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BULLETIN OF THE DEPARTMENT OF LABOR. NO. 13—NOVEMBER, 1897. ISSUED EVERY OTHER MONTH. EDITED B Y CARROLL D. WRIGHT, COMMISSIONER. OREN W. WEAVER, CHIEF CLERK. W A SH IN G TO N : GOVERNMENT PRINTING OFFICE. 1897. 0 OISTTEISTTS. Page. Editorial note.............................................. ................................... '.............. The Italians in Chicago......................................................... *.................... . The anthracite mine laborers, by G. O. Virtue, Ph. D .................................. Digest of recent reports .of State bureaus of labor statistics: Maryland..... ............................................................................................ New Jersey............................................................................................ .. North Carolina............. Tennessee......................................... ............... ; .................................. Tenth report on the annual statistics of manufactures in 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 689, 690 691-727 728-774 775, 776 777-780 780-782 782, 783 784-789 790-798 799-825 826-837 838 BULLETIN OF THE D E P A R T M E N T OF L A B O R . No. 13. WASHINGTON. November, 1897. EDITORIAL NOTE. In Bulletin No. 3, for March, 1896, attention* was called to certain erroneous statements being circulated in the press relative to produe tion. The effect of the note convinces me that it is wise now and then to use the pages of the Bulletin to correct false statements given on the alleged authority of the official reports of the Department of Labor. And so, hereafter, whenever the official Reports of the Department are used as authority to support false statements, attention will be called to them and the correct figures published. During the last six months the following statement has appeared in newspapers and been attributed to the Commissioner of Labor: Two hours and fifteen minutes’ daily work by each able-bodied man, if systematically applied, would produce all the food, clothing, and shelter the people need. The above statement sometimes appears in another form, as follows, and is attributed to the Department of Labor, or to the Commissioner of Labor : In 1890 the labor force of the United States, working thirty-seven and one-half days each year, could produce all the luxuries and neces sities used by the population of the United States. The foregoing statements have been very widely published and have resulted in considerable correspondence seeking to know whether or not the Department has been correctly quoted. Neither of them ema nated either from the Commissioner of Labor or from any of the official documents of the Department. 689 690 BU LLETIN OF TH E DEPARTM ENT OF LABOR. Another erroneous statement relating to the number of strikes in the United States appears in some of the most reputable papers in the country. I t is as follows: Strilcers. Year. Number. Average per strike. 4, Oil 5, 900 8,272 5, 854 12,900 23, 967 34,166 16, 951 25, 027 143 227 212 130 193 296 397 177 368 Strikes. 1879................... ......... 1880........................... 1 8 8 1 ...,............. . 3882............................ 1883............................ 1884. J....................... 1885........................... 1886............................ 1887............................ 32 27 44 47 73 81 89 96 69 Strikers. Year. Strikes. Number 1888.......................... 1889.......................... 1890.......................... 1891............. ............. 1892.......................... 1 8 9 3 .................. . 1894................... . 1895.......................... 101 126 139 132 119 131 109 126 Average per strike. 28,974 23, 322 38, 402 34,733 30, 800 32,109 27, 595 19, 307 293 187 289 271 263 253 265 153 It is impossible to find the source of this table or the disjointed and fragmentary facts from which it could possibly have been constructed. In the Tenth Annual Keport of the Commissioner of Labor (1894), relating to Strikes and Lockouts, Volume I, page 1C, there appears .the following table which contains the correct figures: STRIKES, B Y Y E A R S, J A N U A R Y 1, 1881, TO JU N E 30, 1894. Average Employees establish thrown out of employ ments to a strike. ment. Strikes. Establish ments. 1881 ...........................- ....................................................... 1882.............................. ............................................................ 1 8 8 3 .......... ....................................................................... 1884............... ............................................. ............................. 1885............................................................................................ 1886........................................................................................... 1887 ......................................................................................... 1888............. ............ ........................................................ ....... 1889.......................................................................................... 1890................................... \ ................................................... 1891 ................. ....................................... .............................. 1892..............................................................1........................... 1893..........- ....................; ......................................................... 1894 (6 months).....................- ........................... .................... 471 454 478 443 645 1,432 1,436 906 1,075 1, 833 1,717 1, 298 1, 305 896 2, 928 2,105 2, 759 2,367 2, 284 10, 053 6, 589 3,506 3, 786 9,424 8,116 5,540 4, 555 5,154 6. 2 4.6 5.8 5.3 3.5 7.0 4. 6 3.9 3.5 5.1 4. 7 4.3 3.5 5.8 129, 521 154, 671 149, 763 147,054 242, 705 508, 044 379, 676 147, 704 249, 559 351,944 298, 939 206, 671 265,914 482, 066 T o ta l................................................................1.......... 14, 389 69,166 4.8 3, 714, 231 Year. C. D. W, THE ITALIANS IN CHICAGO. The Ninth Special Report of the Commissioner of Labor, entitled The Italians in Chicago: A Social and Economic Study, is the result of an investigation commenced in April, 1896, by an agent of the Department into the social and economic condition of Italian families residing in the slum districts of Chicago. The statistics covering a year are for the year preceding the date of the visit by the agent to the respective families. In all, 1,348 families of this character were visited and information secured for the 6,773 persons embraced therein. Of this number 4,493 were born in Italy. According to the United States census of 1890 there were 5,685 persons of Italian birth in the city of Chicago at that time. The limited time and force available for this investigation made it impossible to secure individual reports from the whole Italian population of Chicago, and, indeed, such an extensive canvass was not deemed necessary. It is believed that the data secured for the 1,348 families visited is entirely representative of the conditions existing in all Italian families of a similar character in that city. The canvass was not confined to any particular portion of the city, but represents families from all sections. The fo llo w in g streets and avenues were canvassed, and each is represented by a number of families in the tables: Armour, Austin, Canal, Carpenter, Clark, De Koven, Desplaines, Erie, Ewing, Fay, Fifth, Forquer, Grand, Green, Halsted, Huron, Illinois, Indiana, Jefferson, Johnson, Kensington, Keuzie, Larrabee, La Salle, Law, Lincoln, Market, Morgan, Nineteenth, Ohio, One hundred and sixteenth, Pacific, Page, Peoria, Philip, Polk, Purple, Rockwell, Sangamon, Sebor, Sherman, Sixty-ninth, Taylor, Tilden, Twelfth, Twentieth, Twenty-fifth, Union, Wentworth, Wood. In the analysis of the tables comparisons have been made with the facts given in the Seventh Special Report of the Commissioner of Labor relating to the slums of great cities. That investigation was conducted along the same general lines as this, and embraced data for the year ending March 31,1893, for all families, of whatever nationality, living within certain boundaries, which were designed to include the typical slum element of the four cities of Baltimore, Chicago, New York, and Philadelphia. The first three tables show facts for individual persons and families, while the remaining tables are almost wholly compiled from them, and 691 692 B U LLETIN OF TH E DEPARTM ENT OF LABOR. bring the .'information given therein into a more concrete form. The analyses follow: Table 1.— General social and economic condition, by families and indi viduals.—In this table each family and individual is represented. The families are numbered from 1 to 1,348, inclusive, and a line given to each individual embraced in them. The various columns of the table give, for each individual, information as to the general social and eco nomic condition. Table I I .— General condition as to literacy and illiteracy, by families and individuals.—In this table individuals under 10 years of age are not included* but the family numbers correspond to those in Table I, and the relationship to the head of the family, sex, and age are given in likevorder, that a comparison of the facts shown in both tables may be made for each individual. Table II answers the inquiries as the ability of all persons in these families 10 years of age or over to read and write their native language and to read, write, and speak the English language. Table I I I .— School attendance, by families and individuals.—This table embraces all persons from 5 to 17 years of age, inclusive, as well as a few persons below or above these ages reported as scholars, showing for each the months of school attendance during the year and the kind of school. The family numbers are the same as for Tables I and II. Table IV .— Conjugal condition, by sex, nativity, and age.—This and the remaining tables of the report are largely in the nature of summaries of the facts already set forth in detail in the three preceding tables. Table IY deals with the conjugal condition of the persons embraced®in the investigation, showing the number of single, married, and widowed, by sex, nativity, and age. The following tables show the substantial facts to be drawn from Table I Y : PERSONS OF E A C H CONJUGAL CONDITION, B Y S E X A N D N A T IV IT Y . Conjugal condition. Males. Females. Males and females. Native Foreign Total. born. bom. Native Foreign Total. born. born. Native Foreign Total. born. born. Single................................ Married............................ W id ow ed.... .................... 1,141 3 1,012 1,726 49 2,153 1,729 49 1,089 16 382 1,255 100 1,471 1, 271 100 2,230 .19 1,394 2,981 149 3,624 3, 000 149 T otal...................... 1,144 2, 787 3,931 1,105 1,737 2, 842 2,249 4,524 p 6,773 PER CENT OF PERSONS OF EACH CONJUGAL CONDITION, B Y SEX A N D N A T IV IT Y . Conjugal condition. Males. Females. Native Foreign born. born. Total. Native Foreign born. born. Males and females. Total. Native Foreign Total. born. born. Single................................ Married ................. ........ Widowed ________ ______ 99.74 .26 36. 31 61.93 1.76 54.77 43.98 1.25 98.55 1.45 21.99 72.25 5.76 51.76 44.72 3.52 99.16 .84 30.81 65.89 3.30 53. 51 44. 29 2. 20 T o ta l..................... 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100. 00 THE 693 ITALIANS IN CHICAGO. It is here seen that 54.77 per cent of all males and 51.76 per cent of all females were single, and of all persons 53.51 per cent were single. Married males constituted 43.98 per cent of all males, while married females constituted 44.72 per cent of all females. The aggregate of married persons was 44.29 per cent of all persons. A small per cent of all persons were widowed, while it is shown that no divorced persons were found among these people. The following table, reproduced from the Seventh Special Report of the Commissioner of Labor, shows the number and per cent of persons of each conjugal condition, by sex, found in the canvass of persons of all nationalities living in typical slum sections of the four cities of Baltimore, Chicago, Rew York, and Philadelphia: NU M BER A N D PER CENT OF PERSONS OF EACH CONJUGAL CONDITION, B Y SEX, IN C ER TAIN SLUM DISTRICTS OF BALTIM ORE, CHICAGO, N E W YO RK, A N D P H IL A D E L P H IA . [From the Seventh Special Report of the Commissioner of Labor.] Males. Females. Total. Conjugal condition. Number. Per cent. Number. Per cent. Number. Per cent. BALTIMORE. Single........................................... ....... ............ Married........................................... ............... W idow ed........................ ............................... Divorced.......................................................... Not reported.................................................. 5, 283 3, 437 245 12 19 58. 73 38. 21 2. 72 .13 .21 4,826 3, 425 788 10 3 53.31 37. 84 8. 71 .11 .03 10,109 6,862 1, 033 22 22 56.01 38.02 5.73 .12 .12 T o ta l.................................................... 8, 996 100. 00 9, 052 100.00 18,048 100.00 Single............................................................... Married .......................................................... W idow ed....... ......... ................................... Divorced....................................... ’ ................. Not reported.................................................. 6, 359 3,827 193 23 249 59. 70 35. 93 1. 81 .22 2. 34 4, 859 3, 579 570 51 38 53.41 39. 34 6. 27 .56 .42 -11, 218 7, 406 763 74 2§7 56. 81 37.50 3.86 .38 1.45 T o ta l........................ ........................... 10, 651 100; 00 9, 097 100. 00 19,748 100.00 Single............................................................... Married........................................................... W idow ed........................................................ Divorced.......................................................... Not reported.................................................. 8, 614 6, 044 278 1 898 54. 40 38.17 1. 75 .01 5. 67 6, 785 5, 411 947 3 15 51.55 41.11 7. 20 .02 .12 15, 399 11, 455 1, 225 4 913 53.11 39. 51 4.22 .01 3.15 T o ta l.................................................... 15, 835 100. 00 13,161 100. 00 28,996 100.00 Single............................................................... Married............................................................ W idow ed....................................................... Divorced.......................................................... Not reported.................................................. 5, 207 3,512 154 2 248 57. 07 38. 50 1. 69 .02 2. 72 4, 264 3,152 508 2 11 53.72 39.71 6.40 .03 .14 9, 471 6,664 662 4 259 55.52 39. 06 3.88 .02 1.52 Total ..................................................... 9,123 100. 00 7, 937 100.00 17,060 100. 00 CHICAGO. NEW YORK. PHILADELPHIA. As has been stated, these figures refer to persons of all. nationalities, while the figures drawn from Table IY of the Rinth Special Report refer to persons of Italian nativity or extraction only, although the environment is very much the same in both cases. A 'comparison of 694 BU LLETIN OF TH E DEPARTM ENT OF LABOR. the figures for these two classes shows a larger per cent of married persons among the families of Italian birth, whether compared with the figures for Chicago or with those for the other cities embraced in the Seventh Special Beport. It is seen that of all persons included in the present report44.29 per cent were married, while of all persons in the Seventh Special Beport, Baltimore shows but 38.02 jier cent, Chicago but 37.50 per cent, New York but 39.51 per cent, and Philadelphia but 39.06 per cent married. The following table, taken from the Eleventh Census of the United States (1890), gives the number and per cent of persons of each con jugal condition, by sex, of the total population of Chicago: N UM BER A N D PER CENT OF PERSONS OF EAC H CONJUGAL CONDITION, B Y SEX, FOR TH E C IT Y OF CHICAGO. [From the Eleventh Census of the United States.] Males. Females. Total. Conjugal condition. Number. Per cent. Number. Per cent. N umber. Per centS in gle........................................................... 349,795 Married......................................... .................. - 205,254 W idow ed.............................. ........................ 10, 752 D ivorced............. ............................ ............ 567 2, 034 Not reported................................................. T o ta l..................................... „............. 568, 402 61.54 36.11 1.89 .10 .36 292, 515 203,069 34, 629 1,073 162 100.00 531,448 55.04 38.21 6. 52 .20 .03 642,310 408, 323 45, 381 1, 640 2,196 58.40 37.12 4.13 . 15 .20 100.00 1, 099, 850 100.00 ** This table shows that of the entire male population of Chicago at the Eleventh Census 61.54 per cent were single and 36.11 per cent were mar ried, while fQr the males embraced in the present report a much smaller per cent of single persons and a much larger per cent of married persons were found, the per cent being 54.77 and 43.98, respectively. The same condition was found to exist for the female population. Of the whole female population of Chicago, 55.04 per cent were single and 38.21 per cent were married. Of the persons included in this report, 51.76 per cent of the females were single and 44.72 per cent were mar ried. Taking the total population of Chicago into consideration, the Eleventh Census shows 58.40 per cent single and 37.12 per cent mar ried. Of those included in this report, persons of Italian birth or extraction, but 53.51 per cent were single, while 44.29 per cent were married. Of the Italians covered by the present report, 99.16 per cent of those born in this country were single persons and of those born abroad 30.81 per cent were single. A similar disproportion was found to exist in the figures shown in the Seventh Special Beport, and was there accounted for by the fact that u foreign born persons coming to this country are usually married or of marriageable age, while the native born include a great number of children who have necessarily been classed as single.” THE 695 ITALIANS IN CHICAGO. The following summary, drawn* from Table IV of the present report, shows the ages, by periods of years, subdivided by sex and nativity, of the persons embraced in this investigation: NUM BER A N D PER CENT OF PERSONS OF EA C H A G E PERIOD, B Y SEX A N D N A T IV IT Y . Males. Age periods. Females. Total. Native born. Foreign born. Native born. Foreign born. Native born. Foreign bcrn. Num Per Num Per Num Per Num Per ber. cent. ber. cent. ber. cent. ber. cent. Under 5 years........ 5 to 9 years............. 10 to 14 years......... 15 to 19 years......... 20 to 24 years......... 25 to 29 years.......... 30 to 84 years......... 35 to 39 years. . . . . . 40 to 44 years. __ 45 to 49 years__. . . 50 to 54 years 55 to 59 years__'__ 60 to G4 years.......... 65 years or over.. . . A ge not reported. . . 648 344 115 20 10 5 2 56. 64 30. 07 10. 05 1.75 .87 .44 .18 14 113 185 234 275 384 438 827 326 215 136 47 48 34 11 0. 50 4.05 6.64 8. 40 9.87 13. 78 15. 72 11.73 11, 70 7. 71 4. 88 1. 69 1.72 1.22 .39 631 326 106 24 9 5 2 2 57.11 29. 50 9.59 2.17 .82 .45 .18 . 18 20 124 150 146 185 219 234 210 156 107 80 25 44 34 3 Num Per Num Per ber. cent. ber. cent. 1.15 1,279 670 7.14 8. 64 221 8. 40 44 10. 65 19 12.61 10 13.47 4 2 12. 09 8. 98 6.16 4. 61 1.44 2. 53 1. 96 . 17 56. 87 29. 79 9. 83 1. 96 .84 .44 .18 . 09 34 237 335 380 460 603 672 537 482 322 216 72 92 68 14 0.75 5. 24 7.41 8.40 10.17 13. 33 14.85 11. 87 10. 65 7.12 4.78 1. 59 2.03 1.50 .31 Total............. 1,144 100. 00 2, 787 100. 00 1,105 100.00 1, 737 100. 00 2,219 100.00 4, 524 100.00 Taking up the total number of persons in these Italian families as shown in the total columns of the preceding table, it is seen that a very large proportion of native-born persons, 5G.87 per cent, were under 5 years of age and 29.79 per cent were between 5 and 9 years of age, making 86.66 per cent under 10 years of age. This becomes more noticeable- when compared with the following table, showing similar information for the inhabitants of the slum districts embraced in the Seventh Special Report, where the proportion of native-born persons under 5 years of age was but 21.73 per cent in Baltimore, 29.42 per cent in Chicago, 35.80 per cent in New York, and 35.92 per cent in Philadelphia, and the proportion of those from 5 to 9 years of age but 17.72 per cent in Baltimore, 17.30 per cent in Chicago, %0.69 per cent in New York, and 18.08 per cent in Philadelphia. The largest proportion of foreign-born persons in the Italian families included in the present report, 14.85 per cent, was found between 30 and 34 years of age, 60.87 per cent of all having been between 20 and 44 years of age. Of the slum population embraced in the Seventh Special Report, the largest proportion of foreign-born persons was found in each of the cities between 25 and 29 years of age, while the proportion between 20 and 44 years, though not so large as that found in the Italian families embraced in this report, was quite large, amounting to 48.12 percent in Baltimore, 55 per cent in Chicago, 54.96 per cent in New York, and 51.78 per cent-in Philadelphia. The table from the Seventh Special Report follows. 696 B U LLETIN OF TH E DEPARTMENT OF LABOR. N UM BER A N D PER CENT OF PERSONS OF EA C H A G E PERIOD, B Y S E X A N D N A T I V I T Y , IN C E R T A IN SLUM DISTR ICTS OF B AL T IM O R E , CHICAGO, N E W Y O R K , A N D P H IL A D E L P H IA . . [From the Seventh Special Report of the Commissioner of Labor.] Males. Age periods. Females. Total. Native born. Foreign born. Native born. Foreign bom. Native born. Foreign bom. Num Per Num Per Num Per Num Per Num Per Num Per ber. cent. ber. cent. ber. cent. ber. cent. ber. cent. ber. cent. BALTIMORE. Under 5 ye a rs..----5 to 9 years............. 10 to 14 years......... 15 to 19 years.......... 20 to 24 years.......... 25 to 29 years......... 30 to 34 years......... 35 to 39 years......... 40 to 44 years......... 45 to 49 years......... 50 to 54 years.......... 55 to 59 years.......... 60 to 64 years......... 65 years or over----Age not reported. . . T otal......... 5, 357 100.00 64 1.76 1,211 22.29 172 4.73 995 18.31 244 6.70 634 11.67 275 7.56 548 10.09 313 8.60 536 9.87 404 11.10 386 7.10 423 11. 62 366 6.74 311 8. 55 300 5.52 331 9.10 185 3.41 269 7. 39 105 1. 93 259 7.12 65 1. 20 185 5. 08! 38 .70 156 4.29 22 .40 211 5.80 35 .64 22 .60 .13 , 7 3,639 100. 00 5, 433100.00 28. 07 17.17 10. 60 8.94 10. 65 7. 78 5. 98 4. 41 2.13 .98 .68 .26 .30 .09 1.96 ! 2.46; 1,267 30.83 5. 75 717 17.45 6. 63, 452 11.00 8.04 442 10.76 11.29 432 10. 51 14. 90 296 7.20 12. 54 185 4.50 9. 66 136 3.31 8.49 69 1. 68 5. 51 41 1.00 4.18 22 .54 2.12 4 .10 1.76 9 ~ 22 2.43 6 .15 4.24 31 .75 1,134 917 59* 558 495 443 386 299 . 207 133 86 30 36 31 4 21.17 17.12 11.16 10.42 9.24 8.27 7. 21 5. 58 3.86 2. 48 1. 61 .56 .67 .58 .07 CHICAGO. Under 5 years.......... 5 to 9 years.............. 10 to 14 years.......... 15 to 19 years......... 20 to 24 years.......... 25 to 29 years......... 30 to 34 years......... 35 to 39 years.......... 40 to 44 years.......... 45 to 49 years.......... 50 to 54 years......... f>5 to 59 years.......... 60 to 64 years......... 65 years or over----Age not reported. . . Total . . . . ----- l, 202 735 454 383 456 333 256 189 91 42 29 11 13 4 84 157 366 422 512 719 949 799 615 541 351 266 135 112 155 270 51 1.41 169 4.67 204 5.64 359 9.92 404 11.16 403 11.14 345 9.53 259 7.16 300 8.29 237 6. 55 253 6.99 167 4. 61 173 4. 78 292 8.07 3 .08 2,345 1,912 1, 232 1,106 1,031 829 752 599 392 238 151 21.73 17.72 11.42 10.25 9.56 7. 68 6. 97 5. 55 3.63 2. 21 1.40 .63 . 54 .61 -r. 10 115 1.59 341 4.70 448 6.17 634 8.74 717 9.88 807 11.12 768 10.58 570 7.85 631 8. 69 506 6.97 512 7,05 352 4.85 329 4.53 503 6.93 25 .35 3,619 100.00 10, 790 100. 00 7,258 100.00 139 2. 79 318 6. 38 407 8.16 551 11.05 608 12.19 690 13.83 495 9. 92 449 9.00 382 7. 66 279 5. 59 220 4.41 127 2.55 108 2.16 158 3.17 .57 1.14 68 58 66 11 2, 469 1. 452 906, 825 888 629 441 325 160 83 51 15 22 10 115 29.42 17. 30 10.80 9.83 10. 58 / 7. 50 5. 26 3. 87I 1.911 .99 . 61 .18 .26 .12 1.37 4, 282100. 00 6,369 100.00 4,109 100. 00 4, 988 100. 00 Under 5 years.......... 1,902 33. 49 5 to 9 years.............. 1,117 19. 67 10 to 14 years........... 626 11.02 15 to 19 years.’. ........ 431 7.59 20 to 24 years........... 356 6.27 25 to 29 years........... 284 5.00 30 to 34 y e a r s ...----174 3.06 35 to 39 years........... • 116 2.04 40 to 44 years........... * 65 1.14 45 to 49 years........... 30 .53 50 to 54 years............ 23 .40 55 to 59 years........... 10 .18 60 to 64 years........... .16 9 .12 65 years or over----7 A ge not reported. . . 530 9.33 209 2. 06 441 4. 34 616 6. 07 748 7. 37 950 9. 35 1, 307 12.87 1,333 13.13 1,141 11. 24 983 9.68 581 5.72 508 5.00 246 2. 42 230 2. 26 213 2.10 649 6. 39 1, 982 1,128 604 529 317 216 147 102 64 27 18 10 8 5 13 192 2.40 3,884 35.80 441 5. 52 2, 245 20. 69, 573 7.17 1, 230 11. 34 776 9. 71 960 8. 85 942 11. 79 673 6.20 500 4. 61| 960 12. 01 908 11. 36 321 2. 96 792 9.91 218 . 2. Ol! 658 8. 23 129 1.19 503 6. 30 57 .52 408 5.11 41 .38 279 3.49 .i s ; 20 263 3. 29 .!6 , 17 225 2.82 12 .ll| 71 543 5. 00 .89 7,991 100.00 10,850 100.00 296 2.61 684 6.02 829 7.30 1,063 9.36 1,327 11.68 1,639 14.43' 1,294 11.39 1,064 9. 37 923 8.13 630 5.55 486 4.28 262 2.31 220 1. 94 313 2. 75 327 2.88 8,391 100.00 11,357 100.00 NEW YORK. T otal............. 5,680 100. 00 10,155100. 00 38. 34 21.82 11. 68 10. 23 6.13 4.18 2. 84 1.97 1.24 .52 .35 .19 .16 .10 .25 5,170 100.00 1 PHILADELPHIA. Under 5 years.......... 5 to 9 years............. 10 to 14 years........... 15 to 19 years........... 20 to 24 years........... 25 to 29 years........... 30 to 34 years........... 35 to 39 years........... 40 to 44 vears........... 45 to 49 years........... 50 to 54 years......... 55 to 59 years-----. . . 60t o 64 years-----. . . 65 years or over----A ge not reported... T o ta l............. 1,192 35. 92 618 18. 62 322 9. 70 263 7. 92 232 6. 99 172 5.18 152 4. 58 136 4.10 71 2.14 40 1. 21 33 1.00 .63 21 .42 14 26 .78 .81 27 3, 319 100.00 137 2. 36 374 6. 44 448 7. 72 487 8. 39 629 10.84 760 13.09 698 12. 03 547 9.42 467 8.05 287 4. 95 280 4.82 138 2. 38 118 2. 03 126 2.17 308 5. 31 5,804 100. ooj 1,232 35. 93 602 17. 56 329 9. 59 258 7.52 272 7.93 187 5.45 153 4.46 125 3. 65 71 2.07 53 1.55 31 .90 i 70 24 .50 17 35 1. 02 40 1.17 3,429 ICO. 00 139 3. 08' 350 7. 76, 410 9.10 525 11.65 568 12. 60 545 12. 09 437 9.69 385 8. 54 303 6. 72 233 5.17 194 4. 30 106 2. 35 128 2.84 141 3.13 .98 44 4, 508 10 0. 00 2,424 35. 92^ 1,220 18. 08 651 9. 65 521 7. 72 504 7.47, 359 5. 32 305 4. 52 261 3.87 142 2.10 93 1.38 64 .95 45 .67 31 .46 61 .90 .99 67 6, 748100. 00 401 882 1,189 1, 524 1, 892 2,267 2, 241 1, 933 1,641 1, 084 916 525 493 438 720, 2,21 4.86 6.55 8.40 10.43 12.49 12. 35 10.65 9.04 5.98 5. 05 2.89 2.72 2.41 3. 97 18,146100. 00 • i 276 2 68 724 7. 02 858 8. 32 1,012 9.81 1,197 11.61 1, 305 12.65 1,135 11.01 932 9.04 770 7.47 520 5.04 474 4.60 244 2.37 246 2. 38 267 2. 59 352 3.41 ’ 10, 312 100.00 THE ITALIANS IN CHICAGO. 697 The following table, compiled from the Eleventh Census of the United States, shows similar facts for the total population of Chicago: NUM BER A N D PER CENT OF PERSONS OF EA C H A G E PERIOD, B Y S E X A N D N A T IV IT Y , OF T H E TO TA L POPULATION OF CHICAGO. [From the Eleventh Census of the United States.] Females. Males. Age periods. Total. Native born. Foreign born. Native bom. Foreign born. Native born. Foreign born Num Per Num Per Num Per Num Per Num Per Nuin- Per ber. cent. ber. cent. ber. cent. ber. cent. ber. cent. ber. cent. Under 5 years.......... 5 to 9 years............. 10 to 14 years.......... 15 to 19 years......... 20 to 24 years......... 25 to 29 years.......... 30 to 34 years......... 35 to 39 years......... 40 to 44 years......... 45 to 49 years------50 to 54 years......... 55 to 59 years.......... 60 to 64 years......... 65 years or over----Age not reported .. 68,619 50,908 36*645 34, 376 34, 830 30,937 25, 562 16, 253 10, 354 7,308 5,192 3, 056 2, 214 2, 761 1,864 20.74 15. 39 11.07 10. 39 10.53 9. 35 7. 73 4.91 3.13 2.21 1.57 .92 .67 .83 .56 2,571 7,489 11, 876 13, 643 26, 216 35, 891 33, 643 26, 732 22,726 18, 745 14, 269 8 , 516 6, 900 7, 806 500 1. 08 67,187 21.04 3.15 5. 00 5. 74 11.04 15.11 14.16 11.25 9. 57 7.89 6 . 01 3.59 2. 91 3. 29 50,848 37, 357 37, 063 35, 620 28, 916 21, 289 13, 352 8 , 518 6, 092 4. 465 2, 693 2,139 3,178 626 .21 2, 406 1.14 135,806 7,401 3.49 101,756 11, 946 5.63 74,002 15,390 7.26 71, 439 28, 364 13. 37 70, 450 30, 997 14. 61 59, 853 24, 951 11. 76 46,851 20, 825 9. 82 29, 605 18,437 8. 69 18, 872 14, 983 7. 06 13, 400 12, 336 5.82 9, 657 8,112 3.83 5, 749 6, 993 3. 30 4,353 8, 726 4.11 5, 939 .20 238 .11 2, 490 15. 92 11.70 11.61 11.15 9.05 6.67 4.18 2. 67 1.91 1.40 .84 .67 .99 20.89 15.65 11.38 10. 99 10. 83 9. 21 7. 21 4.55 2. 90 2. 06 1.49 .88 .67 .91 .38 4,977 14,890 23^ 822 29, 033 54, 580 66, 888 58, 594 47, 557 41,163 33, 728 26, 605 16, 628 13, 893 16, 532 738 1.11 3.31 5.30 6.46 12.14 14.87 13. 03, 10.58 9.15 7. 50 5. 92 3.70 3.09 3.68 .16 T otal............. 330,879 100. 00 237, 523 100.00 319,343 100.00J212,105 100.00^650, 222 100.00 449, 628jl00.00 Table Y .— P lace o f birth , b y se x . —This table shows the province or country where born for all persons embraced in the -investigation. A very few of the foreign-born persons (less than one-half of 1 per cent) found in these families were of other than Italian origin. According to the Eleventh Census of the United States, there were 5,685 persons of Italian birth in the city of Chicago. As many as 4,493 persons of Italian birth were found in the families embraced in this report; 2,249 were born in the United States, while 31 were born in other countries. Of the 66.33 per cent of persons of both sexes born in Italy, the largest proportion, 18.28 per cent, were born in the province of Campania. Basilicata follows with 17.78 per cent, Calabria with 12.68 per cent, Sicily with 7.83 per cent, Abruzzo with 5.18 per cent, etc. Those born in the United States, mainly children, constituted 33.20 per cent of all persons found in these families. Table V I . — N u m b er and size o f fa m il ie s , by hind o f f a m i l y . —Three classes or kinds of families were found in gathering the data for the Mnth Special Beport, viz, private families, cooperative families, and boarding and lodging houses. Every group of individuals living under one roof and bearing some relation to one head, whether of kin or not, has, according to the usual custom, been termed a family. In addition to the private or normal family, in which all or most of its members are related by ties of blood, and the boarding and lodging house, there has been found, among these Italians, the cooperative family. The cooper ative family is composed of a number of persons, usually males, living together and sharing the household expenses. Very frequently they do their own cooking and housework. Table VI shows the number and 698 BULLETIN OF THE DEPARTMENT OF LABOR. per cent of families of eacli size, from one to eighteen persons, subdi vided as to the kind of fdmily, as described above. Of the 1,348 fami lies investigated, 1,265, or 93.34 per cent, were private; 68, or 5.05 per cent, were cooperative, and 15, or 1.11 per cent, were boarding and lodg ing houses. Taking into consideration all families of whatever kind, it was found that those consisting of 4 persons predominated, embrac ing 20.55 per cent of all families; those of 5 persons follow, embracing 19.51 per cent, while those of 6 persons embraced 13.43 per cent, and those of 3 persons, 12.02 per cent. The average size of all families in the present report is 5.02 persons. In the Seventh Special Report, in which slum families of various nation alities were included, the average size of the family was, in Baltimore, 4.4& persons; in Chicago, 5.09 persons; in hTew York, 4.90 persons, and in Philadelphia, 5.15 persons. The average size of all families in* Chicago, according to the Eleventh Census of the United States, was 4.99 persons. The figures for the Italian families included in the pres ent report do not, then, differ materially in respect to size of family from what has been shown in the Seventh Special Report and in the Eleventh Census. . .. Table V I I .— N a tiv ity o f p a r e n ts .—This table classifies the nativeborn and foreign-born persons included in this investigation according to parent nativity, with specified place of birth. The following table, showing the number and per cent of persons of each parent nativity, brings the figures into more convenient form for comparison: NUM BER A N D PER CENT OF PERSONS OF EA C H P A R E N T N A T IV IT Y . Birthplace of— Father. Mother. United States......... United States......... United Stated......... Ahruzzo . . . . . . . . . . . Abruzzo................... Abruzzo.... .............. A p u lia ____ _______ Basilicata........... ..... Basilicata................. Basilicata................. Basilicata........... . Basilicata................. Basilicata................. Basilicata............. . Basilicata................. Calabria .1 ............:. Calabria................ Calabria................... Calabi i a .................. Calabria.................... Campagua di Roma. Campagnadi Roma. Campania................ Campania............... . Campania................. Campania................. Campania................. Campania................. Campania............... . Campania................. Em ilia....................... Liguria..........s......... Liguria..................... L igu ria ..................... United States........ Basilicata............... L igu ria................... Abrnzzb______ .. Basilicata............... Campania________ A p u lia..................... A b ru zzo_____ . . . . Basilicata..... .......... Campania.............. Lombardy__ _____ S icily....................... Germany."___ . . . . . Ireland................... Sweden..................... United States____ A b ru zzo............ Basilicata________ Calabria_________ Campania. __ United States . Campagnadi Roma United States........ A b ru zzo______ . . . Basilicata............__ Calabria................... Campagna di Roma Campania............... S icilv...................... Ireland ................... E m ilia................. . United States........ Basilicata............... L igu ria................... Native born. Foreign born. Total. Number. Per cent. Number. Per cent. Number. Percent. 3 1 4 117 2 4 4 715 0.14 .04 .18 5.20 .09 8 .18 . 18 31.79 ; 36 5 5 .22 .22 2 1 1 2 2 . 09 .04 .04 .09 .09 ■' .62 8 . 89 . 04 i 04 .14 . 14 .09 2.31 .27 . 09 30.15 .31 . 18 .62 14 2001 1 3 3 2 52 6 2 678 7 4 14 6 3 73 3 1 365 8.07 1 12 . 02 .27 1,195 26.41 1 .02 859 1 6 18.99 2 1 16 4 1, 910 0.05 .01 .08 7.12 . 03 .0 1 .24 . 06 28. 20 8 .12 5 .07 ./09 .03 6 2 1 1 2 2 14 1,059 .02 2 1 .13 9 3 2 .0 1 .0 1 . 03 . 03 .21 15. 64 . 03 101 .13 .05 .03 . 89 8 . 18 1 .02 60 7 .1 0 1, 238 27.36 1,916 . 03 28. 29 32 .71 46 .68 6 105 2. 32 178 .09 . 05 2. 63 .27. 14 3. 25 4 482 2 7 4 3 .10 .06 THE ITALIANS IN CHICAGO. 699 NUM BER A N D PER CENT OF PERSONS OF EAC H P A R E N T N A T I V I T Y —Concluded. Birthplace of— Liguria........... Lombardy----Lombardy---Lombardy----Lombardy — Lombardy----Marches. . — Marches........ Piedmont____ Sicily............. Sicily............. Tuscany......... Tuscany......... Tuscany........ Tuscany......... Venetia.- . . . . Venetia........... Venetia......... . France............ Germ any-----Ireland........... Ireland........... Sweden......... . Not specified. Not specified. Total Native horn. Foreign born. Total. Number. Percent. Number. Per cent. Number. Percent. Father. Sentln/nd................. Basilicata _________ Emilia ..................... L igu ria................... Lombardy............... Piedmont............... Basilicata............... Marches ................. Piedmont............... Basilicata......... . ‘ S icily...................... L igu ria............. ..... T uscany__ . . . . . . . France..................... Not specified......... United States........ L iguria................... Venetia ............. ..... France..................... Germany......... ..... . United States........ Ireland.................... Sweden ................... Campania............... Not specified.......... 1 9 1 2 17 3 1 1 2 213 4 29 3 2 1 10 2 1 0. 04 .40 . 04 .09 . 76 .14 .04 . 04 . 09 9.47 . 18 1. 29 .14 .09 .04 .44 .09 .04 1 1 . 04 .04 2, 249 100. 00 1 12 0. 01 2 .03 10.97 .06 1.61 1 0.02 10 36 .80 2 4 7 .05 .09 .15 53 3 3 4 8 530 11.72 80 4 1. 77 .09 1 .02 29 3 .64 .07 1 .02 1 1 .02 .02 4, 524 100. 00 743 4 109 7 1 1 39 .78 .05 .05 .06 .12 .10 .01 2 3 3 1 1 1 11 6 , 773 - .03 .01 .58 .05 .01 .01 .01 100. 00 In Table V, showing the place of birth of persons included in the present investigation, it was seen that the largest proportion were born in Campania, that province being followed by Basilicata, Calabria, Sicily, Abruzzo, etc. In the table immediately preceding, giving the birthplace of the parents of those shown in Table V, it is seen that Campania also shows the largest proportion, 28.29 per cent, and is fol lowed by Basilicata with 28.20 per cent, Calabria with 15.64 per cent, Sicily with 10.97 per cent, Abruzzo with 7.12 per cent, etc. Table V I I I .— R ela tion sh ip to head o f f a m i l y , b y n a tiv ity and s e x .— Native-born persons, foreign-born persons, and native and foreign born persons combined are in this table classified according to their relation ship to the head of the family in which they reside, and further classi fied by sex. The table shows that of the native-born persons living in these Italian families 95.02 per cent were children of the heads of their respective families. This is accounted for in the same manner as the disproportion existing between the number of native and foreign born single and married persons in the analysis to Table T V . It was stated there that foreign-born persons^coming to this country are usually mar ried or of marriageable age, while the native born include a great number of children. Native-born heads of families and their wives constituted less than 1 per cent of all native-born persons living in these families. Of foreign-born persons, however, 54.07 per cent were heads of families and their wives, while sons and daughters of the Lead constituted but 20.07 per cent of all foreign born. Considering the facts for both native and foreign born persons combined, heads of families and their wives constituted 36.35 per cent of all persons, their sons and daughters 44.96 per cent, the remainder being fathers and 700 BULLETIN OF THE DEPARTMENT OF LABOR. mothers, brothers and sisters, uncles and aunts, nephews and nieces, cousins, boarders, lodgers, persons belonging to cooperative families, etc. Table I X .—Foreign-born voters and aliens, by years in the United States.—This table classifies all foreign-born males 21 years of age or over embraced in these families as voters or as aliens, and gives the number of years they have been in the United States. All males of foreign birth 21 years of age or over, not naturalized, have been con sidered aliens. A residence of five years in the United States is neces sary for a person to become a voter in the State of Illinois. Of the foreign:born males 21 years of age or over who had been in the United States five years, 45 per cent were voters. Of those who had been in the United States a greater number of years, the proportion of voters was considerably larger, and taking into consideration all persons Included in the table, 53.81 per cent were voters and 46.19 per cent were aliens. According to the Eleventh Census of the United States, 31.27 per cent of all foreign-born males 21 years of age or over in Chicago were aliens. The considerably larger proportion of aliens among the Italians embraced in this investigation, 46.19 per cent, shows that per sons of this class to quite a large extent have not taken advantage of the privilege of becoming naturalized citizens of this country. An even larger proportion, 52.51 per cent, of the foreign-born persons 21 years of age or over included in the Seventh Special Report were classed as aliens in Chicago. There were 1,012 aliens in the Italian families included in this inves tigation and a partial report was secured as to whether naturalization papers had been taken out. Of a total of 939 persons reporting as to this fact, 132, or 14.06 per cent, reported that they had taken out such papers preliminary to becoming citizens of the United States, while 807, or 85.94 per cent, reported that they had not taken out naturaliza tion papers. Table X .— Weekly earnings and hours of work, by occupation and sex.— This table shows the various occupations engaged in by the- persons composing the Italian families canvassed, arranged under the following general industry heads: Agriculture, fisheries, and mining; profes sional; domestic and personal service; trade and transportation; man ufactures and mechanical industries; nonproductive; housewives and at work, and scholars and at work. The number and the sex of persons working at each occupation are shown, together with their average hours of work per week and their highest, lowest, and average weekly earnings while employed. It is unfortunate that the information as to working hours and earnings was so often impossible to secure, and is, consequently, not reported in the table. It is believed, however, that the data given on these points are representative and afford a very fair idea of the conditions that exist. It is interesting to note the occupations most frequently followed by the persons composing these families: Under the general industry heading of agriculture, fisheries, and mining, 28 worked as quarrymen; under professional, musicians 701 THE ITALIANS IN CHICAGO. and organ grinders numbered 62; under domestic and personal service were found 797 laborers, 126 street sweepers, 73 bootblacks, 45 barbers, 32 sewer diggers, 23 pavers, 22 saloon keepers, and 18 scissors grinders; under trade and transportation, 186 worked as rag and paper pickers, sorters, etc., 154 as small peddlers, 119 as railroad laborers, 78 as news boys, news dealers, etc., 32 as small merchants or dealers in various lines, 20 as salesmen, 15 as teamsters, and 14 as wood pickers; under manufactures were found 60 hod carriers, 38 candy makers and candy factory employees, 26 pants makers and finishers, 22 mosaic layers, 19 tailors and tailoresses, 16 shoemakers, and 14 tinkers; under the head of nonproductive (by far the largest), 1,689 were classed as at home, which in this table means all persons 9 years of age or under who were not at school and unemployed during the year; 1,044 were housewives and 113 were engaged in housework without pay; 361 were classed as having no occupation, and include those 10 years of age or over who were unemployed twelve months and who were not at school during the year, and 876 were scholars. Under the division of housewives and at work, which includes those performing their household duties and, in addition, engaging in work for pay, were found 188 persons. The occupations most common to them were the making and finishing of pants and other garments, dressmaking, washing, and wood, coal, and rag picking. Under the division of scholars and at work were 112 persons who, in addition to attendance at school, were engaged in selling papers, blacking shoes, peddling, etc. It is seen that the occupations are generally those requiring but a low grade of intelli gence and little skill or muscular strength. The following table, drawn from Table X, shows the number and per cent of persons, by groups of occupations: NUM BER A N D PE R CENT OF PERSONS, B Y GROUPS OF OCCUPATIONS. Males. Females. Total. Groups of occupations. Num ber. Per cent. Agriculture, fisheries, and mining............. ... Professional.......................................................... Domestic and personal service........................ Trade and transportation.................................. Manufactures and mechanical industries.' -. Nonproductive........•-.......................................... Housewives and at w o r k .............................. Scholars and at work........... ■............................. 32 63 1,194 655 306 1,581 100. 00 100 89. 29 12 Total............................................................ 3, 931 58. 04 2, 842 95. 45 99.17 95. 34 81.82 38. 47 Num ber. Per cent. Num ber. 32 3 10 32 68 2, 529 188 4. 55 .83 4.66 18.18 61.53 100. 00 10. 71 66 1, 204 687 374 4,110 188 112 41.96 1 6 ,773 1 Per cent. Per cent under each group. 100. 00 100. 00 100. 00 100. 00 100.00 100.00 100. 00 100. 00 0.47 .98 17. 78 10.14 5. 52 60.68 2. 78 1.65 100. 00 100.09 According to this table, the nonproductive class included 60.68 per cent of all the persons in the families canvassed. Less than 1 per cent of all were engaged in agriculture, fisheries, and mining or in profes sional work. Those engaged in domestic and personal service consti tuted 17.78 per cent of all, those engaged in trade and transportation 10.14 per cent, those engaged in manufactures and mechanical indus1453—Xo. 13---- 2 702 BULLETIN OP THE DEPARTMENT OF LABOR. tries 5.52 per cent, while those who were engaged in some work in addition to their household duties constituted 2.78 per cent, and those engaged in some work besides going to school, 1.65 per cent. The small proportion of women at work at gainful ocqupations is quite noticeable. In domestic and personal service, less than 1 per cent were females; in trade and transportation, but 4.66 per cent of all embraced under that head were females, and in manufactures and mechanical industries 18.18 per cent were females. The following table, taken from the Seventh Special Beport of the Commissioner of Labor, relating to the population of typical slum sec tions of four cities, is reproduced for comparison with the preceding table relating to the Italian families embraced in the present report: NUM BER A N D PER CENT OF PERSONS IN C E R T A IN SLUM DISTRICTS OF B A L T I MORE, CHICAGO, N E W YORK, A N D PH ILA D E L P H IA , B Y GROUPS OF OCCUPATIONS. [From the Seventh Special Report of the Commissioner of Labor.] Males. Groups of occupations. Females. Num ber. Per cent. Num ber. Per cent. 63 95 82.89 84.82 82.92 90.11 70. 72 31. 80 13 17 347 183 873 7, 234 384 17.11 15.18 17. 08 9.89 29.28 68. 20 llOO. 00 25. 00 9, 052 | 50.16 Total. Num Per ber. • cent. Per cent under each group. BALTIMORE. Agriculture, fisheries, and mining................. Professional......................................................... Domestic and personal service...................... Trade and transportation................................ Manufactures and mechanical industries... Nonproductive (not gainful).......................... Housewives and at work...................... Scholars and at w o r k ....................................... Total............................................................ 1,686 1,668 2,109 3, 373 3 | 75.00 8, 996 | 49.84 1 76 2,032 1,851 2,982 10, 607 384 4 100.00 100.00 100. 00 100.00 100. 00 100.00 100. 00 100. 00 0.42 .62 11.26 10. 26 16. 52 58.77 2.13 18, 048 100.00 100. 00 .05 .96 14.29 11. 29 14. 69 57. 04 .89 .79 112 .02 CHICAGO. Agriculture, fisheries, and mining ................ Professional.......................................................... Domestic and personal service...................... Trade and transportation................................ Manufactures and mechanical industries.. . Nonproductive (not gainful)................. ......... Housewives and a t work________ __________ Scholars and at work......................................... T o t a l ........................................................ 94 60. 26 7,512 176 62 39. 74 100. 00 100. 00 100.00 2,230 100.00 2, 901 ' 100. 00 11, 265 100. 00 176 100. 00 156 100. 00 10, 651 53.93 9, 097 46. 07 19, 748 100.00 100.00 27 237 3,454 2, 878 2, 930 6, 266 96.43 90. 80 88 . 52 90.93 67.17 37.83 1 3. 57 9. 20 11.48 9. 07 32.83 62. 17 100. 00 47. 56 28 261 3, 902 3,165 4,362 16,562 634 82 100. 00 100.00 100. 00 100. 00 100. 00 100. 00 100. 00 100. 00 .90 13.46 10. 91 15.04 57.12 2.19 .28 10 100.00 169 2,376 2,014 2, 235 3, 753 89. 42 84. 23 90. 31 77. 04 33. 32 10 20 445 216 666 10. 58 15.77 9. 69 22.96 66.68 100.00 189 2 , 821 NEW YORK. Agriculture, fisheries, and mining................. Professional............... ......................................... Domestic and personal service......................... Trade and transportation.................................. Manufactures and mechanical industries - .. N onproductive (not gainful)............................ Housewives and at work.. . . . . . . . . . . . . . . . . . Scholars and at work......................................... Total................................................... . .10 43 52.44 24 448 287 1, 432 10,296 634 39 15,835 54. 61 13,161 45. 39 28, 996 100. 00 100.00 13 135 1,625 1,740 2,286 3,305 92.86 88.82 82. 40 91.48 77.60 33.71 1 7.14 11.18 17. 60 8.52 22.40 66. 29 19 65.52 10 34. 48 14 152 1,972 1,902 2,946 9, 803 242 29 100.00 100.00 100. 00 100. 00 100.00 100.00 100. 00 100. 00 .08 .89 11.56 11.15 17. 27 57.46 1.42 .17 9,123 53.48 7,937 46. 52 17, 060 100.00 100.00 PHILADELPHIA. Agriculture, fisheries, and mining................. Professional........... ............................................. Domestic and personal service........................ Trade and transportation.......................... . . . . Manufactures and mechanical industries... Nonproductive (not gainful).......................... .' “ Housewives and at work Scholars and at work......................................... Total............................................................ 17 347 162 660 6, 498 242 100.00 THE ITALIANS IN CHICAGO. 703 A comparison of these two classes of slam residents shows a uni formly smaller proportion of Women at work among the families of Italian origin. From 11.26 to 14.29 per cent of the persons embraced in the Seventh Special Eeport were employed in domestic and personal service, the largest per cent, 14.29, being for Chicago, while 17.78 per cent of the persons included in the present report were employed under this industrial group. The proportions engaged in trade and transportation do not differ greatly, but while the Seventh Special Eeport shows 1G.52 per cent engaged in manufactures and mechanical industries in Baltimore, 14.69 per cent in Chicago, 15.04 per cent in New York, and 17.27 per cent in Philadelphia, but 5.52 per cent of the persons in these Italian families fall in this group. The proportion of nonproductive persons is seen to be uniformly smaller for the persons embraced in the Seventh Special Eeport. The following two summaries, taken from Table X, show for each group of occupations the average weekly earnings and average hours of work per week of persons engaged in remunerative occupations. As Table X show7s, a large number of persons engaged in productive or remunerative occupations did not report earnings or hours of work. The following summaries, of course, deal only with those who reported. Out of a total of 2,663 persons engaged in remunerative occupations, 2,420, or 90.87 per cent, reported as to earnings, and 1,820, or 68.34 per cent, reported as to hours of work: A V E E A G E W E E K L Y EA E N IN G S OF PEESONS ENGAG ED IN E E M U N E E A T IV E OCCTJPATIONS. Groups of occupations. Agriculture, fisheries, and mining......... Professional................................................. Domestic and personal service................. Trade and transportation.......................... Manufactures and mechanical industries and fit work. ___________ _ Males. Females. Number Average Number Average report weekly ing- earnings. 32 52 1,115 562 297 $7. 64J 5. 09* 7. 27§ 4. 47 8. 25i Scholars and at work....................., ............ 96 2. 29 T otal.................................................... 2,154 6.41 report ing. 3 8 26 64 153 12 Total. Number Average weekly report weekly ing. earnings. earnings. $3. 00 2 . 28J 2.15 3.02 1.72 1.95 32 55 1,123 588 361 153 108 $7. 644 4. 98 7. 234 4.37 7. 33 1. 72 2.25 2 .11 4 2,420 5. 934 266 A V E R A G E HOUKS OF W O E K PEE W E E K OF PEESONS EN G AG ED IN E E M U N E E A T IV E OCCUPATIONS. Males. Groups of occupations. Agriculture, fisheries, and m ining.. . . . . . Professional.................................................. Domestic and personal service................. Trade and transportation.......................... Manufactures and mechanical industries Housewives and at work............................ Scholars and at w ork.................................. T otal.................................................... Females. Total. Average Average Average Number Number Nnmber report hours of report hours of report hours of work per work per work per ing. ing. ing. week. week. week. 26 24 1,024 333 248 , 6G 1,721 59.8 52.0 62.1 56.2 55.5 51.1 8 39.0 46. 1 54.6 52.1 44.9 59.4 99 51.2 2 15 34 40 26 24 1,026 348 282 40 74 §9.8 52.0 62.1 55.8 55 3 52.150.4 1,820 59.0 T04 BULLETIN OF THE DEPARTMENT OF LABOR. It is seen that the highest earnings, $7.64J per week, were made by those engaged in agriculture, fisheries, and mining, although but 32 persons reported under this class. In manufactures and mechanical industries, with 361 persons reporting, the average earnings were $7.33 per week; in domestic and personal service, with 1,123 persons report- > ing, they were $7.23£ per week. The average earnings for the 2,420 persons reporting in all industrial groups were $5.93J per week. The average hours of work in the seven groups are shown to have varied from 50.4 to 62.1 per week, the average for all groups being 59 hours. The following summaries, from the Seventh Special Report, relating to typical slum sections of Baltimore, Chicago, New York, and Phila delphia, enable us to institute a comparison <as to earnings and hours of work between the Italian families just mentioned and slum residents of various nationalities: A V E R A G E W E E K L Y E A R N IN G S OF PERSONS EN G AG ED IN R E M U N E R A T IV E OCCU P A T IO N S IN C E R T A IN SLUM DISTR ICTS OF BALTIM O RE, CHICAGO, N E W YORK, A N D P H IL A D E L P H IA . [From the Seventh Special Report of the Commissioner of Labor.] Females. Males. Groups of occupations. Total. Number Average Number Average Number Average report weekly weekly report Weekly report ing. ing. earnings. ing. earnings. earnings. BALTIMORE. A g r ic u lt u r e , fisheries, an d m i n i n g .......... Professional.................................................. Domestic and personal service................. Trade and transportation.......................... Manufactures and mechanical industries Housewives and at work.......................... Scholars and at w ork.................................. T otal...........................- ........................ 61 78 1,654 1, 592 2,037 3 $5.49 15.57 9.00 11.58* 9.27* 3.00 5,425 9.91* 8 10.93*. 15.30* 9.93 11.03 11. 79* 13 17 332 176 854 378 $3. 73 9.02 4.41* 7.11* 4.49 4. 62* 3. 00 74 95 1,986 1, 768 2, 891 378 4 $5.18 14.40 8 . 23* 11.14 7.86 4.62* 3.00 4.80 7,196 8.65* 8 14.09* 5.97 5.90 5.53 4.71 3.15 132 2, 415 1, 764 2,679 142 143 10.93* 15.16* 9. 35 10.49 10. 31 4. 71 3. 69 1, 392 5. 60 7,283 9. 88* 1 12 4.00 11. 80 26 154 3,423 2, 386 3, 740 . 579 9.23 13.62 8.26* 9. 67* 8.28* 3.13 3.13* 1 1,771 CHICAGO. Agriculture, fisheries, and m in in g ...... Professional.......................... ....................... Domestic and personal service............... . Trade and transportation.......................... Manufactures and mechanical industries Housewives and at work.......................... Scholars and at work.................................. 117 2 , 060 1,578 2, 043 85 4. 06 5,891 10.89* Agriculture, fisheries, and mining.......... Professional................................,................. Domestic and personal service................. Trade and transportation...................... . Manufactures and mechanical industries Housewives and at w ork.......................... Scholars and at w ork.......................... . 25 142 3, 080 2,168 2,441 9.44 13.77* 8.65* 10.16* 10.26* 35 T otal............................ ....................... 7,891 T o ta l.................................................... 15 355 186 636 142 58, NEW YORK. 3.13* 343 218 1, 299 579 33 4. 74* 4. 82 4. 56* 3.13 3.14 9. 64 2,485 4.29* 68 10,376 8 . 36 PHILADELPHIA. Agriculture, fisheries, and mining......... Professional.............................. . Domestic and personal service................. Trade and transportation.......................... Manufactures and mechanical industries Housewives and at work.......................... Scholars and at work................................. 79 1, 284 1,357 1,892 15 3.10* 597 158 7 T otal..................................................... 4, 433 9.67* 1,150 6 9. 71 13.70* 8.63* 9.83 10.16* 1 15 270 102 6.00 13.79 3.93 5. 82* 5.02* 4.41 3. 21* 4. 86 .7 94 1, 554 1,259 2, 489 158 22 5,583 9.18 13. 72 7.82 9.50* 8.93 4.41 3.14 8.68 THE ITALIANS IN CHICAGO. 705 A V E R A G E HOURS OF W O R K PER W E E K OF PERSONS ENG A G E D IN R E M U N E R A T IV E OCCUPATIONS IN C E R T A IN SLUM DISTRICTS OF BALTIM O RE, CHICAGO, N E W YORK, A N D P H IL A D E L P H IA . [From the Seventh Special Report of the Commissioner of Labor.] Males. Groups of occupations. Females. Total. Average Average Number Average hours of Number hours of Number hours of report work per report work per report work per ing. ing. ing. week. week. week. BALTIMORE. Agriculture, fisheries, and mining......... Professional.................................................. Domestic and personal service................ Trade and transportation.......................... Manufactures and mechanical industries 60 81 1,624 1, 608 2, 067 73.97 54.33 64. 51 67.60 61. 40 8 66 . 00 68 16 290 176 850 225 97 1,914 1,784 2, 917 225 4 73.03 50. 82 65.77 67. 58 61. 33 64. 48 66. 38 Scholars and at w ork......... : .................... 3 64. 51 1 33.06 72.81 67. 41 61.16 64.48 72. 00 T otal.................................................... 5,443 '64.19 1, 566 64.24 7, 009 64. 21 8 65. 50 50. 77 64. 84 61. 93 57.25 8 39. 00 71. 30 58. 34 57.19 57. 78 55. 81 128 2, 506 2, 006 2 , 821 123 139 65. 50 49. 39 65.71 61.56 57.24 57. 78 54. 62 CHICAGO. Agriculture, fisheries, and mining......... Professional................................................... Domestic and personal service................. Trade and transportation.......................... Manufactures and mechanical industries Housewives and at work............................ Scholars and at work.................................. T otal.................................................-. 113 2,170 1,801 2,178 80 53.75 15 336 205 643 123 59 6,350 61.02 1, 381 60. 59 7,731 60. 94 27 173 3,201 2, 500 2, 717 61.52 53.69 66. 99 64. 86 59. 34 61. 47 52. 54 66. 96 64. 42 59. 01 55. 99 57. 22 NEW YORK. Agriculture, fisheries, and mining......... Professional.................................................. Domestic and personal service................. Trade and transportation.......................... Manufactures and mechanical industries Housewives and at work............................ Scholars and at w ork.................................. Total .................................................... 1 21 60.00 43.10 66.68 60.16 58. 34 55. 99 56. 96 28 194 3, 505 2, 759 4, 083 560 72 37 57.47 304 259 1,366 560 35 8, 655 63. 65 2, 546 58. 86 11, 201 62.55 11 66.55 46.59 64. 32 65.65 59. 78 1 66. 00 31.12 75. 40 64. 78 58. 38 60. 30 52.80 12* 98 1,578 1. 583 2, 747 - 181 66.50 43. 91 21 65. 58 59.46 60.30 52. 72 62. 54 6, 220 62. 47 PHILADELPHIA. * Agriculture, fisheries, and mining......... Professional.................................................. Domestic and personal service................. Trade and transportation ........................ Manufactures and mechanical industries Housewives and at work............................ Scholars and at work.................................... T otal.................................................... 16 52.69 17 255 133 624 181 5 5, 004 62. 46 1,216 81 1, 323 1,450 2,123 66.11 The very considerably smaller earnings of the persons belonging to the Italian families dealt with in the present report is noticed. Their average earnings for all the classes of work engaged in, as has been shown, were $5.93£ per week. For the general slum population shown in the tables just given the average weekly earnings for the group were, in Baltimore, $8.65£; in Chicago, $9.88£; in New York, $8.36, and in Philadelphia, $8.68. This difference is doubtless due to the fact that the persons embraced in these exclusively Italian families, as has been previously shown, were employed as a rule at occupations of the lowest grade, requiring no skill and but little manual dexterity or strength. The average hours of work per week were shorter for the members of these Italian families than for the general slum population. 706 BULLETIN OF THE DEPARTMENT OF LABOR. Table X I . — P e r so n s u n e m p lo y e d , b y m onths u n em p loyed , sex, and age .— This table includes all persons 15 years of age or over engaged in remunerative occupations who reported that they were unemployed during any part of the year, and shows for each sex and age the months unemployed. It is proper to state that 90 males and 42 females., mak ing a total of 132 persons, did not report whether employed or not, and have consequently been omitted from this table. In the previous table and the analysis, it was shown that of a total of 6,773 persons included in this investigation, 4,110, or 60.68 per cent, were not engaged in any remunerative or productive occupation. These persons were classed as nonproductive, and consisted of those too young to work, those who were unemployed during the whole year, housewives and persons engaged in housework without pay, those who had no occupation, retired persons, and scholars. In this table those who were unem ployed fractional parts of months during the year have been classed under the nearest whole month, while those employed less than half a month have been excluded. Of the 2,663 persons employed in remu-. nerative occupations, 1,517, or 56.97 per cent, were unemployed some jiart of the year. Of this number, 40 were unemployed one month, 56 two months, 49 three months, 66 four months, 102 five months, 250 six months, 183 seven months, 232 eight months, 310 nine months, 161 ten months, and 68 eleven months during the year. The average time unemployed for these 1,517 persons was, therefore, over seven months. The following table, reproduced from the Seventh Special Iteport of the Commissioner of Labor, shows the results of the investigation of typical slum sections of Baltimore, Chicago, New York, and Philadel phia so far as it relates to nonemployment. The figures are for the year ending March 31, 1893: PERSONS U NEM PLOYED A N D A V E R A G E M ONTHS U N EM PLO YED IN C E R T A IN SLUM D ISTRICTS OF BALTIM ORE, CHICAGO, N E W YORK, A N D P H IL A D E L P H IA . [From the Seventh Special Report of the Commissioner of Labor.] City. Baltimore.............................. ............................................. . Chicago........................................................ ........................... New Y ork................................................................................ Philadelphia.......................................................................... Total pop ulation of the slum districts canvassed. 18, 048 19,748 28, 996 17,060 Slum population unemployed. IMonths unem ployed. Num Per cent. ber. Total. 1,564 3,135 2, 615 2,591 8.67 15.88 9.02 15.19 a 5, 255 a 7, 327 a 6 ,116 a 5,132 Aver age. a 3.6 a 3.1 a 3.1 a 2.9 a Not including those for whom the months unemployed were not reported. It is seen from this table that of the total persons included in that investigation, both productive and nonproductive, 8.67 per cent in Baltimore were unemployed some part of the year, 15.88 per cent in Chicago, 9.02 per cent in New York, and 15.19 per cent in Philadelphia. Of the total persons in the Italian families included in the present report the very large proportion of 22.40 p e r cent were unemidoyed THE ITALIANS IN CHICAGO. 707 some part of the year. The average time unemployed of those who were shown to have been unemployed in the Seventh Special Eeport was 3.6 months in Baltimore, 3.1 months in Chicago and New York, and 2.9 months in Philadelphia. The present investigation shows that the average .time of nonemployment of the unemployed in the Italian fami lies was 7.2 months, or double the highest average of the unemployed slum population shown in the Seventh Special Report. As has been stated, 1,517 persons engaged in productive occupations in these Italian families were unemployed during some portion of the year. The question as to the means of subsistence .when unemployed was answered by 1,486 of these persons. It was stated by 717, or 48.25 per cent, that they lived on their savings while unemployed; 287, or 19.31 per cent, had credit and went into debt for the* means of sub sistence; 233, or 15.68 per cent, lived on their savings until they had exhausted them and then resorted to credit; 96, or 6.46 per cent, lived wholly on charity while unemployed; 26, or 1.75 per cent, lived on their children’s earnings, while 127, or 8.55 per cent, subsisted in various ways, the most common being stated as on savings and charity, rela tives’ support, credit and charity, rents, wife’s earnings, savings and wife’s earnings, etc. Table X I I . —I llite r a te s , by s e x , age p e r io d s , and degree o f illiter a c y .— This table includes all illiterate persons 10 years of age or over em braced in the investigation. Those who can neither read nor write and those who can read but can not write, the two classes of illiterates, are shown by sex and nativity for each specified age period. The great majority of native-born persons in these families, as has been shown, were children under 10 years of age, and therefore do not appear in this table. Qf the 2,752 illiterate persons found in these families, but 32 were native born, and of these 30 were under 21 years of age. Dealing with persons, therefore, almost entirely foreign born, no com parison of native and foreign born illiterate persons is possible or desirable. As regards the degree of illiteracy, it is seen that 2,684, or 97.53 per cent, of the 2,752 illiterate persons could neither read nor write, while 68, or 2.47 per cent, could read but could not write any language. Similar data for the persons embraced in the Seventh Special Report arc shown in the following table: N UM BER A N D PER CENT* OF IL L IT E R A T E S OF E A C H DEGREE OF IL L IT E R A C Y IN CER TAIN SLUM DISTRICTS OF BALTIM ORE, CHICAGO, N E W YORK, A N D P H IL A D ELPH IA. [From the Seventh Special Report of the Commissioner of Labor.] Degree of illiteracy. Baltimore. Chicago. New York. Philadelphia. Num Per cent. ber. Num Per cent. ber. Num Per cent. ber. Num Per cent. ber. Unable to read and w rite.. Unable to write..................... 2,411 203 92. 23 7.77 3, 609 157 95.83 4.17 9, 870 198 98. 03 1.97 4,485 117 97.46 2.54 T otal............................ 2 , 614 100. 00 3, 766 100. 00 10, 068 100. 00 4,602 100.00 708 BULLETIN OF THE DEPARTMENT OF LABOR. Of a total of 2,752 illiterate persons embraced in the present report, I, 373, or 49.89 per cent, were from 31 to 50 years of age; 748, or 27.18 per cent, were from 21 to 30 years; 342, or 12.43 per cent, were from 10 to 20 years; 278, or 10.10 per cent, were 51 years of age or over, while II, or 0.40 per cent, did not report as to age. The following table, taken from the Seventh Special Report, shows the distribution as to age of the residents of the typical slum sections embraced in that report: N U M BER A N D PER CENT OF IL L IT E R A T E S OF EA C H A G E PERIOD IN CER TAIN SLUM DISTR ICTS OF BALTIM ORE, CHICAGO, N E W YORE:, A N D P H IL A D E L P H IA . [From the Seventh Special Report of the Commissioner of Labor.] Baltimore. Age periods. Chicago. Per cent. Per cent. 253 364 1,103 1, 431 348 267 6.72 9.66 29. 29 38. 00 9.24 7.09 610 897 2, 674 , 4,157 1, 269 461 6.06 8.91 26.56 41.29 12. 60 4. 58 241 463 1, 376 1, 716 525 281 5.24 10.06 29.90 37. 29 11.41 3,766 100.00 10,068 100. 00 4, 602 100.00 100.00 10 to 14 years........................ ] 5 to 20 years......................... 21 to 30 years......................... 31 to 50 years......................... 51 years or over..................... Age not reported................. 160 250 646 1, 070. 469 19 T otal........................... 2,614 6.12 Philadelphia. Num ber. 9.57 24. 71 40. 93 17.94 .73 Per cent. New York. Num ber. Num ber. Num ber. Per cent. 6.10 Table X I I I .—Literates, by sex, age periods, and language.—This table deals with the literate persons 10 years of age or over embraced in the families included in this report. The number of male and of female native and foreign born persons falling under each age period are shown and further classified as to whether they read and write the English lan guage only, Italian only, or both English and Italian. Of the nativeborn literates, 265 could read and write English only and 3 could read and write Italian only. No native-born persons in these*families were. found who could read and write both English and Italian. Of the 1,533 foreign-born literates, 221 could read and write English only, showing that the ability to read and write was probably acquired after their arrival in this country; 984 could read and write Italian only, while 328 were able to read and write both English and Italian. Table X I V .—Literates and illiterates, by sex.—This table brings into comparison the information given in the two previous tables relating to illiterates and literates. It is shown that o f the 2,812 males 10 years of age or over included in this report, 48.04 per cent were literate and 51.96 per cent were illiterate. Of the 1,741 females 10 years of age or over, 25.85 per cent were literate and 7415 per cent were illiterate. Comparing the literate males and females, it is seen that 19.32 per cent o f the literate males could read and write English only, while 50 per cent of the literate females were in this class; 60.55 per cent of the males and 37.56 per cent of the females could read and write Italian only, and 20.13 per cent of the males and 12.44 per cent of the females were able to read and write both English and Italian. Taking into consideration persons of both sexes, it is seen that of a THE ITALIANS IN CHICAGO. 709 total of 4,553 persons 10 years of age or over 2,752, or 60.44 per cent, were illiterate, while 1,801, or 39.56 per cent, were literate. The pro portion of illiterate persons (60.44 per cent) is thus seen to be very high in the families included in this investigation. It is shown in Table X II that but 32 of the 2,752 illiterates were native born, a pro portion too small to be considered. A comparison as to illiteracy is, therefore, possible between these Italian families and the foreign-born population of the typical slum sections of Baltimore, Chicago, Xew York, and Philadelphia, as presented in the Seventh Special Report of the Commissioner of Labor. The following table, drawn from that report, shows the per cent of literates and illiterates of each foreign nationality as given there; PER CENT OE L IT E R A T E S A N D IL L IT E R A T E S BORN IN EA C H SPECIFIED FOREIGN COUNTRY IN C E R T A IN SLUM DISTRICTS OF BALTIM O RE, CHICAGO, N E W YORK, A N D P H IL A D E L P H IA . [From the Seventh Special Report of the Commissioner of Labor.] Baltimore. Place of birth. Liter ates. Chicago. Illiter Liter ates. ates. New York. Illiter Liter ates. ates. Philadelphia. Illiter ates. Liter ates. Illiter ates. 26. 37 30.84 40.27 41.92 33.33 * Austria-Hungary................................ 63.55 British America............. ................. . 72. 73 China...................................................... 66. 67 France.......................... ......................... 90. 00 Germany............................................... 72. 50 Great Britain....................................... 94. 93 Ireland........................................... . 75. 73 47. 52 Italy........................................................ Netherlands......................................... 100.00 Norway and Sweden.......................... 92. 50 Poland".................................................... 52. 69 70. 30 Russia......... .........1............................... 33.33 Spain and Portugal................. ....... Other foreign and foreign not spec 74. 42 ified .................................................... T o ta l........................................... 69. 38 36.45 27.27 33. 33 10. 00 27. 50 5. 07 24.27 52. 48 7. 50 47.31 29. 70 66. 67 90.37 87.01 93. 94 90.48 87.62 93.42 84. 71 30.14 91. 67 91. 67 69. 80 71.31 100. 00 9. 63 12. 99 6.06 9. 52 12. 38 6. 58 15. 29 69. 86 8. 33 8 . 33 30.20 28. 69 25. 58 56. 39 30.62 66.14 73. 63 81.91 83. 33 92. 02 92. 23 60. 68 33.16 100. (JO 100. 00 49. 76 45. 65 57.14 50.24 54.35 42.86 69.16 80. 00 81. 25 100. 00 85. 26 91.41 74. 21 36. 37 59. 09 100. 00 59. 73 58.08 66. 67 43.61 66. 61 33.39 57.35 42.65 33.86 42. 31 57.69 53. 39 46.61 100. 00 18. 09 16. 67 7. 98 7. 77 39. 32 66. 84 20.00 18 75 14. 74 8. 59 25. 79 63. 63 40.91 This table shows that those of Italian birth were to an even larger extent illiterate in the families included in the Seventh Special Report than is shown by the present report, and that in each of the four cities, with the exception of Baltimore, the proportion of illiterates among persons of that nationality was greater than among those of any other country. Taking up again Table X IY , and considering the literates only, it is seen that 26.99 per cent of all the literates could read and write English only; 54.80 per cent could read and write Italian only, while 18.21 per cent were able to read and write both English and Italian. The following table, showing the number and per cent of persons able and not able to speak English, by years in the United States, while not bearing directly on illiteracy, is thought to be of interest in this connection. 710 BULLETIN OF THE DEPARTMENT OF LABOR. N UM BER A N D PER C E N T O F .PERSONS A B L E A N D NOT A B L E TO SPEAK ENGLISH, B Y Y E A R S IN THE U N IT E D STATES. [This table includes all persons 10 years of age or over.] Able to speak English. Not able to speak Eng lish. Per cent. Males. Females. Total. Males.* Females. Total. Able to Not able speak to speak English. English. Years in the United States. Total native horn.................... 146 298 147 178 163 133 166 128 828 14 4 7 30 35 42 44 43 57 57 264 4 15 33 140 182 207 176 223 185 1, 092 18 60 33 38 107 105 78 63 30 43 31 163 3 Total foreign born........... 1,906 587 2,493 754 A gg regate......................... 2,058 733 2, 791 754 Foreign born: Under 1 year.......................... 1 year....................................... 2 years..................................... 3 years...................................... 4 years...................................... 5 years...................................... 6 years.... ................................ 7 years?-.................................. 8 years..................................... 9 years..................................... 10 years or over..................... Not reported.......................... 152 2 11 26 110 2 220 2 2 99. 33 0.67 49 29 43 107 126 109 62 81 214 231 199 161 79 118 401 5 1 . 80 19.48 28. 95 39. 55 44.07 52. 51 56. 25 69. 02 65. 40 64. 91 73.14 78. 26 98.20 80.52 71.05 60. 45 55. 93 47.49 43. 75 30. 98 34. 60 35. 09 26.86 21.74 1,006 1,760 58. 62 41. 38 1,008 1,762 61.30 38.70 121 98 49 75 69 238 2 100 l Of native-born persons, practically all were able to speak English. O f the total foreign-born persons, 58.62 per cent were able to speak English, while 41.38 per cent were unable to do so. Of all the persons in these families 10 years of age or over, both native and foreign born, 61.30 per cent were able to speak English, while 38.70 per cent were not able to do so. The proportion of persons able and not able to speak English who have been in the United States each specified number of years is shown in the table. The proportion able to speak English of those who have been in the United States less than one year is shown to be but 1.80 per cent. This proportion gradually increases as the years of residence in the United States increase, until 73.14 per cent of those who had been in the United States 10 years or over were able to speak the English language with reasonable clearness. Table X V .—School attendance, by nativity, age, hind o f school, and sex.—This table shows the native and foreign born males and females o f each age attending public and private schools. O f a total of 988 persons in these families who attended school during some i>ortion of the year, 582, or 58.91 per cent, were native born, and 406, or 41.09 per cent, were foreign born. No comparison as to the proportion of native and foreign born persons attending school can be made between these families and those embraced in the Seventh Special Report, owing to the fact that these families are exclusively Italian or of foreign extraction, while those embraced in the Seventh Special Report are to a large extent native, and would naturally show a larger proportion of native-born persons at school. THE ITALIANS IN CHICAGO. 711 The following table classifies all scholars according to sex and age: N UM BEE A N D PEE CENT OE SCHOLAES OF EACH AG E. Males. Females. Total. Age. Number. Per cent. Number. Per cent. Number. Per cent. 1 5 years........................ - .................. ................ 6 years................................................ ..... . . . . 7 years............................................................. 8 years............................................................. 9 years............................................................. 10 years........................................................... 11 years............................................................ 12 years............................................................ 13 years............................................................ 14 years........................................................... 15 years........................................................... 16 years.................................................. . 17 years................................................... ..........................................................18 years 19 years .......................................................... 20 years................................... ................. . 21 years........................................................... 24 years......... ................................- .......... 25 years................. ......................................... Total.................................................... 0.18 2.45 6.83 15. 94 13. 66 11. 21 11. 73 7. 70 7.70 6. 83 4. 55 5. 25 1.75 2. 45 . 53 .18 .35 .35 .18 .18 14 39 91 78 64 67 44 44 39 26 30 10 14 3 1 2 2 1 1 100. 00 . 571 2 0.48 2.16 10. 79 15. 35 13. 67 15. 83 11.75 5. 99 10. 79 4. 32 5.51 2 . 61 .72 g 45 64 57 66 49 25 45 18 23 11 3 100. 00 417 3 23 84 155 135 130 116 69 89 57 49 41 13 14 3 0.30 2.33 8 . 50 15.69 13.67 13.16 11.74 6.98 9.01 5.77 4.96 4.15 1. 32 1. 42 .30 1 2 2 1 1 .10 .20 .20 .10 .10 -988 100.00 The largest proportion of scholars were 7 years of age, the per cent for males being 15.94, for females, 15.35, and for both males and females, 15.69. Over one-half of all scholars were from 7 to 10 years of age, inclusive, the proportion being 52.54 j>er cent of males, 56.60 per cent of females, and 54.26 per cent of both males and females. The following table, taken from the {Seventh Special Report and embracing the scholars in families residing in typical slum sections of Baltimore, Chicago, New York, and Philadelphia, shows the number and per cent of scholars classified according to age periods: NTJMBEE AND PEE CENT OF SCHOLAES OF EACH A G E PEEIOD IN C E E T A IN SLUM DISTEICTS OF BAL T IM O E E , CHICAGO, N E W Y O EK , A N D P H IL A D E L P H IA . [From the Seventh Special Eeport of the Commissioner of Labor.] Age periods. Under 5 yea rs....................... 5 to 9 years............................ 10 to 13 years........................ 14 to 19 years........................ 20 years or over..................... Age not reported................. T otal............................ Baltimore. Chicago. New York. Philadelphia. Num Per cent. ber. Num Percent. ber. Num Per cent. ber. Num Per cent. ber. 1,201 1,166 259 3 2, 629 45.68 44. 35 9.85 .12 « 1................. 100. 00 7 1,197 1,183 419 5 2, 811 0. 25 42. 58 42. 08 14.91 .18 100.00 2 0. 58 53.29 37.16 8 . 85 .07 .05 4, 340 100. 00 25 2, 313 1, 613 384 3 16 1,356 995 243 2 0 . 61 51.85 38. 05 9.29 .08 3 .12 2, 615 4! i 100.00 A similar classification of the scholars included in the present report shows that 3, or 0.30 per cent, were under 5 years of age; 527, or 53.35 per cent, were from 5 to 9 years; 331, or 33.50 per cent, were from 10 to 13 years; 121, or 12.25 per cent, were from 14 to 19 years; Avhile 6, or 0.60 per cent, were 20 years of age or over. 712 BULLETIN OF THE DEPARTMENT OF LABOR. The following table classifies the scholars in these Italian families according to the kind of school which they attended, whether public or private: N U M BER A N D PER CENT OF SCHOLARS A T T E N D IN G PUBLIC A N D P R IV A T E SCHOOLS. Males. Females. Total. Kind of school. Number. Per cent. Number. Per cent. Number. Per cent. P ublic............... .................................. .......... Private............. ............................................. 503 68 88.09 11.91 382 35 91.61 8 .39 885 103 89.57 10.43 T o ta l..................................................... 571 100.00 417 100.00 988 100.00 O f all male scholars 88.09 per cent attended public schools; of all female scholars 91.61 per cent attended public schools, while the pro portion of all scholars of both sexes attending public schools was 89.57 per cent. In Table X Y of the present report and the summaries drawn therefrom the term private school has been made to include schools variously designated as parochial schools, kindergartens, Italian pri vate schools, and private night schools, as well as those termed simply private schools. Table III of this report shows in detail the specific kind of schools attended by the scholars in each of these Italian families. The following table, taken from the Seventh Special Report, shows the distribution of the scholars included in that report, by kind of school: NUM BER A N D PER CENT OF SCHOLARS IN C E R T A IN SLUM DISTRICTS OF B A L T I MORE, CHICAGO, N E W YORK, A N D P H IL A D E L P H IA A T T E N D IN G PUBLIC A N D PR I V A T E SCHOOLS. [From the Seventh Special Report of the Commissioner of Labor.] Baltimore. Kind of school. Num ber. Pnblie..................... ........ Pri va.te _______________ T o ta l............................ Chicago. Per cent. Num ber. 1, 703 926 64.78 35.22 2, 62Q 100.00 New York. Philadelphia. Per cent. Num ber. Per cent. Num ber. 2,181 630 77.59 22.41 2,743 1,597 63.20 36.80 2,241 374 85.70 14.30 2,811 100.00 4,340 100.00 2, 615 100.00 J Percent. This table shows that but 64.78 per cent of the scholars in the typical slum families of Baltimore attended public schools and 35.22 per cent private schools; in Chicago 77.59 per cent attended public and 22.41 per cent private schools; in Xew York 63.20 per cent attended public and 36.80 per cent private schools, and in Philadelphia 85.70 per cent attended public and 14.30 per cent private schools. As has been shown, 89.57 per cent of the scholars included in the present report attended public while but 10.43 per cent attended private schools. 713 THE ITALIANS IN CHICAGO, In this connection the following table is given, showing the months of school attendance during the year, by sex and kind of school: MONTHS IN SCHOOL DTJBINGr Y E A R , B Y SEX A N D K IN D OF SCHOOL. Males. Months in school during year. Females. PUBLIC. 1 month....................................... ............ 2 months..................................................... 3 months..................................................... 4 months..................................................... 5 months.............................................. . 6 months............ ........................................ 7 months..................................................... 8 months.................................................... 9 months..................................................... 10 months................................................... Not specified..................................... ____ 2 4 17 18 8 39 34 6 14 358 3 0.40 .80 3.38 3. 58 1.59 7. 75 6.76 1.19 2.78 71.17 .60 Total................................................ 503 100. 00 Average number of months in school__ PRIVATE. 1 month................................... ^. 2 months..................................................... 3 months............................... .................... 4 months.............................................. ...... 5 months..... .............................. .............. 6 months..................................................... 7 months.................................................... 8 months.................................................... 9 months..................................................... 10 months................................................... Not specified.............................................. Total............................. ............. . Total.................. ........... ................ Average number of months in school__ 3 10 13 17 6 12 21 10 3 284 3 382 1 8. 80 1 1 1.47 1 3 1 3 4 3 2 50 1.47 4. 41 1. 47 4.41 5.89 4.41 2.94 73. 53 68 100. 00 Average number of months in school__ PUBLIC AND PRIVATE. 1 month....................................................... 2 months.................................................... 3 months..................................................... 4 months..................................................... 5 months..................................................... 6months...................... .............................. 7 months..................................................... 8 months................. .................................. 9 months..... .............................................. 10 months................................................... Not specified............................................ Total. Number. Per cent. N umber. Per cent. Number. Per cent. 3 .53 .70 3.15 3.68 1.58 7. 35 6. 65 1. 58 2. 80 71.45 .53 571 100.00 3 4 9 42 38 9 16 408 8. 82 5 14 30 35 14 51 55 16 17 642 6 0. 57 1.58 3.39 3. 96 1. 58 5. 76 6.21 1. 81 1. 92 72.54 .68 100.00 885 100.00 8. 78 1 1 1 2. 86 2.86 2. 86 1 2. 86 1 1 29 2. 86 2. 86 82. 84 35 100. 00 8. 96 18 21 0.79 2.62 3.40 4. 45 1. 57 3.14 5.49 2. 62 .79 74. 34 .79 8.79 1 1 2 4 1 4 4 4 3 79 103 1 9. 20 3 .72 2. 64 3.36 4.31 1. 44 3.12 5.03 2. 64 .96 75. 06 .72 417 100.00 3 11 14 18 6 13 21 11 4 313 8. 81 .97 .97 1. 95 3.88 . 97 3. 88 3. 88 3. 88 2. 92 76. 70 100.00 9. 04 6 15 32 39 15 59 20 20 721 6 .61 1. 52 3.24 3.95 1. 52 5.57 5. 97 2.02 2. 02 72. 97 .61 988 100.00 55 - 8. 81 The first section of this table deals with those attending public schools, the second section with those attending private schools, while the third combines the data for both public and private schools. Of those attend ing public schools 72.54 per cent were in school ten months, the full school year, the average months in school of all attending public schools being 8.79. Of those attending private schools 76.70 per cent were in school ten mofiths, the average months in school of all attending private schools being 9.04.. Taking into consideration the data for both public and private schools, it is seen that 72.97 per cent were in school ten months during the year, the average months of school attendance for all scholars being 8.81. 714 BULLETIN OF THE DEPARTMENT OF LABOR. These figures show very interesting results, taken in connection with Table X Y I and its summary, which latter gives the per cent of persons from 5 to 14 years of age at home, at work, at school, and both at work and at school. T able X Y I . — C on d ition o f all children f r o m 5 to 14 yea rs o f age , inclu s iv e , b y n a tiv ity and se x . —This table deals with the condition of all children from 5 to 14 years of age, inclusive, showing the number of males and females of each age and nativity who are at home, at work, at school, and both at work and at school. The following table, drawn from Table X Y I, shows the number and per cent of each condition, by sex: . NU M BER A N D PER CENT OF CH ILD REN OF EACH CONDITION, B Y SEX. A t home. A t work. A t school. A t work and at school. A ll children. Sex. Num ber. Per cent. Num ber. Male........................ Fem ale................... 199 271 26.29 38.38 52• 34 T otal............ 470 32.12 86 Num ber. Per cent. Num ber. 6. 87 4.82 450 394 59.44 55. 81 56 7 7. 40 .99 757 706 100.00 100.00 5.88 844 57. 69 63 4. 31 1, 463 100.00 Per cent. Per cent. Num ber. Per cent. a Of the males from 5 to 14 years of age, 26.29 per cent were at home. This designation includes all persons 5 to 14 years of age, inclusive, who were not at school during the year and who had no occupation. Of the females, a larger proportion, 38.38 per cent, were at home. The greatest proportion of children, however, of both sexes were at school; the per cent of males at school being 59.44 and o f females 55.81. Of the males, 6.87 per cent were at work and 7.40 per centwboth at work and at school, while of the females, 4.82 per cent were at work and 0.99 per cent both at work and at school. Taking up the totals for both males and females, it is seen that of the 1,463 children from 5 to 14 years of age, inclusive, in these Italian families, 844, or 57.69 per cent, were at school during some part o f the year; 470, or 32.12 per cent, were at home during the year; 86, or 5.88 per cent, were at work during the whole or some part of the year, while 63, or 4.31 per cent, were both at work and at school. The following summary, drawn from the Seventh Special Report, relating to the slams of large cities, shows similar figures for the chil dren from 5 to 14 years of age in families residing in typical slum sec tions of Baltimore, Chicago, Xew York, and Philadelphia. THE ITALIANS IN CHICAGO. 715 NUM BER AN D PER CENT OE CH ILDREN OF E A C H CONDITION, B T SEX, IN C E R T A IN SLUM DISTRICTS OF BALTIM O RE , CHICAGO, N E W YO RK , A N D P H IL A D E L P H IA . [ From the Seventh Special Report of the Commissioner of Labor.] A t home. A t work. A t school. A t work and at school. A ll children. City and sex. Num ber. Per cent. Num ber. Per cent. Num ber. Per cent. Num ber. Per cent. Num ber. Per cent. BALTIMORE. Male........................ Fem ale................... 545 651 28.22 32. 52 124 97 6. 42 4. 84 1,259 1,253 65. 20 62.59 3 .1 0.36 .05 2, 002 T o ta l........... 1,196 30. 41 221 5.62 2, 512 63.87 4 .10 3, 933 M ale........................ Fem ale................... 554 531 28. 02 28 04 117 73 5. 92 3.85 1, 257 1, 254 66.21 63. 58 49 36 2. 48 1.90 1, 977 1,894 T otal........... 1,085 28.03 190 4.91 2, 511 64. 87 85 2.19 3,871 Male........................ Female................... 445 569 15. 89 20. 72 209 204 7.46 7.43 2,117 1,918 75.61 70.94 29 25 1. 04 •91 2, 800 100. 00 2, 746 100.00 Total........... 1,014 18. 28 413 7. 45 4, 065 73. 30 54 .97 5, 546 .100. 00 Male........................ Fem ale................... 379 309 21.51 18. 27 175 109 9.93 1,192 1, 264 67.65 74. 75 16 9 .91 .53 1, 681 Total........... 688 19. 92 284 2, 456 71.13 25 .72 3, 453 1,931 100.00 100.00 100.00 CHICAGO. 100. 00 100. 00 100. 00 NEWYORK. PHILADELPHIA. 6.45 8. 23 3,762 100.00 100. 00 100. 00 As just stated, 57.69 per cent of the children in the Italian families included in this report were at school during some part of the year. The table given above for the children in typical slum families shows that the proportion of children at school was much larger, being 63.87 per cent in Baltimore, 64.87 per cent in Chicago, 73.30 per cent in New York, and 71.13 per cent in Philadelphia. The proportion of children at home in the typical slum families was, on the contrary, universally smaller than in these Italian families. In the latter 32.12 per cent were classed as at home; in the former 30.41 per cent were at home in Baltimore, 28.03 per cent in Chicago, 18.28 per cent in New York, and 19.92 per cent in Philadelphia. The proportion of children at work in typical slum families was 5.62 per cent in Baltimore, 4.91 per cent in Chicago, 7.45 per cent in New York, and 8.23 per cent in Philadelphia, while in the Italian families included in the present report it was 5.88 per cent. The proportion of children who were both at work and at school during some part of the year was greater in the Italian families. Table X V I I .— M a r r ie d w om en having a specified n u m ber o f Ita lia n -b o rn children) livin g , by n u m ber o f children born to each in I t a l y and y ea rs o f m a rried life in I t a l y .—This table is the first of a series of three tables relating to married women and their children. As the title indicates, this table deals with conditions in Italy, showing the number of chil dren born in Italy and living, by years of married life in Italy. Table X V I I I . — M a rr ie d w om en h aving a sp ecified n um ber o f nativeborn children livin g , by num ber o f children born to each in the U n ited 716 BULLETIN OF THE DEPARTMENT OF LABOR. S tates and y e a r s o f m a rried life in the U n ited States.- —This table, the second relating to married women, etc., deals with conditions in the United States, showing facts similar to those given in the preceding table for Italy. T able X I X . — M a r r ie d w om en h aving a specified n u m ber o f children livin g , b y n u m ber o f children born to each and yea rs o f m a rried life. —In this table the facts are shown for married women, children born and living, and years of married life, regardless of locality. The following table, drawn from Table X IX , shows the number and per cent of married women who have had no children and who have had children o f total married women, by years married: N UM BER A N D PER CENT OF M A R R IE D W O M E N W H O H A V E H A D NO CHILDREN A N D W HO H A V E H A D CH ILDREN OF T O TA L M A R R IE D W O M EN , B Y Y E A R S M AR R IED . Years married. Married women who have had no children. Married women who have had children. Total married women. Number. Per cent. Number. Per cent. Number. Per cent. Under 1 year............................................ . . 1 y e a r .............................................................. 2 yea rs........................................... ................ 3 yea rs............................................................ 4 yea rs...................................................... ..... 5 y ea rs............................................................ 6 y e a rs.............................................. ............ 7 ye a rs.................................................. ......... 8 y e a rs............................................................ 9 years ............................................. . 10 ye a rs......... ............................................... It years ..................- ..................................... 12 years .......................................................... 13 y e a rs....................................................... 14 y e a rs ......... ............. . . . . .............. ............ 15 ye a rs......................... - ............................. 16 years ............................................. ............ 17 yeari*.............................. ............................ 18 y e a rs............... ......................................... 19 y ea rs................................... *..................... 20 y e a rs ........................................................... .. 21 years .................................. .. ...................... 22 years........ .. ................................................ 23 y e a rs.......................................................... 24 years . . i .................................................... 2 5 years . . . ' ..................................................... Over 25 years................................................. Not, r e p o r t e d __ ________ ___________________ T o t a l ___________ 31 100.00 70. 00 21 9 7 20. 45 12. 28 9.84 4.41 9. 43 8.16 8. 77 6. 35 6. 06 2 . 08 1. 82 2. 33 6 3 5 4 5 4 4 1 1 1 9 35 50 55 65 48 45 52 59 62 47 54 42 49 48 38 47 36 34 54 15 36 25 30. 00 79. 55 87.72 90.16 95. 59 90. 57 91. 84 91. 23 93. 65 93. 94 97. 92 98.18 97. 67 31 30 44 57 61 68 53 49 57 63 66 3 12.00 22 3 '2. 99 4.17 23 130 69 100.00 4 97.61 95. 83 48 55 43 49 51 38 48 37 35 56 16 37 25 25 23 134 72 122 8.90 1, 249 91.10 1, 371 3 5.88 1 1 1 2 1 1 2.08 2. 70 * 2.86 3. 57 6.25 2. 70 100.00 94.12 100. 00 97. 92 97. 30 97.14 96.43 93. 75 97. 30 100. 00 88. 00 100.00 • 100.00 100. 00 100. 00 100. 00 100. 00 100. 00 100. 00 100. 00 100. 00 100. 00 100. 00 100.00 100. 00 100.00 100.00 100.00 100. 00 100. 00 100. 00 loo. o o 100. 00 100.00 100. 00 100. 00 100. 00 100. 00 100.00 100.00 Of the 1,371 women embraced in this table, including widowed as well as married women, 122, or 8.90 per cent, have had no children, while 1,249, or 91.10 per cent, have had children. Similar ratios are given for those married each specified number of years. It will be seen that it is stated in this and the following summary that no women who have been married under 1 year have had children. That it was so reported is probably due to the fact that some of those women who have been married less than but nearly one year reported themselves as married 1 year and have been so tabulated. In the table immediately following is shown the number and percent of married women who have had no children, by number of years mar THE ITALIANS IN CHICAGO. 717 ried. A similar distribution according to years married is shown for married women who have had children and for total married women. NUM BER A N D PER CENT OE M AR R IED W O M EN W H O H A Y E H A D NO CHILDREN AN D W H O H A Y E H A D CHILDREN, BY Y E A R S M AR R IED . Years married. Married women who have had no children. Married women who have had children. Total married women. Number. Per cent. Number. Per cent. Number. Per cent. Under 1 year................................................. 1 year.. ......................................................... 2 years............................................................. 3 years............................................................. 4 years............................................................. 5 years................... ......................................... 6 years............................................................. 7 years............................................................. 8 years............................................................. 9years............................................................ 10 years............................................................ 11 years................................ .......................... 12 years............................................................ 13 years............................................................ 14 years............................................................ 15 years............................................................ 16 years............................................................ 17 years............................................................ 18 years............................................................ 19 years............................................................ 20 years........................................................... 21 years............................................................ 22 years............................................................ 23 years............................................................ 24 years.......................................................... 25 years............................................................ Oyer 25 years................................................. Not reported.................................................. T otal.................................................... 31 1 1 1 25.41 17. 21 7. 37 5. 73 4.92 2. 46 4.10 3.28 4.10 3. 28 3. 28 .82 .82 .82 3 2.46 1 1 1 2 1 1 .82 .82 .82 1.64 .82 .82 21 9 7 6 3 5 4 5 4 4 9 35 50 55 65 48 45 52 59 62 47 54 42 49 48 38 47 36 34 54 15 36 25 0.72 2 . 80 4. 00 4. 41 5. 21 3. 84 3. 60 4.16 4. 73 4. 97 3. 76 4. 33 3. 36 3. 92 3. 84 3.04 3. 76 2 . 88 2.72 4.33 1.20 2.88 2 . 00 31 30 44 57 61 68 53 49 57 63 66 48 55 43 49 51 38 48 37 35 56 16 3 2.46 22 4 3 3. 28 2.46 23 130 69 1. 76 1. 84 10.41 5. 53 37 25 25 23 134 72 122 100. 00 1,249 100.00 1,371 2. 26 2.19 3. 21 4.16 4. 45 4. 96 3. 87 3. 57 4.16 4.60 4. 81 3. 50 4. 01 3.14 3. 57 3. 72 2. 77 3. 50 2. 70 2.55 4. 09 1.17 2.70 1. 82 1.82 1. 68 9. 77 5. 25 100. 00 Of the married women who have had no children 25.41 per cent were married less than one year, 17.21 per cent were married one year, 7.37 per cent were married two years, etc. Of the married women who have had children 0.72 per cent were married one year, 2.80 per cent two years, 4 per cent three years, 4.41 per cent four years, etc. The following table summarizes the results of Tables X V II, X V III, and X IX , showing the number and per cent of married women who bore each specified number of children during their married life in Italy, in the United States, and in both countries. Looking at the table it will be seen that 96 married women bore no children during their married life in Italy, 331 none during their married life in the United States, and 122 none during their married life in both countries. This last number, it will be noted, is not the sum of those who bore no children in Italy and those who bore none in the United States, as many women who had no children in one country had children in the other. The figures for 1 child, 2 children, etc., should be read in like manner. 1453—Xo. 13------3 718 BULLETIN OF THE DEPARTMENT OF LABOR. NUM BER A N D PER CENT OE M A R R IE D W O M E N W H O H A V E BORNE EA C H .SPECI F IE D NUM BER OF CH ILDREN. In the United States. In Italy. Number of children born. In both Italy and the United States. Number. Per cent. Number. Per cent. Number. Per cent. No children.-....... ................. ...................... 1 child....................................... ...................... 2 children........................................................ 3 c h i l d r e n ................................................. 4 children........................................................ 5 children........................................................ 6 children.............................. ...................... 7 children...................................................... . 8 children.................................................... . 9 ch ild re n ..................................................... 10 children...................................................... 11 children.............. ..................................... 12 children............... ...................................... 13 children ....................................... 14- clii1drou............................ ............. ........... 15 ehildren _ __ _ .. ___ 17 chi 1dren ............... ................ ....... ..... 18 children...................................................... 19 children...................................................... Not specified.................................................. T o t a l ................................................. 9G 175 155 117 93 63 37 39 28 20 11 8 2 1 4 1 1 10. 95 19. 96 17. 67 13. 34 10.61 7.18 4. 22 4.45 3.19 2 . 28 1. 26 .91 .23 . 11 .46 . 11 331 174 236 181 144 95 67 44 23 14 5 4 1 24.61 12.94 17. 55 13. 46 10.71 7.06 4.98 3.27 1. 71 1.04 .37 .30 .07 122 108 148 166 166 161 137 95 90 71 34 24 11 5 6 8.90 7.88 10.80 12.11 12.11 11. 74 9.99 6.93 6.56 5.18 2.48 1. 75 .80 .37 .44 25 .11 2. 85 26 1. 93 24 .07 .07 .07 1.75 877 100.00 1,345 100. 00 1, 371 100.00 1 1 1 1 .11 Of the 877 married women who spent a portion of their married life in Italy, 10.95 per cent had no children born in Italy, 19.96 per cent had one child, 17.67 per cent had two children, 13.34 per cent had three children, 10.61 per cent had four children, etc. Of the 1,345 married women who spent the whole or a portion of their married life in the United States, 24.61 per cent had no children born in the United States, 12.94 per cent had one child, 17.55 per cent had two children, 13.46 per cent had three children, 10.71 per cent had four children, etc. Consid ering the number of children born either in Italy or the United States, of the 1,371 married women embraced in the table, 7.88 per cent had one child, 10.80 per cent had two children, 12.11 per cent had three children, 12.11 per cent had four children, 11.74 per cent had five children, etc. So far as conditions in Italy were concerned, 799 married women who had spent a portion of their married life in Italy before coming to the United States showed an aggregate of 8,455 years of married life spent there. During this time there were born to them 2,505 children. It is thus seen jhat while in Italy a child was born to each of these married women every 3.38 years. The conditions in the United States show that 1,280 married women who had spent the whole or a portion of their married life in the United States aggregated 8,997 years o f married life in the United States and had borne during that time 3,329 children— that is, while in the United States a child was born to each of these married women every 2.70years. Taking into consideration the results for both Italy and the United States, 1,296 married women in these families aggregated 17,466 years married and had 5,860 children, a child for every 2.98 years of married life. These figures necessarily include only those married women who reported both years married and children born. THE ITALIANS IN CHICAGO. 719 Table X X . — P e r so n s sick or p h y sic a lly d efective , by kind o f a ilm en t or table shows the various ailments and defective physical conditions from which the members of these Italian families suffered during the year. Out of a total of 6,773 persons 1,448, or 21.38 per cent, were reported as sick during the year or physically defective. Excluding childbirth from consideration, the number of persons other wise sick and physically defective was 1,185, or 17.50 per cent; exclud ing childbirth, the proportions for the four cities canvassed in the slum investigation were 1.85 per cent for Baltimore, 3.90 per cent for Chicago, 2.35 per cent for New York, and 2.03 per cent for Philadelphia. The exceedingly small proportion of sick and physically defective persons found among the general slum population embraced in the Seventh Special Report was noticeable, the highest being 3.90 per cent for Chicago. In the present investigation the proportion of sick and defective, excluding childbirth, as has been shown, reached 17.50 per cent. As regards specific diseases or ailments, 301, or 20.79 per cent of the 1,448 persons reported as sick or defective during the year suffered from childbirth, or childbirth and some other ailment; 203, or 14.02 per cent, suffered from fevers, malarial, typhoid, etc., or fever and some other ailment; 112, or 7.73 per cent, suffered from rickets, or rickets and some other ailment; 114, or 7.87^per cent, suffered from bronchitis, or bronchitis and some other ailment, while 100, or 6.91 per cent, suffered from rheumatism, or rheumatism and some other ailment. Over onehalf (55.52 per cent) of all persons reporting ailments or defects suf fered during the year from childbirth, fevers, rickets, bronchitis, and rheumatism. Going further and taking up the other ailments most frequently reported, 80, or 5.52 per cent of all ailing and defective per sons, suffered from accidental injuries, etc.; 73, or 5.04 per cent, suffered from female complaint, etc.; 42, or 2.90 per cent, from pneumonia, etc.; 41, or 2.83 per cent, from measles, etc.; 28, or 1.93 per cent, from diph theria; 26, or 1.80 per cent, from inflammation of the eyes; 23, or 1.59 per cent, from dyspepsia, etc.; 19, or 1.31 per cent, from consumption, etc.; 18, or 1.24 per cent, from miscarriage, etc., while the proportion of those suffering from any other ailment or defect ranged from 1.24 to 0.07 per cent. defect and se x . —This DOMESTIC CONDITIONS, COST OF FOOD, ETC. In connection with this investigation partial reports were secured from the families and individuals involved relating to their domestic conditions; their customs in the United States and in Italy as regards baking bread, spinning, sewing, knitting, etc.; their food and the cost of the same, and the padrone system, the commissions paid padrones, and the prices of food bought from padrones as compared with market prices, etc. These points are taken up and such data given as were secured. 720 BULLETIN OF THE DEPARTMENT OF LABOR. BAKING, SPINNING, SEWING, ETC., IN ITALY AND IN THE UNITED STATES. In answer to the inquiry, Do you bake your bread in this country? out of 965 families reporting 675, or 69.95 per cent, stated that they baked their bread. The number of families answering the inquiry, Did you bake your bread in Italy? was 851. O f this number 777, or 91.30 per cent, answered in the affirmative, as against 69.95 per cent just shown as baking their bread in the United States. f In answer to the inquiry, Do you spin in this country? out of 895 families reporting only 7, or less than 1 per cent, answered in the affirm ative, while in answer to the inquiry, Did you spin in Italy? out of 834 families reporting 636, or 76.26 per cent, answered in the affirmative. In answer to the inquiry, Do you sew in this country? 770, or 86.32 per cent, of the 892 families reporting answered in the affirmative) of the 848 families answering the inquiry, Did you sew in Italy? 779, or 91.86 per cent, answered in the affirmative. O f those families report ing as to whether or not they did sewing in this country, 892 in number, the additional question, Do you sew for a boss? was asked, and an affirmative answer given in 88 cases. In answer to the inquiry, Do y 6u knit stockings in this country? 156, or 17.73 per cent, of the 880 families reporting answered in the affirma tive, while of the 842 families reporting as to whether or not they knitted stockings in Italy 721, or 85.63 per cent, answered in the affirmative. Of 849 families reporting, 633, or 74.56 per cent, stated they worked in the fields in Italy. In answer to the inquiry, Did you use kerosene lamps in Italy? 846 families reported, 571, or 67.49 per cent, o f which answered in the affirmative. Of the 850 families reporting, but 27, or 3.18 per cent, had stoves in Italy. Coal is almost universally reported as the fuel used for cooking in this country, 969, or 98.48 per cent, out of a total of 984 families using that kind of fuel, the remaining 15 families, with the exception of one which used wood and one which used coke, using coal in connection with some other fuel. In these families 305 persons were found who reported that they had sent money to bring relatives from Italy. The aggregate amount involved was $19,384.75, or an average of $63.56 for each of the 305 persons reporting. But 9 persons reported that they had invested in land in Italy. The total amount was $2,440, or an average Of $271.11 per individual. Seventy-six persons reported that they had invested in land in the United States. The aggregate amount of their investments was $260,665, or an average of $3,429.80 per individual. Of the 271 male members of these families who were found to have visited Italy since their arrival in this country, 245 had returned to Italy once, 16 had returned twice, 8 had returned three times, 1 had returned four times, and 1 had returned five times. Of the 39 females who had visited Italy, 32 had returned to Italy once, 1 had returned twice, 5 had returned three times, and 1 had returned five times. THE ITALIANS IN CHICAGO. 721 FOOD. The following general report from the agent of the Department who canvassed these families and secured the data which form the basis of the tables included in this report relates to the food of these people and embodies the result of careful inquiry on this subject: Three facts led to this inquiry concerning the food of the Italian working people: 1. Italians are considered fitted for the lighter kinds of manual labor only. In Chicago they are thought best fitted for street sweeping and not strong enough for work in the waterworks extension department and for sewer digging. 2. It is difficult to persuade an Italian to go to a hospital. He says he starves in places where the food is known to be abundant and well prepared. His absence from wofk is thus protracted by the unscien tific care which he receives at home, and if he is suffering from a contagious disease his reluctance often leads to concealment which imperils other lives. 3. Rickets, a disease due to malnutrition, is exceedingly prevalent among the children of Italian working people. Considering the large number of causes which may have resulted in this state of things—hereditary weakness, unhealthful housing, and utter ignorance of all the laws of hygiene—it would be presumptuous to attribute all these facts to the quality of food used. Indeed, one great cause of the antipathy to hospitals is probably ignorance o f the English language. It may not, however, be entirely profitless to look to the food as one of the possible causes. Possibly the errors of diet common among Italian workingmen are just as common among work ingmen of other nationalities. Investigations show that the Russian Jews and Bohemians market more judiciously and cook their food more wisely than do the Italians. It may be for this reason—probably for this and other reasons—that the workingmen of these nationalities are in better physical condition than are the Italians. It must be borne in mind that the following statements are true only o f Italians of the poorer class—not of the richer classes nor of the very poorest class. The food of the last named is obtained to a large extent from garbage boxes. Reference here is made to the laborer who works for $1.25 per day and to the fruit peddler or organ grinder with an income of about the same amount. As is the case with the poor of other nationalities in this country, there is probably no fault to be found with the food from a purely quan titative standpoint. It is probable that there are exceedingly few Italian persons in the city of Chicago who do not spend enough money upon their food to buy sufficient nutriment to keep their bodies in good condition, providing only the money is judiciously spent and the food properly prepared. Except in rare cases, the Italians certainly eat enough. Immediately following this statement will be found brief dietaries of Italian workingmen at hard labor. The fact that the quan tities are not generally given does not seem to render them valueless, for the reasons just given. In connection with the first of the three points mentioned above, viz, the bearing o f the food upon the capacity for labor, it must be remem bered that the condition of the Italian laborer in this country, and par ticularly during the last two or three years, is peculiar. Having only the most unskilled labor to offer, he is the first to be thrown out of 722 BULLETIN OF THE DEPARTMENT OF LABOR. employment during seasons of industrial depression. The result has been that in the city of Chicago during the past two years the Italian has worked on an average but little more than four months out of the twelve. The other eight months were spent in idleness and almost abso lute inactivity in poorly ventilated rooms. During these months the laborer, helpless because of his ignorance of the English language, hardly ventures farther than the nearest saloon. The food to which he has been accustomed in his native land and to which he clings is peculiarly ill adapted for this inactive period. In theory these eight months o f idleness should be a preparation for the season of hard work. The man having little outdoor life and no immediate necessity for exertion has no need for large amounts of starches and fats, but .he has the greatest need for the proteids or nitrogenous substances which create muscle and give powers of endurance. The food of the Italian fails to meet this requirement. It must be mentioned, first, that the large expenditure for beer, which takes the place in this country o f the light wines of Italy, seriously curtails the amount of money available for food. Were it not for this large outlay for beer, beef, which the Italian looks upon as a luxury, might be substituted more often for pork. Another thing to be noted is that the money available for food, after this unfortunately large sum has been deducted, is not expended in such a way as to accomplish the most-good. Pork, with its large amount of fat and small amount of proteids, as compared with beef, is used much more than the latter. Lard is tried out in large quantities in the fall for use in winter, and enters into the preparation o f almost every dish. The beef used is generally from the round. Wheat flour is used in very large quanti ties and is made into bread and macaroni. It is not uncommon for a family of five or six to use a barrel every six weeks. Oatmeal and other prepared cereals, whole wheat, graham and rye flours, are almost unknown. Beans, eggs, chickens, and cheese are the other more solid kinds of food .. Green vegetables are used in very large quantities, but unfortunately are seldom obtained in fresh condition. With the excep tion of dandelion greens, which are cut by the Italians themselves, the vegetables reach them only after rejection from the better markets. Bed peppers and tomatoes are in the greatest favor, and are dried for winter use. A paste, made by drying in the sun the pulp and juice o f the tomato, is a characteristic Italian dish. Vegetables are used not as an accompaniment of meat, but as a substitute tor it. It will be seen by reference to the dietaries that the Italian laborer frequently takes for his lunch only bread and peppers. The Italians use little butter and milk. Cases could be cited almost without number of these people who have 15 or 20 cents per day to spend for beer and only 3 cents for milk. . With reference to the methods of cooking, meats are generally fried. The Italian fries his round steak in lard, thus reducing it to its most indigestible and innutritious form. He might well take a lesson from his neighbor, the .Russian Jew, who by long, slow cooking makes a most palatable, nutritious dish of his chuck beef, an even lower-priced cut of meat. Eggs, an excellent though not an economical food even when well prepared, are largely deprived of their food valuB by being fried hard in lard. They are usually mixed with potatoes before frying. Cabbage,’ peppers, and tomatoes are cooked in the same way with potatoes. Macaroni is boiled in water, covered with a sauce of lard flavored with onions, garlic, peppers, or parsley, and is served with cheese. Beans are boiled with potatoes and served with lard sauce or are used for salad. THE ITALIANS IN CHICAGO. 723 The conclusion is that the amount of fat and starch taken in this diet is enough for a man at hardest labor and far in excess of the needs of an idle man, and that in the absence to so large an extent of beef, oat meal, and other foods having large proportions of nitrogenous food principles, tjiere is a deficiency of muscle-forming materials. Foods, such as eggs and beef, having the greatest value for giving strength of muscle and endurance, have their usefulness impaired by pernicious methods of cooking. In view of these facts it seems fair to infer that after a winter of inactivity, in bad air and on such a diet, the system of the Italian laborer is in such a debilitated condition as to make him entirely unprepared for the return of the working season. To this physical unfitness may be attributed his unwillingness to make any exertion to get work—a matter of surprise to his would-be benefactors who consider only his poverty and indebtedness, and not his physical condition. * As to the second point, the aversion to hospitals, there is no doubt that an Italian, taken from his food fried in lard, which attains and retains a much higher temperature than food cooked in milk or water, and which is highly spiced with peppers and highly flavored with garlic and onions, really suffers when the plain, nutritious, and well-prepared food of a hospital is set before him. We can learn more from the instinctive action of a little child than from the protests of scores of grown people. Italian children, when first taken to the hospitals, turn with disgust from such foods as bread and milk or milk toast. It is doubtless true that this change in diet is not only distasteful, but so radical as frequently to disorder the digestive system. Perhaps the treatment of an Italian during this period of change should be studied much as the treatment of an inebriate being won from his strong drink is studied. The sudden change certainly produces an abnormal physi cal condition. A little more attention to this subject by hospital authorities and a few harmless concessions to the tastes of the Italians during the first few days of their stay in the hospital might result in their greater willingness to go to hospitals and in their greater tracta bleness while there. Many an Italian workingman, from pure aversion to American food, lies sick in his own home for months, while unhealthful surroundings and bad food conspire against his recovery, who might speedily return to health if taken to a hospital. The third point, concerning the children, is of interest, because it bears upon the condition of the future workingman. A sick child may outgrow his diseases, but can hardly he expected to attain the greatest vigor of manhood. The great prevalence of rickets among Italian children may be seen by reference to the general tables. Pickets never proves fatal, but a child affected with this disease is especially subject to lung, bronchial, throat, and other troubles. The frequent acute troubles of the children, traceable to rickets, produce great drains upon the purse of the Italian laborer. The seeds of this disease are often sown before birth. A poorly nourished mother often nurses one child almost up to the time of the birth of her second child. The second child, weak at birth, is nursed until the mother’s milk is entirely unfitted for the demands of its system. The weakness thus engendered is aggravated by giving the child the same unwholesome food that its parents eat, and in addition large quantities of fruit in a more or less decayed condition. Milk is used in very small quantities. The question, Do you give your children milk! is usually answered in the affirmative by the Italian mother, but further inquiry usually brings out the information that she buys only about 3 cents’ worth per day 724 BULLETIN OF THE DEPARTMENT OF LABOR. and gives it to the children in form of “ milk and tea” or “ milk and coffee.” Beer is given to the very youngest children. Oatmeal and other prepared cereals, whole wheat and graham flours, with their wealth of mineral matters for the formation of bone, are as unfamiliar to the child as to the father, to whom, as previously stated, they are an unknown food. The food of the Italian, therefore, with its insuffi ciency of proteids and its excess of the most indigestible of fats, has an added fault, when considered as a diet for children, because of the exclusion to so large an extent of milk, oatmeal, and other foods rich in mineral matters. D IETARIES OF ITALIAN LABORING MEN. [Time, August, 1896. Sunday bills of fare not taken.] No. 1. Age, 29; married; sewer digger. Breakfast and lunch.: One pound round steak (beef), three times per week, one-half for breakfast and one-half for lunch; red peppers instead o f the round steak, three times per w eek ; every morning 5 cents' worth o f beer; bread with all these meals. Supper: Macaroni and beans, or round steak fried w ith potatoes; always bread and 5 cents' worth o f beer. No. 2. Age, 19; single; sewer digger. Breakfast and lu n ch : One pound round steak, three times per w eek ; peppers, three times per w eek ; always bread and 5 cents' worth o f beer. Supper: Fried potatoes and eggs, or boiled potatoes and m acaroni; bread and 5 cents' worth o f beer. Na. 3. Age, 35; married; sewer digger. Breakfast and lu nch : One pound round steak; brea d ; 5 cents' worth o f beer for lunch. Supper: Round steak fried with potatoes; macaroni and beans; potatoes and peppers fried together. Nos. 4, 5, 6, 7. Day laborers. Food for each, breakfast and lu n ch : Five cents' worth o f summer sausage; 1 pound bread. Supper: Three boiled eggs or head cheese; bread. No. 8. Age, 29; single; sewer digger. Breakfast and lunch: Coffee, bread, 10 cents' worth o f beer; pork chops, four times per w e e k ; fried eggs, twice" a week. Supper: Beef fried w ith potatoes, or peppers fried with potatoes, or macaroni; bread and 5 cents' worth o f beer. No. 9. Age, 31; single; sewer digger. Breakfast and lunch: Bread; 10 cents' worth o f beer; fried eggs, or potatoes fried w ith peppers or cheese. Supper: Maca roni w ith beans, or peppers fried w ith potatoes or sausage; bread; 5 cents' worth o f beer. No. 10. Age, 33; single; sewer digger. Breakfast: Coffee or tea and bread. Lunch: Five cents' worth o f beer; bread; pork chops tw ice a w eek; other days fried eggs, ham, sausage, peppers, or cheese (always beer and bread, w ith choice o f the other articles named). Supper: Potatoes fried w ith eggs, or sausage fried with peppers. No. 11. Age, 34; single; sewer digger. Breakfast and lu n ch : Five cents' worth o f pork chops; 15 cents' worth o f beer; bread. Supper: Macaroni and beefsteak, or peppers fried with potatoes, or cabbage fried with potatoes, or beans and m acaroni; bread and 5 cents’ worth o f beer. No. 12. Age, 21; single; day laborer. Breakfast: One pound round steak, fried, three times per w eek ; peppers, three times per week. Supper: Macaroni only, four times a w eek; fried potatoes with peppers tw ice a w e e k ; beer unknown. No. 13. Age, 24; single; day.laborer. Breakfast and lu n ch : One pound pork chops every morning, one-half for breakfast and one-half for lunch; peppers three times per w eek; bread and 5 cents' worth o f beer daily. Supper : Macaroni and beans, or peppers and potatoes, or beef and potatoes (beef three times per w e e k ); 5 cents' worth o f beer. No. 14. Age, 23; single. Eats no breakfast. Lunch: Ham or sausage w ith bread and peppers. Supper: Occasionally, round steak; usually, macaroni only, or pota toes and cabbage; beer unknown. THE ITALIANS IN CHICAGO. 725 Inquiry was made as to the actual cost of food and milk among these people, and replies were secured as to food from 742 families, embracing 3,711 persons, while 782 families, embracing 3,914 individuals, reported as to the cost of milk. The result o f this inquiry is embodied in the table which follows: COST OF FOOD A N D M IL K , B Y SIZE OF F A M IL Y . Cost of food per week. Cost of milk per day. Size of family. Per family. Average ■ Ha 00 00 1 person......... 2 persons....... 3 persons....... 4 persons....... 5 persons....... 6 persons....... 7 persons....... 8 persons....... 9 persons....... 10 persons---11 persons 12 persons---13 persons----- Per indi vidual. $1.884 2. 654 3 .18£ 3. 60 3.97 4.28 4. 734 5.77 6. 824 8. 374 10. 22i 10. 90 17. 874 1. 33 1. 06 .90 •794 •714 .674 .72 .76 •834 .93 .91 1. 374 4.11 .82 Per family. Per indi vidual. $0. 003 .017 .023 .024 .027 .028 .039 .036 .024 .046 .038 .060 .045 $0. 003 .009 .008 .006 . 005 .005 .006 .004 .003 .005 .003 .005 .003 .027 .005 In this table is shown the cost of food per week and the cost of milk per day, according to the size of the family. These costs are given for the family and for the individual. In families of one person the aver age cost of food per week was $ 1.88J, and the average cost of milk per day about one-third of a cent. In families of two persons the average cost of food per week per family was $2.65^ and per individual $1.33. The cost of milk per day in these families was 1.7 cents per family, or less than 1 cent per individual. The cost of food and of milk per family naturally increases as the size of family increases, while the cost per individual decreases. The average-cost of food per week per indi vidual for the 3,711 individuals in the 742 families reporting as to the cost of food was 82- cents. The average cost of milk per day per indi vidual for the 3,914 individuals in the 782 families reporting as to cost of milk was one-half of 1 cent. The average cost of milk per day for each family reporting was 2.7 cents. Eeports were secured from 726 families as to the amounts expended for beer per day. Of this number of families 533, or 73.42 per cent, reported that they used beer and that the average cost of beer per day per family was 11.1 cents. The average cost of milk per day per family was, as just stated, but 2.7 cents. In answer to the inquiry, Do you give your children milk? 573, or 82.09 per cent, of the 698 families reporting answered in the affirmative. In answer to the inquiry, Do you give your children beer? 498, or 71.65 per cent, of the 695 families reporting answered in the affirmative. The inquiry as to whether, or not these families ate beefsteak was answered in the affirmative in 858, or 89.84 per cent, of the 955 families reporting as to this fact. BULLETIN OF THE DEPARTMENT OF LABOR. 726 PADRONE SYSTEM. The inquiry, Do you work for a padrone*? was asked of 1,860 persons connected with these families, and 403, or 21.67 per cent, answered in the affirmative. Of this number 24, or 5.96 per cent, reported that they paid no commission to the padrone for securing the job, while 379, or 94.04 per cent, reported that they paid a commission. It was not found possible to ascertain the amount of commission paid by each of these 379 persons, but quite a large proportion of them were able to report the exact amount of commission paid for their last job and the length of time said job lasted. An aggregate of $1,650.50 was paid to padrones by the 341 persons reporting, or an .average of $4.84 per indi vidual, for the last job at which they worked, and the aggregate time worked on these jobs was 3,958£ weeks, or an average of 11 weeks and 4 days per individual. The average amount paid per week to padrones for employment at the last job at which the 341 persons worked, as shown by these figures, was 42 cents each. This commission to padrones is a matter of no small moment to the workmen when the very low wages at which they work is taken into consideration. This investi gation has not shown that any large proportion of the workmen were fed by the padrones, but it is known that in many cases where they were taken out of the city to work they were compelled to purchase the whole or part of their food from the padrones. A number of reports were secured from workmen who were taken out of the city to work and a comparison made between the prices paid for the food which the workmen were compelled to purchase from the padrones and Chicago market prices. The following table shows the results of these reports: PRICES P A ID FOR C E R T A IN AR TICLES OP FOOD TO TH E PADRONE A N D IN CHICAGO M A R K E T S. THE Macaroni Macaroni Cheese Bread Sausage Bacon (per pound). (per box). (per pound). (per pound). (per loaf). (per pound). W ork man Chi Chi Chi Pa Chi Pa Pa Pa Chi Pa Pa num Chi ber. drone’s cago drone’s cago drone’s cago drone’s cago drone’s cago drone’s cago price. price. price. price. price. price. price. price. price. price. price. price. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 $0. 07 $0. 04 .07 .06 .08 .06 .06 .08 .07 .06 .10 .07 .04 .04 .04 .04 .04 .04 .03 .04 .03 .03 .06 .07 .07 .08 .07 .06 .06 .08 .04 .04 .03 .05 .04 .04 .04 .04 $1. 50 $0 $ 1.00 $0. 06 .10 .12 .10 "i.’ oo 'i.'oo' .16 1. 30 1.75 1.50 1.05 28 1.00 .12 I $0.05 .16 .18 .15 .10 .08 .12 .15 .16 .08 .10 .07 .11 .11 .10 .08 .08 .10 .08 .08 .10 .08 1.00 $0.16 .08 1.60 1. 25 .12 .11 2.10 T25 . 08 .09 .14 .15 *13 .13 .18 .13 .14 .12 r-16 .12 .15 .15 .15 .10 .10 I THE ITALIANS IN CHICAGO. 727 PRICES P A ID FOR C E R T A IN AR T IC L E S OF FOOD TO TH E PADRONE AN D IN THE CHICAGO M A R K E T S—Concluded. Sugar Coffee Lard Tea Beans Tomatoes (per pound). (per pound). (per pound). (per pound). (per can). W ork (per pound). man Chi Chinum Pa Pa Chi Pa Pa Chi Pa ChiPaChi ber. drone’s cago drone’s cago drone’s cago drone’s cago drone’s cago |drone’s cago price. price. price. price. price. price. price. price. price. price, j price. price. 4 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 $0.13 .15 . 15 $0. 08 .08 .08 .15 .12 $0. 09 .06 .08 .10 .07 $0. 05^ .05 .05 .06 .05 $0. 40 .40 $0.25 .20 .07 t I . 12£j .08 .08 .05 .07 .07 .10 .09 .06 .05 $0. 25 .20 I i .08 .06 .14 .11 .10 .10 .14. .17 . 15 $0.50 .40 .35 .20 .05 .30 .40 $0. 06 •02£ .04 .08 .05 . 05 .04 .07 .05 .30 .18 .20 $0.09 . 15 .07 •I2i .12 .10 .08 . 10 . 05 .20 .20 .09 . 06 $0. 03 .03 .07 $0.15 .05 .15 The prices are given in this table, by each workman reporting, for such articles of food as were for sale by the padrones. The quality of the food for sale by the padrones was frequently reported as good, although in the majority of cases it was reported as of unknown or of bad quality. In each instance the prices of articles of food sold by the padrones are compared with Chicago prices for the same quality of food. Eeports were secured from 21 workmen. Of this number 15 stated that they were compelled to purchase from the padrones such food as they kept for sale ; 2 reported that they were practically com pelled to patronize the padrones because they had no money to pur chase elsewhere; 2 reported themselves helpless to do otherwise because of their distance from any other place where food could be purchased, while 1 did not report, and 1 reported that he was not compelled to patronize the padrones. All of these workmen were taken from the city to work on railroads, probably at track repairing or construction. As will be seen from this table, the prices charged by padrones are frequently double those charged in Chicago markets for similar arti cles of food of the same quality. Considering each article embraced in the table, and all combined, it is seen that the padrone’s prices show an average increase over Chicago prices as follows: For bread, 82.19 per cent; for macaroni by the pound, 61.11 per cent; for macaroni by the box, 50.33 per cent; for cheese, 46.02 per cent; for sausage, 72.40 per cent; for bacon, 67.91 per cent; for lard, 77.04 per cent; for sugar, 44.58 per cent; for coffee, 74.70 per cent; for tea, 80 per cent; for beans, 61.70 per cent; for tomatoes, 65.38 per cent; and for all articles of food combined, 59.55 per cent THE ANTHRACITE MINE LABORERS. B Y G. O. V IR TU E , PH. D. Practically all the anthracite coal produced in the United States comes from those rich deposits in the State of Pennsylvania lying in the hills and valleys of the Blue Ridge Mountains from the head waters o f the Schuylkill and the Lehigh rivers northward and westward to the Susquehanna. Those deposits occupy an area o f a little less than 500 square miles, chiefly in the counties of Schuylkill, Carbon, Luzerne, Lackawanna, and Northumberland. Originally one vast bed of coal, the area has by geological action been broken into three distinct; fields known in trade circles as the southern or Schuylkill field, the middle or Lehigh field, and the northern or Wyoming field. A t pres ent the mines employ 143,610 men and boys and annually send to market in the neighborhood o f 45,000,000 long tons of coal, about onethird the total coal product of the United States, The industry has grown to its present dimensions within threequarters of a century. Coal was known to exist in the northern field as early as 1768, and various efforts were made, especially after 1791, when coal was discovered near the Lehigh, to introduce it into the sea board cities. But the comparative plenty of wood for fuel, the easy communication with the English and Virginia mines, and the lack of means of transportation from the anthracite mines long stood in the way o f their development. It was not till during the second war with Great Britain that the growing scarcity of wood and the interruption of the supply of soft coal led to the first successful efforts to send anthracite to market. The Lehigh Coal and Navigation Company and the Schuylkill Navi gation Company began their canals about the same time, the one com pleting an imperfect communication with Philadelphia in 1820 and the other in 1825. The beginning o f the anthracite industry is usually reckoned from the opening of the Lehigh mines in 1820. The develop ment from that time was continuous and rapid. The shipments reached 1,000,000 tons in 1842, the year the Reading Railroad, the first of the coal roads, was completed. What its growth has been since that time is sufficiently indicated by the following table: SHIPM ENTS, IN LONG TONS, OF A N T H R A C IT E COAL A T D E C E N N IA L PERIODS FROM 1850 A N D IN 1895. Year. 1850.............................................................. I860............. .............................................. 1870.......................................................... . 728 Tons. 3, 358, 899 8,513,123 16,182,191 Year. 1880............................................................ 1890............................................................ 1895........................................................ . Tons. 23,437,242 35, 855,173 46,511,477 THE ANTHRACITE MINE LABORERS. 729 It is with the social side of this great industry, and especially with the history of the laborers for the last- generation, that this paper will deal. The earlier history of the laborers can never be fully written. It is only since the era of organization, which for the anthracite labor ers begins with the closing years of the civil war, that they have been deemed of sufficient importance to receive from chroniclers more than a passing notice. Indeed, since that time they have not received from writers upon the labor movement the attention which their importance deserves. The reason for this neglect may, no doubt, be found in the isolated position of the miners and the small part they have in conse quence played in the labor movement. The different conditions of employment, moreover, which obtain at the anthracite mines from those found in the bituminous mines, have stood in the way of that degree of cooperation with miners elsewhere which has long existed between bituminous miners in widely separated districts. The history of the anthracite miners, therefore, stands very much by itself. But the example of 50,000 laborers for several years holding an important industry firmly in their grasp, and the steps by which their power was lost, furnish a subject of sufficient interest in itself to warrant a more careful study than has yet been given it. It istoften assumed that the deplorable condition of the anthracite miners at the present.time has been produced by the large corporations which dominate the trade. Such glimpses as we have of the laborers before the extension of corporate control over the industry show much the same conditions as now exist. To be sure, accounts (a) are not want ing which tell of the contentment and happiness of the miners in the early years of the trade. Contentment has not even now wholly departed from the coal fields; but as the condition of equality which marked the early years of the industry disappeared, discontent arose. The miner was not satisfied with his rude house of logs or slabs when he saw substantial towns built up about him showing every sign of com fort and even luxury, and especially since this growing apart in signs of material wealth was accompanied by the disappearance of that easy familiarity between the employer and employed which belongs to the small undertaking. The dullest man naturally asked why he could not share in the comforts he saw increasing about him. His explanation then as now was found in his hard conditions of employment. The conditions were indeed hard. Employment was irregular, rents wrere high, and wages low. Laborers were subject to all the impositions practiced at the present day. On the whole the standard of living was low. It was a standard that did not belong to the general conditions of employment in America, but one that seemed to attend the occufiation everywhere. The miners were for the most part English, Welsh, Scotch, and Irish, and had been used to the conditions of life described in the report of the Children’s Employment Commission of 1842. They a For example see Hazard/s Register of Pennsylvania, May, 1828. 730 BULLETIN OF THE DEPARTMENT OF LABOR. brought; with them to America the standard of living described there, just as to-day European laborers of a lower type bring their habits and ideas of life from less-favored countries to our own. Then, as now, better terms of employment brought some of the improvements sought by: immigration y but with all the opportunities afforded by expanding industries in a rich, new country, the lot of the miners remained a hard one. This was no doubt largely due to the remarkable lack of mobility which has long been noticed as a characteristic of mine labor everywhere. Not only do miners rarely leave the calling to which they have been brought up, but to a remarkable extent their sons become miners. An observer, speaking of a particular district in Pennsylvania, declared that during the years 1802-1872 “ there were not half a dozen sons of miners that engaged in any other business, or sought any other trade for a livelihoodand the belief was expressed that the same state of affairs existed throughout the mining region of the State, (a) SchulzeGavernitz notes that 90 per cent of the Durham colliers are the sons of colliers, (b) This strong tendency for mining to become a family call ing is no doubt due to the isolatiomof mining communities and to the small opportunities offered to sons remaining at home to go into other trades. Fortunately the causes which have held both father and son to the mines are less operative than formerly. But for many years each speculative movement and the steady stream of immigration brought new numbers to the mines, and those who came stayed, as did their sons. The result was a normal surplus of mine labor. Taking advantage of this state of the labor market, the operators were able to keep wages at alow level. In 1828, when the business was getting fairly upon its feet, miners received $ 1 per day and laborers 80 cents 5 and this scale remained until the early forties, when the miners received but 87J cents and laborers but 70 cents, (c) Meanwhile, by the general introduction of the utruck store,” wages had been reduced 15 or 20 per cent below what they nominally were. (d) After the depres sion following the panic of 1837, and the introduction of anthracite as a smelting fuel in 1840, there was an upward movement of wages, and the expansion of the trade in the early fifties on the opening of several new lines of railway to the mines brought another slight improvement. The very hard years 1857-1859 sent wages back to their old level, oldtime abuses were resorted to with renewed vigor, and new ones invented. Even t>n the hard terms offered, the struggle for employment produced a degree of suffering and bitterness never before known in the region. The next decade brought remarkable changes, not only in the condi tion of the laborers but of the whole industry. The transition from a business of small undertakings to one of larger scope and involving Report of the Secretary of Internal Affairs, 1876-77, Part HI, p. 599. Social Peace, p. 170. cThe Miners’ Journal, April 16 and June 20, 1846. d l b i d . j February 11 and May 20, 1843. a b THE ANTHRACITE MINE LABORERS. 731 larger means had begun during the fifties. During the sixties influ ences chiefly traceable to the war greatly accelerated the change. It was marked by an increased depth of the mines, a greater outlay for machinery, both for working the mines and for the preparation of the coal for market, and, above all, by a rapid consolidation of the owner ship of lands and of the railroads leading to them. So marked were the changes from 1863 to 1873, they may be said to have constituted a revolution in the industry. The period was no less important for the laborers. To them the war was an event of the first importance. Immigration was checked. The demand for troops and for labor in other directions stopped the driifc of laborers to the mines, and even drew off some already there. As the issue of paper money began to influence the currency the profits of the ■operators began to rise. Their royalties, already low, being payable in currency, were thus made lower still. As the war advanced they were able to secure very remunerative prices for their coal, though not for a greatly increased product. The conditions of the labor market were now changed. The operators could not afford to stop work, and the laborers were able to secure a share in the prosperity which had come to the trade. Wages for all kinds of mine labor rose with prices, and miners working on contract were by 1865 receiving $150, $200, and not infrequently $250 per month. Anthracite laborers, who at the begin ning of the decade were as poorly paid as any in the United States, had become perhaps the best paid. In spite of the high wages paid, the operators had continued for a time to make large profits. But as soon as capital was set free from provide ing for the armies a considerable stream began to flow in the direc tion of the coal fields. The stream soon became a flood. Nowhere was the speculation characteristic of the period more rampant than in the anthracite region. That speculation was carried so far was largelydue to the fact that the railway companies were rapidly extending their lines toward tide water and westward and northward to the lakes, and at the same time were building new laterals within the region and acquiring others by purchase or lease. Bailroads being built, the own ers felt themselves-compelled to secure tonnage for them by purchasing the coal lands from which it must come. The lands once bought must now be developed; and so rapidly was this done that soon all the phe nomena of u over production,” which from the beginning of the industry had been more or less complained of, became more marked than ever before. In 1860 the shipments had been but 8,500,000 tons. The next year this was slightly diminished because of the lack of a market, and in 1862 still further by a flood which affected the product of all the mines of the region. By 1865 the capacity of the mines had been increased but a million tons above that of 1860. In 1866 the shipments rose to 12,700,000 tons, in 1867To 13,000,000 tons, and in 1870 to 16,100,000 tons. This increase came, too, at a time when the demand for anthracite was 732 BULLETIN,OF THE DEPARTMENT OF LABOR. somewhat weakened by the slackening of manufacturing activity and the increasing use of bituminous coal, and before any considerable extension of the market had taken place. With the first indication of a weakening market the operators, by general, though not concerted action, took steps to protect their profits through a reduction of wages. The laborers, no longer in the favorable position for making bargains which they had previously enjoyed, were compelled, 1866-67, to submit to several sharp reductions. By 1868 they began to understand the logic of the situation, and when a further reduction was proposed, met it with a counter proposition for a restric tion of the output of coal. It should be noted that up to this time there had been no general organization among the workmen. Many years before (in 1849) a society had been organized by an English miner named Bates, who gave his naifie to the organization ; but a long strike carried on that year failed, “ Bates’s Union’’ broke down, and Bates himself departed with the funds of the society. The distrust naturally existing among the work men was increased by this failure, and no further mention of an organi zation is to be found till 1860. In that year the workmen at the collieries of the Forestville Improvement Company formed a union, which lasted till 1864. By that time a number of local unions were formed in various parts of the coal region, (a) They no doubt had considerable influence in the numerous strikes and threats of strikes by which the workmen secured the advances in their wages during the war. But it was not till 1868 that thesedocal unions were united in an organization for the whole anthracite region. The movement in this direction was no doubt partly induced by the cooperation of the employers, which, for a long time suspected, became clearly evident in 1867, when the operators to the north of Broad Mountain organized the Mahanoy Yalley and Locust Mountain Coal Association. It may be said in passing that several similar associations of opera tors were formed in the southern district during the next two years, and in the latter part of 1869 were ail brought together in the “ Anthracite Board of Trade of the Schuylkill Coal Begion.” The organization embraced practically all the operators of the southern field, and through it for the next few years negotiations were carried on with the workmen. It was believed by the workmen that the chief object of these associa tions was to injure them. The operators, on the other hand, explained their action by the existence of an organization among the workmen and by the violence" with which their demands were accompanied. It is to little purpose to quarrel over the question as to whether the pot or the kettle began it. Organization was in the air, and by means of it both sides during 1868 and 1869 were making preparations for the struggle which it was foreseen must come. Another cause operating to bring the men together was the effort aBannan’s*Statistics of the Anthracite Coal Trade, 1869. THE ANTHRACITE MINE LABORERS. 733 made in the summer of 1868 to secure the adoption of an eight-hour day. The State legislature that year made eight hours a legal day where there was no agreement to the contrary, the law to take effect the 1st of July. Probably as a means of restricting the production of coal as much as to secure easier terms of employment, the miners of the Mahanoy Valley demanded the adoption of a shorter day with the con tinuance of their old wages. The operators refused the demand and a strike ensued. Many of the leaders were themselves opposed to the movement. The method of payment to many of the men made the question of the length of the working day immaterial." About threefourths of the miners in Luzerne County and five-sixths in Schuylkill County, for example, were working by contract—that is, they were working on a u breast” at so much per car, or were driving tunnels, gangways, or other passages at so much per yard. A miner working on a “ breast” furnished his own tools, powder, fuses, etc., and paid a laborer for loading the coal into the car. He was usually able, if his place worked fairly well, to blow down as much coal in six or eight hours as the laborer could handle in ten, and to him an eight-hour day was of no consequence except, indeed, as it restricted the output and thus maintained prices, upon which the continuance of the scale of wages depended. The u eight-hour” strike became quite general throughout the region and lasted for several weeks. It was not successful in securing the adop tion of the eight-hour day, but it did relieve the glut in the market somewhat and checked the fall in prices. On the whole, the workmen were well pleased with the success of the strike. It gave them their cue in their contentions with the operators for the next few years, and it aided greatly in securing the cooperation of workmen in all parts of the region. In the early part of 1868 the Schuylkill County court gave a charter to the Workingmen’s Benevolent Association of St. Clair, (a) whose constitution formed the model for the new societies elsewhere. In the latter part of 1868 and the early part of 1869 the whole region was organized. When the operators now proposed a reduction of wages the laborers proposed a restriction of the output. They said, what was perfectly true, that if coal continued to be”produced at the full capacity of the mines, prices would continue to fall. Any reduction of wages would bring only temporary relief. If coal were brought to the pit’s mouth for nothing, the difficulties of overproduction would still show themselves, and in the end restriction would have to be resorted to; the remedy might as well be applied before the reduction of wages as after; if the operators were not wise enough or united enough to a This association was modeled upon the Miners' Benevolent Society of Carbon County, founded in 1864. The Workingmen's Benevolent Association was the name under which all parts of the anthracite fields were organized. In 1870 the legis lature gave the society a charter and the name was changed to the Miners and Laborers’ Benevolent Association, but it continued to be called, except officially, by its old name—the Workingmen's Benevolent Association. 1453—Ho. 13---- 4 734 BULLETIN OF T1IE DEPARTMENT OF LABOR. take measures for the preservation of their own interests and those of their employees, they* the workmen, would. Indeed, one of the expressed purposes of the workingmen’s union was to accomplish this end. Thus Article I of the constitution of the Sum mit Hill branch of the association stated that “ The object of this society is to make such arrangements as will enable the operator and the miner to rule the coal market.” How this was to be done appeared in the following order issued by the general council of the Workingnieu’s Benevolent Association: (a) P o t t s v i l l e , P A ., A p r i l 2 9 , 18 6 9 . We, the Executive Committee of the W. B. A., do hereby unani mously adopt the following resolutions, to wit: R e so lv e d , That*we, the Executive Committee of the W. B, A., do hereby give due notice to all our employers and consumers of coal that there will be a general suspension of work to take place Monday, the 10th of May, 1869. R e s o lv e d , That all work will be suspended except rock work, tunnel ing, and repairing, but no coal to be cut under any consideration. R e s o lv e d , That the foregoing resolutions be published in the Miners’ Journal, the Pottsville Standard, and the Workingmen’s Advocate, Philadelphia. (Signed) J o h n S i n e y , P r e s. G e o r g e C o r b e t t , Semj. Under this order the suspension became general throughout the region and was continued till the middle of June. The official notice that work might be resumed ran as follows:(b) OFFICIAL NOTICE. M a h a n o y C i t y , P a ., J u n e 9 , 1869 . Whereas we, the Miners and Laborers’ Association of the anthracite coal fields of Pennsylvania, suspended work on the 10th of May, ultimo, almost unanimously; and Whereas the object of our doing so has been to a great extent accom plished, to wit, the reduction or depletion of the surplus*of coal already in the market, together with the preventing, it possible, the enormous oversupply that was going to the market, thereby not only keeping the price of labor down to last winter’s prices, but would eventually compel either local suspension or reduction of wages, and iii consequence local strikes; and Whereas the public press of the country, in most instances through which the public opinion is formed and expressed, has denounced our association, in this its first powerful movement, representing that we had a design to run up prices to an exorbitant height, etc., and in some instances even threatening to appeal to Congress to repeal the tariff on foreign coal: Therefore be it R e s o lv e d , That we do not nor have desired to run the coal too high in the market, but, on the contrary, we prefer the steady, healthy market, a The Miners’ Journal, May, 1869. &Anthracite Monitor, June 12, 1869. THE ANTHRACITE MINE LABORERS. 735 which will afford to the operators and dealers fair interest on tlieir invest ments and at tlie same time receive for our share a fair day’s wages for a fair day’s work. jResolved, That, taking into consideration the great risk and danger the miner or laborer has to incur in pursuing his daily occupation, we claim that we should receive pay commensurate to said work or danger, and not be stinted down to the lowest prices given to common laborers where employments are safe and free from all risks to life, limb, and family. R e s o lv e d , That on and after the 16th instant all districts or branches which can agree with their employers as to basis and conditions of resumption do then resume work. By order of committee. J ohn P a r k e r , C hairm an. M. W il l ia m s , S ecreta ry. T. This was an attempt, it will be noticed, to justify the action of the Workingmen’s Benevolent Association to the public, not to the opera tors. Strangely enough, the latter made but little opposition at this time to the policy of the workmen. Some were, of course, injured severely by being kept from mining enough coal to fill their orders. But it was generally agreed that too much coal was being mined, and many of the operators were glad to throw the responsibility for the stoppage of the mines upon the laborers. Later, however, when the workmen made other stoppages necessary, this first suspension was bitterly condemned by the operators as an act of tyranny entailing great loss upon them. During the suspension the question of provid ing against overproduction in the future was much discussed by the men -in their unions. In May a resolution of the general council restricted the miners to one car less per day than had formerly been considered a day’s work, and those doing yard work were similarly restricted. It was at this time, too, that the proposition was made to the oper ators to base wages thereafter upon the selling price of coal. One of the conditions of beginning work after the suspension, therefore, was the adoption of a sliding scale of wages. In the Lehigh and Schuylkill regions the men secured the sliding scale. In the northern region, how ever, they failed. In fact, the suspension itself had been only partially successful there. Two of the largest producers, the Delaware, Lacka wanna and Western Bailroad Company and the Pennsylvania Coal Company, by offering higher wages to their men, were able to keep them at work while the other mines were closed; and now when the question of a sliding scale was proposed, there was not sufficient strength in the organization to secure its adoption, (a) The scale adopted in the two lower regions differed. In the Lehigh region wages were made dependentiipon the price of coal at tide water. When the average price of coal at Elizabethport was $5 per ton the aWilkesbarre Record, March 16, 1870. 736 BULLETIN OF THE DEPARTMENT OF LABOR. u basis ” rate of wages (a) was paid. When the price of coal advanced $1, wages were increased 15 per cent. For advances in price of a frac tional part of a dollar a like part of the 15 per cent of wages was to be added. The scale did not slide downward, i. e.} below the basis. (b) In the Schuylkill region wages were based upon the price of coal at Port Carbon, at that time an important shipping point on the Schuyl kill, 2 mile^ above Pottsville. When the average price of coal of all sizes above pea was $3 at Port Carbon, the basis rate of wages was paid. For each 25 cents advance in the price of coal, wages were increased 5 per cent. The $3 at Port Carbon was called by the miners the u mini mum” also j that is, there was to be no reduction in wages if the price. of coal went below that point. Prices were well maintained throughout the remainder of the year, and the workmen received some 12 per cent more than the basis wages. The following figures, taken from Barman’s Statistics of the Anthracite Coal Trade for 1869, show how the scale operated for the chief classes of laborers and for miners working by the week. The wages of the miners working on contract are not given, since the deductions to be made from them make such quotations misleading. OPERATION OF THE SLID IN G SCALE EOR TH E SC H U YL K IL L REGION FROM JU N E TO DECEMBER, 1869. Wages per week. Month. Rate. Miners. June......... J u ly ....... A ugust— September October... November December. 10per cent above basis. 15 per cent above basis. 35 per cent above basis Basis .............................. . 10per cent above basis 15 per cent above basis B asis.............................. $15. 40 16.10 18. 90 14. 00 15. 40 16.10 14. 00 Inside Outside laborers, laborers. $13.20 13.80 16.20 12. 00 13. 20 13. 80 12. 00 $12.10 12. 65 14. 85 11.00 12.10 12.65 11.00 Long before the end of t,he year it became apparent that the conflict between the operators and the workmen would be renewed. On the side of the operators somfe dismissals were made which were regarded as attacks on the Workingmen?s Benevolent Association. Certainly there were not lacking bitter denunciations of that organization. It must be said, however, the operators were not without provocation. The impertinence and -arrogance which so often accompany the posses sion of power, especially in the hands of those who have not been used a The miners on contract received 57| cents per ton of 48 cubic feet when working on the mammoth vein. Those working on more difficult veins received a percentage above this# rate. From 12 to 14 tons could be mined under favorable conditions. But the miner had to pay the laborer foi* loading, and other expenses, as for powder, fuses, oil, tools, etc., had to be deducted. Miners working by the day received at this time $16 per week; inside laborers, $14. b Labor Troubles in the Anthracite Regions of Pennsylvania, 1887-1888. House Reports, 50th Cong., 2d sess., No. 4147, p. 39. Bannan?s Statistics of the Anthracite Coal Trade, 1869. THE ANTHRACITE MINE LABORERS. 737 to wield it, were no doubt sufficient to provoke hostility from the em ployers. In one case the use of the courts was sought, perhaps as much to weaken the organization as to x>rotect the operators. A con troversy arose over a case where the miners asked for, an advance of wages on a vein that worked hard, and upon the refusal of the advance by the operator the miners left the work, and in accordance with the rules of the Workingmen’s Benevolent Association no one was allowed to take their places. The strikers were arrested for conspiracy and finally imprisoned theifeor. This action on the one hand embittered the workmen and on the other strengthened the hands of the operators. By the end of the year both sides were ready for another test of strength. The initiative was taken by the operators. In the latter part of December the Anthracite Board of Trade resolved upon a readjustment of wages, changing the basis to $2 per ton, and making reductions in wages amounting to from 25 to 40 per cent. Such a proposition the workmen did not deign to consider. They looked upon it as an open declaration of war upon their organization. The operators themselves could not hold together on such ground, and tiie resolution which had been taken, not to let the mines be worked till this proposition was agreed to, was, about the middle of January, 1870, rescinded. A month later a more moderate proposition was made, but still providing for -a considerable reduction. The Workingmen’s Benevolent Association had, however, just suc ceeded in getting the first mining law through the legislature, which provided for inspection and safety appliances at the mines, and, flushed with this success, they felt no disposition to yield anything. Those operators who had been paying wages on the $3 basis were then induced to cooperate with the Board of Trade. About the middle of March the operators announced their intention of closing the mines of the Schuyl kill region on the 2d of April if their terms were not acceded to. On that date work in the southern district practically ceased, and was not resumed till the 1st of August. An agreement was reached in the latter part of July called, from the part taken in forming it by the president of the Beading Bailroad, the “ Gowen compromise.” The $3 basis was retained but the sliding scale was changed to 8 J ‘per cent for each movement of 25 cents in price and was made to slide down ward as well as upward. Provision was made also for a sharp reduction in contract wages, which were complained of as being unreasonably high. Under this agreement work was continued to the end of the year. Meanwhile, in the northern and middle fields a conflict had been avoided and the mines kept running during the whole year. With all the collieries now at work, the price of coal was greatly reduced and for the five months wages averaged more than 18 per cent below the basis. In November and December the deduction amounted to 24| per cent of the basis wages. The low prices and short periods of production made the year a dis 738 BULLETIN OF THE DEPARTMENT OF LABOR. astrous one for both operators and miners, especially those of the Schuylkill district. Since the beginning of the trade that region has never sent so small a proportion of the output to market. In 1866, 45.56 per cent of the total product came from there, 17.15 per cent from the Lehigh, and 37.29 per cent from the Wyoming region. In 1870 the pro* portion was 30.70, 20.02, and 49.28 per cent, respectively, for the three regions. Nor was this loss to the southern region a mere temporary one; for, as will be seen, it was upon the product of the mines during these years that the combinations soon to be formed b^the operators based the division of the tonnage to be mined by each. The small output during these years of strife, therefore, stood in the way of the claims of the southern district for the share it really deserved. The Schuylkill operators had begun work in August protesting against the terms of the Gowen compromise; but there was no course left open to them but to continue at work, since they saw their markets being occupied by the operators from the other regions. The laborers themselves were convinced that the terms were two severe, and in November, 1870, they received a proposition for an agreement for 1871 more favorable to the operators, (a) The committees of the Anthracite Board of Trade and of the Workin gmen’sBenevolent Association agreed to recommend the plan adopted by them to the bodies they represented. Whether an agreement was really made is a disputed question. The most probable account has it that before definite action was taken by the Workingmen’s Benevolent Association the operators of the north ern region, who, it will be remembered, had by paying higher wages kept their men at work during the suspension in the other fields, found themselves unable, now that all the mines were running, to pay the wages agreed upon and announced a reduction, amounting in the case of contract work to 34 per cent. •. The miners struck. On January 10,1871, work in the northern region was generally suspended. An appeal was made to the workmen in the other regions for aid. It will be easily understood why the workmen in the lower fields were reluctant in joining in the strike. During the last two years they had had two severe conflicts with their employers— conflicts in which they had received scant support from those who were now seeking their aid. Here was an opportunity for retaliation. On the other hand, however, there was a chance for them to strike one more blow at their employers. The existence of the union was threat ened by the playing of the workmen of one region against those of another. A sacrifice must be made, and so, in spite of the earnest efforts of the leaders to hold their men to what they and the operators alike regarded as at least a tacit agreement, the Workingmen’s Benevo lent Association, in the latter part of January, resolved that they uadhere to the $3 basis so long as Luzerne and Carbon.(the two north ern counties) work with us in good faith. If Luzerne and Carbon men a The Miners' Journal, February 25, 1871. THE ANTHRACITE MINE LABORERS. 739 do not work with, ns in good faith, that we then make such arrange ments as will be for our own welfare.” (a) It was thought by the miners that, with the general suspension, prices would soon advance and the operators would once more be able to pay the old wages. After a month, therefore, they offered to go back to work. Some of the operators, now on the verge of ruin, were ready to resume on the miners7 terms. But a new feature was introducedlnto the situation to prevent these uguerrillas” from operating their mines. The time had now come for harmonious action on the part of the operators. If it could not be obtained in one way it must be in another. When those operators who had resumed work offered their coal for shipment they found that freight rates had on most of the roads been doubled; on the Reading they were trebled. Such rates were of course prohibitive, and all mining ceased. The Reading was not at this time an owner of coal lands, but it had suffered from the frequent stoppages of the mines which were the source of the greater part of its traffic, and had, therefore, a very direct interest in the settlement of the con troversy now being waged. Moreover, the company was at this moment taking steps ‘for the purchase of coal lands, and it was afterward charged that it had as great an interest in the destruction of the busi ness of the small operators as it had in the settlement of the labor dis pute. By this action of the railroad companies the working of the mines was brought to a standstill. A legislative committee was appointed to inquire whether the companies were not exceeding their charter privileges in demanding such high rates. The committee found that it had been decided (b) by the supreme court of the State that u tolls” in the charters had reference to a charge for passage, and not for carriage. There were, therefore, no charter restrictions upon the rates that*might be made for u freight.” Whether there existed an unlawful combination among the companies, the committee did not undertake to say. That was a matter for judicial inquiry, (e) ' The report of the committee was made April 15. In the meanwhile the operators,.ignoring the officers of the Workingmen7s Benevolent Association, had tried to come to terms directly with the workmen. About the time the legislative committee made its report some of the operators at Scranton attempted to put nonunion men to work. Three of the men were shot by a mob, and others were driven away with stones. The State militia was sent to put down the disturbance. The strikers goo possession of the arms of the militia and, visiting every colliery where work was being done, drove the workmen away, (d) In spite of the investigating committees, the governors proclamation, and the militia, the deadlock continued. But preparations had been The Miners' Journal, February 25,1871. Boyle v . The Philadelphia and Reading R. R. Co., 4 P. F. Smith, 310. c Pennsylvania Senate Journal, 1&71, p. 787. d Commercial and Financial Chronicle, April 15, 1871. a b 740 BULLETIN OF THE DEPARTMENT OF LABOR. making for some time for a settlement, a form of settlement, too, which brought with it the hope of more friendly relations between the miners and the operators than had hitherto existed. During the winter Mr. Eckley B. Ooxe, an operator at Drifton, in the middle region, had written a series of articles for the Anthracite Moni tor, a paper published by the miners7 union, in which he advocated arbitration as a means of settling disputes between employer and employed. Efforts were-made during February and March to get the question in dispute before a board of arbitration, but it was not till the strike had dragged off almost four months that the miners were willing to submit the question. On April 17 a joint board composed of an equal number of miners and of operators, representing each of the anthracite counties, met at Mauch Chunk to pass upon the ques tions in dispute. In case of nonagreement the final decision was to be made by an umpire. For this position Judge William Elwell, of Bloomsburg, was chosen. The questions to be submitted were those pertaining to the general relations between the miners and the operators—questions as to the interference on the part of the workmen with the operation of the mines and with nonunion workmen, the attitude of the operators toward the miners7 unions and the like, and the more pressing ques tion as to wages and the sliding scale. It turned out that some of the miners did not have authority to submit the question of wages to an umpire, and it seemed as though the arbitration would fail. The mat ters relating to the attitude of the workmen and the employers were, however, submitted to the umpire and by him defined April 19. Again the operators sought to ignore the miners7unions by making directly to the miners an offer of fair wages with no sliding scale for the remainder of the year. This attempt, probably, had something to do with induc ing the miners to submit the question of wages to arbitration. At any rate this was agreed to May 11, and on the 17th Judge Elwell gave his decision. The decision related only to wages in the Schuylkill region. The sliding scale of 1 per cent for each 3 cents rise and fall in the price of coal was retained. Two dollars and seventy-five cents was taken as the basis, but wages were not to be reduced after coal had fallen to $2.25 at Port Carbon. Contract work was reduced 10 per cent upon the prices paid in 1869. Ip the agreement of May 11, to submit the question of wages to arbi tration, provision was made for the settlement of all future disputes, except those concerning wages, by district boards composed of three miners and three operators, these boards to have power, in case of dis agreement, to appoint an umpire. This, so far as the writer is aware, is the first noteworthy example of arbitration in .the United States. The introduction of this mode of settling difficulties was looked upon with great satisfaction by those who had seen the suffering and loss occasioned by the strikes of the past half dozen years. Before the mines had been running long, however, this feeling of satisfaction was THE ANTHRACITE MINE LABORERS. 741 turned to one of chagrin. The price of coal went below $2.75 at Port Carbon, and some miners demanded that no corresponding reduction should be made in their wages. One operator acceded to the demand. Every effort was made by the officers of the Workingmen’s Benevolent Association to induce the men to stand by the agreement, and the Anthracite Board of Trade, expelled the offending operator from mem bership.. But in spite of the efforts made on both sides, other miners and other operators, disregarding the award of the umpire, made such terms as they could, and thus increased the causes of dissension between the miners and their employers. This exhibition of bad faith on the part of the workingmen stood in their way when at the end of the year an agreement was made for 1872. The operators did not refuse to meet.the committee of the Workingmen’s Benevolent Association, as under the circumstances they might well have done, but the miners wisely made concessions to the operators and trouble was avoided. Wages per week were to be $10, $11, and $12, respectively, for outside laborers, inside laborers, and miners, when coal sold at $2.50 at Port Carbon. Contract wages were reduced 8J per cent below those for 1871. The miners insisted, however, that, since it was the fault of the operators if coal went below the basis price, they (the miners) should not be made to suffer for it, and succeeded in getting a promise that wages should not be at less than the basis rate for more than two months during the year, and at no time were they to be reduced more than 8J per cent, {a) This last provision worked unfavor ably for the operators on account of the low price of coal during 1872. (b) The next year saw the formation of the first combination of the oper ators to restrict production and maintain prices, and, in spite of the panic of that year and the depression which followed, prices and wages were well maintained till 1875. (c) There were some difficulties, settled often by strikes, but they did not become general. In one case at least successful resort was made to arbitration. In 1872 the miners in the employ of Ario Pardee & Co., near Hazleton, asked for an advance of wages and were refused. The request was renewed in 1873, when it was agreed to submit the matter to Judge Dargan as umpire. His decision, though against the miners, was acquiesced in by them. (d ) The depres sion which began in 1873 cut off a large part of the market for coal used in iron furnaces and factories, and no attempt was made to advance wages during 1874, and the operators, aided by their combina tions, abstained from attempting any reduction. In 1875, however, all this was changed. All over the region there was a movement for lower wages. In the Lehigh district the reduction offered amounted to from 15 to 20 per cent. In the Schuylkill region a The Coal and Iron Record, March, 1872, I, p. 30. b Saward, The Coal Trade, 1874, p. 60.' c l b i d . y 1875, p. 27. d Labor Troubles in the Anthracite Regions of Pennsylvania, 1887-1888. House Reports, 50th Cong., 2d sess., No. 4147, p. 40. 742 -BULLETIN OF THE DEPARTMENT OF LABOR. it was from 10 to 20 per cent. Another virtual reduction was also pro posed. In 1874 the method of deciding upon the price of coal, upon which wages depended, had been to choose five collieries by lot from all those in the region shipping 30,000 tons or more. These were to return to the joint committee of operators and miners making the drawing the prices obtained for their coal at Port Carbon. The average of these prices determined the wages for the month. It was now proposed by the operators to include in these drawings only the white-ash collieries. Inasmuch as coal from the red-ash veins, as for example the Lykens Yalley coal, brought considerably higher prices than the white-ash, the price of coal so far as wages were concerned would be reduced by this exclusion of the red-ash collieries. Moreover, outside laborers were to be paid specific wages, i.e., they were to be deprived of the questionable advantage of the sliding scale, (a) In the northern region heavy reduc tions were proposed, and there submitted to. It is charged all through these troubles that the miners of the northern district were not to be relied upon at critical moments. Their faithlessness is often attributed to the policy of the large operators in buying off the men with temporarily higher wages, or when it was cheaper to do so, in making terms with the leaders. It was openly charged, too, that these operators were as faithless to the operators in the other districts as they induced their men to be to their fellowminers. In the strike of 1875, for example, it was charged that they, by furnishing the Lehigh and Schuylkill strikers with funds, greatly prolonged the struggle and reaped a handsome profit in the increased business they were able to do. (&) In the Lehigh and Schuylkill regions the miners refused the terms offered, and on January 1, 1875, went out on what -came to be known in the anthracite region as the “ long strike.” It is not intended to give the details of the long and tedious struggle which followed. For the most part it was carried on in an orderly way, though in some places violence was occasionally resorted to, and at one time the militia was called out to quell a disturbance. In the early days of July the strike ended in the unconditional surrender of the miners. Substantial reductions in wages were made all over the region. The miners were compelled also to give up an advantage they had won in the legislature. The measurement of coal in wagons had long been a subject of dissension, and the miners had finally succeeded in securing an act providing for the weighing of coal. (c ) The operators now required as one of the conditions of resuming work that the rights secured by this act be signed away. The sliding scale, it is true, was retained. But it was no longer desired when the Workingmen’s Benev olent Association was destroyed) and this was one of the most impor tsThe Miners' Journal, January 4,1875. 1) The Engineering and Mining Journal, August 4, 1875. c Laws of Pennsylvania, 1875, p. 38. THE ANTHRACITE MINE LABORERS. 743 taut results of the strike. The power of the union was completely broken. Some local organizations were for a time maintained, but the old order was gone, never to be restored. It is perhaps worth while to note more carefully the work of this remarkable organization and the causes of its breakdown. Brought into the anthracite region by miners who had had experience in thd English trade unions, it had the chief features of its prototype—the mainte nance of a standard wage, the exclusion of nonunion workmen, and provision for sick and death benefits for its members. One of the main objects, as given in the constitution of the association, was, u that the stranger might find the kind attention and fostering care of a brother when needing assistance, and be encouraged in resolutions of morality and sobriety at all times.” Liberal provisions were made for payments to the sick and disabled, and for the care of widows and orphans. Without doubt the u benevolent ” features of the society were intended to be made a prominent feature of the work. But there is no record of the administration of the funds for this or other purposes. Benefit expenditures are, however, said to have been “ enormous,” and they doubtless were considerable. The strikes in which the society found itself involved from the very first necessarily absorbed most of the energies of the miners and created in the iiublic mind the impres sion that the union, was intended solely for purposes of warfare. The strongest motive to union was the prevention of the further decline of wages. Certainly such success as was gained in this direction was dearly bought. But much of the advantage gained from the union was not seen by the public. Bace prejudice and hatred were for the time held in check, and a more humane and fraternal spirit, even in the midst of strife and occasional acts of treachery, than had before ex isted was exhibited in many an act of devotion and self-sacrifice. It was through the direct influence of the union that cooperative stores were started by the miners at various places—a venture, it must be said, that was far from successful. Through it several newspapers were sup ported for varying periods. Through it was secured the passage of the first mine-inspection law which, though faulty, led to the enactment of a more satisfactory one. Through it also was secured the passage of the law to provide for weighing coal at the breaker, though this, through the hostility of the employers, never became operative. The example of successful organization here aided in effecting organ izations elsewhere. John Siney, long prominent in the anthracite region, became the first president of the Miners’ National Association, organized at Youngstown, Ohio, in 1873. He was active in introducing the Miners and Laborers’ Benevolent Association into the bituminous fields of Pennsylvania, where he and Xingo Park with twenty-six others were convicted of conspiracy in 1875 for trying to prevent non union men from working—an event which contributed much to the collapse of the miners’ organizations throughout the State and of course to the downfall of the union in the anthracite region. 744 BULLETIN OF THE DEPARTMENT OF LABOR. In politics, and especially in local affairs, the workingmen became a ruling power. Indeed, to the active part taken by the union in political affairs is sometimes attributed its loss of power. As soon as the politi cal'field was entered, the officers of the union found themselves opposed not only by the operators, but by the politicians. A part of the game for both these elements was to destroy the confidence of the men in their leaders. This is why no just conception of these men can be had from the speeches and public prints of the time. They are always depicted as unscrupulous and overreaching men, urging the miners to make unreasonable demands upon their employers. As a matter of fact, the leaders were far more conservative than the men they led. Their failure lay where it so often lies in leading a labor movement, in not being able to control the machinery they had set in motion. With ordinary workmen and in ordinary circumstances the leadership exhib ited might have been highly successful. As it was, both men and con ditions were extraordinary; and the wonder is, not that the organization broke down, but that it lasted as long as it did. One of those conditions was- the united action of the operators. It will be remembered that up to 1871 the lines of both operators and workmen were constantly broken by those on both sides who sought a temporary and personal advantage at the .expense of the permanent interest of their fellows. In the beginning of this year it seemed the miners had learned to act together. They had ordered a thirty days’ “ suspension.” It became general. No one could predict what might not be accomplished if only moderation were practiced. It was at this time that the railroad companies raised their freights to prevent work from being begun till all began. The chief danger from the operators’ side was in the Schuylkill district, where the mining was done by numerous individual operators. The Beading Railroad Company, not relying upon the manipulation of.freight rates to control the “ guer rilla” operators, determined at this time to become a purchaser of coal lands. From being an owner of coal lands the company soon became an operator. This furnished the condition precedent to a combination of all the producers. By the latter part of 1872 the united front of the workmen was, therefore, met by an equally united front oh the part of the operators. Another difficulty with which the union had to contend was the law lessness and violence which prevailed in the region during its whole history. Much of this violence was the natural attendant upon the numerous strikes in which the workmen were engaged, and for which the union should properly be held responsible. But this is by no means true of the frequent burnings of breakers, and not less frequent murders, which characterized the ten years from 1866 to 1876. This kind of lawlessness is traceable for the most part to the secret society kndwn as the “Molly Maguires” which flourished at this time. There was no connection between this society and the Workingmen’s Benev THE ANTHRACITE MINE LABORERS. 745 olent Association, except tliat tlie members of tbe one were also mem bers of the other. But the work of the Molly Maguires, whatever its stated purpose, was to satisfy personal vengeance rather than to improve the condition of the miners. While some of the local unions were doubtless dominated by these men, and the union as a whole was in some degree influenced by them, the larger society had nothing to do with their darker deeds. The most that can be said against the union is that it did not prevent, though no doubt it checked, the law lessness for which an undiscriminating public held it responsible. But whatever the degree of blame justly resting upon the union, every breaker burned and every murder committed told against it by bind ing together more closely the operators and by weakening public sympathy in the miners’ cause. But after all is said, the real and sufficient reason for the downfall of the Workingmen’s Benevolent Association must be sought in the immoderate policy pursued in all its affairs. These affairs from the first the men conducted unwisely. They were unreasonable in their demands and arrogant and domineering when success came to them. One must conclude, however strong his sympathy with their main pur pose, that they brought upon themselves the failure they deserved. One result attributed to the Workingmen’s Benevolent Association should not be passed over in silence. It is sometimes said that to its influence was due the consolidation in the ownership of anthracite lands which took place at this time, especially in the Schuylkill district. Mr. Gowen for several years was in the habit of referring 16 the tyr anny of the laborers as the chief cause for his purchase of lands and for embarking the Reading company in the business of mining coal. With from 70 to 75 per cent of the company’s receipts coming from the transportation of coal, it had suffered severely from the frequent stop pages of the mines, and any means of controlling the labor organiza tion, held to be responsible for these stoppages, was a matter of prime importance to it. The substitution of the Reading’s single control of the mines for the antagonism of many individual operators was expected at the time to supply the means of effectually dealing with the miners. But while the contests with the miners were a convenient excuse for Mr. Gowen to urge at this time in* order to quiet the opposition to his plans, and while his action may have been hastened somewhat by the labor troubles, the sufficient reason for the Reading’s purchase of coal lands lay in the necessity of protecting the company’s territory from invasion by other railroads. In all parts of the region the companies were extending their lines and buying lands to supply tonnage for them in the period coincident with the life of the union. But that movement began before the appearance of the union, and would, without doubt, have progressed as it did whether there had been a union or not. It may be said, in passing, since it throws some light upon after devel opments, that the hostile attitude assumed by the companies at this 746 BULLETIN OF THE DEPARTMENT OF LABOR. time toward organized labor has ever since been constantly maintained. This is especially true of the Beading. Every effort has been made by the company to prevent organized labor from gaining a foothold not only at the mines but upon the railroad as well. Its hostility was shown early in 1877 when, on being informed by Pinkerton detectives of the movement which culminated in the great strikes of that year, Mr. Gowen promptly gave notice to the engineers on the road to quit the Brotherhood o f Locomotive Engineers or the service of the company. It again showed itself in the contest of the receivers with the Brother hood of Bailway Trainmen in 1894, when it appeared that employees were required to sign an agreement not to join a labor union while in the employ o f the company. With these facts in mind let us now return to the course of events after the downfall o f the Workingmen’s Benevolent Association in 1875. The ten years which followed the “ long strike” have little for us to consider and may be quickly passed over. Wages had been consider ably reduced, but the condition of the trade during the industrial depression was not such as to invite attempts to increase them. Dur ing the ten years several organizations of local importance made their appearance in various districts, but none became general. In the late seventies, however, even before the lift that came in business conditions in 1879, a society was organized on the lines of the old order, called the Miners and Laborers’ Amalgamated Association, which gained some strength during the early eighties, especially in the middle and southern districts.' So, too, the Knights of Labor had gained considerable strength in the vicinity of Scranton as early as 1878, when it was esti mated that they were 15,000 strong, (a) Opposed by the Catholic Church, the order grew slowly during the next six or seven years, then in 1885 and 1886 it spread with great rapidity over the whole region, absorbing or overshadowing all other organizations of miners. As the strength of the organization increased attempts were made to gain recognition for it and to correct abuses which, it was felt, had been accumulating. First of all it was urged that there should be a restoration of the wages paid prior to the “ long strike.” Nominally there had been no material change in the rate since that time, but it was held by the men that there had* been by various devices a virtual decrease in wages. One device was by increasing the size of the mine car,* another was by unfairly docking the miners for waste stone and dirt sent to the breaker; another was by charging miners exorbitant prices for supplies needed in the mines, as powder, cotton, fuses, and the like. A ll the companies furnished such supplies to their men, and certainly the door was open to abuse in this direction. So, too, since the disappearance o f the Workingmen’s Benevolent Association, the abuse arising from the “ company store,” which had during the life o f a The Engineering and Mining Journal, April 15, 1878. THE ANTHRACITE MINE LABORERS. 747 the union been held in check, had come back, if not in so great a degree as before the war, still in a form to create great annoyance and con siderably to decrease wages. Since the destruction o f the union, too, the deductions from “ basis” wages made through the operation of the sliding scale was a source of complaint. It bad been part of that plan that representatives of the miners should be present at the drawing of collieries, on the returns of which wages for the southern district depended. Since 1875 the miners were not so represented. It was believed that false returns were made by the Schuylkill Coal Exchange, only the ghost of which now remained. In fact, it was on this point that a joint committee of Knights of Labor and of the Amalgamated Association succeeded in gaining recognition and in winning their first success in 1886. The committee told the Beading Company that the men did not think they were receiving the wages due them in view of the market price of coal, and for some rea son or other there was an advance in the wages paid the next month. Two great advantages were gained by this action of the joint com mittee—the organization had been recognized and its power to increase wages had been shown. The effect upon the organizations was greatly to increase their strength. In 1887 a demand for an advance of wages, which had for a year or two been made in a half-hearted way, became decidedly bolder. The price of coal had declined since 1875 and was normally below $5 at tide water. It was, therefore, asked by the Lehigh miners that the advanced wages should be paid upon a new basis of $4 at tide water and that the sliding scale should be materially changed. In both districts where the sliding scale was employed, it was asked that the miners might be represented upon the committee for declaring the wages each month. The attempt was made to secure the cooperation of miners over the whole region. The Lehigh operators refused to consider these demands or to treat with the organization. This led to a strike in September, which lasted for many months. In the southern district the miners were more successful. The Beading, in its usual precarious financial condition, was anxious to prevent a conflict, and agreed to advance wages from September 1, 1887, to January 1,1888, and to con tinue them thereafter in case the Lehigh operators should consent to a similar advance. The outcome of the strike in the Lehigh district thus became a matter of prime importance to the miners of the southern district. They there fore did all in their power to strengthen the hands of the strikers, chiefly by furnishing money for the strike. On the other hand, the Beading attempted to give aid to the Lehigh operators by furnishing them with coal with which to fill their orders. This was considered by the miners as a breach o f faith, though why it was more so on the part of the Beading than their own actions had been it is difficult to see. A t any rate, in the closing days of the year, the miners, foreseeing that there 748 BULLETIN OF THE DEPARTMENT OF LABOR. would be a reduction after tbe first of the year, made preparations for a strike, (a) It is worth noting how the strike was precipitated. When in November, 1887, it was found that coal was being moved by the Reading Company for Lehigh operators, a protest was sent to the company, but the coal continued to be moved. In the latter part of December, how ever, it was decided by the workmen that the time had come to stop this kind of aid. This they attempted to do through the Knights of Labor working for the railroad company. In fact that organization had allowed itself to be used for similar purposes earlier in the year. The Reading Company had received a consignment of flour to a firm in Philadelphia which had refused to hire some Knights of Labor and the Knights on the railroad refused to handle it. Now, during the holiday season, when an attempt was made to load a barge belonging to a Lehigh operator with Reading coal, the Knights of Labor refused to do the work and were discharged. About the same time switching crews' refused to handle coal intended for similar purposes and they were dis charged. The company felt that since it was paying the high rate of wages agreed upon it could brook no interference with the free disposal o f its product. The workmen tried to get the company to submit thegathering difficulties to arbitration, blit the company could see nothing to arbitrate. On the 6th of January work at the Reading collieries ceased and was not generally resumed till about the 1st of March. At that time there was an unconditional surrender on the part of the men. They resumed work at the old scale of wages and their organizations which had shown so much strength were again completely broken. Since the failure of the strike o f 1887-88 there has been no organi zation of importance among the anthracite miners. Efforts in that direction have by no means been wanting, however, and at the present time there seems to be a steady growth, especially in the middle dis, trict, o f the United Mine Workers, but an effectual organization has almost insuperable difficulties to overcome. The great obstacle to union here, as elsewhere, is lack of confidence and faith among the members; and scarcely anywhere is that obstacle so great and so hard to remove as among the coal miners* Here is ignorance, the parent of distrust, in an unusual degree; a past full of failure to secure what unfortunately is usually made the only object of such organizations; a marked dissimilarity in race, language, and religion, making it difficult to secure cohesion enough for any united effort; the danger, arising from the same causes, that a movement once started can not be con trolled; the existence of a normal surplus of mine labor; and over all, the steady, united opposition of the operators to the rise of any sort of labor organization. It is expected that this last-mentioned difficulty will be removed by a Labor Troubles in tbe Anthracite Regions of Pennsylvania, 1887-1888. House Reports, 50tk Cong., 2d sess.. No. 4147. THE ANTHRACITE MINE LABORERS. 749 the so-called 44labor union intimidation” act, which became a law in June, 1897, 44to protect employees of corporations in their right to form, join, or belong to labor organizations by prescribing penalties for any interference therewith.” But with a large mass of laborers at hand to choose from, whose needs are pressing and whose prejudices are easily played upon, and in view of the difficulty of proving that unfriendli ness to laborers is due to their connection with a union, it may well be doubted whether the obstacles in the way of effective organization will be materially lessened by the law. Several of the difficulties mentioned grow out of the remarkable change which has taken place in the char acter of the mining population in recent years. This is a matter of importance as bearing not only upon the question of organization but upon the general conditions of employment in the region, and deserves to be spoken of at some length. As has been said before, the early miners in the anthracite region were, for the most part, English, Welsh, Scotch, Irish, and Herman, and the growth of the mining population down to the early seventies was mainly through additions from the same stock, either by natural increase or by immigration. It was these people who, putting aside race and religious antipathies, acted together in the movement for the ten years following the war in the Workingmen’s Benevolent Associa tion. But about the time of the collapse of that society in 1875 immi gration from another source began. It is at this time we first hear of the Poles, Hungarians, and Italians coming into the mining region. How far their introduction was due to the action of the operators under a system of contracting for their labor before their importation is not clear. It is quite certain, however, that this method of securing labor ers was common at the time and had been for many years. Indeed, in 1864, Congress had openly sanctioned such a plan by passing the 44Act to encourage immigration.” {a) By this act contracts, whereby the wages of laborers were pledged for the payment of passage money or other money advanced to them, were legalized, and such advances were made a lien upon any property those receiving them might after ward acquire. Immunity from military service was also expressly guaranteed, and a commissioner and a superintendent of immigration, whose chief functions seem to have been to facilitate the bringing of laborers, were provided for. Thus encouraged, companies were not wanting to 44assist in carrying out the intention of Congress.” One of these was the American Emigrant Company, with an authorized capital of $ 1,000,000. Among its references were governors of States, Con gressmen, Senators, and Cabinet officers, and letters were written by Henry C. Carey and Chief Justice Chase approving of the law and wishing the company success, (b) a b 13 Statutes at Large, 385. The American Emigrant Company, New York, 1865. 1453—NTo. 13-----5 750 BULLETIN OF THE DEPARTMENT OF LABOR. There is no doubt that the anthracite operators made use of this method o f securing workmen. But at this time and for ten years afterward the laborers brought in were from the United Kingdom or the northern continental countries, and, while from their presence in large numbers they may have contributed to the defeat of the strikers in 1875, they did not constitute a new feature in the mining population. During the late seventies began that immigration to the United States from southern and eastern Europe which has done more than anything else to change public opinion on the subject of immigration and which led, only twenty years* after the act to encourage the importation of laborers, to a complete reversal o f the policy o f that act. Indeed, it is difficult to see how a government which was using its power of taxation for the avowed purpose of maintaining a high standard of wages should so long have allowed employers to use so direct a means of defeating the efforts of laborers in their own behalf. But before the passage of the alien contract-labor law of 1885 a strong current of Poles, Huns, Italians, and Bussians had already set toward the United States, a large part of them finding their way to the coal mines; and however well the law may have been administered, the current has continued to the present time even stronger than ever before. The presence o f this class of laborers no doubt contributed to the defeat of the strike of 1887-88. It is said that the operators had been making preparations for the conflict they saw approaching by inducing these men, either before or after reaching the country, to come to the mines. However that may be, there were, it is estimated, at the time of the strike, about 5,000 Poles, Huns, and Italians in the Lehigh dis trict, and double that number in the Wyoming district, (a) The United States census of 1890 shows the total number of these nationalities in the five anthracite counties to be 28,216. This is 10,307 less than the foreign-born Irish in the same counties, 5,627 less than the foreign-born Germans and Austrians combined, while of English there were 22,729 and of Welsh 23,104. There is no means of knowing the number o f the various nationalities employed at the mines, but it is certain that a far greater proportion of the Polish, Hungarian, and Italian population are so employed than of the othep nationalities named. A fairly accurate indication of the number and growth o f this class for the last half dozen years may be had from the following figures furnished by the Philadel phia and Reading Coal and Iron Company, showing the “ nationality and. parentage,” but not the place of birth, o f the employees at their mines in 1890,1895, and 1896: a Labor Troubles in the Anthracite Regions of Pennsylvania, 1887-88. House Reports, 50th Gong., 2d sess., No. 4147, p. 49. THE ANTHRACITE MINE LABORERS. 751 NUMBER AND PER CENT OF THE VARIOUS NATIONALITIES EMPLOYED AT THE COLLIERIES OF THE PHILADELPHIA AND READING COAL AND IRON COMPANY, 1890, 1895, AND 1896. 1895. 1890. 1896. Nationality and parentage. Number. Per cent. Number. Percent. Number. Per cent. Arpprjpflii ............................................. . English............................................................ Irish........... ................. . . . . . . . . ____. . . . . . . German............................ .............................. Scotch............. .............................................. P olish ............................................... - __ . . . Hungarian...................................................... Italian................... ........................................ ■ T otal............... .................................... 4,719 2, 088 6 , 887 3,709 86 19.1 8. 4 27. 8 15. 0 .9 5.2 17. 3 5.9 .4 5, 765 1. 960 6, 450 3, 471 223 i,m 5, 955 2,800 245 24,734 100.0 27,981 210 1, 282 4, 287 1, 466 10.0 5, 838 1, 799 6 , 025 3, 207 168 1, 037 6 , 895 3,180 .9 211 .7 100.0 28, 360 100. 0 20.6 •7. 0 23. 0 12. 4 .8 4.0 21. 3 20.6 6.3 21. 3 11.3 .6 3.7 24.3 11.2 These figures account for about 70 per cent of the mine laborers of the southern field. Assuming the same proportions for the whole region, there are not far from 50,000 of the class of which most com plaint is made employed at the anthracite mines. The table shows a rapid increase of this class since 1890. In that year the three nation alities formed 23.6 per cent of the employees at the Beading collieries. In 1896 they formed 36.2 per cent. It may be. said that the estimates of this element of the population are invariably higher than here set down. But those estimates are usually based upon impressions rather than the actual returns from the collieries. What will be the social consequence of the continued immigration of this class of people it is difficult to foretell. The very name of Pole and Hun has something o f terror in it for us, and yet one comes away from the anthracite region by no means sure that the evils of such immigration have not been greatly exaggerated. The Poles, and especially the Lithuanians, who are not of Polish stock but are usually grouped with them, are a docile and industrious people, and in some respects might well be taken as examples by some of the Englishspeaking miners. They are compelled by the conditions under which they live to be clannish, but they are perhaps not more so than the Irish. They readily adjust themselves to the life about them, and if the conditions were more conducive to fffaat end might be made into excellent citizens, as many of them now are. Unlike many of the older miners, they become owners of property when it is possible, as have the Welsh, especially in the northern district. For this purpose they have societies, similar to our building associations, to aid in acquiring property, and in some localities, as at Sliamokin and Shenandoah, they have made considerable progress. Unfortunately, they do not readily learn the English language. Much of the ignorance attributed to the. Poles is, in fact, only ignorance of English. It makes them less valuable workmen, especially in the more dangerous places, than they otherwise would be. 752 BU LLETIN OF THE DEPARTMENT OF LABOR. i The incomplete returns of the mine inspectors, showing the nation ality of those suffering accidents, do not, however, indicate that they are.responsible for a disproportionate number of accidents. Neverthe less, it is frequently proposed, ostensibly for the purpose of rendering the mines more safe, to make a knowledge of English a necessary quali fication for receiving a miner’s certificate. The Poles become natural ized, as a rule, as early as possible. One great drawback throughout _the anthracite region to the improvement.of the laboring population is that of intemperance, and it is one by which the Poles are especially hampered. Drunkenness is not an accomplishment acquired since their arrival in America. u I think,” says the censor morum of his people, writing in the early part of the seventeenth century, u that drunkenness has made its nest in Poland,” and the Poles bring with them to America this national characteristic. Shenandoah, with a population of about 15,000, o f whom one-third are estimated to be Poles, has 150 saloons. O f these 85 are kept by Poles, only 3 by Americans. Nevertheless, they are steady workers and are looked upon by the operators as a valuable addition to the mining population. A few years ago it could be said that the English, Welsh, German, and Irish still did the skilled work about the mines, but each year this is becoming less true. The Poles are rapidly passing from the position of laborers to that of miners. It is interesting to note one of the processes by which they have become miners. An English miner working upon a breast finds, from a change in the dip or for other reasons, that he can not make his usual wages and he asks for an advance. This not being granted he leaves the place. Formerly, in the days of the Workingmen’s Benevolent Association, no one would be allowed to work the breast; Now it is given to a Pole, and by harder work and longer hours he is able to make fair wages. In like manner miners working on contract and employing other miners at day wages often prefer the Poles because they are willing to do more work than a u white” miner. No doubt the preference often shown by the operators for such laborers is likewise due to this cause and to their readiness to work where other miners will not. The operators say that but for the willingness of these people to do such ^ r k many places would have to be aban doned long before all the workable coal has been taken out. It is not to be supposed, on the other hand, that the Poles systematically underbid the other workmen. They like high wages and are quite ready to join labor organizations which have higher wages as their aim. Like other Catholics at present they are kept from such organizations, however, to a very great extent by the agitation over the American Protective Association, which has done so much to disturb the work of the labor unions at the mines and elsewhere. O f the Huns and Italians not so favorable an account can be given. They have ail the vices of the Poles with but few of their virtues. With less intelligence than the Poles the Huns more rarely become miners, THE ANTHRACITE MINE LABORERS. 753 and as common laborers their earnings are, therefore, less. The Italians seem to have a dislike for underground work and are found almost exclusively in the breakers or in those parts of the field where the coal is laid bare by “ stripping?? and quarried like stone. Both nationalities have the reputation for being more vicious than the Poles and far less susceptible to such influences for good as are found about them* All form an incongruous element of population, the attempt to assimilate which will prove a most interesting but dangerous experiment. What the ultimate effect of the continued influx of this class of popu lation may be, no one can foretell. But there are certain immediate and unmistakable effects that may be briefly noted. The very numbers which continue to come to the mines are in themselves a menace to the welfare of the mining population. A large surplus of laborers in the region is not a new condition, but it is certainly more marked now than ever before. It has resulted in the rapid displacement of the old class of miners, not so much through a reduction in the nominal wages paid as through the greater irregularity of employment now prevailing, and consequently lower annual incomes. Here is one of the many cases where the competition of intelligence and muscle is offset by the competition' of standards of living. The Poles, Huns, and Italians have brought a distinctly lower standard into the region, and there is every reason for believing it will become the prevailing one. They are willing to live in poorer houses and more in the same house than the English-speaking miners, who have been forced, sometimes fortunately, into other busi ness, or compelled to be content with a smaller income than they had been used to receiving. The evidence seems to be that the newcomers commit a disproportionate amount of crime, and it is complained that they are responsible through want of knowledge of English for more than their share of accidents in the mines, though the returns do not show it. They certainly present a difficulty in organizing the miners to secure more favorable conditions of employment, and there is little wonder that the older miners despair of any improvement for the future. The attempt to test the condition of the miners by the wages paid them is one full of difficulties. In the different regions they are paid on a different scale 5 and in the same* colliery will be found miners working on contract at so much per car, others by the week; rockmen working by the yard, the price varying according to the kind of passage driven and whether it is timbered or not; inside laborers getting one price, outside laborers another, while breaker boys receive still another rate. But the time worked is as important to the miner as his rate of wages, and this varies widely at different collieries and for different classes of workmen at the same colliery. The most recent investigation made of the subject of wages is that of Mr. A. S. Bolles in 1888 and 1889, the results of which are published in the Reports of the Secretary of Internal Affairs, Part III, for the years named. It was found that in 1888 the 10 best jjaid contract 754 BULLETIN OF THE DEPARTMENT OF LABOR. miners in each o f tlie 45 collieries making returns received for the two hundred and forty-six days worked an average of $2.98 per day, or $734.06 for the year, as compared with an average daily wage of $1.96, or $465.27 for the year, for the 10 best paid miners in each of the 71 bituminous mines examined. The next year the scope of the inquiry was extended to all the contract, miners at the collieries (18 anthracite and 8 bituminous) making returns. Dividing the miners of each col liery into 10 equal groups according to their earning capacity, the aver age daily earnings for the different classes were found to be as follows: A V E R A G E D A IL Y EAR NINGS OF COAL M IX E R S , CLASSED B Y E A R N IN G C A P A C IT Y . Class. F ir st.............................. SfiO O TU l ................... - ___ T hird ............................ Fourth.......................... F ifth .............................. Anthracite miners. Bituminous miners. $3. 55 2.93 2.73 2 . 61 2.50 $3.24* 2.65* 2.41* 2.33 2.19* Class. Sixth............................ Seventh.. . . . . . . . . . . . . Eighth........................ N in th .......................... Tenth................... ...... Anthracite miners. Bituminous miners. $2.38 2.29 $2 . 10* 2.20 1.91 1.79 1.60 2.06 1.79 2.02 In a few cases the yearly earnings of anthracite miners amounted to more than $ 1,000, in one case to more than $1,400. But the great body of miners working, apparently, about colliery tifiie received between $400 and $600 for their year’s work. A considerable number earned more than that, and another considerable number even less than $ 200. But both extremes should be treated as exceptional cases. The largest earnings do not indicate the superiority of these few miners over the average, but are probably those of men who take contracts by the yard or car and hire one or more miners by the day; This plan is followed in most collieries for a small amount of work not easily super vised by the foreman. It Is a subject of complaint by the miners, though probably with little reason, since the contractors are required to pay company wages. The lowest earnings are for men who worked only part of the colliery time and, like the highest, throw no light upon the possible earnings of contract miners. The following figures com piled from the Bolles investigation show the average daily earnings, by classes, of all the contract miners at 26 (18 anthracite and 8bituminous) representative collieries for the year 1889 and the number of contract miners in each class. THE ANTHRACITE MINE LABORERS. 755 A V E R A G E D A IL Y EAR N IN G S, B Y CLASSES, OF A L L TH E CONTE ACT M IN EES A T 26 R E PR ESEN TA TIVE COLLIERIES FOR 1889, A N D TH E NU M BER IN E A C H CLASS. [To obtain the averages shown in this table, the whole number of contract miners in each colliery were divided into ten classes, according to their wages. A s it was impossible to form ten equal classes, the first nine were made equal, the remaining miners being placed in the tenth class. The figures showing contract miners in each class are therefore for the first nine classes only.] Class. Colliery number. First. al a2 a3 a4 a5 a6 al aS a 9 a 10 all a 12 a 13 a l4 a 15 b 16 b 17 618 619 6 20 6 21 6 22 6 23 a 24 a 25 a 26 Second. Third. Fourth. Fifth. $2.64 3.62 3.00 2.98 4.34 4.58 2. 87 3.60 3.82 3. 63 4.43 4. 02 4.-22 3.19 3.92 3.16 2 . 68 5. 93 4. 20 2. 35 2. 56 2.65 2.41 2.92 3. 28 2. 81 $2.35 3.33 2.78 2.43 3.41 3.26 2. 23 3. 07 2.93 2 . 81 3. 96 3.26 3.74 2. 95 2.97 2.58 2.42 4. 30 3.49 1.97 2.16 $2.15 3.29 2.69 2. 32 3.09 3. 06 2.10 2. 92 2.64 2. 51 3.68 3.15 3.52 2.78 2.69 2. 31 2. 35 3. 70 2.»7 1.84 2.20 2.11 2:12 2.11 2 . 01 2. 33 2. 64 2. 30 2.19 2. 42 2.08 $2.00 3.25 2. 63 2.17 2. 90 2. 98 2 . 00 2.73 2.52 2. 33 3.47 3. 07 3. 42 2. 67 2.49 2.15 2.29 3.39 2.76 1. 72 2. 07 2.02 1.93 2.06 2. 32 1. 95 a Anthracite. $1.92 3.20 2. 51 2. 07 2.75 2.87 1. 92 2. 64 2.39 2.19 3.12 3. 00 3. 35 2.59 2.36 2.02 2. 24 3.13 2. 63 1.62 2. 03 1.99 1.89 1.89 2.25 1.88 Sixth. $1.85 3.14 2.42 1.97 2.57 2 . 81 1.82 2. 56 2.28 2. 09 2 70 2. 96 3. 24 2.48 2 . 22 1.93 2. 20 2.95 2. 47 1.53 1.98 1. 95 1.83 1. 77 2.18 1.82 Sev enth. Con tract miners Eighth. Ninth. Tenth. in each class. $1.77 3.08 2. 34 $1. 69 3.01 1.88 1.78 2.23 2. 73 1.65 2.42 2. 38 2.77 1.73 2. 49 2.19 2.02 2. 46 2. 91 3.16 2. 38 2.11 1.86 2.14 2. 74 2.36 1. 41 1. 95 1.90 1.78 1.64 2.11 1.77 2.21 2.11 1. 94 2. 39 2.83 3.08 2.24 2. 03 1.75 2. 07 2.50 2 . 22 1.31 1.89 1.83 1. 72 1.52 2 . 00 1.71 $1.61 2. 88 2.07 1.66 2. 03 2. 64 1. 58 2.27 1.95 1.85 2 . 22 2. 70 2.91 2.12 1. 88 1.61 1.99 2. 27 2.07 1. 23 1. 85 1. 70 1.61 1.31 1. 85 1.61 $1/43 2.45 1.82 1. 49 1.64 2.49 1. 39 1.97 1. 55 1.68 2.13 2. 34 2 . 60 1.85 1. 53 1.45 1.82 1. 83 1. 84 1.10 1.74 1.58 1.46 1.12 1.21 1.28 15 14 7 8 7 12 20 7 9 9 3 15 14 8 10 33 17 11 4 19 2 5 2L 11 26 67 &Bituminous. These contract miners, constituting about 30 per cent of the em ployees, are the best paid workmen at the mines. Those working by the day or week receive much lower wages. In the Schuylkill district the miners not working on contract (about 10 per cent of the whole number of miners) receive $12 per week, inside laborers $ 10.20, outside laborers $8.10, when coal sells at $2.50 at Port Carbon. Wages rise or fall at the rate of 1 per cent for each 3 cents increase or decline in prices at the shipping point named. Thus, when coal sells for $2.5(3, 2 per cent is added to the basis rate of wages; when it sells for $2.44, 2 per cent is deducted from that rate, and so on. These prices are the aver age received for the 4CprePare(I sizes,77 i. e., from lump to chestnut, inclusive, from five collieries drawn each month by lot. The following table shows the prices which have determined wages for the Schuylkill district for each month for the nine years 1888 to 1896, inclusive. 756 BULLETIN OF THE DEPARTMENT OF LABOR. A V E R A G E PRICE R ETUR NED FROM TH E COLLIERIES D R A W N TO D ET ER M IN E THE M O N T H L Y R A T E OF W A G E S FOR THE SC H U YL K IL L REGION FROM 1888 TO 1896. [To find the rate of wages for any month, add to or sab tract from the basis rate one-third as many per Gent thereof as the number of cents by which the price given exceeds or falls below $2.50.] Average price for the month of— xear. Jan. 1 8 8 8 .............. $2.96 2.54 1889................. 1 8 9 0 .............. 2. 37 1891................. 2. 33 2. 26 1892................. 1893........... 2.64 2 . 62 1894................. 1895................. 2.18 1896................. 2 . 26 Feb. Mar. Apr. May. June. July. Aug. Sept. Oct. Nov. $2.83 2.50 2. 32 2. 31 2. 22 2. 64 2.44 2. 22 2. 36 $2.53 2.39 2. 24 $2.52 2.39 2.16 2.24 2.29 2.42 2.35 2.19 2.49 $2. 37 2. 30 2.19 $2. 32 2.38 2. 24 2.20 2.22 2.30 2. 89 2.38 2. 45 2. 22 2.04 2.43 $2.43 2.40 2.19 2.23 2.50 2. 47 $2. 50 2. 36 2.19 2.24 2. 60 2.47 2.23 2. 04 2. 56 $2. 59 2. 33 2. 24 2. 29 2. 68 2. 55 2.27 1. 97 2.60 $2. 61 2. 35 2. 29 2. 30 2.74 2 . 60 2 . 26 2.17 2.63 $2. 63 2. 37 2. 29 2. 35 2. 67 2 . 60 2 . 22 2. 25 2.74 2.22 2. 29 2. 58 2.45 2.24 2.50 2.22 2. 05 2.46 2.22 2. 02 2.53 Dec. $2.57 2.42 2.35 2.34 2.64 2. 58 2. 20 2.37 2.70 Between this plan of a sliding scale and that found in the Lehigh district several important points of difference exist. Wages here are based upon the price o f coal at Elizabethport, thus making the miner a partner in the transportation business as well as in that of mining. When coal sells at tide water for $5 per ton the basis rate of wages is paid. Wages rise or fall at the rate of 1 per cent for each advance or decline of 10 cents per ton, as is indicated in the table following. The table shows the basis rate of wages in effect since 1875 for the principal classes of workmen in the Lehigh district and the change in the rate as prices, fall. BASIS R A T E OF W A G E S FOR THE P R IN C IP A L CLASSES OF W O R K M EN IN THE L E H IG H DISTRICT, A N D T H E CH ANGE IN TH E R A T E A S PRICES F A L L . ' Wages per week. Price of Per centbelow coal. basis. $5. 00 4.90 4.^0 4. 70 4. 60 4. 50 4.40 4.30 4.20 4.10 4. 00 3.90 3.80 Car price. 0 1 2 3 4 5 6 7 8 9 10 11 12 $0. 871 .862 .853 .845 .836 .827 . 819 4810 . 8C1 .792 .783 .775 .766 Miners. $12. 60 12.47 12. 35 12. 22 12.10 11. 97 11.84 11.72 11. 59 11.46 11.34 11.21 11 09 Wages per week. Firstclass laborers. Price of coal. $10.80 10. 69 10.58 10.47 10. 36 10. 26 10.15 10. 04 9. 93 9. 82 9.72 9. 61 9. 50 $3. 70 3.60 3. 50 3.40 3. 30 3.20 3.10 3.00 2.90 2.80 2.70 2 . 60 2. 50 Per cent below basis. 13 14 15 16 17 18 19 20 21 22 23 24 25 Car price. $0.757 .749 .740 .731 .723 .714 .705 .696 .688 .679 .670 .662 .653 Miners. $10.96 10.83 10. 71 10. 58 10.45 10. 33 10. 20 10. 08 9. 95 9. 82 9.70 9.57 9. 45 Firstclass laborers. $9.39 9.29 9.18 9. 07 8.96 8 . 85 8.74 8.64 8.53 8.42 8.31 8.20 8.10 A t such collieries in the Lehigh district as do not employ the sliding scale, and in the northern field where it has never been employed, wages are somewhat lower than the basis rate, though not varying much from the rates actually paid. The sliding scale, to secure which so much was suffered, has long been a source of complaint from the miners. They feel that the plan is no longer theirs. They have lost the right to be present at the drawings upon which, in the Schuylkill district, wages depend, and distrust the returns made. This natural distrust is strengthened when any divergence is noted between circular prices THE ANTHRACITE MINE LABORERS. 757 and basis prices. This difficulty ^as formerly avoided in the Lehigh district by holding the operators to pay wages upon their published prices. Since, however, it is the exception rather than the rule for the circular prices to be fully maintained, this provision was very disad vantageous to the operators. For the same reason such a divergence as that noted is no evidence of false returns. Moreover, even when circular rates are being main tained there is room for misunderstanding, as in the case where old orders at former low prices are being filled from one or more of the col lieries drawn. A s a matter of fact, wages have often been paid above the rate required by the scale. Thus in 1879, a year of free competi tion and low* prices, the average rate below the basis was according to the scale 24§ per cent, but the Beading Company jiaid only 15^ per cent below. The Lehigh producers in 1881 ceased to make deductions after 10 per cent had been reached, though coal went below $4 at tide water. The Beading in 1886 made advances in order to avoid trouble with their men, so it is generally understood, when the scale did not require it. Whether for good or ill, the plan can be used arbitrarily and for this reason is objectionable. In the exorbitant freight rates charged for carrying anthracite it is claimed that there is further ground for complaint. Bates are not so high as they were in 1875, but they are above the level of the five years following 1876. Consumers and individual operators who have to pay the rates have long complained of them. The small operators have during recent years been relieved in some degree from the high freight charges by a plan of selling their coal to the large railway coal com panies, taking therefor 60 per cent of the prices received at tide water. This system was largely adopted in 1892, partly to aid the Beading in its attempt to control the trade, and partly to quiet the complaints of the small operators who were clamoring for lower rates. What the freight charge now is is immaterial to them. So it is to such coal com panies as the Beading Coal and Iron Company, whose stock is owned by the railroad company, and any losses it incurs from high rates are made good by the railroad company, which receives the benefit of high rates. But the high rates, which are almost universally merely nomi nal, bear heavily upon the miners under the sliding scale. With coal at a given price at tide, the higher the freight charge, the lower the price of coal at Port Carbon; and it is upon this price the miners7 vages depend. Likewise in the Lehigh region there is ground for com plaint. Wages there are based upon tide-water prices, and these are uniformly lower than prices in the interior, where two-thirds of the product is sold. The changes which have taken place since 1875 in the preparation of coal are also believed by the miners to have worked to their disadvan tage. One of the marked features of the industry during the past twenty years is the great increase in the proportion of u small sizes ” 758 BULLETIN OF THE DEPARTMENT OF LABOR. o f coal sent to market. With the decline of anthracite as a smelting fuel, it became necessary to break down a greater amount to domestic sizes. This results in the production of an increased amount of small sizes which are sold at a lower price than domestic and large sizes. They are not, it is true, included in the average prices upon which wages are based in the Schuylkill region; but “ chestnut?Ms, and* the proportion of this size which sells for 25 or 30 cents below stove coal has greatly increased as compared with the higher-priced sizes. This change, of course, operates against the miners, but probably not so severely as against the operators. It is further contended by the miners that the level of prices is nor mally lower than when the sliding scale was adopted, and that the present basis rate should be paid upon a lower price of coal. In a word, the conditions prevailing in 1875 no longer exist. Such work men as understand their situation, losing sight of the fact that the operators have had many new and onerous conditions to meet, feel that the changes all work against them and that the whole scheme should be readjusted or abandoned; while those who do not understand it look upon the deductions as an attempt of the companies to make good their losses at the expense of their workmen. But the question of earnings is as much one of time as of rate. The daily earnings, though not high, are not unusually low for the grade of labor employed. The great evil is in the irregularity of employment. There are more than enough laborers in the region to man the collieries at their full capacity. But, as is well known, they are, and for years have been, kept idle a large part of the time to pre vent over-production. The Beading collieries were operated an aver age of 219.2 days for the six years 1885 to 1890; and for the six years 1890 to 1895 an average of 187.1 days. Of the 354 collieries whose time was reported by the inspectors of mines in 1894, only 20 per cent. ran 200 days and over; more than 30 per cent ran but half time apd less. It is easy to believe that the estimate of 67,000,000 thus as the capacity of the mines is not too high; while in 1896 only 43,200,000 tons were produced. A restriction of production is necessary if profits are to be earned upon the investments made; but as now effected it is wasteful in the extreme. Each company is compelled to maintain itself on a war foot ing, and aggravates the difficulties by increasing its capacity each year beyond the growth o f the market. A restriction which would bring about the closing o f the poorest mines, and keep only the best run ning at their full capacity, would have the advantage of a lower cost of production and would also correct, though not remove, the evil of the irregularity of employment. Owing to the periodicity of demand for coal, it will always be present in some degree. This mode of restriction would mean undoubtedly the departure' of many who are now held at the mines by the vain hope of more work next month. But such a THE ANTHRACITE MINE LABORERS. 759 mode of restriction can not be expected so long as the ownership of the mines remains, as now, divided among the eleven carrying companies which serve the field, each vitally interested in the question as to whose collieries shall be closed. With wages low and employment irregular, the lot of the anthracite laborers might be supposed to be hard enough. But they have other grievances not wholly fancied. Chief among these is the ever-present complaint against the u order system ” and u comjmny store.*’ This is a complaint as old as the industry. It was urged against the Lehigh Coal and Navigation Company in the first decade of its operations, and formed one of the subjects of inquiry of the Packer senate committee which reported on the coal trade in 1834. So serious did the abuse become in the years of depression following the crisis of 1837 that it finally, in 1842, led to riotous strikes, (a) It still existed in 1863, when Governor Curtin referred to it in his message (b) as a subject worthy of legislative action. Buf the miners were never able to rid themselves of the evil till they became masters of the situation in the day of the Workingmen’s Benevolent Association. In some localities they attempted to supply themselves by means of cooperative stores. All these, with perhaps one exception, ended in failure. But everywhere freedom of trade was made possible. After the downfall of the union the old abuses were again complained of, and led to the enactment of the antistore law of June 29, 1881, requiring that employees in mining and manufacturing industries should be paid in lawful money, or by order redeemable at its face value in latvful money within 30 days. This was generally disregarded, however, and in 1886 was declared unconstitutional, as an infringement upon the rights of persons who were sui juris to make their own contracts, (c) A more stringent law was passed in 1891, dealing only with corpora tions of the State. By the corporation act of 1874 it had been made unlawful for corporations to engage in any other business than that named in their charters. But it was a common practice for officers and stockholders of corporations to keep what was to all intents and pur poses a company store and this was held hot to be forbidden by law. (d) An act of 1891 forbids mining and manufacturing corporations of the State, or their officers or stockholders acting in the interest of such corporations, to carry on by direct or indirect means a general supply store. Such corporations are also forbidden to grant, lease, or sell to any person the right to keep a store upon their property, with the pur pose of defeating the provisions of the act, and any rule or contract with the keepers of any store whereby their employees are obliged to trade at such places is made j wima fade evidence of the fact that the store is under the control of the corporation The Miners7Journal, February 11 and May 20, 1843; i b i d . , June 20, 1846. January 8,1863. See, also, The Miners7Journal, March 7,1863. c 113 Pennsylvania Reports, 431. dMcManaman v . Hanover Coal Co., 6 Kulp, 181. a b 760 BULLETIN OF THE DEPARTMENT OF LABOR. In spite of the law, however, the company store still exists. Indeed, individual operators and uuchartered companies are not forbidden to maintain them, while those which are have generally evaded the law. It is difficult to tell the extent of the injury inflicted by the system. The State factory inspector reported after an investigation in 1894 that the average excess charged by the company stores over independent stores (he was not speaking especially of mining companies) was 20 per cent, “ which, of course, indicates that some of the places are almost intolerably high.” (a) One anthracite operator is reported to have said recently that he could forego any profit on his mining business so long as he had the custom of his employees at the store. A witness before a legislative investigating committee in 1897 said significantly that the stores were not run for the benefit of the miners. In the bituminous region a quantitative expression, probably conservative, of the disad vantage of the store was given in the autumn of 1895, when it was agreed in a convention of miners and operators that a differential of 5 cents per ton should be given in the rate of wages paid by those operators who kept no store. After January, 1896, operators who kept stores were to pay 69 cents per ton for mining, while those having no stores were to pay only 64 cents per ton. (b) It should be said that the store evil is by no means so great in the anthracite region as it is in the soft coal region of Pennsylvania. Some of the large companies, like the Reading, have no stores, though the Reading and all otlipr companies furnish mine supplies, as powder, cotton, fuses, and the like.' Others, like Ooxe Bros. & Go., have stores, but pay their men cash. This is one of the few companies having a store of which it may be said that “ the pay office knows nothing about the store.” Wages were paid in full to their men after they had gone out on the strike of 1887. All deny that any compulsion is used to secure the trade of their employees, and in some cases real freedom is, perhaps, allowed. But the power of the company to secure patronage, without resorting to competition, is obvious,* and the miners generally feel that they are courting discharge when they trade at any but the company store. This last remark applies as well'to the use of the company houses. The miners for the most part live in the company “ patch,” as the group of houses about the colliery is called. These vary greatly in character. Some are well-built, neatly painted, and pleasantly situated cottages, while others, like those generally of the Mahanoy Valley, are the reverse in every respect. The rents vary as much as the appearance. In 1888 the houses of Coxe Bros. & Co. rented at the following rates: a b Report of the factory inspector, 1894, p. 66. Annals of the American Academy, January, 1896, p. 164. THE ANTHRACITE MINE LABORERS. 761 HOUSES OF COXE BEOS. &. GO. AND MONTHLY RENTAL RATES. Number of houses. 4 ...................................................................... 29..................................................................... 44..................................................................... 25..................................................................... 10..................................................................... 13..................................................................... 10..................................................................... Rental per month. $1.00 1. 50 2. 00 2.75 3. 00 3.25 3. 50 Number of houses. 20.................................................................. 348................................................................. 24................................................................... 28................................................................... 45..................................... ...........................*. 131................................................................. 119................................................................. Rental per month. $3.60 4. 00 4. 50 4. 60 4.75 5.00 5. 50 The $4 houses are well built and neatly painted and have four rooms, a cellar, and an outkitchen. Those renting for $5 per month are built double, have five rooms each, and cost $850. The gross return of 14 per cent upon them, not including the value of the land and garden patch, does not seem exorbitant. These are more favorable conditions than the average. This company prefers that the men should own their houses, as no doubt other companies do, not only because of the trouble of keeping the houses in repair for a shifting population, but because of the greater steadiness of a property-owning class of work men. Mr. Gowen proposed terms favorable for the purchase of houses upon the Reading lands in the troublous times of the early seventies, but his plan was looked upon by the men merely as a scheme for tying them to a locality and thus crippling their fighting powers. In the northern region the Welsh have always been noted for their efforts to own the houses in which they live. One hears little complaint of the rents except at times of disturb ance. While there is an opportunity in the present state of the labor market for the companies to secure a rental above what competition would fix, the company house has no such possibilities for plunder as the store. In neither case is the whole evil to be measured by the higher rates charged by the employer. It is worth something to men to be free to trade and to live where they like without feeling that the permanency of their position is at stake. Even if they were imposed upon, as in many isolated localities they surely would be, by independ ent stores or by private owners of houses, the imposition would be more bearable than when coming from their employers. One of the fruitful sources of complaint lies in the system of dockage which prevails in the anthracite region. What the question of screen ing and weighing is to the miners of bituminous coal this question is to the anthracite miners. Each colliery has its u docking boss/ 7 whose business it is to inspect coal as it comes from the mines and to make deductions for any excess of slate and dirt he may find. That some such check upon the miners is needed is obvious. Economy requires not only that producers pay only for the coal mined, but that the amount of waste lifted to thn surface and passed through the breaker at great expense be reduced to the minimum. A rigorous system of inspection, where no mechanical device is possible, is therefore neces sary. It may, however, easily be used by unscrupulous employers to deprive the miners of their just earnings. Complaints that this is done 762 BULLETIN OF THE DEPARTMENT OF LABOR. are frequent and many of tliem are well founded. Even where opera tors do not make dockage a systematic means of robbery, there is always the possibility that they may and that the docking boss may use it also to vent personal spite. It is not strange, therefore, that the large opportunities now in the hands of the operators should be looked upon with suspicion, and that the men should believe themselves injured when only proper care is taken to guard against their own carelessness or dishonesty. At the bituminous mines where each miner’s coal is weighed, the attempt has long been made to avoid a similar difficulty by allowing the men to maintain a check weighman at their own expense. The plan there has not, however, been an unqualified success. There are obvious reasons why joint inspection by the representatives of the men and their employers would prove still less successful at the anthracite mines. The recognition of this fact has led a recent legislative inves tigating committee to recommend the appointment of inspectors by the county courts, who shall be the representatives of neither men nor operators, though approved by both. There is little indication that any such plan will be adopted, though its advantages would be great; if not by way of any large saving to the miners, at least in producing a better feeling between the laborers and the operators by removing the suspicion now felt because of the arbitrary power in the hands of the operators. Turning how to a ‘different phase of our subject, let us consider another condition of employment, namely, that which has to do with the danger of the miner. Everyone knows that mining is a dangerous occupation, but how dangerous it is few people realize. In 1895 there were 422 fatal and 1,12 0 iidnfatal accidents reported by the inspectors of the anthracite mines. The table following, showing the number of tons mined, the number of employees, the number of fatal and nonfatal accidents, the number of each per 1,000 men employed, and the number of tons of coal mined for each kind of accident, will help to an understanding of what these figures mean. For convenience of comparison similar fig ures are given for the bituminous mines of Pennsylvania, Illinois, and Great Britain. TONS M INED, EM PLOYEES, F A T A L A N D N O N F A T A L ACCIDENTS, N UM BER OF E A C H PER 1,000 EM PLOYEES, A N D N U M B ER OF TONS M IN ED FOR E A C H ACC ID EN T, FOR VAR IO U S M IN ES IN 1895. Accidents. Mines. Tons of " Em 2,240 pounds ployees. mined. Anthracite 51, 207, 000 Pennsylvania bituminous .. 46, 261,707 minoi's bituminous----- ------- 15,835,593 Great Bri ta-in.......................... 189, 661, 362 143,610 84,904 38,630 700,284 Fatal. Nonfatal. Per 1,000 Tens Num Per 1,000 Tons Num em mined em mined. ber. ployees. for each. ber. ployees. fereach. 422 155 75 1,042 2.9 1.8 # 1.9 1.5 121,344 298,463 211,141 182,017 1,120 419 605 7.7 4.9 15.7 45,721 110,410 26,175 THE ANTHRACITE MINE LABORERS. 763 It will be seen that for each 1,000 employees there were 2.9 fatal acci dents in the anthracite mines, while in the bituminous mines of Penn sylvania, where similar care may be presumed to be exercised, both in point of safeguards against accidents and in reporting them, there were only 1.8 fatal accidents per 1,000 employees, while the number of tons mined for each death at the bituminous mines was 298,463, as compared with 121,344 at the anthracite mines. This comparison, therefore, shows that it is much more dangerous to .work at the anthracite than at the bituminous mines; and if we make the comparison between those Engaged in mining proper—that is, between those working underground in the two kinds of mines—the relative danger will be more clearly shown. The figures are not available to show what proportion of the employees in the Pennsylvania bituminous mines work underground, but the pro portion is probably about the same as at the Illinois mines, where 90 per cent are so employed. In the production of anthracite only about 62 per cent of the employees are below ground, the remainder being engaged in the preparation of coal, a part of the operation not espe cially dangerous. This may be seen from the table following, showing the number and percentages of accidents from various causes in 1895: NUM BER A N D PER CENT OF F A T A L A N D N O N F A T A L ACCID EN TS IN A N T H R A C IT E M INES, B Y P R IN C IPAL CAUSES, FOR THE Y E A R 1895. Accidents. Causes. Fatal. Nonfatal. Percentages. Fatal. Nonfatal. Explosions of ga s............................................................................................... Falls of roof and coal............... .................................................. ..................... Falling down slopes, shafts, etc..................................................................... Explosions of powder, blasts, e tc................................................................ Crushed by mine wagons, machinery, etc.................................................. Miscellan- ous, underground ( a ) ..................................................................... Miscellaneous, surface (a ) ................................................................................ 31 191 14 59 66 29 32 164 374 6 145 243 79 109 7.35 45. 26 3. 32 13. 98 15. 64 e.87 7.58 14. 64 33. 39 .54 12. 95 21. 70 7.05 9. 73 T o ta l.................................................................... '.................................... 422 1,120 100. 00 100.00 a Estimated. Thus explosions, falls of roof and coal, and miscellaneous causes account for 73.46 per cent of the fatal accidents; and these all belong to underground working. Of the 15.64 per cent killed by mine wagons and mackinery'a large part no doubt were underground. Certainly we may say that the 89,000 employees who work inside furnish 80 per cent, and probably more, of the fatal accidents. Por this part of the work, therefore, the number of deaths was 3.8 per 1,000 employees, while a similar computation for the bituminous mines of Pennsylvania would give a result not greatly different from that shown in the table for the whole number of workmen, namely, 1.8 deaths per 1,000 employees. The extremely hazardous nature of anthracite mining, even as com pared with other mining, is thus very evident. A partial explanation 764 BULLETIN OF THE DEPARTMENT OF LABOR. of this fact lies in the greater depth of the anthracite mines with their greater accumulations of gas, in the thick, pitching veins which make it difficult to use props in a way to prevent falls of roof and coal, and in the greater amount of blasting required to bring down the hard coal. Thus in mining almost exactly the same number of tons of coal in 1895, only 4 lives were lost in the Pennsylvania bituminous mines from explosions of powder and blasts against 59 from this cause in the anthracite mines. But the bituminous miners used only 149,268 kegs of powder, while the anthracite miners used 1,320,686 kegs of powder and 819,800 pounds of dynamite, (a) * Prior to 1870 no record of accidents at the mines was kept. The following table presents some data of the fatal accidents reported by the anthracite mine inspectors since that date: FATAL ACCIDENTS PER 1,000 EM PLOYEES IN A N T H R A C IT E M INES, • M IN ED FOR EA C H D E A T H FROM 1870 TO 1895, IN C LU SIV E . Year. 1870 ( a ) ............................................................ 1871 (a )................................ ........................... 1872 ( a ) ........................................................ .. 1873 ( a ) .......................... ................................. 1874 1875 ..................... ......................................... . 1876................................................................. 1877......................... ................................ 1878 ................................................................. 1879 ................................................................. 1880 ................................................................. 1 8 8 1 .............................................................. 1882 .......................................... ...................... 1883 ........................................... ...................... 1884 ............... ................. ............................... 1885 .................................................................. 1886.................................................................. 1887 ............- ......................... ......................... 1888 ............................................................... 1889...................................................... ........... 1890 ................................................................. 1891.................................................................. 1892......................................... ........................ 1893 ........................................... i .................... 1894............................................................ . . 1895 ................................................................. Employees. Fatal acci dents. 37,488 44, 745 48,199 53, 402 69, 966 . 70,474 * 66, 842 63, 964 68, 847 73,373 76, 031 83,242 91,411 101, 078 100, 534 103, 034 106, 574 117, 290 119, 007 109,166 123, 345 129, 797 138, 002 139, 655 143, 610 211 210 166 224 231 238 228 194 187 262 202 273 293 323 332 356 279 316 364 384 378 427 396 445 439 422 AND TONS Fatal acci Tons dents per mined for 1,000 em Tons mined. each fatal ployees. accident. 5. 601 3. 709 4. 647 4. 325 3.401 3. 235 2.902 2. 923 3. 805 2. 753 3.591 3. 520 3.533 3. 284 3.541 2. 707 2.965 3.103 3.226 3.463 3.463 3.051 3.224 3.144 2.939 12,653, 575 13,868, 087 13, 899, 976 18, 751, 358 17,794, 857 20,895, 220 19,611, 071 22, 077, 869 18, 661, 577 27,711,250 24, 843, 476 30, 210, 018 30, 867, 301 33,200, 608 32,561,390 33,520, 941 34, 064, 543 37,137, 251 41, 638, 426 39, 015, 835 40, 080, 355 44, 320, 967 45, 738, 373 47,179, 563 45, 506,179 51, 207, 000 59, 970 66, 038 83, 734 83,711 77, 034 87, 795 86, 013 113, 803 99, 794 105,768 122, 987 110, 659 105, 349 104, 336 98, 076 94,160 122, 095 117, 522 114, 391 101, 604 106,033 103, 796 115, 500 106,021 103, 659 121, 344 a Returns incomplete. The period covered by this table is coincident ^ith mine legisla tion in the State. Prior to 1870 the loss of life, it is believed, was for a lt may be interesting in passing to compare, the death rate in the mines with that of railway employees. The railways of the United States employed, in 1895, 785,034 men, among whom there were 1,811 fatal and 25,696 nonfatal accidents. This was at the rate of 2.3 fatal and 32.7 nonfatal accidents per 1,000 employees, which is only slightly less in the matter of fatal accidents, but considerably greater in injur ies, than in the most dangerous part of anthracite prodAfcion. But certain classes of railway employees have very little risk to meet. In fact only about one-quarter of them are in any special danger. This one-quarter, composed of 157,731 trainmen and 43,158 switchmen, flagmen, and watchmen, suffered nearly 70 per cent of the accidents recorded for the year. This gave the extremely high death rate of 6.3 pfcr 1,000 employees, nearly twice as great as the rate for inside workmen in the anthra cite mines. THE* ANTHRACITE MINE LABORERS. 765 several years even greater than that shown in the table. Many of the accidents were clearly traceable to f he want of proper means of escape and ventilation. The operators were occasionally condemned for their indifference to the safety of their employees, and some faint efforts were made to secure by law the action which public opinion was not strong enough to induce. No law was passed, however, till 1869, and then, owing to the opposition from other ’counties, only to apply to Schuylkill county. In September of the same year a frightful disaster at the Avondale colliery in Luzerne County, whence the opposition to the law had chiefly come, brought prominently into view some defects of mining practices which the legislature more hastily than wisely attempted to remedy. Chief among these was the method of ventilation employed. A common method had been by means of an updraft, produced by a furnace at the bottom of the shaft. This method was in use at the Avondale colliery, the ventilation shaft being separated from the main one used for raising coal, and the only exit for the miners, by a board partition. Some hay, on its way down the shaft to the mule stables, was set on fire 5 the flames caught in the partition, and from that spread to the breaker directly over the shaft. This cut off the only means of escape from the workings, the intense heat over the shaft soon exhausted the air in the mine, and 108 men perished. The next legislature hastened*to pass the first general law providing for the inspection of mines and laying down specific rules as to the posi tions of buildings, ventilation, number of openings, and other means of safety. The law was frequently amended and twice, in 1885 and in 1891, has been thoroughly revised. As it now stands, each mine must have two openings suitably arranged for ingress and egress. Inflam mable structures may not be built over these openings and no breaker may be built within 200 feet of them. Minute provision is made for ven tilation, both as to the method of supplying the air and the quantity to be supplied, for the daily examination of dangerous places, for safety appliances in entering and leaving the mines, and for the inspection and care of machinery, besides some fifty-eight specific rules for the guidance of miners and employers, the value of which one unskilled in mining operations can not judge. To see that the provisions of the law are complied with eight inspect ors are provided for. They are appointed by the governor on the recommendation of boards of examiners, of which there are three for the anthracite region. These boards are composed of three reputable miners in active practice and two reputable mining engineers, all appointed by the judges of certain county courts. The inspectors are charged with the further duty of keeping informed of the condition of the mines of their respective districts as to ventilation, machinery, drainage, method of lighting, use of lights, and so on, to investigate all accidents and report thereon, and to make all needed suggestions for providing for the health and safety of the employees. 1453—No. 13---- 6 766 BULLETIN OF THE DEPARTMENT OF LABOR. BTo occasional inspection or regulations on paper can, however, take the place of intelligent supervision of the mines. It might be supposed that the operators could be trusted to provide such supervision, but the State has undertaken to improve it by requiring mine foremen and assistant foremen, usually called “ bosses,77 to hold certificates of quali fication for their work. These certificates are issued by the secretary of internal affairs upon the recommendation of a board of examiners, of which there is one in each inspection district, composed of the inspector, two practical miners, and an operator or mine superintendent. Appli cants for these certificates must pass a satisfactory examination and must give “ evidence of at least five years7 practical experience as a miner, and of good conduct, capability, and sobriety.77 This provision, by requiring some reading and study on the part of foremen, may be supposed to have had some beneficial influence. But the zeal of the State for the safety of the miners has rather overreached itself. Article 17, sec. 8 , of the law enacts— That for any injury to person or property occasioned by any violation, of this act or any failure to comply with its provisions by any owner, operator, superintendent, mine foreman, or fire boss of any coal mine or colliery, a right of action shall accrue to the party injured against said owner or operator lor any direct damages he may have sustained thereby; and in case of loss of life by reason of such neglect or failure aforesaid, a right of action shall accrue to the widow and lineal heirs of the person whose life shall be lost,#for like recovery of the damages for the injury they shall have sustained. Mine foremen havje uniformly been held by the Pennsylvania courts to be fellow-servants with the miners, and in the absence of a liability act employers have been relieved of responsibility for their neglect or incompetence, (a) The provision just quoted specifically made the oper ators responsible for the negligence of their foremen. But the courts hold that as the law now stands the foremen are representatives of the State, and that employers can not be made responsible for the acts of employees whose duties are defined by statute and whose character and competency are certified by the State itself. What the statute practically declares to the mine owner, says the court, is that “ you can not be trusted to manage your own business. Left to yourself, you will not properly care for your own employees. We will determine what you shall do. In order to make it certain that our directions are obeyed, we will set a mine foreman over your mines, with authority to direct the manner in which your operations shall be conducted and what pre cautions shall be taken for the safety of your employees. You shall take for this position a man whom we certify to as competent. You shall pay him his salary. What he orders done in your mines you shall pay for. If, notwithstanding our certificate, he turns out to be incom petent or untrustworthy, you shall be responsible for his ignorance or Lehigh Valley Goal Co. v , Jones, 5 Norris, .432; Delaware and Hudson Canal Co. Carroll, 8 Norris, 374; Waddell r. Simpson, 112 Pennsylvania, 367. a v. THE ANTHRACITE MINE LABORERS. 767 negligence.” “ Incredible as it may seem,” continues the court, “ obe dience on the part of the mine owner does not protect him; but if the mine foreman fails to do properly what the statute directs him to do, the mine owner is declared to be responsible for all the consequences of the incompetency of the representative of the State. This is a strong ease of binding the consequences of the fault or folly of one man upon the shoulders of another. This is worse than taxation without repre sentation. It is civil responsibility without blame and for the fault of another.” (a) The effect of this decision seems to be not only to declare that em ployers can not be held liable for the negligence of certified foremen, but to relieve them from the traditional requirement of exercising ordi nary care in the selection of foremen. If the employers were, in any way hampered by the law in the choice of bosses, as is implied by the court, the ground for the decision would seem clearer. But no such complaint is made. With hundreds of miners holding the State certi ficate to be selected from, employers are as free in their choice as ever they were, and stand in no danger of being tyrannized by a “ repre sentative of the State with power to compel compliance with.his direc tions.” Truly, the questionable advantage to the miner which comes from the examination of foremen has been dearly bought, and the im munity of employers has come to them without price, (b) With all the requirements of the law, as to inspection and method of working, and taking into accouilt the danger peculiar to the mining of anthracite, the large number of accidents still seems unexplained. The high death rate, as compared with that at the bituminous mines, is in part accounted for, as before said, by the greater thickness of the veins and their frequently heavy pitch, the depth of the mines and their gaseous condition, and the great amount of explosives used on firing down the coal. But the English mines do not differ greatly from the anthracite mines in several of these respects, and there the death rate is lower even than at the Pennsylvania bituminous mines. The difference in the requirements of the law will not explain the dif ference, though the closeness with which the law is complied with doubtless does in a great degree. By many it is believed that the chief explanation rests upon the relative intelligence and care exercised by the men themselves. It must have been a belief of this kind which impelled the legislature, in 1889, to pass an act the purpose of which was “ to prevent the a Durkin v , The Kingston Coal Co., 33 Atl. Rep., 237, supreme court of Pennsyl vania, October 7, 1895. b What is said here of the foreman is also true of the “ fire boss,"-the man whose business it is to examine the chambers each morning before the men go to work in order that dangerous gases may be removed. It is said the introduction of his name into the act of 1891 was a blunder. A fire boss has simply to make oath that he has had five years of practical experience as a miner, three of which were spent in mines having explosive gases. (See Report of Inspectors of Coal Mines, 1895, p. 96.) 768 BULLETIN OF THE DEPARTMENT OF LABOR. employment of incompetent persons as miners in the anthracite coal mines.” The act provides for the establishment of a miners’ examina tion board in each inspection district, consisting of nine skillful miners. These are appointed by the courts. Persons wishing to become miners must come before one of these boards and be examined. If evidence of competency is given the board issues a certificate to that effect. Without such certificate no person not. a miner at the time of the passage of the act may be employed as such. It may well be questioned whether valuable light as to the compe tency of candidates could be gained by such examinations as are held, even if they were conducted in good faith by all concerned. But it is well known that they are not so conducted. I n many cases they are mere fayces. Especially is this true in the examination of non-English speaking candidates. In such cases an interpreter is usually employed, and it often happens that it is by his aid that the questions are properly answered. Moreover, it is complained that the certificates are made an article of merchandise, many being held by persons who were never before the examining board. Instances are not wanting where they have been bought in Europe and brought to the region by immigrants. This is done chiefly by the Poles and Huns, who are aided in such prac tices by the strangeness of their names. The fact that little or no good is accomplished by the law, that it is an unnecessary expense to the miner, and that the operators seem disposed not to go back of the cer tificate to inquire into the fitness of miners employed, sufficiently ex plain the prevailing discontent with the law. One hears complaints of it on every hand. Kowhere are they more strongly stated than in the report of Inspector Williams for 1895, which says : The law requiring a miner to have his certificate has been the cause of keeping intelligent and experienced men from coming to the region, and has enabled operators to employ every‘kind of men to mine coal without their being responsible. Before the enactment of this law incompetent men were not employed, but now they are employed by hundreds. All that is asked of them is to have certificates and they get them. But it is not so much to lack of intelligence as to lack of care on the part of miners that the high death rate is now chiefly attributed, '(a) With the means of safety at the miner’s disposal the number of acci dents could be easily reduced. Many of the falls of roof, for example, the most prolific cause of accident, might be avoided with proper eare in sounding the roof and in the use of timbers. The writer has heard of cases where miners who were not allowed to carry matches into dan gerous places or to have keys to their Davy lamps have deliberately drawn the flame through the gauze to light a pipe in the midst of explosive gas. Inspector Stein asserts that of the 59 lives lost in the sixth district in 1895,21 were lost through u the most manifest recklessa See, e. g . , the Colliery Engineer, July, 1897; also the Report of Inspectors of Coal Mines for 1895. THE ANTHRACITE MINE LABORERS. 769 ness of tlie victims themselves.” Such statements are frequently heard, though it is by no means clear why anthracite miners should show a greater contempt for danger than is shown by miners elsewhere. That the law has proved beneficial is admitted on every hand. But it is as generally believed that in a more stringent administration of it there is still room for great improvement, while all agree that the provisions for certificates for bosses and miners should be repealed. However great care may be taken in mining operations, it has always been and will continue to be an extfemely hazardous occupation. Some consideration of the means adopted for giving relief to the injured will, therefore, be a subject of interest. As early as 1833 there was evidence of distress among the laborers. At that time all coal was carried to market by canals, and during the closed season work at the mines was practically suspended.. The miners usually spent their wages as fast as earned, and were, therefore, left destitute for the greater part of the winter. At this time the operators discussed the advisability of keeping the men at work during the closed season of navigation in order to relieve their distress, (a) The opening of railroads to market brought relief from this evil without the expense of piling up the product during the winter months. Accidents at this time do not seem to have been specially numerous; but as the opera tions were enlarged and lower measures were reached the work became more and more dangerous. During the sixties, as we have seen, the death rate greatly increased, and led, through the efforts of the Work ingmen’s Benevolent Association, to the enactment of the first inspec tion law in 1869. This association had been acting for some time in another direction for the relief of its members. There is every reason for thinking that one of the chief purposes of the organization was benevolence. Care of the sick and aid to widows and orphans of the members were prominent features of the organization. But this side of the work was overshadowed by the struggles in which the society found itself involved from the beginning, and no record remains of the expenditures for beneficial purposes. #With the destruction of the society, in 1875, all organization by the miners for beneficial purposes was abandoned. The Knights of Labor, which, during the eighties, gained so much strength in the region, did not attempt any work of this kind. The Amalgamated Association did, but it accomplished little. The United Mine Workers, now attempting to organize the region, is not a benefit order, though it is expected that the members will act together in establishing a benefit to be paid, as deaths by accident occur, by a pro rata assessment upon the members a Hazard’s Register, May, 1834, p. 311. The coal-mining association of Schuylkill County in its report for this year expresses the belief “ that a saving fund instituted on a plan similar to those in our cities will have a beneficial effect and be the means of preventing much distress/’ and citizens are asked to cooperate with the associa tion in securing an act of the legislature for the formation of such an institution in the county. 770 BULLETIN OF THE DEPARTMENT OE LABOR. of the u fund.’7 Some of the miners of the better class belong to bene ficial orders, such as the Odd Fellows. Among some of the nationali ties there are also maintained orders of a benevolent character, espe cially among the Poles. But there is no organization of the miners as such for the relief of distress. Such provision as is made for relief has been made through the initiative of the operators. The first action resulting in the establishment of a permanent fund was taken by the Wilkesbarre Coal and Iron Company in 1869. At thp time of a severe accident in tliat year it was proposed that the employees give one day’s work for the relief of the sufferers and the company would give the product of that day. This simple arrange ment was continued for many years, benefits being paid at the rate of $50 for funeral expenses and $3 per week to the widow for one year, with $1 per week additional for each child under 12 years. For injuries $Gper week during disability was allowed. The receipts were deposited with the company and disbursements made upon warrant from officers elected by the men themselves. The Philadelphia and Beading Coal and Iron Company, when it became a miner of coal in 1873, tried to make similar arrangements with the employees. The proposition was looked upon with suspicion by the men as an attempt to weaken their union and was rejected. (a) In 1875, to be rid of frequent appeals for aid when accidents occurred, the company announced a schedule of payments it would make in case of death or disability. This plan was continued for two years; but as the lines continued to tighten upon the finances of the company it seems to have grown weary of well-doing alone, and in 1877 took steps to secure stated payments from the men for purposes of relief. In that year bonds worth $20,000 were deposited as an endowment fund for the benefit of such of its employees as should comply with the condi tions proposed by the company. The conditions were that the following payments, to be deducted from the pay roll, should be made by the employees: First class (miners and inside laborers), 30 cents per month; second class (outside laborers), 20 cents per month; third class (old men and boys), 5 or 10 cents per month. The benefits paid in case of disability by accident while at work were $5 per week, not to exceed six months, for the first and second classes, and $2 per week for those in the third class paying 10 cents, and $ 1 for those paying 5 cents. In case of death $30 were paid in cash for funeral expenses, and $7 per week for one year to the families of those in the first and second classes, while for those in the third class the same funeral expense was paid and a weekly stipend given tp the family of $2.80 or $1.40 according as the victim had paid 10 or 5 cents. The company took full charge of administering the fund and agreed to make good any deficiency that might arise. From the beginning the a The Miners' Journal, March 3, 1873. Argument of F. B. Gowen before the legislative investigating committee of 1875, p. 53. THE ANTHRACITE MINE LABORERS. income was insufficient to meet the demands upon it. yeprs from 1877 to 1888 the account stood as follows: 771 For the twelve Paid to contributors.................................. .............. ..................... $336, 660 Paid to families of contributors killed........................................... 156,126 Total payments.......................................................................... . . ..... $492, 786 Received from contributors . . ....................................................... 344, 016 Received from interest on investment.......... .......... ...................... 17,495 Total receipts............................................... ..................... - ................ 361, 511 Deficiency............... ............................. ; .............................. .............. 131,275 In 1889 the company undertook to make the fund self-sustaining. The monthly contributions were considerably increased, as is shown by the following new schedule: First .class (miners and skilled.laborers), 50 cents per month 5 second class (mechanics) 40 cents per month ; third class (ordinary laborers), 30 cents per month,* fourth class (old men and boys), 15 cents per month. Greater efforts were also made to induce the employees to subscribe to the fund. Hitherto this had been left optional with the men. Now, though still theoretically optional, it is practically compulsory. All employees are put upon the list, and the monthly dues deducted from wages without asking the consent of the “ contributors.” No doubt the full wages could be collected if it were attempted, but those who wish to stay in the company’s employ did not think it advisable to make any protest. The arrangement is generally acquiesced in and is indeed gen erally regarded as an advantageous arrangement by the men. Occa sional complaint is, however, heard that the rates are too high for the kind of insurance given; that both sick and accident benefits could be had in beneficial orders at a lower rate. The experience of the com pany, however, is that if this arrangement were not practically forced upon the men, no provision would be made for insurance. The new scale of contributions went into effect May 1, 1889. As will be seen, a slight change was made in the classification of employees, and accordingly one was made in the benefits paid. For injuries resulting in disability, $5 per week, not to exceed six months, is paid to those in the first, second, and third classes, and $2 to those in the fourth class. Thirty dollars in cash and $7 per week for one year is paid to the families of those in the first three classes in case of death by accident while at work, and the same funeral expenses and $2.80 per week for those in the fourth class. Under this'new arrangement there was a slight deficit for the year 1889—$488.13. But since that time the fund has been self-sustaining, and the total deficit which, up to the end of 1889, had reached $131,763.50, has gradually been reduced to $57,129.51 in 1896. 772 BULLETIN OF THE DEPARTMENT OF LABOR. The following table shows the operations of the fund for the last ten years: R ECEIPTS A N D DISBURSEM ENTS OF T H E B E N E F IC IA L FU N D OF THE P H IL A D E L P H I A A N D R E A D IN G COAL A N D IRON COM PANY, 1887 TO 1896. Receipts. Disbursements. Year From contribu ending tors. From Novem endow ber 30 — ment. Num ber. Amount. 1887 1888 1889.. 1890........ 1891........ 1892.'.... 1893........ 1894.. 1895 1896 To families of contributors killed. To contributors injured. Total. Balance. Total. N um Num Amount. ber. Amount. ber. 16,376 $45,519.13 $1,470 $46,989.13 * 2,980 $45, 848.76 ..................... 19,559 46, 632.75 1, 4701! 48,102.75 2,901 43, 752.15 ..................... 19,789 72, 535. 53 1.470 74,005.53 3,089 51,942.42 ... 21, 693 91, 6571. 83 1.470 ! 93,091.83 3,520 56, 622.01 22, 700 101,834.81 1.470 103, 304. 81 4,274 68,323.67 24,449 110, 213. 92 1, 460 111, 673. 92 3,838 66, 737. 57 24,260 109,949. 73 1, 460 111, 409.73 3,696 70,379.57 . . .940 117, 244.90 1.460 118,704.90 3,904 76,192.51 25, 26,422 ..................... 120,251.04 1.460 121, 711.04 4,189 82, 205. 93 ..................... 27, 626 125, 921. 64 1, 460 127,381.64 3,925 80,035.05 1 a Deficit. . _ b Including dues refunded, $67.45. c Including dues refunded, $92.35. 95 $19,251.16 $65,099.92 a$18,110.79 109 22,197.72 65, 949. 87 al7, 847.12 111 22, 551. 24 74, 493. 66 a488.13 126 25, 522.67 82,144. 68 10,947.15 153 30, 077.14 98, 400. 81 4,904.00 152 28,079. 02 &94, 884. 04 16, 789.88 139 29,033. 64 c99,505.56 11,904.17 165 31, 549.14 dl07,875. 80 10, 829.10 164 34,134.15 el 16,534.77 5,176.27 169 33,116.17 /113, 298. 22 14,083.42 1 l d Including dues refunded, $134.15. e Including dues refunded, $194.69. /Includ in g dues refunded, $147. A more liberal policy has been adopted by several of the other com panies. The Lehigh Coal and Navigation Company and their 5,000 employees have, since 1883, maintained a fund to which the company contributes the interest on an investment of $20,000, and a fixed amount for each ton of coal mined, while the men contribute a percentage of their earnings. At present their contributions amount to one-half of 1 per cent for inside workmen, and one-fourth of 1 per cent for outside workmen. In 1895 the fund received $14,143, of which $8,335 came from the company, and $5,808 from the employees. I?rom it was paid during the year in benefits $16,396. There is usually carried a balance of some $35,000 or $40,000. The death benefits are $30 for funeral expenses and halt pay for eighteen months to the family. Those dis abled by accidents receive half pay for a period not exceeding six months. This company, like the Reading, appoints the trustees of the fund, and the payments are made on the certificate of a regularly appointed physician. , The Lehigh Yalley Coal Company has helped to maintain a relief fund at some of its collieries for about twenty years.* Those employed who wish to become beneficiaries of the fund are invited to contribute a day’s wages, the company agreeing to pay a sum equal to the contri bution of the men. When the fund is exhausted another call is made, and those wishing to continue members again contribute a day’s wages, the amount being covered by the company. Inasmuch as this plan obviates the necessity of carrying a heavy cash balance it is thought to be fairer for the men, especially for those who are only temporarily employed, than that of the Reading or the Lehigh Coal and Naviga tion Company. The death benefits are identical with those given for the Lehigh and Wilkesbarre Coal and Iron Company. An injured THE ANTHRACITE MINE LABORERS. 773 member receives $ 1 for eacb working day he is disabled for a period not exceeding* three months. In the northern region the fund is only fairly maintained at the company’s collieries, while at all its collieries in the Schuylkillregion, and at many in the Lehigh region, it has been entirely abandoned. The Delaware and Hudson Canal Company, and part of the compa nies controlled by the Pennsylvania Railroad Company, have funds maintained on the same plan. In the case of the latter company, like that of the Lehigh Yalley, success has been indifferent. The plan of the Delaware and Hudson, adopted in 1887, is almost identical with that of the Lehigh Yalley company. The fund is kept by the company in both cases and is disbursed upon orders from a committee composed at each colliery of the mine foreman and two employees chosen by the contributors. Besides the regularly organized relief funds, provision is made by various operators for the relief of injured employees. Coxe Bros. & Co. have always been liberal in this regard. Their practice is, and has be&n for some years, to give $50 for funeral expenses in case of death from accident and to contribute to the support of the widow, when there was one, at the rate of $3 per week for a year and $ 1 per week addi tional for each child under the age of 12. Regular payments were also made to workmen disabled by accident. All this is gratuitous on the part of the company. The Lehigh and Wilkesbarre Coal Company, con trolled by the Central Railroad Company of IsTew Jersey, has neither a fund nor an established rate of contributions for their injured employees. In case of death, however, the company pays funeral expenses, and makes a monthly allowance for all accidents according to the condi tion of the injured person’s family. In addition to the means provided by the relief funds spoken of, and many other less regular contributions made by operators and work men in case of accident, there are maintained in the anthracite region two hospitals at the expense of the State. Attempts to secure such a hospital were made as early as 1870 for the southern district and some legislation was enacted, (a) But the plan of that legislation involved a tax upon the tonnage of producers for the support of the hospital and was never acted upon. In 1879 the legislature provided for the incorporation of the u Trustees of the State Hospital for Injured Persons of the Anthracite Coal Region of Pennsylvania,” and appro priated funds for the purchase of site and erection of buildings. The location chosen was Ashland, in Schuylkill County. The hospital was opened to patients in 1883 and came under the control of the State board of charities. That some such institution was needed is shown by the fact that about 2,000 patients per year are treated there. Of these 90 per cent are workers about the mines. In 1891 a similar hospital was opened in the middle district at Hazleton. Besides these two institutions, supported wholly by the State, there are others in the aLaws of Pennsylvania, 1870, p.919. 774 BULLETIN OF THE DEPARTMENT OF LABOR. region which receive regular appropriations from the State. Such are the Wilkesbarre Hospital at Wilkesbarre, the Lackawanna Hospital at Scranton, and the Hospital Association of Carbondale. It is generally thought that the means for the relief of workmen in this highly dangerous employment are at present inadequate. It is an employment in which the death and disability rate is not only invariably high, but one in which the proportion of accidents due to others than those receiving the injury is large. In view of these facts, attempts have often been made to establish a fund by a tax on all coal produced from which injured workmen could be paid, without reliance upon the generosity of the operators or the foresight of the workmen. One of the inspectors in his report a few years ago varied this proposition by recommending a tax on tonnage, to be paid, not by the operators, but by the owners of the coal lands. This would create no burden either for the operators or for the consumers, but would fall upon those who were amply able to bear it. It will be seen from what has been said that the lot of the anthracite laborers has never been an easy one, and that never has it been soliard in most respects as at present. Wages are deplorably low for all but the best paid workmen, though not so low as at many bituminous mines. It is not, however, the low rate of wages so much as the irregularity of employment that accounts for the small incomes of the laborers. Con sumers also have a grievance in the irregularity with which the mines are run, not so much because of the restriction of production as because of the wasteful way in which the restriction is produced. For the laborers who are kept idle half the time the method is a, sore evil. The anthracite miners of a quarter of a century ago looked with favor upon such a centralization of power as would make restriction possible, just as the bituminous miners are doing to-day. But centralization so far as it has now gone, while it has helped to maintain prices and perhaps wages, has solved no real problem for either producers or workmen, and certainly none for consumers. There are too many workmen in the anthracite region trying to make a living by mining coal, and too much capital seeking to earn profits. One may assert this with assurance without being able to tell where either men or capital may be better employed. RECENT REPORTS OF STATE BUREAUS OF LABOR STATISTICS. MARYLAND. F ift h A n n u a l R e p o r t o f the B u r e a u o f In d u str ia l S ta tistics o f M a r y la n d . 1896. Charles H. Myers, Chief of Bureau. 284 pp. The following subjects are treated in this report: General industries, pages; the iron industry, 8 pages; Maryland street railways, 12 pages; trade reports, 10 pages; female labor, 7 pages; sweat shops, 9 pages; employment agencies, 15 pages; chattel-mortgage associations, 11 pages; convict labor, 54 pages; strikes and the legal aspect of the strike question, 40 pages; compulsory arbitration, 19 pages; counties of Maryland, 51 pages; labor laws of Maryland, 25 pages; extracts from proceedings of the National Association of Officials of Bureaus of Labor Statistics, 5 pages; financial statement, 1 page. General I ndustries.—Short accounts are given for each of 19 industries, showing the wages, weeks in operation, number of employees, labor disturbances, etc. On account of a lack of voluntary coopera tion on the part of industrial establishments the information is some what meager. The I ron I ndustry .—This chapter contains a review of the iron industry in the State and detailed statements for each of eleven ironmanufacturing establishments. Maryland Street R ailways .—A history and description is given of the different street railways in the State, their locality, and oper ations, and the amount of taxes paid. The street railways of Baltimore are taxed 9 per cent on their gross receipts as a park tax, each car is licensed at $5 per annum, and the companies have to pay in addition the regular city tax on the assessed value of their property. During the year 1896, the city of Baltimore received from street-railway com panies $243,202.22 park taxes, about $5,000 licenses on cars, and $63,459 regular city taxes, or a total of $311,661.22. The companies received $2,702,247 from car fares. The gross earnings for 1896 were $3,494,979171 and the assessed value of the plant in the city proper and annex was $3,756,998. The companies possessed 891 cars, had 271 miles of single track, and employed 630 motormen, 650 conductors, and 332 substitutes. Motormen, conductors, and substitutes received $1.75 and $2 per day of 12 hours’ work. Other street railways are operated in Baltimore County, Hagerstown, Frederick and Middletown, and Cumberland. Trade R eports.—Accounts are given of the condition of thirteen trades, as reported by those engaged in them. 775 10 776 BULLETIN OF THE DEPARTMENT OF LABOR. F emale L abor.—Attention is called to violations of tlie law requir ing seats to be provided for female employees in mercantile and manu facturing establishments. Piece wages of female employees in factories are quoted, and other facts are shown exposing the hardships endured by female wage earners. Sweat Shops.—-In this chapter is quoted the act passed in 1894 in relation to sweat shops, and attention is called to its violation on account of the lack of proper facilities for its enforcement. The employment of a sufficient corps of factory inspectors is recommended. Extracts are given from the article of Mr. Henry White, which appeared in the May, 1896, issue of this Bulletin. Employment A gencies and Chattel Mortgage A ssocia tions.—Descriptions of the methods of operation of these institutions are given, and their consideration by the State legislature is suggested. Convict L abor . —This chapter discusses the question of convict labor in general, and explains the advantages and disadvantages of the various systems adopted in the different States. Especial attention is given to the present status of convict labor in Maryland, and compara tive prison statistics for the years 1893 to 1896 are presented. Portions of the tables contained in the article on convict labor published in the July, 1896, Bulletin are reproduced. Strikes .—Eight strikes were reported for the year. Only one of these, the strike of the garment workers, assumed any considerable degree of magnitude. This strike involved 2,897 men and 968 women, or a total of 3,865 persons. The reports as to the cause are conflicting. The strike was a failure. Of the 7 other strikes, 2 involving can makers and laborers were successful, 3 involving newsboys, coal miners, and coal trimmers failed, 1 of longshoremen succeeded partly, and 1 of hod carriers remained unsettled. s The greater part of the chapter is devoted to an elaborate article on the strike question as viewed from the legal standpoint. Compulsory A rbitration .—This comprises a discussion of the question of compulsory arbitration together with the views of various writers on the subject. Counties of Maryland .—This is a revision of an article pn the same subject contained in the report for 1893, and contains information for each county regarding location, population, tax rate, assessed values, size of farms, nature of soil, value of farm land, farm products, timber, water, roads, industries, wages, labor, transportation, advan tages, improvements needed, etc. REPORTS OF STATE BUREAUS OF LABOR---- NEW JERSEY. 7 7 7 NEW JERSEY. N in eteen th A n n u a l R e p o r t o f the B u r e a u o f S ta tistics o f L a b o r and In d u s tr ie s o f N e w J e r s e y . For the year ending October 31, 1896. Charles H. Simmerman, Chief, xii, 610 pp. This report treats of the following subjects: The oyster industry, 45 pages; statistics of manufactures, 63 pages; laws and decisions of New Jersey courts affecting the interests of wage earners, 32 pages; cooperative building and loan associations, 468 pages. T h e O y s t e r I n d u s t r y .— This inquiry relates solely to the com mercial feature of the oyster industry in the State. The statistics pre sented do not represent the whole value of the industry, but only that part which is involved in direct production. The following is a sum mary of the more important figures presented: Number of establishments reporting..................... ................................... 664 Value of boats and outfit.................................. ......................................... $460, 977 12, 287 Acres of planting grounds......................................................................... Number of hands, planting and marketing................................................ 3, 592 Wages paid, planting and marketing...................................................... $328,197 Total receipts.......................... .................................................................. $1, 384,516 S t a t is t ic s of M a n u f a c t u r e s .—This investigation was conducted upon a plan similar to that which has been pursued by the Massachu setts bureau for the past nine years. To manufacturers in the State, 700 schedules of inquiry were mailed and distributed by agents of the bureau. Of these, 405 were returned by the. manufacturers, but only 309 were sufficiently complete to be used for tabulation. Forty-eight general industries are represented in the tables. The following tables present a summary of the information returned for each of the 13 industries which produced goods to the value of $1 ,000,000 and over, and for the others collectively: c a p it a l in v e s t e d , m a t e r ia l Industries. , a n d goods m a d e INDUSTRIES, 1895. used t u r in g Estab lish ments. Capital invested. Estab lish ments. in v a r io u s m a n u f a c Stock or material used. Estab lish ments. 4 Goods made or work done. Bar steel and iron............................ Brick and terra cotta....................... Cotton goods..................................... . Electric dynamos and lamps......... Foundry, iron.................................... Hats, men’s ....................................... Knit goods.......................................... Leather.......................... - .................... Machinery........................................... Rubber goods..................................... Shoes. . . ' ............................................... Silk goods........................................... Woolen and worsted goods............ Other.................................................... 4 12 2 2 10 16 4 7 18 4 12 56 13 113 $3, 492, 378 2, 058, 540 575, 000 982, 516 1,090, 853 694, 470 1, 220, 000 950,000 1, 892, 630 1,900, 651 393. 546 9, 330, 444 4, 246, 373 8, 836, 800 4 9 2 2 8 14 3 7 19 3 12 50 14 115 $1,535,206 487, 559 2, 456, 591 551, 446 1, 048,122 802,752 411, 990 904,716 383, 702 431, 294 522, 944 7, 781, 515 3, 988,486 5, 021,104 12 2 2 9 15 3 7 16 3 12 50 13 113 $2, 707,035 1, 392, 222 2,760,910 1,191, 919' 1, 627, 592 1, 698, 524 1, 805, 984 1,617,135 1, 268, 011 1, 362, 983 1,609,865 14, 752, 857 6,166, 845 9,177,443 T o ta l......................................... 273 37, 664,201 262 26, 327,427 261 49,139,325 778 BULLETIN OF THE DEPARTMENT OF LABOR. PERSONS EM PLOYED, W A G E S P AID , A N D D A Y S IN O PER ATIO N IN VAR IO U S M A N U F A C T U R IN G INDUSTR IES, 1895. [Officers, clerks, and salaried persons are not included in the returns shown in this table.] Industries. Bar steel and iron................................ Brick and terra cotta.......................... Cotton goods........- - ......................... . Electric dynamos and lamps........... Foundry, iron................................... Hats, men’s ........................................... Knit goods........... ................................. Leather.................................... ............ Machinery................................ ............ Rubber goods............................ - ......... Shoes .................................... ........ ........ Silk gends -- ____________ Woolen and worsted goods............... O t h e r ................ ........... ..................................... Total............................................. Aggre Aver Average Amount gate age proportion paid in Estab Estab average Estab lish days in wages of business lish lish persons ments. ments. during the ments. opera done (per em tion. year. cent). ployed. 1,516 4 12 1,517 2 579 1,081 2 10 821 1,320 17 4 1, 625 592 8 19 938 5 1,049 37 . 1,350 61 32,105 15 4,46 L 128 8, 637 304 37, 591 ,4 9 2 2 10 15 3 8 18 ' 4 15 60 14 116 $781, 828 588, 397 222, 25^ 454,435 459,662 547,575 428, 950 327, 314 481,487 370, 985 585, 889 4, 672. 355 1, 319,775 3,065, 062 280 14, 305, 972 228.50 246.25 275.77 299. 00 243.50 229. 70 270.08 302.12 297. 69 237. 62 229. 83 57.61 78.28 99.87 84.01 04. Ofr 79.45 90.34 88.32 67.24 54.75 79.56 293 j 257.07 71. 06 4 12 2 2 10 15 4 8 37 5 13 61 15 125 As the answers to the questions in the returned schedules were not all .complete, the number of establishments in the different columns varies, and, therefore, makes a fair comparison of the items with one another impossible. Of the establishments reporting on this point, 1 92 were owned by private firms and 106 by corporations. There were 430 partners and 1,643 shareholders. The total capital invested by 273 establishments was $37,664,201, of which $24,770,372, or 65.77 per cent, was owned by corporations and $12,893,829, or 34.23 per cent, by pri vate firms. The value of stock or material used in 262 establishments was $26,327,427, and the value of goods made or work clone in *261 establishments was $49,139,325. In 280 establishments reporting as to employees’ earnings, $14,305,972 were paid in wages during the year. There were 37,591 persons employed in 304 establishments. In 293 establishments the average number of days in operation was 257.07 and the average percentage of business done 71.06. C o o p e r a t iv e B u il d in g a n d L o an A s s o c ia t io n s .— At the close of the year, October 31, 1896, there were 322 cooperative building and loan associations in the State, throwing out the lapsed associations and adding the incorporations not a year in operation. Of these 304 were local associations, 10 were State, and 8 were national. The tabulations give data for 316 associations, viz, 302 local, 9 State, and 5 national. REPORTS OF STATE BUREAUS OF LABOR---- NEW JERSEY. 779 The following statement contains a summary of the more important data presented for each class of associations: B U IL D IN G A N D LO A N ASSOCIATIONS, 1896. Associations. Items. Local. Associations................................................... Free shares.. . ................................................. Pledged shares................................................ Shares issued during year.......................... Shares canceled during year...................... Shareholders......... .................. .......... ............ Shareholders who are borrowers............... Houses acquired by borrowers during year............................................................. . National. State. 302 392, 579* 194, 458* 131,933* 103, 806* 87,994 25,336 9 136,189 18, 517* 90,110 26, 448* 22,601 1,053 1, 922 Total. 5 7, 912 831 5, 062 1,911 980 103 316 536, 680* 213, 806f 227,105* 132,166 111,575 26, 492 8 321 2, 251 A ssets: Loans.......................................................... $38,171, 895. 27 1,137, 679. 33 Cash on hand........................................... 1,658,049.50 Allother........................ .......................... $1, 620, 999. 86 41, 000. 29 85, 712. 40 $600, 779.04 30, 628.17 32, 451. 38 $40, 39,3, 674.17 1, 209, 307. 79 1, 776, 213.2$ 40,967, 624.10 1,747,712.55 663, 853. 59 43, 379,195.24 T o t a l ............................................... .. Liabilities: Bills payable............................................. Undelivered loans........'........................... Shareholders’ overpayments (dues, interest, premiums)............................ Net assets.................................................. A ll other.................................................... 646, 273. 78 257, 602.10 160, 678. 88 37, 730.30 21, 302. 57 7, 716.50 828, 255.23 303,4)48.90 322, 545. 80 39,128, 063. 34 613,139. 08 68, 368.17 1, 298, 732. 07 182, 203.13 6, 042. 67 628,420. 27 376. 58 396, 956. 64 41, 055, 215. 68 795, 718. 79 T o ta l.............................................. ....... 40, 967, 624.10 1, 747, 712. 55 663, 858. 59 43, 379,195. 24 Total receipts for year...................... Total disbursements for yea r.......... 16, 384,189. 52 16,265, 886.63 1, 066, 950. 89 1, 060,553.32 462, 651. 22 449, 091. 62 17,913,791.63 17, 775, 531. 57 The report shows that in all the associations in the State there were 750?487| shares in force. These were held by 111,575 shareholders, of whom 26,492 were borrowers. Of the total number of shares, 1,8S5£ are full paid, or other than installment shares. The total gross resources of all the associations amounted to $43,379,195.24. The following statement is a comparative summary of the principal data tabulated in detail for the years 1890 to 1896, inclusive, and shows the aggregate condition of the associations for their respective fiscal years. The data include outside business of the national associations. SU M M AR Y OF B U ILD IN G A N D LOAN ASSOCIATIONS, 1890 TO 1890. Associ ations. Year. 1890.................................................... 1891......................................... .......... 1892.................................................. 1893....................................... ............ 1894.................................................... 1895.................................................... 1896.................................................... Total number. Number report ing. 257 275 290 297 306 317 322 254 271 290 297 306 301 316 Shares in force. 437,773 518, 777 571, 665 634, 163 689, 398 693,810 750,487 Sharehold Borrowers. Net assets. ers. 71, 726 78,725 87, 762 93,889 98.167 101, 619 111, 575 18,864 . 19,255 21, 752 22, 910 24, 670 25, 598 26,492 $22,043,892 25, 606, 373 29, 988, 767 33, 836,487 37, 339. 602 38,882,110 41,055, 216 This comparison shows a steady increase in the number of associa tions and of their business operations in the aggregate. In no case was there a falling off from one year to another, either in the number of 780 BULLETIN OF THE DEPARTMENT OF LABOR. associations or in any of the items shown in the preceding table. While the number of associations increased from 257. to 322 during the period, the net assets of those reporting nearly doubled during the same time. NORTH CAROLINA. Tenth Annual Report o f the Bureau o f Labor Statistics o f the State of North Carolina. For the year 1896. B. R. Lacy, Commissioner, vii, 254 pp. The following subjects are treated in this report : Agricultural sta tistics, 50 pages ; cotton and woolen mills, 56 pages 5 miscellaneous and tobacco factories, 41 pages; trades, 62 pages,- organized labor, 13 pages; railroad statistics, 8 pages; newspapersj 13 pages; bureaus of labor, 10 pages. A gricultural Statistics.—The information presented in this chapter was obtained by means of schedules of inquiry sent to farmers throughout the State. Answers were obtained from 355 representative farmers of the 96 counties in the State. These replies showed a decline in the value of farm land in 60 counties, and in 84 counties there was a tendency to have smaller farms. An improved mode of living was reported in 71 CQunties. Cost of living increased in 8 counties, decreased in 65 counties, and in the remaining 23 counties no change was reported. In only 29 o f the 96 counties was a decrease in wages reported. In 68 counties labor was reported abundant, in 28 counties scarce, and in 67 counties laborers could find employment all the year round. In 18 counties an improved financial condition was reported. The average price paid per month for farm labor was $8.50 for men, $5 for women, and $3 for children, and laborers received in addition rations and homes valued at $6.70 per month. Cotton and W oolen Mills .—Reports were obtained from 189 mills, situated in 42 counties. Of these, 158 were cotton mills, 11 were woolen mills, and 20 were for the manufacture of hosiery, knit goods, rope, nets, and twine. They had a total o f 888,792 spindles and 20,742 looms, operated by 36,690 horse power. The estimated number of employees was 23,435, of whom 6,822 were men, 10,567 were women, and 6,046 were children. Of the latter, 3,379 were under 14 years of age. Eighty-one per cent of the adults and 66.5 per cent of the children wore able to-read -and write. The length of a day’s work was from 10 to 12 hours. The average daily wages were as follows : Machinists, ;$1.68£; engineers, $1.46; firemen, $0;86; skilled men (not including; superin tendents and overseers), $0.99; unskilled men, $0.67; skilled women, $0.66;, unskilled women, $0.47J; children, $0.31. MiseELLANHOus and Tobacco F actories .—Under the head of miscellaneous factories; reports are presented from 64 establishments representing 38 industries. Of these, nearly 60 per cent worked full time during the year. In 80 per cent of the factories 10 hours consti REPORTS OF STATE BUREAUS OF LABOR---- NORTH CAROLINA. 7 8 1 tuted a day’s work. A decreased cost of living was reported by 78 per cent of tlie manufacturers. One employer reported an increase, and the others no change. Sixty-four per cent reported no change in wages, 24 per cent a decrease, and 12 per cent an increase. Reports regarding the tobacco manufacturing industry were received from 45 establishments. Only 8 factories made full time during the year. Of the others, 11 worked less than 150 days, 13 worked from 150 to 200 days, and 8 worked more than 200 days, but not full time. Five did not answer this inquiry. The length of the working day varied from 8to 13 hours. Eighteen factories reported an improvement in the financial condition of the employees. Trades.—Schedules of inquiry were sent to persons engaged in skilled trades throughout the State. Responses were received from 261 persons, representing 53 occupations. Over one-half the number were carpenters, bricklayers, blacksmiths, machinists, cabinetmakers, tanners, and painters. Of the total number responding, 77.5 per cent received their wages in cash and 22.5 per cent in trade and cash; 7.2 per cent reported an increase in wages, 45 per cent a decrease, and 47.8 per cent reported no change; 48.1 per cent worked full time during the year; 72.3 per cent worked 10 hours per day, 3.7 per cent less than 10 hours, and 24 per cent worked over 10 hours per day; as to cost of living, 7.7 per cent reported an increase, 64.1 per cent a decrease, and 28.2 per cent reported no change; 24.5 per cent reported an im provement in their financial condition. Organized Labor .—Organization among the working people in . North Carolina has not made much progress. Only 12 local branches, representing 7 trade unions, are reported by the bureau. The follow ing statement shows the membership of these organizations and the average wages and hours of labor of the members : M EMBERSHIP OE LABOR O R G AN IZATIO N S A N D W AGES A N D HOURS OF LABOR OF MEMBERS. Organization. Local branch es. Mem bers. Brotherhood of Locomotive Engineers......... Typographical Union........................................... Order of Railway Conductors.......................... International Association of Machinists___ Brotherhood of Carpenters................................ Bookbinders’ U nion........................ ................... Brotherhood of Railway Trackmen................. 5 2 1 1 1 1 1 213 89 36 32 32 9 8 T o ta l............................................................. 12 419 a Two branches report no limit. W ages. Per month. Per week. $90 to $115 (&) 75 $22. 50 to $27.50 12. 00 to 15.00 (&) 15. 00 7.50 12. 00 (&) (b) (b) 54 35 Daily hours of labor. a 8 to 14 9 10 10 10 9 (f>) b Not reported. Two of the organizations made provision for sick benefits, and all but two for death benefits. No strikes were reported in any of the unions. One local branch reported a wage increase during the year, but all others reported no change. In the case of nine local branches the organizations were regarded favorably by the corporations, in one 1453—No, 13------7 782 BULLETIN OF THE DEPARTMENT OF LABOR. unfavorably, and in the case of the two others this inquiry was not answered. B ailroad Statistics.—The number, occupation, and average wages o f employees are shown for each railroad in the State. The number of railroad employees in the State wag estimated at 9,417. The total mile age was 3,701, or an increase of 85 miles over the preceding year. B ureaus of Labor.—This chapter contains a list of the names of all the bureaus of labor in the United States and of many o f the for eign bureaus of statistics and labor, together with the names and titles o f their chief officers. TENNESSEE. Sixth Annual Report o f the Bureau o f Labor, Statistics, and Mines to the Governor and Fiftieth General Assembly o f the State o f Tennessee. 1898. A. H. Wood, Commissioner. 318 pp. The contents of this report may be grouped as follows: Statistics of mines and mine inspection, 231 pages; the phosphate industry, 16 pages; the marble industry, 26 pages; the petroleum field of Tennes see, 6 pages; mine wages and regulations, 15 pages; labor conditions, 15 pages; chronology of labor bureaus, 8 pages. Statistics of Mines and Mine I nspection.—The report treatsmainly of the mineral resources of the State, it being impossible for the bureau to collect statistics of manufactures. The amount and value of mine products are shown, and in some instances comparative figures are presented for Tennessee and other States, and for present and past periods. The statistics relate to the production of coal, coke, iron ore, pig iron, zinc, lead, and copper, and to casualties in coal mines. A description of the location and general condition of the coal mines in the State is also given. During the year 1896, 58 coal mines were reported in operation. A total of 2,663,714 tons of coal were mined, showing an increase of 343,994 tons over 1895. The coal mines gave employment to an average of 5,858 persons (during an average of 202 days in the year. The coke pro duction amounted to 332,746 tons. The other mine products reported for the year were 577,403 tons of iron ore and 109,987 tons of copper ore. Lead and zinc were also mined, but the quantity was not reported. The pig-iron production in 1896 was 246,998 tons, a decline of 1,131 tons over the preceding year. Twenty-seven fatal accidents, or one to every 244 employees, were reported. The P hosphate I ndustry.—The development of this industry in the State began but a little over three years ago. A description is given of the location of the phosphate deposits, their chemical composition, and a history of their development. During the year 49,047 tons of phosphate were produced. T he Marble I ndustry .—Tennessee ranks third among the States REPORTS OF STATE BUREAUS OF LABOR---- TENNESSEE. 783 of the Union in the value of marble produced, Georgia being second and Vermont first. The report contains a history of the growth and development of the marble industry, a description of the different varieties found, and an account of the production by counties. During 1896, 210,635 cubic feet of marble were produced in the State. The P etroleum F ield of Tennesse^.—The drilling of oil wells in the State has thus far been largely experimental. Oil was discov ered in considerable quantities in 1894. O f 47 wells that have been started, 32 have been completed,, and of these only 6 can be considered producers. Experiments continue to be made, and it is expected that the product will become, at no distant date, an important factor in the commerce of the State. Mine W ages and R egulations.—Under this head are given figures showing the prices paid for mining at each of the coal mines in the State, the thickness of the seam worked, and the nature of the top, together with the prices of mine supplies. Specimens of rules govern ing work and wage payments adopted by some of the leading mining companies are also given. Labor Conditions.—The principal features of this chapter are statistics of wages paid to men employed in the trades in Nashville and Memphis, a review of the general industrial conditions in the State, a description of some of the leading labor organizations, and labor dis putes during the year. During the past two years only three strikes were recorded, namely, the journeymen plumbers in December, 1895, building laborers in July, 1896, and saddle and harness makers in the fall of 1896. TENTH REPORT ON THE ANNUAL STATISTICS OF MANUFACTURES IN MASSACHUSETTS. The Annual Statistics o f Manufactures, 1895. Tenth Report, xxxiii, 293 pp. (Issued by the Bureau of Statistics of Labor, Horace G. Wadlin, Chief.) The statistics presented in this report are grouped as follows: Intro duction, 21 pages; statistics of manufactures, 121 pages; selected indus try presentations, 43 pages; analysis, 83 pages; industrial chronology, 1895, 43 pages. The information contained in this work does not represent all the industrial establishments in the State. It is computed from returns made by 3,629 identical establishments, comprising 76 industries, for the two years 1894 and 1895. The purpose of the presentation is to indicate the trend of business from year to year, and not to give a census of manufacturing industries. The 3,629 establishments considered were conducted by 2,758 private firms and 835 corporations in 1894. In 1895 the same establishments were conducted by 2,738 firms and 855 corporations. This shows a decrease of 0.73 per cent in the number of private firms and an increase o f 2.40 per cent in the number of corporations. As some of the firms and corporations conducted more than one establishment, the number of establishments is greater than the total number of firms and corpo rations. The returns showing the number of partners of firms and stock holders of corporations still further illustrate the tendency toward the change from private to corporation ownership. The number of part ners in private firms decreased from 4,420 in 1894 to 4,358 in 1895, while the number of stockholders of corporations increased from 38,712 in 1894 to 40,096 in 1895. The average number of partners to a firm was 1.60 in 1894 and 1.59 in 1895. The average number o f stockholders to a corporation was 46.36 in 1894 and 46.90 in 1895. O f the partners, 95.53 per cent were males, 2.43 per cent were females, and 2.04 per cent were estates, etc., in 1895, and of the stockholders, 54.70 per cent were males, 33.79 per cent were females, and 11.51 per cent were banks, trustees, etc. In the following table the items of invested capital, wages, and value of stock used and goods made are compared for the years 1894 and 1895. The 9 leading industries are given in detail, the 67 others being grouped under other industries. 784 MANUFACTURES IN MASSACHUSETTS. 785 STATISTICS OF M A N U F A C T U B E S IN 76 IND U STBIES, 1894 A N D 1895. Capital invested. Estab lish ments Wages paid. 1894. 1895 Per cent of in crease. 1894. 1895. 544 Boots and shoes................... Carpetings.......................... 11 Cotton goods........................ 157 119 Leather................................. Machines and machinery. 292 278 Metals and metallic goods. 97 Paper and paper goods----110 Woolen goods...................... 21 Worsted goods..................... Other industries................. 2, 000 $23, 759, 720 7, 268, 249 121, 257,425 7, 618, 495 28, 298, 638 16, 716, 854 25,404, 250 22, 435, 934 14,411, 761 134, 348, 623 $22, 260, 312 5, 998, 958 115,236, 307 8, 254, 401 24, 700, 083 16,173, 763 23, 734, 206 22, 593, 849 14, 957, 015 121, 966, 280 <*6.31 <*17.46 <*4.97 8.35 <*12.72 a 3.25 a 6.57 .70 3.78 a 9.22 $17, 477, 665 1,329, 350 22, 728, 892 2, 518, 537 , 6,787.905 5,057, 851 4, 036, 013 4, 641, 991 2, 779, 095 37,200, 561 $17,436, 667 1, 696, 331 25, 505,781 2, 874, 938 8,165, 228 5, 843, 475 4, 275, 733 5, 662, 309 4,122,161 40,901,120 a 0. 23 8,629 401, 519, 949 375,875,174 a 6.39 104, 557, 860 116, 483, 743 11.41 Industries. T otal.......................... Stock used. Industries. Estab lish ments. Boots and shoes................... 544 Carpetings.......................... 11 Cotton goods........................ 157 L e a th e r............................. 119 Machines and machinery. 292 278 Metals and metallic goods. 97 Paper and paper goods___ W oolen goods...................... n o Worsted goods..................... 21 Other industries................. 2, 000 T o ta l...................... 3, 629 1894. 1895. Per cent of in crease. 27. 61 12.22 14.15 20. 29 15. 53 5. 94 21. 98 48. 33 9. 95 Goods made and work done. Per centof in crease. 1894. 1895. Per cent of in crease. $42, 755, 762 3, 621, 574 43,806,152 10, 237, 253 7, 325, 980 8, 005, 071 14,133, 042 12, 306, 231 8, 233, 757 122,190, 097 $47,888,675 12.01 - 4,314,005 19.12 44, 575,179 1. 76 13, 966,349 36.43 9,019, 819 23.12 8, 923, 650 11. 47 13,807, 787 a 2.30 13, 659, 663 11.00 11, 843, 688 43. 84 122,012, 094 <*.15 $72, 755, 237 5,760,705 78, 233, 289 14, 491, 501 19, 858, 806 16, 799, 742 22,854, 947 21,219, 705 12, 760,163 204, 015, 083 $76, 882, 713 7,169, 018 86, 689, 082 19, 699,272 23, 785, 409 19, 247, 522 22, 791,452 23, 630, 934 18, 759, 463 213,142, 334 5.67 24.45 10. 81 35.94 19.77 14. 57 <*. 28 11.36 47. 02 4.47 272, 614, 919 290, 011, 509 6. 38 468, 749,178 511, 797,199 9.18 a Decrease. The total amount of capital reported by the 3,629 establishments was $401,519,949 in 1894 and $375,875,174 in 1895, a decrease of 6.39 per cent in the latter year. O f the 9 leading industries shown in the above table, 3 had an increase and 6 a decrease in the amount of capital invested. The greatest relative increase was 8.35 per cent, in the leather industry, and the greatest relative decrease, 17.46 per cent, in the carpet industry. Of the 76 industries, 24 showed an increase and 52 a decrease in the amount of capital invested. The total amount of wages paid in all the establishments considered was $101,557,860 in 1894 and $116,483,743 in 1895, an increase of 11.41 per cent. Only 1 of the 9 leading industries shows a decrease in the relative amount of wages paid, namely, the boot and shoe industry, 0.23 per cent. The greatest relative increase in the amount of wages paid was 48.33 per cent, in the worsted-goods industry. The results for all industries show that in 62 there was an increase, and in 14 a decrease, in the amount of wages paid. The term “ stock used” means all materials used or consumed in the manufacture of goods, whether entering into the composition of the fabric or consumed in the process of manufacture. The total cost of stock used in all the establishments was $272,614,919 in 1894 and $290,011,509 in 1895, an increase of 6.38 per cent. The cost of stock 786 BULLETIN OF THE DEPARTMENT OF LABOR. used in 1895 shows an increase in all but one of the 9 leading indus tries, the paper and paper-goods industry showing a decrease of 2.30 per cent. The greatest relative increase, 43.84 per cent, was found in the worsted-goods industry. Fifty-eight of the 76 industries showed an increase, and 18 a decrease, in the cost of stock used. The aggregate value of goods made and work done in the 3,629 estab lishments was $468,749,178 in 1894 and $511,797,199 in 1895, an increase of 9.18 per cent. There was an increase in all but one of the 9 leading industries in 1895, a relative decrease of 0.28 per cent of the value of goods made being reported in the paper and jiaper-goods industry. The greatest relative increase was 47.02 per cent in the worsted-goods industry. Fifty-eight of the 76 industries showed an increase in the value of goods made in 1895 over the preceding year. Comparative statistics of the number of employees and their average yearly earnings are presented in the three tables which follow. Officers, clerks, and other salaried persons are not included in the tabulations. A V E R A G E NU M BER OF EM PLOYEES A N D A V E R A G E W A G E S IN 76 IN D U STR IES, 1894 A N D 1895. Industries. Estab lish ments. Average number of em ployees. 1894. 1895. Boots and sliocs. . - ................... ....................Carpetings . ........................... - ........................ Colton goods......... ........................................... Leather.............................................................. Machines and machinery............. ............... Metals and metallic goods................. .......... Paper and paper goods.................................. Woolen goods . . . ............................................. Worsted goods................................................. Other industries............................................. 544 11 157 119 292 278 97 110 21 2, 000 34,749 3, 744 72, 093 5, 317 12, 916 10,124 9,916 13, 659 8, 889 82, 029 35, 741 4, 583 77, 341 6, 003 15, 277 11, 343 10,470 15,176 11,548 88, 815 Total........................................................ 3,629 253,436 276, 297 1Percent of in crease. Average yearly earn ings. 1894. 1895. 2.85 $502.97 $487.86 22.41 355. 06 370.14 7.28 315.27 329. 78 12.90 473. 68 478. 92 18.28 525. 54 534.48 12. 04 499. 59 515.16 5.59 407.' 02 408. 38 11.11 339. 85 373.11 29.91 312. 64 356. 96 8. 27 453.50 460. 52 9.02 412. 56 421. 59 Percent of in crease. a 3.00 4.25 4.60 1.11 1.70 3.12 0.33 9.79 14.18 1.55 2.19 a Decrease. The 3,629 establishments considered gave employment, in the aggre gate, to an average of 258,436 persons in 1894 and 276,297 persons in 1895, an increase of 9;02 per cent. A ll of the leading industries show an increase in the number of persons employed. The greatest relative increase was 29.91 per cent in the worsted goods, and the least, 2.85 per cent, in the boot and shoe industry. O f the 76 industries, 46 show an increase, 12 a decrease, and 18 no change in the average number of employees. The returns also show an increase in the average yearly earnings of employees of all establishments, taken in the aggregate. In 1894 the average per employee was $412.56 and in 1895 it was $421.59, or an increase of 2.19 per cent. The boot and shoe industry showed a decrease o f 3 per cent in the average earnings. The other eight leading indus tries reported an increase. The greatest relative increase was 14.18 per cent in the worsted goods industry. Of the 76 industries considered^ MANUFACTURES IN MASSACHUSETTS. 787 54 report an increase and 22 a decrease in tlie average yearly earnings of employees. The following statement shows for the 76 industries tlie percentage of males and females of the whole number employed at each specified weekly rate of wages: PEE CENT OF M A L E S ANT) F E M A L E S OF TH E W H O LE N UM BER EM PLO YED A T SPECIFIED W E E K L Y W A G E S I N 76 INDU STR IES, 1894 AN D 1895. 1894. 1895. W eekly wages. Males. Females. Males. Females. Under $5..................................................................................... ........... $5 or under $6....................................................... ............. ............... $6 or under $7..................................... ................................................. $7 or under $8....................................................................................... $8 or under $9................................................................... ................... $9 or under $10 ............................................................... ................. $10 or under $12.................................................................................... $12 or under $15............... .................................................................. $15 or under $20............. .................................................................... $20 or over..................................... ■_..................................................... 37. 03 35. 46 48.24 58. 36 66. 07 81.69 87. 53 93. 70 96.89 98. 88 62.97 64. 54 51.76 41. 64 33. 93 18. 31 12. 47 6. 30 3.11 1.12 39.25 36.86 47.45 58.14 66.14 80. 33 86. 77 93. 41 97.13 99. 01 60.75 63.14 52. 55 41.86 33.86 19.67 13. 23 6. 59 2. 87 .99 T o ta l........................................................................................... 65.05 34.95 65. 88 34.12 The statement shows that in both years females were paid lower •wages than males. Comparing the figures for the two years, it is found that the proportion of females increased in the following five wage groups, namely, “ $6 or under $7,” “ $7 or under $ 8,” “ $9 or under $10,” u $10 or under $12,” and u $12 or under $15.” The following statement shows for the 76 industries the proportion of the males, females, and employees of both sexes, respectively, in each wage group, the total number of males, females, and employees of both sexes being each represented as 100 per cent: PER CENT OF TH E T O TAL M A L E S A N D F EM AL ES A T SPECIFIED W E E K L Y W A G E S IN 76 INDUSTR IES, 1894 A N D 1895. 1894. 1895. Weekly wages. Males. Females. Total. Males. Females. Total. Under $5.......................................................... $5 or under $6................................................ $6 or under $7............. ................................... $7or under $8............................................ $8 or under $9 ............................................... $9 or under $10............................................... $10 or under $12............................................. $12 or under $15................................... $15 or under $20............................................. $20 or over.........................*.......................... . 8.98 5.98 9.16 9.87 8. 80 12.18 14. 04 15. 61 11. 37 4.01 28.43 20. 24 18. 30 13.10 8. 41 5. 08 3. 72 1.95 .68 .09 15. 78 10. 96 12. 35 11. 00 8. 67 9. 70 10. 43 10.84 7. 63 2.64 8. 70 5. 85 8. 85 9. 75 9. 38 12.40 14.16 15. 68 11. 30 3. 93 25.99 19. 35 18. 94 13. 55 9. 28 5.86 4.17 2.14 . 64 .08 14.60 10. 46 12.29 11. 05 9. 35 10.17 10. 75 11. 06 7. 66 2. 61 T otal.................................................... 100. 00 100. 00 100.00 100.00 100. 00 100.00 788 BULLETIN OF THE DEPARTMENT OF LABOR. The following table represents the average proportion, of business done by the establishments represented in the 76 industries. The greatest capacity or maximum production is considered as 100 per cent, and the figures given indicate the average proportion of business done on this basis. PER CENT OF BUSINESS DONE A N D A V E R A G E D A Y S IN TRIES, 1894 A N D 1895. Industries. Estab lish ments. Per cent of business done of maximum capacity of estab lishments. 1894. Boots and shoes................................................................ Carpetings......................................................................... Cotton goods.......................................................... .......... Leather........................................... .................................. Machines"and machinery.............................................. Metals and metallic goods . . ........................................ Paper and paper goods............. - ................................... Woolen goods.................................................................. Worsted goods................................................................. Other industries.............................................................. T o ta l....................................... ......................... . 544 O PER ATIO N IN 76 IN D U S 1895. Average days in operation. • 1894. 1895. 157 119 292 278 97 110 21 2,000 60.48 61.55 80.12 64.47 53.49 56. 94 74.18 66. 45 73. 33 57.60 60. 26 71. 36 88.33 65. 38 58.91 61.16 77. 22 83.32 88. 57 59. 85 282.98 259.15 ' 272. 74 292.92 280. 02 266.11 276. 31 265.19 270. 22 278. 59 282.13 299. 33 296.93 294. 26 297. 95 280. 98 290. 61 291.14 306. 34 288.19 3,629 59. 67 62.73 276. 01 291.42 11 The average proportion of business done by the 3,629 establishments’ was 59.67 in 1891 and 62.73 in 1895, an increase of 3.06, or 5.13 per cent. Ho industry produced to its full capacity, the nearest approach being 88.57, in the worsted-goods industry. The average number of days in operation was 276.01 during 1894 and 291.42 during 1895, an increase of 15.41 days, or 5.58 per cent. Of the nine leading industries, only one, that of boots and shoes, exhibited a decrease in the average number of days in operation. O f the 76 industries, 56 show an increase in the average number of days in oper ation, 19 show a decrease, and in one case the number of days was the same for both years. The next table presents the actual industry product per $1,000 of capital invested in each of the nine leading industries, the average product per employee, the percentage o f industry product paid in wages and the percentage devoted to other expenses. By industry product is meant the actual result of the productive force in the industry; that is, the added value created above the value of stock and materials consumed. MANUFACTURES IN MASSACHUSETTS. 789 IN D U ST R Y PRODUCT, W A G E S, ETC., IN 9 SPECIFIED IN D U STRIES, 1895. [By industry product is meant the actual result of the productive forces in the industry; that is, the added value created above the value of stock apd materials consumed. The values presented in this table under the designation “ Industry product” are obtained by deducting from the total value of goods made and work done in each industry the value of stock used, the difference being added value or actual product due to the industry. In the division of the proceeds of each industry, one part of this industry product is paid to the labor force in the form ot' wages, this being labor’s share of the product. The balance constitutes a fund from which are paid freights, insurance, interest on loans (credit capital), interest on stock (fixed or invested capital), rents, commissions, salaries, etc.; in fact, all expenses other than those for stock and wages. The remainder, if any, is the profit of the employer. The entire balance of the industry product remaining after the deduction of the amount paid in wages becomes a “ Profit and minor expense fund,” and is thus designated in the table. Of course, it will be understood that the term minor expense is relative. The expenses, paid out of this balance, are in themselves considerable in amount, and are only to be classed as minor in com parison with the generally larger amounts expended for materials (stock) and wages.] Industry product. Industries. Industry product. Boots and shoes............. $28,994,038 Carpetings..................... 2,855, 013 Cotton goods................... 42,113, 903 Leather............................ 5, 732, 323 Machines and machin ery .................................. 14, 765, 590 Metals and metallic 10,323, 872 goods ............................ 8, 983, 665 Paper and paper goods. 9, 971, 271 Woolen goods................. 6, 915, 775 Worsted goods............... Wages. Percentage of in dustry product. Profit and minor ex Average pense fund. Per $1,000 per em Paid in of capital. ployee. wages. Devoted to profit and mi nor ex penses. $17, 436, 667 1, 696, 331 25, 505, 781 2, 874, 938 $11, 557,371 1,158,682 16, 608,122 2, 857, 385 $1, 302.50 475. 92 365. 46 694.46 $811. 23 622. 96 544.52 954. 91 60.14 59.42 60. 56 50.15 39.86 40.58 39.44 49.85 8,165, 228 6, 600, 362 597.80 966. 52 55.30 44. 70 5,843, 475 4. 275, 733 5, 662, 309 4,122,161 4, 480, 397 4,707,932 4, 308, 962 2, 793, 614 638. 31 378.51 441.33 462. 38 910.15 858.04 657. 04 598. 87 56. 60 47. 59 56. 79 59. 61 43.40 52.41 43. 21 40. 39 The percentage of the industry product devoted to wages is greatest (60.56) in the cotton-goods industry, and least in that of paper and paper goods (47.59). A comparison of the value of goods made and work done in identical establishments is shown in the following statements: V A L U E OF GOODS M A D E A N D W O K E DONE IN 789 ID E N T IC A L ESTABLISH M ENTS, 1886 TO 1895. Value of goods made and work done. Year. Increase. Amount. Per cent. 1886.............................................................................................................. $226,135, 840 1887 .............................................................................................................. 240,053, 323 $13, 917,483 1888 ............................................................. ............................................... 246, 448, 882 6, 395, 559 1889 ............................................................................................................. 256, 203, 005 9, 754,123 1890 ...................................................... ......................................... ............ 266, 471, 202 10,268,197 1891............................................................................................................. 271,349,483 4, 878, 281 1892 ............................................................................................................. 283, 862, 237 12, 512, 754 1893 ................. ............................................................................................ 260, 285, 327 a 23, 576,910 1894 ......................................... .................................................................... 230, 913,149 a 29,372,178 1895 .......................................................................... ................................... 254, 222, 996 23, 309, 847 6.15 2.66 3.96 4. 01 1.83 4. 61 a 8. 31 a ll. 28 10.09 V A L U E OF GOODS M A D E A N D W O R K DONE IN 3,109 ID E N T IC A L E STABLISH M EN TS, 1891 TO 1895. Value of goods made and work done. Year. Increase. Amount. 1891............................................................................................................. $492, 467, 718 1892 .......................................................................... ................................... 525, 744, 008 $33, 276,290 1893 .............................................................................................................. 484, 590, 768 a41,153,240 1894 ............................................................................................................ 435, 937,044 a 48, 653,724 1895 .............................................................................................................. 474, 540, 739 38, 603, 695 a Decrease. Per cent. 6. 76 a 7.83 a 10.04 8. 86 RECENT FOREIGN STATISTICAL PUBLICATIONS. Travail du Dimanche: JEtabUssements Industrials (non eompris les mines, minieres et carrieres). Volume II, Belgique. Office du Travail, Ministere de l’Industrie et du Travail. 1897. xlii, 481 pp. In Bulletin No. 7 of the Department a notice was given of the com prehensive investigation undertaken by the Belgian bureau of labor concerning Sunday work, the first volume of the report of which was analyzed. The present volume is a continuation of this report, and, like the first, relates to industrial establishments in Belgium exclusive of mines and quarries. The information presented relates to the same establishments comprehended in the first volume, but is given either in a different form or embraces additional points. The bulk of the report (481 pages) is devoted to a series of brief monographs, each relating to an individual establishment and showing the character of the industry carried on, the number of employees ac cording to the main classes of occupations, the extent and cause of Sunday work, and whether such work is regular or irregular. A resume of these facts is given for the principal industries, and generally for all the industries. The following four points are subjected *to a specific analysis: Work during the first hours of Sunday in order to complete Saturday night’s shift; the causes for Sunday work; the employment of women and children on Sunday, and the number of days during the year and the number of Mondays that workingmen are unemployed. Work on Sunday morning in order to finish the shift of Saturday night occurs in those establishments which run day and night, the most important of which are engaged in the manufacture of iron and steel. This work scarcely belongs to Sunday work as usually consid ered, since, for the most part, work ceases at 5 or 6 o’clock in the morning and no work is performed for the remainder of the day. The general conclusion reached by the Belgian bureau is that this labor is not an absolute necessity, since in each industry there are establish ments which, though running night and day, do not extend the work on Saturday night into Sunday morning. The causes for Sunday work are different according to whether the work relates to production, maintenance and repair, or guarding and transportation. It has been shown in Volume I of this report that about nine-tenths, or 89.17 per cent, of the 41,079 workingmen employed on Sunday are engaged in productive operations, nearly one-tenth, 9.75 per cent, in maintenance and repair, and but the small proportion of 790 FOREIGN STATISTICAL PUBLICATIONS. 791 1.08 per cent in guarding, transportation* and shipment. The problem of Sunday work is, therefore, chiefly concerned with operations of pro duction. The most important cause of Sunday work in this branch is the technical difficulty of interrupting certain operations of production. This cause is responsible for Sunday work in 40 per cent of all the establishments. In most of the establishments, however, the work is so organized that the same workingmen are employed only on alternate Sundays. A great many establishments employ only a sufficient num ber of workingmen on Sundays to prevent the deterioration of material being used or manufactured. Another most important cause of Sunday work in production is the necessity for completing orders within a limited space of time. This cause is responsible for Sunday work in two-thirds of the establishments and embraces nine-tenths of the employees in establishments working only occasional Sundays. The reasons for Sunday work for maintenance and repairs and for guardhig and transportation need little explanation. For the first kind of work the reason usually assigned is that the work can not be done during the regular operations of production. Of the 1,459 establishments investigated, but 427 employed women, and of these 80 per cent never employed women on Sunday. In the establishments employing women on Sunday, such work was for the most part irregular and was for commercial reasons. Twenty-seven establishments employed women every Sunday, and 20 others, princi pally metallurgical and textile works, employed women every other Sunday until 5 or 0 o’clock in the morning. Of the 1,459 establishments, 780 employed labor protected by the factory laws, that is, boys and girls under 21 years of age; and of these establishments 80 per cent never employed this class of labor on Sun day. In the establishments prosecuting Sunday work by this class of labor, work was chiefly irregular; there were but 22 establishments prosecuting work every Sunday. In all but 29, or in 1,430 establishments, information was obtained concerning the number of days that the establishments were not in operation. It was found that 123 establishments, or 8.60 per cent, did not shut down a single working day; 232, or 16.22 percent, were closed less than 6 days; 630, or 41.06 per cent, were closed from 6 to 9 days; 434, or 30.35 per cent, from 10 to 19 days; and 11, or 0.77 per cent, 20 or more days. It will be seen, therefore, that in the case of more than half the establishments work was stopped on less than 10 days during the year, not including Sundays, and that in about a tenth of these not a day’s work was lost. As regards the number of absences on the part of workingmen on Mondays, it was found that of the 1,423 establishments reporting on this question, 981, or 68.94 per cent, reported no absences; 211, or 14.83 per cent, that such absences rarely occurred, and the other establish ments that but a small proportion of the workingmen were absent on that day. In three-fourths of the establishments absences on Monday 792 BULLETIN OF THE DEPARTMENT OF LABOR. occurred to but au insignificant extent. The bureau failed to discover any relationship between the proportion of absences on Monday and the intensity of Sunday work. Statistique des Graves et des Recours a la Conciliation et a VArbitrage Survenus Pendant VAnnee 1896. Office du Travail, Ministere du Com merce, de ^Industrie, des Postes et des Telegraphes. xiii, 358 pp. The official record of strikes and lockouts in France, as reported by the labor bureau, dates from the year 1890. Bulletins Nos. 1 and 5 gave a resume of the reports for the years 1890 to 1895. The present volume continues this record and relates to labor disturbances during the year 1896. The following summary, as far as possible, follows the plan of former notices. A comparison of the results of 1896 with those of former years, therefore, can easily be made. In 1896 there were reported a total of 476 strikes, 4 of which, how ever, were of the nature of lockouts, being collective dismissals of workingmen. These 476 labor disputes affected 2,178 establishments; 49,851 workingmen participated as strikers; and 644,168 days of labor were lost, in which last figure, however, are included 170,262 days lost by 12,952 persons who were not strikers but were thrown out of employ ment as the result of strikes. In 1895 there were but 405 strikes, involving 1,298 establishments and 45,801 workingmen, and causing a loss of 617,469 days of labor. While the year 1895 showed a slight decrease in industrial disturbances as compared with 1894, it will be seen that in 1896 there was not only an increase in the number of strikes over 1895, but of the number of establishments and employees affected as well. This increase is stated to be wholly due to strikes occurring in the textile industries in the department of the Nord. This department alone was responsible for 165 strikes, of which 140 were in the textile industries. Of these the two cities of Boubaix and Tourcoing were responsible for 100. ! The number of days lost per striker was 13 in 1896 as against 13£ for the preceding year. In 234 of the 476 strikes, or in nearly one-half o f the cases, the strikers were organized into trade unions. As regards the results of the strikes, success was achieved by the strikers in 117 strikes, involving 11,579 persons; partial success in 122 strikes, involving 17,057 persons; and a failure resulted in 237 cases, involving 21,215 persons. The following statement shows the per cent o f strikes of total strikes and the per cent of ^strikers of total strikers which succeeded, succeeded partly, and failed, as compared with simi lar figures for 1895. From it it will be seen that the proportion of strikes resulting in a compromise and the proportion of strikers involved were distinctly smaller in 1896 than in 1895. A greater proportion of strikes were failures in 1896 than in 1895, and a greater proportion of persons were engaged in strikes resulting in this way. A slightly smaller proportion of strikes were successful in 1896, but a larger FOREIGN STATISTICAL PUBLICATIONS. 793 proportion of strikers participated in successful strikes. On the whole, less success was achieved by strikers in 1896 than in 1895. RESULTS OE STRIKES, 1895 AN D 1896. Strikes. Strikers. Results of strikes. 1895. 1896. 1895. 24. 69 29.14 46.17 24. 58 25. 63 49. 79 18.72 45.18 36.10 23. 23 34. 21 42. 56 T otal......... ........................................................................ ........................ 100. 00 100. 00 100.00 100. 00 Succeeded...................................................... . .................. ................... . Succeeded partly................................................................................................ Failed ............. .................................................................................................. 1896. As in 1895, the great majority of strikes involved but one or two establishments. Of the 476 strikes, 384 involved but 1 establishment, 28 from 2 to 5 establishments, 27 from 6 to 10, 21 from 11 to 25, and but 16 over 25 establishments. The two tables that follow show the number of strikes, strikers, and establishments involved, according to the results of the strikes, as well as the number of days’ work lost, and the proportion that the number of strikers is to the total number of working people, according to 18 groups of industries: STRIKES IK 1896, B Y INDUSTR IES. Succeeded partly. Succeeded. Industries. Strikes. Agriculture, forestry, and fish eries............................................. .Mining................. ......................... Quarrying..................................... Food products.............................. Chemical industries................... Printing......................................... Hides and leather.. . ................... Textiles proper............................ Clothing and cleaning............... Woodworking.............................. Building trades (woodwork). . . Metal refining.............................. Metallic goods.............................. Precious-metal w ork ................. Stone cutting and polishing, glass and pottery work......... Building trades (stone, earth enware, glass, etc.)................. Transportation and handling.. Other.............................................. Total . 3 4 12 Failed. Total. Estab Estab Estab Estab lishStrikes. lish Strikes. lish Strikes. lish ments. ments. ments. ments. 3 4 1 20 2 6 17 6 6 1 3 1 2 711 1 5 57 2 9 130 1 102 3 9 2 46 9 7 2 11 12 111 7 15 2 11 31 112 7 38 5 29 12 66 7 118 19 4 5 5 13 28 397 13 27 10 7 62 19 10 731 5 13 47 216 14 73 157 9 286 2 2 11 43 4 7 2 2 11 47 5 26 27 18 66 5 43 2 5 8 1 15 4 10 6 6 10 46 20 62 11 81 1 14 3 3 176 3 77 12 9 103 28 37 13 3 360 32 77 117 308 122 1,305 237 565 476 2.178 1 1 1 1 1 1 1 794 BULLETIN OF THE DEPARTMENT OF LABOR. STRIKERS A N D D A T S OF W ORK LOST IN 1896. B Y INDUSTRIES. strikers inIndustries. Agriculture, forestry, and fisheries-----M ining............................................. - ............ Quarrying..................................................... Pood products............................................. Chemical industries.................................. Printing........................................................ . Hides and leather......................................... Textiles proper........................................... . Clothing and cleaning................................ Woodworking........................................... Building trades (woodwork)................... Metal refining............................................. Metallic goods.............................................. Precious-metal work............................... Stone cutting and polishing, glass and pottery work........................................... . Building trades (stone, earthenware, glass, etc.)................................................. Transportation and handling................. . Other.............................. ............................... Total Suc Partly Strikes cessful successful which strikes. strikes. failed. 915 3,027 247 Strikers Total per 1,000 Days of strikers. work work lost. people, (a) 958 1,832 75 102 374 32 735 3, 555 256 212 145 400 1,629 19 3,698 3, 519 30 397 484 284 4,125 110 256 844 120 1,105 141 2,314 196 466 2, 313 999 60 1, 341 122 156 1, 257 482 11,579 17, 057 21, 215 49, 851 83 156 500 9, 080 2Q7 493 5, 571 8,378 352 499 941 188 1, 519 16, 760 573 961 989 661 5, 048 19 1.23 6.93 16.64 .26 32,735 109,963 5,234 2, 460 2, 544 3, 937 12, 013 127,625 7,529 10,118 12, 373 3, 944 149, 597 380 2, 975 28. 60 109,882 3, 597 664 156 el0.65 2. 80 49, 497 1,681 2, 656 b42.12 (c) 3. 80 15. 53 1. 94 12.19 23.20 .81 6.71 ' (d) /1 2 .4 2 644,168 a Census of 1891. &Includes quarrying. c Included in mining. dIncluded in building trades’ (stone, earthenware, glass, etc.). e Includes building trades (woodwork). /K elates to all industrial workingmen of Prance. It will be seen from these tables how largely the textile trades were responsible for the industrial disturbances of the year. One hundred and ninety-seven, or 41.4 per cent, of all strikes must be credited to this one industry. Next in importance was the group of metallic goods, fol lowed by the two groups of building trades. As regards the number of persons striking, the textile trade with 16,760 strikers was followed by mining with 8,378 strikers, agriculture, forestry, and fisheries with 5,571, metallic goods with 5,048, and the two building trades with 4,586. Probably the best test of the relative prevalence of strikes in the different branches of industry is that of the proportion of the total number of employees in each branch that took part in strikes. Accord ing to this showing the mining and quarrying industry appears to be the one in which the employees engaged to the largest extent in strikes, 42.12 out o f every 1,000 employees having taken part iu strikes during the year. Stonecutting, etc., comes next with 28.60 strikers per 1,000 employees, then textiles with 23.20, metallic goods with 16.64, and chemical products with 15.53. FOREIGN STATISTICAL PUBLICATIONS, 795 The information given in the two preceding tables is shown in the tables which follow according to the causes or objects for which strikes were undertaken, instead of by industries: STRIKES IN 1896, B Y CAUSES. [A considerable number of strikes were due to two or three causes, and the facts in such cases have been tabulated under each cause. Hence the totals for this table necessarily would not agree with those for the preceding tables.] Succeeded partly. Succeeded. Cause or object. Strikes. For increase of wages................. Against reduction of wages___ For reduction of hours of labor with present or increased w age s......................................... Relating to time and method of payment of wages, e tc ........... For or against modification of conditions of work................... Against piecework..................... For or against modification of shop rules........... ..................... For abolition or reduction of fines............................................. Against discharge of workmen, foremen, or directors, or for their reinstatement................. For discharge of workmen, foremen, or directors............. Against employment of women. For discharge of apprentices or limitation in number......... Relating to deduction from wages for the support of in surance and aid funds........... Other.............................................. Failed. Total. Estab Estab Estab Estab lish Strikes. lish Strikes. lish Strikes. lish ments. ments. ments. ments. 126 20 413 25 247 57 1, 705 121 132 21 878 44 1, 205 38 13 123 34 215 3 1 3 1 13 16 19 67 26 21 32 72 23 1 1 12 21 24 45 9 7 7 10 21 26 37 3 3 2 2 32 43 37 48 15 5 15 45 2 2 . 37 5 38 5 54 10 55 50 4 48 6 10 10 58 5 8 29 7 5 13 123 37 13 24 182 770 53 23 216 39 68 14 1, 076 57 17 15 195 6 54 6 10 4 10 4 11 9 3 3 30 726 STRIKERS A N D D A Y S OF W O R K LOST IN 1896, B Y CAUSES. [A considerable number of strikes were due to two or three causes, and the facts in such cases have been tabulated under each cause. Hence the totals for this table necessarily would not agree with those for the preceding tables.] Strikers in— Cause or object. For increase of wages.................................................. Against reduction of wages....................................... For reduction of hours of labor with present or increased wages.......................................................... Relating to time and method of payment of wages, etc................................................ .................... For or against modification of conditions of work. Against piecework........................................................ For or against modification of shop rules............... For abolition or reduction of fines............................ Against discharge of workmen, foremen, or direc tors, or for their reinstatement.............................. For discharge of workmen, foremen, or directors. Against employment of women........... .................... For discharge of apprentices or limitation in num ber.................................................................................. Relating to deduction from wages for the support of insurance and aid funds..................................... Other................................................................... ............. Success ful strikes. Partly success ful strikes. Strikes which failed. 4,081 3,029 11, 835 1,749 12, 425 1,124 Total Days of strikers. work lost. 28, 341 5, 902 453,415 45, 802 1, 290 379 2,812 4, 481 99, 004 2, 907 1,316 124 573 740 755 2,164 49 160 901 3, 381 2, 490 1,862 1, 213 2,129 7,043 5, 970 2, 035 1,946 3, 770 163,453 51, 268 71,542 28, 286 35,591 111 2,149 1,541 125 252 4, 602 5,128 86 4, 838 7, 529 1,627 842 439 1,044 864 1, 064 . 72, 863 52, 225 43,632 175 1,017 24,192 2, 344 908 3, 647 3, 016 114,762 49,103 796 BULLETIN OF THE DEPARTMENT OF LABOR. As in former years, the demand for higher wages or the refusal to accept a reduction of wages alone or in connection with some other cause was the provocation of the greatest number of strikes. This ques tion was responsible for 304 strikes, involving 34,243 strikers. The question of the employment or nonemployment of certain workingmen or superintendents came next. There seems to be a slight tendency. for this cause to increase in importance, since 91 strikes were entered upon on this account in 1896, as against 85 in 1895 and 78 in 1894. There were 44 strikes for reduction of hours of labor. For the most part they occurred in the building trades, where the twelve-hour day is tending to disappear. The two tables that follow are similar to ones given in the notice of strikes in 1895, and show the results of strikes according to their importance; that is, according to the number of strikers involved and the duration of the strikes: STRIKES A N D STRIKERS IN 1896, B Y D U R A TIO N OF STRIKES. Strikes. Days of duration. Strikers. Succeed Succeed Failed. ed. ed partly. 7 or under.......................... 8 to 1 5 ............................... 16 to 3 0 ............. ................. 31 to 100................. ............ 101 or over____ ______ Total. 82 23 8 4 75 30 10 7 • 149 45 21 21 1 306 98 39 32 1 7, 292 2, 976 1, 204 107 9,535 5, 035 1, 799 688 8, 344 3, 976 4,364 4,438 93 25,171 11,987 7, 367 5, 233 93 117 122 237 476 11, 579 17, 057 21, 215 49, 851 - T o ta l................. ^ ... Total. Succeed Succeed Failed. ed. ed partly. D U R ATIO N OF STRIKES IN 1896, B Y NU M BER OF STRIKERS IN V O L V E D . Days of duration. Strikes. Strikers involved. Suc ceeded. Suc ceeded partly. Failed. Total. 1 to 7. 8 to 15 16 to 30. 31 to 100. 25 or u n d e r ____________ 26 to 50.......................... 51 to 100............... ......... 101 to 200....................... 201 to 500 ................. 501 to 1 000................... 1,001 or over................. 38 25 24 20 6 3 1 29 26 27 24 13 1 2 103 61 26 27 12 5 3 170 112 77 71 31 9 6t 121 76 48 40 18 1 2 28 20 19 20 7 2 2 14 7 7 4 1 5 1 7 9 2 7 5 1 1 Total................... 117 122 237 476 306 98 39 32 101 or over. 1 *1 It will be seen from these two tables that but relatively few strikes were of great importance, whether measured by their duration or by the number of strikers involved. But 33 of the 476 strikes lasted a month or over, and but 72 over 15 days. There were 6 strikes, how ever, in which over 1,000 persons were involved. One of these lasted over a ‘month, 1 from 16 to 30 days, 2 from 8 to 15 days, and 2 less than 8 days. There were also 9 other strikes in which from 501 to 1,000 persons took part. It is impossible to trace any tendency for strikes to either succeed or fail according to whether they last for a longer or shorter time or involve few or a good many persons. FOREIGN STATISTICAL PUBLICATIONS. 797 During the year the conciliation or arbitration of labor disputes, as provided for by the law of December 27, 1892—the x>rovisions of which were given in Bulletin No. 5—was attempted in 104 cases, or 21.85 per cent of all labor disputes. This percentage in 1895 was 20.74. The initiative in demanding the application of the arbitration law was taken 57 times by the workingmen, 4 times by the employer, 4 times by the employer and employees jointly, and 39 times the justice of the peace intervened in virtue of his office. In 7 cases work was resumed with out waiting for the outcome of the demand for arbitration. Of the other 97 cases, the demand of one party for conciliation was refused in 44 cases, of which 41 were by the employers and 3 by the workingmen. As the result of these refusals the workingmen abandoned their de mands in 8 cases. A strike was declared or continued in the remaining 36 cases. The results of these strikes were 5 successes, 9 compromises, and 22 failures. In 53 cases the demand for conciliation or arbitration was acceded to, and 53 committees of conciliation were constituted. In 21 cases the difficulty was immediately adjusted, and one other case was finally settled by arbitration. In the remaining 31 cases attempts at arbitra tion were abortive. These strikes resulted in success for the workin gmen in 5 cases, partial success in 11 cases, and failure in 15 cases. O nderzoek naar de gescliiedenis en werTczaamheid der V akvereenigingen. Bijdragen tot de Statistiek van Nederland. IV. Uitgegeven door de Oentrale Oommissie voor de Statistiek. 1896. lxvi, 234 pp. This report on the history and operations of trade unions is one of a series of publications of the central committee on statistics, known as Contributions to the Statistics of the Netherlands. It includes only such labor organizations as are strictly trade unions or federations. The report consists mainly of a detailed account of each of the national and other federated trade unions, giving its history, object, operations, funds, contributions, etc., and a less comprehensive description in tabular form of each of the independent trade unions. There were in 1895 a total of 668 trade societies reported, of which 28 consisted of national and other larger unions and federations having local branches, and 640 were independent trade unions. Of the 668 trade societies, 13 were founded from 1811 to 1855, 7 from 1855 to 1865, 37 from 1865 to 3875, 23 from 1875 to 1885, 245 from 1885 to 1896. In the case of 343 societies this information could not be ascertained. The following table gives the names of the national unions and federations, the year of establishment, the number of local branches, the total mem bership, and the annual dues paid by members. Unions and federa tions from which the information could not be obtained are not included. A second table gives the number of independent trade unions. 1453—No. 13----- 8 798 BU LLETIN OF THE DEPARTM ENT OF LABOR. NATIONAL AND OTHER FEDERATED TRADE UNIONS. Tear es Local Members. Annual dues per member. tablished. branches. Names of trade unions. 1866 • 30 1,600 $1.05 Netherland International Cigar Makers and Tobacco Netherland Railway and Tramway Employees’ U nion... Antisocial Democratic Union of Netheriand Railway Employees__" .................................. ................... ..... ............... Netherland Diamond Wbrkers’ Union.................................. Netherland Confectioners Employees’ Union..................... Netherland Journeymen Bakers’ U nion............................. Netherland Journeymen Bakers’ Sick Fund.... .................. Netherland Stevedores’ Union................. ............................. Netherland Paper Hangers and Furnishers’ Union........... Weavers and Spinners’ Union.......................................... . Trade Unions of the Roman Catholic National Feder ation : Bakers and Confectioners’ Union................................... Woodworkers ’ Union......................................................... Lime and Stone Workers’ Union...................................... Tjfinthftr Workers’ Union............. ............... ...................... "Metal W orkers’ Union............... ............. ................... Painters’ Union . _____ _______ _________ Cigar Makers and Tobacco W^orkers’ Union............... Typographical Union......... ................. - .......... Trade" Unions of the Roman Catholic Federation of the Archbishopric of Utrecht: . Ua.et.ory Workers’ Union__ _______ _____________ __ Tobacco Workers’ Union....................................... ............ 1887 1871 1892 1886 1886 1889 . 27 12 25 14 6 32 600 2, 500 .21 (a) .14 3894 1895 1891 1894 1895 1893 1895 1895 18 10 3 14 19 1 2 c 3895 1894 1895 1894 1894 1894 3896 1894 6 9 5 3 8 380 500 170 63 296 5 150 1891 1895 6 5 164 1,260 (b) 7,500 $12. 54 to 22. 99 cl. 21 180 .10 931 1. 25 to 2. 09 200 .42 .42 .10 .04 .10 . 14 .21 .21 .21 .10 .10 a Two hours’ regular wages, besides $0.21 for the official organ and 1 cent per number of same, which appears every fortnight. b Twenty-five per cent of the contributions of donors. c For those in rural districts contributions are $0.96. IN D EPEN D EN T T R A D E UNIONS. Trade. Diamond workers...................................... Glass grinders........- ................ ........... Porcelain and earthenware workers... Stonecutters............................... . Bookbinders....................................... . Photographers................................... Lithographers........................ . . . . . ______ Printers................... ..................................... Paper hangers.................................... . Combined building trades...................... Fireproofers................. ........................... Excavators.................................................. Pile drivers.................... . . . . ............ . . . . Lime and stone workers...................... Painters................. ................ ................ . Painters and paper hangers............... . _ City laborers................. - ........................... Stucco workers....................................... Carpenters............................................ .. Carpenters and wagon makers............... Chemical works’ employees............. . Brush makers................... ......................... Woodworkers................................. . Coopers.................................................... .. Cork makers............... ........ _..................... Cabinetmakers.......................... ..... . . . . . . Mirror and frame makers.................... . Tailors .................................................... Painters and sculptors...... ............ ........... Leather workers........................................ Boot and shoe makers................................ Gold and silver smiths............... ............. Copper and tin sm ith s.... ...... ................ Lead and zinc workers.............................. Machinists and metal workers___ _____ Metal workers. .............................. ............. Organiza tions. 14 1 2 3 1 1 1 Trade. 1 1 Emery-wheel makers........... ...................... Blacksmiths and coppersmiths______ _ Pasteboard workers .................................. Carriage and wagon makers................ . Shipbuilders............. i .................. ............. Tool, instrument, etc., makers................. Cotton-goods workers.. . . . . . . . . . . . . . . . . Gas-works employees................................ Candle makers............................................. Oil-mill hands.............................................. Bread linkers____________ ____________ Bakers (sick fund)..................................... Bread and cake bakers and confectioners Cake bakers and confectioners............... Brewers................................................ Distillers ................................ ...................... Butchers................................ ..................... Tobacco workers and cigar m akers----Tree planters............................................... A gricnltnrists and gardeners ........... Fishermen...................................... ............. Grain handlers ............- ............................. Dairymen._____. . . ___................ ................ W ine and distillery hands Stevedores............................................... Ore handlers__ t ______ ________________ Office and shop employees......................... Omnibus drivers and conductors............ Seamen..................................... - .................. Railway employees .............................. ..... Turf haulers........................................ . Carriers and messengers....................... Office clerks . ................................... Various trades combined........... ........... 50 T o ta l.......................... _. _.................. 56 6 15 5 2 1 32 18 3 5 7 56 1 1 1 20 6 1 19 2 21 1 7 10 2 6 Organiza tions. ^ 1 1 1 1 4 1 19 1 2 1 31 19 4 6 1 2 g 54 1 9 3 1 2 1 4 1 2 1 6 48 •4 5 9 7 640 DECISIONS OF DOUBTS AFFECTING LABOR. [This subject:, begun in Bulletin No. 2, will be continued in successive issues, deal ing with the decisions as they occur. All material parts of the decisions are repro duced in the words of the courts, indicated when short by quotation marks, and when long by being printed solid. In order to save space, immaterial matter, needed simply by way of explanation, is given in the words of the editorial reviser.] DECISIONS UNDER STATUTORY LAW . C o n s t it u t io n a l it y o f P r o p o s e d S t a t u t e R e o u l a t in g - P a y of W a g e s — P o l ic e P o w e r of t h e S t a t e —In re House ment Bill Ho. 147, 48 Pacific Reporter, page 512 — Interrogatories were sub mitted by the senate of the State of Colorado to the supreme court of said State as to the constitutionality of House bill No. 147, regulating the payment of wages. Said court delivered its opinion March 30, 1897, and the following, quoted therefrom, sufficiently shows the nature of the bill and the opinion of the court, so far as it was expressed, upon its constitution ality : The bill submitted is entitled “ A bill for an act to abolish and pro hibit the use of scrip, and to regulate what is known as the ‘truck sys tem 7in the State of Colorado, and to provide penalties and forfeitures for the violation of this act.77 The first section makes it unlawful for any person, firm, company, or corporation to sell, give, or deliver, or in any maimer issue, directly or indirectly, to any person employed by him or it, in payment of wages due for labor, or as advances on the wages of labor not due, any scrip, token, draft, etc., payable or redeem able otherwise than in money, and provides that any violation of these provisions shall be punished by fine of not less than $25 nor more than $100, or by imprisonment, or by both such fine and imprisonment. By section 3 it is provided, inter alia, that “ Whoever shall sell goods or supplies of any kind, directly or indirectly, to his employees, or pay the wages of labor of his employees in goods or supplies of any kind, directly or through the intervention of scrip, order or other evidence of indebtedness, at higher prices than the reasonable or current market value in cash of such goods or supplies,77shall be liable to certain pun ishments and penalties designated in the act. The interrogatories pro pounded call for an examination and construction of eleven sections of the State and one section of the Federal Constitution, and present very important questions, upon which the decisions of the courts of last resort in this country are in irreconcilable conflict. Here the court states that it can not undertake to answer questions of such serious character, touching the constitutionality of pending legislation, before such legislation has at least passed the committee of the whole and assumed the shape in which it may be finally acted upon, and then continues its opinion as follows: W c may, however, with propriety say that, as at present advised, a majority of the court are of the opinion that the legislature may, in the 799 800 BULLETIN OF THE DEPARTMENT OF LABOR. exercise of the police power, enact laws of this character when neces sary to prevent oppression and fraud, and for the protection of classes of individuals against unconscionable dealings. As we said in .White v. Eeservoir Co., 22 Colo., 191, 43 Pac., 1028, while it is difficult to define the boundaries of the police power, it admittedly extends to the protec tion of the lives, health, and property of the citizens, and to the preser vation of good order and the public morals. W e may properly take cognizance of the fact that the most serious disturbances which have occurred in this country for the last twenty-five years have grown out of controversies between employer and employee. No one doubts the authority, or questions the duty of the State to interfere with such force as may be necessary to repress such disturbances and maintain the public peace and tranquillity; and as well may the State provide in advance against certain kinds of fraud and oppression which lead to these outbreaks. But we all concur in holding the present bill, in some respects, obnox ious to some of the constitutional provisions specified in the interroga tories submitted. For example, in so far as section 3 undertakes to regulate the price at which goods and merchandise shall be -sold to em ployees for cash, it is unwarranted and not germane to the title. Since this and other objectionable features may be eliminated, as above indi cated, we respectfully return herewith the interrogatories submitted. C o n s t it u t io n a l it y of St a t u t e — A n t it r u s t A ct of Texas— In re Grice, 79 Federal Reporter, page 627.—William Grice having been indicted for a violation of an act of the legislature of the State of Texas passed March 30, 1889 (chapter 117, acts of 1889), known as the anti trust act, and having been restrained of his liberty by the sheriff of McLennan County, Tex., by virtue of a capias issued out of the district court of the fifty-fourth judicial district of the State of Texas for over two years without trial, petitioned the United States circuit court for the northern district of Texas for a writ of habeas corpus. In said petition it was claimed, among other things, that the act above named was unconstitutional. The United States circuit court rendered its decision February 22, 1897, in which it sustained the claim of the petitioner as to the unconstitutionality of the statute and discharged him from the custody of the sheriff. The opinion was delivered by District Judge Swayne, and the follow ing, quoted from the syllabus of the same, shows the principal points of the decision: The provision in the Texas antitrust law of 1889 that persons out side the State may commit offenses under the statute, and be liable to indictment therefor, is null and void. It is not every restriction of competition or trade that is illegal or against public policy, or that will justify police regulation, but only such as are unreasonable or oppressive, and a State statute which pro hibits combinations formed for the purpose of reasonably restricting competition violates the rights of contract guaranteed by the Federal Constitution. DECISIONS OF COURTS AFFECTING LABOR. 801 A State statute, such as the Texas antitrust law of 1889, which makes it criminal for two persons to combine as partners, corporators, or otherwise, in the ordinary business of life, to increase or reduce the price of commodities, or fix the standard thereof, or for two persons to agree to limit or reduce the production of commodities, or for two per sons to combine for the purpose of limiting competition, or to make any agreement in relation to the price of an article, so as to preclude free and unrestricted competition between them, or themselves and others, or for two persons to create or carry out restrictions in trade, violates the fourteenth amendment to the Constitution of the United States, because it denies to citizens of the United States the right to make valid contracts with respect to their business and property. By “ equal protection of the laws,” as used in the fourteenth amend ment to the Constitution of the United States, is meant equal security under them to everyone under similar terms—In his life, liberty, prop erty, and in the pursuit of happiness. A State statute, prohibiting all combinations in restriction of compe tition or trade, which exempts from its provisions “ agricultural prod ucts or live stock while in the hands of the producer or raiser” (the Texas antitrust law of 1889) is class legislation, and violates that part” of the fourteenth amendment to the Constitution of the United States which declares that no State shall deny to any i)erson within its juris diction the equal protection of the laws. And the fact that the persons thus exempted are not in a position to combine does not remove the objection to the discrimination' in their favor. C o n s t it u t io n a l it y m ade of Sta tu te — Sale of F o r e ig n C o n v ic t - G o o d s — A r n o ld v. Y a n d ers , 4 7 N orth ea stern R e p o r te r , p a g e 5 0 .— Frank P. Yanders was arrested upon a warrant issued by a justice of the peace of Cuyahoga County, Ohio, based upon an affidavit charging him with unlawfully exposing for sale in said county certain convictmade goods, made and manufactured by convicts confined in the peni tentiary of the State of New York, without having first obtained from the Ohio secretary of state a license to sell such goods. Thereupon Yanders applied by petition to the court of common pleas for a writ of habeas corpus, on the ground that the statute of Ohio under which he had been arrested was in conflict with the Constitution of the United States. The writ of habeas corpus was issued, and upon a hearing of the case the statute was held unconstitutional and he was discharged. Upon appeal to the circuit court the judgment of the court of common pleas was sustained, and thereupon a petition in error was filed in the supreme court of Ohio, which rendered its decision May 11, 1897, and affirmed the decisions of the lower courts. The opinion of the supreme court was delivered by Chief Justice Burket, and reads as follows: The arrest was based upon the act of May 19, 1894 (91 Ohio Laws, 346), the first section of which is as follows: “ S e c t i o n 1. Be it enacted by the general assembly of the State of Ohio, that it shall be unlawful for any person, persons, or corporation to expose for sale within the State of Ohio, without first obtaining from 802 BULLETIN OF THE DEPARTMENT OF LABOR. the secretary of state a license to sell, any convict-made goods, mer chandise or wares, as hereinafter provided .77 By the subsequent sections of the act, a party desiring to deal in convict-made goods is required to obtain a license from the secretary of state, at a cost of $500 per annum, which must be posted up in his place of business, to give bond with two good sureties in the sum of $5,000 to make an annual report of his purchases and sales, stating prices of purchase, and giving names, residences, and street numbers of all pur chasers. But the act provides that it shall not affect products of the prisons of this State. The penalty for a violation of the act is a fine not exceeding $1,000 nor less than $5, or imprisonment not exceeding 1 year nor less than 10 days, or both fine and imprisonment, at the dis cretion of the court; one-half of the fine to go to the commissioner of labor statistics to aid in such prosecutions. It is urged by counsel for defendant in error that the act is in con flict with that part of section 8 o f article 1 of the Constitution of the United States which provides as follows: “ The Congress shall have power * _*' * to regulate commerce # * ■* among the several States. * * *77 Counsel for plaintiff in error claims that eonvict•made goods do not come within the meaning of “ commerce,77as. that word is used in the above section, and that the State has the right to protect its own citizens, laborers, and markets against an invasion of convict-made goods. This leads to an inquiry as to the meaning of the word “ commerce,77 as used in the Constitution of the United States. The proper construction to be placed upon the word as applied to dif ferent transactions has often been before the Supreme Court of the United States, which court alone has power to declare, finally, its legal meaning. In the case of Kidd v..Pearson; 128 U. S., 1, 9 Sup. Ct., 6, it is*said that the buying and selling, and the transportation incidental thereto, constitutes commerce. And in Mobile Co. v. Kimball, 102 U. S., 691, 702, commerce is defined as follows: “ Commerce with foreign countries and among the States, strictly considered, consists in inter course and traffic, including in these terms navigation, and the trans portation and transit of persons and property, as well as the purchase, sale, and exchange of commodities.77 It is not competent for a State legislature to declare that convictmade goods are not articles of traffic and commerce, and then to act upon such declaration, and discriminate against such goods, or exclude them from the State by unfriendly legislation. Whatever Congress, either by silence or by statute, recognizes as articles of traffic and com merce, must be so received and treated by the several States. There is no act of Congress declaring that convict-made goods are not fit for traffic and commerce, and it therefore follows that such goods are the •subject o f commerce, and, when transported from one State to another for sale or exchange, become articles of interstate commerce and enti tled to be protected as such; and any discrimination against such goods in the State where offered for sale is unconstitutional. That convictmade goods are articles of traffic and commerce, is not only shown by the failure of Congress to legislate on the subject, but is conceded by the act in question; because, after taking out and paying for his license, no restraint is laid upon the dealer, but he is left free to buy and sell as he pleases, only so that he reports his purchases and sales annually, to the end that the public may know who purchase and use such goods and, if need be, boycott them for. so doing. The act, therefore, by its terms, concedes that such goods are articles o f traffic and commerce. It is well settled that in legal effect the money paid for a license to sell goods is a tax upon such goods. As the act in DECISIONS OF COURTS AFFECTING LABOR. 803 question provides that it shall not affect products of the prisons of this State, the license fee of $500 is a tax or duty imposed by this act upon such goods when imported from another State, and is clearly a regula tion of commerce among the States, and an attempt to exercise a power which belongs to Congress alone. The act is therefore clearly uncon stitutional. The mere silence of Congress is not sufficient to authorize a State legislature to legislate upon a subject vested by the Constitution in Congress, but such silence is to be regarded as evincing the intention of Congress that the power shall remain where the Constitution has placed it. To give a State legislature power to legislate in such cases requires an act of Congress to that effect. The police power is reserved to the States, and they have the right to regulate internal trade so as to protect the health and public wel fare of the people, but this power can not be so extended as to encroach upon interstate commerce; and whether any particular act does so encroach or not is a question for the courts, and in the determination of that question the Supreme Court of the United States refuses to be bound by the opinion of the State legislatures or the State courts. 'If the act is, in its effect, an encroachment upon interstate commerce, though expressed to be a regulation under the State police power, the Federal courts hold it unconstitutional. - The act in question is not a police regulation, but an attempt to pre vent, or at least discourage, the importation of convict made goods from other States, and thereby protect our citizens, laborers, and mar kets against such goods. But, if we are in a condition to require such protection, the appeal for relief must be made to Congress, which body alone has the power to grant such relief. In holding the act in ques tion to be in conflict with the Constitution, we obey that instrument, and follow a long line o f decisions of the Supreme Court of the United States. Judgment affirmed. C o n s t it u t io n a l it y of S t a t u t e — S e r v ic e of P r o c e s s in S u it s S e r v ic e s a n d L a b o r — O’ C onnell v. M en om in ee B a y Shore L u m b er for Co., 71 N o r th w este rn R e p o r te r , p a g e 4 4 9 . —The action was commenced injustice’s court and taken on appeal to the circuit court of Dickinson County, Mich., by Patrick O’Connell, as plaintiff, against the Menomi nee Bay Shore Lumber Company, as defendant. There was a judgment for theplaintiff and the defendant brought the case on writ of error before the supreme court of the State, which rendered its decision May 28, 1897, and reversed the decision of the circuit court. In this case the constitutionality of section 7317 of Howell’s Annotated Statutes was questioned, and the supreme court decided adversely thereto. Said section reads in part as follows: Se c t io n 7317. * * # In all actions wherein the demand shall be principally for labor or services performed by any individual or company, or commenced in any court of competent jurisdiction in the county * # * wherein the labor or services were rendered or performed, or in which the plaintiff or plaintiffs reside, the process or declaration by which such action shall be commenced may be served in any county within this State adjoining the county wherein such action shall be com menced, against any individual, company, or the proper officer of any corporation in this State. # * * P r o v id e d , That the provisions of 804 BULLETIN OF THE DEPARTMENT OF LABOR. this act shall not be construed to apply to actions commenced before justices of the peace by any company or corporation. From the opinion of the supreme court, delivered by Judge Hooker, the following is quoted: Next it is said that this is class legislation. The obvious purpose of this statute is to afford special privileges to suitors upon specified classes of claims, by permitting a different and more effective use of the courts and their process than is permitted in other cases. It is true that it permits everyone (except as hereinafter shown) who may possess a claim that falls within the classes mentioned to avail himself of the privilege, but the design and practical effect is plainly to give to one class in the community special facilities for the collection of money which others do not enjoy. Under this act, one who has a claim for services rendered by an individual or company (but not corporation) may have the jurisdiction of a justice extended to half a dozen or more counties, while merchants, manufacturers, and others can not. A farmer or other person who sells a load of wood in an adjoining county cannot have the benefit of this act, though the man to whom he sells it may compel him to answer a claim for services away from home. It has always been the rule that an alleged debtor could not be com pelled to go away from his own county to defend a personal action under ordinary circumstances, and it is one of the unfortunate signs of the times that special advantages, especially to the extent of discrimi nation between the suitors of one and the same court, should be deemed necessary. It is true that anyone can have the benefit of this act (except as indicated) who chooses to perform service, or, perhaps, to purchase such a claim; and so, in a technical sense, it may be said to apply .to everyone, and therefore not to be class legislation. But whatever may be thought of this, the act itself excepts from its bene fits to a certain extent all companies, thus denying to firms or other associations, as well as to corporations, the privilege which is given to single suitors. It discriminates against the persons who unite in their labor or in purchasing such claims. It first gives the privileges to companies as well as individuals, and afterwards, by a proviso, limits its application to companies, by excluding the right in actions before justices, another indication that the design was to give to certain classes special privileges. Mr. Justice Morse indicated a doubt of the constitutionality of this act in the case of Antcliff v. June, 81 Mich., 492, 45 N. W ., 1019. We think it unconstitutional. The judgment is reversed. C o n s t r u c t i o n o f S t a t u t e — A l i e n C o n t r a c t L a b o r — United States v. Gay, 80 Federal Reporter, page 254.—This was an action brought in the United States circuit court for the district of Indiana to recover the penalty of $ 1,000, prescribed for the importation of aliens under contract to perform labor and services in this country, in vio lation of the acts of February 26,1885 (chapter 164, acts of 1884-85), and March 3, 1891 (chapter 551, acts of 1890-91). The defendant demurred to the declaration on the ground that it did not state facts sufficient to constitute a cause o f action. The United States circuit court rendered its decision April 30, 1897, and sustained the demurrer. DECISIONS OF COURTS AFFECTING LABOR. 805 In the course of the opinion of said court, which was delivered by District Judge Baker, it was said: The statute in question is highly penal, and must be so construed as to bring within its condemnation only those who are shown by the direct and positive averments of the declaration to be embraced within the terms of the law. It will not be so construed as to include cases which although within the letter are not within the spirit of the law. It must be construed in the light of the evil which it was intended to remedy, which, as is well known, was the importation of manual laborers, under contract previously entered into, at rates of wages with which our own laboring classes could not compete without compelling them to submit to conditions of life to which they were unaccustomed. (U. S. v. Laws, 163 U. S., 258, 16 Sup. Ct., 998; Church of Holy Trinity v . U. S., 143 U. S., 457, 12 Sup. Ct., 511; TJ. S. v. Craig, 28 Fed., 795.) It is settled by these and other cases that the statute must be construed as limited to cases where the assisted immigrant was brought into this country under a contract to perform “ manual labor or service.” The declaration does not state the character of the labor or service which the immigrant was under contract to perform, and hence fails to bring the case within the terms of the statute, as construed by the Supreme Court. The court can not indulge the presumption that the labor or service which the immigrant was under contract to perform was manual in the absence of such averment. The declaration does not set out the advertisements or otherwise state the terms of the con tract or agreement alleged to have been entered into. The pleader has contented himself with a mere statement of conclusions, without stating either the advertisements or contract in hsec verba, or even attempt ing to set- forth the substance of either. A t least, the substance of the advertisements and contracts should be set out to enable the court to determine whether they bring the defendant within the condemnation of the statute. There is no direct allegation that the immigrant named in the declaration actually came to this country, pursuant to the alleged contract, for the purpose of performing manual labor or service. Such an averment is essential. There is no statement of the acts done by the defendant to assist or procure the immigration into this country of the person named in the declaration. It is not averred that the defendant prepaid the expenses of his passage. It is averred that the defendant agreed to refund the passage money and cost of transportation from Scotland 4o the United States, but it fails to allege that the agreement to refund was made before the person alleged to have been assisted came to this country. The court is not at liberty to infer that the agreement to'refund was made before the immigrant came here. Indeed, it can only be gathered by inference that the alleged immigrant ever came to this country. The declaration is clearly insufficient, and the demurrer is sustained. Construction of Statute—Fellow -servant A ct Culpepper v . In te r n a tio n a l and G rea t N o r th er n B ;B. of Texas— C o., 4 0 S ou th w est ern B e p o rter, p a g e 3 8 6 .— This case was brought before the supreme court of Texas on writ of error from the court of civil appeals of the State/ 806 BULLETIN OF THE DEPARTMENT OF LABOR. The supreme court rendered its decision April 26, 1897r and the following, quoted frpm the opinion of said court, which was delivered by Chief Justice Gaines, shows the facts in the case and the reasons for the decision: This suit was brought by the plaintiff in error [Alice Culpepper] for the benefit of herself and her minor children against defendant in error [The International and Great Northern Railroad Company] to recover damages for injuries resulting in the death of J. J. Culpepper, her . husband and the father of her children. She recovered a judgment in^ the trial court, but upon appeal that judgment was reversed, and the cause remanded by the court of civil appeals. The latter court held that the trial judge should have instructed a verdict for the defendant. It was alleged in the petition for the writ of error that the decision of the court of civil appeals practically settled the case, and, such appear ing to be the fact, the writ was granted, and the cause is now before us for disposition. When the accident occurred which resulted in the death of Culpep per he was the engineer running a freight train of the defendant com pany, which was immediately followed by another train, known as the “ second section.” For the purpose of working on a hot box on the engine, he stopped it over a cattle guard *in a deep cut, near a curve in the track, and, while so working under the engine, the train was struck by the rear section, and injuries thereby inflicted which resulted in his death. The ground upon which a recovery was sought was that the conductor of the front train was negligent in not putting out a brakeman to signal the rear section. The collision occurred on the 5th day of November, 1892, while the act of March 10, 1891, in relation to fellowservants of railroad companies, was in force. That act was repealed by that of May 4,1893 (Laws 1893, p. 121), but the court of civil appeals correctly held, as we think^tliat the repeal did not affect the question o f liability in this case. They, however, held also that the evidence indisputably showed that under the rule established by the former statute the conductor and engineer were fellow-servants; and it was upon this ground that they determined that a verdict for the defendant should have been directed. In the latter ruling we think they were in error. So much of the act of 1891 as applies to the question under consid eration reads as follows: “ S e c t io n 1. That all persons engaged in the service of any railway corporation, foreign or domestic, doing business in this State, who are intrusted by such corporation with the authority o f superintendence, control, or command of other persons in the employ or service of such corporation, or with the authority to direct any other employee in the performance of any duty of such employee, are vice principals of such corporation, and not fellow-servants with such employee. “ S e c . 2. That all persons who are engaged in the common service of such railway corporations and who, while so engaged, are working together at the same time and place to a common purpose, of same grade, neither of such persons being intrusted by such corporations with any superintendence or control over their fellow-servants, are fellow-servants with.each other; Provided, That nothing herein con tained shall be so construed as to make employees of such corporation, in the service of such corporation, fellow-servants with such other of such corporation engaged in any other department or service of such DECISIONS OF COURTS AFFECTING LABOR. 807 corporation. Employees who do not come within the provisions of this section shall not be considered fellow servants.” The question shows that under the rules of the defendant company the conductor had general superintendence of the movements of the train and command of all the employees engaged in its operation; but it also tended to show that when the safety of the train became involved the engineer was no longer subject to the absolute control of the con ductor, but was empowered to act upon his own judgment. The con tention seems to be that whenever a risk became involved, and the engineer saw proper to stop his train in order to avoid it, for the reason that he was not then subject to the control of the conductor, they became fellow-servants, and so remained as long as that state of affairs continued to exist. But, as we have previously intimated, we are of the opinion that this position can not be maintained. Merely because, by reason of the engineer’s superior technical knowledge and skill in operating the machinery, it was not deemed advisable to empower the conductor to direct the action of the engineer in certain contingencies, it does not follow that the latter was not under the general superintend ence and control of the former. The exception emphasizes the rule. The first section of the act quoted, in defining who are to be deemed vice principals, uses the language, “ intrusted # # * with the superintendence, control, or command over other persons,” etc. The second, in declaring who are to be considered fellow-servants, excepts those who are “ intrusted * # # with any superintendence, control, and command,” etc.; and, in our opinion, makes it maniiest that the extent of the control is not to govern in determining the question. The mere- fact that upon the happening of some contingency the engineer may act independently of the conductor does not, for the occa sion, change the general relation of subordination existing between them. The conductor still has the general control, subject, for the time, to the engineer’s power to act upon his own judgment during the emergency. As soon as the danger is obviated, the power of the con ductor again comes into play. To hold that, because the conductor may temporarily be deprived of the power to control his subordinate, the rule of the statute is not to apply, would be, in our opinion, to con fine its operation within limits which the legislature did not intend to prescribe. We conclude that the court of civil appeals was in error in holding that the trial court erred in its charge to the jury upon the question whether or not the conductor and engineer were fellow-servants. C o n s t r u c t io n of S t a t u t e — F e l l o w -s e r v a n t A ct of Texas— P a tte r so n v, H o u s to n and T ex a s Central R , R , C o,, 4 0 S ou thw estern R e p o r te r , p a g e 4 4 2 , —Action was brought in the district court of Travis County, Tex., by John Patterson against the above-named railroad company to recover damages for personal injuries received by him while in the employ of said company. The evidence showed that Patterson, a brakeman, stepped out from between two cars which he had uncoupled and walked along a track, looking, in accordance with his duty, to see that the rear end of the train with which he was con nected was following the cars that he had uncoupled; that a switch engine came along and struck him on the back and hip, knocked him over, and ran over his foot, which had to be amputated, and that said 808 BULLETIN OF THE DEPARTMENT OF LABOR. accident was caused by the negligence of the employees running the switch engine in not notifying Patterson of its approach. A judgment was rendered by the district court in favor of the railroad company, and the plaintiff appealed the case to the court of civil appeals of the State, which rendered its decision February 17,1897, and reversed the judgment of the district court. The opinion of the court of civil appeals was delivered by Judge Key, and the following is quoted therefrom : Appellant brought this suit to recover damages for personal injuries caused by the alleged negligence of appellee’s employees in handling a switch engine in its yards in the city of Austin. Among other defenses, the railroad company interposed that of fellow-servant, and the court, trying the case without a jury, held that the plaintiff was not entitled to recover, because, if there was any negligence shown, it was that of a fellow-servant. This ruling is the only question presented for deci sion. Articles 4560/and 4560# of the Revised Statutes of 1895 (sections 1 and 2 of chapter 91, acts of 1893) prescribe who are and who are not. fellow-servants as among railway employees. Said articles were con strued by the supreme court in Railway Company v. Warner, 35 S. W., 364, where, among other things, it is said : “ The distinctive character istics prescribed by the statute as essential to be found concurring and common to two or more employees in order to constitute them fellowservants are: First. They must be ‘ engaged in the common service.’ As here used ‘ service’ means the thing or work being performed for the employer at the time of the accident, and out of which it grew, and ‘ common’ means that which pertains equally to the employees sought to be held fellow-servants; and therefore, ‘ common service’ means the particular thing or work being performed for the employer, at the time of the accident, and out of which it grew, jointly, by the employees sought to be held fellow-servants. The members of a crew running a train, though each be in the performance of different acts in reference thereto, are all ‘ engaged in the common service,’ for they are jointly performing the thing or work of managing the train for'the employer; but they would not be ‘ engaged in the common service’ with the mem bers of a crew running another train for the employer over the same^ road, for one crew would be jointly performing the thing or work of managing one train, while the other would be jointly performing the thing or work of managing the other train.” The burden of proof fin this case] was on the defendant to show that the plaintiff was a fellow-servant with the employees operating the • switch engine, and not on the plaintiff to show that he was not such fellow-servant; and we think the facts of this case fail to bring it within the first test prescribed in the Warner case. The evidence indicates that the train on which the plaintiff was a brakeman had been made up, and was about ready to leave the yard and start on its regular trip, and fails entirely to show that the switch engine by which the plaintiff was injured was at the time engaged in any service or performing any act in reference to the plaintiff’s train. Therefore the members o f the two crews were not shown to be engaged in a common Service, and hence w,ere not fellow-servants. The judgment is reversed, and the cause remanded. DECISIONS OF COURTS AFFECTING LABOR. E m p l o y e r s ’ L i a b i l i t y — C o n s t r u c t io n H and, of 809 S t a t u t e — M c K a y v. 47 N o rth ea stern R e p o r te r , page 104.—Action was brought in the superior court of Norfolk County, Mass., by John H. McKay against James B. Hand to recover damages for personal injuries received while he was in Hand’s employ. McKay, with others, was engaged in painting the outside of a house owned by Hand. Three men, including McKay, were employed by Hand, who furnished a load of ladders for the job. One of the men selected two ladders, and the three spliced the ladders together and then raised them against the house. McKay went up the ladders with a pot of paint in one hand and a paint brush in the other, when one of the ladders broke and he fell to the ground and was injured. A judgment was rendered for the defendant, Hand, and the plaintiff, McKay, brought the case on exceptions before the supreme judicial court of the State, which rendered a decision affirming the judgment of the lower court. One-point decided was that the ladders above referred to were not part of the defendant’s “ ways, works, or machinery” within the meaning of chapter 270 of the acts of 1887, the first section of which reads in part as follows: When, after the passage of this act, personal injury is caused to an employee, who is himself in the exercise of due care and diligence at the time, (1) by reason' of any defect in the condition of the ways, works, or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, or machinery were in proper condition, * # # the employee * * * shall have the same right of compensation and remedies against the employer as if the employee had not been an employee of nor in the service of the employer, nor engaged in its work. The opinion of the supreme judicial court was delivered by Chief Justice Field, and the following is quoted therefrom : It is unnecessary to determine whether a ladder sometimes may not be a part of the ways, works, or machinery within the meaning of St. 1887, c. 270, and its amendments. The splicing of the ladders and the placing of them in position were done by the plaintiff and his fellow-workmen, and the connection was a temporary structure, put up by the workmen out of materials selected by them from the ladders furnished by the defendant. W e think that the ladders so fastened together did not constitute a part of the ways, works, and machinery of the defendant. As the selection of the particular ladders, the method of fastening them together, and of placing them against the house, was the work of the plaintiff and his fellow-workmen, if they or any of them were negligent in any of these things the defendant is not liable for that at common law. The case resembles the common one where, so far as appears, the defendant furnished a supply of suitable materials, and the workmen put them together and used them, undone of the parts broke. From the description of the ladder which broke, it is difficult to see from the evidence that the defendant was negligent in keeping it among his lot of ladders and in permitting it to be used; and, if the sole negligence was that the ladders were fastened together and improperly placed against the house, that was the fault of the 810 BULLETIN OF THE DEPARTMENT OF LABOR. plaintiff and his fellow-workmen, and it was known to and appreciated by the plaintiff at the time. A ladder may be a sound, light ladder, of sufficient strength to be used by itself, but not suitable to be made the butt of two ladders fastened together. Exceptions overruled. E m p l o y e r s ’ L i a b i l i t y — NTe g l i g e n c e of M in o r E m ployees— 8. Higgms Carpet Co. v. O'Keefe, 79 Federal Reporterxp. 900.—This was an action at law brought by O’Keefe, by guardian, in the United States circuit court for the southern district of Kew York, against the E. S. Higgins Carpet Company, to recover damages for personal injuries. The evi dence showed that the plaintiff, a boy of 15, entered the service of the defendant, and, after working for several months in the room where a machine fun by steam, known as a “ wool picker,” was in constant use, was assigned to the duty of feeding the machine,* that said machine had cogwheels at the side, in plain view, not protected by any guards or covering, and that on the second or third day after he had been assigned to the machine his right hand was caught in the cogwheels and so severely crushed that amputation became necessary. The plaintiff testified that he was feeding the machine when he was injured, while the evidence for the defendant tended to show that he was cleaning the machine at that time, although he was aware that the rules o f the defendant prohibited him from cleaning it while it was in motion. Judgment was rendered for the plaintiff and the defendant brought the case on writ of error before the United States circuit court of appeals for the second circuit, which court rendered its decision April 8,1897, and reversed the judgment of the lower court. Among the several points decided the following, quoted from the opinion of the circuit court of apj>eals, which was delivered by Circuit Judge Wallace, appear to be the most important: Error is assigned of the refusal of the trial judge to instruct the jury to find a verdict for the defendant. We are of opinion that upon the facts the defendant was entitled to this instruction, and that there was no evidence to justify the leaving of the ease to the jury. The plaintiff, although a minor, was of sufficient age and experience to be fully aware that his hand would probably be crushed if it were caught between the cogwheels while the machine was in motion. He knew that the cogwheels were not guarded in any way* and testified that when he was assigned to feed the machine he was told by the fore man that he must look out for himself, and be careful. He entered upon and continued in his employment with full knowledge of the risks inci dent to feeding or working about the machine consequent upon the location and condition of the cogwheels and the absence of guards. I f he had been an adult, it is plain that he would have had no cause of action. W e think the circumstance that he was a, minor is of no impor tance. The rules which govern actions for negligence in the ease of children o f tender years do hot apply to minors who have attained years of discretion. A p p l ic a t io n of the New Y ork F actory A c t —F. DECISIONS OF COURTS AFFECTING LABOR. 811 If-the plaintiff was injured while cleaning the machine, he had no cause of action, because he was willfully violating the express instruc tions of his employer. If he was. injured while feeding the machine, and in the due course of his ordinary duties, he had no better cause of action, because the risk was obvious and he had accepted the hazard. If he was injured by reason of his own inadvertence or inattention, he had no better cause of action than he would have had if injured while he had been properly and carefully attending to his duties. The provisions of the statute known as the u Factory act” (chapter 398, Laws N. Y., 1890), requiring cogs to be properly guarded, have no application to the case, except as regards the question of the negligence of the defendant. As Construed by the highest courts of the State, the statute does not impose any liability upon an employer for injuries received by a minor in his service in consequence of the fault of the employee, or arising from the obvious risks of the service he has under taken to perform. In Graves v. Brewer (recently decided), 4 App. Div., 327, 38 2L Y. Supp., 566, the court held that the liability of the employer was not changed by reason of the factory act requiring cogwheels to be covered, because such protection could be waived and was waived by a person accepting employment upon the machine with the cogs in an unguarded condition, as the danger was apparent, and one of the obvious risks of the employment. For these reasons the judgment is reversed. E m p l o y e r s ’ L i a b i l i t y — R a i l r o a d C o m p a n ie s — C o n st r u c t io n OF S t a t u t e —Andrews v. Chicago, Milwaukee and St. Paul By. Co., 71 Northwestern Reporter, page 372.—This action was brought in the circuit court of Iowa County, Wis., under chapter 220, laws of 1893, by James Andrews, an employee of the above named railroad company, to recover damages for an injury sustained by him, while in the line of his duty, in consequence of the alleged negligence of the foreman of the day switching crew, one Roach, by reason of which the plaintiff’s left hand was crushed, and it became necessary to amputate his arm above the wrist. The complaint charged, as the cause of the injury, negligence on the part of the plaintiff’s fellow-servants, and in particular of Roach, for failing to follow the rules and custom governing switching in the yard, and that such negligence was the proximate cause of the plain tiff’s injury, and asserted that the plaintiff was free from contributory negligence. Judgment was rendered for the plaintiff, and the railroad company appealed the case to the supreme court of the State, which rendered its decision May 21,1897, and reversed the judgment of the lower court. Chapter 220, Laws of 1893, above referred to, in so far as it relates to this decision, reads as follows: Se c t io n 1. Every railroad or railway company operating any rail road or railway, the line of which shall be in whole or in part within this State, shall be liable for all damages sustained within this State by any employee of such company, without contributory negligence on his part; # # * and which injury shall have been caused by the 812 BULLETIN OF THE DEPARTMENT OF LABOR. carelessness or negligence of any other employee, officer, or agent of such company in the discharge of, or for failure to discharge, his duties as such. The defendant had asked that the following questions.be severally submitted to the .Jury as a part of the special verdict, but they were rejected, namely: (5) “ Ought a man of ordinary intelligence and pru dence, engaged in the business then followed by said Roach, to have .reasonably expected, under the attending circumstances, that such viola tions of said custom at the time and place in question would result in a bodily injury of some kind to the plaintiff ? ” (7) “ At the time 4he plaintiff* was injured had it, for a great many years, been the uniform custom of all helpers in switching crews in defendant’s yard at Madison, who have gone between cars to couple them, to come out again imme diately, if they failed to make the coupling the first time, and look for coming cars?” The opinion of the supreme court was delivered by Judge Pinney, and the following is quoted therefrom : The question presented by the special verdict is whether it is fairly and substantially found by it that the negligence of Roach, the fore man of the switching crew, imputable to the defendant, was the*proximate cause of the plaintiff’s injury. Unless this appears from the verdict no judgment could be given on it, and a new trial would become necessary. It is found “ that the plaintiff’s hand was crushed ' *' * * by reason of, and as the direct consequence of, the negligence of Roach;” that is to say, that the plaintiff’s injury was the natural consequence of the negligence of Roach, the foreman, and without the intervention of any independent agency or cause for which the defendant was not responsible. Was it necessary that it should also appear from the verdict not only that the plaintiff’s injury was the direct, but the proba ble, result, as well, of the defendant’s negligence? The real test of the defendant’s liability for the plaintiff’s injury is whether the negli gence of its foreman was the proximate cause of the accident. “ The negligence is not the proximate cause of the accident unless, under all the circumstances, the accident might have been reasonably fore seen by a man of ordinary intelligence and prudence. It is not enough to prove that the accident was the natural consequence of the negligence. It must also have been the probable consequence.” (Block v. Railway Co., 89 Wis., 378, 61 N. W., 1101.) This subject underwent a careful consideration in Atkinson v. Transportation Co., 60 Wis., 141, 150-155, 18 H. W., 764. It was there held “ that generally, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of the injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.” Here the court quotes to practically the same effect as the above from other cases, and then continues as follows: These remarks are strictly applicable to the present case, and show that the fifth question the defendant asked to have submitted to the jury was‘improperly refused. DECISIONS OF COURTS AFFECTING LABOR. 813 The evidence of six of the defendant’s witnesses was such as to properly require the defendant’s seventh question to be submitted to •the jury. It related entirely to the custom and duty of helpers, and had a material bearing upon the question whether the plaintiff, in the course he pursued in remaining between the cars, endeavoring a second time to couple them on turning the link when they were coming together again, was guilty of negligence which materially contributed to his injury. We think the defendant was entitled to an answer to this question, and that it was error to refuse to submit it. There is nothing in chapter 220, Laws 1893, which to our minds indi cates that it was intended to exclude from a case within its provisions all question as to the assumption of the risks or perils naturally and usually incident to the plaintiff’s employment as a railway operative. It was not the design of the act to make the railroad company an in surer against injuries thus received by the plaintiff. There is no ques tion in the case as to the assumption by the plaintiff' of any unusual or extraordinary risk. The contention that under chapter 220, Laws of 1893, contributory negligence on the part of the plaintiff was required to be pleaded as a defense, is not maintainable. The defense of contributory negligence arises out of the facts and circumstances of the alleged injury. Before the statute, it was not necessary that it should be pleaded. It was not within the plan or purpose of the statute to make any change in the law of pleading. The statute relates only to questions of liability. The defense of contributory negligence would be sustained to an action under this statute, had it been silent on the subject. The mere fact that the words uwithout contributory negligence on his part” are in the act, when the courts would have supplied them if omitted, can not operate either to change the rule of pleading or evidence. The judg ment of the circuit court is reversed, and the cause is remanded for further proceedings according to law. DECISIONS UNDEK COMMON LAW . Contract of E m p l o y m e n t — C o n s i d e r a t i o n — S tearns v. L a k e Shore and M ich ig a n Sou thern B y . G on 71 N o rth w estern R e p o r te r , p a g e 1 4 8 . —Action was brought in the circuit court of Lenawee County, Mich., by George C. Stearns against the above-named railway to recover damages for breach of contract of employment. A judgment was rendered for the plaintiff, and the defendant company brought the case on writ of error before the supreme court of the State, which ren dered its decision May 11, 1897, and affirmed the judgment of the lower court. The opinion of the supreme court was delivered by Judge Mont gomery, aud the following, quoted therefrom, shows the facts in the case and the principal points of the decision: The plaintiff brought this action to recover damages for the breach of a contract of employment. The declaration averred that, in the year 1872, plaintiff, while in the employ of the defendant, received serious personal injuries; that a claim was made against the defendant company; that in settlement of this claim the plaintiff [defendant?] paid him the sum of $175, and at the same time entered into an agree ment to employ him in the capacity of train baggage master on the 1453;—No. 13----- 9 814 BULLETIN OF THE DEPARTMENT OF LABOR. train, running between Jackson and Adrian, at a salary, of $47.50 per -month, during liis natural life or his ability to do the work ; that the defendant had, on the 1st of April, 1895, discharged plaintiff from • employment, and has ever since refused to employ him or to pay him. The case was tried before a jury, and a verdict rendered sustaining the plaintiff’s claim. Defendant moved for a new trial, which was refused, and has now brought the case here for review on error. It is insisted that the contract is not enforceable, because not mutual. The plaintiff* was not bound to work for any stated time for the defend ant. In a case where no consideration passed for the employment there might be force in this contention; but in this case, under the proofs, a valuable consideration was paid to the defendant for the conditional agreement which the defendant saw fit to enter into, leaving it optional with the plaintiff to continue in defendant’s employ, the engagement of the defendant resting, not upon the consideration of any promise by the plaintiff, but upon a consideration actually paid in hand at the time of the engagement, namely, the compromise of the disputed claim. In 1889 the plaintiff entered the Railway Mail Service, and at that time tendered his resignation to the defendant, which was accepted. A t the expiration of four months he applied for reemployment, and was again employed, and continued in the employment until his final discharge, 1895. The defendant insists that this had the effect to terminate the contract relied upon by plaintiff. This would undoubtedly be true were it not for the fact that the plaintiff testifies that, prior to entering the mail service, he had a talk with the division superintendent upon the understanding and agreement that, if he did not like the service, he should return right back to the same job he had, upon the same conditions that he quit, and that he would not have gone into the mail service had it not been for this reservation of rights accorded him by the company. It is contended by the defendant that the division superintendent had no power to make such a contract, but the answer to this is that he is the person with whom the plaintiff was required to deal, and that the engagement did not amount to the making of a new contract, but was, in effect, granting an indefinite leave of absence to the plaintiff, the plaintiff reserving his rights under the former contract. The judgment will be affirmed. Em ployers’ L ia b il it y — A mount R e c e iv e d on A c c id e n t P o l ic y Missouri, Kansas and Texas By. Go. v. Bams, 40 Southwestern Beporter, page 635.—Action was brought in the district court of Grayson County, Tex., by J. R. Rains against the above-named railway company to recover damages for injuries received while in its employ. A judgment wa£ rendered for the plaintiff, and the defendant company appealed the case to the court of civil appeals of the State, which rendered its decision May 12, 1897, and affirmed the decision of the lower court. But one point decided is of special interest, and the following, quoted from the opinion of the court of civil appeals, delivered by Chief Justice Fisher, shows the same: It appears from the facts that, as a result of his injuries, the plain tiff will receive on an accident policy the sum of $430. It is con tended by appellant that the court erred in refusing to instruct the not to be C o n s id e r e d in M it ig a t io n of D am ages— DECISIONS OF COURTS AFFECTING LABOR. 815 jury to tlie effect that they could consider this sum in mitigation of the damages which the plaintiff may be entitled to. There was no error in this ruling. The rule upon this subject, which is sustained by the weight of authority in this country and in England, is to the effect that a payment upon a policy of insurance can neither be considered as a defense or in mitigation of an action for damages against a wrongdoer, We find no error in the record. Judgment affirmed. E m ployers’ L i a b i l i t y — C u s t o m — C o n c u r r in g N e g l ig e n c e — Sincere v. U n ion C om press and W a reh ou se C o., 4 0 .S ou th w estern R e p o r te r , p a g e 3 2 6 . — Suit was brought in the district court of Harris County, Tex., by Nelson Sincere against the above named company to recover damages for personal injuries sustained by him while engaged, as the servant of the company, in assisting in unloading cotton bales from a car. Sincere alleged that, through the negligence of said company, a bale of cotton was thrown against him, whereby his foot was broken and he was severely and permanently injured. Judgment was rendered for the defendant company and the plaintiff, Sincere, brought the case on writ of error before the court of civil appeals of the State, which rendered its decision April 14, 1897, and reversed the judgment of the lower court. From the opinion of the court of civil appeals, delivered by Judge Neill, the following, showing the points decided, is quoted: There was no error in the court’s sustaining the special exception to that part of the plaintiff in error’s [Sincere’s] petition wherein he alleged “ that it was, and had been for a long time, the custom among the various compresses of Houston to have stationed at the side of the car being unloaded two men to catch the cotton as it rolled from the car, and thereby prevent any danger of the bales of cotton rolling on workmen who were employed in removing the cotton from the side of the car.” Negligence must be established by the facts in each particu lar case, and can not be shown by the failure of the party charged with its commission to observe a custom, unless the facts show that ordinary care and prudence required that to be performed which was alleged to be the custom. I f such care and prudence required the per formance of work in a certain manner, it is immaterial whether its mode of performance had become a custom or not; for in either event a party who has injured another by failing to exercise ordinary care and pru dence to secure his safety would be responsible. It is the duty of an employer to use ordinary precaution to reasonably secure the safety of his employees in the performance of his service, and if ordinary prudence would have required the defendant in error, in order to reasonably secure the safety of its hands engaged in unloading the cotton, to have two men stationed at the side of the car to prevent the bales of cotton from rolling on them, such duty should have been performed, whether it was customary or not. I f it was the custom, such custom might have been shown, in connection with other evidence as to what trans pired when plaintiff in error was injured, as a circumstance for the purpose of enabling the jury to determine whether defendant in error was at that time exercising such ordinary care as was reasonably necessary to secure the safety of its employees, 816 BULLETIN OF THE DEPARTMENT OF LABOR. It was error for the court to so instruct the jury as to make the plaintiff’s right to recover depend on the absence of contributory neg ligence of his fellow-servants, and to charge them that if any of his fellow-servants contributed wholly or partly to his injury, by negligence on their part* to find for defendant. The principle is universal that, where negligence of the principal and that of a fellow servant together produce injury, the principal is liable therefor; The fact of the con currence of the negligence of a fellow-servant with that of the master can not relieve the latter of the consequence of his wrongful act caus ing the injury. The servant assumes the risk of the negligence of his fellow-servant, but not that of the master. For the errors in the charge indicated, the judgment is reversed and the cause remanded. Em ployers’ L ia b il it y — R a il r o a d R i s k : b y E m p l o y e e s —Swanson v. C o m p a n ie s — A s s u m p t io n o f Great Northern By. Go., 70 Northwest ern Reporter, page 978.—Action was brought in the district court of Hennepin County, Minn., by Jacob Swanson against the above-named railroad company to recover damages for injuries received while in its employ. The evidence showed that plaintiff, a section hand, was put to work on a large hill from which defendant was removing gravel; that he was ordered up the slope of this hill to assist other workingmen in loosening the material, that it might fall down to the bottom of the pit, there to be loaded upon cars by a steam shovel, and that in some way from the sliding of the earth he was injured. The defendant com pany filed a demurrer to the complaint on the ground that the complaint failed to state a cause of action, and the district court issued an order overruling the demurrer. From said order the railroad company ap pealed to the supreme court of the State, which rendered its decision May 10, 1897, and reversed the order of the lower court. The opinion of the supreme court was delivered by Judge Collins, and contains the following language: It is the universal rule that, in performing the duties of his place, a servant is bound to take notice of the ordinary operation of familiar natural laws, and to govern himself accordingly. Failing to do so, he takes the consequences. He can not charge such consequences upon the master, when he can see that which is open and apparent to a person of ordinary intelligence. The progress of the work necessarily changed the character of the place and enhanced the danger, and under such conditions it has never been held that it is the absolute duty of the master to furnish the serv ant a safe place in which to work. Any man of ordinary capacity would know that, as a place to work in, the slope of a gravel pit is more or less dangerous, especially when the work is to loosen the material; that the laws of gravitation may operate, and precipitate such material to the bottom of the pit. The work of plaintiff and his associates was to release the gravel and earth, to cause it to break away and to slide or fall down; and they should, and undoubtedly did, realize that the sliding or falling was attended with danger to any person in the way. The only difference in the danger to be apprehended and guarded against between the falling of DECISIONS OF COURTS AFFECTING LABOR. 817 gravel or eartli from overhead because of an excavation, and its falling or sliding because released or loosened upon the face of a slope, is merely one of degree. The complaint failed to state a cause of action, and the demurrer should have been sustained. Order reversed. E m p l o y e r s ’ L ia b il it y — R R is k by a il r o a d E m p l o y e e s —R e l i e f A C o m p a n ie s — A s s o c ia t io n s s s u m p t io n —Chicago , of B u rlin g to n and Q u in cy R . R . Co. v. C u rtis , 71 N o rth w estern R e p o r te r , p a g e 4 2 .— Action was brought in the district court of Jefferson County, £7ebr.,by William H. Curtis against the above-named railroad company to recover damages for injuries received while in its employ. Judgment was ren dered for the railroad company, and the plaintiff, Curtis, brought the case on writ of error before the supreme court of the State, which ren dered its decision May 5, 1897, arid affirmed the judgment of the lower court. The evidence showed that the plaintiff, while attempting to couple two freight cars belonging to another railroad company, had his right hand crushed between the deadwoods and so bruised that ampu tation was necessary and was performed; that he was a member of the Burlington Voluntary Relief Department; that in joining said department he had signed a contract which contained the following language: UI also agree that, in consideration of the amounts paid and to be paid by said company for the maintenance of the relief depart ment, the acceptance of benefits from the said relief fund for injury or death shall operate as a release and satisfaction of all claims for dam ages against said company arising from such injury or death which would be made by me or my legal representatives ;” that after his injury the plaintiff applied for and received benefits, and that at various times the railroad company had contributed to the relief fund when it fell short of the amount necessary to satisfy claims. The plaintiff claimed negligence on the part of the company in the equipment of its cars, and that the contract he had signed in joining the relief department was of no effect and could not bind him. The opinion of the supreme court was delivered by Judge Harrison, and from the syllabus of the same, which was prepared by the court, the following is quoted : 1. It is one of the duties of a railroad company as a common carrier to receive, and transport over its line of road, cars of other companies, if the gauge of the road is suitable, and the cars are not defective or out of repair, or of such unusual and peculiar construction as to be unreasonably hazardous or dangerous to work w ither handle. 2. That a car belonging to a road other than the one on which a brakeman is employed is equipped with double deadwpods or buffers is a fact which is open, apparent, and obvious to any person attempt ing to couple the car; hence, any risk attendant on such coupling is of the hazards incident to the duty, and assumed by the employee; and this is true notwithstanding the cats in general use on the road 818 BULLETIN OF THE DEPARTMENT OF LABOR. on which the brakeman is employed are equipped differently, or with single dead woods. 4. The contract signed by an employee of the railroad company on becoming a member of what was known as the 64Burlington Voluntary Relief Department,” to the effect that if he should be injured, and receive moneys from the relief fund'of said relief department on account thereof, the acceptance of such moneys should operate as a release of such employee’s claim against saici railroad company for damages because of such injury, construed, and held (1) that such contract of an employee did not lack consideration to support it; (2) that the promise made by the employee to the relief department for the benefit of the railroad company was available to the latter as a cause of action or defense; (3) that such contract was not contrary to public policy; (4) that the effect of such contract was not to enable the railroad com pany to exonerate itself by contract from liability for the negligence of itself or servants; (5) that the employee did not waive his right of action against the railroad company in case he should be injured by its negli gence by the execution of the contract; ^6) that it is not the execution of the contract that estops the injured employee, but his acceptance of moneys from the relief department on account of his injury after his cause of action against the railroad on account thereof arises. E m p l o y e r s ’ L i a b il it y — R a il r o a d C o m p a n ie s — D uty of Mas — Texas and Pacific By. Go. v. Barrett, 17 Supreme Court Beporterr page 707.—Action was brought in the district court of Tarrant County, Tex., by one Barrett against the above-named railway company, to re cover damages for personal injuries sustained while he was in the employ of said company. Said case was removed, on the application of the railway company, to the United States circuit court for the northern district of Texas. Judgment was rendered for the plaintiff, Barrett, and the defendant company carried the ease on writ of error to the United States circuit court of appeals for the fifth circuit, by which court said judgment was affirmed. The defendant company then brought the case on writ of error before the United States Supreme Court, which rendered its decision April 19, 1897, and also affirmed the judgment of the circuit court. The opinion of the Supreme Court was delivered by Chief Justice Fuller, and the following, quoted therefrom, sufficiently shows the facts in the case and the reasons for the decision: On the trial there was^evidence tending to show that Barrett, while in the employment of the company as foreman in charge of a switch engine, and at work in the company’s yard, was injured by the explosion of another engine, with which he had nothing, and was not required to have anything, to do, and which had been placed by the foreman of the roundhouse on a track in the yard, with steam up, to take out a train; that the boiler of the locomotive, at the time it exploded, and for a con siderable time before that, was and had been in a weak and unsafe state, by reason of the condition of the stay bolts, many of which had been broken before the explosion, and some of them for a long time before; that there were well-known methods of testing the condition of stay ter DECISIONS OF COURTS AFFECTING LABOR. 819 bolts in a boiler engine; and that, if any of these tests bad been properly applied to this boiler within a reasonable time before the explosion, the true condition of the stay bolts would have been discovered. The circuit court instructed the jury, at defendant’s request, “ that the master is not the insurer of the safety of its engines, but is required to exercise only ordinary care to keep such engines in good repair, and, if he has used such ordinary care, he is not liable for any injury result ing to the servant from a defect therein not discoverable by such ordi nary care; that the mere fact that an injury is received by a servant inconsequence o f an explosion will not entitle him to a recovery, but he must, besides the fact o f the explosion, show that it resulted from the failure o f the master to exercise ordinary care, either in selecting such engine, or in keeping it in reasonably safe repair; and that a railway company is not required to adopt extraordinary tests for discovering defects in machinery, which are not approved, practicable, and custom ary, but that it fulfills its duty in this regard if it adopts such tests as are ordinarily in use by prudently conducted roads engaged in like business, and surrounded by like circumstances.” And thereupon further charged that a railway company is bound to use ordinary care to furnish safe machinery and appliances for the use of its employees, and the neglect of its agents in that regard is its neglect; that it is not bound to insure the absolute safety thereof, nor to supply the best and safest and newest of such mechanical appli ances, but is bound to use all reasonable care and prudence in provid ing machinery reasonably safe and suitable for use, and in keeping the same in repair; that “ by ordinary care is meant such as a prudent man would use under the same circumstances; it must be measured by the character and risks of such business; and where such persons, whose duty it is to repair the appliances of the business, know, or ought to know by the exercise of reasonable care, of the defects in the machinery, the company is responsible for their neglect;” that “ if the jury believe from the evidence,sunder the foregoing instructions, that the boiler which exploded and injured the plaintiff was defective, and unfit for use, and that defendant’s servants, whose duty it was to repair such machinery, knew, or by reasonable care might havefenown, of such defects in said machinery, then such neglect upon the part of its servants is imputable to the defendant, and if said boiler exploded by reason of said defects, and injured the plaintiff, the defendant would be responsible for the injuries inflicted upon plaintiff, if plain tiff in no way, by his own neglect, contributed to his injuries;” but that “ the burden of the proof is on the plaintiff throughout this case to show that the boiler and engine that exploded were improper appli ances to be used on its railroad by defendant; that, by reason of the particular defects pointed out and insisted on by plaintiff, the boiler exploded and injured plaintiff. The burden is also on plaintiff through out to show you the extent and character of his sufferings, and the damages he has suffered by reason thereof. You must also be satisfied that plaintiff was ignorant of the defects in the boiler that caused its explosion, if the evidence convinces you that such was the case; and that he did not by his negligence contribute to his own injury.” We think that these instructions laid down the applicable rules with sufficient accuracy and in substantial conformity with the views of this court as expressed in Hough v. liailway Co., 100 17. S., 218, etc. J udgment affirmed. 820 BULLETIN OF THE DEPARTMENT OF LABOR. G a r n is h m e n t — L i a b i l i t y Court w it h C onsent of of E m ployer for W ages P a id in t o E m p l o y e e — B a ltim o r e and Ohio Sou th w estern R . R . Go. v . M a n n in g , 4 5 N o rth ea stern R e p o r te r , p a g e 5 2 6 .— Suit was brought in the circuit court of Knox County, Ind., by Arthur Manning against the above-named railroad company to recover an amount alleged to be due him for services rendered, and for a penalty for its nonpayment as provided by sections 7056 and 7057 of Burns’s Bevised Statutes of 1894, making provisions for the payment of wages. A judgment was rendered for plaintiff, and the defendant company appealed the case to the appellate court of the State, which rendered its decision December 2,1896, and reversed the judgment of the circuit court. .The opinion of the appellate court was delivered by Judge Boss, and the following, quoted therefrom, sufficiently shows the facts in the case and the reasons for the decision: Under the specifications of error assigned, several questions are urged for our consideration, which we deem it unnecessary to examine or decide, in the view we take of the case as presented by the record. Whether or not the judgment rendered in the Kentucky court against the appel lant [the railroad company], as garnishee defendant, was regular, we need not determine, for it is apparent that the appellee [Manning] has no standing in court. It appears from the uncontradicted evidence that the appellee consented that the appellant should pay into the Kentucky court the amount of the claim and costs for which his wages in the appellant’s hands had been garnisheed, and he agreed that, upon such payment, he would accept from appellant the balance due him. The balance was tendered him, and he refused, and brought this action. We think, under these circumstances, he is estopped to question either the regularity o f the.proceedings of the Kentucky court, or whether appel lant was legally bound to pay the money into court. The money was paid in^p court with his knowledge and consent, and upon an agreement that, when so paid in, he would accept the balance due him from the appellant. The appellant has apparently acted in good faith, and it would be inequitable to permit the appellee to recover anything except the balance in appellant’s hands after the payment into the Kentucky court o f the claim and costs. The judgment of the court below is reversed, With instructions to sustain the appellant’s motion for a new trial. G overnm ent C o m p e n s a t io n Em ployees— B for T im e ig h t w h il e of P e r -D ie m under E m ployee to S u s p e n s i o n — M u r p h y v. U n ited S ta tes , 79 F e d e r a l R e p o r te r , p a g e 2 5 5 . —This case was brought before the United States circuit court of appeals for the ninth circuit on a writ of error from the United States circuit court for the northern district o f California. The decision of the court of appeals was rendered February 8, 1897, and its opinion, which was delivered by Circuit Judge Boss, shows the DECISIONS OF COURTS AFFECTING* LABOR. 821 facts in the case, the decision made, and the reasons therefor, and reads as follows: This was an action by the plaintiff in error [Murphy] as plaintiff* in the court below, under and by virtue of the act of Congress entitled “ An act to provide for the bringing of suits against the Government of the United States,” approved March 3, 1887 (24 Stat., 505). To the third amended petition the Governments demurrer was sustained, and, the plaintiff* declining to further amend, his petition was dismissed. The writ of error brings up for review the ruling of the court below in *the respect stated. The petition contains two counts: In the first, the plaintiff* alleged, in substance, that.on or about July 23, 1885, he was regularly appointed, by the commandant of the United States navy-yard at Mare Island, Cal., foreman mason of the yard and dock department thereof “ at the understood and agreed compensation of six dollars per day;” that under and by virtue of that appointment the plaintiff entered upon the performance of his duties as such fore man mason, and continued in the performance thereof to and including September 29, 1885, when he was, by the commandant, suspended from his position by reason of certain charges preferred against him by the civil engineer of the yard; that thereafter, on November 19, 1885, the Acting Secretary of the Navy appointed a board to investigate the charges, and ordered that it meet at the yard at Mare Island, November 30, 1885, for that purpose, and report to the Department at Washington all the facts deemed to be established by the evidence taken; that the board of investigation met in accordance with the order of the Secretary, and, after various sessions, at which witnesses were examined, made its report to the Department, recommending the dis missal of the plaintiff* from his position of foreman mason. “ But,” proceeded the petition, “ said recommendation was never carried into effect, and said plaintiff has never been discharged from his said posi tion, but has been, and still is, deprived from fulfilling the duties thereof.” It will be thus seen that the petition itself showed that at no time after September 29, 1885, did the plaintiff render any service to the United States as foreman mason of the Mare Island Navy-Yard. The allegation, also contained in the petition, that he has, ever since his sus pension, held himself in readiness to perform the duties of the position, is of no force or effect, so far as concerns the first count of his petition, by which he seeks to recover “ compensation as such foreman mason” from October 1,1885, to the time of the bringing of the suit, September 28,1891. As he never rendered the defendant any service during that period, it is plain that he is not entitled to any compensation. Com pensation for such services only follows services rendered. Such, too, is the declaration of the statute applicable to and controlling such posi tions as foreman mason of a navy-yard. Section 1545 of the Revised Statutes reads: “ Salaries shall not be paid to any of the employees of the navy-yards except those who are designated in the estimates. All other persons shall receive a per-diem compensation for the time during which they may be actually employed.” The plaintiff not being an offi cer or a salaried employee, but, as shown by the petition itself, a person engaged at a per-diem compensation, he was, under the express provision of the second clause of the section of the statute quoted, entitled to such compensation for the time during which he was actually employed, but to that only. 822 BULLETIN OF THE DEPARTMENT OF LABOR. Moreover, his suspension by the commandant of the navy-yard was, as was held by the court below, in effect his discharge from the employ ment in which he was engaged. It is not pretended that he was employed for any definite time, but, on the contrary, according to the express allegations of the petition, he was engaged at the agreed com pensation of $6 per diem, which was, in legal effect, an employment by the day. The fact that subsequent to Ins suspension the Secre tary of the Navy appointed a board to investigate and report upon the charges against him was no recognition of his status as a then em ployee of the Government, and certainly could not operate to confi r upon him the right to compensation for the time during which he was not actually employed. The second count of the petition embodied the averments already considered, and therefore also showed that the plaintiff was, in effect, discharged from his employment as foreman mason o f the navy-yard in question September 29,1885. That being so, the further allegation contained in the second count that the plaintiff*, “ while such foreman mason as aforesaid, and while acting under the orders of the Acting. Secretary o f the Navy of the United States, was ordered by said A ct ing Secretary of the Navy to, and did, travel from the city of Wash ington, D. 0., to the said Mare Island Navy-Yard, in California, for the purpose of being in attendance upon said so-called <board of investi gation,’ and that he was thereby compelled to, and did, expend in obeying said order the sum of $240 as traveling expenses,” is ineffectual to create a valid demand for such expenses against the Government. As the specific allegations embodied in the second as well as in the first count of the petition showed that the plaintiff was suspended, and, in effect, discharged from his position, the allegation last quoted is far from showing that there was any order of the Secretary to the plaintiff in his capacity of employee of the Government, or that the plaintiff was then under any obligation to obey any order, or that he expended any money in the service of the United States. The judgment is affirmed. I ssu e Sam e of w hen N ontransfer a ble P resented by P P ay a r t ie s Ch eck s— R efu sal .o th e r than to Cash E m ployees— a m a g e s —Robison v. Texas Pine Land Association, 40 Southwestern Reporter, page 843.—Action was brought by James Robison against the above-named association in the district court of Hardin County, Tex* The suit was for damages growing out of the conduct of the defendant in issuing checks at its store in Silsbee, Hardin County. The evidence showed that the Texas Pine Land Association opened its store in 1894, and was engaged in cutting and shipping logs to sawmills at Beaumont, and issued said checks in payment of wages to its employees, who then took the same to the store and purchased such goods as were needed; that the words ’“ Not transferable” were upon each check, yet the employees of said association bought country produce of the people and paid for the same in checks, and that these people, who were not employees of the association, and never had been, bought goods of the association at its store and paid, for them in checks; that the associa tion knew of this trade in its checks and did not object thereto until D DECISIONS OF COURTS AFFECTING LABOR. 823 the plaintiff liad a great many of tliem, and then refused to take the cheeks from him in payment of goods and refused to take checks from persons who had bought or traded for same with plaintiff; that said association stated to its employees that it would discharge each and every one of them from its service in case they should buy goods, liquors, etc., from, or trade in any maimer with, the plaintiff, and that it also stated to ite clerks and other employees that it would not take up any checks and receive the same in payment of its goods, wares, and merchandise from any person whomsoever, when and wliere said checks had passed through the hands of Eobison, the plaintiff. Judgment was rendered for the defendant association and the plaintiff appealed the case to the court of civil appeals of Texas, which rendered its decision May 12, 1897, and sustained the judgment of the district court. The opinion of said court was rendered by Chief Justice James, and from the same the following is quoted: According to plaintiff’s allegations, competition in trade existed between plaintiff and defendant, and it was legitimate for defendant to appropriate to itself all the customers it could command, even to the extent of driving plaintiff out of business, provided the means used for that purpose did not contravene any law, or violate a definite legal l ight of the plaintiff. The latter had no legal right to protection against competition. He had no superior right to the trade of defendant’s employees, or that of other persons. The statute in reference to con spiracies against trade does not apply to the case, where there is no combination, and when the acts complained of as affecting competition are the acts of defendant alone. I f the defendant could so control its employees as to prevent their dealing with plaintiff, or so control their wages as to divert them from the channels of plaintiff’s business in favor of its own, we know of no rule making it actionable. Had the defendant no proper interest of its own to subserve in so doing, but had acted wantonly in causing loss to plaintiff, the rule would be different. The fact that defendant’s purpose, by its acts, was to break plaintiff up in business would not give the cause of action, for that is the natural result of successful competition. Defendant might at any time have stopped the issuing of checks, and plaintiff could not have complained. It had a right, if the employees were satisfied to work on such terms, to pay the latter directly in goods, and he could not complain, or in checks redeemable in goods only by them and certain other persons. It could not be required to treat the checks as money in the hands of other persons, which is practically a contention of plaintiff. If they could stop the system altogether without giving a right of action in tort, it would follow that they could place restrictions on the use of checks without incurring such liability. This is not a suit to recover the value of checks taken by appellant, but one in which he seeks to recover in tort for the invasion of a right, when he fails to show the existence of any right. A system whereby such checks would be honored in the hands of anyone except plaintiff was calculated to insure trade at defendant’s store, and diminish that of its rival; and, as plaintiff has no definite right to the public trade, he has no legal right to complain that defendant absorbed it by the manner of man aging its business, and its relation with its employees. The judgment is affirmed. ,8 2 4 BULLETIN OF THE DEPARTMENT OF LABOR. M aster and S e r v a n t — R i s k s o f E m p l o y m e n t —Larsson v. McClure, 70 Northwestern Reporter, page 662.—Action was brought by Lewis Larsson against William C. McClure, surviving partner of the firm of Mitchell & McClure, in the circuit court of Douglas County, Wis., to recover damages for a personal injury sustained by him while working as a common laborer in a gravel pit for said firm. The evi dence showed that there was frost in the ground and that they had to blast the bank so as to get the crust off and take the bank down in order to get the sand and gravel; that after a number of blasts had been set off the plaintiff was at work shoveling, about 6 or 8 feet from the edge of the frozen crust, when the bank fell down and struck him on the left leg, so that he fell over and received the injuries complained of. A judgment was rendered for the plaintiff in the circuit court and the defendant appealed the case to the supreme court of the State, which court rendered its decision March 16, 1897, and reversed the judgment of the circuit court. The opinion of the supreme court was delivered by Judge Pinney, and from the same the following is quoted: The plaintiff, in entering upon the employment in which he was engaged when injured, assumed all risk or danger of injury ordinarily and fairly incident to such service. When the danger is alike open to the observation of all, both the master and the servant are upon an equality, and the master is not liable for an injury resulting from the dangers incident to the employment. The plaintiff was familiar with the kind of work he was required to perform, and had had considerable experience in working in gravel pits, and had worked on railroads. He knew that blasting was being resorted to to break down the frozen bank, and to get at the sand and gravel where he worked; and five or six blasts for that purpose had been set off on the day in question, and before he was injured. He had wit nessed and understood the effect they produced in shattering the bank in front of which he was working, and which was not more than 100 feet in length, rendering it insecure, and liable to fall down as excava tion proceeded at the bottom. The situation itself suggested to him the dangers incident to the service, and the necessity of proper caution for his own protection, He chose, notwithstanding, to continue work under the circumstances, instead of declining the service, and it is entirely well settled that he must be held to have assumed the risk or danger, so far as it was open for his observation. He testified that after the last blast had been set off where he had been set to work, “ I did not see any cracks in the bank; I did not look to-see.” He was bound to-take ordinary care to observe whether any, and what, dangers were incident to his service. ' “ Where the defect or danger is open or obvious, the knowledge of it, on his part, will be presumed or imputed to the servant, as a matter of law ; and an adult servant is presumed to possess ordinary intelligence, judgment, and discretion to appreciate such danger, so as to regulate his conduct, and avoid it; and, if he continues in the service, and suffers injury from such danger, he has no right of recovery against the master.” (Luebke v. Machine Works, 88 Wis., 448, 60 N. W., 711.) The present case does not seem to fall witbin the rule that the mas ter must furnish the servant a reasonably safe place in which to work, DECISIONS OF COURTS AFFECTING LABOR. 825 inasmuch as the plaintiff and his fellow-servants practically created the place and its attendant perils from hour to hour, in the prosecution of their labors; and the condition was constantly shifting by reason of their own acts, of which, as well as their probable consequences, they must be held to have had notice. The negligence, if any, in this view of the case, would be that of the plaintiff and his fellow-servants, and the risk of it must be regarded as assumed by the plaintiff as incident to his employment; and, in any view that may be taken of the case, it must be regarded as a risk assumed by the plaintiff, as incident to his employment. W e think, from the undisputed evidence, that the plaintiff must be held to have assumed the risk of the injury of which he complains, and that the circuit court erred in refusing the motion for a nonsuit, and afterward in refusing to direct a verdict for the defendant. The judg ment of the circuit court is reversed and the cause is remanded for a new trial. LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE JANUARY 1, 1896. KANSAS. ACTS OF 1897: Chapter 120. — P r o te c tio n o f e m p lo y e e s a s m em b ers o f la b o r u n io n s . Section 1. It shall he unlawful for any person, company, or corporation, or the agent, officer, manager, superintendent, master mechanic, or foreman of any person, company, or corporation, to prevent employees from joining and belonging to any labor organization, and any such person, company, or corporation, or any agent, manager, superintendent, master mechanic, or other officer of any person, company, or corporation that cderces or attempts to coerce employees b y discharging or threat ening to discharge said employees because of their connection with such labor organi zation, shall be deemed, guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than fifty dollars nor more than five hundred dollars. S ec . 2. Any person, company, or corporation doing any of the acts prohibited by section one of this act, shall be liable to the person injured, in exemplary or puni tive damages not to exceed two thousand dollars, to be recovered by civil action, and in addition thereto a reasonable attorney fee to be recovered in said civil action for damages. Se c . 3. This act shall take effect and be in force from and after its publication in the statute book. .Approved February 18, 1897. C h a p t e r 129,— P r o te c tio n o f e m p lo y e e s a s v o ters. S ection 24. Any person entitled to vote at a general election in this State, shall, on the day of such election, be entitled to absent himself from any service or employ ment in which he is then engaged or employed for a period of two hours, between the time of opening and closing the polls, and such voter shall not, because o f so absenting himself, bo liable to any penalty, nor shall deduction be made on account of such absence, from his usual salary or wages: P r o v i d e d , h o w e v e r , That application for such leave o f absence shall be made prior to the day of election. The employer may specify the hours during which said employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the pri vilege hereby con ferred, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privileges, or who shall, in any manner, attempt to influence or control such v(fter as to how ho shall vote, by offering any reward, or by threaten ing his discharge from employment, or otherwise intimidating him from a full and free exercise of his right to vote, or shall, directly or indirectly, violate the provis ions of this section, shall be deemed guilty of a misdemeanor and bo fined in any sum not less than fifty dollars or more than one hundred dollars. Approved March 13, 1897. Ch a p t e r 144.—B la c k lis tin g . S e c t io n 1. Any employer of labor in this State, after having discharged any person from his service, shall not prevent or attempt to prevent by word, sign or writing of any kind whatsoever, any such discharged employee from obtaining em ployment from any other person, company or corporation except by furnishing, in writing, on request, the cause of such discharge. Se c . 2. Any employer of labor in this State shall, upon the request of a discharged employee, furnish, in writing, the true cause or reason for such discharge. Se c . 3. Any employer o f labor, his agent or employee who shall violate the provi sions of this act shall be guilty of a misdemeanor and shall, upon conviction, be fined for each offense the sum of one hundred dollars and thirty days7 imprisonment in the county j ail. 826 LABOR LAWS---- KANSAS---- ACTS OF 1897. 827 Se c . 4. Any person, firm, or corporation, found guilty of tlie violation of sections one and two of this act, shall he liable to the party injured to an amount equal to three times the sum he may be injured, and such employers of labor shall also be liable for a reasonable attorney fee which shall be taxed as part of the costs in the case. S e c . 5. This act to be in full force and effect from and after its publication in the statute book. Approved March 12, 1897. C h a p t e r 145.— P a y m e n t o f w a g es, e tc. Se c t io n 1. It shall be unlawful for any person, firm, company, corporation, or trust, or the agent, or the business manager of any such person, firm, company, cor poration or trust to sell, give, deliver, or in any way directly or indirectly to any person employed by him or it, in payment of wages due or to become due, any scrip, token, check, draft, order, credit on any book of account or other evidence of indebt edness, payable to bearer or his assignee, otherwise than at the date of issue, but such wages shall be paid only in lawful money of the United States, or by check or draft drawn upon some bank in which any person, firm, company, corporation, or trust, or the agent, or the business manager of any such person, firm, company, cor poration, or trust, has money upon deposit to cash the same. Sec . 2. All contracts to pay or accept wages in any other than lawful money, or by check or draft, as specified in section one, of this act, and any private agreement or secret understanding that wages shall be or may be paid, in other than lawful money, or by such check or draft, shall be void, and the procurement of such private agreement or secret understanding, shall be unlawful and construed as coercion on the part of the employer. S e c . 3. If any person shall violate any of the provisions of either section one or two of this act, or shall compel, or in any manner attempt to compel, or coerce any employee of any corporation, or trust to purchase goods, or supplies, from any par ticular person, firm, corporation, company or trust or at any particular store or place, he shall be guilty of a misdemeanor, and upon conviction thereof, shall bo fined not less than one hundred dollars nor more than five hundred dollars, or bo imprisoned in the county jail not less than thirty or more than ninety days, or by both such fine and imprisonment for each violation. Sec . 4. This act shall apply only to corporations or trusts or their agents, lessees, or business managers, that employ ten or more persons. S ec . 5. The county attorney of any county upon complaint made to him shall proceed to prosecute the violators of this act as prescribed in other cases of misde meanor. Se c . 6. Sections 2441, 2442 and 2443 of the General Statutes of Kansas, of 1889, and all acts and parts of acts in conflict with the provisions of this act are hereby repealed. S e c . 7. This act shall take effect and be in force from and after its publication in the official State paper. Approved March 2, 1897. Published in official State paper March 12,1897. Ch a p t e r 159. — M in e r e g u la tio n s a n d in s p e c tio n . Se c t io n 1. It shall be unlawful for any mine owner, agent, lessee or operator of any coal mine, or any other underground workings, where any kind of material is mined or excavated, in either shaft mine, slope mine, or drift mine, by system of room and pillar, to mine or cause to be mined by any employee therein, in any of said mines, any minerals mined by bushel, ton, or other rates, to excavate coal or other minerals, in an advance space of forty feet, unless break-throughs are made, ranging in distance as follows: Forty feet shall constitute the distance between break throughs, which shall be made through the pillar which divides either rooms, air courses or entries, where any of said rooms, air courses, or entries are in operation, and in no case shall the distance exceed the aforesaid distance, namely, forty feet, irrespective of thickness or distance of the pillar or pillars which divides such rooms, air courses or entries. Se c . 2. Said break-throughs shall be at least six feet wide and the full height of coal strata, or other minerals mined which does not exceed six feet in height, and in no case shall the air courses have less than twenty-one feet of an area, where mines are operated on room-and-pillar system. And the compensation for making such break-throughs shall be regulated by or between the employer and employee and any room, air course or entry, or any other working places where miners or others are employed, shall cease operations at the working faces until said break-throughs are perfected as herein specified, iji section one, of this act. And said break 828 BULLETIN OP THE DEPARTMENT OP LABOR. throughs shall be filled with either slate, rock, or closed by brattice, to make the same air-tight, as soon as the second or succeeding break-throughs are made. And in any case any of such break-throughs are partly opened or torn down, by the con cussion of shots, or blasts, or by premature explosion, or otherwise, the foreman, or superintendent, or agent in each of any of the said mines, shall immediately cause any of such break-throughs to be properly closed and made air-tight, as soon as noti fied by any employee. Sec. 3. Every mine owner, agent, lessee or operator of coal mines of underground workings of the character mentioned in section one of this act, shall provide and hereafter maintain for every mine, ample means of ventilation, affording not less than one hundred cubic feet of air in every such mine, per man, per minute. Said volume of air shall be directed or circulated where any person or persons may be working in any of said mines. Se c . 4. The inspector of mines shall cause the volume of air to be increased when necessary to such an extent as will dilute, carry off, and render harmless, the noxious gases generated therein. And mines generating fire-damp shall be kept free of stand ing gas, and every working place shall be carefully examined every morning with a safety lamp by an examiner, or fire-boss, before miners or other employees enter their respective working places. Said examiner or fire-boss shall register the day of the month at the place of the workings, and also on top in a book which shall be kept in the weighmaster’s office for such special purpose, and as proof of inspection, he shall daily record all places examined, in said book, and in case of danger when fire damp may have accumulated during the absence of any person or persons, employed therein, said examiner or fire-boss, must notify the miners or those employed therein, or those who may have occasion to enter such places. And the hydrogen or fire damp generated therein must be diluted and rendered harmless before any person or persons enter such working, or abandoned part of the mine with a naked light. S e c . 5. It shall be the duty of the owner, lessee or operator, of any mine where the natural strata is not Safe, in or around all workings, pumping, and escaping shafts, to securely case line, or otherwise make said places secure, and all escapement shafts shall be provided with stairways securely fastened, so as to bear the combined weight of not less than fifteen men, ascending or descending the same. Said stair ways shall be so constructed as not to exceed forty-five degrees of elevation, by each section of said stair, and each section shall have substantial guard rails securely fastened, and the stairways shall be separately partitioned from the parts of such shafts used as upcasts or downcasts, and the traveling ways between the bottom of the main shaft, and the escaping shaft, or stairways shall be at least five feet in height. Said traveling ways shall be kept clear of all obstructions, and standing or stagnant water shall not be allowed to accumulate in any traveling way between the upcast and downcast shafts. And in case of mine shafts which are over one hundred and fifty feet in depth, where stairways can not be conveniently constructed, other safe means of hoisting the persons employed in any such mine must be kept ready at all times, so as to be available in case of accident to the regular hoisting shaft, or machinery in use at the same. Se c . 6. It shall be the duty of the foreman, eager, or whosoever may have charge of the bottom of any shaft, to give the proper signal to the top man and engineer, whenever any six employees who work therein are ready to ascend, by day or night, and for the making of such ascent it shall be the duty of the bottom eager to give them an empty cage by which they can ascend. And every road on which persons travel underground when the coal is drawn by mules, or other power, shall be pro vided at intervals of not more than thirty feet with sufficient manholes for places of refuge. Se c . 7. It shall be the duty of the owner, lessee or operator of every mine to pro vide and maintain airways of sufficient dimensions, and in no case shall the area of the air course be less than twenty-one feet in mines operated on room-and-pillar system. Se c . 8. Standing or stagnant water shall not be allowed to remain in air courses, entries, traveling ways, or rooms. Obstructions of any kind must not be placed in cross-cuts, rooms or entries used as airways. And in case of a fall of a roof, or where the sides of such airways cave in, it shall be the duty of the mine boss or agent in any such mines to cause such falls or obstruction to be removed immediately and the roof and sides made secure. Se c . 9. All main airways in any of the underground workings in the State of Kansas, shall be examined at least twice a week by the mine boss or agent, or some other competent person so directed by said mine boss or agent, and a report of such inspection shall be forwarded to the office of the State inspector of mines at least once a month. S e c . 10. It shall be the duty of the mine boss or agent; in charge of any mine where coal dust or any other inflammable ingredients may accumulate, to cause the same to be properly sprinkled or saturated once a day, and oftener if necessary, in either air courses, entries, rooms, or cross-cuts. LABOR LAWS---- KANSAS---- ACTS OF 1897. 829 Se c . 11. No employee or ofcher person in mines is allowed to leave trap-doors or air-gates open any longer than while passing through said gates or doors. And any person who accidentally or otherwise tears down any brattice cloth must immediately notify the mine boss or the individual having supervision of the air in such mine, and the same must be replaced as soon as notice thereof is given to the mine boss or person in charge of the air. S e c . 12. In order to facilitate the inspector of mines in his duties, it shall be the duty of all coal operators and coal companies or lessees or other persons engaged in mining or producing coal, to make a quarterly statement to the mine inspector, of the amount of all coal mined, the number of miners employed, number of day men, number of boys, and all other persons employed in or around said mine or mines, not later than ten days after the end of each quarter, and they shall also state the price paid miners per ton or bushel, the price paid to day hands per day, the number of days worked by miners and by day men, the number of accidents, deaths resulting from injuries in and around the said mine or mines. It shall also be the duty of the mine inspec tor to furnish all coal operators and all coal companies or lessees or other persons engaged in mining or producing coal, with printed blank forms every quarter, for the purpose of making out said report as this act herein provides for. Sec. 13. No person employed in any mine shall use any kind of oil other than lard oil for lighting purposes, except when repairing downcast or upcast shafts. S e c . 14. The inspector of mines is duly authorized to enforce the provisions of this and all other acts relating to mines or mining; and he is hereby empowered to insti tute proceedings in the name of the State of Kansas against any miner, owner, agent, lessee, operator of any mine, or any employee employed therein, who refuses to com ply with the provisions of this act, after ten days’ notice. The inspector is hereby empowered in all cases where mines are not worked or operated in strict accordance with this act, to order the employees employed in such mine to suspend operations, and if, in his judgment, there is immediate danger, he can order such mine to suspend operations until the matter of which he complains in relation to this act, is complied with. S e c . 15. The inspector is hereby authorized to furnish every mine owner, agent, lessee or operator of every mine, which he knows to be in operation, with a printed copy of this act, which shall be kept conspicuously posted at or near the top of any of said mines, and it shall be the duty of the mine boss or agent in charge, to call the attention of the miners or others employed, to the provisions of this act. Sec. 16. In case of non-compliance with sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,11,12,13,14 and 15 of this act, by any owner, operator, agent or lessee of any mine,or any miner or other employee working therein, upon whom any duty is cast by any of said sections, he shall be deemed guilty of a misdemeanor, and shall, upon conviction of the same, for each offense, be punished by a fine of not less than one hundred dol lars, and not to exceed three hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days, and not to exceed ninety days, or by both such fine and imprisonment, in any court having competent jurisdiction: P r o v i d e d , That this act shall be construed as to effect [affect] or apply only to coal-mines of this State, or any person or persons operating or owning such coal-mines. S e c . 17. And chapter 171, session laws of 1895, and all other acts and parts of acts in conflict with this act, are hereby repealed. Se c . 18. This act shall take effect and bo in force from and after its publication in the statute book. Approved March 13, 1897. Ch a p t e r 172. — P r o te ctio n o f s tre et-r a ilw a y e m p lo y e e s . S e c t io n 1. It shall be unlawful for any street-car company, or other person, asso ciation, or corporation, who own, control, or operate any street-car system in the State of Kansas, to run or operate its cars in the regular service of carrying passen gers, during the months of November, December, January, February, or March of each year, without first providing a vestibule or other sufficient shelter for the motorman or other employee, used by said company to guide or operate the propel ling power used on said car: P r o v i d e d , This act shall not apply to any horse or cable car. Sec. 2. Every corporation, officer, owner, or manager of any such street-car com pany, who shall fail or refuse to comply with the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not less than five dollars nor more than twenty five dollars for each offense, and the opera tion of a car at any one time during any one day during said months, without provid ing the vestibule or other shelter, shall be deemed a single violation of this act. Sec. 3 This act shall take effect and be in force on and after its publication in the statute book. Approved March 6, 1897. 1453—]So. 13-— 10 830 BULLETIN OF THE DEPARTMENT OF LABOR. M IS S O U R I. ACTS OF 1897. F e llo w -8 e r v a n i s. (Page 96.) S e c t io n 1. Every railroad corporation owning or operating a railroad in this State shall he liable for all damages sustained by any agent or seryant thereof while engaged in the work of operating such railroad by reason of the negligence of any other agent or servant thereof: P r o v i d e d , That it may be shown in defense that the person injured was guilty of negligence contributing as a proximate cause to pro duce the injury. ' Se c . 2. All persons engaged in the service of any such railroad corporation doing business in this State, who are intrusted by such corporation with the authority of superintendence, control or command of other persons in the employ or service of such corporation, or with the authority to direct any other servant in the perform ance of any duty of such servant, or with the duty of inspection or other duty owing by the master to the servant, are vice-principals of such corporation, and are not fellow-servants with such employees. Se c . 3. All persons who are engaged in the common service of such railroad cor poration, and who while so engaged, are working together at the same time and place, to a common purpose of same grade, neither of such persons being intrusted by such corporation with any superintendence or control over their fellow employees, are fellow-servants with each other: P r o v i d e d , That nothing herein contained shall be so construed as to make any agent or servant of such corporation in the service of such corporation a fellow-servant with any other agent or servant of such cor poration engaged in any other department or service of such corporation. Se c . 4. N o contract made between any railroad corporation and any of its agents or servants, based upon the contingency of the injury or death of any agent or serv ant, limiting the liability o f such railroad corporation for any damages under the provisions of this act, shall be valid or binding, but all such contracts or agreements shall be null and void. Approved February 9, 1897. P r o te c tio n o f s tre et-c a r e m p lo y e e s —S c r e e n s . (Page 102.) 1. Every electric street car, other than trail cars, which are attached to motor cars, shall be provided during the months of November, December, January, February and March of each year, at the front end, with a screen composed of glass or other material which shall fully and completely protect the driver, motorman, gripman or other person stationed on such front end and guiding o t directing said car from wind and storm. Sec. 2. Any person, agent or officer of any association or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction Bhall be fined in a sum not less than twenty-five dollars or more than one hundred dollars for each day that any car belonging to -or used by such person, asso ciation or corporation is permitted to remain unprovided with the screens Required by section 1 of this act. And it is hereby made the duty of the prosecuting attorney of each county in the State to enforce the provisions of this act, for which he shall be entitled, in addition to his ordinary fee or salary, one-fourth of the fine recovered. Approved March 5, 1897. S e c t io n P r o te c tio n o f e m p lo y e e s a s v o ter s. (Page 108.) 1. Any person entitled to vote at any election in this State shall, on the day of such election, be entitled to absent himself from any services or employment in which he is then engaged or employed, for a period of four hours between the times of opening and closing the polls; and such voter shall not, because of so absent ing himself, be liable to any penalty: P r o v i d e d , h o w e v e r , That his employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to any employee the privilege hereby con ferred, or shall discharge or threaten to discharge any employee for absenting him self from his work for the purpose of said election, or shall cause any employee to suffer any penalty or deduction of wages because of the exercise of such privilege, S e c t io n LABOR LAWS— MISSOURI---- ACTS OF 1897. 831 or who shall directly or indirectly violate the provisions of this section, shall bb deemed guilty of a misdemeanor, and on conviction thereof he fined in any sum not exceeding five hundred dollars. Se c . 2. It shall not he lawful for any corporation organized and doing husiness under and hy virtue of the laws of this State, to directly or indirectly, hy or through any of its officers or agents, or hy or through any person or persons for them, influ ence or attempt to influence the result of any election to he held in this State, or •procure or endeavor to procure the election of any person to a public office hy the use of money helouging to such corporation, or hy subscribing any money to any campaign fund of any party or person, or hy discharging or threatening to discharge any employee of such corporation for reason of the political opinions of such employee, or to use or offer to use any power, effort, influence, or other means what soever, to induce or persuade any employee or other person entitled to register before or vote at any election, to vote or refrain from voting for any candidate, or on any question to he determined or at issue at any election. Any violation of the provisions of this section hy a corporation shall he deemed and held as a forfeiture of its charter or franchise, as granted or derived from the State, as for willful misuser thereof, and such corporation shall he enjoined from transacting any husi ness in this State; and such forfeiture or injunction may he adjudged hy any cir cuit court of any county in which such corporation is located, in a suit instituted for that purpose, in the name of the State of Missouri, hy the prosecuting attor ney of any County, and in the city of St. Louis hy the circuit attorney or hy the attorney-general. Se c . 3. Every officer or agent of any railroad or other corporation, company or association, and every individual conducting or carrying on any husiness in this State and having under his control or supervision, or in his employ any servants, agents or other employees entitled to vote at any election in this State, who shall either directly or indirectly, or hy or through any person or persons for him, dis charge or offer or attempt to discharge from any employment, service, or position, any such employee for reason of the political opinions or belief of any such employee, or who shall coerce or attempt to coerce, intimidate or bribe any employee, or who shall hy or through any unjust, corrupt, or unlawful means, procure or attempt to procure or influence any employee entitled to register before or vote at any election, to vote or refrain from voting for any candidate for any public office at any election, or on any question to ho determined or at issue in any election held in this State, shall he deemed guilty of a felony, and on conviction thereof, shall he punished by imprisonment in the penitentiary not less than two nor more than five years. Approved March 20, 1897. F a c to rie s , w o rk sh o p s, e tc .— E m p lo y m e n t o f ch ild re n . (Page 143.) S ection 1. No child under the ago of fourteen years shall ho employed in any manufacturing or mechanical establishment in this State wherein steam, water dr any other mechanical power is used in the manufacturing process carried on therein, or, where the work to he done hy such child would, in the opinion of two reputable physicians in the locality where such work is to he done, he dangerous to the health of such child. Sec . 2. Any person, firm or corporation, or its agent, who employs, and any parent or person in charge of such child who permits the employment of such child in viola tion of this act, shall be deemed guilty of a misdemeanor, and shall, upon conviction, he fined not less than ten nor more than one hundred dollars, or imprisonment in the county jail for a period of not less than two days nor more than ten days, or both fined and imprisoned, for each offense: P r o v i d e d , That extreme poverty of the parent, or person in charge of such child, shall he a good defense to such proceeding. Approved March 23, 1897. F a c to rie s , w o rk sh o p s, e t c .— H e a lth o f e m p lo y e e s . (Page 143.) Se c t io n 1. Section 14 of an act entitled “ An act relating to manufacturing, mechanical, mercantile and other establishments and places, and the employment, safety, health and work hours of employees,” approved April 20, 1891, [page 159, Acts of 1891] is hereby amended hy inserting between the words “ act” and “ shall,” in line three of said section, the following: “ Or the labor commissioner or his dep uties,” and hy striking out the words “ where practicable,” in line five of said sec tion ; so that said section, when so amended, shall read as follows: Section 14. In all establishments in this State wherein labor is employed, where any process is carried on hy which dust or smoke is generated, any one of the 832 BULLETIN OF THE DEPARTMENT OF LABOR. inspectors provided for in this act, or the labor commissioner or his deputies, shall have the power and the authority to order that a fan or some other contrivance be put in to prevent the inhalation of such dust or smoke by employees. Approved March 9, 1897. M in e r e g u la tio n s (Page 199.) Se c t io n 1. Section 7067, chapter 115, article 2 of the Kevised Statutes of 1889, is hereby amended by inserting between the words “ age” and “ and,” in the fifth line of said section, the following words: “ Nor shall such engineer be permitted to oper ate the hoisting machinery unless he be located in such close proximity to the engine and drum as will enable him to continuously have supervision and control of both engine and drum;” so that said section, when so amended, shall read as follows: S e c t io n 7067. No owner, agent or operator of any mine operated by shaft or slope shall place in charge of any engine whereby men are lowered into or hoisted out of the mines any but an experienced, competent and sober person not under eighteen years of age; nor shall such engineer be permitted to operate the hoisting machinery unless he be located in such close proximity to the engine and drum as will enable him to continuously have supervision and control of both engine and drum; and no person shall be permitted to ride upon a loaded cage or wagon used for hoisting purposes in any shaft or slope, and in no case shall more than twelve persons ride on any cage or car at any one time; nor shall any coal be hoisted out of any mine while persons are descending into such mine, and the number of persons to ascend out of or descend into any mine on one cage shall be determined by the inspector; the maximum number so fixed shall not be less than four nor more than twelve, nor shall he lowered or hoisted more rapidly than five hundred feet to the minute. Approved March 15, 1897. M in e r e g u la tio n s . (Page 199.) Section 1. Section 7063, chapter 115, article 2, Laws of Missouri, 1889, is hereby repealed and the following new section enacted in lieu thereof, to be known as sec tion 7063: Se c t io n 7063. It is unlawful for any owner, agent or operator of any coal mine worked by shaft to employ or permit any person to work therein unless there are to every seam of coal worked in each mine at least two separate outlets, separated by natural strata of not less than three hundred feet in breadth, by which shafts or outlets distinct means of ingress and egress are always available to the persons employed in the nr^e; but it is not necessary for the two outlets to belong to the same mine if the persons employed therein have safe, ready and available means of ingress and egress by not less than two openings; the communication or roadway between the two openings, or the two openings furnished by a connection between two distinct mines, shall at all times be kept clean and of such width and height as to make the same safe and available for a speedy exit in case of accident. The escapement shaft shall be fitted with safe and available appliances by which the persons employed in the mine may readily escape in case an accident occurs derang ing the hoisting machinery at the main outlets, and such means or appliances for escape shall always be kept in a safe condition, and in no case shall an air shaft with a ventilating furnace at the bottom be construed to be an escapement shaft within the meaning of this section. The cage or cages and other means of egress shall at all times be available for the persons employed when there is no second out let. To all other coal mines, whether slopes or drifts, two such openings or outlets must be provided within twelve months after shipments of coal have commended from such mine, and in case such outlets are not provided as herein stipulated, it shall not be lawful for the owner, agent or operator of such slope or drift t >permit more than five persons to work therein at any one time. All mines oaerated prior to the passage of this new section, having furnaces located in the bottom of the air shaft, shall have one year’s time from the passage of this act in which to comply with the requirements therein. S e c t io n 7063a. Any owner, agent or operator of a coal mine in this State violating the provisions of the preceding section shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall be fined not less than fifty nor more than two hundred dollars, or by imprisonment in the county j ail not less than three nor inore than twelve months, or by both such fine and imprisonment. Approved March 24, 1897. LABOR LAWS---- MONTANA---- ACTS OF 1897. 833 M ONTANA. ACTS OF 1897. I n te r n a tio n a l T y p o g ra p h ica l U n io n la b e l to be u sed o n a ll S ta te p r in tin g . (Page 58.) Section 1. AIT printing for which the State of Montana is chargeable, including reports of State officers, State boards, pamphlets, blanks, letter heads, envelopes, and printed matter of every kind and description, save and except certificates of appointment and election to office, shall have the label of the branch of the Inter national Typographical Union of the city in which they are printed. Sec . Any officer of the State who shall accept any printed matter, save and except certificates named in section 1, for which the State is chargeable, which does not bear a label indicating that it was printed in an office under the jurisdiction of the International Typographical Union, shall be subject to a fine of fifty dollars for each and every oifense. Sec . 3. This law shall take effect and be in force from and after its passage. Approved March 3, 1897. M in e r e g u la tio n s — E s c a p e m e n t s h a fts . (Page 66.) 1. It is the duty of any person, company or corporation, who shall have sunk on any mine a vertical or incline to a greater depth than one hundred feet, and who shall have the top of such shaft or hoisting opening covered or enclosed by a shaft or building which is not fire-proof, and who shall have drifted on or along the vein or veins thereof, a distance of two hundred feet or more, after cross cutting to the same, and shall have commenced to stope, to provide and maintain to the hoist ing shaft or the opening through which men are let into or out of the mine and the ore is extracted, a separate escapement shaft, raise, or opening, or an underground opening or communication between every such mine and some other contiguous mine, P r o v i d e d , That in case such contiguous mine belongs to a different person, company, or corporation, the right to use the outlet through such contiguous mine, in all cases when necessary, or in cases of accident must be secured and kept in force. Where such an escapement shaft or opening shall not be in existence at the time that stuping is commenced, work upon such an escapement shaft or opening must be com menced as soon as stoping begins and be diligently prosecuted until the same is com pleted, and said escapement shaft, raise or opening shall be continued to and con nected with the lowest workings in the mine. The exit, escapement shaft, raise, or opening provided for in the foregoing paragraphs must be of sufficient size as to afford an easy passageway, and if it be a raise, or shaft, must be provided with good and substantial ladders from the deepest workings to the surface. Whenever the exit or outlet herein provided for is not in a direct or continuous course, sign boards plainly marked showing the direction to betaken must be placed at each departure from the continuous course. Sec . 2. This act shall apply only to quartz mines in which nine or more men are employed underground, and shall not apply to mines not actually extracting ores, by stoping, nor to mines in which the shaft or hoisting opening, or hauling way is not covered by a shaft house, and has no building structure within thirty (30) feet of the shaft or opening, nor to mines in which the hoisting shaft or opening shall be covered by or enclosed in a fireproof shaft or building. Se c . 3. The penalty for violating any of the provisions of the preceding sections is the same as provided in section 705 of the Penal Code. Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed. Sec . 5. This act shall take effect and be in force from and after its passage. Approved March 1, 1897. Section M in e r e g u la tio n s — H o u r s o f la b o r f o r h o istin g e n g in ee rs . (Page 67.) Section 1. It shall hereafter be unlawful for any engineer or other person to run or operate for more than eight hours in twenty-four hours, any first motion or direct acting hoisting engine, in use in any mine, or to run or to operate for more than said length of time any geared or indirect hoisting engine at any mine in which ~ fifteen or more men are employed underground. This act shall only apply to such plant or plants as are in operation sixteen or more hours in twenty-four hours. 834 BULLETIN OF THE DEPARTMENT OF LABOR. Se c . 2. It shall hereafter he unlawful for any mine owner, lessee, company or cor poration, operating or conducting any mine, to hire or employ any engineer or other person to run or operate for more than eight hours in twenty-four hours, any first motion or direct acting hoisting engine in use at any mine. Or to hire or employ any engineer or other person to run or operate any geared or indirect acting hoisting engine, at any mine employing fifteen or more men underground. This act shall only apply to such plants as are specified in section one of this act, P r o v i d e d , h o w e v e r , That the provisions of this act shall not apply to any engineer or person, who temporarily operates any of the engines mentioned, for more than eight hours in one day, when from sickness or other unforeseen cause the person regularly employed is unable to operate the same. Sec . 3. Any person, company or corporation, violating the provisions of this act, shall upon conviction, be punished by a fine of not less than ten nor more than one hundred dollars; and each and every day that any person, company or corporation violates the same shall constitute a separate and distinct violation and shall be punishable as such. Sec . 4*. Sections 3370, 3371, and 3372, of Article II, of Chapter XX, of Part III, Title VII of the Political Code, and all acts and parts of acts, in conflict with this act, are hereby repealed. Approved February 19, 1897. I n s p e c to r o f m in es . (Page 109.) S e c t io n 1. Section 580 of the Political Code of the State of Montana [shall] be amended so as to read as follows, vfz: S ection 580. The governor, by and with the advice and consent of the senate, must appoint an inspector of mines, who shall beat least thirty years of age, a resident of Montana at least one year, who shall be theoretically and practically acquainted with mines and mining in all its branches, and he shall hold his office for four years unless sooner removed by the governor. No person shall hold the position of in spector ofjnines while an employee or officer of any mining company or corporation. The inspector of mines must devote his entire time to the duties of his office, and his salary is two thousand, four hundred dollars. Se c . 2. Section 581 of said code [shall] be amended so a ^ to read as follows, viz: Section 581. The governor by and with the consent of the senate must appoint a deputy inspector o f mines who shall possess like qualifications to those required of the inspector o f mines, who shall hold his office for four years unless sooner removed by the governor. No person shall hold the office of deputy inspector of mines while an employee or officer of any mining company or corporation. The deputy inspector of mines must devote his entire time to the duties of his office under the supervision and direction of the inspector of mines, and his annual salary is one thousand, six hundred and fifty dollars. Se c . 3. Section 582 of said code [shall] be amended so as to read as follows, viz: Section 582. It is the duty of the inspector of mines by himself or his deputy to visit every mine in the State once every six months and inspect its workings, timber ing, ventilation, means of ingress and egress and the means adopted and in use for the preservation of the lives and safety of the miners employed therein; for this pur pose the mining inspector and his deputy shall at all times have access to any mine and all parts thereof. All mine owners, lessees, operators or superintendents must render such assistance as may be necessary to enable the inspector or his deputy to make the examination. S e c . 4. This act shall be in effect from and after its passage and approval. Approved March 4, 1897. B u re a u o f a g ric u ltu r e , la b o r a n d in d u s try . (Page 110.) S e c t io n 1. Section760 shall read as follows: S e c t io n 760. A bureau of agriculture, labor and industry is hereby established for this State, whose executive officers shall be a commissioner, appointed by the governor, and a chief clerk, who shall be appointed by the commissioner. The term of office of the commissioner shall be four years, and he may be removed by the gov ernor for incompetence, neglect or malfeasance in office. The commissioner shall execute a bond in the penal sum of five thousand dollars, to be approved by the governor, and to be filed with the state auditor for the faithful performance of his duties. LABOR LAWS---- MONTANA— ACTS OF 1897. 835 Sec . 2. Section 761 shall read as follows: 761. The commissioner shall collect, assort and arrange, systematize and present in an annual report to the governor on or before the first day of December in each year, statistical details relating to all departments of labor and industry in the State of Montana, especial!}' in relation to the agricultural, commercial, mining, manufacturing, educational and social interests and sanitary condition of the labor ing classes and to the prosperity of all the productive industries of the State. S e c t io n Se c . 3. Section 762 shall read as follows: 762. The commissioner shall have the power to administer oaths, have and use a seal, with power, to examine^ witnesses under oath, to take depositions or cause the same to be taken by anyone authorized to take depositions, and said com missioner may deputize any male citizen over the age of twenty-one years to servo subpoenas upon witnesses who shall be summoned in the same manner as witnesses before the district court, and any person or owner, operator, or lessee of any mine, factory, workshop, smelter, mill, ware-house, elevator, foundry, machine shop or other establishment, any agent or employee of such owner, operator, manager or lessee, who shall refuse to said commissioner admission therein for the purpose of inspecting, or who shall when requested by him willfully neglect or refuse to furnish to him any statistics or other information relating to his lawful duties, which may be in their possession or under their control, or who shall willfully neglect or refuse for thirty days to answer questions by circular or by personal application, or who shall knowingly answer such questions untruthfully or who shall refuse to obey any such subpoenas and give testimony according to the provisions of this act, shall for every such willful neglect or refusal be guilty of a misdemeanor, and upon convic tion thereof shall be punished by a fine not less than fifty nor more than one hundred dollars. P r o v i d e d , That no witness shall be compelled to answer questions respect ing his private affairs nor to go outside of his own county to give testimony. Se c . 4. Section 763 shall read as follows: S e c t io n 763. The commissioner of said bureau shall receive an annual salary of twenty-five hundred dollars and the chief clerk an annual salary of fifteen hundred dollars. S e c . 5. Section 764 shall read as follows: Se c t io n 764. The office of said commissioner shall be at the capitol of the State where all the books, records and statistics of the bureau shall be kept. The rent, salaries and other expenses of the said office shall be paid by the State in the same manner as is provided by law for the payment of the salaries and expenses of other State officers. S e c . 6. Section 765 shall read as follows: Se c t io n 765. The commissioner may incur such expense as is necessary in the dis charge of the official duties of said bureau, provided that such expense, including pay of commissioner and chief clerk, shall not exceed the amount appropriated therefor in each year. Sec . 7. Section 766 shall read as follows: S e c t io n 766. It shall be lawful for the common counsel (council?) of any incorpo rated city within this State to provide for the establishment of a free public employ ment office to be conducted pn the most approved plans, and to provide for the expenses thereof out of the revenues of the city in which the same is established. The*annual report of the commissioner of agriculture, labor and industry shall con tain a detailed account of the transactions of all free employment offices "within the State, showing the number of applicants for help, the number of applicants for employment, male and female, the number securing employment through said officers and the expenses thereof. Sec . 8. Sections 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, and 777 of the Political Code of Montana are hereby repealed. Approved March 4,1897. S e c t io n M in e r e g u la tio n s — C a g es in s h a fts , e tc. (Page 245.) S e c t io n 1. Section 705 of Title X of the Penal Code of the State of Montana, of an act concerning crimes against the public health and safety, approved March 15, 1895, is hereby amended to read as follows: S e c t io n 705. It is unlawful for any corporation or person to sink, or work, through any vertical shaft where mining cages are used, to a greater depth than three hun dred feet, unless said shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employees thereof, said cage to be also provided with sheet iron or steel casing not less than one-eighth inch in thickness, or wire netting of not less than one-eighth inch in diameter; doors to be made of the same material, shall be hung on hinges, or may be made to slide and shall not bo less than five feet high from the bottom of the cage, and said doors must be closed when lowering or hoisting men. 836 BULLETIN OF THE DEPARTMENT OF LABOR. The safety apparatus, whether consisting of eccentrics, springs, or other device, must be securely fastened to the cage, and must be of sufficient strength to hold the cage loaded, at any depth to which the shaft may be sunk. The iron bonnet of the aforesaid cage must be made of boiler sheet iron, of good quality, of at least three-sixteenths of an inch in thickness, and must cover the top of such cage in such manner as to afford the greatest protection to life and limb from anything falling down said shaft. It shall be the duty of the mining inspector and his assistant to see that all cages are kept in compliance with this section and to also see that the safety dogs are kept in good order. * Every person or corporation failing to comply with any of the provisions of this section is punishable by a line not less than three hundred dollars, nor more than one thousand dollars. All acts and partB of acts in conflict with this section are hereby repealed. This act shall-be in effect from and after June 1, 1897. Approved March 1, 1897. NEW MEXICO. ACTS OF 1897. Ch a p t e r 16. — P r o te c tio n o f e m p lo y e e s , e n g in es e tc .— U a n d n la w fu l c a r s , a n d m a lic io u s in te r fe r e n c e w ith e tc. Se c t io n 1. Any person or persons who shall unlawfully and without authority remove, take, steal, change, add to, take from, or in any manner interfere with any journal bearings or brasses or any of the parts or attachments of any locomotive, tender or car or any fixture or attachment belonging thereto, connected with and used in operating any locomotive, tender or car, owned, leased or used by any rail road, railway or transportation company in this Territory, shall be deemed guilty of a felony and upon conviction thereof before any court or competent tribunal, shall be subject to imprisonment in the Territorial penitentiary for not less than one year nor more than five years. P r o v i d e d , That if the malicious and unlawful removal of any such journal bear ings or brasses, fixtures or attachments, or the unlawful and malicious change thereof or interference therewith, shall be the cause of wrecking or derailing any locomotive, car or cars, shall result in the injury or death of any employee, pas senger or other person, such person or persons guilty of such removal, change, alteration, Or interference with such journal bearing or brasses or other parts or attachments of any such locomotive, tender or car, or any fixture or attachment belonging thereto, connected with or used in operating such locomotive, tender or car, shall be deemed guilty of an assault with intent to commit murder, or guilty of murder as the case may be, and upon conviction thereof shall be punished as in other cases of assault with intent to commit murder and murder. Se c . 2. Any person or persons who shall unlawfully and knowingly buy, receive, or aid in the concealment of any link, pin-bearing journal or other articles used exclusively for railroad purposes without the consent in writing of the president, general manager, or superintendent of the railroad owning such property within this Territory, such person shall be guilty of receiving stolen property knowing the same to be stolen, and be subject to the penalties prescribed under the laws of this Territory in other cases of knowingly receiving, buying and concealing stolen property. And any such property so purchased, received or concealed by any per son or persons within this Territory, upon which is stamped the name or initials of any railroad company operating a railroad within this Territory, shall be p r i m a f a c i e evidence on the trial of any such offense of the true ownership of such prop erty and of knowledge on the"part of any such person or persons buying, receiving or aiding in the concealment of the same, that the same was or had been the prop erty of the railroad company, the name or initials of which is, or are stamped or marked on such property. Sec . 3. A ny person who shall unlawfully and without authority remove any waste or lubricating packing from the journal boxes of any engine, tender, passenger coach, freight or way car of any railroad operating lines in this Territory, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than five dollars nor more than twenty-five dollars, or by imprisonment in the county jail for not less than ten days, nor more than thirty days, or by both such fine and imprisonment. S ec . 4. Any person or persons who shall unlawfully or maliciously remove, carry away, destroy, break or injure any switch lamp or signal lamp or shall unlawfully change or extinguish the same while in place and. being used as a signal along the line or at the switches or side tracks of any railroad company operating a railroad LABOR LAWS---- NEW MEXICO---- ACTS OF 1897. 837 in this Territory, and within this Territory, shall he deemed guilty of a misdemeanor and upon conviction thereof shall he punished hy a fine of not less than five dollars, nor more than one hundred dollars, or to imprisonment in the county jail for not less than ten days, nor more than one hundred days, or hy hoth such fine and imprisonment. This act shall take effect and he in force from and after its passage. Approved February 17, 1897. Ch a p t e r 71. — E x e m p tio n f r o m e x e c u tio n , e tc .— W a g es. Subdivision 6 of section 1, of Chapter XXXYII of the Laws of 1887, entitled, “ An act to provide for the exemption of property from forced sale under execution v be so amended as to read as follows: 6. The personal earnings of the debtor for Sixty days next preceding his applica tion for such exemption, when it is made to appear hy the affidavit of the debtor, or otherwise, that such earnings are necessary to the support of such debtor, or his wife or his family, P r o v i d e d , That such exemption shall not apply to debts incurred for mantial labor, or for the necessaries of life furnished the debtor or his family. 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: P hiladelphia , P a .—September 3,1897. Contract with Allen B. Borke for trench excavation, portion of general excavation, concrete foundations, footing stones of terrace columns, stone and brick work of basement, yard and terrace walls, ironwork, brick arches, ancl con crete filling of terrace floors, etc., of the United States Mint building, $138,400. Work to be completed within nine months. I e w T o e i , N. Y.—September 13,1897. Contract with D. S. Hess & Co. for fitting up library room, etc., in the court-house and post-office, $11,475. Work to be completed within three months. N e w L o n d o n , C onn .— September 21,1897. Contract with John A . Holland, Norwich, Conn., for heating and ventilating apparatus for the post-office and custom-house, $1,987. Work to be completed within sixty-four days. S a v a n n a h , G a .—September 21, 1897. Contract with Charles B. Kruse Heating Company, Milwaukee, Wis., for heating and ventilating apparatus for court-house and post-office, $4,962. Work to be com pleted within one hundred* working days. N e w Y o r k , N. Y .— September 22, 1897. Contract with James C. Wilson for rolling iron shutters for all windows above second story of appraisers7 warehouse, $32,690. Work to be completed within four months. B o st o n , MASS.— September 27, 1897. Contract with Mosler Safe Company, New York, N. Y., for, money vault and burglar-proof steel and iron plates for post-office and sub treasury, $7,596. Work to be completed within one hundred working days. L y n n , M a s s .— September 30,1897. Contract with Lynch & W ood ward, Boston, Mass., for low-pressure, return-circulation steam heating and ventilating apparatus for post-office, $3,230. Work to be com pleted within sixty days. P a t e r s o n , N. J.—October 5,1897. Contract with Mcllvain, Unkefer Co., Pittsburg, Pa., for erection and completion (except heating apparatus, vault doors, and tower clock) of post-office, $130,755. Work to be completed within eighteen months. New Y o r k , N. Y.—October 21,1897. Contract with James Harley, Brooklyn, N. Y .,for plumbing and gas piping in appraisers warehouse, $29,985. Work to be completed within one hundred and twenty-five working days. 838 I N D E X . Page, Anthracite mine laborers............................................................................... 728-774 1-38 Arbitration and conciliation in tbe boot and shoe industry.......................... Arbitration and mediation, ninth annual report of the board of, of the State of New York................................................................................................. 159 Building and loan associations........................................................................ 370-374 Conciliation and arbitration in the boot and shoe industry.......................... 1-38 Condition of the negro in various cities......................................................... 257-369 Decisions of courts affecting labor: Alien contract-labor law not applicable to a chemist........ .................... 173-175 Beneficial associations—not partnerships—ownership of property........ 528, 529 Chinese exclusion act—imprisonment at hard labor—constitutionality of provision........................................ 175-177 Chinese laborers—deportation.................................................................. 386, 387 Claim for wages—preference of same over prior mortgage .................... 177-179 Conspiracy—strike—injunction—illegality of a “ patrol” ...................... 197-201 Constitutional provision—when self-executing—enforcement of foreign law..................... ............................................ .................................... . 185-187 Constitutionality of proposed statute regulating payment of wages— police power of the State.................... ................................................. 799,800 Constitutionality of statute— antitrust act of Texas................................ 800,801 attorneys7fees in suits for wages, etc.......... ........................ ......... 504-508 boiler inspectors act—exemptions........ ................................... . 179,180 claims for wages preferred.................................................. 630-632 eight-hour law......................................................... . ........................ 387-391 hours of labor................................. .................................................... 508, 509 injuries to railroad employees—application of statute to railroads in hands of receivers...................................................................... 632-635 involuntary servitude—sailors in the merchant service.................. . 509-516 laborers7liens on threshing machines............................................... 635, 636 licensing of laundries................................................. ...................... 517 mechanics7lien act.................................................. 517-520 mine regulations................................................................................ 636, 637 sale of foreign convict-made goods................................................... 801-803 service of process in suits for services and labor.............................. 803,804 Sunday labor—barbers .......................................... .. 180-182, 520, 521 Sunday labor—running of freight trains................................. ....... 182-185 Sunday labor—running of railroad trains................................. . 521 wages preferred................................................................................... 637-639 Construction of statute—alien contract labor........................................ 804, 805 Construction of statute—fellow-servant act of Texas............................ 805-808 Contract compelling employee to join labor union unlawful.................. 529-532 Contract of employment—consideration...... >............................. .......... 813, 814 Contract of employment—statute of frauds........ ............................. .... 522 839 840 IN D E X . Decisions of courts affecting labor*—Continued. Page. Contract of service to work out fine and costs—modification of such contract illegal..................................................................................... 187,188 Definition of “ wages” under law exempting same from garnishment... 188,189 Employers' liability— amount received on accident policy not to be considered in mitiga tion of damages................................. ......... .................................. 814, 815 assumption of risk............................................................................ 654, 655 competency of physician as witness..... ..................................... . 522-524 construction of statute......................................................... 639, 640, 809,810 construction of statute—discontinuance of suit by administrator... 524-526 custom—concurring negligence.......................................................... 815,816 duties of master................................................................ 655 duties of master—assumption of risk^by employee......................... 201, 202 duties of servant—duties of master .............................................. 202, 203 electric railway company........ .......................................................... 203,204 electric railway companies—duties of the master.......... .......'......... 656, 657 fellow-servant act of Texas....................................................... ....... 657-659 fellow-servants.............................................. ....................... 204-206, 659-662 fellow-servants—principal and agent—scope of authority ....... 662-665 84-87 masters' duty, e tc................................. ............................................ measure of damages.......'...-................................................................ 206, 207 negligence............................................................................ 640, 641, 665-667 negligence of minor employees—application of New York factory a c t.................. ............................................................................... 810,811 railroad companies........ ................. 80,81, 87,88, 207, 208, 641-645, 667-670 railroad companies—assumption of risk—contributory negligence.. 208-211 railroad companies—assumption of risk—negligence....................... 211,212 , railroad companies—assumption of risk by employees.................... 816,817 railroad companies—assumption of risk by employees—relief asso ciations........................................................ ............................. ...... 817,818 railroad companies—construction of statute.................................... 811-813 railroad companies — disobedience of rules — contributory negli 670 gence ............................................................................. ................. railroad companies—duty of master.................... . . . . . ........212, 213,818,819 railroad companies—duties orf the master—assumption of risks by employees ......................................... ‘............................................. 674 railroad companies—employees' contracts of service—fellow-serv ants .................... ....................................................... 1.................. 213, 214 railroad companies—fellow servants....................... 189-191, 214-217,671, 672 railroad companies—masters'negligence, etc.................. ................. 218-220 railroad companies—negligence of company's surgeon...................... 220 railroad companies—negligence of the master—assumption of risks by employees................................................................................... 672, 673 release of claim for damages.................................... ........................ 220-222 relief associations.......................................................................... ... 222-224 retention of incompetent foreman...................................... ............. 645, 646 street railway companies—fellow-servants........ ......... .................... 224,225 substitution by employer.................................................................. 225, 226 temporary danger............................................... .............................. 226 unblocked railway frog—contributory negligence........................... 81, 82 validity of contracts making the acceptance of benefits by employ- ( ees from railway relief fund a waiver of claims for personal injury. 646-649 Exemption from garnishment—wages......................................... 526, 527, 649, 650 Fellow-servant act of Arkansas .............................. ................................ 651,652 INDEX. 841 Decisions of courts affecting labor—Concluded. Page. Fellow-servant act of Texas—street railroads......................................... 83,84 Garnishment—liability of employer for wages paid into court with con sent of employee.................................................................................. . 820 Government employees—right of per-diem employee to compensation for time while under suspension.............................................. ............ 820-822 Issue of nontransferable pay checks—refusal to cash same when pre sented by parties other than employees—damages............................... 822, 823 Jurisdiction of Federal courts—injunction—contempt.......................... 532-536 Labored lien on crops—enforceable against purchaser without notice. 527,528 Laborers’ liens—who entitled t o ............................................................. 191-193 Logging liens—construction of statute................................................... 82 Maritime liens—employees on steam dredge........................................... 227, 228 Master and servant—contract of hiring................................................... 228,229 Master and servant—degree of ca re........................................................ 230 Master and servant—interpretation of contract of employment............. 230, 231 Master and servant—risks of employment................................................ 824,825 89 Measure of damages for wrongful discharge............................................ Mechanics’ liens—applicability of act to street railways—constitution ality of a ct............................................................................................ 193,194 Mortgages on crops—laborers’ liens on same—priority.......................... 194-197 Negligence of employees—liability to fellow-servant.......................... . 673,674 Seamen—allowance of wages upon discharge before beginning of voyage. 652, 653 Unauthorized discharge of servants—damages. .................................... 89, 90 Digest of recent foreign statistical publications: Report of the Departmental Committee on the Importation into the United Kingdom of Foreign Prison-made Goods................................ 70,71 Yierteljahrshefte zur Statistik des Deutschen Reichs. Erganzungsheft enthaltend Hauptergebnisse der Berufszahlung vom 14. Juni 1895 im Deutschen Reich...................................................................................... 71,72 Geschichte und Organisation der amtlichen Statistik in Ungarn........... 73 Report on the Strikes and Lockouts of 1895 in Great Britain and Ireland 160-165 Lois et reglements concernant le travail des femmes et des enfants, la police des ^tablissements classes, le payement des salaires aux ouvriers, les reglements d’atelier et l’inspection du travail (Belgium)___ 165 Congres National des Habitations Ouvrieres et des Institutions de Prevoyance, Antwerp, 1894........................................................................ 165,166 Erstellung billiger Wohnungen durch die Gemeinde Bern..................... 166,167 Publications of the Mus6e Social, Paris, France........ ........................... 167-172 Die Arbeitseinstellungen und Aussperrungen im Gewerbebetriebe in Osterreich wahrend des Jahres 1895 ...................................................... 381-384 Neuvieme rapport annuel du Comity Directeur de la Federation Ouvriere Suisse et du Secretariat Ouvrier Suisse pour l’annee 1895............. 384, 385 Travail du Dimanche. Vol. Y, Pays etrangers (Allemagne, Autriche, Suisse, Angleterre)................................................................................ 495-498 Yierteljahrshefte zur Statistik des Deutschen Reichs. Erganzung zum vierten Heft. Die beschaftigungsiosen Arbeitnehmer im Deutschen Reich am 14. Juni und 2. Dezember 1895 ..................... .................... 498-503 Fourteenth Annual Report of the Bureau of Industries for the Province of Ontario, 1895..................................................................................... 614, 615 Eighth Report on Trade Unions in Great Britain and Ireland, 1894 and 1895 ...................................................................................................... 615-622 Documents sur la Question du Chdmage (France)............................ ...... 622-624 Berufs- und Gewerbezahlung vom 14. Juni 1895. Berufsstatistik fiir das Deutsche Reich im Ganzen. Erster Theil........................................... 624-627 842 INDEX. Digest of recent foreign statistical publications—Concluded. Page. Statistiea degli Scioperi avvenuti nell’Industria e nelFAgricoltura durante l;anno 1895 (Italy)..... . . .................................................. . 627-629 Travail du Dimanche: Etablissements Industrlels (non compris les mines, minieres et carrieres) (Belgium)........................................... . 790-792 Statistique des Greves et des Kecours & la Conciliation et a FArbitrage survenus pendant FAnn6e 1896 (France)........ ................... .................792-797 Onderzoek naar de gescbiedenis en werkzaamheid der Yakvereenigingen. Bijdragen tot de statistiek van#Nederland. IY ..................... ' 797, 798 Digest of recent reports of State bureaus of labor statistics: California............... ....... ...........................-- - - ..................................... . 602-604 Colorado ........................................................... . .............................. . 375-377 Connecticut................................................-.................................. - ........149-151 Indiana....................................................................................................... 487-491 Maine............................................................. . ..........- .............. .............. 492-494 Maryland............................................................ ...................... ......... 775, 776 Massachusetts ............. 58-67 Michigan.......... .................... .............................. .............................. . 604-606 Minnesota ..................... 67-69 M issouri............................................ ............... ................................. 377-379 Montana................... 606-608 Nebraska.......... .............................. ............................................. .......... 379, 380 New Hampshire.......... ...... ............................ ......... - ........................ ...... 608-611 New Jersey........................ 777-780 New Y ork ............................................................................................... - 151-156 North Carolina......................... ................. ............................................ 780-782 156-158 Ohio.................... Khode Island........... .................. 611-613 Tennessee.................. ............. ........... ....... ............................................. 782,783 Dutch Society for General Welfare......................................... 130-148 Editorial note concerning strikes in, and the productive power of the laborers of, the United States.......................... ............................ ........................... 689, 690 Factory inspection in the United States........ ................................................. 549-568 Government contracts .....................................................^... 112,236, 392,548, 688, 838 Industries, population of the German Empire in 1895 engaged in various___ 71, 72, 624-627 Inspection of factories and workshops in the United States.......................... 549-568 Insurance of workingmen against idleness in Switzerland.......... ................ 169-172 Italians in Chicago.................................................................................. 691-727 Labor bureaus, official bulletins of foreign: Belgium........................................ 76-79 France........................................................................ ................... ........ 75, 76 Great Britain............................................................................................ 74, 75 New Zealand............................... 79 Laws relating to labor: Alabama............................................ 675-679 California .......................................................... .................. .................. 679, 680 District of Columbia................ 91 Idah o........................ 681-684 Indiana.......... ........................................................................ *.............. 537-547 Kansas........ ........................................... 826-829 Maine .................................................. .... ................................................ 684, 685 Missouri............................................................ 830-832 Montana....................................................................................... 833-836 New Jersey................................ 232-234 INDEX. 843 Laws relating to labor—Concluded. Page. New Mexico.............................................................................................. 836,837 New York............................................................................................. 91-104 547 North Carolina........... Oklahoma................................................................................................. 685-687 South Carolina . . . . ..... .................................................................. 234, 235 Utah............................................................... 104-111 Manufactures in Massachusetts, tenth report on the annual statistics of.'... 784-789 Mediation and arbitration., ninth annual report of the board of, of the State of New York.......... ...................................................................................... 159 Municipal or cooperative restaurant of Grenoble, France............................. 594-601 Mutual rights and duties of parents and children, guardianship, etc., under the law.......................................................................... 569-593 Negro, condition of the, in various cities.......................... . . . . . .................. 257-369 Padrone system and padrone banks............................ ................................ 113-129 Prison-made goods, importation of foreign, into the United Kingdom........ 70, 71 Public baths in Europe................................... 434-480 39-57 Eail way relief departments........................................ Strikes and lockouts during 1895 in— Austria..................................................................................... 381-384 Great Britain and Ireland..................................... 160-165 Ita ly ............................................ 627-629 Switzerland.................................................... 384,385 Strikes and lockouts during 1896 in France................................... „............. 792-797 Sunday labor in— Austria......................................................... 496,497 Belgium..................... 790-792 England................... 498 Germany.................................................................................................. 495,496 Switzerland............................................................................................. 497, 498 Trade unions in Great Britain and Ireland, 1894 and 1895 ........................... 615-622 Trade unions in the Netherlands, history and operations o f..... ....... ............ 797, 798 Unemployed in France, study of the question of the.................................... 622-624 Unemployed in the German Empire in 1895, census of th e ............. ........... . 498-503 Work and wages of men, women, and children......................................... ... 237-256 Workers at gainful occupations at the Federal censuses of 1870,1880, and 1890 393-433 Workingmen, insurance of, against idleness in Switzerland'................... 169-172 Workingmen’s dwellings erected by the city of Berne, Switzerland........... 166,167 o