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55th

Congress,

2d Session.

(HOUSE OF REPRESENTATIVES. cDoc.No.20G.
)\
)
Part 0.

BULLETIN
OF THE

NO. 19—NOVEMBER, 1898.
ISSUED EVERY OTHER MONTH.

EDITED BY
CARROLL D. W RIGH T,
COMMISSIONER.

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

WASHINGTON:
GOVERNMENT PRINTING OFFICE.




1898.




CONTENTS.
Page.
The Alaskan gold fields and tlie opportunities they offer for capital and
labor, by Sam. C. Dunham, o f the Department o f L a b o r.................................
Mutual relief and benefit associations in the printing trade, by W illiam S.
Waudby, o f the Department of L a b o r.....................................................................
Digest of recent reports of State bureaus of labor statistics:
Missouri.............................................................................................................................
Montana. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
North Dakota..................................................................................................................
Rhode Isla n d ..................................................................................................................
Tennessee.........................................................................................................................
Digest of recent foreign statistical publications.....................................................
Decisions of courts affecting labor..................................................................................
Laws of various States relating to labor enacted since January 1,1898 ..........
Recent Government contracts..........................................................................................
Index of labor laws published in Nos. 1 to 19 of the Bulletin o f the Depart­
ment of Labor.....................................................................................................................




h i

789-828
829-851
852-855
85o, 8o6
856
857,858
859
860-865
866-903
904-912
913
914-922




BULLETIN
OF THE

DEPARTMENT OP LABOR.
No. 19.

THE ALASKAN

WASHINGTON.

November, 1898.

GOLD FIELDS AND THE OPPORTUNITIES THEY
OFFER FOR CAPITAL AND LABOR.

BY SAM. C. DUNHAM.
[Bulletin No. 1C, the issue for May, 1898, contained an article under
the above title by Mr. Samuel 0. Dunham, an agent of this Depart­
ment, giving the results of a personal investigation in the mining dis­
tricts of the Yukon Yalley and adjoining territory. Mr. Dunham has
since returned to Washington, and supplements his former statement
with the following report o f his later investigations from January 8 to
August 1,1898. He acknowledges his indebtedness to Mr. John D.
McGillivray for valuable information.—0. D. W .]
The ice in the Yukon broke at Circle City on May 12, but the river at
that point was not free of running ice until the 19th, when small boats
began to arrive from upriver points. This date found the community
with food supplies sufficient to last until the arrival of the first steam­
boats, although there was a scarcity o f some articles, such as canned
fruits and condensed milk. Moose meat was scarce during the early
part o f the winter, and sold as high as $2 per pound, but later it became
plentiful, selling as low as 50 cents per pound. On January 10 there
were about 200 people in the town, but a month later the population
had increased to 350 through arrivals from Port Yukon and Dawson,
while at the break-up of the river there were less than 150 people there,
large numbers having departed in March for Dawson and many having
gone to the Birch Creek mines to prepare for summer work.
About 350 men passed the greater part of the winter at Port Yukon,
and many o f these were engaged a large portion of the time in cutting
wood for the two commercial companies. They received $5 per cord,




789

790

BULLETIN OF THE DEPARTMENT OF LABOR.

and cut about 6,500 cords. Eighteen men from Fort Yukon spent two or
three months in prospecting on the Upper Porcupine and Salmon rivers,
returning in April or May, and reporting that nothing had been found.
A party of twelve went to the southward on a prospecting trip in the
Beaver Biver country, and had not returned up to June 27. It is there­
fore impossible to verify the current rumors relative to rich strikes on
that stream and its tributaries. Twenty-one went to the headwaters of
the Gens de Large Biver, a stream emptying into the Yukon from the
north about 30 miles below Fort Yukon, and from there crossed over to
the headwaters of the Koyukuk. They reported that good prospects
were found on numerous tributaries of the Koyukuk, but no ground of
unusual richness was found. The diggings are about 400 miles from the
mouth o f the stream, and can be reached by small steamers. During
the latter part o f the winter a few men left Fort Yukon for Minook, and
a large number went to Circle City and Dawson, so that by June 6 there
were but ninety people, exclusive of Indians, in the town, and all but
ten or twelve o f these left for upriver points duriug June.
There was considerable sickness at Fort Yukon, and the small hos­
pital was full nearly all winter, three deaths occurring. There were
fifteen men who were too old or feeble to work, their ages ranging from
55 to 70 years. Much sickness prevailed among the Indians, principally
o f a pulmonary character, and there were nineteen deaths between
August 1, 1897, and June 1,1898.
A record o f the temperature last winter and spring at Fort Yukon,
which is just within the Arctic Circle, shows that the average tempera­
ture for December was 8 degrees below zero ,• January, 24 degrees below;
February, 29 degrees below 5 March, 6 degrees above 5 April, 36 degrees
above $ May, 49 degrees above. The coldest day was January 16,
when the thermometer registered 62 degrees below zero. The longest
period o f continuous low temperature was from February 14 to 23,
inclusive, the thermometer showing for the ten days the following
readings below zero: 40,48,52,52J, 42,52£, 54,42,56,38. While dwellers
in more salubrious climates will no doubt read these figures with a
shiver, the old-timers are unanimous in saying that the winter of
1897-98 was the mildest ever known in Northern Alaska. Be this as
it may, the weather on the Yukon last winter, on account of the dry­
ness o f the atmosphere and the absence o f winds, was almost uniformly
pleasant. A temperature o f 50 degrees below zero there brings no
more discomfort than 30 degrees below in the Dakotas. The writer has
experienced far more disagreeable weather in Minnesota and Montana
than that which prevailed last winter at Circle City.
The principal interest in mining on the Yukon still centers in the
Klondike district, but there was considerable activity during the
winter on the American side. A number o f stampedes from Dawson
to the Forty Mile, American Creek, and Seventy Mile districts occurred,
and all o f the old creeks in those districts were restaked, while many




THE ALASKAN GOLD FIELDS.

791

new creeks were located and to some extent prospected. The most
notable developments were on streams near the head o f Forty Mile, the
best results being shown by Chicken Creek, which enters Forty Mile
about 125 miles from its mouth. Discovery claim on Chicken Creek is
reported to have produced $70,000 during the season, only five men
being employed. Dome Creek, in American territory, has shown $4 to
the pan. Large areas of placer ground on Forty Mile and its tribu­
taries were located in 20-acre claims for hydraulic purposes, quite a
number o f associations of eight persons taking up 100-acre tracts, as
they are allowed to do under the United States mining laws. Many
claims thus relocated have in the past produced from $6 to $10 per day
to the man, but were abandoned for the richer ground on the Klondike,
and it is the opinion of experts that large returns will be obtained
under hydraulic processes. Several companies have made contracts
for the introduction of hydraulic machinery, and it is probable that
during the season of 1890 a thorough test will be made o f the possibili­
ties in this direction. The output for the past season is estimated at
$200,000. Several hundred men ascended Forty Mile during the spring,
and in the latter part of June prospectors were passing up the stream
at the rate o f fifty per day. As most of those entering the district are
practical miners and fairly well outfitted, it is safe to predict that Forty
Mile will show a large output as the result of the coming season’s work.
The American Creek district was thoroughly prospected last winter
and a great deal of development work was done, but it was impossible
to secure any accurate data in regard to the output. It is reported
that some claims yielded 3 ounces per day to the man. Several claims
have been sold at prices ranging from $5,000 to $15,000. A t the mouth
o f Mission Creek, of which stream American Creek is a tributary, a
town known as Eagle City has sprung up during the past few months,
and on June 25 there were about 300 people there, living principally in
tents. A number of substantial log houses have been built, and many
more are in course of construction. This is the natural distributing
point for the Forty Mile district, there being a short portage over a low
divide, and the mines at the head o f Seventy Mile can also be reached
from American Creek. The commercial companies are establishing
trading posts at Eagle City with a view of supplying the American
Creek, Forty Mile, and Seventy Mile diggings. Capt. P. H. Ray,
U. S. A., located a military reservation at Eagle City in February last,
and has recommended the establishment of a post there.
Much prospecting and some development work have been done in the
Seventy Mile district. Over forty new creeks have been staked, the
locations numbering over a thousand. A few sales are reported at small
prices. Old timers have great faith in the future of Seventy Mile, and
hundreds o f men will try their luck in the district the coming year. A
town site has been located at the mouth of Seventy Mile Creek, and
the place is known as Star City. A number of buildings were in course




792

BULLETIN OP THE DEPARTMENT OP LABOR.

o f construction there June 25 and the town contained a population of
about 250.
The Birch Creek district, for which Circle City is the distributing
point, still maintains its position as the richest and most productive
gold field on the American side. A score or more o f the owners o f
Birch Creek claims returned from Dawson during the winter and
worked their properties in a limited way, the scarcity o f miners and
supplies making it impossible to operate the mines to their full capac­
ity. Early in June the owners o f two adjoining claims on Mastodon
Creek sent requisitions to their agents in Circle City for 200 miners for
summer work, but they were able to secure the services o f only 8 or
10 men. A t that time about 350 men were at work in the district, and
it is estimated that the output will reach #500,000, half o f this product
coming from Mastodon. Eagle Creek has produced some dumps which
washed up #2.50 to the bucket or 50 cents to the pan. A rich discov­
ery was made during the winter on the Forth (or Miller) Fork of Eagle
Creek, prospects showing as high as #2 to the pan. Many 20-acre
claims have been located in the district for hydraulic purposes, and a
number o f properties have been bonded, sales of this nature having
been made at prices ranging from $5,000 to $40,000. Wages remain at
$1 per hour.
Coal Creek, 50 miles above Circle City, was thoroughly prospected
during the winter, and was staked for 30 miles. While no large pay
was found, the creek promises well for hydraulic operations. This
statement is also true o f many creeks in the American Creek and Sev­
enty Mile districts.
On April 16 a discovery was made on Jefferson Creek, a small stream
coming into the Yukon from the eastward about 4 miles above Circle
City. The discovery was made about 8 miles from the mouth o f the
creek, 13 cents being found in the first pan washed. A stampede
immediately followed, and within two days the creek was staked from
its mouth to its source, a distance of 16 miles, and many of the tribu­
taries were also staked. Some attempt has been made to boom this
creek, but up to June 25 no pay had been found, although a shaft had
been sunk to bed rock, the prospectors employed in this work report­
ing that they did not find a color.
About twenty Birch Creek miners left the district in midwinter on
a prospecting trip to the Tanana River, whence marvelous tales of rich
placer ground have come for several years. They struck the stream
about 150 miles southwest of Circle City, and sank several holes to bed
rock, but found nothing. It is reported that a party of prospectors
who reached the headwaters o f the Tanana by way o f Forty Mile
Creek found good pay on several small creeks, but these reports lack
confirmation.
The Minook district shows very satisfactory developments as the
result o f last winter’s work. Three or four steamboats, having several




THE ALASKAN GOLD FIELDS.

793

hundred passengers aboard, were caught in the ice last fall in that
vicinity, and a town known as Eampart City sprang up at the mouth
o f Minook Creek, about 50 miles above the Tanana. The town, which
is well built, had a population during the winter of four or five hundred,
many o f whom thoroughly prospected quite a number of the principal
creeks in the district. No ground of value has been opened up on
Minook Creek. Little Minook, which enters Minook Creek about 8
miles from the Yukon, has proved to be the best creek in the district.
There are about thirty claims on the creek, each 1,000 feet in length,
and most o f them paid wages. From No. 6 to No 10, inclusive, the
claims are rich, so far as developed. No. 8 produced $30,000 from 45
feet o f ground. This output was the result of five months’ work by two
men. Nos. 6 and 9 are also very rich. On Hunter Creek, 2 miles nearer
the Yukon, coarse gold has been found all along the creek. Two men
on No. 1, above Discovery, shoveled in for a short time from the rim
rock, 10 feet above the bed of the creek, and averaged $20 each per
day for the time employed. There is pay in the benches along Hunter
Creek. Quail Creek, which is near the head of Hunter Creek, was
discovered late in the’ season, and 15 or 20 men are working there.
The ground is shallow, making good summer diggings. Prospects
running from 25 to 40 cents to the pan have been found. On Julia,
Leonora, Miller, Hoosier, Gold Pan, and Chapman creeks, all of which
run into Minook parallel with Little Minook, coarse gold has been
found. The claims have not been worked, but simply represented.
About April 10,1898, a discovery was made on the hillside above No. 9,
on Little Minook, and within a few days $1.60 to the pan was obtained.
There was immediately a stampede, and the hilltops between Little
Minook and the Yukon were all staked. This formation is similar
to that on the hills between Eldorado Creek and Skookum Gulch in
the Klondike district. It is supposed to be an old river bed or glacier
channel, and can be distinctly traced for miles by the bowlders and the
gravel shown on the surface. W ith a crude rocker $67.50 was taken
out in six hours, and the hillside claims have yielded nuggets weighing
from $4 to $8 each. Work is being prosecuted there now. The claims
are 1,000 by 660 feet. Surface water is utilized in the spring for wash­
ing up the dumps. Minook gold is coarse and very pure, the returns of
the Seattle assay office showing that it mints $19.50 per ounce. The
largest nugget taken out in the Minook district during the winter
weighed $184. A great many nuggets were found, the owner o f No.
8 on Little Minook having taken out $3,500 in nuggets weighing from
$6 to $60 each. There are a great many creeks in the district which
have not been staked or prospected. Several quartz locations have
been recorded, but they have not been proved to be of value. The ore
is refractory, selected specimens assaying as high as $200 per ton.
There is plenty o f wood on every creek for cabins and firewood, while
there is an abundance of water and sufficient grade for sluicing. The




794

BULLETIN OF THE DEPARTMENT OF LABOR.

total output for the district for the season was between $100,000 and
$120,000. On Russian Creek, which enters the Yukon about 4 miles
below Rampart City, good prospects have been found, running from 15
to 30 cents to the pan.
A s predicted m the former report, there was no serious shortage of
supplies in Dawson during the winter, although many articles o f lux­
ury were exhausted long before the opening of the river. Condensed
milk sold for $3 per can 5 tobacco, $5 to $10 per pound; coal oil, $40 per
gallon, and whisky, $40 to $75 per gallon. A representative o f the
Alaska Commercial Company made the following statement:
Flour sold as high as $180 per sack o f 50 pounds, a great deal being
sold for from $50 to $150 per sack. A large number of men who had
good outfits sold them aud went out over the ice, and this greatly
relieved the situation as to the food supply. W e asked the miners to
let us keep as much food as they could spare in order that wo might
help out others; so, from time to time, we had some supplies for cases
where there was actual need. A man could buy frcm us a sack o f flour
for $6 and go outside and sell it for $150. There was the greatest induce­
ment to rascality. The police could not arrest a man and confine him
for the reason that they could not feed him ^at the barracks. They
could not punish a man for stealing. Up to the time of the break up o f
the ice flour sold as high as $60 per sack, although it sold on the gulches
in March as low as $30. During the winter moose meat was obtainable
at $1 to $1.25 per pound. Beef lasted till spring, when some o f it had
to be thrown away; price, $1 per pound. Mutton lasted nearly all
winter, and sold uniformly at $1 per pound. In my opinion the diffi­
culties in regard to the food supply will be twenty times more serious
this year than last, and unless immediate steps are taken to get the
destitute people out of the country the Government will be obliged to
issue rations to at least 10,000 people at Fort Yukon and St. Michaels
during the coming winter.
Firewood cost $40 per cord during the winter as a rule, as high as
$60 and $75 being paid in special cases.
Nails sold for $5 per pound.
Small boats began to arrive from the lakes during the second week
in May, bringing down large quantities o f fresh vegetables, eggs, and
fruit, as well as many other articles o f luxury.
Oranges and lemons sold as rapidly as they could be handed out for
$1.50 apiece, while apples met a ready sale at $1 apiece. A s late as
June 12 oranges sold for 75 cents apiece, lemons and apples bringing
50 cents. On June 24 oranges cost 50 cents apiece and lemons $3 per
dozen.
The first eggs brought down the river sold for $18 per dozen. Within
a week they dropped to $10; on June 10 they were selling for $3, and
on June 15 they could be bought for $1.50, but their quality was not
guaranteed.
Oysters, on the opening o f navigation, sold for $20 per can, and on
June 25 cost $10.
Canned roast beef sold at $1.40 per pound; moose meat, $1.75 per




THE ALASKAN GOLD FIELDS.

795

pound; Lain, $1.75 per pound; fresh sausage, $1.25 per pound; fresh
fish, $1.25 per pound; sugar, $1 per pound; condensed milk, $1.50per
can; salt, 50 cents per pound; lobster (one-half pound can), $3; fresh
onions, $1.50 per pound; potatoes, $1 per pound; canned butter (2|
pounds), $10; canned tomatoes, $3.
A s late as June 25 tobacco was selling at retail for from $5 to $7.50
per pound; cigars, $25 per 100, and cigarettes, 50 cents per package.
On the above date flour sold on the river bank for from $3 to $0 a
sack; bacon, 25 to 40 cents per pound; granulated potatoes, 35 to 50
cents per pound; butter, $1 per pound. These abnormally low prices
were due to the fact that the sellers had become disgusted with the
situation and were anxious to leave the country.
During the latter part of the winter there was a whisky famine, what
little stock there was being in the hands of a few saloon keepers, who
charged $1 per drink. The first liquor to reach Dawson from upriver
was 100 gallons o f brandy, which sold for $75 per gallon. A favored
individual, who had a permit for the entry of 2,000 gallons of whisky,
arrived in Dawson early in May, and within an hour sold his cargo
in bulk for $45 per gallon. He subsequently assured his Mends that
after paying all fees and legitimate expenses he had cleared by his
venture the sum of $60,000. This supply was consumed within a
few days. On June 8 the steamer May West arrived from below with
16 barrels of whisky, which was retailed by several saloons at $1 per
drink. The steamer Weare, which arrived on June 11, brought up from
Port Yukon 47 barrels of whisky and high wines and several tons of case
liquors. The whisky was immediately distributed among the numerous
saloon keepers, in accordance with orders placed by them, and within
a few hours a score o f saloons were running in full blast and selling
whisky at the old price of 50 cents a drink. The price charged for the
liquor by the commercial company was $25 per gallon. One saloon
keeper, whose allotment was 5 barrels, turned his purchase over to
another dealer for $37.50 per gallon, stating, as he received payment,
that while he was grateful to the company for its kindness in selling
him such a liberal supply, his duty to his customers required him to
make the sacrifice, he having provided his bar from other sources with
a better grade o f whisky.
Large profits were made in clothing and all lines of furnishing goods
brought down the river. Ordinary sack suits, which sell in the States
for from $10 to $20, brought from $50 to $80 in Dawson; hats, which
sell outside for $1.50 at retail, sold for $7; cowboy hats, costing $3 at
retail in the States, sold for $10; shirts, which could be purchased out­
side .for 75 cents, were disposed of readily for $6; and $3 shoes sold
for $15. Two men, who brought in a selected stock of merchandise
weighing about 10 tons, sold their cargo in bulk to local dealers for
$65,000, making a profit on the transaction of $48,000.
Notwithstanding the immense profits, amounting in many cases to




796

BULLETIN OF THE DEPARTMENT OF LABOR.

respectable fortunes, made by the more fortunate speculators, a very
large proportion o f those engaged in the enterprises enumerated above
made but little, i f any, profit, while many met with actual loss owing
to the fact that the market was greatly overstocked with the lines of
goods they brought in. Moreover, a number of boats loaded with mer­
chandise were wrecked in Thirty-Mile Eiver and at the rapids, and the
owners suffered a total loss of their cargoes. So the statement made
in the former report still holds good, that while this field o f enterprise
yields enormous returns in case of success, the difficulties and risks are
so great that conservative men who know the conditions are loath to
enter it.
One restaurant kept open almost continuously during the winter,
with the following bill of fare tacked on the wall: “ Bowl of soup, $1 ;
mush and milk, $1.25; dish o f canned corn, $1.25; dish of canned
tomatoes, $2; stewed fruit, $1.25; slice o f pie, 75 cents; doughnuts,
pie, or sandwich, with coffee or tea, $1.25; beans, coffee, and bread, $2 ;
plain steak, $3.50; porterhouse steak, $5.” After small boats began to
arrive in May restaurants were opened on every band, and on June 20
seventeen were running in Dawson, the charge for a regular meal being
$2.50. Meals consisted o f bread and butter, coffee, soup, fish, a small
moose steak or stew, a potato, eggs, and pudding or pie. A porter­
house steak ordered by the card cost $5; poached eggs on toast, $2 ;
hot cakes and maple sirup, $1. A leading restaurant, having a seating
capacity o f thirty-two, employed three cooks, one of whom received
$100 per week, and the others $1 per hour. Four waiters (two men and
two women) were employed on the day shift and two on the night shift—
wages o f the men, $50 per week, the women receiving $100 per month.
Dishwashers and yard men received $5 per day. A ll employees were
boarded by the restaurant, but were required to lodge themselves.
The rental o f the building, which is a canvas structure 20 by 40 feet in
size, was $900 per month.
The wine card o f a leading restaurant for June 20 read as follows:
“ Champagne, $20 per pint, $40 per quart; sherry $15 per pint, $25
per quart; claret, $15 per pint, $25 per quart; ale, $5 per bottle; halfand-half, $5 per bottle; mineral water, $3 per bottle.” Notwithstand­
ing the high figures appearing on a Dawson wine card, it is quite as
frequently consulted as the more elaborate wine card of a first-class
restaurant in our large cities.
Lodging in bunk rooms, containing from 12 to 24 bunks, costs $1.50
per night. A single room costs from $3 to $8 per night. In order to
secure a night’s lodging it is necessary to make application forty-eight
hours in advance, and the application must be accompanied by the
cash.
The leading gambling house and dance hall employs three bartenders,
two weighers, a bookkeeper, and a porter. Bartenders receive $15 per
day; the bookkeeper, $17.50; weighers,$15; and the porter, $10. In the




THE ALASKAN GOLD FIELDS.

797

gambling department, one man at the crap game, one mail at the rou­
lette wheel, four faro dealers, one weigher, and two stud-poker dealers
receive $20 a day each. In the dance hall twelve women are employed
at $50 per week and 25 per cent commission on all drinks and cigars
sold through their blandishments. Three musicians receive $17.50 per
day each. The establishment pays $10 a barrel for water, using two
barrels a day.
The proprietor of the leading saloon states that his receipts for the
first three days after his “ grand opening” in March amounted to
$15,000, and the average daily bar receipts from April 1 to June 20
were over $2,000.
The Pavilion (a variety theater and dance hall) opened about the
middle o f June, and the bar receipts the first night were $12,200. The
theater had three actors and six actresses under engagement, at $150
each per week. Eight girls are employed in the dance hall, their com­
pensation being 25 per cent commission on drinks and cigars consumed
by their partners. A s champagne sells in this establishment for $40 a
pint, and is frequently called for, their earnings are large, even meas­
ured by Klondike standards, one girl stating that her commissions for
the first week amounted to $750.
The one tinsmith in Dawson did a large business during the winter,
principally in the manufacture of stoves, over 600 having been made,
ranging in price from $40 to $75. Quite a number of ranges were
made; a range constructed of Ko. 16 iron, 5 by 3 feet, costing $300,
and a pastry oven with a capacity of 72 loaves costing $560. This
establishment sells a Yale night-lock for $6 and a pair of door butts
for $16. Prom five to ten workmen were constantly employed during
the winter, at $1.50 per hour. The charge for outside work has been
increased from $2 to $3 per hour.
The principal firm of contractors and builders on June 20 had twelve
men employed in the shop on various kinds o f woodwork, at wages
ranging from $10 to $17 per day. Skilled woodworkers receive $17,
carpenters $15, and laborers $10 per day, ten hours constituting a day’s
work. The charge for outside work is $20 per day. This firm charges
$250 for a poling boat 24 by 4 feet in size.
Three tailor shops were running full of orders June 20. They charge
$135 for a sack suit and $150 for a dress suit, and pay their workmen
$1.50 per hour.
On the same date four barber shops were in operation, employing from
two to five barbers each. The prices are as follows: Shaving, $1; hair
cutting, $1.50; shampooing, $1.50; baths, $2.50. A barber receives 65
per cent o f the receipts of his chair, making from $15 to $40 per day.
The four laundries in operation charge 50 cents each for washing
undershirts, 75 cents for overshirts, and $1.50 for white shirts, and pay
their help $1 per hour.
Three sawmills, running day and night at their full capacity, produce




798

BULLETIN OF THE DEPARTMENT OF LABOR.

about 800 feet per hour each. Rough lumber now costs $150 per thou­
sand, as against $140 last year, a like increase having been made in the
price o f other grades o f product. The increase in price was caused by
the scarcity o f logs. Wages remain the same as last year. A sawmill
has been erected on Bonanza and another at the mouth of Bear Creek.
Three or four typewriter operators keep fairly busy, charging 50 cents
per folio and 25 cents for duplicates.
During the winter newspapers brought in over the trail found a ready
sale at $2 apiece. On June 13 a news stand displayed for sale news­
papers and periodicals as follows: New York Journal and World, April
13; San Francisco Call, May 6; Seattle Post-Intelligencer, May 8 ;
Puck, April 6 : Judge, April 9; Harper’s Weekly and Leslie’s Weekly,
April 7; Scribner’s and Cosmopolitan for April. The price of the maga-zines, Puck and Judge, and the Journal and World was $1 each, while
the weeklies and other papers sold for 75 cents each.
Large sums o f money were made by packers at Dawson during the
winter. Twelve head of horses wintered there and were used success­
fully in sleddiDg supplies to the mines. One packer who worked five
horses states that he cleared $25,000 as the result of his winter’s work,
although he had to pay as high as $1 per pound for feed and $ 1,200 per
ton for hay. This is in marked contrast with the experience of the
unfortunate packer whose disastrous journey to Circle City last fall
was described in the former report, and it may be interesting to state
here that the three horses constituting the remnant o f his pack-train
returned to Dawson in March, making the trip over the ice in nineteen
days and drawing 950 pounds each on Bleds. On June 25 they wore in
excellent condition, and had been for some weeks earning $200 a day
for their owner.
Just before the breaking up o f the ice on the Klondike the rates for
freighting reached the highest point ever paid on the Yukon, as high
as $000 per thousand feet being charged for hauling lumber to 36 Eldo­
rado, 17 miles from Dawson. On June 20 the rates for packing to The
Forks (13 miles) was 40 cents per pound, 10 cents greater than last year,
while packers receive the same wages, $250 to $300 per month and
board. Feed is scarcer than last year, oats costing from 30 to 50 cents
per pound. Hay is shipped from Seattle, and has sold this summer as
low as $250 per ton, the prevailing price being $350 per ton.
During the spring a great many horses and mules were brought down
the river in scows, and on June 25 there were between 200 and 300 head
in the district, nearly all being used in packing to the mines and in
prospecting. Prices ranged from $250 to $750 per head. A t the above
date there were ten 2-horse teams at work in Dawson, hauling lumber,
etc., the charge for services being $10 per hour, and all the teams were
working ten or twelve hours a day. Drivers received $300 per month
and board.
Considerable attention is being paid to vegetable gardening in the




THE ALASKAN GOLD FIELDS.

799

vicinity of Dawson. One man Las 7 acres planted in potatoes, ruta­
bagas, cabbage, lettuce, and radishes. He had three men employed in
June at $1.50 per hour each, and stated that he expected to make a
small fortune from hi3 garden this season.
On June 11 the Yukon Midnight Sun, the first newspaper printed in
Dawson, made its appearance. It is a three-column, eight-page sheet,
published weekly at $15 per year; single copy, 50 cents. On the 16th
the first number o f the Klondike Nugget was issued. It is a four-col­
umn folio, issued weekly, the subscription price being $16 per year;
single copy, 50 cents. Each office employs two printers, their wages
being $1.50 per hour or $2 per thousand ems. TTp to the 20th o f June
between twenty-five and thirty printers had applied at the two offices
for employment. The job-printing department of each office was full
o f orders, the charge for letter heads, billheads, and business cards
being $35 per 1,000, and for sixteenth-sheet posters, $25 per 100. On
June 25 four or five men were on the ground who announced that they
had printing plants on the way, and it is probable that before the close
o f the summer there will be six or seven printing offices running in
Dawson.
Building operations in Dawson were quite active during the spring,
and on June 25 the front street, which in October last contained but a
score of scattered buildings, presented for four or five blocks a solid
line o f substantial structures, quite a number o f which cost from
$20,000 to $30,000 each, while between two and three hundred resi­
dences had been built on the hills overlooking the town. Dressed
lumber is very largely taking the place of logs in the construction of
buildings.
There was great activity in the Dawson real-estate market all winter,
prices steadily advancing. Property on the front street, centrally
located, increased in value from $500 to $1,000 per front foot within
two months during the latter part o f the winter, and many sales were
made. Besidence lots near the hospital, at the lower end of town,
were worth from $250 to $2,000, the latter price having been paid for
lots on high ground near the springs. The size of residence lots in this
section is 50 by 60 feet. Lots on back streets, in the flat, sell for from
$100 to $1,000, according to location. The prices of business property
on back streets fluctuated greatly. A lot 50 by 100 feet on Second
avenue (the second street from the river), which sold in May for $10,000,
could have been purchased on June 25 for $5,000. This sudden depre­
ciation in values is attributed by property owners to the action of the
Canadian authorities in leasing the river front to a syndicate for build­
ing purposes. A strip of land on the river bank, 1,050 feet in length
and varying in width from 50 feet down to a point, has been appropri­
ated as a Government reservation and leased for $30,000 per year.
The lessees charge a ground rent of $8, $10, and $12 per front foot per
month, the rental varying according to the depth of the lot. This




800

BULLETIN OF THE DEPARTMENT. OF LABOR.

entire tract lias been solidly built up, being occupied by restaurants,
small stores, laundries, etc., and yields to the lessees a gross income of
about $10,000 per month.
The Alaska Commercial Company and the North American Trans­
portation and Trading Company, working in harmony, on June 1
adopted a new scale o f prices for Dawson. The price of flour was
advanced from $12 to $16 per hundred pounds; bacon, from 40 to 50
cents per pound; ham, from 45 to 60 cents; coffee, from 50 to 75 cents;
canned corned beef, tongue, etc., from 50 to 75 cents per can; canned
sausage, from 75 cents to $1, and other food supplies in like proportion.
The price o f shovels and axes was increased from $3 to $4; nails,
from 20 to 25 cents per pound; coal oil, from $6 to $8 per 5-gallon can;
candles, from $6 to $8 per b o x ; gum boots, from $12 to $20 per pair;
whisky, from $17 to $25 per gallon. The average increase on staples
is 331 per cent, and on luxuries, 50 per cent. With but slight modifi­
cations, these prices have been adopted by both companies at all points
on the river. The representative o f the Alaska Commercial Company
at Dawson states that the advance in prices will not seriously affect
the working miner, as he will be given the advantage over the ordinary
])urchaser o f a discount on his year’s outfit which will make its cost but
little more than under the old scale of prices.
Early in June the Canadian Bank o f Commerce and the Bank of
British North America established branches in Dawson, which are now
actively engaged in a general banking business. The banks are put­
ting large amounts o f bank notes in circulation through the purchase
of gold dust and in the ordinary course o f business. During the first
eight days after it opened its doors the Canadian Bank of Commerce
purchased $1,500,000 worth of gold dust. Dust is accepted at $14 per
ounce, the depositor receiving the balance, less deductions, after assay.
The charge for exchange is 1 per cent. The new system is a great
relief and accommodation to the public, as the cost o f exchange pre­
vious to the establishment of the banks ranged from $75 to $100 per
$1,000. Gold dust is still the circulating medium in general use, and
there is much complaint of unfairness in weighing, many o f the smaller
dealers using heavy weights, which give them an advantage over the
purchaser o f from 10 to 20 per cent; but this condition will soon be a
thing o f the past.
The North American Transportation and Trading Company accepts
gold for shipment to Seattle at 2£ per cent per $1,000 for expressage
and 24 per cent per $1,000 for insurance. The Alaska Commercial
Company accepts gold for shipment only as far as St. Michaels, charg­
ing 2 per cent for expressage and insurance to that point. Since the
establishment o f the banks neither company issues drafts.
Complaint is heard on all sides at Dawson in regard to the mining
regulations in force in the district. A t different times during the past
year four sets o f regulations have been in force, all radically differing,




THE ALASKAN GOLD FIELDS.

801

especially as to the size of claims, and as a consequence the records*
are badly confused, rendering it necessary to susi>end locations on
some creeks. The fault does not seem to lie with the gold commissioner,,
who is a conscientious officer and has made every effort to accommo­
date the public, but is attributable to the fact that the regulations are
formulated in Ottawa by officials who are ignorant of local eonditionsr
the gold commissioner having no discretion in their enforcement. The
principal complaint is directed against the royalty of 10 per cent
charged on the output of the mines, and many mine owners have
announced that they will simply represent their properties during the
coming winter or until such time as the royalty shall be declared off
or modified. They feel that the royalty is a discrimination against the
producer, the speculator who purchases a claim for the purpose o f
reselling it escaping taxation.
Under the regulations in force June 25 creek claims are limited te
250 feet along the general course of the stream. The discoverer i&
allowed to locate 500 feet. “ Every alternate ten claims shall be
reserved for the Government of Canada—that is to say, when a claim
is located, the discoverer’s and nine additional claims adjoining each
other and numbered consecutively will be open for registration. Then
the next ten claims, of 250 feet each, will be reserved for the Govern­
ment, and so on.”
A royalty o f 10 per cent on the gold mined is levied and collected on
the gross output o f each claim, the sum of $2,500 being deducted from
the gross annual output of a claim when estimating the amount upon
which royalty is to be calculated.
The gold commissioner’s fees are as follows: Miner’s license, $10;
location notice, $15; transfer, $2; mortgage, $2 ; partnership agree­
ment, $5.
The duties of the mine inspectors are to exercise a general super­
vision o f locations, to see that the law in regard to representation is
obeyed, and to collect royalty. When a discovery is made on a new
creek, the locator is required to report to an inspector, who visits the
creek, if easily accessible, to ascertain whether gold has been discov­
ered. I f the creek is at a great distance, the inspector takes the affi­
davits of the locator and others as to the fact of discovery.
Up to June 23 over 3,000 free miner’s licenses had been issued, and
at that date they were being issued at the rate of forty per day. A
miner’s license gives the holder the privilege of cutting timber for his
own use, for mining purposes, the building of boats, the construction
of cabins, etc. Timber berths are granted to manufacturers of lumber.
These are disposed of at Ottawa, through the department of the
interior. A bonus of not less than $250 per square mile is charged,
and a stumpage of $2 per 1,000 feet is collected. Berths shall not be
less than 1 mile in breadth and shall not exceed 5 square miles in
extent. Not more than five berths of 5 square miles each shall be
7443—
19------2



802

BULLETIN OF THE DEPARTMENT OF LABOR.

issued to any one person in the provisional district of the Yukon. The
yearly license is renewable. The holder has the right to all timber for
firewood or any other purpose. All timber within 3 miles of Dawson
has been reserved for the use of people who desire to cut their own
wood, those without a miner’s license being charged a stumpage o f 25
cents per cord. A ll of the accessible timber lands along the Lewes
and Yukon rivers, from the head of Lake Lindeman to the boundary
line, below Forty Mile, have been taken up by sawmill owners and
speculators.
A charge of 50 cents per ton is made for the privilege of cutting hay.
While, as stated, there is much ill-feeling in regard to the mining
regulations in force in the district, the administration of the civil and
criminal laws gives general satisfaction. Hon. Thomas H. McGuire,
the justice for the Yukon district, prepared the following statement
relative to the local government and the functions o f his court:
The Canadian Government has been very anxious, from the begin­
ning of gold mining in their territory along the Yukon, to provide for
the security of life and property and the preservation of peace and
order. A t first the population was sparse and scattered, and it was
thought that the presence of a police force and officers having magis­
terial functions would be sufficient, until it could be seen to what
extent gold might be found and whether any considerable influx of
miners would take place. In the Northwest Territories there had been
for many years a quasi-military force, known as the Northwest mounted
police, composed o f picked men, the commissioned officers being chosen
with special reference to their fitness for the mixed military and police
duty to be performed by the force. From this police force the Gov­
ernment, in 1895, selected an experienced and tried officer, Inspector
Charles Constantine, who in 1894 had been sent out to the Yukon and
had made a report on the state of things in the district, and sent him
in command o f twenty men to establish a police post at Forty Mile,
which was then the center of the Canadian mining territory. Captain
Constantine and Inspector Strickland and these twenty men came to
Forty Mile and built a post now known as Fort Constantine. Both
officers had magisterial powers, which in Canada are limited to deal­
ing with criminal matters. A s to some offenses, they had jurisdiction
to try and punish; as to more serious cases, they could hold a prelim­
inary inquiry, and if they deemed the evidence sufficient, commit the
accused for trial by a competent court. They had no civil jurisdiction
except in case o f disputes between masters and servants, as to their
hiring, or wages, or desertion of employment.
During 1895 and 1896 the police not only dealt with the various
offenses brought before them, but from the necessity of the case and
the absence of a civil court, frequently dealt with matters belonging
more properly to a civil court. These were chiefly disputes over the
possession o f chattel property, or as to the equitable division of partner­
ship effects, such as food and boats, for persons who had agreed to
prospect and mine in partnership very often fell out on the way and
decided to separate. In these cases the officers when appealed to
would endeavor to act as arbitrators between the angry disputants,
and generally succeeded in effecting a fairly satisfactory arrangement.
These rather informal proceedings had some advantages not pos­
sessed by proceedings in an ordinary court; they cost the parties



THE ALASKAN GOLD FIELDS.

803

nothing, and were prompt and without delay. This mode of dealing
with both crimes and disputes seems to have given very general satis­
faction, for Captain Constantine was a fair and just man and his
decisions were generally accepted as impartial. When, however, the
discovery o f the rich finds on Bonanza and Eldorado set the world on
fire and caused such an extraordinary rush of prospectors and miners
to the Klondike, it became necessary that a regular court o f civil and
criminal jurisdiction should be established. Such, a court already
existed in the eastern portion of the territories, having jurisdiction
generally throughout the province, but so far no judge had been
assigned to reside and administer justice in the Yukon region. The
Government accordingly selected from among the judges of that court
Mr. Justice McGuire, with instructions to establish a court at Dawson.
A clerk of the court, a sheriff, and a crown prosecutor were appointed,
and a new district entitled the judicial district of Yukon created. The
new court officials arrived in Dawson in February, 1898, and at once
addressed themselves to the organization of court work, first dealing
with certain prisoners committed to jail awaiting trial. By the North­
west Territories act certain offenses, such as assaults, including aggra­
vated cases, stealing of property not exceeding #200 in value, and a
few others, can be tried by the judge alone without a jury. As to all
other crimes, with the consent of the prisoner, they can be heard and
disposed of by the judge alone, but the prisoner is entitled in these
cases to a trial by jury. The jury panel is composed of persons chosen
by the judge, from whom six are balloted, the prisoner having the
usual rights o f challenge peremptory and for cause. Bo far no prisoner
has asked for a jury, preferring to leave his ease to the adjudication of
the judge alone. This practice permits o f prompt disposal of offenders.
There are no regular fixed times for the sitting of the court,* it in fact
sits every day but Sunday, and whenever the prosecution and defense
are ready the trial takes place. In case of nonagreement as to a date,
this is fixed by the judge after hearing counsel for the prisoner.
The procedure in civil cases is very simple, being based on and adap­
ted from the judicature act in England. A writ of summons, with a
statement o f claim in ordinary language, is served on defendant, who
has ten days within which to file an appearance and six days further
to put in his defense, which is a simple statement in unambiguous
terms, o f the faets or law relied upon. After the close of the plead­
ings, on application by the plaintiff and on notice to the defendant, a
day for trial is fixed by the judge. In all civil actions where the claim
is ex contractu and docs not exceed #1,000, and in actions in tort not
exceeding #500, the parties are not entitled to a jury; in all other cases
either party may demand a jury of six, selected as in criminal cases.
No regular times for the sittings of court to try causes generally are
fixed, but each case is tried as soon as the parties are or ought to be
ready.
The sheriff is at present Superintendent Constantine, the officer in
command of the police. The police are employed in executing war­
rants and summoning witnesses in criminal causes, and generally in
carrying into effect the decisions of the court.
Owing to the nature of mining business, the large interests involved,
and the frequent necessity for immediate action, a liberal use is made
of the procedure by way of injunction, with or without the appoint­
ment of a receiver. Where the circumstances warrant it, the summons
to the other side to show cause why an injunction should not issue




804

BULLETIN OF THE DEPARTMENT OF LABOR.

contains an interim injunction until the return day of the summons,
usually the second or third day after service.
The population and conditions in Alaska are very similar to those
in Yukon, and a similar mode o f administering civil and criminal law
there would be as suitable as it has been on this side of the boundary
line. A military officer or officers, selected with regard to his or their
coolness and judicial cast of mind, and supported by a sufficient force
o f men, would very satisfactorily enforce law and order in the sparsely
settled portions or in the smaller mining camps. When the growth o f
population has sufficiently increased a court of general civil and crimi­
nal jurisdiction, sitting at some central point, would be required.
It has been impossible to secure satisfactory data relative to the
output o f gold for the Klondike district. Many of the miners refuse to
give any information whatever as to the yield of their mines, referring
inquirers to the office of the gold commissioner, where it was learned
that up to June 24 nearly $500,000 had been collected in royalties,
indicating a gross output thus accounted for o f nearly $5,000,000. A t
that date the clean ups were practically completed, the officials stating
that they would probably collect royalty on $2,000,000 more during
the summer. There has, without doubt, been considerable evasion of
the royalty, and it is probable that for this reason $500,000 will be
unaccounted for, while the claims and lays which have produced
$2,500 or less, and which are therefore exempt from taxation, have
probably produced $1,000,000. The bankers and the agents of the
commercial companies, who have the best means of knowing the facts,
practically agree in placing the output for the season at $9,000,000,
and they divide this aggregate among the creeks as follows: Eldorado,
$4,000,000; Bonanza, $3,000,000; Hunker and Bear, $1,000,000; Domin­
ion, Sulphur, and all other creeks, $1,000,000. (a) Many enthusiastic
writers in newspapers and company prospectuses have placed the prob­
able yield o f the Klondike mines for the season at from $20,000,000 to
$30,000,000, but no intelligent man on the ground who is acquainted
with conditions has placed the figure above $12,000,000. The mint
returns and statements o f private purchasers show that about
$2,750,000 in gold dust was received from the Yukon up to August 1,
less than $300,000 o f this amount Coming from points on the river below
the Klondike, and it is estimated by the mint officials that $4,000,000
more will be received by the close o f navigation. This would leave in
the Klondike district fully $3,000,000 of the past season’s product, in
addition to the $1,500,000 or $2,000,000 held over from last year. It is
probable that a much larger amount than that estimated by the mint
officials will be brought out, but it is safe to say that at least $3,000,000
in gold dust will be retained in the district as a circulating medium
a The mint returns and reports from private melters and refiners show that on
November 1 the total receipts o f gold from the Yukon since July 1 had amounted to
$10,055,270. These figures indicate that the estimate given in the text is probably
$2,000,000 below the actual output.




THE ALASKAN GOLD FIELDS.

805

and for investment in mining properties and business enterprises. The
fact that money commands from 5 to 10 per cent interest per month
will have an important effect in keeping gold dust in the country.
The returns from the Seattle assay office show that Eldorado gold
mints from $14.70 to $15.60 per ounce and Bonanza from $15.60 to
$17 per ounce.
While the output as here stated must prove disappointing to many
people on the outside who have invested in Klondike properties, and
who have been led by alluring prospectuses to believe that it would be
three or four times as great as it really was, the production is remark­
able when the adverse conditions are considered. Owing to the
scarcity of provisions, many men who were anxious to work were
unable to do so, and it is probable that at no one time during the sea­
son were there more than 2,000 men at work, while less than 1,000
made full time for the working jrnriod of about six months. This would
indicate a production of over $9,000 to the man—a most extraordinary
yield, and one which was probably never equaled in any other placer
mining district in the world.
There have been no new developments during the winter in the
vicinity of Dawson worthy of special mention, except on Dominion
and Sulphur creeks and in the bench claims at the mouth of French
Gulch. A great many stampedes occurred, and up to June 23 the
number o f recorded claims in the district had increased to nearly 9,000,
as against 1,000 October 1, 1897. A large number of bench claims
were located, there being on June 23, approximately, 300 such claims on
Eldorado, 300 on Bonanza, 50 on French Gulch, 30 from Little Skookum
over to Eldorado, and 15 on Sulphur Creek. As the result of inquiry
among intelligent operators and conservative mining experts, it is possi­
ble to make a detailed statement relative to the season’s developments
and the character o f the various creeks:
Eldorado forks at claim No. 47, where Chief Gulch comes in from the
southeast. Good prospects have been found above the forks, but no
mines have been proved. From 38 to 47 little has been done, but that
portion of the creek may be as good as the rest. A ll below 38 is
known to be good. In one respect Eldorado is better than any creek
ever worked in the district, or in any other part of the world; that is,
all the claims from the mouth up to 38 that have been prospected at
all have proved to be very rich, and uniformly rich. There is not a
claim in the 4 miles that is not worth $200,000, and few of them are
worth as little as that, some being worth a great deal more.
On Bonanza the last winter’s work was done largely by layholders.
The fact that the owners gave their claims out on lays is a pretty
good indication that they had not proved the value of their claims or
they would not have given a lease at 50 per cent. Many layholders
complain that they made only wages or but little more, and in some
eases less. This is particularly true of Bonanza below Discovery,




m

BULLETIN OF THE DEPARTMENT OF LABOR.

where many lays were abandoned during the winter j yet on a number
o f claims a long distance down Bonanza, as far as 60 below Discovery,
it is claimed that very good pay was taken out. Some of these repre­
sentations may be caused by a desire to boom values f but in other
cases it is pretty certain that very good claims have been proved. The
best claims on lower Bonanza are not, at best, one-half as rich as the
ordinary claims on Eldorado. On upper Bonanza, in the 20’s and 3(f s,
very rich pay has been found—in many cases nearly, if not quite, as
good as in some o f the Eldorado claims. From a little below Discovery
to about 40 above Discovery on Bonanza a large proportion of the
claims have been proved to be rich. This is about the same number
of claims that have been proved on Eldorado up to Chief Gulch.
Bonanza is much wider than Eldorado, and consequently has not been
as thoroughly prospected as the latter, and as far as known the profits
o f working would not be much more than one-third as much as the
profits of Eldorado claims. Bonanza is more spotted than Eldorado,
where the pay is confined in a narrow channel.
Hunker Creek is much like Bonanza so far as the developments show,
being spotted. From Discovery down to about 40 below nearly all the
claims that have been exploited to any extent have proved to be as rich
as, if not richer than, the average good claims on Bonanza from Dis­
covery up. Below 40 to the mouth and above Discovery very little
work has been done. Lower Hunker is very wide, and offers good
opportunities for hydraulic mining, if feasible methods of hydraulic
mining can be brought into use.
Bear Creek, from 19 above to 19 below Discovery, has six or eight
claims that have been worked and have turned out very well, compar­
ing favorably with good Hunker and Bonanza claims, but nothing like
as rich as Eldorado claims. The remainder o f Bear Creek has not been
prospected.
Gold Bottom Creek has one or two good claims, and others are likely
to be found.
A ll Gold Creek is proving better than was generally expected last
year.
Monte Cristo, Fox, Examiner, Mosquito, Klondike Bar, Alki,
O’KeiFs, Lindow, Leotta, Lucky, Independence, Victoria, Quigley,
Kugget, Magnet, Adams, Hester, French, Montana, and Ganvin creeks
have all been located their full length, and there has been considerable
speculation in the properties on those creeks during the past winter j
but no reports o f rich discoveries on them have been received in Daw­
son, and if any rich prospects had been found they would have been
reported. It is safe to say, therefore^ that while the creeks may turn
out well, they have not been proved as yet. The fact that they have
not been proved is no indication that there may not be rich claims on
them. So far, on none of the creeks, except the four or five rich ones,
have any claims been proved o f value except very near the mouth of a




THE ALASKAN GOLD FIELDS.

807

few of them; for example, the first two claims on Skookum, a branch
o f Bonanza, have been proved to be quite rich. So it is with a number
of other of these creeks; but farther up, while good prospects have
been found in a number o f cases, no claims to compare with even the
good, average Bonanza claims have been proved. People have taken
claims on these tributaries or “ pups” to the States for the purpose of
selling them, representing that they are as valuable as claims on the
main creek. So far as known, none of these claims on pups, except at
or near the mouth, have been proved to be o f value. It would be
unwise for anyone outside to buy claims on any of these creeks except
upon the reports of experts after examination.
Along the hillsides from No 6 Eldorado, across a low divide into
Skookxtm, across Skookum and Little Skookum, but lower down on
Little Skookum, and down into Bonanza, are some extraordinarily
rich bench claims. In most cases the pay lies within three or four
feet of the surface. The nuggets found here are unworn, showing they
have moved but a short distance; in fact, they are less worn than the
nuggets found in Eldorado and Bonanza. Many o f the shafts sunk in
this territory have uncovered very little pay, and the total number of
claims that pay well is very small compared with the total number
located; but further prospecting may and very probably will develop
a great many more claims that will pay very well, even under present
methods of working. A t any rate, enough has been shown by the
shafts sunk where the poorest pay has been found to indicate that in
time, with cheaper methods of working the hillsides, hundreds of acres
will pay enormous profits. Some modification of the California method
o f hydraulic mining can probably be introduced here.
On the hillside below the junction of French Gulch and Eldorado
six or eight very rich claims have been worked during the past few
months. These claims were discovered about the 1st of March.
They are nearly all on the rim; that is, where the gravel is thin.
Some deep shafts have been sunk farther back, and many shafts have
been sunk all the way to bed rock for half a mile or so below French
Gulch without finding as rich pay as they have been looking for. They
have always found gold, however* The shafts have all shown that
there are splendid opportunities for the introduction o f cheaper
methods.
On Bonanza, at three or four points just below the junction o f pups,
are other bench claims, not as rich as those of French Gulch or
Skookum, but still rich enough to pay for rocking. So far, in nearly
every case, the rich bench claims that have been found are near the
rim of the bed rock as it begins to slope from the deep overcovering
of gravel and other covering at the beginning o f the steep declivity,
and are just below the junction of a small creek with a big, rich creek.
Many o f these bench claims are as much as 300 feet in elevation above
the bottom o f the main creek, on the brow o f the hill.




808

BULLETIN OP THE DEPARTMENT OF LABOR.

The following statement relative to tlie bench claims in the Klondike
district was furnished by a surveyor of the Dominion Government who
has given much attention to the subject:
The bench claims of the Klondike district have probably been more
of a surprise to the average miner than the creek claims of Eldorado
and Bonanza. During the early summer o f 1897 a certain amount of
excitement was created among the newcomers by the discovery and
successful working o f isolated spots on Bonanza that could hardly
be termed true benches, but that were more of the nature of hillside
claims. Then came the locatiop of benches on Eldorado, on muck banks
and slides which covered the creek-claim pay, under a law that provided
that the creek-claim extended only from base to base of the hill, with­
out regard to the lay of the bed rock. It was not until a prospector in
September, 1897, struck his pick into the hillside adjoining the mouth
of Skookum Gulch that the true richness and nature of the bench
claims of the Klondike were demonstrated. Although the surface of
this man’s ground was a steep hillside, he had struck the lip o f a terrace
o f bed rock, and on tunneling into the hill he found that the bed rock
was level with a large mass of gravel overlying it. His first “ color”
was a $20 nugget, and he is said to have taken out $ 1,100 in one day
with the aid o f a rocker. Numerous claims were immediately located
in the vicinity, but as none o f them were worked for some time the
strike gradually came to be looked upon as a pocket. Later in the
season, however, a hole was sunk farther up the hill from the original
discovery, and another on the Eldorado side o f the hill, and good pay
was struck on a higher terrace than that on which the original dis­
covery was made. The usual excitement followed, and miners began to
prospect in earnest. Little Skookum benches were the next ones struck,
and then came the discovery of the extraordinarily rich French Gulch
benches and the Adams Gulch benches. A ll these strikes were at a
vastly higher level than anyone had expected to find gold, and from
the character o f these bench diggings people have been led to discard the
pocket theory in favor o f others that agree more closely with the con­
ditions under which the pay has been found. Taking all the conditions
into consideration, it seems reasonable to suppose that the gold was
originally deposited at a much higher level than that of the present
creek beds, and that the creeks have gradually eroded the bed rock and
crosscut or sluiced down the pay to its present level in the gulches.
Whether similar benches will be struck in the Indian River district
remains to be demonstrated. Reports have reached Dawson of strikes
in that district, but the formation of the country there does not encour­
age the belief that anything similar to Eldorado and Bonanza benches
will be found in that district.
The hills on either side of the gulches have a gradual slope from
the summits to the creek beds, and as far as a superficial examination
of the ground can determine there is no sign of any terrace formation
similar to that on Eldorado and Bonanza; but the face o f the country
is so covered with rock slides, muck, and debris o f every description
that a superficial survey of the ground is inadequate to give any idea
of the lay o f the bedrock, the great determining factor in runs o f gold.
The theory most favorably received as to the original factor in the
deposit o f gold is that it is due to glacial action, the character of the
gravel on the hills confirming that theory, it appearing to have much
more o f a glacial than of a river origin. The probability is that bench
diggings will continue to be found for the next ten years, and each new



THE ALASKAN GOLD FIELDS.

809

strike is liable to be more of a surprise tlian the last one, aud even­
tually for hydraulic companies the hills may prove to be a vastly better
working proposition than the gulches, owing to the latter having so
little grade that it is difficult to obtain fall enough for dump. Once the
water can be brought on to the benches from the creeks (and this can
not be until the latter are worked out), an enormous amount of gold
will be taken from the hillsides, and the world will probably be more
surprised than ever at the wealth of the Klondike.
On the Indian River side two creeks have so far proved of value,
Dominion and Sulphur, which head very close together near one of the
domes, then spread, and finally join before entering Indian River, about
25 miles below. Dominion has been proved, as far as indications go, to
be as rich as Bonanza, and probably richer, from a little below Upper
Discovery (so called) to some distance below Lower Discovery. Alto­
gether 326 claims have been located on Dominion, or about 30 miles.
From some little distance below Lower Discovery Dominion has not
been prospected, yet it has been boomed for the whole distance.
Between the two Discoveries and for some distance on either side (about
4 miles) exceedingly good prospects have been found, and claims range
in value at about $50,000, as against $25,000 in February. Some
claims have been proved to be worth more than the prices offered.
Two claims above Upper Discovery were recently purchased by one of
the most conservative operators in the district for $40,000 each. It
may be said that so far as proved Dominion shows up better than did
Bonanza a year ago.
On Sulphur, from about 40 above to 32 below Discovery (nearly 7
miles), hardly a shaft has been sunk that has not shown very good pay,
and claims in this territory are held at from $20,000 to $40,000, sales
having recently been made on this basis. A claim just below Dis­
covery which was offered for $6,000 in April could not be bought
in June for $30,000. The creek is narrow and the pay somewhat con­
fined, and it can be easily worked. It is about the same as the other
creeks in depth. Owners on Sulphur and upper Dominion who are not
in need of money are holding their properties, believing they will turn
out as rich as claims on Eldorado.
Eureka Creek comes into Indian River from the other side. While
some prospecting has been done, no sensational reports have reached
Dawson, and although claims are held at good prices the developments
have caused no boom.
Quartz Creek, which also runs into Indian River, has never been
prospected to any extent. It is a large creek and may turn out well,
but so far no pay has been found.
Cariboo, Calder, and Ophir lie in the same neighborhood, but have
not been prospected to any extent, and no rich pay has been found on
them.
Gold Run, a branch of Dominion, lately reports good prospects, and
is so situated that it is believed that good pay certainly will be found



810

BULLETIN OF THE DEPARTMENT OF LABOR.

in it. It heads in the divide between Sulphur and Dominion and runs
into Dominion.
A ll other creeks in the Indian River district have been fully located,
but so far, except in some cases on claims near the junction o f the main
stream, show no indications of rich claims. They may be rich, but they
have not been prospected.
O f the creeks flowing into the Yukon immediately below Dawson,
Moosehide is the most favorably situated, being but 3 miles from town.
Good enough pay has been found in the gravel to warrant the belief
that the creek can be worked profitably under some modification of
existing hydraulic methods. Colorado and Dead wood have simply been
stampeded and located, no prospecting having as yet been done.
On all of the streams in the Henderson Creek district considerable
energy has been expended in locating, but very little in prospecting.
While there may be rich pay on Henderson Creek and some other
streams in the district, so far nothing but good, ordinary wages diggings
have been found.
Most o f the creeks entering the Yukon above Dawson are remem­
bered only by the people who stampeded them. Yery little work has
been done on any of them, and no good prospects are reported. There
may be rich pay in all of them, but no work has been done to prove
whether they are valuable or not.
During the winter two men who had been cutting wood on the island
just below the mouth of Enslay Creek, 10 miles above Dawson, sunk a
shaft to bed rock and found pay. They went through 12 feet o f muck
and 25 feet of gravel—round, washed gravel deposited by the Yukon.
Rich pay was found in the seams o f the bed rock. They found small
pay, consisting of fine gold, in the gravel, but irregularly distributed.
Bed rock was reached just before warm weather set in, and little drift­
ing could be done on account of the inflow o f water; consequently it
was not proved whether pay was continuous or only spotted. As high
as $.8 was found in a single pan, the dirt being taken from a bed-rock
seam. The island was given the name of Monte Cristo. Considerable
excitement was caused by this discovery, and all the islands for 15 or
20 miles above and below Dawson were quickly staked. Owing to the
ruling of the gold commissioner, that claims might not be recorded in
any locality until gold had been proven to exist there, most of these
locations have been abandoned, because at that time warm weather was
coining on and it was impossible to sink shafts. That there is consid­
erable gold in the gravel and on the bed rock on these islands—in fact,
in the bed o f the whole Yukon in the vicinity o f Dawson—there can be
no doubt. An island such as Monte Cristo has some advantages for
working, as the current of the river can be utilized for raising water,
pumping, and hoisting gravel. I f the pay should be proved continuous
throughout the island as in the* shaft sunk, it will pay very well to
work it.




THE ALASKAN GOLD FIELDS.

811

Considerable attention has been given to the subject o f dredging for
gold in the river and creek beds, but there are so many opportunities
for the investment o f capital where there is a greater certainty of
return, and so much ground that is not taken up where it is known
that there is pay and where it is known that hydraulic methods, etc.,
can be used to advantage, that it will probably be some time before
dredging in the river bed will be resorted to. Ultimately dredging will
be done, but only after considerable experimenting has been done to
show where there is good pay in the beds of the streams and also after
cost o f working has been reduced, because dredging can not be done
unless the cost is low, for the simple reason that dredges can not handle
large quantities o f gravel as compared with hydraulic appliances. It
would cost a great deal to bring in dredges, and there would be a large
risk in such enterprises. There are certainly great opportunities for
dredging in the Yukon and its tributaries, but it will probably not be
extensively undertaken for the present, as there are many problems to
be solved; moreover, the seasons are short, and it is not known to a
certainty that the bed of the river is not frozen to such an extent that
it will be impossible to work it at all.
Eventually there will be great opportunities for hydraulic operations
in the Klondike district. Eldorado and Bonanza creeks have been
butchered so far by drifting and the subsequent sluicing in summer time
of the dumps, and yet not one-quarter of the gold has been taken out.
Only the richer spots have been worked, and no attempt has been made
to work any except the very rich spots. The result is that to-day both of
those creeks are ruined in many places for a continuation of the present
methods of work. On Eldorado many rich spots are left, where it is
known that there are small beds of gravel containing all the way from
$5,000 to $50,000, which can not be worked, except at great expense,
by drifting or even by summer sluicing. The mine owners all admit
that the only way to obtain the gold from any of these claims is through
some systematic method by which all the gold-bearing gravel and bed
rock may be handled and the tailings disposed of. About half of the
richer claims on Eldorado have been u gophered;” the other half will
probably be next winter, and after that there will be left on that creek,
within the limits of the creek claims, more gold than will have been
taken out. That this will be mined in time there can be little question.
The same may be said of Bonanza in a general way and in different
proportion. Some parts of Bonanza that are known to be rich have not
been touched. Ultimately all of the creeks upon which work has been
done so far will be worked by some sluicing method, probably some
modification o f hydraulic mining such as that in vogue in California.
This can be done only by capital, for to obtain a sufficient quantity of
water for hydraulic mining the supply must be brought from the upper
Klondike in flumes, a distance of from 50 to 80 miles. When this is done
the cost of working should not exceed at the most per cubic yard what




812

BULLETIN OP THE DEPARTMENT OF LABOR.

may bow be obtained from the poorest gravel in the bed o f any of the
streams which have been located. There are probably 1,000 miles of
creeks in the district which will then pay to work, while at the present
time and under present methods, with the cost of supplies and labor
what it is, there are not over 400 claims, or 40 miles o f creeks, in the
district which, so far as developed, will pay to work. Further, at the
present time not more than from 50 to 150 feet in width of the richest
part o f any creek will pay to work, while under new methods the entire
width o f the creek bed, from 200 to 1,000 feet, will pay; and more than
that, the hillsides, extending up on either side o f the creek, will pay as
well as the creek bed itself, for the cost o f working will be small. This
means that where one square yard will now pay, a hundred square
yards will pay under cheaper methods. The cost of moving gravel per
cubic yard up to the present time has varied from about $4 to $15. The
cost o f moving gravel by hydraulic methods in use in California and
other Western States varies from 2 to 10 cents, or in some case3 some­
what more, per cubic yard. Yery little gravel in all the creeks which
have been located so far in the district will pay less than $1 per cubic
yard, and there is no reason why the cost o f working should be any­
where near that figure. This leaves an immense margin of profit, for
in many cases whole claims will yield in their pay channel of 100 feet or
more over $100 per cubic yard. It is true that hydraulic mining can
be conducted on the Yukon for but a few months in the year, but the
season in which water was obtainable in California and Montana in the
palmy days in many districts and on many o f the richest and best
mines was no longer than the season would be on the Yukon. It will
be impossible, on account of the formation of the soil, to bring water in
ditches, and flaming will have to be resorted to. This will increase the
expense considerably, because good timber for fluming is somewhat
scarce. Generally speaking, it may be said, however, that the pay in
the gravel is so great that the expense of flaming will be more than
counterbalanced.
Some problems have been suggested with reference to uncovering
the ground by removing the muck, moss, etc., but it has been demon­
strated that there is but little difficulty to be encountered in this respect.
A much greater difficulty arises from the fact that in very few o f the
creeks on the Yukon is the grade sufficient for direct sluicing with
hydraulic giants. Heavy grade for the sluice boxes will be required,
for the reason that the gravel is so angular in shape, very few rounded
pebbles being found. As a consequence, it will be necessary to do
hydraulic mining on nearly all the creeks by means of hydraulic ele­
vators such as are used in California. This, of course, will add some­
what to the cost of working. On the Alaska side, in the Forty Mile
and some o f the Birch Creek diggings, the grade is greater and the
gravel looser, and sluicing can be more easily done.
A company known as the Klondike Government Concession, Limited,




THE ALASKAN GOLD FIELDS.

813

has obtained control of 3 miles o f the lower end o f Hunker Creek for
hydraulic purposes. The valley of Hunker Creek is very broad, being
nearly a mile wide at the lower end. The company has a twenty-one
years’ cession. It is proposed to bring water from the Klondike River
at a point probably 40 miles above the mouth of Hunker.- The bring­
ing in of flumes and the opening up of hydraulic mining in any case
must be undertaken by capitalists, because the initial outlay will be
heavy.
Wages in Dawson in most lines of employment remain the same as
last year. There was no regular scale of wages in the mines during
the winter. On October 20 the miners on Eldorado and Bonanza struck
against the reduction of wages from $1.50 to $1 per hour, and resumed
work November 14, under a compromise which fixed the rate at $1.25
per hour. A large proportion of the miners worked all winter at that
rate, but many received only $1 per hour, while a few were paid the old
rate of $1.50. Early in May, at the beginniug of the clean up, the
mine owners voluntarily restored wages to the old rate o f $1.50 per
hour, and this rate prevailed on all the creeks through the season.
Bed-rock men in many instances were paid from $2 to $2.50 per hour.
There was a great deal of sickness in Dawson and on the gulches
during the winter, and there were sixty patients in the hospital June
15, most o f whom were suffering from scurvy. Dr. J. J. Chambers, o f
Dawson, furnished the following statement relative to this much-dreaded
disease:
Scurvy was very prevalent during the winter. Most of the cases
were among newcomers. A large proportion of those who came into
the country last year were men of sedentary vocations—clerks, doctors,
lawyers, etc.—who had as a rule led quiet and regular lives. Suddenly
they were thrown into a condition of intense excitement, entering a
phase o f life entirely new to them. For weeks they had but little sleep
and ate their meals irregularly. When they reached Skagway or Dyea
they found themselves in the midst of the mad rush for the Klondike,
and on account o f the high rate for packing were forced, through lack
o f means, to pack their outfits to the lakes. The reports of those going
out that food was scarce here and that there was danger of starvation
created a high nervous tension that was killing in its effects. Nearly
all underwent great physical hardships, packing loads on their backs
for long distances, without proper food, over almost impassable trails,
often carrying packs which they could not have lifted under normal
conditions. The situation was analogous to that which is seen at a fire,
where men will rush into the burning building and with apparent ease
carry out heavy articles of furniture, which they could not move except
under intense excitement. This strain lasted from sixty to ninety
days, and when they got to Dawson the “ stampeding” had commenced,
and they went on trips to distant creeks for the purpose o f staking
claims. They would start out with two or three days’ provisions on a
trip that could not possibly be made in less than four or five days.
Being strangers and not wishing to impose upon the hospitality of
miners along the trail,.they would go two or three days with insufficient
food, lying outdoors at night without proper bedding. Then the river
froze up and the food panic followed, and they realized their condition



814

BULLETIN OP THE DEPARTMENT OP LABOR.

and became “ homesick,” the worst disease with which we have to cope*
None of them were making fortunes, as they had hoped to do, the more
fortunate, at best, selling a claim here and there for a few hundred
dollars or working a few months at $1 or $ 1.50 per hour, which means
as a rule only $6 or $8 per day. Naturally they became despondent.
Their food was in many cases insufficient and lacking in variety. Many
had never cooked before in their lives, and as they were forced to pre­
pare their own food, they simplified matters by confining themselves
to a few articles, with the result that their blood was soon in an impov­
erished condition, which rendered them peculiarly susceptible to dis­
ease. The popular notion that scurvy is the result of a diet o f bacon,
the lack of exercise, and uncleanliness is not correct, if we may judge
by the cases that developed here last winter. Many men who were
particularly cleanly in their personal habits and who took plenty of
exercise and had an ample supply o f fruits and fresh meats were taken
down with scurvy in its worst form, and some o f them died. It is
probable that fully 10 per cent of the newcomers were affected by
scurvy in greater or less degree, while the oldtimers were practically
exempt from its ravages* In all cases the liver and spleen were affected
more or less; sometimes the bladder was affected, and frequently the
prostate gland was involved. Patients often passed blood from the
urinary organs and bowels, and in many cases bled from the gums, but
when the bowels were attacked the gums were affected but slightly.
During the winter there were many cases of a serious throat and lung
affection, resulting from the gases formed by burning in the mines, and
there were several deaths from this cause.
Ke attempt has been made to improve the condition of the Dawson
townsite by the construction o f drains, and as a consequence the greater
portion o f the flat between the river and the Mils is a bog, wMch forms
a natural breeding ground for malarial fever and pestilential diseases.
On June 25 there were about seventy patients in the hospital, a large
proportion of the cases being fever and scurvy. Dysentery was preva­
lent throughout the town, many newcomers suffering severely and a
number o f deaths being reported from this complaint. The supply
o f wholesome drinking water is insufficient for the large population,
the only sources being two or three springs on the hill at the lower end
o f the town and the Klondike, a mile or more from the center o f popu­
lation. Many of the people take their drinking water direct from the
Yukon, and nearly all who depend on this source of supply are attacked
by dysentery. Water from the springs eosts 10 cents a gallon delivered
in town, some of the saloons paying as high as $10 a barrel for it.
The charge for hospital accommodations is $5 per day, medical atten­
dance costing the patient $5 per visit and special charges being made
for surgery. The records o f the hospital show that since it was opened
on August 20,1807, it has taken care o f 293 patients. Of these, 104 had
scurvy, 25 fever, 25 dysentery, and 13 pneumonia. O f the 28 deaths
recorded, 9 were from fever, 7 from pneumonia, and 4 from scurvy.
The hospital receives its principal support from subscriptions, there
being in June about 600 subscribers who pay an annual fee o f 3 ounces
o f gold ($48). Subscribers are entitled to the privileges o f the hospital




THE ALASKAN GOLD FIELDS.

815

in case of sickness. Konsubscribers are required to pay $5 per day, as
stated, and the physician’s fee makes the cost to the patient $10 per day.
According to the best information obtainable, about one hundred
deaths occurred in the district between October 1, 1897, and June
25, 1898.
On June 25 there were about seventy-five physicians in Dawson, and
they were still coming. Ten or twelve were actively engaged in practice.
Fees have been reduced since last year from $17 to $10 per visit. The
charge for office consultation is $8.50, the patient buying his own medi­
cine, prescriptions costing from $2.50 to $7.50. So far as could be
learned by careful inquiry, this is the only instance in which there has
been a reduction in charges for professional or other services on the
Klondike.
The river broke at Dawson on May 8, and as the ice moved out it was
followed by thousands of people in small boats who had been waiting
at the lakes for the opening of navigation. Over two thousand people
arrived in town from the upper river in one day. During the first three
weeks in June five or six steamboats arrived from below, bringing four
or five hundred people who had been forced to spend the winter at
various points on the lower river, and by June 25 there were probably
15,000 people in Dawson, two-thirds of whom were living in tents or
occupying their boats at night. A t that date the river bank for a dis­
tance of two miles was so thickly lined with small boats that it was im­
possible for new arrivals to find a landing place, and they were obliged
to go to points still farther away from the center of town, while it was
exceedingly difficult to find a place to pitch a tent, as all available camp­
ing ground was already occupied. A ll small boats going down the river
are required to register at the customs station at Lake Tagish, and are
given a number. On June 18 the register showed that 7,200 boats had
I>assed the station, and it was estimated that on an average each boat
contained five passengers. While at the above date the great rush was
over, boats were still passing the station in considerable numbers,
and it is probable that by August 1,40,000 people had left the lakes for
the gold fields. A very large proportion of this vast number stopped
temporarily at various points on the upper river for the purpose of pros­
pecting, it being estimated by the captain of a small steamboat which
ascended the Stewart Biver on June 19, that between 5,000 and 6,000
had gone up that stream at the date named. Eventually, and before
the river closes, practically all those now on the upper river and its trib­
utaries will reach Dawson, where they will greatly aggravate the diffi­
culties which confront the authorities. The mounted police stationed
on the lakes during the winter adopted the rule that no one should
be allowed to go down the river with an outfit of less than 1,000 pounds,
but latterly this rule was not strictly enforced, and, as a consequence,
probably one-half of those who passed through the lakes were inade­
quately equipped with food supplies. Thousands of this improvident




816

BULLETIN OP THE DEPARTMENT OF LABOR.

class are practically penniless, and even if the commercial companies
succeed in getting sufficient food supplies into the country, many will
suffer for the necessaries of life. Compared with the increase in popu­
lation, the opportunities for employment for wages are even more lim­
ited than they were last year, for the reason that there have been no
new developments in the district worthy o f note, except on Dominion
and Sulphur creeks, while, as already stated, many of the owners of
rich claims on Eldorado and Bonanza have announced that they will
not work their properties next winter unless the royalty is declared
off. Many men seem to have broken up their homes in the States
with the idea of making permanent homes on the Yukon, taking their
families with them, and on June 25 there were fully 1,000 women
and children in the town. In walking along the river front scores of
women, leading their little children by the hand, were encountered in
the throng, and the scene reminded one of the concourse at a county
fair. The thoughtful observer could see nothing in the immediate
future for the majority of these unhappy people but want and misery.
Already the Canadian authorities had taken steps to induce the surplus
population to go down the river to the American side, and up to June
25, probably 2,000 people had heeded the warning and departed in small
boats, many proceeding direct to St. Michaels for the purpose of return­
ing home by ocean steamers. Unless this movement down the river to
St. Michaels became more general than then seemed probable, there will
be a repetition this fall of the sad scenes of last year, but many times
magnified, and our Government will be obliged to take care of eight or
ten thousand destitute people at Fort Yukon.
The commercial companies were more unfortunate than usual in their
efforts to get their boats into the river at the beginning of the naviga­
tion season. As a result o f the exceptionally warm weather in the
early part o f May, the break-up of the ice was accompanied by the
highest water known for years, and the four steamboats that wintered
in the slough at Circle City were carried by the action of the ice far out
on the bank, where the receding waters left them high and dry 200 feet
from the running water in the stream, from which they were cut off by
an immense ice jam. It was necessary to blast trenches through the
ice and construct ways to the channel, and this work was rendered
unexpectedly expensive by a strike o f all the white and most of the
Indian laborers in Circle City. A large force of men had been employed
for several weeks in getting the boats to a place o f safety, receiving a
compensation of 60 cents per hour. A t a meeting held on May 13, the
day after the break-up, a resolution was adopted declaring that no one
should work for less than $1.50 per hour, and was signed by 89 men,
including several Indians. The resolution stated that this action was
taken for the reason that the North American Transportation and
Trading Company had raised the prices of provisions during the winter
25 to 100 per cent. This increase in wages brought the cost of launch-




THE ALASKAN GOLD FIELDS.

81T

iug the boats up to a high figure, the representatives o f the companies
stating that the total expense was nearly $15,000. The Victoria was
launched on May 30, and proceeded to Port Yukon, where she loaded
with 45 tons o f flour, nails, etc., and returned up river to Dawson.
The other boats were not launched until June 4, when the St. Michael
left for St. Michaels. The Weave went to Port Yukon, where she loaded
for Dawson, which point she reached on June 11 with 150 tons o f mer­
chandise and 158 passengers. The Bella proceeded to Port Hamlin and
loaded for Dawson, taking in tow her barge at Port Yukon on her
return, and arrived in Dawson on June 24 with 390 tons o f merchan­
dise and 50 passengers, having spent a week on a sand bar just below
Circle City.
The steamer Hamilton, which was frozen in at Eussian Mission last
October en route to Dawson, was launched June 1, and arrived at
Dawson on June 17 with a full cargo o f merchandise, 74 tons o f which
were taken on at Circle City, and 150 passengers.
The Margaret and the Alice, o f the Alaska Commercial Company’s
fleet, wintered on the lower river, and on June 27 had reached a point
about 20 miles below Circle City, where the Alice was fast on a sand bar
and the Margaret was trying to get her off.
The John J. Healey lay in the canal at St. Michaels all winter, and
left for Dawson on June 16 with a barge and about 60 passengers. She
dropped her barge at Anvik, and on June 29 was taking on wood at
Weare, the town established by the North American Transportation
and Trading Company opposite the mouth o f the Tanana.
O f the numerous steamboats belonging to private expeditions that
attempted to ascend the Yukon last year, only one, the St. Michael,
succeeded in getting above the Tanana. The details o f her trip from
St. Michaels to Circle City were given in the former report. The Mare
Island, a large side-wheel boat from San Prancisco, was abandoned last
fall, aud is lying in the canal 18 miles from St. Michaels, it having been
found that she drew too much water to get across the bar at the mouth
o f the Yukon. The Mervoin and the Thomas Dwyer, two small sternwheelers, went into winter quarters at Nunivak, on the lower river,
and were successfully launched in May. On June 26 the Merwin, with
about 40 passengers aboard, was 100 miles above Circle City, en route
to Dawson, and making a progress o f 50 miles a day. The Thomas
Dwyer ran onto a sand bar ju st above Minook and was abandoned.
The Governor Stoneman, a small tugboat owned by a party o f pros­
pectors, wintered at Nowikakat, 50 miles below the Tanana, and arrived
at Fort Yukon June 3, with 10 men and their outfits. She ran onto a
sand bar a few miles above Fort Yukon and stuck until June 27, when
she was launched and proceeded up the river. The May West, a small
boat o f 54 tons register, was caught in the ice about 10 miles below theTanana, aud her passengers, 35 in number, wintered at Minook. She
got afloat May 25 and reached Dawson on June 8, being the first boat
7443—No. 19-----3



818

BULLETIN OF THE DEPARTMENT OF LABOR.

to arrive there this season. The Seattle No. 1, with about 160 passen­
gers; who left Seattle in August; 1897, wintered just below the Tanana,
and her passengers spent the winter at Minook. She was launched
May 25 and proceeded up the river. On June 3 she was caught on a
sand bar 18 miles above Circle City, and remained there nearly three
weeks, finally reaching Dawson on June 25 with 220 tons o f freight and
140 passengers, nearly all o f whom had been eleven months on their
way to the Klondike.
The May West was the first steamboat to leave the Klondike this
season, as she had been the first to arrive. She left Dawson on June
18 with 68 passengers, the charge for passage to St. Michaels being
$100. She took down about a ton o f gold, valued at $500,000.
On June 12 the North American Transportation and Trading Com­
pany posted the following notice:
This company will now book first-class passage to Seattle to parties
intending to ship gold dust by express on our first boat. Kates: Express
on dust to Seattle, 2| per cent per $1,000; insurance to Seattle, 2J per
cent per $1,000. First-class fare to Seattle, including meals and berth,
$300. Baggage allowance, 100 pounds. Steamer will leave Dawson
about June 15,1898. No dust received on steamer except it is shipped
by express.
This announcement caused much disquietude among the l&rge num­
ber o f men who were anxiously awaiting an opportunity to embark for
Seattle or San Francisco, with the reasonable expectation that the old
charge o f $175 for passage would be maintained, for nearly all o f this
class were debarred on account o f their inability to produce gold dust
in amounts o f $1,600 for shipment, while but few had emerged from
the extortion practiced on them during the winter with the requisite
$300. Events proved this disquietude in large measure to have been
groundless, for at closing time on the 15th it had become apparent at
the booking office that the select class designated in the notice was not
numerous enough to insure a remunerative passenger list. The usual
delay occurred, the departure o f the company’ s first boat being post­
poned from day to day until the 24th, when the Hamilton left for St.
Michaels with 178 passengers, many o f whom were o f the comparatively
impecunious class mentioned, the nine days’ delay having enabled them,
by various humiliating expedients, to secure the necessary means to
meet the greatly increased charge for passage. The Weave followed on
the 25th with 42 passengers and about 3J tons o f gold, valued at
$1,500,000. On the 29th, when 50 miles below the Tanana, the Hamil­
ton broke a hogchain and became helpless in midstream, and the Weave
took her in tow, arriving at St. Michaels on July 5, ten days from Daw­
son. The regular “ first-class fare” on the Weave for the first four days
out from Dawson consisted o f poorly baked bread, indifferent butter,
stale corned beef, brown sugar, Indian trading tea, and an insipid decoc­
tion which the waiters ealled “ coffee,” with bacon and beans every other
day for a change. The fare on the Hamilton was somewhat better, the




THE ALASKAN GOLD FIELDS.

819

table being supplied with coffee, dried apples, and pudding. A t the
mouth o f the Tanana the first “ run” o f salmon was encountered, and
some of the passengers o f the Weave bought fresh fish, which they were
permitted to take aboard, but against the protest o f the purser, who,
with unprecedented consideration, objected to the cookc being over­
worked. fin a lly the purser was persuaded to supply the boat with
fish, and during the last five days o f the trip dog salmon was served
once or twice a day. Three deaths occurred among the passengers o f
the Hamilton and the Weave during the latter part o f the voyage.
The steamer Bella and barge, o f the Alaska Commercial Company’s
fleet, left Dawson on June 20, with 150 passengers, and about two tons o f
gold, worth $1,000,000, and arrived at St. Michaels July 3. The charge
for passage on the Bella was $100 from Dawson to St. Michaels, and
the company charged from $100 to $150, according to accommodations,
for passage from St. Michaels to San Francisco.
A t St. Miehaels the magnitude o f the Klondike “ boom” became
fully apparent. The first ocean vessel arrived on June 13, and up to
July 5 there had been forty arrivals, with 30,000 tons o f merchandise,
coal, etc., and nearly 2,000 passengers, while at the last-named date
less than 1,000 tons o f freight and not to exceed 250 passengers had
entered the mouth o f the river, (a) Twenty-two ocean vessels were lying
in the harbor, nearly all loaded with merchandise for the Yukon, which
they were unable to discharge because o f a lack o f wharf facilities and
the nonarrival o f the new river steamboats which had been constructed
on Puget Sound and elsewhere on the lower coast for the Yukon trade.
Many types o f sailing craft were represented, from a 47-ton sloop to a
five-masted schooner o f 2,500 tons, and a half dozen large ocean
steamers lay far out in the offing, most conspicuous o f all the great
Garonne, carrying 3,000 tons o f freight and 400 passengers, while
closer inshore was anchored the United States gunboat Wheeling,
reported to have been sent by the Navy Department to Bering Sea in
response to representations that $30,000,000 o f Yukon gold would be
brought out, to protect this potential treasure from Spanish privateers.
In the inner harbor a score o f new river steamboats, which had been
towed from Puget Sound or Dutch Harbor, were being completed
by the erection o f wheels, the setting o f engines, etc., and on shore a
dozen more were in course o f construction, while at the wharves four
or five steamboats belonging to the old companies were loading for the
Yukon, the whole scene presenting all the bustle and activity o f a
great Atlantic seaport.
On October 20, 1897, the Secretary o f W ar issued the following
order:
By authority o f the President, the land known as St. Michael Island,
a The latest reports show that 43,000 tons o f freight were landed at St. Michaels
during the season, and that all stations on the river have ample supplies, about
12,000 tons having been carried to Dawson.




820

BULLETIN OP THE DEPARTMENT OF LABOR.

Alaska, with all contiguous land and islands within 100 miles o f the
location o f the flagstaff o f the present garrison on that island, is set
aside from the public lands o f the Territory o f Alaska and declared a
military reservation, and shall be known as Fort St. Michael.
Parties who have, prior to the receipt o f this order, located and
erected buildings on the land so reserved, will not be disturbed in their
use o f lands, buildings, and improvements, nor in the erection o f struc­
tures needed for their business or residence.
During the fall and winter the Department issued' permits under
this order to sixty commercial and transportation companies and indi­
viduals for the occupancy o f lands bordering on the harbor o f St.
Michaels. Owing to the fact that the two old companies had already
occupied the most eligible portions o f the water front, many o f the
new companies were forced to locate in the outer harbor, where there
is no protection from the strong winds which almost constantly pre­
vail, while some o f the later arrivals had not succeeded in securing a
landing place at all. The old companies were charging a wharfage o f
$6 per ton, but as “ wharfage” meant simply the privilege o f landing
freight on the beach by means o f lighters and small boats, no one was
taking advantage o f this opportunity to discharge cargo.
According to the best information obtainable at St. Michaels, about
one hundred steamboats were equipped - during the winter and spring
for navigation o f the Tukon. More than half o f these are new boats,
built specially for the river traffic. The Alaska Commercial Company
has added to its river fleet 5 steamboats and 6 barges, and the North
American Transportation and Trading Company has constructed 4
steamboats and 5 barges. The new boats o f both companies are o f
the latest type and o f high power, and as they have been officered
with experienced Missouri and Mississippi river men, there is no
doubt o f their successful operation. Several o f the new companies
have introduced boats fully equal in every respect to the best boats o f
the old companies, and there are now on the river probably over 20
first-class steamboats with a carrying capacity o f from 220 to 450 tons
o f freight and from 50 to 150 passengers each. Fifteen or 20 new
steamboats were lost at sea while being towed from the place o f con­
struction to St. Michaels, and the owners were greatly embarrassed by
the presence o f a large number o f passengers who had arrived by their
ocean steamers, as they had no means o f transporting them to Dawson.
In this dilemma they appealed to the old companies to carry their
passengers up the river, and were informed that a new passenger tariff
had been adopted, the revised rate being $200 from St. Michaels to
Minook and $250 to all points beyond, with an allowance o f 250 pounds
o f baggage. The new companies were unable to meet this demand, and
as late as July 9 probably a thousand stranded gold seekers were still
wondering how they were to get to Dawson.
The cost o f operating steamboats on the river is much greater this
year than heretofore, the increase being principally due to the advance
in the price o f wood. The unusually high water which accompanied



THE ALASKAX GOLD FIELDS.

821

the break-up o f the ice carried most o f the driftwood to the mouth o f
the river or lodged it at points so far from the main channel that it can
not be reached, and standing timber that is accessible from the river
is becoming very scarce. The two old companies, as already stated,
had between 6,000 and 7,000 cords o f wood cut during the winter in the
vicinity o f Fort Yukon, at a cost o f $5 per cord, and this supply will
probably prove ample for that stretch o f the river during the present
season. The manager o f one o f the new companies passed down the
river late in May and made contracts with choppers at various points
to cut wood for his boats at $12 per cord, and his action caused the
price to advance to that figure at all the wood yards on the river. In
anticipation o f this condition, both o f the old and several o f the new
companies shipped large quantities o f coal from British Columbia to
St. Michaels last spring and are using it on the lower river. During
the winter an immense bed o f coal o f good quality was discovered on
the Koyukuk River, about 400 miles above its mouth. The discoverers
state that the coal bed is 30 feet thick and extends two miles along the
river bank, whence it can be loaded onto barges with little labor. A
specimen o f this coal submitted to the Geological Survey for test
showed the following analysis:
Moisture.............
Volatile matter
Fixed carbon. .
A s h .....................
C o k e ...................

6.18
37.43
52.76
3.63
.00
100.00

Coal o f fair quality has also been found on the north bank o f the
Yukon, a short distance above Minook, and is being mined this season
and sold to the steamboats for $17 per ton. These discoveries, with the
extensive deposits o f coal known to exist at several points on the upper
river, offer an easy solution o f the fuel problem for the entire valley of
the Yukon.
A t Fort Yukon on May 30 a number o f Indian pilots who had passed
the winter there announced to the agents o f the companies that they
would not work for less than $20 a day or $1,500 for the season. A s
no white pilot who has not made two or three trips through the Yukon
Flats can take a large steamboat from Fort Yukon to Circle City at low
water, and as a Yukon Indian on a strike has never been known to
modify his demands, it is probable that the new rate prevailed during
the summer. This season both o f the old companies imported from the
States, under yearly contract, a large number o f steamboat men to han­
dle their boats. Captains, pilots, and engineers receive $100 per month,
and firemen, cooks, and deck hands $75 per month.
It has been demonstrated this summer that the Lewes River and the
lakes can be navigated successfully. Five or six small steamboats o f
an average length o f 50 feet and 10-foot beam were built on Lake Ben­
nett, and a regular line has been established between the head o f Lake



822

BULLETIN OF THE DEPARTMENT OF LABOR.

Bennefct and Dawson. A portage o f about three miles is made by means
o f a tramway at the Grand Canyon and W hite Horse Eapids. The serv­
ice is limited almost entirely to passenger traffic, the fare for the down
trip being $125 and for the up trip $200, with a baggage allowance o f
150 pounds. The round trip between Dawson and the head o f Lake
Bennett has been made in twelve days, (a)
The hardships and expense of the journey from the coast to the lakes
by way o f the Dyea and Skagway trails have been greatly reduced
since last fall, when the price o f packing reached 47 cents per pound
on the former and 60 cents per pound on the latter trail. The Dyea
trail has been improved by the erection o f an electric tramway from the
foot to the summit o f Chilkoot Pass, and the rate for packing from Dyea
to Lake Lindeman reduced to 12 cents per pound. On the Skagway
route a narrow-gauge railroad is in course o f construction, and it is
expected that it will be completed to the summit, 18 miles from the
coast, by the close o f the working season. The line as projected will
have its temporary northern terminus on Taku arm o f Lake Tagish,
which point will undoubtedly be reached next year. The enterprise is
backed by American capital, and it is the intention o f the company to
extend the line eventually to Fort Selkirk, the head o f navigation for
large steamboats.
The Stikeen route, via W rangell and Lake Teslin, is pronounced
impracticable by those who reached the Klondike this summer from
their camp at the head o f Lake Teslin, where they were forced to spend
the winter.
The Ashcroft and Edmonton trails, known as the u overland routes,??
have proved to be death traps. The Ashcroft trail starts from the
town o f that name, which is located on the Canadian Pacific Bailway,
in British Columbia, and follows the Fraser Biver for over 200 miles,
to Quesnelle, a small Indian trading post. From this point it meanders
for 600 miles through almost impassable bogs, fallen timber, and swift
mountain streams, and across numerous divides, to the town o f Tele­
graph Creek, at the head of navigation on the Stikeen Biver, where the
traveler who is fortunate enough to get that far finds that he still has
before him all the difficulties o f the Stikeen route, now practically
abandoned.
The Edmonton route begins at the town o f Edmonton, the northern
terminus o f a branch o f the Canadian Pacific Bailway. The first stage
of the journey is made by cart or pack animals to Athabasca Landing,
about 100 miles north o f Edmonton. From this point the traveler pro­
ceeds by boat down the Athabasca Biver to Athabasca Lake, thence
a An official report to the United States Coast and Geodetic Survey from the-expe­
dition which conducted a survey of the Yukon delta during the past summer states
that a channel with a depth o f 8 feet at low tide has been located at the southern
mouth o f the Yukon. This new route will reduce the voyage about 500 miles, and
enable ocean steamers of ordinary draft to enter the river and ascend it 400 or 500
miles.




THE ALASKAN GOLD FIELDS.

823

down Slave Eiver to Great Slave Lake, and across tlie lake into the
Mackenzie River, down tlie Mackenzie to tlie mouth o f Peel River and
up that stream to Fort McPherson, 1,950 miles from Edmonton. From
Fort McPherson there is a difficult portage of 90 miles to La Pierre
House, on Bell River, a tributary o f the Porcupine. There a boat is
constructed and the journey by water resumed. Ifc is 40 miles from La
Pierre House to the mouth o f Bell River, whence the traveler descends
the Porcupine 300 miles to Fort Yukon, situated on the Yukon just
above the mouth of the Porcupine. There is an offshoot of the Edmon­
ton route known as the Peace River route. This trail runs to the north­
westward from Edmonton to the west end o f Little Slave Lake, about
200 miles, thence to Peace River, 85 miles, and thence to Fort Dun ve­
gan, 60 miles. Beyond Fort Dunvegan, which is about 1,000 miles in
an air line from Dawson, little is known o f the trail, but it is supposed
to lead through alternating forests, barrens, and mountain ranges to
the Liard River, and thence to the headwaters of the Pelly River,
from which point the journey can be completed in boats. According to
newspaper accounts, several hundred men chose this route last fall, but
as no one could be found in Dawson late in June who had succeeded in
getting over the trail, it is impossible to describe it. There are numer­
ous dangerous rapids in the Athabasca and Slave rivers, and great care
is required in passing down those streams. A small steamboat runs
on the Athabasca River from Athabasca Landing to Grand Rapids, a
distance o f 165 miles, and steamboats run between Fort Smith, on Slave
River, and Fort McPherson, a distance o f 1,270 miles, but as they are
employed exclusively in the transportation o f supplies for the Hudson
Bay Company, they are not available for passenger traffic. On June
2 two young men arrived at Fort Yukon from Edmonton. They started
from that place on August 9 o f last year, passing down the Athabasca,
Slave, and Mackenzie rivers, and arrived at the mouth o f Arctic Red
River September 30. They were forced to discontinue their journey by
boat at this point by the heavy run o f ice in the Mackenzie, and made
the portage o f 100 miles to La Pierre House, where they spent the win­
ter, their only companions being a few half-starved Porcupine Indians.
It required two months o f hard labor to sled their outfit across the
portage. They left La Pierre House on May 30, and the next day, while
shooting the rapids at the lower end of the Upper Ramparts o f the Porcu­
pine, their boat was capsized and swept away with the remnant o f their
outfit, and they were left struggling in the ice-cold water. In an ex­
hausted condition they succeeded in reaching an exposed rock in mid­
stream, to which they clung for twenty-four hours, when they were res­
cued by two prospectors who were descending the river and taken to
Fort Yukon, penniless and without a change o f clothing. They reported
that they passed 800 men last fall en route from Edmonton to the Klon­
dike, but up to June 27 they were the only ones o f this large number
who had reached Fort Yukon. Here they were greatly surprised to




824

BULLETIN OF THE DEPARTMENT OF LABOR.

learn that they were still as far from the Klondike, so far as the expense
o f travel and time are concerned, as they would have been at Dyea or
Skagway.
It would now seem that at last the residents o f the Yukon Valley are
to have a regular mail. A semimonthly service has been established
between Juneau and Tanana, at a cost to the Government o f $56,000
per annum, and a monthly service is provided for between Tanana and
St. Michaels, at a cost o f $23,000 per annum. Mr. John P . Olum, a
post-office inspector, to whom had been given the power to appoint
postmasters, traversed the entire length o f the Yukon during the pres­
ent summer and established post-offices as follow s: Eagle, at the mouth
o f Mission Creek; Star, at the mouth o f Seventy Mile Creek; Yukon,
at Fort Yukon; Rampart, at the mouth o f Minook Creek; Tanana,
opposite the mouth o f the Tanana (the station designated in the pro­
spectuses and on the maps o f the North American Transportation and
Trading Company as “ W eare” ); Koyukuk, at the mouth o f the
Koyukuk, and Anvik, at the mouth o f the Anvik River. Upon the
recommendation o f Mr. Clum, the Post-Office Department has issued
instructions to the postmasters at Juneau, Tanana, and St. Michaels
authorizing them to employ special carriers to perform the service
whenever the contractor shall prove delinquent. This wise provision,
lacking heretofore, will solve the problem o f a regular mail service on
the Yukon, so far as human agencies can overcome the difficulties.
There is a period o f about a month in the spring, just preceding the
breaking up o f the river, and another in the fall, following the closing
o f the river and varying from thirty to sixty days, when it is impossi­
ble to travel, and until permanent trails or roads are constructed, the
post-offices along the Yukon will receive no mails during the periods
indicated, (a)
A t St. Michaels reliable information was obtained in regard to affairs
at Kotzebue Sound, the scene o f the most profitless o f all the stam­
pedes that have occurred as accompaniments o f the general movement
to the Klondike. Kotzebue Sound lies just beyond Bering Strait and
forms the southern arm o f the A rctic Ocean. The three principal
rivers emptying into it are the Noatak, Kowak, and Selawik. During
the past fall and winter the newspapers o f the Pacific coast published
numerous articles setting forth that marvelously rich placer ground
existed on these three streams, particularly on the Kowak. A s a
result o f these stories, which seem to have been based on a rumor that
the Indians o f that region occasionally brought small quantities o f
a As this Bulletin goes to press, it is learned that it is j)he purpose o f the Canadian
Government to maintain a fortnightly mail service during the winter along the
Yukon between Skagway and Dawson, with post-offices at Bennett, Tagish House,
W hite Horse Rapids, Lebarge, Hootalinqua, Big Salmon, Little Salmon, and Sixty
Mile. It is presumed that a post-office will also bo maintained at Forty M ile; i f so,
it will be dependent upon our service, as the Canadian service does not extend below
Dawson.




THE ALASKAN GOLD FIELDS.

825

gold dust to tlie coast, a large number o f vessels sailed for Kotzebue
Sound during the spring, and probably 1,500 men took passage on
them. Trustworthy men who have ascended the Kowak 200 miles say
that no gold has been found up to that point, and that it is impossible
to reach the headwaters with a boat on account o f the rapids. It is
probable that gold iu paying quantities exists on the headwaters o f the
Kowak, but the fact is not yet proved, and the only practical way o f
getting there is by ascending the Koyukuk and making a portage of
100 or 150 miles. It is therefore inevitable that the prospectors who
have gone to Kotzebue Sound will have to retrace their steps, bringing
back nothing but experience and cankering recollection o f liberal con­
tributions to the bank accounts o f conscienceless instigators o f an
empty “ boom.”
Authentic reports from the Copper Eiver country indicate that while
some good indications have been found, no discoveries have been made
that warrant the influx o f prospectors which has occurred, and thou­
sands who took part in that movement will be forced to return to
their homes empty-handed.
The Klondike stampede was unique, considered from nearly every
point o f view, and it may be interesting, in conclusion, to survey the
situation briefly with particular reference to its most fascinating fea­
ture, the financial result. It is a common assumption among those
familiar with the uncertainties o f mining for the precious metals, that
every dollar’s worth o f gold extracted from the earth costs somebody
at least one dollar in money or labor. Applied to the case under con­
sideration, this assumption is so far within the bounds o f truth that it
presents itself to the mind o f everyone who participated in the move­
ment as a self-evident fact. B y actual count, 40,000 men started for
and reached the Yukon gold fields during the year beginning with July
15,1897. It is conservatively estimated that 20,000 more undertook
the journey, but were unsuccessful in their efforts to reach the Yukon,
a large proportion becoming discouraged and returning home, while
many thousands joined the collateral stampedes to various points on
the coast or are still struggling on the trails to the Klondike. It is fair
to assume that the average expenditure of these 60,000 men for outfitting
and transportation was $500 each, or a total expenditure o f $30,000,000.
It is probable that the money invested in ocean and river vessels and
the organization o f commercial companies for operations on the Yukon
would add $5,000,000 to this sum. W ithout considering the large
amounts that have been absorbed in the capitalization o f Klondike
mining companies, a few legitimate and many wildcat, it may safely be
assumed that this great movement during the year following its incep­
tion cost the participants $35,000,000, and it is equally safe to assume
that in the case o f 75 per cent o f the individuals involved their contribu­
tions are an absolute loss to them; for having failed in the main object
o f their venture, mining, the country offers them no other kind of




826

BULLETIN OF THE DEPARTMENT OF LABOR.

employment, and they must return to the States. A s against this
enormous outlay, we have for the period under consideration, as indi­
cated by the mint returns, a gross product from the Yukon placers o f
less than $12,000,000. Although this statement as to the immediate
result o f the Klondike “ boom” can not be refuted, it would be mislead­
ing if allowed to stand without qualification. The condition described
is almost entirely due to the exaggerated statements as to the extent
o f the new discovery so widely published in last year’s newspapers and
magazines, and should not be permitted to obscure the fact that there
is uow being developed on the Yukon a mineral zone o f wonderful rich­
ness, which w ill eventually contribute hundreds o f millions o f dollars to
the wealth o f the world. The lesson to be learned from the present
situation is that it will take years o f hard work to bring the mines up
to their highest point o f productiveness, and that the country offers no
opportunities for professional men or others who are not equipped by
nature for the most exacting manual labor. When common carriers on
the Yukon who depend upon the public for support are ready to carry
for the public without discrimination in favor o f selected patrons; when
“ competition” in commerce there shall come to mean a decrease and
not an increase in the cost o f living, and when the people o f that longneglected section o f our common country shall again attract the atten­
tion o f Congress and hold it long enough to secure the enactment o f
laws for the protection o f life and property, then, and not till then, will
it be possible to bring to full development the marvelous riches o f the
Yukon gold fields.
In April, 1898, Mr. J. C. McCook was appointed United States con­
sul at Dawson, and arrived early in July at his post o f duty. He
has sent to the Department o f State a number o f reports, which have
appeared in the Consular Eeports, and as they contain authentic infor­
mation relative to the situation on the Yukon o f a later date than that
given in this paper, they are quoted here:
Consul McCook has sent the Department o f State an undated report
from Dawson City (received September 12,1898). Mr. McCook says:
“ Dawson City, probably the largest mining camp in America, is built
on a bog or swamp and contains a shifting population which now num­
bers about 20,000. Forty thousand prospectors have passed through
here from the W hite and Chilkoot passes. Most o f them had a years
provisions. Hundreds are going away daily, not being able to stay
long on account o f the cost of living. A dinner costs $2.50, and break­
fast and lunch $1.50. Lodging is $1.50 per night in a bunk, and a
hotel charges $6.50 for a bed per night.
“ The price o f property in the business locality is enormous. A lot
o f convenient size upon the main street can not be had under $40,000.
Lots in a bog off Main street bring from $5,000 to $10,000. To rent a
log cabin costs $200 per month. W ith the exception o f the warehouses,
the theaters, dance halls, saloons, and gambling houses are about the
only establishments which can afford these terms. Along the river,
ground leased from the authorities brings $10 per front foot per month.




THE ALASKAN GOLD FIELDS.

827

This, with the 10 per cent royalty charged on the gross output, yields
a very large revenue.
“ The prevailing price o f labor is $1 per hour, but there are so many
idle hands waiting for employment that the supply exceeds the demand,
and may bring the price down. Still, there is the greatest activity in
the erection o f large buildings and warehouses.
“ Most o f the prospectors who are coming to Dawson City leave for
camps in United States territory, since, apart from the country in the
immediate vicinity o f Dawson, which has all been staked off, this is
the most promising field. But even here, out o f more than 5,000
placer claims and 2,000 bench claims, only 200 have thus far paid
to work. A great many have not yet been prospected and will have
to be given up to the Crown, because one condition o f the grant is that
every person having a claim must work it continuously for three
months each year. Ninety days’ labor at $10 a day is a good deal to
risk upon one claim, and a good many who can not afford it will sur­
render them. The creek claims have been reduced in size from 500 to
250 feet.
“ Estimates o f last year’s output range from $8,000,000 to $12,000,000.
W ork has largely been confined to Bonanza and Eldorado creeks.
Dominion, Sulphur, and Eureka creeks will be opened up next winter,
as they promise good results. One can not prospect in summer, as the
pits which are dug then fill with water. It is by the merest chance
that one may strike a rich claim. No poor man should sell out and
come here. Organized companies with capital will do much better, as
they can hire work much more cheaply than individuals.*7
Consul McCook writes from Dawson City, under date o f August 4,
1898, that prices for provisions are very high (exceeding by 25 percent
those o f last year), and lodging is hardly to be had at any price. Out­
siders, he says, can not realize the conditions; destitution and suffering
are imminent for many unfortunate prospectors, who are unable to get
away. No one, he continues, should go to the gold fields without a
couple o f thousand dollars and supplies for two years. The output o f
gold has been exaggerated fivefold.
In a report dated August 24, Consul McCook further emphasizes the
distress among the prospectors in and around Dawson City, and strongly
advises no one to join in the hunt for gold unless he has at least enough
provisions to last over winter and enough money in bank to take him
home if he is unsuccessful. The consul says he is appealed to daily by
men who have no money and can not get work, and he advises such o f
them as are able to travel to go to St. Michaels, where, he is informed, the
Government is arranging to take care o f them by putting them in com­
munication with friends in the United States.
Under date o f August 31,1898, Consul McCook writes from Dawson
City as follow s:
“ Dawson City made rapid strides during the past month in the way
o f building improvements. In July only two large warehouses were
here. Four more are now nearing completion, all operating their own
steamers.
“ There will be no lack o f provisions and merchandise here this win­
ter. The large amount o f supplies being brought in has had a tendency
to reduce prices on a few commodities. A 59-pound sack o f flour, which
brought $8 last month, is now sold for $5. It is to be hoped the price
o f hotel accommodations will be reduced, as none but the wealthy can
enjoy hotel life at present, at $0.50 per night for a room with a mixture




828

BULLETIN OF THE DEPARTMENT OF LABOR.

o f liusks and straw for a bed, a candle for light, and board at the rate
o f $12 per day. There are a few cheaper houses, but accommodations
are still poorer. The number o f log cabins is being increased rapidly,
for in a couple o f weeks it will be too cold to sleep in tents. Log cabins
can be rented for $50 per month and upward, according to location and
distance from the center o f the town. Typhoid fever has been on the
increase lately, and many deaths have resulted. It will decrease as
soon as the ground is frozen, about the 1st o f October.
“ Hundreds o f Americans have gone down the river to Alaskan terri­
tory, where it is predicted more gold will be found than in the Northwest
Territory. Forty Mile Oreek, which empties into the Yukon Eiver
52 miles below Dawson City, is understood to be very good on the
Alaskan side. Eagle City, 50 miles below, is said to be in a position to
rival Dawson City in another year, and as a base o f supplies it wil! be
much more convenient, being inside the boundary line. Eagle City is
the name now given to what is marked Belle Isle on the map of the
United States Coast and Geodetic Survey o f the Yukon Itiver. The
territory for hundreds o f miles around Eagle City is said to be very
rich.
“ The future of Dawson City greatly depends on new discoveries
being made this coming winter. There is no doubt o f a great deal o f
gold being in this district within 100 miles radius? but it has yet to be
prospected. The cost o f taking food up to the mining camps and the
price o f labor make it very expensive to work the claims, and they must
be very good in order to pay.”
The following, under the heading o f “ Warning to Alaska pros­
pectors,” is taken from the Consular Reports for September, 1898:
Care should be taken, by those who contemplate going to the gold
fields, in entering into transportation contracts. It appears that cer­
tain companies have obtained a considerable sum o f money (generally
$500 for each person) upon very ingeniously worded contracts, that the
persons paying should be transported to the gold fields in the north,
with all necessary outfit furnished and expenses paid. In three cases
in which men have paid their money they have been brought, at slight
expense, to this and other ports and then abandoned.
The men who had contracted with one o f these companies became
suspicious while at this port, but after an explanation by the agent,
they agreed to go forward. The following extract from a letter from
one o f them shows how they have been treated:
Fort W rangell, A laska,

*

if

*

#

*

*

June 1 5 , 189S.

#

The company induced us to come to Wrangell, and after pulling the provisions for
15 miles up the Stikeen River, we were sent into camp and have remained there
ever since. When we have asked to be put ahead we have been put off with prom­
ises, and we now feel that they do not intend to do anything but promise until we
are discouraged and leave them, forfeiting the money paid. W e wish to ask you if
there is not some way by which We can compel them to fulfill their part o f the con­
tract or return our money. W e are now here, practically without money and far
from home, and i f you can aid us in any way you w ill confer a lasting favor upon
thirty stranded men from the Old Bay State. W e have now been here since March 30.

I would suggest that persons desiring to go to the gold fields iu the
valley o f the Yukon take every possible precaution. I have abundant
evidence that several companies are now, and have been for some
months, engaged in this nefarious traffic.
L. Edwin D udley , Consul.
V ancouver, June 28, 1898.



MUTUAL BELIEF AND BENEFIT ASSOCIATIONS IN THE PBINTING
TBADE.
B Y W IL L IA M S. W A U D B Y .

The purpose o f this article is to present an account o f various mutual
relief and benefit associations in the printing and allied trades.
O f the various phases o f cooperation among workingmen, that of
relief in times o f sickness or disability has not, until recently, been
given the attention it deserves. In isolated cases a few trade unions
have incorporated in their by-laws a sick-benefit clause providing for a
small weekly payment, for a limited time, to sick or disabled members.
One o f the best illustrations o f what may be accomplished through this
form o f cooperation is to be found in the workings o f the Government
Printing Office Mutual Belief Association, o f Washington, D. 0 ., which
has achieved such successful results that similar associations have
been organized in several cities by mercantile houses or by bodies of
persons who have noted its progress and recognized what could be
accomplished by its system o f small weekly or monthly payments in
securing relief during sickness or disability at the least possible outlay.
These associations are unique, in that they virtually commence a new
financial term with an empty treasury, while the old trade-union asso­
ciations have an accumulating fund from year to year. In cases where
a member leaves the employment o f the establishment in which his
association is formed, he is entitled to receive his pro rata share o f the
association funds up to the date o f withdrawal. Usually a small initia­
tion fee is charged to provide a fund from which to defray such inci­
dental expenses as may arise and to reimburse officials for their services
arising from time lost from their usual employment. This item of
expense, as a rule, is merely nominal.
W hile workers in various other industries have, to some extent,
adopted similar methods for relief, it is believed that these associations
have been more generally established among the members o f the typo­
graphical unions.
GOVERNMENT PBINTING OFFICE MUTUAL BELIEF ASSO­
CIATION, W ASHINGTON, D. 0 .
The Government Printing Office employed, in 1883, from 1,800 to 2,000
persons in various capacities. A t this period no pay was allowed for
time lost by an employee on account o f sickness or for any other
cause, and consequently the ability to meet expenses in case o f sick­
ness was considerably lessened. In other branches o f the Government
service leave o f absence with pay was granted for 30 days on account
o f sickness, and might be extended to 60 days in extreme cases, at



829

830

BULLETIN OF THE DEPARTMENT OF LABOR.

the option o f the head o f the department. In cases o f peculiar hard­
ship the suffering that resulted from sickness was relieved in a measure
by assistance secured through subscriptions from the employees o f the
various divisions o f the printing office.
This method o f obtaining aid had existed for many years, when a
mutual relief association was proposed as a means whereby the custom
could be abolished or at least appreciably modified. After considerable
preliminary discussion, twenty-five men became favorably impressed
with the plan proposed, and at the first meeting, held March 29,
1883, a permanent organization was perfected. The association was
incorporated April 5,1889.
The peculiarity o f the plan adopted was that, while it provided for
an ample revenue to pay sick benefits o f $10 per week, it divided all
money in the treasury at the end o f the fiscal year pro rata among those
members who had not received benefits in excess o f the dividends.
Such alterations and additions have been made at various times to
the original constitution and by-laws as were warranted by the experi­
ence and growth of the association, and at the present time they
stand as follow s:
CONSTITUTION.

TITLE AND OBJECT.
This association shall he known as the Government Printing Office Mutual Relief
Association.
Its object is to create a fund to bo used for the relief o f its members in case of
sickness.

WHO MAY BE MEMBERS.

Its membership shall be confined to white male persons who, when joining, are
employed in the Government Printing Office; hut no person whose age exceeds fiftyfive years^ or who is a member o f other organizations paying sick benefits to an
amount in excess o f ten dollars per week, or who by reason o f sickness or other disa­
bility is likely to become a burden on the association, shall bo eligible to member­
ship.
Every applicant must have been employed for at least six months in the Govern­
ment Printing Office or its branches, and he personally known to a member o f the
governing committee.

OFFICERS AND COMMITTEES.

The elective officers o f the association shall he a president, vice president, record­
ing secretary, financial secretary, and treasurer, who shall he elected annually by
a majority vote o f the members present, and shall hold office until their successors
are elected and installed; said officers to he ex officio members of the governing
committee.
The following committees shall he appointed by the president:
1. A governing committee, to consist o f seven members, who shall hold office until
their successors are appointed.
2. A finance committee, to consist of three members, who shall be appointed at
the January meeting.
3. A committee on membership, to consist o f four members from the governing
committee, to whom all applications shall be referred, and a report made thereon to
the governing committee.
4. Buell other committees as the association may direct.




MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

831

MEETINGS.
Stated meetings shall be held on such day and at such hour and place as may from
time to time he determined on and designated in the by-laws.
Special meetings may be called by the president in his discretion, and shall be
called on the written request of seven members in good standing.

QUORUM.
Seven members in good standing shall constitute a quorum for the transaction o f
all business.

MONTHLY DUES.

Monthly dues shall be such sums as may be in scrib ed in the by-laws.

USES OP FUNDS.
No portion of the funds o f the association shall be appropriated for any purpose
whatever other than is provided for in the by-law s; and no members shall receive
as sick benefits a larger sum than is fixed therein.

PRO RATA DIVIDEND.
At every annual meeting o f the association the president shall declare a pro rata
dividend of all the funds then in the treasury, which dividend shall bo paid by the
treasurer to all members o f the association entitled thereto: P rovided, That any
member who has received benefits amounting to more than the pro rata dividend
shall not bo entitled thereto: P rovided, fu rth e r, I f any member o f this association
fails to call for his j>ro rata dividend within six months after it shall have been
declared, it shall be forfeited and turned into the treasury.

DISBANDMENT.
By a vote of three-fourths of the members in good standing present at any meet­
ing, when not less than forty members shall constitute a quorum, the association may
bo disbanded, and the funds thereof shall be distributed pro rata among the members
in good standing at the time o f su eh disbandment. But such disbandment and distri­
bution o f funds can only take place after due notice in writing has been given to all
the members o f the association at least one week prior to action thereon.

BENEFIT YEAR.
The benefit year o f this association shall begin on the first day of December and
end on tho thirtieth day of November following.

AUTHORITY TO MAKE BY-LAWS.
Additional to this constitution, and in harmony therewith, the association may
make all needful by-laws and rules of order, and alter and change the same on one
month’s written notice, two-thirds of the members present concurring therein.

AMENDING THE CONSTITUTION.
Amendments to this constitution shall not be acted upon until the succeeding reg­
ular meeting after which they are offered; and it shall require a two-thirds vote in
favor to adopt.
BY-LAW S.

DUTIES OF OFFICERS.
P resident .— The president shall preside at all meetings of the association and gov­

erning committee when present, countersign all warrants on the treasurer, have the
custody of and preserve tho official bonds of the financial secretary and treasurer,
and discharge the duties appertaining to tho office o f president. He shall call a meet­
ing of the association at any time upon the written application of seven members.
Vice presiden t .— The vice president shall attend all meetings o f the association and
governing committee, and shall preside in the absence of the president, assuming all
his powers and duties.




832

BULLETIN OF THE DEPARTMENT OF LABOR.

Recording secretary .— The recording secretary shall attend all meetings o f the asso­
ciation and governing committee, and keep a record o f all transactions therein,
including the reports o f the financial secretary and treasurer; keep a hook contain­
ing the constitution o f the association, in which shall he suhscrihed the names o f all
the members and the date o f the commencement o f their membership; call all meet­
ings of the association and governing committee when ordered by the president, and
perform such other duties as may be assigned to him.
F inancial secretary .— The financial secretary shall collect all initiation fees and
dues, and keep a ju st and true account o f the same; pay them over to the treasurer
on or before the stated meeting in each month, taking his receipt therefor; issue
all warrants on the treasurer in payment o f money; report at each meeting the
amount received as dues and initiation fees, and the number o f members dropped for
nonpayment o f dues or for other reasons; make out the annual dividend and submit
it to the finance committee for approval, and perform such other duties appertaining
to his office as the association may direct. He shall be required to give a bond in
the sum of five hundred dollars for the faithful performance of his duties. A t the
end o f his service he shall deliver to the governing committee, or his successor, all
books, papers, and valuables of every description under his control belonging to
the association.
Treasurer .— The treasurer shall receive all funds from the financial secretary,
giving his receipt therefor; deposit the same in a bank which shall be selected by a
committee consisting o f the president, financial secretary, and treasurer; pay all
drafts ordered by the association or governing committee and signed by the presi­
dent and financial secretary. He shall have in his charge the bank book o f the
association, keep a correct account o f all receipts and disbursements, and at no time
shall he retain over $100 on hand. Whenever required he shall produce his bank
book for the inspection o f the governing committee, and w ill not, under any circum­
stances whatever, be allowed to draw moneys from the bank without the indorse­
ment o f the president and financial secretary upon the backs o f all checks drawn
upon the bank. He shall be required to give a bond in the sum o f five hundred dol­
lars for the faithful performance o f his duties, and at the expiration o f his term o f
office, or in case o f resignation, death, or inability to perform his duties, he shall
deliver, or cause to be delivered, to the governing committee, or to his successor in
office, all the moneys, books, papers, land valuables o f every description in his hands
belonging to the association.

DUTIES OF COMMITTEES.
G overning committee .— The governing committee shall have general supervision of
the good and welfare o f the association. They shall hold meetings at the call o f the
president, whenever the business of the association shall require it, for the relief o f
the sick or other causes. They shall adt as a committee on membership, to whom
shall be referred, one week previous to the regular monthly meeting, all applications
for membership, and they shall report to the association what facts they may deem
pertinent in connection with such applications. After such report each candidate
shall be voted for by ballot, and three negative votes shall reject.
To the governing committee shall also be referred all applications for the relief o f
members, and they shall report their action in such cases to the association at the
next regular meeting. They shall ascertain the condition o f each applicant for
relief, and fully satisfy themselves as to the propriety o f granting such relief under
the provisions o f the constitution: Provided, That in case the applicant is sick while
absent from the city the governing committee shall have discretionary power as to
the merits o f the case on failure o f the applicant to comply with the by-laws.
F inance committee .— The finance committee shall make a thorough examination o f
the accounts o f the financial secretary and treasurer at least once in six months
(and oftener i f so directed by the association), and make a full report in writing o f
the same to the association




MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

83$

SICK BENEFITS.
M o d e o f obtaining. — In the event o f the sickness or other disability o f any member
o f this association, he shall be entitled to receive the sum o f ten dollars weekly. In
all such cases notice shall be given to the president, vice president, or recording
secretary, or any member o f the governing committee, by the applicant for relief
within six days, whereupon the recording secretary shall appoint one or more o f the
governing committee to visit the sick or disabled member and report at the next
meeting o f the committee; when, i f it appears that he is entitled thereto, he
shall receive benefits from such time as the committee shall decide upon; but in no
case shall ho receive benefits for more than one week prior to application for the
same, nor for any period after he has, in the opinion o f said committee, recovered
from such sickness or disability, and when recovered he shall notify the secretary o f
date o f recovery.
A p p ea l f r o m governing committee. — In an adverse decision by the governing com­
mittee in an application for benefits, a member shall have the right to appeal to
the association within one month. Notice shall be given the president o f such
appeal. At the hearing testimony may be introduced, i f sworn to, but may be
rebutted by any evidence in the possession o f the association. The association shall
render a decision upon the facts and in conformity with its constitution and by-laws,
and such decision shall be final and binding upon the member appealing, and hie
signature to the constitution o f this association shall be witness of his agreement
thereto.
When affidavit is required. — A member who becomes sick or disabled, and who
resides so far outside the city limits as to make it inconvenient for a committee to
visit him, must accompany his application with the affidavit o f a physician, sworn
to before a notary public, or any other officer using a seal, which affidavit shall be
received only as prima facie evidence o f the sickness of the applicant for relief, and
may be rebutted by any other evidence which may come to the knowledge o f the
association.
Benefits allowed .— Benefits shall not be paid for less than one nor more than six
weeks’ sickness in one association year: Provided , That one week shall be held to
consist o f six consecutive working days; and no benefits shall be paid for the frac­
tional part o f a week, excej>t in case o f the death o f a member while receiving
benefits, when he shall be granted benefits for the week in which his decease occurs.
W hen entitled to benefits .— Benefits shall not be paid to a member until ho ha§ paid
monthly dues and been a member for two months, which membership shall com­
mence the first day o f the month following the day o f his election.
Chronic disease .— Any member claiming benefits on account o f disease which is
found to have been contracted andtfo have manifested itself prior to his admittance
shall be allowed such benefits as the association may deem advisable: P rovided%
however, The applicant has truly informed the association o f his condition prior to
his election to membership. I f he is found to have made false statements, he shall
receive no benefits whatever.
Feigned sickness.— A n y member who shall feign sickness or disability for the pur­
pose o f obtaining the weekly benefits shall be expelled from the association, for­
feiting all moneys paid in.
E xcessive indulgence.— No benefits shall be paid for sickness arising from excessive
indulgence or indiscretion.

REVENUE.

Initiation f e e . — Every application for membership in this association must be

accompanied by an initiation fee o f one dollar and be indorsed by a member of the
governing committee.
M o n th ly dues.— Every member o f the association shall pay each month, on or
before the 15th, to the financial secretary or his representative, the sum o f one
dollar, which shall entitle him to all the benefits and privileges o f the association-

7443— No. 19-----4



8M

BULLETIN OF THE DEPARTMENT OF LABOR.

Should ho fail to make such payment, he shall forfeit his right to benefits for that
month. And any member who shall fail to make such payment during that month
shall be dropped from the roll of membership, and forfeit all right and claim to
relief and benefit from the same. Nor shall any person after having been dropped
for nonpayment o f dues again become a member o f this association except by making
application for new membership.

SALARIES.
Officers.— The officers’ salaries per annum shall be as follows: President, $10;
vice president, $10; recording secretary, $60; financial secretary, $100; treasurer,
$60.
Committees .— The members o f the governing committee shall each receive $10 per
annum. The members o f the finance committee shall each receive $5 per annum.

ELECTION AND OBLIGATION OF OFFICERS.
The annual election and installation o f officers shall take place at the December
meeting. The voting shall be by ballot, and it shall require a majority vote of
those present to eleet: P rovided, That in the event o f a vacancy during the year,
caused either by the death, resignation, or other inability o f any officer to perform
his duties (such vacancy occurring in the interval between regular monthly meet­
ings), the governing committee shall elect his successor, to serve until the next
regular meeting.
Before assuming the duties of their respective offices, the officers shall take the
following obligation: “ I , -------------- , do pledge m y honor that I will, to the best of
my ability, discharge the duties devolving on me as ------ o f this association, and
earnestly endeavor to maintain its integrity.’7

MONTHLY MEETINGS.
The association shall meet regularly on the first Sunday after the second Monday
in each month, at such hour as may be designated by the recording secretary.
Special meetings may be held, as provided for above, and any business that may
properly come before a regular meeting may be transacted at a special meeting.
A t all meetings seven members shall constitute a quorum for business.

ATTENDANCE OF OFFICERS.
Should an officer o f the association, or a member o f the governing committee,
fail for two consecutive months to attend the meetings o f the association or govern­
ing committee, his office shall be declared vacant and his successor elected or
appointed at the next regular meeting, unless he furnishes a reasonable excuse for
not attending.

PRESERVATION OF PAPERS.

A ll applications for membership, letters, bills, reports, or communications per­
taining to the business o f the association shall be preserved for future reference by
the proper officers.

WITHDRAWAL.

No member shall be entitled to demand tbe return o f any money which he shall
pay into the treasury o f this association, except in case of his withdrawing crom the
employ of the office, voluntarily or otherwise; but in the event o f his failure to com­
ply with the constitution and by-laws he shall forfeit all right to the same and all
participation in the benefits thereof, and his signature to the constitution shall be
a testament o f his agreement thereto.
Members who resign or are discharged from employment in the Government Print­
ing Office, or any o f its branches, and who leave the city, are requested to withdraw
from the association, and the secretaries shall so record them.




MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

835

DROPPED MEMBERS.
No member o f this association who, after having drawn benefits, allows himself
to bo dropped shall again be eligible to membership.

FRAUD.
Should any member be accessory to any imposition, or aid or abet any other mem­
ber in practicing a fraud upon this association, he shall be considered as guilty as
the impostor, and also be expelled, forfeiting all moneys paid in.

SIGNING CONSTITUTION.
Each member shall sign a book to be kept by the recording secretary, which shall
contaiu the constitution, and shall then become a member in good standing, entitled
to all the reliefs and benefits o f this association, subject to the conditions o f this
constitution :.nd by-laws.

AMENDING THE BY-LAWS.
The by-laws must be amended in the mode provided for in the constitution.

The association has been a success from its inception. During the
thirteen years and nine months o f its existence it has furnished assist­
ance to 682 sick or disabled members to the amount o f $17,860, covering
a period o f 1,786 weeks. The total amount paid into the treasury during
this time as dues, initiation fees, and fines has aggregated $51,885; and
the disbursements for pro rata dividends have amounted to $31,242.
The average pro rata dividend for the 13 full years was $9.05 per
year, making the average cost per year for each member but $2.95.
By referring to the financial statement, it will be seen that a person
who has been a member from the beginning o f the association will have
received as dividends the sum o f $123.88, in addition to the benefits
which he may have been entitled to on account o f sickness. Thus relief
has been furnished at actual cost, which was the object in view, and,
though not so intended, the association has operated as a savings insti­
tution. The employees of the Government Printing Office now number
over three thousand.
MEMBERSHIP AND OPERATIONS OF THE GOVERNMENT PRINTING OFFICE M UTUAL
RELIEF ASSOCIATION.

Year ending—

November 30—
1883 ( a ) ................
1884.......................
1885.......................
1886.......................
1887.......................
1888.............. .
1889......................
1 8 9 0 ...................
1891.......................
1892......................
1893.......................
1894.......................
1895.......................
1896......................

Mem­
bers.

49
113
142
189
246
204
418
356
395
410
415
314
424
538

Members Aggre­
Pio rata Cost of
gate
Payments Receipts Receipts
drawing weeks
from
dividend insurance
from
of for sick
sick
initiation
to each
per
sick
dues.
benefits.
member. member.
benefits. benefits.
fees.

5
20
20
28
37
38
59
58
65
66
73
65
60
88

a Nine months only.




9
44
39
53
106
95
163
150
181
193
191
155
182
225

$90
440
390
530
1,060
950
1,630
1,500
1,810
1,930
1,910
1,550
1,820
2,250

$286
993
1,258
2,148
2,630
3,299
4,285
4,143
4,655
4,917
4,994
4,622
4,691
6,181

$46
64

b 98
5194
5 252
5241
5 349
275
333
270
275
63
162
161

5 Including fines.

$6.24
7.94
10.33
11.30
9.00
10.00
8.85
9.00
8.70
8.55
8.45
8.87
8.00
8.65

$2.76
4.06
1.67
.70
3.00
2.00
3.15
3.00
8.30
3.45
3.55
3.13
4.00
3.35

836

BULLETIN OF THE DEPARTMENT OP LABOR.

EQUITABLE BELIEF ASSOCIATION, W ASHINGTON, D. C.
Following the successful operation o f the Mutual Belief Association,
another association was formed in the Government Printing Office May
16,1893, but its membership was not confined to that office, as was the
case with the older association^, Only white male persons were eligible.
Its essential features are about the same as those o f the other associa­
tion. In the event o f sickness or other disability o f any member, he is
entitled to $10 per week. Such benefits are not paid for less than one
nor more than six consecutive weeks’ sickness from the same cause in
one fiscal year. One week consists o f six consecutive working days,
and no benefits are paid for fractional parts o f a week except in case o f
the death o f a member while receiving benefits, when he is granted bene­
fits for the week in which his death occurs. Benefits are not paid to a
member until he has been connected with the association for two months
and paid monthly dues for that period. Monthly dues are $1, and the
initiation fee is the same. Members allowing themselves to be dropped
from the association after having drawn benefits are not again eligible
to membership.
Pro rata dividends are declared at the annual meetings o f all funds
in the treasury to all members o f the association entitled thereto.
Members having received benefits amounting to more than the pro rata
dividend are not entitled to further dividends. Pro rata dividends are
also paid to members in.good standing who may voluntarily resign, and
who have not drawn sick benefits equal to the amount o f the dividend.
The association may be disbanded by a vote o f three-fourths o f the
members in good standing present at any meeting, one week’s notice,
having previously been given. Not less than 25 members shall consti­
tute a quorum at such meeting. The funds are distributed pro rata
among the members in good standing at the time o f the disbandment.
The operations o f the Equitable B elief Association for each year of
its exi stence are shown in the table following. From the figures therein
it will be seen that for the comparatively small monthly payment of
$1 those composing the membership not only secured for themselves a
fair weekly income in case o f sickness, but had returned to them at the
end o f the year about three-fourths o f the amount they had paid in :
MEMBERSHIP AND OPERATIONS OP THE EQUITABLE RELIEF ASSOCIATION.

Year ending-

December 19—
1893 ( a ) .............................
1894...............................
1895....................................
1896....................................




Members Aggregate
Payments] Receipts
Members. drawing
weeks of for sick • from
sick
sick
benefits.
dues.
benefits. benefits.

90
123
189
294

11
36
24
35

23
87
52
89

a Seven months only.

$230
870
520
890

$687.00
1,643.50
1,998.99
3,422.94

Pro rata Cost of
dividend insuran ce
to each
per
member. member.

$5.18
7.08
9.45
9.12

$1.82
4.92
2.55
2.88

MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

837

WOMEN’S BINDERY MUTUAL RELIEF, W ASHINGTON, D. C.
This association is composed exclusively o f female employees o f the
Government Printing Office, and was organized December 6,1894. The
membership was 300 on October 1,1898. The initiation fee is 50 cents,
and the dues are 50 cents per month. Sick benefits are $5 per week.
A ll funds on hand are divided pro rata among the members annually.
The general rules o f the Women’s Bindery Mutual Relief are based on
the same plans as the earlier-formed associations of the Government
Printing Office.
W ORLD BENEFIT ASSOCIATION, NEW YORK, N. Y.
In some cities, where large numbers o f compositors and others en­
gaged in the printing and allied trades are employed in a single estab­
lishment, the usual form o f relief associations has been modified by
incorporating a money-loaning provision in the by-laws. B y this pro­
vision the members may secure short-time loans at a moderate rate o f
interest, and the amount o f the pro rata dividend is therefore increased.
The W orld Benefit Association, one o f the three relief associations
existing in the New York W orld newspaper office, furnishes an illusr,
tration o f this feature, which is well described in the following section
from Article Y II o f the constitution:

Section 1. The secretary-treasurer shall have power to loan all
funds in excess o f #30 to members o f the association in good standing
(free from any indebtedness) to an amount not to exceed #10 to any
individual member, and at a rate o f interest o f 2 per cent per week,
interest to be paid weekly. Said #10 loan to be divided into two
classes: Class A and Class B. In Class A , members are entitled to a
loan o f $5 in the order o f their application. Class B : When all the
members who wish it have received Class A loans, an extra $5 may be
loaned to them in the order o f their application. Should it be neces­
sary to call in the loans at any time to prevent an assessment, the
loans taken out in Class B shall be the first called in, and in the order
in which they were loaned out. The secretary-treasurer shall make a
note o f Class B loans on the stub opposite the borrowers’ names.
Section 2 provides that no names shall be received for loans for a
new term more than three weeks prior to the closing o f a term.
This association was organized A pril 16,1895. Membership is open
to employees from any department o f the W orld office. Dues were
25 cents per week until the last period, when they were increased to
50 cents per week. Ten dollars per week is paid for sickness for a
period o f 13 weeks. Relief is not allowed if caused from the immediate
effect o f drunkenness. Members are exempt from payment o f dues dur­
ing illness. Members who have received benefits shall be entitled to
a share o f the semiannual dividends the same as other members.




838

BULLETIN OP THE DEPARTMENT OP LABOR.
MEMRURSHTP a n d o p e r a t io n s o f t h e w o u l d b e n e f it a s s o c ia t io n .

Six months ending—

Receipts Pro rata
Members Aggrefrom
Payments Receipts
gate
initiation dividend
for
sick
from
weeks
of
Members. drawing
sick
sick
dnes. fees and to each
benefits. benefits. benefits.
interest. member.
10
15
17
17
15

47
71
109
131
140

October 15,1895......................
April 14,1896..........................
October 13,1896____. . . . . . . . .
April 13,1897..........................
October 12,1897____. . . . . . . . .

28
39
58
65
50

$280
390
580
650
500

$344.50
478.25
719.25
883.00
1,800.00

$276.90
266.25
402.25
323.60
423.00

$4.65
3.50
4.00
3.00
11.50

W ORLD MUTUAL BENEFIT SOCIETY, NEW YORK, N. Y .
The three relief associations in the W orld newspaper office are con­
ducted upon similar lines. The financial operations o f the W orld
Mutual Benefit Society show more clearly than the others the results
o f the interest-bearing loan feature. In this association settlements are
made semiannually. The amount o f interest received since its organi­
zation on July 5,1892, has aggregated $3,578.85, resulting in increasing
the pro rata dividend largely and in some instances reducing the cost
o f relief to nothing for the half year.
Employees o f the W orld composing-room floor over 21 years o f age
are eligible to membership. The initiation fee is $1 and the weekly
dues are 25 cents. Sick benefits are paid not to exceed 13 weeks in
any half year, and sick members are exempt from paying dues, but are
required to pay interest on borrowed money. Sick benefits are not
allowed to any member suffering from venereal disease or from the imme­
diate effects o f drunkenness. Members receiving benefits during the
term are not entitled to a dividend. Those leaving the employ o f the
office and continuing to pay weekly dues may retain their membership
until the end o f the term, and are entitled to all benefits and a pro
rata share in the semiannual dividend. Any funds o f the association
in excess o f $50 may be loaned to members in amounts not to exceed $5
at 5 per cent interest per week.
MEMBERSHIP AND OPERATIONS OF THE WORLD M UTUAL BENEFIT SOCIETT.
Aggre­
Mem­
Receipts
Re­ Receipts
bers
gate Payments from in­
Six months end­ Mem
from
drawing
weeks
of
for
sick
terest
on ceipts
bevs.
from
ing—
initia­
sick
sick
benefits. loans to dues.
tion
fees.
benefits. benefits.
members.
December31,1892.
June30,1893.........
December31,1893.
July 31,1894 (a )..
January 31,1895..
Jnly 31,1895.........
January 3 1,1 ^ 6..
July 31,1896.........
January 31,1897..
July 31,1897.........

.96
123
118
121
110
112
114
120
115
114




7
20
11
11
5
15
14
11
14
13

35
85
44
52
23
63
69
35
59
55

$350
850
440
520
230
630.
690
350
590
550

$323.80 $696.25
353.85 763.75
448.20 756.05
503.10 787.00
378.20 661.00
285.00 701.00
237.60 727.50
381.65 761.25
332.35 712.50
335.10 712.25

a Kb financial operations for one month.

$38
14
16
5
12
17
8
8

Pro rata Cost of
dividend insur­
to each ance per
member. member.
$5.00
2.25
6.50
3.75
7.40
3.50
2.00
6.50
4.00
4.25

$1.50
4.25
2.75
3.00
4.50
2.50
2.25

839

MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

COMPOSING-ROOM RELIEF ASSOCIATION OF THE WORLD,
NEW YO RK , N. Y .
This association was organized October 5, 1889, and reorganized
November 6, 1891. No persons are eligible for membership except
those employed in the composing room. The dues are 25 cents, pay­
able weekly. The sum o f $10 per week is paid to any member sick
or incapacitated for work, limited to 13 weeks in any half year. The
funds o f the association in excess o f $50 may be loaned to members in
amounts not to exceed $5, at the rate o f 2 per cent interest per week.
The funds o f the association are divided pro rata among the members
in good standing in the months o f May and November o f each year,
after deducting the sum o f $1 per member.

MEMBERSHIP AND OPERATIONS OF THE COMPOSING-ROOM RELIEF ASSOCIATION
OF THE WORLD.
Members
drawing
Six months ending— Mem­
bers. sick
benefits.
May, 1890__ j...........
November, 1890 (&)...
May, 1894..............
November, 1894.........
May, 1895...................
November, 1895.........
May, 1896...................
November, 1896.........
May, 1897...................
November, 1897

48
07
209
174
116
123
141
147
160
149

(a)
(a)
(a)
(a)

15
15
24
15
14
12

Aggre­
Receipts
gate of Payments
for sick from
weeks
sick benefits. dues.
benefits.
12
21
52
148
45
59
79
70
71
65

$120
210
520
1,480
450
590
790
700
710
650

$312
427
681
1,410
775
788
910
953
995
950

Receipts
from
initiation
fees and
interest.
$2
767
470
430
511
415
454
431
500

Pro rata Cost of
dividend insurance
to each per
member. member.
$2.25
1.60
2.25
.65
4.60
4.25
2.00
3.00
2.50
2.75

$4.25
4.90
4.25
5.85
1.90
2.25
4.59
3.50
4.00
3.75

a Not reported, b No data obtainable for the time between November, 1890, and November, 1893.
NEW YORK TIMES MUTUAL BENEFIT ASSOCIATION, NEW
YO RK , N. Y.
Any person employed in the composing room o f the New York Times
may become a member o f this association upon making a deposit o f $2
with the secretary-treasurer, together with a certificate o f good health,
if deemed necessary, from a regular physician. The weekly dues are
25 cents, sick members being exempt. The sum o f $10 per week is
paid to any sick or incapacitated member, but no benefit is paid for a
fractional part o f a week. The funds o f the association are divided
pro rata among the members in good standing, who have not drawn
three weeks7benefits, in the months o f June and December o f each year,
after deducting the sum o f $2 per member, which sum so deducted
remains in the treasury, except in case o f withdrawals. Members
leaving the office must sever their connection with the association and
receive their pro rata share o f the funds up to the date o f leaving.
Money is loaned to members, but not to exceed $15 at any one time.
New members can not borrow money until after they have been mem­
bers four weeks. Money is also loaned without interest for short
periods upon resolution o f the association.



840

BULLETIN OP THE DEPARTMENT OF LABOR.

Since 1883, when the association was organized, 105 members, have
drawn $9,300 in benefits, aggregating 930 weeks’ sickness, and the sum
o f $4,300 has been divided pro rata among the members. The sum of
$15,860 has been received from dues.
M AIL AND EXPRESS BENEVOLENT SOCIETY, NEW YOBK,
N. Y .
This relief association is restricted to members o f Typographical
Union No. 6, o f New York, employed in the Mail and Express compos­
ing room, and was organized in 1887. It has made a remarkable show­
ing in connection with its interest-loaning feature, the interest from
loans aggregating so much that the pro rata dividends have amounted
to more than the cost o f insurance per member in each half-year period,
with one exception. The dues are 25 cents per week. In the event of
sickness or other disability, $10 per week is paid, limited to 16 weeks’
continuous relief. Members receiving benefits exceeding the pro rata
share are not entitled to dividends. The table shows the operations of
the society from 1893, data for previous years not being obtainable, as
the books were destroyed.
MEMBERSHIP AND OPERATIONS OE THE M A IL AND EXPRESS BENEVOLENT
SOCIETY.

Six months ending—

j une 30,1893..............................
llficenibfii’ 31,1$93________. . . . .
•Tuba 3 0 ,1 8 9 4 ...................
TlscfimhAr 31,1894_______ ____
June 30,1895..:..........................
DpAemher 31,1895____________
.Trmft 30, 1890..'________ _____ _
DAC^mhAr 31,1896...................
June 30,1897............. .

Mem­
bers.

37
39
33
35
37
31
38
36
33

Receipts
Members Aggre­
gate Payments from
drawing weeks
does
of for sick
sick
and
sick
benefits. interest.
benefits. benefits.
3
2
1

8
9
3

$80
90
30

4
3
1
2
1

9
20
7
4
3

90
200
70
40
30

$346.30
400.16
353.20
393.50
342.85
232.50
354.20
375.80
353.20

Pro rata Cost of •
dividend insurance
per
to each
member. member.
$6.95
7.30
8.85
10.10
6.50
6.60
8.70
8.85

$7.50

PRESS BENEVOLENT ASSOCIATION, NEW YORK, N. Y.
This association was organized January 1,1888, and its membership
restricted to employees o f the newspaper composing room. Dues are
25 cents per week, but a member who is ill is exempted during such
illness. Death benefits are paid by an assessment o f $1 per member.
Two weeks’ arrearage in dues causes a member to forfeit his member­
ship. In case the regular dues are not sufficient to pay benefits an
assessment is levied. Statistics are not available, except for the year
ending August 1,1897, which are as follow s: Number o f members, 50;
number o f members drawing sick benefits, 14; aggregate number o f
weeks o f sick benefits, 52; amount paid in sick benefits, $526.05; num­
ber o f deaths, 2; amount paid in death benefits, $97; amount received
from dues, $637; amount received from initiation and other fees, $100;
pro rata dividend to each member, 75 cents.



841

MUTUAL BELIEF AND BENEFIT ASSOCIATIONS.

TRIBU TE BENEFIT ASSOCIATION, NEW YORK, N. Y.
This association was organized April 7,1889. Any member o f the
working force in the composing room or its dependencies, in ordinary
good health and drawing a salary o f $15 or over per week, is eligible
to membership. The initiation fee is $1, and the weekly dues are 25
cents. A reserve fund is held to the amount o f $200, and, if necessary,
assessments are levied to maintain it. In the event o f the death o f a
member in good standing the sum o f $100 is paid to the family o f the
deceased or representative thereof. The funds o f the association, except
the reserve noted above, are divided among the members pro rata
semiannually.
MEMBERSHIP AND OPERATIONS OF THE TRIBUNE BENEFIT ASSOCIATION.

Tear.

1889 (a ). . . .
1890............
1891............
1892............
1893............
1894............
1895............
1896............
1897 ( 6 ) ....

Members Aggre­
Pro rata
Payments
gate
Payments Receipts Receipts
drawing weeks
from
dividend
of for sick Death for death
from
sick
benefits.
initiation
to each
sick
benefits.
dues.
benefits. benefits. benefits.
fees.
member.

Mem­
bers.

58
56
59
60
62
58
58
58
59

6
6
8
14
16
7
5
10
3

31
29
31
30
73
41
22
40
23

a Nine montlis only.

$310
290
310
300
730
410
220
400
230

1

$100

3
1

300
100

$475
413312
880
961
750
880
880
367

$2
1
8
41
•7
9
14
20
4

$3.75
1.25
1.75
2.50
2.00
1.75

b Six months.

D A IL Y NEWS SICK BENEFIT AND LOAN ASSOCIATION,
NEW YORK, N. Y.
This association was organized August 24,1896. The membership is
open to printers, editors, and reporters. The initiation fee is $1, and
the weekly dues are 25 cents. Surplus money is loaned to members at
a low rate o f interest. Statistics are available only for the six months
ending August 23,1897, aud are as follow s: Number o f members, 39;
number o f members drawing sick benefits, 1; number o f weeks o f sick
benefits, 4; amount paid for sick benefits, $28; amount received from
dues, $251.25; amount received from initiation fees, $39; pro rata divi­
dend to each member, $5.31; cost o f insurance per member, $1.19.
SICK BENEFIT SOCIETY OF THE GERMAN PRINTERS OF
NEW YORK, N. Y ., AND VICIN ITY.
This society (Der Kranken-TJnterstiitzungsverein der Deutschen Buchdrucker von New York und Cmgegend) was founded January 31,1852,
and the constitution was revised January 4,1891, and October 7,1894.
Its membership is open to all persons in good standing in the GermauAmerican Typographia and the International Typographical Union,
and who pass a physician’s examination as to good health. According
to the revised constitution the initiation fee is $2. Dues are 15 cents



842

BULLETIN OP THE DEPARTMENT OF LABOR.

per week. An assessment o f 75 cents is made upon the death o f a
member, and the society sets aside the sum o f $100 for funeral expenses.
I f the deceased leaves no relatives, the executive committee attends to
the burial, and any surplus that may remain, if the deceased has not
otherwise provided, reverts to the fund o f the society. A n assessment
o f 25 cents is made upon the death o f a member’s wife, if he has been
a member o f the society at least six months, and the sum o f $50 is paid
for the funeral expenses.
During sickness or disability the sum o f $5 per week is paid until
the member has drawn $300, and afterwards the benefit is reduced to
$3 per week until the amount reaches $200 more, or $500 in all, when
all such payments cease. When a member has drawn $500, the asso­
ciation may, by the payment o f an additional $100, purchase a release,
whereby all obligations o f the society toward the member may be
extinguished. Every person is^entitled to benefits who has been a
member three months and has promptly paid his dues. I f a member
leaves the city o f New York, but remains within the United States, he
may retain his membership by- paying dues three months in advance
and 25 cents per quarter additional.
Complete data for this society are not available.
According to the schedule received from the society, the following
data for the year ending June 30,1897, are obtained: Number o f mem­
bers, 66; number o f members drawing sick benefits, 17 j aggregate num­
ber o f weeks o f sick benefits, 127; amount paid for sick benefits, $501;
number o f deaths, 4; amount paid for death benefits, $350 ; cost of insur­
ance per member, $10.80.
W YNKOOP & HALLENBEOK BENEFIT ASSOCIATION, NEW
YORK, N. Y .
This association was organized March 18,1893. A ny person (male
or female) in the employ o f W ynkoop & Hallenbeck, printers, who is in
good physical health is eligible to membership and may participate in
the benefits o f the association, provided that in case o f sickness or dis­
ability such condition is not the direct result o f his or her misconduct.
B y the amended constitution o f November 3,1894, the initiation fee is
$1 and the dues are 25 cents per month. I f at any time it be deemed
necessary, the board o f managers may order an assessment to meet
any extraordinary claims upon the association. A ll applicants for
membership are required to pass a medical examination before being
admitted into the association. Members in good standing who may be
prevented by sickness or injury from pursuing their usual vocations
receive $6 per week for the first 12 weeks (and at the rate o f $6 per
week for fractions o f a week beyond one week) o f such sickness or
injury; $3 per week for the ensuing 6 weeks, and for any subse­
quent period during which such ailment shall continue, a sum which
shall be determined upon at a special meeting called to take action



MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

843

upon the case. No benefits shall be paid for disability continuing less
than one week. No person shall be entitled to benefits until he or she
shall have been a member in good standing for three months. In case
o f the death o f a member in good standing, the sum o f $75 shall be
paid to the legal representative o f such deceased member. Should
there not be sufficient money in the treasury to meet the demand, an
assessment shall be collected from each surviving member to meet the
deficiency. The association shall not be dissolved while 50 members
remain in good standing.
MEMBERSHIP AND OPERATIONS OE THE WYNKOOP & HALLENBECK BENEFIT
ASSOCIATION.

—

Year ending

17,1894.........
28,1895...
29,1896...
28,1897...

March
February
February
February

Members
Mem­ drawing
sick
bers.
benefits.

93
97
108
103

Re­
ceipts
Aggre- Payments
Re­
Payments
from
gate clays for sick Death
death ceipts
initia­
of sick
benefits. for
from tion
benefits. dues.
and
benefits. benefits.
other
fees.

82
135
205
185

7

13
12
12

$82.00
185.00
205.00
185.00

1
1

$87.00 $295.50
274.50
268.50
75.00 299.75

$18.54
30.13
152.83
231.68

Cost of
insuranceper
member.

$3.00
3.00
3.00
3.00

STANDARD-UNION MUTUAL BENEFIT ASSOCIATION,
BROOKLYN, N. Y.
This association was organized December 27,1887. The member­
ship is restricted to employees o f the Standard-Union. There is a loan
feature attached, borrowing members being chargeda sufficient interest,
pro rata, to pay the expense o f management. The rate o f interest
varies according to the amount borrowed, but will average 2 per cent
per month.
MEMBERSHIP AND OPERATIONS OF THE STANDARD-UNION M UTUAL BENEFIT
ASSOCIATION.

Year.

1888...............................................

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

1890..............................................
1891..............................................
1892........................................... .
1893...............................................
1894.
......................................
1895..............................................
1896..............................................




Mem­
bers.

21
24
25
30
30
30
32
36
36

Members Aggre­
rata Cost of
gate Payments Receipts Pro
drawing weeks
dividend insur­
for sick
from
sick
to
each
ance per
of sick benefits.
dues.
benefits. benefits.
member. member.
2

7

$49

1

12

84

4
1

10
5

70
35

3
2

13
6

91
42

$262.50
250.50
263.00
375.00
375.00
375.00
400.00
450.00
450.00

$10.15
12.50
7.10
12.50
10.15
11.30
12.50
9.90
11.35

$2.35
5.40
2.35
1.20
2.60
1.15

844

BULLETIN OF THE DEPARTMENT OF LABOR

UTICA TYPO G RAPH ICAL BENEFIT ASSOCIATION, U TICA,
N. Y .
This association was organized March 14, 1891. A ny member o f
Utica Typographic^ .Union, No. 62, who has been such for three con­
secutive months, is entitled to membership. An initiation fee o f 50
cents is charged, and each member pays 25 cents per week nntil the
amount o f $5 has been paid, after which he is not required to pay dues.
When the amount o f money in the treasury falls below $3 per capita
the weekly dues o f 25 cents are resumed until the sum in the treasury
is again $5 per capita. A member having paid dues to the amount o f
$5, and wishing to withdraw from the association, shall be entitled to
50 per cent o f his pro rata share o f the fund as it then stands. The
amount o f sick benefits a member shall receivers $5 per week, limited
to not more than 26 weeks in any 52 consecutive weeks. Dues are
remitted during sickness. On the death o f a member in good standing
an assessment o f $1 is levied upon each member; if there is sufficient
surplus over $5 per capita, the death benefit shall be paid from said
surplus and no assessment levied.
The funds o f the association are loaned to members, not to exceed $5
to each, at the rate of 3 per cent per week. The interest received from
loans has kept the amount in the treasury above $3 per capita, and no
member has paid dues, except new members, since September 7,1895.
Dividends may be declared semiannually and divided pro rata among
all members o f the association, if so ordered by a two-thirds vote at
the semiannual meetings. Statistics are not available for the years
preceding 1895.

MEMBERSHIP AND

Year ending—

December 31,1895—
December 31,1896....
August 31,1897 ( 5 ) ...

OPERATIONS OF UTICA TYPOGRAPHICAL BENEFIT ASSO­
CIATION.

Mem­
bers.

Receipts
dues,
Members Ageregate Payments Death Payments from
initiation
drawing weeks
of for sick benefits. for death
sick
fees,
sick
benefits.
benefits. interest,
benefits.
benefits.
etc.

47
59
50

aE ot reported.

(a)

11
8

69
61
35

$345
305
175

1

$44

2

106

$815.74
731.44
471.01

Pro rata
dividend
to each
member.

$6.42
6.89
5.52

&Eight months.

BOSTON H ERALD COMPOSING ROOM M UTUAL BENEFIT
ASSOCIATION, BOSTON, MASS.
This association was organized in October, 1884. The membership is
confined to employees o f the Herald composing room. Regarding the
payment o f dues, the following sections from the constitution are
quoted:
Section 14. Each member shall deduct in his weekly bill the sum o f
50 cents as dues to this association until the funds in the hands o f the
secretary-treasurer shall amount to $200, and thereafter the assess­



MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

845

ment shall be 10 cents per week, and for each week in which no bill is
rendered the amount o f the assessment o f that week shall be deducted
in the first bill presented thereafter. A ll assessments shall be sus­
pended during the time a member draws relief.
Sec . 15. Whenever the amount in the hands o f the secretary-treas­
urer shall fall below the sum o f $100 an extra assessment per member
shall be levied, to be deducted as provided for in section 14, the secre­
tary-treasurer to post a notice o f the extra assessment in a conspicuous
place in the office before the preceding Tuesday.
The amount paid for sick benefits is $1 per day, but benefits are not
allowed for more than 13 weeks in any six months. On the death o f a
member $50 is paid to the family or nearest o f kindred o f the deceased.
During the past seven years the association has paid 13 death'benefits,
amounting to $650. The association also embraces a money-loaning
feature extending to those who have been members for three months.
A member may borrow a sum not to exceed $15. Statistics for the
years preceding 1890 are not available.
MEMBERSHIP AND OPERATIONS OI’ THE BOSTON H EliALD COMPOSING ROOM
M UTUAL BENEFIT ASSOCIATION.

Year.

1890..............................................
1891..............................................
1 8 9 2 ..;.:... ...........................
1893..............................................
1894..............................................
1805..............................................
1896..............................................

Receipts
Pro rata
Members Aggre­
Receipts from ini­ dividend
Mem­ drawing gate days Payments
tiation
for sick
from
of sick benefits.
sick
ana
other
to each
bers.
■ dues.
benefits. benefits.
fees and member;
interest.
166
161
171
178
139
141
143

32
34
32
33
46
22
25

1,280
1,291
1,097
1,160
1,461
796
904

$1,280 $1,319.40
1,291 1,165.60
766.60
1,097
1,160
830.10
1,461
762.90
796
622.90
904
688.30

$487.84
720.00
1,871.35
2,411.95
1,881.35
1,146.10
1,804.25

$13.50
5.00
io.oo

POST SICK BENEFIT SOCIETY, BOSTON, MASS.
This association was organized January 1,1892. Only employees of
the composing room are eligible to membership. The initiation fee is
$2. One dollar per member is retained in the treasury each quarter to
form a sinking fund, until the sum o f $5 per member has been accumu­
lated, at which time the $1 assessment or contribution shall cease.
Anyone who is eligible may join at any time during the quarter by
paying an amount equal to that to the credit o f each member. The
dues are 50 cents per week, and in case a member neglects or refuses
to pay his dues for three consecutive weeks his name is dropped from
the membership list and he forfeits all money previously paid.
Money is loaned to members at the rate o f 1 per cent per week. In
the event o f a surplus fund in the treasury the secretary-treasurer may,
at his discretion, loan money to persons not members, provided the
persons desirous of borrowing have a sufficient amount due them for
work performed in the Post composing room to cover said loan. Sick
or disabled members are paid $1 per day. No one is entitled to bene­




846

BULLETIN OF THE DEPARTMENT OF LABOR.

fits until fie has been a member at least foor weeks, nor to more than
three months’ benefits in any six months. A ll benefits are paid weekly,
and the dues o f a member who is sick more than one week are remitted.
W ithdrawing members are entitled to a pro rata share o f all money in
the treasury at the time o f withdrawal. The pro rata division occurs
every thirteenth week, unless otherwise voted by the association.
The financial affairs o f the association being closed every 13 weeks
and the accounts audited, it was not deemed necessary b y the society
to retain data after the close o f the year. During the year ending Jan­
uary 1,1897, the association paid $224 to 9 sick members, covering an
aggregate o f 32 weeks, and collected $850 from dues, initiation fees, and
interest.
MUTUAL BENEFIT ASSOCIATION OP THE POST, BOSTON,
MASS.
This association was organized June 1,1896, and only persons work­
ing for the Post are eligible to membership. Members who joined the
association prior to July 15,1896, were exempt from paying an initia­
tion fee; to those joining after that date the initiation fee is $1. The
dues are 19 cents per week, and when the sum o f $100 has accumulated
in the treasury dues cease until the sum becomes less than $100, when
the regular dues of 10 cents per week are again collected. No funds
are loaned or paid out for any purpose whatever except for sick bene­
fits, which are paid at the rate o f $5 per week (seven days constituting
a week); but no benefits are given for any illness or disability o f less
than one full week, nor for more than 10 weeks in any one year.
In accordance with the constitutional provision that no dues shall be
collected when the sum o f $100 has accumulated in the treasury, there
were none collected during the months o f March, A pril, and May, 1897.
The membership and operations o f the association for the year ending
June 1,1897, are as follow s: Number o f members, 34; number o f mem­
bers drawing sick benefits, 4 ; aggregate weeks o f sick benefits, 7;
amount paid for sick benefits, $35; amount received from dues, $138;
amount received from initiation fees, $3; cost o f insurance per member,
$3.05.
AD VER TISE R AND RECORD BENEFIT AND LOAN ASSO CIA­
TION, BOSTON, M ASS.
This association was organized September 15,1895. Employees in
any department are eligible to membership. The dues are 25 cents,
payable weekly. Sick benefits are $7 per week. The association also
loans money to its members.




847

MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

MEMBERSHIP AND OPERATIONS OF THE ADVERTISER AND RECORD BENEFIT AND
LOAN ASSOCIATION.

Tear ending—

September 15—
1896........................................
1897........................................

Mem­
bers.

50
48

Receipts
Aggre­
from
Members
gate
Receipts initiation
drawing weeks of Payments
for sick
from and other
sick
sick
benefits.
dnes.
fees and
benefits. benefits.
interest.

3
2

39
7

$273
49

$650
614

$414
382

Pro rata
dividend
to each
member.

$8
17

ROCKW ELL & CHURCHILL MUTUAL BENEFIT ASSOCIA­
TION, BOSTON, MASS.
This association was organized in July, 1878, and is one o f tlie oldest
associations paying sick and death benefits. The dues are only 5 cents
per week, a fact for which the association is noted. The initiation fee
is $2, and assessments may be levied from time to time. The essential
features o f the association are given in the revised constitution and
by-laws adopted at the meeting in November, 1894. Any employee in
the office o f Rockwell & Churchill, printers, is eligible to membership,
provided he or she has been in their employ at least six months, con­
secutively, immediately preceding the application. Members leaving
the establishment may continue their membership as long as they con­
form to the requirements of the constitution. The members are allowed
to borrow small sums from the association at the rate o f 1 per cent
per week. It is stated that the interest received from this source
amounts to nearly as much as the amount received from dues.
Sick benefits o f $5 per week are paid, but are not continued for a
longer time than 13 weeks in the course o f one year from the date of
first application. On the death o f a member the sum o f $75, less all
debts which may have become due from the deceased, is paid to the
heirs. Prior to July, 1885, an assessment o f $1 per member was made
for death benefits. For the purpose o f carrying out the objects o f the
association a fund is established upon which no drafts are made that
will reduce it to less than $500. In case there is not sufficient money
in the treasury, in excess of $500, to meet claims which have accrued,
an assessment, not to exceed 50 cents, is levied pro rata upon the mem­
bers. The association may not be dissolved so long as ten members
are willing to continue it. Should the membership decrease to nine
these nine may dispose o f the funds as they deem proper, after which
the association ceases to exist.




848

BULLETIN OF THE DEPARTMENT OF LABOR.

MEMBERSHIP 4.ND OPERATIONS OF THE ROCKWELL & CHURCHILL MUTUAL
BENEFIT ASSOCIATION.

Year ending—

Members
Mom- drawing
bers. sick
benefits.

July, 1879...................
July, 1880...................
July, 1881...................
July, 1882...................
July, 1883...............
July, 1884................. .
July, 1885...................
July, 1886...................
July, 1887...................
July, 1888...................
July, 1889...................
July, 1890...................
July, 1891...................
July 1892...................
July, 1893...................
July, 1894...................
January BX, 1895 (ft) . January 31,1896.........
January 31,1897.........

55
61
S3
191
89
79
81
89
76
69
79
96
91
123
122
126
129
126
124

6
11
7
25
13
13
6
11
19
12
23
24
16
24
33
27
14
29
23

Aggre­
gate Payments Death Payments Receipts Receipts
ini­
weeks of for sick benefits.
for death from from
sick benefits.
benefits. dues. tiation
fees.
benefits.
43
$56
$215
$55 $140.00
1
99
31
495
164:00
74
370
23
220.00
96
480
2
169 255.00
31
no
1
550
4
89 239.10
111
555
2
6
162 213.65
37
185
21
1
75 206.15
2
150 231.50
81
405
30
136
3
225 205.40
680
835
1
75 180.50
67
580
75 164.27
116
1
35
475
2
95
150 214.05
28
72
360
1
75 220.50
4
435
87
252.45
42
530
106
322.65
11
91
455
327.80
7
64
320
187.40
9
129
645
75 326.50
8
1
755
151
324.55
10
!

a Seven months.
U N IVERSITY PRESS RELIEF ASSOCIATION, CAM BRIDGE.
MASS.
TM& association was organized March 3,1883. Any person employed
m m y capacity in the University Press, in good health, is eligible to
WBiabCrship. A member becoming sick or disabled is entitled to the
sum o f 15 per week, limited to seven weeks in the year, except by
unanimous vote o f the investigating committee. Dues are remitted
during illness. The dues are 10 cents for each fortnight. The investi­
gating committee is composed o f 9 members, 3 o f whom are women.

MEMBERSHIP AND OPERATIONS OF THE UNIVERSITY PRESS RELIEF ASSOCIATION.
Members
Receipts
Mem­ drawing Payments
for sick from
bers. sick benefits.
dues,
etc.
benefits.
3883 (a)
1884.. ..
1885.. ..

86
iio

118
128
158
144
136
178
165
208
208
156
158
154

1886 .. ..

1887.. ..
1888.. ..
1889-...

1890. . ..
1891 .--.

1892.. ..
1893.. ..
1894.. ..

1895 .. ..

1896.. ..




a Ten months only.

8
28
19

18
27
22
22
35
21
26
35
28
17
34

$163.85
382.45
308.39
295.06
m .o o
429.18
414.17
411.99
305.64
526.65
597.82
455.83
321.67
500.79

$223.60
286.00
306.80
332.80
410.80
374.40
353.60
586.31
507.77
687*97
648.89
595.17
459.94
530.67

MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

849

RIVERSIDE PRESS MUTUAL BENEFIT ASSOCIATION,
CAMBRIDGE, MASS.
This association was organized August 30,1883. The membership
is limited to a single establishment, The Riverside Press, but may
include members o f the firm and clerks as well as employees of the
printing, binding, and electrotype departments. Leaving the employ
of the establishment terminates membership in the association.
The fee for admission to the association is $1 for adult males and
indentured apprentices and 50 cents for all other persons. The dues
are 10 cents per week for adult males and indentured apprentices and
5 cents per week for all other persons. The benefits for sick or disabled
members are, for adult males and indentured apprentices, $G per week $
for others, $3 per week, payment to be computed from the commence­
ment of the disability, and all arrearages to be deducted from the first
payment. No member shall receive benefits for any fractional part of
the first week of disability, nor for more than 13 weeks in any one
year, except upon a two-thirds vote of the association. Benefits are
not paid to members of less than two months’ standing. Members are
not required to pay dues or assessments while receiving benefits. A
death benefit of $50 is paid to the immediate relatives or friends of
deceased members, or used to defray funeral or other expenses at the
discretion o f the board of government.
Money received from the female members of the association is applied
to the payment o f sick and death benefits of female members only. All
other money received is used to pay the running expenses of the asso­
ciation and the sick and death benefits of the male members.
MEMBERSHIP AND OPERATIONS OF THE RIVERSIDE PRESS MUTUAL BENEFIT
ASSOCIATION.
Members.
Year.
Males. Females.
1883( a ) ..........................
1884.................................
1885.................................
1886.................................
1887.................................
1888.................................
1889.............................
1890.................................
1891.................................
1892.................................
1893.................................
1894.................................
1895.................................
1896.................................

102
146
144
158
166
161
161
359
150
148
15jt
136
142
146

58
66
56
69
75
75
74
75
72
64
64
59
52
41

a Four months only.

7443—No. 19....—
5




Members Aggre­
gate
drawing weeks
of
sick
sick
Total. benefits. benefits.
160
212
200
227
241
236
235
234
222
2)2
218
195
194
187

1
39
41
36
46
51
49
57
45
51
39
29
39
19

i

3
136
192
145
176
212
149
175
143
272
178
123
167
54

Payments for sick, benefits.

i

Males.

Females.

(5)
$548.00
674.00
525.50
713.50
812.00
683.50
637.00
510.25
1,070.20
625.15
571.00
756.00
201.50

$137.47
241.25
162.25
182 50
251.75
119.50
199.25
207.25
349.50
234.00
94.75
119.50
67.00

i

b Not reported.

(b)

Total.
$18.00
685.47
915. 25
687.75
896.00
1,063.75
803.00
836.25
717.50
1,419.70
859.15
665.75
875.50
268.50

850

BULLETIN OF THE DEPARTMENT OF LABOR.

MEMBERSHIP AND OPERATIONS OF THE RIVERSIDE PRESS MUTUAL BENEFIT
ASSOCIATION—Concluded.
Death benefits.

Receipts from dues.
Payments
for death
Fe­ Total. benefits. Males.
Fe­
ales. males.
males. Total.

Year.

1883 (a)
1884.. ..
1885.. ..
1886.. ..
1887.. ..
1888.. ..
1889.. . .
1890.. ..
1891.. ..
1892.. ..
1893 -1894 -1895 -1896.. ..

1
1
1
1
5
2
1
2
3
1
2

1
2
1
1
2
1

2
1
1
3
5
2
2
2
1
5
1
1
2

$100
50
50
150
250
100
100
100
50
250
50
50
100

$215.20
787.00
770.50

(b)

911.20
862.55
810.00
797.00
799.10
771.14
759.95
717.55
717.20
755.10

a Four months only.

$42.00
183.30
150.15

(b)

196.20
197.70
189.15
185.90
194.40
172.25
143.75
157.25
146.40
111. 95

Receipts from initiation
fees.
Fe­
Males. males.

$257.20 $102.00 $29.00
970.30
47.00
8.00
920.65
11.00
2.50
979.97
(b)
(b)
1,107.40
(b)
ib)
1,060.25
22.00
3.50
999.15
5.00
2.50
982.90
11.00
4.00
993.50
5. CO
2.50
943.39
15.00
1.50
903.70
24.00
7.00
874.80
4.50
1.00
12.00
863.60
3.50
867.05
8.00
1.50

Total.
$131.00
55.00
13.50
54.00
29.00
25.50
7.50
15.00
7.50
16.50
31.00
5.50
15.50
9.50

b Not reported.

UNION PRINTERS’ BENEFIT ASSOCIATION, CINCINNATI,
OHIO.
This association was organized December 19,1886. The membership
is confined exclusively to those in good standing in any union within
the jurisdiction of the International Typographical Union. The initia­
tion lee is $1. Dues are payable monthly in advance, and vary from
20 to 35 cents per month, but are remitted during disability, i f the disa­
bility continues one month or longer. The sum o f $7 per week is paid
during illness, and fractional parts of weeks pro rata; limited to 12
weeks <jf continued disability. The board of trustees have power to
employ a physician or nurse, secure admission into hospital, or provide
a temporary home during such sickness or disability. Any member,
found guilty o f fraud may be expelled by a majority vote of members
in good standing present at any regular or special meeting. Should
the funds of the association become exhausted, and there be sick or
disabled members entitled to benefit, an assessment may be levied upon
every member in good standing to meet the existing demand. The
falling off in membership in 1895 and 1896 is attributable to the intro­
duction o f the linotype machines. The records of the association prior
to 1890 are not available.
MEMBERSHIP AND OPERATIONS OF THE UNION PRINTERS’ BENEFIT ASSOCIATION.

Year.

1890...............................................
1891...............................................
1892...............................................
1893..............................................
1894........................ ......................
1895...............................................
1896...............................................




Receipts
Members AggreReceipts from in­ Cost of
Mem­ drawing gate days Payments
from
for
sick
itiation insurance
bers.
sick
of sick
per
dues. and other member.
benefits. benefits. benefits.
fees.
115
05
89
97
93
55
43

18
13
11
10
10
5
5

483
241
223
197
168
87
80

$483
241
223
197
168
87
80

$266.55
367.75
270.25
375.00
239.45
165 75
300.25

$325.00
25.00
8.66
5.29
15.75

$4.73
3.07
3.07
2.57
2.36
2.50
2.84

MUTUAL RELIEF AND BENEFIT ASSOCIATIONS.

851

FBANKLIN BELIEF ASSOCIATION, GBAND EAPIDS, MIOH.
The membership of this association is restricted to the printing and
allied trades. The association was organized in October, 1892.
MEMBERSHIP AND OPERATIONS OF THE FRANKLIN RELIEF ASSOCIATION.

Year ending—

October 31—
1893 ( a ) .................................
1894.......................................
1895.......................................
1896.......................................
1897........................................

Mem­
bers.

27
21
22
29
29

Pro rata C08t of
Members Aggre­
gate
Payments Receipts dividend
drawing weeks
insurance
for sick
from
to each
sick
per
of sick benefits. dues, etc. member.
member.
benefits. benefits.

4
2
3
5
2

7
9
7
16
7

$70
90
70
130
60

$359.00
269.50
279.00
337.00
362.50

$11.54
7.44
9.73
8.47
10.25

$1.96
5 06
2.77
4.03
2.25

a Thirteen months.

PBINTEBS’ BELIEF ASSOCIATION, MINNEAPOLIS, MINN.
An association was organized January 1, 1886, solely for the jour­
neymen printers employed in the Tribune and Journal offices. In 1896
the association revised its rules and changed its name to i e Printers’
Belief Association of Minneapolis. Its membership is limited to those
belonging to the various subordinate unions chartered by the Inter­
national Typographical Union in the city of Minneapolis, either jour­
neymen or apprentices. The initiation fee is 50 cents. From 1886 to
1896 the amount paid for benefits was $1 per day; during the latter
year, by amendment to the constitution, the sick benefits were increased
to $10 per week. In order to meet the claims of sick members a per
capita tax is levied upon each member equal to the amount required,
but no assessment is levied while there remains in the treasury an
amount equal to 25 cents per capita. No benefits are paid for a period
longer than six months.
MEMBERSHIP AND OPERATIONS OF THE PRINTERS’ RELIEF ASSOCIATION.

Year.

18*6.............................................................
1887..............................................................
1888....................................... .....................
1889......................................... '...................
1800..............................................................
1891..............................................................
J892..............................................................
1893................................................ ............
1894..............................................................
1895..............................................................
1896..............................................................




Members Aggre- !Payments Receipts Receipts'
from in­
gate days for sick
from
Members drawing
of sick benefits.
sick
itiation
dues.
benefits.
benefits.
fees.
54
68
68
68
33
62
52
56
72
82
62

5
2
1
15
6
5
5
2
6
5
9

43
65
56
340
69
78
131
16
160
130
118

$43
65
56
340
69
78
131
16
160
130
197

$20.25
72.20
53.25
287.00
69.50
71.50
122.25
40.50
157.75
141.00
203.00

$27.00
4.50
1.50
11.50
3.00
5.50
16.00
10.00
5.00
7.00
8.50

RECENT REPORTS OF STATE BUREAUS OF LABOR STATISTICS.

MISSOURI.
nineteenth Annual Report of the Bureau of Labor Statistics and Inspec­
tion o f the State o f Missouri, fo r the year ending November 5 , 1897.
Arthur Rozelle, Commissioner. 506 pp.
The following subjects are treated in this report: Value of Missouri
products, 2 pages; agricultural and county statistics, 211 pages; Mis­
souri lumber interests, 2 pages; Government lands in Missouri, 3 pages;
the three principal cities, 4 pages; manufactures, 195 pages; prison
manufactures, 1 page; factory inspection, 13 pages; reports from organ­
ized wage workers, 3 pages; waterworks and electric-light and gas
plants, 26 pages; wages of steam and street railway employees, 4 pages;
mines, 2 pages; fellow-servant legislation, 8 pages; employment agen­
cies, 4 pages; labor laws, 12 pages; recommendations, 2 pages.
M i s s o u r i P r o d u c t s . —Statements are presented giving the aggre­
gate production o f farm staples, and the surplus production o f other
articles marketed during 1896, as shown by the records of the railroad,
express, and steamboat companies, with the value o f the products com­
puted at prevailing current prices.
A g r i c u l t u r a l a n d C o u n t y S t a t i s t i c s . —In this chapter are
shown for each county the crop products, their prices and cost of pro­
duction, the surplus products shipped, assessed Aquation of property,
accounts of cities and towns, and other data.
M a n u f a c t u r e s . — Returns from 867 manufacturing plants are tabu­
lated according to 46 industries. These establishments were owned by
505 corporations having 3,888 stockholders, and 362 private firms having
872 members. The 867 plants report having invested in grounds, build­
ings, and machinery, $58,773,548. Their aggregate manufactures dur­
ing 1896 were valued at $88,530,724. The wages paid amounted to
$16*952,657 iu 1895, and $17,267,845 in 1896, showing an increase in the
latter year of $315,188. They report having paid during 1896 for rent,
$842,623; taxes, $2,250,69 <; insurance, $684,659. In 1896 these estab­
lishments employed in their mechanical departments an average of
41,283 persons each month, an increase o f 2,249 over the average of the
preceding year. In addition to the wage-workers there were in 1896
an average of 1,242 foremen, 35 forewomen, 1,597 salesmen, 12 sales­
women, 585 male and 71 female bookkeepers, 924 male and 61 female
clerks, 166 inale and 197 female stenographers, or a total salaried torce
o f 4,514 males and 376 females.
852




REPORTS OF STATE BUREAUS OF LABOR-----MISSOURI.

853

O r g a n i z e d W a g e W o r k e r s .— Returns from 50 labor organizations
were tabulated. The total membership was 6,073. In 41 establishments
050 persons were reported out of work. O f the 50 organizations, 26
reported an increase in wages since organization, 22 no change, and 2
a decrease; 31 reported a reduction of hours, and 19 no change since
organization. O f 45 organizations, 6 reported that members worked
twelve hours per day; 16, ten hours; 4, nine hours; 17, eight hoars;
and 2, six and one-half hours. Forty-one organizations reported that
they had rendered financial aid to their members.
S t r i k e s .— Very few strikes o f any importance occurred during the
year. A number o f union strikes occurred, in which from 2 to 20 per­
sons were involved and which lasted from two days to two weeks, but
no statistics were secured regarding these cases. The following table
shows the principal facts regarding five strikes for which data were
obtained:
STRIKES IN 1897.
Union ordering the strike.
Sprinkler Fitters* Union............
Cigar Makers’ International
tJnion No. 44.
United Garment Workers of
America, L. U. No. 105.
Building Trades Council...........
Flour and Cereal Mill Men’s
Union No. 6642.

a Not reported.

Cause or object.

! Persons ! Duration.
|involved.!

For reduction of hours...............1
Against reduction of wages and j
introduction of steam system. .
Against reduction of wages___ j

Result.

6 | 20 days ... Succeeded.
6 | 10| months
Do.
650

(a)

Do.

75

6 days___

Do.

i

Against employment of non- j
union labor.
(
For restoration of wages.......... I

1

22 j

(6»

(b)

b Strike not ended at time of report.

All the strikes tabulated above occurred in St. Louis.
W a t e r w o r k s a n d E l e c t r i c -L i g h t a n d G a s P l a n t s . — This
work was undertaken in pursuance of the decision of the National
Association of Officials of Bureaus of Labor Statistics in the United
States to recommend an investigation of the municipal, corporate, and
private ownership of waterworks and electric-light and gas plants by
the various labor bureaus. In this case the investigation was con­
ducted by correspondence. The tables presented in the report show in
detail for each plant the kind of service and ownership, date of estab­
lishment, cost, assessed and true value, capacity of plant, cost of
product, selling price of product, salaries and wages, and other data.
Beturns from 90 operators of electric-light, gas, and water plants
were tabulated. Fifty-eight were electric plants, of which 10 were
owned by municipalities, 14 by private parties, and 34 by corporations.
Nine of the 58 plants embraced waterworks, and 5 furnished gas also.
Fifteen gas plants were reported, of which 1 was owned by a munici­
pality, 3 were owned by private parties, and 11 by corporations. One
of these also embraced waterworks and 5 were operated in connection
with electric plants. Thirty-two waterworks plants were reported, of
which 9 were owned by municipalities, 4 by private parties, and 19




854

BULLETIN OF THE DEPARTMENT OF LABOR.

by corporations. Of tlie 32 plants, 9 were operated in connection
with electric-light plants, and 1 was a gas plant. The reported total
cost of the 90 plants was $8,232,890; the true value (capitalizing net
income on 5 per cent basis) was $11,538,080, or about 40 per cent more
than their cost. The assessed valuation, which was furnished for only
67 plants, was $1,651,710. The actual cost o f the same plants was
$7,702,722, and the true value $10,059,038. The average selling price
o f incandescent light per ampere, by meter, was 1.02 cents in the case
o f corporations, 0.96 cent in the case of municipalities, and 1,59 cents
in the case o f ownership by private parties. The average selling price
o f gas, per 1,000 feet, was $2.05 for lighting, $1.07 for heating, and
$1.39 for power m the case o f corporations; $1 in the case of a munici­
pality, and $2.15 in the case of ownership by private parties. The
average selling price of water was not shown.
S t e a m a n d S t r e e t B a i l w a y E m p l o y e e s .—Tables are presented
showing, by occupations, the number o f officials and employees, days
worked, total yearly wage payments, and average daily compensation
for each of the 14 principal railway companies doing business in the
State. A tabulation of daily wages of employees of street railways is
also given. Following are recapitulations of the tables relating to
steam and street railway employees:
AVERAGE NUMBER, TIME EMPLOYED, AND EARNINGS OF EMPLOYEES OF 14 RAIL­
ROADS, BY OCCUPATIONS.
Average Average Average
em­
days
ployees. worked. earnings.

Occupations.

137
830
747
1,797
865
912
C35
1,467
593
792
2,134
835
3,725
1,029
481
55
2,480

General officers.......................................
General office clerks............................... .
Station agents......................................... .
Other stationmen....................................
Enginemen.............................................. .
Firemen.....................................................
Conductors..............................................
Other trainmen......................................
Machinists...............................................
Carpenters................................................
Other shopmen.........................................
Section foremen.......................................
Other trackmen............ - ....................... .
Switchmen, flagmen, and watchmen —
Telegraph operators and dispatchers...
Employees account floating equipment.
All other employees and laborers....... .

363
358
346
332
309
294
306
293
282
290
276
343
274
311
328
225
318

$3,301.98
864.78
581.42
512.64
1,175.64
658.49
966.24
581.57
658.58
650.49
511.43
550.34
324.80
648.03
691.38
485.39
573.42

D A IL Y WAGES OF EMPLOYEES OF 9 ELECTRIC STREET R A ILW AYS, BY OCCUPA­
TIONS.

Occupations.
Engineers..................................... .
Foremen......................................................
Motormen.................................................
Gripmen................. .......................... .
Conductors..............................................
Machinists...............................................,
Woodworkers.......................-............. .
Blacksmiths.............................................




Wages
per day.
$3.31
2.86
4.18
«.18£
4.18
2.19
2.31
2.25

Occupations.
Pointers_____________
Trackmen.........................................
Flagmen........................ ..........................
Track nil era______ __________ __T
Laborers............................... ................
Firemen....................................................
Coal paasera..........................................
i

a Per hour.

Wages
per day.
$2.03
1.65
i. 59
1.70
1.51
1.72
1.70

REPORTS OF STATE BUREAUS OF LABOR-----MISSOURI.

855

M in e s .— This chapter contains statements of inspectors of coal, lead,
and zinc mines regarding tlie progress of these branches o f the mining
industry during the fiscal year ending June 30, 1897. Following is a
summary of the data presented:
STATISTICS OJEP COAL A N D LE AD AN D ZINC MINES.
Items.

Coal.

Mines or shafts in operation.
Tons produced........................
Amount received for product.
Miners employed (average)...
Other employees (average)...
Fatal accidents......................
Accidents not fatal.................

Lead and
zinc.

Total.

418
547
965
2,429, 388
160.552
$2,684,757 $3,569,070 $6,253,827
5,807
3,687
9,494
1,250
2,677
3,927
16
8
24
23
5
28

MONTANA.
Fifth Annual Report o f the Bureau o f Agriculture, Labor, and Industry
o f Montana, fo r the year ending November 30, 1897. J. H. Calderhead, Commissioner, x, 188 pp.
Following are the contents of this report: Introduction, 31 pages;
statistics of counties, calendar year 1896,18 pages; assessed valuation
and taxation, 9 pages; statistics of railway and street-car lines, 15
pages; prices of larm products, proportion imported, and cost of staple
groceries, 17 pages; directory of labor organizations and rates of pay
for certain classes of employment, 11 pages; live stock and wool, 1897
crop conditions in the United States, and bounties paid for the destruc­
tion of wild animals, 24 pages; business transacted at the United States
land office and area of surveyed and unsurveyed lands in Montana, 6
pages; manufacturers*returns and commercial failures, 11 pages; min­
eral output for Montana 1896, coinage in the United States, imports
and exports of gold and silver, etc., 20 pages; the labor exchange and
educational statistics, 13 pages.
I n t r o d u c t i o n . —This part of the report consists of information
relating to the free-employment office, the [National Children’s Home
Society, and other matters o f local interest. The free public-employ­
ment office was abolished on March 6,1897.
B a i l r o a d W a g e s a n d T r a f f i c . —Tables are presented showing
the number, occupations, average wages, etc., of employees o f railroad
and street-car companies receiving less than $2,000 per annum, and
the character and amount of freight traffic, as reported by each com­
pany in Montana, for the years ending June 30,1896, and June 30,1897,
respectively.
L a b o r O r g a n i z a t i o n s a n d W a g e B a t e s .— This part of the report
consists of a directory of labor organizations in the State, showing for
each the locality, date of organization, date of election of officers, and
character of benefit features where they exist. Beturns were made by
90 organizations.



856

BULLETIN OF THE DEPARTMENT OF LABOR.

Comparative wnge statistics are shown for a series of years in the
flouring, sawmill, brewing, and foundry industries; and for 1897 only,
in the street railway, brick, cigar, mining, smelting, and agricultural
industries.
M a n u f a c t u r e r s ’ R e t u r n s . — Reports received from establishments
engaged in the printing and publishing, coal mining, sawmill, brick
and sewer pipe, cigar, and brewing industries are presented in tables
showing the number of employees, hours of labor, weeks employed
during the year, frequency of wage payments, etc.
NORTH DAKOTA.
Fourth Biennial Report o f the Commissioner o f Agriculture and Labor o f
JSorth Dakota, fo r the two years ending June 30, 1896. A. H. Laughlin,
Commissioner. 147 pp.
This report is mainly devoted to statistics of agriculture, there being
very little information regarding labor. The principal topics treated
are: The dairy industry, G pages; immigration, 3 pages; agricultural
statistics, 43 pages; county finances, 6 pages; vital statistics, 2 pages;
flouring mills, 2 pages; coal mines, 2 pages; labor statistics, 3 pages;
the sugar-beet industry, 8 pages; soil culture, 6 pages; valuation of
railroad property, 2 pages; live stock, 3 pages; abstract of assessment
of real and personal property, 40 pages. There are also brief chapters
on the State historical commission, wool markets, sire certificates, Rus­
sian cactus, altitudes, areas and population, and vote of the State for
governor.
T h e D a i r y I n d u s t r y .—In 1895, 43 dairy plants were reported
in the State. These produced 397,284 pounds of cheese and 393,491
pounds o f butter. Eleven additional plants were constructed during
the year 1896. The quantity o f cheese made in private families aggre­
gated 100,991 pounds in 1894 and 159,261 pounds in 1895, and of butter
4,428,157 pounds in 1834 and 4,869,609 pounds m 1895. The milk sold
to creameries and cheese factories was valued at $30,420 in 1894 and
$50,311 in 1895, and to others $47,855 in 1894 and $49,650 in 1895.
L a b o r S t a t i s t i c s . —Under this head is given a table showing by
counties for 1895 the number of males and females employed on farms
and in cities and towns, and the wages paid the same.
R a i l r o a d P r o p e r t y .—Tables are given showing for the years 1895
and 1896 the mileage and the assessed value o f the property of each
railroad in the State. In 1895 the total mileage for the State was
2,507, and the assessed value of the property $6,727,524.50. In 1896
the total mileage Avas 2,778.51, and the assessed value o f the property,
$7,832,030.50.




REPORTS OF STATE BUREAUS OF LABOR-----RHODE ISLAND.

857

RHODE ISLAND.
Tenth Annual Report o f the Commissioner o f Industrial Statistics, made
to the General Assembly at its January session, 1898. Henry E. Tiepke,
Commissioner, viii, 554 pp.
This report is devoted to two subjects, namely: Occupations of the
people, 405 pages, and statistics of textile manufactures, 53 pages.
O c c u p a t i o n s o f t h e P e o p l e .—This portion of the report is divided
into two parts, one relating to occupations o f males and the other to
occupations o f females. Detailed tables show, by localities and indus­
tries, the number of males and the number of females employed each
month from June, 1894, to May, 1895, inclusive, at their regular and
other than their regular occupations; the number unemployed each
month, and the number whose occupations were known, but whose
periods of employment were only partially reported. This information
was obtained from the population cards gathered by the enumerators
of the State census of 1895.
The State census of 1895 showed a population of 384,758 persons, of
which number 187,590 were males and 197,168 were females. The num­
ber of persons credited to the productive class, whether employed or
unemployed, amounted to 143,813, or 37.4 per cent of the total population.
Following are summaries of the tables of employment for each month
from June, 1894, to May, 1895, inclusive:
PERSONS EMPLOYED AND UNEMPLOYED FOR EACH MONTH FROM JUNE, 1894, TO
M AT, 1895, INCLUSIVE, B Y SEX.
Males,

Females,

Other
Year
Em­
than
and
Reffu- ' than
ploy­ Regu­ regu­
Unem­
month.
lar occu­ lar oc­
ployed. ment
un­ pation. cupa­
Patl0n-j cupaknown
tion.
tion.
Other

Total.

1 Em‘ !

Em-

Uneiu- plo-v ' ! Ke£ular re *u& i ‘■rhS T ';^'
cupa-

1894.
June . ..
July---A u g ....
Sept----Oct.......
N o v ___
Dec.......

91,374
90, 586
90. 339
91, 058
90. 549
89,751
87,559

2,928
2 , 868

3,041
2, 875
3,270
3,355
3,695

4,629 3,070
5, 489 3,058
5,592 3,029
5,063 3.005
5, 306 : 2,876
6,081 1 2,814
7,968 2,779

30,8a8 i
35,718
37,395
37,473 I
37,774 !
37,723

1,823
1,816
' 1, 791
: 1,748
I 1,692
; 1,647
1 1.580

128,659 1 3,831
126,444 3,724
126,057 3,987
128,453 3,653
128,022 4,156
127,525 4,132
125,282 ! 4,544

6,430
8,771
8,949
6,954
7,067
7,695
9,628

4,893
4,874
4,820
4, 753
4,568
4,461
4,359

759 1,690 , 1,630
702 1, 908 1,590
598 1,633 j 1,459
461 2,207 |1,334
.375 ! 2, 702 1,262

124, 723 1 4,335
124,955 i 4,052
128.459 ! 3, 387
130,367 :i 2,579
130,418 2,168

10,316
10,481
8, 0/2
7,370
8, 004

4,439
4, 325
3,835
3,497
3,223

903
856
946
778
886
777
849

1,801
3, 282
3,357
1,891
1,761
1,614
1,660

1835.
Jan...
F eb... ..!
Mar .. ..j
Apr .. ..!
M ay.. ..!
!

86,990
87,343
90,337
92,557
92,945

3,576 8,626 ; 2,809 37,733
3,350 ! 8,573 ! 2,735 37. 612
2,789 6,439 12,436 38,122
2,118 5,163 i 2,163 37,810
1,793 5, 302 | 1, 96 L 37,473
I
!
1




,
j
i
i

858

BULLETIN OF THE DEPARTMENT OF LABOR.

PER CENT OF TOTAL PERSONS EMPLOYED AND UNEMPLOYED FOR EACH MONTH
FROM JUNE, 1894, TO M AY, 1895, INCLUSIVE.

Year and
month.

Other
Regular than
TJdodi Employ­
occupa­ regular ployed.
ment un­
tion.
known.
occupa­
tion.

1894.

June............
J u ly ............
August.......
September ..
October.......
November...
December...

Year and
month.

Other
Regular than
Unem­ Employ­
occupa­ regular ployed.
ment un­
tion. occupa­
known.
tion.

1895.
89.4
87.9
87.7
89.3
89.0
88.7
87.1

2.7
2.6
2.8
2.6
2.9

2.9
3.2

4.5
6.1

6.2
4.8
4.9

5.3
6.7

3.4
3.4
3.3

3.3
3.2
3.1 !
3.0 i

January----February ..
March.........
April.
M ay..

86.7
86.9
89.3
90.7
90.7

3.0
2.8
2.4
1.8
1.5

7.2
7.3
5.6
5.1
5.6

3.1
3.0
2.7
2.4
2.2

It appears that in the month of June, 1894, there was a smaller num­
ber o f persons out o f employment than in any other month in the
census year, namely, 0,430, or 4.5 per cent o f the total number of per­
sons considered. The greatest number of unemployed was in Febru­
ary, 1895, namely, 10,481, or 7.3 per cent. The average number of
persons employed each month at their regular occupations was 127,447,
or 88.0 per cent, and at other than their regular occupations, 3,712, or
2.0 per cent. An average of 8,311, or 5.8 per cent, were out o f employ­
ment. There were, on an average, 4,342, or 3 per cent, whose trade
or occupation was known, but whose period of employment was
unknown.
S t a t i s t i c s o f T e x t i l e M a n u f a c t u r e s .—This chapter contains
a comprehensive presentation of the textile industry of the State.
Detailed comparative tables are given which are based upon returns
made in the years 1895 and 1896 by 135 firms engaged in textile indus­
tries. O f these 00 were engaged in the manufacture of cotton goods;
8 in hosiery and knit goods; 11 in bleaching, dyeing, and printing; 3
in silk goods, and 47 in woolen goods. Following is a summary of the
figures presented:
STATISTICS OF 135 TEXTILE MANUFACTURING ESTABLISHMENTS, 1895 AND 1896.
Increase.
1895.

Items.

1896.
Amount.

Firm s.............................................................................
Corporations.................................................................
Partners and stockholders...........................................
Capital invested............................................................
Cost of material used....................................................
Value of goods made................................................ .
Aggregate wages paid..................................................
Average days in operation.........................................
Employees:
Average number....................................................
Greatest number....................................................
Smallest number....................................................
Average yearly earnings......................................




58
77
1,249
$46,356, 609
$25,241,885
$45,568,693
$10,836,327
290.81

a Decrease.

31,874
33,400
28.119
$339.97

59
1
76
a1
1,273
24
$46,657,134
$300,525
$22,557,449 a $2,684,436
$38,355,918 a $7,212,775
$9,406,017 a $1,430,310
262.99
a 27.82
29,985
32,954
24,649
$313.69

a 1,889
a 446
a 3,470
a $26.28

Per cent.
1.72
a 1.30
1.92
.65
a 10.63
a lo. 83
a 13.20
a9.57
a 5.93
a 1.34

a 12.34
a 7.73

REPORTS OF STATE BUREAUS OF LABOR— TENNESSEE.

859

TENNESSEE.
Seventh Annual Report o f the Bureau o f Labor, Statistics} and Mines of
the State o f Tennessee, fo r the year ending December 31y 1897. A. D.
Hargis, Commissioner, xii, 270 pp.
The contents of this report may be grouped as follows: Statistics of
mines and mine inspection, 228 pages; the phosphate industry, 13
pages; the marble industry, 5 pages; the petroleum industry, 6 pages;
labor conditions, 10 pages; chronology of labor bureaus, 2 pages.
S t a t ist ic s of M in e s and M in e I n sp e c tio n .— This report, like
that for the preceding year, is devoted almost exclusively to the mining
industry. The statistics relate to the production of coal, coke, iron
ore, pig iron, zinc, lead, and copper. The amount and value of mine
products are shown for each branch of the industry, and in some
instances comparative figures are given for Tennessee and other States
and for present and past periods. In the case of coal mining the num­
ber o f employees and days in operation are also shown. Following is
a summary o f the most important figures presented for.1897 :
Total number o f coal m ines........................................................................................
72
Coal mines in operation.................. .............................................................................
59
Coal produced, tons........................................................................................................ 2,880,994
Value o f coal produced................................................................................................ $2,316,239
Average value per ton at m in e ....................................................................... .........
$0.80
Average employees in coal mines..............................................................................
7,059
Average days w orked..............................................
197
Coke produced, t o n s ......................................................................................................
368,585
Value o f coke produced................................................................................................
$670,824
Iron ore produced, tons...............................................................................................
582, 695
Pig iron produced, tons....................................... , .......................................................
272,130
Copper ore produced, t o n s ..........................................................................................
74,000

Forty-one casualties were reported in the mines, 13 of which were
fatal. O f the fatal accidents, 10 occurred in coal mines, 2 in an iron
mine* and 1 in a copper mine.
T h e P h o sp h a t e I n d u s t r y .— A review is given of the condition
and progress of this industry during the year, together with a list of
the principal phosphate mines, showing the location of the deposits,
and tables showing the production for a series of years. The produc­
tion of phosphate in 1897 was 121,229 tons.
T h e M a r b l e I n d u s t r y .—The production of Tennessee marble in

1897 was about 235,000 cubic feet, the total production, including the
finished product, being valued at about $500,000.
P e t r o l e u m .—Since 1894, 48 petroleum wells have been drilled, 16
o f which were abandoned, while but 6 were considered producers.
L a b o r C onditions .—This part of the report contains a brief account
o f the strikes in mines during 1897 and a directory of labor unions in
Tennessee. Fifteen strikes were reported, 14 of which involved a total
o f about 1,945 persons.




RECENT FOREIGN STATISTICAL PUBLICATIONS.

FRANCE.
Statistique des Graves et des Recours a la Conciliation et d VArbitrage
Survenus Pendant VAnnee 1897. Office du Travail, Minist&re du ('ommerce, de FIndustrie, des Postes et des Telegraphes. xv, 304 pp.
This report is one of a series of annual reports on strikes published
by the French bureau of labor. The information is for the year 1897
and is presented in the same form as in preceding reports, the present
digest following as nearly as possible the plan of former notices in Bul­
letins Nos. 1, 5, and 13.
There were 356 strikes reported in 1897, one of which, however, was
of the nature o f a lockout. These strikes affected 2,568 establish­
ments, were participated in by 68,875 strikers, and resulted in a loss
of 780,944 working days, including 60,433 days lost by 5,999 persons
who were not strikers but were thrown out o f employment as the
result of strikes. The average time lost per strike was 10£ days, the
smallest average reported in five years.
In 1896 there were reported 476 strikes and 49,851 strikers, involving
2,178 establishments, and causing a loss o f 644,168 working days, or
13 days per striker. While in 1897 there was a smaller number o f
strikes, the number of strikers and the number o f working days lost
were considerably greater than in 1896. The decrease in the number
of strikes is due to the large number o f strikes reported in the textile
industries in 1896, when there were 197, as compared with 82 in 1897.
As regards the results in 1897,68 strikes in 237 establishments, involv­
ing 19,838 strikers, were successful; 122 strikes in 1,564 establishments,
involving 28,767 strikers, were partly successful, and 166 strikes in 767
establishments, involving 20,270 strikers, failed. While the number of
successful strikes in 1897 was smaller than in 1896, the number of
strikers in strikes which succeeded was much greater.
The following table show’s the per cent o f strikes of total strikes and
the per cent o f strikers o f total strikers that succeeded, succeeded
partly, and failed, as compared with similar data for 1896:
RESULTS OF STRIKES, 1896 AND 1887.

Result of strikes.

Strikes.
1896.

Succeeded......................................................................................
Succeeded partly..........................................................................
Failed.......................................................................................
Total....................................................................................
860




Strikers.

1897.

1896.

1897.

19.30
34.27
46.63

28.23
34.21
42.56

28.80
41.77
29.48

100.00 | 100.00

100.00

100.00

24.58
25.68
49.79

FOREIGN STATISTICAL PUBLICATIONS— FRANCE.

861

It will be seen that the proportion of strikes which failed as well as
the proportion of strikers involved in such strikes was smaller in 1897
than in 1896. Both the proportion of strikes compromised and that of
strikers participating in the same were considerably greater in 1897
than in the preceding year. The proportion of successful strikes was
smaller, but that of strikers involved was greater in 1897 than in 1896.
On the whole, therefore, much more success was achieved by strikers in
1897 than in 1896.
O f the 356 strikes reported, 276, or 78 per cent, involved but 1
establishment each. O f the 80 remaining strikes, 22 involved from 2
to 5 establishments, 20 from 6 to 10,14 from 11 to 25, 6 from 26 to
50, 4 from 51 to 100, and 4 strikes involved over 100 establishments
each. In the case of 10 strikes the number of establishments was not
reported.
The two following tables show the number of strikes, strikers, and
establishments involved, according to the results of the strikes, as well
as the number o f days7work lost and the proportion that the number
o f strikers is to the total number of working people, according to 17
groups o f industries:
STRIKES IN 1897, BY INDUSTRIES.

Industries.

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




Failed.

Total.

Estab­
Estab­
Estab­
Estab­
lish­ Strikes. lish­ Strikes. lish­ Strikes. lish­
ments.
ments.
ments.
ments.

Strikes.

Agriculture, forestry, and fishthrifts_____. . . . . . ____ ______ _
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 work .................
Stone cutting and polishing,
glass and pottery w ork _____
Building trades (stone, earth­
enware, glass, etc.)............ .
Transportation and handling ..

i

Succeeded
partly.

Succeeded.

5
1
1

1
1
1

2
8
12
8
5
4

2
3
90
3
23
17

11

11

5
7
2
4
2
6
6
28

55
7
2
517
2
14
6
38

8 ;
10 '
3
10 1

26
164
3

3

5

8

8 ]

3
3
33
1

1

21
17
6

59 1
1

54

6 ;

S!

1

25

572

1,297
31
2,568

6

4

4

1, 564

166

767

356

237 |

5

57
184
6
114
1

9

122

6

62
16
7
544
3
26
19
171

6

59
16

68 j

L.

15
16
7
8
3
18
19
62

22

22

i

19

6
8
4
27
1
10
10
43
2

653
14

72 |
13 !

15

!

44

5
8
4
4
1
10
10
42
2

862

BULLETIN OF THE DEPARTMENT OF LABOR.
STRIKERS AND DAYS OF WORK LOST IN 1897, BY INDUSTRIES.
Strikers in—
Industries.

Agriculture, forestry, and fisheries.
Mining................................................
l pr<
Chemical industries..............
Printing...................................
Hides and leather...................
Textiles propei
per.......................
Clothing andI c
cleaning...........
Woodworking........................
Building trades (woodwork).
Metal refining______
Metallic goods...........................................
Precious-motal work.................................
Stone cutting and polishing, glass and
pottery work...........................................
Building trades (stone, earthenware,
glass, etc.)................................................
Transportation and handling..................
Total.

Success­
ful
strikes.

Partly
success­
ful
strikes.

Strikes
which
failed.

14,580
1,500
164

2,415
1,731
600
1,573
474
382
482
3,801

4,087
3,424
2,367

287
773
65
162 .
150 j

1,842
1,622
276
1,339

122

24
217
180
4,100
45
136
43
272
1,860
7

Strikers
Total per 1,000 Days of
strikers. work peo­ work
lost.
ple. (a)

21,082
6,655
3,131
1,695
498
628
949
8,674
140
2,140
1,815
548
4,127
7

13.19
647.22

<«)
13.20
9.25
6.49
7.62
12.01
.19
9.08

(d)

5.74
13.61

65,095
114,450
59,711
11,829
841
6.677
11.089
119,496
791
25,036
21,604
7,113
43,517
7

268

229

497

4.77

3,405

631
539

11,389
573

3,035

122

15,055
1,234

e34.96
5.22

284,190
6,093

19,838

28,767

20,270

68,875

/13.60

780,944

a Census of 1891.
6 Includes quarrying.
c Included in mining.
d Included in building trades (stone, earthenware, glass, etc.).
e Includes building trades (woodwork).
/Relates to all industrial workingmen of France.

Out of a total of 356 strikes, the largest number, 82, or 23 per cent,
occurred in the textile industry. If, however, the extent of the strikes
is measured by the number of persons involved, agriculture, forestry,
and fisheries far exceeded any other group o f industries. O f a total of
68,875 persons engaged in strikes, 21,082, or 31 per cent, were employed
in agriculture, forestry, and fisheries. Next in importance were the
building trades, showing 16,870, or 24 per cent of the total persons
involved; the textile industry, with 8,674 strikers, and the mining
industry, with 6,655.
Considering the number o f persons actually engaged in the various
industries, according to census returns, it was found that the relative
prevalence o f strikes was greatest in the mining and quarrying indus­
tries, 47.22 out o f every 1,000 employees having taken part in trade
disputes during the year. The building trades came next, with 34.06
strikers per 1,000 employees.




863

FOREIGN STATISTICAL PUBLICATIONS-----FRANCE.

In the two following tables the strike data are presented by causes:
STRIKES IN 1897, BY 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.

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, 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 work­
men, foremen, or directors,
or for their reinstatement---For discharge of workmen,
foremen, or directors..............
A gains temployment 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.

EstabEstab­
Estab­
Estab­
Strikes. lishStrikes. lish­ Strikes. lish­ Strikes. lish­
ments.
ments.
ments.
ments.
34
10

208
15

82
11

1,101
19

68
18

139
28

184
39

1,448
62

9

154

9

466

9

65>

27

685

13

477

4

30

16

18

33

525

16
3

43
4

1
1

3
6

16
6

16
22

33
10

62
32

3

3

5

5

4

4

12

12

1

1

8

8

9

9

6

374

3

3

22

26

31

403

5

5

6

6

32
3

41
3

43
3

52
3

1

1

1

1

1

6

3

8

4
1

67
1

4
2

10
7

3
2

9
523

11
8

86
531

STRIKERS AND DATS OF WORK LOST IN 1897, JBY 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 inCause 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..................... 1.......................................
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 di­
rectors, 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 sup­
port of insurance and aid funds........................
Other........................................................................

Partly
Success­ success­
ful
ful
strikes. strikes.

Strikes
which
failed.

16,442
401

21,392
1,882

10,061
429

Total
Days of
strikers. work lost.

47,895
2,712

562,178
58,448

2,450

2,070

1,194

5,714

68,048

10,232
2,915
81
456
205

423
846
111
791

1,233
1,032
331
183
1,430

11,888
4,793
523
1,430
1,635

262,000
60,088
5,915
2,285
3,859

1,415
1,841

1,168
378

7,702
4,960
48

10,285
7,179
48

178,757
85,663
687

23

35

111

169

1,076

453
8

1,320

46
2,105

1,819
2,813

23,582
12,243

700

Strikes for higher wages or against a reduction of wages, either alone
or in connection with some other cause, were more prevalent and
involved a larger number of strikers than strikes for any other reasons.




864

BULLETIN OF THE DEPARTMENT OF LABOR.

Next in importance, both with regard to the number of strikes and
persons involved, were those relating to the retention or discharge of
certain workingmen, foremen, or superintendents.
In the next two tables are shown the results of strikes according to
the duration of the same, and according to the number of strikers
involved:
STRIKES AND STRIKERS IN 1897, BY DURATION OF STRIKES.
Strikers.

Strikes.
Days of duration.

Suc­
ceeded.

Suc­
ceeded
partly.

Failed.

Total.

Suc­
ceeded.

7 or under.
8 to 1 5.......
16 to 3 0 ....
81 to 100...
101 or over.

57
6
2
2
1

66
31
16
8
1

Ill
27
14
14

1
234
64
32
24
2 j

18,993
392
156
47
250

Total

68

122

166

356 ;

19,838

'

Suc­
ceeded
partly.

Failed.

8,901
7,233
2,219
9,568
846

9,898
3,344
803
6,225

28,767

Total.

37,792
10,969
3,178
15,840
1,096

20,270 j 68,875

DURATION OF STRIKES IN 1897, BY NUMBER OF STRIKERS INVOLVED.

Strikers involved.

Suc­
ceeded.

25 or u n der.............
26 to 50........................
61 to 100......................
101 to 200....................
201 to 500.....................!i
501 to 1,000................. j
1,001 or over..............
Total.................

26
16
8
10
13
4

68

Strikes.
Days of duration.
Suc­
or
ceeded Failed. Total. 1 to 7. 8 to 15. 16 to 30. 31100.to 101
over.
partly.
7
86
129 i 90
17 j
24
78
7
26 !
38
80 j 52
14
1
6
20 i
19
47 ! 33 |
1
30
9
49 1 so ;i
9
97
31
21
7
204. _______6
32
11
11
4
3
8
4
4
12
5!
3
4
122
166 356 | 234 1 64
32
24
2
i

It will be seen from the above tables that the strikes were mostly of
short duration, 234 o f the 356 strikes lasting one week or less. Only
26 strikes lasted longer than thirty days. Over one-half of the strikes
involved 50 men or less each. O f the larger strikes, involving over 1,000
strikers, 4 succeeded, 4 succeeded partly, and 4 failed $ 5 lasted from
1 to 7 days, 4 lasted from 8 to 15 days, and 3 lasted from 31 to 100 days.
The law of December 27,1892, regarding conciliation and arbitration
in trade disputes, was applied in 88 cases during the year, in 3 cases
before work was suspended. This was 24.72 per cent of all disputes,
as against 21.85 per cent in 1896, and 20.74 per cent in 1895. The
initiative in demanding the application of the law was taken 46 times
by the workingmen, 4 times by the employers, once by the employer
and employees jointly, and 37 times the justice of the peace intervened
as provided in the law.
In 9 cases work was resumed before a committee o f conciliation was
constituted. In 3 of these cases the workingmen abandoned their
demands, in 3 cases they obtained a compromise, and in 3 cases they
were successful. O f the other 79 cases, the demand for conciliation




FOREIGN STATISTICAL PUBLICATIONS— FRANCE.

865

was refused in 25 eases, of which 20 were by the employers, 2 by the
working people, and 3 by both parties jointly. As a result of these
refusals the workingmen renounced their demands in one case and in
another were replaced by others. In the 23 remaining cases strikes
were declared, of which 2 succeeded, 10 succeeded partly, and 11 failed.
In 54 cases the demand for conciliation or arbitration was acceded to,
and 54 committees of conciliation were constituted. In 25 cases the
disputes were settled directly by these committees, and in 5 cases they
were settled by arbitration. In 24 cases the attempts to settle by con­
ciliation or arbitration failed and the strikes continued. Of the disputes
settled by conciliation and arbitration, 3 resulted in a compliance with
the demands, 23 in a compromise, and 4 in a refusal of the demands.
O f the 24 disputes which continued after the fruitless attempts at con­
ciliation or arbitration, 3 succeeded, 18 succeeded partly, and 3 failed.
ONTARIO.
Fifteenth Annual Report o f the Bureau o f Industries fo r the Province of
Ontario, 1896. 0. 0. James, Secretary, viii, 159 pp. (Published
by the Ontario Department of Agriculture.)
This report relates mainly to statistics of agriculture. It comprises
the following subjects: Weather and crops, 70 pages; live stock, the
dairy, and the apiary, 40 pages; values, rents, and farm wages, 39
pages; chattel mortgages, 3 pages.
V a l u e s , K e n t s , and F a r m W a g e s .— The total value of farm prop­
erty in 1898 is given at $910,291,623, of which $557,468,270 represents
lands, $205,235,429 buildings, $50,730,358 implements, and $96,857,566
live stock. There has been a steady decline in the value o f farm
property since 1892.
Kates of wages paid to farm laborers have generally declined during
the year. Farm hands, with board, received in 1896 an average of
$144, or $6 less than in 1895. Farm hands, without board, received an
average of $243 in 1896, or $3 less than the preceding year. The aver­
age monthly rate of wages during the working season was $14.57, with
board, in 1896, or $0.81 less than in 1895. The average monthly rate
without board was $24.11 in 1896, or $1.34 less than in 1895. The
monthly wages with board received by domestic servants rose from
$6.07 in 1895 to $6.11 in 1896.
Ch a t t e l M o r t g a g e s .—During the year ending December 31,1896,
there were on record 21,789 chattel mortgages, representing $13,561,716.
This was a decrease in number, but a considerable increase in amount
when compared with the preceding year. Of the chattel mortgages in
1896,11,844, representing $3,877,998, were registered against farmers.
7443—No. 19-----6




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

DECISIONS UNDER STATUTORY L A W
C o n s t it u t io n a l it y

of

S t a t u t e — -M a r k i n g

of

C o n v i c t -m a d e

—People v, Hawkins.—A copy of tbe decision in this case was
furnished the Department by the clerk of the court of appeals of New
York, the case having come before said court ou appeal by the State
from a decision of a lower court sustaining a demurrer, made by the
defendant, Samuel K. Hawkins, to the indictment.
The decision was rendered October 11, 1898, and sustained the deci­
sion of the lower court, Chief Justice Parker and Justice Bartlett
dissenting. The opinion of the court, delivered by Justice O’Brien,
contains a full statement of the facts in the case and the following is
quoted therefrom:
The defendant was indicted for a misdemeanor, the charge being that
he violated chapter 931 of the Laws of 1890 relating to the labeling and
marking of convict-made goods or articles. The indictment alleges that
the defendant on the 5th day of November, 1896, had in his possession
and offering for sale, unlawfully and with criminal intent, a certain
scrub brush of the form, style and material commonly used in scrub
brushes, but made and manufactured, as the defendant well knew, by
the labor o f convicts lawfully sentenced to and confined in a prison at
Cleveland, Ohio. It then charges that this article was brought from
that institution into this State and was in the defendant’s possession
for the purpose o f sale, without having upon it in any manner the words
u Convict made” or any words indicating in any manner that it was
manufactured by convict labor.
The defendant demurred to the indictment, upon the ground that the
facts stated did not constitute a crime, and the courts below have sus­
tained the demurrer for the reason that the statute was in conflict with
the Constitution and, therefore, void. The statute went into effect by
its terms on November 1,1896, and the several sections material to the
questions in this case are as follows:
“ S e c t i o n 1. All goods, wares and merchandise made by convict
labor in any penitentiary, prison, reformatory or other establishment
in which convict labor is employed shall, before being sold, or exposed
for sale, be branded, labeled or marked as hereinafter provided, and
shall not be exposed for sale in any place within this State without
such brand, label or mark.
u § 2. The brand, label or mark hereby required shall contain at the
head or top thereof the words ‘ convict made,’ followed by the year and
name of the penitentiary, xmson, reformatory or other establishment
G

oods




DECISIONS OF COURTS AFFECTING LABOR.

867

in which it was made, in plain English lettering, o f the style and size
known as great primer Koman condensed capitals. The brand or mark
shall in all cases, where the nature of an article will permit, be placed
upon the same, and only where such branding or marking is impossi­
ble shall a label be used, and where a label is used it shall be in the
form of a paper tagf which shall be attached by wire to each article,
where the nature of the article will permit, and placed securely upon
the box, crate or other covering in which such goods, wares or merchan­
dise may be packed, shipped or exposed for sale. Said brand, mark or
label shall be placed upon the outside of and upon the most conspicu­
ous part o f the finished article and its box, crate or covering.
“ § 5. Section three hundred and eighty-four b of the Penal Code is
hereby amended so as to read as follows: Section 384b. Penalty for
dealing in convict-made goods without labeling.—A person having in
his possession for the purpose of sale, or offering for sale, any convictmade goods, wares or merchandise hereafter manufactured and sold, or
exposed for sale, in this State without the brand, mark or label
required by law, or removes or defaces such brand, mark or label, is
guilty o f a misdemeanor, punishable by a fine not exceeding ten hun­
dred dollars nor less than one hundred dollars, or imprisonment for a
term not exceeding one year nor less than ten days, or both.”
The act charged against the defendant, and which is admitted by the
demurrer, is declared to be a crime by this statute, and the only ques­
tion that we need consider, is whether the legislature had any power
under the Constitution to enact such a law. The law is similar, in all
respects, to the law of 1894 (chap. 698, Laws of 1894), except that the
latter statute was aimed sft prison-made goods of other States, while the
present statute applies to all prison-made goods, whether of this or
other States. The act of 1894 was held to be unconstitutional and
void. (People t\ Hawkins, 85 Hun., 43.) The present act makes it a
criminal offense to expose for sale prison-made goods of this State as
well as of other States. It seems to have been assumed that the feature
o f the former act, which discriminated against the prison-made goods
o f other States, was the only objection to this class of legislation.
But the broader scope of the present law removes no objections that
existed to the former. On the contrary, it multiplies and intensities
them.
It is important at the outset to ascertain, if we can, the legislative
purpose and intent that led to the enactment of this law. The learned
district attorney in his brief in the court below has, I think, stated it
quite fairly and accurately in these words:
“ The statute in question is an attempt to solve a great public arid
economic problem. It lias a bearing, directly or indirectly, upon wages
paid to workmen in certain lines of industry. # # # It involves the
welfare and prosperity of the laboring classes who comprise a great
portion o f our pojmlation. * # * It is against sound public policy
to compel workmen, who have to support their families by their daily
earniugs, to compete with the unpaid labor of convicts in penal insti­
tutions. The framers of the State and Federal Constitutions never
intended to create and foster such competition. The people have a
right to demand protection from the legislature in this respect, and it
is within the police power of the State to require the mark, brand or
label of goods made in penal institutions.”
W e may assume, therefore, that the purpose of the law was to pro­
mote the welfare of the laboring classes by suppressing, in some meas­
ure, the sale of prison-made goods. Waiving for the present the



8 6 8

BULLETIN OP THE DEPARTMENT OP LABOR.

question whether the means employed can ever in the nature of things
accomplish the end in view, it is quite clear that unless this statute in
some degree affects the value o f certain articles of merchandise by
restricting the demand or imposing conditions upon the right to deal in
them as property, in order to exclude them from the market, it is a
mere brutum fulmen. The scrubbing brush in question was beyond all
doubt an article o f property in which the defendant could lawfully deal.
He is forbidden, however, by this statute, under all the penalties of
the criminal law, from buying or selling or having it in his possession,
except upon the condition that he shall attach to it a badge o f inferi­
ority which diminishes the value and impairs its selling qualities. It
is not claimed that there is any difference in the quality of this scrub­
bing brush when compared with one of the same grade or character
made outside the prisons. There is no pretense that the act was passed
to suppress any fraudulent practice or that any such practice existed
with respect to such goods. The validity of the law must depend
entirely upon the exercise of the police power to enhance the price of
labor by suppressing, through the instrumentality of the criminal law,
the sale of the products of prison labor.
The citizen can not be deprived of his property without due process
of law. The principle embodied in this constitutional guaranty is not
limited to the physical taking of property. Any law which annihilates
its value, restricts its use, or takes away any of its essential attributes,
comes within the purview of this limitation upon legislative power.
The validity of all such laws is to be tested by the purpose o f their
enactment and the practical effect and operation that they may have
upon property. A law which interferes with property by depriving
the owner of the profitable and free use of it, or hampeis him in the
application o f it for the purposes of trade or commerce, or imposes
conditions upon the right to hold or sell it, may seriously impair its
value, against which the Constitution is a protection. The fact that
legislation hostile to the rights of property assumes the guise of a
health law or a labor law will not save it from judicial scrutiny, since
the courts can not permit that to be done by indirection which can not
be done directly.
The guaranty against depriving the citizen of his liberty compre­
hends much more than the exemption of his person from all unlawful
restraint. It includes the right to engage in any lawful business, and
to exercise his faculties in all lawful ways in any lawful trade, profes­
sion or vocation. A ll laws, therefore, which impair or trammel these
rights, or impose arbitrary conditions upon his right to earn a living in
the pursuit o f a lawful business are infringements upon his fundamental
rights of liberty, which are under constitutional protection. These
rights may doubtless be affected to some extent by the exercise of the
police power, which is inherent in every sovereign State. But that
power, however broad and extensive, is not above the Constitution.
The conduct o f the individual and the use of property may be affected
by its lawful and proper exercise in cases of overruling necessity and
for he public good. The preservation o f public order, the protection
o f the public health and the prevention of disease, the sale of articles
of unwholesome or adulterated food, the calamities caused by fire, and
perhaps other subjects relating to the safety and welfare o f society, are
within its scope. But no law which is otherwise objectionable as in
conflict with the fundamental guarantees o f the Constitution can be
upheld under the police power, unless the courts can see that it has
some plain or reasonable relation to those subjects, or some of them.



DECISIONS OF COURTS AFFECTING LABOR.

869

It is entirely safe to assert that no court has yet invoked the police
power to justify a statute, the purpose of which was to enhance the
wages of labor in certain factories by suppressing, through the agencies
of the criminal law, the sale of competing products made in prisons.
I f the wages of labor in a few factories producing goods such as are
also made in prisons may be regulated by the police power, there is no
reason why that power may not be used to regulate the rewards of labor
in any other field of human exertion. That ail legislation of this char­
acter, with this end in view, which subjects the individual to criminal
prosecution unless he will comply with regulations in the sale of such
goods that are intended to depress their value or demand in the mar­
ket, is in violation of the Constitution, can not be doubted.
It would be trifling with the Constitution to attempt to uphold this
law on the ground that all producers or vendors of goods may be
required to tell the truth concerning them, both as to their quality and
the means by which or the place where they were manufactured. A
knowledge o f the truth concerning the origin of every article o f prop­
erty which is the subject of sale, trade or commerce can not be essen­
tial to the public welfare, and even if it was the law could be effective
only when applied to all property alike and not limited to articles made
in certain places and by a certain class of workmen. Any attempt to
carry the police power to such an extent as to require the owner of an
article of property kept for sale, such as a scrubbing brush, to label it
with the history of its origin and to indicate the place where it was
made and the class of workmen that produced it, and to enforce such
regulations by the aid o f the criminal law, must be regarded as an
inexcusable and intolerable invasion of the rights and liberty ot the
citizen. There is nothing in the character or effect of prison labor to
justify such legislation. The health and welfare of convicts is a subject
peculiarly within the functions of government. The State in order to
carryout the purposes of punishment must employ them at some useful
labor. Whatever it may be their work must in some degree come iuto
competition with the labor of others. It is not at all likely that this
result ever had or can have any material or perceptible influence on
wages. But even if it had, the welfare of the convicts and the inter­
ests of the taxpayers are proper subjects for consideration.
The question is reduced to the simple inquiry whether the legislature
under the guise o f the police power can regulate the price of labor by
depressing, through Jthe penalties of the criminal law, the price o f goods
in the market made by one class of workmen and correspondingly
enhancing the price of goods made by another class. I f the statute
docs not tend to produce that result there is no reason or excuse for its
existence, and it would be a useless and arbitrary interference with the
liberty of the individual without any possible reason or motive behind
it. The law is now defended upon the ground that it was intended to
accomplish, and in fact does tend to promote, that very result. If the
police power extends to the protection of certain workmen in their
wages against the competition of other workmen in penal institutions,
why not extend it to other forms of competition? Why not give the
workman who has a large family to support some advantage over the
one who has no family at all? Why not give to the old and feeble a
helping hand by legislation against the competition of the young and the
strong? Why not give to the women, the weaker sex, who are often
the victims of improvidence and want, a preference by statute over the
men? Why confine such legislation to scrubbing brushes and like
articles made in prisons, when multitudes of men engaged in farming,



870

BULLETIN OF THE DEPARTMENT OF LABOR.

mercantile pursuits and almost every vocation in life are struggling
against competition ? I f the statute now under consideration is a valid
exercise of the poliee power, I am unable to give any reason why the
legislature may not interfere in all the cases I have mentioned to help
those who need help at the expense o f those who do not.
It would be difficult to give any satisfactory reason, legal, moral or
economic, why a person who happens to be confined in a prison should
not be permitted or compelled to earn his living and pay his way
instead o f becoming a burden upon the public, to the detriment of his
health and morals. The mere fact that he is in prison may be due to
misfortune or to his natural surroundings, and in some cases he maybe
at least morally innocent. The State may certainly, for his own benefit
and for the relief o f the taxpaying community, employ him at some
useful labor, and whether that labor be in building roads or making
shoes, he takes the place o f another. I f it be lawful and right to so
employ him, it is difficult to see why the State may by legislation
depress the value o f the products of his labor when such property is
purchased in thh ordinary course of commerce by a dealer therein. The
State, while permitting such property to come within its jurisdiction
in the regular course of trade, can not then impair its value by hostile
legislation without a violation of the constitutional guaranties for the
protection o f property. Aside from the peculiar restrictions of revenue
laws, the merchant or dealer may buy his goods where he can obtain
them to the best advantage, and any restriction upon his freedom of
action in this respect by State laws is, in a broad sense, an invasion of
his right of liberty, since that term comprehends the right of the
individual to pursue any lawful calling.
I think that the statute in question is in conflict with the constitution
of this State, since it interferes with the right to acquire, possess and
dispose o f property and with the liberty o f the individual to earn a
living by dealing in the articles embraced within the scope o f the law.
It is an unauthorized limitation upon the freedom of the individual to
buy and sell all such articles, subject only to the law of supply and
demand, and the legislation is not within the scope of the police power.
It has been suggested by some members o f the court that the statute
in question can be upheld under the recent amendment to the State
constitution with respect to prison labor. It should be observed that
no such point was argued or submitted, either in this court or the court
below, but since some of my brethren are of that opinion, the question
may oe properly discussed. The language of the amendment is as
follows:
“ The legislature shall, bylaw, provide for the occupation and employ­
ment o f prisoners sentenced to the several State prisons, penitentiaries,
jails and reformatories in the State; and on and after the first day of
January, in the year one thousand eight hundred and ninety seven, no
person in any such prison, penitentiary, jail or reformatory, shall be
required or allowed to work, while under sentence thereto, at any trade,
industry or occupation, wherein or whereby his work, or the product or
profit o f his work, shall be farmed out, contracted, given or sold to any
person, firm, association or corporation. This section shall not be con­
strued to prevent the legislature from providing that convicts may
work for, and that the products o f their labor may be disposed o f to,
the State or any political division thereof, or for or to any public insti­
tution owned or managed and controlled by the State, or any political
division thereof.” (Const. 1894, art. 3, sec. 29.)
It is said that this provision of the constitution indicates and



DECISIONS OF COURTS AFFECTING LABOR.

871

expresses a public policy on the part of the State to suppress the com­
petition of prison labor with free labor by forbidding the sale to the
general public o f prison-made goods. The term “ public policy” is fre­
quently used in a very vague, loose or inaccurate sense. The courts
have often found it necessary to define its juridical meaning, and have
held that a State can have no public policy except what is to be found in
its constitution and laws. Therefore, when we speak of the public policy
o f the State, we mean the law o f the State, whether found in the con­
stitution, the statutes or judicial records, so that the inquiry is whether
the provision o f the constitution above cited forbids the sale of prisonmade goods to the general public. Either it does or does not. If it
does not, there is an end of the argument on that point. I f it does,
we will see hereafter how it affects the validity of this statute. I f the
framers o f the constitution intended to forbid the sale of prison made
goods to the general public, or to prohibit dealing in them, it was an
easy mat ter to say so in terms that could not be misunderstood. Surely,
the poverty o f our language is not such as to preclude the framers of
the fundamental law from giving plain and direct expression to such a
simple thought. But the section above quoted does not forbid the sale
of any article of property. It deals only with modes of employing
convicts and with practices that had formerly existed, under which
the labor o f convicts had become a subject of bargain and sale. It
simply abolished what was known as the contract system of labor in
prisons, whereby the profits of the labor of convicts were secured by
contractors or private parties. This is apparent from the language of
the section which begins by providing for the employment of convicts.
It then forbids the employment of the inmates of penal institutions at
any trade or industry tchereby “ his work or the product and profits of
his work shall be farmed out, contracted, given or sold to any person.”
What is it that this language forbids? Not dealing in tangible things
or articles of property wherever made, but the farming out, contracting,
giving away or selling of convict labor. The words “ product and profit
o f his work” do not refer to articles of property, but to the net value of
labor. I f the framers of the constitution intended to prohibit dealing
in any article o f merchandise, surely they would not have described
the article by such vague terms as the products o f worlc. A manufac­
tured article is not known in common parlance, in law or political
economy as the “ product of labor.” O f course, labor enters into its
production, but in many cases it is an insignificant element. The arti­
cle is the product of raw material and labor combined, or, as it is com­
monly expressed, labor and capital. The prohibition against dealing
in any article o f property can not be found in this section without giv­
ing to the words a strained and unnatural meaning. I f any of the penal
institutions o f the State happen to have a farm attached to it, worked
by the convicts, as some of them probably have, it would be a very
narrow construction of this section to hold that the products or profits
o f the farm, whether consisting o f cattle or other farm produce, could
not be sold to the general public because it would be the products and
profits o f prison labor.
But if it be assumed for the purpose of the argument that the con­
stitution does forbid the sale of prison made goods to the public, it
would not help the statute in question, but, on the contrary, would
furnish an additional reason for its condemnation. If the constitution
forbids the sale o f such goods, or prohibits dealing in them as mer­
chandise, then clearly the legislature has no power to enact laws regu­
lating and permitting such sales. That this was the purpose and was



872

BULLETIN OF THE DEPARTMENT OF LABOR.

the obvious effect of the statute in question in its entire scope and
meaning must, o f course, be admitted. Therefore, if the section means
what is claimed for it, the legislature has attempted to regulate and
permit what the constitution forbids. It has attempted to regulate
and permit the sale of prison made goods by fixing upon them a badge
of their origin, when the constitution provides that they shall not be
sold at all. It is difficult, therefore, to understand how any oue, who
believes that the constitution interdicts the sale of convict made goods,
can at the same time reach the conclusion that the statute is in harmony
with the constitution.
It would be manifestly unjust and inconsistent for the State, while
it encourages and commands the employment of convicts and becomes
itself the patron and customer of prison-made goods, to prohibit 'its
citizens from dealing in the same property.
What policy could the framers of the constitution have had in view
when providing for the employment of convicts and for drawing all
supplies needed by the State from goods produced in the prisons, if at
the same time they forbid the general public from dealing in the same
class of goods? When it is asserted that the lawmakers intended to
employ convict labor in the production of property, and at the same
time enacted that the property so produced should not become a part
of the general mass of merchandise in the State, or the subject of bar­
gain and sale like other property, we look for language in the consti­
tution so clear and explicit that no other construction is possible to be
put upon it, but such language is not there. This construction would
really impeach the honor and justice o f the State, make it the sole
beneficiary of convict labor and the sole competitor with free labor. I
think the constitution is open to quite another construction, and one
much more honorable to the State.
But such a construction of the constitution must, if adopted, encoun­
ter another and still more serious obstacle. Assuming that it forbids
the sale in this State of the convict-made goods of Ohio, it is in con­
flict with the commerce clause of the Federal Constitution. The article
described in the indictment in this case came into this State from a
penal institution in Ohio through the operation of interstate commerce.
The argument in favor of the validity o f the statute assumes and
asserts that it was not only the purpose of the statute, but of the con­
stitution of the State, to discriminate against such articles and in
favor of the same articles, produced by free labor, in the markets of
this State. It was a regulation of commerce by means of which the
value of merchandise produced in another State was to be depressed
or its sale entirely prohibited. No State can in its sovereign capacity
or in its fundamental law enact anything in violation of the Federal
Constitution any more than can the legislature, acting in a representa­
tive capacity. That Constitution is the supreme law of the land; any­
thing contained in the constitution or statutes of any State to the
contrary notwithstanding. A State constitution which is in violation
o f the supreme law is of no more force than a State statute open to
the same objection, so that, even if this statute was not in conflict
with our own constitution, it would come under the condemnation of
the Constitution of the United States. A State law which interferes
with the freedom of commerce is not saved by the fact that it applies
to all States alike, including the State enacting it. Interstate com­
merce can not be taxed, burdened or restricted at all by State laws,
even though operating wholly within its own jurisdiction. I f it is a
regulation o f commerce, the law relates to a subject within the exclu-




DECISIONS OF COURTS AFFECTING LABOR.

873

give jurisdiction of Congress, upon which the State has no power to
legislate. It matters not whether the regulation be under the guise of
a law requiring a municipal license to sell certain goods, or a health
law requiring inspection of the article, or a label law, as in this case,
requiring the article to be branded or labeled. When they operate as
burdens or restrictions upon the freedom of trade or commercial inter­
course they are invalid. This statute manifestly discriminates against
the sale of goods made in a prison in the State of Ohio by a certain
class of workmen, and in favor of the same articles when made outside
a penal institution and by free labor. In some of the States labor is
much cheaper than in others. But the State where labor commands
the highest price can not make discriminating regulations for the sale
o f the goods made in the State where it is cheapest in order to favor
the interests of its own workmen. One State may have natural advan­
tages for the production of certain goods by reason of location, climate
or the rate of wages over another State where it costs more to produce
them, but the latter can not by hostile legislation drive the cheaper
made goods of the former out of its markets, even though such legis­
lation would increase the wages of its own workmen. Trade and com­
merce between the States must be left free. The Constitution intended
that it should be affected only by natural laws and the ordinary bur­
dens of government imposed through the exercise of the taxing power
equally on all property. The police power of a State can not be used
to depress the price or restrict the sale of articles of commerce merely
because they happen to be made in a prison or by a certain class of
workmen, while the same articles made in some other place and by free
labor are left untouched by the regulation. A citizen of this State
who happens to buy goods made in a prison in Ohio has the right to
put them upon the market here on their own merits, and if this l ight
is restricted by a penal law, while the same goods made in factories are
untouched, such a law is a restriction upon the freedom of commerce,
and the objection to it is not removed by the fact that it may have been
enacted in the guise of a police regulation. The validity of such a
law is to be tested by its purpose and practical operation without
regard to the name or classification that may have been given to it.
This State has declared its policy to utilize convict labor in the pro
duction of such articles as the government itself, or that of any political
division, or the management of any public institution may need. The
convict labor necessary to supply such a large consumption must neces­
sarily in some degree at least affect the wages of free labor, if the argu­
ment in support o f this law be correct, but the general public good
overbalances any evil, real or imaginary, that may proceed from that
policy. Some other State may not see fit to take all the profits of con
vict labor itself, but to sell the products in the market, and when the
articles thus produced have been absorbed into the general mass of
merchandise they can not be made the object of hostile legislation to
depress their value any more than if they had been made in private
manufacturing establishments. The statute in question is aimed at
property produced by a certain kind of labor, and the plain purpose is
to depress its value or restrict its sale in order to enhauce the pr ice or
enlarge the demand for the same kind of property produced by some
other kind o f labor. It belongs to a class of laws which have become
quite common in recent years, all resting largely upon the notion that
the important problems involved in the social or industrial life of the
people may be solved by legislation. This theory has, no doubt, a cer­
tain fascination over some minds, but so long as legislative power is



874

BULLETIN OP THE DEPARTMENT OF LABOR.

circumscribed by tbe restrictions of a written Constitution, a statute
like this can not be sustained by the courts. Whether tested by the
Federal or State Constitution it is, I think, an invalid law.
The judgment o f the courts below sustaining the demurrer to the
indictment should be affirmed.

Constitutionality of Statute —P reference of D ischarged
U nion Soldiers, etc ., in E mployment on Public W orks—State
ex ret. Kreigh t\ Board o f Chosen Freeholders o f Hudson County, 40
Atlantic Reporter, page 625.—This was an application by the State o f
New Jersey to the supreme court thereof, on relation of George E.
Kreigh, for a writ of mandamus against the above-named board. The
court rendered its decision June 13,1898, and denied the application.
The application turned upon the construction of chapter 65, acts o f
1897, the title o f which reads as follows: “ An act respecting the employ­
ment of honorably discharged union soldiers, sailors, and marines in
the public service o f the State of New Jersey, relative to removals.”
The body of the act provides for the preference in employment of ex­
soldiers, etc., not only by the State but by the cities, counties, towns,
and villages thereof, and regulates their removal from the public serv­
ice of the State, etc. Chapter 155, acts of 1895, providing that “ no
person now holding a position or office under the government o f this
State, or the government of any city or county o f this State” shall be
removed “ except for good cause shown,” etc., was also interpreted by
the court in its decision. The decision made by the court turned
large!yripon the effect o f subsection 4 of section Y II of article IV o f
the State constitution, which reads as follows: “ To avoid improper
influences which may result from intermixing in one and the same act
such things as have no x>roper relation to each other, every law shall
embrace but one object, and that shall be expressed in the title.”
The opinion of the supreme court, delivered by Judge Dixon, reads
as follows:
The relator asks for a mandamus commanding the board of chosen
freeholders o f Hudson County to restore him to employment as a car­
penter to work about the grounds and buildings of the county court­
house. The case shows that he was so employed by the board on
December 17,1896, to do whatever carpenter work he was directed by
the county superintendent to do, for which he was to be paid $3.60 per
day; that he was an honorably discharged Union soldier; and that on
December 9,1897, he was dismissed by the board, without any reason
being assigned. His application for mandamus is based on the act of
March 31, 1897 (P. L., 1897, p. 142) [chapter 65, acts of 1897J. But,
because of the title, that act can not extend to persons not employed
“ in the public service of the State of New Jersey.” The clauses in the
body o f the act relating to the cities, counties, towns, and villages of
the State are inoperative, under our constitution. [Subsection 4 o f
section V II of article IV.J (Allen v. Commissioners, 57 N. J. Law, 303;
31 Atl., 219; Schenck v. State, (N. J. Sup.,) 37 Atl., 724.) The relator’s




875

DECISIONS OF COURTS AFFECTING LABOR.

claim must therefore be tested by the act of March 14,1895 (3 Gen. St.,
p. 3702) [chapter 155, acts of 1895]. That statute protects only those
persons who hold“ an office” or “ a position;” and we think that,
according to the views heretofore expressed as to the meaning of those
terms (Lewis v. Jersey City, 51 K. J. Law, 240,17 Atl., 112; Stewart
v. Board, [K. J. Sup.,] 38 Atl., 842), the employment of the relator did
not place him in either an office or a position, within the purview of
that statute. He was to work by the day only, and the services to be
rendered by him were merely such as, in the line of his trade, might be
directed from time to time by his superior. Thus, he appears to have
belonged to a class of employees who, according to the opinion pro
nounced by Mr. Justice Depue in Lewis v. Jersey City, ubi supra, were
not included within such a statutory provision. The motion for man­
damus must be denied, with costs.

C o n s t it u t io n a l it y

of

Statute— W

e ig h in g

Coal

at

M

in e s —

Wilson v. State, 53 Pacific Reporter, page 371.—Henry Wilson was con­
victed in the district court of Crawford County, Kans., of a violation
o f the provisions of chapter 188 of the acts of 1893 of that State, regu­
lating the weighing of coal at the mine. He appealed to the court of
appeals of the State, claiming that the statute was unconstitutional,
and that court rendered its decision May 19, 1898, sustaining the con­
stitutionality of the act in question and affirming the judgment of convic­
tion had in the lower court.
The following, quoted from the opinion of the court of appeals,
which was delivered by Judge Milton, shows the facts in the case and
the important reason for the decision:
Appeal by Henry Wilson from a conviction under an information
charging a violation of the provisions of chapter 188, Laws Kans., 1893.
The case was tried by the court upon an agreed statement of facts, a
jury having been waived. The title of the said chapter is, “ An act to
regulate the weighing of coal at the mine.” Section 1 reads: “ It shall
be unlawful for any mine owner, lessee, or operator of coal mines in this
State, employing miners at bushel or ton rates, or other quantity, to
pass the output o f coal mined by said miners over any screen or other
device which shall take any part from the value thereof before the
same shall have been weighed and duly credited to the employee and
accounted for at the legal rate of weight as fixed by the laws of Kansas.”
Section 2 requires that the weighman employed at any mine shall sub­
scribe an oath to do justice between employer and employee, and to
weigh the output o f coal from the mine in accordance with the provi­
sions o f section 1, and makes a violation of the act a misdemeanor.
Section 3 provides that the miners employed by or working for any mine
owner may employ a check weighman. Section 4 relates to fraudulent
weighing." Section 5 reads: “ Any provisions, contract, or agreement
between mine owners or operators thereof and the miners employed
therein, whereby the provisions of section 1 of this act are waive<\,
modified, or annulled, shall be void and of no effect; and the coal sent
to the surface shall be accepted or rejected, aud if accepted, shall be
weighed in accordance with the provisions of this act; and right of
action shall not be invalidated by reason of any contract or agreement.”



876

BULLETIN OF THE DEPARTMENT OF LABOR.

The information charged, substantially in the language of the first sec­
tion of the statute, that Wilson was the superintendent and agent of
the Mt. Carmel Coal Company, a private corporation, organized under
the laws of this State, and engaged in the business o f mining and sell­
ing coal for private gain, and that, as such superintendent and agent,
he knowingly directed and caused all the output o f coal from the. com­
pany’s mines, produced by its miners employed at ton rates, to be passed
over screens before such output had been weighed (but with the knowl­
edge of and by virtue of a contract with the miners), whereby a large
part of the value of the coal was taken therefrom before the same had
been weighed and duly credited to the miners, and accounted for, at the
legal rate o f weights, as fixed by the laws of Kansas. The agreed
statement o f facts practically admitted the allegations o f the informa­
tion, and added thereto that the miners were employed by Wilson under
contracts providing for payment at ton rates; that the output o f the
mines should be passed over screens before being weighed, and that
the miners should be paid at the rate of 95 cents per ton o f screened
coal; that a portion of the coal, consisting of a nut” and u slack,” pro­
duced by the said miners, passed through the screen, and did not reach
the scales, and was not weighed, and that such slack and nut coal so
deducted from the output of the mine by screening had a marketable
value; that to comply with the provisions of this act would require the
coal company to purchase an extra set of scales; that all o f the miners
in the employ of the coal company were of full age, and legally com­
petent to contract and to be contracted with.
Appellant claims that the act under which he was convicted is uncon­
stitutional and void, for the reason that it is violative o f the bill of
rights of this State, and also of section 1 of the fourteenth amendment
to the Federal Constitution, this being the principal contention. It is
also claimed that, under the facts of the case, appellant is not guilty
even if the law is valid.
1.
Referring to the last-stated contention, which is presented first in
appellant’s brief, we remark that his counsel, throughout their whole
argument, assume that the object of this act is to regulate the rate of
wages to be paid by mine operators to their employees. W e think this
assumption is unwarranted, and that, in so far as the arguments of
counsel rest upon it, such arguments are irrelevant to the questions
which properly arise in the case. It would hardly be claimed that the
act would be valid, within the provisions of section 16 of article 2 of the
State constitution, if the body thereof contained provisions fixing the
rate of wages of miners, under the title, “ An act to regulate the weigh­
ing o f coal at the mine.” .
Counsel say that it was clearly the intention of the legislature to
punish the act of passing the output of a coal mine over a screen or
other device which should take any part from its value in determining
the wages or compensation to be paid the miners, or its value as the
measure of the wages to be received, and that where any part of its
value as such measure is not only not taken away, but is increased by
screening (as they claim is true in this case), such an act is not a viola­
tion of the law. W e can not agree with this construction o f the stat­
ute. It was manifestly the intention of the legislature to require that,
where a screen is used by any mine operator, the same shall not be
Employed prior to the weighing of the coal if the use o f the screen
would take from the coal any part thereof which has a money value.
It is not an act to prohibit the screening of coal, but it is an act to reg­
ulate the weighing of coal before screening. The agreed statement of



DECISIONS OF COURTS AFFECTING LABOR.

877

facts shows that the law was disregarded in this case. It also shows
that to comply with the provisions of this law would require the coal
company to purchase an extra set of scales; that is, the evidence shows
that, while the act has been a law of the State for more than four years,
the coal company had made no provision tor complying with its terms.
It is plain that the company has rested upon its (i constitutional rights”
while declining to obey a statute. It has asserted its “ inalienable
right” of contracting in defiance of a law.
2.
In support of the claim of the unconstitutionality of this enact­
ment, counsel argue at great length that a legislative act may be
unconstitutional where it invades the inherent rights of the citizen to
life, liberty, and the pursuit of happiness, even if no express constitu­
tional provision is violated. Much research has been devoted to this
branch o f the case, and it is presented with great clearness and vigor.
The proposition is sustained by a multitude of authorities. The limi­
tation to this rule is that a very clear case of such invasion of rights
must appear to justify a court in holding an act to be unconstitutional
upon the ground stated. As a basis to their argument that this act
violates section 1 of our bill of rights and section 1 of the fourteenth
amendment to the Constitution of the United States, counsel for appel­
lant say: u What does the statute in question attempt to do? I f the
contention on behalf of the State is correct, section 1 makes it unlaw­
ful for any mine owner, lessee, or operator of coal mines in this State
employing miners at bushel, ton, or other quantity rates to make any
contract with the miner for compensation on the basis of screened coal.”
They further say that, if the statute is valid, a contract which modifies
or violates its terms is void, and that, no matter how beneficial it would
be to the miner to enter into a contract for screened coal, for which he
might receive a much greater price per ton than for unscreened or “ minerun coal,” he could not maintain an action to recover his wages under
such a contract, and that, in any event, his recovery would be limited to
the price for mining unscreened coal. They also maintain that the effect
of the law is to destroy the right of the miner to contract in respect to
his own labor; that the right of contracting is a property right; that
labor is property; and that the right to labor and to make contracts in
respect thereto upon such terms as may be agreed upon between the
parties is included in the declaration set forth in section 1 of our bill
of rights.
W e have already referred to what we consider a fundamental error
in the theory o f the appellant, in that he claims the object and purpose
of this act to be the regulation of the wages of the miners. His coun­
sel have repeatedly stated that it must be presumed in this case that
the miners, with different propositions respecting the basis for the pay­
ment of their wages open before them, have chosen the proposition
most favorable to themselves. Throughout their whole argument the
idea that this act is intended to fix and regulate wages is kept promi­
nent. As we have already stated, we should hold this law to be invalid
if it in terms expressed such purpose, and that neither the title of the
act nor the act itself directly or indirectly purports to relate to the
matter of wages. If, therefore, the construction counsel seek to place
upon this act be held erroneous, their arguments and deductions along
this line can have no great weight in determining its constitutionality.
W e regard this law as being what it purports to be, as set forth in its
title, and that it is intended as a police regulation, general in its appli­
cation to all owners of coal mines and laborers who work in such mines.
It is not therefore objectionable, as being class legislation.



878

BULLETIN OF THE DEPARTMENT OF LABOR.

It is a matter o f current history, with which all citizens are familiar,
that serious differences have arisen between mine operators and their
employees as a result o f the use of devices for screening coal. The
reports o f the labor bureaus of all the States wherein coal mines are
operated abound in information upon this subject. It is evident that
the legislature regarded the weighing of coal at the mine before
screening as being properly subject to, and requiring, regulation. O f
course,where screens ai e not used, the entire output o f coal produced by
each miner is weighed. Where screens are employed, such output is
required to be weighed, if the effect of the screening would be to remove
a portion (having value) of such output. The tendency of such a law
would be to prevent possible fraud and imposition by the mine owner,
and to place operator and operative upon a more nearly equal basis in
respect to their mutual relations and interests than would otherwise
exist. Counsel for appellant say: “ It need not be argued to this court
that where different propositions are open to the choice of men,whether
they be miners or wood choppers, it will be presumed that the proposi­
tion most favorable to them will be accepted; ” and that it must be pre­
sumed in this case that the miners agreed to that proposition which
insured or x>romised to them the best wages. The objection to this view
is the assumption that an option was presented to the miners as to the
basis o f their contracts. As already noted, the coal company had made
no provision for weighing coal before screening the same, from which it
is clear that the assumed option could not have been exercised. Until
proper provision is made for weighing the coal, the miner can not exer­
cise a choice. In the way provided by this statute, and in no other way,
will an Equitable basis be reached. As stated by the Supreme Court in
the case of Holden v. Hardy [18 Supreme Court Reporter, page 383],
proprietors o f coal mines and their operatives do not stand upon an
equality, and their interests are to a certain extent conflicting.
3.
But, as we view this act, it is by no means an innovation or a leg­
islative novelty. Not only is it not novel or at variance with present
legislation elsewhere, but the principle involved has been expressed in
other statutes o f this State for many years, and has been embodied in
the laws of some of the older States for almost a century. In our stat­
utes relating to cities of the first class it is jirovided that the council
may prescribe rules for weighing and measuring every commodity sold
in the city, in all cases not otherwise provided for by law, and may
provide for the weighing of hay, grain, and coal, and regulate and pre­
scribe the place or places of sale of such articles. In the statutes
relating to cities of the second class similar provisions are made; and
cities of the third class, in addition to the provisions for such weighing,
are empowered to purchase and locate public scales for such weighing,
and to appoint a weighmaster. I f such regulations as we have just
considered are valid, this act requiring the weighing of coal at the
mine is also valid. If statutes may be enacted for the benefit of the
buyer who is otherwise without protection from fraud and imposition,
laws maybe enacted to protec.t the seller who would otherwise be liable
to imposition and fraud. The difference in principle between the two
instances is ethereal. The law’s consideration and protection are
extended to the party occupying the disadvantageous position.
In this ease it may be said that the miner has brought the product
of his toil to the market when the car containing the coal he has mined
rests beneath the sun, which shines not where he delves, just as truly
as that the farmer has brought his hay to market when lie enters the
city, where it is to be weighed and delivered to a customer, and where



DECISIONS OF COURTS AFFECTING LABOR.

879

he may be required by ordinance to have it weighed on scales not o f
his choosing. To weigh coal before it is screened is to preserve the
weight of the entire product o f the miner’s labor. He may be far
beneath the surface o f the earth, engaged in his arduous task; but if
what he produces is properly weighed, in accordance with the law, and
subsequently accounted for, he is put upon a basis of equality with the
purchaser—the operator of the mine—in matters of contract relating to
such product.
In conclusion: W e have given the important matters here involved
much consideration, with the earnest desire to reach a right decision.
Our judgment has not been persuaded that this act violates either the
letter or the spirit of the constitution o f this State or that of the United
States. We are unable to affirm that the legislature has not “ adopted
the statute in the exercise of a reasonable discretion.” Ouided by the
rule laid down by our supreme court in State v. Barrett, 27 Kan., 213,
that “ the action o f the lawmaking power must in ail cases be upheld
unless its action is manifestly in contravention o f the constitution,” we
hold chapter 188, Laws 1893, to be constitutional and valid. The judg­
ment of the trial court is affirmed. All the judges concurring.

E

m ployers’

L ia b il it y — N e g l ig e n c e

Servan ts—

of

M

in e

B oss— F e l l o

w

-

Williams v. Thacker Goal and Coke Go., 30 Southeastern
Reporter, page 107.—Action was brought by Levy Williams, adminis­
tratrix of John M. Williams, deceased, against the above named com­
pany to recover damages for the death of said Williams while in the
employ of said company. He was killed by the falling upon him of a
large piece o f slate from the roof of the mine, owing, as alleged, to the
negligence of a mine boss who had been appointed under the provisions
of section 6 of chapter 70 of the acts of 1883, as amended by chapter 50,
acts of 1887 [Code of 1891, page 995, section 11]. The case was heard
in the circuit court of Mingo County, W. Va., and the defendant com­
pany filed a demurrer to the plaintiff’s declaration. Said demurrer was
sustained and a judgment was rendered for the company. The plaintiff
then carried the case on writ of error to the supreme court of appeals
o f the State, which rendered its decision April 2, 1898, and affirmed
the judgment of the lower court.
The court’s opinion was delivered by Judge McWhorter, and contains
the following language:
Section 11, p. 995, Code 1891, append., provides that, “ in order to
better secure the proper ventilation of every coal mine, and promote
the health and safety of persons employed therein, the operator or agent
shall employ a competent and practical inside overseer, to be called
4mining boss,’ who shall be a citizen and an experienced coal miner, or
any person having two years’ experience in a coal mine;” aud in pre­
scribing the duties of such mining boss it provides that u he shall see
that as the miners advance their excavations, proper break throughs
are made as provided in section ten of this act, and that all loose coal,
slate, and rock overhead in the working places and along the haulways
be removed or carefully secured, so as to prevent danger to persons
employed in such mines,” etc. This statute is taken from the statute



880

BULLETIN OF THE DEPARTMENT OF LABOR.

of Pennsylvania. The latter requires the “ owner or agent [of any coal
mine] to employ a competent and practical inside overseer to be called
i mining b o s s /” and then prescribes his duties, similar to those pre­
scribed by our statute, while ours prescribes that such mining boss
“ shall be a citizen and an experienced coal miner, or any person having
two years’ experience in a coal mine.”
Under the Pennsylvania statute, in Keese v. Biddle, 112 Pa. St., 79,
3 Atl., 814, Justice Paxton, in the opinion of the court, says: “ It was
plain error to instruct the jury that the defendants were responsible
for the negligence o f their mine boss. There was no evidence that he
was not competent to perform his duties, and hence no negligence can
be imputed to defendants for employing him. It has been repeatedly
held that a mining boss is such a fellow-servant as, in case o f an injury
to other employees through his negligence, the master is not respon­
sible,” and cites Lehigh Yalley Goal Oo. v. Jones, 86 Pa. St., 432? Canal
Co. v. Carroll, 89 Pa. St., 374, and Bridge Co. v. Newberry, 96 Pa. St.,
246. “ Tbe operator o f a coal mine fulfills the measure of his duty to
his employees if he commits his work to careful and skillful bosses and
superintendents, who conduct the same to the best o f their skill and
ability.” (Waddell v. Simoson, 112 Pa. St., 567, Syl., point 3, 4 Atl.,
725.)
The statute [of West Virginia] requires that the operator or agent of
every coal mine shall employ a competent and practical inside overseer.
Por what purpose? To better secure the proper ventilation of the coal
mine, and promote the health and safety of persons employed therein.
Operators and agents are not supposed to have the practical knowledge
necessary to look after these matters which are of so much importance
to the interests o f the miners and employees in and about the mines?
therefore the legislature, with proper solicitude for the welfare o f those
who brave the dangers o f the mines in order to make a living for those
dependent upon them, asserts its prerogative, and so far interferes with
the private business of the capitalist who engages in the mining busi­
ness as to require him to take into his employment a person whose
experience in the business and sound judgment equip him for such
management and oversight of the conduct o f the mine as to reduce the
dangers thereof to a minimum. The operator is left no choice—no dis­
cretion—in the matter. Although he may himself be a practical miner,
possessed o f all the qualifications of a mine boss, yet under the statute
he is compelled to employ such person. Did the appellee in this case
comply with the statute? The record shows that Thomas Litefoot, a
man 39 years o f age, a practical miner o f nearly 30 years’ experience in
“ digging coal and doing everything in a coal mine,” was at the time of
the injuries complained of, and had been for some months prior thereto,
the mine boss*in the employ of the appellee. What more could be
required o f appellee than compliance with the strict provisions of this
statute for the protection and safety of the miners and other employees
o f the mines? There is no evidence tending to show incompetence o f
the mining boss, or negligence of appellee in employing him in that
capacity; none whatever to prove, or tending to prove, that appellee
knew or had notice of any part of the mine being in a dangerous condi­
tion. “ Where a person or corporation is compelled by law to employ
an individual in a given matter, no liability attaches for his tortious or
negligent acts.” (14 Am. & Eng. Enc. Law, 809.)
In Waddell v. Simoson, supra, Justice Gordon says, in the court’s
opinion: “ Moreover, as the defendants had complied strictly with the
eighth section o f the act of 3d of March, 1870 [of Pennsylvania], in pro-




DECISIONS OF COURTS AFFECTING LABOR.

881

viding a practical and skillful inside overseer or mining boss, as they
bad thus fulfilled the duty imposed upon them by the general assembly,
it is not for this or any other court to charge them with an additional
obligation. * * * It is too plain for argument that, if the defend­
ants have not violated said act, they are not responsible. To this doc­
trine we must adhere, and the more so that it is just and reasonable.
The act is one of great practical utility to the miner, and lays upon the
proprietors o f mines all the burdens they ought of right to bear. They
must x>rovide capable overseers for their works, and they must furnish
what, by such overseers, is required for the safety and welfare of the
men engaged in those works. More than this they can not do, for upon
the judgment and skill of these practical agents they must depend
quite as much as any of the men who are engaged in their mines.
Bosses, however well-intentioned and skillful, can not always be on the
watch. Occasionally they will fail in judgment, and at times even be
negligent. But of this the workman is quite as well aware as his
employer, and upon entering upon the employment of mining he must
assume the risks that are ordinarily incident thereto, among which are
those accidents that may result from negligence of coemployees, of
whom, as we have seen, the mining boss is one.” In all the cases decided
in Pennsylvania under the statute requiring operators of mines to
employ mine bosses, it is held that these mine bosses are fellow-servants
with the miners and employees in the mines.
The duty o f the operator or agent [under the West Virginia statute]
is to employ a competent mine boss according to the provisions o f the
statute, and when he has done so he has discharged his duty to his
employees in relation to those duties which the statute prescribes shall
be performed by such mine boss, and the operator or agent is not lia­
ble for injuries arising from the negligence of the mine boss, who is not
a vice principal, as his duties are not delegated to him by his employer,
but are prescribed by statute; and he is a fellow-servant, as in case of
an injury to other employees through his negligence the master is not
responsible. The judgment must be affirmed.

Em ployers’

L ia b il it y — N e g l ig e n c e

of

Su p e r in t e n d e n t —

Rion v. Rockport Granite Go. and Levigne v. Same, 50 Northeastern
Reporter, page 525.—These actions were brought in the superior court
of Essex County, Mass., to recover damages against the above-named
company for personal injuries received while in its employ. Evidence
showed that one Labelle, alleged to be a superintendent, placed a can
of powder near the edge of a pit at the company’s quarry; that soon
after a tag-rope attached to a derrick being set in motion, hit the can,
turned it over, and spilled the powder, which went down into the pit
and exploded, and that said explosion injured both the plaintiffs. The
claim was made under the provisions of section 1 of chapter 270 of the
acts of 1887, as amended, which, so far as applicable to this case, reads
as follows:
Where * * * an injury is caused to an employee, who is himself
in the exercise of due care and diligence at the time: * * * (2) By
reason o f the negligence o f any person in the service of the employer,
intrusted with and exercising superintendence, whose sole or principal
7443—No. 19------7



882

BULLETIN OP THE DEPARTMENT OF LABOR,

duty is that o f superintendence, * * * the employee * * *
shall have the same right o f compensation and. remedies against the
employer as if the employee luid not been an employee of nor in the
service o f the employer, nor engaged in its work.
Judgment was rendered for the company and the plaintiffs appealed
the cases to the supreme court of the State, which rendered its decision
May 19,1898, and affirmed the judgment o f the lower court, deciding
that the negligent act o f an employee whose principal duty was that of
superintendence, said act being the cause o f the injury complained of,
must be an act o f superintendence and not one o f manual labor only in
order to render the employer liable under the statute.
The opinion o f the supreme court was delivered by Judge Mortou,
and upon the point above mentioned he used the following language
therein:
W e think that there was testimony tending to show that the principal
duty of Labelle was that o f superintendence, though he also performed
manual labor. But we think that the act o f putting down the can of
powder where he did, which is all the negligence that is relied on, hardly
can be said to have been an act of superintendence on Labelled part,
even if we assume that it was negligent to leave the can where he did.
There was testimony tending to show that to some extent the bosses,
o f whom Labelle was one, had charge of the blasting. I f the work o f
blasting was in some sense in the nature o f superintendence, the mere
act o f fetching and putting down a can of powder preparatory to blast­
ing could hardly be described as an act of superintendence, or as any­
thing more than an act of manual labor on the part of Labelle. There
was nothing in it involving any control over or direction to any other
workman, or requiring any skill, or distinguishing it from any other
act o f manual labor. When a person is employed to work with his
hands, as well as to exercise superintendence, as was the case with
Labelle, the line must be drawn somewhere between what are acts of
superintendence and what acts o f manual labor, or all that he does muse
be regarded as superintendence or as manual labor, which manifestly
would be unjust. We think that in this case the act of fetching and
putting down the can of powder must be regarded as au act o f manual
labor.

E m p l o y e r s ’ L i a b i l i t y — R a il r o a d C om panies — I n t e r p r e t a ­
S t a t u t e — Fallon v. West End Street Railway Co., 50 North­

tio n of

eastern Reporter, page 536.—This case was brought up to the supreme
court o f Massachusetts on exceptions from the superior court o f Suf­
folk County. It was an action brought by a conductor against a street
railway company in whose employ he was injured, said injury being
due, as alleged, to the negligence of a motorman employed by the same
company. Judgment was rendered for the company in the superior
court and the plaintiff, Fallon, took exceptions. The supreme court
rendered its decision May UO, 1898, and overruled the exceptions, affirm­
ing the judgment o f the lower court. The case hinged upon the inter­



DECISIONS OP COURTS AFFECTING LABOR.

883

pretation of clause 3 of section 1 o f chapter 270 of the acts of 1887, as
amended, which, so far as it affects this case, reads as follows :
Where # * * personal injury is caused to an employee, who is
himself in the exercise of due care and diligence at the time: # * *
(3) By reason o f the negligence o f any person in the service of the
employer who has charge or control o f any * # * locomotive engine
or train upon a railroad, the employee, * * * , shall have the same
right o f 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 court was delivered by Judge Morton,
and reads as follows:
The plaintiff contends that a street railway car operated by electricity
upon a street railway track is a “ locomotive engine or train upon a
railroad,” within the meaning o f St. 1887, c. 270, § 1, cl. 3. So far as
any definition has been given by statute to the word “ railroad,” it has
been confined to railroads operated by steam. (Pub. St., 112, § 1.) It
is true that this is declared to be the meaning of the word for that and
the following chapter, and that in other cases the word has been held
to include street railways. (Oontral Nat. Bank of Worcester v. W or­
cester Horse B. Co., 13 Allen, 105.) It is also true that tracks laid for
temporary purposes, but used for locomotives operated by steam, and
for cars such as are used on steam railroads, have been held to be rail­
roads, within the meaning o f the act. But we think that by the words
“ locomotive engine or train upon a railroad” must be understood a
railroad and locomotive engines and trains operated and run, or origi­
nally intended to be operated and run, in some manner and to some
extent by steam. This, undoubtedly, was the sense in which the words
were used by the legislature when the statute was enacted; and wo do
not feel justified now in giving to them the broad construction for which
the plaintiff contends. Possibly, a railroad, when the motive power
has been changed in part or altogether from steam to electricity or
some other mechanical agency, but which retains in other respects the
characteristics of a steam railroad, would come within the purview of
the act. It is not necessary, however, to decide that question now.
The defendant is a street railway operated by electricity, and running
the usual street car in the usual manner. W e think that a car belong­
ing to it, and operated in the manner in which cars upon street electric
lines usually are, can not be said to be a locomotive engine or a train
upon a railroad, within the meaning of the statute in question. Except­
ions overruled.

E m p lo ye r s ’ L ia b il it y — B a il r o a d C o m panies — N e g l ig e n c e of
C o e m p l o y e e , e t c .—Akeson v. Chicago, Burlington and Quincy Rail­

road Co., 75 Northtcestern Reporter, page 676.—Action was brought by
one Akeson against the above-named railroad company to recover dam­
ages for personal injuries sustained while he was in the employ of said
company. After a hearing in the district court of Montgomery County,
Iowa, a judgment was rendered for the plaintiff and the railroad com­
pany appealed the case to the supreme court o f the State, which rendered
its decision May 26,1898, and affirmed the judgment o f the lower court.



884

BULLETIN OF THE DEPARTMENT OF LABOR.

Tlie following, quoted from tlie opinion o f the supreme court, delivered
by Judge Ladd, shows the more important points of the decision and
the facts in the case: .
For about two and one-half years before the month of August, A. D.
1892, when the accident in question occurred, the plaintiff had worked
for the defendant in its coal house at Red Oak. His duties required
him to shovel coal from the cars into the chutes, to break the coal, and
wet it for use, and to assist in filling the tenders of locomotive engines
with coal. In the month referred to the coal house was rebuilt, and,
while that was being done, tenders were supplied with coal from cars
which were placed on the coach track next to the main line. The sides
of the coal cars were about four feet high, and, when a tender was to
be loaded, it was run onto the main line track, opposite the coal ear.
A bridge was made by placing together two planks (each of which was
about ten feet in length, one foot in width, and two inches in thickness)
in such manner that one end o f each plank rested on top of the coal car,
and the other on top of the tender. The bridge thus made was nearly
level, and was used by the plaintiff* and a coemployee in passing from
the car, with a box which was provided with handles at each end, and
was filled with coal, and in returning with the empty box after its con­
tents had been dumped into the tender. On the day of the accident a
locomotive engine in charge of an engineer and fireman was run up to
the coal car for coal, and a bridge was made, and the tender filled by
the plaintiff and his coemployee, Forshay, in the manner described.
When that work was finished, Forshay remained on the tender, as he
frequently did, for the purpose of riding on it to the water tank, to get
water for the engine, while the plaintiff returned over the bridge to the
coal car. As he was about to step from the bridge to the car, Forshay
picked up a plank and shoved it into the car. The plaintiff claims that
the plank caught one of his feet, and made him fall or jump into the car
in such a manner as to cause a double hernia, and the evidence tends
to sustain that claim. The verdict and judgment in his favor were for
the sum of $1,500.
The liability o f the defendant depends upon the meaning and appli­
cation o f section 2071 of the Code (section 1307, Code of 1873), which
is as follows: u Every corporation operating a *ailway shall be liable
for all damages sustained by any person, including employees of such
corporation, in consequence of the neglect of agents or by any misman­
agement of the engineers or other employees of the corporation, and in
consequence of the willful wrongs, whether of commission or omission,
of such agents, engineers, or other employees, when such wrongs are
in any manner connected with the use and operation of any railway
on or about which they shall be employed, and no contract which
restricts such liability shall be legal or binding.”
The evidence tends to show that the accident was occasioned by the
negligence of Forshay. It is said, however, that this was in no manner
connected with the use and operation of the railway.
The court, in order to uphold the constitutionality of the law in
Deppe v. Railroad Co., 36 Iowa, 52, limited the term “ employees ” to
those engaged in operating the railroad, saying, through Cole, J .: “ The
manifest purpose o f the statute was to give its benefits to employees
engaged in the hazardous business of operating railroads. When thus
limited it is constitutional; when extended further, it becomes uncon­
stitutional.” That the employment at the time of the injury must have
exposed the complainant to the hazards of railroading, without refer­



DECISIONS OP COURTS AFFECTING LABOR.

885

ence to what he may be required to do at other times, is no longer
questioned.
The peculiarity of the railroad business, which distinguishes it from
any other, is the movement o f vehicles or machinery o f great weight
on the track by steam or other power, and the dangers incident to such
movement are those the statute was intended to guard against. If, then,
the injury is received by an employee whose work exposes him to the
hazards o f moving trains, cars, engines, or machinery on the track, and
is caused by the negligence of a coemployee in the actual movement
thereof, or in any manner directly connected therewith, the statute
applies, and recovery may be had. Beyond this, the statute affords no
protection. The purpose o f the lawmakers was evidently not to make
men, because employed by railroad companies, favorites of the law, but
to afford protection owing to the peculiar hazards of their situation.
That the plaintiffs employment exposed him to the peculiar dangers of
railroading admits of no doubt. The important question is whether
the negligenceof Forshay, causing the injury, was so immediately con­
nected with and incident to the movement of the engine and tender as
to come within the statute. W e think it was. The engine had been
detached from an incoming freight train, and was moved opposite the
coal car, for the purpose of filling the tender with coal to be used as
fuel, and, this done, by running two planks from the tender to the coal
car. Over these the coal was carried in boxes, and, when this work was
done, these were necessarily taken from the tender to enable the engine
to move from the main track. In doing this, Forshay picked up and
pushed one o f the planks just as the plaintiff was about to step on
the coal car, and, to save himself, the latter was compelled, in order to
avoid this plank, to jump sidewise among some boxes below. The very
purpose o f removing the plank was to enable the engine to move, and if,
in doing this, Forshay was negligent, such negligence was so closely
connected with the movement as to come within the terms of the statute.
Indeed it is difficult to conceive o f a case where negligence not in the
actual movement o f an engine is more directly connected therewith.

F a c t o r y I n spectio n — V io l a t io n of A ct —People v. Dow, 76
Northwestern Reporter, page 89.—In the recorder’s court of Detroit,
Mich., one Alexander Dow was convicted of violating the factory
inspection law. BLe brought the case upon writ of error before the
supreme court o f the State, and a decision was rendered by said court
July 12,1898, in which it reversed the judgment of the lower court.
The opinion of the supreme court, in which the facts in the case are
sufficiently set out, was delivered by Judge Montgomery, and reads as
follows:
The respondent was prosecuted for a violation of act No. 184, Laws
1895, known as the u Factory inspection law.” This law provides that
“ the commissioner of labor * * * and deputy factory inspectors
shall be factory inspectors in the meaning of this act, and are hereby
empowered to visit and inspect at all reasonable hours and as often as
practicable or required, the factories and workshops and other manu­
facturing establishments in the State,” etc. A further provision is, that
any person who refuses or omits to comply with any of the foregoing




886

BULLETIN OF THE DEPARTMENT OF LABOR.

provisions o f this act, or any person who interferes in any maimer with
the factory inspector in the discharge o f his duties, shall be punishable,
etc. The charge preferred against this respondent is that he did unlawfolly interfere with one Otto Reinhardt, a deputy State factory inspector,
in the discharge o f duties, “ in refusing him access to the machinery
department of the Edison Illuminating Company, of which said Alex­
ander Dow was then and there the general manager.”
The evidence on the trial disclosed that the inspector visited the
premises o f the Edison Illuminating Company, and was referred by the
person in charge o f the office to the engineer. The office was upstairs.
He then went downstairs, and fouud a door which he assumed to be the
door leading into the engine room. It appears by the undisputed testi­
mony that, as a matter o f fact, this was not the regular door used
for that purpose 5 that, while it led indirectly to the engine room by
means o f a flight o f steps, yet there was a regular door to the engine
room. While standing near this door the respondent entered the other
door. The parties are not agreed as to just what the conversation was,
but both do agree that respondent directed Mr. Reinhardt to the engi­
neer, and directed him to go around to the other door. This the inspector
refused to do, but demanded admission at the door in question.
The prosecuting attorney in his brief says that the question to be
decided is whether the factory inspector or his deputy has the right, at
all reasonable times, to enter at any door or entrance that is open, and
through which access may be gained to the machinery, in any factory
that the duties o f the factory inspector or his deputy, as set forth in
the statute under which the warrant in this case was issued, may call
Mm, or whether the factory inspector or his deputy {may] be compelled
to enter such factory through such opening or door as the proprietor
or person in charge may see fit to designate. W e have no hesitancy in
answering this question, and affirming that it is the duty of the fac­
tory inspector to observe the reasonable regulations o f the proprietor.
The authority conferred by this statute is extraordinary, and due
regard to the rights o f others would suggest to the officers that the
authority be exercised iu such a way as to avoid collision with the
owner or occupant, if possible. It is not suggested that the door to
which this factory inspector was directed did not afford access to the
department which he sought to inspect. This being so, it can not be
said that the respondent interfered with the inspector by refusing him
access to the machinery department o f the company, unless it be held
that the inspector is to be the judge o f the aperture through which he
is to enter. It would, of course, be a physical possibility to enter
through an open window, but, if the proprietor had provided a door to
admit persons to the premises, he would not be bound to permit the
inspector to enter at the window. The case would have been quite
different if the refusal had been captious, or if the door to which the
inspector had been directed would not have afforded him full access to
all parts o f the factory which he desired to inspect. The provisions of
the law are wise and salutary, and we would by no means be disposed
to place such £ construction on the statute as would be calculated to
unnecessarily hamper officers in the discharge o f their duty; but, on
the other hand, the power to enter upon private premises for the pur­
pose o f inspecting property is a delicate power, and should be exer­
cised with great caution. W e think the evidence in this case did not
warrant a conviction. Judgment will be reversed, and a new trial
ordered.




DECISIONS OF COURTS AFFECTING LABOR.

887

M a st e r an d S e r v a n t — K e f u s a l to P e r f o r m Se r v ic e s — Cr im i ­
L i a b i l it y — McIntosh v. State, 23 Southern Reporter, page 608.—

nal

In an action heard in the county court of W ilcox County, Ala., Alex­
ander McIntosh was convicted of obtaining money from his employer
under a written contract of hire with intent to defraud. Said convic­
tion was had under the provisions of section 4730, Code of 1890, which
reads as follows:
Any person, who, with intent to injure or defraud his employer, enters
into a contract in writing for the performance of any act or service, and
thereby obtains money or other personal property from such employer,
and, with like intent, and without just cause, and without refunding
such money, or paying for such property, refuses to perform such act
or service, must, on conviction, be punished as if he had stolen it.
The charge made was that McIntosh, with intent to injure or defraud
his employer, entered into a contract in writing for the performance of
services, and thereby obtained $20 from said employer, and with like
intent, and without just cause, and without refunding such money,
refused to perform such services in violation of the above-quoted sec­
tion of the Code. After the introduction of the evidence the defendant
requested the court to give to the jury the following charge: “ The
court charges the jury that if they believe from the evidence that Alex­
ander McIntosh performed enough labor, at the rate of nine dollars per
month, to pay the twenty dollars charged in the indictment, then, in
that event, they must acquit the defendant.77 The court refused to give
this charge and the defendant, being convicted, appealed the case to
the supreme court of the State, which rendered its decision June 2,
1898, and reversed the judgment of the lower court.
The opinion of the supreme court, delivered by Chief Justice Brickell,
reads as follows:
The accusation against the defendant was founded on an alleged vio­
lation of the statute (Code 1886, § 3812; Code 1890, § 4730) directed
against frauds practiced on employers by servants or employees, obtain­
ing money or other personal property from the employer upon a contract
in writing for the rendition of service. In Ex parte Iiiley, 94 Ala., 82,
10 South., 528, it was said by Walker, J., in exposition of the statute:
“ The effect of this statute is to provide for the punishment criminally
of a certain class of frauds which are perpetrated by means of promises
not meant to be kept.77 And further it was said: “ The ingredients of
this statutory offense are: (1) A contract in writing by the accused for
the performance of any act or service; (2) an intent on the part of the
accused, when he entered into the contract, to injure or defraud his
employer; (3) the obtaining by the accused of money or other personal
property from such employer by means o f such contract, entered into
with such intent; and (4) the refusal by the accused, with like intent,
and without just cause, and without refunding such money or paying
for such property, to perform such act or service. This statute by no
means provides that a person who has entered into a written contract
for the performance of services, under which he has obtained money or
other personal property, is punishable as if he had stolen such money
or other personal property, upon his refusal to perform the contract.




888

BULLETIN OP THE DEPARTMENT OP LABOR.

without refunding the money or paying for the property. A mere
breach of the contract is not, by the statute, made a crime. The crim­
inal feature o f the transaction is wanting, unless the accused entered
into the contract with intent to injure or defraud his employer, and
unless his refusal to perform was with like intent, and without just
cause.”
In the present case the only witness examined to show the criminating
constituents o f the offense was the employer and prosecutor, who testi­
fied that the defendant, in November, 1896, entered into a contract in
writing to work for him as a farm laborer for the term of 12 months, and
for his services he promised to pay defendant $9 per month. A t the
time of entering into the contract he advanced the defendant the sum
o f $20, and the defendant worked for him under the contract for a
period of 7 months, when, without his consent, he abandoned the serv­
ice. Under the contract, on the expiration of each month, the defendant
became entitled to receive the monthly installment o f the wages the
employer had contracted to pay, and the right of action for the recov­
ery of each installment was perfect. In view of the relation of the par­
ties, the employer had the right to retain the wages until the money lie
had advanced was refunded. Refunding the money, or restoring other
property, with which the employer, by reason of the contract, was
induced to part, is a principal purpose the statute is intended to enforce.
When the money is refunded, or the property restored, the employer is
saved from injury or loss, and subsequent breaches of the contract must
be redressed by the pursuit of civil remedies. The rendition of service
by the defendant for a period more than sufficient to have repaid the
money advanced to him, takes away an essential ingredient of the
offense. The county court erred in the refusal of the instruction
requested by the defendant. The judgment is reversed, and the cause
remanded. The defendant will remain iu custody until discharged by
due course o f law. Reversed and remanded.
DECISIONS UNDER COMMON L AW .
A ssignm ent of F u t u r e W a g e s — G a r n ish m e n t —Harrison v.
Louisville and Nashville Railroad Co., 23 Southern Reporter,page 790.—
This was a suit in garnishment brought by George E. Harrison against
the above-named railroad company in the city court of Birmingham,
Ala. From a judgment in favor of the company the plaintiff appealed
to the supreme court o f the State, which rendered its decision June 16,
1898, and affirmed the judgment of the lower court.
The opinion o f the supreme court, delivered by Chief Justice Brickell,
contains a sufficient statement of the facts in the case and reads as
follows:
In a contest o f the answer o f a garnishee, admitting an indebtedness
of $4.29, it appeared, from an agreed statement o f facts and other tes­
timony in the case, that at the time of the service of the writ, May 28,
1895, the defendant was in the employ of the garnishee, the Louisville
and Nashville Railroad Company, as a switchman, and continued in its
service until June 30, 1895, earning during that period the sum of
$29.29, which was payable on the 14th of the next month. On June
30, 1895, while still in the employ of the garnishee, the defendant
bought from the Birmingham Mercantile Company goods to the amount
of $25, which sum garnishee withheld from the wages earned by defend­




DECISIONS OP COURTS AFFECTING LABOR.

889

ant during the above period, and paid to the Birmingham Mercantile
Company on July 14,1895, the regular pay day for the wages thus
earned. Previous to the service of the writ of garnishment the gar­
nishee had made an arrangement with the Birmingham Mercantile
Company by which it was agreed that in the event any of the switch­
men or brakemen employed by the garnishee should, during any month
while in its employment, purchase goods and provisions from said com­
pany, the garnishee would withhold from the earnings of said employee
during said month, and pay to said company on the regular pay day,
the amount due for the goods so purchased, not exceeding $25 per
month, provided the employee had earned that amount, which agree­
ment, which was in force during the whole of the year 1895, and up to
the time o f the trial, was to continue in force until further notice from
the garnishee. The defendant had knowledge of this agreement, and
had ratified its terms, previous to the suiug out of the garnishment in
this case. With respect to those of the employees of the garnishee
who ratified this agreement, its practical as well as legal effect was
that of an order on the garnishee, accepted by it, to pay to the mercan­
tile company, on the regular pay day, out of the future wages to be
earned by them, the amount of the account due said company for pro­
visions advanced during the preceding month, not exceeding $25. It
would authorize the mercantile company to maintain an action against
the garnishee for the recovery of the amount due on an account thus
incurred by the employee while the agreement was in force, and would
preclude any recovery by the employee, in an action of debt or indeb­
itatus assumpsit against the garnishee, of the wages earned by him,
except such as exceeded the sum of $25, or the amount of said account.
As to each of the employees who dealt with the mercantile company
wTith knowledge of the agreement, and acquiescence in its terms, it oper­
ated as an assignment each month to said company, made while in the
employ o f the garnishee, of the future wages to be earned by him during
the month, to the amount of $25, in consideration of the advances to be
made to him by the assignee. Such assignment of wages to be earned
in the future under an actual employment subsisting at the time of the
assignment, when made in good faith and for a valid consideration, has
universally been held to be valid, not only for the security and payment
of a present indebtedness, but for such advances as the assignor may
find it necessary to obtain, although his wages per month may vary,
and he maybe liable to removal at any time. (Wellborn i\ Buck (Ala.),
21 South., 786; 2 Am. & Eng. Enc. Law (2d ed.), 1031.)
The good faith of the parties to the agreement in making the same,
or of the defendant in ratifying it and acquiescing in its terms, or of
the mercantile company in furnishing the provisions to the defendant,
is not impeached by any evidence in the record. The mercantile comX>any is not shown to have had any notice of the garnishment at the
time it furnished the goods; and no duty devolved upon the garnishee
to give it such notice, or to discontinue the operation of the agreement,
as to this defendant, because of the garnishment. What would have
been the effect on the question presented if such notice had been given,
we do not now consider. Treating the agreement as, in effect, a valid
assignment of the defendants wages, the principle involved in the
question presented by the appeal does not differ from that considered
and determined at the last term in the case of Wellborn v. Buck, supra,
in which it was held that in a garnishment proceeding, in which the
garnishee had suggested a third person as a claimant of the wages
admitted to have been earned by the defendant, the claim was sus­



890

BULLETIN OF THE DEPARTMENT OF LABOR.

tained by proof that prior to tbe service of the garnishment writ the
garnishee had accepted an order given by the defendant, while in its
employ, authorizing it to pay to claimant, oat o f the future wages to
be earned, a sum not exceeding a certain amount, which order had been
given in consideration of advances to be made to the defendant by tbe
claimant The agreement in this case vested in the mercantile com­
pany the right to $25 o f the wages earned by the defendant, and the lien
of the garnishment, created by its service, did not, therefore, attach to
any except the excess of said wages over and^above that amount; and,
this sum having been paid into court, the garnishee was properly dis­
charged, and judgment for the costs was properly rendered against the
plaintiff. Affirmed.

E m p l o y e r s ’ L ia b il it y — C o n t r ib u t o r y N e g l ig e n c e — A ssu m p ­
R is k —Sims v. Lindsay et al.} SO Southeastern Reporter, page

tion of

19.—Action was brought by Carrie C. Sims against Robert Lindsay and
others, in the superior court o f Buncombe County, N. C., to recover dam­
ages for personal injuries sustained by her while in their employ. The
plaintiff was nonsuited, upon her own evidence, and appealed the case
to the supreme court of the State, which rendered its decision May 3.
1898, and reversed the judgment of the superior court.
The opinion o f the supreme court was delivered by Judge Clark, and
the following is,quoted therefrom:
The plaintiff, who sues by her next friend, was a girl 13 years o f age
at the time of the injury, whose hand was mashed in the rollers of a
mangle in a steam laundry, necessitating the amputation o f the fingers
o f the hand. It was in evidence that the defendant had admitted that
the accident was caused by the guard having been taken off, and that
he knew it was off that morning when the girl went to work.
The girl’s evidence did not prove her guilty of contributory negli­
gence. She said she thought this machine more dangerous than a for­
mer one she had worked at, which had a guard, but that nobody had
explained the machine to her, and she did not know that the guard was
necessary, nor that this machine had ever had a guard, and that she
had to put her fingers close up to the rollers to get the linen in. It is
not to be held, as a matter of law, that operatives must decline to work
at machines which maybe lacking in some of the improvements or safe­
guards they have seen upon other machines, under penalty o f losing all
claim for damages from defective machinery. It is the employer, not
the employee, who should be fixed with knowledge of defective appli­
ances, and held liable for injuries resulting from their use. It is only
where a machine is so grossly or clearly defective that the employee
must know of the extra risk that he can be deemed to have voluntarily
and knowingly assumed the risk. Where the line is to be drawn, must
depend largely upon the circumstances o f each case; but they must be
such as to show that the employee had full knowledge of the unusual
risk, and deliberately assumed it. Such a state o f facts was not con­
clusively shown by the plaintiff’s evidence in this case.



DECISIONS OF COURTS AFFECTING LABOR.

E m p l o y e r s ’ L ia b il it y — D u t y

o f th e

$91

E m p l o y e r — V ice P r in ­

Kansas City Gar and Foundry Go. v. Saw­
yer, 53 Pacific Reporter, page 90.—In tlie district court of Wyandotte
County, Kans., in a suit brought against the above-named company by
Reuben W . Sawyer to recover damages for injuries received by him
while in its employ, a judgment was rendered for the plaintiff, Sawyer.
The defendant company carried the case on writ of error before the
court of appeals of the State, which rendered its decision May 4,1898,
and affirmed the judgment of the lower court. The evidence showed
that Sawyer was injured by the fall of a scaffold upon which he was
working; that said scaffold had been erected under the direction of
one Girard, a boss carpenter in charge o f the carpenter work in build­
ing the defendant’s plant; that Sawyer had nothing to do in regard to
the erecting of the scaffold but simply went upon it to work when
ordered so to do by Girard, and that the scaffold fell on account of the
breaking of a weak and defective brace.
The opinion o f the court of appeals was delivered by Judge McElroy,
and the syllabus of the same, which was prepared by the court, reads
as follows:
It is the duty o f a master to furnish its employees with a reasonably
safe place at which to work, and if it delegates to another the duty of
selecting material or the building o f a scaffold, such delegated person
becomes a vice principal, for whose acts it is responsible. A servant
to whom the master intrusts the duty of selecting appliances for other
servants to work with is not their fellow-servant, so as to prevent lia­
bility o f the master to them tor injuries caused by his negligence in
performing that duty.
c ip a l — F e l l o w -Se e v a ist —

E m p l o y e r s ’ L ia b il it y — F e l l o w -Se r v a n t s — The Usnaerieve, 87
Federal Reporter, page 570.—This was a libel in rem brought against
the steamship Lisnaerieve by Mattee Grassa in the United States dis­
trict court for the eastern district of Kew York, claiming damages for
injuries received while working in the hold o f said vessel as a member
of a stevedore’s gang engaged in unloading a cargo of asphalt from said
vessel. The injury was caused by the negligence of the wineliman
operating the engine, by means of which large tubs of asphalt were
raised from the hold. The engine was a part of the equipment of the
vessel and the winchman was not a member of the stevedore’s gang
but was employed by the shipowners, although it was his duty to
answer the signals of the stevedore as to hoisting the cargo. The
injury was received in the following manner: A tub, drawn partially
toward, but not directly under, the open hatch, received the hook, and
the signal to start and go easily was given. Instead o f starting slowly,
the winchman started rapidly, causing the tub to swing into the hatch,
and oscillate from one side to the other in a dangerous manner, and so
as to strike against the casing about the boiler, or the coamings of the



892

BULLETIN OF THE DEPARTMENT OF LABOR.

hatch, or both. The gangwayman, seeing this condition, gave a signal
to stop, but the winchman did not stop, and thereupon the gangwayman gave three more shrill whistles, indicating that the winchman
should stop, but the tub was drawn up through the open hatchway.
While the tub was making this passage, one or more pieces o f asphalt
fell from it, striking the libelant, who was in the hold. The court
rendered its decision May 2,1898, finding for the libelant and allowing
him damages.
District Judge Thomas delivered the opinion, and in the course o f
the same used the language quoted below:
It is said that the winchman, although furnished by the shipowners,
was not at all under their charge or direction, but for the time was in
the service of the contracting stevedore, subject to his orders, and that
he Ehereby became a fellow-servant of the libelant, and that if, there­
fore, the accident happened from the negligence of the winchman, it
was the negligence o f a fellow-servant, for which neither the contract­
ing stevedore nor the shipowners would be liable.
The stevedore made his contract with the charterers, and it does not
appear who was to furnish engines for hoisting and men to operate the
same. The claimant contends that the stevedore stated that he could
not get a man to properly drive the winch, and that thereupon the ship
furnished the winchman in question. The day previous to the accident,
however, as the winches were otherwise in use, the ship employed a
floating engine and an engineer to do the same work, and bore the
expense thereof. This would seem to indicate some sense of obligation
on the part o f the shipowners to furnish the hoisting power. In any
case, the ship did undertake to do a certain portion of the work o f
unloading. Such an undertaking is not merely loaning a servant to the
stevedore. It is a cooperation on the part o f the ship in the work o f
unloading the cargo, precisely to the same extent as if two independent
stevedores had contracted for a division of labor in discharging the
cargo, one furnishing the tackle and hoisting power and the other fur­
nishing men and appliances for the remainder of the work. It does not
change this relation that the winchman was to run his winch, or stop
his winch, or graduate the speed thereof, as the stevedore’s servant
signaled him to do. Independent contractors and their servants are
often called upon to direct and advise each other in movements and
acts relating to the common work, and such often is the case between
the contractor and the person with whom the contract is made. The
fact that the servant of one o f the parties regulates his acts by the
actions o f the servants of the other does not make them coservants.
In the present case the winchman was a general servant of the ship.
He was put in charge o f the ship’s machinery, to perform a duty that
the ship had assumed the duty of performing. He went to his post of
duty, or left the same, by no command of the stevedore, but simply
because his master or his delegated agent so directed him. True, the
stevedore gave him a signal, and it was his duty to obey it; but this
duty sprang from no contract of hiring made by the winchman with the
stevedore, but purely or wholly from the relation o f master and servant
that existed between the winchman and the shipowners. When the
stevedore signaled him to hoist, he was at perfect liberty to disobey
this order, so far as the stevedore was concerned, and the stevedore
was helpless. Nay, if the stevedore had signaled him to hoist, and his




DECISIONS OP COURTS AFFECTING LABOR.

893

master had directed him not to hoist, te there any doubt to whom he
owed and would have rendered obedience? There is no lending of a
servant or subhiring o f a servant in this case. The master, in effect,
said to his servant: “ I have undertaken to furnish the power and
operators o f the power to hoist the cargo from the hold. The steve­
dore is engaged to do the remaining work. You will take charge of
the winch and operate it, cooperating, by means of signals, with the
stevedore’s servants.” The stevedore had not selected the winchman.
The shipowners chose him. The stevedore was obliged to take him or
no one. The ship alone had knowledge of his competency ; had alone
investigated or tested it. The ship placed or retained him in charge of
the winch. The stevedore could not send him to or from it. The
stevedore did not pay him, and could not discharge him.

E m p l o y e r s ’ L ia b il it y — F e l l o w -Se r v a n t s — The Anaees, 87 Fed­
eral Reporter, page 565.—Alexander McCullum filed his libel against
the British steamship Anaees in the United States district court for
the eastern district of North Carolina, claiming damages for injuries
received while working in the hold of said vessel as a member o f a
stevedore’s gang engaged in loading the ship with her cargo o f cotton.
Said injury was caused by the negligence o f the winchman in operating
the engine engaged in lowering the bales of cotton into the hold by
which several bales were allowed to fall, striking McCullum and seri­
ously injuring him. The engine was a part of the equipment of the
vessel while the winchman who operated it was a member of the steve­
dore’s gang but was placed in control of the engine by the captain of
the vessel. The court rendered its decision in the case May 12,1898,
and dismissed the libel on the ground, among others, that the libel was
insufficient in merely alleging negligence, for the reason that the negli­
gent act complained of was the act of a fellow-servant and that there­
fore the libel should have alleged that the man operating the winch was
incompetent, that his incompetency was known to the master of the
vessel, or might have been known to him by the exercise o f ordi­
nary care, and that the incompetence was the proximate cause of the
accident.
The opinion o f the court was delivered by District Judge Purnell,
and contains the following language:
The negligence complained of was that of a fellow-servant; and, in
order to recover against the master for the negligent act of a fellowservant, the employee must allege that the fellow-servant whose neg­
ligence caused the injury was incompetent, and that the master had
knowledge of such incompetency, or by the exercise of reasonable care
could have known of it. The winchman and libelant were fellowservants, and the vessel is not liable unless there was some negligent
act or failure of duty on the part of the owner or his legal representa­
tive. The [regular] winchman was one of the crew, but the man at the
winch at the time of the injury was a common laborer, like the libelant.
I f he was a fellow-servant—even the master himself, or one he had




894

BULLETIN OF THE DEPARTMENT OF LABOR.

placed there—the ship would not be liable. The libelant could only
recover against the vessel or the owner by alleging and proving (a) that
the servant operating the winch was incompetent; (b) that such in com-*
petency was known to the master, or by the exercise o f reasonable care
might have been known to him; (c) that the incompetence—not the
occasional carelessness—o f the servant directly contributed to, and
w as the proximate cause of, the accident. It is not sufficient to allege
merely that au act was negligently done. There is no presumption of
negligence^ but the burden is on the libelant.

E m p l o y e r s ’ L ia b il it y — M a l p r a c t ic e of P h y s ic ia n E m p lo ye d
R a il r o a d C o m p a n y , e t c .—Southern Pacific Go. v. Mauldin et al.f

by

46 Southwestern Reporter, page 650.—This action was brought by Joseph
C. Mauldin against the above-named railroad company in the district
court of Harris County, Tex., to recover damages for injuries received
while in the employ of said company. The train on which he was
engineer was derailed, said derailment being caused by an open switch,
and his hip was dislocated. Being treated*by an incompetent physi­
cian, furnished by the railroad company, the dislocation was diagnosed
as a strain o f the muscles, and when its true nature was discovered,
upon his being removed to the company’s hospital at Houston, it was
too late to reduce the dislocation and he was rendered a cripple for life.
The company, while calling in a local physician for immediate treat­
ment, was anxious to remove him to their hospital at once, but he
refused to go until too late, and preferred to, and did, remain under the
care of the physician first called to attend him for three weeks, when
it was too late to help him. A judgment was rendered for the plaintiff’
in the district court on the sole ground that the defendant company was
liable for the results of the incompetency of the physician it had called
in to attend him. The railroad company carried the case on writ of
error to the court of civil appeals of the State, which rendered its
decision May 12,1898, and reversed the decision of the lower court,
The opinion of the court of civil appeals was delivered by Judge
Pleasants, and the syllabus of the same reads as follows:
1. A railroad company, which contracts to furnish its employees
medical service in case of accident, is not liable for damages resulting
to an employee by his being treated for sprained muscles instead o f a
dislocated hip; the servants of the company having used ordinary care
in calling the physician they did at the time he was injured, and he
having refused to go to the company’s hospital for treatment, though
requested, and though it was the rule that all injured should be taken
there as soon as practicable.
2. A railroad company, by retaining a portion of the monthly wages
o f each employee for medical services, obligates itself to furnish such
services as are practicable and reasonable, to each of them, when sick
or injured.




DECISIONS OF COURTS AFFECTING LABOR.

895

E m p l o y e e s ’ L ia b il it y — N e g l ig e n c e of E m p l o y e r — A p p l ic a ­
F e l l o w -Se r v a n t R u l e — Jenson v. Great Northern Bailway

tion of

Go., 75 Northwestern Reporter, page 3.—This case was brought before
the supreme court o f Minnesota on an appeal from the district court of
Ottertail County, where a judgment had been rendered in favor of the
above-named railway company in a suit brought against it by one
Christopher Jenson to recover damages for injuries sustained by him
while in its employ. The plaintiff, Jenson, alleged that he was injured
through the negligence of an incompetent servant. The supreme court
rendered its decision May 3, 1898, and reversed the decision of the
lower court.
The opinion was delivered by Chief Justice Start, and from the
syllabus o f the same, which was prepared by the court, the following
is quoted:
While a servant impliedly assumes the risk o f negligence by his
fellow-servants, yet he does not assume any risk on account of the
negligenceof the master, which is unknown to him; hence the fellowservant rule has no application to a case where the master is negligent
in employing or retaining in his service a careless and incompetent
servant, who by his negligence injures his coservant, who has no notice
o f his character.

E m p l o y e r s ’ L ia b i l it y — R a il r o a d C om panies — A ssu m ption of
R isk b y E m p l o y e e — F e l l o w -Se r v a n t s — Missouri Pacific Railway

Go. v. Lyons, 75 Northicestern Reporter, page 31.—An action brought by
Mary Lyons, administratrix of the estate of George Lyons, deceased,
against the above-named railway company, to recover damages for the
death of said Lyons caused by an accident while he was employed by
the company, was heard in the district court of Douglas County, Nebr.,
and a judgment was rendered for the plaintiff. The defendant com­
pany carried the case on writ of error to the supreme court of the State,
which rendered its decision April 21,1898, and reversed the judgment
of the lower court. The evidence showed that on June 11,1893, two
shifting engines and crews were at work in the yard of defendant
company at Omaha, Nebr.; that Lyons, a member of one of the crews,
was injured by the negligence of a member or of members of the other
crew, and died from the effects of said injury soon after it was received.
The opinion of the supreme court was announced by Judges Norval
and Ragan, and the syllabus of the same, prepared by the court, reads
as follows:
1. Evidence examined, and held to sustain the jury’s finding that the
death of plaintiff’s intestate was not caused by his negligence.
2. When one enters the employment of another, agreeing to serve
him for a stipulated salary or wage, he thereby assumes, in the absence
of an express contract to the contrary, the ordinary perils incident
to that service, and included in these is the liability to injury at the
hands o f a negligent fellow-servant.



896

BULLETIN OF THE DEPARTMENT OF LABOR.

3. The general rule is that where a master is not guilty of negligence
in the selection or retention of servants, or in furnishing them with
suitable appliances for the performance o f the work in which he employs
them, he is not answerable to one of them for an injury caused by the
negligence of a fellow-servant while both are engaged in the same work
in the same department of the master’s business.
4. Where two switching crews are in the employ of the same rail­
way company, subject to the control and direction of the same yardmaster, no member o f either of said crews having any right of control
or direction over any member of the other crew, both crews simulta­
neously engaged in switching the same cars from one part to another
of the same switch yard, then the two crews and the members thereof
are consociated in the same department o f duty or line of employment,
and each member o f one crew is the fellow-servant of each member of
the other crew.
E m p l o y e r s ’ L ia b i l it y — K a il r o a d C o m panies — C o n tr act for
T r a n sp o r t a tio n of E m p l o y e e s — E f f e c t on E ig h t s of E m ­
p l o y e e s — Chamberlain v. Pierson, 87 Federal Reporter, page 420.—

This action was brought by one Pierson, an express messenger in the
employ o f the Southern Express Co., against one Chamberlain, the
receiver of the South Carolina Railway Co., to recover damages for
injuries sustained by him while traveling on a train o f the said railway
company in the performance of his duty as an employee of the abovenamed express company. One of the defenses set up by the railway
company was that an agreement had been made between the railway
company and the express company to the effect that all the employees
of the express company who traveled on the trains of the railway com­
pany in the course o f their employment as such employees should be
transported at their own risk and that hence the plaintiff had no cause
of action. A t the trial of the case in the United States circuit court
for the district o f South Carolina a judgment was rendered for the
plaintiff, Pierson, and the case was appealed by the receiver to the
United States circuit court of appeals for the fourth circuit, which
rendered its decision May 17,1898, and affirmed the judgment of the
lower court, holding that the plaintiff, having no knowledge of the
agreement or contract between the companies, was not bound thereby.
The opinion o f the circuit court of appeals was delivered by District
Judge Paul, and the following language is quoted therefrom:
The second, third, fifth, sixth, aud seventh assignments o f error will
be considered together. They are all made upon the theory that Pier­
son, the plaintiff in the court below, was bound by the contract between
the railroad company and the express company; that he was on the
railroad train by virtue of the contract; that by said contract he was
regarded as an employee of the defendant, the railroad company; and
that by said contract he was accorded free transportation at his own
risk. The position taken by counsel for the railroad company, and
insisted upon in the instructions asked on behalf of the company, was
that the plaintiff was not entitled to recover, even though tbe evidence
showed that the injury which he suffered was caused by the negligence



DECISIONS OP COURTS AFFECTING LABOR.

897

o f an agent o f the defendant, who was not a fellow-servant o f the plain­
tiff. The learned judge of the trial court held (what we regard as a
correct announcement of the law) that, if the plaintiff was injured by
reason of the negligence of the boss track minder and his gang, the
railroad company was responsible to him, whether he was regarded as
a passenger, or was bound by the contract between the two companies,
or was an employee of the railroad company; that the boss track
minder and his gang were not fellow-servants of the plaintiff, if he was
to be treated as an employee of the railroad company; and that their
negligence was not one of the risks he assumed, if he assumed any
risks. The discussion of this feature of the case presents the question:
Was the plaintiff below, as a messenger o f the express company, bound
by the contract between the railroad company and the express com­
pany to assume all risks to life and limb to which he was exposed in
performing his duties on the train, as an express messenger? He was
not a party to the contract, never ratified it, and in his testimony,
when asked if he knew of this provision of the contract, “ ‘ that the
said parties o f the first part hereby recognize as its employees all offi­
cers, agents, and servants of the second part,’ etc., and you were
accorded free transportation at your own risk?” answered, “ I f I had
known that, I wouldn’t have gone.” The authorities cited by defend­
ant’s couusel to sustain the contention that the plaintiff was bound by
the contract between the railroad and the express company are based
on the theory that the party affected by the contract had knowledge of
its provisions, and acquiesced in its terms.
The view o f the trial judge was that notwithstanding the plaintiff,
under the contract between the railroad company and the express
company, should be considered an employee of the railroad company,
and accorded free transportation at his own risk, yet the railroad com­
pany was liable if the injury to the plaintiff was caused by the negli­
gence of an agent of the defendant who was not a fellow-servant of the
plaintiff. That the plaintiff, an express messenger, was not a fellowservant of the track minder and those under him, is not questioned. I f
it be conceded, as claimed by the railroad company, that the contract
between it and the express company accorded the plaintiff free trans­
portation at his own risk, yet it is well established that such a contract
will not relieve the railroad from responsibility for an injury resulting
from the negligence of its agents. One of the earliest decisions of the
Supreme Court on this question is Eailroad Co. v. Derby, 14 How., 467.
In this case the plaintiff below was president of another company and
a stockholder in the road on wThich he was riding. He was on the road
by invitation of the president o f the company—not in the usual passen­
ger cars, but on a small locomotive car used for the convenience of the
officers o f the company—and paid no fare for his transportation. The
railroad company defended on the ground that no cause of action can
arise to any person by reason of the occurrence of an unintentional
injury while he is receiving acts of kindness which spring from mere
social relations, and as there was no contract between the parties,
express or implied, the law would raise no duty as between them, for the
neglect o f which an action can be sustained. The Supreme Court said:
“ The liability o f the defendants below for the negligent and injurious
act of their servant is not necessarily founded on any contract or priv­
ity between parties, nor affected by any social relation, or otherwise,
which they bore to each other.”
Eailroad Co. v. Lockwood, 17 Wall., 357, is a leading case on this sub­
ject, The court there held: “ (1) That a common carrier can not lawfully
7443—No. 19-----8



898

BULLETIN OF THE DEPARTMENT OF LABOR.

stipulate for exemption from responsibility, wlien such exemption is not
just in the eye o f the law. (2) That it is not just and reasonable, in
the eye o f the law, for a common carrier to stipulate for exemption from
responsibility for the negligence of himself or his servants. (3) That
these rules apply both to carriers o f goods and carriers o f passengers
for hire, and with a special force to the latter. (4) That a drover travel­
ing on a pass, such as was given in this case, for the purpose of taking
eare of his stock on the train, is a passenger for hire.”
In Waterbary r. Railroad Co., 17 Fed., 671, the doctrine is thus stated
(syllabus); “ The right which a passenger by railway has to be carried
safely does not depend on his having made a contract, but the fact of
his being there creates a duty on the part o f the company to carry him
safely. It suffices to enable him to maintain an action for negligence
if he was being carried by the railroad company voluntarily, although
gratuitously, and as a matter of favor to him.”
The principles recognized in the cases we have cited, and in numer­
ous other decisions, were correctly applied by the judge who presided
in the court below. The plaintiff, Pierson, as an express messenger,
was rightfully on the train of the defendant, in the performance of
duties which the railroad company had, by its contract with the express
company, agreed that he should perform, and which, the contract states,
were “ for the mutual benefit and account of the parties thereto.”
Whatever his relation to the railroad company—whether that of a pas­
senger or employee—he had a right to maintain an action for any
injuries he suffered by reason o f the negligence of the defendant com­
pany, its agents and servants. We find no error in the rulings of the
court below, and the judgment of that court is affirmed.

E m p l o y e r s ’ L ia b i l it y — R a il r o a d C o m pan ies — D u t ie s of t h e
E m p l o y e r — D e f e c t iv e A pp l ia n c e s — N e g l ig e n c e — Bussey u.

Charleston and Western Carolina Baihvay Company, 30 Southeastern
Reporter, page 477.—The plaintiff, Bussey, an employee of the abovenamed railway company, was injured, as he claimed, on account of the
negligence o f said company in furnishing unsafe appliances. He sued
the company for damages, and on trial in the common pleas circuit
court of Edgefield County, S. C., a judgment was rendered in his favor.
The railway company appealed the case to the supreme court of the
State, which rendered its decision June 29,1898, and affirmed the judg­
ment of the lower court.
Several interesting points of law as laid down by the court in its
decision are given below in the language used by Judge Gary, who
delivered the opinion of the court:
The third exception imputes error as follows, to w it; “ (3) In charging
the jury, at one portion o f his charge, in connection with the defend­
ant’s ninth request, as follows; i That the plaintiff was in the employ
of this railroad company for certain purposes, and he must exercise, as
any prudent man must, his faculties for ascertaining and determining
whether there is danger, and whether it is necessary—whether he is
required by the obligation of his contract—to incur that danger; and,
if lie is not so required, if the jury are satisfied that he is not required



DECISIONS OF COURTS AFFECTING LAROIl.

899

to incur tlie danger, and still, in disregard either of his own Knowledge
of tlie danger or the warning of others,, he still remains in the place of
danger,, then that constitutes negligence on his part; and so I charge
you that proposition/ And at another time in charging, as requested
by the plaintiff, as follows: ‘ The law places the duty on the master, and
not on the servant, to exercise due care and diligence to ascertain
whether the appliances furnished are safe and suitable. And a servant
Iras the right to assume, without inquiry or without examination, that
the appliances furnished him are safe and suitable/ The effect of these
eonflietinginstruetionsbeingtoleavetbe jury indoubt, and uninstructed,
as to whether the plaintiff, under the circumstances of this case, was
bound to exercise any care in determining whether it would be safe for
him to act as he did act at the time o f the accident/'
It will be observed that the only error o f which this exception com­
plains is that the effect o f the two instructions was to leave the jury
in doubt, and uninstructed, as to whether the plaintiff was bound to
exercise any care m determining whether it was safe for him to act as
he did at the time o f the accident. When the language contained in
the first quotation set forth in the exception is analyzed, it will be seen
(1) that the plaintiff was required to exercise ordinary care in deter­
mining whether there was danger; (2) that he was required to exercise
ordinary care in determining whether it was necessary, under the obli­
gations o f Ms contract, to incur that danger; and (3) that if, in disre­
gard either o f Ms own knowledge of the danger, or the warning of
others, he still remained in the place of danger, then that would con­
stitute negligence on his part. BTc* only did the presiding judge charge
the jury as to the care which the plaintiff was bound to exercise under
the circumstances, but he charged the law too favorably to the defend­
ant. It is the duty of the master to provide suitable machinery and
appliances, and to keep them in proper repair. The employee has the
right to assume that the master has discharged his duty in this respect,
and is not bound to exercise care in ascertaining whether the master
has so acted. When, however, the employee has knowledge or receives
warning that the master has not famished suitable machinery, or that
it has not been kept in proper repair, so that it has become dangerous,
and he continues to use the same after such knowledge or warning,
then it is a question to be determined by the jury whether, under the
circumstances, the employee failed to exercise ordinary care and pru­
dence, and was thereby guilty of negligence. The circuit judge is only
allowed to charge that there is negligence on the part of the employee
when but one inference can be drawn from the conduct o f the employee.
In all other cases the question of negligence is to be determined by the
jury. In this case more than one inference could reasonably be drawn
from the testimony, and the presiding judge charged too favorably to
the defendant, in saying that the facts mentioned in the exception, if
found to be true, would constitute negligence. Inferences to be drawn
from the facts are ordinarily for the consideration of the jury. The
instructions mentioned in the exceptions relate to distinct principles,
and are not inconsistent.
Tlie sixth exception alleges error as follows: “ (6) In charging the
jury as follows: ‘ WMle it is true that a servant who enters the employ­
ment of another assumes the ordinary risks of business, this would not
include the risks o f working with unsafe appliances; for the master is
bound to supply his servants with sound and safe appliances, and to
keep the same in sound and safe condition;? thus instructing the jury,
in effect, that the master was bound in law to guaranty the soundness



900

BULLETIN OP THE DEPARTMENT OP LABOR.

and saiety of all machinery he furnishes his employees. And this
instruction to the jury, defendant submits, is further erroneous in that
it did not take into consideration latent defects in machinery, but was
calculated to lead the jury to believe that so far as any defects in
machinery are concerned, whether patent or latent, an employee takes
no risk with reference thereto.” The charge stated in general terms a
correct proposition of law, and, if the defendant desired that the pre­
siding judge should have charged more specifically, it had the right to
present requests to that effect. Furthermore, when this part of the
charge is considered in connection with the other parts of the charge it
will be seen that the presiding judge did not, in effect, instruct the
jury that the master was bound in law to guaranty the soundness and
safety of the machinery furnished an employee.
The seventh exception complains of error as follows: “ (7) In charg­
ing the jury, as requested in the ninth request, that the constitution o f
1895 enlarged the rights of the employees of railroad companies to
recover for injuries, as therein stated, and in defining such request to
the jury as he did.” The ninth request is as follows: “ (9) That the
constitution of this State o f 1895 has enlarged the rights of an employee
o f a railroad corporation as to his remedies for any injury suffered by
him from the acts or omissions of said corporation or its employees, and
he now has the same right to recover for an injury as other persons not
employees have, when the injury results from negligence of a superior
agent or officer o f the corporation, or o f a person having a right to
control or direct the services o f a party injured; and if the jury find
from the evidence that the plaintiff was injured while in the service of
the defendant, and that at such time he was working under the direc­
tion of a servant of the defendant who had the right to control or
direct the services of the plaintiff, and that the injury to the plaintiff
resulted from the negligence of such servant of the defendant, then
the plaintiff would be entitled to recover.” His honor said: “ I charge
you that. It means that if the negligence of this superintendent, and
his agents, of this railway company caused the injury, that was negli­
gence of the railway company itself. The principal is liable for the
negligence o f his agent in the course o f his employment.” Waiving
the objection to the exception on the ground that it is too general tor
consideration, we see no error in the ruling of the presiding judge.
The eighth exception alleges error as follows: “ (8) In charging as
requested in the tenth request, and thus making it obligatory on the
jury to include the matters therein mentioned, in assessing plaintiff’s
damage.” The tenth request is as follows: “ (10) I f the jury find for
the plaintiff, then he would be entitled to recover for all actual damages
which he has sustained, and this would include loss o f time, nurses, as
well as for bodily pain and anguish of mind induced by the hurt, and
all damages, present and prospective, which are naturally the proximate
consequences of the act done and the injuries received, not only present
loss, or that which has already occurred, from the incapacity of the
injured party to attend to his ordinary pursuits, and expenses which
he has incurred for other necessary outlays, but as only one action can
be brought, and only one recovery had, it is proper to include in the
estimate of damages compensation for whatever it may be reasonably
certain will result from future incapacity in consequence of his injury.
So, also, his loss of capacity for work or attention to his ordinary busi­
ness must be included, whether it be physical or mental, present or
prospective.” Waiving the objection to this exception on the ground
that it is too general, we see no error in the charge.



DECISIONS OF COURTS AFFECTING LABOR.

901

E m p l o y e r s ’ L i a b i l it y — B a il r o a d C o m p a n ie s — V io l a t io n of
B u l b s — V ic e P r in c ip a l s —Louisville, New Albany and Chicago Bail­

way Co. v. Heck, 50 Northeastern Reporter, page 988.—This action was
brought by Abraham V. Heck, administrator of one Aaron Heck,
deceased, against the above-named railway company, to recover dam­
ages for injuries resulting in the death of said deceased incurred while
he was in the employ of said company. The evidence showed that
Aaron Heck was the fireman of a pile driver carried about on one of the
cars of a work train; that said train was run into by another, an extra
freight, and he was so injured that he died, and that the cause o f the
accident was due to the negligence of a train dispatcher in sending
orders to the trains and not complying with some of the rules of the
company. After a trial in the circuit court of Carroll County, Ind., a
judgment was rendered for the plaintiff and the defendant company
appealed to the supreme court of the State, which rendered its decision
June 17,1898, and affirmed the judgment of the lower court.
The opinion of the supreme court was delivered by Judge McCabe,
and the following, quoted therefrom, shows the most interesting part
of the decision :
The system of rules adopted by a master for the conduct of a com­
plicated business, such as operating a railroad, and when brought to
the knowledge of the employee, form a part of the contract of hiring,
and become binding on both master and servant. The violation thereof,
to the injury of the servant by the master, is as much an act of negli­
gence as if the servant violates them. Here one of appellant’s own
regulations wisely provided that, “ when an order has been given to
work between designated points, no other extra must be authorized to
run over that part of the track without provision for passing the work
train.” But an order was given by the appellant to the extra freight,
in violation of this provision, to ruu over the working limits designated
in the order to the work train, without any provision for passing the
work train. But it may be insisted that the appellant did not know,
at the time the order to the work train was given in the morniug, that
the necessity of sending out the extra freight in the afternoon would
arise. I f that be so, then another provision of appellant’s regulations
provided for such a contingency, as follows: “ When the movement of
an extra train over the working limits can not be anticipated by these
or other orders to the work train, an order must be given to such extra
to protect itself against the work train in the following form: (e) Extra
76 will protect itself against work train extra 95 between Lyons and
Paris.” But it is not claimed or pretended that this order was complied
with. On the contrary, it clearly appears that both of these regula­
tions were violated in sending out the extra freight. Another regula­
tion applicable to the conditions shown to exist by the verdict requires
that, “ when an extra receives orders to run over working limits, it
must be advised that the work train is within those limits by adding
to example ‘ a ’ the words: <(g) Engine 292 is working as an extra
between Berne and Turin.’ A train receiving this order must run
expecting to find the work train within the limits named.” This regu­
lation was left totally uncomplied with, and was violated by the appel­




902

BULLETIN OF THE DEPARTMENT OF LABOR.

lant in sending oufc the extra freight. These several violations o f its
own rules* established by appellant presumably for the security and
safety o f its employees, as well as the protection of its own property,
was negligence on appellant's part and was a proximate cause o f ana
without which the collision and death resulting therefrom would not
have occurred.
The question still remains whether the negligent act of the train dis­
patcher in sending out the extra freight with a wrong order, and with­
out a proper order, was the act o f the superintendent. I f the attempt
here was to hold the superintendent personally liable for the negligence
o f the train dispatcher, we should have a very different question. But
that is not the case* It is sought to hold the master liable because* by
its rules, it made the train dispatcher’s act the act and order of its
superintendent or vice principal. By those rules it gave such act all the
force, vigor, and effect as to its employees as if the train dispatcher’s
act was actually the act o f its superintendent. Under such circum­
stances, it would hardly seem consistent for the master to turn around
after such act brings fatal consequences, and say to the same employees
that “ the acts of the train dispatcher were not in fact the acts o f the
superintendent, though my rules said they were.” But assuming, as
appellants'learned counsel do, that the train dispatcher’s acts were not
those o f the division superintendent, it does not follow, as they contend,
that the negligence o f the train dispatcher was the negligence o f a
fellow-servant with the decedent, thereby defeating a recovery. A s
was said in Kailway Co. tv Snyder, 140 Ind., at page 053, 39 IT. E., 914:
“ Where the duty is one owing by the master, and he intrusts it to the
performance o f a servant or agent, the negligence of such servant or
agent is the negligence o f the master. A s the master is charged with
the duty o f providing safe and suitable appliances, if lie intrusts such
duty to an employee, such employee becomes a vice principal, and his
negligence in such matter is the negligence of the master. The rule
which absolves the master from liability on account of the negligence
o f a fellow-servant has no application.”
I f there are any duties devolving upon a railroad employee, servant,
or agent, from the president down, more sacredly and imperatively due
from employer to employees than others, we can think of none more
imperative or more sacred than the duty to so order the running o f
trains in a complicated system o f freight and passenger transportation
both ways over a single track railroad, as was the case here, with numer­
ous extra trains* as that collisions between opposing trains, entailing
such fearful loss o f life, limb, and property, may be avoided. Ko duty
that the company can owe to its servants can be higher or more impera­
tive than this*, and this was the duty and power that the appellant had
delegated to its train dispatcher to do and perform in the name of its,
superintendent. Whether the failure to properly discharge this duty
was the negligence o f the train dispatcher or superintendent can make
no difference, because in either case it was a duty the master owed, and
hence the failure and neglect was the master's failure and neglect, to
the injury o f its servant.
W e are safe in saying that the overwhelming weight of judicial opin­
ion is that a train dispatcher, charged with the duties and clothed with
the powers that the one now in question was, is not a fellow-servant
with trainmen in the employ o f the railroad company, but is a vice
principal, for whose negligence the company is liable. And, that being
in harmony with principles of law long established in this court, we are




DECISIONS OF COUNTS AFFECTING LABOR.

<J03

of opinion tliat tlie train dispatcher in this case being charged with the
performance o f duties the master owed to its other servants, its train­
men, he was not a fellow-servant with them, but acted for and in the
place o f the appellant company, and was a vice principal. The judg­
ment is affirmed.




LAW S OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE
JANUARY 1, 1896.
[The Second Special Report of the Department contains ail laws of the various States and Territo­
ries and of the united States relating to labor in force January 1, 1896. Later enactments are
reproduced in successive issues of the Bulletin from time to time as published.]

M ASSACHUSETTS.
ACTS OF 1898.
C h a p t e r 150.— F actories and workshops— Tenement houses— Sweating system .
Se c t io n 1. Section fo r ty -fo u r o f chapter five h un dred and eig h t o f th e a cts o f th e
year eighteen hun dred ana n in ety-fou r is h ereby am ended b y strik in g o u t the w hole
o f said section an d in sertin g in pla ce th ereof the fo llo w in g :
Se c t io n 44. No room or apartment in any tenement or dwelling house shall be
used for the purpose o f making, altering, repairing or finishing therein any coats,
vests, trousers or wearing apparel of any description whatsoever, except by the
members of the family dwelling therein, and any family desiring to do the work of
making, altering, repairing or finishing any coats, vests, trousers or wearing apparel
o f any description whatsoever in any room or apartment in any tenement or dwell­
ing house shall first procure a license, approved by the chief of the district police,
to do such work as aforesaid. A license may be applied for by and issued to any one
member of any family desiring to do such work. No person, partnership or corpora­
tion, .shall hire, employ or contract with any member o f a family not holding a
license therefor, to make, alter, repair or finish any garments or articles o f wearing
apparel as aforesaid, in any room or apartment in any tenement or dwelling house
as aforesaid. Every room or apartment in which any garments or articles of wear­
ing apparel are made, altered, repaired or finished, shall be kept in a cleanly condi­
tion and shall be subject to the inspection and examination o f the inspectors o f the
district police, for the purpose o f ascertaining whether said garments or articles of
wearing apparel or any part or parts thereof are clean and free from vermin and
every matter of an infectious or contagious nature. A room or apartment in any
tenement or dwelling house which is not used for living or sleeping purposes, and
which is not connected with any room or apartment used for living or sleeping pur­
poses, and which has a separate and distinct entrance from the outside, shall not be
subject to the provisions of this act. Nor shall anything in this act be so construed
as to prevent the employment of a tailor or seamstress by any person or family for
the making o f wearing apparel for such person's or family's use.
S e c . 2. Section fo rty -fiv e o f said ch a pter is h ereb y am ended b y s trik in g ou t th e
w h o le o f said section and in sertin g in p la ce th e r e o f th e f o llo w in g :
Se c t io n 45. I f said inspector finds evidence o f infectious disease present in any
workshop or in any room or apartment in any tenement or dwelling house in which
any garments or articles o f wearing apparel are made, altered or repaired, or in
goods manufactured or in the process o f manufacture therein, he shall report the same
to the chief o f the district police, who shall then notify the local board o f health to
examine said workshop or any room or apartment in any tenement or dwelling house
in which any garments or articles o f wearing apparel are made, altered or repaired,
and the materials used therein; and i f said board shall find said workshop or tene­
ment or dwelling house in an unhealthy condition, or the clot hing and materials used
therein unfit for use, said board shall issue such order or orders as the public safety
may require.
S e c . 3. Section forty-seven o f said chapter is hereby amended by striking out the
whole o f said section and inserting in place thereof the follow ing:
S e c t io n 47. Whoever sells or exposes for sale any coats, vests, trousers or any wear­
ing apparel o f any description whatsoever which have been made in a tenement or
dwelling house in which the family dwelling therein has not procured a license, as
specified in section forty-four o f this act, shall have affixed to each o f said garments
a tag or label not less than two inches in length and one inch in width, upon which
shall be legibly printed or written the words “ tenement m ade," and the name o f the
State and the town or city where said garment or garments were made.
Se c . 4. All acts or parts o f acts inconsistent herewith are hereby repealed.
Approved March 9, 1898.

904




LABOR LAWS— MASSACHUSETTS— ACTS OF 1898.

905

C h a p t e r 230,— B e l ie f o f destitute shipwrecked seamen.
Se c t io n 1. A city or town may furnish transportation to destitute shipwrecked
seamen from one place to another in this Commonwealth, and such other assistance
as the authorities of such city or town deem necessary, not exceeding the amount of
ten dollars for each person, while awaiting such transportation. A detailed state­
ment of expenses so incurred shall he rendered, and, after approval by the State
board o f lunacy and charity, such expenses shall be paid out o f the treasury of the
Commonwealth from the appropriation for the temporary support o f State paupers,
without reference to such seamen’s legal settlement.
S e c . 2. This act shall take effect upon its passage.
Approved March 25, 1898.
C h a p t e r 307.— Convict labor— R eform a tory.
Se c t io n 1. Section thirty-two of chapter two hundred and fifty-five of the acts of
the year eighteen hundred and eighty-four is hereby amended by striking out in the
third and fourth lines, after the word “ Commonwealth,” the words “ in the town of
Concord,” and by striking out the word “ land,” in the fourth line, and inserting in
place thereof the words “ lands or buildings,” so as to read as follows: S e c t io n 32.
Prisoners confined in said reformatory may be employed, in the custody o f an officer,
upon any lands or buildings owned by the Commonwealth, and whoever escapes from
said lands or buildings shall be deemed to have escaped from said reformatory.
S e c . 2. This act shall take effect upon its passage.
Approved April 12, 1898.
C h a p t e r 334.— Convict labor.
Se c t io n 1. It shall be the duty of the general superintendent of prisons to cause
to be produced, as far as possible, in the State prison, the reformatories, the State
farm, and the jails and houses of correction, articles and materials used in the several
public institutions of the Commonwealth and of the counties thereof.
Se c . 2. The principal officers o f the penal institutions named herein shall send to
the general superintendent, at such times and in such form as he shall prescribe,
full reports concerning the labor o f prisoners; and he shall from time to time send to
the principal officers of all the public institutions named in section one a list of such
articles and materials as can be produced by the labor of prisoners, together with a
form of requisition for the use o f such officers, as hereinafter provided.
S ec . 3. Whenever articles or materials included in said list are needed in any one
o f said public institutions the principal officer thereof shall make requisition there­
for upon said general superintendent, who shall immediately notify said officer as to
all the prisons where the required goods are produced; and said officer shall then
purchase said goods from such o f the designated places as he shall select: Provided ,
That if the articles or materials are not on hand and are needed for immediate use
the said general superintendent shall at once certify to said principal officer that the
requisition can not be filled; and in that case said articles or materials may be pur­
chased elsewhere.
Sec . 4. The said general superintendent shall also furnish said list to the auditor
of the Commonwealth and to the auditing and disbursing officers o f each county.
No. bill for articles or materials named in said list, purchased otherwise than from
a prison, shall be allowed or paid unless it is accompanied by a certificate from said
general superintendent that they could not be supplied upon requisition as aforesaid.
Se c . 5. The auditor o f the Commonwealth, the controller of county accounts, and
the general superintendent o f prisons, shall constitute a board to determine the
price o f all articles or materials manufactured and sold under this act. The prices
shall be uniform and shall conform as nearly as may be to the usual market price of
like goods manufactured in other'places. The actual and necessary expenses incurred
by the members o f said board in the performance o f their duties under this act shall
be allowed and paid to them out of the appropriation for incidental and contingent
expenses o f the general superintendent o f prisons, but they shall receive no com­
pensation for their services hereunder.
Se c . 6. T h e said general superintendent m ay expend n ot exceed in g eig h t hundred
dollars, in a d d ition to th e sum n ow authorized, for clerica l assistance and other
expenses in ca rry in g ou t the p rovision s o f th is act.
Approved April 14, 1898.
C h a p t e r 365.— Convict labor.
Se c t io n 1. The general superintendent o f prisons may cause the prisoners in any
ja il or house of correction to be employed within the precincts o f the prison in pre­




906

BULLETIN OP THE DEPARTMENT OF LABOR.

paring material for road m aking; but no machine operated otherwise m a n b y hand
or foot power shall be used in connection with such employment.
S e c . 2. Upon the request o f said general superintendent the Massachusetts high­
way commission shall give to him such information and instructions as will enable
him to direct said employment in a manner that w ill furnish material suitable and
proper for road building.
S e c . 3. Any material prepared as herein authorized may be sold to county com­
missioners or to city and town officers having the care o f public roads; and all said
material not thus sold shall be purchased by said Massachusetts highway commis­
sion, at such price as they shall decide to be fair and reasonable, for use on State
highways: P rovided , however, That the general superintendent of prisons may cause
any o f said prisoners to be employed upon material furnished by said highway com­
mission, who shall then pay for the labor o f preparation such price as may be agreed
upon by said superintendent and said commission.
S e c . 4. The expenses o f employing prisoners under this act shall be paid from the
county treasury, in the same manner as expenses o f maintaining industries in the
jails and houses of correction are now paid. Payment for material sold or for labor
performed hereunder shall be made to the principal officer o f the prison where the
material is prepared; and all moneys received under this act shall be paid into the
county treasury in the manner now provided by law in respect to other receipts
from the labor o f prisoners.
S e c . 5. This act shall take effect upon its passage.
Approved April 22, 1898.
Ch a p t e r

367s— H a l f

holidays f o r pu b lic em ployees.

Se c t io n 1. Tho city council o f a city and the board o f selectmen o f a town may,
in their discretion, provide that the employees o f such city or town shall be allowed
one half holiday in each week, without loss o f pay, during such portions of the
year as said city council or selectmen may determine.
S e c . 2. The heads o f departments o f the Commonwealth shall have the same power
in respect to granting a half holiday to persons employed in their respective depart­
ments which is conferred by this act upon city councils and selectmen; and the county
commissioners o f each county shall have the same power in respect to county
employees.
Se c . 3. The term u employees,” as used in this act, shall include laborers, mechan­
ics, and all other classes o f workmen.
S e c . 4. This act shall take effect upon its passage.
Approved April 22, 1898.
C h a p t e r 393.— Convict labor.
S e c t io n 1. The governor and council may purchase or otherwise take in fee any
parcel o f waste and unused land, not exceeding one thousand acres in area, for the
purpose o f reclaiming, improving and disposing o f said land for the benefit o f the
Commonwealth.
Se c . 4. As soon as may be after any land is taken as aforesaid tho general super­
intendent o f prisons, with the approval o f the governor and council, shall cause to
be erected on said land iron buildings o f cheap construction, suitable for the accom­
modation o f not exceeding one hundred prisoners.
S e c . 5. W h en th e sa id b u ild in g s are ready fo r o ccu p a n cy th e g overn or m ay issue
h is p roclam a tion estab lish in g on said la n d a tem porary in du stria l cam p fo r
p rison ers; * * *.
S e c . 7. When said camp is established and organized as aforesaid the commis­
sioners o f prisons may remove prisoners thereto from tho jails and houses o f cor­
rection in the same manner that such prisoners are now removed to the State
farm; * * *.
S e c . 8. Prisoners h e ld a t sa id cam p sh all b e em p loyed in recla im in g an d im p rov ­
in g sa id la n d and in prep a rin g b y h an d la b or m aterial fo r roa d b u ild in g . * * *.
S e c . 10. Any land reclaimed or improved as aforesaid may be devoted to the use
of the Commonwealth, or it may be disposed o f by the governor and council at
public or private sale. Any road material prepared as aforesaid may be sold by tho
superintendent o f said camp, with the approval o f the general superintendent of
prisons, to the authorities o f tho Commonwealth or o f any county, city or town.
Se c . 11. This act shall take effect upon its passage.
Approved April 29, 1898.
C h a p t e r 402.— Investigation o f Sunday labor by bureau o f statistics o f labor.
S e c t io n 1. Tho bureau o f statistics of labor is hereby directed to investigate the
subject of Sunday labor in this Commonwealth, with respect to tho number of per­
sons employed, tne conditions o f employment, and other facts relating thereto.




LABOR LAWS— MASSACHUSETTS— ACTS OF 1898.

907

S e c . 2. Tlie said bureau shall incorporate in its annual report to the legislature the
results of the investigation authorized by this act, and the sum of three thousand
dollars shall be paid out o f the treasury o f the Commonwealth for the pnrposo of
carrying out the provisions of this act, to be expended under the direction o f the
chief of said bureau.
S e c . 3. This act shall take effect upon its passage.
Approved May 10, 1898.

Chapter 481 .-—P a ym en t o f wages.
Se c t io n 1. Section one o f chapter four hundred and thirty-eight o f the acts of the
year eighteen hundred and ninety-five, as amended by chapter three hundred and
thirty-four o f the acts o f the year eighteen hundred and ninety-six, Is hereby amended
by striking out the words “ and having more than twenty-five employees/7in the sev­
enth and eighth lines, so as to read as follows: S e c t io n 1. Sections fifty-one to fiftyfour, inclusive, o f chapter five hundred and eight o f the acts of the year eighteen
hundred and ninety-four, relative to the weekly payment o f wages by corporations,
shall apply to all contractors and to any person or partnership engaged in this Com­
monwealth in any manufacturing business. And the word “ corporation/7 as used
in said sections, shall include such contractors, persons and partnerships.
S e c t io n 2. This act shall take effect upon its passage.
Approved June 1, 1898.
C h a p t e r 494.— E m ploym en t o f children.
Se c t io n 1. No child under fourteen years of age shall be employed in any factory,
workshop or mercantile establishment. No such child shall be employed in any
work performed for wages or other compensation, to whomsoever payable, during
the hours when the public schools o f the town or city in which he resides are in
session, nor be employed at any work before the hour of six o’clock in the morning
or after the honr of seven o’clock in the evening.
Se c . 2. No child under sixteen years o f ago shall be en^loyed in any factory,
workshop or mercantile establishment unless the person or corporation employing
him procures and keeps on file and accessible to the truant officers of the town or
city, and to the district police and inspectors o f factories, an age and schooling cer­
tificate as hereinafter prescribed, and keeps two complete lists o f all such children
employed therein, one on file and one conspicuously posted near the principal
entrance o f the building in which such children are employed, and also keeps on file
a complete list, and sends to the superintendent of schools, or, where there Is no
superintendent, to the school committee, the names of all minors employed therein
who can not read at sight and write legibly simple sentences in the English
language.
S e c . 8. An age and schooling certificate shall he approved only by the superin­
tendent o f schools or by a person authorized by him in writing, or, where there is
no superintendent o f schools, by a person authorized by the school committee: P r o ­
vided, That no member o f a school committee or other person authorized as aforesaid
shall have authority to approve such certificate for any child then in or about to
enter bis own employment, or the employment of a firm or corporation o f which lie
is a member, officer or employee. The person approving the certificate shall have
authority to administer the oath provided for therein, but no fee shall be charged
therefor.
S e c . 4. An age and schooling certificate shall not be approved unless satisfactory
evidence is furnished by the last school census, the certificate of birth or baptism of
such child, the register o f birth o f such child with a town or city clerk, or in some
other manner, that such child is of the age stated in the certificate.
S e c . 5. The age and schooling certificate o f a child under sixteen years of age
shall not be approved and signed until he presents to the person authorized to
approve and sign the same an employment ticket as hereinafter prescribed, duly
filled out and signed. A duplicate o f each age and schooling certificate shall be
filled out and shall be kept on file by the school committee. Any explanatory
matter may be printed with such certificate in the discretion o f the school committee
or superintendent o f schools. The employment ticket and the age and schooling
certificate shall be separately printed, and shall be filled out, signed, and held or
surrendered, as indicated in the following forms:
E m p l o y m e n t T ic k e t , L a w s

of

1898.

When [name of child]
, height [feet and inches]
, complexion [fair or
dark]
, hair [color]
, presents an age and schooling certificate duly signed,
I intend to employ [him or her]
(Signature o f intending employer or agent.)
(Town or city and date.)




908

BULLETIN OP THE DEPARTMENT OF LABOR.
A ge

and

S c h o o l in g C e r t i f i c a t e , L a w s

of

1898.

This certifies that I am the [father, mother, guardian or custodian]
of [name
of child]
, and that [he or she]
was born at [name of town or city]
in the county or [name of county, i f known]
, and State [or country] o f
,
on the [day and year o f birth]
, and is now [number of years and months]
old.
(Signature o f father, mother, guardian or custodian.)
(Town or city and date.)
Then personally appeared before me the above-named [name of person signing]
, and made oath that the foregoing certificate by [him or her]
signed is
true to the best o f [his or her]
knowledge and belief. I hereby approve the
foregoing certificate o f [name o f child]
, height [feet and inches]
, com­
plexion [fair or dark]
, hair [color]
, having no sufficient reason to doubt
that [he or she]
is o f the age therein certified. I hereby certify that [he or
she]
[can or can not]
read at sight and [can or can not]
write legi­
bly simple sentences in the English language.
This certificate belongs to [name o f child in whose behalf it is drawn]
, and
is to be surrendered to [him or her]
whenever [he or she]
leaves the serv­
ice o f the corporation or employer holding the same; but i f not claimed by said
child within thirty days from such time it shall be returned to the superintendent
o f schools, or, where there is no superintendent o f schools, to the school committee.
(Signature o f person authorized to approve and sign, with official character
or authority.)
(Town or city and date.)
In the case o f a child who can not read at sight and write legibly simple sentences
in the English language the certificate shall continue as follows, after the word
“ language:”
I hereby certify that [he or she]
is regularly attending the [name]
public evening school. This certificate shall continue in force only so long as the
regular attendance of said child at the evening school is indorsed weekly by a teacher
thereof.
S e c . 6. Whoever employs a child under sixteen years of age, and whoever having
under his control a child under such age permits such child to be employed, in viola­
tion o f section one or two of this act, shall for such offense be fined not more than fifty
dollars; and whoever continues to employ any child in violation of either o f said
sections of this act after being notified by a truant officer or an inspector o f factories
thereof, shall for every day thereafter that such employment continues be fined not
less than five nor more than twenty dollars. A failure to produce to a truant officer
or inspector o f factories any age or schooling certificate or list required by this act
shall be prima facie evidence of the illegal employment o f any person whose ago and
schooling certificate is not produced or whose name is not so listed. Any corporation
or employer retaining any age and schooling certificate in violation o f section five o f
this act shall be fined ten dollars. Every person authorized to sign the certificate
prescribed by section five o f this act who knowingly certifies to any materially false
statement therein shall be fined not more than fifty dollars.
S e c . 7. N o person shall employ any minor over fourteen years of age, and no par­
ent, guardian or custodian shall permit to be employed any such minor under his
control, who can not read at sight and write legibly simple sentences in the English
language, while a public evening school is maintained in the town or city in which
such minor resides, unless such minor is a regular attendant at such evening school
or at a day school: P rovided , That upon presentation by such minor o f a certificate
signed by a regular practicing physician, and satisfactory to the superintendent o f
schools, or, where there is no superintendent o f schools, the school committee, show­
ing that the physical condition o f such minor would render such attendance in addi­
tion to daily labor prejudicial to his health, said superintendent of schools or school
committee shall issue a permit authorizing the employment o f such minor for such
period as said superintendent o f schools or school committee may determine. Said
superintendent o f schools or school committee, or teachers acting under authority
thereof, may excuse any absence from such evening school arising from justifiable
cause. Any person who employs a minor in violation of the provisions o f this sec­
tion shall forfeit for each offense not more than one hundred dollars for the use o f the
evening schools o f such town or city. Any parent, guardian or custodian who per­
mits to be employed any minor under his control in violation of the provisions of
this section shall forfeit not more than twenty dollars for the use of the evening
schools o f such town or city.
S e c . 8. Truant officers may visit the factories, workshops and mercantile estab­
lishments in their several towns and cities and ascertain whether any minors are
employed therein contrary to the provisions o f this act, and they shall report any




LABOR LAWS— MASSACHUSETTS— ACTS OP 1898.

909

cases o f such illegal employment to the school committee and to the chief o f the
district police, or to the inspector o f factories for the district. Inspectors o f factories
and truant officers may require that the age and schooling certificates and lists pro­
vided for in this act, o f minors employed in such factories, workshops or mercantile
establishments, shall be produced for their inspection. Complaints for offenses
under this act shall be brought by inspectors o f factories.
Se c . 9. Sections th irteen , fourteen, sixteen to tw en ty -fiv e in clusive, sixty-seven ,
sixty-n in e and seven ty o f ch a pter five hun dred and e ig h t o f the acts o f th e year
eigh teen h un dred an d nin ety-fou r, and a ll oth er acts an d parts o f acts in con sistent
h erew ith , are h e re b y repealed.
S e c . 10. This act shall take effect on the first day o f September in the year eighteen
hundred and ninety-eight.
Approved June 2 , 1898.
C h a p t e r 496.— M an u al training in p u b lic schools , and p en a lty f o r em ploying children
u nlaw fully absent f r o m school .
S e c t io n 1. * * * Manual training * * * may be taught in the public
schools.
Se c . 4. E v e ry to w n and c ity o f tw e n ty thou san d or m ore in habitan ts sh all m ain­
tain as pa rt o f b o th its elem entary and its h ig h sch ool system th e tea ch in g o f m anual
train in g.
Sec. 31. * * * Any person who * * * employs * * * while school is
in session any child absent unlawfully from school, shall forfeit and pay a fine of not
more than fifty dollars.
Sec . 36. * * * Sections one * * * o f chapter forty-four * * * o f the
Public Statutes; * * * chapter four hundred and seventy-one, and sections one
* * * o f chapter four hundred and ninety-eight o f the acts of the year eighteen
hundred and ninety-four; * * * are hereby repealed.
Sec . 37. This act shall take effect on the first day of September in the year eight­
een hundred and ninety-eight.
Approved June 2, 1898.
C h a p t e r 505.— Deductions in wages o f women and children prohibited.
Se c t io n 1. No deductions shall be made in the wages of women and minors who
are paid by the day or hour, employed in manufacturing or mechanical establish­
ments, for time during which the machinery is stopped, i f said women and minors
were refused the privilege o f leaving the mill while the damage to said machinery
was being repaired; ancl none o f the employees referred to in this section shall be
compelled to make up time lost through the breaking down o f machinery unless said
employees are compensated at their regular rates o f wages: P rovid ed, That said
employees have been detained within their workrooms during the time o f such break
down.
Sec. 2. Any person, corporation, officer or agent who violates the provisions of
this act shall be punished by fine not exceeding twenty dollars for each offense.
Approved June 6, 1898.

Chapter 548.— Protection

o f employees as voters— Tim e to rote to be allow ed .

Se c t io n 5. No person entitled to vote at a State election shall, upon the day of
any such election, be employed in any manufacturing, mechanical or mercantile
establishment, except such as may lawfully conduct its business on Sunday, during
the period o f two hours after the opening of thf polls in the voting precinct or town
in which he is entitled to vote, i f he shall make application for leave o f absence
during such period.
Se c . 409. An owner, superintendent or overseer in any manufacturing, mechanical
or mercantile establishment, except such as may lawfully conduct its business on
Sunday, who employs or permits to be employed therein any person entitled to vote
at a State election, during the period o f two hours after the opening o f the polls in
the voting precinct or town in which such person is entitled to vote i f he shall
make application for leave o f absence during such period, shall be punished by fine
not exceeding one hundred dollars.
Se c . 410. W h oever, b y th reaten in g to discharge a person from h is em ploym ent or
to reduce his w ages, or b y prom isin g to g iv e him em p loym ent a t h igh er w ages,
attem pts to influence a v o te r to g iv e or to w ith h old his vote at an election , or w hoever,
becau se o f th e g iv in g or w ith h old in g o f a v o te at an election , disch arges a person
from his em ploym ent or reduces his w ages, shall b e pu nish ed b y im prisonm ent in ja il
n o t e x ceed in g one year.




910

BULLETIN OP THE DEPARTMENT OF LABOR.

Se c , 418. Chapters four hundred and seventeen * * * o f the acts of the year
eighteen hundred and ninety-three; chapters * * * two hundred and nine
* * * o f the acts of th e y ear eighteen hundred and ninety four; * * * and
all other acts and parts of acts inconsistent herewith, are hereby repealed.
Approved June 21,1808.

Chapter 577.— Loans

secured h y mortgages o f p erson a l p r o p er ty which is exempt fr o m
attachm ent o r dy assignments erf wages.

Section 1. No person, corporation or copartnership engaged in the business o f
maldng loans shall make any loan secured by mortgage or pledge o f household fur­
niture or other personal property exempt from attachment, or by assignment o f
wages for personal service, for less than two hundred dollars and at a rate o f inter­
est greater than twelve per cent, without first having obtained a license for carry­
ing on such business in the city or town in which suck business i s transacted. 3 aeh
licenses may he granted by the board ©£ police o f the city o f Boston in and for said
city, by the mayor and aldermen o f any other city in and for such city, and by the
selectmen of any town in and for such town.
Sec . 2. No such license shall be granted until the applicant or applicants therefor
shall file with the beard authorized to grant the same a statement verified by oath,
which in ease o f a corporation may be the oath o f the president thereof or the agent
thereof in charge o f such business, setting forth the place in the city or town where
the business is? to bo carried on, the name or names, and the private and business
address or addresses o f the applicant or applicants, and, in ease o f a corporation,
the State under the laws o f which it is organized, and the name or names and pri­
vate address or addresses o f the clerk or secretary and the agent or other officer hav­
ing charge o f its proposed business, nor until the applicant or applicants shall,
unless excused by the board authorized to grant the license, file with said board a
power o f attorney appointing some person satisfactory to the board to be his, their
or its attorney, upon whom all lawful processes may be served in any action or
proceeding arising under this act, with the same effect as i f served upon such
applicant or applicants appointing such attorney. I f any change occurs in the name
or address o f any licensee, or o f the clerk, secretary or agent aforesaid o f auy
licensed corporation, or in the place where the licensed business is carried on, or in
the membership o f any copartnership licensed, a true and full statement o f such
change, sworn to in the manner required above in the case o f the original state­
ment, shall forthwith he filed with the hoard granting the license. The hoard o f
officers granting any such license shall have full power to revoke the same for cause
at any time after hearing.
S e c . 3. No license shall be issued unless or until the licensee or licensees named
therein shall file with the treasurer o f the city or town in which the business is to
be carried on, a bond in a penal sum to be fixed by the licensing board, executed to
said treasurer b y said licensee or licensees, and b y a surety or sureties, to be
approved by a licensing board, which bond shall bo conditioned for the faithful per­
formance by the licensee or licensees, o f the duties and obligations pertaining to the
business so licensed, and the prompt payment o f any final judgment recovered against
the licensee or licensees, or for the iiayment o f which any individual of the licensees
may be legally hound under or by virtue o f this act: Provided, hotvever, That no suit
at law or in equity shall he commenced or prosecuted against said sureties or either
of them on any such bond until after thirty days from the time final judgment shall
have been rendered against said licensee or licensees; but in any case at law or in
equity under the provisions o f this act against the licensee or licensees, when it shall
he made to appear that the plaintiff is entitled to judgment or decree except for
proceedings in bankruptcy or insolvency, or the discharge therein, o f the licensee4 or
licensees, the court may at any time, on motion, enter a special judgment or decree
for the plaintiff for the amount o f his debt, damages and costs, or for such other
relief as he may be entitled to, and such bond shall be conditioned for the payment
of such special judgment and compliance with such decree. Any person or persons
aggrieved bv a breach o f the condition of such bond may sue and recover judgment
upon such bond at his or their own expense and in his or their own behalf, hut in
the name o f the obligee j and i f any judgment for the defendant or defendants, for
costs, shall be entered, execution therefor shall issue against the person or persons
for whose benefit the suit is brought, as i f he or they were the plaintiff or plaintiffs
o f record, hut not against the obligee. In such suit like proceedings shall he had as
in a suit by a creditor on an administration bond. The board issuing the license
may afc any time require the licensee or licensees to file one or more additional bonds
o f like nature and with like effect, and to give full information as to all judgments
recovered on, or suits pending on, his or their bonds, at any time. On failure to file
any such bond required the license shall be revoked.




LABOR LAWS— MASSACHUSETTS— ACTS OF 1898.

D ll

Sec . 4. In the case of any loan to which the provisions o f this act app.y, a sum
not exceeding4 two dollars if the loan does not exceed twenty-five dollars, not
exceeding* ten dollars i f the* loan exceeds one hundred dollars, not exceeding three
dollars i f the loon exceeds twenty-five dollars but does not exceed fifty dollars,, and
not exceeding: five dollars if the loan exceeds fifty dollars hut does not exceed one
hundred dollars, m ay, i f both parties to the loan so agree, be paid b y the borrower
or borrowers or added to the debt, and taken by the lender as the expense o f making
and securing the loan, and such sum shall not be counted as part o f the interest o f
such loan. ^No greater sum than as above specified shall be taken for such purpose,
and any sum paid, promised or taken in excess of such sum shall be deemed to be
taken as interest and shall bo so considered for the purposes o f this aet.
Sec. 5. The board of officers granting licenses in any city or town as provided in
this act shall from tim e to time establish such rule* and regulations with reference
to the business carried on by the parties so licensed and the rate o f interest to be
charged by them as shall seem to said board to bo necessary and proper. Said board
in fixing said rate shall have due regard to the amount of the loan and the time for
which ifc is made; and no person or party so licensed shall hereafter charge or receive
upon any lean a greater rate of interest than that fixed by the board by which his
license was issued.
Se c . 6. W hen any greater rate of interest or amount for expenses than is allowed
under the provisions o f this act has been paid upon any loan to which the provisions
of this act apply the party paying the same may either by an action o f contract or
suit in equity recover back the amount o f the unlawful interest with twice the legal
costs, and no more, provided that the action or suit for the recovery o f unlawful
interest or expenses shall be brought within two years from the time o f payment.
Se c . 7. In case any loan to which the provisions o f this act apply is secured by
mortgage or pledge o f personal property or by an assignment of wages the mort­
gage shall he discharged, the pledge restored, or the assignment released, upon pay­
ment or tender of the sum legally due under the provisions of this act, and such
payment or tender may he made by the debtor, by any person duly authorized by
him, or by any person having an interest in the property mortgaged or pledged or
in the wages assigned. Whoever refuses or neglects, after request, to discharge a
mortgage, release an assignment, or restore a pledge to the party entitled to receive
tho same, after payment o f the debt secured thereby or the tender of the amount
due thereon as aforesaid, shall he liable in an action of tort to the borrower or bor­
rowers for all damages thereby resulting to him or them.
Sec . 8. No mortgage or pledge of personal property or assignment of wages to
which the provisions o f this aet apply shall he valid unless it states, with substan­
tial accuracy, the actual amount of the loan, the time for which the loan is made,
the rate o f interest to be paid, and the expense for making and securing the loan;
nor unless it contains a provision that the debtor shall he notified, in tho manner
provided in section seven of chapter one hundred and ninety-two o f the Public
Statutes, of the time and place o f any sale to be made in foreclosure proceedings at
least seven days before such sale. And no notice o f intention to foreclose under
sections seven or ten o f said chapter shall bo valid in such case, unless it expressly
states where such notice is to be recorded and that the right of redemption will he
foreclosed sixty days after such recording. A t any time after twenty days from the
date of any such mortgage i f the same has not been recorded the holder thereof
shall forthwith on demand and payment or tender of one dollar, give to the mort­
gager, or any person interested in the mortgaged property, a copy of the mortgage
ana note or obligation secured thereby, which such holder or holders shall certify
to be a true copy thereof.
Se c . 9. Whenever any payment is made on account of any loan to which the pro­
visions of this act apply the person receiving the payment or his principal shall,
when the payment is taken, give the person paying, a receipt setting forth tho
amount then paid and the amount previously paid, and identifying the loan, note,
mortgage or assignment to which it is to he applied.
Sec . 10. Any person or persons not being duly licensed as provided in this act
who, on his or their own account, or on account o f any other person or persons,
copartnership or corporation not so licensed, shall engage in or carry on, directly or
indirectly, either separately or in connection with or as part o f any other business,
the business o f making loans to which the provisions of this act apply, shall he pun­
ished by a fine o f not more than three hundred dollars, or by imprisonment in the
house of correction not more than sixty days, or by both such fine and imprisonment.
Sec . 11. Chapter three hundred and eighty-eight of tho acts o f the year eighteen
hundred and eighty-eight and chapter four hundred and twenty-eight o f the acts of
the year eighteen hundred and ninety-two, shall not apply to any loan o f less than
two hundred dollars made by any person holding a license under this act, nor shall
this act affect any right o f action which has accrued under either of said acts prior
to the passage of this act. Nothing in this act shall he construed to apply to licensed




912

BULLETIN OP THE DEPARTMENT OP LABOR.

pawnbrokers, or to repeal or affect section thirty-four o f chapter one hundred and
two, or section six o f chapter one hundred and ninety-two o f the Public Statutes,
chapter four hundred and ninety-seven o f the acts o f the year eighteen hundred and
ninety-five, chapter one hundred and eighty-three o f the acts o f the year eighteen
hundred and ninety-six, or so much of section three o f chapter seventy-seven o f the
Public Statutes as provides that when there is no agreement for a different rate the
interest of money shall be at the rate o f six dollars upon each hundred dollars for a
year.
Sec . 12. This act shall take effect on the first day o f September in the year eighteen
hundred and ninety-eight.
Approved June 23, 1898.

Resolves — Chapter 78.— B ureau

o f statistics o f lab or— Investigation o f labor and
cooperative insurance .

Resolved , That the bureau of statistics o f labor is hereby instructed to make an
investigation into the subject-matter o f labor and cooperative insurance and profit
sharing, whereby provision is made to secure to employees either a share o f the profit,
or sick and mortuary benefits, as well as annuities, alter a certain period o f employ­
ment, or after reaching a certain age, and report to the general court as soon as
convenient such data and statistics as it may be able to obtain in this country as
well as abroad, with such comments or suggestions as may be deemed advisable.
The expenses o f such investigation, which shall not exceed the sum o f one thousand
dollars, shall be paid from the treasury o f the Commonwealth.
Approved April 22, 1898.




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

The following contracts have been made by the office of the Super­
vising Architect of the Treasury:
B ro ck to n , M ass .—October 1,1898. Contract with Mcllvain, Uukefer Company, Pittsburg, Pa., for the construction of post-office, except
heating apparatus and electric-wire conduits, $42,353. Work to be
completed within twelve months.
S t . A l b a n s , V t .—October 10,1898. Contract with Huey Brothers,
Boston, Mass., for low-pressure, return-circulation, steam-heating and
ventilating apparatus for custom-house and post-office, $4,000. Work
to be completed within sixty-five working days.
B oise , I d a h o .—November 1,1898. Contract with Finegan & East­
man for excavation, foundation, stone work of basement exterior walls,
etc., for public building, $8,243.95. Work to be completed within four
months.
P h il a d e l p h ia , P a .—November 5,1898. Contract with Chas. McCaul for superstructure (except interior finish) including certain piers,
interior walls, etc., in basement, and constructive steel work of floors,
roofs, etc., for new mint, $441,743. Work to be completed within
eighteen months.
7443—No. 19----- 9




013

IN D EX OF LABOR LAW S PUBLISHED IN NOR 1 TO 19 OF THE
BULLETIN OF THE DEPARTMENT OF LABOR
[In Yols. I and n (Nos. 1 to 7 and 8 to 13) of tlie Bulletin the laws relating to labor were indexed
simply by States. In the index herewith presented there is included a subject-matter analysis
not only of the labor laws contained in this volume but also of the laws found in Yols. I and II.
This establishes for the Bulletin an indexing of these laws uniform with that used In the second
edition of the Second Special Report of the Department (Labor Laws of the United States). This
uniformity will be continued in future volumes of the Bulletin.]
Bulletin.
No.

15




No. Page.

of future wages—
*|Assignment
California.................................... .

A

Accidents in factories—
Indiana........................................ i i ;
538
New Y o rk ....................................
. 267
Pennsylvania............................. .
278
Accidents in mines—
Indiana......................................... 11 !
544
Kansas........................................... 13 |
829
Maryland...................................... 18 l 762, 763
New Y o rk ................... .............. . 15 1
270
495
North Carolina............................. 16 1
Utah..............................................
8 |
110
Agriculture, labor, and industry,
bureau of—
834
Montana....................................... 13 |
Aliens, employment of (see Employ­
| |
ment of aliens).
|
Anthracite coal miners, examina­
j
tion, registration, etc., of—
Pennsylvania............................... i 15
286
Antitrust act—Exception in favor
of laborers—
Nebraska...................................... 15
257
Appeals, joint, in suits of labor
claimants—
Pennsylvania............................... 15
282
Applicants for labor, registration
of—
Massachusetts.......................... .. 14
134
Arbitration and conciliation, board
of—
W isconsin.................................... 17
661
Arbitration and mediation, board
of—
571
New York...................................... 15
Arbitration, board of (see Board of
arbitration).
Arbitration, boards of—
United States............................... 18 783-786
Arbitration, labor, and conciliation,
board of—
U tah..............................................
2
219
Utah..............................................
8 106-108
Arbitration of labor disputes—
Colorado........................................ 14
120
Idaho ............................................. 12 682-684
Indiana......................................... 11 541-544
New York...................................... 15
271
Ohio................................................ 7 807,808
U tah..............................................
2
219
U tah..............................................
8 106-108
661
W isconsin.................................... 17
United States............................... 18 783-786
Assignment, etc., of claims to avoid
effect of exemption laws as re­
gards wages, unlawful—
7 808,809
Virginia.........................................
778
Virginia......................................... 18

914

Bulletin.

Page. |

Maine........................ .................. .
New Jersey.................................
'
New Y o r k ....................................
1 Assignments of wages, loans secured
ertv which is exempt from at­
tachment, or by—
Massachusetts.............................
Attachment, loans secured by mort­
gages of personal property
wilich is exempt from, or by
assignments of wages—
Massachusetts.............................
Attorneys’ fee3 in suits for wages—
Utah..............................................
Attorneys’ fees on foreclosure of
mechanics’ liens—
Utah........... ..................................

12
12

9

15

680
685
233
260

19

910-912

19

910-912

8

104

8

108

15

282

15

251-253

14
14
13
12
8

122
125
826,827
685
219
104

14
7

131
806

;

Badges of labor organizations—
Pennsylvania________________ _
Bake shops, regulation, inspection,
etc., of (see Regulation, in­
spection, etc., of bake shops).
: Barbers, examination, licensing,
etc., of—
Minnesota___________ ______ __
• Blacklisting—
j
Colorado________________ _____
!
fJonneetieiit,............ .....................
I
Tfanana . . . .
. . . ____
Oklahoma......................................
U tah...............................................
U tah ...............................................
| Blowers for emery wheels in facto­
ries—
!
Illinois...........................................
i
Ohio................................................
Board of arbitration—
Colorado.......................................
Idaho..........................................
Indiana.........................................
Ohio................................................
Board of arbitration and concilia­
tion—
W isconsin____________________
! Board of arbitration and mediation—
New York_____________________
Board of labor, conciliation, and ar­
bitration—
Utah...............................................
U tah...............................................
Boards of arbitration—
United States...............................

2

14

120,121

11
7

541-544
807,808

17

661

15

271

2
8

219
106-108

18

783-786

12 682-684

915

INDEX OF LABOR LAWS,

Bulletin.

Bulletin.
No.

Boilers, steam, etc., inspection of
(see Inspection of steam boil­
ers, etc.).
Boycotting—
122
Colorado........................................ 14
541
Indiana......................................... 11
Buildings, protection of laborers
on—
•09
New York...................................... 8
New York...................................... 15 260,261,
276
Bulletin of the Department of La­
bor, statistics of certain cities
to be published in the—
786
United states............................... 18
Bureau of agriculture, labor, and
industry—
834
Montana....................................... 13
Bureau of labor—
255
Nebraska...................................... 15
New York...................................... 15 261,262
Washington.................................. 16 500,501
Bureau of labor and industrial sta­
tistics—
Virginia......................................... 18 778,779
Bureau of labor statistics—
Iow a............................................. . 7 800-802
Bureau of mines—
Pennsylvania............................... . 15 284-286
Bureau of statistics of labor—
Massachusetts............................. 19 906,912
Bureaus, employment, free public
(see Free public employment
bureaus).
C

Carriers, common, intoxication of
employees of—
New Y o r k ................................
Checks, scrip, etc., for wages, issue
and redemption of—
Michigan.......................................
Children, employment of (see Em­
ployment of children).
Children unlawfully absent from
school, penalty for employing—
Massachusetts..............................
Children, women and, deduction
from wages of, prohibited—
Massachusetts................. ...........
Chinese immigration to the Hawaiian
Islands prohibited—
United States...............................
Cities, employment of laborers b y Massachusetts..............................
Cities, statistics of certain, to bepub­
lished in the Bulletin of the
Department of Labor—
United States.............. . ................
Citizens to be preferred in public
employment—
New York......................................
Civil service commission—
Massachusetts......................... .
Claims, assignment, etc., of, to
avoid effect of exemption laws
as regards wages, unlawful—
Virginia.................................
Virginia.........................................
Coal at mines, weighing of (see
Weighing of coal at mines).
Coal miners, anthracite, examina­
tion, registration, etc., of—
Pennsylvania...............................
Coal mines—
Alabama.......................................
Colorado........................................
Illinois...........................................
Indiana.........................................

8

91

14

139

19

908,909

19

9C9

18

787

7

803

18

786

15

260

14

134

7
18

808,809
778

15

286

12 675-679
122
14
14
132
H 540,544546
Iow a.............................................. 18 779,780
Kansas........................................... 33 827-829




No.j Page.

Page.
Coal mines—Concluded.

Maryland__________ ____________
M issouri_______________________
North Carolina________ _________
Pennsylvania________ __________

U tah..............................................
U ta h ______ _____________________

W ashington..................................
W est V irginia.............................
Collection of statistics—
V irginia......................................

18
13
16
15
8
16
16
16

762-765
832
493-496
286
109-111
497,498
502-504
506,507

18

778
501

"Washington........................... ......... 16

Commission, civil service—
Massachusetts................................
Commission, labor—
Indiana.............................................
Commissioner of labor—
Virginia ............... ............... .
Washington....................................
United States.................. ..............
Commissioner of labor statistics—
New Y ork ........................................
Common carriers, intoxication of
employees of—
New York......................................
Competent men to be employed on
street railways—
W ashington.................................
Conciliation board of arbitration
and—
W isconsin....................................
Conciliation, labor, and arbitration,
board of—
Utah.......................... ...................
Utah..............................................
Contracts, violation of, by laborers—
South Carolina.............................
Convict labor—
Arkansas ......................................
Colorado.......................................
Georgia.........................................
Indiana.........................................
Kentucky......................................
Massachusetts.............................
Massachusetts.............................
Minnesota...................................
Nebraska......................................
New York......................................
New York......................................
North Carolina............................
North Dakota...............................
Pennsylvania...............................
South Carolina.............................
Tennessee......................................
U tah..............................................
Utah..............................................
Convict-made goods—
New York......................................
New York......................................
W isconsin...................................
Convict-made goods, foreign, impor­
tation of, prohibited—
United States............................. .
Cooperative insurance and labor,
investigation of—
Massachusetts............................

14

134

11

541-544

18
16
18

778
500
783

15 261-263,
276

8

91

16

500

17

661

2

8

21ft

106-108

15

289

14
14
17
11
18
14
19
15
15
8
18
16
16
15
3
15

118,119
121
658,659
546
780
134,135
905,906
250
256
94-96
781,782
493
497
284
333
291,293
219
108

2

8

8
15 263,264,
276
17
17

663

19

912

D
Death, right of action for injuries
resulting i n 2
Utah..................... -.......................
Deduction from wages of women
and children prohibited—
Massachusetts............................. 19
Department of L ab orUnited States ............................... 18
Department of Labor, statistics of
certain cities to be published
in the Bulletin of the—
United States............................... 18

219
909
783,786

786

916

BULLETIN OP THE DEPARTMENT OF LABOR.

Destitute shipwrecked seamen, re­
lief of—
Discharge of laborers for neglect—
Salt springs law—

Bulletin.

Bulletin.

No. Page.

No. Page.

19

905

15

258

E
Earnings of married women—

8
__T____ ____ 18
Maryland
Emery wheels in factories, blowers
for (see Blowers for emery
wheels in factories).
Employees, female, seats for (see
Seats for female employees).
Employees, intimidation of (tee In­
timidation of employees).
Employees of common carriers, in­
toxication oi—
New York...................................... 8
Employees of railroads in hands of
Federal receivers, right of, to
be heard in court—
18
Employees, protection of, as mem­
bers o f labor unions (see Pro­
tection of employees, as mem­
bers of labor unions).
Employees, protection of, as voters
(tee Protection of employees
as voters).
Employees, public, half holidays

91
771

19

906

, Massachusetts.............................
Employees, railroad, protection of
(see Protection of railroad em­
ployees).
Employees,soliciting of money from,
by mine officials, unlawful—
Pennsylvania..............................
Employees, street railway (see Street
railway employees).
Employees, street railway, protec­
tion of—Inclosed platforms
(tee Protection of street rail­
way employees—Inclosed plat­
forms).
Employers’ liability—
Towa_________ . . . . . . . . ________
Ms ssachn setts________________
Mississippi..................... ...... ........
M ississippi....................................
M issouri_____________ _____ __
North Carolina.............................
North Carolina................. ...........
South C a rolin a......................
Texas_____________ ___________
Employing children unlawfully ab­
sent from school, penalty for—
Massachusetts............
Employment bureaus, free public
(see Free public employment
bureaus).
Employment of aliens—
Idaho.......................... ..................
Pennsylvania...............................
Employment of children—
Alabama.______________________
Illinois........................... ........ . . . .
Toflinrin........ ..................... ...........
Massachusetts________________
Michigan________________ _____
Minnesota.__. . . ___________ . . . .
Missouri............
Nebraska._______________ _
New Y ork .............. ......... ...........

15

91

785

282

18
14
7
18
13
11
16
3
17

779
136
805
773,774
830
547
497
333
659,660

19

908,909

12
15
12
14
11
19
14
15
13
15
8

681
283

678
127
537-540
907-909
137
254
831
255
91-94,
100-104
New Y ork ................. .................. 15 265,272274,277
278
Pennsylvania............................... 15




Employment of children—Cone’d.
Sonth Dakota.______ _________ _
Utah...............................................
Utah__ ____ _______________. . . .
Employment of laborers by cities—
Massachusetts.............................
Employment of laborers on public
worksMassachusetts.............................
Employment of women—
Alabama ____ . . . . ............... .
Delaware.................................... .
Indiana................................. .
Massachusetts..................... .
New Y ork ....................................
New Y ork....... ......... .................
Pennsylvania...............................
Tennessee....... ............................
Utah............................... ...............
Utah...............................................
Employment, public, citizens to be
preferred in—
Now York......................................
Engineers, stationary, examination,
licensing, etc., of (see Examina­
tion, licensing, etc., of station­
ary engineers).
Establishment of branch of State
miners’ hospital—
Utah..............................................
Examination, licensing, etc., of bar­
bers—
Minnesota......................................
Examination, licensing, etc., of gas
fitters—
District, of Columbia...................
Massachusetts.............................
Examination, licensing, etc., of
horseshoors—
Colorado........................................
Illinois___________ _____ _
Maryland......................................
Minnesota............ ......................
New Y o rk .............................. .....
Examination, licensing, 'etc., of
mine bosses—
Alabama__________ ___________
Indiana________ ____ _________
Examination, licensing, etc., of
plumbers—
District, of Columbia....... ...........
Illinois....... ....................... .
Maryland____________________
Minnesota............ ........................
Texas___________ _
Washington....... ...................
Wisconsin_____________________
Examination, licensing, etc., of sta­
tionary engineers—
Indiana_________ ____ ________
Maryland............ ........................
Massachusetts________________
Examination, licensing, otc., of sta­
tionary firemen—
Massachusetts__. . . ______ ____
Examination, registration, etc., of
anthracite coal miners—
Pennsylvania_______________ _
Exchanges, women’s work, incor­
poration of—
New Jersey..................................
Execntion, etc., exemption from (see
Exemption from execution,
etc.).
Exemption from execution, etc.—
Arkansas............ ......... ..............
Illinois______________ ___ . . . . . .
New M exico_____ _______ _____
Exemption laws, assignment, etc.,
of claims to avoid effect of,
as regards wages, unlawful—
Virginia - ____________ . . . . . . . .
Arirginia.........................................

15
2
8

290
219
104

7

803

7

804

12
14
11
19
8
15
15
15
2
8

678
125-127
537-540
909
91-94
272-274
278
292
219
104

15

260

16

499

15

251-253

18
14

782
133,134

14
14
18
15
15

123
129,130
771,772
250,251
274,277

12
11

076
540

782
18
133
14
18 767,768
15 253,254
15 294,295
16 505,506
17 661,662
11
18
7

540
766,767
804

7

804

15

286

15

257

14
14
IS

837

7
18

119
129

808,809

778

917

INDEX OP LABOR LAWS.

Bulletin.

Bulletin.

No. Page.

No. Page.
F

Factories, accidents in (see Acci­
dents in factories).
Factories and workshops—
Delaware......................................
Illinois...........................................
Indiana.........................................
Maryland......................................
Maryland......................................
Maryland......................................
Massachusetts.............................
Massachusetts....... .....................
Michigan...................... ................
Missouri........................................
Nebraska......................................
New Y o rk ....................................
New Y o rk ....................................
Ohio..............................................
Pennsylvania...............................
South Dakota...............................
Tennessee....................................
V irginia........................................
Washington..................................
Factories, blowers for emery wheels
in (tee Blowers for emery
wheels in factories).
Factories, etc., fire escapes on (see
Fire escapes on factories, etc.).
Factories, etc., inspection of (see
Inspection of factories, etc.).
Factories, traversing machinery i n Massachusetts .............................
Fellow-servants—
Mississippi....................................
Mississippi....................................
Missouri........................................
North Carolina.............................
North Carolina.............................
Texas.............................................
Utah..............................................
Female employees, seats for (see
Seats for female employees).
Fire escapes on factories, etc.—
Illinois...........................................
Indiana.........................................
Maryland......................................
Maryland.....................................
M ichigan......................................
New Y ork .............. . .................. .
Firemen, stationary, examination,
licensing, etc., of—
Massachusetts.............................
Foreclosure of mechanics’ liens, at­
torneys’ fees on—
U ta h ............................................
Foreign convict-made goods, impor­
tation of, prohibited—
United States...............................
Forfeiture of membership in na­
tional trade unions for vio­
lence, intimidation, etc.—
United States..............................
Fraudulent representations in labor
organizations—
New Y o rk ....................................
Free public employment bureaus—
Nebraska......................................
New Y ork ....................................
New Y ork ....................................
Free text-books in public schools—
Iow a..............................................
Future wages, assignment of (see
Assignment of future wages).

125-127
127,128,
131
537-540
564
802
705,767
803
904,907909
137,139
831
255
100-104
260,264267,277
806,807
278-280
290
292
777
500

803
774
830
547
497
659,660
104

128,120
538
564
765
137
266,267
804
108
663

785
*782
255
99,100
262,277
800




129
777

663

II
lla lf holidays for public employees—
Massachusetts.............................
Hawaiian Islands, Chinese immigra­
tion to the, prohibited—
United States...............................
Holidays,half,forpublicemployees—
Massachusetts.............................
Horseshoers,examination, licensing,
etc.,of (see Examination,licens­
ing, etc., of horseshoers).
Hospital, State miners’, establish­
ment oi branch of—
Utah..............................................
Hours of labor—
Illinois...........................................
Indiana.........................................
Maryland......................................
Montana.......................................
New Jersey..................................
New Y ork .......................... .
New Y ork ....................................

C*
GarnishmentUlinois—
Virginia .

Gas fitters, examination, licensing,
etc.,of (see Examination,licens­
ing, etc., of gas fitters).
Goods, convict-made (see Convictmade goods).
Goods, foreign convict-made, impor.
tation of, prohibited—
United States............................... 17

Pennsylvania...............................
South Carolina.............................
Utah..............................................
Utah..............................................
United States...............................

Immigration, Chinese, to the Ha­
waiian Islands prohibited—
United States..............................
Importation of foreign convict-made
goods prohibited—
United States...............................
Inclosed platforms—Protection of
street railway employees (see
Protection of street railway
employees — Inclosed
plat­
forms).
Incorporation of labor organiza­
tions—
M ichigan.....................................
Incorporation of women’s work ex­
changes—
New Jersey..................................
Industrial schools, manual training
and—
Maryland...................................... 18
Industrial statistics and labor, bu­
reau of—
Virginia....................................... 18
Industrial training—
Maryland......................................
Massachusetts.............................
Industry, agriculture, and labor,
bureau of—
Montana.......................................
Injuries resulting in death, right
of action for—
Utah..............................................
Injuring railroad property, etc.—
New M exico................................
Virginia.......................................
Inspection, etc., of mines—
Alabama.......................................
Illinois...........................................
Kansas..........................................
Maryland.................................... .

906
787
906

499
127
537
768,769,
771
833,834
233
91,94,98
258,259,
265,266,
272,277
278,288
289
219
108
783

787
663

136
257
769,770
778,779
769, 770
909
834
219
836
777
675-679
132
827-829
762

918

BULLETIN OP THE DEPARTMENT OP LABOR.
Bulletin.
No.

Inspection, etc., of mines—Conc’d.
Michigan.......................................
Montana.......................................
New Y ork ....................................
North Carolina.............................
Pennsylvania............ ................ .
Utah..............................................
W ashington............................... .
W est V irginia.............................
Inspection of factories, etc.—
Delaware......................................
Illinois...........................................
Indiana........................................ .
Michigan...................................... .
Nebraska......................................
New York......................................
Washington................................. .
Inspection of steam boilers, etc.—
New Y ork ....................................
Pennsylvania...............................
Inspection, regulation, etc., of bake
shops (see Regulation, inspec­
tion, etc., of bake shops).
Insurance, cooperative, and labor,
investigation of—
Massachusetts.............................
Intimidation of employees—
Colorado.......................................
Kansas...........................................
Massachusetts.............................
Mississippi....................................
Missouri.......................................
Pennsylvania...............................
South Dakota...............................
Tennessee......................................
U tah..............................................
Utah..............................................
Intimidation, violence, etc., forfeit­
ure of membership in national
trade unions for—
United States...............................
Intoxication of employees of com­
mon carriers—
New York.................................... .
Investigation of labor and coopera­
tive insurance—
Massachusetts..............................
Issue and redemption of checks,
scrip, ete., for wages—
M ichigan......................................

Page.

138
834
269,276
493-496
284-286
109-111
502,503
506,507
126
128,131
538-540
137
255
264-267,
277
500,501
270
279

912
123
826
909
775
830,831
282
290
291
105,106,
108
498

785
91
912
139

J
Joint appeals in suits of labor claim­
ants—
Pennsylvania...............................

Xi
Label, union, to be used on State
printing—
Montana...................................... .
Labor, agriculture, and industry,
bureau of—
Montana........................................
Labor and cooperative insurance,
investigation of—
Massachusetts............................ .
Labor and industrial statistics, bu­
reau of—
Virginia........................................
Labor, bureau of (see Bureau of la­
bor).
Labor, bureau of statistics of—
Massachusetts.............................
Labor claimants, joint appeals in
suits of—
Pennsylvania...............................
Labor commission—
Indiana.........................................
Labor, commissioner of (see Com­
missioner of labor).




833
834
912
778,779

906,912
282
541-544

Bulletin.
No. Page.
Labor, conciliation, and arbitration,
board of—
210
Utah..............................................
Utah..............................................
106-108
Labor, convict (see Convict labor).
Labor, Department of—
United States............................... 18 783,786
Labor, Department of, statistics of
certain cities to be published
in the Bulletin of the—
786
United States............................... 18
Labor disputes, arbitration of (see
Arbitration of labor disputes).
Labor, hours of (see Hours of
labor).
Labor law, the—
New York...................................... 15 258-277
Labor, mechanical work or, police­
men not to be employed on—
771
Maryland......................................
Labor organizations—
123
Colorado........................................
Idaho .............................................
681
826
Kansas...........................................
Michigan........................................
136
New York......................................
260
New York......................................
782
Oklahoma......................................
Pennsylvania...............................
Tennessee......................................
292
Virginia.........................................
775
Washington..................................
500,504
United States...............................
785
Labor organizations, badges of—
Pennsylvania...............................
282
Labor organizations, fraudulent rep­
resentations in—
New York......................................
Labor organizations, incorporation
of—
M ichigan......................................
136
Labor, registration of applicants
for—
Massachusetts.............................
134
Labor, rights of—
Utah..............................................
210
Labor statistics, bureau of—
Iow a..............................................
800-8C2
Labor statistics, commissioner of—
261-263,
New Y ork ....................................
276
Labor, Sunday—
Massachusetts.............................
906
Labor unions, protection of em­
ployees as members of (see
Protection of employees as
members of labor unions).
Laborers, discharge of, for neglect—
Salt springs law—
New Y ork ....................................
2C8
Laborers, employment of, by cities—
8C3
Massachusetts.............................
Laborers, employment of, on public
works—
804
Massachusetts.............................
Laborers, exception in favor of—
Antitrust act—
257
Nebraska......................................
Laborers’ liens—
684,685
Maine.............................................
Laborers on buildings, protection
of—
New Y ork ....................................
260,261,
New Y o rk ....................................
276
Laborers, protection of wages due
(see Protection of wages due
laborers).
Laborers, violation of contracts b y South Carolina. . : ........................
Licensing, examination, etc., of bar­
bers—
251-253
M innesota....................................

919

INDEX OP LABOR LAWS.

Bulletin.

Bulletin.
No.

Licensing, examination, etc., of gas
fitters (see Examination, li.
censing, etc., of gas fitters).
Licensing, examination, etc., of
horseshoers (see Examination,
licensing, etc., of horseshoers).
Licensing, examination, etc.,of mine
bosses (see Examination,licens­
ing, etc., of mine bosses).
Licensing, examination, etc., of
lumbers (see Examination,
censing, etc., of plumbers).
Licensing, examination, etc., of sta­
tionary engineers (see Exami­
nation, licensing, etc., of sta­
tionary engineers).
Licensing, examination, etc., of sta­
tionary firemen—
804
Massachusetts............................. 7
Liens, laborers’—
Maine............................................. 12 684,685
Liens, mechanics’ (see Mechanics’
liens).
Liens, mechanics’, attorneys’ fees on
foreclosure of—
8
108
TJtah..............................................
Loans secured by mortgages of per­
sonal property which is ex­
empt from attachment, or by
assignments of wages—
Massachusetts............................. 19 910-912
Lockouts—
120
Colorado........................................ 14
Idaho............................................. 12 683,684
541
11
Indiana.........................................
271
New Y ork .................................... 15
808
Ohio.............................................. . 7
107
Utah.............................................. 8

S

M
Manual training and industrial
schools—
Maryland......................................
Manual training in public schools—
Massachusetts.............................
Married women, earnings of (see
Earnings of married women).
Mechanical work or labor, police­
men not to be employed on—
Maryland.....................................
Mechanics’ liens—
New Y ork ....................................
Utah..............................................
Mechanics’ liens, attorneys’ fees on
foreclosure of—
Utah..............................................
Mediation and arbitration, board
of—
New Y ork ....................................
Membership in national trade
unions, forfeiture of, for vio­
lence, intimidation, etc.—
United States...............................
Mine bosses, examination, licensing,
etc., of (see Examination, li­
censing, etc., of mine bosses).
Mine officials, soliciting of money
by, from employees, unlaw­
ful—
Pennsylvania...............................
Mine regulations—
Alabama......................................
Colorado.......................................
Illinois...........................................
Indiana.........................................
Iowa..................... .........................
Kansas...........................................
Maryland......................................
M ich ig an ....................................
Missouri......................................
Montana....... ...............................




No. Page.

Page.
Mine regulations—Concluded.
New York.....................................
North Carolina.............................
Pennsylvania............................. .
South Dakota............................. .
Utah..............................................
Utah..............................................
Washington..................................
W est Virginia.............................
Miners, anthracite coal, examina­
tion, registration, etc., of—
Pennsylvania............................. .
Miners’ hospital, State, establish­
ment of branch of—
Utah.............................................
Mines, accidents in (see Accidents
in mines).
Mines, bureau of—
Pennsylvania..............................
Mines, coal (see Coal mines'.
Mines, inspection, etc., of (see In­
spection, etc., of mines).
Mines, weighing of coal at (see
Weighing of coal at mines).
Mortgages of personal property
which is exempt from attach­
ment, loans secured by, or by
assignments of wages—
Massachusetts.............................

269,276
493-496
286
290
104,109111
497,498
502,503
506.507
286
499

284-286

19

910-912

National trade unions, forfeiture of
membership in, for violence,
intimidation, etc.—
United States............................... 18

785

N

O

18

771

Organizations, labor (see Labor or­
ganizations).
Organizations, labor, badges of—
Pennsylvania..............................
Organizations, labor, fraudulent rep­
resentations in—
New York.....................................
Organizations, labor, incorporation
of—
Michigan.......................................

8
8

97
108

P

8

108

18

769,770

19

909

15

271

18

785

15

12

675-679

14
14

122

18
13
18
14
13
13

546
779
827-829
762-765
138
832
833-835

132

11 540,544-

Payment of wages—
California......................................
Illinois......................................... .
K ansas.........................................
Kentucky.....................................
Maine............................................
Maryland.................................... .
Maryland.................................... .
Massachusetts............................
Massachusetts............................
Michigan.................................... .
M ississippi..................................
New Jersey..................................
New Y ork ....................................
Soutt Carolina.............................
South Carolina.............................
Texas.......................................... .
Penalty for employing children un­
lawfully absent from school—
Massachusetts.............................
Plumbers, examination, licensing,
etc., of (see Examination,
licensing, etc., of plumbers).
Policemen not to be employed on
mechanical work or labor—
Maryland.....................................
Preferred, wages (see Wages pre­
ferred).

15

282

18

782

14

136

12

14
13
18
12
7
18
7
19
14
18
9
15
9
15
15

680
132
827
781
685
802
773
803
907
139
775
232, 233
259,277
234
289
294

19

908,909

18

771

920

BULLETIN OP THE DEPARTMENT OP LABOR.
Bulletin.
No.

Printing, State, union label to be
used on—
Montana...................................... .
Protection of employees as members
of labor unions—
Colorado.......................................
K ansas........................................
Pennsylvania..............................
United States...............................
Protection of employees as voters—
K ansas.........................................
Massachusetts.............................
Missouri........................................
New Y ork ....................................
North Carolina.............................
South Dakota...............................
Tennessee...................................
Utah..............................................

13

833

14
13
15
18

123
826
282
785

826
13
909
19
13 830,831
8
98
493
16
290
15
291
15
8 105,106,
108

Utah,
10
Protection of laborers on buildings—
8
New Y ork....................................
New Y ork .................................... 35 260,261,
276
Protection of railroad employees—
118
Arkansas ...................................... 34
836
New M exico................................. 13
Protection of street railway em­
ployees—Inclosed platforms—
125
Connecticut.................................. 14
829
K ansas......................................... 13
135
Massachusetts............................. 14
830
Missouri........................................ 13
256
; Nebraska...................................... 15
257
New Jersey................................... 15
Virginia........................................ 18
777
Protection of wages due laborers—
679
California...................................... 12
773
Maryland...................................... 18
293
Texas............................................. 15
809
Virginia........................................ 7
502
Washington................................. 16
Public employees, half holidays for—
906
Massachusetts.............................. 19
Public employment, citizens to be
preferred in—
260
New Y ork .................................... 15
Public schools, free text-books in—
7
Iowa..............................................
Public schools, manual training i n Massachusetts .............................. 19
Public works, employment of la­
borers on—
804
Massachusetts..............................
Public works, stone to be prepared
in State for use ou—
New Y ork .................................... 15
260

R
Railroad employees, protection of
(see Protection or railroad em­
ployees).
Railroad property, etc., injuring
(see Injuring railroad prop­
erty, etc.).
Railroads in hands of Federal re­
ceivers—Right of employees to
be heard in court—
United States...............................
Railroads, safety appliances on (see
Safety appliances on rail­
roads).
Rail way employees, street (see Street
railway employees).
Railway employees, street, protec­
tion of—Inclosed platforms (see
Protection of street rail­
way employees—Inclosed plat* forms).
Railways, street, competent men to
lie employed on—
Washington..................................




18

16

Bulletin.

Pag©.

No. Page.
Receivers, Federal, railroads in
hands of—Right of employees
to be heard in court—
United States...............................
Redemption, issue and, of checks,
scrip, etc., for wages—
M ichigan......................................
Registration, examination, etc., of
anthracite coal miners—
Pennsylvania...............................
sgistration of applicants for labor—
Massachusetts.............................
Regulation, inspection, etc., of bake
shops—
Connecticut..................................
New Jersey..................................
New Y o rk ....................................
Pennsylvania...............................
W isconsin....................................
Regulations, mine (see Mine regula­
tions).
Relief of destitute shipwrecked sea­
men—
Massachusetts.............................
Right of action for inj uries resulting
in death—
Utah............................................. .
Right of employees of railroads in
hands of Federal receivers to
be heard in court—
United States...............................
Rights of labor—
U tah..............................................

785
139
286
134
124,125
233,234
15
17

277
281,282
662,663

19

905

2

219

18

785

2

219

14
8

124
96,97

15

258

S

Safety appliances on railroads—
Colorado........................................
New York......................................
Salt springs law—Discharge of la­
borers for neglect—
New York......................................
School, penalty for employing chil­
dren unlawfully absent from—
Massachusetts.............................
Schools, manual training and indnstrial—
Maryland......................................
Schools, public, free text-books in—
Iow a..............................................
Schools, public, manual training i n Massachusetts .............................
Scrip, checks, etc., for wages, issue
and redemption of—
M ichigan......................................
Seamen, destitute shipwrecked, re­
lief of—
Massachusetts.............................
Seats for female employees—
Maryland......................................
Maryland......................................
New York......................................
New York......................................

19
18

769

7

800

19

909

14

139

19

905

7
18

767
8
93
15 260,273,
277
16
497
18
777

Utah..............................................
Virginia.........................................
Servants, fellow (see Fellow-serv­
ants).
785
Soliciting of money by mine officials
from employees unlawful—
Pennsylvania............................... 15
State miners’ hospital, establish­
ment of branch of—
Utah.............................................. 16
State printing, union label to be
used on—
Montana........................................ 13
!I Stationary
engineers, examination,
I
licensing, etc., of (see Exami­
nation, licensing, etc., of sta­
500
tionary engineers).

282
499
833

921

INDEX OP LABOR LAWS.
Bulletin.
No.
Stationary firemen, examination,
licensing, etc., of—
Massachusetts............ - ...............
Statistics, collection of (see Collec­
tion of statistics).
Statistics, industrial and labor, bu­
reau of—

7

18

Statistics, labor, bureau of—

7

Statistics, labor, commissioner of—
New York ....................................

Page.

803-802

15 261-263,
276

786
18
Statistics of labor, bureau of—
Massachusetts.............. - ............. 19 906,912
Steam boilers, etc., inspection of (see
Inspection of steam boilers,
etc.).
Stone to be prepared in State for
use on public works—
15
260
Street railway employees—
769
18
777
18
Street railway employees, protec­
tion of—Inclosed platforms
(see Protection of street rail­
way employees—Inclosed plat­
forms).
Street railways, competent men to
be employed on—
500
W ashington................................. 16
Strikes—
120
Colorado....................................... 14
684
Idaho............................. .............. 12
541
Indiana......................................... 11
271
New York .............. .................... 15
7
808
Ohio..............................................
107
Utah.............................................. 8
500
W ashington................... ............ 16
Suits for wages—
7
803
Massachusetts.............................
282
Pennsylvania..................... ......... 15
104
Utah .1 ..................... ..................... 8
Suits for wages, attorneys’ fees i n 8
104
Utah ..............................................
Suits of labor claimants, joint ap­
peals in—
Pennsylvania ............................ 15
282
Sunday labor—
906
Massachusetts............................. 19
Sweating system—
539
Indiana........................................ 11
564
Maryland...................................... 5
802
Maryland..................................... 7
904
Massachusetts................... ......... 19
137
M ichigan...................................... 14
Now York...... .......... ........... ..... 8 100-104
Now V ork............... ........ ....... 15 268,277
Ohio ............................................... 7 806,807
280
Pennsylvania............................... 15 j

Tenement houses—
Maryland....... ..............................
Massachusetts.............................
New Y o r k ....................................
Pennsylvania...............................
Text-hooks, free, in public schools-—
Iow a.............................................
Trade-marks of trade unions—
Idaho .............................................
New York.....................................
Oklahoma....................................
Tennessee......................................
Virginia......................................
W ashington.................................




No. Page.

Trade unions—
Idaho .........
Kansas.......
New York..
Oklahoma..
i
Tennessee..
Virginia----778,779
Washington
804

Statistics of certain cities to be pub­
lished in the Bulletin of the
Department of Labor—

T

Bulletin.

681,682
826
260
686,687
292,293
775,776
16 500,504,
505
United States............................... 18
785
Trade unions, national, forfeiture of
membership in, for violence,
intimidation, etc.—
785
United States............................... 18
Trade unions, trade-marks of (see
Trade-marks of trade unions). |
Training, industrial (see Industrial
training).
;
Training, manual, and industrial I
schools—
Maryland...................................... 18 769, 770
Training, manual, in public schools—
Massachusetts............................. 19
Traversing machinery in factories—
7
803
Massachusetts.............................
Truck system—
Kentucky...................................... 18
781
772
Maryland...................................... 18
12
13
15
12
15
18

U

Union label to be used on State print-'

inS—

Montana........................................ 13
Unions, labor, protection of em­
ployees as members of (see
Protection of employees as
members of labor unions).
Unions, national trade, forfeiture of
membership in, for violence,
intimidation, etc.—
United States............................... 18
Unions, trade (see Trade unions).
Unions, trade, trade-marks of (see
Trade-marks of trade unions).

W

7

800

12
15
12
15
18
16

681,682
260
686,687
292,293
775,776
504,505

Pennsylvania.
South Carolina
Texas..............
Utah................
V irginia.........
V irginia.........

!
18
19
15
15

767 i
904
268,277
280 i

785

V

Violation of contracts by laborers—
South Carolina... .*..................... 15
Violence, intimidation, etc., forfeit­
ure of membership in national
trade unions for—
United States............................... 18
Voters, protection of employees as
(see Protection of employees
as A'oters).

Arkansas .......
California.......
Colorado.........
Illinois............
Kansas............
Kentucky.......
Maine..............
Maryland.......
Maryland.......
Massachusetts
Massachusetts
Michigan.........
Mississippi . . .
New Jersey. . .
New Mexico ..
New York . . . .

i

833

289

785

j*

14
119
12 679,680
14
122
14 129,132
13
827
18
781
685
12
7
802
18 772,773
803
7
19 907,909
139
14
775
18
9 232-234
837
13
15 258-260.
277
15
282
15
289
15 293,294
8 104,105
7 808,809
•8 777, 778

922

BULLETIN OP THE DEPARTMENT OP LABOR,
Bulletin.
No.

W ages—Concluded.
Washington.................................
United states...............................
Wages, assignments, etc., of claims
to avoid effect of exemption
laws as regards, unlawful—
Virginia........................................
Virginia........................................
Wages, attorneys’ fees in suits for—
Utah......................................... .
Wages due laborers, protection of
(see Protection of wages due
laborers).
Wages, future, assignment of (see
Assignment ot future wages).
Wages, issue and redemption of
checks, scrip, etc., for—
Michigan.................................... .
Wages, loans secured by mortgages
of personal property which is
exempt from attachment, or
by assignments of—
Massachusetts.............................
Wages of women and children, de­
duction from, prohibited—
Massachusetts.............................
Wages, payment of (see Payment of
wages).
Wages preferred—
Arkansas......................................
' Colorado.......................................




16
18

7
18

8

14

19
19

14
14

Page.
Wages preferred—Concluded.
Connecticut..................................
New Jersey..................................
U tah.............................................
Washington..................................
United States...............................
808,809 > Wages, suits for (see Suits for wages).
778 Weighing of coal at mines—
Alabama.......................................
Colorado........................................
104
Maryland.....................................
Pennsylvania...............................
Utah..............................................
Women and children, deduction
from wages of, prohibited—
Massachusetts............................
Women, employment of (see Em­
139
ployment of women).
Women, married, earnings of (see
Earnings of married women).
Women’s work exchanges, incorpo­
ration of—
910-912 j
New Jersey..................................
Work exchanges, women’s, incorpo­
ration of—
New Jersey..................................
909
Work, mechanical, or labor, police­
men net to be employed on—
Maryland......................................
119 Workshops, factories and (see Fac­
122
tories and workshops).
500
783-786

Bulletin.
No. Page.

14
9
8
16
18

124
232,234
105
500
786

12
14
18
15
16

675,677
122
763-765
286
497,498

19

909

15

257

15

257

18

771

INDEX,
Tage,
Alaskan gold fields, tlie, and the opportunities they offer for capital and
labor....................................................................................................................... 297-425, 789-828
Arbitration and conciliation, eleventh annual report o f the board of, o f Mas­
433
sachusetts, 1896............................................... . .................................................................
Arbitration and mediation, tenth annual report of the board of, of New
York, 1896 .............................................................................................................................
434
Benefit and relief associations in the printing trade, mutual.......................
829-851
Boarding homes and clubs for workingwomen.......................................................... 141-196
Brotherhood relief and insuranco o f railway employees....................................... 552-596
Building and loan associations o f Ohio, annual report on the, 1896................. 431-433
Capital and labor, the Alaskan gold fields and the opportunities they
offer for................................... ............................................................................. 297-425, 789-828
Census o f Massachusetts for 1895 ....................................................................................
59-61
Clubs and boarding homes for workingwomen..........................................................141-196
Conciliation and arbitration, eleventh annual report o f the board of, of Mas­
sachusetts, 1896...............................................................................
433
Cooperative associations in foreign countries that have made contracts with
public authorities for furnishing labor and m aterials..................................... ..
62-66
Cooperative savings and loan associations o f New York, annual report on
the, 1896 ................................................................................................................................. 429,430
Decisions of courts affecting labor:
Assignment of future wages—garnishm ent....................................................... 888-890
Beneficial associations—right o f action by m ember..................................... ..
88,89
Breach o f contract o f employment— discharge o f employee—measure of
damages......................................................................................................................... 645,646
Conspiracy— boycotts.................................................................................................. 459-484
Constitutionality of statute—
eight-hour la w ........................................................................................................ 625-637
employers’ liability act— railway relief association, e t c ....................... 723-729
fellow-servant act o f Texas................................................................................
76,77
hours of la b o r ........................................................................................................
233
liability o f city for damage by m o b .............................................................
77,78
marking o f convict-made g oods...................................................................... 866-874
preference of discharged Union soldiers, etc., in employment on
public works........................................................................................................ 874,875
tax on foreign-born unnaturalized laborers............................................... 233-235
trade-marks o f trade unions, e t c .................................................................... 637-641
weighing coal at mines........................................................................................ 875-879
Contract of employment— wrongful discharge................................................. 238-242
Criminal conspiracy— trade u n ion s......................................... - ............................ 442-444
Dredgers subject to liens o f employees for wages, etc................................... 729-731




923

924

INDEX.

Decisions o f courts affecting labor— Continued.
Eight-hour law—
Page,
right o f action of laborer in employ o f the United States for com­
pensation for additional hours......................................................................
79,80
right o f laborer to recover compensation for additional hours..........
80,81
Employees’ claim for damages— compromise and settlement— construc­
tion ............................................................................................................................. 743-740
Employers’ liability—
assumption of risk................................................................................................ 484-48$
assumption o f risk— construction o f sta tu te.............................................
236
assumption o f risk by em ployee...................................................................... 731,732
assumption o f risk by employee—duty o f m aster................................... 746,747
assumption o f risk by employee after giving notice of defect in
machinery to master........................................................................................ 242, 243
89,90
contributory negligence.....................................................................................
contributory negligence— application o f s ta tu te ..................................... 444-446
contributory negligence— assumption of r i s k ...........................................
890
defective appliances............................................................................................
646
duty o f the employer—vice principal— fellow-servant...........................
891
duties of the employer—negligence, e t c ..................................................... 747-749
duties of the master— assumption o f risk by em ployee........................
90,91
duties o f the master— negligence....................................................................
486
fellow-servants........................................................................................................ 891-894
fellow-servants—assumption of risk by employee, etc........................... 243,244
fire escapes—assumption o f risk...................................................................... 446-448
furnishing safe tools— assumption of risk by employee, e t c ............. 646-648
guards for m achinery.......................................................................................... 448,449
648
incompetent servants—assumption of r is k .................................................
malpractice o f physician employed by railroad company, etc.............
894
master’s duty to employee—fellow-servants, etc....................................... 749-751
master’s duty to warn employees of danger, etc....................................... 733,734
master’s promise to remove defect—assumption o f risk by employee. 244,245
negligence—fellow-servants— assumption o f r i s k ................................... 648-650
91,92
negligence o f em ployer......................................................................................
negligence o f employer— application o f fellow-servant r u le .............
895
negligence o f employer— assumption o f risk............................................. 650,651
negligence o f mine boss—fellow-servants................................................... 879-881
negligence of superintendent........................................................................... 881,882
railroad companies— application of speed ordinance to employees . . 449,450
railroad companies— assumption o f risk by employee— fellowservants ................................................................................................................. 895,896
railroad companies— assumption o f risk by emplbyee— rules for run­
ning trains............................................................................................................ 651-654
railroad companies— construction o f statute............................................. 450-452
railroad companies—contract for transportation o f employees—
effect on rights o f employees........................................................................ 896-898
railroad companies—defective appliances— effect o f statute, e t c ___ 734-736
railroad companies— defective appliances— vice principal................... 654,655
railroad companies— defective c a rs................................................................ 236-238
railroad companies— duties o f the employer— defective appliances—
negligence.......................................................................................................... ; 898-900
railroad companies— failure to fence track.................................................. 736-738
railroad companies— fellow-servants................................................... 82,83,751,752
railroad companies— fello w-servants, etc......................................................
83-85
railroad companies— impracticable rules..................................................... 752,753




INDEX.
decisions o f courts affecting labor—Concluded.
Employers’ liability— Concluded.
railroad companies—inspection of foreign cars—assumption of risk
by employee........................................................................................................
railroad companies—interpretation o f sta tu te .........................................
railroad companies— negligence o f coemployee, e t c ...............................
railroad companies—negligence o f employer—safety couplers..........
railroad companies— relief associations.......................................................
railroad companies—vice principals—fellow-servants...........................
railroad companies— vice principals— fellow-servants—contributory
negligence................................. ..........................................................................
railroad companies—violation o f rules—vice principals.......................
right o f action by administrator for death o f coal miner under the
statute— contributory negligence and assumption of r is k ..............
vice principals.......................................................................................................
violation of ru les..................................................................................................
volunteers—fellow-servants, e t c .....................................................................
Employers' liability act— construction o f statute—vice principals..........
Factory inspection—violation o f a c t ...................................................................
Garnishment— property subject to— payments by garnishee.......................
Injunction—
intimidation of employees— dam ages...........................................................
intimidation o f workmen by labor unions.................................................
marching on highway—intimidating employees—contempt o f courtInterpretation o f statute—assignability o f preferred claims for w ages..
Invention by employee— implied license o f em ployer...................................
Labels of laborers' unions—
application for injunction to prevent unauthorized use of same----injunction to prevent fraudulent use o f same, etc...................................
Master and s e r v a n trefusal to perform services— criminal liability.........................................
wages— forfeiture..................................................................................................
Mechanics’ liens—
application of statute..........................................................................................
construction of statute— “ laborers" and “ em ployees".........................
Right o f action for damages —coercion o f employer by labor union to
compel discharge o f employee...............................................................
Seamen— criminal jurisdiction o f foreign courts—recovery o f wages----Seamen’s wages..............................................................................................................
Seamen’s wages—
completion o f voyage..........................................................................................
leaving vessel— abusive treatment..................................................................
Union labor only to be employed on xiublic works—right o f city authori­
ties to make such provision in contracts.........................................................
Weekly payment o f wages— construction o f sta tu te.....................................
Digest o f recent foreign statistical publications:
Austria— Die Arbeitseinstellungen und Aussperrungen im Gewerbebctriebe in Osterreich wiihrend des Jahres 1896...............................................
Belgium— Bulletin de la Commission Centrale de Statistique. Volume
X V II. Annees 1890 h 1896 .....................................................................
France—
Note sur lo Minimum de Salaire dans les Travaux Publics en Angleterre, en Belgique, en Hollande, en Suisse, aux Etats-Unis et en
France, 1897........................................................................................................




925
Page,
753-756
882,883
883-885
738-740
245-249
641-643
643,644
901-903
740-742
756,757
757
758,759
452-454
885,886
656
92-94
94-111
111-114
85-88
114,115
487-490
454-456
887,888
456, 457
457,458
742,743
115-117
759-761
490
490,491
492
656,657
458,459

618-621
708-713

231

926

INDEX.

Digest of recent foreign statistical publications— Concluded.
France— Concluded.
Page.
Statistique des Graves et des Reeours a la Conciliation et a 1?Arbi­
trage Survenus Pendant FAnn^e 1897............................. ........ ................. 860-865
Germany— Drucksachen der Kommission fur Arbeiterstatistik: Erkebungen Nr. X . Zusammenstellung der Ergebnisse der Ermittelungen liber
73-75
die Arbeitsverbaltnisse in der Kleider und Wiisehe-Konfektion.............
Great Britain—
Report on Contracts given out by Public Authorities to Associations
62-66
o f "Workmen................................................... ..................... . ...........................
Second, Third, and Fourth Annual Reports on Changes in Wages
and Hours o f Labor in the United Kingdom, 1894, 1895, and
1896.................................................................................... ............... ....................
66-73
Ninth Report on Trade Unions in Great Britain and Ireland, 1896
435-438
Report on Changes in the Employment o f Women and Girls in
Industrial Centers: Part I, Flax and Jute Centers, 1898 ................... 621-624
Report on the Strikes and Lockouts o f 1896 in Great Britain and
Ireland................................. . .............................................................. ............... 713-717
Fifth Annual Report on Changes in Wages and Hours o f Labor in
the United Kingdom, 1897....................... ..................................................... 718-722
Italy— Statistica degli Scioperi avvenuti nell’Industria e nell'Agricoltura durantel’anno 1 8 9 6 ............................................................ .......................... 438-441
New Zealand— Sixth Annual Report of the Department o f Labor o f New
Zealand, for the year ending March 31, 1897.................................................. 231,232
Ontario—Fifteenth Annual Report o f the Bureau o f Industries for the
Province of Ontario, 1896....................
865
Digest o f recent reports o f State bureaus of labor statistics:
C onnecticut.......................................................................
613-615
Illin o is ............................
52-54
I o w a ................................................................................................................................... 426,427
K a n sa s............................................................................................................................... 220-222
M a in e ....................................................................................................................... ..........
54,55
Maryland..............................................................................................................................615-617
Massachusetts................................................................................... 55,56,427,428,694-699
Missouri............................... .................. ....................................................... .................. 852-855
Montana............................................................................................................................. 855,856
New York..................................................... .................................................................... 699-702
North D akota.......................................................................
856
Ohio.....................................................................................................................................
57,58
Pennsylvania.................................................................................................
222-224
Rhode Isla n d .................................................................................................................. 857,858
Tennessee.................................................................................................
859
West Virginia................................................................ . ..........*....................................
702
Wisconsin .........
703-707
Economic aspects o f the liquor problem..................
509-551
Employment o f women and girls in the flax and ju te centers o f Great Britain
and Ireland, changes in, 1 8 9 8 ...................
621-624
Gold fields of Alaska, the, and the opportunities they offer for capital and
lab or....................................... ........................ ....................................................... 297-425,789-828
Government contracts................. ................................................ ..
140,296,508,664,788,913
Hours of labor in the United Kingdom, changes in, 1893 to 1896.......................
67-73
Hours of labor in the United Kingdom, changes in, 1893 to 1897...... ................718-722
Incomes, wages, and rents in M ontreal...............
39-51
Index o f labor laws published in Nos. 1 to 19 o f the Bulletin o f the Depart­
ment of L abor..................................................................................................................... 914-922




INDEX.

927

Pager
Iuaurance and relief, brotherhood, o f railway employees..................................... 552-596
L « b e l, the trade-union..................... * ................................................................... - ............197-219
Labor and capital, the Alaskan gold fields and the opportunities they
offer f o r
......
— ........... - - ............
— - — . . . . . ------- . . . . . . . 297-425,789-823
Labor and materials furnished on contracts with public authorities b y
cooperative associations in foreign countries..........................................................
62-66
L abor laws, index of, published in Nos. 1 to 19 o f the Bulletin o f the
Department o f L a b o r ...* ................... ............... - .........................................................914-922
L a w s relating to labor:
A rk a n sas............................................................................................................................ 118,119
C olorad o ............................. . - ..........................................................................................120-124
C onnecticut.......................................................... - .................. ...................................... 124,125
D elaw are....................................................- ..................................... ................................ 125-127
District o f Columbia...................................................................................................... 782,783
Georgia................................................................................................................................ 658,659
Illin o is ................................................................................................................................ 127-133
I o w a ..................................................................................................................................... 779,780
Kentucky....................................... .................................................................................... 780,781
M aryland............................................................................................................................ 762-773
Massachusetts................................................................................................. 133-136,901-912
M ichigan............................................................................................................................ 136-139
M innesota.......................................................................................................................... 250-254
Mississippi.................................................................. - ............................................... .
773-775
N ebraska............................................................................................................................ 255-257
New Jersey....................
257
New Y o r k .......................................................................................................... 258-277,781,782
North C aro lin a .......................................................
493*497
North D akota.................................... - ................................
.................................
497
Pennsylvania.................................................................................................................... 278-289
South C arolin a................................................................................................................ 289,290
South D akota....................
........................................................................
290
T e n n e s s e e ........................................................................................................................ 291-293
T e x a s ...................................................- ............................................................. 293-295,659,660
Utah .................................................................................................................................... 497-500
V irg in ia .............................................................................................................................. 775-779
W a sh in g to n ...................................................................................................................... 500-506
W est V ir g in ia .................................................................................................................. 506,507
W isc o n sin .......................................................................................................................... 660-663
United States............................................................................................................ 663,783-787
Liquor problem, economicaspects o f th e........................................................................ 509-551
Loan and building associationso f Ohio, annual report on the, 1896..................... 431-433
Loan and savings associations, cooperative, o f New York, annual report on
the, 1896....................................................................................................; ............................ 429,430
Manufactures in Massachusetts, eleventh report on the annual statistics of,
1896................................................................................
225-230
Mediation and arbitration, tenth annual report o f the board of, o f New York,
1896...........................................................................................................................................
434
Mutual relief and benefitassociations in the printing trade................................. 829-851
Nations o f Antwerp................................................................................................................ 597-612
Negroes o f Farmville, V irginia: A social stu d y .........................................................
1-38
Bailway employees, brotherhoodrelief and insurance o f ....................................... 552-596
Bents, incomes, and wages in Montreal...........................................................................
39-51
Savings and loan associations, cooperative, o f New York, annual report on
the, 1896....................................................................................
429,430




928

INDEX.

Strikes and lockouts during 1896 in—
Page^
Austria............................................................................. - .................................................618-621
Great Britain and Ireland........................................................................................... 713-717
I t a l y .................................................................................................................................... 438—141
Strikes and lockouts during 1897 in France................................................................ 860*865
Trade-union label; tlie........................................................................................................... 197-219
Trade unions in Great Britain and Ireland, 1896........................................................ 135-438
67-73
Wages in the United Kingdom, changes in rates of, 1893 to 1896.........................
Wages in the United Kingdom, changes in rates of, 1893 to 1897......................... 718-720
Wages in the United States and Europe, 1870 to 1898.............................................. 665-693
39-51
Wages, rents, and incomes in Montreal..........................................................................
Workingmen and their families in Belgium, wages of, and cost o f food and
quantity o f food consumed............................................................................................. 708-713
Workingwomen, hoarding homes and clubs for.......................................................... 141-196