not report the amount paid for sick benefits. The brother­
hood pays a benefit of $75 on the death of a member, and $50 on the
death of a member’s wife. There is also a superannuation benefit paid
to members of 20 years’ standing and at least 60 years of age, consist­
ing of the proceeds of an assessment of $1 on every member. The
secretary of the brotherhood writes:
Our death benefit feature has a tendency to discourage on account of
high assessments. The smallness of our membership, of course, caused
this, as each had to pay an equal share toward its maintenance. We
are about to suspend it until we have a membership to warrant its fur­
ther continuance.
NATIONAL COTTON MULE SPINNERS’ ASSOCIATION OF
AMERICA.
This association, organized December 19,1889, had 1,200 members in
January, 1893, and 2,600 on January 1,1898. The benefit expenditures
during 1897 were $3,600 for sickness, $850 for death, $25,000 for out-ofwork benefits, and $ 1,000 for donations to those on strike in other organi­
zations. Of the $3,600 designated as sick benefit, $600 was for the relief
of injured persons. From October 1, 1891, to September 30, 1896, the
strike benefit was $2,380.75; traveling benefit, $376.50; tool insurance,
$50; and funeral benefit, $100.
CORE MAKERS’ INTERNATIONAL UNION OF AMERICA.
The date of organization of this union was December 18, 1896. On
January 1,1898, the membership was 800, and one year later, 1,430. In
a convention held September 19,1898, the union voted to establish relief
for the injured, insurance for widows and children of deceased mem­
bers, and an out-of-work benefit of $2.50 a week. During the year
ending December 18,1898, $675 was spent on strikes, $180 on relief of
injured, and $175 on insurance or aid to widows and children. The
secretary writes that the union intends to pay a uniform sick and death
benefit after July 1, 1899.
GLASS BOTTLE BLOWERS’ ASSOCIATION OF THE UNITED
STATES AND CANADA.
Originally founded in 1853, this association was reorganized in 1863.
The membership is reported to have been about 3,000 on January 1 ,
1898, and to have varied from 2,500 to 3,500 during the four years imme­
diately preceding that date. During the year ending June 30, 1898,
$4,000 was spent for aid to those out of work and $14,000 as insurance
10274—No. 22----- 3



390

BULLETIN OF THE DEPARTMENT OF LABOR.

to widows and children of members. The death beneficiary depart­
ment, so called, pays $500 in case of death, obtaining the same by 25cent assessments of all the members. Since this department was
established, September 1, 1891, $90,000 has been spent for death bene­
fits. The management expenses were $13,000 from July 1 , 1897, to
June 30,1898. A special fund of $100,000, or over $30 per member, is
being accumulated, apparently for defense purposes, by an assessment
of 1 per cent on all moneys earned by members at their trade. The
secretary of the association, writing of their $500 death benefit, says:
This has been one of the best features ever adopted. It has had a
great tendency to keep our members in good standing, and has been
beneficial in many ways.
GRANITE CUTTERS 7 NATIONAL UNION.
On March 10, 1877, this union was organized, and the number of
members was 9,500 January 1,1893, and 9,765 January 1,1898. Dur­
ing 1897, $25,000 was expended for strikes and $9,500 for death
benefits. During the years 1891 to 1896 the union spent $175,342.38
for trade disputes, $50,245 for death benefits, and $12,818.37, for
traveling loans.
IRON MOLDERS 7 UNION OF NORTH AMERICA.
This union was founded July 5, 1859. In 1893 the membership was
20,000, and on January 1 , 1897, 23,000. For the year ending December
31,1897, the expenditures were $48,033.88 for strikes, $36,765 for sick
benefits, and $8,834.50 for death benefits, including relief to widows
and children of members. Death and total disability benefits have
been given since 1880, sick benefits since 1895, and out-of-work benefits
since October, 1897. Locals usually have death benefits of from $30
to $250. From 1891 to 1896 the total strike benefits amounted to
$246,375.94 and the death benefits to $74,000. The president of this
union writes:
W e believe the beneficial features of a trades union tend to maintain
the interest of its members and certainly prove an attraction to those
of the craft still on the outside. In times of depression a greater effort
is made to keep in good standing. It makes a more compact body,
less liable to striking fluctuations in membership in sympathy with
good or bad times.
This union allows a sick benefit of $5 a week for 13 weeks, and a
death benefit and permanent disability benefit of $ 100 , while the local
unions relieve all further cases in need.
UNITED BROTHERHOOD OF LEATHER WORKERS ON
HORSE GOODS.
This brotherhood was organized January 1,1896. On June 1, 1898,
the membership was 475. During the year ending May 31, 1898, $350
was expended for sick benefits, $150 for strikes of other unions, and



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

391

$1,175.34 for management and other expenses. The sick benefit is $5
a week for 13 weeks in any one year, and the death benefit $40 after
1 year’s membership, $60 after 2 years, $100 after 4 years, $200 after 5
years, and $300 after 8 years.
The secretary-treasurer of the brotherhood writes:
The benefit features of our organization are all that hold us together,
as the mechanics want value received for the money paid as dues. * # *
We have never had a strike or lockout, but have increased our wages
15 per cent. Our members have not applied for traveling benefits, as
they are fortunate enough to have work all the time. We are organized
on a basis of high dues [25 cents a week], as we call them, but they are
not considered high compared with the benefits our members receive
and the reserve fund we have established. An organization without a
good reserve fund is helpless in case of strikes or lockouts. The great
feature of our organization is, we make no assessments on our members,
thereby assuring them immediate financial protection, without delay,
from our reserve fund.
BROTHERHOOD OF PAINTERS AND DECORATORS OF
AMERICA.
The organization of this union was effected March 15, 1887. There
were 8,000 members in 1893 and 5,500 on January 1, 1897. About
$2,500 was expended in 1897 for strikers in other organizations and
$2,875 for death benefits. A person entering at not over 50 years of
age and in good health is entitled to a permanent disability benefit of
$50 after a membership of 6 months, $100 after 1 year, and $150 after
2 years. On his death his heirs receive $50 if he has been a member 6
months, $100 if 1 year, and $150 if 2 years. I f a member’s wife is in
good health when he joins the union he receives $25 in case of her
death, provided he has been a member 6 months, and $50 if he has
been a member 1 year. Regarding the benefit features of this organi­
zation, the secretary writes: u During the depression our benefits surely
kept us together.”
PATTERN

MAKERS 7 NATIONAL LEAGUE
AMERICA.

OF NORTH

Organized May 18,1887, the membership of this union was 1,005
on January 1, 1893, and 913 January 1, 1897. The strike benefit for
the year ending April 30,1898, was $1,921.50. The league provides
tool insurance for those willing to pay for it. This feature has been in
operation since June, 1889. From May 1, 1892, to April 30, 1896, the
tool insurance, which was taken advantage of by 600 members,
amounted to $761.71. During the same period the strike benefit was
$2,754.20. In accordance with the new constitution, which took efiect
October 1,1898, any one under 45 years of age, if a member for 52 con­
secutive weeks, is entitled to a sick benefit of $6.35 weekly, less the
dues, but nothing unless sick for 2 weeks. If between 45 and 50 when




392

BULLETIN OF THE DEPARTMENT OF LABOR.

joining, a member is entitled to one-half the sick benefit, and if still
older on joining he has no claim upon the benefit, which can not
extend, in any case, over 13 weeks in 12 months, although during a
longer sickness a member is excused from paying dues. A member
can not receive an aggregate of more than $156 for sick benefits dur­
ing his entire membership of the union, and nothing if the disease or
infirmity was acquired before joining. A member is also entitled to
death benefits according to the length of his membership, as follows:
After 1 year, $50; after 2 years, $75; after 3 years, $100; after 5 years,
$150; after 7 years, $200; after 9 years, $250; after 11 years, $300;
after 13 years, $350; and after 15 years, $400. The money must be
paid within 24 hours after proof of death. The benefits are to be paid
by special assessment unless the reserve fund exceeds $20 per member,
in which case one-half of the benefit comes from this fund. By mak­
ing special payments one can also secure tool insurance of $25 to $150,
as desired. This fund is kept separate from the other funds.
The secretary-treasurer writes that the locals in New York, Philadel­
phia, Pittsburg, Chicago, and St. Louis that were conspicuous for pay­
ing benefits ualways were prosperous compared with those not paying;
hence in June last, at our eighth session, new laws providing for benefits
were adopted.”
SAILORS’ UNION OF THE PACIFIC.
This union was founded March 6, 1885. The membership January
1,1893, was 2,706, and January 1,1898, it was 1,471. In 1897 $750 was
spent for shipwreck benefit and $310.45 for the relief of the sick and
burial of the dead. The union is strictly a local for the Pacific coast,
affiliated with the National Seamen’s Union of America, but in the
extent of country it covers it is so analogous to a national body that it
is so treated here.
JOURNEYMEN TAILORS’ UNION OF AMERICA.
The organization of this union was effected August 12 , 1883. On
January 1 , 1893, the membership was 7,000, and on July 1, 1897, 5,683.
For the year ending June 30,1897, the strike benefits amounted to
$4,057, and the death benefits were $5,826.85 for members and $1,123.70
for members’ wives. There is a funeral benefit of $25 after a member­
ship of 6 months, $40 after 1 year, $50 after 2 years, $60 after 3 years,
$75 after 4 years, and $100 after 5 years. The constitution provides
that after January 1, 1898, no widows shall be allowed to come into
benefit, but those admitted before that time are to continue to have
death benefits of $25 after membership of 6 months, $40 after 2 years,
and $50 after 3 years, such benefits to be paid to their heirs. The
strike benefit is $6 per week for each member engaged. From July 1,
1893, to June 30, 1897, the strike benefits paid to members amounted



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

393

to $40,051. Funeral benefits in that time amounted to $29,294.55 for
326 members, and $10,603.70 for 163 members’ wives. This benefit
system began April 1,1890.
NATIONAL TOBACCO WORKERS 7 UNION OF AMERICA.
This union was organized December 5, 1894. The membership in
November, 1898, was 5,000. During the year ending June 30, 1898,
$16,251.66, or 40 per cent of the total receipts of the national body,
was expended for sick and death benefits. The sick benefit is $3 a
week for 13 weeks during a single year. If sickness or disability con­
tinues for 3 weeks or more, full benefits are paid from the date of report
of the sickness to the local union. Otherwise no benefit is given for
the first week. Each local must have a resident practicing physician
on a time contract to visit and report whether members claiming to be
sick are so or not. The benefits from locals for the year ending June
30, 1898, were $13,651.66 for sickness and $2,600 for death, while
$13,741.95 went to the national organization.
INTERNATIONAL WOOD CARVERS’ ASSOCIATION OF
NORTH AMERICA.
Organized in 1883, the membership of this association was 1,800 in
1893, and 830 on April 30, 1898. A benefit of $50 is paid on the death
of a member. The total death benefits paid from January 1,1897, to
May 11, 1898, amounted to $1,850. Tool insurance, not to exceed $30,
is provided for. Only a national convention or a vote of all the locals
can authorize the spending of the funds of the national body for strikes.
The strike benefit is $6 a week for single men and $8 a week for mar­
ried men. The union numbered only 700 in 1897.
AMALGAMATED

WOOD W ORKERS’ INTERNATIONAL
UNION OF AMERICA.

This union was formed January 1 , 1896, from the International Fur­
niture Workers, organized in 1873, and the Machine Wood Workers,
organized in 1890. In December, 1892, the original unions together
had 2,200 members. On January 1, 1898, the present union had 5,520
members. During the year ending December 31, 1897, the expendi­
tures for strikes were $620, and for death benefits $375. In addition
to these amounts, the locals paid $2,500 for relief features. The national
body pays a death benefit of $75 after 6 months’ membership, and a
total disability benefit of $250 after 1 year’s membership, while most of
the locals pay sick and accident benefits of from $3 to $5 per week.
From January 1 to November 9, 1898, the organization, because of a
very extensive strike, paid about $ 12,000 for strike benefits and $ 1,000
for disability and death benefits. During the 5 years, 1891 to 1895,



394

BULLETIN OF THE DEPARTMENT OF LABOR.

inclusive, the two unions that subsequently united to form the amal­
gamated union expended $14,016.81 for trade disputes, $17,091.71 for
sickness, $7,890 for death of members, $2,355 for death of members’
wives, and $3,933.07 for tool insurance. The total expenditure for
benefits, aside from strikes was therefore $31,269.78.
The total membership of the 22 unions that have been described was
163,703 at the latest date for which figures were obtainable, which in
most cases was some time in the year 1898. Omitting those unions
whose membership is not at hand for 1893, the remaining unions had
a total membership in 1898, or thereabouts, of 154,595 as compared
with a membership in 1893, or near that time, of 185,456. The success
of these organizations in keeping up their membership so well during
the severe depression from 1893 to 1897 is attributed by many of the
officials to their benefit features.
These national bodies reported strike expenses for the latest dates
given, 1897 or 1898, of $135,048.76, together with $3,775 donated to
other organizations. The total sick benefits amounted to $185,090.64;
death benefits, $180,834.71; other benefits, $237,623.25. The total
benefits other than for strikes were thus $603,548.60 as compared with
$138,823.76 expended for trade disputes. The United Brotherhood of
Carpenters and Joiners of America reported benefit features for 2 -year
periods only, and in making up the totals just given one-half the total
for the 2 years ending June 30, 1898, has been used for this union as
approximately true for the year ending on that date. For the Sailors’
Union of the Pacific, $310.45 was reported for the relief of the sick and
burial of the dead. This has been placed under the head of death
benefits.
A union not mentioned above, the American Flint Glass Workers,
assessed its members 10 cents each on the death of a member, so as to
pay his heirs $500 within 30 days. The balance of the assessment, if
any, went into the national burial fund. But this benefit was discon­
tinued in January, 1897. The reasons for this, given in the annual
report of the secretary, in July, 1897, were the neglect of some of the
locals to collect the assessments, which caused many complaints from
the heirs of the deceased members, and the great antagonism to the law
on the ground that it was uforeign to the objects” of the association.
That the “ objects of the association” are quite different from insurance
is evidenced in the fact that the membership, averaging about 7,500,
paid for strikes from 1893-94 to 1897-98 $1,101,944.70, or an average of
$220,388.94 per year. The amounts by fiscal years were as follows:
1893-94 ...........................................................................................................................
1894- 95 .......................................................................................................................
1895- 96 ........................................................................................................................
1896- 97 ........................................................................................................................
1897- 98 ........................................................................................................................
Total




$186, 622.15
277, 111. 93
294,530.48
183,578.94
160,101.20
1,101,944.70

BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

395

As the secretary reports that only a little more than one-half the
members on the average have been employed during that time, those at
work had to pay somewhat over $ 1 a week for strike assessments,
which is probably unequaled in the history of the American labor
movement. The average weekly earnings for the 52 weeks ending May
31, 1897, amounted to $7.48 per week, or, for those actually at work,
perhaps twice that.
One of the advantages enjoyed by this union, as a reward, probably,
for its hard struggles, has been a 6 weeks’ vacation during the sum­
mer season, when glass making is especially exhausting.
Many of the locals of this union appear to have sick and death
benefits.
Only the recent origin of many of our American organizations and
the intensity of their struggle thus far with their employers has pre­
vented the adoption of benefit features by more national unions. Mr.
Henry White, of the United Garment Workers of America, thus
writes:
In all cases benevolent features have helped to tide over dull times,
have bound the members more firmly together, have introduced more
businesslike methods, and served to make the unions more guarded
when threatened with strikes. Some of the local unions composed of
girls have found the benevolent system to be of decided advantage,
notwithstanding the nature and frequent indisposition of women. Such
unions have had to make the weekly benefits smaller. A t the present
rate of progress every one of the local unions will soon adopt the bene­
fit plan.
The attitude of some of the other unions is well expressed in the
letter of the secretary-treasurer of the United Association of Journey­
men Plumbers and Gas Fitters, who says that the lack of benefit fea­
tures in his union “ is regretted by a very large minority, if not a major­
ity, of our members. Nearly all of our local unions pay more or less
benefits.”
Eeports were received from 8 national unions, besides the ones
already described, each of which possessed at least one national benefit
feature aside from the strike benefit, although the greater part of the
relief work is left to the locals. A brief statement is given for each
of these unions.
ATLANTIC COAST SEAMEN’S UNION.
This union was organized in November, 1889, and the membership
in 1893 was 1,500. In October, 1898, this had decreased to 218. During
the year ending September 30,1898, the death benefits amounted to
$39.85 and the sick benefits to $12.52. The union also pays a ship­
wreck benefit, but nothing was reported under this head during the
year. Although affiliated with the International Seamen’s Union of
America, this organization is in many respects itself a national body,
having locals at New York, Providence, and Boston.



396

BULLETIN OF THE DEPARTMENT OF LABOR.

ELASTIC GOEING W EAVEBS’ AMALGAMATED ASSOCIA­
TION OF THE UNITED STATES.
The membership of this association was 323 on January 1 , 1893, and
the same number is reported for January 1 , 1898. The organization
was effected March 26, 1885. During 1897 death benefits amounting
to $300 were paid. The death or funeral benefit of $100 was intro­
duced in 1894, and up to September, 1898,13 claims, or $1,300, had been
paid. The expense of strikes in 1892 was $9,821; in 1893, $5,548.25;
in 1894, $1,579, and in 1895, $30. In 1896 and 1897 there were no
expenditures for strikes by the national body, but in 1897 $155 was
donated to strikers of other organizations. Of the total workers at
this trade, 95 per cent are said to be members of this union. A mem­
ber working less than 25 hours a week is exempt from payment of dues
for that week, and is required to pay only one-half the regular dues if
working less than 36 hours in a week.
NATIONAL BBOTHEBHOOD OF ELECTEICAL
OF AMEBICA.

WOBKEBS

Organized November 28,1891, the membership of this brotherhood
was 3,300 in July, 1893, and 3,000 in January, 1898. For the year end­
ing September 30, 1898, the expenditure for death benefits was $900
and for strikes $800. From November 1, 1891, to September 30,1898,
the national body spent $9,100 for strikes and $7,000 on the deaths of
members and their wives. The locals pay sick benefits.
UNITED HATTEBS OF NOBTH AMEBICA.
This association was organized in 1885 and had a membership of

7,000 in 1893 and 6,000 in 1898. The death benefits in 1897 amounted
to $750. All benefits, even death, are paid by locals, but the national
body pays a death benefit of $75 for those holding traveling cards and
not belonging to any local at time of decease.
INTEBNATIONAL ASSOCIATION OF MACHINISTS.
The membership of this association, which was organized May 4,
1888, was 10,000 on January 1 , 1894, and 22,000 on April 1, 1898. The
strike benefits during the year ending March 30, 1898, amounted to
$4,428 and there were donations of $4,269.64 to strikers of other organi­
zations, making a total expenditure on trade disputes of $8,697.64. On
April 1,1898, a death benefit of $50 was introduced and other national
benefits are hoped for by the management. During the two fiscal years
ending March 30, 1897, the local unions spent $15,864.19 on trade dis­
putes, $12,604 for out-of-work benefits, $9,750 for sick benefits, and
$6,124 on loans to those traveling in search of work. The total for the
last three benefits was $28,478, or nearly twice the expenditures for
strikes.



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

397

MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH
AMERICA.
This association was organized January 26, 1897, and had a member­
ship on July 1, 1898, of 4,000. The death benefits paid during 1897
amounted to $560 and $100 was donated to strikers of other organi­
zations.
METAL

POLISHERS, BUFFERS, PLATERS, AND
W ORKERS’ UNION OF NORTH AMERICA.

BRASS

Organized in 1890, the membership was 2,000 in 1893 and 7,000 on
January 1, 1897. The strike benefits during 1897 amounted to $8,000.
A national death benefit of $100 was introduced in June, 1898.
QUARRYMEN’S NATIONAL UNION OF THE UNITED STATES
OF AMERICA.
The organization of this union took place August 11, 1890. On
April 1,1893, the membership was 4,500. In 1894 it decreased to 300,
but had increased again to 2,000 in September, 1898. During the year
1897-98 the strike benefits amounted to $1,500 and the death benefits,
$250. An insurance plan for the entire union was about to be organ­
ized in September, 1898.
The membership of the eight unions, for which statements have just
been given, was 44,541 in 1898, or thereabouts. The seven organized
prior to 1893 had 28,623 members in 1893, or about that time, and
40,541 in 1898, or thereabouts. During the latest annual period for
which figures were given these national unions spent $2,799.35 for
death benefits, as compared with $14,728 of direct expense for trade
disputes and $4,524.64 for donations to strikers of other unions.
The present investigation has brought to light 31 unions having
national benefit features. Thirty of these unions had a membership of
208,244 at the latest date available, 1897 or 1898. If to this be added
the 78,741 members of the railroad brotherhoods, shown in the Bulletin
of the Department for July, 1898, to be insured through their national
organizations, a total is reached of 286,985 members of trade unions
having national benefits. The contrast is very marked between this
situation and that revealed in the census of 1880, when, as already
shown in this article, only 5,590 members of four American organiza­
tions were in receipt of other than strike benefits from their national
bodies.
Some of the other existing national bodies that have not been reached
in this investigation may have national benefit features, while still
others report a growing desire for them, and a prospect of the adoption of
such benefits within a few years. Such a view, for example, has been
expressed by the officials of the Boiler Makers and Iron Ship Builders,
the International Union of Bicycle Workers, and the International
Union of Journeymen Horseshoers of the United States and Canada.



398

BULLETIN OP THE DEPARTMENT OF LABOR.

Many of the national unions report that they collect no data relative
to the expenditures of their local branches, although nearly all such
branches are known to spend a large percentage of their receipts in
various forms of relief. The local bodies, indeed, appear to have
adopted relief features far more universally than have the national
bodies, and to devote a larger proportion of their funds thereto.
One of the largest local branches of a national body in America is
the United Order of American Bricklayers and Stone Masons, of
Chicago, being Local No. 21, of the Bricklayers and Masons’ Inter­
national Union of America. This local union, which had 3,241 mem­
bers, spent during the year ending June 30,1897, $5,365.23 for 37 death
benefits, at an average of $145 each. Nearly all the benefits were $150.
It also spent $2,472.50 for 124 sick benefits, varying from $5 to $77.50
each, the average being $19.94. The benefit in case of injury is $5 per
week for three months, and then if the member has not recovered it is
$2.50 per week for an additional three months, and after that he receives
the sum of $25 if still unable to work. The death benefit is $150, but
if there are no direct heirs the undertaker’s bills, not to exceed $ 100 ,
are paid, and the rest of the $150 reverts to the union. Nothing was
spent for strikes in 1896-97.
Another similar organization is the Amalgamated Association of
Clothing Cutters and Trimmers of New York and Vicinity, which is
Local No. 4 of the United Garment Workers of America. From Jan­
uary 1, 1894, to August 1, 1898, this New York union spent for sick
and death benefits $3,398.22, and had on hand a balance in this fund
of $3,158.50. Fifteen per cent of the dues goes to the death benefit
fund and 15 per cent to the sick fund. Twenty-five per cent of the $10
initiation fee also goes to the death benefit and another 25 per cent to
the sick benefit fund. In order to get the advantage of this fund a
member must get a physician’s certificate of good health before joining
the union. The sick benefit of $5 a week for a period not exceeding
10 weeks in 1 year, 15 weeks in 2 years, 18 weeks in 3 years, and 20
weeks in 4 years, is only paid to those who are between 18 and 35
years of age at joining. If one is between 35 and 45 years at that
time the benefit is only one-half of those just mentioned. If 45 or
over upon entering the union the sick benefit is only 3 weeks in one
year, 4 weeks in 2 years, 5 weeks in 3 years, and 6 weeks in 4 years.
One may be admitted to the union even if adversely reported upon by
the physician selected for the purpose, but in that case can get only
1 week’s sick benefit a year and no death benefit. No sick benefit
is granted unless the sickness lasts a week and is not caused by intem­
perance or other immoral conduct, and provided membership in the
union has been continuous for 6 months. The death benefit likewise
varies with age at entrance. For those between 18 and 35 years at
joining, and who have been in good standing continuously for one year,
this benefit is $100. After 3 consecutive years of membership it is
$150, and after 5 years $200. For those between 35 and 45 at entrance



BENEFIT FEATURES OF AMERICAN TRADE UNIONS.

399

the death benefit is just half of those just given. For those 45 years
of age or over on joining the union this benefit is only one-quarter as
much as for those joining between the ages of 18 and 35. In lieu of
this benefit the local simply buries a member if he has no relative.
Three other local branches of the Garment Workers, Locals 5 and 28
in Brooklyn and Newark, and 127 in Indianapolis, have succeeded with
a similar plan of benefits. The latter local, however, composed mostly
of girls who are overall workers, has lower dues and benefits.
As the author wrote 10 years ago, “ Death benefits may continue
largely the province of the present insurance companies, but where
these, companies refuse to assume the extra risks of such hazardous
employments as mining and railroading, the trade societies are under
imperative obligations to insure their members. The same may be
said of accident benefits. Assistance to those out of work from any
good cause, and to those unable to travel in search of work, or to the
sick, the so-called out-of-work, traveling, and sick benefits, can only be
given by societies whose members know each other individually, work
by each other’s side, and are personally interested in detecting all
shamming which would deplete the common funds.”
Respecting death benefits the unions can learn much from a study
of fraternal associations, which contain approximately 2,500,000 mem­
bers, for the most part wage earners, in the United States. The pro­
tection in force December 31,1896, in 40 of these associations, with
1,732,230 members, was $3,259,128,950, or $1,881 a member. O f these
associations, the 11 oldest, with an average age of 17 years, lost 11.5
per cent in membership in 1896 because of the excess of deaths and
lapses above the gains of new members. On the other hand, the
remaining 29 organizations, with an average age of 11.5 years, gained
13.1 per cent. The average mortality of the 11 above referred to
varied from 11.7 in 1892 to 16.4 per thousand members in 1896. (a)
Where the membership has remained stationary or has declined, the
growth in the death rate has been alarming. For example, the Order
of Chosen Friends had a membership of 31,098 in 1887, and a death
rate of 10.1 per 1,000; in 1897 the membership was 24,443 and the
death rate 17.6. The Knights of Honor had a membership of 124,547
in 1887, and a death rate of 12.9 per 1,000; in 1897, a membership of
89,679, and a death rate of 23. The American Legion of Honor had
62,111 members in 1887, and a death rate of 11.8 per 1,000; in 1897 it
had 21,315 members and a death rate of 28. New orders, with a death
rate for a time below 7 per 1,000, and consequently with low assess­
ments, tend to attract the best blood of the old organizations, and
threaten disruption to some of them unless they are able to change
their methods, as some are attempting to do.
a These facts are given in the Proceedings of the National Fraternal Congress of
1897, pp. 88-100, or computed therefrom, and from the statistics of fraternal associ­
ations annually issued by the Leavenworth Publishing Company, of Detroit.




400

BULLETIN OF THE DEPARTMENT OF LABOR.

The problem is not so serious a one to the trade unions as long as the
death benefit is not their chief factor in drawing or retaining members.
But it is being discovered that the death rate tends to increase with the
age of the unions having such a rate, and that the systems of assessment
for deaths will have to be strengthened to prevent this benefit becoming
too serious a burden.
In fact, two great problems confront the trade unions: (1 ) The sepa­
ration, as among the Locomotive Engineers, of the insurance funds from
the other funds, so as to guard the former more carefully, and (2 ) such
changes in the methods of assessment as to meet the certainty of
increasing mortality with the increasing age of the members. It is
discovered that lapses from the unions are as serious a hindrance to
their growth as they are in the regular insurance organizations. If the
unions could retain all who ever join them they would dominate far
more trades than at present.
To solve these problems of trade union lapses, it is recognized that
far more attention will have to be paid to the financial and insurance
features than at present. The machinists are soon to consider the
proposition of giving less insurance with advancing age at entrance.
For example, one joining the union at 25 might be insured for $2,000,
and one joining at 45 for $400, though paying the same assessment.
How some of the branches of the United Garment Workers of America
make their sick and death benefits vary with age at entrance has already
been described.
The Cigar Makers, as elsewhere shown, do not allow any out-of-work
and sick benefit, nor more than $50 death benefit to those over 50 years
of age at entrance. To others a death benefit is given of $200 to $550,
according to length of membership. The United Brotherhood of Car­
penters and Joiners allows no disability benefit and only $50 death
benefit to those over 50 at entrance, while it allows those entering under
that age a death benefit of $100 to $200 and disability benefits of $100
to $400.
Other plans under consideration among the unions look to the same
insurance for all, but with the assessments varying with the age at
entrance. None of the unions seems prepared for increasing death
assessments with increasing age of each member, the natural or steprate plan advocated by some insurance experts. There is growing
recognition, however, of the value of such large reserve funds as are
possessed by the many English and some American unions, notably the
Cigar Makers. Society does not yet adequately appreciate the benefit
features of the unions. Those engaged in the relief of the unemployed
realize it most fully. The chairman of such relief work in Chicago
during the severe season of 1893-94 reported that not a single member
of a trade union in that city applied for aid to the city or to the charity
or philanthropic organizations at a time when thousands of honest
workmen had to be helped by one or the other of these agencies.




THE NEGRO IN THE BLACK BELT: SOME SOCIAL SKETCHES.
B Y W . E . BURGrHARDT DU BOIS, PH. D.

The studies of Negro economic development here presented are based
mainly on seminary notes made by members of the senior class of
Atlanta University. These young persons, born and bred under the
conditions which they describe, have unusual facilities for first-hand
knowledge of a difficult and intricate subject. They are also some­
what more experienced in life than corresponding classes in Northern
institutions, being in school for the most part through their own exer­
tions and teaching in various communities in vacation time.
Six small groups, containing a total of 920 Negroes, have been
studied, all but one of which are situated in Georgia. The groups,
however, differ greatly from each other and are designed to represent
the development of the Negro from country to city life, from semi­
barbarism to a fair degree of culture. The first sketch, for instance, is
of 11 families in a small country district of Georgia, and the second of
16 families in a small village of the same State. Here we get a glimpse
of the real Negro problem; of the poverty and degradation of the
country Negro, which means the mass of Negroes in the United
States. Next our attention is called to two towns, both county seats
and centers of trade. To such towns both the energetic and listless
class of country Negroes are migrating. In these towns are taken up
the condition of 83 families, which are mostly, though not entirely,
families of the better class and represent the possibilities of the town
Negroes. Finally we consider two groups of 85 families, in two small
cities, who represent distinctly the better class of Negroes—the class
that sends its children to Atlanta, Fisk, and Tuskegee.
Thus it will be seen that there is here no attempt at a complete
study of the Negro in the Black Belt, but rather a series of sketches,
whose chief value lies in their local color.
A COUNTRY DISTRICT IN DEKALB COUNTY, GEORGIA.
Seventeen miles east of Atlanta is a small village of less than 500
persons called Doraville; 21 miles southeast is a bit of country without
a special name. There are in these two localities between 60 and 75
Negro families, of whom 1 1 fairly representative ones have been chosen
for this study.




401

402

BULLETIN OF THE DEPARTMENT OF LABOR.

In general these Negroes are a degraded set. Except in two families,
whisky, tobacco, and snuff are used to excess, even when there is a
scarcity of bread. In other respects also the low moral condition of
these people is manifest, and in the main there is no attempt at social
distinctions among them.
In these 11 families there are 131 individuals, an average of nearly
12 persons to a family. In size the families rank as shown in the
following table:
NUM BER OF PERSONS IN 11 SELECTED F A M IL IE S OF A COUNTRY" D ISTR ICT OF
D EK AL B COUNTY, GEORGIA, B Y SIZE OF F A M ILIE S.

Size of family.

7 persons
9 persons
persons
persons
persons
13 persons
21 persons

Number
of fami­
lies.

.
.
.
.
.
.

1
1
2
1
2

Total

10
11
12

Number
of indi­
viduals.
7
9

11

Average.

20
11

3

24
39

1

21

11.9

The fecundity of this population is astonishing. Here is one family
with 19 children—14 girls and 5 boys, ranging in age from 6 to 25 years.
Another family has one set of triplets, two sets of twins, and 4 single
children. The girls of the present generation, however, are not marry­
ing as early as their mothers did. Once in a while a girl of 12 or 13
runs off* and marries, but this does not often happen. Probably the
families of the next generation will be smaller.
Four of the 11 heads of families can read and write. Of their children,
a majority, possibly two-thirds, can read and write a little. Five of the
families own their homes. The farms vary from 1 to 1 1 acres in extent,
and are worth from $100 to $400. Two of these farms are heavily mort­
gaged. Six families rent farms on shares, paying one-half the crop.
They clear from $5 to $10 in cash at the end of a year’s work. They
usually own a mule or two and sometimes a cow.
Nearly all the workers are farm hands, women and girls as well as
men being employed in the fields. Children as young as 6 are given
light tasks, such as dropping seed and bringing water. The families
rise early, often before daylight, working until breakfast time and
returning again after the meal. One of the men is a stonecutter. He
earns $1.50 a day, owns a neat little home, and lives comfortably. Most
of the houses are rudely constructed of logs or boards, with one large
and one small room. There is usually no glass in the openings which
serve as windows. They are closed by wooden shutters. The large
room always contains several beds and homemade furniture, consisting
of tables, chairs, and chests. A few homes had three rooms, and one
or two families had sewing machines, which, however, were not yet
paid for.



THE NEGRO IN THE BLACK BELT.

403

These families raise nearly all that they eat—corn, wheat, pork, and
molasses. Chickens and eggs are used as currency at the country store
to purchase cloth, tobacco, coffee, etc. The character of the home life
varies with the different families. The family of 21 is a poverty-stricken,
reckless, dirty set. The children are stupid and repulsive, and fight
for their food at the table. They are poorly dressed, sickly, and cross.
The table dishes stand from one meal to another unwashed, and the
house is in perpetual disorder. Now and then the father and mother
engage in a hand-to-hand fight.
In some respects this family is exceptionally bad, but several others
are nearly as barbarous. A few were much better, and in the stone­
cutter’s five-room house one can find clean, decent family life, with
neatly dressed children and many signs of aspiration. The average of
the communities, however, was nearer the condition of the family first
described than that of the latter one.
In religion the people are sharply divided into Baptists and Metho­
dists, who are in open antagonism, and have separate day schools.
The Baptists are the more boisterous and superstitious, and their pastor
is ignorant and loud-mouthed, preaching in his shirt sleeves and spit­
ting tobacco juice on either side of the pulpit as he works his audience
up to the frenzy of a u shouting.” Outside the churches there is a small,
women’s beneficial society for sickness and death, under the presidency
of the stonecutter’s wife. Many of the members are in arrears with
their payments. There is also a lodge of Odd Bellows. The schools
run only 3 months in the year, the wretched schoolhouses and the system
of child labor preventing a longer term.
On the whole, a stay in this community has a distinctly depressing
effect. There are a few indications of progress, but those of listless­
ness and stagnation seem more powerful.
A SMALL TILLAG E: LITHGN1A, DEKALB COUNTY, GA.
Lithonia is 24 miles east of Atlanta, and has a population of perhaps
800. There are in the town two dry goods stores, a drug store, three
grocery stores, a barber shop, and a millinery shop conducted by white
persons, and a blacksmith shop and a barber shop conducted by Negroes.
Nearly all the workingmen of the town are employed in the three rock
quarries, which furnish the chief business of the village. The Negro
stonecutters here used to earn from $10 to $14 a week, but now they
receive from $5 to $8.50 a week. There are many “ scabbers” outside
the union who work for still less. They now include the majority of
the Negro laborers. Some Negroes are also employed in domestic
service and at the large boarding house.
Less than a dozen homes are owned by the Negroes; they rent for the
most part small, two-room tenements, at $4 a month. The whites have
a private and a public school, giving them a term of 8 or 9 months.
The Negro schools are divided into a Methodist and a Baptist school,




404

BULLETIN OF THE DEPARTMENT OF LABOR.

each of which has a term of 3 months. The school buildings are old
and dilapidated and scarcely fit to teach in ; they will not accommodate
nearly all the Negro children of school age.
Sixteen of these Negro families have been especially studied; they
represent the average of the village. The families by size are shown
in the following table:
N UM BER OF PERSONS IN 16 SELECTED F A M IL IE S OF LITHON1A, G A., B Y SIZE OF
F A M IL IE S.
Number Number of
of
individ­
families.
uals.

Size of family.

persons..
4 persons..
5 persons..
6 persons..
7 persons..
9 persons..
10 persons..
11 persons..

1

2

1
4
4
3
1

4
2C
24
21
9

1
1

10
11

Total.

16

101

2

Average

6.3

The next table shows the number of persons in these families, by age
and sex:
NUM BER OF PERSONS IN 16 SELECTED F A M IL IE S OF L IT H O N IA , G A., B Y A G E
AN D SEX.
Age.

Males.

Under 15 years....................................................................................................
15 t,o 40 y e a r s .......................................................................... _ _........................ . _
40 years or over............................................................................. .......................
T o ta l...........................................................................................................

Females.

Total.

21
20

27
5

42
47

48

21

101

7

53

12

Most of these persons were born in the State; 6 were born in Virginia,
6 in Alabama, and 3 in South Carolina. Of those 10 years of age or
over, 8 out of 03, or 13 per cent, were illiterate.
Six of these families owned their homes.
the condition of each family:

The following table shows

CONDITION OF 6 SELECTED F A M ILIE S O W N IN G HOMES IN L IT H O N IA , G A.

Family number.

Wage
Size of Rooms earners Occupation of
in
wage earners.
family. house.
in
family.

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

5

3
4.

9!

3................................
4................................
5................................
6................................

2
2

5

4

a And board.
b Not reported.




3

6
6
6

Wages per
week.

[Stonecutter...
$8.50
3 ^Stonecutter...
5.00
1Hotel waiter..
(a) 2 . 00
(b)
5 Q drayman___
^4farm hands..
(b)
Stonecutter... e $15. 00 to 20. 00
1
Stonecutter...
1
/ 5.00
1
Stonecutter...
/ 5 . 00
6 . 50
Stonecutter...
1
c Approximate.
d Approximate total for 4 farm hands.

Weeks
Yearly Yearly
em­
earn­
ployed wages ings of
per of wage fami­
year. earners. lies.
48
48
52
ib)

(b)
(b )

(b)
(b)
48

$408
240
104
c 250
d 300

)
^

$752

\
>

C OD\J

J

FKt
tr

200
200
200

200
200
200

312

312

e Per month.
/O r less.

405

THE NEGRO IN THE BLACK BELT.

Besides a house of 3 rooms, family No. 1 owned 6 acres of farm land,
and the hotel waiter earned his board in addition to $2 a week wages.
Family No. 2 owned a four-room house with a lot 150 by 35 feet. In this
family there were 5 daughters, who helped on the farm, besides the 4
male farm hands. Family No. 3 saved from $20 to $30 a year out of
earnings of $200. They owned a three-room house and a lot 150 by 50
feet. Families Nos. 4 and 5 each owned a two-room house with lots, and
family No. 6 owned a four-room house with a large lot. .
The remaining 10 families investigated at Lithonia rented houses,
and the size of such houses and the rent paid are shown in the following
table:
RENT P A ID B Y 10 SELECTED F A M IL IE S R EN TIN G HOUSES IN L IT H O N IA , G A ., B Y
SIZE OF HOUSES.

Size of bouse.

rooms........................................................ ..................................................................... .....
rooms......................................................................................................................................
3 rooms........................................................................................................................... . ........
3 rooms . ................... ............................ ....................................................... ........................
3 rooms............... ............................ .................................................................... ..................
4 rooms..................... ............. .
............... ............................ ....................... . . . . . . .
2
2

Rent paid
Families
per
renting. •
month.
$4.00
(a)
4.00
4.50
5.00
5.00

5
1
1
1
1
1

a Two bales of cotton per year.

In these 16 families there is an average of 2| rooms to a family and
a little over 2 persons to a room. The following table presents the 16
families by size of family and classified income:
CLASSIFIED INCOME OF 16 SELECTED F A M IL IE S OF LITH O N IA, G A ., B Y SIZE OF
F A M IL IE S.

The morals o f the colored people in the town are decidedly low. They
dress and live better than the country Negroes, however, and send their
children more regularly to school. The union stonecutters are nearly
all members of a local branch of the Odd Fellows. The women have a
beneficial society. There are three churches—two Baptist and one
Methodist—whose pastors are fairly intelligent, (a)
a The data on which the two studies on conditions in a country district in Dekalb
County and in the small village of Lithonia, Ga., are based were furnished by Miss
Aletha Howard, a graduate of Atlanta University, who has been the school-teacher
in these communities.

10274—No. 22-----4



406

BULLETIN OF THE DEPARTMENT OF LABOR.

A COUNTY SEAT: COVINGTON, NEWTON COUNTY, GA.
Covington is in the center of one of the smaller counties of the State,
and is 41 miles southeast of Atlanta. Being the principal town, it
carries on an extensive trade, especially on Saturdays, with the people
of Newton, Jasper, and Morgan counties. On such days the main
square, formed by the intersection of the two principal streets, is filled
with country, folk, white and black, in all sorts of conveyances, from
the carryall to the ox cart. Here they spend their money, make debts,
eat, talk, and are happy. Tasting thus the larger life of the town,
large numbers of country people are being constantly tempted to leave
their farms and move to town. At the same time Covington boys and
girls are pushing on to Macon and Atlanta. This immigration to Cov­
ington has been greatly stimulated by the recent extension of the
Georgia Railway to the town, so that the village of 1,415 persons in
1880 had 1,823 in 1890, and possibly 3,000 in 1898.
The chief business of the town is retailing supplies for the farmers,
selling rope and thread, which is manufactured near by, handling and
ginning cotton, handling farm products, etc. There are about 50 retail
stores.
Between 250 and 300 Negro families live in the town, representing
all conditions. From these have been chosen 50 families for the pur­
poses of this investigation. These families represent the better class of
Negroes, and are rather above the average for the town. Their condi­
tion shows the general development of the more favorably situated
Negroes in a thriving country town. A t the same time some notice of
general conditions has been taken. The 50 families, according to size,
are as follows:
Families.

2
3
4
5
7
9
10

persons.......................................................................................................................................
persons.........................................................................................................
persons.......................................................................................................................................
persons.......................................................................................................................................
persons.......................................................................................................................................
persons.......................................................................................................................................
persons.......................................................................................................................................

15
12
9
10
1
1
2

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

50

The total number of members of these families was 188, making the
average size of the families 3.76 members. In the following table is
shown the number of members of these families, by age and sex:
N U M BER OF PERSONS IN 50 SELECTED F A M IL IE S OF COVINGTON, G A ., B Y AG E A N D
SEX.
Age.

Males.

Females.

Total.

Under 15 years.................................................. .......... .................................. .....
15 to 40 years. . . . . . . . . . . . . . . . . . . . . ____ . . . . . . . . . _____. . . . . . . . . . . . . . . . . .
40 years or over................. ........... .....................................................

31
35
19

40
37
26

71
72
45

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

85

103

188




407

THE NEGRO IN THE BLACK BELT.

The conjugal condition is shown in the following table:
CONJUGAL CONDITION OF PERSONS 15 Y E A R S OF AGE OR OYER IN 50 SELECTED
FA M ILIE S OF COVINGTON, GA.
Females.

Males.
Age.
Single.
_ _______ _____
15 f,n 4.0 ypn rs__ _
40 years or over............................................
T otal.................................................... 1

8

8

Married. Widowed

Married. Widowed

Single.

24
16

3
3

12

4

25
15

7

40

6

16

40

7

In the general Negro population of the town the average family is
larger than in these families, still it does not approach the average size
of the country families. This is partly because only the smaller fami­
lies move to the city, and partly because of the postponing of marriage.
There is a public school for Negroes open 9 months in the year. It
has 3 teachers and an average of 250 scholars. The male principal
receives $50 a month, and his 2 female assistants $30. The schoolhouse is small and in bad repair, but it is expected a new one will be
built sometime. Many girls and some of the boys are sent to Atlanta
and Augusta to school. The illiteracy among the 50 families does not
exceed 10 per cent.
The number of males 10 years of age or over in each of the occupa­
tions represented in the 50 families was as follows: Eight porters, 6
teachers, 6 barbers, 5 carpenters, 4 laborers, 3 gardeners, 3 office boys,
2 mail agents, 2 drivers, 2 draymen, 2 grocers, 2 ministers, 2 waiters, 1
bartender, 1 butcher, 1 farmer, 1 quarryman, 1 contractor, and 1 brick
mason, making a total of 53 in the various occupations.
Of the females 10 years of age or over there were 1 1 teachers, 10
seamstresses, 6 cooks, 3 washerwomen, 1 boarding-house keeper, and 1
housekeeper, a total of 32.
Among the mass of the Negro population the distribution of employ­
ments is quite different. There is practically no work for colored girls
except domestic service, in which consequently most of' them are
engaged. The majority of the men are laborers, with a sprinkling of
artisans and men in higher walks.
Common and D omestic L abor 0
—The men are porters in stores,
janitors, draymen, drivers, general servants, waiters, common laborers,
and farm hands. They usually earn from $10 to $12 a month, besides
board, and often help in other ways. The women are employed as
cooks, nurses, milkmaids, and general servants. They receive from $4
to $6 a month for cooking, $1.50 to $3 a month for nursing, $1 a
month per cow for milking, etc. The number engaged in domestic
service is large, but it is an unpopular calling, and those who can pos­
sibly escape from it do so. A great many girls and women do day’s
work for families, such as sewing, washing, scrubbing, etc. They
receive 40 to 50 cents a day for this, and one or two meals. Those who



408

BULLETIN OF THE DEPARTMENT OF LABOR.

take in washing receive from 60 cents to $1 for a family wash. Female
farm hands receive from 35 to 50 cents a day.
T he T rades .—Among skilled laborers are found a few Negro paint­
ers, shoemakers, blacksmiths, brick masons, plasterers, and carpenters,
and one wheelwright. Most of these live in the town, although a few
live in the surrounding country. White and .Negro mechanics work
together without apparent friction, and usually receive the same pay.
F arming .—Four of the town families, besides their regular vocations,
conduct farms in the country. Much interest is taken in gardens for
family use, and a good deal is sold out of them. Many Negro garden­
ers earn 50 cents or more a day by taking care of gardens for white
families.
B usiness E nterprise .—Although few Negroes have ventured into
the management of businesses, those that have demand especial atten­
tion. Negroes are represented in the following enterprises: Two grocery
stores, 2 meat markets, 3 restaurants, 1 watchmaker, 5 contractors in
building and painting, and 2 furniture makers. Besides these there
are the following artisans, who own their establishments: Four barbers,
4 blacksmiths, and 3 shoemakers.
The grocery stores each do a business of from $20 to $30 a week.
A t first Negroes did not patronize them much, but now they are
beginning to. They are three or four years old. Of the 4 meat mar­
kets in the town 2 are conducted by Negroes, and one of these has
been in business 13 years. He is the leading meat dealer in the town,
furnishing fully one-half the meat consumed $ he has driven many com­
petitors out of business, and owns considerable property in town and
country. Three of the four restaurants are conducted by Negroes.
The most successful is that of a Negro. He has an ice-cream parlor
in addition, with separate eating rooms for the two races. He hires 2
men, and is said to have about $ 8,000 in property. The watch repairer
is alw ays busy. The contractors do a great deal of work in the town
and surrounding country. The 2 furniture makers build nearly all the
coffins used by Negroes. The barbers, blacksmiths, and shoemakers
seem to be well patronized. There are no white barbers.
The P rofessions.—There are 4 Negro preachers. They average
about $400 a year and house rent. They have fair English training,
but none of them is a graduate of a theological school. In character
they are far superior to those in the country districts. A few young
women and men teach in the town and in the county schools. The
latter schools pay from $15 to $30 a month and run 5 months or less.
The only clerical work of importance performed by Negroes is in the
Bailway Mail Service, where 2 Negroes have positions gained by civilservice examination. One has had this work 5 years.
U nemployed and Criminal Classes .—There is a great deal of
idleness and loafing, arising partly from the fact that the common work
is abundant at certain seasons and scarce at others, and arising, also, in




THE NEGRO IN THE BLACK BELT.

409

part from shiftlessness and crime. Many boys and girls become dis­
couraged at the narrow opportunities open to them, and there results
emigration, idleness, or vicious habits. On the outskirts of the town
are many dives and gambling dens where liquor may be had. Here,
especially on Saturday nights, crowds gather and carouse, drunken­
ness and fighting ensue, and many arrests are made.
The mass of the Negroes are hard-working people with small wages.
Many, however, manage to buy homes with their savings. It is inter­
esting to watch the more thrifty. They pay a little each month until a
lot is bought; then they build perhaps a single room which stands
alone until it is black and weather-beaten; then the frame of a second
room is added and pieced up board by board. So the home grows,
until after years of toil a house of three or more rooms stands finished.
A majority of the better class of Negroes are thus buying property,
and a family is considered “ low” which is not making some efforts.
The yearly income of the mass of Negroes is between $100 and $300.
The incomes of the 50 selected families may be estimated as follows:
CLASSIFIED INCOME OF 50 SELECTED F A M IL IE S OF COVINGTON, G A., B Y SIZE OF
F A M ILIE S.

The average income of a Negro family of the better class is thus seen
to be between $300 and $500. Three typical families will best illus­
trate this:
The first of these was a family of 5 persons. The annual income was
$400. The father was a barber, earning $6 a week. The mother was a
seamstress and earned from $1 to $4 per week. Two young daughters
were in school, and one child was at home. The family owned their
home.
The second family was composed of 4 persons and the annual income
was $400. The father, who was a carpenter, worked part of the year
at $10 a week. The mother averaged $ 1 a week from outside work, in
addition to her work as a housewife. The family owned their home
and had 2 children in school.
The third family comprised 9 persons, had an annual income of $450,
and owned their home. The father earned $3 a week as a gardener, the
mother $2 a week as a washerwoman, one son $2 a week as a porter,
and another son from $2 to $3 a week as a gardener. This family also
had 2 daughters and 2 sons in school and one child at home.



410

BULLETIN OF THE DEPARTMENT OF LABOR.

The majority of these 50 families own their homes, as is shown in the
following table:
HOMES OW NED AN D RENTED B Y 50 SELECTED F A M IL IE S OF COVINGTON, G A ., B Y
SIZE OF HOMES.

Families occupying homes of—
Homes.
2 rooms.

O w n e d ........................................... ................................
Rented.................................................................................

9

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

9

3 rooms. 4rooms. 5 rooms. 6 rooms.

Total
fami­
lies.

8
6

13

9

1

1

2
1

41
9

14

14

10

3

50

In the community at large the number of home owners is naturally
much less; nevertheless the percentage is considerable. The degree of
comfort in the homes can be roughly gauged by a comparison of the
size of families with the number of rooms occupied, as shown in the
following table:
SIZE OF F A M IL IE S A N D OF HOMES, COMPARED, FOR 50 SELECTED F A M IL IE S OF
COVINGTON, G A.

Families occupying homes of—
Size of family.
2 rooms.

2 persons . . . . . . __ ________________
3 persons............... ......... .................
4 persons.............................
5 persons _____. . . . . . . . . . . . . . _____
7 persons ______________. . . . . . . . . . .
9 persona _______________________
10 person s _______________________

9

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

9

3rooms. 4 rooms. 5 rooms. 6 rooms.

15

6

7

Total
Total Total
fami­ individ­ rooms
occu­
lies.
uals.
pied.

5
9

12

9
10
1
2

10
1
1
2

3

50

1

14

14

10

30
36
36
50
7
9

36
41
36
50
3

20

6
12

188

184

This table shows that there is an average of nearly 4 rooms to a
family and of nearly 1 room to an individual. Among the mass of the
population there are still a few one-room cabins. Most of the tene­
ments rented in the town have 2 rooms, and probably the average
Negro family occupies 2 or 3 rooms. The houses are all one story, and
a common type is that of two rooms united by a hall, and in some cases
a small kitchen in the rear. Sometimes a front porch is added.
As a rule the Negroes live in neighborhoods by themselves. In the
surrounding country there are many small communities composed
entirely of Negroes, which form clans of blood relatives. A few of these
settlements are thrifty and neat, but most of them have a dirty, shift­
less air, with one-room cabins and numbers of filthy children. Such
communities are furnishing immigrants to the town. In Covington
there is some tendency among the Negro population to group itself
according to social classes. Many streets and neighborhoods are thus
respectable and decent, while others are dirty and disreputable.



411

THE NEGRO IN THE BLACK BELT.

There are four Negro churches; a beneficial society twenty years
old, which owns some property; a lodge of Masons, and one of Odd
Fellows, (a)
A COUNTY SEAT: MARION, PERRY COUNTY, ALA.
Marion is in the midst of the Black Belt of Alabama, in a county
where the Negroes outnumber the whites 4 to 1. In the town itself,
however, the 2,000 inhabitants are about equally divided. Thirty-three
of the perhaps 250 Negro families in the town have been chosen for
this study. Here, again, these families represent the better class of
the community rather than the average. The number of families of
each size was as follows:
Families.

2 persons........................................................................................................................................... 1
3 persons........................................................................................................................................... 5
4 persons.................................................................. •
......................................................................
6
5 persons........................................................................................................................................... 11
6 persons........................................................................................................................................... 1
7 persons........................................................................................................................................... 3
8 persons........................................................................................................................................... 2
9 persons...................................................
4
T o ta l.................... .................................................................................................................. 33

The average family is 5.3 persons.
members is as follows:

The age classification of the 175

NUM BER OF PERSONS IN 33 SELECTED F A M IL IE S OF M ARION, A L A ., B Y AG E AN D
SEX.
Males.

Age.

Fe­
males.

Total.

Under 15 years............................................................................... ............... .................
15 to 40 years........................ ..................... .................. . ......................... ...................
40 years or over........................ ............................................. ........................................

18
46
22

39
28

40
85
50

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

86

89

175

22

Among the persons from 15 to 40 years of age there is a noticeable
lack of young people between 20 and 30 years of age, as so many of
these have left the town in search of work. As shown in the following
table, nearly all of these selected families own their homes:
HOMES O W NED A N D RENTED B Y 33 SELECTED F A M IL IE S OF M AR IO N , A L A ., B Y
SIZE OF HOMES.
Families occupying homes of—
Homes.
2

rooms. 3 rooms. 4 rooms. 5 rooms. 6 rooms. 8 rooms.

Owned......... ............................ ...............
Rented
__
___ _________

2

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

2

15

3

2

6
2
8

4

1

1

28
5

1

1

33

1

17

Total
fami­
lies.

a The study of conditions in Covington, Ga., is based on data furnished by Miss
T. B. Johnson, who was born in the town and has always lived there.




412

BULLETIN OF THE DEPARTMENT OF LABOR.

The size of the homes is compared with the size of the families in
the following table:
SIZE OF F A M ILIE S A N D OF HOMES, COMPARED, FOR 33 SELECTED F A M IL IE S OF
M ARION, A L A .

Families occupying homes of—
Size of family.
2 rooms.

pftrsons______ ____
3 persons.... ..............
4 persons.... ..............
5 persons ...................
6 persona__________
7 persons__________
ft persons_____ ____
9 persons__________

2

4
7

1

2

3

1

5

20

3

1

6
11
1

15
24
55

1
1

1
1

2

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

3 rooms. 4 rooms. 5 rooms. 6 rooms. 8 rooms.

Total
Total
Total
rooms
fami­ individ­ occu­
lies.
uals.
pied.

2

3

4

1

4
17

8

4

33

175

121

3
1

2

16
36

16
38
4
14
14
12

1

1

2

6
21

Among the mass of the Negro population there are a number who
own their homes. Most of the Negroes live in two-room houses, and a
few in one-room cabins.
The occupations of the males 10 years of age or over and the number
in each occupation were as follows for the 33 families: Seven farmers,
6 ministers, 5 barbers, 5 carpenters, 4 bakers, 3 masons, 2 undertakers,
2 merchants, 2 clerks, 2 teachers, 1 mail agent, 1 drayman, 1 Government
employee, 1 missionary, 1 plumber, 1 porter, 1 sailor, 1 nurse, and 1 gar­
dener, making a total of 47 in the various occupations.
Of the females 10 years of age or over, there were 7 teachers, 2 nurses,
2 cooks, 1 merchant, 1 seamstress, and 1 washerwoman, a total of 14.
Taking a general survey of employments among Negroes, we find in
the better-paid vocations 2 blacksmiths, who average from $3 to $5 a
day. There were also 2 Negro barber shops, the only ones in town; 2
grocery stores, and a large bakery with a half dozen or more employees
and an unusually successful business. One of the black merchants not
only owns his store, but rents apartments to a white merchant. There
are several carpenters, masons, and other artisans who earn from $1.50
to $2.50 a day.
The mass of the colored folks are farmers, laborers, and servants.
The farmers as a rule own their own farms, but they are not generally
very successful; they do not seem to know how to manage and econo­
mize. The young men are mostly porters, waiters, and farm hands.
The young women wash, cook, and nurse. They receive very small
wages and spend much of their wages for dress.
Compared with the surrounding county, Marion has good school facili­
ties, and consequently a more favorable rate of illiteracy. O f the 135
persons 15 years of age or over in the selected families 34 were illiterate.
Only one of these illiterates, however, was under 40 years of age. The
public school is poor, but there are 3 missionary schools, one of which,
under the American Missionary Association, is very efficient.




THE NEGRO IN THE BLACK BELT.

413

There are 4 churches—Methodist, Baptist, and Congregational. The
first two originated in slavery times and were for a long time branches
of white churches. The Congregational Church is 30 years old, and the
more intelligent Negroes attend it ; the majority of the selected families
are members. There may be distinguished among Marion Negroes
three pretty clearly differentiated classes—the class we have studied;
the mass of laborers, servants, and farmers, who are usually goodhearted people, but not energetic nor always strictly moral; finally,
the slum elements, among whom sexual looseness, drunkenness, and
crime are prevalent. It is appalling to see the large number of young
people who drift into this lowest class, some of them being intelligent
and well reared. Poor home life is responsible for this, (a)
A LARGE TOWN: MARIETTA, COBB COUNTY, GA.
Marietta is situated in a county where one-third of the inhabitants
are Negroes. It is a place of something over 4,000 inhabitants, lying
in north Georgia, 23 miles northwest of Atlanta. It has a Negro popu­
lation of at least 1,500, of whom 162 persons, or 11 per cent, composing
40 families, have been selected for this study. They represent, on the
whole, the better class. Twenty-eight of the 162 persons, or 17 per cent,
can not read or write. The public schools of the town are fair. Some
scholars have been sent away to school, 5 have been graduated from the
normal course of Atlanta University, 2 from the theological department
of the Atlanta Baptist Seminary, and 2 from Tuskegee Institute.
Twenty-six of the 40 families own their homes. Most of these homes
have 3 rooms, although they vary from 2 to 7 rooms. The lots are
usually large enough for front and back yards. The occupations of the
heads of the selected families and the number in each occupation are
as follows: Four painters, 4 porters, 4 barbers, 3 drivers, 3 carpenters,
3 hostlers, 3 chair factory employees, 3 teachers, 2 grocers, 2 brick
masons, 2 shoemakers, 2 blacksmiths, 2 farmers, 1 laborer, 1 gardener,
and 1 butler.
Marietta has a number of industries in which Negroes are employed.
Two large chair factories employ colored workmen almost exclusively.
The work is light and much of it is done in the homes. The hands earn
from 50 to 75 cents a day. There are also 2 marble mills, a paper mill,
a foundry, and railway shops where numbers of Negroes work. The
chief trades of the Negroes are painting, blacksmithing, bricklaying,
and carpentry. There are 2 grocery stores. The proprietors own the
buildings and hire no clerks. One of the stores is in the center of the
town among the white merchants, and has business enough to employ a
delivery wagon. This store does a business of from $40 to $50 a week.
The other store, which is out of the business section of the town, does a
a Miss J. G. Childs, a graduate of Atlanta University, furnished data for this study
of Marion, Ala. She was horn and reared in Marion.




414

BULLETIN OF THE DEPARTMENT OF LABOR.

business of from $20 to $25 a week. There are a few farmers on the
outskirts of the town who may be included in the town population.
The Negro draymen earn from $4.50 to $5 a week. The mass of the
Negroes are laborers earning from 75 to 80 cents a day, or domestic
servants.
The average Negro family can live on from $2 to $4 a week. A tworoom house rents for from $3 to $4 a month; a three-room house for
from $5 to $ 6. Soft coal costs $3 a ton; wood, $1.75 a cord. Many
families raise their own vegetables. Meat sells for from 4 to 10 cents a
pound.
There are 3 churches. The Baptist and Methodist ministers are not
very well educated, and there is still a demand for noise and demon­
station in the services. There is a lodge of Odd Fellows and a bene­
ficial society for women. The latter society owns a large building. In
1897 a weekly newspaper was started; it soon failed, but has recently
been revived. The amusements of the people are furnished largely by
the churches. The lower elements indulge in dancing and minstrel
shows, which are frequently scenes of excess and disorder, (a)
A GBOUP OF CITY NEGBOES IN ATHENS, OLABKE
COUNTY, GA.
Athens is a city of 10,000 or 12,000 inhabitants, of whom possibly
one-third are Negroes. Of these we notice especially 163 persons,
or about 4 per cent, composing 45 families. As in the other cases,
they form a small selected group of the better class of colored folks.
In size these families range as follows:
NUM BER OF PERSONS IN 45 SELECTED F A M IL IE S OF ATH EN S, G A ., B Y SIZE OF
F A M IL IE S.

Size of family.

1 person----2 persons. . .

Number Number
of
of indi­
families. viduals.
1

1

13

26
33
16
65
14

3 persons...
4persons...
5 persons...
7 persons...
8 persons...

11

Total

45

4
13
2
1

8

163

a W . A. Rogers, a senior in Atlanta University, furnished the notes for this study
of conditions in Marietta, G a .; he is a native o f the town.




415

THE NEGRO IN THE BLACK BELT.

This shows a small average family of 3.6 persons.
these persons range thus:

In age and sex

NUMBER OF PERSONS IN 45 SELECTED F A M IL IE S OF ATH EN S, G A ., B Y AG E AN D
SEX.

Age.

Males.

Females.

Total.

Uruler 15 years................... .................................................................................
15 to 40 years............................... .........................................................................
40 years or over.....................................................................................................

14
40
25

17
41
26

31
81
51

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

79

84

163

Late marriages and the migration of young people would seem to be
the cause of the small families. The conjugal condition may thus be
tabulated :
CONJUGAL CONDITION OF PERSONS 15 Y E A R S OF AG E OR OVER IN 45 SELECTED
F A M ILIE S OF ATHENS, GA.
Males.
Age.
Single.
15 to 4ft yA^rs
4ft yea,rs or over

- __ - ________
........... ............................

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

Females.
W id­
owed.

Mar­
ried.
13
23

27

2

Mar­
ried.

2

36

27

Single.
22

22

W id ­
owed.

Total.

18
18

1
8

81
51

36

9

132

Of the 132 persons, 10 or 15 per cent are illiterate. There are 4 Negro
schools in the city. Two are missionary schools and are not very effi­
cient. The 2 public schools, on the other hand, are unusually well
conducted.
As shown in the following table, most of these 45 families own their
homes:
HOMES OW NED AND RENTED B Y 45 SELECTED F A M IL IE S 0 1 ATH EN S, G A., B Y SIZE
OF HOMES.
Families occupying liomes of—
Homes.

2 rooms.

3roomsJ4rooms. 5 rooms. Brooms. 7 rooms. 8 rooms
or over.

Total
fami­
lies.

1

Owned _____ __________ __________
R ented......... ................ ......................

5
1

10

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

6

10

5

3

3
5

10

1

13

4

2

4
]

39
6

2

5

45

The occupations of this little group are as follows for males 10 years
of age or over: Six drivers, 5 teachers, 3 barbers, 3 blacksmiths, 3 in
United States mail service, 2 waiters, 2 shoemakers, 2 carpenters,
2 tailors, 2 physicians, 2 ministers, 1 office boy, 1 clerk, 1 bookkeeper,
1 merchant, 1 editor, 1 restaurant keeper, 1 real estate agent, 1 phar­
macist, 1 plasterer, 1 cook, 1 expressman, 1 farmer, and 1 plumber,
making a total of 45 in the various occupations.



416

BULLETIN OF THE DEPARTMENT OF LABOR.

Of females in different occupations, there were 12 teachers, 11 wash­
erwomen, 6 seamstresses, 2 boarding-house keepers, and 2 cooks, a total
of 33.
The income of these families can be given only approximately; it is
about as follows:
CLASSIFIED INCOME OF 45 SELECTED F A M IL IE S OF ATH EN S, G A., B Y
F A M IL IE S.

SIZE OF

The great mass of the Athens Negroes is made up largely of immi­
grants from the country, and a stream is still pouring in. These
countrymen replace the town laborers in many employments by accept­
ing lower wages, and thus lowering the standard of life which the
town group is striving to raise. Naturally the following more or less
well-defined social classes arise from this situation: The small class of
the better conditioned Negroes, like those we have studied; the large
class of working people and servants; the great number of ignorant
countrymen who are common laborers; finally, a substratum of the
vicious and criminal. This latter class is small in Athens, and there
has not been much serious crime there.
There are 8 Negro churches in the place. Three of the Baptist
churches are: First Baptist, founded in 1865, having property valued
at $ 6,000, and a membership of 425 persons; Ebenezer Baptist, founded
in 1885, whose property is valued at $2,000, and whose membership is
326; Hill’s Chapel, founded in 1895, owning property worth $1,000, and
numbering 150 members. Besides these there are 3 Methodist churches,
1 Congregational, and 1 Primitive Baptist. There are a large number
of Negro organizations, especially secret and beneficial organizations, (a)
From these incomplete sketches few general conclusions can be
drawn. Nevertheless, they have a distinct value. First, they are the
impressions of lifelong residents, not. of hurried investigators; sec­
ondly, in the widely separated communities there are certain striking
resemblances and lessons. The communities fall easily into three
classes: A country district of 131 persons and 11 families; a small
village of 10 1 persons and 16 families; town and city groups of 688
persons and 168 families. In the first class is had a glimpse of the
rtNotes for this study of conditions in Athens, Ga., were furnished "by Miss C. E.
Brydie, a native o f Athens, and at present a senior in Atlanta University.




THE NEGRO IN THE BLACK BELT.

417

deepest of the Negro problems, that of the country Negro, where the
mass of the race still lives in ignorance, poverty, and immorality,
beyond the reach of schools and other agencies of civilization for the
larger part of the time. Small wonder that the Negro is rushing to
the city in an aimless attempt to change, at least, if not to better, his
condition. Perhaps, on the whole, this is best; certainly it is if this
influx can be balanced by a counter migration of the more intelligent
and thrifty Negroes to the abandoned farms and plantations. In the
second class we catch a glimpse of the small village life with one
industry, more material prosperity, but traces of shiftlessness and
thrift, immorality and a better family life, curiously intermingled. In
both these classes the sketches furnished are, unfortunately, meager.
In the third class we have a wider field of observation—4 thriving
Southern towns—but here, again, thereis a limitation. We have studied
that part of the population which has succeeded best in the struggle
of town life, and have seen little of the crime, squalor, and idleness of
some of the rest of the Negro population. Nevertheless, these 168
families have a peculiar interest. They represent, so far as they go, a
solution of the Negro problem, in that they are law-abiding, property­
holding people, marrying with forethought, careful of their homes,
working hard in new lines of economic endeavor, and educating their
children. They are, to be sure, comparatively small in number, and
yet in them lies the hope of the American Negro, and—shall we not
say—to a great extent, the hope of the Republic.




WAGES IN LYONS, FRANCE, 1870 TO 1896.

The following tables contain the results of an effort to secure origi­
nal wage data for certain skilled trades in Lyons, France. The data
from which these tables are derived were secured in connection with an
investigation on this subject which was taken up some months ago, the
results of which were published in Bulletin 18, of the Department of
Labor. The data under consideration, however—those for Lyons,
France—were received too late to be included in that Bulletin. They
have been tabulated in similar form, however, and comparison may
readily be made with the wages shown there.
The first table shows the average daily wages in gold in Lyons for
each year from 1870 to 1896, inclusive, for each of the various occupa­
tions considered, and is as follows:
A V E R A G E D A IL Y W A G E S IN GOLD IN LYONS, FRANCE, 1870 TO 1896.

Year.

1870..............................................
1871..............................................
1872...............................................
1873..............................................
1874...............................................
1875..............................................
1876..............................................
1877...............................................
1878..............................................
1879..............................................
1880..............................................
1881..............................................
1882.......................... ....................
1883..............................................
1884..............................................
1885..............................................
1886..............................................
1887..............................................
1888..............................................
1889..............................................
1890..............................................
1891..............................................
1892..............................................
1893..............................................
1894..............................................
1895..............................................
1896..............................................

418




Black­
smiths.

Black­
smiths’
helpers.

$1.25$
1 . 25i
1.25$
1.25$
1.35
1.35
1.35
1 . 35
1.35
1.35
1.35
1. 35
1.35
1.35
1. 35
1.35
1.35
1.40
1.40
1. 40
1.40
• L40
1.40
1.40
1.44|
1 .44f
1.44|

$0.67$
.67$
.67$
.67$
•67$
.67$
.67$
•67$
.72$
.72$
.72$
.72$
.72$
.72$
•72$
.72$
.77$
.77$
.77$
.77$
.77$
.77$
.77$
.77$
.77$
.77$
.77$

Boiler Bricklay­ Cabinet­
makers.
makers.
ers.
$1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1 . 20 $
1 . 20$
1 . 20 $
1 . 20 $
1 . 20 $
1 . 20 $
1 . 20 $
1 . 20 $
1 . 20 $
1 . 20$
1 . 20 $
1 . 20 $
1 . 20$
1 . 20 $
1.25$
1.25$
1.25$
1.25$
1.25$
1.25$
1.25$

$0 . 86$
. 86 $
. 86 $
. 86$
. 86$
. 86 $
. 86 $
. 86 $
. 86$
. 86 $
1.06$
1 . 06$
1.06$
1.06$
1.06$
1.06$
1.06$
1.06$
1.06$
1 . 06$
1.06$
1. 06$
1 . 06$
1.06$
1.06$
1.06$
1.06$

$0.96$
.96$
.96$
.96$
.96$
.96$
.96$
.96$
.96$
.96$
1.06$
1.06$
1 . 06$
1.06$
1.06$
1 . 06$
1 . 06$
1.06$
1.06$
1.06$
1 .15|
1 .15|
1 .15f
1.15$
1.15$
1.15$
1.15$

Carpen­
ters.
$0.83$
.80
1.06$
1.07$
1.07$
1 . 26$
1.28
1.28$
1.26
1. 23$
1.35$
1.37$
1.40$
1.35
1.34$
1. 35
1.33$
1.34$
1.35
1. 35
1.36$
1.33$
1.35$
1.34
1.35
1 .34
1.35$

Composi­
tors.
$0.96$
.96$
.96$
.96$
*96$
1 . 06$
1.06$
1.06$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$
1.15$

419

WAGES IN LYONS, PRANCE, 1870 TO 1896.

A V E R A G E D A IL Y W A G E S IN GOLD IN LYONS, FRANCE, 1870 TO 1896—Concluded.

Year.

1870
..............
1871
..............
1872............................
1873............................
1874............................
1875............................
1876............................
1877............................
1878............................
1879............................
1880............................
1881............................
1882............................
1883............................
1884............................
1885............................
1886............................
1887............................
1888............................
1889............................
1890............................
1891............................
1892............................
1893............................
1894............................
1895............................
1896............................

Joiners.

$0.96*
.961
.961
.961
.96*
•961
•96|
.961
•961
.961
1 . 06*
1.06*
1 . 06i
1.061
1 . 06*
1 . 06*
1 . 061
1.06*
1.06*
1.06*
1 . 06*
1 . 06*
1 . 06*
1.15f
1 .15|
1 .15|
1 .15|

Pattern
Laborers, Machin­ Machin­ Painters, makers,
ists’ help­
street.
ists.
house.
iron
ers.
works.
$0.63
.63
.63
.63
.63
.63
.63
.63
•62|
.621
.621
.621
.621
.681
. 68*
. 68*
. 68*
. 68*
.681
.681
.721
.72*
.72*
.721
.72*
.72*
.72*

$1 .1 2
1 .1 2
1 .1 2
1 . 12*

1.14
1.14
1.14
1.14*
1.16*
1.17
1.16*
1.17
1.19
1.19
1.19*
1.19*
1 . 20 *
1 . 20 *
1 . 22*
1. 24
1 .23|
1. 24
1.24
1. 25*
1.25*
1.26*
1.26*

$0.62|
.62|
.62|
. 62f
.72*
.72*
.72*
.72*
.72*
.72*
•72*
.72*
.72*
.72*
•72*
.72*
.72*
•72*
.77*
.77*
.77*
.82
.82
.82
.82
.82
.82

$0.91|
.91*
•91|
.96*
1. 01 *
1 . 01 *
1 . 01*
1 . 01 *
1 . 06*
1 . 06*
1.06*
1 . 06*
1.06*
1.06*
1 . 06*
1.06*
1.06*
1.06*
1.11
1 .1 1
1 .11

1.15|
1. 27*
1 .15|
1 .15|

$1.06*
1.06*
1.06*
1.06*
1 . 06*
1.08
1 .15|
1.15!
1.15!
1.15!
1.15!
1.15!
1.15!
1.15!
1.15!
1. 25*
1.25*
1. 25*
1.25*
1.25*
1.25*
1.25*
1.30*
1.30*
1.30*
1.30*
1. 30*

Stone­
cutters.

$0.96*
.96*
1 . 06*
1.06*
1.06*
1 .1 1
1 .1 1
1.1 1
1 .1 1

1.15!
1 . 20 !
1 . 20!
1 . 20 !
1 . 20 !
1 . 20 !
1 . 20!

1.25*
1.25*
1.25*
1.25*
1.25*
1. 30!
1.30!
1.30!
1. 35
1. 35
1. 35

Team­
sters. (a)

$0.83!
.83!
.83!
•83!
.83f
.84
.84
.84
.84
.89
.89
.89
.89
.89
. .89
.89
.89
.89
.89
.89
.89
.89
.89
.89
.89
.89
.89

a In addition to wages, teamsters receive from $0.29* to $0.37 per day in gratuities.

The following summary shows the average daily wages in gold for
all of the occupations combined and the percentage of increase of
average wages as compared with those for 1870. As will be seen, this
increase has been gradual and almost unbroken throughout the period.
The wages for 1871 were a fraction less than those for 1870, and hence
a very small per cent of decrease is shown for 1871. From this year
up to 1894 the course of wages is seen to have gone upward without
any recessions whatever, reaching a per cent of 22.8 in the last-named
year. In 1895 the per cent fell to 21.7, while in 1896 it rose to 22. It
is but fair to say in this connection, however, that the rise to 22.8 per
cent in 1894 and the drop to 21.7 in 1895 are due almost entirely to the
quite considerable rise in the average of the wages of painters in 1894
in the establishment whose pay rolls furnished the data for this occupa­
tion. The schedule containing these data furnishes the information
that this rise is due entirely to the fact that this was the year in which
the exposition was held in Lyons, and as a consequence the demand,
especially for painters, was great. This statement is borne out by the
fact of the drop of wages in this occupation in 1895 and 1896 to the
old rate of 6 francs ($1.15|) per day. Had the rate for 1894 been
normal in this occupation, the average daily wages for all occupations
and the percentage of increase would have shown in 1894 a slight rise
over 1893, and a continued gradual rise for 1895 and 1896. The table
showing average daily wages for all of the occupations combined and
the percentage of increase follows.




420

BULLETIN OF THE DEPARTMENT OF LABOR,

A V E R A G E D A IL Y W A G E S IN GOLD IN LYONS, FRANCE, 1870 TO 1896, A N D PERCENTAG E OF IN C R EASE OF A V E R A G E W A G E S A S COMPARED W IT H A V E R A G E W A G E S
IN 1870.
Average Percent­
age of
daily
wages. increase.

Year.

1870.......................................................................................... ..................................................
1871............................................................................................................................................
1872................................................................................................................................................
1873................................................................................................................................................
1874................................................................................................................................................
1875................................................................................................................................................
1876...............................................................................................................................................
1877................................................................................................................................................
1878................................................................................................................................................
1879................................................................................................................................................
1880................................................................................................................................................
1881................................................................................................................................................
1882,..............................................................................................................................................
1883................................................................................................................................................
1884................................................................................................................................................
1885................................................................................................................................................
1886.................................................................................................................. .............................
1887................................................................................................................................................
1888..............................................................................................................................................
1889................................................................................................................................................
1890...............................................................................................................................................
1891................................................................................................................................................
1892................................................................................................................................................
1893........................ .......................................................................................................................
1894................................................................................................................................................
1895................................................................................................................................................




a Decrease.

$0.92*
.92
.94*
.94*
. 96
.98*
1. 00
1 .0 0
1 .0 1
1 . 01 *

1.05*
1 .05f
1.06
1. 06
1.06
1 .06f
1.07*
1. 07|
1.08
1 . 08*
1.09|
1 . 10 *
1 . 10 *
1 . I lf
1.13*
1 . 12*
1 . 12*

a 0.3
2.4
2.4
4.1
6 .8

8.4
8.4
9.5
1 0 .0

14.4
14.6
14.9
14.9
14. 9
15. 7
16.3
16.8
17.1
17. 3
19. 0
19.5
2 0 .1
2 1 .1
2 2 .8

21.7
2 2 .0

RECENT REPORTS OF STATE BUREAUS OF LABOR STATISTICS.

INDIANA.
Seventh Biennial Report o f the Department of Statistics fo r 1897 and
1898. John B. Connor, Chief of Bureau. 863 pp.
The subjects presented in this report are as follows: Introduction,
40 pages; material progress for eighty years, 42 pages; manufacturing
and labor statistics, 128 pages; agricultural statistics, 73 pages; social,
civil, and criminal statistics, 71 pages; economic statistics, 390 pages;
educational statistics, 16 pages; railroad statistics, 36 pages; vital sta­
tistics, 19 pages; miscellaneous statistics, 30 pages.
Introduction .—The report opens with an article on the natural
resources of Indiana, followed by an account of a great coal strike in
the State and reports of addresses delivered by Carroll D. Wright and
James W. Latta before the National Association of Officials of Bureaus
of Labor Statistics.
Material Progress for E ighty Y ears .—This chapter contains
an account of the progress of the State of Indiana since 1816, the year
of its admission into the Union, showing the development in agricul­
ture, manufactures, etc. It also describes the physical conditions of the
State, its topography, mineral resources, and wealth.
M anufacturing and L abor Statistics .— The topics included
under this head comprise statistical tables showing returns of employees
regarding wages and other labor conditions, the reports of the labor
commission and of the factory inspector, copies of labor laws passed
during the year, and statistics of manufactures.

The returns of employees are presented in 55 statistical tables, each
representing an industry. They show, by occupations, the average age
of employees, daily hours of labor, wages and days employed in 1897
and 1898, size of family, rents paid, annual savings, and the amount
of life and accident insurance carried. No summary or analysis of
these data was made.
The labor commission which was appointed in June, 1897, visited 34
localities in the State where labor disputes occurred. In the course of
their work they prevented 3 strikes, stopped 1 boycott, settled 22
strikes, and failed in their efforts in 6 cases. In the case of 19 of the
22 strikes they secured increased wages for the employees. In 2 of the
cases where they failed, the line of action recommended was subse­
quently adopted by the contending parties. Through the negotiations
10274—No. 22----- 5
421



422

BULLETIN OF THE DEPARTMENT OF LABOR.

of the commission over 7,500 working people were restored to employ­
ment and more than 70 per cent of the latter returned to work at
increased wages.
The statistics of manufactures consist of returns from 1,117 estab­
lishments representing 59 industries. The information is for the years
1897 and 1898, and shows the capital invested, cost of material used,
value of product, wages paid, number of men, women, and children
employed, wage rates of skilled and unskilled labor, months in opera­
tion, hours of labor, and number of strikes. The following is a sum­
mary of the most important data for the 12 leading industries:
STATISTICS OF M A N U FA C TU R E S IN 12 L E A D IN G INDUSTRIES, Y E A R S EN D IN G J U L Y
30, 1897 AND 1898, RESPECTIVELY.

Industries.

Agricultural implements and ma­
chinery ................................................
Breweries..............................................
Engines, boilers, and machinery----Furniture..............................................
Glass........................................................
Iron and steel products......................
Paper and paper goods........................
Planing mills.........................................
Hog and cattle products.....................
Railway construction, equipment,
and shipbuilding..............................
Tin p late................................................
Wagons, buggies, carriages, and
p a r ts....................................................

Industries.

Agricultural implements and ma­
chinery ................................................
Breweries..............................................
Engines, boilers, and machinery___
Furniture................................... 1........
G lass.......................................................
Iron and steel products......................
Paper and paper goods........................
Planing m ills.........................................
Hog and cattle products.....................
Railway construction, equipment,
and shipbuilding..............................
Tin p late................................................
Wagons, buggies, carriages, and
p a r ts....................................................

Capital invested.

Estab­
lish­
ments.

1897.

1898.

19
7
74
97
60
32
29
84
7

$1,053,000
1,442, 000
4, 081, 489
2, 401, 233
3, 642, 256
2,159, 834
3,167, 500
985, 841
2, 323, 525

$1, 752, 839
1, 735, 000
3, 493, 069
2, 608, 735
3, 752, 268
2, 662, 700
2, 541, 884
1, 018, 625
2,399, 830

1
2
5

2, 770, 498
1, 541, 767

2,297,126
1, 770, 000

98

3,497, 501

3, 214, 583

Persons employed.

Estab­
lish­
ments.

1897.

1898.

Estab­
lish­
ments.

2
1
6

Value of product.
1897.

1898.

$2,913,044
1, 507. 368
7, 664, 847
5,267, 706
9, 848, 796
4, 362, 744
3,171, 468
2, 855, 643
28,484,797

$5,073, 743
1, 865, 500
6 095, 989
,
6,074, 262
9, 341, 319
5, 653, 776
3,637, 707
2, 546, 750
32,684, 727

5

3, 655,484
5,142, 900

6,537,726
5, 354,167

104

8 754, 797
,

13, 609, 631

74
97
61
35
29
83

8
1
0

Estab­
lish­
ments.

Wages paid.
1897.

1898.

1

2
1

2, 035
291
4, 813
5, 298
11,319
3,473
1,778
1, 369
2, 895

3, 019
388
4,388
6,125
11, 575
4,036
1 822
,
1,551
2, 980

5

4, 882
2, 744

5,474
2, 774

106

7,142

7, 320

7
76
97
63
35
30
84

8
1
2

2
1
6

73
97
58
33
30
83

$870, 910
197,800
2, 093, 549
1, 626, 543
4,510, 422
1,182, 781
650, 716
529, 375
1,165, 771

$1, 404, 784
312, 307
1, 781, 905
1, 849, 820
4, 390,497
1,843, 854
677,109
588,813
1, 376, 037

5

1,237,770

2,123, 314
1,342,874

105

2, 209, 488

2 662, 661
,

8
1 1 806, 081
2 ,

Statistics of mines and quarries are separately tabulated. Eeturns
from sixty coal mines show an aggregate invested capital of $1,594,623,
a total production of 2,537,183 tons, and a total of $1,025,651 paid in
wages during the past year. Thirty-seven stone quarries made returns.
The aggregate value of the machinery and quarries was reported at
$1,127,500, the total production was 30,079 carloads of stone, and
$374,281 was paid in wages.
A gricultural Statistics .—The statistics of agriculture are pre­
sented to show in detail, by counties, the acreage and the quantity and
value of the chief raw and manufactured products. The quantities and



REPORTS OF STATE BUREAUS OF LABOR---- INDIANA.

423

values for the whole State for the year ending March, 1898, are shown
in the following statements:
Q U A N T IT Y AN D V A L U E OF R A W A G R IC U L T U R A L PRODUCTS FOR THE Y E A R
ENDING M ARCH, 1898.
Articles.

Quantity.

W h e a t............................................................................................................ bushels..

12,986, 068
15,564,586
464,411
422, 910
295, 396
55, 091
300
400, 529
144,839
377, 727
272, 787

Buckwheat...........................................................................................................do----Flaxseed.............................................................................................................. do----Auples............................................................................................................ bushels - .
Tobacco...........................................................................................................pounds - .

Value.
$11, 901,182
4,085, 704
148, 612
97, 269
132, 928
27, 545
354
64, 084
35,186
207, 750
122, 754

Q U A N T IT Y A N D V A L U E OF M AN U FAC TU R ED AG R IC U L T U R A L PRODUCTS FOR THE
Y E A R ENDING M ARCH, 1898.

Article.
Flour................................................
Bran................................................ .
Middlings.......................................
M eal..................................................
Screenings..................................... .
Chop feed........................................
Hominy............................................
Grits.................................................
Rye, flour, and corn meal mixed
Corn flak es................................... .
Buckwheat flour...........................
Starch..............................................
By-products of corn....................
Cider vinegar................................
W hisk y...........................................
Apple brandy.................................
Lager beer.....................................
A l e ..................................................
Porter..............................................
Cigars...............................................
Lumber............................................

Quantity.
barrels..
pounds..

barrels..
pounds..

barrels..
gallons..
barrels..

3, 951, 538
7, 332, 397
1, 665, 925
6 , 299, 457
8
236,181
77, 096,463
85, 365, 383
13, 749, 080
1, 745, 920
52, 830,199
1,103, 043
31, 990,044
29, 599, 991
1 , 000
0
31, 681, 922
16, 274
1, 013, 470
163, 363
162, 019
7, 524, 856
273, 516, 690

Value.
$18, 769, 805
45, 827
16, 659
512, 246
1, 653
693, 868
768, 288
123,741
7, 856, 640
41, 735, 857
23, 439
511, 831
136, 042
60, 000
63, 363, 844
32,548
6 080, 820
,
1, 306, 904
1,134,133
263, 371
4, 307, 355

E c o n o m i c S t a t i s t i c s .— The data presented under this head relate
to public expenditures, debts and funds, real estate transfers, mort­
gages, taxation, schoolhouses, salaries of officials, etc., and building
and loan associations.
Returns from 291 building and loan associations were tabulated.
The following statement shows the totals of the principal items
reported:
291
Number of associations reporting......................................................................
Capital sto c k ............................................................................................................... $145, 987, 461
Dues paid in . ‘ ............................................................................................................. $17,155, 432
Fines paid i n ..............................................................................................................
$96, 070
Interest received........................................................................................
$3, 745,173
Profits.............................................................................................................................
$3,937,475
Loans ............................................................................................................................. $21, 206, 680
Paid for redemption of shares..............................................................................
$7,466, 913
Shareholders...............................................................................................................
46,579
Homes acquired by members of 189 associations during 1897 ..................
3, 736




424

BULLETIN OF THE DEPARTMENT OF LABOR.

Of the shareholders, 32,522 were wage workers, and of the total
loans, $5,545,950 were made to working people.
B ailroad Statistics .—The statistics of railroads were obtained
from the reports of the auditors of the several railway systems in the
State for the year ending June 30, 1898. Tables are given showing for
each road the earnings, operating expenses, passengers carried, freight
tonnage, passenger and freight rates, salaries and wages, number of
officials and employees, hours of labor, and accident statistics. The
following statement shows the number and average wages of railway
officials and employees during the year ending June 30, 1898:
average

d a il y w a g e s

and

hours of

labor

of

r a il w a y

em ployees

for

TH E Y E A R E N D IN G J U N E 30, 1898.

Occupation.

General officers.................
Division superintendents
Civil engineers.................
Master mechanics...........
Road masters.....................
Clerks.................................
Conductors, passenger. . .
Conductors, freight.........
Engineers, passenger----Engineers, freight...........
Firemen, passenger.........
Firemen, freight...............
Brakemen, passenger___
Brakemen, freight...........
Baggagemen......................
Machinists........................
Conductors, ya rd .............
Engineers, yard.................
Firemen, y a rd ...................
Brakemen, yard.................

Em­
ploy­
ees.

356
73
72
52
119
5,048
598
1,480
637
1, 759
636
1,752
675
3,212
591
2, 716
694
748
727
1,676

AverAver­
age
age
daily
wages
hours of
per day. labor.
$9.84
7. 78
4. 36
4.98
3.61
1.79
3. 55
3.04
3. 95
3. 83
2 20
.
2.19

2.00
2 08
.
1.89
2.22
2.60
2.90
1.76
2 08
.

9.4
9.7
9.7
9.2
9.3
9.9
9.2

1 .1
0
9.2
10
.0
9.2
9.9
9.1
9.4
10.9
10.5
10.5
10.4

Occupation.

Wipers, y a rd ............. .
Station agents not tele­
graph operators.........
Station agents also tele­
graph operators .........
Telegraph
operators
not station agents----Carpenters......................
Section foremen...............
Section m e n ....................
Watchmen........................
Bridge tenders
and
pump m en ....................
Soliciting agents.............
Traveling
passenger
agents ............................
Contracting agents........
Painters............................
Extra foremen.................
Other employees— ........

Em­
ploy­
ees.

Aver­
Aver­
age
age
wages daily
hours ot
per day. labor.

577

$1.31

9.8

1,503

1.89

10.3

1,133

1.61

10.7

2, 232
3, 822
2, 523

10.6

2, 783

1.72
1.93
1.55
1.13
1.24

389
50

1.15
3.55

10.2

96
58
704

3.37
3. 97
1. 85
2.28
1.51

9.5
9.1
9.3

1 ,6 8
16

20
1
2 , 066
2

9.6
9.9
9.8
10.5
9.3

10.1
9.7

Statistics of street railways in the different cities and towns of the
State are also given.
M iscellaneous Statistics .—Under this head are included sta­
tistics of business failures, meteorological data, amounts paid for liquor
licenses and fines, election returns for Indiana, and occupation statistics
obtained from the United States Census Bulletin.
NEW HAMPSHIRE.
Second Biennial Report o f the Bureau o f Labor o f the State o f New
Hampshire. 1897,1898. Julian F. Trask, Commissioner. 204 pp.
This report treats of the following subjects: Comparative statistics
of manufactures, 8 pages; industrial chronology, 18 pages; statistics
of manufactures, 7 pages; taxation statistics, 26 pages; economics, 15
pages; labor bureaus, 18 pages; library statistics, 7 pages; labor
law decisions, 58 pages; New Hampshire labor laws, 21 pages; items
in the labor world, 9 pages.



REPORTS OF STATE BUREAUS OF LABOR— NEW HAMPSHIRE.

425

Manufactures .—Tables are presented showing a summary of
returns for 1897 from 350 manufacturing establishments in the State,
representing 43 different industries; also a comparison of the returns
for 1897 with those for the four preceding years. The returns for 1897
are summarized in the following statement:
Establishments considered......................................................................................
350
Capital invested........................................................................................................... $34,422,907
Cost of material........................................................................................................... $24, 903,156
Wages p a i d . . . . ............................................................................................................. $11,394,717
Value of product............................................................................................................$44,445,183
Number of male employees.......................................................................................
21, 007
Number of female employees...................................................................................
12,459
Total em ployees...........................................................................................................
33, 466

A comparison of the above data with those for the four preceding
years shows an increase in each of the items mentioned.
I ndustrial Chronolouy .—Brief accounts are given of important
events affecting industrial establishments and their employees in the
different cities and towns of the State.
Labor B ureaus .—This chapter contains extracts from the report
of the proceedings of the thirteenth annual convention of the National
Association of Officials of Bureaus of Labor Statistics, and a list of
domestic and foreign statistical bureaus.
Miscellaneous Subjects .—A chapter on taxation statistics con­
tains extracts from the reports of the State Board of Equalization on
the valuation and taxation of property. Another chapter on economics
contains a number of articles on various economic subjects. Important
judicial decisions rendered in various parts of the country on labor mat­
ters during 1897 and 1898, and labor laws in force in New Hampshire
in 1897, are reported. The report concludes with some reviews of offi­
cial publications and miscellaneous notes regarding the labor movement
in this country.
NEW JEBSEY.
Twentieth Annual Report o f the Bureau o f Statistics o f Labor and
Industries o f Neiv Jersey, for the year ending October 31,1897. Charles
H. Simmerman, Chief, xii, 510 pp.
The following subjects are considered in this report: Statistics of
manufactures, 64 pages; current standard wage rates, 32 pages; labor
legislation, 23 pages; cooperative building and loan associations, 390
pages.
Statistics of Manufactures .—The compilation of statistics of
manufactures in New Jersey was begun in 1895, the data contained in
the present report being in continuation of this work. The returns
comprise but a portion of the manufacturing interests of the State, the
object being merely to show the general trend of industries from year
to year. The information was obtained largely by correspondence.



426

BULLETIN OF THE DEPARTMENT OF LABOR.

Beturns were received from 349 establishments representing 45 gen­
eral industries. Of these establishments 206 were managed by private
firms and 143 by corporations. The private firms had an aggregate of
453 partners, while the corporations had 2.420 stockholders. Of the
aggregate capital invested, amounting to $56,099,306, the corporations
controlled $37,710,691, or 67.22 per cent, while the private firms con­
trolled $18,386,615, or 32.78 per cent. The average investment per
partner was $40,592.97, while that per stockholder was $15,582.93.
The bar steel and Iron and the electric lamp and dynamo industries
were conducted exclusively by corporations.
Of the 349 establishments making returns 265 are grouped under 20
industries, each of which produced goods to the value of over $ 1 ,000,000. The returns for these industries are summarized in the following
table:
STATISTICS OF M AN U FA C TU R E S IN 20 L E A D IN G IN DUSTRIES, 1896.

Industries.

Estab­
lish­ Capital in­
vested.
ments.

Bar steel and iron .................................
Brick and terra cotta............................
Cotton goods............................................
Chemical products.................................
Electric lamps and dynamos...............
Foundry, iron...........................................
G la ss............. ...........................................
Hats, men’s ..............................................
J ew elry....................................................
Knit goods...............................................
Leather and leather goods...................
Machinery.................................... .........
Metal goods.............................................
Paint and varnish.................................
Rubber goods..........................................
Shirts.........................................................
Shoes.........................................................
Structural steel and iro n ....................
Silk goods........ .....................................
Woolen and worsted goods.................

4

7
16
5
67
13

$3,480, 000
1,883, 035
1, 311, 000
2,896, 650
3, 095, 446
1,188, 243
846, 000
908, 073
1,096,110
1 220, 000
,
1, 796, 981
3, 463, 593
1, 069, 541
3, 232, 500
2, 233, 616
734, 200
973, 546
1, 556, 800
11, 737, 621
4,466,980

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

a 265

49,189,935

1
0
8
7
3

1
1
6
19
14
4
18
26
15

6
6

Value of
material
used.

Value of
product.

$1,531,672
475, 572
2,459, 886
1,484, 557
713, 887
703, 668
441, 515
971, 910
453,276
733,990
1, 664, 602
937, 065
459, 934
856, 111
1, 382,154
630,173
1,056, 054
848, 038
9,518, 569
3, 209,292

$2, 994,970
1,135, 525
2, 939,144
2,362, 994
1,540, 337
1,234, 471
1, 204, 471
2, 036, 627
1,113, 552
1, 895, 984
2,858, 899
2,183, 270
1,282, 470
1,537,157
2,117, 964
1,127, 267
2, 053, 203
1,711, 613
17, 213, 313
5,164, 957

1,428
1,087
599
1,118
636
1, 504
1,462
603
1 606
,
1,277
1,594
1,177
262
1,023
1, 391
1, 649
1,403
1 , 661
1
4, 248

30, 531, 925 & 708,188
55,

37,536

Average Average
persons days in
employed. operation.

1 808
,

263
249
276
293
287

22
2

257
257
274
272
275
281
285
296
262
271
254
244
280
261

a The correct total of the figures shown; the report gives 260.
b The correct total of the figures shown; the report gives $55,708,218.

Current Standard W age B ates .—In this chapter a comparison
is made between current rates of wages ascertained for 1897 and those
published in previous reports. The comparative tables show, by indus­
tries, the year, the highest, lowest, and average weekly wage rates, and
the sex of the wage earners. In the case of time workers, where, in
most industries, a comparison could be made for different years, the
standard wage rates generally showed an upward tendency.
L abor Legislation . —This chapter contains the text of labor laws
passed in New Jersey during the 1897 session of the legislature, and
reports of the decisions of New Jersey courts regarding labor matters.
Cooperative B uilding and L oan A ssociations.—There were
334 associations reported for 1897, of which 309 were local, 14 State,




427

REPORTS OF STATE BUREAUS OF LABOR— NEW JERSEY.

and 13 national associations. Of these, 317 made full returns for the
year. The following statement contains a summary of the most impor­
tant facts shown for each kind of association:
STATISTICS OF 317 BUILDING AN D LOAN ASSOCIATIONS, FOR THE Y E A R 1897.

Associations.
Items.

National.
Local.

State.
New Jersey. New York.

Associations..............................
Free shares.................................
Pledged shares........................
Shares issued during year . . .
Shares canceled during year
Shares matured during year.
Shareholders............................
Borrowers.................................
Total receipts for year.............
Total disbursements for year.

300
1
1
5
1
461, 626
156, 940
32,958
19, 097
2 1 670|
0,
30,206i
7,102
7,206
79, 713
124,871
17,7341
6 501
,
102,550|
52,182
11,592
3, 360
5
12 ,3791
23, 949
4, 366
87, 219
1, 205
28, 258
1,489
832
263
$17, 392, 909. 04 $1, 328, 683. 21 $643, 781. 30 $467, 868. 61
572, 979.71
16,123, 528. 67 1,280,412.24
426, 632.76

The following table shows the assets and liabilities of each class of
associations for the year 1897:
ASSETS A N D L IA B IL IT IE S OF 317 BUILD IN G A N D LOAN ASSOCIATIONS, FOR THE
Y E A R 1897.
Associations.
National.

Items.
Local.

A ssets:
Cash___
Loans—
Bond and mortgage,
Stock (book)........... .
Other securities____
Personal property......... .
Real estate...................... .
Arrearages......................
A ll other...........................
T o ta l.............................
Liabilities:
Total net assets.. . . .
Undelivered loans ..
Bills payable............
Overpayments.........
Unearned premiums
Canceled shares........
Sundries.....................
T otal......................

a $1,272, 634. 22

State.

New Jer­
New York.
sey.

b $47, 401. 64 6$61, 778. 34

$41, 335.85

37, 296, 392. 34
1, 564, 800. 31
699, 374. 84
28, 645. 04
1, 394, 264. 83
640, 838.14
68,458. 48

2, 207, 386. 06
65,173. 84
2, 219. 48
18, 967.00
289, 592. 37
83, 910. 64
1,918. 86

777, 927. 00
37, 812. 43
8 027. 66
,
4, 022. 76
2, 500.00
27, 087. 90
12, 958. 36

659, 586. 02
10, 400. 00
11,174. 50
3, 692.19
29, 430.97
16, 092.81
27,840. 60

42,965, 408.20

2,716, 569. 89

932,114. 45

799, 552. 94

41,038, 934. 01
278, 277. 06
617,416.31
287,170.11
255, 892.03
402, 991. 01
84, 727. 67

1,947,961.21
99, 091. 54
160, 905.73
146, 732.12
7, 014. 40

817, 513. 49
2, 784. 00
33, 380.41
4,479. 61

721,927. 50
26, 094. 64
25, 000. 00

354, 864. 89

73, 956. 94

26, 530. 80

42, 965, 408. 20 I 2, 716, 569. 89

932,114.45

799, 552. 94

a Including some items not credited as balance under disbursements.
b Excluding expense fund cash.

The report shows a total of 856,836 shares in force. There were
116,739 shareholders and 30,842 borrowers. The aggregate gross re­
sources amounted to $47,413,645.48. Following is a comparative sum­
mary of aggregate data for 6 years, for all classes of associations,




428

BULLETIN OF THE DEPARTMENT OF LABOR.

including nationals, the bulk of whose transactions is outside of the
State:
SHARES IN FORCE A N D PLEDGED, SHAREHOLDERS, BORROWERS, A N D N E T ASSETS
OF B U IL D IN G A N D LOAN ASSOCIATIONS, 1892 TO 1897.

Year.

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

Associa­
Shares
tions re­ Shares in pledged.
force.
porting.

Share­
holders.

153,813
173, 767
193, 479
202,639
213, 807
246,185

87,762
93, 889
98,167
101, 619
111, 575
116, 739

290
297
306
301
316
317

571, 665
634,163
689, 398
693,810
750, 487
856, 836

Borrow­
Net assets.
ers.
21, 752
22, 910
24,670
25, 598
26,492
30, 842

$29,988, 767
33, 836, 487
37, 339, 602
38,882,110
41,059,216
44,526,336

This comparison shows that cooperative building and loan associa­
tions continue to grow uninterruptedly both in numbers and in the
magnitude of their business transactions.

TWELFTH ANNUAL REPORT OF THE STATE BOARD OF ARBITRA­
TION AND CONCILIATION OF MASSACHUSETTS.

Twelfth Annual Report o f the State Board o f Arbitration and Concilia­
tion o f Massachusetts, fo r the year ending December 31, 1897. Charles
H. Walcott, Chairman. 176 pp.
This report consists of an introduction and detailed accounts of 36
cases dealt with by the board. An appendix contains a digest of laws
relating to State and local boards and other tribunals of conciliation
and arbitration in the United States.
During the year 1897 the board took cognizance of controversies
involving persons whose yearly earnings were estimated at $1,036,360.
The total yearly earnings in the establishments involved, under ordi­
nary conditions, were estimated at $3,840,800. The expense of main­
taining the State board of arbitration and conciliation for the year was
$10,397.87.




RECENT FOREIGN STATISTICAL PUBLICATIONS.

AUSTRIA.
Die Arbeitsvermittlung in Oesterreieh. Verfasst und herausgegeben
vom statistischen Departement irn k. k. Handelsministerium. viii, 304,
217* pp.
The present work is a compilation of facts, in text and statistical
tables, relating to the various agencies for securing employment to
working people in Austria. While the data are necessarily incomplete,
the Austrian statistical bureau, which made the compilation, has
endeavored to give a thorough and careful presentation of the number
and the general character of employment agencies and the results of
their operations, The investigation was begun in May, 1896, but the
material was not all collected until toward the close of 1897. The infor­
mation was obtained by means of schedules of inquiry sent to all insti­
tutions in the country which in any way engaged in securing work for
the unemployed. The textual matter contains a historical sketch of the
employment features of each class of institutions, an account of the
operations of each, and an analysis of the statistics contained in the
tables. The tables contain detailed information by localities and indus­
tries for each of the following classes of institutions containing employ­
ment features: Private employment bureaus, trade unions, trade guilds,
working people’s educational societies, Catholic journeymen’s societies,
other societies, wayfarers’ lodges, and asylums, schools, etc. One set
of tables contains statistics of newspaper advertisements for situations
and for help. These tables are followed by summary statements of the
statistics, showing the results by cities, States, character of institu­
tion, etc.
The inquiry covers 2,858 institutions which conducted employment
bureaus or provided other means for securing work for the unemployed.
These may be grouped as follows: Public employment agencies, 947;
trade unions and guilds, 405; employers’ associations, 17; employees’
associations, 362; associations of employers and employees, 33; philan­
thropic institutions, 178, and private employment bureaus, 916.
The most common form of public relief to the unemployed in Austria
was by means of wayfarers’ lodges (N'aturalverpflegsstationen), which
are usually established on the principal highways. These are intended



429

430

BULLETIN OF THE DEPARTMENT OF LABOR.

to prevent house and street begging by giving food and shelter to
persons in search of work. They are supported either by the State or
by the communities of the judicial districts in which they are located,
and are usually under the supervision of the communal authorities.
Besides furnishing board and lodgings in return for work, these lodges
have proved to be very effective agencies for securing positions for the
unemployed. Beturns received from 814 such institutions in Austria
show that 43,125 positions were secured through their agency in 1895.
Employment agencies were also maintained in connection with
various public institutions, such as almshouses, hospitals, orphan asy­
lums, reformatories, etc. Returns regarding employment agencies were
received from 133 public institutions of this character, 75 of which
were supported by the National Government, 29 by individual States,
and 29 by communities. These institutions secured 1,419 positions for
unemployed persons during 1895. Thus there was a total of 947 public
institutions which were in some way active in securing work for the
unemployed. Of this total number, 1 1 1 rendered this service only to
males, 12 only to females, and 824 to both sexes. They provided a
total of 44,544 positions in 1895. No fees for securing employment or
providing help were charged in any case.
Considerable activity has been shown in Austria by associations of
employers and employees, such as trade unions, trade guilds, etc., in
providing means for securing work for the unemployed, 817 organiza­
tions of this character having had employment agencies in connection
with their institutions. Of these, 405 were trade unions and trade guilds,
17 were employers’ associations, 362 were employees’ associations, and
33 were associations composed of both employers and employees. Of
the 817 organizations, 732 rendered the employment service gratui­
tously, 34 required fees from employers only, 41 from employees only,
and 9 from both parties. One organization did not report on this sub­
ject. In 643 organizations positions were secured for males only, in 9
for females only, and in 164 for both sexes, one organization not
reporting. During the year 1895 530 employers’ and employees’ organ­
izations secured 76,875 positions for the unemployed, 65,591 of which
were for males and 11,284 for females.
Besides the above public and industrial institutions for the benefit
of the unemployed there were 178 philanthropic organizations which
maintained employment agencies of various kinds. Of this number 65
were local societies, 17 were national societies, and 96 were asylums,
schools, etc. In 175 of these organizations no fees were required for
providing employment. Fees were required in the remaining three
organizations, in one of which they were payable by employees and in
the other two by employers. Of the 178 philanthropic institutions, 132
reported that situations were provided for 17,002 persons during 1895.
There were 916 private employment agencies from which returns
were received, and these were conducted purely for gain. In 37 of these



FOREIGN STATISTICAL PUBLICATIONS---- AUSTRIA.

431

agencies fees were required from employers only, in 110 from employees
only, and in 7G9 from both parties. Registration fees were required
by 495 agencies, and 875 agencies required fees when positions were
secured. In 139 agencies the registration fees were refunded when sit­
uations could not be secured. The registration fees varied from 5
kreutzers (2£ cents) to 4 florins ($1.93), and the fees for securing situa­
tions from 20 kreutzers (10 cents) to 20 florins ($9.65). In 131 agencies
when positions were secured commissions were charged of from 10 to 50
per cent of the first month’s wages, in 56 agencies from 2 to 10 per cent
of the first year’s wages, and in 11 agencies from 3 to 10 per cent of the
wages during the continuance of the contract of employment. The 11
agencies last mentioned were employment bureaus for theatrical
employees. Fourteen private employment agencies were for males
only, 433 for females only, and 469 for both sexes. During the year
180,692 positions were secured through 814 employment bureaus report­
ing. Of these positions 1,696 were for males, 77,633 for females, and in
101,363 cases the sex was not reported.
There were, therefore, in the entire State, 2,858 institutions which
were in some way engaged in the work of providing employment to
persons out of work. In 409 institutions, or 14.3 per cent of all, the
employment service was only a secondary feature of the work of the
institutions. Of 2,857 institutions reporting, 1,854, or 64.9 per cent,
charged no fees whatever, either for securing work for the unemployed
or providing help for employers; 73, or 2.6 per cent, required fees from
employers only; 152, or 5.3 per cent, from employees only; and 778, or
27.2 per cent, required fees from both parties. Of the institutions
charging fees, all but 87 were private employment bureaus conducted
for gain.
The employment service was for males only in 830 institutions; for
females only in 505 institutions, and in 1,522 institutions for both sexes,
one institution not reporting. The services of 469 employment agencies
extended only to the domestic service; of 926 to mining and manufac­
turing industries; of 104 to commercial industries; of 116 to domestic
service and manufacturing industries; and of 1,243 to all categories of
employment.
Returns regarding positions secured were received from 2,385, or
83.45 per cent of all the agencies. These reported a total of 319,113
positions provided during 1895. Of these positions, 108,313 were
secured for males and 96,626 for females; in the case of 114,174 the sex




432

BULLETIN OF THE DEPARTMENT OF LABOR.

was not reported. Following is a summary of the more important
data presented in this work:
STATISTICS OF EM PLOYM ENT AGENCIES IN AU ST R IA , 1895.
Positions secured.
Agen­
cies re­
Charges for services
porting
paid by—
1
Serv­
Sex
posi­
Fe­
ices
Em­ Both Total. tions se­ Males. males. not re­ Total.
gratu­ Em­
ported.
cured.
itous. ploy­ ploy­ par­
ees.
ties.
ers.
Employment agencies.

Character of institu­
tions conducting
employment agencies.

Public institutions:
W ayfarers’ lodges
Others—
N ation al

814

Communal----Total

__

Employers’ and em­
ployees’ societies:
Trade unions and
g u ild s.................
Employers’ socie­
ties ......................
Employees’ socie­
ties ......................
Mixed societies -

814

29, 773

779

75
29
29

52
19
24

605
264
276

107
119
48

947

Stnfcps

814

75
29
29

947

909

30, 918

1,053

405

22
1

39, 391

4, 810

17

15

919

2,180

3,099

355

31

1
2

7

17

12,573

43,125
712
383
324

12, 573

44, 544

44, 201

340

3

17

1
2

1
1

a 361
33

271
32

16,741
8 540
,

1,487
2, 807

18, 228
11, 347

732

34

41

9

a 816

530

65, 591 11,284

76,875

65

2
0

T o ta l...........
Philanthropic institu­
tions :
Local societies___
National societies.
Asylums, schools,
etc.......................

63 ,
ifi 1
j
96

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

17n !

1

2

1

56

17

1
2

8,524
568

1, 763
440

96 !

1
1

64

1,016

4 , 453

10,108

6 656
,

178 |

132

238

10, 525
1,008
5, 469

238

17,002

■ = = = .

Private employment
bureaus......................
Grand total.

!

1, 854

37

10
1

769

73

152

778 a2, 857 i

916 |

1

1,696 77, 633 101, 363

180, 692

2, 385 108, 313 96, 626 114,174

814

319,113

1

a Not including 1 employees’ society not reporting as to charges.

FRANCE.
Annuaire des Syndicats Professionals Industriels, Commerciaux et
Agricoles constitues conformement a la loi du 21 mars 1884 en France et
aux Colonies. Office du Travail, Ministere du Commerce, de l’lndustrie, des Postes et des Telegraphes. 1897, lv, 620 pp.
This is the ninth annual report on trade and agricultural associations
organized in conformity with the provisions of the law of March 21,
1884, in France and her colonies. Under this head of associations are
included all trade unions, employers’ associations, organizations com­
posed of employers and employees, and farmers’ associations. The
report mainly consists of a directory of these organizations. It also
contains short summary tables, copies of the law of March 21,1884, and
the government decrees enforcing the same, and a review of judicial
decisions and orders relating to such organizations. The first of the
two tables following shows the number of these organizations on July



FOREIGN STATISTICAL PUBLICATIONS---- FRANCE.

433

1 of each year, from 1884 to 1897. The second table shows their mem­
bership on July 1 of each year, from 1890 to 1897:
TRA D E AND AG R IC U L T U R A L ASSOCIATIONS IN EXISTEN CE ON J U L Y 1 OF EACH
Y E A R FROM 1884 TO 1897.
Industrial and commercial
associations.
Date.

j
i

July
July
July
July
July
July
July
July
July
July
July
July
July
July

Em­
W orkingployers’ . men’s.

1,1884....................................................'
1,1885 ....................................................1
1,1886 ....................................................1
1, 1887....................................................1
1,1888 ....................................................|
1,1889 ....................................................
1,1890 .......................................... .........
1,1891....................................................
1,1892 ....................................................
1.1893 ....................................................
1,1894 ....................................................
1,1895 ....................................................
1,1896 .............................................. .
1,1897 ....................................................

11
0
285
359
598
859
877
1, 004
1,127

11
,2 2

1, 397
1,518
1 622
,
1, 730
1, 823

Mixed.

1
8

6
8
21
2

280
501
725
821
1 006
,
1, 250
1,589
1, 926
2,178
2, 163
2, 253
2,316

Agri­
cultural
associa­
tions.

4

45
78
69
97
126
147
173
177
173
169
170

1

5
39
93
214
461
557
648
750
863
952
1,092
1,188
1,275
1,371

Total.

175
549
740
1, 358
2,123
2, 324
2, 755
3, 253
3,811
4, 448
4,965
5,146
5, 427
5, 680

Increase
since
J uly 1 of
preced­
ing year.

374
191
618
765

21
0

431
498
558
637
517
181
281
253

M EMBERSHIP OF TRA DE A N D AG R ICU LTU R A L ASSOCIATIONS ON J U L Y 1 OF EACH
YE A R FROM 1890 TO 1897.
Membership of associations.
Date.

July
July
July
July
July
July
July
July

1,1890..................................................
1,1891............................- ....................
1,1892..................................................
1,1893 ............................................ ..
1,1894 ..................................................
1,1895..................................................
1,1896..................................................
1,1897..................................................

Employ­ Working­ Mixed.
men’s.
ers’ .'
93, 411
106,157
102, 549
114,176
121, 914
131, 031
141,877
159, 293

139, 692
205,152
288, 770
402,125
403, 440
419, 781
422, 777
431, 794

14,096
15, 773
18, 561
30, 052
29,124
31,126
30,333
32, 237

Agricul­
tural.

Total.

234, 234
269, 298
313, 800
353, 883
378, 750
403,261
423, 492
438, 596

481,433
596, 380
723, 680
900, 236
933,228
985,199
1, 018, 479
1, 061, 920

Increase
since
July 1 ot
preced­
ing year.

114,947
127, 300
176, 556
32, 992
51, 971
33,280
43, 441

The law of March 2 1 , 1884, provides for the registration of all trade
and agricultural associations and requires the deposit of copies of the
constitution and by-laws of such organizations with the local author­
ities. It also defines the powers of such associations and provides for
the punishment of those who do not comply with the requirements
of the law.
Les Associations Ouvrieres de Production. Office du Travail, Ministere
du Commerce, de PIndustrie, des Postes et des Telegraphes. 1897.
613 pp.

The present report is the result of an inquiry undertaken by the
French bureau of labor for the purpose of ascertaining the number
and character of workingmeiPs cooperative productive associations in
France, studying their development, and discovering the causes under­
lying their successes or failures. The report contains: A comprehen­
sive historical review of the development of cooperative productive
associations from 1848 to 1897, accompanied by copies of laws and other
documents bearing upon the same; monographs of eighteen cooperative



434

BULLETIN OF THE DEPARTMENT OF LABOR.

productive associations in France; and statistical tables showing (1 ) an
alphabetical list of workingmen’s cooperative productive associations
in operation on January 1 ,1895? 1896, and 1897, (2 ) a list of other coop­
erative enterprises not strictly workingmen’s cooperative productive
societies, and (3) detailed statistics of workingmen’s cooperative pro­
ductive associations in France in operation during the year 1895, show­
ing for each the form and date of organization, nature of industry,
conditions of membership, number of adherents, system of manage­
ment, original and present capital, subsidies received, wages paid,
profits distributed, and other data. The report closes with an analysis
of these tables.
The investigation was made in accordance with uniform schedules of
inquiries. It disclosed the existence of 213 workingmen’s cooperative
productive associations in operation in 1895 and 1896. Of these, 200
were personally visited by agents of the bureau. Of the 213 associa­
tions, 140 were in operation January 1,1895. During that year 32 new
associations were organized and 1 1 were discontinued, leaving 161 in
operation January 1, 1896. During 1896 41 new associations were
founded and 18 disappeared, leaving 184 associations in operation
January 1, 1897.
The detailed information contained in the tables relates to 165 of the
172 associations in operation during the year 1895, the information for
the remaining 7 associations not being complete. The details are
shown for each association, arranged by industries and occupations.
The following tables give a summary of the more important figures
presented, arranged by industries:
M EMBERSHIP, PERSONS EM PLOYED, A N D W A G E S P A ID IN W O R K IN G M E N ’S COOP­
E R A T IV E PRODUCTIVE ASSOCIATIONS, 1895.

Industries.

Forestry and quarrying.............
M in in g ...........................................
Food products (baking).............
Printing and lithographing----Wood engraving, photograph­
ing, and paper goods.................
Hides and leather........................
Textiles (weavingand printing)
Clothing and upholstering........
Carpentry and joining...............
Other woodworking....................
Brush, broom, basket, and
pearl-button making...............
Locksmithing................................
Metal goods...................................
Diamond cutting..........................
G la s s..............................................
Paving and road construction..
Building trades (earth, stone,
cement, tile, e tc .).....................
Roofing and plumbing.................
Painting, plastering, and dec­
orating.........................................
Transportation and handling ..
T o ta l...................................




Employees.
Wages paid.
Asso- Memciabertions sbip
Members. Auxiliaries.
re- at end
To mem­ To auxil­
Total.
portof
Maxi- Mini- Maxi- Minibers.
iaries.
mg. year. mum. mum. mum. mum.
4

$42,766
52, 025
154
61, 683

$10, 239
19,518
12
95, 303

$53, 005
71, 543
166
156,986

52
116

6 225
,
60,556
36, 953
6 449
,
79, 234
49,447

1,276
46, 715
18, 274
5, 253
59, 406
32,165

7, 501
107,271
55, 227
11, 702
138, 640
81,612

166
15
667
151
505
146

156
2
2
20
13
18
604 2, 977 2, 863
24
39
137
450
53
68
122
592
87

15, 203
6,948
215, 600
52,129
113,101
56,113

193
4,825
559, 397
11, 314
14,325
41, 619

15, 396
11, 773
774, 997
63,448
127,426
97, 732

350
39

297
22

124
27

528
27

43
5

42, 671
8 395
,

27,084
3,445

69, 755
11, 840

94
826

95
849

63
770

286
571

11
455

29, 248
294, 769

31, 862
134, 347

61,110
429,116

4, 274 1, 229, 669 1,116, 572

2, 346, 241

289
435
12
1,396

279
353

188
317
7

193
123
4
313

72
443
2, 280
182
403
411

47
280
342
36
260
221

35
240
276

12

12
5
4
13

192
18
821
151
454
161

15
4

11

8

2

6

5
13
9

6
18

12

4

2

17

9, 029

12
121

121

21

158
184

354
125
30
270

201

28
102
161

10

172
51

21

435

FOREIGN STATISTICAL PUBLICATIONS-----FRANCE.

C A P IT A L , GOVERNM ENT SUBSIDIES, BUSINESS TRANSACTED , A N D PROFITS OF
W O R K ING M EN ’ S COOPERATIVE PRODUCTIVE ASSOCIATIONS, 1895.
j
stock at
Asso­ Capital inquiry. time Govern­
of
ment
Associ­
cia­
Amount ations
dona­
tions
of busi­ i realiz­
tions
Profits.
re­
and ness trans­ ing
Sub­
port­
acted.
Paid in.
profits.
sub­
scribed.
ing.
sidies.

Industries.

2
1

$2,141
23

4

11, 584

4
3

$14, 359
1 , 680
2
1, 640
74, 807

$11, 637
4,343
319
72,182

$965
193
2, 702

$80, 012
105, 281
772
259,199

5
13
9

5, 211
37, 085
71,960
12, 641
118, 599
69, 770

2, 735
28, 410
54, 639
10, 586
99, 791
59, 244

579
1,023
483
483
2,123
1,254

24,198
468,839
133,137
41,501
517, 471
244, 687

4
4
9
4
9

3,184
5, 790
1,462, 736
22, 840
13, 414
23, 836

912
3, 098
1, 358, 518
22, 840
70, 470
16, 850

193
483
675
1,158
483

29,860
41,302
2, 004, 303
253, 404
260,409
160, 224

3

5
4
13
15
4

43,618
4,294

24, 477
2,045

347

88
6

17

1
1

2 , 620
2
497, 494

165

M ining.................... .............................
Eood products (baking)...................
Printing and lithographing.............
Wood engraving, photographing,
and paper goods..............................
Hides and leather................................
Textiles (weaving and printing). . .
Clothing and upholstering...............
Carpentry and joining......................
Other woodworking..........................
Brush, broom, basket, and pearlbutton making..................................
Locksmitliing.....................................
Metal goods...........................................
Diamond cutting................................
G lass......................................................
Paving and road construction........
Building trades (earth, stone, ce­
ment, tile, etc.).................................
Roofing and plumbing......................
Painting, plastering, and decorat­
ing ......................................................
Transportation and handling.........

2, 518, 578

2
6

6
1
2
18

4

2
1
2

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

11,763 |
406,234
2, 261, 093

8

11
,0 0

7, 486
20, 484
1, 388
74, 637
8,158

9
4

1,632
4,175
246, 927
8 707
,
8 097
,
6,429

177, 555
27,193

5
3

5, 961
1,179

579
579

120, 693
819, 763

13

6

14, 881
40, 276

15,170

5, 769, 803

10
0

465,175

2
2
8

1

The 165 associations from which returns were received had a total
membership of 9?029 persons. Most of these were actual or former
workingmen engaged in the industry represented by the enterprise.
The number of members employed by the associations ranged from 4,013
to 4,864. In addition to these, the associations employed from 4,274 to
6,735 persons who were not members of the cooperative associations
and are designated as auxiliaries. A comparison of the difference
between the maximum and minimum number of persons employed in
cooperative enterprises with the difference in other industrial establish­
ments in France shows a slightly greater irregularity of employment
in the former. This irregularity chiefly affects nonmembers employed
in such establishments, the stability of employment of actual members
of cooperative associations being considerably greater than that of the
average French workingman.
The aggregate wages paid by 165 workingmeifs cooperative produc­
tive associations in France during 1895 amounted to 12,156,600 francs
($2,346,241), of which 6,371,342 francs ($1,229,669) were paid to mem­
bers and 5,785,348 francs ($1,116,572) to auxiliaries.
The total subscribed capital of the 165 associations at the time of
the investigation amounted to 13,049,625 francs ($2,518,578), of which
11,715,507 francs ($2,261,093) was actually paid in. Government sub­
sidies and donations amounting to 78,600 francs ($15,170) were received
by the associations during the year 1895.




436

BULLETIN OF THE DEPARTMENT OF LABOR.

The aggregate business transacted by the 165 associations during
1895 amounted to 29,895,354 francs ($5,769,803), of which 4,573,326
francs ($882,652) was for work done for the State, the departments, or
municipalities. One hundred associations, having an aggregate paid-up
capital of about 10,450,000 francs ($2,016,850), realized a total profit of
2,410,234 francs ($465,175) during the year. Sixty-five associations,
representing an aggregate capital of about 1,165,000 francs ($224,845),
were conducted at a loss. The profits were devoted to the payment of
dividends and interest and to reserve and provident funds, and the
balance was distributed among members and auxiliaries.
Ninety-four associations, having a membership of 4,606 persons, were
members of the “ Chambre Consultative/7 a national federation of coop­
erative associations organized for the advancement of the cooperative
movement and for mutual encouragement.




DECISIONS OF COURTS AFFECTING LABOR.
[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 UNDEII STATUTORY LAW.
E m ployers’

L i a b i l i t y — C o n s t r u c t io n

of

St a t u t e ,

etc

.—

Mitchell v. Colorado Milling and Elevator Co., 55 Pacific Reporter, page
736.—Anna M. Mitchell brought suit against the above-named com­
pany for damages for the death of her son, one William M. Mitchell.
She alleged in her complaint that said William M. Mitchell was her
son; that at the time of the accident he was a few months over the age
of 22 years and unmarried, and that he supported her from his earn­
ings, she being dependent upon him for her support; that at the time
of the accident her son was employed by said company, through its
manager, Benjamin E. Hottel, in raising a smokestack; that he had
no knowledge or previous experience in such work, but relied upon the
knowledge, judgment, skill, and experience of said manager; that said
manager was in direct charge of said work and gave all the directions
in regard to it; that said manager, acting for the company, provided a
derrick for lifting the smokestack into position which had not been
constructed for that purpose nor to lift any greater weight than 2,500
pounds, while the smokestack weighed about 4,500 pounds; that said
manager caused the block and tackle used in lifting the smokestack to
be attached to an eyebolt in said derrick so that the whole weight of
the stack was placed upon one small bolt; that he also caused the
windlass to which the rope was attached for lifting the stack to be
placed directly under said stack so that while it was being lifted it was
directly over the heads of those working on the windlass, and that said
Mitchell was working on the windlass when the stack was being lifted,
and while so engaged the eyebolt holding the hoisting apparatus to
the stack broke and the stack fell, striking said Mitchell, from the
effect of which blow he died. The case was heard in the district court
of Larimer County, Colo., which court rendered a judgment sustaining
a demurrer filed by the defendant company to the plaintiff’s complaint.
Said demurrer was interposed on the ground that the complaint did not
state facts sufficient to constitute a cause of action. The plaintiff then
appealed the case to the court of appeals of the State, which rendered
10274—No. 22-----6
437



438

BULLETIN OF THE DEPARTMENT OF LABOR.

its decision December 12, 1898, and reversed tbe decision of tbe lower
court.
The opinion of the court of appeals was delivered by Judge Wilson,
and in the course of the same he used the following language:
The sole question at issue seems to be whether or not it was neces­
sary for plaintiff, in order to maintain this action, to have given to
defendant the notice required by section 2 of what is known as the
uEmployer’s Liability A ct /7 adopted in 1893. (Laws 1893, p. 129.)
This act of 1893 is confessedly based upon and copied from a similar
act passed in Massachusetts in 1887, and this, in turn, upon the
English employers7 liability act of 1880.
In 1872 it was enacted that when the death of any person was caused
by the wrongful act, misconduct, or omission of another, the personal
representatives of the decedent might maintain an action therefor
against the wrongdoer, if the decedent might have maintained an action
had he lived for the same act of misconduct, negligence, or omission
it being provided, however, that the damages should inure to the exclu­
sive benefit of certain relatives of the decedent. It was held that the
damages to be awarded under this statute were to be compensatory
exclusively, and the true rule for their ascertainment was said to be
the probable accumulations of the deceased during the remainder of
his life, having reference to his age, occupation, habits, bodily health,
and ability. In 1877 this act was repealed, and a substitute enacted in
its place, differing but slightly from the former act, however, except
that the recovery was limited to $5,000, and that the suit should be insti­
tuted and prosecuted by certain designated relatives of the deceased,
and not by his personal representatives for their benefit. With refer­
ence to this statute, the supreme court has uniformly held that the
relief intended to be given was compensatory in its nature, and that
the true measure of it was a sum equal to the net pecuniary benefit
which plaintiff* might reasonably have expected to receive from the
deceased in case his life had not been terminated by the wrongful act,
negligence, or default of the defendant.
In neither case was the defendant liable for the death as a substantive
cause o f action; in other words, it would seem that plaintiff* would not
be entitled to recover more than nominal damages at least, unless it
appeared in some manner that the plaintiff had some pecuniary interest
in the life of the deceased, and was or might become dependent upon
him for some financial assistance or support. In other words, the dam­
ages allowed to be recovered were those sustained by the living plain­
tiff. Under the statute, however, no right of action was given, and no
recovery could be had, under the law as declared by the courts, by an
employee for injuries to himself, nor by those having an interest in his
life for loss of support in case of his death, when the injury or death
resulted from the negligence of a coemployee, or from a cause held to
be an incident to the employment, the risk of which the employee had
assumed. This was also the case in Massachusetts, and to remedy
this, and give rights of action in such cases to some extent at least,
was the primary object, purpose, and intent, as declared by the Massa­
chusetts courts, of the act from which our act of 1893 was taken. It
was to create causes of action where, under the settled judicial con­
struction of the then existing law, there were none. As to whether or
not this was the legislative purpose and intent in the enactment of the
statute of 1893, it is not necessary for this court in this case to deter­
mine. Nor, if such was the purpose, are we now called upon to inquire



DECISIONS OF COURTS AFFECTING LABOR.

439

to what extent such purpose was effectuated. Nor is it incumbent on
us to decide the mooted question as to whether or not the acts of 1893
and 1877 are in pari materia, and should be so construed. The issue
here involved is not dependent upon, and can be determined without,
the consideration of any of these questions. The title of the latter act
is decisive of this case. It is “ An act concerning damages sustained
by agents, servants and employees.” It is a most significant change
from the title of the Massachusetts act, from which it was taken, which
was “ An act to extend and regulate the liability of employers to make
compensation for personal injuries suffered by employees in their serv­
ice.” Such a radical difference is most persuasive evidence that the
legislature of Colorado did not intend that the act should go to the
extent of the Massachusetts act, as settled by the courts of that State.
By no rules of construction, by no learning or ingenuity, can it be held
that such a title as that of the Colorado act could embrace within its
terms any provisions affecting the cause of action, right of action, the
amount of recovery or procedure in the case at bar, or in similar cases.
This action is not founded upon any damages sustained by either an
agent, servant, or employee, nor does it seek to recover any such. The
damages sought to be recovered were those solely sustained and suf­
fered by the plaintiff, who was neither an agent, servant, or employee
of the defendant. It is true that the damages accrued to her by rea­
son of the death of an employee, but they did not accrue to the employee,
nor were they sustained or suffered by him.
Again, and as conclusive of this case, compelling a reversal of the
judgment therein, section 21 of article 5 of the constitution of the State
provides that uNo bill except general appropriation bills shall be
passed containing more than one subject, which shall be clearly
expressed in its title 5 but if any subject shall be embraced in any act
which shall not be expressed in the title, such act shall be void only
as to so much thereof as shall not be so expressed.” It is clearly man­
ifest, therefore, that this act of 1893 is obnoxious to this provision of
the constitution in so far as it attempts to regulate, restrict, or in any
manner affect actions like those at bar, to recover damages by one
who was in no capacity in the employ of the defendant. This provision
of the constitution is held to be a mandatory declaration of a condition
essential to the validity of a legislative enactment, and that portion of
the statute not directly germane to the subject expressed in the title
must be declared to be without force. We must therefore hold that
no part of the act of 1893 applies to or in any manner affects the right
to recover or the recovery of damages sustained by any person other
than an agent, servant, or employee of the party against whom a recov­
ery is sought.
The complaint herein shows a complete cause of action, and a right
of recovery by plaintiff, under the statute of 1877, which is not con­
trolled or affected by the act of 1893. Tnis action is based upon her
interest in the life of deceased, her direct dependence upon him, as
his mother, for maintenance and support being alleged, and does not
seek to recover any damages sustained by the deceased employee.
Under the act of 1877, no notice was required to be given to the
employer before such suit could be maintained, and it was therefore
error to sustain a demurrer to the complaint on the ground of a failure
to allege such notice. The judgment is reversed, and the cause will
be remanded for further proceedings in conformity with the views here
expressed.




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BULLETIN OF THE DEPARTMENT OF LABOR.

E mployers ’ L ia bility — Construction of Statute , E tc.— Perigo
v. Indianapolis Brewing Go., 52 Northeastern Reporter, page 462.—
Action was brought by Smith W. Perigo against the above named
company to recover damages for injuries incurred by him while in its
employ. The case was heard in the superior court of Marion County,
Ind., and judgment was rendered for the defendant company. The
plaintiff then appealed the case to the appellate court of the State,
which rendered its opinion January 3, 1899, and sustained the action
of the lower court. The evidence showed that the plaintiff, a carpen­
ter, was injured by the falling of a scaffold, which he had helped to
build two days before, and which was being altered by two fellow
workmen, who were removing supports at the direction of a foreman,
and substituting others; that the two workmen were experienced car­
penters, and the manner of making the alterations was wholly within
their discretion; that they did not warn plaintiff that they were about
to remove the support, but he was working within five feet of them,
and must have known it.
Upon this state of facts Judge Robinson, who delivered the opinion
of the appellate court, said therein that the injury resulted from the
negligence of coemployees, and that the plaintiff himself was guilty of
contributory negligence. Upon the claim advanced that the plaintiff
was entitled to recover damages under the provisions of the employers’
liability act of the State he used the following language:
It is briefly argued by appellant’s counsel that the special verdict
entitles appellant to judgment under the coemployees’ liability act
(Burns’ Rev. St. 1894, sec. 7083 et seq.). But under that act the em­
ployee so injured must have been in the exercise of due care and dili­
gence. As we have concluded that the verdict fails to show the exer­
cise of such care there could be no recovery under that act, even if the
case at bar is of the class that would fall within the provisions of that
act, which question we need not and do not decide. Judgment
affirmed.

E mployers ’ Liability —F ellow -Servants —Construction of
E mployers ’ L iability A ct— Hodges v. Standard Wheel Go., 52 North­

eastern Reporter, page 391.—In an action brought for damages for per­
sonal injuries by John T. Hodges against the above-named company a
judgment for the defendant company was rendered in the circuit court
of Hancock County, Ind. The evidence showed that Hodges was
obliged, while acting in the line of his duty as an employee of said
company, to go between two piles of wagon wheel rims to get some
timbers that were standing on their ends; that said piles of rims were
in danger of falling, and that one Huey, a fellow-workman of Hodges,
who had been temporarily put in charge of the work by the foreman,
one Saulsbury, held the piles of rims to prevent them from falling
while Hodges went back and forth between them; that when Hodges




DECISIONS OF COURTS AFFECTING LABOR.

441

had removed all but two of the pieces of timber and was bending over
with his back toward one pile of rims Huey let go his hold on said
pile and some of the rims fell on Hodges’ back and injured him.
Hodges claimed his right to recover damages on the ground that the
cause of the injury was the negligence of Huey and that he was the
vice-principal of the company, both under the common law and under
the second subdivision of the first section of the employers7 liability
act, and that for the negligence of a vice-principal the employer is
liable. After the judgment was rendered in the lower court Hodges
appealed the case to the supreme court of the State, which rendered
its decision December 30, 1898, and affirmed the action of the lower
court.
Judge Jordan delivered the opinion of the supreme court, and in the
course of the same he used the following language:
Appellant, at the time of the accident, as the jury find, was acting
as a reasonably prudent man, but Huey was not so acting. No officer,
agent, or employee of the appellee, and no one except Huey, had any­
thing to do with the accident to appellant; and the jury further find
that the place where appellant was at work when the accident occurred
was not a dangerous one in which to do work, if Huey had continued
to hold the rims or slats as he was doing. The facts disclosed by the
answers to the interrogatories present a case materially different from
the one set forth in the complaint. Huey, to whom the negligence,
under the facts disclosed by the interrogatories, is imputed, is expressly
shown, by the facts, not to have had any such power which authorized
him to employ or discharge any of appellant’s employees. I f it can be
said that he occupied a position higher than that of a fellow-servant, it
was because the foreman, Saulsbury, would leave him in charge of the
work in which be and his associates were engaged when he (the fore­
man) was temporarily absent in other parts of the premises. Reduced
to a simple question, the facts show that Huey was the sole cause of the
accident by which appellant was injured,* or, in other words, the negli­
gence of appellee, if any, consisted alone in the act of Huey releasing
his hold upon the rims, under the circumstances, as he did, at the time
appellant was engaged in removing the pieces of pine lumber.
Huey, in lending the support which he did to the pile of rims in
question, at the time he and appellant were engaged in removing the
pine lumber, in no sense can be said to have been a representative of
the appellee, intrusted with the duty of seeing that the place where
appellant was working at the time of the accident was safe. He and
appellant were associated together as employees engaged in the same
common service, that of assorting and grading the strips or rims after
they were sawed, and he was nothing more or less than one of appellant’s
fellow-servants. Certainly, in the assistance which he lent to appel­
lant while the latter was removing the pine lumber, by supporting the
pile of wheel rims with which the lumber was connected, he was act­
ing solely as fellow-servant, and not as a representative of appellant’s
master. If it could be said, upon any view of the case, under the cir­
cumstances, that he was of a higher rank than appellant, still it must
be true that his act, to which appellant attributes his injuries, was that
of a fellow-servant; for it is true that even an agent or representative
of a high rank may, at the time an act is done, be a fellow-servant of
an employee who occupies a subordinate position. The facts returned



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BULLETIN OF THE DEPARTMENT OF LABOR.

by the jury clearly show that the act or omission of Huey, resulting in
the injury to appellant, did not involve a duty which the master owes
to his servant. The negligence, if any, is shown to have been that
solely of a fellow-servant, and the rule of the common law must control,
and precludes a recovery. Appellant, therefore, was not entitled to be
awarded a judgment upon the general verdict.
The facts revealed by the answers to the interrogatories, when stripped
of conclusions and assumptions, as they must be, clearly show, also,
that appellant is not entitled to recover, under subdivision 2 of section
1 of the employers7liability act of 1893 [approved March 4,1893. Page
294, acts of 18931 That part of section 1 of the act, necessary to the
.
consideration of the question as here involved, provides as follows:
“ That every railroad or other corporation, except municipal, operating
in this State, shall be liable in damages for personal injury suffered by
any employee while in its service, the employee so injured being in the
exercise of due care and diligence, in the following cases: * * *
Second. Where such injury resulted from the negligence of any person
in the service of such corporation, to whose order or direction the injured
employee at the time of the injury was bound to conform, and did con­
form.7 Counsel for appellee assail the validity of this act so far as it
7
relates to corporations other than railroads; but under its provisions,
as the facts disclose, appellant is not entitled to a recovery, and its con­
stitutional validity may therefore be dismissed without consideration.
The facts certainly show that Huey, in the position which he occupied
in the service of appellee, was not a person, contemplated by the stat­
ute, to whose orders appellant was bound to conform or yield obedience.
He was but a fellow-servant, engaged in the same common labor with
appellant, and in no manner was he the representative of the appellee
in giving the orders or directions to appellant which he did. It is shown
that he had no more authority to speak or give directions for his master
than had appellant. The statute in question certainly intends that,
where the injury results from tbe negligence of a person in the service of
a corporation, such person must be one who is, by it at least, expressly or
impliedly authorized to give the order or direction, and thereby require
the employee to obey. If he is not, then, in a legal sense, the employee
is not bound to conform to his order. Huey, as we have seen, is shown
by the facts not to have been invested with this power or authority by
appellee, and consequently was not the person whom the statute con­
templated as the one to whose orders appellant was bound to conform.
Judgment affirmed.

E mployers 7 Lia bility —Railroad Companies— Construction
Statute —Benson v. Chicago, St. Paul, Minneapolis and Omaha

of

Railway Co., 77 Northwestern Reporter, page 798.—This suit was brought
under chapter 220, acts of Wisconsin of 1893, the employers7 liability
act, to recover damages sustained by the plaintiff, Andrew Benson,
while in the employ of the above-named railroad company. The
plaintiff was injured while propelling a hand car over the defendant’s
road, and the defendant demurred to the plaintiff’s complaint in the
district court of Hennepin County, Minn., where the case was heard,
on the ground that hand cars were not included in the words uor other
cars,7 contained in the statute above referred to. The court sustained
7



DECISIONS OF COURTS AFFECTING LABOR.

443

this demurrer, and the plaintiff appealed the case to the supreme court
of the State. Said court rendered its decision January 5, 1899, and
reversed the decision of the lower court.
The opinion was delivered by Judge Mitchell, and the syllabus of the
same, which was prepared by the court, reads as follows:
Laws Wis. 1893, c. 220, provides that “ every railroad or railway com­
pany operating any railroad # # # within this State shall be liable
for damages sustained within the State, by an employee of such com­
pany without negligenceon his part * * * while such employee is
so engaged in operating, running, riding upon, or switching passenger
or freight or other trains, engines or cars and while engaged in the
performance of his duty as such employee, and which such injury shall
have been caused by the carelessness or negligence of any other
employee, officer or agent of such company.” Held, that the words
“ or other * * * cars” include hand cars.

E mployers ’ Liab ility —R ailroad Companies— Negligence of
F ello w -Servant —E nforcement of F oreign Statute — Chicago

and Eastern Illinois Railroad Co. v. Rouse, 52 Northeastern Reporter,
page 951.—Action was brought by R. A. Rouse, administrator of George
W. Brewer, deceased, against the above-named company to recover
damages for the death of his intestate, who was killed in a railway
collision while in the employ of said company. Judgment was rendered
in favor of the plaintiff, Rouse, and on an appeal to the appellate court
of the third district of Illinois said judgment was affirmed. The
defendant company then appealed to the supreme court of Illinois,
which rendered its decision February 17, 1899, and affirmed the judg­
ments of the lower courts.
The opinion of the supreme court was delivered by Judge Boggs,
and reads, in part, as follows:
George W. Brewer, deceased, appellee’s intestate, during his lifetime
and at the time of his death, was a resident of Vermilion County, in
this State. The appellant, a corporation organized under the laws of
this State, was engaged in operating its trains over its own lines and
leased lines of railway in the States of Illinois and Indiana. Said
intestate was employed as a fireman on one of appellant’s locomotive
engines, and, while engaged in the discharge of his duty in that
capacity on an engine drawing a passenger train along the line of
appellant’s road in the State of Indiana, was killed by a collision be­
tween the said engine and train upon which he was employed, and
another engine, drawing a freight train, controlled and operated by
other servants of the appellant company upon its said line of road in
the State of Indiana. This was an action on the case, commenced in
the circuit court of Vermilion County, 111., by the appellee, adminis­
trator of said Brewer, to recover damages for the benefit of those
entitled to receive distribution of the personal effects of the said
deceased.
The declaration, in some of the counts, charged that the collision
was occasioned by the negligence of the conductor of the freight train,



444

BULLETIN OF THE DEPARTMENT OF LABOR.

and, in other counts, that the trains collided because of the negligence
of the engineer of the freight train, and counted and predicated the
right of recovery upon an alleged liability created by the statute of
the State of Indiana in such cases, and set forth the statute of such
State, and such statute was produced in evidence.. Section 7083 of
the Indiana statute (Burns’ Kev. St. 1894, sec. 7083) provides that where
the death of an employee of any railroad company or other corpora­
tion is caused by the negligence of any person in the employ or service
of such corporation who has charge of any locomotive engine or train
of cars upon any railroad, or by the negligence of any fellow-servant
engaged in the same common service in any of the several departments
of such corporation, while the employee so killed is obeying or con­
forming to the orders of some superior having authority to direct at.
the time of such death, the railway company or other corporation oper­
ating such locomotive engine or train shall be liable to respond to the
personal representatives of such deceased in damages in a sum not
exceeding $ 10 ,000, to be distributed to the widow and children, if any,
or next of kin, of the deceased, in the same manner as personal prop­
erty of the deceased. A plea of not guilty was filed, and the cause'
was submitted to and heard by a jury, who returned a verdict in favor
of the appellee administrator in the sum of $5,000. The judgment was
affirmed by the judgment of the appellate court for the third district
on appeal, and the appellant company has prosecuted a further appeal
to this court.
The effect of the statute of Indiana is to abrogate the doctrine
which, it seems to be conceded, would otherwise be applicable to the
facts of this case—that the appellant company, as employer, is not to
be held liable for an injury, fatal or otherwise, to an employee which
was occasioned by the negligence of a fellow-servant of such employee.
The principal question arising is whether this statute will be applied
and the doctrine thereof enforced in an action instituted and maintained
in the courts of this State, or whether the law as it exists in this State
will govern and controJ. Actions not penal, but for pecuniary dam­
ages for torts or civil injuries to the person or property, are transitory,
and, if actionable where committed, in general may be maintained in
any jurisdiction in which the defendant can be legally served with
process. We think it well settled that, without regard to the rule
which may obtain as to a cause of action which accrued under the laws
of a separate and distinct nation, a right of action wffiich has accrued
under the statute of a sister State of the Union will be enforced by the
courts of another State of the Union, unless against good morals, nat­
ural justice, or the general interests of the citizens of the State in
which the action is brought.
It is argued by counsel for appellant that an action can not be main­
tained in this cause in our courts, for the reason, as alleged, that the
laws of the two States are materially variant, it being, as counsel insist,
against natural justice and the established public policy of this State
to hold an employer liable for injuries inflicted upon an employee by a
fellow-servant. This position finds support in the opinion rendered by
the supreme court of Wisconsin in Anderson v. Bailway Co., 37 Wis.
321, and also in expressions employed in opinions rendered in cases in
the courts of England. But such is not the prevailing doctrine in the
courts of this country.
The supreme court of the State of Indiana has declared the statute
in question to be constitutional and valid. [See Pittsburg, Cincinnati,
Chicago and St. Louis By. Co. v. Montgomery, 49 Northeastern Beporter,




DECISIONS OF COURTS AFFECTING LABOR.

445

page 582 and Department of Labor Bulletin No. 18, page 723.] The
right of action accrued and became complete in that State. In this
State the doctrine of respondeat superior does not apply to a case where
an employee is injured or killed by the neglect of a fellow-servant, but
the doctrine of respondeat superior is, in general, recognized in the
jurisprudence of this State, and we perceive no ground warranting us
to declare the enforcement of the doctrine as enlarged or extended by
the Indiana statute must be regarded as so repugnant to good morals
or natural justice, or so prejudicial to the best interests of our people,
that we should shut the doors of our courts against a suitor who seeks
to enforce a right of action which arose under the statute of the sister
State. The judgment of the appellate court is affirmed.

Employers ’ Liability —Railroad Companies—Relief A sso­
E mployee of Claim for D amages upon
A cceptance of B enefits —Johnson v. Charleston and Savannah Bailciations—Release by

ivay Co., 32 Southeastern Reporter, page 2.—This suit was brought by
Willis Johnson against the above-named railroad company to recover
damages for injuries incurred by him while in its employ. The case
was heard in the common ideas circuit court of Charleston County,
S. C., and a judgment was there rendered for the defendant company.
The plaintiff then appealed the case to the supreme court of the State
which rendered its decision January 16,1899, and affirmed the decision
of the lower court. Upon the questions at issue the supreme court was
evenly divided, and in such cases, under the constitution of the State,
the judgment appealed from stood affirmed.
Justice Pope delivered an opinion in which.he stated it to be his
opinion that the judgment of the lower court ought to have been
reversed, and from said opinion the following is taken:
This action for damages came on for trial before his honor Judge R.
C. Watts. The hearing was confined to an oral demurrer to the second
affirmative defense set up in the answer, which demurrer was overruled,
and from the order of Judge Watts overruling the same an appeal is
now presented to this court.
Justice Pope here sets out the pleadings in full, the essential points
of which are in substance as follows: In his “ complaint” the plaintiff*
alleged that at the time of the accident he was in the employ of the com­
pany as a fireman actively engaged at work on a train; that it became
his duty to stand on a platform on which wood was piled and from said
platform to load the tender with fuel; that after having supplied the
tender with wood, at a signal that the engine was about to move, he
endeavored to step onto the engine; that owing to the broken and
unsound condition of the platform it broke under his weight and forcibly
precipitated him upon the engine; that by reason of the said fall he was
seriously injured; that the condition of the platform was the result of
the carelessness and negligence of the railroad company, etc. In its
“ answer” to this complaint the defendant company denies most of its



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BULLETIN OF THE DEPARTMENT OF LABOR.

allegations and sets up by way of a second affirmative defense, the first
being of no importance here, that at the time of the accident the plain­
tiff was a member of the Plant System relief and hospital department',
that said department was an organization formed by the defendant and
other railroad companies for the purpose of establishing and managing
a fund for the payment of definite amounts to employees contributing
thereto, who are entitled thereto under the regulations, when they are
disabled by accident or sickness, and to their families in the event of
death 5 that the fund was formed from contributions from the employ­
ees and the Plant System, from income derived from investments, and
from appropriations from the Plant System when necessary to make up
a deficit; that prior to his accident the plaintiff had applied for member­
ship, and in said application agreed to be bound by all the regulations of
the relief and hospital department; that in said application he further
agreed that, in consideration of the contributions of the railroad com­
panies to the fund and of the guaranty by them of the payment of the
benefits, the acceptance of benefits from the said department for injury
or death should operate as a release of all claims against said companies
and each of them on account of said injury or death; that when the
plaintiff was injured he became entitled to the benefits coming out of
his membership in said department; that he immediately applied for
such benefits and received such as he was entitled to as a member of
said department; that in accordance with the regulations of said
department he also received free medical and surgical attendance from
the surgeons of the company and care and treatment in said company’s
hospitals free of charge; that the plaintiff duly receipted for the bene­
fits paid him, and in consideration of such payment to him he duly
released and forever discharged the defendant company and all com­
panies belonging to the Plant System from all claims for damages
arising from his injuries, and that said release, etc., was duly signed
and sealed and delivered by the plaintiff to the said relief and hospital
department.
To the above the plaintiff interposed his u demurrer” and moved that
the answer be dismissed, on the ground that it did not state facts suffi­
cient to constitute a defense as the contract alleged therein, to the
effect that in consideration of the benefits received from the relief and
hospital department the plaintiff should release the defendant from all
claims for damages by reason of accidental injury or death, was con­
trary to law and against public policy, and could not, therefore, be
pleaded as a defense. Justice Pope continues as follows:
This demurrer was overruled; and his honor said: “ There is no ques­
tion in my mind that a contract of that kind, whereby a railroad com­
pany attempts to relieve itself of any liability on account of negligence,
is contrary to public policy; and, where the party enters into the con­
tract beforehand, he would not be estopped from bringing his action
for damages against the railroad company. It seems, in this case, that
the plaintiff had entered into that agreement relieving the railroad com­
pany before he was injured. After he was injured, he was put to his



DECISIONS OF COURTS AFFECTING LABOR.

447

election as to whether he would sue the railroad company or go ahead
and carry out the contract and receive the benefits of that contract.
It seems to me that the decision in the case of Price v Railroad Co. [33
S. O. 556, 12 S. E. 413] would control this case, and I think the plain­
tiff is now estopped from bringing his action against the railroad com­
pany, having elected to receive the benefits under that contract, and
from suing the railroad company here for damages, and I overrule the
demurrer.7 Counsel to the plaintiff excepted to the ruling, and gave
7
notice of intention to appeal. Exceptions: “ (1) Because his honor erred
in holding that the said second affirmative defense set up in the answer
contained allegations of fact sufficient to constitute a defense. (2 )
Because his honor erred in not holding that a contract whereby a rail­
road corporation seeks immunity from damages caused by the negli­
gence of itself or its servants is null and void, under the constitution
of the State. (3) Because his honor erred in not holding that such a
contract is null and void, because it is against public policy. (4) Because
his honor erred in holding that such a contract may properly be pleaded
as a defense in an action brought by an employee against a railroad
company for damages caused by said company or its servants. (5) Be­
cause his honor erred in holding that, even if such a contract were
void, the receiving of money or other consideration thereunder, was
such an act as would bar recovery of damages.7
7
It is apparent from the text of Judge Watts7decision that he held that
the contract entered into by and between the plaintiff and the defend­
ant, as a member of the Plant System, was void, as against public
policy; and from this decision of Judge Watts there is no appeal, and
hence it is the law of this case. However, the circuit judge, as he
thought, under the decision of this court in the case of Price v. Rail­
road Co., 33 S. C. 556, 12 S. E. 413, held that the subsequent receipt of
Johnson to the defendant company would estop Johnson from bring­
ing this action. We do not think the case of Price v. Railroad Co. is
decisive of this case.
It seems to us that, when analyzed, the proposition of the defendant
railway company is, as to either or both of these matters: First, a
party can contract to relieve a railway company from the negligence of
such railway company; or, second, a party, not being able to contract
with a railroad company as against its negligence, yet, by the accept­
ance of a benefit under such contract, may be estopped thereby from
suing the railway company for its negligence. As to the first position,
we say unhesitatingly that our decisions uniformly hold that we can
not make a valid contract to free a railway company from negligence.
But, apart from our decisions, the new constitution of this State,
adopted in the year 1895, in article 9, sec. 15, provides: “ Every
employee of every railroad corporation shall have the same rights and
remedies for any injury suffered by him from the acts or omissions
of said corporation or its employees as are allowed by law to other
persons not employees, when the injury results from the negligence
of a superior agent or officer or of a person having a right to control
or direct the services of a party injured, and also when the injury
results from the negligence of a fellow-servant engaged in another
department of labor from that of the party injured, or of a fellowservant on another train of cars or even engaged about a different
piece of work. #
* A ny contract or agreement expressed or
implied, made by any employee to waive the benefit of this section, shall
be null and void; and this section shall not be construed to deprive any
employee of a corporation or his legal or personal representative, of any
remedy or right that he now has by the law of the land.7 (Italics ours.)
7



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BULLETIN OF THE DEPARTMENT OF LABOR.

One of the results of this provision of the constitution is that the
employees of a railway corporation are placed upon the same plane with
all other persons in any case of injury which results from negligence of
such railway company. This being so, no contract by which an employee
binds himself to forego an action by reason of negligence as against a
railway company is valid. It is not only against public policy, but it
is forbidden by the constitution. Now, as to the second point: It seems
to us that the language in the last part of section 15, art. 9, of our con­
stitution forbids any agreement by an employee to waive the benefits
of this section. But, if this were not so, still, as the original contract
to release the railway from the liability for its negligence was void, any
attempt by this employee to ratify such void contract is a nullity. It is
needless to prolong this discussion or to cite the numerous authorities
bearing on this matter. 28 Am. & Eng. Enc. Law, 478, puts the doc­
trine thus: “ A void act, as defined in the latter cases, and by approved
authorities, is one which is entirely null, not binding on either party,
and not susceptible of ratification” (Italics ours.) We will not under­
take to comment upon the plans of the Plant System as to the protec­
tive association. My opinion is that the judgment of this court should
be that the judgment of the circuit court be reversed; but, inasmuch
as the justices are evenly divided in opinion, under our constitution
the judgment of the circuit court stands affirmed.
Chief Justice Mclver delivered an opinion in favor of affirming the
judgment of the lower court, and the following is quoted therefrom:
The sole question presented for the decision of the circuit judge was
whether the demurrer to the second affirmative defense, based upon
the ground that the facts stated therein were not sufficient to constitute
a defense, should be sustained; and, he having held that the demurrer
could not be sustained, the question presented for the decision of this
court is whether such ruling was erroneous in one or more of the sev­
eral particulars pointed out by the exceptions. According to a strict
practice, the only question necessary for this court to consider is
whether the second and fifth exceptions can be sustained.
The second exception presents the question whether there is any pro­
vision in the present constitution declaring thatu a contract whereby a
railroad corporation seeks immunity from damages caused by the neg­
ligence of itself or its servants is null and void.” The only provision
which is relied upon is that contained in section 15 of article 9 of the
present constitution [set out in full in the opinion of Mr. Justice Pope,
ante]. It seems to me very obvious that the main purpose of this
provision of the constitution was to make material, and, as I think, wise
and proper, changes in the long established rule whereby an employer,
when sued for damages for injuries sustained by one of his employees,
could exempt himself from liability by showing that the injuries com­
plained of by the employee resulted from the negligence of one of his
fellow-servants, and to settle finally the doctrine (as to which there has
been some conflict of authority) that the fact that an employee (except
a conductor or engineer in charge of dangerous or unsafe cars or
engines voluntarily operated by him) knew that the machinery or
other appliance by which he was injured was defective or unsafe would
constitute no defense to an action for damages brought by such
employee, and finally to declare that any contract or agreement, either
expressed or implied, by which any employee undertakes to waive the
benefits o f this section, shall be null and void.
The affirmative defense here set up is not based upon any contract
or agreement to waive any of the benefits secured by the section of the



DECISIONS OF COURTS AFFECTING LABOR.

449

constitution above analyzed. The constitutional provision now under
consideration does not even purport to declare that a railroad corpora­
tion can not, by contract, exempt itself from liabilities for damages
sustained by reason of its own negligence or that of its servants or
agents, for the very obvious reason that such a declaration would have
been wholly unnecessary, as that was the law at the time of the adoption
of the constitution, well settled by authority, and fully sustained by
sound reason, and undisputed by anyone. The sole object of the con­
stitutional provision was to confer uj>on the employees of railroad
corporations certain benefits therein specifically stated, which they
either had not previously enjoyed, or their right to which was a matter
of question; and, to secure to such employees the full enjoyments of
such benefits, it was further provided that any contract to waive any
of such benefits “ shall be null and void.” I am therefore unable to
perceive that section 15 of article 9 of the present constitution has any
application to this case, and hence I think the second exception should
be overruled.
Proceeding, then, to the consideration of the fifth exception: This
exception, as it seems to me, is based upon the assumption that the
contract or arrangement set out in the second affirmative defense is
void because against public policy. Whether this assumption is well
founded is an important and interesting inquiry, of novel impression
in this State, at least.
If it be assumed that the circuit judge did consider the contract or
arrangements set out in the affirmative defense void as against public
policy, and gave as his reason for the judgment which he pronounced,
that, notwithstanding such contract was void, yet the plaintiff, by
accepting its benefits after the injury was sustained, had estopped
himself from bringing this action, 1 do not think this court would be
thereby precluded from considering and determining the two questions:
(1 ) Whether the contract or arrangements set up as a bar to the ac­
tion was in fact contrary to public policy, and therefore void; (2 ) if so,
whether the acceptance of the benefits of such contract or arrange­
ments after the injury was sustained estopped the plaintiff from bring­
ing this action.
In the outset I desire to say (what would seem to be needless, but
for the fact that it appears to have been thought necessary to expend
much time and labor upon the point) that I do not suppose anyone
doubts that a contract whereby a railroad corporation, or any other
common carrier, undertakes to secure immunity from liability for dam­
ages for injuries resulting from the negligence of the carrier, or any of
his servants or agents, is contrary to public policy, and therefore void.
But the question here is whether the contractor arrangement set up in
the affirmative defense is a contract for immunity from damages. I do
not think it can be so regarded, for, on the contrary, the very terms of
the contract necessarily assume that the defendant is liable, and the
whole scope and effect of the contract are to fix the measure of such
liability, and the manner in which such liability shall be satisfied.
The chief justice at this point describes the plan of the relief and
hospital department of the Plant System and the contract which plain­
tiff entered into when he joined it, as set out prior hereto in the opinion
of Justice Pope, and then continues as follows:
By entering into this contract evidenced by his becoming a member
of the relief and hospital department, the plaintiff did not waive or
release any right of action which he might thereafter have against the



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BULLETIN OF THE DEPARTMENT OF LABOR.

defendant company, but his contract was that if, after receiving any
injury at the hands of the company, he accepted any benefits which he
would be entitled to claim by virtue of his membership of such depart­
ment, such acceptance should operate as a release of any right of
action which he might otherwise have against the company. So that
by the terms of the arrangement the plaintiff, after he sustained the
injury, had his election either to accept the benefits which, as a mem­
ber of the relief and hospital department, he would be entitled to
claim, or to decline to receive such benefits. If he accepted, he was
then bound to release the company; but if he declined, he was not
bound to release the company, but retained his right of action, just as
if he had never become a member of the relief and hospital depart­
ment. It may be said that this seems to be a one sided arrangement,
as the plaintiff, if he declined to accept the benefits, would lose the
amount which he had contributed to the relief and hospital depart­
ment fund. But when it is considered that by the terms of the arrange­
ments the plaintiff would be entitled to the benefits of the fund, and to
medical or surgical services, and to care and treatment in the hospital,
free of any charges therefor, even if his disability arose from sickness
from natural causes, or from injuries for which the railroad company
could not be held responsible, this seeming one-sidedness disappears.
Furthermore, inasmuch as the plaintiff had the right of election, after
the injury was sustained, either to sue for damages, or to claim the
benefits of the relief and hospital department, he could, if the injury
was slight, accept the benefits of the relief and hospital department
as satisfactory compensation for the injury, but if the injury was
serious, calling for greater compensation than would be afforded by
the benefits which he might claim, he could exercise his right to sue
for damages; so that it seems to me that the arrangement, properly
understood, would be favorable, rather than detrimental, to the inter­
ests of the employee. But, however this may be, such an arrangement
certainly can not be regarded as a contract whereby the carrier under­
took to secure immunity from liability for injuries sustained by his
employee, resulting from his own negligence, or that of his servants or
agents.
But even if the contract in question could be regarded as contrary
to public policy, and therefore void, then, in the eye of the law, the
case stands as if no such contract had ever been executed. If the con­
tract was an absolute nullity, then it is as though no such contract
was ever made. If so, then the allegation distinctly made in the second
affirmative defense, that the plaintiff, after sustaining the injury com­
plained of, for valuable consideration under his hand and seal, released
the defendant company from all liability for such injury, was certainly
sufficient to constitute a defense to the action; and for that reason, if
no other, the demurrer was properly overruled.
It is contended, however, that the release relied on as a bar to the
action is but a part of the contract claimed to be void because con­
trary to public policy, and hence must fall with it. In the first place,
I do not think any part of the contract is contrary to public policy;
but conceding, for the sake of argument, that it is, in the second place
I do not think the act of giving the release entered into, or formed any
part of, the contract. The terms of the contract, as set out in the second
affirmative defense, are that the plaintiff “ agreed that, in consideration
of the contributions of the said companies comprising the Plant System
to the relief and hospital department, and of the guaranty by them of
the payment of the benefits aforesaid, the acceptance o f the benefits from




DECISIONS OF COURTS AFFECTING LABOR.

451

the said relief and hospital department fo r injury or death shall operate as
a release o f all claims against said companies, and each of them, for dam­
ages by reason of such injury or death 7 (italics mine]; and I am unable
7
to discover anything in the contract which contemplates or requires any
formal release, such as is alleged to have been executed by the plaintiff.
On the contrary, if, as we have seen, by the terms of the contract, the
acceptance were to “ operate as a release,7 there would and could be
7
no necessity for the execution of a formal release. Hence, when the
plaintiff did, as alleged, execute a formal release, he was not acting in
pursuance of the contract, or carrying out any of its terms, but it was
his own voluntary act, independent of the alleged void contract, which
must operate as a bar to the action.
It was claimed by counsel for appellant, in his argument, that under
the rules and regulations of the defendant company the plaintiff was
required, when he entered the service of such company, to become a
member of the said relief and hospital department; but, as that fact
does not appear in the “ case 7 as prepared for argument here, it can not,
7
under the well-settled rule, be considered. But I may say that, under
my view of the case, such fact, even if it did appear, would make no
difference. As I understand it, every person who enters the employ­
ment of another agrees, either expressly or impliedly, to conform to
the regulations of the employer for the control and management of his
employees; and, if he is not willing to conform to such regulations, he
is at perfect liberty to decline entering the service of such employer.
So, here, when the plaintiff entered the service of the defendant com­
pany he did so voluntarily, as he was under no compulsion to do so, and
might have entered the service of some other company which had no
such rules and regulations, or might have engaged in some other
employment, but, when he entered the service of the defendant com­
pany, he, like all other employees, signified his willingness to conform
to its regulations; and he, therefore, can not properly be said to have
been compelled to enter into the contract or arrangements in question.
It seems to me, therefore, that, under any view that may properly be
taken of this case, there was no error in the judgment overruling the
demurrer, and hence such judgment should be affirmed.

Mechanics 7 Liens — Construction of Statute —P riority of
Liens for L abor over Prior M ortgage Lien —Atlantic Dyna­

mite Co. et al. v. Ropes Cold and Silver Co., and Ishpeming National
Bank v. Johnson et al., 77 Northwestern Reporter, page 938.—In the
circuit court of Marquette County, Wis., in an action brought by the
dynamite company above named and others against the Popes Gold
and Silver Company, a decree was entered sequestering the property
of said gold and silver company to pay its debts and providing that
all parties having claims against it might file them and become parties
to the suit. Claims for labor were filed by Henry Johnson and others
and were allowed, and a claim of the Ishpeming National Bank, secured
by two mortgages upon the property of the gold and silver company,
was also filed and allowed. A further decree was issued to the effect
that the labor claims of Henry Johnson and others should have prefer­
ence over the mortgage claims of the bank, and from this decree the
bank appealed the case to the supreme court of the State, which ren­



452

BULLETIN OF THE DEPARTMENT OF LABOR.

dered its decision January 20, 1899, and affirmed the decree of the
lower court.
Judge Long delivered the opinion of the supreme court and used
the following language therein:
The only question presented is whether the labor claims have such pre­
cedence. Section 8408, How. Ann. St., provides: uEvery person who
shall furnish or perform any labor for any corporation organized for
the purpose of mining, smelting or manufacturing iron, copper, silver
or any other ores or minerals, in the upper peninsula of this State, and
every bona fide holder of any draft or order for the payment of money
due for any such labor, issued or drawn by an officer, clerk or agent of
any such corporation, shall have a lien for the amount due thereon or
therefor, upon all the real and personal property of such corporation,
lying and being in said upper peninsula, which said lien shall take
precedence of all other debts, judgments or decrees, liens or mort­
gages, against such corporation, except liens accruing to this State
for taxes, fines or penalties; and every such lien may be proceeded on,
enforced and collected out of such real and personal property, or either
of the same, in the same manner and under the same regulations, lim­
itations and conditions, as near as may be, as are herein provided for
the enforcement and collection of other liens on real or personal prop­
erty as the case may b e : provided, that in the enforcement of any lien
provided for in this section, it shall not be necessary to file, prove or
produce any written contract relative to the labor on which such lien
is based.” (Laws 1867, act No. 201.) Its language is plain and unam­
biguous. It provides that such liens (labor liens) shall have upre­
cedence of all other debts, judgments or decrees, liens or mortgages,
against such corporation, except liens accruing to this State for taxes,
fines and penalties.” There can be no question of the legislative
intent that labor liens should have precedence.
The statute was upon the statute books at the time the mortgages
were given, and entered into the contract between the mortgagors and
mortgagees. The mortgagees must be presumed to have known that,
when labor liens were filed, such liens would take precedence over the
mortgagees, and they are presumed to have contracted with this in
view. The decree of the court below must be affirmed.

Mechanics ’ Liens L aw — Construction of Statute —P riority
V endor ’s Lien — Cooley et al. v. Blade, 48 Southwestern Reporter,

of

page 1075.—Action was brought by John A. Black against J. A. Cooley
and others and was heard in the circuit court of Knox County, Ky. A
judgment was rendered in favor of the plaintiff, and the case was
appealed by the defendants to the court of appeals of the State, which
rendered its decision January 12, 1899, and sustained the judgment of
the lower court.
The facts in the case and the decision made are fully set out in the
opinion of the court of appeals which was delivered by Judge Paynter
and from which the following is taken:
This action arose under section 1, art. 1, c. 70, Gen. St., which reads
as follows: “ A person who performs labor, or furnishes materials in the



DECISIONS OF COURTS AFFECTING LABOR.

453

erection, altering, or repairing a house, building, or other structure, or
for any fixture or machinery therein, or for the excavation of cellars,
cisterns, vaults, wells, or for the improvement, in any manner, of real
estate by contract with or by the written consent of the owner, shall
have a lien thereon and upon the land upon which such improvements
may have been made, or on any interest such owner has in the same,
to secure the amount thereof, with costs.”
The facts may be stated as follows: In February, 1890, the appellee,
Black, sold to the Barbourville Land and Improvement Company, a
corporation, a tract of land containing over 70 acres, and by deed con­
veyed it to the corporation, in which a lien was reserved for the unpaid
purchase money. This deed was duly placed upon record. The improve­
ment company subdivided the land into streets and alleys and town
lots, and shortly thereafter (1890) contracted with the appellant Cooley
to erect the foundation and build the chimneys for an hotel on certain
lots embraced in the subdivision, and contracted with the Barbourville
Wood-Working Manufacturing Company to furnish material and per­
form labor necessary to complete the building. The appellants claim
that they have a superior lien upon the building which was erected
upon the lots to that of Black. It is conceded by the appellauts that
Black has a superior lien upon the lots upon which the building was
erected. The court below decided that the vendor’s lien was superior
to that of appellants on the entire property.
The question in this case is, did the legislature intend to give mechan­
ics and material men liens superior to that held by a vendor at the
time they furnished material or performed labor in the erection of a
building'? The general assembly could, as it did, say that the man
who performs labor or furnishes material in the erection of a building
has a lien upon it and upon the land upon which it stands. This lien,
however, can exist notwithstanding a vendor had a lien upon the real
estate at the time the improvement was made. The declaration that
the lien attaches in favor of the labor or material man does not indi­
cate that the improvements made on the land are not to assume the
nature of realty, and that the vendor’s lien was not to continue to
exist thereon in the same manner as it would have done before the
enactment of the mechanic’s lien law. Before we could hold that the
lawmaking power intended that the laborer or contractor was to have
a lien superior to that of a vendor, some language would have to be
used which clearly manifested that purpose. Phil. Mech. Liens, §237,
says: “ Does a prior mortgage on land, which is subsequently imi>roved
by buildings, extend its lien over the latter, to the exclusion of mechan­
ics who erected them ? In answer it has been said that the lien created
by the statute does not and can not interfere with the prior incum­
brance created by mortgage upon the land upon which the building is
erected. It is equally clear, upon the principles of the common law,
and independent of any statutory provision, that any building or
improvement erected upon land subsequent to the execution of the
mortgage, becomes a part of the land, and subject to the existing
incumbrance. And it may be safely affirmed that a mortgagee can not
be deprived of the benefit derived from subsequent improvement,
except by clear and express legislative provision. In case of doubt,
his acknowledged common-law right would prevail.” It is insisted
that because the act of 1834 contained a proviso that the act should
not be construed to affect or impair lines, etc., on the property, and as
this proviso was not carried into the law as found in the General Stat­
utes, therefore the legislature manifested an intention to make a
10274—No. 22----- 7



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BULLETIN OF THE DEPARTMENT OF LABOR.

mechanic’s lien superior to all liens existing at the time the mechanic’s
lien attached. If this reasoning be sound, then the mechanic’s lien
would be superior to the existing liens on the land as well as the build­
ing erected thereon. The general assembly did not know what con­
struction parties and the courts might place on the act of 1834; hence
gave a rule of interpretation. This court construed the act of 1834 in
Orr v. Batterton, 14 B. Mon. 82, and said: “ Now, there can be no
doubt that, independent of the law which gives a lien to the mechanic,
the property, in its improved condition, if the vendee had made any
improvements upon it, was subject to the vendor’s lien. It follows,
therefore, as an inevitable consequence, as this law does not affect or
injure the lien of the vendor, that it has to be first satisfied, and the
lien on the property given to the mechanic is entirely subordinate to
it.” The court recognized that the general assembly did not intend to
injure or impair liens existing at the time the labor was performed or
material furnished in the erection of a building, and, independent of
the purpose to do so, such liens would not injure such preexisting liens.
The general assembly, in view of that decision and through the exer­
cise o f its knowledge as to the rules of interpretation of statutes,
deemed it unnecessary to prescribe a rule for construing subsequent
acts giving liens to mechanics for labor performed and material
furnished, etc.
As the record of the county court showed appellee’s lien existed,
the appellants were charged with notice thereof. With that knowl­
edge, they chose to risk the expenditure necessary to perform their
contracts, and they can not now complain that the result is a hardship
upon them. The judgment is affirmed.
DECISIONS UNDER COMMON LAW .
A uthority of A gent — H iring Servant —Reasonable Length
E mployment —Drohan v. Merrill and Bing Lumber Co., 77 Worth-

of

western Reporter, page 957.—Action was brought in the municipal court
of Duluth, Minn., by James Drohan against the above-named company.
Yerdict was rendered for the plaintiff, and from an order of said court
denying a new trial the company appealed the case to the supreme
court of the State, which rendered its decision January 1 1 , 1899, and
affirmed the action of the lower court.
The opinion of the supreme court, delivered by Judge Canty, shows
the facts in the case, the decision, and the reasons therefor. It reads
as follows:
Plaintiff, in his complaint herein, alleges that he and the defendant
corporation entered into a contract whereby it employed him as “ black­
smith and handy man” in its lumber camp for three months from and
after December 15,1897, at the wages of $45 per month; that he entered
upon his duties, and, after he had discharged the same for fourteen
days, defendant discharged him without cause, and refused longer to
employ him; and that during the balance of the three months he earned
$32, and no more. He brought this action to recover the amount of the
balance o f the wages for the three months as damages for the breach of
the contract. On trial he had a verdict, and defendant appeals from
an order denying a new trial.
Plaintiff was employed through an employment agent, and appellant
contends that the agent did not have authority to employ plaintiff for



DECISIONS OF COURTS EFFECTING LABOR.

455

three months, or for any other definite length of time. W e can not so
hold. The testimony shows that appellant’s foreman said to the employ­
ment agent, “ Send me a blacksmith and handy man,” and that the
foreman authorized the agent to hire such a man at the wages of $45
per month, but that nothing was said between the foreman and agent
as to the length of time for which the man should be employed. The
testimony of the agent is to the same effect. We are of opinion that
this was sufficient authority to authorize the agent to make a contract
of employment for what, under all the circumstances, would be a reason­
able length of time; and we are not able to say, as a question of law,
that in this case three months was not a reasonable length of time.
What is a reasonable length of time will depend on the nature of the
business, the time of the year in which it is usually prosecuted, and
the length of time which it is likely to take to complete the work.
(Williams v. Getty, 31 Pa. St. 461.) “ Authority to employ will, in the
absence of restrictive words, include authority to make a complete con­
tract, definite as to amount of compensation, time of employment,” etc.
(1 . Am. & Eng. Enc. Law, 2 d Ed., 1034.) This is the only point raised
having any merit, and the order appealed from is affirmed.

B lacklisting — Conspiracy — F alse E ntry on B ecord as to
Cause of D ischarge —Hundley v. Louisville and Nashville Railroad

Co., 48 Southwestern Reporter) page 429.—Action was brought by John
Hundley against the above-named company to recover damages for
alleged wrongful acts of the defendant whereby he had been prevented
from obtaining employment. In the circuit court of Marion County,
Ky., where the suit was heard, a judgment was rendered for the
defendant company and the plaintiff appealed the case to the court of
appeals of the State, which rendered its decision December 13, 1898,
and affirmed the judgment of the lower court.
The facts in the case are shown in the opinion of the court of appeals,
which was delivered by Judge Paynter, and which reads in p a r t as
follows:
It is averred in the petition as amended that the plaintiff has no
trade or calling except railroading; that for the past five years he has
been in the employment of the defendant; that while engaged in the
discharge of his duty he was wrongfully, unlawfully, and maliciously
discharged by it; that it wrongfully, unlawfully, and maliciously black­
listed him; that he was blacklisted wrongfully, unlawfully, maliciously,
and falsely by its placing upon its records a pretended cause of dis­
charge, to wit, neglect of duty, with a view of injuring and preventing
him from entering its employment or that of other railroad companies;
that it had entered into a conspiracy and combination with other rail­
road companies by which its employees discharged for cause will not
be given employment by other railroad companies; that, on account of
its false and malicious acts and its conspiracy with other railroad com­
panies, he has been deprived of the right to again engage in the
employment of the defendant or other railroad companies; that the
wrongful acts mentioned were committed for the purpose of making,
and had made, it impossible for him to ever again get employment from
the defendant on any of its lines, or from other railroad companies in



456

BULLETIN OF THE DEPARTMENT OF LABOR.

the United States ; and that he has been damaged thereby in the sum
of $5,000.
Our attention has not been invited to, nor have we been able to find,
any reported case involving exactly the same question as is involved
in this case. It is a novel question in this court, although there are
reported cases of other courts the doctrine of which might be applied
to this case. As the population of the country increases, as the busi­
ness and commercial industries multiply, as inventive genius causes
the civilized peoples of the world to marvel at its discoveries and pro­
ductions, as space is annihilated by the means of rapid transit for man,
commerce, thought, and sound, thus facilitating the conduct of the
business, the pursuit of occupations and callings, and the promotion
of the social and political intercourse of the world, courts are called
upon to apply familiar principles to new questions ; if none seem to be
applicable, to enunciate a just rule, suited to the state of facts before
it and for future application to similar facts. It can never be said that
the novelty of a complaint is an objection to the action, if it is made to
appear that an injury has been inflicted of which the law is cognizable.
The familiar maxim of the law, “ Ubi jus, ibi remedium,” is considered
valuable by all courts. It was this maxim which caused the invention
of the form of action called an “ action on the case.7 It is the part of
7
every man’s civil rights to enter into any lawful business, and to assume
business relations with any person who is capable of making a contract.
It is likewise a part of such rights to refuse to enter into business rela­
tions, whether such refusal be the result of reason, or of whim, caprice,
prejudice, or malice. I f he is wrongfully deprived of these rights, he
is entitled to redress. Every person sui juris is entitled to pursue any
lawful trade, occupation, or calling. It is part of his civil rights to do
so. He is as much entitled to pursue his trade, occupation, or calling,
and be protected in it, as is the citizen in his life, liberty, and prop­
erty. Whoever wrongfully prevents him from doing so inflicts an
actionable injury. For every injury suffered by reason of a violent
or malicious act done to a man’s occupation, profession, or way of
getting a livelihood, an action lies. Such an act is an invasion of
legal rights. A man’s trade, occupation, or profession may be
injured to such an extent, by reason of a violent or malicious act,
as would prevent him from making a livelihood. One who has
followed a certain trade or calling for years may be almost unfitted
for any other business. To deprive him of his trade or calling is to
condemn, not only him, but perchance a wife and children, to penury
and want. Public interests, humanity, and individual rights, alike,
demand the redress of a wrong which is followed by such lamentable
consequences. A railroad company has the right to engage in its serv­
ice whomsoever it pleases, and, as part of its right to conduct its busi­
ness, is the right to discharge anyone from its service, unless to do so
would be in violation of contractual relations with the employee. It is
the duty of a railroad company to keep in its service persons who are
capable of discharging their important duties in a careful and skillful
manner. The public interest, as well as the vast property interests of
the company, require that none other should be employed by it. Its
duty in this regard and its right to discharge an employee does not
imply the right to be guilty of a violent or malicious act, which results
in the injury of the discharged employee’s calling. The company has
a right to keep a record of the causes for which it discharges an
employee, but in the exercise of this right the duty is imposed to make
a truthful statement of the cause of the discharge. If, by an arrange­



DECISIONS OF COURTS AFFECTING LABOR.

457

ment among the railroad companies of the country, a record is to be
kept by them of the causes of the discharge of their employees, and
when they are discharged for certain causes the others will not employ
them, it becomes important that the record kept should contain a true
statement of the cause of an employee’s discharge. A false entry on
the record may utterly destroy and prevent him from making a liveli­
hood at his chosen business. Such false entry must be regarded as
intended to injure the discharged employee; therefore a malicious act.
If it is the custom of the railroads of the country to keep such record,
and that employees discharged for certain causes are not to be employed
by them, then it enters into, and forms part of, every contract of employ­
ment that neither a false entry shall be made, nor one so made com­
municated, directly or indirectly, to any other railroad con^any.
Suppose it was the custom of the railroads, when an employee was dis­
charged without cause, to give him a card or statement to that effect,
and if he did not have such card or statement he could not get employnent with other railroad companies, then that custom would enter into
every contract of employment; and if a company wrongfully refused
to give it to the discharged employee, and in consequence of which
refusal he was injured, a cause of action would lie for the damages
sustained.
The plaintiff does not seek to recover because he was discharged in
violation of a contract which he had with the defendant. He does not
allege that he had a contract with it to perform services for it for a
given length of time. He seeks to recover damages for its alleged
wrongful act in making the false entry upon its record against him, to
prevent him from pursuing his calling by rendering it impossible for
him to get employment from other railroad companies.
The petition does not state a cause of action against the defendant.
The averments that he had been deprived of the “ right” to again
engage in the employment of other railroad companies, and that the
alleged wrongful act had made it impossible for him to ever again get
employment with other railroad companies, are mere conclusions of the
pleader from the facts alleged. It should have been averred that he
had sought, and been refused, employment by reason of the alleged
wrongful act. An agreement made with other railroad companies not
to employ defendant’s discharged employees does not injure the
plaintiff unless carried out. An averment that the defendant conspired
and combined with other railroad companies to do an act, if unlawful,
would not obviate the necessity of making the averment that he had
sought and been refused employment by reason of the alleged wrongful
act. Injury is the gist of the action. The liability is damages for
doing, not for conspiracy. The charge of conspiracy does not change
the nature of the act. In an action for damages, there must be some
overt act, consequent upon the agreement to do a wrong, to give the
plaintiff a standing in a court of law. For the reasons given the
judgment sustaining a demurrer to the petition is affirmed.

B oycotting , I ntimidation , E tc.— I njunction to P rohibit
Same —Beck et al. v. Railway Teamsters’ Protective Union et al., 77

Northwestern Reporter, page 13.—In the circuit court of Wayne County,
Mich., upon the comjilaint of Jacob Beck and others, an injunction was
issued against the Railway Teamsters’ Protective Union and others to



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BULLETIN OF THE DEPARTMENT OF LABOR.

restrain them from interfering with the complainants7business. The
decree of the court read as follows:
This cause having come to be heard upon the bill of complaint
herein, # * * it is ordered, adjudged, and decreed as follows: That
each and all of the said defendants in this cause be, and are hereby,
permanently enjoined, and each and all of said defendants are hereby
ordered from this day to absolutely desist and refrain from:
(1) In any manner interfering with the employees of the complain­
ants, Jacob Beck, George Beck, and Jacob F. Beck, co partners as
Jacob Beck & Sons, now in the employ of said Jacob Beck & Sons,
and from in any manner interfering with any person who may desire
to enter the employ of said Jacob Beck & Sons, by way of threats,
personal violence, intimidation, or other unlawful means calculated
or intended to prevent such persons from entering or continuing in the
employ of said Jacob Beck & Sons, or calculated or intended to induce
any such person or persons to leave the employ of said Jacob Beck &
Sons.
(2 ) From interfering, intimidating, boycotting, by violence, molest­
ing, or threatening, in any manner, the customers of said complainants,
Jacob Beck & Sons, or any other person or persons, for the purpose,
by means of such interference, intimidation, boycott, or threats, of
inducing such person or persons not to deal with or do business with
said Jacob Beck & Sons.
(3) From congregating or loitering about or in the neighborhood of
the premises of complainants, Jacob Beck & Sons, or at other places,
with intent to interfere with the employees of said complainants, Jacob
Beck < Sons, or with the prosecution of their work, and to interfere
&
with or intimidate the employees of said complainants with intent to
cause them to leave the employment of the complainants, or to inter­
fere with or obstruct in any manner the business or trade of said Jacob
Beck & Sons, and to prevent or induce the public, by means of boycott
circulars or threats of boycott, or by threats of injuring the business
of any person or persons, not to trade or deal with the said Jacob Beck
& Sons.
(4) From interfering with the free access of employees of Jacob Beck
& Sons to Jacob Beck & Sons7premises, and their place of work, and
the return of said employees to their places of business or their homes.
(5) From impeding, obstructing, or interfering with, by boycott, vio­
lence, threat, intimidation, or otherwise, the trade or customers of said
Jacob Beck & Sons, with the purpose or intention of inducing them
not to patronize the said complainants.
(6) From giving any directions or orders to committees, associations,
or otherwise for the performance of any such acts or threats herein­
before enjoined, and from in any manner whatever impeding, obstruct­
ing, or interfering with the regular operation and conduct of the busi­
ness o f complainants.
(7) It is further ordered, adjudged, and decreed that nothing herein­
before contained shall be construed as inhibiting the peaceful distribu­
tion of circulars such as is attached to the bill of complaint in this
cause, or circulars similar thereto, to customers of said Beck & Sons,
or to the public in the vicinity, but not in front of the mill or premises
o f said complainants, Jacob Beck & Sons, or inhibiting any peaceful
appeal to refrain from their business relations with said Beck & Sons.
(8) And it is further ordered, adjudged, and decreed that said
injunction shall not be construed as inhibiting said defendants from
threatening to boycott, except by violence, or from boycotting by



DECISIONS OF COURTS AFFECTING LABOR.

459

peaceful means, or from the distribution of said boycott circulars, such
as is attached to the bill of complaint in this cause, or circulars similar
thereto, to said customers or to the public, or from threatening to
injure, affect, or ruin the business of said customers of said Jacob Beck
& Sons, or others, by any effort to compel or induce said customers or
others to refrain from business relations with said Beck & Sons, which
effort shall not be accompanied with violence or threat of violence.
The boycotting circular used and distributed by the defendants and
mentioned in the above decree of the court read as follows:
Boycott Jacob Beck & Sons’ feed mills. To organized labor and their
friends: The above firm has broken faith with the representatives of
the Trades Council and the Bailway Teamsters’ Union, by annulling an
agreement entered into with the above organizations in July last, that
none but union men should be employed by that firm thereafter. They
have now discharged their union men, and hired nonunion men to take
their places. We therefore ask all people who believe in living wages
and fair treatment of employees to leave this firm and their product
severely alone. Boycott Beck & Sons. By order of Detroit Trades
Council.
The defendants accepted the decree of the court without appeal, but
the complainants, not being satisfied with the provisions of the seventh
and eighth paragraphs of the decree, which sanctioned the distribution
of the boycotting circulars, etc., appealed the case to the supreme court
of the State, which rendered its decision November 15,1898, and modi­
fied the decree of the lower court by enjoining u picketing,” the distri­
bution of the boycotting circulars, and all acts of intimidation or
coercion.
The opinion of the supreme court was delivered by Chief Justice
Grant and contains a sufficient statement of the facts in the case. So
much of the same as is necessary for an understanding of the decision
is quoted below:
The allegations of the bill are fully sustained by the evidence. When
complainants’ teamsters presented the contract to them in July they
informed complainants that it was not so much the wages, but it was
“ the scale they wanted them to sign.” The teamsters did not have the
contract with them, and again called in the evening with the defendant
Innis [the agent of the Trades Council]. The contract being a long
one, the complainants took time to consider it; and when Innis and the
teamsters called, a few days afterwards, complainants declined to sign it,
and informed Innis and the teamsters that they had made arrangements
with the Shedden Truck Company and others to do their trucking during
the summer. The Shedden Truck Company employed only union men.
Complainants also employed one Bichardson, who owned a team, and
was not a member of the union, to do some teaming. The union team­
sters immediately began obstructing Mr. Bichardson in his work, by
getting in his way, and howling at him; and, when Mr. George Beck
came up on his bicycle, some one in the crowd cried out: 6 Here is a
6
rope. Hang Beck with that. That is the fellow you want.” Some
sticks and bricks were also thrown. A policeman was called, and then
the union teamsters gave Mr. Bichardson the right of way. Meanwhile
crowds collected in a threatening manner around the mill to watch those
going to purchase and to endeavor to stop them. Two policemen were



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BULLETIN OF THE DEPARTMENT OF LABOR.

called in to preserve order. This state of affairs continued for about
a week, during which time customers were intimidated and frightened
away, and the Sliedden Truck Company forced to refuse to do trucking
for complainants. The boycotting circular was issued, and it was dis­
tributed to complainants’ customers and others by the representatives
of the union, in the streets and elsewhere. On August 7th the executive
committee from the Council of Trades and Labor Unions, accompanied
by Mr. Innis, visited complainants, and endeavored to persuade them to
sign the agreement. Union teamsters to the number of 10 or 15 were
then outside in the street, making considerable noise. Complainants
refused to sign the scale, and informed their visitors that they had
employed the Shedden Truck Company to do their trucking for the
summer, and that when they brought their teams back in the fall they
would notify the union. This pacified the union, though the result was
to throw the five teamsters then belonging to the union and employed
by the complainants out of employment. In October complainants
brought back their teams, and notified Innis of the fact, and that they
should employ their own teamsters, and would not sign the contract.
Then the Teamsters’ Union, defendant Innis, and others, evidently with
the approval of the Trades Council, began the systematic course of con­
duct complained of. Meanwhile complainants’ teamsters, without their
advice or knowledge, had withdrawn from the union. Members of the
union followed complainants’ teamsters along the streets, howling at
them, and using aggressive, abusive, and filthy language. They fol­
lowed them to their destination, and there threatened to boycott the
customers of Beck & Sons. They intercepted upon the street those
who were going to the mill with their teams. Defendant Innis boasted
that he had turned 15 customers away in one day. Violence was
threatened by Delegate Innis and others. Some of them even went
into the barn o f the complainants, and endeavored, by abusive and
threatening language, to drive the teamsters away from their work.
Their conduct and threats were in some instances accompanied by lan­
guage too filthy to print. These facts are unchallenged, the defendants
introducing no testimony to deny them or to impeach the character of
the witnesses. In this condition of affairs, complainants filed this bill
to enjoin these illegal acts, and to save their business from destruction,
and themselves from financial ruin.
The defendants have not appealed from the decree against them. No
attempt is made by their counsel to defend or justify their action, or to
deny the many acts of intimidation, threats, and almost violence, and
the learned circuit judge in his opinion said: “ I am satisfied these
things have been done, and that defendants have combined together
for this purpose. I do not intend to justify the publication.” Their
counsel frankly concede that “ it was unlawful for defendants to enter
upon the premises of the complainants, or to gather in groups in the
street m front of complainants’ premises, or to use any force or violence
for the accomplishment of their purpose.” In other words, they con­
cede that defendants were engaged in an “ unlawful conspiracy,” as
defined by Shaw, 0. J., in Com. v. Hunt, 4 Mete. (Mass.), I l l , 121, a
definition approved by the Supreme Court of the United States in
Callan v. Wilson, 127 U. S., 540,555; 8 Sup. Ct., 1301, 1306, viz: “ The
general rule of the common law is that it is a criminal and indictable
offense for two or more to confederate and combine together, by con­
certed means, to do that which is unlawful or criminal, to the injury of
the public, or portions or classes of the community, or even to the
rights of individuals.” The decree sanctioned the distribution of the



DECISIONS OF COURTS AFFECTING LABOR.

461

boycott circulars to customers and the public generally, except in front
of the mill premises, and any form of boycott, either to complainants
or to their customers, without the actual use of violence, and sanctioned
threats to injure, affect, and ruin complainants’ business, when unac­
companied by violence or threats of violence. From this part of the
decree complainants have appealed.
It is conceded that courts of equity have jurisdiction to restrain con­
spiracies of this character when irreparable injury is sure to follow.
Suits at law would be inadequate, and a multiplicity of suits at law
would arise. Complainants were engaged in a lawful business, and
carrying it on in a lawful manner. They had done nothing to the
defendants, or any of them, either illegal, immoral, or unjust. They
were paying wages to their teamsters in fact greater than the union team­
sters received, because they made no deductions for certain lost time
which the union employers made. The law protects them in the right to
employ whom they please, at prices they and their employees can agree
upon, and to discharge them at the expiration of their term of service
or for violation of their contracts. This right must be maintained,or per­
sonal liberty is a sham. So, also, the laborers have the right to fix a price
upon their labor, and to refuse to work unless that price is obtained.
Singly, or in combination, they have this right. They may organize in
order to improve their condition and secure better wages. They may
use persuasion to induce men to join their organization or to refuse to
work except for an established wage. They may present their cause to
the public in newspapers or circulars, in a peaceable way, and with no
attempt at coercion. If the effect in such case is ruin to the employer,
it is damnum absque injuria, for they have only exercised their legal
rights. The law does not permit either party to use force, violence,
threats of force or violence, intimidation, or coercion. The right to
trade and the personal liberty of the eiujfioyer alone are not involved
in this case; the right of the laborer to sell his labor when, to whom,
and for what price he chooses is involved.
The five teamsters of the complainants were satisfied with their wages
and their treatment. By the action of the defendants, they were thrown
out of employment during the summer, except as complainants employed
them, when they could, at other work about their mill. The union
would not permit Mr. Pfaff to use a horse and wagon which complain­
ants tendered him free of expense, in order that he might provide for
himself and family. A boycott of labor as well as of capital is there­
fore involved in this controversy. The acts and conduct of these
defendants are not those of freedom, but of tyranny.
Let us look at the correlative of what these defendants did. If
employees have the right to combine to fix their wage rate,—and this
is conceded,—employers have the like right to combine to fix a rate
they are willing to pay. The law is the same for both, and is alike
open for both. If the employers of Detroit had combined in secret
organization, establishing a rate, and agreed to boycott, in the manner
these defendants boycotted complainants, any employer and his laborers
who would pay more than the price the combination had agreed to, and
had carried the conspiracy out as was done here, would these defendants
consider that just and lawful conduct? Neither courts of equity nor
of law would turn such employer and employees away from its temple
of justice without a remedy.
It requires no argument to show that in this case, both in reason and
authority, actions at law would be utterly inadequate. The course pur­
sued by these defendants, if unchecked, would soon ruin the complain­



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BULLETIN OF THE DEPARTMENT OF LABOR.

ants’ business, and bring upon them financial ruin. The defendants
and their associates well knew this, and undoubtedly hoped to force
complainants to abdicate their legal rights, and to permit defendants
to dictate whom complainants should employ, the price they should pay,
and the reasons for discharging their employees. While some writers
have doubted the remedy by injunction, it is now settled beyond dispute.
When these defendants went, in numbers of from 5 to 25, along the
streets, and into the business houses of complainants’ customers, dis­
tributing these circulars, which contained false statements, as hereinafter
shown, and which commenced and closed with the words “ Boycott
Jacob Beck & Sons,” they intended, in emphatic manner, to convey to
the customers of complainants that they would be treated in like man­
ner unless they ceased to trade with complainants. The distance that
this was done from the mill of the complainants does not detract from
its character or harmfulness. It was just as effective and as wrong
when done 1,000 feet from the mill as when done 10 feet from it. The
act itself, not the distance, determines its character. The circular was
false in stating that the complainants had violated their agreement or
had discharged their union men. It was also false in conveying the
impression that complainants were not paying living wages or giving
their employees fair treatment. The use of this false circular was one
of the potent means to carry out the conspiracy. The defendants by
their conduct gave every laborer and customer of complainants their
definition of what they understood the term “ boycott” to mean. It
would be idle to argue that these circulars were not intended as a
menace, intimidation, and coercion. They were so used, and were “ a
standing menace” to every one who wished to work for, or trade with,
complainants. They constituted a part of the unlawful scheme, and
their circulation should have been enjoined.
To picket complainants’ premises in order to intercept their teamsters
or persons going there to trade is unlawful. It itself is an act of intimi­
dation, and an unwarrantable interference with the right of free trade.
The highways and public streets must be free to all for the purposes of
trade, commerce, and labor. The law protects the buyer, the seller, the
merchant, the manufacturer, and the laborer in the right to walk and
use the streets unmolested. It is no respecter of persons; and it makes
no difference, in effect, whether the picketing is done 10 or 1,000 feet
away.
It will not do to say that these pickets are thrown out for the purpose
of peaceable argument and persuasion. They are intended to intimi­
date and coerce. As applied to cases of this character, the lexicogra­
phers thus define the word “ picket” : “ A body of men belonging to a
trades union sent to watch and annoy men working in a shop not belong­
ing to the union, or against which a strike is in progress.” (Gent. Diet.;
Webst. Diet.) The word originally had no such meaning. This defi­
nition is the result of what has been done under it, and the common
application that has been made of it. This is the definition the defend­
ants put upon it in the present case. Possibly the decree is specific
enough to include picketing, but we deem it our duty to place it beyond
controversy.
The decree permits “ boycotting by peaceful means,” and the ruin of
complainants’ business by threats or any means short of violence. If,
as some authorities hold, the term “ boycott” has no authoritative mean­
ing, then the decree is indefinite, and the defendants have no guide
except that they must refrain from actual violence or threats of violence.
The authorities do not sustain this proposition. If these defendants



DECISIONS OF COURTS AFFECTING LABOR.

463

had threatened complainants’ teamsters that, unless they ceased to
work for them and joined the union, they had the power, and would
use it, to induce all merchants not to sell them any goods by which
they might support themselves and families, and had carried out this
threat by issuing boycotting circulars, and notifying merchants per­
sonally, by their committees, that they must cease to sell goods to these
men, there would have been no act or threat of violence. But would
the boycott or conspiracy have been lawful? May these powerful
organizations thus trample with impunity upon the right of every citi­
zen to buy and sell his goods or labor as he chooses? This is not a
question of competition, but rather an attempt to stifle competition.
It is a question of the right to exist. If there be no redress from such
wrongs, then the government is impotent indeed. But such a combina­
tion is a criminal conspiracy at the common law, and in some States, in
order to remove all doubt, is made so by statute.
The decree must be modified so as to enjoin picketing, the distribu­
tion of the boycotting circular, and all acts of intimidation and coercion.

Conspiracy— Combination in Restraint of Trade —D estruc ­
B usiness—D amages , E tc.—Doremus et al. v. Hennessy, 52

tion of

Northeastern Reporter, page 924.—Suit was brought by Mary G. Hen­
nessy against Abram E. Doremus and others, officers and promoters of
the Chicago Laundrymen’s Association, to recover damages for acts of
theirs which tended to break up her business of conducting a laundry.
Judgments were rendered in favor of the plaintiff in the lower courts
of Illinois when the case was heard, and from these judgments the
defendants appealed the case to the supreme court of the State, which
rendered its decision October 24,1898, and affirmed the judgments of
the lower courts. In addition to the report of this case contained in
the Reporter above noted, the Department has received a certified copy
of the opinion, etc., from the clerk of the supreme court of Illinois in
and for the northern grand division of the State. This copy contains a
short statement of the evidence in the case which does not appear in
the Reporter. It reads as follows:
The evidence shows that plaintiff* had a contract with one Miller, who
operated a laundry, and who agreed to do her work and give her two
weeks’ notice before he would quit doing it, and that through the inter­
ference of appellants he refused to do her work without gi ving the notice
agreed on. Subsequently she applied to other laundrymen, who agreed
to do her work as long as the laundry association did not interfere. She
made arrangements with other laundries, by written agreement, by
which her work was to be done. In one case the contract was for a year,
and according to the testimony in this record that contract was broken
by the party contracting with her almost as soon as made. One con­
tract with Joseph Apple, by which her laundry work was to be done for
one year, was violated. The officers of this association, as testified to
by the witness who entered into the contract with appellee, interfered,
and sought to injure the plaintiff* by having him keep back her work,
retaining it as long as possible, to her detriment, and also by having
him retain parts of the work. He testifies: “ They told me that they



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BULLETIN OF THE DEPARTMENT OF LABOR.

would give me $300, a horse and wagon, and enough work to keep me
going, provided I would keep back her work and retain it as long as I
possibly could, to the detriment of her patronage. That was at the first
meeting, and I agreed to that. I kept a bundle out. At the second
meeting they made threats to me if I didn’t accept that they would
ruin my business at any rate, as well as hers.” Another witness who
agreed to do her work as long as the laundry association would let him
alone was induced, by threats of destroying his business, to cease con­
nection in business with appellee. The evidence shows that appellants
were active in inducing these various breaches of contract, as well as
other contracts entered into between her and various parties engaged
in operating laundries.
The opinion of the supreme court was delivered by Judge Phillips,
and from it the following is taken:
Appellee instituted an action on the case, alleging that in 1890, and
several years prior thereto, she was conducting a laundry office in the
city of Chicago, where she received clothing from various customers,
to be laundered; that she did not own a laundry plant herself, but
employed other operating laundries, who, when the work was done,
returned the same to her for delivery to her customers; that she had
built up a good and profitable business; that appellants conspired to
injure her in her good name and credit, and to destroy her business,
because she would not increase the price charged by her to customers
in accordance with the scale of prices fixed by an organization known
as the Chicago Laundrymen’s Association, and to that end willfully and
unlawfully, by intimidation and unlawful inducements, caused parties
who were doing her work (five of whom were mentioned in the declara­
tion) to refuse to longer do the same, and by threats, intimidation, false
representations and unlawful inducements caused others who were
operating laundries (who were specifically designated in a bill of par­
ticulars) to refuse to take or do her work; that this was done for no
justifiable purpose, but to cause loss to the jdaintiffand injure and des­
troy her business; that various persons with wjiom she had engage­
ments to so do her work, in consequence of the acts of the appellants,
broke their contracts with her, and the business she had built up as a
laundry agent was destroyed and entirely broken up, and she thereby
sustained great loss and damage by reason of appellants so contriv­
ing, plotting and conspiring, by the means aforesaid, to break up and
destroy her said business.
Issues were joined, and upon a trial in the circuit court of Cook
County the defendants were found guilty, and the plaintiff’s damages
were assessed by a jury at $6,000. Motions for a new trial and in
arrest of judgment were overruled and judgment was entered on the
verdict, to which defendants excepted. On appeal to the appellate
court for the first district the judgment was affirmed, and this appeal
is prosecuted.
The contention of appellants is that they can not be held liable for
merely inducing others to break their contracts; that the parties who
broke their contracts were the only ones liable, they being free agents,
and not coerced or influenced by force or fraud; that their acts in induc­
ing parties to break their contracts with appellee were not mere mali­
cious acts, done solely with the intent to injure her, but were in the line
of legitimate trade competition, for which they can not be held liable;
nor can they be held liable, they claim, for acts which are charged to
have been done in pursuance of a conspiracy, as it is insisted that a



DECISIONS OF COURTS AFFECTING LABOR.

465

conspiracy does not create a liability in a civil action, as the damage
illegally done, and not the conspiracy, must be the gist of the action.
The common law seeks to protect every person against the wrongful
acts of others, whether committed alone or by combination, and an action
may be had for injuries done which cause another loss in the enjoyment
of any right or privilege or property. No persons, individually or by
combination, have the right to directly or indirectly interfere with or
disturb another in his lawful business or occupation, or to threaten to
do so for the sake of compelling him to do some act, which, in his judg­
ment, his own interest does not require. Losses willfully caused by
another from motives of malice, to one who seeks to exercise and enjoy
the fruits and advantages of his own enterprise, industry, skill and
credit, will sustain an action. It is clear that it is unlawful and action­
able for one man, from unlawful motives, to interfere with another’s
trade by fraud or misrepresentation, or by molesting his customers or
those who would be customers, or by preventing others from working
for him or causing them to leave his employ by fraud or misrepresenta­
tion or physical or moral intimidation or persuasion, with an intent to
inflict an injury which causes loss. A conspiracy may, when accompa­
nied by an overt act, create a liability, by reason of the fact that one or
more conspirators may do an unlawful act which causes damage to
another, by which all those engaged in the conspiracy for the accom­
plishment o f the purpose for which the injury was done, and which was
done in pursuance of the conspiracy, would be alike liable, whether
actively engaged in causing the loss or not. For acts illegally done in
pursuance of such conspiracy, and consequent loss, a liability may exist
against all of the conspirators. Appellants, and those persons who
refused to do appellee’s work, had each a separate and independent right
to unite with the organization known as the Chicago Laundrymen’s
Association, but they had no right, separately or in the aggregate, with
others, to insist that the appellee should do so, or to insist that appellee
should make her scale of prices the same as that fixed by the associa­
tion, and make her refusal to do this a pretext for destroying and break­
ing up her business. A combination by them to induce others not to
deal with appellee or enter into contracts with her or do any further
work for her was an actionable wrong.
Every man has a right, under the law, as between himself and others,
to full freedom in disposing of his own labor or capital according to his
own will, and any one who invades that right without lawful cause or
justification commits a legal wrong, and, if followed by an injury caused
in consequence thereof, the one whose right is thus invaded has a legal
ground of action for such wrong. Damage inflicted by fraud or mis­
representation, or by the use of intimidation, obstruction or molesta­
tion, with malicious motives, is without excuse, and actionable. Com­
petition in trade, business or occupation, though resulting in loss, will
not be restricted or discouraged, whether concerning property or per­
sonal service. Lawful competition that may injure the business of
another, even though successfully directed to driving that other out of
business, is not actionable. Nor would competition of one set of men
against another set, carried on for the purpose of gain, even to the
extent of intending to drive from business that other set and actually
accomplishing that result, be actionable unless there was actual malice.
Malice, as here used, does not merely mean an intent to harm, but
means an intent to do a wrongful harm and injury. An intent to do a
wrongful harm and injury is unlawful, and if a wrongful act is done to
the detriment of the rights of another it is malicious, and an act mali­



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BULLETIN OF THE DEPARTMENT OF LABOR.

ciously done, with the intent and purpose of injuring another, is not
lawful competition. In this case it is clear the evidence sustained the
allegations of the plaintiffs declaration, and there is here no contention
on the facts. The principals herein announced are sustained by the
weight of authority in England and in this country.
In Steamship Co. v. McGregor, 15 Q. B. Div. 476, Lord Coleridge
said:
“ It seems that a large number of important and rich ship owners
joined together and have issued two circulars or documents to the
different traders and their agents with whom they had been in the tea
and other trades in China, to the effect that if the persons whom that
circular reached and was meant to affect should deal with the plaintiffs
or plaintiffs7 ship, they, the defendants, would deny them all the bene­
fits, or at least a very large and substantial benefit, which had accrued
to them in their dealing with the defendants; that if the persons to
whom they addressed the circulars would deal exclusively with them
they should have certain advantages at their hands. # * * It is
conceivable that if such a conspiracy—because conspiracy undoubtedly
it is— were proved in point of fact, were made out to be, not the mere
honest support of a defendant’s trade, but the destruction of the plain­
tiff’s trade and their consequent wrong as merchants, it would be an
offense for which an indictment for conspiracy, and if an indictment
then an action for conspiracy, would lie; # * # that the conspiracy
to do the thing which has been called by the name o f i boycotting’ is
unlawful and an indictable offense, and if so, then a thing for which
an action will lie. An action may well lie for that which is complained
of here.”
It is urged by appellants that they can not be held liable for inducing
certain persons named in the declaration to terminate their contractual
relations with appellee, because their acts could not produce the injuries
complained of without an independent force which was the act of the
parties themselves, and these appellants, it is urged, can not be held
liable for an intervening cause of damage sufficient to cause the injury;
and that the refusal of different persons to work for the appellee was
sufficient of itself, to occasion injury, for which the appellants can not
be held responsible. The first branch of this proposition has been dis­
posed of by what we have heretofore said, and the authorities above
cited. In Lumley v. Gye, 2 E. B. 216, it was said:
“ He who maliciously procures a damage to another by a violation of
his right ought to be made to indemnify.”
In Bowen v. Hall, L. R. 6 Q. B. Div. 333, it was said:
“ Merely to persuade the person to break his contract may not be
wrongful in law or in fact, but if the persuasion be used for the direct
purpose of injuring the plaintiff * * * it is actionable, if injury
ensues from it.”
The judgment of the appellate court for the first district affirming
the judgment of the circuit court of Cook County is affirmed.
A petition for a rehearing was filed by the defendants, which was
denied by the supreme court December 20,1898. The opinion denying
the rehearing was also delivered by Judge Phillips, and a copy of the
same furnished by the clerk of the court, but not appearing in the
report of the case contained in the reporter, reads as follows:
Appellants present their petition for a rehearing of this case, and
have brought to the attention of the court the case of Allen v. Flood,



DECISIONS OF COURTS AFFECTING LABOR.

467

decided by the House of Lords in Great Britain, which was not access­
ible at the time the opinion in this case was written. Since the peti­
tion for rehearing was presented, counsel have procured a full report
of that case and brought the same to the attention of the court. From
that case it appears that boiler makers in common employment with
the respondents, Flood and another, who were shipwrights working on
wood, objected to working with the latter on the ground that in a pre­
vious employment they had been engaged on iron work. The appel­
lant, an official of the boiler makers7 union, in response to a telegram
from one of the boiler makers, came to the yard and dissuaded the
men from immediately leaving their work, as they threatened to do,
intimating that if they did so, he would do his best to have them
deprived of the benefits of the union and also fined; that they must
wait until the matter was settled. The appellant, Allen, then saw the
managing director, to whom he said that if the respondents, who were
engaged from day to day, were not dismissed, the boiler makers would
leave their work or be called out. Respondents were thereupon dis­
missed. The men so discharged instituted their action against the
official of the boiler makers’ union, and obtained judgment, which was
affirmed by the court of appeal, and on appeal to the House of Lords
the assistance of the judges was requested, and the question submitted
to the judges was: “ Assuming the evidence to be given by the plain­
tiff’s witnesses to be correct, was there any evidence of a cause of
action fit to be left to the jury ?” Six of the eight judges answered in
the affirmative and two in the negative. It appears there was no con­
tract, as the men were engaged by the day, and were liable to be dis­
charged at the close of any day without a breach of contract; that the
only question presented by that case was: “ Did Allen maliciously
induce the company to discharge the plaintiffs, and did he maliciously
induce the company not to engage them?” and it was held if the
defendant’s action was in itself lawful it was not made unlawful by
the motive. It is a very different thing to do a lawful act with a proper
motive, and to do an illegal act with a malicious motive. The facts in
the case of Allen v. Flood are entirely different from the facts pre­
sented in this record. There was no contract in that case, the breach
of which was induced by the defendant. Here, existing contracts,
which were a property right in the plaintiff (the appellee) were broken;
and this was brought about by the action of the defendants in inducing
those contracting with her to violate their contracts. This caused a
right to be taken away, in consequence of which she was injured and
damaged.
After a careful consideration of the case of Allen v. Flood, and with
a full recognition of the importance of the principles involved in the
questions presented by this record, we are constrained to adhere to
what has been said in our opinion heretofore, and must deny the peti­
tion for rehearing.
Rehearing denied.

E mployers ’ L iability —A ssumption of R isk b y E mployee —

Norfolk Beet Sugar Co. v. Eight, 76 Northwestern Reporter, page 566.—
This case, a claim for damages for personal injuries received by Thomas
0. Hight while in the employ of the above-named company, was heard
in the district court of Madison County, Nebr., and a judgment was ren­



468

BULLETIN OF THE DEPARTMENT OF LABOR.

dered in favor of the plaintiff, Hight. The defendant company brought
the case before the supreme court of the State upon a writ of error,
and said court rendered its decision October 5,1898, and reversed the
decision of the lower court upon the ground that an erroneous instruc­
tion had been given the jury by the trial justice.
In the course of the opinion, which was delivered by Chief Justice
Harrison, the supreme court laid down the doctrine of the common law
upon the assumption of risk by an employee, and upon this point the
following is quoted from the syllabus of the opinion, said syllabus hav­
ing been prepared by the court:
An employee assumes all the ordinary risks and hazards incident to
the employment of which he is possessed of sufficient intelligence and
capacity to know and understand, and an adult person is presumed to
be o f sufficient mental power to comprehend such risks; but if a per­
son is employed for a work which is dangerous, or to labor in a danger­
ous place or situation, and, by reason of youth, inexperience, ignorance,
or want of mental capacity, he may fail or fails to comprehend the
danger, it is the duty of the employer to warn the employee of the
hazards and instruct him of the work.

E mployers ’ L iability — Fellow - Servants — Contributory
Negligence of E mployee , E tc .—Hughes et al. v. Oregon Improve­

ment Co., 55 Pacific Reporter, page 119.—This suit was brought by Mary
Hughes and others against the above-named company to recover dam­
ages for the death of her intestate, one Evan Hughes, caused, as alleged,
by the negligence of said company, said Hughes being at the time of his
death an employee thereof. The case was heard in the superior court
of King County, Wash., and a judgment was rendered for the plaintiffs.
The defendant company appealed the case to the supreme court of the
State, which rendered its decision December 5,1898, and reversed the
judgment of the lower court. The evidence showed that Hughes was
a coal miner, working, at the time of the accident, in a cross cut in a
mine operated by the above-named company; that a fire was discovered
in the mine; that the miners, Hughes included, were notified to leave
the mine; that they could have gotten to a place of safety inside of ten
minutes after said notification; that Hughes and some others did not
go, as requested; that almost half an hour after said notification of the
miners the ventilating fan was stopped by McDonald, the operator of
the same, under the direction of Ramsey, the superintendent, or that of
the assistant superintendent, or of Smalley, the outside boss; that the
door of the rock tunnel on the sixth level was opened by one of the gas
testers, at the request of the miners themselves, and that as a result of
the stopping of the fan and the opening of the said door Hughes and
other miners were suffocated and killed by the smoke.




DECISIONS OF COURTS AFFECTING LABOR.

469

The opinion of the supreme court was delivered by Judge Anders,
who, in the course of the same, in giving the reasons for the decision of
the court, used the following language:
This court held in the case of Pugh v. Improvement Go., 14 Wash.,
331; 44 Pac., 547, 689, and which grew out of the same calamity which
is the foundation of this action, that Pugh, by remaining in the mine
when he was required and had opportunity to leave the mine, was
guilty of such gross contributory negligence as prevented a recovery
against the company. The facts in this case are substantially the same
as those in the case of Pugh. It is shown by undisputed evidence that
nearly half an hour elapsed between the time the men were notified of
the fire and to leave the mine, and the shutting down of the fan, and
that all of the miners could have gone to the south of the rock tunnel
door, a place of absolute safety, or even out of the mine, in less than
half of that time. It was also held by this court in the Pugh case that
the rock tunnel door was opened by a fellow-servant of the deceased,
and that if the fan was closed down, as claimed by appellant, by Mc­
Donald, who was operating it under the direction of the assistant
superintendent, and Smalley, who was outside boss, such closing down
was by fellow-servants with the deceased, and that for their negligence
the company was not responsible. We are not disposed to recede from
the rulings made in that case, for we think they are abundantly sup­
ported by the very highest authorities. This mine, the evidence
shows, was under the sole supervision and control of Ramsey. Neither
those in charge of the fan, nor the gas testers, the pit boss, nor top
boss, were clothed with any authority to employ or discharge men, or
to take the supervision and charge of any department of the business.
It was the duty of the gas testers simply to examine and ascertain
whether there were any noxious gases in the places where the miners
were required to work, and to warn the miners not to enter those places
in case they found gases to exist there. The pit boss simply directed the
miners where to work, and saw that they complied with his directions.
The outside boss, or top boss, as he is called in the testimony of the
witnesses, simply took charge of the coal alter it was taken from the
mine, and of the lowering of timber and material for the workmen
underground. All these individuals were therefore engaged in serving
the same master in the same general business, for the purpose of
accomplishing one general object, and were therefore fellow-servants
with each other.
Rut, while we are convinced that the deceased was guilty of such
contributory negligence as to preclude a right of action against the
appellant, we are also of the opinion that there was no proof of negli­
gence on the part of appellant. It was appellant’s duty to exercise
ordinary care in selecting its servants and employees, and in providing
them a safe place to work in, and proper material and appliances with
which to work; and we are of the opinion that it fully discharged its
duties in those respects. Even if it be true that the fan was closed
down by order of the superintendent, as claimed by respondents
(though the great weight of the evidence is to the contrary), and that
the shutting down of the fan was one of the causes of the injury com­
plained of, still we think that, under the circumstances of the case,
such closing down of the fan was not negligence. The evidence dis­
closes that, at the time the fire was discovered by the men upon the
outside of the mine, they were suddenly placed in a situation demand­
ing immediate action, and that in the excitement and confusion occa10274—No. 22---- 8



470

BULLETIN OF THE DEPARTMENT OF LABOR.

sioned by the discovery of the fire and the peril of the men below, and
not knowing the precise location of the fire, they decided to do, and
did do, what seemed to them best at the time. If what was done was
not the best thing that coaid have been done, it, nevertheless, can not
be deemed an act of negligence, but must be considered a mere error
of judgment, for which the company can not be held responsible. In
the last case cited [Brown v. French, 104 Pa. St., 604], the court says:
“ No one can be charged with carelessness when he does that which
his judgment approves, or when he omits to do that of which he has
no time to judge. Such act or omission, if faulty, may be called a mis­
take, but not carelessness.”
But it is claimed by the respondents that it was negligence on the part
of appellant to permit the fire to break out in the mine. W e think,
however, that they are mistaken in that regard. All that the proofs
show is that the fire was discovered in a place where it could have been
least expected, and which was carefully inspected the evening before.
The origin of the fire is unknown, but the testimony of all the witnesses
who testified upon the point, if true, shows that it was not the result
of spontaneous combustion, or of any act imputable to the appellant.
The mere fact that the fire occurred is not, in itself, proof of negligence.
Nor do we think that the fact that the fan was shut down by appel­
lant’s servants showed that appellant was negligent either in select­
ing or retaining such servants. It does not appear that the parties
in charge of the fan had ever failed to discharge any of their duties in
connection therewith, or that the fan had not been at all times properly
operated, or that the mine was at any time insufficiently ventilated.
For the foregoing reasons, the judgment is reversed, and the cause
remanded to the court below, with directions to enter judgment for
appellant.
E mployers ’ Lia b ility —N egligence of E mployer — D efect ­
A ppliances —Anderson v. Hayes, 77 Northwestern Reporter, page

ive

903.—Suit was brought in the superior court of Douglas County, Wis.,
by James Anderson against Frank Hayes to recover damages for inju­
ries incurred by him while in the employ of said Hayes. The plaintiff,
Anderson, alleged in his complaint that he was injured through the
fall of an elevator in the iron works operated by Hayes, on which he
was riding in the course of his employment and while in the exercise
of due care; that the elevator fell, and that said fall was caused by the
fact that Hayes had negligently and carelessly fastened a defective
cable to it and had knowingly permitted it to remain in its defective
condition, and that he, Anderson, did not know of the defect and had
no means of ascertaining it. To this complaint the defendant, Hayes,
filed his demurrer, alleging that the complaint did not allege a cause of
action. The court overruled the demurrer and the defendant then
appealed the case to the supreme court of the State, which rendered
its decision January 10, 1899, and affirmed the action of the superior
court.
In the course of the opinion of the supreme court, which was delivered
by Chief Justice Cassoday, the following language was used:
After careful consideration we are all constrained to hold that the
complaint states a cause of action. It appears that the elevator was a



DECISIONS OF COURTS AFFECTING LABOR.

471

part of the equipment of the works operated by the defendant, and
furnished by him for the use of his employees, including the plaintiff*,
going from one floor to the other of the building; that the defendant
negligently and carelessly clamped and fastened the cable to the ele­
vator, and knowingly allowed and permitted the same to remain in such
defective condition, up to the time of the injury; that such defect was
unknown to the plaintiff, who had no means of knowing of such defect
prior to the injury; that it became the plain tiffs duty, and was neces­
sary, in the course of his employment, to ride on the elevator from the
lower to the second floor; that while doing so, in the exercise of due
and ordinary care, the elevator, by reason of such negligent clamping,
became unfastened from the cable, and fell and injured the plaintiff*.
There is nothing to indicate that the plaintiff was operating the eleva­
tor, nor that in riding upon the elevator he was out of the line of his
employment. The plaintiff can not be held to have assumed the risk
of a defect of which it is alleged that he had no knowledge nor means
of knowledge.
The brief of the defendant discusses 16 different propositions, to each
of which numerous adjudications are cited, and some of them assume
one or more facts which are not alleged, and some of which are in direct
conflict, or at least inconsistent, with facts which are alleged. The only
question is whether the complaint states a cause of action for negligence
in operating a defective elevator, and whether the plaintiff* assumed
the risk, or was guilty of contributory negligence. Every phase of each
of these questions has been discussed by this court so many times, and
in such a variety of cases, as not to require a renewal of the discussion
here. The order of the superior court for Douglas County is affirmed.

E mployers ’ L ia bility —Railroad Companies—F ello w -Ser v ­
E mployer — Wright v. Southern Railway Co.,

ants—Negligence of

31 Southeastern Reporter, page 652.—This case was heard in the supreme
court of North Carolina, before which it had been brought on appeal
from the superior court of Rowan County, where a judgment had been
rendered for the defendant in a suit brought by R. L. Wright, as admin­
istrator of Wilson Williams, deceased, as plaintiff, against the abovenamed railway company, to recover damages for the death of the plain­
tiff’s intestate, an employee of the company. The supreme court ren­
dered its decision November 28, 1898, and reversed the judgment of
the lower court.
The opinion of the supreme court, delivered by Judge Clark, reads,
practically in full, as follows:
The death of the plaintiff’s intestate occurred prior to the act of 1897
(inadvertently printed among the Private Laws of that year, chapter
56), which provides that in actions against railroad companies for
death or injuries sustained by an employee the negligence of a fellowservant shall not be a defense. Therefore the doctrine in force prior
to that statute applies. The court charged the jury that, if they found
that “ the death was caused by the negligence of the section master in
not providing the road with sound ties,” to answer the second issue,
“ Yes.” That issue was, “ Was the injury and death of plaintiff's
intestate caused by the negligence of a fellow-servant!” This instruc­
tion was specifically excepted to, and is clearly erroneous. It is the



472

BULLETIN OF THE DEPARTMENT OF LABOR.

duty of tlie master, the corporation, to furnish a safe roadbed. It is
not within the scope of the duty or the powers of the section master to
provide cross-ties. The plaintiffs intestate (a brakeman) and the sec­
tion master were fellow-servants within the scope of their duties. The
failure to provide a safe roadbed, or material for it, such as sound ties,
or good rails, and the like, is the negligence of the corporation, and not
of the section master. Indeed, when this case was here before (122
K. 0., 959; 30 S. E., 348), the court said : “ If the defendant, by having
proper appliances (air brakes) and a good roadbed, could have avoided
the injury to the intestate, it is liable.7 That it is the negligence of the
7
master not to have a safe roadbed, and that this duty can not be shifted
off on a subordinate, as the fellow-servant of an employee who is injured
or killed, is almost universally recognized. Pleasants v. Railroad Co.,
1 2 1 N. 0., 492; 28 S. E., 267, instead of being an authority for the defend­
ant, clearly concedes that it was the duty of the railway company to
keep its roadbed in safe condition, and that it could not delegate this
duty to a servant so as to exempt the company from liability to an
employee for injury caused by a defective roadway.
It is true that on the first issue, “ Was the injury and death of plain­
tiff 7 intestate caused by the negligence of the defendant?7 the court
s
7
charged the jury, “ if they found it was caused by reason of a defective
roadbed, or of the cross-ties being defective or rotten, they should
answer the first issue 4Yes ,77 but added, “ This is subject to instruc­
7
tions on second issue,7 and on the second issue he instructed the jury
7
erroneously, as above pointed out, that they might find that “ the failure
to provide cross-ties was the fault of a fellow-servant,7 a section master.
7
These instructions are contradictory, and, if the jury took the latter view
as law, they necessarily would find, as they did on the first issue, that
the railroad company was not guilty of negligence.

E mployers 7 Liab ility —R ailroad Companies—V alid ity of
Release of Claim for D amages — Texas Midland R. R. v. Sullivan,

48 Southwestern Reporter, page 598.—David H. Sullivan, having been
injured while in the employ of the above-named railroad, applied, upon
his partial recovery, for reemployment by said railroad. As a prereq­
uisite for such employment he was required to execute a release of all
claims for damages on account of his injuries, which he did. After
being employed by the railroad for a short time he was discharged on
account of a collision between a car and an engine, which was claimed
to be due to his fault. He then brought suit against the railroad to
recover damages for his injuries and the railroad set up the release as
a defense. In the district court of Kaufman County, Tex., where the
cause was heard, a judgment was rendered in favor of the plaintiff,
Sullivan, and the defendant railroad appealed the case to the court of
civil appeals of the State, which rendered its decision December 24,
1898, and reversed the judgment of the lower court.
From the opinion of the court of civil appeals, delivered by Judge
Stephens, the following is quoted:
It is insisted #
# that * * * the release was without con­
sideration. The only consideration recited therein was one dollar,
which was neither paid nor expected to be paid; but the real considera


DECISIONS OF COURTS AFFECTING LABOR.

473

tion was sliown by parole to be the reemployment of appellee as brakeman in the service of the company. This he voluntarily sought, after
a partial recovery from his inj uries, and to obtain it executed the release
in question; that being required of him as a condition precedent to such
reemployment, according to the usage of railroad companies in such
cases, with which he was familiar. It * * * appears that the con­
tract was for an indefinite time, and the employment of short duration;
but by executing the release appellee acquired the right to fix a reason­
able time, and, if he failed to do so, he has no one to blame but himself.
The general rule that, where the term of service is left indefinite, either
party may put an end to it at will, and without cause, does not apply.
That rule obtains where mutuality of promise is the sole consideration.
Here the execution of the release was an independent consideration,
giving appellee the right to fix the duration of the employment, and
thus prevent an arbitrary discharge by appellant. We could not,
without dissenting from the views so clearly and forcefully stated by
Judge Stayton in the Scott case [Railroad Go. v. Scott, 10 S. W. 99, 72
Tex. 70J which we are by no means inclined to do, hold that there was
,
no consideration for this release.

E xpulsion of Members of Trade U nions — Mandamus to
Compel Reinstatement — Weiss et al. v. Musical Mutual Protective

Union et uZ., 42 Atlantic Reporter, page 118.—An application was filed
by Andrew G. Weiss and another for a writ of mandamus to compel
the above-named union and its board of directors to reinstate them as
members. After a hearing in the court of common pleas of Allegheny
County, Pa., the writ was granted.
The opinion of said court was delivered by Presiding Justice Kennedy,
and the following, quoted below, is taken therefrom:
This is application to compel by writ of mandamus the restoration of
plaintiffs to membership in the Musical Mutual Protective Union, a
corporation, defendant. The defendant the Musical Mutual Protective
Union is a corporation under the laws of Pennsylvania, organized for
the u promotion of music, and to unite the instrumental portion of the
musical profession for the better protection of its interests in general,7
7
of which corporation the plaintiffs, Andrew G. Weiss and Charles A.
Young, were members in good standing up to the time of their expul­
sion complained of in these proceedings. A t the time of the expulsion
of plaintiffs, the membership of the organization was over four hundred,
and it had a surplus fund of over five thousand dollars. It seems to
be well settled that courts have power to supervise the acts of corpora­
tions. Let us see whether such a case is presented here as justifies the
court in interfering.
A t a meeting of the respondent corporation held December 5,1897,
the following preamble and resolution was adopted, viz: uWhereas, a
manifesto has been issued and received by quite a number of the mem­
bers of this union, which manifesto bears the signature ‘ Pittsburg
Musical Society,7 with signatures of president and secretary—A. G.
Weiss, president, and Charles A. Young, secretary—and, further, that
the manifesto states that the Pittsburg Musical Society is a member of
the National League of Musicians of the United States, and is further
misleading, inasmuch as it reflects unjustly upon the integrity of this



474

BULLETIN OF THE DEPARTMENT OF LABOR.

union, and, further, advocates the organization of a society under
auspices that are in opposition to the action of the union, after due
notice to each member in writing: Therefore, be it resolved, that the
incoming board of directors make a thorough investigation of this
action, summon such witnesses as they may deem proper to fix this act
upon such member or members as are guilty of this action, and then
proceed to a regular trial under the laws of this union, and, if found
guilty according to the laws of this union, the penalty to be inflicted
in such manner as the law warrants. An appeal from the board of
directors to be allowed: provided, that the finding of the board be
complied with first, and all expenses of placing the entire record of the
proceedings before the members of this union be borne by the appellant
or appellants.”
Here the court sets out the manifesto, referred to above, in full and
then continues as follows:
At a meeting of the board of directors of respondent, held January
23,1898, the secretary was instructed to prefer charges against plain­
tiffs, and on February 14,1898, each of the plaintiff's received notice to
appear before the board on Sunday, February 20, 1898, to answer
charges, preferred by the secretary, of violation of article 2 of the con­
stitution of the corporation 5 but no copy of the charges accompanied
the notice. Plaintiffs appeared in response to said notice, and at the
meeting the charges were read to plaintiffs, the same being as follows:
“ No. 1 Wylie Ave., Pittsburg, Pa. Feb. 14,1898. To the Board of Direc­
tors of Musical Mutual Protective Union: I, the undersigned, in accord­
ance with your instructions, do hereby charge A. (1. Weiss and Chas.
A. Young with the violation of article 2 of the constitution, said violation
being the circulation of a manifesto among our members, bearing date
of November 29,1897, and bearing the signature of A. G Weiss, pres­
-.
ident, and Ohas. A. Young, secretary, the contents of which circular
was calculated to disrupt and destroy the Musical Mutual Protective
Union, Local No. 15, N. L. M. of U. S. Fraternally yours, Thomas J.
Welsh, Secretary.” At this meeting one witness was called, who stated
that he had received a copy of the manifesto. No other testimony was
taken, and no action was taken, the plaintiff's protesting that they had
not received any proper notice. On February 28th the plaintiffs each
received another notice to appear before the board on Sunday, March
20th, to answer charges preferred by Thomas J. Welsh, secretary, of
violation of article 2 of the constitution, inclosing a copy of the charges,
as given last above, signed by the secretary; but the notice was not
accompanied by copy of the manifesto. Plaintiffs appeared in response
to this notice. At this meeting a copy of the manifesto was produced,
which the petitioners admitted they had signed; but no testimony was
taken, nor was there any effort made to show that the manifesto was
circulated by plaintiffs, or that it tended to disrupt or destroy the union,
or cause the withdrawal of members, nor, indeed, was there anything
tending to sustain the charges against plaintiffs, and they, after pro­
testing as before, withdrew from the meeting. The matter was then
dropped, but subsequently, at the same meeting, and without passing
upon the guilt or innocence of the plaintiffs of the offense charged, a
resolution was passed erasing the names of the plaintiff's from the roll
o f membership of the union. A t this meeting there were present eight
of the members of the board, and, while no votes were cast against the
resolution of erasure, it is very doubtful that the requisite two-thirds
of those present were cast in its favor.



DECISIONS OF COURTS AFFECTING LABOR.

475

Can the proceedings here recited be properly called a trial, in which
were involved the rights and privileges of the plaintiffs, and can it be
said that they were deprived of those rights and privileges after a fair
and impartial trial! The charter of this corporation contains no power
of expulsion, and where no such power is so given it can only be exer­
cised by the corporation when the member has been guilty of some
infamous offense, or has done some act tending to the destruction of
the society. Does the act complained of here tend to the injury or
destruction of the union! The charge states that the manifesto bear­
ing the signatures of the plaintiffs tended to disrupt and destroy the
union, but there was no proof at this pretended trial that it did so
tend. The circular, or manifesto, as it is called, in itself certainly con­
tains nothing rendering it or its authors liable to such charge. In
substance, it is nothing but an invitation to participate in a meeting
at which were to be discussed matters affecting the interest of the
union. It is plain that there were diverse opinions among the mem­
bers with regard to the policy to be pursued by the union in reference
to its relations to what are known as labor organizations; and it can be
inferred, too, that those issuing the manifesto held views at variance
with those controlling this union; but surely that is no reason why
those who invite all members to attend a meeting where these different
views should be discussed in order to reach a determination of the ques­
tion as to what were the best interests of the association should be
charged with an effort to disrupt and destroy the union. If the issu­
ance of the manifesto was an offense at all, it was a minor one, for
the commission of which the plaintiffs could not be expelled from the
society, and deprived of their interest in the funds of the union. If
we are correct in this, the mandamus must issue as prayed for in this
case; but there are some other features which it seems proper to dis­
cuss briefly. It is claimed by the respondents that it was the duty of
the relators to first exhaust their remedies within the organization
itself by appeal, which is provided for by section 2 of article 1 1 of the
by-laws, and expressly provided for by the resolution of December 5,
1897, before asking for this writ. An examination of section 2, art. 11,
of the by-laws shows that it does not cover this case, and that, so far
as the by-laws were concerned, the plaintiffs were without remedy by
appeal or otherwise. As to the provision for appeal in the resolution
of December 5, 1897, it seems to be an attempt to amend the by-laws,
which must be done in a very different manner from that adopted here.
The by-laws themselves prescribe the mode for their amendment, and
this was not followed. However, this attempt of the resolution to pro­
vide an appeal impresses conditions which render it burdensome and
ineffective, in that it requires a compliance with the findings of the
board, and the payment of all expenses. Another anomalous feature
of the resolution of December 5, 1897, is that it makes the board of
directors both prosecutors and judges of the matter in dispute. It is
said that plaintiffs assented to this resolution by their presence at the
meeting, and failure to object thereto at the time. This, however, does
not bind them to an illegal resolution and by-laws, if they elect to raise
the question of its illegality subsequently. The plaintiffs claim, too—
and with grounds, we think—that the notices of the meetings for the
trial on February 20 and March 20,1898, were insufficient, in that they
contained no complete copy of the charges preferred.
It seems clear that provisions of the constitution and by-laws of the
respondent corporation which were intended for the protection of mem­
bers against illegal expulsion, and to secure to them a fair and impartial



476

BULLETIN OF THE DEPARTMENT OF LABOR.

trial, were violated in both the letter and spirit on the trial of these
plaintiffs, if such proceedings can be called a trial. What we determine
now is that the mandamus must issue as prayed for.
Under this decision the writ of mandamus asked for was granted and
the defendants appealed the case to the supreme court of the State.
On January 9,1899, after a hearing, the supreme court rendered its deci­
sion affirming the action of the court of common pleas. The opinion
of the supreme court read as follows:
The judgment entered by the learned court below in this case is
affirmed on the opinion of the court.

Master and Servant —Refusal of Railroad Company to
G ive Clearance C ard to D ischarged E mployees — Cleveland,

Cincinnati, Chicago and St. Louis Railway Co. v. Jenkins, 51 Northeast­
ern Reporter, page 811.—This was an action on the case for damages
brought by Charles Jenkins against the above-named railroad com­
pany. The declaration charged that the plaintiff had been an employee
of the railroad company for ten years as a conductor on one of its
freight trains; that he was discharged about November, 1893, without
cause, and although, by the regulations and customs of the company,
a letter or clearance card was usually given to discharged employees,
in order that they might secure employment on other roads, it being
essential for that purpose, such letter or clearance card was refused to
him, although he had often applied for it, whereby he had failed to
secure employment; that defendant and other railroad companies had
a rule or custom not to employ a discharged employee of another road
without such a letter or clearance card; that after his discharge, and
failure, on request, to receive such card, the plaintiff applied to various
railroad companies for employment, but was uniformly refused on
account of not having such card, etc. The evidence showed that
before his discharge the plaintiff had been indicted on three separate
indictments, two for larceny and one for embezzlement, for taking from
cars of the railroad company certain goods; that upon being so indicted
he was first suspended and then discharged by the superintendent of
the railroad; that upon trial of the charge he was acquitted on two of
the indictments and that the other indictment was nolle prossed; that
before and after the disposal of the indictments he had made applica­
tions for a clearance card, which applications were denied. A jury in
the circuit court of Wabash County, 111., the trial court, found for the
plaintiff and assessed his damages in the sum of $875. Motion for a
new trial was overruled, and judgment entered on the verdict. On
appeal to the appellate court for the fourth district this judgment was
affirmed, and from this judgment of affirmance the railroad company
appealed the case to the supreme court of the State, which rendered its
decision October 24,1898, and reversed the judgment of the appellate
court.



DECISIONS OF COURTS AFFECTING LABOR.

477

The opinion of the supreme court, delivered by Judge Phillips, con­
tains the following language:
The gravamen of the declaration in this case is that the plaintiff was
discharged, and refused a clearance card or letter, to which he was
entitled, without which he could not obtain employment on any other
road, and that he failed to obtain such employment, whereby he suffered
damages. The declaration avers a cause of action on the case arising
out of a contract. It avers a contractual relation, out of which as
alleged, arose the duty, when such contractual relation was severed, to
give a letter or clearance card for the purpose stated. Unless the law
imposes on appellant, in some form, the duty to give appellee, as one of
its employees, a letter of recommendation or clearance card, his action
in this case can not be sustained. If a legal duty is imposed upon the
employer to give a discharged employee, or one voluntarily leaving his
service, a letter of recommendation, such a duty must arise either by
the common law, by statute, by contract of employment, or by such a
generally established usage or custom as would demand it to be done.
Such usage, however, must be so well known and uniformly acted upon
as to raise a fair presumption it was intended to be incorporated in the
contract of employment. A distinction is to be made between what is
known, in terms, as a clearance card, and a letter of recommendation.
This distinction is apparent, not only from the evidence in this case, but
also from the knowledge which courts have of the general conduct and
management of railroad business and affairs. It is the duty of courts
to take, and they will take, judicial notice of the general business
affairs of life, and of the manner in which ordinary railroad business is
conducted, and of the every day practical operation of them.
From the evidence produced on this question, and from this judicial
notice which we take of the ordinary general management of railroads,
it is apparent that what is known as a clearance card is simply a letter,
be it good, bad, or indifferent, given to an employee at the time of his
discharge or end of service, showing the cause of such discharge or
voluntary quittance, the length of time of service, his capacity, and
such other facts as would give to those concerned information of his
former employment. Such a card is in no sense a letter of recommen­
dation, and in many cases might, and probably would, be of a form and
character which the holder would hesitate and decline to present to any
person to whom he was making ax^plication for employment. A letter
of recommendation, on the contrary, is, as the term implies, a letter
commending the former services of the holder, and speaking of him in
such terms as would tend to bring such services to the favorable notice
of those to whom he might apply for employment.
As stated, an action for failure to give an employee either of the
above forms of letters must be based either upon the common law or
the statute, or arise out of the contract of employment, or be required
by usage or custom. By the common law no such duty was imposed
upon the employer. By statute no duty is imposed upon the employer
to give to an employee a clearance card, nor does any right to demand
such accrue to the employee. Therefore, if any cause of action exists
to the appellee in this case, it must arise out of his contract of employ­
ment, or there must be shown and established such a custom or usage
as would clearly entitle him to such. Under such views of the sub­
ject matter involved in this case, where no action, either by law or by
statute, accrued to the plaintiff, it was necessary for him to produce,
in the first instance, evidence tending to show that a usage or custom



478

BULLETIN OF THE DEPARTMENT OF LABOR.

existed on appellant’s railroad, at the time of his contract of employ­
ment, to give to each discharged employee, or those voluntarily quitting
its service, a clearance card or certificate of recommendation, and tend­
ing to show he was entitled to it under his contract of employment.
For the purpose of proving the usage or custom on the part of the
appellant road, the only evidence offered was one letter, purely per­
sonal in its character, and the statements of several witnesses that
such a custom or usage existed, but without any apparent knowledge
on which to make such statements. No other evidence was produced
tending to show that appellant issued such cards or letters, or that it
required them before employing its servants. A number of the wit­
nesses offered by the appellee testified that on leaving the service of
the appellant they had received no such letters or cards. The positive
and direct testimony of the superintendent of the appellant road—
the person charged with the duty of issuing such clearance cards or
letters of recommendation if any were to be issued—is that no custom
or usage existed, and that it was of rare occurrence that an employee
leaving its service received a letter of any character.
To establish a usage or custom, it is not sufficient to prove certain
isolated instances. The usage must be positively established as a fact,
and not left to be drawn, as a matter of inference, from transactions.
A usage which is to govern a question of right should be so certain,
uniform, and notorious as probably to be known to and understood by
the parties as entering into their contract. There was no evidence
tending to show any general custom or usage existing on the appellant
road and entered into between it and other roads, as alleged in the
declaration.
In this case it is not shown, or even attempted to be shown, that
appellee, at the time of his contract of employment with appellant, and
as an incident of such employment, received any assurance that he
would, at the time of the expiration of service, receive any clearance
card or letter of recommendation from the appellant railroad.
Had a rule applicable to conductors, providing for the issuing of
clearance cards, as alleged in the declaration, been offered and estab­
lished as a part of plaintiff’s case, a different question might have been
presented for the consideration of this court. In the condition of this
record, however, where no usage or custom was shown to exist under
which appellee could recover, and no provision incident to his contract
of employment imposing upon appellant the duty to issue a clearance
card or certificate, his action must fail. For the errors herein indi­
cated, the judgment of the appellate court for the fourth district and
the judgment of the circuit court of Wabash County are reversed, and
the cause remanded.

E ight of Cit y A uthorities to Make P rovision that U nion
L abor only Shall be E mployed on P ublic W orks—Adams v.

Brenan et al., 52 Northeastern Reporter, page 314.—A bill in equity was
filed by John L. Adams against Thomas Brenan and others and the
Board of Education of the city of Chicago. After a hearing in the
superior court of Cook County, 111., the bill was dismissed. The case
was then appealed to the supreme court of the State, which rendered
its decision December 21,1898, and reversed the action of the lower
court.



DECISIONS OF COURTS AFFECTING LABOR.

479

The facts in the case are stated in the opinion of the supreme court,
delivered by Judge Cartwright, and from the same the following is
quoted:
Appellant, a taxpayer of the city of Chicago, suing on behalf of
himself and the other taxpayers, filed his bill in this case March 14,
1898 [two days after an adverse decision rendered in the circuit court
of Cook County, 111., in the case of Building Trades Council v. Board
of Education of City of Chicago. See Bulletin No. 17 of the Depart­
ment of Labor, page 656], in the superior court of Cook County, against
the Board of Education of said city of Chicago, John A. Knisely, a
contractor, and said city of Chicago, asking to have a contract between
the Board of Education and Knisely declared illegal, and to restrain
the defendants from carrying out the same or expending money there­
under. The facts stated in the bill are substantially as follows: In
September, 1897, the Board of Education entered into an agreement
with an organization in said city known as the u Building Trades Coun­
cil/7representing labor or trades unions in said city, by which the Board
of Education on its part agreed to insert in all contracts for work upon
school buildings a provision that none but union labor should be
employed in such work, and that none but union workmen should be
employed upon the pay rolls of said board. The Bryant school, one of
the school houses under the care of the board, being in need of repair,
the board advertised February 5,1898, for bids for the construction of
a roof on an addition thereto, which advertisement contained the
following: uNotice: None but union labor shall be employed on any
part of the work where said work is classified under any existing union.
By order of Board of Education.7 On February 11,1898, the defendant
7
John A. Knisely, among other contractors, submitted his bid for the
roof, in which he agreed to furnish material and do the work in strict
accordance with the plans and specifications prepared and on file in the
office of said board for the sum of $2,090, and to be bound by said con­
dition, and further stated: “ 1 , the undersigned, will do the above work
for the sum of $1,900, provided all conditions as to the employment of
none but union labor are stricken from the specifications and contract
made accordingly. This last bid is made, not necessarily because the
undersigned expects to employ nonunion labor for this work, but because
it is worth to him the difference to have the liberty to do so should cir­
cumstances make it necessary or advisable.7 On February 23,1898,
7
the board accepted Knisely7 higher bid of $2,090 with the restriction,
s
and awarded to him the contract. About March 1,1898, the board and
Knisely entered into a contract in accordance with the bid so accepted,
containing a provision that none but union labor should be employed
by him. The work required by the contract was classified under the
existing trades unions in the city of Chicago, and the term u union
labor7 included only the labor of such mechanics and workmen as were
7
members of voluntary associations in the city of Chicago commonly
known as labor or trades unions, which did not embrace all the citizens,
taxpayers, mechanics, or workmen in said city, a large proportion of
whom do not belong to any trade or labor union. Upon the filing of
the bill, application was made for a preliminary injunction, which was
heard upon the bill, and affidavits and the record of proceedings of the
Board of Education, which sustained the charges of the bill. The
application was denied, and the court dismissed the bill for want of
equity appearing upon its face.
The bill charges that this board had negotiated a sort of treaty with
the Building Trades Council, a private organization, representing par­



480

BULLETIN OF THE DEPARTMENT OF LABOR.

ticular laborers or associations of workmen, and constituted for the
furtherance of the interests of such laborers and workmen, the effect
of which is to give those persons a monopoly of the work to be done
for the public under the charge of the board. The record of the board
shows an application by a committee of this Building Trades Council for
the adoption of the provision in question. The provision was adopted
by resolution of the board, with an agreement on the part of the Build­
ing Trades Council to call off a strike; and a reason given in the appli­
cation to the board for the adoption of the clause was that it would do
away with strikes upon school buildings, and thereby save the board
much annoyance and delay. Ordinarily, the restraining power of a
court of equity should be directed against the enforcement, rather than
the passage, of unauthorized orders and resolutions; and, if this reso­
lution was unlawful, it is a proper time to enjoin its enforcement when
a contract like the one in question is made under it. In the execution
of this agreement and resolution, the Board of Education assumed to
let the contract to the defendant Knisely, with the stipulation that none
but members of the associations in question should be employed, and
at an expense of $190 more than would be required to fulfill the same
contract without the restriction. The two bids were made by the same
contractor with the same responsibility in either instance, and who was
prepared to perform the contract as fully and well under one stipula­
tion as the other. The award to him was therefore not made in view of
any question of responsibility as a bidder, but solely to carry out the
agreement.
It is plain that the rule adopted by the board and included in this
contract is a discrimination between different classes of citizens, and
of such a nature as to restrict competition and to increase the cost
of work. It is unquestionable that if the legislature should enact a
statute containing the same provision as this contract in regard to any
work to be done for boards of education, or if they should, by a statute,
undertake to require this board, as the agency of the State in the
management of school affairs in the city of Chicago, to adopt such
a rule or insert such a clause in its contracts, or should undertake to
authorize it to do so, the provision would be absolutely null and void,
as in conflict with the constitution of the State. I f such a restriction
were sought to be enforced by any law of the State, it would constitute
an infringement upon the constitutional rights of citizens, so that the
State, in its sovereign capacity, through its legislature, could not enact
such a provision. The fact that the board may have been of the opin­
ion that its action was for the benefit of the public can not afford a jus­
tification for limiting competition in bidders, and requiring them to
abandon the right to contract with whomsoever they may choose for the
performance of the work.
There seems, however, to be a claim that the Board of Education,
although it could not be lawfully required or authorized to make such
a contract, may have some sort of discretion to do so; and the only
question in the case on the subject of the validity of such contract is
whether the board possesses power beyond that of the legislature, in
which is vested the entire legislative authority of the State. Upon
what theory it could be claimed that this Board of Education, which
exercises merely the function of the State in maintaining public schools
within a limited portion of the State, can possess either power or dis­
cretion which the State in its sovereign capacity could not confer upon
it, we are unable to imagine. No argument is made which would
justify such conclusion. There can be no greater power of the board



DECISIONS OF COURTS AFFECTING LABOR.

481

to act of its own motion than by virtue of positive law. The results in
either case are equally in conflict with the organic law, and such legis­
lation, contract, or action, whatever form it may take, is void. Nor
can the fact, if it be a fact, that an individual might make such a
bargain, authorize these public officers exercising a public trust to do
so. The individual may, if he chooses, give away his money; but the
public officer, acting as a trustee, has no such liberty, and no right to
surrender to a committee or anyone else the rights of those for whom
he acts.
There is another ground upon which complainant has an undoubted
right to maintain the bill, and that is that the contract tends to create
a monopoly, and to restrict competition in bidding for work. The
Board of Education may stipulate for the quality of material to be fur­
nished and the degree of skill required in workmanship; but a pro­
vision that the work shall only be done by certain persons or classes of
persons, members of certain societies, necessarily creates a monopoly
in their favor. The effect of the provision is to limit competition by
preventing contractors from employing any except certain persons and
by excluding therefrom all others engaged in the same work, and such
a provision is illegal and void. A taxpayer may resist an attempted
appropriation of his money in execution of such a contract.
No question concerning the merits of labor or trades unions is in any
way involved in this case. The right of organization for mutual benefit
in all lawful ways is not denied. The question is whether the Board of
Education has a right to enter into a combination with such an organi­
zation for the expenditure of the taxpayers’ money for the benefit of the
members of the organization, and to exclude any portion of the citizens
following lawful trades and occupations from the right to labor. It has
no such right. The decree of the court dismissing the bill is wrong,
and it is reversed and the cause remanded for proceedings in conformity
with what is here said.
x

Strikes —B ight to IJse of Streets — Obstructing A ccessv
P remises —I nterference w ith B ight of Property and
Contract— U nlaw ful F orce and Y iolence —American Steel and

to

Wire Co. v. Wire Dra wers’ and Die Mahers’ Unions, Nos. 1 and <, et al.,
5
90 Federal Reporter, page 608.—In the United States circuit court for
the northern district of Ohio, eastern division, an application was filed
by the above-named company for an injunction against the unions
above named and others to prevent them from interfering with its
business. The decision of the circuit court was rendered October 18,
1898, and the desired injunction was issued. The following statement
of the facts in the case was prepared by the court:
The proof in this case establishes that the former operatives of the
plaintiff’s mill have organized a strike to secure an advance of wages
to a scale they have endeavored to induce the idaintiff to accept before
they will work for it. The strike has been conducted under the leader­
ship of Walter Gillette and others, made parties to the bill. He was
not one of the striking operatives, but a member of one of the unions,
and an official of the executive council of the federation to which the
unions belong. He instigated the movement, and substantially organ­
ized it.



482

BULLETIN OF THE DEPARTMENT OF LABOR.

It is not necessary to consider the causes for the strike, its scope or
object, for it must be conceded that the men had a right to strike, no
matter for what cause, good or bad 5 nor to consider whether it was a
wise or judicious movement or not. That matter does not concern the
proceedings before the court, but only the men themselves, and there­
fore all the affidavits upon that subject are quite irrelevant. The
striking operatives had no fixed contract for their labor; nor did those
who remained, nor did those who desired to enter the mill to work for
the plaintiff, have such contracts. All were working, or proposed to
work, for daily or weekly wages, and might quit or work at will, and
might be so discharged. The two wire drawers7 unions made defend­
ants are not shown to have been otherwise engaged than by lending
their sanction and co-operation to the larger movement, embracing
many operatives who were not members of the union. The plan
adopted was to organize for the movement the whole body of wire
drawers employed in the mill, unionists and nonunionists, by assem­
bling them in mass meeting. The strike having been set on foot by
such a meeting, it was continued by holding almost daily a mass meet­
ing at a certain hall near by, which meetings have continued from the
beginning of the strike, about the 1st of August last, until the present
time. The proof does not disclose with any detail the organized plan
of campaign adopted by these meetings, but it does appear that Gil­
lette and the other leaders, one or more, were always on hand, as
leaders, if occasion required; and the important feature of their plan
was to patrol or picket the plaintiff7 mill, not at any time by going on
s
the premises, but around and near to them, and especially on all the
streets and other approaches to them, more or less remote, but always
near enough to intercept all wire drawers going to the mill to engage
in work; and this picket or patrol was kept up day and night, continu­
ously, but not always to the same extent, either as to their location,
the number on duty, or the vigilance employed. The plaintiffs con­
tend, and their affidavits tend to prove it, that the purpose of this
patrol was to forcibly prevent, if force were necessary, all persons
willing to go to work in the mill from entering it for that purpose;
while the defendants contend, and their affidavits tend to prove it,
that the only purpose was to meet these men. and “ by argument and
persuasion induce them not to take the strikers7jobs, but to join the
strikers, by abstention from work, at least, until all could go to work
on the advanced scale proposed by the strikers.7 Mostly, the affidavits
7
only express the opinions of the affiants that the conduct complained
of by the plaintiff7 affidavits amounted only to “ argument7 or “ per­
s
7
suasion.7 They do establish, undoubtedly, that the strikers did intend
7
to use peaceful argument in furtherance of their desire to prevent the
outsiders from going to work in the mill; and they deny that any vio­
lence was used, except such as was provoked by aggressive action on
the part of the “ strike breakers7—words which will be borrowed from
7
the mouths of the defendants and their counsel, and used here to desig­
nate all who insisted on going into the mill to work. And it is the
belief of the defending affiants that this aggression by the strike
breakers was instigated and organized by the iflaintiff for the purpose
of breaking the strike by violence, or to bring about a condition which
would justify this application for an injunction, and that it was the
preliminary fabrication of evidence to that end. It is not denied that
conflict, turbulence, and violence have occurred on several occasions in
the streets near the mill, especially on August 28th, September 5th,
12th, 19th, 20th, and 21st, and October 5th and 6th; but the affiants



DECISIONS OF COURTS AFFECTING LABOR.

483

for defendants swear that in every instance this was provoked by the
strike breakers, and not brought on by the strikers. The affidavits of
the plaintiff pat the blame on the strikers. The most formidable of
these conflicts was that of Sei>tember 19th, which had some special
features, but otherwise may be taken as in some degree representing
the others, so far, at least, as it indicates the defendants7 plan for
maintaining their strike, and confessedly is the one wherein the
aggression of the plaintiff’s strike breakers most decidedly appears,
and most opprobriously, in the view of the defendants and their
counsel.
There is in the city of Cleveland a settlement of Poles, called the
“ Polack Settlement,” wherein resides a Catholic priest, now out of har­
mony with his former church, said by defendants to have been excom­
municated; but this is denied by him. There also resides there one
Paulowski, seemingly a very determined and belligerent person. The
priest has an independent congregation of his own, and it is testified
that about 40 of them are wire drawers formerly employed in the plain­
tiff’s mill; there are also in the congregation or settlement other wire
drawers—among them, Paulowski—who had worked for plaintiff, but
were not so employed at the time of, or immediately before, the strike.
Paulowski is denounced by the defendants’ affidavits and by their coun­
sel as a u professional strike breaker” ; that is, one who for hire will head
a gang of men proposing to work, and lead them in assaults upon the
strikers to clear the way to the factories, or a gang of utoughs” pre­
tending to want work—it being immaterial to this soldier of fortune,
so he be paid for the enterprise. The proof does not substantiate this
character for the man. He denies it, and swears that he really wished
to go to work, taking advantage of this opening, as did his neighbors
and companions, who needed the wages to be earned. He made several
other attempts to reach the mill, and with much smaller groups than
were engaged in the events of the 19th of September. The chief mana­
ger of the plaintiff company, some of the superintendents and foremen,
visited this settlement, had conferences with the priest, Paulowski, and
others, with the general result, not denied, that an arrangement was
made whereby the priest advised his parishoners to avail themselves of
the offered opportunity to go to work in this wire mill. Some 50 of
them addressed a petition to the mayor, announcing the desire to go to
work, asserting their need of the wages, and asking for police protec­
tion in reaching the mill against the anticipated obstruction of the
streets by the strikers. The priest and others with him also called on
the superintendent of police, showed him the petition and affidavits of
assaults that had been made, and requested police protection. The
superintendent told them that he got his orders from the mayor, and
advised that he be seen. They presented the petition and affidavits to
the mayor, who told them he would look the matter over, and see that
the protection should be there. They then advised him that they would
make an attempt to go to work on the following Monday, the 19th. On
that morning about 15 of these Polacks, in company with Paulowski,
attempted to get to the mill, and were met as they approached on the
streets by a body of strikers, assembled by signals or preconcerted
arrangement, variously estimated at 50, 70, and 100 , or more. A fight
ensued. There was only one policeman present, on the regular beat,
though there is proof that three others were there in citizens’ clothes,
which is, however, denied, and the fact is not clearly established. The
respective affidavits seek to blame the other side for beginning this
combat. One of the strike breakers, who was an employee trying to go



484

BULLETIN OF THE DEPARTMENT OF LABOR.

to his work, was arrested, but there was no other arrest. The strikers
prevailed, and the Polacks did not reach the mill. Immediately after this
disturbance one of the attorneys and the manager of the plaintiffs com­
pany called on the mayor, and again demanded police protection. They
subsequently addressed him a letter, advising him of the situation, and
informed him that on the next day another attempt would be made by
a body of men seeking employment, and again demanded proper police
protection. To this the mayor made a somewhat diplomatic reply,
denying that there was any occasion for police interference, suggesting
that a meeting be had between the parties to adjust the difficulties, and
expressing his belief that, if the plaintiff were willing to do “ the right
thing,” the whole question might be easily settled. On the next day,
September 21st, a similar body of men, under the leadership of Baackes,
the general manager, and Key, the superintendent, of plaintiffs mill,
attempted to reach the mill, and were again obstructed by a large body
of strikers, quite 200 strong, under one Russ, as their leader, where­
upon “ a scuffle ensued,” and the strikers again succeeded in preventing
the men from going to work. The plaintiffs affidavits complain of the
perfunctory and inefficient action of the single policeman on his regu­
lar beat to help them through, but it is explained on the other side that
he did all that the occasion demanded, as there was no violent fighting,
requiring arrests. The minor disturbances, taken together with these
and the other proof, show that the plan of operations constantly
employed by the strikers was to meet every body of wire drawers, every
group, or any single man, with their pickets or patrols, and if necessary
with a larger body, always available by signal or otherwise from the
large number of strikers assembled at convenient places adjacent, and
thus to argue with and persuade them, according to their story, or to
obstruct and force them away from the mill, according to the story of
the plaintiff; and that this has been kept up since the strike was inau­
gurated, for more than two months. Except a disputed occurrence
with one Willman, described in Cliff’ s affidavit, introduced as counter
to that of Willman, there is no instauce authenticated by affidavit of
any strike breaker or other wire drawer being let into the mill by the
strikers’ standing aside and allowing him to enter for the purpose of
going to work after the argument or pleading with him had failed.
This was not a general strike of all the operatives in the mill, but only
of those in the wire-drawing department; and those not in that depart­
ment, or wishing to work elsewhere in the mill, came to and went from
the mill without interruption of any kind. This statement requires
modification, to the extent that Gillette, and perhaps others, testify
that within the last week preceding the hearing of this application
there had been some relaxation of vigilance, and some wire drawers
have gone into the mill to work without any attempt to dissuade them.
It is in proof that the plaintiffs have maintained inside the mill some
50, more or less, of workmen, who eat and lodge there, for fear, as they
swear, of bodily injury, or successful resistance to their reentry, if
they go out. Again, the affidavits of defense assert that this is unnec­
essary, and only a scheme of plaintiffs to fabricate a condition favora­
ble as evidence to this application for an injunction. It is also shown
by the proof that, by stealth of one kind and another, workmen enter
the mill, either by evading the pickets, or sometimes by circumventing
them after an attempted obstruction, as in the case of those who swear
that after being driven away they reached an entrance in a closed car*
riage. If it can be at all material for any purpose, it may be stated
here that, when the strike commenced, of the 230 wire operatives there




DECISIONS OF COURTS AFFECTING LABOR.

485

were 121 Germans, 42 Poles, 19 Americans, 10 Swedes, 9 Irishmen, 4
Englishmen, 3 Bohemians, 3 Armenians, 2 Hungarians, 1 FrenchAmerican, 1 English-American, 1 Irish-American, and 1 Kussian. Since
the movement commenced there have been and are employed 25 Ger­
mans, 28 Poles, 5 Turks, 2 Englishmen, 13 Armenians, 2 Welshmen,
and 2 Bohemians—a total of 77. It appears that the plaintiffs per­
sistently have refused to recognize the unions, their officers or commit­
tees, in conference or otherwise, to discuss the scale of wages tendered
on either side, but have expressed a willingness to confer with the men
themselves on that subject.
The police officers testify, as do other witnesses cross-examined, that
this is the u most orderly strike7 ever known to Cleveland, though
7
plaintiffs witnesses disagree about that. These officers, also including
the sheriff and the mayor, by affidavit and orally, swear that they are,
and ever have been, ready, willing, and able to perform their duties,
respectively, in preserving and protecting the public peace and rights
of property. The sheriff says that no application has ever been made
to him by the plaintiff, nor has he been notified of any breach, or threat­
ened breach, of the peace. The mayor says that he has fully investi­
gated the complaints made to him, and is thoroughly satisfied that
there was never any occasion for his interference 5 that there existed
no case of riot or like emergency; that there was no body of men
around, or in the vicinity, acting together with intent to commit a
felony, or to offer violence to any person or property, or by force and
violence to break or resist the laws of the State; that there was never
any reasonable apprehension that any breaches of the peace would be
committed by the former employees of the plaintiff; and that in his
belief a force of police was wanted by the plaintiff to intimidate u per­
sons rightfully upon the street,7 and who were committing no breach
7
of the peace, or intended to do so. It is also in proof that the mayor
told the plaintiffs when they applied to him that u they should apply
for an injunction.7 The two chief officers of the police testified orally
7
that there never has been a condition which should deter a u deter­
mined7 or u courageous7 man from making his way to the mill, if he
7
7
wanted to work. It was asked, in cross-examination of the plaintiff 7
s
officers engaged in these occurrences, why they did not take the men
they wished to convey into the mill by boats on the lake, or in cars on
the railroad, instead of through the streets; and the answer was that
they had the right to use the streets for that purpose, as one of the
ordinary and customary uses of streets leading to their mill. The
attention of the court was called to section 3096 of the revised statutes
of Ohio, authorizing the governor, the sheriff, the mayor, or any judge
of a State or of the United States, to summon the militia to act in aid
of the civil authorities in suppressing any tumult, riot, mob, or any
body of men acting together with intent to commit a felony, or to do
or offer violence to person or property, or by force or violence to break
or resist the laws of the State, or when there is any apprehension thereof.
This bill was filed, alleging the facts in too general, but sufficient, terms,
perhaps, and that the defendants have conspired together to wrong­
fully injure the plaintiffs7business and property, by illegally molesting
and obstructing them in supplying the places of the strikers with other
laborers who were anxious to be employed, and were willing to accept
the wages offered them, but who were intimidated by the defendants,
and not allowed to enter the mill for that purpose. It prays an injunc­
tion against these alleged trespassers upon their right to contract with
10274—No. 22----- 9



486

BULLETIN OF THE DEPARTMENT OF LABOR.

others than the strikers for the labor necessary to carry on their busi­
ness. The case is now heard upon an application for a preliminary
injunction.
From the opinion of the court, delivered by Judge Hammond, the
following is quoted:
The foregoing is a sufficient and fair summary of the facts established
by the proof. The court is not now engaged, as a criminal or police
court, in trying offenders for assaults and battery, nor for engaging in
tumults, riots, or mob violence, wherefore much of the testimony on
both sides is quite irrelevant and inappropriate to this inquiry. It is
not one of the present duties of the court to locate the blame for the
occurrences which have been detailed in the affidavits and by the wit­
nesses ; and, indeed, either side may be blameworthy, or both, and that
fact should not affect the question to be now decided; neither is the
court properly concerned at this time about the rightfulness or wrong­
fulness of the strike, in relation to the causes which brought it about;
and therefore the foregoing statement of facts does not at all deal with
the details of the transactions and occurrences so voluminously set
out in the proof. The only question is, does this proof, as a whole,
justify a reasonable apprehension on the part of the plaintiffs that the
defendants, in maintaining their strike, will illegally disturb their busi­
ness and injure it by unlawful acts of violence and intimidation of out­
side laborers—“ scabs/7if you please—willing to work for the plaintiffs
at the wages which they offer! Even “ scabs” and those who employ
“ scabs’7in time of a strike have rights which the strikers are bound by
the law to respect. The most important of these rights is an unob­
structed access to the place where the work is to be done, over the
streets and highways by which it is to be approached. Nor is this
freedom of access at all inconsistent with any right the strikers have to
use the same streets and highways for the lawful conduct and mainte­
nance of their strike by intercepting any one going to work in their
place for the purpose of peaceful entreaty or argument against sup­
planting them. One authenticated instance in this proof where the
strikers, meeting a single “ scab,7 or a group of them, or an organized
7
body of them, had stood aside, opened up the street, and allowed him
or them to pass to the mill without more ado, after the entreaty or
argument had failed to convince, would be worth more, as a matter of
evidence showing the good faith of the strikers in their assertion that
they were on the street only for an opportunity of entreaty and argu­
ment, than all the affidavits filed in this case. If the strikers, after
their victory over Paulowski and his body of “ strike breakers,7 had
7
only lined themselves on each side of the street, and permitted them to
go to work at the mill, that would have been conclusive evidence of
their honesty and good intentions in the matter of confining their opera­
tions to entreaty and argument. So, of the struggle on the next day
but one, when the officers of the plaintiff company led the “ strike
breakers,7 and of all the othor occasions when workmen attempted to
7
go to the mill notwithstanding the entreaty and argument which had
been presented to them. That was precisely what the men wishing to
go to the mill had a right to do after they had lingered or been detained
long enough to receive the argument and entreaty of the strikers not
to supplant them, that was precisely what the plaintiffs had a right to
demand, and that right is guaranteed to them by the law of every free
country where liberty to work as one pleases, and liberty to contract
for labor as one chooses, are protected by law. It is the right, not so



DECISIONS OF COURTS AFFECTING LABOR.

487

much of property as of that liberty which every man enjoys in this
country as his birthright; it is an exercise of our boasted freedom,
which is not confined to political rights alone, but extends as well to
personal activities in and about one7 daily business, be he laborer or
s
capitalist; it is this right which lies at the foundation of the strikers7
own freedom when they would work or refuse to work on any terms
but their own; it is a right the striker can not lawfully deny to the
“ scab7—the right to pass freely through the streets and highways to
7
his work. In this country this freedom to contract in business is a
constitutional freedom, which not even State legislatures can impair;
and certainly not strike organizations, for surely they can not lawfully
do what the legislature may not.
It was frequently urged in argument that the strikers have a right
to be on the streets; and so they have, so long as they do not trespass
on the right of others to use them. The right of the use of streets by
any one is a qualified right. The owner of a house, be it dwelling
house, store house, or mill house, has a distinct right of property in the
streets adjacent thereto, and used as approaches to it. It is the right
of access—free and uninterrupted ingress and egress. Anyone who
uses the streets must use them subject to this right of the householder;
and there is not a particle of difference in respect of this between a
dwelling house and a mill house or large factory employing large bodies
of men, who always go to the x>olls and vote at elections, and sometimes
go out on a strike. .Nor is the freedom of contract and right of access
through the streets to one7 work at all affected by assumed peculiari­
s
ties of the conditions attending the struggles of men in the economic
conflicts between laborers and capitalists, nor by any considerations of
public policy in respect of these conflicts. In one of the great cases to
be cited presently, what was said by an English judge is quite pertinent
to this matter of strikes and boycotts, and interfering between employer
and employee, namely, that public policy is “ an unruly horse, and, when
once a judge is astride it, he may be carried far away from sound law.7
7
If anyone violate the right of the householder to the streets that are
appurtenant to his property, as a part of it, by impairing his ingress
and egress, he has a civil action, and he may also abate it by injunction
in equity as a private nuisance. It is just as much a nuisance to block
up the street and impair the right by the continual presence of bodies
of men, great or small, who obstruct the ingress and egress, as it would
be to build barricades and embankments in the street. There can be
no denial of this; and, when the blockading is done for the especial
purpose of impairing the ingress to a particular house, it is directly a
nuisance, which may be abated by injunction, if necessary. This is
sound law, from which no unruly horse of public policy should carry
a judge any distance at all, no matter how ably it is urged upon him
by learned and eloquent counsel pleading for the rights of labor as
against capital, corporations, and despised foreigners who organize
“ scabs7 to resist the strikers in favor of odious trusts.
7
The whole fallacy of the defense against this bill and the proof offered
to sustain it lies in a convenient misapprehension or a necessary mis­
understanding of the character of that force and violence which all
agree is not permitted in the conduct of a strike. It seems to be the
idea o f the defendants that it consists entirely of physical battery and
assaults, and that if any of these appear in the proof, and they can be
justified as they might be on a criminal indictment or in a police court,
that ends the objection, and the justified assaults and batteries will not
support an injunction. The truth is that the most potential and unlaw


488

BULLETIN OF THE DEPARTMENT OF LABOR.

fill force or violence may exist without lifting a finger against any man,
or uttering a word of threat against him. The very plan of campaign
adopted here was the most substantial exhibition of force, by always
keeping near the mill large bodies of men, massed and controlled by the
leaders so as to be used for obstruction if required. A skillful wire
worker, but a timid man, would be deterred by the mere knowledge of
that fact from going to the mill when he desired to go, or had agreed
to go, or was already at work, and feared to return to it through the
streets where the men were congregated, or, having started, would turn
back, fearing the trouble that might come of the attempt. Such a force
would be violence, within the prohibition of the law; and its exhibition
should be enjoined, as violating the property rights of the plaintiffs in
the streets, their liberty of contracting for substituted labor, and the
liberty of the substitutes to go to work if they wished to accept the
lowered wages, and to pass through the streets to their work.
Very much was said in argument about the Turks, Armenians, and
Polacks employed as substituted workmen by the plaintiff, but the facts
show that it has little foundation in fact, and should have not the
slightest influence on this question, if it were true. There is no dis­
tinction in this country in the legal rights of classes, based on race or
nationality, and all stand upon an equal footing in this respect. For­
eigners are no longer treated as outlaws or barbarians by any civilized
nation, and, if racial distinction were to be considered in this case,
there is a very beggarly show of Americans or Anglo-Saxons ; and
both the strikers and the strike breakers are a rather conglomerate
aggregation of many races, except the negroes, who are conspicuous
by their absence.
The court called on counsel to submit a carefully prepared order for
injunction, to enable it to see what is asked by the prayer of the bill,
which is in rather too general language, perhaps. The draft submitted
is satisfactory, and the injunction will be granted. Ordered accordingly.
The court thereupon directed the following order to be entered:
The American Steel & Wire Company, complainant, v. Wire Drawers7&
Die Makers7Union No. 1, of Cleveland, Ohio, Walter Gillette, et al.,
defendants.—Order—No. 5,812.
This cause came on for hearing upon the bill of complaint, and com­
plainant’s application for a temporary injunction, upon the answers of
certain of the defendants, and affidavits filed on behalf of complainant
and defendants, and the testimony by way of cross-examination of cer­
tain of the witnesses in open court; and the court, being fully advised
in the premises, finds that the complainant is entitled to a temporary
injunction as follows:
It is hereby ordered, adjudged, and decreed that the Wire Drawers7
& Die Makers7 Union No. 1 , of Cleveland, Ohio, Walter Gillette, its
president, and Wire Drawers7& Die Makers7Union No. 3, of Cleveland,
Ohio, Fred Walker, its president, and the officers and members of said
unions, and each and all of the other defendants named in the com­
plainant’s bill, and any and all other persons associated with them in
committing the acts and grievances complained of in said bill, be, and
they are hereby, ordered and commanded to desist and refrain from in
any manner interfering with, hindering, obstructing, or stopping any
o f the business of the complainant, the American Steel & Wire Com­
pany, or its agents, servants, or employees, in the operation of its said
American Mill, or its other mills in the city of Cleveland, county of
Cuyahoga and State of Ohio, or elsewhere; and from entering upon



DECISIONS OF COURTS AFFECTING LABOR.

489

the grounds or premises of the complainant for the purpose of inter­
fering with, hindering, or obstructing its business in any form or man­
ner; and from compelling or inducing, or attempting to compel or
induce, by threats, intimidation, per suasion, force, or violence, any of
the employees of the American Steel & Wire Company to refuse or fail
to perform their duties as such employees; and from compelling or
inducing, or attempting to compel or induce, by threats, intimidation,
force, or violence, any of the employees of complainant to leave the
service of complainant; and from preventing or attempting to prevent
any person or persons, by threats, intimidation, force, or violence, from
entering the service of complainant, the American Steel & Wire Com­
pany ; and from doing any act whatever in furtherance of any conspiracy
or combination to restrain either the American Steel & Wire Company
or its officers or employees in the free and unhindered control of the
business of the American Steel & Wire Company; and from ordering,
directing, aiding, assisting, or abetting, in any manner whatever, any
person or persons to commit any or either of the acts aforesaid. And
the said defendants, and each and all of them, are forbidden and
restrained from congregating at or near the premises of the said Ameri­
can Mill, or other mills of the American Steel & Wire Company in said
city of Cleveland, for the purpose of intimidating its employees or
coercing said employees, or preventing them from rendering their serv­
ice to said company; and from inducing or coercing by threats said
employees to leave the employment of the American Steel & Wire
Company; and from in any manner interfering with the American Steel
& Wire Company in carrying on its business in its usual and ordinary
way; and from in any manner interfering with or molesting any person
or persons who may be employed or seeking employment by the American
Steel & Wire Company in the operation of its said American Mill and
other mills. And the said defendants, and each and all of them, are
hereby restrained and forbidden, either singly or in combination with
others, from collecting in and about the approaches to said complain­
ants American Mill or other mills for the purpose of picketing or patrol­
ling or guarding the streets, avenues, gates, and approaches to the
property of the American Steel & Wire Company for the purpose of
intimidating, threatening, or coercing any of the employees of com­
plainant, or any person seeking the employment of complainant; and
from interfering with the employees of said company in going to and
from their daily work at the mill of complainant. And defendants,
and each and all of them, are enjoined and restrained from going, either
singly or collectively, to the homes of complainant’s employees, or any
of them, for the purpose of intimidating or coercing any or all of them
to leave the employment of the complainant or from entering com­
plainant’s employment, and, as well, from intimidating or threatening
in any manner the wives and families of said employees at their said
homes.
And it is further ordered that the aforesaid injunction and writ of
injunction shall be in force and binding upon each of the said defend­
ants and all of them so named in said bill from and after service upon
them severally of a copy of this order by delivering to them severally
a copy of this order, or by reading the same to them; and shall be bind­
ing upon each and every member of said Wire Drawers’ & Die Makers’
Union No. 1, of Cleveland, Ohio, and Wire Drawers’ & Die Makers’
Union No. 3, of Cleveland, Ohio, from the time of notice or service of a
copy of this order upon the said Walter Gillette and Fred Walker, and
other members of said unions, parties defendant herein; and shall be



490

BULLETIN OF THE DEPARTMENT OF LABOR.

binding upon said defendants whose names are alleged to be unknown
from and after the service of a copy of this order upon them, respec­
tively, by reading of the same to them, or by publication thereof by
posting or printing; and shall be binding upon the said defendants and
all other persons whatsoever who are not named herein from and after
the time when they severally have knowledge of the entry of this order
and the existence of this injunction. This order to continue in effect
until the further order of this court, and upon said complainants
entering into bond, in the sum of $2,500, conditioned for the payment
o f costs and moneys adjudged against them in case this injunction shall
be dissolved.

W

rongful

D

is c h a r g e of

Em

ployee

—D

u t y as to

A

cceptance

Jackson v.
Independent School District of Steamboat Rock, 77 Northwestern Reporter,
page 860.—The plaintiff, Jackson, brought suit for damages against the
above-named school district in the district court of Hardin County,
Iowa, for her alleged wrongful discharge from her position as teacher
in the public schools. A judgment was rendered in her favor and the
defendant school district appealed the case to the supreme court of the
State, which rendered its decision January 21, 1899, and reversed the
decision of the lower court. The decision was largely technical, and
but one point of interest from the standpoint of labor was contained
therein. Said point was made in the following language in the opinion
o f the supreme court, which was delivered by Judge Waterman:
of

Offer

of

N

ew

E

m ploym ent from

Sam e E m

ployer

—

When a servant is wrongfully discharged, he is not bound, for the
purpose of lessening damages, to accept new employment from the
same master, unless (1 ) the work is in the same general line as that of
the first employment, and (2 ) the offer is made in such a way as that its
acceptance will not amount to a modification of the original agreement.




LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE
JANUARY 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, 1896. Later enactments are
reproduced in successive issues of the Bulletin from time to time as published.]

IL L IN O IS .
ACTS OF 1899.
[The following act. passed at the session of the legislature of 1899, is taken from a copy of the same
obtained from a private source in advance of the publication of the laws of the session of 1899.]

Free public employment offices, and licensing, etc., of private employment agencies.
Section 1. Free employment offices are hereby created as follows: One in each
city of not less than fifty thousand population, and three in each city containing a
population of one million or over, for the purpose of receiving applications of per­
sons seeking employment, and applications of persons seeking to employ labor.
Such offices shall be designated and known as Illinois Free Employment Offices.
Se c . 2. Within sixty days after this act shall have been in force, the State board
of commissioners of labor shall recommend, and the governor, with the advice and
consent of the senate, shall appoint a superintendent and assistant superintendent
and a clerk for each of the offices created by section 1 of this act and who shall
devote their entire time to the duties of their respective offices.
The assistant
superintendent or the clerk shall in each case be a woman. The tenure of such
appointment shall be two years, unless sooner removed for cause. The salary of
each such superintendent shall be $1,200 per annum, the salary of such assistant
superintendent shall be $900 per annum. The salary of such clerks shall be $800 per
annum, which sums, together with proper amounts for defraying the necessary costs
of equipping and maintaining the respective offices, shall be paid out of any funds
in the State treasury not otherwise appropriated.
Sec . 3. The superintendent of each such free employment office shall, within sixty
days after appointment, open an office in such locality as shall have been agreed
upon between such superintendent and the secretary of the bureau of labor statistics
as being most appropriate for the purpose intended; such office to be provided with
a sufficient number of rooms or apartments to enable him to provide, and he shall so
provide, a separate room or apartment for the use of women registering for situa­
tions or help. Upon the outside of each such office, in position and manner to secure
the fullest public attention, shall be placed a sign which shall read in the English
language Illinois Free Employment Office, and the same shall appear either upon
the outside windows or upon signs in such other languages as the location of each
such office shall render advisable. The superintendent of each such free employ­
ment office shall receive and record in books kept for that purpose names of all per­
sons applying for employment or help, designating opposite the name and address
of each applicant the character of employment or help desired. Separate regis
ters for applicants for employment shall be kept, showing the age, sex, nativity,
trade or occupation of each applicant, the cause and duration of unemployment,
whether married or single, the number of dependent children, together with such
other facts as may be required by the bureau of labor statistics to be used by said
bureau: Provided, That no such special register shall be open to public inspection at
any time, and that such statistical and sociological data as the bureau of labor may
require shall be held in confidence by said bureau, and so published as not to reveal
the identity of anyone: And provided, further, That any applicant who shall decline
to furnish answers to the questions contained in special register shall not thereby
forfeit any rights to any employment the office might secure.
Se c . 4. Each such superintendent shall report on Thursday of each week to the
State bureau of labor statistics the number of applications for positions and for help
received during the preceding week, also those unfilled applications remaining on




491

492

BULLETIN OF THE DEPARTMENT OF LABOR.

the books at the beginning of the week. Such lists shall not contain the names or
addresses of any applicant, but shall show the number of situations desired and the
number of persons wanted at each specified trade or occupation. It shall also show
the number and character of the positions secured during the preceding week. Upon
receipt of these lists, and not later than Saturday of each week, the secretary of the
said bureau of labor statistics shall cause to be printed a sheet showing separately
and in combination the lists received from all such free employment offices; and he
shall cause a sufficient number of such sheets to be printed to enable him to mail,
and he shall so mail, on Saturday of each week, two of said sheets to each superin­
tendent of a free employment office, one to be filed by said superintendent, and one
to be conspicuously posted in each such office. A copy of such sheet shall also be
mailed on each Saturday by the secretary of the State bureau of labor statistics to
each State inspector of factories and each State inspector of mines. And it is hereby
made the duty of said factory inspectors and coal mine inspectors to do all they
reasonably can to assist in securing situations for such applicants for work, and
describe the character of work and cause of the scarcity of workmen, and to secure
for the free employment offices the cooperation o f the employers of labor in facto­
ries and mines. It shall be the duty of such factory inspectors and coal mine inspect­
ors to immediately notify the superintendent of free employment offices of any and
all vacancies, or opportunities for employment that shall come to their notice.
Sec . 5. It shall be the duty of each such superintendent of a free employment office
to immediately put himself in communication with the principal manufacturers, mer­
chants and other employers of labor, and to use all diligence in securing the cooper­
ation of the said employers of labor, with the purposes and objects of said employment
offices. To this end it shall be competent for such superintendents to advertise in
the columns of uaily newspapers for such situations as he has applicants to fill, and
he may advertise in a general way for the cooperation of large contractors and
employers in such trade journals or special publications as reach such employers,
whether such trade or special journals are published within the State o f Illinois or
n o t: Provided, That not more than four hundred dollars, or as much thereof as shall
be necessary, shall be expended by the superintendent of any one such office for
advertising any one year.
Sec . 6. It shall be the duty of each such superintendent to make report to the
State bureau of labor statistics annually, not later than December first of each year
concerning the work of his office for the year ending October first of same year,
together with a statement of the expenses of the same, including the charges of an
interpreter when necessary, and such reports shall be published by the said bureau
of labor statistics annually with its coal report. Each such superintendent shall
also perform such other duties in the collection of statistics of labor as the secretary
of the bureau of labor statistics may require.
Sec . 7. No fee or compensation shall be charged or received, directly or indirectly,
from persons applying for employment or help through said free employment offices;
and any superintendent, assistant superintendent or clerk, who shall accept, directly
or indirectly, any fee or compensation from any applicant, or from his or her repre­
sentative, shall be deemed guilty of a misdemeanor, and upon conviction, shall be
fined not less than twenty-five nor more than fifty dollars and imprisoned in the
county jail not more than thirty days.
Se c . 8. In no case shall the superintendent of any free employment office created
by this act, furnish, or cause to be furnished, workmen or other employees to any
applicant for help whose employees are at that time on strike, or locked out; nor
shall any list of names and addresses of applicants for employment be shown to any
employee [employer] whose employers [employees] are on strike or lockout; nor
shall such list be exposed where it can be copied or used by an employer whose
employees are on strike or locked out.
Se c . 9. The term “ applicant for employment ” as used in this act shall be con­
strued to mean any person seeking work of any lawful character, and “ applicant
for help ” shall mean any person or persons seeking help in any legitimate enter­
prise ; and nothing in this act shall be construed to limit the meaning of the term
work to manual occupation, but it shall include professional service, and any and
all other legitimate services.
Sec . 10. No person, firm or corporation in the cities designated in section 1 of this
act shall open, operate or maintain a private employment agency for hire, or where
a fee is charged to either applicants for employment or for help, without first hav­
ing obtained a license from the secretary of state, which license shall be two hundred
dollars per annum, and who shall be required to give a bond to the people of the
State of Illinois in the penal sum of one thousand dollars for the faithful perform­
ance of the duties of private employment agent, and no such private agent shall
print, publish or paint on any sign, window or newspaper publication, a name simi­
lar to that o f the Illinois free employment offices. And any person, firm or corpora­
tion violating the provisions of this act, or any part thereof, shall be deemed guilty




LABOR LAWS---- ILLINOIS-----ACTS OF 1899.

493

o f a misdemeanor, and upon conviction shall be fined not less than fifty nor more
than one hundred dollars.
Sec . 11. Whenever, in the opinion of the hoard of commissioners of labor, the
superintendent of any free employment office is not duly diligent or energetic in the
performance of his duties, they may summon such superintendent to appear before
them and show cause why he should not be recommended to the governor for
removal, and unless such cause is clearly shown the said board may so recommend.
In the consideration of such case any unexplained low percentage of positions secured
to applicants for situations and help registered, lack of intelligent interest and appli­
cation to the work, or a general inaptitude or inefficiency, shall be considered by
said board a sufficient ground upon which to recommend a removal. And if, in the
opinion of the governor, such lack of efficiency can not be remedied by reproval and
discipline, he shall remove as recommended by said board: Provided, That the gov­
ernor may at any time remove any superintendent, assistant superintendent or clerk
for cause.
Sec . 12. All such printing, blanks, blank books, stationery and postage as may be
necessary for the proper conduct or [of] the business of the offices herein created
shall be furnished by the secretary of the state upon requisition for the same made
by the secretary of the bureau of labor statistics.
Approved April 17, 1899.
IO W A .
ACTS OF 1898.
[See page 779 of Department of Labor Bulletin No. 18 for other labor legislation of 1898.]
C h a p t e r 118.—

Utilization of the labor of inmates of certain State institutions in construction of buildings, etc.

S e c t i o n 1. The governor shall, prior to the adjournment of the twenty-seventh
general assembly, nominate and, with the consent of two-thirds of the members of
the senate in executive session, appoint three electors of the State, not more than
two of whom shall belong to the same political party, and no two o f whom shall
reside at the time of their appointment in the same congressional district, as mem­
bers o f a board to be known as a “ board of control of State institutions.” * * *
S e c . 8. The board of control shall have full power to manage, control, and govern,
subject only to the limitations contained in this act, the soldiers’ home; the State
hospitals for the insane; the college for the blind; the school for the deaf; the insti­
tution for the feeble-minded; the soldiers’ orphans’ home; the industrial home for
the blind; the industrial school, in both departments; and the State penitentiaries.
*■

*■

*

S e c . 49. Contracts for the erection, repairs, or improvements of buildings, grounds,

or properties o f the institutions under charge of this board, and for which appro­
priations have been or may be made by the legislature, must be let for the whole or
any part o f the work to be performed, by the chief executive officer of the institu­
tion, subject however, to the same rules and regulations as herein provided for the
furnishing of estimates by said institution to, and the approval and revision thereof,
by the board of control. * * * On proper representations the board is author­
ized to so construct the erections, betterments and improvements at other institu­
tions [other than penitentiaries], that the work of inmates may be utilized, i f it is
found to be advantageous to the State, and a substantial saving made, but the
attempt to use such labor shall not permit a substantial departure from the require­
ments of this section ; * * *
Approved March 26, 1898.
KANSAS.
ACTS OF 1897.
[See page 826 of Department of Labor Bulletin No. 13 for other labor legislation of 1897.]
C h a p t e r 163.— Convict

labor—Sale of coal from State penitentiary coal mine regulated.

S e c t i o n 1. After the expiration of the present coal contract it shall be unlawful
for the board of directors of the Kansas State penitentiary to enter into any contract
for the sale or delivery of any coal taken out of the Kansas State penitentiary coal
mine not required for use in the various State institutions.
S e c . 2. All coal mined in the Kansas State penitentiary coal mine under the direc­
tion of the board of directors of said institution, except coal in such amounts as




494

BULLETIN OP THE DEPARTMENT OF LABOR.

shall be required for the use of the State institutions, shall he sold under the direc­
tion of said board.
S e c . 3. All acts and parts of acts in conflict with this act are hereby repealed.
Se c . 4. This act shall take effect and be in force on and after its publication in the
official State paper. But nothing herein shall be construed so as to affect any exist­
ing contracts.
Approved March 12, 1897.
Published in official State paper March 26, ' 897.
ACTS OF 1898-99, SPECIAL SESSION.
C h a p t e r 23.— Organization

and regulation of fraternal beneficiary societies, etc., certain
labor organizations excepted.

Section 16. Nothing herein contained shall apply to grand or subordinate lodges
o f any fraternal society * * * which limits its membership to a particular trade
or calling, or to the employees of a particular person, firm, or corporation.
S e c . 18. This act shall be in force from and after its publication in the statute book.
Approved January 6, 1899.
C h a p t e r 28.— Court

of visitation—Control of railroads— Strikes, etc.

S e c t i o n 1. A court of record to be known as the court of visitation, consisting of

a chief judge and two associate judges (a majority of whom shall constitute a
quorum), is hereby created. The senior judge in service shall be the chief ju d ge;
but in case two or more judges shall have served equal time the judges shall select
a chief judge. No person shall hold the office of judge who is interested in any
railroad company or any of the stocks or bonds thereof, or who is an officer or
employee of any railroad company, nor shall any such judge hold any other office
under the United States or this State, or engage in the practice of law, during his
term o f office. Any elector of the State not disqualified by the provisions of this
act shall be eligible to the office of judge of said court. The court shall adopt a
seal, which shall be furnished by the secretary of state.
Sec . 8. The court of visitation shall have power and jurisdiction throughout the
State—
*

if-

*

*

#

*

#
■

8th. To prescribe rules concerning the movements qf trains, to secure the safety
of employees and the public;
9th. To require the use of improved appliances and methods, to avoid accidents
and injuries to persons;
*

*

*

*

*

*

Sec . 42. Whenever it shall be made to appear to said court by affidavit that a
strike by the employees, or part of them, of any railroad company organized under
the laws of this State or doing business therein is obstructing commerce or the traffic
on such railroad and inconveniencing the public, or the people of any municipality,
or endangers or threatens the public tranquillity, said court shall issue a citation
requiring said corporation to appear before it, at a day and hour named, and make
answer, verified by the positive oath of an officer or agent of said corporation resid­
ing in this State and then present therein, concerning the said strike, its extent, the
cause or causes thereof, what conduct, if any, of said corporation or its officers led
to such strike, and the precise point or points of dispute between said corporation
and its striking employees. I f said answer be not made at the time fixed, or be
evasive, the court shall make a final decree as upon hearing and enforce the same as
such. I f said answer be properly made, the matter shall be without further delay
summarily heard upon evidence; and if the corporation be found free from fault in
the premises and the strike unreasonable, the court shall so find, and the said pro­
ceedings shall be dismissed; and thereupon, and upon public notice as ordered by
the court given of such decision, it shall be unlawful for said strikers or any of them
to interfere in any manner whatever, by word or deed, with any other employees
said corporation may employ and set to work. But if the court shall find that said
corporation has failed in its duty toward its employees, or any of them, or has been
unreasonable, tyrannical, oppressive, or unjust, and the strike resulted therefrom,
the court shall so find specifically, and shall enter a decree commanding such corpo­
ration to proceed forthwith to perform its usual functions for the public convenience,
and to the usual extent and with the usual facilities, as before said strike occurred;
and if said decree shall not be implicitly obeyed, in full and in good faith, the court
may take charge of said corporation’s property and operate the same through a
receiver or receivers appointed by said court until the court shall be satisfied that
said corporation is prepared to fully resume its functions; all costs to be paid by said
corporation. If, in answer to said original process ordering it to show cause as afore­




LABOR LAWS---- KANSAS---- ACTS OF 1898-99.

495

said, said corporation shall show to the court’s satisfaction that said striking employ­
ees have resumed work and said strike has ended, the proceeding shall he dismissed.
If in such answer it shall show to the court’s satisfaction that said striking employ­
ees have resumed work under an agreement to remain in said corporation’s service
pending the hearing of the proceedings, and that the corporation will abide by the
terms of said agreement, then, and only in such case, the hearing of said matter in
controversy concerning the cause or causes of said strike may be postponed on
request a reasonable time, or from time to time, while said employees so remain at
work; and upon settlement of said strike said proceedings may be at any time dis­
missed; but if said employees again quit work, said matter shall be brought to an
immediate hearing and decree, notwithstanding a pending postponement.
S e c . 43. This act shall take effect and be in force from and after the 15th day of
March, 1899, and after its publication in the official State paper.
Approved January 3, 1899.
Published in official State paper January 4, 1899.
C h a p t e r 33.— State

association of miners—Secretary of mining industries, etc.

S e c t i o n 1. Whenever five or more miners actually engaged in mining coal, zinc
or other minerals for wages shall now be organized or shall hereafter organize as a
miners’ association in any county, city or mining camp in the State, and shall
choose a delegate to the State association of miners, such delegate shall, being duly
certified by the presiding officer of such association, be admitted to and become a
member of the State association of miners until the first Monday in February next
following, and until his successor shall have been chosen and admitted: Provided,
That at any time such association may recall its delegate by choosing and certifying
his successor.
Sec . 2. On the first Monday in February, 1899, and every year thereafter, the
delegates elected to said State association of miners shall assemble at the State
capital, at an hour and place to be fixed by the secretary in his annual call therefor,
to be mailed to each association at least ten days before such assembling: Provided,
That the call for the first Monday in February, 1899, shall be issued by the commis­
sioner of labor statistics. When such delegates shall have assembled on the first
Monday in February, 1899, the commissioner of labor statistics shall preside until
the State association of miners shall have organized. The delegates present at the
time and place fixed for the said first assembly or any subsequent assembly shall be
deemed a quorum, competent to transact all business to be done. The delegates
shall elect a president, vice president, and secretary, and said secretary shall be
known officially as State secretary of mine industries, and shall be ex officio State
mine inspector, and shall collect and publish statistics of mine industries of the
State. Said officials shall constitute the executive board of said association, and
shall hold their offices until the next annual meeting and the election of their suc­
cessors ; but upon demand of the presiding officers of five associations at any time,
the president shall immediately convene the delegates by special call, issued in like
manner as the annual call, for the purpose of electing a successor to said secretary,
and if at said election another person shall receive a majority of the votes cast he
shall immediately b© entitled to succeed said secretary. One so elected may be
removed in like manner.
S e c . 3. When said delegates shall have assembled on the first Monday in February,
1899, and shall have elected said officers, the State association of miners shall be
deemed constituted, and the commissioner of labor statistics shall so declare, and
the president elected shall thereupon assume his functions, and said society shall
thereafter continue and shall be known by said designation of the State association
of miners.
S e c . 4. The term of office of the State mine inspector shall cease at noon on the
1st day of July, 1899, and said secretary shall thereupon be vested with all the
powers given to, and charged with all the duties cast upon, the State mine inspector
by any law of this State, and shall become and be in all respects the successor of
said State mine inspector.
Sec . 5. The annual report of said secretary shall be published as those of other
State officers, and he shall receive a salary of fifteen hundred dollars per annum,
payable as other State salaries are paid, and not to exceed one thousand dollars for
expenses. He may, by permission of the executive council, appoint one deputy
mine inspector, to hold at his pleasure, and to receive a salary of seventy-five dol­
lars a month, and necessary expenses, to be audited by said secretary and certified
to the State auditor for payment monthly.
Sec . 6. All laws now in force referring to the State mine inspector, not inconsistent
with the provisions of this act, shall, after the 1st day of July, 1899, be construed
to refer instead to the said secretary of mining industries.




496

BULLETIN OF THE DEPARTMENT OF LABOR.

Se c . 7. Every association desiring to be represented in said meeting on the first
Monday of February, 1899, shall, at least five days before said meeting, certify to
the commissioner of labor statistics the appointment of its delegates.
Se c . 8. This act shall take effect and be in force from and after its publication
once in the official State paper.
Approved January 6, 1899.
Published in official State paper January 11, 1899.
C h a p t e r 34 . —State society

of labor and industry— Bureau of labor and industry, etc.

Section 1. Whenever seven or more laborers, workingmen, miners of coal, zinc or
other minerals for wages, mechanics, railway laborers or other wage earners are now
organized or shall hereafter organize as a labor association or labor society, in any
county, city, or other municipality in the State of Kansas, for the purpose of col­
lecting, studying and disseminating statistics of labor and industry, or for the inves­
tigation of economic, commercial or industrial pursuits, or for the improvement and
promotion of the various branches o f labor represented by such associations or soci­
eties, or for other purposes hereinafter mentioned in this act, said association or
society shall be authorized to choose one delegate for the first fifty members or frac­
tion thereof and one delegate for each additional one hundred members or majority
fraction thereof to represent such association or society in the annual meeting of the
State society of labor and industry, and said delegate or delegates shall be duly cer­
tified under oath as elected on the above basis, by the presiding officer and secretary
o f such association or society; such delegate or delegates shall be admitted to [and]
become members of the State society of labor and industry until the first Monday in
February next following, or until their successors shall have been chosen and admit­
ted : Provided, That such association or society shall have been organized at least
ninety days, and that the officers of said association or society shall have made a
report to the commissioner of labor statistics for the previous year upon the labor
and industrial conditions, and otherwise shall have answered such interrogatories
propounded by the commissioner of labor statistics in his annual blanks: And further
provided, That at any time any such association or society may recall its delegate or
delegates by choosing their successors as herein provided for.
Sec . 2. On the first Monday in February, 1899, and every year thereafter, the
delegates elected to said State society of labor and industry shall assemble at the
State capitol, at an hour and place to be fixed by the secretary in his annual call
therefor, said call to be sent to each association or society at least thirty days before
such assembling: Provided, That the call for the first meeting, in February, 1899,
shall be issued by the commissioner of labor statistics immediately after the passage
o f this act, and he shall preside at said meeting until the State society of labor and
industry shall have organized. Every association or society desiring to be repre­
sented in said meeting on the first Monday in February, 1899, shall at least five days
before said meeting certify to the commissioner of labor statistics the election of its
delegate or delegates. The delegates present at the time and place fixed for the
said first meeting or any subsequent meeting shall be deemed a quorum competent
to transact all business to be done by said meeting under this act, and said State
society of labor and industry shall be competent to adopt and amend a constitution
and by-laws and other regulations for the government of said society and for the
promotion of the purposes of this act, not conflicting with the provisions of this
act. The delegates shall elect a president, vice president, secretary, and assistant
secretary, which officials shall constitute a State bureau of labor and industry, and
said secretary shall be ex officio commissioner of the bureau of labor and industry
and State factory inspector, and said assistant secretary shall be ex officio assistant
commissioner of said bureau, and the terms of said officers shall be as follows: The
president and vice president shall hold their offices until the next annual meeting
or until the election of their successors; the secretary and assistant secretary shall
hold their offices for two years or until their successors are elected and qualified,
unless removed by a two-thirds majority vote present at the next annual meeting.
The election o f the secretary of the State society of labor and industry and the
assistant secretary of said society shall be certified, under oath, to the secretary of
state by the president and vice president of the State society of labor and industry,
and before entering upon the discharge of their duties said officers shall subscribe
to the usual oath of office, administered by the secretary of state, and the official
terms of office of said secretary and assistant secretary shall begin July the first,
1899, and biennially thereafter, except in case o f removal. When said delegates shall
have assembled on the first Monday in February, 1899, and shall have elected said
officers, as provided in this act, the State society of labor and industry shall be
deemed constituted, and the presiding officer shall so declare, and the president and
vice president elected shall thereupon assume the functions of their offices, and said
society shall thereafter continue and shall be known by said designation of the




LABOR LAWS---- KANSAS-----ACTS OF 1898-99.

497

State society of labor and industry. The present officials of the bureau of labor
and industrial statistics shall continue to act as such officers and perform their
duties under this act until the expiration of their terms of office and until the end
of the fiscal year, June 30,1899; and the unexpended portion of the appropriation
made for the bureau of labor and industrial statistics for the fiscal year ending
June 30, 1899, is hereby transferred and made available under this act, and such
unexpended portion of said appropriation may be drawn for the original purposes
for which they were appropriated. The secretary of the State society of labor and
industry, as commissioner of said bureau, shall have an office in the State capitol
building, properly furnished for the work of said bureau, and shall perform his duties
as herein provided.
S ec . 3. It shall be the duty of the commissioner to collect, assort, arrange and
present in annual reports to the governor, to be by him biennially transmitted to
the legislature, statistical details relating to all departments of labor and indus­
trial pursuits in the State; to the subjects of cooperation, strikes, and other labor
difficulties; to trade unions and other labor organizations and their effect upon
labor and capital; to matters relating to the commercial, industrial, social, educa­
tional, moral and sanitary conditions prevailing within the State; and the exploi­
tation of such other subjects as will tend to promote the permanent prosperity of
the respective industries of the State. It shall also be the duty of the commissioner
of the bureau to cause to be enforced all laws regulating the employment of
children, minors, and women; all laws established for the protection of health,
lives and limbs of operators in workshops and factories, on railroads, and other
places, and all laws enacted for the protection of the working classes now in force
or that may hereafter be enacted. In its annual report the bureau shall also give
an account of all proceedings which have been taken in accordance with the pro­
visions of this act, or any of the other laws herein referred to, and in addition
thereto such remarks, suggestions and recommendations as the commissioner may
deem necessary for the information of the legislature.
•
S e c . 4. The commissioner is hereby authorized to furnish and deliver a written or
printed list of interrogatories to any person, company or the proper officer of any
corporation operating within the State, and require full and complete answers to
be made thereto, and returned under oath; the commissioner shall have a seal, and
have power to take and preserve testimony, to issue subpoenas, and administer
oaths, and examine witnesses under oath in all matters relating to the duties herein
required by said bureau, such testimony to be taken in some suitable place in the
vicinity to which the testimony is applicable. Witnesses subpoenaed and testifying
before the commissioner o f said bureau shall be paid the same fees as witnesses
before the district court; such payment to be made from the incidental fund of the
bureau. Any person duly subpoenaed under the provisions o f this act who shall
willfully neglect or refuse to attend, or refuse to answer any question propounded to
him concerning the subject of such examination as provided in this act, or if any
person to whom a written or printed list of interrogatories has been furnished by
said commissioner shall neglect or refuse to answer and return the same under oath,
such person or persons shall be deemed guilty of a misdemeanor, and upon complaint
of the commissioner before a court of competent jurisdiction, and upon conviction
thereof, such person or persons shall be fined in a sum not less than twenty-five
dollars nor more than one hundred dollars, or by imprisonment in the county jail,
not exceeding ninety days, or by both such fine and imprisonment: Provided, hoivever, That no witness shall be compelled to go outside of the county in which he
resides to testify. In the report of said bureau no use shall be made of the names
of individuals, firms or corporations supplying the information called for by this
act, unless by written permission, such information being deemed confidential and
not for the purpose of disclosing personal affairs, and any officer, agent or employee
of the bureau violating this provision shall forfeit a sum not exceeding five hundred
dollars or be imprisoned not more than one year.
S e c . 5. The commissioner, as State factory inspector, shall have power to enter
any factory or mill, workshop, private works or State institutions which have shops
or factories, when the same are open or in operation, for the purpose of gathering
facts and statistics such as are contemplated by this act; and to examine into the
methods o f protection from danger to employees and the sanitary conditions in and
around such buildings and places, and to make a record thereof of such inspection.
I f the commissioner as State factory inspector shall find upon such inspection that
the heating, lighting, ventilation or sanitary arrangement of any workshops or fac­
tories is such as to be injurious to the health of the persons employed or residing
therein, or that the means of egress in case of fire or other disaster are not sufficient,
or that the belting, shafting, gearing, elevators, drums, saws, cogs and machinery
in such workshops and factories are located or are in a condition so as to be danger­
ous to employees, and not sufficiently guarded, or that the vats, pans, or any other
structures, filled with molten metal or hot liquid, are not surrounded with proper




498

BULLETIN OF THE DEPARTMENT OF LABOR.

safeguards for preventing accidents or injury to those employed at or near them, he
shall notify in writing, the owner, proprietor or agent of such workshops or facto­
ries to make, within thirty days, the alterations or additions by him deemed neces­
sary for the safety and protection of the employees; and if such alterations or
additions are not made within thirty days from the date of such written notice, or
within such time as said alterations or additions can be made with proper diligence
upon the part of such proprietors, owners, or agents, said proprietors, owners or
agents so notified shall be deemed guilty of a misdemeanor, and upon complaint of
the commissioner as State factory inspector before a court of competent jurisdiction,
and upon conviction thereof, shall be fined in a sum not less than twenty-five dol­
lars nor more than two hundred dollars, or by imprisonment not more than ninety
days, or by both such fine and imprisonment.
S e c . 6. The following expressions used in this act shall have the following mean­
ings: The expression “ person” means an individual, corporation, partnership,
company, or association. The expression “ children” means minor persons under
the age of fourteen years. The expression “ minor” means a male person under the
age of twenty-one years, or a female person under the age of eighteen years. The
expression “ woman” means female persons of eighteen years of age and upward.
The expression “ factory” means any premises where steam, water or other mechan­
ical power is used in aid of any manufacturing process there carried on. The
expression “ workshop” means any premises, room, or place, not being a factory as
above defined, wherein any manual labor is exercised by way of trade, or for the
purpose of gain in or incidental to any process of making, altering, repairing,
ornamenting, finishing or adapting for sale any article or part of an article, and to
which or over which premises, room or place the employer of the person or persons
working therein has the right of access or control: Provided, however, That the
exercise of such manual labor in a private house, or a private room by the family
dwelling therein, or by any of them, or in case a majority of persons therein
employed are members of such family, shall not of itself constitute such house or
room a workshop within this definition. The aforesaid expressions shall have the
meaning above defined for them respectively in all laws of this State relating to the
employment o f labor, unless a different meaning is plainly required by the context.
S e c . 7. All State, county, township and city officers are hereby directed to furnish
said commissioner, upon his request, such statistical or other information contem­
plated by this act as shall be in their possession as such officers.
S e c . 8. The annual reports of the bureau of labor and industry provided for in
this act shall be printed in the same manner and under the same regulations as the
report of the executive officers of the State: Provided, Not less than three thousand
nor more than ten thousand copies of the report shall be printed and distributed
annually, as the judgment of the commissioner may deem best: And provided, further,
That said report shall not contain more than six hundred pages. The blanks and
other stationery required in accordance with the provisions of this act shall be
furnished by the secretary of state upon the requisition of the commissioner of said
bureau and paid for from the printing fund of the State.
S e c . 9. In addition to the assistant commissioner provided for by section 2 of this
act, the commissioner shall appoint a stenographer for the bureau, and he may also
employ special agents and such other assistants as may be necessary in the discharge
of the official duties of said bureau; such special agents and other assistants shall
be paid for the services rendered such compensation as the commissioner may deem
proper, but no such agents or assistants shall be paid more than three dollars per
day in addition to necessary traveling expenses.
i e c . 10. The compensation of officials of said bureau of labor and industry shall
S
be as follow s: Annual salary of the commissioner, one thousand five hundred dollars;
annual salary o f the assistant commissioner, one thousand two hundred dollars;
annual salary of the stenographer, seven hundred and twenty dollars; and the fur­
ther sums of eight hundred dollars for postage and expressage, and eight hundred
dollars for special agents and other assistants and one thousand five hundred dollars
for the necessary traveling and incidental expenses of the bureau shall be allowed
annually, and payable upon proper vouchers certified by the commissioner. All
salaries herein provided for shall be payable in monthly installments.
S e c . 11. Chapter 188 of the Laws of 1885 and all other acts or parts of acts incon­
sistent with the provisions of this act are hereby repealed.
Se c . 12. This act shall take effect and be in force from and after its publication
once in the official State paper.
Approved January 6, 1899.
Published in official State paper January 11, 1899.




LABOR LAWS---- TENNESSEE---- ACTS OF 1898.

499

TEN N ESSEE.
ACTS OF 1898, EXTRA SESSION.
H ouse Resolution N o . 4.— Convict labor.
W h er eas , the hoard of prison commissioners have completed the new peniten­
tiary and many shops and buildings for the employment of the convicts within the
walls as the penitentiary building fund will justify, but these buildings and appur­
tenances are not of sufficient capacity or of sufficient number to employ all the con­
victs in diversified industries contemplated by the acts governing the employment
of the convicts; and
W hereas , the board of prison commissioners desire the direction of the general
assembly; therefore
Be it resolved by the General Assembly of the State of Tennessee, That the board of
prison commissioners be, and they are hereby, authorized and directed to build,
erect, install, and otherwise secure within the prison walls or upon the prison farm
such shops, plants, factories, etc., as they shall deem necessary for the utilization of
the labor of the convicts in diversified industries, and they are authorized to use
the labor of the convicts, the product or proceeds of same, or earnings from the pen­
itentiary system, for this purpose to a sufficient extent not to exceed twenty-five
thousand dollars ($25,000).
Adopted February 1, 1898.
Approved February 1,1898.
VERM ONT.
ACTS OF 1898.
A ct N o . 51.— Labor day.
Section 1. Section 2314 of the Vermont statutes is amended so as to read as
follows:
Section 2314. The * * * first Monday in September * * * shall be legal
holidays * * *.
Sec . 2. Section 2315 is hereby amended so as to read as follow s:
Section 2315. The sixteenth day of August shall be known as Bennington Battle
Day, and the first Monday in September as Labor Day throughout this State.
Sec . 3. This act shall take effect from its passage.
Approved November 26, 1898.
U N IT E D S T A T E S .
ACTS OF 1897-98.
[See page 783 of Department of Labor Bulletin No. 18 for other labor legislation of 1897-98.]

C hapter 541.— National bankruptcy law— Wage earners, etc., not to be adjudged invol­

untary bankrupts.
Section 1. The words and phrases used in this act and in proceedings pursuant
hereto shall, unless the same be inconsistent with the context, be construed as fol­
lows : * * * (27) u wage earner ” shall mean an individual who works for wages,
salary, or hire, at a rate of compensation not exceeding one thousand five hundred
dollars per year • * * * ,
Sec . 4 a. Any person who owes debts, except a corporation, shall be entitled to the
benefits of this act as a voluntary bankrupt.
b Any natural person, except a wage-earner or a person engaged chiefly in farming
or the tillage of the soil, * * * may be adjudged an involuntary bankrupt upon
default or an impartial trial, and shall be subject to the provisions and entitled to the
benefits of this act. * * *
Approved July 1, 1898.




RECENT GOVERNMENT CONTRACTS.
[The Secretaries of the Treasury, War, and Navy Departments have consented to
furnish statements of 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:
K a n s a s C i t y , M o .— May 4,1899. Contract with L. L. Leach & Son,
Chicago, 111., for interior finish, plumbing, vault doors and linings,
gas piping, approaches, etc., for post-office and court-house, $164,550.
Work to be completed within ten months.
St . P a u l , M i n n .— May 5,1899. Contract with Butler-Ryan Com­
pany for interior finish, plumbing, and gas piping, iron stairs, elevator
inclosure, changes in interior partition walls, etc., for post-office, court­
house, and custom-house, $146,950. Work to be completed within ten
months.
St . P a u l , M i n n .—May 6, 1899. Contract with Allan Black for
boiler plant, low-pressure and exhaust steam-heating and mechanical
ventilating apparatus, cold-water supply system, fire pump, etc., for
post-office, court-house, and custom-house, $53,568.
B r o c k t o n , M a s s .— May 15,1899. Contract with Pittsburg Heating
Supply Co., Pittsburg, Pa., for heating and ventilating apparatus, etc.,
for post-office, $3,299. Work to be completed within seventy days.
500