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56th C ongress,} H O U SE OF R E P R E SE N T A T IV E S. (Doc. No. 315,
2d Session. J
Part 6.

BULLETIN

OF THE

DEPARTMENT OF LABOR.

No. 37—NOVEMBER, 190!.

ISSUED EVERY OTHER MONTH.

W A S H IN G T O N :
GOVERNMENT PRINTING OFFICE*

1901.

EDITOR,

CARROLL D. WRIGHT,
COMMISSIONER.

ASSOCIATE EDITORS,

G. W. W. HANGER,
CHAS. H. VERRILL, STEPHEN D. FESSENDEN, G. A. WEBER.

CONTEXTS.
Pago.

Railway employees in the United States, by Samuel McCune Lindsay,
Ph. D., of the University of Pennsylvania................................................
The Negroes of Litwalton, Va.: A social study of the “ Oyster Negro,” by
William Taylor Thom, Ph. D ......................................................................
Digest of recent reports of State bureaus of labor statistics:
Maine.......................................................................................................
Maryland..................................................................................................
Michigan..................................................................................................
North Dakota..........................................................................................
Fifteenth Annual Report of the State Board of Arbitration and Concilia
tion of Massachusetts.....................................................................................
Digest of recent foreign statistical publications............................................
Decisions of courts affecting labor..................................................................
Laws of various States relating to laborenacted since January 1, 1896____

1023-11.14
1115-1170
1171-1173
1173,1174
1174-1177
1177,1178
1178
1179-1194
1195-1206
1207-1216

B U LLETIN
OF THE

DEPARTMENT OF LABOR.
No. 37.

W A S H IN G T O N .

ovem ber,

1901.

RAILWAY EMPLOYEES IN THE UNITED STATES.
BT SAMUEL M5CUNE I.INDSAY, PH. 1).

IN TRO D UCTION .
Several important special papers which relate to the problems of
railway employment have already been published in the Bulletin
of the Department of Labor.
“ Brotherhood relief and insurance of
railway emploj^ees 77 was discussed by Prof. Emory R. Johnson, of
the University of Pennsylvania, in Bulletin No. 17, for July, 1898,
and in an earlier article (a) by the same author on “ Railway relief
departments,” an account was given of what the roads are doing in
the same direction for their employees. Dr. Walter E. W ey l has
published quite an extensive review of a The condition of railway labor
in Europe,” (b) and in Bulletin No. 31, for November, 1900, an article
by Dr. Luigi Einaudi discusses “ The condition of railway labor in
Italy.” There is also in Bulletin No. 29, for July, 1900, a brief state
ment on the subject of “ Hours of labor and of rest of railway employees
in Prussia,” made to the Department of State by Hon. Richard Guen
ther, United States consul-general at Frankfort-on-the-Main. In addi
tion to these special contributions there is scattered throughout the
pages of the Bulletin much material, especially in the digests of court
decisions and in the labor legislation, which affects the interests and
a See Bulletin No. 8, January, 1897.

b See Bulletin No. 20, January, 1899.
1023

1024

BULLETIN OF THE DEPARTMENT OF LABOR.

welfare of railway employees. Probably railway labor, as an occu
pation, affects the interests of more persons in the United States than
any other single branch of employment except agriculture. This
fact alone should entitle it to greater consideration than it commonly
receives. There are, however, many other reasons why facts relating
to the condition of railway labor in the United States are peculiarly
welcome at this time. It is one of the most hazardous of occupations,
and yet one on which the prosperity of the country becomes increas
ingly dependent. It has led almost all other classes of labor in meet
ing the problems peculiar to the wage-earner when he becomes
conscious of the class feeling. Organized labor has fought its chief
battles, won its greatest victories, had its severest defeats, and learned
its best lessons within the scope of railroad employment. The prob
lems of old age, the question of the “ dead line” in occupations, or age
where diminishing efficiency sets in, and the need of provision for the
uncertainties of life have nowhere presented themselves with greater
clearness and been met with greater determination than in the rela
tions of employer and employee in the realm of railway labor.
It is not the purpose of this paper to review with any degree of com
pleteness the condition of railway labor in the United States. That
is-a topic too broad for proper treatment within the scope of a single
paper, and one for which the materials are scarcely yet available. It
is possible, however, to discuss with some measure of completeness a
few facts and some problems concerning railway employees in the
United States. After showing the numbers and classes of railway
employees, from the reports of the Interstate Commerce Commission,
the qualifications demanded in railway service, some facts relating to
wages and hours of work, and some of the vexed questions concerning
extra work and extra pay will be discussed. This will constitute one
general division of this article, under the title “ Requirements and
rewards of railway employment;” a second general section, entitled
“ Railway labor as a life work,” treats of the permanency of occupa
tion, the systems of discipline, the question of blacklisting, and the
pensioning of employees; a third and last general division covers in
part the personal relations of employer and employee in the field of
railway labor, treating of the general condition of railway laborers
as reflected in their organizations, and the efforts of employers to
improve the personnel of the service.
A large portion of the information upon which this article is based
was obtained by direct correspondence and personal interviews with
the representatives of 40 of the leading railway corporations of the
United States, and with the leaders of the representative organizations
of railway employees. The 40 railways mentioned operate 112,353
miles, or 58.2 per cent of the total mileage of the United States, as

R AILW AY EMPLOYEES IN THE UNITED STATES.

1025

given in the Interstate Commerce Commission’s Report for the year end
ing June 30, 1900, and employ 633,023 employees, or 62.2 per cent of
the total number of railway employees. A series of questions relating
to railway labor was sent out by the author to 62 railway corpora
tions, selected with especial reference to their geographical distri
bution and their relative importance in the railway industry of the
country. The answers received covered the facts for about two-thirds
of the corporations originally selected. The questions asked, together
with most of the replies received, are published in the report made by
the author of this article to the Industrial Commission, printed in the
Reports of the Commission, on the subject of transportation, (a) Much
valuable testimony from railway presidents, chiefs of railroad brother
hoods, and from well-informed specialists will be found in the Report
of the Industrial Commission, Volume IV , Transportation.
R E Q U IR E M E N T S A N D R E W A R D S O F R A I L W A Y
EM PLOYM ENT.
NUMBERS AND CLASSIFICATION OF R AILW AY EMPLOYEES.
From the Thirteenth Annual Report of the Interstate Commerce
Commission on the Statistics of Railw ays in the United States, it appears
that on June 30, 1900, there were 1,017,653 employees of all classes
engaged in railway transportation.
This gives an average of 529
employees per hundred miles of line, and an increase of 88,729
employees, or 31 employees per hundred miles of line, as compared
with* the previous year. It shows also a considerable increase in the
total number of employees and in the number per hundred miles of line
over any year of the previous period of 10 years. The year 1893 comes
next in intensity of traffic as measured by the number of employees
per 100 miles of line. But at the same time, with this increase of
employees per hundred miles of line, there was an increase in the
amount of work performed by each employee. The figures for 1893
show for the freight service the movement of 107,129 ton-miles of
traffic per employee, while the figures for 1900 show 139,143 ton-miles
per employee.
It would seem from these returns that the year 1893 may be con
sidered the high-water mark in railway employment prior to the period
of depression. It would appear that something has been learned by
the necessities of hard times, and that railway employment is more
intense now than formerly, which is probably an advantage both to
employees and to the public, since the former are paid largely by piece
work, and the latter gains by reduction in total cost.
a See Report of the Industrial Commission, Volume X V II, pages 709-1135.

1026

BULLETIN OF THE DEPAKTMENT OF LABOE,

The classification of these employees into 18 separate classes and the
number per hundred miles of line in each class for the year 1900, and
for each of the 10 previous years is shown in the following table:
TOTAL EMPLOYEES AND EMPLOYEES PER 100 MILES OF LINE, BY QLASSES OF
OCCUPATIONS, FOR THE YEARS ENDING JUNE 30, 1890 TO 1900.
1890.
Class.

1892.

1891.

1894.

1893.

General officers........
Other officers........... } 5,160
General office clerks 22,239
Station agents.......... 25,665
Other station m en .. 66,431
Enginem en ............. 33,354
Firemen..................... 34,634
Conductors............... 23,513
Other trainmen —
61,734
Machinists............... 27,601
Carpenters............... 37,936
Other shopmen........ 80,733
27,129
Section foremen—
Other trackmen — 157,036
Switchmen,flagmen,
and watchmen. . . 37,669
Telegraph operators
and dispatchers.. 18,968
Employees, account
floating equipment 6,199
All other employees
and laborers.......... 83,300

3 5,271
14 23,879
16* 26,192
43 67,812
21 34,801
22 36,277
15 24,523
40 64,537
18 27,388
24 37,718
52 83,865
17 27,890
101 163,913

3 6,104
15 25,469
16 26,829
42 69,511
22 36,739
22 37,747
15 26,042
40 68,732
17 28,783
23 40,080
52 87,615
17 28,753
102 171,810

4 6,610
16 27,584
16 28,019
43 75,181
23 38,781
23 40,359
16 27,537
42 72,959
18 30,869
25 41,878
54 93,709
18 29,699
106 180,154

4 / 5,257
\ 1,778
16 24,779
17 28,199
44 71,150
23 35,466
24 36.327
16 24,823
43 63,417
18 29,245
25 36.328
55 84,359
18 29,660
106 150,711

24 40,457

25 42,892

26 46,048

12 20,308

13 20,970

13 22,619

53 93,543

58 98,007

60 105,450

T o ta l............... 749,301

479 784,285

486 821,415

506 873,602

Num
ber.

5,911

5,332

3 5,407
1 2,534
14 26,583
16 29,014
41 73,569
20 34,718
21 35,516
14 24,776
36 62,721
17 27,740
21 35,564
48 88,661
17 29,809
85 155,146

3
1
15
16
41
20
20
14
35
16
20
50
17
87

27 43,219

25 43,158

13 22,145

13 20,984

6,146

1898.

1897.

1896.
Class.

1895.

Per
Per
Per
Per
Per
Per
100
Num 100 Num 100 Num 100 Num 100 Num 100 Num
miles
miles
miles
ber.
ber.
ber. miles ber. miles
ber. miles ber.
of
of
of
of
of
of
line.
line.
line.
line.
line.
line.

7,469

5,779

62 85,276

48 83,355

515 779,608

444 785,034

441

1899.

1900.

Per
Per
Per
Per
Per
100
100
100
100
100
miles Number. miles Number. miles Number. miles Number. miles
of
of
of
of
of
line.
line.
line.
line.
line.

General officers........
Other officers...........
General office clerks.
Station agents...........
Other station m en .. .
Enginemen...............
Firem en.....................
Conductors...............
Other trainmen........
Machinists.................
Carpenters.................
Other shopmen........
Section forem en___
Other trackmen........
Switchmen .flagmen,
and watchmen___
Telegraph operators
and dispatchers.. .
Employees, account
floating equipment
All other employees
and laborers.........

5,372
2,718
26,328
29,723
75,919
35,851
36,762
25,457
64,806
29,272
38,846
95,613
30,372
169,664

3
1
14
16
42
20
20
14
36
16
21
53
17
93

4,890
3,830
26,837
30,049
74,569
35,667
36,735
25,322
63,673
28,229
37,740
91,415
30,414
171,752

3
2
15
16
41
19
20
14
35
15
20
50
17
94

4,956
3,925
26,845
30,699
78,603
37,939
38,925
26,876
66,968
28,832
40,374
99,717
30,771
184,494

3
2
15
17
43
20
21
15
36
16
22
54
17
100

4,832
4,294
29,371
30,787
83,910
39,970
41,152
28,232
69,497
30,377
42,501
103,937
31,690
201,708

3
2
16
16
45
21
22
15
37
16
23
55
17
107

4,916
4,669
32,265
31,610
89,851
42,837
44,130
29,957
74,274
32,831
46,666
114,773
33,085
226,799

3
2
17
16
47
22
23
16
39
17
24
60
17
118

44,266

43,768

21,682

21,452

47,124

48,686

50,789

22,488

23,944

25,218

5,502

6,409

6,349

6,775

7,597

88,467

90,725

98,673

107,261

125,386

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

826,620

454

823,476

449

874,558

474

928,924

495 1,017,653

529

W hile the above table shows the general density of railway employ
ees of the various classes for the United States, and thus indicates the
average intensity of traffic for the whole of the United States from
year to year, the figures making up this average vary considerably for

RAILW AY EMPLOYEES IN THE UNITED STATES,

1027

the different territorial groups of States or sections of the country.
The Interstate Commerce Commission in its statistical tables distributes
all such statistics into 10 groups of States. The greatest intensity of
traffic as indicated by the average number of employees per hundred
miles of line is shown for the group corresponding very closely to the
Middle Atlantic States, where the average number of employees per
hundred miles of line in 1900 was 1,140. The next highest intensity was
for the group corresponding to the New England States, 827, and the
lowest was for the Middle Northwestern States (Montana, W yom ing,
Nebraska, and part of North and South Dakota), where the number of
employees per hundred miles of line in 1900 was only 303.
For all classes of employees the numbers given are obtained by the
Interstate Commerce Commission from the pay rolls for June 30 of
each year, and the railroads are instructed not to include laborers
engaged in the construction of new lines. The statistical method
followed by the Commission must be borne in mind in making any
comparison with European statistics, because the figures for foreign
countries usually give the average number of men employed during
the year. How nearly comparable the figures calculated on these two
plans may be must be left to the judgment of the reader. Dr. W ey l
in his report (a) on the railways of Great Britain showed that in 1895
the total number of men employed was about 5 times as many per
hundred miles of line as on the American railways at the same time.
In France nearly 2i times as many employees per hundred miles of
line were employed, and in Prussia the statistics for the State railways
showed slightly over 3 i times as many per hundred miles of line as in
this country.
The importance of railway employment may also be estimated by
the ratio of the total number of railway employees to the total
number of persons engaged in gainful occupations in the United States.
According to the census of 1890 the number of railway employees
was about 2 per cent of the total number of persons over 10 years of
age engaged in gainful occupations.
QUALIFICATIONS DEMANDED IN THE CHIEF GRADES OF
SERVICE.
In applying for railway employment an applicant is usually given
certain blanks to be filled out, giving some general information con
cerning his age, previous experience, positions held, with references,
etc. This must be accompanied with a certificate of character, and a
certificate of physical examination if the work for which h£ applies
demands this. Additional forms are then filled out, giving special
information for the particular branch of work he desires to enter.
a See Bulletin of the Department of Labor, No. 20, January, 1899.

1028

BULLETIN OF THE DEPAETMENT OF LABOE.

Typical blanks, such as are actually in use on one road operating oyer
5,000 miles of line and employing oyer 32,000 men, are as follows:
Applicants for employment in the following grades of service with this company
are required to undergo a thorough examination to determine their visual power,
color perception, hearing, and physical qualifications generally to perform the duties
of the position which they seek to obtain: Station agents, telegraph operators, station
baggagemen, enginemen, firemen, hostlers, conductors, collectors, train baggagemen,
brakemen, train porters, yardmasters, switchmen, towermen, switch tenders, and such
other grades as may be required.
All applications for employment must be made in duplicate on F orm ------, two
copies of which will be furnished to such applicants as superintendents or other
employing officers may select; the blanks must be carefully and correctly filled, and
all questions must be answered; all answers must be in ink, the application in the
handwriting of the applicant, and each voucher in the handwriting of the signer
thereof; applications executed or dated, or the vouchers of which are executed or
dated, more than 30 days before the date of filing will not be accepted.
When both copies of the application blank are filled out they shall be delivered
to the employing officer from whom received, by whom they shall be examined.
If both copies are in correct form they shall be returned to the applicant, together
with an order on Form — , addressed to a company’ s examining surgeon, directing
that a physical examination be made. The applicant will deliver both copies of the
application blank, together with the order, to the surgeon designated, who will con
duct the examination and certify to the result in the place provided upon the blanks
therefor, sending one copy to the employing officer signing the order for examina
tion and the other copy to the chief surgeon direct.
If the report of the examination be satisfactory to the chief surgeon, he will for
ward his copy of the application to the chief claim agent for file; if he does not
approve the findings he will advise the superintendent of the division immediately
of his exceptions and communicate with the examining surgeon.
An examination fee of $1 is paid by the company, in all cases, to the surgeon con
ducting the examination. Employing officers in charge of pay rolls are instructed
to deduct $1, examination fee, upon the pay rolls in favor of the company, from the
first month’ s wages of all applicants accepted and assigned to service. The examina
tion fee of rejected applicants, or those who may not be given employment, will be
borne by the company.
Person^ of the various grades named may be allowed to enter the service on pro
bation after they have passed a satisfactory physical examination; but no applicant
will be considered an accepted employee until the superintendent has affixed his
written approval to the application, of which notice will be given to the applicant.
Questions.
1. For what position do you apply?
2. What is your name in full? (Give your first name in full, your middle initial or
initials, if you have any, and your surname in full.)
3. (a) Where were you born?
(6) What was the month, day, and year of your birth?
\ c ) What was your age on your last birthday?
4. What is your actual residence?
5. (a) Are you married or single? (If married, give your wife’ s first name and her
residence.)
(b) If you are not married, give the residence of your parents or other nearest
living relative, specifying relationship.
6. Are any persons dependent upon you for support, or do you contribute to the
support of any persons? (If you answer yes, give their names, relation
ship, and address.)

RAILW AY EMPLOYEES IN THE UNITED STATES.

1029

7. What is vour height?
What is your weight?
What is color of your eyes?
What is color of your hair?
8. Are you employed at present?
In what capacity?
By whom?
Address of employer.
9. Where did you last work?
In what capacity?
What was name of employer?
Address of employer.
What caused you to leave such employment?
10. (a) Are you addicted to the use of intoxicating liquors, morphine, or opium?
(b) Have you ever been addicted to the use of these articles?
11. (a) Have you ever been in the employ of th e ---------railroad company?
(b) If so, give location, capacity, and date.
(c) Cause of leaving such employ.
12. (a) Have you ever before made application to this road for employment?
(Give date and to whom.)
(b) Have you been subject to physical examination by any surgeon of this com
pany? (Give name of surgeon.)
( c) Were you accepted or rejected?
13. (a) Is your eyesight good?
( b) Can you distinguish colors?
( c) Is your hearing good?
(d) Are you in sound health?
14. Have you any relations in the service of this company? (Give name, relation
ship, position, and location.)
15. State in proper form below what railroad experience you have had:
(a) Name of railroad.
( b) City or town at which employed.
( c) Name of State.
(d) Name and present address of employing officer.
(e) Your occupation in such service.
(/) Date you entered such service.
(g) Date you left such service.
16. Have you ever been dismissed from any situation? (Give particulars as to num
ber of times, when, and where.)
17. Have you ever been injured? (Give place and time and extent of injury.)
18. Have you now or have you ever had any litigation with any railroad company?
(Give particulars.)
I do hereby make application for employment in the service o f ------------------- , and
accept all the conditions under which this application is made; and if employment
is obtained I agree to assume all the risks and dangers incident thereto and to abide
by the rules of said company.
(Sign h e re )------------------- .
My present address i s ---------.
Dated a t ---------this — day o f -------, 190—.
N o t e . —The following oath must be taken before an officer authorized to administer
oaths for general purposes:
State o f ---------, County o f ---------, ss.:
Before me, the undersigned, this day personally appeared------------------- , who,
being first duly sworn, upon his oath doth say that he is the person described in the

1030

BULLETIN OF THE DEPARTMENT OF LABOR.

foregoing application; that the answers given are in his own handwriting; that the
name signed by him thereto is his own, and that each and every answer and state
ment made in the foregoing application is true.
Sworn and subscribed before me this — day o f ---------, 190—, a t ---------, County of
---------, and State o f --------- .
[seal.]
(Signature of officer) ---------------------------- .
(Official title )---------.
Every applicant must furnish certificates from not less than two citizens, who must
be at least 21 years of age, and who are personally acquainted with the applicant.
Certificates will not be accepted from the father, mother, sister, brother, husband,
wife, or child of the applicant, and not more than one certificate will be accepted
from a relative of a more remote degree.
VOUCHER NO. 1 . — CERTIFICATE OF CHARACTER.

I, the undersigned, a citizen and more than 21 years of age, hereby certify and
declare upon my honor, that I am by occupation a ---------; that I now reside in
---------, County o f --------- and State o f --------- , having resided there since-------- , 190— ;
that I am personally acquainted with ---------, the applicant hereon, and that the
answers made by me to the following questions are in my own handwriting, and are
true to the best of my knowledge and belief:
Questions.
1. How long have you been acquainted with the applicant?
2. Are you related to him? (If so, give the degree of relationship.)
3. Is the applicant addicted to the use of intoxicants, morphine, or opium?
4. Has the applicant ever been addicted to the use of these articles?
5. Is the applicant of good moral character and repute?
6. Are you aware of any circumstances tending to disqualify the applicant for the
service he seeks?
7. Would y@u, yourself, trust the applicant with employment requiring honesty
and reliability?
Date ■ ■ — , 190—.
(Signature)------------------- ,
(Address)---------.
SURGEON^ CERTIFICATE OF EXAM INATION.

To be filled out after a personal examination of the applicant, and signed by the
company’ s examining surgeon at any o f the following points (here follow the names
of 26 of the main stations on the company’ s lines).
Report of the result of personal examination by me of Mr.--------(The applicant must sign his name above in presence of surgeon.)
Applicant for position of---------.
1. When placed at a distance of 20 feet from the test types, the last five letters read
carefully by the applicant are:
Left e y e ---------.
Right eye---------.
2. (a) The applicant selects skeins numbered as follows, as being the same color
as test skein ( A ) : ---------.
(6) The following as being the same color as test skein (B ): -------—.
(c) The following as being the same color as test skein (C ): ---------.
3. The applicant hears the tick of the watch with the right ear a t ---------inches;
with the left ear a t ---------inches. For ordinary conversation at a distance of 20 feet,
hearing i s -------- (expressed in fractions).

RAILW AY EMPLOYEES IN THE UNITED STATES.

1031

I hereby certify, that having examined the visual power, color perception, and
sense of hearing of the applicant herein, and his physical condition in general, I
find him | ^ ^ a li f ie d } to ^

the position o f ---------.

I certify further that there is

evidence of his having been successfully vaccinated, and that he is not suffering from
any disease or disability, nor does he manifest any evidence of an abuse of intoxicat
ing liquors.
Disqualifying defects------- .
Defects that do not disqualify---------.
(Signature of surgeon making examination)-------------------,
Surgeon a t ---------.
Date of examination,------- , 190—.

Very minute instructions are given to the surgeons conducting the
physical examinations and very accurate tests have been worked out
on the basis of railroad experience to test color perception and other
necessary physical qualifications. These tests are uniformly applied
under carefully printed instructions issued to all examining surgeons
for any one company and are quite similar for all railroad companies
with high standards. The examinations for promotion in the service
are often more minute and severe than those indicated above for
entrance into the service, because most roads do not employ new men
at all except in the lower grades. It will be noted that the above appli
cation blanks in present use on one large railroad lay particular stress
upon a man’s previous employment and make ample provision for
opportunity to get at his previous record. Since the great railroad
strike of 1894 the railroads centering in Chicago and recently many
others demand a 64 clearance card” or paper stating record and cause
of discharge signed by an official of the road with which he last
worked. This practice has been denounced by railroad employees as
a conspiracy on the part of the roads to prevent men who have gone
out on a strike or who are members of tabooed labor organizations
from getting employment. The matter has been brought up in court
in the so-called blacklisting cases (a), but thus far the courts have held
the clearance card to be legal, and even if it were not required the
information demanded by the above blanks would furnish ample clues
to a man’s previous employer, from whom such information could be
readily obtained. By comparison of the grades of service for which
the above blanks are intended, with the total number of railway
employees of these grades in the United States in 1900, as given on
page 1026, it will be seen that these tests and qualifications cover about
388,666 employees, or over 38 per cent of the grand total of railway
employees in the country. The remaining 62 per cent comprise about
23 per cent of general officers, office clerks, and skilled mechanics in
various trades whose qualifications are the same as in the business
world generally, and 39 per cent of the grand total who are ordinary

a See page 1063 et seq.

1032

BULLETIN OF THE DEPARTMENT OF LABOR.

unskilled laborers, for whom the sole qualifications are physical
health and willingness and ability to perform manual labor.
For all employees except the unskilled day laborers the railways of
the United States demand men who have a good common-school edu
cation as a general basis. They then require the major part of their
employees to work their way up through the lower grades of the serv
ice, familiarizing themselves by actual experience in the service with
the needs of the better paid positions for which they have special apti
tude and natural ability. College graduates frequently begin in train
service as firemen on freight engines. The better general training and
education a man has before entering railway employment the more
rapid is apt to be his advancement.
Freedom from the use of intoxicating liquors is very generally
demanded and enforced. Some roads have recently established rules
against the employment of habitual cigarette smokers, on the ground
that such men are physically incapacitated for railway employment by
a disordered nervous system.
The age qualifications have changed greatly in recent years, and are
now uniformly lower than they were 10 years ago. It is now difficult
for anyone over 35 years of age to enter railway service without pre
vious railway experience, and many roads do not employ new men at
all over this age. On this point, as well as on the relation of the vari
ous grades as indicated in the order of advancement or promotion, the
practice of American roads may be studied from a few typical replies
from the officers of important railway systems when asked concerning
the requirements for admission to the various grades of the service.
Four replies, which represent roads operating a total of 19,225 miles
of line and employing 172,384 men, and which may be considered fairly
typical of general conditions, are as follows:
REQUIREMENTS FOR ADMISSION TO R A ILW A Y EMPLOYMENT.

[This railway company operates 1,476 miles of line and employs 8,000 men.]

Enginemen: Promote from firemen. (Do not employ.)
Firemen:
Not under 21 or over 27 years of age.
Physically—robust.
Physical proportion—normal.
Health—good.
Eyesight—perfect.
Hearing—perfect.
Character—good.
Habits—free from dissipation.
Education—at least common school.
Conductors: Promote from brakemen. (Do not employ.)
Brakemen: Same as for firemen.
Mechanics (machinists, carpenters, masons, blacksmiths, etc.):
Competent (demonstrated by trial).
Not over 35 years of age.

RAILW AY EMPLOYEES IN THE UNITED STATES.
Physically—robust.
Physical proportion—normal.
Health—good.
Eyesight—good.
Hearing—good.
Character—good.
Habits—free from dissipation.
Education—sufficient.
Station agents: Promote from telegraph operators, clerks, etc.
Clerks:
Competent (demonstrated by trial).
Health—good.
Eyesight—good.
Hearing—good.
Character—good.
Habits—free from dissipation.
Education—sufficient.
Telegraph operators:
Competent (demonstrated by trial).
Health—good.
Eyesight—good.
Hearing—good.
Character—good.
Habits—free from dissipation.
Education—sufficient.

1038

(Do not employ.)

REQUIREMENTS FOR ADMISSION TO R AILW A Y EMPLOYMENT.

[This railway company operates 4,996 miles of line and employs 31,996 men.]

Transportation and machinery departments.—Applicants for employment must be of
sound health, free from physical, mental, or moral infirmities, and produce satisfac
tory evidence of previous record, character, and ability. Employees will be selected
from applicants whose character, intelligence, physical capacity, and general appear
ance indicate that their services will be efficient and satisfactory, and who are likely
to develop ability sufficient to merit advancement in the service. For positions
above that of laborer, no person will be employed who can not read and write the
English language, or who does not possess a knowledge of the rudiments of arithme
tic. Persons deficient in hearing, visual power, or color perception shall not be
employed in any branch of the service involving the use of signals, or the movement
of engines or trains. Minors shall not be employed in train, yard, or engine service.
Employees dismissed from the service will not be reemployed without the consent of
the head of the department or division from which dismissed, and the approval of
the assistant general superintendent. Applicants for reemployment or reinstate
ment must undergo the same examinations as applicants for employment, and as
covered by the rules of the surgical department relative to physical examinations.
Road department.—The majority of the employees in this department are common
laborers, and there are no special requirements for admission to the service other
than physical ability to perform the labor required, and being of the age of 21. In
selecting men for the higher grades of service, we select those wrho have a technical
education to fit them for the requirements of the position, and they are also usually
required to come up through the lower ranks, which, of course, gives them the
necessary experience.

1034

BULLETIN OF THE DEPARTMENT OF LABOR.
REQUIREMENTS FOR ADMISSION TO R AILW A Y EMPLOYMENT.

[This railway company operates 5,036 miles of line and employs 16,088 men.]

Enginemen and trainmen.—Men are required to pass a physical examination, includ
ing eye and ear, and must pass a satisfactory examination on the company’ s trans
portation rules. Each employee is furnished with a book of rules.
Operators.—In addition to being competent, telegraphers are required to pass
satisfactory examination upon the book of transportation rules so far as it affects the
duties of their positions.
Employees in all other departments are not required to pass examinations, their
duties being largely clerical, general efficiency governing.
REQUIREMENTS FOR ADMISSION TO R AILW A Y EMPLOYMENT.

[This railway company operates 7,717 miles of line and employs 116,300 men.]

Applicants in order to obtain positions in the employ of the company are required
to be under 35 years of age, and the qualifications and the requirements necessary to
enable them to secure employment vary in the different departments according to
the nature of the work or service to be performed. Applicants for clerkships, etc.,
are generally required to pass a satisfactory examination in arithmetic, penmanship,
composition, etc.
Applicants for positions in the train service must have certain physical quali
fications, and also have good eyesight, “ color sense,” hearing, intelligence, etc.
Appointments to mechanical positions in shops, etc., are selected from mechanics
who are skilled in their respective trades, and have thorough knowledge of the
machinery or work upon which they will be employed. Maintenance of way forces,
etc., and lower grades of manual laborers are not required to have any special quali
fications, other than to be physically able to perform the work assigned to them.

From what has already been said it will be seen that railway service
is exacting in its initial requirements and must appeal chiefly to the
higher grades of ability in the labor world. It is a life work and to
be entered as such, not as a temporary occupation. Permanency is
well assured and the rewards are not incommensurate with the special
gifts it demands nor with the sacrifices it frequently entails.
WAGES AND WORKING HOURS.
The classification of railway employees as given in their enumera
tion above is not sufficiently minute to enable us to speak of average
wages in each occupation with any degree of accuracy. To do so
would require instead of 18 groups, as given in the statistics of the
Interstate Commerce Commission, probably several hundred groups.
Conditions vary greatly in so vast a territorial area as the United
States, and M r. William H. Baldwin, jr., president of the Long Island
Railroad, a man with large railroad experience in 27 States, is authority
for the statement that there is no standard wage for any class of rail
way labor for the whole country. The nearest approach to uniformity
in wages paid will be found in highly organized grades of service,
where, through organization, agreements and contracts are made with
most of the roads, and these influence others which do not recognize

1035

R AILW AY EMPLOYEES IN THE UNITED STATES.

the organizations. The chiefs of the railway brotherhoods stated in
their sworn testimony before the Industrial Commission that in most
cases wages were fixed by joint agreement or contracts between the
railroads and the employees’ organizations. Such was stated to be the
case for as many as 90 per cent of the engineers employed throughout
the country, they having the best and most successful organization, (a)
An average wage, then, so far as data are available, for railway
employment will scarcely give more than a rough estimate of general
improvement and general decline in the remuneration of one general
class of employees as compared with another. It is not an accurate
estimate on which to base a judgment concerning the annual income of
an individual member of any one of the general groups mentioned.
The Interstate Commerce Commission presents the following table in
its statistical report for 1900, giving a comparative summary of aver
age daily compensation of railway employees by general classes for the’
years ending June 30, 1892 to 1900:
AVERAGE DAILY WAGES OF R AILW AY EMPLOYEES, BY CLASSES, FOR THE YEARS
ENDING JUNE 30, 1892 TO 1900.
Class.

1892.

General officers..................................... |$7.62
Other officers...........................................
General office clerks.............................. J 2.20
Station agents......................................... 1.81
Other station m en.................................. 1.68
Enginem en............................................. 3.68
Firemen.................................................... 2.07
3.07
Conductors..............................................
1.89
Other trainmen.....................................
2.29
Machinists..............................................
2.08
Carpenters..............................................
1.71
Other shopmen.......................................
Section foremen.....................................
1.76
1.22
Other trackmen.....................................
1.78
Switchmen, flagmen, and watchmen
Telegraph operators and dispatchers 1.93
Employees—account floating equip
ment ...................................................... 2.07
1.67
All other employees and laborers. . .

1894.

1895.

1896.

1897.

1898.

$7.84 f$9.71
\ 5.75
2.23
2.34
1.83
1.75
1.65
1.63
3.66
3.61
2.04
2.03
3.08
3.04
1.91
1.89
2.21
2.33
2.02
2.11
1.75
1.69
1.75
1.71
1.22
1.18
1.80
1.75
1.97
1.93

$9.01
5.85
2.19
1.74
1.62
3.65
2.05
3.04
1.90
2.22
2.03
1.70
1.70
1.17
1.75
1.98

$9.19
5.96
2.21
1.73
1.62
3.65
2.06
3.05
1.90
2.26
2.03
1.69
1.70
1.17
1.74
1.93

$9.54
5.12
2.18
1.73
1.62
3.65
2.05
3.07
1.90
2.23
2.01
1.71
1.70
1.16
1.72
1.90

$9.73 $10.03
5.21
5.18
2.25
2.20
1.74
1.73
1.60
1.61
3.72
3.72
2.09
2.10
3.13
3.13
1.95
1.94
2.29
2.28
2.02
2.03
1.72
1.70
1.69
1.68
1.16
1.18
1.74
1.77
1.92
1.93

1.91
1.65

1.94
1.65

1.86
1.64

1893.

1.96
1.70

1.97
1.65

1.89
1.67

1899.

1.89
1.68

1900.
$10.45
5.22
2.19
1.75
1.60
3.75
2.14
3.17
1.96
2.30
2.04
1.73
1.68
1.22
1.80
1.96
1.92
1.71

The commission calls attention to the practice of American rail
ways in recognizing two measurements for a day’s work, the one being
the number of hours per day and the other the amount of work accom
plished. This is practically the same as in all industries where some
men are paid by the day wage and others by piecework. For most
trainmen in railway service the measure of a day’s work is the number
of miles run, in some cases 80 miles constituting a day’s employment
a Messrs. E. E. Clark, grand chief conductor of the Order of Railway Conductors,
and P. H. Morrisey, grand master of the Brotherhood of Railroad Trainmen, have
published a handbook of over 375 pages giving the rates of pay and regulations gov
erning employees in train and yard service on the principal railroads of the United
States, Canada, and Mexico. It contains much interesting information. Published
at Cedar Rapids, Iowa, 1900.

351—No. 37—01------2

1086

BULLETIN OF THE DEPARTMENT OF LABOR.

for engineers and firemen, in others 100 miles. This measurement
varies for some roads, but the average daily compensation for the
distance agreed upon is that used in the calculation of the above table.
The commission states specifically in commenting on its own tables
“ that the average daily compensation of a locomotive engineer can not
be compared with that of a machinist or a carpenter paid on the basis
of time. In the case of shop employees, also, a similar condition
presents itself, since some of these employees are paid by piecework;
others are regularly employed at a given sum per month, per day, or
per hour. In this case, however, there is no serious difficulty in the
matter of comparison, because the conditions of employment are such
that the rates of pay tend to equalize themselves for a given amount
of service, whether computed by the piece or by the day.” The
commission also states in justification of its statistics that “ from the
point of view of the railway manager, these data, kept in a uniform
manner from year to year, are significant when placed in comparison
with the amount received for traffic; it is of importance to the railway
employee as indicating the trend in average wages in the railway
service.”
The question of average hours of labor of railway employment is
scarcely less perplexing than that of average wages. The nature of
the service makes hours necessarily irregular in normal operations of
railroad traffic. Emergencies frequently occur, due to accidents or
condition of weather, when men may be required to work continuously
from 20 to 80 hours, and in exceptional cases men have been continu
ously at work in train service for 86 hours. O f course this is neither to
the interest of the men nor the road, and both parties to the labor con
tract desire toiavoid such occurrences. Considerable testimony before
the Industrial Commission from both railway managers and brother
hood officials showed that 10 hours constitutes a normal day for train
men; those of firemen have been reduced from about 12 to 10, and the
normal day for telegraphers and yardmen is about 12 hours. Track
men complain most of long hours. In the South and W est they usu
ally work from sunrise to sunset and in most other sections from 10
to 11 hours a day. The track foremen, however, are usually held
responsible for the condition of the track at all hours, and in bad
weather frequently call out gangs of men*to repair the track outside
of regular working hours or during the night, and in many cases with
out pay for overtime. The feeling of the labor organizations among
railroad men is clearly stated in the following joint statement (a) of
the chief officers of the railway brotherhoods:
The necessity of changing train and engine crews at established
points where terminal facilities are provided renders it impracticable to
a See Report of the Industrial Commission, Volume IV, page 761.

1037

RAILW AY EMPLOYEES IN THE UNITED STATES.

arbitrarily fix the hours of labor of train and engine men. W e think
the hours of labor of yard and office men should be shortened, and we
think they could reasonably be fixed by law. For train dispatchers
and yard employees in large or busy yards, 8 hours should constitute a
day. In all other classes of service 10 hours should be recognized as a
day’s work, and all time on duty in excess of 10 hours for a day’s pay
should be paid for as extra or over time. W e should suggest an act
specifying the legal workday as above and legalizing claims for extra
pay for extra hours worked.
Inasmuch as the protection of the public demands that accidents
caused by overwork or over-fatigued employees in the transportation
service shall not occur, there has been considerable legislation in sev
eral States on the subject of hours of labor for railway employees.
Ten hours is a legal day’s work for all classes of railway emploj^ees in
New York, Ohio, and Minnesota. Several States have statutes pro
viding that railway employees shall not be compelled to work more
than a specified number of continuous hours, after which there must
be a specified period of rest. Thus in Georgia 13 hours is the maxi
mum, after which 10 hours’ rest must follow, unless trains are delayed
by casualties or other causes; in Florida, 13 hours maximum, after
which 8 hours’ rest; Ohio, 15 and 8; Colorado, 18 and 8; in Minnesota,
18 hours, at any time, during one day is permitted, and 20 hours,
except in case of casualty, is the maximum, without being fqllowed by 8
hours of rest; New York and Michigan, 21 and 8; (a) and in Nebraska
18 consecutive' hours is the maximum, after which 8 hours for rest
must follow.
The representatives of 5 organizations of railway employees, assem
bled at Carnegie, Pa., on July 4, 1899, to the number of 2,300 men,
adopted resolutions which they sent to the President of the United
States and to both Houses of Congress, petitioning for legislation to
restrict the hours of labor of employees in the transportation depart
ment of interstate railroads to 8 out of 24.
The following are a few typical replies from leading railroads in
answer to questions concerning the average length of the working day
in specified grades or departments of service, and also concerning the
average daily wages of men employed in the same:
AVERAGE HOURS OF LABOR AND WAGES PER DAY, BY DEPARTMENTS.
[This railway company operates 2,306 miles of line and employs 22,366 men.]

Department.

Car department...........................................................................................................................
Transportation department.....................................................................................................
Motive-power department.......................................................................................................

Average
hours
per day.

10 h
10h

a See Report of the Industrial Commission, Volume V, page 27 et seq.

Average
wages
per day.
$1.82
1.93
2.26

1038

BULLETIN OF THE DEPARTMENT OF LABOR,

AVERAGE HOURS OF LABOR AND WAGES PER DAY, BY CLASSES OF OCCUPATIONS.
[This railway company operates 1,476 miles of line and employs 8,000 men.]
Average Average
hours
wages
per day. per day.

Class.

Clerks..............................................................................................................................................
Agents......................................................................................................... .................................
Other station m en ......................................................................................................................
Enginemen...................................................................................................................................
Firem en........................................................................................................................................
Conductors...................................................................................................................................
Other trainmen............................................................................................................................
Machinists.....................................................................................................................................
Carpenters.....................................................................................................................................
Other shopmen............................................................................................................................
Section foremen..........................................................................................................................
Other trackm en..........................................................................................................................
Switchmen, flagmen, etc...........................................................................................................
Operators and dispatchers.......................................................................................................

6 to
6 to
6 to
6 to

10
10
10
12
12
12
12
10
10
10
10
10
12
12

$1.81
1.54
1.56
3.83
2.15
3.30
2.07
2.28
2.03
1.80
1.46
1.00
1.22
1.62

AVERAGE HOURS OF LABOR AND WAGES PER DAY, BY CLASSES OF OCCUPATIONS.
[This railway company operates 2,288 miles of line and employs 12,889 men.]

In the clerical branch of the service the wrages, of course, vary from the office boy,
receiving from $10 to $15 per month, to the chief clerks and heads of departments at
greater rates of pay. Time of service, 8 hours per day. In the maintenance-of-way
or engineering department the working day is 10 hours per day, and the wages of
day laborers is $1.25 per day. In the mechanical department the average working
day is from 9 to 10 hours, and the daily wages average $1.65. In the train service
trainmen, locomotive engineers, and firemen are paid by the miles run, and average
from $55 to $£>0 per month for brakemen, $75 to $140 per month for conductors, $65
to $100 per month for firemen, and $90 to $175 per month for engineers.
AVERAGE HOURS OF LABOR AND WAGES PER DAY, BY CLASSES OF OCCUPATIONS.
[This railway company operates 1,249 miles of line and employs 5,095 men.J

The average length of the working day in the operating department is 10 hours.
In the mechanical department a shop day is 10 hours, an office day 8 hours, and
the average day for enginemen is less than 8 hours, although there are some enginehouse men who wTork 12 hours.
AVERAGE HOURS OF LABOR AND WAGES PER DAY, BY CLASSES OF OCCUPATIONS.
[This railway company operates 5,826 miles of line and employs 21,055 men.
working days for all grades, 10 hours.]
M o in

Class.

Num
ber.

Average length of

branch.
Average
daily
wages.

branch?

Num
ber.

Average
daily
wages.

Num
ber.

31
64
62
37
43
32
61
19
24
166
57
347
68
16

$1.85
1.69
1.26
3.63
2.16
3.33
2.09
2.66
2.28
1.77
1.46
1.12
2.42
2.32

$1.89
1.74
1.55
3.70
2.22
3.35
1.98
2.84
2.24
1.85
1.66
1.16
2.29
2.46
2.24
1.50
1.87

General office clerks...........................................
Station agents......................................................
Other station m e n ..............................................
Enginemen...........................................................
Firem en.................................................................
Conductors............................................................
Other trainmen....................................................
Machinists.............................................................
Carpenters.............................................................
Other shopmen....................................................
Section forem en..................................................
Other trackm en..................................................
Switchmen, flagmen, and watchmen............
Telegraph operators and dispatchers............
Employees—account floating equipment. . .
All other employees and laborers...................

330
461
866
430
441
456
1,125
273
498
1,492
543
2,953
608
276

$1.91
1.98
1.62
3.68
2.21
3.31
1.97
2.72
2.31
1.93
1.51
1.15
2.17
2.25

1,419

1.62

1.64

352
262
590
283
317
238
646
162
358
1,087
324
1,473
334
178
41
1,121

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

12,171

1.88

1,118

1.76

7,766

Average
daily
wages.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1039

AVERAGE HOURS OF LABOR AND WAGES PER DAY, BY CLASSES OF OCCUPATIONS.
[This railway company operates 6,066 miles of line and employs 32,544 men.]

Track labor, 10 hours per day. Trackmen receive on an average $1.25 per day,
or about $360 per year.
Station labor, 10 to 12 hours per day. The pay of station labor varies in small
towns from $1.25 per day to New York City, at $1.70 per day. The average annual
income is about $360, and in New York City about $540.
Train employees’ hours of duty vary with the runs. These employees are paid by
the mile at various rates, passenger trainmen averaging per annum about $600; freight
brakemen, about $700; passenger conductors, about $1,200; freight conductors, about
$900; firemen, about $840, and enginemen, about $1,500.
In our shops machinists receive from 13| to 28 cents per hour, and average about
$720 per year.
Machinists’ helpers receive from 12 to 18 cents per hour, and average about $480
per year.
Lathemen receive from 17 to 25 cents per hour, and average about $700 per year.
Boilermakers receive from 15 to 30 cents per hour, and average about $750 per year.
Boilermakers’ helpers average from 11 to 18 cents per hour, and average about
$480 per year.
Blacksmiths receive from 14 to 30 cents per hour, and average about $740 per year.
Tinsmiths receive from 20 to 23 cents per hour, and average about $750 per year.
Plumbers receive 23 cents per hour, and average about $745 per year.
Gasfitters receive 18 to 25 cents per hour, and average about $700 per year.
Carpenters receive 20 to 23 cents per hour, and average about $725 per year.
Painters receive 19 to 24 cents per hour, and average about $700 per year.
Pattern makers receive 23 to 25 cents per hour, and average about $750 per year.
Their hours vary with the amount of work to be done. Overtime is allowed after
10 hours, and is paid for at time and one-half.
AVERAGE HOURS OF LABOR AND WAGES PER DAY, BY CLASSES OF OCCUPATIONS.
[This railway company operates 636 miles of line and employs 2,654 men.]
Class.

Average
hours
per day.

12
Station agents.............................................................................................................................
Other station m en......................................................................................................................
12
Engineers.....................................................................................................................................
10
Firemen........................................................................................................................................
10
11
Conductors...................................................................................................................................
11
Other trainmen...........................................................................................................................
10
Machinists...................................................................................................................................
Carpenters...................................................................................................................................
10
Other shopmen...........................................................................................................................
10
Section foremen.........................................................................................................................
10
Other trackmen.........................................................................................................................
10
Switchmen and flagm en.........................................................................................................
10
Operators and dispatchers....................................................................................................... 12 and 8
Other employees........................................................................................................................
10

Average
daily
wages.
82.51
1.98
4.10
2.80
3.78
2.85
3.16
2.75
2.15
2.04
1.51
2.61
2.52
2.36

TOTAL YEARLY EARNINGS AND AVERAGE DAILY WAGES, BY CLASSES OF OCCUPATIONS.
[This railway company operates 2,037 miles of line and employs 25,318 men.]
Class.

Total yearly
earnings.

General office clerks...........................................................................................................
Station agents......................................................................................................................
Other station m en..............................................................................................................
Enginemen...........................................................................................................................
Firemen.................................................................................................................................
Conductors...........................................................................................................................
Other trainm en..................................................................................................................
Machinists...........................................................................................................................
Carpenters............................................................................................................................
Other shopmen....................................................................................................................
Section foremen..................................................................................................................
Other trackmen..................................................................................................................
Switchmen, flagmen, and watchmen..........................................................................
Telegraph operators and dispatchers............................................................................
Employees—account of lighterage department.......................................................
All other employees and laborers.................................................................................

8630,464.65
568,053.35
4,251,765.12
1,192,663.25
652,593.20
761,072.00
1,351,270.00
422,858.05
748,980.25
1,197,408.20
452,294.40
1,747,883.55
776.426.30
323.031.30
198,797.55
976,277.03

Average
daily
wages.
82.13
1.97
1.85
3.82
2.08
3.29
2.00
2.36
2.23
1.92
2.33
1.49
1.49
1.91
1.70
1.69

1040

BULLETIN OF THE DEPARTMENT OF LABOR.

The average hours of labor per day were as follows: Trainmen, 10 hours; telegraph
service, 10 hours; trackmen and bridgemen, 10 hours; mechanics, 10 hours; laborers,
10 hours; station men, 11 hours; engineers and firemen, 8} hours.
AVERAGE HOURS OF LABOR AND WAGES PER DAY, BY CLASSES OF OCCUPATIONS.
[This railway company operates 2,183 miles of line and employs 5,241 men.]

Class.

Average
hours
per day.

Engineers..................................................................................................................................... ^
Firemen, w h ite ......................................... *............................................................................... i |
Conductors...................................................................................................................................
Trainmen, white........................................................................................................................
Operators.................................................................... .................................................................
Section foremen..........................................................................................................................
Station m e n .................................................................................................................................
Yardmen.......................................................................................................................................
Shopmen.......................................................................................................................................
Laborers........................................................................................................................................

9
9
10
10
12
10
12
12
10
10

Average
daily
wages.
$4.00
2.00
3.00
1.50
1.50
1.50
1.40
1.50
2.50
.90

The above 9 railroads operate a total of 23,567 miles of line, and
employ a total of 135,112 men. So far as wages are concerned, in
cases where comparisons can be made with the figures of the Inter
state Commerce Commission, the average of these replies do not vary
greatly from the figures quoted in the Commission’s statistics, but
serve to show somewhat the degree of variation in the data used in
making up the Commission’s more general average.
The question of wages is a much more debatable one and is apt to
cause more friction between employer and employee than that of hours.
Indeed, the latter usually resolves itself into a contest for pay for
overtime and therefore becomes in reality a question of wages. Not
withstanding numerous complaints, especially from the lower grades
of railroad labor, which claim to be underpaid, the general level of
wages in railroad employment is maintained with probably less varia
tion than in most departments of industry. During the trade depres
sion of 1893, which was felt by the transportation business, wage
reductions were not made except as a last resort, and some leading
railroad systems maintained their old rates throughout the period of
depression. Others reduced wages, but have since increased them to
the old rates or better ones.
W ith reference to the hours of labor, it is questionable whether
economic conditions and the present high.degree of intensity of service
wx>uld justify an 8-hour day as a standard for all railways of the
country. The facts of the case show that on fast express trains men
in the train service frequently work less than that at the present time,
some of them making good wages on the mileage basis with 5 or 6
hours working time per day. It is also clear that many economic
forces are at work in the transportation business to fix a day’s work
at or as near 10 hours as possible. This seems to be the point of
equilibrium at which the economic interests of both employer and
employee under existing conditions can best meet.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1041

SUNDAY WORK AND REST.
The peculiar conditions of railway traffic not only make long and
irregular hours often necessary, but require, especially in certain
branches of the service, a very considerable amount of Sunday work.
This is a frequent cause of complaint on the part of railway
employees. From replies received from the leading railway com
panies it is evident that it is the intention of such employers to limit
Sunday service to the necessities and requirements of their business.
There seems to be a very general recognition that such a policy is in
the interest of the labor force and must be carried out to guarantee
efficiency. The requirements of the service vary greatly on certain
roads. The following cases will serve as illustrations:
The Boston and Maine Railroad, employing over 22,000 men and
operating about 2,300 miles of line, reports that 10 per cent of its
employees in the car department, 25 per cent in the transportation
department, and 20 per cent in the motive-power department are
required to work on Sunday. Another railway company, employing
8,000 men, reports the following percentages required for Sunday
work: Enginemen, firemen, conductors, and brakemen, 20 per cent;
station agents, 50 per cent; clerks, 10 per cent; telegraph operators,
95 per cent. The Chicago Great Western Railway Company, employ
ing nearly 4,000 men, reports that about 35 per cent of its total
employees are required to work on Sunday. The Chicago, Indianap
olis and Louisville Railway Company, employing over 2,000 men,
reports 30 per cent. The Chicago, Rock Island and Pacific Railway
Company, employing 11,700 men, reports u probably less than 20 per
cent.” The Cleveland, Cincinnati, Chicago and St. Louis Railway
Company, employing 12,800 men, reports in the maintenance of way
and engineering department about 20 per cent; in the mechanical
department, which includes inspectors, repairers, car cleaners, and
roundhouse men, about 28 per cent, and in the train-service depart
ment about 25 per cent. The Illinois Central Railroad Company,
employing nearly 32,000 men, reports that all stations, warehouses,
and places for receipt or delivery of freight are closed on Sunday, and
practically none of the employees in these grades are required to be
on duty. In engine, train, and yard service, the requirements vary
according to the volume of business. In busy seasons it is customary
to move many trains; at other times but a small number. It is proba
ble that in engine, train, and yard service, one-half of the employees
are sometimes required to work on Sunday, the proportion being
greater in a heavy season and less in a light season. In the road
department probably 10 per cent of the employees work on Sunday.
Another Western road, employing 2,000 men, reports that 80 per cent
of enginemen and firemen, 50 per cent of station agents, practically

1042

BULLETIN OF THE DEPARTMENT OF LABOR.

all switchmen, flagmen, and watchmen, and 90 per cent of the tele
graph operators have Sunday work. Another Western road, employ
ing 5,000 men, reports that 20 per cent of all employees in the operat
ing department work on Sunday and about 15 per cent of those in the
mechanical department. Still another road, employing 17,500 men,
reports that 20 per cent of all employees, on the average, work on
Sunday; the Michigan Central Railroad Company, employing about
11,000 men, reports about 15 per cent; the New York Central,
employing 32,500 men, about 20 per cent; the Oregon Railroad and
Navigation Company, employing 3,700 men, about 50 per cent; the
Southern Railway, employing 25,000 men, about 10 per cent, and on
the Southern Pacific, employing 31,000 men, between one-fourth and
one-third of the total number of employees work Sunday, while on
the Texas and Pacific Railway, employing 5,600 men, about 20 per
cent are required for Sunday work.
It will be seen from the* above statements that there is considerable
variation in the demands of employers for Sunday work. The figures
quoted do not mean that so large a percentage are required to work
eveiy Sunday, but that for these men Sunday work is frequent and
probably of sufficient amount to warrant the conclusion that they do
not get, with any degree of regularity, one day’s rest in seven.
Many States have statutes regulating the observance of Sunday,
intended to protect the rights of all laborers to rest one day in the
week, but these statutes are usually liberally construed, especially with
reference to the transportation service. Railway presidents in their
testimony before the Industrial Commission, and practically all the
representatives of railway employees, admitted that there is a tendency
to increase Sunday traffic on most railways, because of the increased
mobility of population, which demands not only regular passenger
service, but additional service for excursions, and also because, of the
shipment of greater quantities of perishable freight. In Prussia a
recent law has been promulgated by the minister of public works apply
ing to the State railways, by which the hours of labor and of rest are
fixed as follows:
I f the duties require unremitting exertion and strict attention, the
daily average of the hours of labor of station agents, assistant station
agents, telegraphers, switching foremen, overseers, and switchmen
shall not exceed 8 hours, and the duration of a single task shall not
exceed 10 hours, while that of conductors and brakemen shall not exceed
14 hours, with certain minor exceptions. The daily hours of labor of
all train employees shall on the average for the month not exceed 11
hours daily, while the single task shall not exceed 16 hours, and long
hours may be required only when succeeded by proportionately long
terms of rest. The rest must be taken at home, as far as possible,

BAILW AY EMPLOYEES IN THE UNITED STATES.

1043

during the night. The daily average of hours for locomotive employees
for the month shall not exceed 10 hours, and in no single case exceed
11 consecutive hours. Every person steadily employed in the train
service shall have at least 2 days of rest per month; the period of rest
of the train and locomotive employees at their respective homes shall
not be less than 10 consecutive hours. The principles underlying this
Prussian law have been embodied successfully in some of the State
legislation in this country. The most effective remedy is legislation
providing a maximum number of hours per day, after which a specified
rest period is required, and also regulating the maximum number of
days per week or per month in which men may be employed, after
which a specified period of rest must be allowed.
Mr. Frank P. Sargent, grand master of the Brotherhood of Locomo
tive Firemen, in his testimony before the Industrial Commission, (a)
stated: u W e believe that there is manifest on the part of the railways
a disposition to be as fair and equitable in the establishment of hours
of labor for train-service employees as is practicable with the business
to handle. There has been a disposition manifested on the part of the
railroad companies to abolish Sunday work just as far as they can do
it, and there is a great deal less Sunday work done to-day than there
was 5 or 6 years ago. The organizations have gone on record as
against Sunday labor. The men want Sunday to be with their fami
lies; they think they should have it; they believe when they have
worked 6 days there should be a day for rest, and that should be on
Sunday. A t the same time, they realize that there is a certain demand
of the public which the railroad companies must respond to.” Mr.
Sargent also pointed out that in the New England States very little
Sunday work is done, while railroad men in the W est are pretty gen
erally engaged on Sunday.
The representatives of 5 of the railway employees’ brotherhoods and
orders signed a joint statement, in which they said that “ the running
of trains on Sunday should be abolished as far as practicable.” Mr.
A . B. Stickney, president of the Chicago Great Western Railway
Company, along with several other railway presidents, stated clearly
in his testimony before the Industrial Commission that it is the pur
pose of the railroads to reduce Sunday labor as much as possible. The
question of abolishing it altogether was discussed by President Calla
way, of the New York Central, and President Cowen, of the Balti
more and Ohio, who maintained that it would not be possible. Many
other witnesses pointed out the ways in which such restrictive legisla
tion as already exists is evaded, as for example by attaching one car
of perishable freight or a car of animals, which would suffer if left
standing, to a train composed of goods the transportation of which
a See Report of the Industrial Commission, Volume IV, page 86.

1044

BULLETIN OF THE DEPARTMENT OF LABOR.

would be prohibited by law in some States. Mam^ of the representa
tives of the railway companies assert that no legislation on this sub
ject is wise, and the matter may be safely left to be regulated bjTthe
interests of the companies, which they state to be opposed to unneces
sary Sunday labor. On the other hand, the economic motive, at least
in its narrower construction, seems to many employers to justify the
operation of the road 7 days in the week if the business can be obtained.
This has reference, of course, to the mechanical part of the railroad’s
equipment rather than to its labor force. Mr. William Bender W ilson,
superintendent of the Mantua Transfer of the Pennsylvania Railroad
Company, and author of the History of the Pennsylvania Railroad
Company, who has had under his direction a large force of men engaged
in the handling of freight, has measured in tons the amount of freight
handled on successive days after the seventh day of continued service.
He took specified groups of men and calculated the number of tons
per man handled on the eighth, ninth, and tenth days, respectively,
after the seventh, eighth, and ninth days, respectively, of continuous
service and compared these with the amount handled by the same
groups of men on successive days after 6 days of* continuous service
and 1 day of rest. He was led to the conclusion that “ whenever labor
has been employed on Sunday after 6 days previous employment, its
productive value on the following Monday decreased not less than 10
per cent, and as day was added to day the reduction of capacity con
tinued to increase.” He has also said that the results of his observa
tion indicated that the shrinkage in productive capacity affected both
quantity and quality of work done.
COMPENSATION FOR OVERTIME.
In discussing the question of wages and working hours we have
already seen that the controversy over the matter of working over
time resolves itself frequently into a question of wages or pay for
overtime. Most railroads allow pay for overtime to certain classes of
employees, either at regular or at higher rates. A t the same time
other classes of employees are not allowed pay for it, although fre
quently called upon to work overtime.
Where the pay is on the
piecework basis the question of overtime rarely enters, although here
also there is sometimes a dispute, because the nature of the business
requires frequent excessively long periods of work. Railway employ
ees as a class feel the strain of overtime demands more than those in
most departments of industry. The views of the men as represented
in their labor organizations (a) and in the individual replies which
employees of all classes made to the Industrial Commission may be
a See also in this connection the testimony of Mr. H. R. Fuller, legislative repre
sentative of the leading brotherhoods, Report of the Industrial Commission, Volume
IX , page 8 et seq.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1045

summed up as follows: Overtime, resulting in excessively long hours,
should be prevented, if possible, by requiring the roads to employ
sufficient men to meet the demands of busy seasons, and all other
demands except those arising from accidents and unforeseen emergen
cies. A ll overtime should be paid for at the regular rates, if occur
ring during the daytime or ordinaiy working day, and at time-andone-half rates if at night or on Sunday. Man}" of the roads do this at
the present time; others do not. The existing practice may be gath
ered from the following statements: The Atchison, Topeka and Santa
Fe system, employing 31,000 men, pays for overtime in certain
branches of its service, chiefly the operating department, at the reg
ular rates as a rule. The Boston and Maine Railroad, employing
over 22,000 men, does not allow overtime in the car department
except in cases of wrecks, when the men are paid 25 per cent
extra. It does allow overtime in the transportation and motive-power
departments at regular rates. Overtime at the regular rates for all
employees outside of the general office force is allowed on the Bur
lington, Cedar Rapids and Northern Railway, the Chesapeake and
Ohio Railway, the Cleveland, Cincinnati, Chicago and St. Louis Rail
way, the Delaware, Lackawanna and Western Railroad, the Lake
Shore and Michigan Southern Railway, the Michigan Central Rail
road, the Minneapolis, St. Paul and Sault Ste. Marie Railway, the
New York Central and Hudson River Railroad, the Southern Railway
Company, the Pennsylvania Railroad, the Denver and Rio Grande
Railroad, the Colorado and Southern Railway, the New York, New
Haven and Hartford Railroad Company, and the International and
Great Northern Railroad. The last-named road allows pay for extra
time at regular rates, except to agents, whose pay is adjusted so as to
cover extra time. A number of the roads make no allowance for
extra time for operators, station men, and section foremen. This is
true of the Plant System, the Rio Grande Western Railway, the Kan
sas City, Fort Scott and Memphis Railroad, the Delaware and Hudson
Company, the Chicago Great W estern Railway, the Chicago and
Eastern Illinois Railroad Company, and doubtless this rule holds
true of many other roads where the question was not answered spe
cifically.
The Illinois Central Railroad Company is a notable exception, in
that it pa}^s nearly all classes of men for extra time, usually at the reg
ular rates, except the men in shops, who are paid one and one-half time
for all extra time worked between the hours of 6 p. m. and 7 a. m. and
on Sundays; all regular section men are paid extra time for all labor
performed over 10 hours per day, at the rate of one and one-half time,
and at the same rates for Sunday labor. It is quite customary to pay
shopmen at the higher rate of one and one-half time for extra work.
In the transportation department this is rarely the practice. The

1046

BULLETIN OF THE DEPARTMENT OF LABOR.

practice of the Missouri Pacific Railway Company, which employs
over 21,000 men, is also somewhat exceptional, in that it allows extra
pay for overtime in excess of 10 hours per day to operators, trainmen,
yardmen, and all additional employees except a few who work 11 and
12 hours per day. Office labor is on the basis of an eight-hour day,
and overtime is exceptional, although when required is not paid for.
Many roads have a schedule prescribing a different rate of pay for
overtime for different-classes of employees. Thus the Rio Grande
Western Railway pays station men, other than station agents, 10 per
cent of the day rate per hour; engineers, 30, 39, and 40 cents per
hour; firemen, 25 and 261 cents per hour; conductors, 35 cents
per hour; other trainmen, 25 cents per hour; machinists, carpenters,
and other shopmen, 15 per cent of the day rate per hour; trackmen,
other than section foremen and miscellaneous employees, 10 per cent
of the day rate per hour; and switchmen and flagmen, 25 and 29 cents
per hour. The New York Central and Hudson River Railroad Com
pany allows shop employees overtime after 10 hours, and pays them
at one and one-half rate. The Southern Pacific Company has a pro
vision for trainmen by which, when delayed over 2 hours, they are
paid for overtime, and in computing delayed time for delays exceed
ing 2 hours, the first 2 hours are included. The rate for conductors is
30 cents per hour, and for brakemen 20 cents per hour. Yardmen,
who do not work by the hour, are paid for overtime at regular rates,
but yard and train men perform Sunday labor without extra compen
sation. In the maintenance-of-way department all employees work 10
hours per day, and are paid for overtime at regular rates, except when
it occurs at night or on Sundays, when they are allowed time and onehalf. The Lehigh Valley Railroad pays trainmen for extra time after
12 hours at the rate of one-tenth of a day for each additional hour;
yardmen at the same rate after 11 hours; and shopmen at propor
tionate rates after 10 hours.
The most frequent complaint made by section foremen, track
foremen, telegraphers, and representatives of division organizations
concerns the hardship of being required to work frequently overtime
without extra pay. Well-informed representatives of the trackmen
argue for legislative restriction of the hours of labor, and more general
enforcement of rules providing for extra pay for overtime, in the
interests of the public, on the ground that the responsibility of track
men in looking after the condition of the track, especially after heavy
storms, is very great; as, indeed, it is also for telegraph operators,
and that the long hours are a frequent cause of accident, for which
men, fatigued by excessive demands upon their strength, can not well
be held responsible.
The very nature of railroad work accustoms the men to irregular
hours and to sudden calls for emergency work, and makes the custom

BAILW AY EMPLOYEES IN THE UNITED STATES.

1047

of pay for overtime a less binding one than in most departments of
industry. It is also less usual in railway work to compensate for
overtime at higher rates, while in most other branches of industry,
where overtime usually occurs as night work or Sunday work, it is
generally paid for at higher rates than the ordinary day wage.
K A I L W A Y L A B O R A S A L IF E W O R K .
THE PERMANENCY OF OCCUPATION.
Railway employment is very generally looked upon as a life work.
A s a rule it is open only to young men, who -begin in the lower ranks
and work their way up. They enter the service with the intention of
remaining in it, and the larger and better managed corporations pride
themselves in holding their men. One railway corporation, which
employs an army of over 100,000 men, has developed a high degree of
esprit de corps and as much pride on the part of the men in their
uniforms or other symbols of their connection with the company as is
customary in the Arm y and Navy. Many other companies make great
efforts in this direction. The question of permanency, however, is
very largely an economic one, and depends upon two sets of conditions—
the causes and methods of discharge, and the conditions of promotion.
CAUSES AND METHODS OF DISCHARGE.

A great change has taken place in recent years in the rules govern
ing discharge in force on the leading railroads. The causes for instant
dismissal have been largely reduced in number. Boards of inquiry,
to which appeal may be taken in cases of discharge, are very common,
and in some cases appeal can be taken by the lowest grade of laborers
to the highest officers in the company. O f course the conditions gov
erning discharge vary greatly, as a rule, for the different classes of
employees. Trackmen and day laborers are usually at the mercy of
their section foremen and subject to instant dismissal without appeal.
Great hardship sometin&s arises here, as in other occupations, by
reason of the ill-considered actions of bad-tempered bosses; but such
labor is, of course, more mobile than grades of labor demanding higher
skill and greater specialization. The Brown system of discipline,
which will be discussed further on in this article, has done much to
mitigate the hardships arising from sudden or ill-considered discharges
for the higher ranks of employees, especially those in the train service.
On many roads, however, certain causes, such as flagrant violation of
rules, intoxication, insubordination, dishonesty, and gross carelessness
or negligence, bring about instant dismissal without appeal. A s the
most trusted employee may at some time make disastrous blunders,
some roads, even in such cases as those just enumerated, take into con
sideration his past record, the intention being to protect the company’s

1048

BULLETIN OF THE DEPARTMENT OF LABOR.

interests and at the same time to encourage desirable employees. One
road, employing 8,000 men, has a board of inquiry consisting of not
less than 3 officers, appointed to investigate all cases of- violation of
rules, misconduct, and negligence; the punishment for minor offenses
not being suspension for 10 to 25 days, as frequently occurs on other
roads, but a reprimand which is entered on record and contributes to
what may subsequently be denoted 4; accumulated bad record. ” Aggra
vated offenses are punished by this board by suspension for 30 days or
more, and for unpardonable offenses, such as incompetence, intoxica
tion, gross neglect, and “ accumulated bad record,” the punishment is
dismissal.
Another •road, employing about 4,000 men, requires all superin
tendents and division officers, shop foremen, etc., to keep personal
records of all the men under their direction, and everything which
tends to indicate that a man is incompetent is entered on these
records— forgetfulness, obstinateness, carelessness, laziness, or if a
man is noted by his superior officer as unlucky, not economical, uncon
trollable— for all these things the same record is made; also for disa
greeable demeanor, quarrelsome and meddlesome disposition, personal
uncleanliness, proneness to gossip or to stir up dissension, unclean
language, intemperance, or other viciousness. The worst cases are
investigated. When a man’s record becomes worse than the general
average he may be dismissed from the service. Another road states
that “ such acts as disloyalty, intemperance, dishonesty, or gross care
lessness, or serious offenses of like nature, will be considered as suflicient cause for dismissal. A charge will be made on the record book
of every case of neglect of duty, violation of the rules or regulations,
accidents not meriting dismissal, improper conduct, etc. Instead of
suspension (except for investigation) the employee will be allowed to
continue at work. Credits as well as demerits will be given on an
employee’s record. Dismissal is determined by a man’s record and
occurs when this demonstrates his unfitness for the service.” One
Western road employing over 5,000 men has a rule which is typical of
many other roads, by which an employee is not dismissed for violation
of rules without a thorough investigation, at which he is allowed to be
present, and at which he also may be represented by other employees
of the same rank.
The vital points in the question of discharge are the seriousness of
the offense from the point of view of the service, the past record of
the man, and his promise of future usefulness. Formerly nothing
but the first point was taken into consideration. Recently the intro
duction of the Brown system of discipline, or something similar to it,
on many roads has given the second point very great prominence.
The third point mentioned is gradually finding its way into active
operation.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1049

CONDITIONS OF PROMOTION.

Most of the railroads apply very strict civil-service rules to ques
tions of promotion. The previous record of the employee, the results
of various examination tests, both at the time of his admission to the
service and at recurring periodic intervals since that date, constitute
his record, on which a claim for promotion must rest. Very little
sentiment or bad politics has any chance in railroad work. Some of
the most successful railroad companies, such as the Pennsylvania sys
tem, pride themselves upon the fact that their highest officers have
almost invariably come up from the lowest ranks.
Another point which may be regarded almost as a peculiarity of
railroad service is that promotions are usually made within the service,
and transfers from one road to another are the exception rather than
the rule. Seniority of service plays a considerable part in governing
ordinary promotions where many candidates are available. Some
roads directly encourage all the higher officials to see that men are in
training constantly for higher positions, thus maintaining a sort of
system of understudies for all the more important positions. One
road prints this rule:
In case of a vacancy, either by death, resignation, dismissal, or pro
motion, or in case of a new position being created or additional force
being required in any position above the lowest rate of pa}% the most
capable man in any lower position should be promoted to fill the
vacancy, no matter in what branch of the service he may be. In order
to have material worthy of promotion in every branch of the service,
it will be necessary for heads of offices, departments, and divisions to
select only the best applicants for such positions as students, appren
tices, office boys, clerks, operators, switchmen, brakemen, firemen,
section foremen, etc., being the classes from which promotions are
most commonly made, and make it a rule not to employ new men for
any position that can be as well filled by promoting a man already in
the company’s employ. Promotions from one branch of the service to
another are desirable, and every emplo3ree should be encouraged to
acquire a general knowledge of the business, especially of that branch
toward which he has a natural inclination. rl o this end heads of
offices, departments, and divisions will notify the general superin
tendent, the general traffic manager, or general manager of employees
who are especially worthy of promotion to other departments. Care
should be taken not to mistake a man’s unfitness for present work to be
proof of a qualification for a better position in some other depart
ments, but rather the reverse.
Another road reports that promotion follows faithful and satisfac
tory work; promotion by seniority in the same line of service being
the rule, provided the person next in line has shown, with other quali
fications, undoubted ability to satisfactorily fill the vacancy. An
interesting test of efficiency, as well as a rule for promotion, is now

1050

BULLETIN OF THE DEPARTMENT OF LABOR.

under consideration on the Illinois Central
neaily 32,000 men. The rule is as follows:

Railroad, employing

A ll employees will be regarded as in the line of promotion, advance
ment depending upon their loyalty to the company’s interests, faithful
discharge of duty, and capacity for increased responsibility. Exam
inations for promotion will be held from time to time as may be
required. Examinations for promotion in train service wrll include
physical condition, rules of the transportation department, air-brake
practice, and such special examinations as the regulations of other
departments may require. For promotion to position of conductor
the applicant must have had 2 years’ experience in train service, of
which the last year shall have been in freight-train service. Employees
desiring promotion to conductors must make application in their own
handwriting to the train master for examination, in which they must
state their age, experience, and general qualifications for the position.
Applicants for the position of engineman must, in addition to the
requirements of the machinery department, pass examination as to
their physical condition and the rules of the transportation depart
ment. Applicants will be examined in the order of their seniority,
merit and ability being equal. Those who pass will rank in the serv
ice from the date of their examination, on rules of the transportation
department. Applicants who fail on the first examination must,
within one year, make written application for reexamination. Those
who fail on the second examination will be dropped from the service.
Flagmen, brakemen, or firemen who do not apply for examination
within 5 years may be dropped from the service.
A ll the roads try to encourage the idea among their employees that
employment is of a fixed and permanent character, and prom'otion open
to all, depending solely upon the faithful performance of duty and fit
ness and aptitude for larger responsibility. In discussing the question
of the qualifications demanded in the chief grades of service, the
replies of the leading railroads have been quoted (pages 1032-1034), and
may be referred to in this connection also to show the usual channels
by which men pass from the lower grades of the service to the higher.
Thus passenger-train men are usually promoted from freight-train
men, engineers from firemen, and so on along the line. In many
grades no new men af e employed, the companies relying solely upon
promotions from other grades in order to get men with a varied experi
ence, also in order to keep open avenues of advancement for faithful
employees.
SYSTEMS OF DISCIPLINE.
Railroad service is exacting, and demands men trained to alert
ness, prompt in obedience to orders, steady and reliable in habits.
Without these qualities in the personnel of its labor force no trans
portation company can do a successful business. To secure these
qualities in small bodies of men is difficult enough, but on the large
railroad systems, employing thousands of men, to secure them requires
a high degree of efficiency in organization, good traditions, capable

RAILW AY EMPLOYEES IN THE UNITED STATES.

1051

leaders. The analogy of railroad service in its employment features
and the organization of an army is not a forced one. W ith the con
solidation of railroad interests questions concerning the maintenance
of discipline have become increasingly important. Older methods
have given way to better-thought-out plans and to the results of care
ful experiment.
Discipline is administered on a modern railroad usually in three
forms: First, instant dismissal; second, suspension from work and pay
for a period of from 10 to 60 days; third, reprimand and record of
deficiency. Not many }^ears ago the third form of discipline was little
known; to-day it has almost superseded the other two. Discipline is
administered most frequently by the officer or boss who immediately
supervises the work of the disciplined employee. Thus the section
foreman, the yard master, the roundhouse superintendent, the division
superintendent, the train dispatcher, the station master represent in
general the class of men with whom the decision in the first instance
lies. Formerly such decision was generally considered final, and sub
ject to no revision or appeal to higher authority. Now, in almost
every case, such decision is reviewed by at least one officer in higher
authority, and in many cases may be carried on appeal still further,
sometimes to boards of inquiry made up in part by employees of the
same rank as the person under indictment, and frequently with the
privilege not only of personal explanation, but of being personally
represented by another employee of the same grade. The chief excep
tion to the change just noted is in the case#of section foremen, who, on
many roads and in several sections of the country, still have the final
decision in their hands. This is due to the fact that in the first place
such decisions affect day laborers and trackmen, who are among the
least skilled employees and whose tenure of position is less permanent;
and in the second place because such employees are usually recruited
in gangs by the section foremen, and enter and leave the employ of
the railroad company with their boss or section foreman.
Where the method of administering discipline is chiefly by repri
mand and record of offense, or on the basis of a merit and demerit
record system, the question of appeal is a less vital one. The reasons
for the change in sentiment among the employers of railroad labor,
who favor what is known as “ discipline by record,” or more generally
denominated “ the Brown system of discipline,” because it was worked
out originally by Mr. George R. Brown, general superintendent of
the Fall Brook Railway, New York, have been ably and tersely stated
by Mr. A . D. Stickney, president of the Chicago Great Western Rail
way, in a paper entitled A Study of the Principles and Methods of
Hiring, Disciplining, and Discharging Railway Employees, (a) He
a Privately printed.

351—No. 37—01-----3

No date.

1052

BULLETIN OF THE DEPARTMENT OF LABOR.

defends the discipline by record system, not from sentimental reasons
nor as a promoter of the interests of the laboring man primarily, but
solely from the point of view of the company’s interests. Calling
attention to the fact that the older method of instant discharge usually
meant discharge first and consideration of the facts afterwards, he
maintains that no employee should be discharged until it has been
clearly demonstrated that he is incompetent. The primary reason for
the discharge should be to improve the service, not to punish or reform
the man, nor primarily to give an object-lesson to other men, but to
improve the service directly by weeding out the incompetent. He
says:
The improper use of the discharge has been the vital spark of all the
brotherhood organizations. Against the arbitrary use ot the discharge
they have in many strikes gallantly fought and suffered and caused
the companies to suffer.
A proper use of the discharge requires a calm and deliberate consid
eration of the facts and circumstances before— not after— it is exer
cised. In the nature of things it can not be properly used in haste or
in bad temper, or under pressure of excitement.
The haphazard-quicker-than - lightning - don’t - jaw - back - while - I ’mangry-if-you-do-off-comes-your-head discharge is rarely justifiable in
fact and is always wrong in method.
I
have noticed that the swiftest headsman is the petty foreman, just
promoted; his ax seems to be set on a hair trigger all the time. Next
in point of swiftness are the foremen of longer experience as foremen
and of higher grades, bearing various titles, who are fresh from other
roads, or even other divisions of the same road. * * * If they
would wait until they became acquainted with the men and the men
became acquainted with them and their methods, and each understood
the other, they would act more wisely.
Another reason for not using the discharge without great care is
that it often weeds out new men who make mistakes at the outset
through ignorance of the company’s business and particulaz* needs, and
this deprives the company of otherwise promising material. Since “ to
err is human,” the policy of discharge for certain offenses— such as
having an accident to one’s train— which was the common rule on many
roads and is still largely used, sometimes cut off a man who had a long
record of faithful service and deprived the company of material suita
ble for promotion. A man’s competency can not be measured by a
single act, but can be judicially and fairly measured on the basis of a
man’s record. On this point Mr. Stickney says:
A s I understand the present administration of discipline, there are
certain infractions of the rules relating to the safety of trains which
are regarded, without reference to the character or record of the man,
as dischargeable errors for which there can be no excuse or explana
tions. They are the unpardonable sins.
It therefore follows that as no man is perfect it is altogether proba
ble that every trainman sooner or later will commit the unpardonable
and be discharged. Hence it is only a question of time when the most
competent men will be discharged.

KAILWAY EMPLOYEES IN THE UNITED STATES.

1053

When such men are discharged they take the places on other lines
of men who have also committed the unpardonable, and their places
are filled on this line from the ranks of the unpardonables of other
lines.
Thus we have exchanged good men whom we know are good men—
good character, good habits, careful and capable— for men of whom
we know nothing either as to .their character, habits, or capabilities.
An administration of discipline which works out such absurd results
seems to me inconsistent with common sense, and the rule of discharge
which I have proposed would forbid that men of known good charac
ter, good habits, carefulness, and capability should be discharged on
account of a single error unless, of course, they have suddenly become
demented or insane, which is perhaps conceivable. As to such men no
single error except drunkenness on duty would be evidence of incom
petency. On the other hand, a large number of errors, even if not
resulting in serious accidents, may be evidence of incompetency.
The real incompetent is the man who was born tired and “ unlucky; ”
who rarely does anything on time or in a proper manner; who is
usually sick on stormy days and physically unable to take a hard run;
who, through no fault of his which can be proven, usually breaks his
train in two, pulls out and breaks drawbars, corners cars, and gets off
the track when switching; who never does anything for which he is
to blame, but is just “ unlucky.” Such errors produce greater loss in
the aggregate than the aggregate loss of the serious accidents.
In considering the competency of trainmen, not only the rules relat
ing to safety, but the care of the company’s property, economy in
use of fuel and suppty— in short, everything which affects the interest
of the company— should be taken into the account.
The method of suspension from duty and from pay by the immedi
ate employing officer, usually a petty foreman, almost invariably
works out mischievously. In the first place, suspension inflicted with
out investigation and without any scale or measure of degree of culpa
bility is almost always unfair. It is administered in a spirit of anger,
and the person so administering it is the sole judge of how to make
the punishment fit the crime, so that the highest penalty is sometimes
administered for a petty disobedience which resulted in no serious
consequences solely because of the temper and momentary condition
of the administrator. Here again President Stiekney says:
When we consider what it means to an employee, especially if he has a
family, to be discharged and thereby compelled to seek a new empk^er
and move his family to a distant home, especially in these days wrhen
the emploj^ers are few and employees are many, or when we consider
what it means to an employee and his family for the husband to be
compelled to live in enforced idleness for even thirty or sixty days,
without taking into consideration the feelings which are engendered
b}Tthe outrageous injustice which is too frequently coupled with the
administration of discipline, and when we consider further that, under
the law^s of our country, no court, either the highest or the lowrest,
that no judge, no matter howr learned or how distinguished, has the
authority to inflict a penalty of $10, except upon a written charge and
evidence produced in open court, and except, if demanded, with the
unanimous consent of a jury of 12 men, it must be admitted that the

1054

BULLETIN OF THE DEPARTMENT OF LABOR.

autocratic power of administering such discipline and inflicting such
enormous penalties is an extraordinary power and imposes grave
responsibilities in its execution.
The question of who shall administer discipline is no less important
than the form of discipline. If the decision can not be safely left with
the officer who is in immediate touch with the employee, then the
decision should not be made by him at all. The authority of a fore
man is weakened by having a man put back under his direction by
superior authority, but if the foreman does not have the power of dis
charge or suspension how is he to enforce obedience to his commands ?
The new system of discipline discards the idea of punishment and pen
alties and maintains that it is no part of foremanship to punish, but
solely to plan and intelligently direct work. President Stickney says:
This school holds that there is an indefinable something in the law
ful authority which the foreman possesses, combined with superior
intelligence, superior dignity of character, and superior self-possession,
which every foreman should possess, which commands obedience to
intelligent directions.
It is claimed that it is, in fact, this lawful authority, combined with
the personal qualifications which have been mentioned, instead of the
fear of discharge, which, under present conditions, causes obedience
to the foreman’s directions, and that the foreman’s opinion is erroneous
who supposes that his authority would be weakened if he had not the
power to discharge.
This claim is supported by many historical facts. There was a time
when the locomotive engineer had authority to hire and discharge his
fireman, and while this rule was in force perhaps a majority of engi
neers honestly supposed that if the power was taken away from them
their firemen would, to use a familiar expression, “ run over them.”
But no such result has in fact; followed the abolition of the authority
of the engineer to hire and discharge firemen. On the contrary, the
discipline in that branch of the service has been distinctly improved.
So, at one time, conductors hired and discharged brakemen.
The
abolition of this practice has also resulted in an improvement in the
discipline. The relation of engineer and fireman is a more manly rela
tionship than engineer and “ cub.” The abolition of such relationships
by the changes which have been noted has had a tendency to make*
more manly engineers and conductors and more manly firemen and
brakemen, and manliness is a tremendous factor of discipline.
W ith the above discussion of the principles underlying the change
that has come about in methods of discipline, let us examine more closely
the sj^stem itself, which in its main features is in force at the present
time on over 57 railroads, embracing about one-third of the entire
mileage of the country. This is what is commonly called “ the Brown
system,” and while modified in many of its features to suit the needs
of particular roads, its essential points have been found applicable to
large systems operating many miles of line and employing many men,
as well as to smaller roads where it was first introduced. The basic

RAILW AY EMPLOYEES IN THE UNITED STATES.

1055

idea of the Brown system is the record book in which a page is devoted
to the personal record of every employee. The book itself is never
shown to any employee, but he may get a copy at any time of his per
sonal record. In describing the use of the record book, Mr. Brown
says:
In it I write down a brief statement of every irregularity for which
a man is responsible. This record takes the place of the “ iay off” and
is dreaded fully as much. The man goes to work at once and no one
but himself suffers, and he only in reputation at headquarters. When
a man commences to make a record in the book we call him in and
talk with him. He is reminded that if this gets too long we shall have
to consider him a failure for our service, show him his weakness, and
give him another chance. But he understands that it will not be
entirely for the last offense that he is dismissed; the “ suspended sen
tence” cases are against him. When the page is full of irregular cir
cumstances the judgment is usually written at the bottom in two
words, “ discharged, incompetent.”
A second important feature of the Brown system is the bulletin, which,
together with the record book, makes up the substance of the plan for
“ discipline without suspension.” The bulletin is a publicly posted
record of every irregularity on the road, placed where men connected
with the department of service in which the irregularity occurred may
see it. It gives no names, but describes the accident or irregularity,
and then comments upon it from the point of view of the office, point
ing out how the accident might have been avoided or how injurious it
is to the interests of the company. This furnishes a basis for discus
sion among the men. They frequently know to whom the incident
refers, and they know exactly how it is looked upon at headquarters.
The main points which it is sought to accomplish by these combined
features, the record book and the bulletin, are stated by Mr. Brown
as follows:
1. To secure a higher state of efficiency. Strict discipline is essen
tial to successful operation; no continuous service performed by man
can be perfect, but a high state of discipline and a careful selection of
men will produce a high class of service, and successful operation will
be the result.
2. To avoid loss of time and wages of employees, resulting in possi
ble suffering of those dependent upon their earnings, as well as demorali
zation of employees by enforced idleness.
3. To avoid unnecessary severity in the dismissal of an employee,
or requiring him to serve an actual suspension for a single offense that
does not injuriously reflect upon his reputation, conduct, capacity, or
future usefulness in the service.
4. To remove the false, but too common, impression in the minds of
employees who have served actual suspensions that the amount lost to
them in wages is a payment to the company for the loss and trouble
caused it, and that in the future settlements can be made in the same
manner

1056

BULLETIN OF THE DEPARTMENT OF LABOR.

5. To avoid frequent service changes by considering each case of
an erring employee on its merits, weighing his character, previous
record, and future availability, without regard to parallel cases of
other employees.
6. To advance the education of employees through the medium of
bulletin notes, enabling them to avoid the mistakes made by others.
7. To establish in the service a feeling of security, in the confidence
that faithful service will be recognized and rewarded by uninterrupted
employment, and the certainty that reward and promotion will not
follow indifferent service.
From the educational point of view, and as verified by experience,
this plan succeeds in inspiring loyalty, in stimulating self-improve
ment and self-correction, and in developing honesty of statement and
honesty in the relations of employer and employed. An employee
who has violated some rule or committed some offense knows that the
record against him may be less severe if he is the first to report his
conduct, and if he reports it with absolute truthfulness, because those
very facts, promptness and truthfulness, will count in his favor. The
Long Island Railroad, operating 400 miles of line, reported through
its general superintendent, M r. W . F. Potter, in a letter to Mr. G. W .
Creighton, superintendent of the middle division, Pennsylvania Rail
road, under date of March 8,1897, as follows:
In the winter time we have 3,300 employees and in summer 4,000
subject to these rules [referring to the Brown system]. W e employ a
large number of flagmen, and on the Atlantic division, 10 miles long,
we have 116 flagmen or gatemen now in service. These men earn
about $40 a month. W hen the system was introduced on this line,
January 20, it was a question with some of the officers of the com
pany whether these flagmen would be susceptible to the methods pro
posed. The general impression with them was that they would not
be. The custom had been to suspend them from duty from 3 to 15
days, according to the offense. W e had one man on the division I
mentioned who started out in the morning at 6 o’clock with 8 extra
men, dropping off a man at each point where the regular men failed to
report for duty. These extra men were used up every morning, and
in some cases we did not have men enough to go around. Since the
introduction of discipline without suspension we have had but one fail
ure, and that was in the case where a man overslept and was late in
reporting. It has become entirely unnecessary to carry out the old
plan of dropping men off to take the place of delinquents. The flag
men, while they seem to be willing to accept suspension occasionally,
are not willing to run the risk of permanently losing their situations.
The Brown system is capable of considerable extension. On some
roads the custom of keeping a record of demerits has grown into the
custom of keeping a record also of merit marks, not merely merit
marks for great ficts of heroism, but for many minor evidences of
fidelity and intelligent interest in the work. A still further extension
of the idea has been tried in allowing a certain period of clean record

RAILW AY EMPLOYEES IK THE UNITED STATES.

1057

to cancel, on the record book, a certain period of bad record. Thus,
for example, on the Louisville and Nashville Railroad on June 1, 1895,
the announcement was made of credit allowances, as follows:
1. A suspension of 15 days or less charged against an employee will
be considered canceled by a perfect record for 1 year.
2. A suspension for more than 15 and not exceeding 30 days can
celed by a perfect record for 2 years.
3. Suspension amounting to more than 30 days, not exceeding 00,
canceled by a clear record for 3 j^ears.
4. Suspension in excess of 60 days occurring in a period of 1 year
calls for special consideration by the board.
5. A complimentary bulletin will be issued every 12 months stating
the employees who have a perfect record for 1 year and giving them
a special credit.
6. Acts of heroism and loyalty will call for special mention and con
sideration by the board.
General Superintendent Potter, of the Long Island Railroad, abol
ished suspension 2 years ago, and now allows every laborer credit
marks, 2 credit marks being entered for each half year of clean record,
each of which will, when necessary, offset 2 debit marks of the value
of a 10 days’ suspension. The Southern Pacific allows a clean record
of 1 year to cancel 30 days’ demerits.
The methods by which the various railroads have put in operation
the new system of discipline are illustrated in the following typical
circulars, as originally sent out by the respective companies:
THE ATCHISON, TOPEKA AND SANTA FE RAILW AY COMPANY.
O f f ic e

O f f ic e

G e n e r a l S u p e r in t e n d e n t
of

S u p e r in t e n d e n t

and

a c h in e r y ,

Topeka, Kans ., July £0, 1897.

To a l l E m p l o y e e s o f O p e r a t in g D e p a r t m e n t :
1. On August 1,1897, the system of 1idiscipline by record” for employees will be
put into effect, and suspension from duty, with consequent loss of time, will be dis
continued. Discipline wTill be maintained by reprimand, book suspension, or by
dismissal from the service. Upon that date all employees will be considered as start
ing in with a clear record. An individual account will be opened with each employee
in a book kept for that purpose in the superintendent’s office. A duplicate record
will be kept in the office of division master mechanic for all employees in mechanical
department.
2. Reprimands will be noted on the records of employees who may receive same.
Suspensions, though for a certain number of days, will be nominal. Instead of actual
suspension, the employee at fault will be allowed to continue at work. A charge
will be made on the record of every case of neglect of duty, violation of the rules or
of good practice, accidents, improper conduct, etc., resulting in discipline of an
employee, with the penalty imposed, as may be determined by proper officers.
3. Record bulletins will be issued by the superintendent not oftener than fort
nightly, and posted at division terminals on a special board. These bulletins will be
educational; they will be issued for, and give a brief account of, each case where it
is thought advisable to give all employees an understanding of the case and discipline,
especially cases where there was any doubt on the part of employees of proper course

1058

BULLETIN OF THE DEPARTMENT OF LABOR,

to be taken, and state how it could have been avoided, but will omit all reference that
would identify the person at fault.
4. Such acts as disloyalty, dishonesty, desertion, intemperance, insubordination,
willful neglect, gross carelessness, immorality, violation of rules whereby the com
pany’ s property is endangered or destroyed, making false reports or statements, or
concealing facts concerning matters under investigation, etc., will, as heretofore, sub
ject the offender to summary dismissal.
5. Credits will be given on the record, and may also be bulletined, for notably
excellent conduct, deeds of heroism and loyalty, good judgment in emergencies, etc.
These special credits will be given full consideration in connection with any charges
entered.
6. No reprimand or suspension will be noted against an employee’ s individual
record without notice to the person affected, and an opportunity given for investiga
tion and defense. Each employee’ s record will be open for inspection during business
hours at the superintendent’s office, or office of division master mechanic, by the
employee himself, but not by others, except by division and general officers. If not
practicable for an employee to go to the office, a transcript of his record will be sent
him upon application.
7. No suspension will be made for less than 10 or more than 60 days.
8. Reprimands and suspensions charged against an employee’ s record may be
canceled as follows:
(a) A reprimand will be canceled by a perfect record for 3 months.
(b) A suspension of 10 days will be canceled by a perfect record for 6 months.
(c) A suspension of more than 10 and not exceeding 20 days will be canceled by a
perfect record for 9 months.
(d) A suspension of more than 20 and not exceeding 30 days will be canceled by a
perfect record for 1 year.
(e) A suspension of more than 30 and not exceeding 60 days will canceled by a
perfect record for one and one-half years.
( / ) Inasmuch as the credit system is an experiment, the length of perfect record
for which credits are given is subject to change whenever it may be found to bear
unjustly on employees affected by it, or on the company.
DELAWARE AND HUDSON CANAL COMPANY.
O f f ic e

of t h e

S u p e r in t e n d e n t ,

Albany, N. Y., Januahj 12,1898.
A

E m plo yees.

Some time ago this company adopted the system of u discipline by record” for
permanent employees, and deem it proper that the same shall be promulgated and
more fully explained. While the past record of employees can not be entirely
ignored, discipline will be maintained by charges against an employee’ s record or by
dismissal from the service. An individual account has been opened with each
employee in a book kept specially for that purpose in the superintendent’ s office.
1. Such acts as disloyalty, intemperance, dishonesty, gross carelessness, or serious
offenses of like nature will be considered a sufficient cause for dismissal.
2. A charge will be made on the record book for every case of neglect of duty, vio
lations of the rules or regulations, accidents not meriting dismissal, improper conduct,
etc. Instead of suspension (except for investigation) the employee will be allowed
to continue at work.
3. No charges will be recorded against an employee without a thorough investiga
tion and notice given to the person affected. This record will be a private one, and
employees will not be shown any record therein except their own. A transcript of
an employee’s record will be given him on application.
4. When the record against an employee becomes such as to demonstrate his
unfitness for the service, he will be dismissed.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1059

5. Special credit will be given on an employee's record, and may also be bulletined
for notably excellent conduct, good judgment in emergencies, etc.
6. Record bulletins will be issued by the superintendent from time to time, as may
be necessary in the interest of discipline, on bulletin boards provided for that purpose.
These bulletins will contain facts and conclusions and only such comment as is applica
ble. Names will not be mentioned in these bulletins, the chief object being educational.
7. Employees amenable to the rules of other companies will be subject to such
company's form of discipline, and such record wTill be made against our employees
as the offense may warrant.
8. Cooperation on the part of employees in this matter will be of great assistance
in producing good results, and to this end correct accounts of mishaps occurring on
the road should be furnished by the parties interested. We shall thus secure a higher
state of efficiency by judging each case on its merits; enable the employee to gain in
self-respect, in loyalty, watchfulness, and zeal for the employer's interest, and estab
lish discipline in which the element of force is not predominant; become acquainted
with such cases as may be bulletined, and learn from them the lesson that is taught
by the failure of others; avoid loss of time and earnings; develop a feeling of confidence
and security which will benefit and encourage the good men, while those who are
habitually careless and indifferent will be dropped from the service.
ILLINOIS CENTRAL RAILROAD COMPANY.
O f f ic e

of th e

G e n e r a l S u p e r in t e n d e n t .

CIRCULAR NO.

164.

Chicago, February 25y 1898.
To O f f ic e r s o f t h e T r a n s p o r t a t io n D e p a r t m e n t , S o u t h e r n L i n e s :
1. The system of “ discipline by record" will be extended to the Mississippi,
Louisiana, Memphis, and Louisville divisions on March 1, 1898.
2. Circulars addressed to employees of the transportation department, explaining
the system, will be issued, (a) and are to be distributed by mailing each employee
concerned a copy; also posting a copy on each bulletin board.
3. The present method of investigation and consideration by board of inquiry of
offenses of employees will be continued, as will the exercise of discipline by the
superintendent direct or by the general officers of the company.
4. Offenses punishable by reprimand or suspension are those most affected by this
system. The actual suspension of employees, with loss of time, is absolutely dis
continued beyond the loss of time necessary to a proper investigation, and in the place
of the actual suspensions the reprimands and suspensions will be noted in a book
provided for the purpose in the office of each superintendent.
5. The board of inquiry will also consider acts of especially meritorious conduct,
such as the exercise of exceptional good judgment in emergency, loyalty, and devo
tion to service, personal heroism, etc., directing that they be made a matter of record,
and such record will be given full consideration in determining the standing of
employees and in the matter of promotion.
6. No reprimands or suspensions will be noted against an employee's record with
out written notice to him.
7. Any employee will be permitted to examine his own record at the superintend
ent's office during business hours, but will not be allowed to examine the record of
another. The record will be open for general examination by division and general
officers of the company and such persons as they may designate. A transcript of
his record will be furnished to any employee upon application.
8. A perfect record is one against which no unfavorable entries have been made.
A clear record is one on which unfavorable entries have been extinguished.
a For text of this circular see Report of the Industrial Commission, Volume X V II,
page 803.

1060

BULLETIN OF THE DEPARTMENT OF LABOR.

9. No suspension is to be made for less than 5 nor more than 60 days, and in impos
ing reprimands or suspensions upon employees, due consideration should be given
to the length of satisfactory service required to extinguish the charge upon record, a
scale of which is given below:
(а) A reprimand will be extinguished by a clear record of 3 months.
(б) Five days of suspension will be extinguished by a clear record of 6 months.
(c ) Ten days of suspension will be extinguished by a clear record of 9 months.
(d) Thirty days of suspension will be extinguished by a clear record of 1 year.
(e) Sixty days of suspension will be extinguished by a clear record of 18 months.
10. An accumulation of entries upon the record of an employee, showing frequent
reprimands or suspensions, will justify special consideration by board of inquiry.
No fixed rule can at this time be established to determine a record of unsatisfactory
service warranting dismissal. Ordinarily suspensions aggregating 90 days in any one
year without mitigating circumstances, the record showing negligent tendencies,
incompetency, repetition of the same offense, etc., even if any single act did not
merit dismissal, may be considered as unsatisfactory service, and action taken to that
end if in the judgment of the board of inquiry it should be done. The length of
service, general character, and disposition of the employee, together with his meri
torious acts, should always be carefully weighed and the man given the full benefit
of the same.
11. Disloyalty, dishonesty, desertion, intemperance, immorality, insubordination,
incompetency, willful neglect, gross carelessness, inexcusable violation of general
rules resulting in endangering or destroying company property, making false reports
or statements, or concealing facts concerning matters under investigation, will, as
heretofore, subject the offender to dismissal from the service.
12. Bulletins should be issued by superintendents from time to time, not oftener
than once each week, and displayed on bulletin boards at district and division termi
nals. These bulletins are intended to be educational; they will be prepared in the
superintendent’ s office, numbered consecutively, give a brief and concise statement
of each case of deviation from the rules, or from good practice, etc., which has resulted
in discipline, omitting the names of persons at fault; the occurrence should be stated,
its cause, the trouble or expense resulting, how it could have been avoided, and the
penalty inflicted. To this superintendents may add such comments as in their judg
ment may further lead employees to profit by the errors of others in the avoidance
of similar trouble to themselves. It will not be necessary to issue bulletins to cover
cases of dismissals for intemperate habits, or the personal conduct of employees that
does not affect the safety or efficiency of the train or station service. Bulletins may
be issued recounting meritorious acts when, in the judgment of the board of inquiry,
the service will be improved thereby.
Requisition should be made upon the stationer for a supply of the books and sta
tionery required.
13. A copy of each bulletin should be sent to the second vice-president, general
superintendent, and assistant general superintendent, upon which should be noted
the name of the employee disciplined, date, train, and place of the occurrence.

The Brown system of discipline has not been entirely free from
criticism on the part of the employees, and has not yet succeeded in
convincing all railroad managers of its utility from the point of view
of the employer. It may be said, however, that there is little evidence
at the present time of dissatisfaction concerning the enforcement of
discipline on roads'where this is used. Criticisms which have appeared
in print (a) for the most part either misinterpret the educational prin
ceSee article by S. W. Flessner, Railway Age, March 5, 1897; and also the editorial
answer in same issue.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1061

ciples on which it rests or deal entirely with minor points concerning
its application.
W ith the system as a whole railroad men, both
employers and employed, are more in sympathy in larger numbers
than on most questions relating to their business. It marks a step
forward in the solution of a difficult problem; not the final step, but
one of no inconsiderable length.
T H E Q U E S T IO N OF BLACKLISTING.

A great deal of testimony before the Industrial Commission, both
from railroad officials and more especially from the representatives of
railroad labor, showed that blacklisting was formerly made use of by
some American railroads as a means of weeding out discontented men,
labor agitators, and checking the growth of labor organizations. Since
the enactment by Congress of the general arbitration act of June 1,
1898, (a) making blacklisting illegal on the part of employers of railroad
labor engaged in interstate commerce, railroad officials deny entirely
the existence of any such thing as blacklisting. Employees admit that
this legislation has been effective in preventing a recurrence of the
worst abuses of blacklisting as it formerly existed, but maintain that
the secret practice is still continued by some roads.
Blacklisting means the keeping of a list of discharged employees,
and the sending of such list to other employers of the same class of
labor for the purpose of preventing discharged employees from obtain
ing employment elsewhere. If it can be shown that the purpose of
such list and the use made of it amount to a conspiracy to injure a dis
charged employee, he would have a remedy at common law even in
States where statutes on the subject exist. In Illinois, for example,
attorneys who have tried some of the cases growing out of the great
railway strike at Chicago have indicated their preference for common
law action by proceeding in this way rather than by appeal for remedy
under the existing statute. The common law remedy, however, has
been subjected to the most varied judicial interpretation, and is clouded
with considerable uncertainty, in view of which IT States and 1 Terri
tory have passed statutes forbidding blacklisting, usually defining it
as an exchange of a list of employees against whom an employer has a
complaint with other employers for th'e purpose of preventing them
from employing such men. These States are: Alabama, Colorado,
Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Minnesota,
Missouri, Montana, Nevada, North Dakota, Utah, Virginia, Wisconsin,
Washington, and the Territory of Oklahoma. O f these only North
Dakota and Utah have, in addition to statutory enactments, constitu
tional provisions prohibiting the exchange of blacklists. Iowa, Indiana,
a See chapter 370 of the acts of 1897-98, sections 1 and 10. The text of these sections
will also be found quoted by Mr. S. D. Fessenden in the article entitled Protection of
Workmen in Their Employment, Bulletin of the Department of Labor, No. 26,
January, 1900, page 17.

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BULLETIN OF THE DEPARTMENT OF LABOR.

Wisconsin, Alabama, Virginia, Montana, and Georgia laws make the
willful prevention of discharged employees from obtaining newTsitua
tions a penal offense. The laws of Florida and Georgia apply only to
corporations, those of Virginia applying to any corporation, manufac
turer, or manufacturing company, and those of the other States men
tioned applying to all classes of employers, are broad in their scope.
Illinois and Minnesota declare specifically that it is a conspiracy or
combination of two or more persons to use the blacklist which is
unlawful.
Three States, Indiana, Montana, and Georgia, following a practice
which has worked satisfactorily in Germany, have attempted to restrict
the possibility of blacklisting by a statute requiring an employer to
furnish an employee with a written statement of the cause of his dis
charge. The Georgia statute, however, was declared unconstitutional
by the supreme court of that State in a decision rendered in June,
1894. (a) The grounds of this decision were that no public interest was
protected or promoted by a correspondence between discharged
employees and their late employers, and that a statute requiring this
was violative of the general private right of silence, a liberty guaran
teed by the Constitution correlative to that of liberty of speech and
writing.
The difficulty which it is sought to remedy by legislation is one not
easily reached at all by law. The nature of railroad service makes it
especially incumbent upon employers to protect the public by rigid
inquiry into the qualifications of an applicant for a responsible posi
tion. A s has already been seen, in discussing the qualifications for
admission to the service, these tests are not only rigid in their appli
cation to technical skill, but must also cover questions relating to per
sonal character and habits. This necessitates an inquiry into a man’s
previous record, and all application blanks for employment require a
statement on this point, giving the names of previous employers, and
the length and nature of such employment. From this statement
alone it would be quite possible for railroad companies, and indeed it
is quite usual for them, to carry on a correspondence with an appli
cant’s previous employer or employers, in the course of which such
facts as having quit work during a strike, or having been a member of
a labor organization would be elicited. If any road saw fit not to
employ men who had ever been engaged in a strike or who had been
members of labor organizations, qualifications which they would have
a right to make, such information would be fatal. This information
could be obtained, even if correspondence between employers was
forbidden by law, often through reference merely to the date of leaving
a Bee Wallace v. The Georgia, Carolina and Northern Railway Company, South
eastern Reporter, Volume 22, page 579, and Bulletin of the Department of Labor,
No. 2J January, 1896, page 203.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1063

former employment. Legislation that has in view a general prohibi
tion of the right of a road to scrutinize and to finally pass upon the quali
fications of applicants for employment would constitute a radical
departure in the underlying principles of law which now govern and
protect private business, and yet scarcely anything short of this would
meet the difficulties incident to blacklisting. Specific acts of corpora
tions which would restrict somewhat their freedom in dealing with
applicants for employment could be prohibited by legislation, but such
legislation could be easily avoided if the disposition to do so existed.
Thus, for example, it would be possible to provide that no one should
be refused employment because of participation in a strike or because
of membership in a labor organization, but where this was ascer
tained it would be very easy for an employing officer to find and to
state some other reason for not selecting a particular candidate, and it
would be always difficult for one seeking redress under such legisla
tion to prove the real reason of his nonacceptance.
The progress already made in the adoption of a system of discipline
by record makes it also easier for one road to give another an accurate
and fair account of a man’s service should he be seeking a position
with another road. Such practice is in the interest of the public and in
the interest of the men and is so recognized by the representatives of
railroad employees.
Many of them feel that the so-called “ clear
ance card,” about which a great deal is said in the famous blacklist
ing cases, is a benefit to the service by weeding out incompetent men.
The chief difficulty in blacklisting cases has grown out of the bitter
feeling aroused between railroad employers and employees in connec
tion with the great Chicago strike in 1894. The bad feeling engen
dered in this contest has had serious consequences for both sides.
Mr. William J. Strong, a lawyer in Chicago, who has been the attor
ney for most of the blacklisting cases, has discussed, in an article in
the Arena for March, 1899, and in his testimony before the Industrial
Commission,^) the merits of the strongest cases of alleged blacklist
ing. He presents a statement of facts and opinions representing that
of the most radical railroad employees and in some form entertained
in part by the rank and file of railway labor.
A review of some of the leading cases which have been tried by our
courts will present the present status of blacklisting in a still clearer
light. Probably the first case in which damages were awarded and
actually paid by the railroad company is that of W illett v. The Jack
sonville, St. Johns and Indian River Railroad Company, (i)
The case was a peculiar one, in which after the man had actually
been engaged by another road his former employer wrote warning
a See Report of the Industrial Commission, Volume IV, Transportation, pages
503-525.
bSee Bulletin of the Department of Labor, No. 4, May, 1896, page 437.

1064

BULLETIN OF THE DEPARTMENT OF LABOR.

the road against him, stating that he had left his former employ with
certain charges pending against him, the only charge apparent^ being
that he declined to continue in their service after having given them
ample warning of his intention to quit.
The famous Eetcham case, which grew out of the Chicago strike,
and in which a verdict of $21,666 against the Chicago and Northwestern
Railway Company was given, is reviewed at considerable length by
M r. Strong. The actual loss proven amounted to only $1,850 and the
balance was therefore exemplary damages or smart money. The jury
was composed, with one exception, of employers, and not one juror
was a member of a labor union. The foreman was an ex- banker. The
trial lasted nearly 3 weeks. Ketcham had been in the employ of the
Chicago and Northwestern Railway Company for about 10 years and
left its service during the American Railway Union strike of 1894.
It was claimed that all the railroads entering Chicago had agreed and
conspired to keep each other informed of the names of all their
employees who belonged to the American Railway Union or who quit
work during the American Railway Union strike of 1894, and that
these roads had also agreed not to employ such men without first hav
ing a release or consent, known as a “ clearance,’’ from the road by
which an applicant was last employed before the strike. The consti
tution of the General Managers’ Association and other important docu
ments, including letters, are reproduced in the testimony by Mr.
Strong before the Industrial Commission. A new trial was granted,
and the judge in granting the application indicated the opinion of the
court that the jury had been governed largely by its feelings and
stated “ that the verdict was one that would not stand for a moment
in a higher court.” This case, along with a number of others, has
since been passed in the court’s docket pending the decision in the
McDonald case, which was carried to the supreme court. That deci
sion was rendered October 19, 1900. (a)
The case is McDonald v. Illinois Central Railroad Company.
McDonald was a switchman and conductor who had been in the employ
of the company for 5 years and who quit service about June 26, 1894,
being one of a number of striking employees. He brought suit on
the claim that the railroad companies having lines running into Chi
cago had entered into a conspiracy, agreement, and understanding
that employees who had been members of the American Railway
Union would not be empk^ed by any of the said companies without a
release and consent from the railroad company by which any such
employee was employed; such release and consent being commonly
called by railroad men a “ clearance.” Chief Justice Boggs in the
decision of the court affirmed the judgment of the circuit court that
a See Bulletin of the Department of Labor, No. 34, May, 1901, page 530.

RAILW AY EMPLOYEES IN THE UNITED STATES.

the declaration did not contain a cause of action.
declaration was:

1065

The section of the

Said defendant railroad companies entered into a conspiracy, agree
ment, and understanding that they, the said railroad companies, would
furnish each to the other information as to all their employees who
had committed offenses, or who were charged with having committed
offenses, and also as to all their employees who had left their service
during the strike which commenced on or about June 26, 1891, and
ended on or about August 6,1891, commonly known as the UA . R. U .,”
or “ American Railway Union” strike, and as to all their employees
who were members of the A . R. U. or American Raibvay Union, and
that such employees of any and all said companies wrould not be
employed by any of said companies without a release and consent from
the railway company by which anj such employee was last employed,
such release and consent being commonly called by railroad men a
“ clearance.”
Construing the averment in the way most unfavorable to the pleader,
the court decided that the true meaning of the instrument denomi
nated a “ release and consent” was the ordinary clearance card in
common use among railroad corporations, and that the declaration did
not charge the defendant company with a refusal to grant a clearance
card setting forth truthfully all the facts proper to be stated in a clear
ance card, but did say that the company refused to give him such an
instrument as would enable him to obtain employment in the rail
road business. The company was not required to give him a clear
ance that would enable him to get employment from other companies.
Chief Justice Boggs also quoted the opinion of the court in the Jen
kins case (174 Illinois, 398), in which Justice Philips rendered deci
sion October 24, 1898, affirming the right of a railroad company to
refuse to give a clearance card, (a)
The decision of the court on the subject of a clearance card is very
definitely stated in the Jenkins case in the following language:
From the evidence produced on this question, and from this judicial
notice wrhich we take of the ordinary general management of railroads,
it is apparent that what is known as a clearance card is simply a letter,
be it good, bad, or indifferent, given to an employee at the time of his
discharge or end of service, showing the cause of such discharge or
voluntary quittance, the length of time of service, his capacity, and
such other facts as would give to those concerned information of his
former employment. Such a card is in no sense a letter of recom
mendation, and in many cases might, and probably would, be of a
form and character which the holder would hesitate and decline to
present to any person to whom he was making application for employ
ment. A letter of recommendation, on the contrary, is, as the term
implies, a letter commending the former services of the holder, and
speaking of him in such terms as would tend to bring such services to
the favorable notice of those to whom he might apply for employment.
a See Bulletin of the Department of Labor, No. 22, May, 1899, page 476.

1066

BULLETIN OF THE DEPARTMENT OF LABOR.

The decision in the Jenkins case also stated that there was no evi
dence that the custom or usage of giving a clearance card was so general
and so well known as to be implied in the contract of employment.
Chief Justice Boggs, in the McDonald case, quotes the Jenkins case with
reference to the position of the court on the subject of the clearance
card, and concludes his decision with the words: u Whether the charge
included in the question formulated by the counsel for the plaintiff in
error would constitute a cause of action was not presented to the trial
court by the declaration, and we agree with the view entertained by the
trial court, that the declaration failed to state a cause of action.” Thus
in the decision, awaiting which many of the cases in the lower courts
were passed, the supreme court of Illinois failed to pass upon the real
question at issue— whether blacklisting is legal. A very few months
after the decision in the McDonald case Judge Frank Baker, of the
circuit court, decided the legality of blacklisting, and his decision has
now been carried to the supreme court in a form which will present
the real question at issue. The case decided by Judge Baker is known
as the Packing House case. It is charged that the packers of Chicago
blacklisted the label girls who struck February 9, 1900, on account of
a reduction of 30 per cent in their wages. M r. William J. Strong,
the leading attorney in the blacklisting cases, brought suit at once for
8 of the label girls, and the argument in demurrer on 2 of these cases
came up in the circuit court before any of the railroad cases were
reached, they having been passed awaiting the decision in the McDon
ald case. The decision of two of the circuit judges in these 2 cases
practically held that blacklisting was legal. Judge Baker’s decision
was in the case of Condon v. Libby, McNeil & Libby et al. The
language of the court was as follows:
Plaintiff alleges that she is an expert can labeler, able to earn $15
per week at her trade. That defendants are canners at the Union
Stock-Yards and are all the persons engaged in that business at that
place. That upon February 5, 1900, defendants maliciously, etc.,
agreed and conspired together not to employ any employee of any one
of them who should go out on a strike or quit on account of a disagree
ment as to wages, except by consent of the former employer. That
for 2 years before February 5, 1900, plaintiff was employed by
defendants, Libby, McNeil & Libby, and on that day quit because of
disagreement as to wages. That she afterward applied to defendants,
Armour & Co., and Fairbank Canning Company, for employment, and
was denied such employment because of said agreement and conspi
racy. A ll this, it is alleged, was done maliciously with the intent to
injure plaintiff. Defendants demur to the declaration.
The case has been fully and most ably argued, both orally and in
writing. I shall not review the numerous authorities cited, nor attempt
to do more than state my conclusions and the rules of law upon which
they rest.
“ W hen damage is sustained by one person from the wrongful act of
another, an action for compensation is given to the injured party

BAIL W AY EMPLOYEES IN THE UNITED STATES.

1067

against the wrongdoer.” By wrongful act is to be understood not an
act wrongful in morals only, but an act wrongful in law. An act is
wrongful in law if it infringes upon the right of another, and not oth
erwise. An act which does not infringe upon any right of a person
is not, as to such person, wrongful. One has a right to decline to
enter the service of another, and several persons, acting jointly in pur
suance of an agreement to that effect, have the right to so decline.
So, one has the right to decline to employ another, and several per
sons, acting jointly in pursuance of an agreement to that effect, have
the right to so decline.
The existence of malice, of a malicious intent to injure a person,
will not convert an act which does not infringe any right of such per
son into a wrongful act or a civil wrong. It follows that, in my opinion,
the facts and agreements of the defendants set forth in the declaration
can not be held to infringe upon any right of the plaintiff, and there
fore are not, as to her, in law wrongful. The demurrer is sustained.
It is likely that the railroad cases still pending will again be passed
until the decision of the supreme court on this Packing House case is
reached.
The attitude of railway employees, as expressed through the repre
sentatives of the brotherhood organizations on the subject of the pres
ent extent of blacklisting and legislative remedies for it, is brought out
in a Very complete statement made by Mr. H. R. Fuller, the legisla
tive representative at Washington of 5 of the leading brotherhoods,
namely: The Brotherhood of Locomotive Engineers, of Locomotive
Firemen, of Railroad Trainmen, and of the orders of Railway Conduct
ors and Railroad Telegraphers. Mr. Fuller said: “ The present plan of
blacklisting is carried on by private correspondence between the com
pany from which the man seeks employment and his former employers.
W hile this plan is somewhat different from that in use some years
ago, I believe it is quite as effective, if not more so.” (a) Mr. Fuller
exhibited the usual application blanks which an applicant is required
to fill out and called attention to those questions which would facilitate
inquiries of this sort. He also showed that applicants were generally
admitted to the service on probation, giving ample time for such inves
tigation. The special grievance felt by the employee, Mr. Fuller says,
is that he is not permitted to see the charges made against him by his
former employer, and given no opportunity to combat them, but merely
told that his references were not good. Mr. Fuller also submitted in
evidence editorial comments from the leading employees’ journals and
called attention to the resolutions adopted at a large union meeting of
the organized railroad employees at San Antonio, Tex., September 9,
1896, at which it was “ Resolved, That we demand such legislation as
will forever prohibit blacklisting.” Mr. Fuller’s own suggestion was
that legislation should be enacted both by Congress and the several
a See Report of the Industrial Commission, Volume IX , page 12.

351— No. 37— 01----- 4

1068

BULLETIN OF THE DEPARTMENT OF LABOR,

States forbidding any railroad company from furnishing any record
of any employee to any other railroad company, either by private let
ter, telegram, or by express, or any other way. He also recommended
that the postal laws be so amended as to prohibit the use of the mails
for carrying on such correspondence.
A bill which represents the radical labor sentiment on this subject
was prepared by M r. William J. Strong, and introduced in the United
States Senate May 14, 1900. The bill was referred to the Committee
on Education and Labor, and has not yet been reported b}r that
Committee, (a)
a The text of this bill, in the somewhat amended form in which it is intended that
it shall be presented again at the next session of Congress, is as follows:
A Bill To preserve and guard the safety of the public and to prevent and punish'
blacklisting by railroad companies, sleeping car companies, express companies,
steamboat companies, telegraph and telephone companies engaged in interstate
commerce, and to provide a civil remedy in damages for blacklisting.
Beit enacted by the Senate and Home of Representatives of the United States of America
in Congress assembled:
S e c t io n 1. That any combination, agreement, or understanding, tacit or otherwise,
between two or more persons or corporations, or between any person or persons with
any corporation owning, running, or operating any railroad, steamboat, express,
telegraph or telephone lines, or transportation line, engaged in commerce betwreen
any of the several States or Territories of the United States, or between this nation
and any foreign nation, and any such combination between any persons engaged in
the service of any person or corporation so concerned in such commerce to prevent
or hinder the employment of any person or persons, or to cause the discharge of any
person or persons from employment by any ««uch railroad, telegraph, or other trans
portation line, by reason of any participation in any strike or labor trouble, or by
reason of any membership or participation in any labor organization, or for any other
cause except for drunkenness while on duty, dishonesty, or gross carelessness in the
performance of any such service, or physical or mental incapacity, as hereinafter set
forth, shall be an unlawful conspiracy against the United States, and all persons and all
officers and employees of any such corporation who shall be convicted of in any way
participating in any such conspiracy shall be punished by imprisonment in the peni
tentiary for a term of not less than twro and more than ten years.
S e c . 2. That it shall be the duty of all persons and corporations engaged in any
business described in the first section of this act to give every employee on request
a service card showing the length of service and the particular branch of service in
which he has been engaged, and such service cards shall in all instances state the
length of service, the branch of service in which he has been engaged, and whether
the service of any such employee has been “ satisfactory’ 7 or “ unsatisfactory,” and
nothing else shall be stated on any such service card whatever; and it shall be unlawful
and prima facie evidence of a conspiracy to blacklist, and of his participation therein,
for any person or officer or eitiployee of any corporation to place on any such card
the date at wrhich any employee leit the service of any such person or corporation, or
to place the word “ unsatisfactory ” on any such card without good cause and before
an investigation and hearing, as hereinafter provided, and such word “ unsatisfac
tory” shall not in any instance be placed on any such card by reason of participa
tion in any strike, or because such employee belonged to any labor union or labor
organization.
Provided, however, That if any such employee has been discharged for unsatisfac
tory service, drunkenness, dishonesty, gross carelessness, or physical infirmity, it
shall be the duty of the person or official giving him a card to state such fact on the
service card given to any such employee, and there shall be no liability, civil or crim
inal, for making such statement if the same is made in good faith and after a rea
sonable investigation and hearing to ascertain the truth or falsity of any such charge,
of which hearing and investigation any such employee so charged shall be given ten
days’ notice in writing and an opportunity to be heard and to produce evidence and
to examine witnesses in his own behalf.
Sec. 3. It shall be unlawful and prima facie evidence of a conspiracy to blacklist
as herein defined, and of his or its participation therein, for any person or corpora-

BAIL W AY EMPLOYEES. IN THE UNITED STATES.

1069

There is little probability that even the railroad employees’ organi
zations will agree to indorse so radical a measure. From the testi
mony of the individual representatives or chief executive officers*of
the railroad brotherhoods it would seem that the labor leaders feel
that existing legislation has reduced the evil of blacklisting to a mini
mum, and if enforced will do as much as can be hoped for from legis
lation in this direction. Mr. John T. Wilson, grand chief of the
Brotherhood of Railroad Trackmen, said in his testimony before the
Industrial Commission: “ The system of blacklisting is conducted with
so much privacy that I hardly think it possible to enact and enforce
tion mentioned in the first section of this act to require any applicant for employ
ment to sign any written application, or to answer any question, written or oral,
concerning his age, or previous employer, or the cause for leaving any former em
ployer, or the time he left any former employer; and it shall also be unlawful and
prima facie evidence of conspiracy to blacklist, and of his or its participation therein,
for any such person or corporation, or any officer, agent, or employee thereof, to
ask, or to give by letter, telephone, telegraph, or otherwise, any information con
cerning any employee who has been discharged or left any such employment, other
than may appear upon the service card of such person herein provided for.
Provided, however, That it shall be the duty of all persons employing men in such
business to require every applicant for work, except inexperienced men, to show his
service card; and all applicants, whether experienced or new men, to show the cer
tificate of a physician hereinafter provided for, when applying for work, to any rail
road company mentioned in the first section of this act. And if any employee to
whom such service card and physician’s certificate have been given has lost such
card or certificate, it shall be the duty of the person or officer whose duty it is to
give the same to issue and deliver such person, on demand, a duplicate thereof.
S e c . 4. It shall be the duty of every person and corporation engaged in any busi
ness described in the first section of this act to keep a record of the names of all
employees, the length of service, and the causes, if any, of their discharge or for
leaving such service, for the purpose of enabling them to give the service card in
this act described; and it shall also be their duty to appoint some officer whose duty
it shall be to issue such cards; and it shall also be the duty of every person or
official whose duty it is to issue such cards to keep the office of said person or official
at all times, from eight a. m. until six p. m. each day (except Sundays and legal
holidays), open and free of access, with some person in charge thereof, so that em
ployees may not be hindered or delayed in procuring such service cards; and a fail
ure to comply with any provision or provisions of this act shall make the person
whose duty it is to give such cards, and the person or corporation employing him,
liable to damages to any employee who has failed to get such card by reason of any
neglect or omission of duty herein described, or refusal to give any such card on de
mand, and the same shall be considered and taken as prima facie evidence of an
intention to blacklist such employee, and of the participation therein of the person
and corporation so failing to do its duty as aforesaid. The records of employees
described herein shall at all times be open for the inspection of all employees who
may desire to see their own record, but no employee shall be allowed to see the
record of any other employee, and none of such records shall be shown to any other
person or persons whomsoever, except to the person in charge of the same; except
that in any action, either civil or criminal, under this act, such record shall be
opened to the inspection of the attorney for the plaintiff or of the United States,
regarding the record of any such employee who has instituted an action for damages,
or on whose account a criminal prosecution is contemplated or commenced, or on
whose account an action has been commenced by any other person entitled to bring
such action under any of the provisions of this act, either civil or criminal; and a
failure to allow such inspection or to produce such records in court on demand made
in writing upon the person having the custody of the same, or upon any president,
superintendent, or other general officer of such corporation mentioned in the first
section of this act, shall subject such person or officer upon whom such demand in
writing has been made to a fine of one thousand ($1,000) dollars and imprisonment for
one year for each and every refusal to allow such inspection or to produce such record
in court, upon legal proof being made in open court of such demand and refusal; and

1070

BULLETIN OF THE DEPARTMENT OF LABOR.

laws to abolish the evil. I do not think that very many railway mana
gers would condescend to blacklist an employee without he had shown
himself to be reckless, unreliable, or unworthy of trust.” Mr. W . H.
Ronemus, grand chief of the Brotherhood of Railway Carmen, in his
testimony before the Industrial Commission said: “ I believe the
causes for blacklisting will gradually disappear altogether, brought
about by the general organization of the employees, as the unreliable
will not generally be admitted to the organizations, and by the general
recognition of organizations the cause for discontent from this source
will become less with time. If it becomes necessary to further legis
late against the practice, I believe such legislation can be secured;
in any civil action for damages under this act such refusal shall be prima facie evi
dence of the existence of a conspiracy to blacklist, and of the participation therein
of the person or corporation so refusing to produce such record or allow such
inspection.
S ec. 5. It shall be the duty of the Interstate Commerce Commission to appoint as
many medical examiners as may be necessary in the opinion of such Commission,
who shall be licensed physicians, at each division headquarters of any such railroad
mentioned in the first section of this act, whose duty it shall be to test the eyesight
and hearing of all applicants for work, as well as the physical and mental condition
of all such applicants who may present themselves stating that they desire to apply
for work to any corporation or person mentioned in the first section in this act; and
upon examination of any such applicant, if he is in the opinion of such examiner
fit for the service for which he intends to apply, it shall be the duty of such exam
iner to give a written certificate to such applicant, concerning his eyesight, hearing,
and physical and mental fitness to perform such service, which certificate shall be in
the form prescribed by said Interstate Commerce Commission; and if in the opinion
of any such medical examiner any such applicant is qualified to engage in such serv
ice and it shall be so stated in any such certificate, such certificate shall be prima
facie evidence of the fitness of such person for such service; and it shall be unlawful
and prima facie evidence of a conspiracy mentioned in the first section of this act,
and of his or its participation therein, for any person, corporation, or servant thereof
whose duty it is to employ men to deny any such applicant employment when in
need of men if any such applicant, at the time of his application, produces such cer
tificate, showing his fitness, and such service card hereinbefore mentioned, showing
that his former services have been “ satisfactory;” and any physician or medical
examiner provided for in this act who shall willfully or maliciously refuse to give a
certificate of fitness as herein provided to any such person applying tor the same who
is in fact entitled to the same shall upon satisfactory proof thereof, made before said
Interstate Commerce Commission,'be discharged from his position by said Interstate
Commerce Commission, and forever barred from holding a similar position under this
act, and in addition thereto shall upon proof thereof in any court of competent juris
diction be deemed and held to be a party to the conspiracy described in the first
section of this act, and subject to the penalties therein prescribed.
Provided, That nothing in this section shall be construed to prevent any person or
corporation engaged in the business mentioned in the first section of this act from
selecting between two or more persons who may at the same time present themselves
and apply for any position that may be open.
Sec. 6. The medical examiners provided for in the preceding section shall each
receive a salary of twenty-five hundred ($2,500) dollars per annum, which shall be
paid quarterly out of the Treasury of tne United States, and the salaries of such
medical examiners shall be charged up pro rata against all the railroads and other
persons or corporations engaged in the business mentioned in the first section of
this act, and, having lines running into the division headquarters where any such
examiners are located, which salaries shall be refunded and paid by such railroads
and other persons and corporations mentioned in the first section of this act to the
Treasurer of the United States, once each year upon the pro rata basis aforesaid; and
no physician who has ever been in the employ of any railroad or of other of said
corporations or persons mentioned in the first section of this act shall be appointed
to any position of medical examiner provided for in this act; and no such medical
examiner shall, directly or indirectly, accept any other emolument or employment
from any corporation or person mentioned in the first section of this act. And a

RAILW AY EMPLOYEES IN THE UNITED STATES.

1071

but under the present circumstances I would not recommend such
further legislation.” In another statement presented to the Indus
trial Commission, signed by the chiefs of the 5 brotherhoods or orders
represented by Mr. Fuller in the testimony to which reference has
been made, the following language with respect to legislation on the
subject of blacklisting is used, after a reference to the fact that section
10 of the act of June 1, 1898, makes blacklisting a misdemeanor: “ W e
are of the opinion that existing laws, State and national, are sufficient
to prevent any open blacklisting of ex-employees. It will probably be
impossible to entirely stop the secret practice unless a penalty suffi
ciently severe to make fear of the penalty outweigh desire to violate
the law can be attached. W e favor such a penalty.” (a)
violation of this provision by any such medical examiner shall be a cause for his
removal from such position upon satisfactory proof thereof being made to said Inter
state Commerce Commission. Such medical examiners shall hold their respective
offices for a period of four years unless sooner removed by said Interstate Commerce
Commission for cause.
Sec. 7. Any person who has been prevented from securing employment or has
been discharged from employment, or who is otherwise injured by any act done or
omitted to be done, as provided in this act, may sue in the district or circuit court of
the United States in any district where service maybe had upon the defendant or one
of the defendants, or in any State court of general jurisdiction in any county where
legal service may be had upon any defendant under the laws of the State, and he
may recover of any person or corporation concerned in such conspiracy all damages
which he has sustained thereby, and in all actions for damages under this act, exem
plary damages may be assessed in the discretion of the jury trying the case and for
the purposes of this act proof of refusal to give such service card described in sec
tion 2 of this act, or of any refusal to employ any person having and presenting such
service card, and physician’ s certificate aforesaid, by any of the persons or corpora
tions mentioned in section 1 of this act, shall be prima facie evidence of blacklisting
and of an intent to injure, for which damages may be recovered under this act.
Provided, however, That no damages shall be recovered under this act for discharg
ing any employee or for a refusal to employ any person, when such discharge or
refusal to employ was on account of the fact that no men were needed by the person
or corporation so discharging or refusing such employment at the time of such dis
charge or refusal, and upon any trial either civil or criminal under this act, the burden
of proving that no men were needed, and that any person discharged from employ
ment or denied employment was discharged or denied employment by reason of the
fact that no men were needed at the time of such discharge or refusal, shall in every
case be upon the defendant or defendants.
Sec. 8. The denial of employment or discharge of any employee for any cause
other than physical or mental unfitness, intoxication, dishonesty,or gross carelessness
as described in section 1 of this act, shall be considered, and is by this act defined to
be “ blacklisting,” and in any civil action for damages or criminal prosecution under
this act it shall be sufficient to allege in the indictment, complaint, or declaration that
the plaintiff was blacklisted by the defendant or defendants, naming them, and giving
the month and year when the same was done, and in the proof of any conspiracy
under this act it shall be competent to offer in evidence any act or statement of the
persons or corporations mentioned in the first section of this act, and of their agents
who hire or discharge them, which tends in any way to establish such charge of
blacklisting or conspiracy to blacklist and the jury trying any such case shall have
the right to infer that such person was blacklisted from circumstantial evidence, and
actions for damages under this act shall survive to the personal representatives of any
person injured.
Provided, That any discharge of employees by reason of slack business and lack of
work shall not be considered a violation of this section.
Sec. 9. All laws and parts of laws which are in conflict with this act or any portion
thereof are hereby repealed in so far as they may affect any provisions in this act or
the rules of procedure, and evidence in all cases prosecuted under this act or any
provision thereof.
a See Report of the Industrial Commission, Volume IV, page 760.

1072

BULLETIN OF THE DEPARTMENT OF LABOR.

Another suggestion with respect to remedies somewhat less radical
has been hinted at by several persons interested in the blacklisting
cases, namely, that it might be made unlawful for any person to fur
nish a statement to any other employer concerning an employee with
out first furnishing the employee with a true copy. This would
overcome some of the hardships which many men who have supposed
themselves to be blacklisted have endured when told merely that their
references were unsatisfactory. It would give them^a chance, per
haps, to be heard and to combat untrue statements that might be made
by a former employer. The real remedy for real grievances with
respect to blacklisting will only come through the gradual working out
of a system of discipline by the railroad companies by which a better
record of an employee’s services is kept, and through which better
relations between employer and employed are maintained.
It is
insisted by some that the Government control and ownership of rail
road lines would probably also accomplish the elimination of black
listing, provided civil-service rules were enforced.
THE PENSIONING OP R AILW AY EMPLOYEES.
Definite pension systems have now been adopted by several of the
leading railroad companies of the country as company measures. The
pension features have naturally and inevitably grown out of other
forms of company relief provided for employees. In general they
represent efforts to extend and systematize earlier measures to aid
employees.
There is little need here to call attention to the special needs of rail
road employees for some kind of aid in protecting themselves against
the accidents and other unavoidable ills inherent in their peculiar
employment. Prof. Emory R. Johnson, of the University of Penn
sylvania, has already treated at length of the history and plan of organ
ization of railway relief departments in an article published in Bulletin
No. 8, January, 1897; and also in a paper entitled Railway Depart
ments for the Relief and Insurance of Employees, presented to the
» American Academy of Political and Social Science, and published in
the Annals of the Academy, Volume V I, pages 424 to 468. Rail
way employees have also, through their brotherhood organizations,
done much for themselves in the direction of providing mutual
and fraternal insurance against sickness, accident, and death. The his
tory and results of these efforts have also been reviewed by Professor
Johnson in an able article entitled Brotherhood Relief and Insurance
of Railway Employees, published in Bulletin No. 17, July, 1898. It
may be of interest here, however, to refer briefly to some of the devel
opments in forms of insurance and protection of railway employees
since the date of the material considered in these articles, namely, since
1895 for material relating to company relief, and since 1897 for material
relating to brotherhood relief.

R A IL W A Y

EMPLOYEES IK

THE U N ITE D

STATES.

1073

RELIEF AND INSURANCE SOCIETIES OF THE RAILWAY BROTHERHOODS.

The plan usually followed in the organization of insurance depart
ments is to have a separate fund managed by the officers of the national
organization in the brotherhood and subject to the control of the
brotherhood assembled in its annual convention. In the case of the
Brotherhood of Locomotive Engineers the insurance department is a
separate organization with different officers, who, however, report to
the annual convention. In most of the brotherhoods insurance is com
pulsory and is made a condition of membership. The terms on which
insurance is offered in several brotherhoods is discussed at length by
Professor Johnson in the article referred to above, and also somewhat
more in detail by the present writer in a historical sketch of the broth
erhoods, prepared as part of his report on the subject of railway labor
for the Industrial Commission, (a) The subordinate lodges of the sev
eral brotherhoods provide in some cases for mutual funds which are
for sick and accident benefits. These are, however, unimportant com
pared with the provision made by the several national organizations.
The following tables will serve to indicate the recent growth and present
condition of these insurance departments:
STATISTICS OF THE LOCOMOTIVE ENGINEERS’ MUTUAL LIFE AND ACCIDENT INSURANCE
ASSOCIATION, 1894 TO 1900.
Member Assessments levied upon hold Assess
ers of certificates of—
ments
Member
ship of
Year
Divi
per
insur
ship of
ending brother
sions at ance asso
$1,000
Decem
close of ciation at
of in
hood
$1,500.
$3,000.
$750.
$4,500. surance
ber 31— March 31. year.
close of
carried.
year.
1 8 9 4 ....
1 8 9 5 ....
1896 . . . .
1897 . . . .
1 8 9 8 ....
1 8 9 9 ....
1 9 0 0 ....

32,023
31,004
30,309
31,723
33,723
33,786
35,010

530
533
535
472
538
543
569

16,009
16,872
18,739
20,223
22,353
24,354
26,424

$ii. 75
12.00
14.25
14.00
13.50

$25.00
21.75
23.50
23.50
28.00
27.50
26.50

$50.00
43.50
47.00
46.50
55.50
54.50
52.50

$75.00
65.25
70.50
69.50
83.00
81.50
78.50

Total
claims
paid.

Total in
surance
outstand
ing.

$16.67 $409,500.00 $30,900,000
14.50 568,500.00 31,480,500
15.67 602,250.00 40,344,750
15.34 613,515.20 43,572,000
18.34 732,312.69 48,036,000
18.00 814,500.00 50,508,750
17.34 810,750.00 53,714,250

STATISTICS OF THE BENEFICIARY DEPARTMENT OF THE BROTHERHOOD OF LOCOMOTIVE
FIREMEN, 1892 TO 1900.
Member Amount assessed
Number of bene
Member
each member hold fits
ship of
Fiscal ship of
paid for each
ing a certificate
year
Lodges benefici
class.
brother at close
for—
ary de
ending hood at
of year. partment
July
close of
at close $500. $1,000. $1,500. $500. $1,000. $1,500.
31—
year.
of year.
1892..
1893..
1894..
1895 (6)
1896 ( b )
1897 (b )
1898..
1899..
1900..

26,256
..
28,681
..
26,508
..
21,408
22,461
24,251
27,039
..
30,748
..
36,084
..

488
506
517
484
507
523
545
561
577

$16.00
25,967
16.00
28,550
14.00
26,377
21,282 $5.25 $10.50 14.00
22,227 6.00 12.00 16.00
24,118 6.00 12.00 16.00
26,841 6.00 12.00 16.00
30,500 6.00 12.00 16.00
35,801 6.00 12.00 16.00

12
6
25
15
40
28

1
9
8
8
12
11

Total
claims
paid.

267 $399,250.00 $38,950,500
318 476.750.00 43.825.000
289 435.467.50 39.565.500
211 333.816.50 32.107.000
203 316.084.50 33,102,400
202 324.726.00 34.424.500
220 338,000.00 37.372.500
265 424.900.00 41.937.500
287 458.672.00 49.312.500

a See Report of the Industrial Commission, Volume X V II, pages 821-847.
b Fiscal year ending June 30.

Total in
surance
outstand
ing.

1074

BULLETIN OF THE DEPARTMENT OF LABOR.

STATISTICS OF THE MUTUAL BENEFIT DEPARTMENT OF THE ORDER OF R AILW A Y
CONDUCTORS OF AMERICA, 1892 TO 1900.
Mem
ber
ship
Year
ending of or
Decem der at
ber 31— close
of
year.
1892....
1893....
1 8 91....
1895....
1896....
1897....
1898....
1899....
1900....

20,238
20,356
19,253
19,737
19,810
20,697
21,950
23,526
24,502

Number of ben
Mem Assessments levied
upon series—
efits paid in
bership
Assess
Divi of mu
series—
ments
sions tual
per
insur
at
Total ben Total
benefit
$1,000
ance out
close depart
efits paid.
of
in
standing.
B
A
C D E
of
B
surance A
C D E
year. ment
carried.
at close
of year.
337
342
363
370
373
382
388
396
405

9,942 $14 $28 $42 $56 $70
12,266 15 30 45 60 75
12,704 16 32 48 64 80
13,582 14 28 42 56 70
14,619 14 28 42 56 70
15,807 14 28 42 56 70
17,403 14 28 42 56 70
19,057 15 30 45 60 75
20,415 16 32 48 64 80

a Paid 61 old $2,500 claims.

$14 31
15 43
16 56
14 56
14 61
14 61
14 91
515 ! 81
516 | 99
b

8
14
39
28
31
48
55
60
60

63 1 a $392,870.40
77 2 2 320,000.00
60 4 3 345,000.00
65 8 1 344,000.00
58 8 2 339,000.00
73 8 1 416,000.00
79 7 3 481,000.00
84 11 1 502,000.00
92 5 1 520,000.00

$22,347,000
26,143,000
26,027,000
27,395,000
29,267,000
31,625,000
34,817,000
37,689,000
39,881,-*000

Includes $1 for reserve fund.

STATISTICS OF THE BENEFICIARY DEPARTMENT OF THE BROTHERHOOD OF RAILROAD
TRAINMEN, 1884 TO 1900.
[The atsessments shown in this table from 1885 to 1894 do not agree with those shown in Bulletin
No. 17, July, 1898, page 580. The figures here shown have been verified by the officials of the
brotherhood and pronounced correct. The figures shown in Bulletin No. 17 were furnished by the
brotherhood at the time, and the reason for the disagreement is not known.]

Member
ship of
Fiscal year brother
ending Au
hood at
gust 31—
close of
year.

Subor
dinate
lodges
at close
of year.

Amount assessed each member Assess
holding certificate for—
Member
ments
ship of
per
Num Total paid
benefi
$1,000 ber of
on insur
ciary de
of
claims
ance
partment $400. $600. $800. $1,000. $1,200. insur paid.
claims.
ance
at close
car
of year.
ried.

1884.............
1885.............
1886.............
1887.............
1888.............
1889.............
1890.............
1891.............
1892.............
1893.............
1894.............
1895-96 (a) .

901
4,766
7,993
8,622
11,413
13,562
14,057
20,409
24,431
28,540
22,359
22,326

39
159
223
227
260
318
365
422
489
532
507
514

876
4,703
7,914
8,476
11,209
13,322
13,837
20,198
24,131
28,219
22,070
21,846 / $9

1897-98 (c) .

31,185

568

28,198

1899-1900(c)

43,500

602

40,500

$13
$13
$16
21
22
21
21
23
$19
18
24
18

b
i

.
9

24
18
24

$16.00
27
21.66
83
16.25
127
16.00
165
221
21.00
271
22.00
21.00
346
21.00
391
23.00
547
15.83
532
22.50 | 751
20.00
22.50
20.00 | 928
22.50 j l , 317
20.00

$6,596.82
44,976.63
99,100.00
123.106.25
253.318.00
274.027.25
368,637.05
441.221.00
573.203.00
590,310.20
b S 93,407.98
1,042,014.44
d l,

419,828.42

a From August 81,1895, to December 31,1896—sixteen months.
b This total is made up of the following items: 12 $400 certificates, $4,800; 3 $800 certificates, $2,400;
33 $1,000 certificates, $33,000; 679 $1,200 certificates, $814,800; 1 $2,000 claim, $2,000; 11 $2,400 claims,
$26,400, and 12 miscellaneous certificates (where interest and attorney fees are added by courts),
$10,007.98.
cFor two years. Under the head “Amount assessed each member,” the amount given is for one
year.
dFor this year 10 per cent of the membership of the beneficiary department was in Class A, 5 per
cent in Class B, and 85 per cent in Class C. From August 1,1895, these three classes of insurance have
been issued: A, certificates for $400; B, certificates for $800; C, certificates for $1,200.

STATISTICS OF MUTUAL BENEFIT DEPARTMENT, ORDER OF RAILROAD TELEGRAPHERS,

The mutual benefit department of the Order of Railroad Teleg
raphers was organized January 1, 1898. It provided a plan for
benefits for all members initiated after that date and also for old mem
bers who wished to participate. Certificates are issued in series of

BAILW AY EMPLOYEES IN THE UNITED STATES.

1075

$800, $500, and $1,000 each. The minimum cost of membership in the
order is $8.50 initiation fee and $7 per year dues. A ny member of
the order in good standing and satisfactory physical condition is com
pelled to be a member of the benefit department. Members over 18
and under 15 years of age may hold one certificate in either of the
three series, A , B, or C; members over 15 but not over 50 are eligible
only to series A and B, and members over 50 but not over 60 are eligible
only to series A . Members over 60 are not eligible to membership
in the mutual benefit department. The dues in the mutual benefit
department are payable bimonthly, being six payments per year of
85 cents each for a certificate in series A ; 50 cents each for a certifi
cate in series B, and $1 each in series C. There is an initiation fee of
$1 for membership in any series. If these assessments do not prove
sufficient to pay approved claims the secretary, by the advice and con
sent of the insurance committee, may levy extra assessments.
The
order is not very strong, but in the year 1900 reported 82 subdivisions
with 8,000 male members and 200 female members. Membership in
the mutual benefit department on December 1, 1899, was as follows:
Series A , 8,068; series B, 2,186; series C, 2,828.
During the year
1899 death claims paid amounted to $17,500.
STATISTICS OF BROTHERHOOD OF R AILW AY CARMEN’S MUTUAL AID ASSOCIATION,
1892 TO 1900.

Fiscal year ending June 3 0 -

1892......................................................
1893......................................................
1894......................................................
1895......................................................
1896......................................................
1897......................................................
1898......................................................
1899......................................................
1900.....................................................

Member
ship of
brother
hood at
close of
year.
5,000
4,200
2,900
1,800
740
1,300
1,000
1,500
3,500

Membership
Amount
Lodges of mutual aid of
assess
association
at close
ments
of year.
at close of
levied.
year.
135
159
110
60
12
35
30
50
90

Number
of bene
fits paid.

70
$1.00
1
3
193
3.00
2
141
2.00
2
122
2.00
1
60
1.00
1
90
1.00
50
60 ___________ 1_________
2
65
2.00 1

Total
benefits
paid.

$70.00
460.00
283.00
250.00
57.00
90.00
150.00

Although the brotherhoods are in a flourishing condition, both with
respect to the membership in the brotherhood proper and also in the
membership of the insurance or beneficiary departments, there is some
sign of a tendency for the average age to increase, which may seriously
affect the death risk. As these departments are mostly organized on
the mutual plan, this fact alone may not for some time make the insur
ance certificates of the brotherhood organizations any less desirable,
except that it will tend to make them cost more— that is, the assess
ments are likely to go up. Some such tendency is already noticeable
in the tables just given. The hardship of this condition lies in the fact
that if assessments increase the older members, especially on the older
policies, find it increasingly difficult to provide for the additional bur
den. Some of the brotherhood organizations are already taking steps

1076

BULLETIN OF THE DEPARTMENT OF LABOR.

to obviate this difficult}", which has caused the reorganization and some
times the ultimate collapse of so many fraternal insurance societies. The
benefit department of the Order of Railway Conductors, for instance,
now collects one dollar assessment per year for the reserve fund, and
most of these beneficiary departments are trying in some form or other
to accumulate a reserve. The dangers incident to any other policy
than one of great care in accumulating a reserve are well illustrated in
the present condition of the so-called “ Big F our” mutual association,
which is a voluntary association of the employees of the Cleveland,
Cincinnati, Chicago and St. Louis Railway, in which the company
itself takes no part. The association has been in operation 31 years
and in that time has paid out to its members between $600,000 and
$700,000 in benefits. It has not been able of late, however, to recruit
sufficient new and young members to keep down the average age. The
financial statement presented at the last annual meeting of the associa
tion held in Indianapolis October 24, 1900, showed that of 974 full
members 64 members of class A and 44 members of class B had for
feited during the year, and there had been 24 deaths. In order to make
ends meet, $400 of the reserve fund had to be carried over to the gen
eral fund account, although the company had donated $750 to meet the
running expenses of the association. This reduced the reserve fund at
the close of the fiscal year to $134. For an organization in such con
dition there is little choice but a reorganization and an increase of the
assessments on the older outstanding certificates. The case cited is not
an isolated one, but is typical of many mutual associations among rail
road employees who have organized them independently of the brother
hood organizations or of the company forms of relief. Some mutual
associations have been wise enough to make each assessment include a
certain percentage to be used for a reserve fund. The amount should be
based on rates that would result, after 25 years’ contribution, iq pro
tecting the assessment of members who had contributed through that
period, in order that they might either receive full-paid policies at the
end of that time or be relieved of any increased assessment because of
an increase in the average age of members. The insurance features of
the brotherhoods which do not provide in their assessments for regular
additions to the reserve fund are liable to the dangers just mentioned.
THE RAILWAY RELIEF DEPARTMENTS OF THE COMPANIES.

The six railway systems, whose relief departments were discussed
in Professor Johnson’s article in the Bulletin, still maintain these fea
tures, in addition to the pension departments which some of them
have established. The last annual reports of four of these depart
ments indicate that they are in a flourishing condition.
The Pennsylvania Railroad Voluntary Relief Department for the
year ending December 31, 1900, showed for the relief fund account a
balance on hand of $248,799.93, in addition to which the relief fund

RAILW AY EMPLOYEES IN THE UNITED STATES.

1077

surplus, together with interest during the year, amounted on Decem
ber 31,1900, to $669,981.90; the interest, amounting to $29,877.05,
was used for a superannuation fund, allowances being paid retired
members during the year amounting to $28,303.32. The total ben
efits paid during the year amounted to $816,686.53, and the relief
from contributions by the companies for members continuing disabled
by sickness after receiving benefits for 52 weeks amounted to $1,883.19.
This item has been discontinued since the adoption of the pension
fund feature by the Pennsylvania Railroad Company. During the 5
years that the department has been in operation benefits have been
paid and contributions made by the companjTas follows:
Benefits paid from relief fund for—
Disablements from accident............................................................... $1,550, 469. 21
Disablements from sickness............................................................... 2, 764, 721. 77
Deaths from accident..........................................................................
860, 305. 73
Deaths from other causes......................................................... P___ 2,616,035.55
Total benefits...................................................................................

7, 797,532. 26

Contributions made by the company for—
Operating expenses.............................................................................
Special payments.................................................................................
Relief to sick members having exhausted their title to benefits . .
Deficiencies in relief fu n d..................................................................

1,300,654.30
60,652. 86
363,919.05
76,585.51

Total contributions by company....................................................
Total payments from relief fund and from company...................

1,801,811. 72
9, 599,343.98

The accessions to membership during 1900 were 12,939, averaging
1,038 per month, and exceeding the deaths and withdrawals by 12,302.
There were 9,303 members who left the service. The net gain in
membership was 2,999; the average monthly membership 50,184, and
the total at the close of the year 1900 was 51,528 members, (a)
The last annual report of the Burlington Voluntary Relief Depart
ment for the year ending December 31, 1900, showed an estimated
surplus of $329,145.29. The net contributions of members for the
year 1900 amounted to $354,107.68. The railroad company' allowed
interest on monthly balances at 4 per cent per annum, which amounted
to $42,532.94. The payments by the railroad company in establishing,
a For a very complete statement of the operation and present condition of the
Pennsylvania Railroad employees7 relief fund see articles by Mr. J. A. Anderson
in the Railroad Gazette for December 21,1900, and December 28,1900. Mr. Ander
son was superintendent of this department until January 1, 1900, at which time he
was retired under the pension department regulations. The plan is very largely of
Mr. Anderson’s creation in its development. His suggestions have' usually been fol
lowed by the company with great success, and, as already noted, other companies
have very largely followed this example. See also Professor Johnson’ s articles in
Bulletin No. 8, January, 1897, page 55, and Annals of the American Academy, Vol
ume VI, 1895. See also pamphlet entitled The Pennsylvania Railroad Voluntary
Relief Department,’ How Organized, and the Results of Thirteen Years’ Operation,
published by the advisory committee, Trenton, N. J.

1078

BULLETIN OF THE DEPARTMENT OF LABOR.

operating, and maintaining the relief department from 1889 to 1900,
inclusive, were as follows:
Establishment and maintenance to 1899, inclusive................................... $558,365.48
Operating expenses for 1900..........................................................................
63,206.96
Deficiencies charged off during p eriod ........................................................
42,532.94
Total payments by railroad company..............................................

664,105.38

The considerable surplus carried will not be used as a basis for a
superannuation fund, as no such feature was contemplated in the Bur
lington form of organization. The surplus will probably be needed,
for the regulations as amended January 1, 1900, have become more
liberal, and the average age of the permanent force is increasing,
which must result in an increase in the death rate. W ith these two
considerations in view the amount of surplus is small, considering the
magnitude of the operations and the amount of death benefit at risk.
The total amount of death benefit carried by the 19,000 members of
the Burlington Voluntary Relief Department? is nearly $12,000,000.
The benefits paid in 1900 were classified as follows:
Disablements from sickness............................................................................$83,841.23
Deaths from sickness....................................................................................... 61,110.00
Disablements from accident............................................................................ 98,584.00
Deaths from accident....................................................................................... 32,488.34
Surgical attendance.......................................................................................... 19,861.57
Total benefits......................................................................................... 295,885.14

The membership in this fund on December 31 of each year since 1889
was as follows:
MEMBERSHIP OF BURLINGTON VOLUNTARY RELIEF DEPARTMENT, DECEMBER 31, 1839
TO 1900.

Year.

1889...............................................................
1890...............................................................
1891...............................................................
1892...............................................................
1893...............................................................
1894...............................................................

Member- j
ship Decem
ber 31.
I

Year.

5,027 i’ 1895.............................................................
9,407 ! 1896.............................................................
10,336 | 1897.............................................................
12,283 i 1898.............................................................
11,476 i 1899.............................................................
11,768 ! 1900.............................................................

Member
ship Decem
ber 31.
13,463
12,755
15,228
16,325
17,412
18,668

The percentage of members to employees has remained about con
stant during this period. In December, 1889, it was 55.09 per cent,
and in December, 1900, 57.78 per cent.
The twelfth annual report of the Philadelphia and Reading Relief
Association for the year ending November 30, 1900, shows contribu
tions by members amounting to $236,645.45; contributions by the
Philadelphia and Reading Railway Company, $8,753.79; interest on
monthly bank balances at 3 per cent per annum, $439.48; income from
investments, $25,945.95; making a total of receipts of $274,884.67.
Total death benefits paid during the year amounted to $105,462.80, and

1079

RAILW AY EMPLOYEES IN THE UNITED STATES.

the total disablement benefits amounted to $148,595.45. The surplus
for the year was $6,818.12, and the accumulated surplus on November
30,1900, was $407,285.60. The advisory committee directed the setting
aside of $10,687.45 from the surplus fund for the further support of
such disabled members as, having received 52 weeks’ disabled benefits,
remain thereafter totally unable to earn a livelihood. The expenses of
operating the relief association for the year were $27,692.76, of which
amount $14,184.46 was paid by the company and the balance, $13,508.30,
was paid out of the relief fund. In addition to this amount paid by
the company, the company contributed the sum of $11,853.79, equaling
5 per cent of the sums contributed during the year by the employees
who were members of the association. This is in accordance with
the agreement of the company with the association. It made a cash
outlay by the company for the year of $26,038.25, in addition to which
the company contributed the time of certain officials in several depart
ments of the service, who attended to relief association business, legal
services and expenses, the rent and care of offices, and the use of tele
graph facilities. The average age of members who died during the
year was 41.54 years. The average membership for the year was
16,782, and the membership at the close of the year was 17,208, being
an increase compared with the previous year of 824.
The last report of the Baltimore and Ohio Relief Department (the
twelfth annual) for the fiscal year ending June 30, 1900, shows that
the relidf feature began its operations with a gross balance on hand
June 30, 1899, amounting to $727,105.78; that there was realized from
premium on exchange of investments during the year, to be added to
this fund, $21,866.60, making a total of $748,972.38. The chief items
of receipt for the year were as follows: Contributions from members,
$496,299.26; interest on investments, $34,632.05; interest paid by the
company on monthly balances in treasurer’s hands, $1,263.80. The
assets over estimated liabilities at the close of the year amounted to
$622,942.22. The chief items of expenditure during the year were as
follows: Benefits to members, including surgical expenses, $491,859.76;
general expenses, $54,238.56; legal expenses, $1,081.76; contributions
refunded members leaving the service, $5,778.85. An analysis of
benefits paid from July 1, 1899, to June 30, 1900, is as follows:
BENEFITS PAID BY THE BALTIMORE AND OHIO RELIEF DEPARTMENT, JULY 1, 1899, TO
JUNE 30, 1900.
Number
of pay
ments.

Amount.

Average
per
payment.

Deaths from accident on d u ty ....................................................................
Deaths from other causes.............................................................................
Disablements from injuries received in discharge of duty . ...............
Surgical expenses............................................................................................
Disablements from sickness and causes other than above.................

107
203
8,382
5,888
9,104

$113,113.25
133,208.68
96,157.18
10,763.64
138,617.01

$1,057.13
656.20
11.47
1.82
15.22

Aggregate................................................................................................

23,684

491,859.76

20.76

1080

BULLETIN OF THE DEPARTMENT OF LABOR.

A similar analysis of benefits paid by the Baltimore and Ohio
Employees’ Relief Association and this department from May 1,1880,
to June 30, 1900, is as follows:
BENEFITS PAID BY BALTIMORE AND OHIO EMPLOYEES’ RELIEF ASSOCIATION AND ITS
SUCCESSOR, THE BALTIMORE AND OHIO RELIEF DEPARTMENT, M AY 1, 1880, TO JUNE
30, 1900.
Number
of pay
ments.

Average
per
payment.

Amount.

Deaths from accident on d u ty ....................................................................
Deaths from other causes..............................................................................
Disablements from injuries received in discharge of duty.................
Surgical expenses........ ....................................................................................
Disablements from sickness and causes other than above.................

1,397 $1,476,095.47
2,901 1,432,834.54
90,609 1,123,134.17
55,683
201,558.31
119,872 1,776,577.06

Aggregate................................................................................................
Add disbursements for expenses, etc., during same period.................

270,462

Total disbursements for all purposes..............................................

6,010,199.55
1,447,232.43

$1,056.61
493.91
12.39
3.61
14.82
22.22

7,457,431.98

The total membership of the relief department at the close of the
fiscal year was 34,672. The average monthly membership was 32,073.
The relief department of the Pennsylvania lines west of Pittsburg is
of course in all its essential features the same as that of the lines east
of Pittsburg, but it is a separate organization, and its fiscal year ends
on June 30 instead of December 31. Its operations brought down to
December 31,1899, are given by Mr. J. A . Anderson, (a) Its recent
operations are as follows: 62 per cent of the employees on the lines
west of Pittsburg were members of the relief department on Decem
ber 31,1899, the membership for each year since 1890 being as follows:
MEMBERSHIP OF THE RELIEF DEPARTMENT OF THE PENNSYLVANIA LINES WEST OF
PITTSBURG, DECEMBER 31, 1890 TO 1899.
Member
ship Dec. 31.

Year.
1890...............................................................
1891........................ .....................................
1892...............................................................
1893...............................................................
1894...............................................................

11,166
11,391
12.462
11.462
13,619

Year.
1895.............................................................
1896.............................................................
1897.............................................................
1898.............................................................
1899.............................................................

Member
ship Dec. 31.
15,884
15,936
16,455
16,801
17,749

The financial operations for the year 1899 are summarized as follows:
Contributions by members........................................................................ $2, 723,284.62
Contributions by the company:
Operating expenses......... ...................................................................
490,828.90
Deficiencies..........................................................................................
21,479.36
Supplementary company relief.........................................................
56,282.30
Total..................................................................................................
Interest on current balances paid by company.......................................
Death benefits:
Accidents in service...........................................................................
Natural causes.....................................................................................
a See Railroad Gazette, December 28, 1900.

568,590.56
43,455.52
256,780.52
742,174.45

KAILW AY EMPLOYEES IN THE UNITED STATES.

1081

Disablement benefits:
Accidents in service...........................................................................
Sickness................................................................................................

$717,720.90
895,002.67

Total benefits..... .............................................................................
Cash on hand to meet liabilities incurred or to go to surplus.............

2,611,678.54
176, 724. 86

In addition to the above railway relief departments, included in
Prof. Johnson’s review of such work, there was organized March 10,
1899, The Atlantic Coast Line Relief Department. It is managed by
an advisory committee, of which the general manager of the W ilm ing
ton and Weldon Railroad Company is chairman, and the committee
includes 12 members, 6 chosen annually by the boards of directors of
each of the constituent companies and 6 chosen annually by the several
classes of contributing employees. The enginemen, hostlers, firemen,
and wood passers of the associated companies make up one class of
employees, which chooses 1 member of the advisory committee; the
conductors, yard masters, baggage masters, flagmen, brakemen, train
hands, and yardmen constitute a second class, with 1 representative; the
employees of the roadway departments make up a third class, which
elects 2 representatives; the machinists, carpenters, overhaulers, clean
ers, and other shop employees make a fourth class, with 1 representa
tive; and the station agents, train dispatchers, telegraph operators,
clerks, warehousemen, and all others a fifth class, with 1 representative.
The associated companies are as follows: Wilmington and Weldon
Railroad Company, Atlantic Coast Line Railroad Company of Virginia,
Atlantic Coast Line Railroad Company of South Carolina, and the
Norfolk and Carolina Railroad Company. The associated companies
guarantee the fulfillment of the obligations of the relief department
and take charge of all moneys belonging to the relief fund, allowing 4
per cent interest on monthly balances and paying all operating expenses.
There are 5 classes of membership, determined by amount of wages
or average earnings per month of employees, as follows: (1) Less than
$35; (2) from $35 to $55; (3) from $55 to $75; (4) from $75 to $95; (5)
$95 or over.
No age qualification nor medical examination was required of
employees in the service of the company 3 months previous to the
date when the relief fund went into operation (April 1, 1899), if they
desired to become members. Members of each class contribute the
following amounts monthly: (1) $0.75; (2) $1.50; (3) $2.25; (4) $3; (5)
$3.75, for which they receive:
(1) Accident benefits.—Payment for each day of continuous disability by reason of
accident on duty, for a period not longer than 52 weeks in each class, as follows: (1)
$0.50; (2) $1; (3) $1.50; (4) $2; (5) $2.50, and at half these rates thereafter during
the continuance of disability. Members are also entitled to free surgical attendance.
(2) Sick benefits.—Payment for each day, except for the first 6 days, of disability
by reason of sickness, for a period not longer than 52 weeks, at same rates as for
accident benefits.
(3) Death benefits.—To the beneficiaries of members of each class, as follows:
(1) $250; (2) $500; (3) $750; (4) $1,000; (5) $1,250.

1082

BULLETIN OF THE DEPARTMENT OF LABOR.

W ith the exception of the first members, who were in the employ of
the company 3 months or more previous to the date of organization
of the relief department, applicants for membership are subject to
physical examination and to certain age conditions, and all members
have certain privileges by which they can take out additional benefits
at proportionately reduced charges, as will appear in the following
table:
COST PER MONTH OF INSURANCE IN THE ATLANTIC COAST LINE RELIEF DEPARTMENT.
Monthly contribution in—

Total
death
benefit.

$250..........
$500..........
$750..........
$ 1 ,0 0 0 ....
$ 1 ,2 5 0 ....
$ 1 ,5 0 0 ....
$ 1 ,7 5 0 ....
$ 2 ,0 0 0 ....
$ 2 ,2 5 0 ....
$2,500 . . . .

1st class—pay per 2d class—pay per 3d class—pay per 4th class—pay mer 5th class—pay per
month less than month $35 or less month $55 or less month $75 or less month $95 or over,
$35, benefits 50 than $55, benefits than $75, benefits than $95, benefits
benefits $2.50
$1 per day.
cents per day.
$1.50 per day.
$2 per day.
per day.
Over 45
45 years but not 45 years
of age or over 60 of age or
under. years of under.
age.
$0.75
1.05

$0.75
1.20

Over 45
but not 45 years
over 60 of age or
years of under.
age.

$i.50
1.80
2.10

$1.50
1.95
2.40

$2.25
2.55
2.85
3.15

Over 45
but not 45 years
over 60 of age or
years of under.
age.

$2.25
2.70
3.15
3.60

Over 45
but not 45 years
over 60 of age or
years of under.
age.

$3.00
3.30
3.60
3.90
4.20

$3.66
3.45
3.90
4.35
4.80

$3.75
4.05
4.35
4.65
4.95
5.25

Over 45
but not
over 60
years of
age.

$3.75
4.20
4.65
5.10
5.55
6.00

The ordinary death benefit of the first class is $250, and on this is
based all ordinary and additional benefits. The ordinary death benefit
of each higher class is this $250 multiplied by the number of the class,
so that the second class gets $500 ordinary death benefit, and so on for
the other classes. The member of the first class pays 75 cents monthly
contribution, entitling him to 50 cents daily benefits when sick or
injured and $250 death benefit, as provided for in the regulations. I f
the member is not over 45 years of age, he can secure additional death
benefit equal in amount to the death benefit of his class, viz, $250, for
which he contributes 30 cents additional per month. If over 45 years
of age he contributes 45 cents additional per month. A member of the
second class secures $500 ordinary death benefit, and can take 2 or less
additional death benefits under same rates as a member of the first class
for each additional death benefit. The other classes are provided for in
like manner. W hen a member applies for additional death benefit he
must submit to a medical examination, as provided in the regulations.
The following tabular statements illustrate the work and results of
the Atlantic Coast Line Relief Department from the date of its organ
ization to December 31, 1900:
OPERATIONS FOR THE FISCAL YEAR ENDING DECEMBER

31, 1900.

Balance on hand December 31, 1899 ............................................................. $11,141.01
Net contribution of members in 1900.........................................$43,075.33
Interest on monthly balances at 4 per cent per annum, paid
by the railroad company..........................................................
549.23

1083

RAILW AY EMPLOYEES IN THE UNITED STATES.
Income from treatment of pay patients at South Rocky Mount
Relief Department Hospital ( a) ..............................................

$63.00

Total receipts for 1900........................................................................... $43,637.56
Total resources...................................................................................... 54,828.57
Benefit orders cashed by treasurer in 1900............................... $37,515.93
South Rocky Mount Relief Department Hospital vouchers
cashed by treasurer in 1900.....................................................
1,690. 75
---------------- 39,206.68
Balance on hand, as per books of relief department, December 31, 1900..
LIABILITIES, DECEMBER

15,621.89

31, 1900.

Outstanding benefit orders.........................................................
Death benefit awaiting acceptance............................................
Estimate of maturing liability of 122 open cases of disability.
Reserve liability on account of contributions for death-benefitonly memberships ( b ) .............................................................
Unpaid South Rocky Mount Relief Department Hospital
maintenance vouchers.............................................................

$5,595. 73
3,000.00
3,050.00
1,246.17
27.70

Total known and estimated liability..................................................

12,919. 60

Estimated surplus............................................................................................

2, 702. 29

SUMMARY OF ACCOUNT FROM APRIL

1, 1899,

TO DECEMBER

31, 1900.

Net contributions of members....................................................$67,463.96
Income from treatment of pay patients at South Rocky Mount
63.00
Relief Department Hospital...................................................
Interest on monthly balances at 4 per cent per annum, paid by
708. 69
the railroad company..............................................................
Total resources....................................................................................... $68,235.65
Benefit orders paid account of sickness and death from sick
ness ............................................................................................ 40,592.50
Benefit orders paid account of accident and death from acci
dent............................................................................................ 10, 330.51
Vouchers paid account of maintenance of South Rocky Mount
Relief Department Hospital....................................................
1,690. 75
Total payments.....................................................................................

52,613. 76

Balance on hand, as per books of relief department December
31,1900...........................................................................................................

15,621.89

CLASSIFICATION OF BENEFITS PAID IN THE YEAR

1900.

Disability from sickness.............................................................. $13,899.00
Death from sickness.................................................................... 15,500.00
Total account sickness......................................................................... $29, 399.00
a For treatment at Relief Department Hospital of injured persons not members of
the relief department; composed principally of employees not members of the relief
fund injured in railroad service, trespassers, etc., for whose care and treatment th@
railroad company pays the relief fund.
b Members out of the railroad company’ s service continuing their relief department
membership in respect of death benefit only after termination of service.

351—No. 37—01----- 5

1084

BULLETIN OF THE DEPAKTMENT OF LABOB.

Surgical attendance......................................................................

1,623.93

Total account accident..........................................................................

$8,116.93

Total benefits.........................................................................................
Average payment on cases of sickness closed during the y e a r......... ........
Average payment on cases of accident closed during the year ( a) .............
Average payment on cases of death from sickness.......................................
Average payment on cases of accidental death............................................
Average number of days paid on cases of sickness closed during year___
Average number of days paid on cases of accident closed during year___

37,515.93
14.29
16.62
466.21
406.25
15$
16

DISABILITY RECORD AND DEATH RATE FOR THE YEAR

1900.

Number of cases of sickness on hand December 31, 1899..........................
57
Number of cases of sickness reported in 1900 ............................................ 1,952
--------- 2,009
Number of cases of sickness recovered in 1900........................................... 1,880
Number of cases of sickness terminating fatally.........................................
37
--------- 1,917
Number of cases of sickness on hand December 31, 1900.....................................

Number of cases of accident on hand December 31, 1899................................. 23
Number of cases of accident reported in 1900 ............. =..................................... 400
------ 423
Number of cases of accident recovered in 1900.................................................. 384
Number of cases of accident terminating fatally................................................
9
------ 393
Number of cases of accident on hand December 31, 1900 ....................................... 30
Average number of cases of disability on hand December 31, 1900........................ 122
Average number cases of sickness on hand, 116; equals 46 per thousand members.
Average number cases of accident on hand, 30; equals 12 per thousand members.
Average number cases of disability on hand, 146; equals 53 per thousand members.
Death rate per thousand members, sickness........................................................... 14.6
Death rate per thousand members, accident........................................................... 3.5
Death rate per thousand members, to ta l................................................................. 18.1
MEMBERSHIP RECORD FOR THE YEAR

1900.

Membership, December 31,1899 .............................................................................. 2,513
Accessions in 1900 ............................................................................................ 917
Cessations in 1900 ............................................................................................ 935
Decrease in membership in 1900..............................................................................
18
Membership, December 31, 1900 ............................................................................ 2,495
Average membership in 1900................................................................................... 2,537
Percentage of members to employees on December 31, 1900, was.......................49.55
a Includes payments for surgical expenses.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1085

The amount contributed by the railroad company from its own funds for the oper
ation of the relief department for the year 1900 was $16,925.53.
The amount paid by the railroad company for the inauguration, operation, and
maintenance of the relief department in the year 1899, from April 1, the date of
inauguration, was $15,465.12, making a total of $32,390.65 paid by the railroad com
pany for the inauguration, operation, and maintenance of the department from April
1,1899, to December 31, 1900.
In addition the railroad has given, without charge, the time of officials of other
departments of the service in attending to relief department business, legal services,
and expenses, the rent and cost of medical examiners’ offices owmed by the company,
and the use of mail and telegraph facilities. Also during the year 1900 the railroad
company built and fully equipped a modem hospital at South Rocky Mount, N. C.,
for the use of the relief department, costing complete more than $26,000. The main
tenance of this hospital, which was opened for the reception and care of patients on
October 22, 1900, is provided for out of the relief fund, the privilege of free ward
treatment being given each member of the fund thereat in cases of disability.
Where members of the fund may desire private room treatment in this hospital a
nominal charge of $1 per day is made therefor. None but persons members of the
relief fund are treated and cared for in this hospital without charge, and where others
are admitted the usual hospital rates are charged, the moneys' received therefrom
being credited to the relief fund.
ACCIDENT INSURANCE.

Some railroads have, iii addition to relief departments, or as a part
of such work, made provision by which employees who are considered
as extra hazardous risks by the insurance companies may be insured
by regular companies at special rates. In some cases this is an arrange
ment made between the railroad company and the insurance company
on the terms of a special contract. In other cases the railroad com
pany either offers or requires employees to insure in a particular insur
ance company, agreeing to pay part of the premiums, the premiums
being paid at the usual rates.
The Chicago and Eastern Illinois Railroad Company provides a spe
cial form of insurance of its own. Application for such insurance is
made out by an employee, who authorizes the company to advance for
him the premium by deducting from each month’s pay, so long as he
remains in the service of the company or until the policy is canceled
by the company, the rate of premium agreed upon. The rates estab
lished by the railroad company are: For office men, station men, pas
senger conductors, tower men, and flagmen, one-half of 1 per cent of
monthly wages; for freight trainmen and switchmen, 2 per cent of
monthly wages; for all other employees, 1 per cent of monthly wages;
in return for which a certificate of insurance, providing for a benefit,
in case of accidental injury not resulting in death, equal to one-half of
employee’s usual wages for a period not exceeding 50 weeks, provided
that the total does not exceed $1,000, and, in case of death, providing
for the payment of a benefit of one-half the employee’s usual wages
for one year (less amounts paid on account of the injury), and also of

1086

BULLETIN OF THE DEPARTMENT OF LABOR.

funeral expenses and doctors5 bills to the extent of a sum not exceed
ing $100, the total not to exceed $1,000. The certificate of insurance
is as follows:
No. — .
$ -------per month.
This is to certify: T hat---------------------- , employed by the Chicago and
Eastern Illinois Railroad Company as ---------- , residing a t ---------- , is
insured against accidents resulting in bodily injury or death.
By the terms of his insurance said insured will receive, through the
paymaster of said Chicago and Eastern Illinois Railroad Company (on
regular pay days only), in case he shall sustain accidental injury at
any time after the date hereof, and while he remains in the employ of
said company (unless this policy shall be sooner canceled, as herein
after provided), the following benefits:
1. In case of accidental injury not resulting in death, one-half of
his usual wages during such time (not exceeding fifty weeks) as he
shall be totally and necessarily disabled from all work by reason of
such injury, the total in no event to exceed the sum of $1,000. Such
benefit shall not accrue nor be payable except on presentation of cer
tificate of attending surgeon as to consequent disability, and the certifi
cate of the local surgeon of the Chicago and Eastern Illinois Railroad
Company shall determine the period of such disabilit}^.
2. In case of accidental injury resulting in death,---------------------- , of
insured, if surviving, otherwise the legal representatives of said
insured, will receive one-half of his usual wages for one year (less such
amounts as shall have been paid to said insured by reason of such
injury, during his lifetime); said company will also pay funeral
expenses and doctor’s bills (not exceeding $100), the total in no event
to exceed the sum of $1,000.
For the purposes of this insurance it is hereby agreed th at-------dol
lars per month shall be considered to be the u usual wages ” of said
insured, and shall be the basis for the computation of all premiums
and benefits to be paid hereunder.
Such benefits shall not accrue except for accidental injury sustained
by said insured while he is actually engaged in the service of said com
pany, nor unless immediate notice of such injury shall be given by
said insured to his superior officer.
No benefits shall accrue hereunder for any injury that may be sus
tained by said insured by reason of the act of God, or of accident
occurring as the result of a riot or other violation of law.
Whenever said insured shall change his employment in-said com
pany’s service he will be required to take out a new policy.
Said company reserves the right to cancel this policy at any time,
provided that thirty days’ notice of such cancellation be given to said
insured by written notice delivered to him or by printed notices posted
on its various bulletin boards and at the stations on its railroad.
Dated at Chicago, Illinois, th is ---------- day o f ----------- .
C h ic a g o

and

E a s t e r n I l l in o is R a il r o a d C o m p a n y .

This certificate will not be valid unless countersigned b y ---------- .
Countersigned:

This accident insurance is not self-sustaining on the basis of the
premiums charged, but the company agrees to pay the deficits. The

RAILW AY EMPLOYEES IK THE UNITED STATES.

1087

department was put in operation June 1, 1893, and the company has
contributed the sum of $3,065.59 over and above premium receipts for
the period from June 1, 1893, to January 1, 1901.
The Illinois Central Railroad Company and the Texas and Pacific
Railway Company have made arrangements with accident-insurance
companies whereby the most favorable rates are obtained for their
employees. The Ann Arbor Railroad Company requires all employees
in the train service to carry accident-insurance policies in a specified
insurance company and collects the premiums by deducting them from
the wages of the employees and handing them over to the insurance
company. The Cincinnati, New Orleans and Texas Pacific Railway
has encouraged accident and life insurance companies to do business
on its road, and has indicated its willingness to collect premiums with
out charge. On July 12, 1897, the receiver of that road announced
that he had arranged with the Railroad Officials and Accident Associa
tion of Indianapolis to issue policies of insurance upon conductors,
engineers, firemen, brakemen, bridge carpenters, signalmen, yardmen,
and foremen at regular rates, and that the railroad company would,
until further notice, pay 45 per cent of the premiums named in the
policies. Such insurance was voluntary, but if taken would cost the
employee only 55 per cent of the regular premiums. The Chicago
and Alton Railroad Company also offers to aid its employees in secur
ing life and accident insurance. It has a contract by which it secures
favorable rates, and it also agrees to pay half the premium for policies
issued to conductors, baggagemen, engineers, firemen, bridge carpen
ters, yard foremen, and switchmen, and 30 per cent of the premiums
on policies issued to all other employees. It has also provided for a
form of accident insurance for a term life policy, insuring, for a term
not exceeding five years, the employee against death from natural
causes. The company assists the employee desiring a term life policy
by paying one-half of the premium for the first year. This policy,
however, is issued only to those who hold an accident policy in con
formity to the company’s scheme. The taking of these insurance
policies is in no sense compulsory. The Union Pacific Railroad put
into operation January 1, 1901, a plan for its employees to secure
accident-insurance policies, the company paying one-third of the pre
mium for those in the most hazardous occupations and one-fourth of
the premium in other cases.
PENSION DEPARTMENTS.

Most of the relief departments organized by the railroad companies
have made provision by which any surplus should be used for super
annuation or pension relief. The Burlington Relief Department alone
did not contemplate such action at the beginning. In proportion as
the companies have been liberal in making up deficiencies and have

1088

BULLETIN OF THE DEPAETMENT OF LABOE.

allowed some surplus to accumulate the need for definite organization
to carry out this part of the purpose of the plan of relief departments
has become necessary. It is also plainly evident to railway officials
that the interest on the surplus of the relief departments was not
enough to accomplish much in the direction of pensions. The roads
establishing pensions have therefore had to consider from the financial
side, whether the assistance they were already giving under general
moral pressure and in a desultory way to persons disabled in the serv
ice or to those who had reached an age when they were incapacitated
for further service could be better utilized in a more definite pension
scheme; would it not pay them financially to pension many of their
incapacitated employees, whether incapacitated by accident or age,
who were now employed in easy positions largely for the purpose of
giving them relief; furthermore, would not the result of making the
future more secure for those entering railway service enable the com
panies to reduce the age at which men were admitted to the service
and at the same time appeal more strongly to young men to go into
the service. Pension departments have been largely the outgrowth
o f such questions being answered in the affirmative. They have origi
nated in the desire to render more systematic aid to those who spend
a long period of their lives in the service of the companies, and to
improve the service by weeding out weak and incompetent men and
by reducing the average age of employees.
The first pension department was that of the Baltimore and Ohio
Railroad Company, which was established at the same time the relief
department was inaugurated and as part of the same scheme. This
dates from March 15, 1889. The fund for the payment of pensions is,
by the regulations of the relief department, derived wholly from the
contributions of the company, and such contributions are applied to
the following purposes, in the order of their precedence: First, to pro
vide means of support during life for those persons members of the
relief department for 4 consecutive years, who, having served the
company for 10 consecutive years and having reached the age of 65,
shall have been honorably relieved from dut}". Second, to provide in
the same manner for persons who elect to retire from the service.
Third, if at any time the funds applicable are, in the opinion of the
committee in charge of this feature, more than sufficient for the above
purposes, such surplus shall be applied to aid or support such members
of the relief department as most deserve and need such support.
Members are not entitled to deceive pension allowances and wages from
the company at the same time, nor to receive benefits from the relief
department and a pension at the same time. The pensions are paid
monthly and are based on a daily allowance, excluding Sundays, equal
to one-half the benefits provided to be paid for sickness under the reg
ulations of the relief department to a member of the class to which the

RAILW AY EMPLOYEES IN THE UNITED STATES.

1089

pensioner would, while in the service, have been assigned under the reg
ulations of the relief department. Such pension is increased in the
case of a pensioner who has been continuously a member of the relief
department for 15 years by an addition of 5 per cent, and a like addi
tion for each additional term of 5 consecutive years of membership.
Membership in the relief department is divided into 5 classes based
on monthly wages, as follows: A , those receiving not more than $35;
B, those receiving more than $35, but not more than $50; C, those
receiving more than $50, but not more than $75; D, those receiving
more than $75, but not more than $100; E, those receiving more than
$100. Under the conditions of the pension department the amounts of
daily allowances for the several classes therefore would be, for those
who had been members of the relief department 10 years, as follows:
A , 25 cents; B, 50 cents; C, 75 cents; D , $1; E , $1.25. For those
members of the relief department for 15 years: A , 26£ cents; B, 52£
cents; C, 78f cents; D , $1.05; E, $1.31i. And for those members of
the relief department for 20 years: A , 27 cents; B, 55 cents; C, 82^
cents; D , $1.10; E , $1.37£. These pensions would, therefore, amount
to about $6.35 per month for a memer of the lowest class who had been
a member of the relief department only 10 years, and to about $33.37^
for a member of the highest class who had been a member of the relief
department for 20 years. This pension feature was organized Octo
ber 1, 1884, when the relief department was known as “ The Balti
more and Ohio Employees5 Relief Association,” before the company
made it a department of the service. From October 1, 1884, to Jan
uary 30, 1900, 589 persons have been pensioned. The company’s
annual contribution up to July 1,1900, was $31,000, and was increased
on that date to $75,000. On June 15,1901, there were 328 pensioners,
costing annually $61,174. The company has provided sufficient funds
to pay the pensions of all persons who have made applications there
for, and the total amount thus paid since the inauguration of the pen
sion feature by the Baltimore and Ohio Railroad Company has been
$557,753.90.
Next in order of the time came the pension department of the Penn
sylvania Railroad, established January 1, 1900, on the lines east of
Pittsburg, and a similar organization established by the lines west of
Pittsburg, going into effect January 1, 1901. This is the most elabo
rate pension scheme yet adopted by any railroad company, and, per
haps, by any industrial organization. It was not undertaken until after
very careful investigation had been made of the experience of foreign
railroad corporations in this direction and of a number of methods pro
posed to accomplish the ends in view, (a) The main features of the
a See the text of this report as prepared by Mr. M. Riebenack, assistant comptrol
ler of the Pennsylvania Railroad and secretary of the board of officers of the pension
department ; Report of the Industrial Commission on Railway Labor, Exhibit 3, Vol
ume X V II, pages 932-969.

1090

BULLETIN OF THE DEPARTMENT OF LABOR.

pension plan as announced to the employees are given in the following
general notices sent out by the president and general manager, as
follows:
PENNSYLVANIA RAILROAD COMPANY.
GENERAL NOTICE.

The Pennsylvania Railroad Company, the Northern Central Railway Company,
the Philadelphia, Wilmington and Baltimore Railroad Company, the West Jersey
and Seashore Railroad Company, and the Philadelphia and Camden Ferry Company,
having each adopted a similar plan of pension allowances, and also a similar policy
of age limitation, to take effect on and after January 1, 1900, and having entered
into an agreement for the joint administration of their respective pension depart
ments, under the title of “ The Pennsylvania Railroad Pension Department,” this
circular is issued to advise the officers and employees of the general terms of said
plan and policy.
First. All officers and employees of the company, who are required by the organi
zation to give their entire time to the service of the company, who shall have
attained the age of seventy years; or who, being between the ages of sixty-five and
sixty-nine years, inclusive, shall have been thirty or more years in the service of the
company, and shall then be physically disqualified, shall be relieved and placed on
the pension roll.
Second. Subject to ratable reduction, so that the entire annual expenditure for
pension allowances by the five companies above named shall not at any time exceed
the aggregate sum of three hundred thousand dollars, pensions shall be allowed upon
the following basis:
Third. For each year of service one per centum of the average regular monthly
pay for the ten years preceding retirement. Thus, by way of illustration: If an
employee has been in the service of the company for forty years and has received on
an average for the last ten years $40 per month in regular wages, his pension allow
ance would be forty per cent of $40 or $16 per month.
Fourth. Pension allowances shall be paid monthly, and shall terminate on the
death of the beneficiary.
Fifth. No pension allowance shall be paid to any officer or employee for a period
during which he may be receiving accident or sick benefits from the relief department.
Sixth. The acceptance of a pension allowance shall not debar the beneficiary from
engaging in other business; but such person can not reenter the service.
Seventh. The pension department shall, under the supervision of the president, be
in charge of a board of officers consisting, until otherwise ordered, of the vicepresidents, the general manager, and the assistant comptroller of the Pennsylvania
Railroad Company. The board of officers shall be appointed annually by the boards
of directors of the several companies, and shall, subject to the approval of the said
boards, make and enforce regulations for the government of the department.
Eighth. No action which shall now or hereafter be taken in connection with the
origin or furtherance of a pension department or plan shall be held or construed to
give any officer, agent, or employee a right to be retained in the service or become
entitled to pension allowances, but, on the contrary, each company may discharge
any officer, agent, or employee at any time, when in its judgment the interests of
the company so require, without liability for pension or for other allowances save
only salary or wages then earned and unpaid.
No person shall be taken into the service of the company who is over 35 years of
age, except that, with the approval of the board of directors—
First. Former employees may be reemployed within a period of three years from
the time of their leaving the service;

BAILW AY EMPLOYEES IN THE UNITED STATES.

1091

Second. Persons may, irrespective of age limit, be employed where the service for
which they are needed requires professional or other special qualifications; but
Third. Persons may be temporarily taken into the service, irrespective of age limit,
for a period not exceeding six months, subject to extension, when necessary, to com
plete the work for which engaged.
By order of the board of directors:
A. J. C a s s a t t , President.
O f f ic e

of t h e

P r e s id e n t ,

Philadelphia , December 18, 1899.

PENNSYLVANIA RAILROAD COMPANY, NORTHERN CENTRAL RAILW AY
COMPANY, PHILADELPHIA, WILMINGTON AND BALTIMORE RAILROAD
COMPANY, WEST JERSEY AND SEASHORE RAILROAD COMPANY, PHIL
ADELPHIA AND CAMDEN FERRY COMPANY.
GENERAL NOTICE.

By the action of the boards of directors of the several companies, above named, a
new department of the service has been created.
The purport, functions, and powTers of this department, and the benefits to be
derived therefrom are set forth in a circular issued by the president of the Pennsyl
vania Railroad Company of even date, copies of which will be supplied for the infor
mation of employees.
•The department will be operated under the title of 4‘ The Pennsylvania Railroad
Pension Department,” having for its purpose the relieving from active service and
placing on a pension roll all officers and employees who are required by the organization
to give their entire time to the service of the company; who have attained the age of
70 years, or who, being between the ages of 65 and 69 years, inclusive, shall have
been thirty or more years in the service of the company, and shall then be physically
disqualified.
The organization for conducting the pension department provides that, under the
supervision of the president, it shall be in charge of a board of officers, consisting,
for the present, of the vice-presidents, the general manager, and the assistant comp
troller of the Pennsylvania Railroad Company, and that said board of officers shall
be appointed annually by the boards of directors of the several companies, and shall,
subject to the approval of the said boards, make and enforce regulations for the gov
ernment of the department.
The regulations for the government of the department have been prepared in book
form, for the use of officers, and will be sent to them by the secretary of the board
of officers of the pension department. It is desired that officers make themselves
acquainted at once with the regulations governing the department and that they will
also take measures to see that all employees who shall, on January, 1, 1900, be over
70 years of age, are relieved from active service on that date, and that all employees
who shall, after that date, attain the age of 70 years are relieved from active service
from the first day of the calendar month following that in which they shall have
reached that age.
Before an employee between the ages of 65 and 69 years, inclusive, can be relieved
from active service the authority of the board of officers of the pension department
must first be obtained.
The office of the department will be at Broad Street station, Philadelphia, and the
operations of the same will commence January 1, 1900.
It is desirable that measures should be taken at once to facilitate the filling out of
information blanks and when completed they should be forwrarded in accordance
with the regulations of the department as rapidly as possible.

1092

BULLETIN OF THE DEPARTMENT OF LABOR.

Superintendents should take the subject up fully with their officers and others who
employ men, making such explanations tc them as will result in carrying out the
purpose and intent of the department, and enforcing the regulations, both as to
relieving employees and the employment of persons in the service in future.
J. B. H u t c h in s o n ,
General Manager.
O f f ic e

of t h e

G eneral M

anager,

Philadelphia, Pa., December IS, 1899.

This department completed its first year of operations on January 1,
1900, and a resume of the work accomplished, 'as presented in the
annual report, shows very gratifying results.
During the early operation of the present relief fund the pension
adjunct was brought in view, provision for that end being made in the
department regulations, wherein it is expressly stated that such sur
plus as should arise during specified triennial periods of the operation
of the fund is to be set aside as a foundation for the superannuation
and pension fund. The plan then considered involved, however,
restrictive action, being confined in its workings to such employees
only as were members of the relief organization. The working fund
was to be exclusively the relief fund surplus. The real labor which
eventuated in the development of a feasible plan for the creation of* a
general pension fund was not commenced, however, until-the amount
available for such purposes grew to proportions that warranted serious
consideration of the subject.
A special committee on superannuation and pension fund was
appointed by the advisoiy committee of the relief department. The
committee examined into and reported upon the various systems of
pensioning in operation on upward of seventy of the leading railways
of Europe, America, Asia, Africa, and Australia. It prosecuted inves
tigations along this line with a view of securing data which could be
used in constructing a preliminary basis. This necessarily involved
the responsible and arduous task of collecting, analyzing, and collating
information for guidance in forming a plan suitable to the requirements
of prevailing conditions in the United States. The information
obtained from the various sources, however, while edifying and of
much interest, did not enable the committee to reach any final conclu
sion as to the best plan to be adopted, and it became necessary to give
the matter original thought and work it out from that standpoint,
rather than upon any basis that existed, the result being an exhaustive
preparation of statistical information embodying results of such a
scheme from many different bases, and finally selecting one that would
carry with it the assurance of success.
Such a plan was submitted to the president for action of the board,
when the whole matter was referred to a special committee of that
body. The plan named only embodied the care of superannuated
employees, members of the relief fund, and the allowances were to be
made from that fund. It was subsequently, however thought advis
able and more liberal to make general provision for all old employees,
by the company assuming the obligation of providing them with a
pension allowance in addition to what the relief fund could afford to
grant to its members who might be retired by the company. Subse
quently the characteristics inevitably allied to a question of such

BAILWAY EMPLOYEES IN THE UNITED STATES.

1093

magnitude were narrowed down and crystallized into a purely pension
basis for all employees, and the result laid before the directorate’s
special committee in a revised plan for pensioning employees, whether
members of the relief fund or not.
In the pension fund, as established January 1, 1900, the company
contributes the money necessary for its operation, and will be relieved
from any further payments of amounts heretofore made by it on account
of what is known as “ company relief,” i. e., carriage with its own
money of relief fund members the length of whose sickness exceeds
the regulation maximum benefit period of fifty-two weeks, and who are
in consequence entitled to no further relief fund benefits on account of
such sickness.
A board of officers has been created and invested with full power to
make and enforce the rules and regulations incident to the care and
conduct of the fund, and adopt such means as may be necessary to
determine the eligibility of employees to receive benefits therefrom
and fix the amount of allowance that shall be paid in each case.
This board consists of first vice-president, John P. Green; second
vice-president, Charles E. Pugh; third vice-president, Sutherland M.
Prevost; fourth vice-president, Samuel Rea; general manager, Joseph
B. Hutchinson, and assistant comptroller, Max Riebenack.
Retirements will be voluntary and involuntary; that is, all employees
70 years of age and over will be considered as having attained the
maximum age limit for active service, and will be retired and placed
upon the pension fund roll, while those whose ages range from 65 to
69 years, and who, in the opinion of the fund administrators, have
become physically disqualified or otherwise permanently incapacitated
after 30 or more years of service, may be either voluntarily or arbi
trarily retired and pensioned.
The pension allowance to such retired emploj^ees will be determined
on the following basis: For each year of service, a fixed per centum
of the average regular pay for a specific period immediately preceding
retirement, with a minimum monthty allowance. It will thus be seen
the bases of retirement are age and service, with allowance propor
tioned to pay received during a designated period preceding retirement.
For such employees members of the relief fund as may be retired by
the company, it is proposed to grant to them from the interest on the
relief fund surplus an additional allowance on a fixed basis in propor
tion to the amount they contributed while a member of the relief fund,
so that each member retired by the company will receive this addi
tional allowance because of his membership in the relief fund, and it
will be paid from the interest on the surplus from the operations of
that fund.
In addition to this, the relief fund, through its advisory committee,
proposes to amend the regulations of the relief fund in order to make
general provision for all its members, so that, in case of sickness or
disability, benefits on account thereof will be continued at one-half
rates, irrespective of the duration.
The relief fund, the expenses of the operation of which, together
with any deficiency arising therefrom, are met by the company, affords
every employee physically qualified and within the proper age limit
an opportunity to make such provision as will insure for himself bene
fits in case of sickness or disability, during the entire duration thereof,
and, in case of retirement by the company, a superannuated allowance

1094

BULLETIN OF THE DEPARTMENT OF LABOR.

in addition to the pension of the company, and to his beneficiaries
benefits in case of death.
The object that has been attained by the pension feature is to grant
every employee an opportunity to provide for himself in case of sick
ness, disability, or death, through the medium of the relief fund—
which is cooperative and supported jointly by the employees members
thereof and the company— and when the retirement age is reached the
company to reward by granting a pension allowance, in addition to
what he will receive from the relief fund, to which he has contributed,
in the shape of a superannuation allowance on a fixed basis in propor
tion to the amount he contributed while a member of the relief fund.
A very important feature isthe protection afforded the pension fund
through the purpose of the company to fix an age limit for admission
to the company’s service, provision in this respect being that from and
after January 1 next no person shall be employed who is over 35 years
of age or who can not pass the required physical examination, except
that former employees desiring reinstatement may be permitted to
reenter the service at the discretion of the board of officers, provided,
however, they meet the requirements of physical examination and
possess other necessary qualifications; also, that the temporary employ
ment of men, regardless of age limit and physical condition, shall be
permitted for a period not exceeding six months, subject to requisite
extension, when engaged upon temporary work.
The necessity for action of this character is requisite for the reason
that the company will then have in its service only men who, if they
desire, may become members of the relief fund and in this manner
make preparation for any illness to which they might be subjected in the
future, or accident that might befall them. In this way every mem
ber is afforded an opportunity to make provision for himself during
his early service with the company, when it has not yet received from
such employee service, both in length and quality, that would entitle
him to special consideration at the hands of the company in case of
inability to perform his daily labor.
The year 1900 being the first of its existence, naturally brought before
the board of officers in charge of the department many vital questions
for discussion and decision, involving points bearing upon the regula
tions of the department, and features tending to such improvements
as were made necessary by practical experience, in addition to dispos
ing of the regular routine of business.
In accordance with the provision made under the regulations, a plan
was adopted for the appointment monthly, by the chairman of the
board of officers, of medical examiners of the company’s relief fund,
to serve as boards of physicians of the' pension fund, with the duty
assigned them, of making physical examinations of such employees
between 65 and 69 years o f age, 30 or more years in the service, and
who were physically incapacitated for the performance of further
active service, and who either made personal request for retirement,
or who were recommended therefor by their employing officers.
In order to meet conditions brought about by the lease of the Western
New Y ork and Pennsylvania Railway and Allegheny Valley Railway
companies by the Pennsylvania Railroad Company during the past
year, amendments were adopted, effective from January 1,19 0 1, which
provide for extending to the employees embraced in the Buffalo and
Allegheny Valley Division, all the advantages of the pension depart
ment. Amendments were also adopted, granting employees in the

"RAILWAY EMPLOYEES IK THE UNITED STATES,

1095

computation of the pension allowance, credit for any time passed in
the service of the Pennsylvania lines west of Pittsburg and Erie. This
service, in not a few cases, added to the pension allowance already
granted employees, an additional sum, besides making the provision
of the department replete in the fact that it covers the employees on
the entire system east of Pittsburg and Erie, and their service on the
system east and west.
There was authorized to be paid in pension allowances during the
year, the sum of $211,019.97, which expenditure was borne entirely
by the associated companies, in addition to the cost of operation of the
department.
The retirements during the year numbered 1,292, 89 per cent of
whom, or 1,119, were 70 years of age or over, and 11 per cent, or 113,
between 65 and 69 years old; of the latter 83 were retired at their own
request on the recommendation of their employing officers, the remain
der, 60 in number, purely upon the recommendation of their employ
ing officers; 102 pensioners died during the year, 95 of whom were
of the 70 year or over class and 7 of the 65 to 69 year class.
The Chicago and Northwestern pension department is modeled very
closely on that of the Pennsylvania Railroad. It was introduced Janu
ary 1,1901. A ll employees who have attained the age of 70 and have
been 30 years in the service must be retired with pension, with the
exception of executive officers appointed by the board of directors,
for whom it is not mandatory. Employees between the ages of 65
and 69 inclusive may be retired upon the request of their superior offi
cers or upon their own applications. The pension allowances are cal
culated on the same basis as in the Pennsylvania relief scheme. The
results, of course, areas yet meager, but on June 21, 1901, the secre
tary of the pension board reported that M employees had been retired
on account of age and 22 for physical disability, also that the aggre
gate monthly allowances were $1,150.25 and the average monthty pen
sion $21.97. The company does not have any relief department, but
has carried various persons on their pay rolls in cases where their
services have been such as to deserve recognition. This practice is
continued.
The Illinois Central Railroad established a pension department
April 21, 1901, which went into effect July 1, 1901. It is the most
recent of the experiments in this direction. Its general plan is seen
very clearly from the following circular or announcement as sent out
from the office of the president:
THE ILLINOIS CENTRAL RAILROAD PENSION DEPARTMENT.
RULES AND

REGULATIONS ADOPTED BY

THE BOARD OF DIRECTORS APRIL

EFFECTIVE JULY

24, 1901,

1, 1901.

Pursuant to the action taken by the board of directors of the Illinois Central Rail
road Company at and subsequent to their meeting held February 21, 1900, in
respect to a system of pensions, for the purpose of enabling employees of this" com
pany who have rendered it long and faithful service to retire when they have attained

1096

BULLETIN OF THE DEPARTMENT OF LABOR.

an age necessitating relief from duty, the following rules and regulations governing
the organization of a pension department are hereby established:
1. The administration of the pension department shall be by a board of officers, to
be known as the board of pensions. Such board shall, until otherwise ordered, con
sist of: Mr. C. A. Beck, Mr. W. J. Harahan, Mr. C. F. Krebs, Mr. William Renshaw,
Mr. A. W. Sullivan, Mr. J. F. Wallace, Dr. J. E. Owens.
2. The office of the board of pensions shall be at Chicago.
3. All communications should be addressed to the secretary of the board of pensions.
4. The board of pensions shall, subject to the approval of the president, have
power—
To make and enforce rules and regulations for the efficient operation of the pension
department;
To determine the eligibility of employees to receive pension allowances;
To fix the amount of such allowances; and
To prescribe the conditions under wdiich such allowances may inure.
They shall make rules for their own government not inconsistent with these regu
lations, elect a chairman from their own number, appoint a secretary, and from time
to time, as required, make reports of their action to the president.
The actions of the board of pensions, wffien approved by the president, shall be
final and conclusive.
5. The benefits of the pension system will apply to those persons only who have
been required to give their entire time to the Illinois Central Railroad Company or
to that company and some other railroad company or companies jointly. In cases
of such joint employment the pension to be paid by this company shall be estimated
alone upon the proportion of average monthly pay received from this company.
The pension system will not apply to the law and surgical departments.
6. All officers and employees who have attained the age of 70 years shall be retired.
Such of them as have been 10 years in the service shall be pensioned.
7. Locomotive engineers and firemen, conductors, flagmen and brakemen, train
baggagemen, yard masters, switchmen, bridge foremen, section foremen, and super
visors who have attained the age of 65 years may be retired.
Such of them as have been 10 years in the service shall be pensioned when retired.
8. Officers and employees between 61 and 70 years of age, who have been 10 years
in the service and who have become incapacitated, may be retired and pensioned.
9. In case an employee between 61 and 70 years of age claims that he is, or should
his employing officer consider him incapacitated for further service, he may make
application or be recommended for retirement, and the board of pensions shall
determine whether or not he shall be retired from the service.
Physical examination shall be made of employees recommended for retirement who
are under 70 years of age, and a report thereof with the recommendation of the chief
surgeon shall be transmitted to the board of pensions for consideration in determin
ing such cases.
10. Retirement shall be made effective from the first day of the calendar month
following that in which the persons shall have attained the specified age, or from the
first day of a calendar month to be determined by the board of pensions.
11. The terms “ service” and “ in the service” will refer to employment upon or
in connection with any of the railroads operated by the company, and the service of
any employee shall be considered as continuous from the date from which he has
been continuously employed upon such railroads, whether prior or subsequent to their
control or acquisition by the Illinois Central Railroad Company.
12. In computing service, it shall be reckoned from the date since which the person
has been continuously in the service to the date when retired.
Leave of absence, suspension, dismissal followed by reinstatement within one year,
or temporary lay off on account of reduction of force, when unattended by other
employment, is not to be considered as a break in the continuity of service.

RAILW AY EMPLOYEES IN THE UNITED STATES.

1097

Persons who leave the service thereby relinquish all claims to the benefits of pen
sion allowances.
13. The pension allowances authorized are upon the following basis:
For each year of service an allowance of 1 per cent of the average regular monthly
pay received for the 10 years’ preceding retirement. Thus, by way of illustration: If
an employee has been in the service for 40 years and has received on an average for
the last ten years $50 per month regular wages, his pension allowance would be 40
per cent of $50, or $20 per month.
14. The sum of $250,000 is hereby set apart as a pension fund, in addition to which
the company will, in each year, make a further appropriation of an amount not to
exceed $100,000 in payment of pension allowances for such year.
Whenever it shall be found that the basis of pension allowances shall create
demands in excess of the $250,000 and an annual appropriation of $100,000, and as
often as such condition may arise, a new basis ratably reducing the pension allow
ances may be established to bring the expenditures within the limit of the fund, and
the decision of the board of directors in establishing such new basis shall be abso
lutely conclusive. Notice of such new basis shall be given before the beginning of
the year in which it may be decided to put the same into effect.
15. When pension allowances shall be authorized, pursuant to these regulations,
they shall be paid monthly, during the life of the beneficiary; provided, however,
that the company may withhold its allowance in case of gross misconduct on his part.
16. In payment of pension allowances, pay rolls, showing the names of those to
whom allowances have been made and the amount of such allowances, shall be pre
pared at the close of each month by each superintendent or other designated officer,
who shall certify to their correctness and forward the same to the auditor of disburse
ments, who will after verification send them to the board of pensions for certification
by the secretary and chairman; and thereafter through the usual channels for
payment.
17. It shall be the duty of every employing officer to report at once, through the
usual channels, to the board of pensions, all employees who in July, August, or Sep
tember, 1901, shall have attained the age of 70 years, and of those employees specified
in rule 7 who shall have attained the age of 65 years; and thereafter, at least three
months in advance of the date of retirement, all employees about to attain the requi
site age for consideration for a pension allowance.
18. Each officer charged with the duty of preparing the pension rolls must keep
himself advised of the whereabouts of employees who have been retired from the
service and promptly advise the secretary of the board of pensions, through the usual
channels, when any of them cease to be entitled to further pension allowances.
WThen they do not reside within the jurisdiction of the officer of the department in
which they were engaged before being retired from the service, such officer shall
require satisfactory evidence from such employee, at least once a year, and oftener as
may be required, showing that he is entitled to a pension allowance.
19. To the end of preserving direct personal relations between the company and
its retired employees, and that they may continue to enjoy the benefit of the pension
system, no assignment of pensions will be permitted or recognized.
20. The acceptance of a pension allowance does not debar a retired employee from
engaging in other business, but such person can not reenter the service of the company.
21. No person inexperienced in railway work over 35 years of age, and no experi
enced person over 45 years of age, shall hereafter be taken into the service; provided,
however, that in the discretion of the president, persons may temporarily be taken
into the service irrespective of age for a period not exceeding six months, and that
this period may be extended, if necessary, to complete the work for which such per
sons were originally employed; provided, also, that, with the approval of the board
of directors, persons may be employed indefinitely, irrespective of the age limit,
where the service to be rendered requires professional or other special qualifications.
22. Neither the action of the board of directors in establishing a system of pensions,
nor any other action now or hereafter taken by them or by the board of pensions in

1098

BULLETIN OP THE DEPARTMENT OP LABOR.

the inauguration and operation of a pension department, shall be construed as giving
to any officer, agent, or employee of the company a right to be retained in its service,
or any right or claim to any pension allowance; and the company expressly reserves
its right and privilege to discharge, at any time, any officer, agent or employee when
the interests of the company, in its judgment, may so require, without liability for
any claim for pension or other allowance than salary or wages due and unpaid.
23. These rules and regulations shall take effect July 1, 1901.
By order of the board of directors:
S t u y v e s a n t F i s h , President.
April £4, 1901.
W. G. B ruen, Assistant Secretary.

C h ic a g o ,

This same pension plan has also been adopted for the Yazoo and
Mississippi Valley Railroad, which is an independent corporation oper
ating over a thousand miles of line, but is practically owned and con
trolled by the Illinois Central Railroad Company. In the case of the
Yazoo and Mississippi Valley Railroad Company the sum of $50,000 is
set apart as the pension fund, whereas $250,000 is set apart for the
Illinois Central, and the company agrees to make a further appropri
ation not to exceed $20,000 per annum, whereas the Illinois Central
Company agrees to appropriate $100,000 per annum. This plan also
went into effect at the same time as that on the Illinois Central.
These pension features of the several railroads mark a distinct for
ward step both with respect to what great industrial corporations are
doing for their employees and are willing to do, and in the inevitable
trend of events which are cementing the interests of employers and
employed into a corporate business in which employees are financially
interested beyond the extent of their wages-contract.
P E R SO N A L

R E L A T IO N S OF R A I L W A Y
EM PLOYEE.

EM PLOYER AND

THE GENERAL CONDITION OF R A ILW A Y LABORERS AS
REFLECTED IN THEIR ORGANIZATIONS.
Labor is usually held to be a quasi-public service, and therefore in
many important respects the railway laborer has a somewhat different
legal status from that of the laborer in other occupations. Notwith
standing this fact the railway laborers of the country have met most
of the problems and difficulties common to all classes of labor before
they arose elsewhere, and have dealt with them successfully. Thus,
in the matter of organization alone, several grades of railway labor are
in a more flourishing condition to-day than most other groups of work
ers in the country. They are recognized by their employers, who
make with them formal contracts, and in other ways recognize the
validity of the trade-union principle. Several of the brotherhoods or
orders of railroad men are very conservative^ and wisety managed,
and are of well-recognized service both to employers and emplo}^ees.
A spirit of solidarity, an earnest effort to improve the quality of service,
and a wholesome mutual restraint, quite essential to men subject to
many of the peculiarities of railway employment, are some of the

1099

RAILW AY EMPLOYEES IN THE UNITED STATES.

results that have been accomplished in such organizations as the
Brotherhood of Locomotive Engineers, the Order of Railway Con
ductors, and other similar organizations. Abundant testimony before
the Industrial Commission from railway officials bears out these
statements, (a)
It is interesting to note the recent growth in numbers in the organi
zations of railway employees, and to compare the total membership in
organizations in the several branches of service, with the total number
of such employees in the United States. The statistical data for this
comparison are available; the reports of the Interstate Commerce Com
mission giving with a fair degree of accuracy the total number of rail
way employees by grades of service, made up from the pay rolls of
the railroad companies of the country, and the brotherhoods reporting
at their annual conventions their total membership. O f course some
allowance must be made for men excluded by the conditions of mem
bership. The following table, however, not only shows the relation
which the organized employees in the several grades of service bear to
the total number, but also the variations in this relation from year to
year. The engineers, conductors, and firemen, as will be seen from
this table, are best organized. For these three grades, at least, the
standards set by their organizations are practically the standards with
respect to wages, qualifications, and regulations concerning work per
formed for the total labor force in these departments of railway serv
ice. The railway trainmen are not so well organized, although they
have been gaining in the relative strength of their organization. The
telegraphers are weak in organization.
MEMBERSHIP OF BROTHERHOODS COMPARED W ITH THE TOTAL NUMBER OF RAILW AY
EMPLOYEES IN EACH BRANCH OF SERVICE, 1890 TO 1900.
Brotherhood and
occupation.
Membership of Broth
erhood of Locomo
tive Engineers..........
Total number of enginemen.....................
Membership of Order
of Railway Con
ductors .......................
Total number of con
ductors .......................
Membership of Broth
erhood of Locomo
tive Firemen.............
Total number of fire
men ............................
Membership of Broth
erhood of Railroad
Trainmen...................
Total number of train
men ............................
Membership of Order
of Railroad Teleg
raphers ......................
Total number of teleg
raphers ......................

1890.

1891.

1892.

1893.

1894.

1895.

1896.

1897.

1898.

1899.

1900.

32,023 31,004 30,309 31,723 33,723 33,786 35,010
35,466 34,718 35,851 35,667 37,939 39,970 42,837
14,453 17,906 20,238 20,356 19,253 19,737 19,810 20,697 21,950 23,526 24,502
23,513 24,523 26,042 27,537 24,823 24,776 25,457 25,322 26,876 28,232 29,957
18,657 22,460 26,256 28,681 26,508 21,408 22,461 24,251 27,039 30,748 36,084
34,634 36,277 37,747 40,359 36,327 35,516 36,762 36,735 38,925 41,152 44,130
14,057 20,409 24,431 28,540 22,359 19,083 22,326 25,366 31,185 37,220 43,500
61,731 64,537 68,732 72,959 63,417 62,721 64,806 63,673 66,968 69,497 74,274

a See Report of the Industrial Commission, Volume IV, Transportation.

351—No. 37—01----- 6

8,200
25,218

1100

BULLETIN OB" THE DEPARTMENT OB" LABOR.

The right of organization is questioned less in railway service than
in many departments of labor. The beneficiary feature of railway
men’ s organization, so essential in a hazardous occupation and so promi
nent a feature from the beginning of all the organizations of railway
employees, has rather led to their encouragement by employers. O f
course, some railway companies refuse to deal with the organizations,
or with their own employees through their organizations, but even in
these cases practically all the employers have agreed substantially to
the conditions set by the organizations. O f 88 railroad companies
which replied to the direct question whether they made any objection
to employees being members of railway brotherhoods or orders or of
other labor organizations, 37 replied that they did not. In 3 cases
this answer was modified somewhat by a statement to the effect that so
long as an employee attended to his work and did not make himself
offensive or less efficient because of his membership in a labor organ
ization no objection was made. These 37 roads operate 102,453 miles
of line and employ 511,482 men. One compan}7 not included in the
above list is a little more pronounced in its position, and replied by
saying: u Secret organizations, etc., are not recognized by the com
pany, and in the adjustment of any differences between the company
and its employees the latter are treated with directly as employees of
the company and not as members of any organization.” This state
ment is perhaps no more inimical to the interests of labor organizations
than the actual practice of many of the roads which replied in more
favorable terms. The officers of 40 of the leading railroads of the
country were asked what percentage of the men in the various grades
of service in the employ of each corporation belonged to labor organ
izations. Twenty-eight of the companies replied that they had no
record or no means of knowing. Twelve replied as follows:
1. Enginemen, firemen, conductors, brakemen, 80 per cent; machin
ists, carpenters, etc., 70 per cent; agents and operators, 60 per cent;
clerks, none.
2. Trainmen and switchmen, 90 per cent; other classes, 20 per cent.
3. A large majority of those employed in train service; a very small
percentage of other employees.
4. Can only estimate it at about 75 per cent in train service, about
10 per cent in the mechanical department, and unknown in the main
tenance-of-way and engineering departments.
5. Have no means of knowing, but should judge about 85 per cent
of enginemen and firemen, 75 per cent of brakemen, and 50 per cent of
conductors and shopmen.
6. In the transportation and machinery departments a large pro
portion of our men are known to belong to the Order of Railway Con
ductors, Brotherhood of Railroad Trainmen, Brotherhood of Locomo
tive Engineers, and Brotherhood of Locomotive Firemen, but very few
of our men belong to any other labor organizations. W e have no
means of knowing the exact percentage. In the road department a
very small number of our trackmen belong to the Brotherhood of

RAILW AY EMPLOYEES IK THE UNITED STATES.

1101

Railwtuy Trackmen of America, but this number is so small as scarcely
to deserve mention. W e have no means of knowing positively how
many of our men do belong to labor organizations.
7. Twenty-five per cent of the men in the operating department.
Practically7 all engineers and firemen belong to the brotherhoods of
locomotive engineers and firemen, respectively. Probably 80 per cent
of the shopmen belong to labor organizations.
8. It is impracticable to state wliat percentage of our men are mem
bers of labor organizations; probably not more than 4 or 5 per cent
of the total number of employees.
9. Seventy-four per cent other than laborers.
10. In the maintenance-of-way department few, if any, employees
belong to labor organizations. Some shop employees have joined
various unions, but the majority of the brotherhood employees are
found in the train and station service. W e offer no objections to the
men joining these brotherhoods, and keep no statistics showing how
many of the men are members.
11. Number not known; estimated about 25 per cent.
12. No inquiry has ever been made on the subject, and figures can
not be given, but the number varies considerably in the different
grades of service. Engineers, firemen, conductors, and brakemen
belong very generally to their respective brotherhoods, and in other
lines of service to a less extent.
The above twelve replies represent railroad companies operating
31,420 miles of line and employing 138,996 men. The percentages
indicated in most of these replies are doubtless estimates merely, not
based on actual records, but they are the estimates of employing offi
cers who have a pretty intimate knowledge of their men, and they are
of interest when compared with the figures in the table quoted above.
The condition of the organizations themselves, as reported in the
testimony of the chiefs of the several brotherhoods, (a) show that these
organizations are in a flourishing condition and all of them growing in
numbers and relative strength in the several occupations. The various
attempts at federation of the brotherhoods into a still larger and
stronger organization of railroad men have thus far failed. A plan
of system federation, known as u The Cedar Rapids Plan,” was adopted
in 1895. The articles of federation then agreed upon are as follows:
THE ARTICLES OF FEDERATION OF THE CEDAR RAPIDS PLAN.

S e c t io n . 1 On any system of railway, the members of any of the following-named
organizations, Brotherhood of Locomotive Engineers, Brotherhood of Locomotive
Firemen, Order of Railway Conductors, Brotherhood of Railroad Trainmen, and
Order of Railroad Telegraphers, may federate, through their general committees or
boards of adjustment as hereinafter provided, for the purpose of adjusting any com
plaint which may be presented in accordance with the laws of the organization
aggrieved.

a See Report of Industrial Commission, Volume IV, pages 140 to 144 of digest, and
pages 7 to 44, 45 to 55, 109 to 128, 141 to 144, and 525 to 531. See also especially the
testimony of Mr. H. R. Fuller, legislative representative of five brotherhoods, in
Volume IX .

1102

BULLETIN OF THE DEPARTMENT OF LABOR.

S ec. 2. A copy of these articles duly signed by the authorized representatives of
each of the organizations represented in the federation of any system, accompanied
by a certified statement from the chairman and secretary of the general committee
of each organization that these articles have been adopted by a two-thirds vote of
the members of the organization, employees of that system, shall be forwarded to
the chief executive of each organization and receive his approval before becoming
effective, and no member of this organization shall engage in, or be a party to, any
federation or alliance except as herein provided.
Sec. 3. In event of any general committee or board of adjustment failing to adjust
a complaint in accordance with the laws governing their organization, the secretary
of such general committee or board of adjustment shall forward to the chief execu
tive of the organization interested, signed by the committee, a full and complete
statement of the complaint and action taken. When directed (in person, by writing,
or by telegraph) by the chief executive officer of the organization, copies of this
statement, with notice of time and place of meeting, shall be forwarded by the secre
tary to the chairman of the general committee or board of adjustment of each organ
ization party to the federation.
Sec. 4. The chairman of any general committee receiving statement as provided
in section 3 from the chairman and secretary of any general committee representing
any organization participating in the federation, shall answer such call in person,
meeting the others at such time and place as is designated, and, when so convened,
the several general chairmen shall constitute the general federated committee of that
system, and shall proceed to organize by the election of a chairman and secretary,
who shall serve until their successors are duly elected. After such organization they
shall, if they approve the complaint, exert every honorable effort to adjust the same.
Sec. 5. When the federated committee have, after exhausting all honorable efforts,
failed to adjust the complaint referred to them, and when the chief executive officer
of the organization aggrieved is prepared to approve a strike, he shall immediately
convene the chief executives of all organizations represented in the federation, and
in the event of it becoming necessary to inaugurate a strike, the same shall be
authorized only by a two-thirds majority of the federated committee and the consentof the chief executives of the organizations represented.
Sec. 6 Should a strike be inaugurated, the chief executive of the organization
aggrieved shall be the recognized leader, and shall have power to declare the strike
off with the consent of the general federated committee, together with the approval
of the chief executives of the organizations embraced in the federation, as provided
in section 5.
Sec. 7. The expenses incurred in the settlement of any complaint (or in case of a
strike) shall be paid by each organization in accordance with the provisions of their
respective constitutions and by-laws.
Sec. 8. Any organization that is part of this federation failing to comply with the
rules and regulations contained herein shall not receive any support or recognition
from any organization embraced in this federation on the system upon which the
violation occurs; but no organization will be deprived of the benefits of this federa
tion by reason of the acts of its representatives, or its individual members, until such
time as they have approved of the action by failure to discipline the parties at fault,
and then only, after proper trial and conviction, by a two-thirds vote of the feder
ated board, subject to an appeal to the executives of the organizations parties
hereto.
Sec. 9. If a federation is formed on any system which does not include all the
organizations herein named, the others shall be eligible to membership, and may
file application for such membership with the secretary of the federated board. Upon
receipt of such application he will forward the same to the chairman of each general
committee, party to the federation, who will in turn submit it to his associates. Upon
receipt of the vote of his associates he shall file with the secretary of the federated

RAILW AY EMPLOYEES IK THE UNITED STATES.

1103

board the vote of his organization in accordance therewith, and the organization
applying for membership shall be admitted if a majority of the organizations party
to the federation vote in favor of such admission.
S e c . 10. These articles may be revised, altered, or amended by the executives of
the organizations parties hereto.
E. P. S a r g e n t ,
Grand Master Brotherhood of Locomotive Firemen.
P. M. A r t h u r ,
Grand Chief Engineer Brotherhood of Locomotive Engineers.
E. E. C l a r k ,
Grand Chief Conductor Order of Railway Conductors.
S. E. W i l k i n s o n ,
Grand Master Brotherhood of Railroad Trainmen.
W . Y . P ow ell,

Grand Chief Telegrapher Order of Railroad Telegraphers.

This plan of federation was regarded at the time of its adoption as a
necessary first step toward a more ambitious scheme by which the
leading brotherhoods could be brought together for united action.
There was also a conservative idea in the minds of those who wanted to
see the brotherhoods federated in that the stronger ones could exercise
more control over the newer and weaker ones and possibly prevent
some disastrous or ill-advised strikes. A t the biennial convention of
the conductors, firemen, trainmen, and telegraphers in 1897, delegates
were appointed to confer together as a committee representing these
brotherhoods with a view to taking the necessary steps to form a more
perfect federation. This committee met at Peoria, 111., October 12,
1897, and adopted the following articles of federation, constituting the
Federation of American Railway Employees, which was subsequently
ratified by the several brotherhoods and went into effect April 1,1898:
ARTICLES OF FEDERATION OF THE FEDERATION OF AMERICAN
RAILW AY EMPLOYEES.
S e c t io n 1. When ratified by the proper authority in four or more of the followingnamed organizations, Brotherhood of Locomotive Engineers, Brotherhood of Loco
motive Firemen, Order of Railway Conductors, Brotherhood of Railroad Trainmen,
and Order of Railroad Telegraphers, and so certified by the executives of those
organizations, an alliance for the mutual advancement and protection of the interests
of the railway employees of America, to be known as the Federation of American
Railway Employees, and to be governed by the following rules, will be formed and
in effect:
S ec . 2. If the federation is formed between four of the organizations named, the
fifth will be admitted upon filing with the secretary of the executive committee
notice of their ratification of the plan and desire to become a member.
S e c . 3. N o organization participating in this federation shall be or become a part
of any other federation, organization, or alliance of railway employees while holding
membership in this one.
S e c . 4. The affairs of the federation which do not involve or pertain to the interests
of the employees of any particular or individual railway company shall be conducted
by an executive committee composed of the chief executive officer of each organiza
tion party to the federation or one of his associate officers duly authorized to
represent him.

1104

BULLETIN OF THE DEPARTMENT OF LABOR.

This executive committee shall organize by the election of a chairman, a vicechairman, and a secretary. A full representation of the organizations must be
present to constitute a quorum.
S e c . 5. The influence of this federation may be used through its executive com
mittee in favor of or in opposition to national legislation which involves the interests
of the membership, and upon which the committee are fully agreed. Where cir
cumstances will permit, the opinion of the membership in general will be secured
before action is taken.
State or provincial legislative matters will be left to State or provincial committees.
Sec . 6. Each organization party to this federation shall have regularly established
local and general grievance committees or boards of adjustment on each system of
railway, as provided in their laws.
The chairman and secretary of each general committee or board of adjustment for
the system, together with the executives of the organizations or their duly appointed
associate officers, shall constitute the federated board for that system of railway.
Each organization shall handle its own grievances and those of its members under
its own laws up to such time as it has exhausted its efforts. When the general com
mittee or board of adjustment and its chief executive or his legal representative
have failed to reach a satisfactory adjustment of any matter properly in their hands,
and it is deemed by them proper to proceed further, a full statement of the matter,
of all steps taken, the exact condition existing at the time the statement is made,
and description of any settlement which it is possible for the committee to make,
shall be printed and handed to each member of the organization, with a blank
coupon or vote in the following form:
(Name of organization)---------.
(D a te)---------.
(Name of chairman)---------, Chairman General Committee (or board of adjustment)
of the (name of organization)---------for th e ----------Railway:
I have read the statement of case in your hands bearing date o f ---------and I
hereby cast my vote (member voting will write the word “ for” or “ against” ) a
strike in order to adjust said complaint, providing the same shall be approved by
the proper authority in our organization and by the federated board.
Signature,------------------- .
This vote will be placed in a sealed envelope by the member voting, and be handed
to the committeeman authorized to receive it. When the poll is complete it shall
be canvassed by the general committee and the chief executive of the organization,
or by a subcommittee appointed by the general committee and some person duly
authorized to represent the chief executive. Ballots wrill be preserved and laid
before the federated board if it is convened.
When the executive of the organization has the vote of two-thirds of his members
employed on the system in favor of a strike, and is ready to approve such strike
under the lawTs of his organization, he may call upon the chairman of the executive
committee to convene the federated board. The chairman of the executive com
mittee will notify each of the chief executives, setting time and place of meeting,
and each executive officer will notify the chairman and secretary of the general
committee of his organization of that system to attend such meeting of the federated
board.
When the federated board has been convened, the officers and the chairman and
secretary of the committee of the aggrieved organization shall present a full and
detailed statement of the trouble from its origination and all steps taken, together
with the results reached. After hearing such statement the federated board will
decide by a majority vote of its members whether or not they consider the complaint
a just one, and if they approve it they shall wait upon the managing officers of the
road, by committee or in a body, and make reasonable efforts to adjust the matter.

R AILW AY EMPLOYEES IN THE UNITED STATES.

1105

If no settlement acceptable to a majority of the members of the federated board can
be reached, the question of a strike shall be considered. Each organization shall
have one vote on this question, and that vote shall be determined by the three repre
sentatives of that organization, the affirmative vote of the executive officer and one
other member being necessary. If each organization votes in favor of a strike, a
strike on part of the members of all the organizations party to the federation
employed on that system will be declared by the executives at an hour fixed by
them, and every member employed on that system of railway shall respond promptly
thereto.
No member of any organization party to this federation shall engage in any
strike of railway employees which is not sanctioned by this federation in accordance
with this section.
Sec. 7. In the event of a strike the executive committee of the federation shall be
the recognized leader.
Sec. 8. If a strike is declared by this federation, it may be declared off at any time
by the federated board by the same vote by which it was sanctioned. After a strike
has been in progress for a period of two weeks, if the federated board can not agree as
to declaring it off, the disputed point shall be submitted to the chairmen of the
boards of trustees or executive committees of the organizations (one from each organ
ization) , who shall have authority to decide it by a majority vote of their number.
S ec. 9. In the event of its being impossible for any chairman of the general com
mittee to attend a called meeting of federated board, he shall promptly so notify the
vice-chairman, if one there be. If the chairman and vice-chairman are unable to
attend or if the secretary is unable to be present, the chairman shall designate a
member of that committee to fill the vacancy. If the chairman and vice-chairman
are unable to act or appoint members to fill the vacancy, this duty will devolve upon
the secretary of the committee.
Sec. 10. In carrying out the provisions and requirements of these articles, each
organization will pay the expenses of its own representatives and members in
accordance with its own laws.
Sec. 11. Each organization party to this federation will be required to see that its
members and officers comply with all the requirements of these articles. If any
organization neglects or refuses to discipline any of its officers or members who may
be guilty of violating these rules, such organization will be summoned by the execu
tive committee to appear, through its officers, before the trial board for trial.
The trial board shall consist of the chief executive, and two associate officers of
each organization party to the federation, excepting the one on trial. A two-thirds
majority vote of the trial board shall be necessary to convict.
An organization convicted under this section may be suspended for a stated time,
or expelled from the federation. The vote shall be first taken on expulsion, and if
less than a majority vote for expulsion the organization shall be suspended for a time
fixed by a majority vote of the trial board.
Sec. 12. An organization not under charges may withdraw from membership in
the federation by filing writh the secretary of the executive committee notice in
writing, signed by its chief executive officer and grand secretary, and over seal of its
grand division or grand lodge, of its desire to withdraw at the end of sixty days from
the date of filing notice. The secretary of the executive committee shall, upon
the receipt of such notice, immediately notify all members of the executive com
mittee of its receipt; and no withdrawal shall be effective until the expiration of
said sixty days from the date upon which notice is received by the secretary of the
executive committee. Until the withdrawal is effective the organization shall be
amenable to all the provisions of these articles.
Sec. 13. These articles may be amended by a unanimous vote of the executive
committee of the federation.

1106

BULLETIN OF THE DEPARTMENT OF LABOR.

W hile this national federation worked well for a time, it did not
satisfy the more radical members and leaders of some of the brother
hoods, and it did not survive the first serious strain put upon it.
W hen, in 1899, the grievances of the railroad trainmen against the
Pittsburg yard roads were not approved by the executive committee
of the federation and the trainmen not allowed to institute a strike,
they withdrew from the federation, and were soon followed by the
Order of Railway Conductors and the Order of Railroad Telegraphers,
which resulted in the dissolution of the federation on January 18,
1900. A circular letter, dated February 1, 1900, announcing the dis
solution, stated that—
It may safely be said that one of the prime reasons for its failure
to work out what was hoped from it is that the sentiment among the
membership which is necessary to the satisfactory working of such a
plan is not sufficiently general to insure that result.
A n alliance
between organizations under which the aid of the organizations party
to the alliance is proposed to be exercised in behalf of any one of those
organizations, in order to be entirely successful, must be supported by
a spirit of willingness to sacrifice considerable of self-interest, if need
be, in order to advance the interests of the whole, or in order to estab
lish a principle, even though just at that moment it may have no direct
bearing upon the aggrieved organization. The federation was intended
as a supreme court on the matter of grievances within organizations
party to the federation, and if the extreme provided for in its rules
became necessary, it was intended to be a supreme test of the strength
of the united organizations.
The dissolution of the national federation left the Cedar Rapids
plan of system federation still in force, and all of the brotherhoods
party to the national federation have since specifically called the
attention of their members to the fact that system federation under
the Cedar Rapids plan is still available. They have also expressed the
hope that this will at some future time again lead to another and more
successful attempt at national federation. The Brotherhood of Locoihotive Engineers, which is the strongest and probably the best man
aged of all railroad employees’ organizations, did not enter the national
federation and is still opposed to any such idea. The reasons for this
position were stated most forcibly by the grand chief of the Brother
hood, M r. P. M . Arthur, who, in his testimony before the Industrial
Commission, said, when asked why he did not believe in the principle
of national federation:
I am not willing to delegate the power and authority to a conductor,
a telegraph operator, a fireman, or a brakeman to say whether the
engineers shall quit work or not. I want that question to be decided
by engineers, not by anybody else. That is one of my principal rea
sons. Another reason is, tne moment you federate you lose your
identity as an organization. No matter now you may do it, the public

BAIL W AY EMPLOYEES IN THE UNITED STATES.

1107

will look upon it that you have become a part of the federation, and
you will be known then as the American Federation of Railway
Employees only; there will be no Brotherhood of Locomotive Engi
neers, or Brotherhood of Locomotive Firemen, or Order of Railway
Conductors, or Order of Railway Telegraphers. I may be mistaken.
W e are the pioneers in the work of reformation among railway men.
For years we were the only organization that claimed to be a protect
ive organization. For 22 years the Order of Railway Conductors
was known as a nonprotective organization; the same way with the
Brotherhood of Locomotive Firemen up to 1885; and for 30 years we
went right along adjusting our grievances, making agreements with
the companies without the aid or assistance of anybody. W e have
treated everybody well so far as we knew how, and I never could
understand, and I do not know to-day, why it is necessary for the
locomotive engineers to federate with others.
For what purpose?
Might never made right. Some, however, advance this argument: If
a delegation representing every branch of the service walks into the
office of the general manager he would not dare say no. W ell, that
remains to be seen. I do not believe that we ought to win by resort
ing to coercive measures, nor do I believe you would be received in
the same spirit if you would approach him in that coercive way.
Again, it may be selfish, but federation would mean that each organi
zation would have to spend its time and money in adjusting other
people’s differences. Personally I have always been opposed to it,
and there has never oeen any argument advanced by anyone to con
vince me that it was necessary for the Brotherhood of Locomotive
Engineers to federate with the organizations for its future good.
Most of the brotherhoods object to incorporation on the ground
that each individual member of the organization could then be sued
for acts of the organization. The finances of the organizations are,
in the absence of incorporation, protected by requiring bonds from
the financial and other officers, and the insurance departments of some
of the brotherhoods, notably that of locomotive engineers, are incor
porated as independent organizations. The grand chief of the railway
conductors stated in his testimony before the Industrial Commission
that he saw no objection to incorporation and believed that in time the
idea of incorporation would meet with general approval by the mem
bership of the brotherhoods. It is interesting to note that in the case
of most of the brotherhoods there has been no conflict with employers
on the question of the employment of nonunion men. The engineers
have not objected to the employment of nonunion men, and Mr.
Moseley, secretary of the Interstate Commerce Commission, in his
testimony before the Industrial Commission, stated that the railway
brotherhoods showed no antagonism toward railway men who do not
belong to the organizations. Most of the brotherhoods have large
protective funds, which are, however, in some cases a necessary part
of the financial strength of the brotherhood in its beneficiary features,
and are therefore used conservatively.

1108

BULLETIN OF THE DEPARTMENT OF LABOR.

The organizations of railway employees are numerous, and especially
among the higher grades of service. Among the officials there are a
large number of educational associations whose members meet together
for frequent conference and discussion of topics relating to their
several departments of work. Many of these have also a strong social
feature. Railway clubs exist in most of the large cities which are
railroad centers. Seven or eight of the more important of these clubs,
such as those in New York, Chicago, Buffalo, Boston, and St. Louis,
have a combined membership of over 2,500. Their members meet
monthly to discuss technical questions relating to railroad operations,
and most of the clubs publish proceedings. Their membership, how
ever, is composed almost entirely of the higher officers in the mechan
ical and operating departments. Other organizations, such as the
Association of Railway^ Telegraph Superintendents, the Passenger and
Ticket Agents’ Association, the Freight Claim Agents’ Association,
the Master Carbuilders’ Association, the Master Mechanics’ Associa
tion, the Road Masters’ Association, etc., reach a number of the higher
grades of employees. Outside of the subordinate lodges of the broth
erhoods there are few organizations that reach the rank and file of
railway employees. The tendencies, however, in all of these organi
zations is toward the cultivation of greater efficiency in the service and
toward the weeding out of incompetent men and the strengthening of
weak men. The employers of railway labor have generally recognized
that while the organizations of railway employees are not always as
conservative as they might desire, they have on the whole had, up to
the present time, a stronger educational influence than labor organiza
tions generally have, and that they have in them the promise of greater
development in this direction. This conclusion is also in paid; sub
stantiated by the rapid collapse of organizations not based on the
trade-union principle.
THE EMPLOYERS OF R A ILW A Y LABOR.
The railroad companies, by reason of the nature of the quasi-public
service which they perform, must needs give more careful considera
tion to the question of the relations they sustain to their employees
than is necessarily the case in other occupations. A railroad can not
shut down the plant because of some dispute with its men as might be
done without public censure by a manufacturer. Railroad companies
have, therefore, not merely developed an efficient system of recruiting
employees, but they have necessarily developed an efficient system of
supervision, inspection, and retention of their men. A few of the
leading efforts of railway employers to improve the service and to
promote the spirit of contentment among their men may be discussed
here under the headings: (1) Educational efforts to improve the service,
and (2) aids to industrial betterment of the personnel of the service.

RAILW AY EMPLOYEES IN' THE UNITED STATES.

1109

EDUCATIONAL EFFORTS TO IMPROVE THE SERVICE.

Not as much is done in this direction on American roads as on
European roads. Few American roads furnish directly any technical
education for their employees, as is quite general on the European
roads. Most roads, in the transportation department, have equipped
instruction cars with the necessary apparatus and charts and these are
moved about from place to place and the men required to familiarize
themselves with their operations in order to pass examinations on the
books of rules for promotion in the service. One company employ
ing 32,000 men states that in its transportation and machinery depart
ment apprentices to the trades of machinist, blacksmith, boiler maker,
tinsmith, carpenter, and painter are taken at the principal shops of
the company and serve a term of apprenticeship therein of from three
to four years, according to age, being released on attaining their
majority.
Some of the machinists’ apprentices are given special
instructions in mechanical drawing as a part of their apprentice course,
but aside from the foregoing no technical education is furnished by
the company. In connection with the drill of the men on the rules
some technical education is necessarily offered by superior officers on
most of the roads. One road employing over 10,000 men states that
“ in train service the technical education furnished by the company
consists of special instruction to trainmen in regard to use of air brakes
and air signals, for which purpose we have fitted up a car to be used
especially in connection therewith. In reference* to apprentices in
shops, if special ability is shown the}^ are promoted to our drawing
office where they receive technical experience in mechanical engineer
ing.” Another company employing 14,700 men states that it encour
ages its employees to take tuition in the correspondence schools on
favorable terms. Several companies furnish documents from time to
time to their firemen and engineers with a view to encourage them to
study for promotion in the service. Beyond these veiy general fea
tures little is done by the companies either to train men to enter the
service or to train them while in the service for the higher grades,
except as they receive such training through experience in the work
of the lower grades. A few railroad officials have held their subordi
nate officials responsible for keeping the men under them at a high
degree of efficiency by holding conferences at which various difficul
ties incident to the service are presented and the men individually
questioned as to what they would do in the event of certain- emergen
cies. Thus the Chicago, Burlington and Quincy Railroad has for
years carried out this plan very generally on its system. The Read
ing and the Lehigh Valle}" do the same. Several roads furnish free
reading rooms, and a few have traveling libraries for the general
improvement of their employees. In recent years the Young Men’s

1110

BULLETIN OF THE DEPARTMENT OF LABOR.

Christian Association railroad department, has effected an organiza
tion on the more important roads, with headquarters at which reading
rooms, libraries, and club house features are provided, and also a few
elementary educational courses, some of them especially devised to
meet the needs of railroad men. The first •railroad branch of the
Young Men’s Christian Association was established in Cleveland in
1872; now there are 68 of these associations with organizations at
over 150 division points and with a total membership of 37,000 rail
road employees.
To this work the railroad corporations now con
tribute annually over $180,000. O f these associations 45 occupy entire
buildings owned by the association, and 23 have buildings set apart by
railroad companies or officials for the use of the association. Thirtyfive of these associations reported in the year 1900 that they had edu
cational classes in which 112 branches were being taught. In addition
to the common school branches, frequently represented in the educa
tional programmes of these associations, the following programme of
one of the largest associations, located on the Pennsylvania system, may
serve to indicate the extent to which such courses sometimes meet the
particular needs of railway employment:
Air brake: Plant in operation and demonstrations on alternate Monday and Fri
day afternoons and evenings during October, and on Friday afternoons and evenings
during the remainder of the season.
Steam heating: Model and cut sections provided; demonstrations given on alter
nate Monday and Friday afternoons and evenings during October.
Valve motion: Demonstrations with special models Monday afternoons and even
ings during November.
Lubrication: Lectures on valve, engine, and machine lubrication Monday after
noons and evenings during December.
Injectors: Lectures—with models of Sellers’ and Monitor injectors—Monday after
noons and evenings during January.
Signals and switches: Illustrated lectures Monday afternoons and evenings during
February.
Coal and locomotive firing: Lectures Monday afternoons and evenings during
March.
First aid to the injured: Lectures Monday afternoons and evenings during April.
The instructors will be experts on these subjects.
The models, cut sections, charts, and other appliances will be at the service of all
employees of the Pennsylvania Railroad Company for inspection daily, except Sun
day, from 9 a. m. to 10 p. m. No fee charged for instruction or use of appliances.
AIDS TO INDUSTRIAL BETTERMENT OF THE PERSONNEL OF THE SERVICE.

Several railroad corporations have established savings funds, with a
view to encouraging thrift, and providing a safe and easy method for
their employees to invest their savings. One of the first, but not the
largest of this sort, is that of the Baltimore and Ohio Railroad, which
has alscPcombined with it a loan feature, which is operated somewhat
as a building and loan association fund. This savings fund was inau
gurated August 1, 1882, and the prospectus announced its object to

RAILW AY EMPLOYEES IN THE UNITED STATES.

1111

be “ The encouragement of habits of prudence, economy, and thrift
by placing within the reach of every employee of the railroad com
pany, upon the simplest and most advantageous terms practicable with
proper security, all the benefits derivable from the safest and most
liberal savings institutions of the country, and from the best conducted
building societies.” The depositors in this fund receive the actual
earnings, and they are guaranteed by the company at least 1 per
cent interest. Some account of the plan of operation and of the results
in the earlier years are given in a previous article on Railway Relief
Departments, (a)
During the whole history of the fund 7,509 accounts have been
opened and 3,204 were in force on June 30, 1900, at which date the
report for the last fiscal year thus noted showed the amount of
deposits to be $569,152.12 and the amount loaned during the year
$357,138.44. The total deposits since the establishment of the fund
have been over $4,000,000 and the amount loaned nearly $3,000,000.
The amount now due depositors is $1,518,328.08 and the Outstanding
loans amount to $990,202.53. Loans are made at the rate of 6 per
cent per annum. The total amount loaned to employees has been
expended in building 1,268 houses, buying 1,376 houses, improving
320 houses already owned, and releasing liens on 722 houses. The
successful operation of the fund has enabled it to pay 5| per cent
interest to depositors for several years.
A still larger saving fund is that of the Pennsylvania Railroad Com
pany^ established by order of the board of directors November 16,
1887, by virtue of the following resolution:

Resolved, That this company will receive through such of its agents
as the board of directors may from time to time designate, such por
tions of the wages or salaries of the employees as they may desire to
leave with the company, and will repay the same with such interest
thereon as may from time to time be fixed by resolution of the board,
and in the manner and according to the methods which shall be in like
manner prescribed.
The annual report of the Pennsylvania Railroad Company for the
year 1900 showed a balance to the credit of the Employees’ Saving
Fund of $2,717,709.03. The amount received from depositors during
the year was $774,589.12. The interest allowed on deposits was
$104,597.34. O f the assets of the fund $2,835,000 was invested in
securities bearing interest at an average rate of over 3£ per cent. The
operating expenses of the fund, amounting for the year to $4,953.38,
were contributed by the Pennsylvania Railroad Company. The rate
of interest at present paid by this fund is 3 i per cent. It was 4 per
cent up to July 1,1900. The agents at over 100 stations upon the lines
east of Pittsburg are designated as depositaries for the fund, which
had at the close of the year 6,529 depositors.
a See Bulletin of the Department of Labor, No. 8, January, 1897, page 50.

1112

BULLETIN OF THE DEPARTMENT OF LABOR.

The Illinois Central Railroad has recently put into operation a plan
for interesting its employees and also its patrons along the road in
investing in the stock of the company on somewhat more advantageous
terms than are enjoyed by the general public. A move in this direc
tion was made in M ay, 1893. The company has put prominently
before its employees a practical plan whereby they can save small
sums of money from their wages and buy shares of the company’s
stock. The amounts are deposited with the company to be credited
on the purchase of stock, to bear interest while so accumulating at the
rate of 4 per cent per annum, and may be withdrawn at any time, with
accrued interest, at the option of the depositor. The plan as now in
operation was announced to the officers and employees of the railroad
in the following circular sent out from the president’s office under
date of May 25, 1896:
ILLINOIS CENTRAL RAILROAD COMPANY.
P r e s id e n t ’ s O f f ic e , Chicago, May 25, 1896.
To O f f ic e r s a n d E m p l o y e e s o f t h e I l l in o is C e n t r a l R a il r o a d C o m p a n y :
Referring to my circular letter of May 18, 1893, outlining the plan for assisting
employees of the company to purchase shares of its stock, it is with much gratifica
tion that I note their increasing desire to thus identify their interests with those of
the company.
In order that the plan may be more clearly understood I present it herewith in
greater detail.
On the first day of each month the company will quote to employees, through the
heads of their departments, a price at which their applications will be accepted for
the purchase of Illinois Central shares during that month. An employee is offered
the privilege of subscribing for one share at a time, payable by installments in sums
of $5 or any multiple of $5, on the completion of which the company will deliver to
him a certificate of the share registered in his name on the books of the company.
He can then, if he wishes, begin the purchase of another share on the installment
plan. The certificate of stock is transferable on the company’ s books, and entitles
the owner to such dividends as may be declared by the board of directors and to a
vote in their election.
Any officer or employee making payments on this plan will be entitled to receive
interest on his deposits, at the rate of four per cent per annum, during the time he
is paying for his share of stock, provided he does not allow twelve consecutive months
to elapse without making any payment, at the expiration of which period interest
will cease to accrue, and the sum at his credit will be returned to him on his applica
tion therefor.
Any officer or employee making payments on the foregoing plan, and for any
reason desiring to discontinue them, can have his money returned to him with
accrued interest, by making application to the head of the department in which he
is employed.'
An employee who has made application for a share of stock on the installment
plan is expected to make the first pay merit from the first wages which may be due
him. Forms are provided for the purpose, on 'which the subscribing employee
authorizes the local treasurer in Chicago, or the local treasurer in New Orleans, or
the paymaster or the assistant paymaster to retain from his wages the amount of
installment to be credited monthly to the employee for the purchase of a share of
stock.

KAIL W AY EMPLOYEES IN THE UNITED STATES.

1113

In case an employee leaves the service of the company from any cause he must
then either pay in full for the share for which he has subscribed and receive a cer
tificate therefor, or take his money with the interest which has accrued.
The foregoing does not preclude the purchase of shares of stock for cash. An
employee wTho has not already an outstanding application for a share of stock on the
installment plan which is not fully paid for, can in any given month make applica
tion for a share of stock for cash at the price quoted to employees for that month,
and he can in the same month, if he so desires, make application for another share
on the installment plan.
Employees who want to purchase more than one share at a time for cash should
address the vice-president in Chicago, who will obtain for them from the New York
office a price at wrhich the stock can be purchased.
Any employee desiring to purchase stock (except in special purchase of more than
one share for cash) should apply to his immediate superior officer or to one of the
local treasurers.
S t u y v e s a n t F i s h , President.

This opportunity to become part owners in the property of the cor
poration has been availed of by all classes of employees. On June 30,
1900, 3,090 shares of the company’s stock had been purchased and
paid for under this plan, the average cost to the purchaser having been
$98.13 per share, the market price of the stock at that time being $116
per share. Under date of October 29, 1900, the company reported
that 211 employees had made partial payments on account of one share
each, those payments aggregating $7,951.80, or an average of $37.69
on each share. Since the shares have gone above par on the market
the buying under this plan has fallen off somewhat, probably for the
reason that many of the employees have confused shares of $100 each
with a promise to pay that sum, and are therefore unwilling to pay
more than $100 for a share. The number holding shares under this
plan has also decreased since the stock has gone above par by reason
of certain holders selling out in order to take the premium and make
a profit on their investment. Persons residing along the line have
been recently encouraged to take small holdings of stock by virtue of
the agreement of the company to carry registered holders of stock to
Chicago and back free* once a year at the time of the annual meeting.
The company is therefore very well satisfied with the tendency to
wider distribution of its stock in the hands of small holders, which it
believes will promote the business interests of the company. An
interesting statement, made at the time of the last annual meeting,
September 26, 1900, showing the distribution of holdings of stock, is
as follows:
The capital stock is $60,000,000, divided into 600,000 shares of $100
each.
This is represented by certificates for 599,949 full shares and scrip
for fractions aggregating 51 shares.
The certificates are registered in the names of 6,941 different holders.
One of these, the Administration Office, in Amsterdam, has held large
blocks of stock for nearly forty years, against which it has outstanding
its own receipts, or due bills, good to bearer, which are held by a very
large but unknown number of individual proprietors in Holland. There

1114

BULLETIN OF THE DEPARTMENT OF LABOR.

are registered in the name of the Administration Office 39,577 shares.
This leaves 530,372 shares in the name of the remaining 6,940 stock
holders, as registered on the company’s books, the average holding
being 80TV\ shares, or $8,074.
There are in America 4,350 stockholders, owning 355,227 shares,
being 59TVo per cent of the whole.
In each one of the twelve States in which the company runs its trains
we have a number of proprietors, ranging from 6 in Nebraska, who
own 149 shares, to 879 in Illinois, who own 38,117 shares, or $3,811,700.
The certificates of stock are registered as follows:
Shares.

In
In
In
In
In
In

6 names, 5,000 shares or over, 1 2 ^ per cent of the whole....................... 72,057
75 names, from 1,000 to 4,999 shares each, 24T% per cent of the w h o le ... 145,771
98 names, from 500 to 999 shares each, 9r% per cent of the w h ole.......... 58,406
731 names, from 100 to 499 shares each, 25TW per cent °f the w h ole___ 154,667
493 names, precisely 100 shares each, 8t%2(t per cent of the whole............ 49,300
5,538 names, less than 100 shares each, 19t9<j6o per cent of the whole........119, 748
Total............................................................................................................. 599,949

The above statement shows that a decided and growing majority of
the stock is held in America, and of all the holdings the majority is
held in lots of less than 500 shares ($50,000). The actual number of
proprietors is even greater than the statement shows, because each
account is treated on tne books of the company as one holding, although
many such accounts represent executors, trustees, and corporations
acting for many individuals.
In one sense this experiment of the Illinois Central Railroad, so far
as the plan for its employees acquiring holdings is concerned, may be
regarded as a profit sharing arrangement. It was doubtless adopted
with this motive in view, but the report of its workings to date shows
that in reality it is regarded by the employees more as a savings fund.
The interest of a holder of one share of stock in the earnings of the
corporation is not apt to outweigh very strongly his interests as a wageearner in case of labor disputes, especially if the stock is readily mar
ketable and he can sell without much loss or even at a profit. The
plan will become effective in its influence as a preventive of strikes
only when the holdings become very much more numerous and larger
than at present. Now probably less than 10 per cent of the total
number of employees of the railroad hold a share of stock.
The Great Northern Railway has also recently inaugurated a plan
providing for investments by employees in stock holdings. Ten
thousand shares ($1,000,000) were set aside by the directors to be han
dled by a company known as The Great Northern Employees’ Invest
ment Association, Limited. Certificates were issued against these
shares in multiples of $10 bearing 7 per cent interest payable in quar
terly dividends. Any employee who has been at least three years in
the service of the company and who does not receive over $3,000 per
annum for his services is eligible to buy these shares. The holders of
the shares may withdraw at any time, receiving the full amount of
dividends accrued to date. The average market rate of the stock being
$155 there seemed at the time of the inauguration of this plan to be
ample security for a 7 per cent investment of savings.

THE NEGROES OF LITWALTON, VIRGINIA: A SOCIAL STUDY OF
THE “ OYSTER NEGRO.”
BY WILLIAM TAYLOR THOM, PH. D.

The present study, made under the direction of the United States
Commissioner of Labor in the early months of 1901, is a continuation
of u a series of investigations of small, well-defined groups of Negroes
in various parts of the country,” of which there have already been
published The Negroes of Farmville, Virginia, Bulletin of the Depart
ment of Labor, No. 14, January, 1898, and The Negroes of Sandy
Spring, Maryland, Bulletin No. 82, January, 1901. (a)
The Litwalton and Whealton neighborhood lies in Lancaster County,
Virginia, on the eastern bank of the Rappahannock River, some 25
miles above its mouth. Whealton is at the mouth of Morattico Creek,
which is here the dividing line between Lancaster and Richmond
counties. The general line of this creek was followed for several miles
easterly, forming the northern boundary of the neighborhood; a turn
of some 2 miles to the south gave the eastern boundary, and the
southern boundary extended from this point westerly to the Rappa
hannock again at Deep Creek. This gave an irregular quadrilateral
of country about 2 miles wide, fronting on the Rappahannock River
and extending back some 5 or 6 miles toward the rising land of the
county watershed between the Rappahannock and the Potomac rivers.
The hamlet of Litwalton is assumed to be the center of the neighbor
hood, at the northwestern corner of which is the steamboat landing
and oyster shipping village of Whealton.
The inhabitants of the neighborhood are chiefly engaged in the
oyster industry, and the purpose of this investigation was to study the
Negroes of Litwalton neighborhood and Whealton village as excel
lent types of the “ oyster Negroes” of the Chesapeake and its tribu
taries, since the same general conditions of life obtain here as prevail
in varying conditions on both shores of the Chesapeake and as far
south as Norfolk. That is to say, aside from fish and oyster interests,
the prevailing type of life is agricultural, and the chief agricultural
a Other articles relating to the Negro have been published by the Department of
Labor, as follows: Condition of the Negro in various cities, Bulletin No. 10, May,
1897; The Negro in the black belt: Some social sketches, Bulletin No. 22, May, 1899,
and The Negro landholder of Georgia, Bulletin No. 35, July, 1901.

351—No. 87—01-----7

1115

1116

BULLETIN OF THE DEPARTMENT OF LABOR.

products are wheat, indian corn, oats, and hay, as they have been for
many years since tobacco cultivation was given up. In some of the
Chesapeake sections, both of Virginia and of Maryland, the cultivation
of peas and of small fruits for the city markets has, in part, displaced
the usual crops mentioned above. This is also true of the peach
growing districts of the Eastern Shore of Maryland, and is, of course,
true of the trucking country back from the water around Norfolk.
W hat is said in the following pages would have to be greatly modified
to apply to the latter sections with especial force. But it is believed,
as the result of inquiries addressed to those in a position to know the
various local conditions, that the Litwalton-Whealton neighborhood
may be taken as a fair, if somewhat pronounced, type of the condition
of the Negroes in this great oyster and fish producing region, in which
they are apparently making themselves more permanently at home;
but whether in increasing numbers proportionately to the whites is a
matter of doubt.
When the peaiyit country of southern Virginia and the cotton region
of North Carolina are reached, the agricultural conditions are so
changed as to make it doubtful if the conclusions here set forth are
applicable.
The counties of Virginia and Maryland bordering on the Chesapeake
and its oyster-bearing affluents, which this report aims to represent,
contained, according to the census of 1890, about 600,000 inhabitants, of
whom about 250,000 were Negroes. The total land area is about 11,000
square miles. A s appears elsewhere only a certain portion of the ter
ritory and of the Negro population are included in this discussion.
LANCASTER COUNTY.
Lancaster, organized into a county in 1652, is the southernmost county
of the famous 46northern neck ” of Virginia, as for about 250 years that
tract of the Old Dominion has been called which begins at Chesapeake
Bay and broadens out between the Potomac on the east and the Rappa
hannock on the west and is bounded by the Blue Ridge Mountains, in
the northwestern part of the State. The name is usually understood
nowadays to apply to the lower part of this territory, washed by the
tides in these two majestic streams. The northern neck seems to have
been named by way of distinction from the peninsula, beginning farther
down the bay between the York and the James, and from the 44 south
side” of the James. The term 44neck” is doubtless due to the fact
that at one point the waters of the Potomac are divided from those of
the Rappahannock by a narrow neck of land only a few miles wide.
Lancaster County is bounded on the east by Chesapeake Bay, on the
northeast by Northumberland County, on the north by Richmond
County, and on the west and south by the Rappahannock River, which

1117

NEGROES OF LIT WALTON, VIRGINIA.

is from 3 to 5 miles wide the entire length of the county and covers
some of the finest oyster beds in the country.
The banks of the Rappahannock are for the most part several feet
above the surface of the water, rising in many places to low bluffs. The
fertile lowlands extend some distance back from the river, and then the
country rises somewhat to the low central plateau, where there are con
siderable hills in the watershed, formed apparently by the erosions of
small streams. This central plateau is still spoken of as the “ forest”
by the country people, a name that carries its own suggestion of the
limits of former settlement and cultivation under the old tobacco
regime, when the wealthy planters lived gayly along the water front;
a name, also, that in more recent years, until the rise of the oyster
industry, marked probably the chief source of wealth to the county.
For it is only within the very recent past that the valuable forest has
been stripped from the face of the country. There is still a little
lumbering going on, but the industry has been ruined for years to
come.
According to the record in the county clerk’s office in 1900, Lancaster
County contains 80,434 acres. In 1890 the census showed the follow
ing division of the land into farms:
NUMBER AND PER CENT OF FARMS IN LANCASTER COUNTY, BY SIZE, 1880.
Number.

Size of farms.

Per cent.

Under 10 acres.....................................................................................................................
10 or under 20 acres.............................................................................................................
20 or under 50 acres.............................................................................................................
50 or under 100 acres...........................................................................................................
100 or under 500 acres.........................................................................................................
500 or under 1,000 acres.....................................................................................................
1,000 acres or over........... „.................................................................. ..............................

195
220
182
107
170
18
1

22.0
21.8
20.5
12.0
19.1
1.5
.1

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

888

100.0

Sixty-seven per cent of the farms were under 50 acres, and the aver
age size of the farms was 68 acres.
This indicates that the process of
breaking up the large tracts into small farms had gone far. It is still
going on, as will be seen.
The following table shows the tenure of farms in Lancaster County
in 1890:
TENURE OF FARMS IN LANCASTER COUNTY, 1890.
Size of farms.

Cultivated Rented for Rented on
by owners.
money.
shares.

Under 10 a c re s..............................................................................................
10 or under 20 acres.....................................................................................
20 or under 50 a cres.....................................................................................
50 or under 100 a cres...................................................................................
100 or under 500 acres.................................................................................
500 or under 1,000 acres...............................................................................
1,000 acres or ov er........................................................................................

174
190
151
88 1
122
8
1

19
22
25
16
37
4

2
8
6
3
11
1

T otal......................................................................................................
Per cent................................................................................................

734 ;
82.66

123
13.85

31
3.49

1118

BULLETIN OF THE DEPARTMENT OF LABOR.

Lancaster belonged in 1890 in the third of the counties of Virginia
which had 80 per cent or more of owner cultivators. It was almost
the equal in this particular, 82.66 per cent against 83.77 per cent, of
the admirably situated Montgomery County, M d., and much above
the per cent, 70.71, for Prince Edward County, Va.(a)
These 888 farms were worth in 1890, $892,870; they had on them
farm implements worth $28,380. W ith an outlay of $8,153 for ferti
lizers, they produced crops and farm products of various kinds to the
value of $150,210, an average of about $169 per farm as compared
with an average of about $782 per farm for Montgomery County.
The farm products were as follows, a few very small items being
omitted:
W h e a t.................................................................................................... bushels.. 10,739
C orn ............................................................................................................. d o___ 103,977
6,736
O a ts............................................................................................................. d o ----112
R y e . . . ......................................................................................................... d o___
2,995
Irish potatoes...............................................................................................d o___
4,002
Sweet potatoes.............................................................................................d o----A pples.........................................................................
d o___ 11,502
955
Peaches........................................................................................................d o----1,386
H a y ............................................................................................................... ton s..
B utter......................................................................................................pounds.. 52,645
1,759
H o n e y ..........................................................................................................d o----23
W a x ............................................................................................................. d o___
3,038
W ool............................................................................................................. d o___
E ggs........................................................................................................... dozen.. 64; 212
M ilk ......................................................................................................... gallons.. 221,384
$130.00
Vegetables, small fruits, worth.............................................................

The live stock on these farms in 1890 was as follows:
H orses....................................................................................................................
M u les......................................................................................................................
O xen........................................................................................................................
Sheep......................................................................................................................
C ow s........................................................................................................................
Other cattle.............................................................................................................
Sw ine......................................................................................................................
Chickens.................................................................................................................
Turkeys..................................................................................................................
G eese......................................................................................................................
D ucks......................................................................................................................

1,045
67
842
972
1,139
958
4,252
54,576
3,384
2,148
2,821

These were valued at $125,930.
The combined true valuation of the real estate and live stock in 1890
was $1,018,800. The assessed valuation of real estate and improve
ments at the census of 1890 was $625,911. In 1900 the assessed valua
tion was $713,399, representing a gain of 13.98 per cent for the period
of 10 years.
a See reports for Sandy Spring and Farmville, Bulletins Nos. 32 and 14.

KEG ROES OF LITWALTON, VIRGINIA.

1119

The basis for the tax levy for 1899-1900, according to the statistics
in the office of the county clerk, was: Realty, $713,398.91; personalty,
$331,765; total, $1,045,163.91; and 2,129 polls. This basis yielded, at
the rate of $0.90 per $100 of property and of $1 per poll, the sum of
$11,535.48.
In 1899-1900 the county, according to the report of the county super
intendent of schools, had 31 public schools and 32 schoolhouses, a col
ored school in one district being held in one schoolhouse for one half
session and in another schoolhouse for the other half session. There
were no graded schools. The average length for the yearly school ses
sion was 6.33 months. O f these schools, 19 were white, with 23 teach
ers, of whom 5 were males and 18 females; and 12 were colored schools,
with 12 teachers, 3 males and 9 females. The average yearly salary
of the teachers was $164.66, distributed as follows: W hite teachers,
males, $183.66; females, $174.16. Colored teachers, males, $158.33;
females, $142.50.
For these schools the county received for the session of 1899-1900
from the State school funds, $5,086.16; from the county school funds,
$1,346.02; from the district funds, $1,646.94; from balances on hand
and from other sources,(#) $1,271.36, a total of $9,350.48. O f this
amount $6,904.95 was expended for the current expenses of public
instruction, including $5,670, which went for teachers5 salaries.
One incorporated academy for whites is reported, which was kept
open during a nine-months’ session, and had 5 teachers, 1 male and 4
females, and 73 pupils of both sexes.
The total realty of the county, as of record in the county clerk’s
office for the year ending June 30, 1900, was 80,434.39 acres, assessed
at $713,398.91, of which 70,811.41 acres were owned by the whites, at
an assessed valuation of $620,225.07, and 9,622.98 acres were owned
by the Negroes, at an assessed valuation of $93,173.84. The total
personal property of the county was assessed at $331,765, of which
the whites owned $276,302, and the Negroes $55,463. It will be seen
that the Negroes own nearly 12 per cent of the land of the county and
a One of these sources deserves to he mentioned particularly. It will be recalled
that the struggle for religious freedom in Virginia, which went on during and imme
diately after the Revolutionary struggle for civil liberty, ended in 1802 in the pas
sage of an act ordering the sale by the overseers of the poor of the glebes or farms
belonging to what had been the Established Church. The money thus obtained in
each parish was to be “ appropriated to the poor of the parish, or to any other object
wThich a majority of freeholders and housekeepers in the parish might by writing
direct, provided that nothing should authorize an appropriation of it to any religious
purpose whatever.’ ’ The glebe fund thus derived in Lancaster County was put into
the hands of trustees for the benefit of public education, and in 1899-1900, almost a
century after its origin, yielded $563.87 for the use of the public schools. See “ The
Struggle for Religious Freedom in Virginia: The Baptists,” by Wm. Taylor Thom,
Series X V III, Johns Hopkins University Studies, 1900.

1120

BULLETIN OF THE DEPARTMENT OF LABOR.

about 13 per cent of its assessed value; and also that they own nearly
17 per cent of the assessed personalty. The realty owned by Negroes
should probably be increased by at least 500 acres, in order to include
lands bought and not yet recorded as transferred and lands in process
of purchase. The proportion, especially of lands in process of purchase,
may easily be much larger. For example, 6 of the families of the
Litwalton neighborhood are reported as now buying 55 acres of land.
In many cases the sellers withhold title until purchase money and
interest have been all paid, and this process often extends over many
years. Sometimes, of course, trust deeds are taken and title is conveyed
at once.
Twenty-four out of 19 property-holding families in the Litwalton
neighborhood report their property as owned for 10 years or more, or
as inherited; and of the remaining 25 families it is almost certain
that the greater number were many years in paying before they got
titles to their property. In other words, it is most probable that much
the larger part of this real estate was bought by the Negroes before
1890, possibly even earlier. One intelligent Negro man was of the
opinion that his people were acquiring land as rapidly now as at any
time during the last 30 years; but that was not the opinion at the
county clerk’s office, nor of some well-informed white men, by whom
it was held that the change in the conditions of the oyster industry had
thrown less money into the hands of the Litwalton Negroes than was
the case 15 or 20 years ago, and that, in consequence, they were
acquiring land less rapidly.
That they hold at this time 12 per cent of the surface of the county
and about 17 per cent of its assessed personalty, is, however, a note
worthy fact. They are assessed for something like one-sixth of the
local taxes. They outnumber the whites in the proportion of 1,161
adult males to 1,068 adult males.
The record of the population during the century is of interest. The
following table is taken from the census records:
POPULATION OF LANCASTER COUNTY, 1790 TO 1S90.
Negroes.
Year.

Whites.

Total.
Slaves.

1790
1800
1810
1820
1830
1810
1850
1860
1870
1880
1890

2,259
2,090
2,276
2,388
1,976
1,903
1,802
1,981
2,198
2,626
3,171

3,236
3,126
3,112
2,944
2,632
2,478
2,640
2,869

Free.
143
159
204
185
193
247
266
301
3,157
3,534
4,020

5,638
5,375
5,592
5,517
4,801
4,628
4,708
5,151
5,355
6,160
7,191

The population did not reach the mark of 1790 again until 1880. It
was lowest during the decades from 1820 to 1850, when the great

NEGROES OE LIT WALTON, VIRGINIA.

1121

development of the W est and South was attracting emigration. The
Negroes have always outnumbered the whites from 500 to 1,000,
though the increase of the population from 1870 to 1890 has been
slightly in favor of the whites.
Tobacco, with its usual bad effects on the soil, was long the impor
tant crop in Lancaster County. Then wheat and corn, especially corn,
were chiefly cultivated. During both of these periods the lands along
the river front of the Rappahannock and on the big tide-water creeks
were held by the wealthier families; and back in the interior— the
forest— lived people not so well to do, all farmers, with slaves in vary
ing proportion to their means. After the war of 1861-1865 began the
exploitation of woods and waters. Lumbermen, employing many of
the freedmen as laborers, stripped the land of timber and sold cord
wood by the shipload. Then, also, the oyster dredgers began the
destruction of the Rappahannock oyster beds or the native oyster
44rock.”
In this latter work of destruction they nearly succeeded, as they have
done in Maryland oyster waters also. For many years, however, the
oysters were so abundant and so fine that the oyster tongers could make
high wages, better than the wages of the majority of skilled workmen,
by getting up the finest oysters and selling them to the waiting vessels
from Baltimore, Philadelphia, or New York, as the case might be.
These men often averaged #5 a day for days at a time, and those who
owned boats and could employ other men often averaged still more.
The money came quickly and they spent it lavishly, many of them
bu}Ting or beginning to buy, among other things, homes for them
selves and their families. These homes were almost invariably located
in the strip of land bordering on the Rappahannock and the native
oyster rock. Along all the oyster rivers of Virginia and Maryland the
whites have continued, with rare exceptions, to retain their hold on
the river front and on the rich river bottoms. This strip of land
varies, roughly speaking, from half a mile or a mile to a good deal
more than that in width, and can not, as a rule, be bought by Negroes.
Just back of this river belt the lands are not so valuable, but they are
near enough to the water to enable the fishermen and the oyster tong
ers to go to and from their work conveniently and seasonably. In
this section, accordingly, the Negroes have bought their lots and
built their homes. Back of this section, again, are to be found the
white farmers of the interior, some of them with large holdings of
land and employing or trying to employ and to keep permanent
families or squads of laborers. This habitat of the oyster Negro
in Lancaster County, following the meanderings of the river and
sandwiched between two sections of whites, may be likened to the
layer of chocolate in a slice of chocolate cake. This comparison is
said to hold true, by those in a position to know, for the oyster-bearing
affluents of Chesapeake Bay in Maryland as well as in Virginia. There

1122

BULLETIN OF THE DEPARTMENT OF LABOR.

are other Negro settlements in the interior of the county, of course,
and they crowd into the little towns and hamlets of Lancaster and
other counties; and from these settlements many go for the season to
the river, where they live in cabins or barracks owned by the whites.
But the characteristic home, as owner or as renter, of the oyster Negro
is in the belt of country just described.
About the year 1890 the destructive effects of dredging (a) became so
apparent and the oyster beds had been so stripped of oysters that some
remedy became a necessity. The legislature of Virginia finally passed
the present oyster law. The bed of the Rappahannock was carefully
surveyed. W ithin certain limits the river bed was claimed as State
property, and was offered for lease for 20-year periods at $1 per acre
per year. A t the same time the inspection of oyster tonging beyond
these limits was made much more rigid and systematic in order to pre
vent the taking of oysters under legal size— 3 inches in length. This
law wTent into operation in 1894, and the results have been excellent for
the oyster industry. The beds leased by the State have been largely
taken up by responsible men who are replacing the original beds by
planting year by year oyster “ seed,” as the little oysters are called,
obtained chiefly from the lower James River. These seed grow rap
idly after being laid down on fresh beds, and usually yield a sure and
large return when they are taken up for consumption.
The planting of these seed oysters, which vary from the size of a
finger nail to that of a silver dollar, is done by preference in the cool
months, to prevent injury to the oysters from the heat. In summer
these oysters are sometimes transplanted to beds near at hand in order
to thin them out, or for other reasons. They cost 25 cents a bushel
delivered at the planting ground. The number of bushels planted per
acre varies according to the time they are to remain on the bed. From
1,000 to 1,500 bushels per acre are frequently planted in February or
March, and the larger ones are taken up and sold the following Decem
ber or January at from 40 to 50 cents per bushel. The smaller ones
are left over to the next season, and are then worth from 50 to 75
cents a bushel. I f the oysters are carried over to the third season
they are supposed to be worth from 90 cents to $1 a bushel, depending
on their growth and condition, which in turn depend upon the shore
on which they are planted. Some seasons, for reasons unknown, the
oysters fail to fatten, and then they must be sold at a loss or held over
till another season. Many planters prefer to cover their beds with
oyster shells, and then wait for the “ spat,” or spawn of the oyster,
to strike on these shells. They claim that this produces an oyster bed
a Dredging is done by letting down a kind of grating upon the bottom of the river,
setting sails, and thus making the dredge scrape along the bottom, bringing up
with it big oysters and little and leaving the bottom practically bare. The oyster
bed is thus soon destroyed for years to come, sometimes for good and all.

NEGROES OF LITWALTON, VIRGINIA.

1123

practically of the same kind as the original “ oyster rock” and of
equal fertility and endurance. It is a slower process, usually, than
planting the seed oysters.
The beds leased and protected by the State have already become
very valuable. ’ A few years ago they could have been bought at a
slight advance over the annual rent paid by their lessees. Last fall
they were worth $50 an acre; this spring they are held at $100 an acre,
and the price is advancing rapidly.
This part of the oyster industry, it will be seen, has become a sys
tem of planting and reaping, and it has been followed by the next step
in the handling of a large crop, its local preparation for the consum
er’s market. Just as the cotton spinners are flocking to the South in
order to reach the raw material of the cotton crop, so are the oyster
packers rapidly establishing their houses along the lower Rappahan
nock. Formerly all oysters were exported in the shell just as they
came out of the water, after due selection and culling as to grades and
sizes. This method of export is still the leading one, but the shucking
interest is gaining rapidly. More capital is required foi the shuck
ing business, but judging from its development the returns must be
very satisfactory.
A serious defect in the oyster law is said to be its lack of protection
against the stealing of oysters from the beds when planted. The
statute, it is stated, considers only as petty larceny such stealing of
planted oysters, and punishment is inflicted only when conviction is
obtained for the theft of 50 bushels at one time. This, the planters
claim, is utterly inadequate to protect their rights.
They have to
employ watchmen and to build watchhouses out in the river in the
effort to protect themselves and to supplement the work of the State
oyster police system.
Until within the last 12 months there had never been a bank in Lan
caster County, nor, until very recent years, in a section of tide-water
Virginia almost three-fourths as large as Massachusetts.^)
Now
there are two banks in Lancaster County, one a State and one a
national bank, and this local suppty of capital is a result of the oyster
law.
L IT W A L T O N N EIG H B O R H O O D A N D W H E A L T O N .
Litwalton, taken as the center of this neighborhood study, is a ham
let of some 10 houses, including 4 stores, a post-office, and the office
and residence of the physician of the neighborhood. A short dis
tance off is a blacksmith shop. Another post-office is located about
a These tide-water counties of Virginia contained 309,076 inhabitants according to
the census of 1890, and have a land area of 5,869 square miles, as against a land area
for Massachusetts of 8,040 square miles. The population was, therefore, 52.7 persons
to the square mile, as against 278.5 persons to the square mile for Massachusetts.

1124

BULLETIN OF THE DEPARTMENT OF LABOR.

2 miles away, and at about the same distance is a boat-building and
undertaker’s shop belonging to the most prosperous man among the
Negroes. There are 2 more stores, 3 public schools (2 white and
1 colored), and a small hall* belonging to the Negroes in the neigh
borhood, and just beyond its limits is the large unfinished Negro Bap
tist church. Between Litwalton and Whealton there are a Baptist
chureh and a Methodist church. There is a gristmill at the edge of
the neighborhood, and just beyond its border a steam sawmill. A
telephone line passes through the neighborhood connecting it with the
county seat, with some points on the river, and indirectly with Fred
ericksburg on the north, where telegraph is reached. The connection
of the neighborhood with the outside world by transportation is at
Whealton through the Weems line of steamers, which ply between
Baltimore and the Rappahannock River landings as far as Fredericks
burg, and furnish a boat almost every day except Sunday. These
boats are much used. There is no other means of transportation and
travel except by private conveyance in vehicles or in boats.
The oyster industiy excepted, the interests of the neighborhood are
entirely agricultural. Yet the neighborhood, as the county, imports
food for man and beast. Corn is always high. The community as an
agricultural community is not flourishing and has not been for years.
There is almost no community spirit. The traditional isolation of the
old-time plantation life still exists among the whites, and the Negro
social life is of an unorganized kind.
The permanent population of the neighborhood consists of about
400 Negroes and about 250 whites. Judging by the school population,
we may roughly estimate the increase since 1885 of the white popula
tion of this school district at about 80 per cent, and of the Negro pop
ulation at about 17 per cent, and this ratio is approximately true for
the Litwalton community. This difference has been caused in consid
erable degree by the WThealton part of the community. The remark
able development of the oyster business at Whealton has caused a
number of white families to take up their permanent residence there.
A t Whealton, 6 years ago, there was the long wharf, with several
houses at the end of it for picking over and barreling the shell oys
ters, and a few houses on the river bank, besides the post-office and
store.
Now, in the oyster season, during the fall, winter, and 2
spring months, a population of about 500 persons is busily at work,
and the money disbursed amounts to a large sum annually. This pop
ulation is migratory. Only a few dozen people are left to occupy the
shell, so to speak, left empty b}r the oyster openers when they go back
to their Maryland homes about the end of April; for it is an interesting
circumstance that a large majority of the oyster shippers along the
lower Rappahannock are men from Maryland, Delaware, or New Jer
sey. Many of them have been engaged in the business of shipping the

NEGJ'OES OF LITWALTON, VIKGINIA.

1125

shell oysters for years past and have built up a large trade. A still
larger proportion, almost all in fact, of the oyster shucking and
packing firms, have at their heads men who have felt the effects of bad
oyster laws elsewhere, and have brought their energy and capital into
these fields, attracted by the advantages of the Virginia oyster law.
Five years ago a firm from the lowrer Eastern Shore of Maryland
started with a small force of hands into the shucking and shipping busi
ness at Whealton. Now there are 3 firms in this business at that place,
and they employ a force of something like 350 employees and disburse
during the 7 months of the active oyster season between $50,000 and
$75,000 for salaries and labor, and probabty $100,000 for oysters.
This does not include the disbursements of I other firms at Whealton
engaged in shipping oysters in the shell, nor such outlay as may be
incurred by the 3 packing firms when they buy for shipment in the
shell, nor money expended in oyster cultivation. This development
at Whealton is somewhat exceptional, but it is thoroughly character
istic, and is being rapidly imitated and duplicated at other places on
the lower river. It is in consequence of the oyster law.
There were enumerated I I I of these Negro oyster shuckers, includ
ing their families and a number of laborers in addition, and there
were doubtless a considerable number of omissions in the case of the
younger members of these families. These people nearly all come
from the same locality in Maryland— Somerset County. They are
brought across the bay in vessels in the fall, at the beginning of the
oyster season, and at its close in April are taken back in the same
way. Some of them send their children back to Maryland about
March, to go to school for the rest of the school term. Some of the
children receive some instruction at Whealton. There was in opera
tion at Whealton in February, 1901, a school of 15 pupils from among
these children, taught by a woman at the rate of 15 cents a week per
pupil. This weekly wage was probably about two-thirds of what the
teacher could have earned as an oyster shueker, but it was doubtless
more easily earned. A large proportion of the children, some of them
quite young, shuck oysters with their parents.
The families live in the houses put up by the operators, where they
are considerably crowded, if the families happen to be large.
The shuckers make good wages. Their daily average is often not so
high as that of the oyster tongers; but usually they have steady work
during the season, and thus the aggregate of earnings is large.
It seems strange at the first glance that no Litwalton Negroes are
reported among these shuckers, though perhaps I should be included.
The fact that all or most of the shuckers are outsiders is a condition
that obtains likewise at other places on the river wrhere the shucking
interest has established itself. The explanation is not far to seek.
The oyster tonger is his own master. He comes and goes when he

1126

BULLETIN OF THE DEPARTMENT OF LABOR.

pleases. I f he has good luck he may, especially if he owns his boat,
make enough money in the open weather, in the fall months practi
cally, to carry him through the season, possibly through the year.
Then he can stay at home in the hard weather, or stand around the
stove in the store with his fellows, or otherwise disport himself. He
can nearly always find an odd job to keep enough meal in the box for
a corn pone, if the oystering proves very unprofitable. And thus at
the end of the season, if he has less money in his pocket, he has had
or thinks he has had more liberty and more fun than the shucker; and
so he declines to enter upon a more confining business even with its
surer and larger returns. For the oyster shucker is confined to work.
I f he proves inefficient as a shucker or unreliable as a worker, he is
apt to find that his stall in the shucking house and his place in the
lodging house are wanted for someone else. If he is a poor shucker,
he does not get the oysters out, and he can not earn the wages where
with to pay his rent for his employer’s room and to buy his supplies
from his employer’s store. Again, the oyster tonger works out in
the open air in his boat, in sight and sound of his fellow tongers. He
may have a very successful day, or even week; the weather may
remain propitious for a longer time. He has the gambler’s hope for
luck always before him. Y et he knows also by experience that he
may be kept off the water by ice or by bad weather for weeks at a
time. The fact remains that the Litwalton tongers have not become
the Whealton shuekers.
The method of taking oysters with tongs needs perhaps a word of
explanation. The oyster tongs look like an exaggerated pair of gar
den rakes with very long metal teeth. They have slender handles
from 15 to 30 feet long. These handles, flat on one side, are fastened
together about 3 feet above the teeth. When the tongs are let down
on the bottom and the handles, sticking above the water, are opened
by the tonger, a good space of the oyster bed may be inclosed
within the jaws of the tongs. The teeth are then gradually worked
together by the tonger, who draws up his catch, whatever it may be.
The small oysters under lawful size should be culled out as the tonging proceeds, and thrown back into the water. Otherwise the tonger
becomes liable to a fine at the hands of the oyster inspector. It will
be readily seen that, though skill may do much to lessen the Strain,
oyster tonging is not easy work, and the exposure must at times be
great.
Nor is the work of the oyster shucker easy. The shucker stands in
a kind of narrow stall, which is about as high as the waist, and which
has the bottom raised high enough to keep it out of the dampness of
the muddy floor. The oysters are thrown, by the men who bring them
in in wheelbarrows, on the long table before the shucker. He holds
the oyster firmly on the table with one hand and gives it a smart blow

NEGROES OF LITWALTON, VIRGINIA.

1127

with the back of his knife, breaking the lip of the shell, or, without
breaking, simply inserts the blade of his knife between the shells,
prizes them open by a quick turn of the wrist, pulls off one shell, cuts
the heart of the oyster loose from the other shell, and drops it
into the can by his side, while he sweeps the empty shells into a
pile on the other side. Skill and experience count for much in this
work, and so does the size of the oysters. W ith large oysters a skill
ful shucker can open 20 gallons of oysters a day, which at 20 cents a
gallon would give him a wage of $4 a day. The earnings vary from
this high-water mark to about 40 cents a day for women and children.
The operators do not as a rule want their stalls occupied by inefficient
members of the families of even good shuckers; but it is recognized
as good policy to train good shuckers; hence many children are
employed. The shuckers sometimes complain of the work as hard
upon the chest, probably because of the constant forward position of
the arms. The shucking houses are mere one-story sheds, but they
are provided with stoves and can be closed, so that the shucker, though
handling wet, cold oysters, is not exposed as the oyster tonger is,
neither has he as much liberty; but his good time comes when the
shucking season is over and he goes home with the earnings he has
saved. Then he disports himself, unless he be economically inclined,
until his money is gone. The employers report that many of the heads
of families go away in the spring with considerable sums of money,
running into the hundreds of dollars, tied in bags around their necks,
and that some of the improvident among these, and still*more among
the less saving, apply for financial help before the summer is over and
the next oyster season begins. Some of the large families consume
their earnings in their employers’ stores as fast as they get their wages.
One family, for example, of 12 was called to the writer’s attention by the
remark of the employer that the head of the family— there were 4 shuck
ers in it— earned $18 a week on an average, and would spend $20 a week
if allowed credit in the store, and that he usually had nothing left at
the end of the season to show for his work. On the other hand, some
interesting cases of profiting by their opportunities will be reported
when we come to examine the occupations and wages of these people.
They are distinctly migratory and are distinctly characteristic of
the oyster country. Some of them go from oyster shucking in the
winter to berry picking in the late spring and early summer. After
leaving a large part of their earnings, expended in the stores for sup
plies, they still take with them, in the aggregate, a considerable sum
of money into other communities. This money should certainly, in
large part, be kept in the place where it is earned and where it is
needed, but neither the Negroes nor the whites of the community show
the proper aptitude and disposition to do this. The whites of Litwalton neighborhood do not avail themselves of this chance for steady

1128

BULLETIN OF THE DEPARTMENT OF LABOR.

and good wages, apparently because they are not used to it, and
because of the conditions of the labor. Among all the emploj^ees of
the 3 shucking establishments, only 3 white shuckers were found— a
man and two boys. One of these boys, a slight little fellow of 13 or
14, said that he made his 40 cents a dajr, sometimes more. There was
probably no other way whatever to be found in that whole section of
country by which this boy could make $75 for himself during the
winter season. There are many white bo}rs in the section greatly in
need of such help; there are probably still more white men in such
need, and men who are compelled to work with their hands for their
support and that of their families; and yet both men and boys are let
ting this profitable source of revenue remain in the hands of migra
tory operatives from another State.
The oysters after being taken from the shells are spread on a per
forated tank to drain, and water from artesian wells bored for the
purpose is poured over them to take off the oyster liquor the more
rapidly. They are then packed in an almost solid mass around ice in
small, stout barrels, and are read}r for shipment. The 3 firms engaged
in this business use about 35 tons of ice a week, wdiich is imported
from Crisfield, Md. Before being packed in barrels, the oysters are
sorted as to size, so as to meet the demands of the buyers in the dif
ferent markets, for these oysters go as far as into the northwestern
States beyond Chicago. The grades which the operators buy range in
price from about 40 cents to about $1 a bushel. They sell the shucked
oysters at from 60 cents to $1.20 a gallon. It requires, on the average,
something like a bushel and a peck of oysters in the shell to make a
gallon of shucked oysters. There are various designations for prac
tically the same grades o f oysters. Thus one dealer may ship his oys
ters, beginning with the small size, as culls, primes, extras, and counts,
while another may call his oysters standards, mediums, selects, and
extra selects; the counts and extra selects, respectively, mean the very
large oysters that command fancy prices in certain markets when
retailed by counting instead of by measuring. Through the courtesy
of the steamboat agent and of the 3 firms, a rough estimate of the
shipments of oysters from the Whealton wharf during the season of
1899-1900 was obtained.
During January and February of 1900, including a freeze of 8 days,
4,983 barrels of oysters were shipped. This would make about 20,000
barrels for the season of 8 months from September to the last of
April— rather a low than a high estimate. A t 2£ bushels to the barrel
this would give 50,000 -bushels of shell oysters. During the same
season the 3 firms shipped about 200,000 gallons of shucked oysters.
A t the rate of a bushel and a peck of shell oysters for each gallon of
shucked oysters this would give 250,000 bushels of shell oysters, or
a total of 300,000 bushels of shell oysters distributed from the W heal-

NEGROES OF LIT WALTON, VIRGINIA.

1129

ton wharf in the season of 1899-1900. A t the price of 50 cents a
bushel this would seem to indicate a disbursement of $150,000 for the
purchase of oysters at this single point. From this great sum should
be deducted, as not having been disbursed among the oystermen of
the vicinity, an amount which the writer is not in a position to give,
namely, the value of the oysters taken from the beds owned and culti
vated by the shippers themselves. On the other hand, thousands, of
bushels of oysters were bought at Whealton in 1899-1900 and exported
in sailing vessels, of which no record was left in the hands of the
steamboat agent, nor included under the shipments of the 3 firms as
given above.
In addition to the oyster lands of the shippers, a large number of
acres of the river bottom near Whealton are under cultivation by men
who have leased them from the State and the cultivation of which has
made this great supply of oysters possible in the short time that has
elapsed since the injury to the beds from the dredging of some years ago.
A great part of the money disbursed for the purchase of oysters goes
to them, and not directly to the oystermen of Litwalton. But many
of the Litwalton oystermen are employed by these cultivators at high
wages which yield, in the long run, perhaps, as much as the men would
make working for themselves under favorable conditions. O f course,
also, many oysters from other parts of the river are bought at W heal
ton. When all these deductions are made, there is still left of the
total disbursements for the purchase of oysters at Whealton, a large
sum which goes into the hands of the Negro oystermen of the Litwal
ton neighborhood— a much larger sum, it is thought as the result of
other inquiries, than would appear from the answers of these oyster
men to the queries of the schedule. This discrepancy, if discrepancy
it be, would result easily and naturally in most cases from the fact
that the oystermen had to make an estimate of their earnings in answer
to the thirty-third question as to wages, and this estimate was in many
cases probably too low, with all the contingencies of wind and weather
taken into consideration. This element of uncertainty, leaving a
broad margin of doubt around the report of wages, was unavoidable.
The discrepancy is not believed to be so serious as to vitiate the sub
stantial value of the report of wages.
From what has been said, it is seen that the relations of the two
parts of the chief laboring element to the central industry of this com
munity are quite different. One part, the Litwalton Negroes, the
extractive labor element, is permanent and has a characteristic com
munity life of its own; the other part, the Whealton Negroes, the
manufacturing labor element, is migratory and has no such character
istic community life as need call for extended remark in this paper,
except with respect to its economic aspects. The real community life
of the shuckers is in Maryland. This division of the labor element is

1130

BULLETIN OF THE DEPARTMENT OF LABOR.

said to be characteristic of the Chesapeake oyster grow ing and oyster
shucking region.
The Litwalton neighborhood, in common with other parts of the
county, feels the effects of the influx of summer visitors, particularly
at the camp-meeting time in August.
The present study follows the lines of the Farmville, Virginia, and
the. Sandy Spring, Maryland, studies, and comparisons are instituted
where found practicable and profitable.
In the Sandy Spring report it was said: “ In the case of Farmville we
have a small urban community of Negroes with immediate agricultural
interests and surroundings. In the case of Sandy Spring we have an
approximately equal group of agricultural Negroes with semiurban sur
roundings and interests.” (#) In the case of the Litwalton-Whealton
neighborhood, there is a group of Negroes somewhat smaller in the
aggregate, who, with agricultural surroundings and interests, subsist
chiefly by one industry. This industry is, for half of this aggregate
group, extractive, and controls their economic and social life for the
greater part of the year; for the other half, the industiy may be said
to be manufacturing and controls their economic life for half the
year, after which they return to their own social and domestic life.
This division of the whole group is, as has already been said, characteris
tic of the section and of the population.
It will appear as the study proceeds that, as in the case of the Sandy
Spring study, the schedule did not always yield results of sufficient
value to be elaborated by tables and full discussion. W ith some dif
ferences of arrangement, the same schedule of questions as for Sandy
Spring was used, as follows:
FAM ILY INQUIRIES.

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Number of family in order of visitation?
Number of persons in this family?
Deaths during year in this family?
Deaths during past five years?
Kind and size of house—number of rooms?
Does this family own this house?
Does this family own any house or land—how much/
Value of such house or land?
How long has family owned this property?
Rent paid here per month?
Church membership or attendance?

12.
13.
14.
15.
16.
17.

Name?
Relationship to head of family?
Sex?
Age at nearest birthday?
Conjugal condition?
If married, how often?

INDIVIDUAL INQUIRIES.

a See Bulletin No. 32, page 54.

NEGROES OF LITWALTON, VIRGINIA.

1131

18. Mother of how many children (born living)?
19. Number of them living?
20. Where are such children now?
21. Births during year?
22. Place of birth?
23. Length of residence in this community?
24. Free or slave in 1865—how long?
25. Length of residence in this house?
26. Months in school during the year?
27. Able to read English?
28. Able to write English?
29. Sick during year—cause?
30. Number of days sick?
31. Wanting or defective in mind, sight, hearing, speech; maimed or deformed—
in what respect?
32. Usual profession, trade, or occupation?
33. Usual wages at above?
34. Weeks unemployed during year?
35. Working for self?
36. Worked at how many places during year?
37. Worked at how many places during last five years?
38. Worked at same place for five years or longer—how long?

One other remark must be made before taking up the discussion of
the tables. In the Sandy Spring study considerable stress was laid on
domestic service and its relation to the whole community. Necessarily,
in the comparison of the two communities, attention was called to the
absence of the domestic service element in the Farmville study, and
reasons were assigned why domestic service should receive careful
attention in a study of this nature. In the present study domestic serv
ice is so nearly absent from the life of the community that it would be
labor lost to attempt to follow it up closely. W hat little there is has
for both races all the irritating features that are found elsewhere.
Seventeen white families in the Litwalton neighborhood usually try
to have servants. Of these, 8 had, at the time of this investigation,
no servants, and 2 had white servants. O f the remaining 7 families,
2 had as servants children of 12 and 13 years of age, and 1 family was
what majr be called a case of survival— that is, a family of old people
in which an old servant, a cook, was living and had been living for
30 years. The remaining 4 families were not investigated. The
domestic service, equally fleeting and sought after, was roundly
denounced by the housekeepers as incompetent, dishonest, and unre
liable. On the other hand, domestic service for the whites is ridiculed
and spoken of with contempt by the Negroes of the community.
Hence its practical absence from the neighborhood. It is said that
during the camp-meeting time, probably regarded as an extra occasion,
a number of Negroes, inaccessible at other times, go into temporary
service, which they abandon on the approach of the oyster season in
September.

351— No. 37—01--------------8

1132

BULLETIN OF THE DEPARTMENT OF LABOR.

Among the Negroes themselves there are 19 individuals, young per
sons of both sexes, who occupy the position of “ help” toward the
families with whom they respectively live. Some of the young men
are on regular wages as laborers, and have, in some instances,
been so employed for years. It is not so clear what the relations
of the others are to the respective families, but it looks as if a sys
tem of service of Negroes to Negroes was being developed, as was
said to be the case in Farmville. {a) Such a system of “ helps” might
easily grow out of the habit of the more prosperous Negroes of hiring
men to aid them in tonging for oysters in their boats. I f employer
and emplojree worked pleasantly and profitably together in taking
oysters, their relationship would naturally continue in the agricultural
work of the community in those cases in which the employer was the
owner or the cultivator of sufficient land to make the hiring of labor
desirable or necessary. Three of these young men are reported to have
been hired all the year round, for larger wages in the oyster season,
for smaller wages in the summer months, and to have been so hired
for from 4 to 8 years. There are 11 of these families w~hich report
help of some kind.
The Farmville investigator says: “ A t the same time one curious
modification of the domestic-service system is slowly taking place,
which may mean much in the future, and that is the fact that Negroes
themselves are beginning to hire servants. Ten families among Farm
ville Negroes regularly hire one servant each, and several others have
a woman to help occasionally. This system is, however, very different
from the hiring of Negroes by whites. The employers in this case in
no respect despise common labor or menial duties, because they them
selves have performed such work all their lives. Their servant, too, is
a neighbor’s daughter, whom they know and like, and treat practically
as a member of the family. Thus there grows up a system very much
like that in New England or in parts of Germany to-day, where house
work is honored. A t the same time, the Negro employers learn to
sympathize with the complaints of the whites as to inefficient servants.
In this way, possibly, the one circumstance which, more than all others,
serves to ruin domestic service in the South may be modified, namely,
the making of the term 4Negro ’ and 4servant ’ synonymous.” {a)
I f the development of a 44help” system among the Negroes them
selves would tend to improve the domestic service in the South, it
should certainly receive all possible encouragement from every direc
tion. But will the servants of the domestic service of the whites be
better or more contented for knowing that the servants of the domestic
service of the well-to-do blacks are called 44helps,” and receive a treat
ment different from that received in the houses of the whites? It is

a See Bulletin No. 14, page 21.

NEGROES OF LITWALTON, VIRGINIA.

1133

doubtful. Indeed, is it not likely that such a distinction, with its cor
respondent difference, would make the domestice service for the whites
still more obnoxious to the young Negroes ? To be treated 44practically
as a member of the fam ily” is what any fairly efficient young colored
house girl may expect as a 64help” in a Southern Negro family, and what
no colored house girl, efficient or inefficient, may as a servant expect
in any Southern white family. Whether this be right or wrong, it is
the plain fact, and it does no good to mistake or to misstate this fact,
or to think it may be explained away by the suggestion of some other
condition, actual or possible. The truth is that people do not like
domestic service, either for themselves or for others, whether they
honor housework or not; and hence they get somebody else to do the
housework for them, if they can. Housework is honored in Sandy
Spring, (a) where the Quaker mothers teach it to their daughters, who
then straightway try to find servants who shall do the work for them.
And so it goes the world over. The first Negro millionaire in the United
States will have servants in his house, and not 64helps;” the well-to-do
Negro hotel keepers now in business have servants, and not 44helps.”
One of the greatest needs of the Negro is to learn the facts, and not
the fancies, of his own economic life and of his environment as they
actually exist at the present time in the Southern States.
In Litwalton the ridicule of domestic service for the whites by the
Negroes makes it practically impossible that there should be good
domestic service by Negroes in that neighborhood. This seems to
be a direct result of the comparative rapidity and ease with which
the oyster Negro can, if he chooses, make himself and his family inde
pendent of his white neighbor. Economic independence, then, whether
in Farmville or Litwalton, leads to segregation of the races, and also
to the imitation by the well-to-do blacks, of the conditions of life
found among the well-to-do whites. That seems to be the whole story
told b}^ the facts reported in this connection.
A G E , S E X , A N D B IR T H P L A C E O F NEGRO P O P U L A T IO N .
The total number of Negroes reported in the Litwalton-Whealton
district as to age, sex, and birthplace was 847. Probably 50 omissions
should be added. A s has been explained in the preceding remarks,
the Litwalton and Wheal ton divisions of this district are so distinct
that they will not be tabulated together.
O f the 406 negroes of Litwalton there were 391 who reported as to
sex, as shown in the table following. O f these there were 216 males
and 175 females, a proportion of 810.2 females to every 1,000 males.
This is a remarkable proportion. Sandy Spring and Farmville, points
of concentration, show, respectively, 1,053 and 1,048 females to every

a See Bulletin 32, pages 76 and 82.

1134

BULLETIN OF THE DEPARTMENT OF LABOR.

1,000 males, about 100 females in each case above the average for the
United States— 952.8 females to every 1,000 males, (a) But Litwalton
shows 142.6 females per 1,000 males, or nearly 15 per cent, less than
the general population for the whole country, and more than 200
females per 1,000 males less than Farmville and Sandy Spring. This
seems to indicate a large emigration of females.
The place of birth of the population will make this clearer. O f the
406 persons enumerated, 333 were born in Litwalton and 15 in Lan
caster County outside of Litwalton, a total of 348, or 85.71 per cent;
30, or 7.39 per cent, were born in the adjoining counties of Richmond
and Northumberland; 18, or 4.43 per cent, were from elsewhere in
Virginia; that is, 97.53 per cent are from the neighborhood and the
State. Three are from Maryland, 1 from Louisiana, 1 from South
Carolina, and 5 are not reported. This recapitulation shows a very
small movement of population into the community, the 45 persons
from Lancaster County outside of Litwalton and from Northumberland
and Richmond Counties being brought in by what may be called the
neighborhood movement resulting chiefly from marriage. The excess
of males over females does not come from any large excess of males in
the immigration; for of the 73 persons, including 5 of unknown place
of birth, reported as having come into the neighborhood, 37 are males
and 36 are females. Among the women immigrants, 20 appear to have
been brought in as wives of residents and to have been living in the
community for some time. Among the men about half a dozen young
unmarried immigrants are reported, and about half a dozen more,
judging by their names, should have been reported as immigrants and
not as natives. This would show a small immigration of young men.
The explanation of the anomaly seems to be the emigration, temporary
or permanent, of the young women.
The following table shows, by age periods and sex, the number of
Negroes of each sex from whom reports were obtained:
NUMBER OF NEGROES IN LITWALTON FROM WHOM REPORTS WERE OBTAINED, BY AGE
PERIODS AND SEX, 1901.
Age periods.

Males.

Under 1 y ea r...........
1 to 4 years.................
5 to 9 years.................
10 to 15 years.............
16 to 19 years.............
OO tn 9Q vpn rs
30 to 39 years.............
40 to 49 years.............

2
18
25
33
19
42
20
21

Females.

Total.

4
18
27
27
15
23
21
16

a Not including 2, sex not reported.
6 Not including 5, sex not reported.

6
a 36
&52
a 60
34
65
41
37

Age periods.
50 to 59 years.........
60 to 69 years......... ,
70 to 79 years.........
80 to 89 years.........
Age not reported..
Total.................

Males.

Females.

Total.

12
10
3
2
9

9
3
4
8

21
13
7
2
Cl7

216

175

d391

c Not including 6, sex not reported.
Not including 15, sex not reported.

There are 104 males of voting age, and 177 children (5) of the legal
school age (5 to 20, inclusive), and 134 (5) of the usual school age (5 to
«Cf. Bulletin No. 32, page 57.
b Including 15 children age not reported and 7 sex not reported.

1135

NEGROES OF LITWALTON, VIRGINIA.

15). Eighty out of 82 families reported as to length of residence in
Litwalton. Five had been living there from 5 to 10 years, 10 from
15 to 21 years, 31 from 21 to 36 years, 31 for 36 years or longer.
Four-fifths of the families have been living in the neighborhood for
more than 21 years; or, to conform to the reports for Farmville and
Sandy Spring, only about one-fifth of the population has come in from
the outside since 1880, as compared with a little more than one-fourth
in the case of Sandy Spring and with one-half in the case of Farm
ville. (a)
The following comparative table for Litwalton, Sand}' Spring, and
Farmville shows the movement of the younger population:
NEGROES IN LITWALTON, SANDY SPRING, AND FARMVILLE FROM WHOM REPORTS
WERE OBTAINED, BY AGE PERIODS AND SEX.
[This table does not include 65 persons at Sandy Spring and 75 at Farmville, mostly women in
domestic service.]
Litwalton, Va., 1901.
Age periods.

Fe
Males.
males.

Sandy Spring, Md., 1899.

Total.

Males.

Farmville, Va., 1897.

Fe
males.

Total.

Males.

Fe
males.

17
124
112
61
45
34
22
17
8
8
1

25
249
219
108
86
74
49
38
16
11
2

12
150
147
101
67
55
52
24
15
3
1

24
277
329
188
120
102
96
47
29
6
1
1
5

627

1,225

Under 1 year..........................
1 to 9 years..............................
10 to 19 years..........................
20 to 29 years..........................
30 to 39 years..........................
40 to 49 years..........................
50 to 59 years..........................
60 to 69 years..........................
70 to 79 years..........................
80 to 89 years..........................
90 to 10ft years........................
10ft years or o v e r ...................
Age not reported...................

2
43
52
42
20
21
12
10
3
2

4
45
42
23
21
16
9
3
4

6
88
94
65
41
37
21
13
7
2

8
125
107
47
41
40
27
21
8

12
127
182
87
53
47
44
23
14
3
1
1
4

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

216

175

391

436

459

895

598

3
1

Total.

For the period from 10 to 19 years as compared with Litwalton,
Sandy Spring, with more than twice the population, shows a little over
twice the number of young males and almost three times the number
of young females; and Farmville, with a little over three times the
population, shows more than three times the number of young males
and three and a half the number of young females. For the period
from 20 to 29 years Litwalton has a large excess of males over
females, while in Sandy Spring and Farmville the males number less
than the females. Comparing the three localities for this period we
find that Sandy Spring has only 5 more males than Litwalton and
Farmville a little over twice as many, while Sandy Spring has over
two and a half times as many females, and Farmville more than four
times as many. The decade from 40 to 50 shows an excess of males
over females in both Litwalton and Sandy Spring. This would seem
to show a small immigration of males, though it may be accounted for
by the emigration of the females. The domestic-service elements for
Sandy Spring and Farmville have been excluded from this taole. Were
a Cf. Bulletin No. 32, page 58, and Bulletin No. 14, page 9.

1136

BULLETIN OF THE DEPARTMENT OF LABOR.

they included, the small proportion of young women at Litwalton would
be still more clearly shown; but, as it is, the large emigration of the
Litwalton young women seems evident. They return in many cases to
be married, or are married soon after returning. Some of the young
men emigrate permanently, but the freedom of the oyster tonger’s life
and its profits when followed regularly seem to prove more attractive
to the majority of the young men than more regular wages elsewhere.
One young man, just married and just settling himself in a little home
for which he was paying, stated that he had been earning $7 a week
for two and a half months the previous summer in a Baltimore iron
foundry and had given up that rate of wages to go back to Litwalton
and the oysterman’s life. He claimed, it should be said, that he was
averaging $20 a month for 6 months at oystering.
The next table gives the percentage in different age periods of the
Negroes of Litwalton in comparison with Negroes and with other pop
ulations elsewhere:
PER CENT IN DIFFERENT AGE PERIODS OF NEGROES IN LITWALTON, SANDY SPRING,
AND FARMVILLE, AND OF TOTAL POPULATION IN VARIOUS COUNTRIES.
[The peT cents for Litwalton, Sandy Spring, and Farmville are computed from schedules; the others
are taken from the United States Census of 1890 and Mayo-Smith’s Statistics and Sociology.]

Age periods.

Negroes
Negroes Negroes
of Lit
walton. of Sandy of Farm
Spring.
ville.
(a)

Population of—
Colored
Total
popula popula
tion of
tion of
the
the
United
United Germany. Ireland. France.
States. (5) States.

Under 10 years.........
10 to 19 years.............
20 to 29 years.............
30 to 39 years.............
40 to 49 years.............
50 to 59 years.............
60 to 69 years.............
70 years or o v er........

26.37
25.07
16.97
10.71
9.66
5.48
3.39
2.35

31.24
24.97
12.31
9.81
8.44
5.59
4.33
3.31

24.57
26.86
15.35
9.79
8.32
7.84
3.84 i
3.43 1

28.22
25.18
17.40
11.26
7.89
4.92
2.88
2.25

24.28
21.70
18.25
13.48
9.45
6.38
3.94
2.52

24.2
20.7
16.2
12.7
10.4
7.8
5.2
2.8

20.8
23.4
16.2
10.8
9.8
8.5
6.0
4.5

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

100.00

100.00 j

100.00

100.0

17.5
17.4
16.3
13.8
12.3
10.1
7.6
5.0
m o

1
a Nine persons for whom age but not sex was reported are included in the figures on which these
per cents are based.
b Persons of Negro descent, Chinese, Japanese, and civilized Indians.

The percentages for the two decades, from 20 to 30 and from 30 to
40, approach nearer the percentages for the Negro population of the
United States than in the case of either Sandy Spring or Farmville in
spite of the small proportion of young women shown by the compara
tive table for Litwalton, Sandy Spring, and Farmville just preceding.
For the Whealton part of the district it was found impracticable to
go in among the shuckers and interrupt the business of their employers
to the extent that would have been necessary to make an individual
canvass of the heads of families. Nor was it necessary. One shuck
ing house was substantially a facsimile of the others, and, as the
economic account of the employees was the imuortant matter, a reli

1137

NEGROES OF LIT WALTON, VIRGINIA.

able statement of their general conditions of life was obtained from
their employers, as well as the statement of their ages. The pay rolls
would give the wages merely; but the interest of the employer did
not stop with the payment of the wages, for he found it very desirable
to knowr whom he could carr}r on the books of his store, when an
employee was not prepared to pay cash, and whom he could not safely
credit till a future pay day. The result was that the employers or
their clerks knew personally every head of family, the number in his
family, and whether they were available as shuckers or desirable as
store customers.
Of the 441 of these Negro employees and their dependents 340
reported as to sex. O f these, 226 were males and 114 were females.
The age and sex details for 110 of them, a little less than one-fourth
of the total population, are as given in the following table:
NUMBER OF NEGROES IN WHEALTON FROM WHOM REPORTS WERE OBTAINED, BY AGE
PERIODS AND SEX, 1901.

Age periods.

Males.

1 to 4 years...............
5 to 9 years...............
10 to 15 years...........
16 to 19 years...........
20 to 29 years...........
30 to 39 years...........
40 to 49 years...........

2
1
9
10
21
17
4

Females.

1
13
4
8
11
4

Total.
2

Age periods.

Males.

Females.

Total.

50 to 59 years.........

Total.............
Age not reported..

66
dl60

44
€70

cllO
/230

226

c ll4

#340

522
14
29
28
8

Grand total.

a Not including 2, sex not reported.
6 Not including 3, sex not reported.
c Not including 5, sex not reported.
^Including 14, age not reported, but too young to work, probably under 12 years of age.
e Including 26, age not reported, but too young to work, probably under 12 years of age.
/Includin g 40, age not reported, but too young to work, probably under 12 years of age: but not
including 96 children, age and sex not reported. Of the latter number 45 were engaged in shucking
oysters, while 51 were too young to work, probably under 12 years of age.
g Including 40, age not reported, but too young to work, probably under 12 years of age; but not
including 5 children from 5 to 15 years of age, sex not reported, and 96, age and sex not reported. Of
the latter number 45 were engaged in shucking oysters, while 51 were too young to work, probably
under 12 years of age.

A s might be expected in a transient laboring population, the pro
portion of males to females was high, about 504 females to every 1,000
males.
C O N J U G A L CO ND ITION , BIR TH S, A N D D E A T H S .
The following table for Litwalton shows that of the 132 males over
15 j^ears of age who returned answers, 59, or 44.7 per cent, were
single; 64, or 48.5 per cent, were married; 7, or 5.3 per cent, were
widowed, and 2, or 1.5 per cent, were living separated from their
wives. O f the 99 women reporting, 24, or 24.2 per cent, were single;
65, or 65.7 per cent, were married; 8, or 8.1 per cent, were widowed;
and 2, or 2 per cent, were separated.

1138

BULLETIN OF THE DEPARTMENT OF LABOR.

CONJUGAL CONDITION BY SEX AND AGE PERIODS, OF NEGROES OF LITWALTON.
Males.
Age periods.
Single.
15 to 19 years..........................
20 to 29 years..........................
30 to 39 years..........................
40 to 49 years..........................
50 to 59 years..........................
60 to 69 years..........................
70 to 79 years..........................
80 to 89 years..........................
Age not reported...................

22
33
1
2
1

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

p ar
ried.

Females.

Wid
owed.

8
16
17
9
10
3
1

1
3
1
1

Sepa
rated.

1
1

Single.
18
2
2

Mar
ried.
1
20
19
12
9
1
1

1
2

Wid
owed.

Sepa
rated.

1
2

2
3

Total.

41
65
41
37
21
13
7
2
4
231

This table may be profitably compared with the corresponding table
for Sandy Spring, {a) In Sandy Spring 33 per cent of the males were
single; in Litwalton, 44.7 per cent; in Sandy Spring 60 per cent were
married; in Litwalton, 48.5 per cent. In Sandy Spring 49 out of 82
single men, 60 per cent, were under 20 years of age— that is, practically
not marriageable; in Litwalton, 22 out of 59, or 37 per cent, are under
20 years of age. The disproportion is noteworthy. In Sandy Spring 31
per cent of the females, or about the same as for the males, were single;
in Litwalton, 24.2 per cent, or 20.5 per cent less than for the males;
in Sandy Spring, 54 per cent of the females, or 6 per cent less than for
the males, were married; in Litwalton, 65.7 per cent, or 17.2 per cent
more than for the males. In Sandy Spring 47 per cent of the single
females were under 20; in Litwalton, 75 per cent.
The decade from 20 to 30 presents the strongest contrasts. In Sandy
Spring, out of 52 men between 20 and 30 years of age, 27, almost 52
percent, were or had been married, and 48 per cent were single; in
Litwalton, out of 42 men, 9, or 21 per cent, were or had been married,
and 79 per cent were single. The matter is reversed in the case of the
women.
In Sandy Spring, out of 83 women between 20 and 30, but
48 or 58 per cent, were or had been married; in Litwalton, out of 23
women, 21 were or had been married.
The decades from 30 on do not seem to call for special mention,
unless it be to note that with two exceptions not a Negro woman in
Litwalton seems to have escaped matrimony after reaching the discreet
age of 30.
It seems that the emigration of the young females from Litwalton
has left the supply unequal to the demand, and has put women at a
premium among the Negroes of that community.
It is of some interest to compare the Litwalton with the Farmville
table of conjugal condition. The decade from 20 to 30 shows for Farm
ville, as well as for Litwalton, a large excess of unmarried young men,
55 single as against 31 married men. But the cause is not, as in L it
walton, a dearth of marriageable women (5), for the table shows 44
a Cf. Bulletin No. 32, page 61.
6Cf. Bulletin No. 14, page 10; Bulletin No. 32, page 62.

1139

NEGROES OF LITWALTON, VIRGINIA.

single w.onien and 3 widows as against 54 married women of the same
age. But this is not all. If of the “ 75 servants, mostly young
women,” in domestic service in Farmville, we suppose that 40 should
be properly assigned to this decade, we should then have 87 single
women and widows as against 54 married women. Some such pro
portion would seem to represent the possible conjugal condition at
Farmville more accurately than the figures of the table, and it brings
out more emphatically the contrast of the Litwalton condition. The
excess of the young unmarried men and women in Farmville may
be due to town life as compared with country life, but the excess of
young unmarried men in Litwalton is evidently due to a lack of women
for them to marry.
In the following table the conjugal condition of the Negroes of Lit
walton is compared with that of the Negroes of Sandy Spring and of
Farmville and of the population of various foreign countries. The
table includes persons of 15 years of age or over.
CONJUGAL CONDITION OF THE NEGROES OF LITWALTON, SANDY SPRING, AND FARM
VILLE, AND OF THE POPULATION OF VARIOUS FOREIGN COUNTRIES, BY SEX.
[The per cents for Litwalton, Sandy Spring, and Farmville are computed from schedules; those for
foreign countries are taken from Mayo-Smith’ s Statistics and Sociology. The figures for divorced are
not shown for the foreign countries. This table does not include 65 persons at Sandy Spring and 75
at Farmville, mostly women in domestic service.]
Per cent of males 15 years of
age or over.

Per cent of females 15 years
of age or over.

Civil division.

Litwalton........................................................
Sandy Spring..................................................
Farmville.........................................................
France...............................................................
Germany...........................................................
Great Britain..................................................
Hungary...........................................................
Ireland.............................................................
Ttaly..................................................................
a
b
c

Also 1.5 per cent separated.
Also 2 per cent separated.
Also 2.9 per cent separated.

Single.

Married.

44.7
32.5
41.9
36.0
40.9
39.5
31.5
49.3
40.9

48.5
61.2
50.7
56.5
53.7
54.9
63.7
44.8
53.1

Wid
owed.
a 5.3
c 3.4
e 4.0
7.5
5.3
5.6
4.7
5.9
6.0

Single.

Married.

24.2
25.1
32.1
30.0
36.5
37.3
22.0
43.5
33.2

65.7
60.9
45.4
55.3
50.8
50.9
62.8
42.1
53.2

Wid
owed.
6 8.1
d 11.9
/ 19.4
14.7
12.4
11.8
15.0
14.4
13.6

d Also 2.1 per cent separated.
e Also 3.4 per cent separated.
/ Also 3.1 per cent separated.

In the following table the conjugal condition of the Negro popula
tion of Litwalton is compared with that of the Negroes of Sandy Spring
and of Farmville, and with that of the entire population of the United
States. Only persons 20 years of age or over are considered.

1140

BULLETIN OF THE DEPARTMENT OF LABOR.

CONJUGAL CONDITION OF THE NEGROES OF LITWALTON, SANDY SPRING, FARMVILLE,
AND OF THE POPULATION OF THE UNITED STATES, BY SEX.
[The per cents for Litwalton, Sandy Spring, and Farmville are computed from schedules; those for
the United States are taken from the United States census of 1890. This table does not include 65 per
sons at Sandy Spring and 75 at Farmville, mostly women in domestic service.]
Per cent of males 20 yearn of age or over. Per cent of females 20 years of age or over.
Civil division.
Single.
Litwalton...................
Sandy Spring...........
Farmville...................
United States:
Native whites,
native parents.
Native whites,
foreign par
ents ...................
Foreign whites..
Negroes...............
Total United
States...........
a

Married.

Wid
owed.

Divorced.

Single.

Married.

Wid
owed.

Divorced

33.64
15.35
25.00

58.18
76.72
65.44

6.36
4.23
5.15

al.,82
a 3.70
a 4.41

7.50
14.36
17.30

80.00
69.31
55.03

10.00
13.86
23.90

a2.50
a 2.47
a 3 .77

28.54

66.08

4.74

6.64

18.75

67.88

12.79

6.58

48.82
28.06
25.01

48.65
65.93
69.02

2.25
5.51
5.40

6.28
6.50
6.57

34.83
15.39
15.71

58.76
68.05
65.02

6.02
16.21
18.41

6.39
6.35
6.86

30.95

63.83

4.65

6.57

19.92

66.35

13.19

6.54

Separated.

6 Including unknown.

The first of these two tables shows for Litwalton a higher percent
age of unmarried males than for any locality or country compared
except Ireland; it also shows a lower percentage of unmarried females,
Hungary excepted, and a higher percentage of married females.
The second table shows for Litwalton the next to the highest percent
age of unmarried males, the lowest percentage of unmarried females,
and the highest percentage of married females in the list.
The writer is not in a position to know whether or not these
excessive percentages of the conjugal condition found in Litwalton are
pervadingly characteristic of the oyster region of the Chesapeake— that
is, of the Negro population in that region engaged in taking oysters as
a business. The conditions of life already pointed out, particularly
the two conditions developed in Litwalton, would seem to affirm the
proposition that there is a small immigration of young men and a
large emigration of young women. An examination of 38 families, or
rather of 38 married couples, for they are not all separate families,
tends in the same direction. The women of these 38 couples are all
under 40 years of age, 14 of them being between 40 and 31, and 24
between 30 and 18. Eleven of these women are immigrants, imported,
so to speak. O f the 38 husbands, 15#are between 52 and 40,16 between
39 and 30, and 7 between 29 and 20. Several of the husbands are
immigrants. It is noteworthy that only 7 women of the decade from
20 to 30 have husbands of tlie same age. The men marry late because
there are not women enough, and the women marry early, as soon as
they come back to the neighborhood, or before they can get away.
The writer does not feel that he can speak with much confidence of
the results, socialty, of this condition of the sexes. Two of the sin-%
gle women under 19 are mothers. Three other women in the neigh

NEGROES OF LIT WALTON, VIRGINIA.

1141

borhood, of whom one is now married, have a rather large and
assorted variety of children, one under 10 years old being the son of a
white man. The number of bastards reported, 10 years old or under,
was 15, or 13 per cent of the children of that age. This is not believed
to be in the least accurate. One of the reasons assigned by more
than one father for the absence of the young women of the neighbor
hood was the desire to protect them, by absence and employment,
against licentious importunity. Two of the 18 girls from 16 to 20
years of age were reported as having just returned from the city,
where they had been at work; several were working either at home or
as helps, and several were reported as simply at home, doing nothing.
One deaf mute and 1 epileptic were reported among the children.
An epidemic of measles had passed through the neighborhood just
before this investigation was made. In addition a number of persons
seemed to consider themselves in poor health. Eight births were
reported for the current year, 14 deaths during the same period, and
44 deaths within the past 5 years. These figures are given for what
they are worth. If the number of deaths for the year is accurate and
represents the average, there would be 70 deaths for 5 years instead
of 44.
The medical opinion of the neighborhood is that both tuberculosis
and syphilis are alarmingly on the increase among the Negroes; that
they spread diseases of the exanthematous, or eruptive type, with
great rapidity; that they are more liable to diseases of all kinds than
the whites, and that the mortality among them is greater than among
the whites.
The proportion of mixed blood in the Negro population of the com
munity seemed to be very large, not less than 75 per cent, perhaps
nearer 85 per cent, (a)
The following incomplete report for Whealton is given. It shows
that out of 97 males above 15,40 are single men, or 41.2 per cent; 56,
or 57.7 per cent, are married, and 1 is a widower. Out of 75 females,
9, or 12 per cent, are unmarried; 59, or 78.7 per cent, are married,
and 7 are widows. O f the unmarried men, 19 or 47.5 per cent, are
between 20 and 29 years of age. The 5 whose ages are not reported
would probably raise this percentage to between 55 and 60 per cent.
No unmarried females are reported as belonging to this decade.
This proportion for each sex might be expected under the conditions.
The proportion of widows reported, 9.3 per cent of the females, is
interesting if not surprising. They are, however, widows with one or
a A noteworthy remark in this connection was made by a married woman in reply
to the question whether she had been born free or slave. She replied: “ I was
born free. My mother before me was free. My mother was half white; my father
was a white man; and I have just enough Negro blood in me to ruin me.” She was
the mother of several children.

1142

BULLETIN OF THE DEPARTMENT OF LABOR.

more children old enough to shuck oysters; and it must be remem
bered that children of 14 and 15 can soon learn to make more than
enough to support themselves at that work. One hundred and five
day laborers— marriageable men— were not reported.
CONJUGAL CONDITION, BY SEX AND AGE PERIODS, OF NEGROES* OF WHEALTON.
Males.
Age periods.
Single.
15 to 19 years..........................
20 to 29 years..........................
30 to 39 years..........................
40 to 49 years..........................
50 to 59 years..........................
Age not reported...................

12
19
4

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

Mar
ried.

Females.

Wid
owed.

Sepa
rated.

Mar
ried.

Single.
8

2
13
4
2
35

Wid
owed.

Sepa
rated.

Total.

7
11
4
2
35

1
6

20
28
28
8
5
83

172

SCH OO LS A N D IL L IT E R A C Y .
The Litwalton Negro children have easy access to one school in their
neighborhood taught by a woman who is considered a fairly good
teacher and a good disciplinarian. The teacher’s salary is $22.50 a
month, and the school session is for 7 months. The total enrollment
of this school for 1899-1900 was 87, and the average daily attendance
was 59. O f the total enrollment 56 children are to be credited to
Litwalton, as reported in the schedules.
According to the schedules of the 134 (a) children in Litwalton,
between 5 and 15 years of age, inclusive, 54, or 40 per cent, attended
school at some time during the year; and of the 177 (a) children
between 5 and 20, inclusive, 56, or 32 per cent.
The following table shows the school attendance, by age and sex:
SCHOOL ATTENDANCE, BY AGE AND SEX, LITWALTON.

Males.
Age.

Popula
tion.

Females.

In
school.

Popula
tion.

In
school.

5 years.......................................................................................
6 years......................................................................................
7 years......................................................................................
8 years......................................................................................
9 years.......................................................................................
10 years.......................................................................................
11 years......................................................................................
12 years......................................................................................
13 years......................................................................................
14 years.......................................................................................
15 years.......................................................................................
Age not reported........................................................................

4
5
5
7
4
6
6
7
1
10
3
9

1
2
2
2
5
6
1
6
2

4
4
7
3
9
5
4
3
8
3
4
6

1
1
4
3
3
1
7
3
4

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

16 years.......................................................................................
17 years.......................................................................................
18 years.......................................................................................
19 years.......................................................................................
20 years.......................................................................................

4
5
6
4
6

3
5
7

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

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

a Including 15 children age not reported, and 7 sex not reported.

1143

NEGROES OF LITWALTON, VIRGINIA.

This table shows a much smaller comparative attendance for Litwalton than for either Sandy Spring or Farmville— 40 per cent, as
against 65 and 55.9 per cent, respectively, for children from 5 to 15,
and 32 per cent, as against 59 and 46 per cent, respectively, for chil
dren from 5 to 20.
A few more girls than boys proportionally, the same number actu
ally, attend school up to 15, inclusive. After that age, out of 25 males
and 18 females of school age only 2 females are reported as having
been to school during the session, (a)
Here, again, the contrast is sharp between Litwalton on the one
hand and Sandy Spring and Farmville on the other. The girls stay
at home without special employment in many cases, or go off to the
cities. The boys can make money by oystering. Both drop out of
school, having gotten what they want, the ability to read and to write.
The spur of environment is lacking. The race, living more to itself
than in either Sandy Spring or Farmville, seems indisposed to assimi
late what is beyond its immediate needs. The girls who go to the city
acquire the education of contact, and doubtless bring it back to L it
walton if they return. W h y should a man disquiet himself in vain
seems a very fundamental part of the life philosophy of the Litwalton
Negro.
The table for length of school attendance is practically the same as
for Farmville, and shows a higher percentage apparently than the one
for Sandy Spring, but the longer term for Sandy Spring, 9 months,
must be borne in mind.
LENGTH OF SCHOOL ATTENDANCE OF CHILDREN OF LITWALTON FROM 5 TO 15 YEARS
OF AGE, BY SEX.
School attendance.

Males.

Females.

Total.

Per cent.

Under 3 months.....................................................................................
3 or under 7 months..............................................................................
7 months..................................................................................................

1
13
13

5
6
16

6
19
29

11.11
35.19
53.70

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

100.00

There is no table for school attendance above 15. It is practically
nonexistent.
The census of the school population at different dates throws some
light upon the Negro population of Litwalton, and therefore the fol
lowing statistics are given. They are taken from the reports of the
county superintendent of schools:
In 1885 the total school population of the county was 2,505, 928 white
and 1,577 colored; in 1890 it was 3,151, of whom 1,201 were white and
1,950 colored; in 1895 it was 3,523, of whom 1,342 were white and 2,181
colored; in 1900 it was 3,683, of whom 1,483 were white and 2,200 col
ored. This increase of about 60 per cent in the white school population
a The school report gives only one pupil, sex not stated.

1144

BULLETIN OF THE DEPARTMENT OF LABOR.

as against an increase of about 40 per cent in the colored school popula
tion since 1885 seems to indicate an immigration of whites either with
out any corresponding immigration of Negroes or with a corresponding
emigration of Negroes. The oyster industry would cause a certain con
centration of white operators in the county without producing a corre
sponding concentration of Negro operatives, since they are transient.
O f the total 3,683 school children there were 1,687 enrolled, of whom
790 were white and 897 colored. The average monthly enrollment
was 1,399, consisting of 661 white and 738 colored. The average daily
attendance was 929.50, consisting of 473.85 white and 455.65 colored.
The per cent of white school population enrolled was 53.27; of colored
school population, 40.77. The per cent of white school population in
average attendance was 31.95; of colored 20.71. The per cent of attend
ance of monthly enrollment was 71.69 for the whites and 61.74 for the
colored. These figures show an unsatisfactory condition of public
instruction for the Negroes, so far as their endeavor to take advantage
of their opportunities goes. They show also some discrepancy as com
pared with the schedules.
The cost to the county of tuition per month per pupil enrolled was
53 cents, or $3.35 for the session; the whole cost of public instruction
per month per pupil enrolled was 64 cents, or $4.05 for the session.
The average cost to the 3 school districts of tuition per month per
pupil enrolled was 80 cents for whites, or $5.07 for the session, and 31
cents for colored pupils, or $1.96 for the session. The average cost to the
3 districts of tuition per month per pupil in daily average attendance
was $1.36 for whites, or $8.61 for the session, and 63 cents for colored
pupils, or $3.99 for the session.
Litwalton is in the W hite Chapel district. The school population
of the White Chapel district in 1885 was 868, of whom 242 were white
and 626 colored; in 1890 it was 1,044, of whom 298 were white and
746 colored; in 1895 it was 1,125, of whom 354 were white and 771
colored; in 1900 it was 1,181, of whom 447 were white and 734 colored.
W hile the white school population of this district increased from 242
in 1885 to 447 in 1900, about 85 per cent, the Negro school population
increased only from 626 in 1885 to 734 in 1900, a little over 17 per
cent. This seems to indicate emigration of the Negro population of
the school age.
There were in this district, in 1900, 6 white schools and 4 colored
schools, and the session was for 7 months. There were 11 teach
ers, of whom 2 males and 5 females were white and 4 females colored.
The average monthly salaries were $30 for white males, $28.50 for
white females, and $22.50 for colored females.
In the Litwalton neighborhood of this district there were 3 schools,
2 white and 1 colored. The cost of instruction in these 3 schools was

NEGROES OF L1TWALTON, VIRGINIA.

1145

presumably the same as the average cost for the 10 schools of the dis
trict, which was 90 cents tuition per month per pupil enrolled for
white pupils, or $6.30 per session, and 28 cents for colored pupils, or
$1.96 per session. The tuition per month per pupil in daily average
attendance was $1.47 for white pupils, or $10.29 per session, and 55
cents for colored pupils, or $3.85 per session.
The colored school for Litwalton {a) had a total enrollment for 18991900 of 87, of whom 40 were boys and 47*girls; an average monthly
enrollment of 76, of whom 32 were boys and 44 girls, and an average
daily attendance of 59, of whom 26 were boys and 33 girls. Here,
again, a discrepancy is to be noted between the school report and the
schedules. Bearing this margin of doubt in mind, there are, according
to the schedules, 56 of these 87 enrolled pupils to be credited to the
Litwalton neighborhood— a little over 64 per cent. The 59 pupils
constituting the average daily attendance cost the county and State,
at $3.85 each, $227.15 for the session of 1899-1900. O f these 59 pupils
about 38 belonged to the neighborhood investigated, and, at $3.85
each, cost $146.30 for their instruction.
The State school tax (used for pay of teachers only), the county
school tax (used for pay of teachers only), and the district school tax
(used for school expenses), are each 10 cents on the $100— a combined
school rate of 30 cents on the $100 of property. The reported assessed
property of the Negroes of Litwalton, real and personal, according to
the schedules, amounts to $9,311, on which the tax rate of 30 cents on
the $100 would yield $27.93. This amount, $27.93, is $5.43 more than
the salary of their teacher for one month ($22.50 per month, or $157.50
per session), and is 19 per cent of the cost ($146.30) of the instruction
of their children in this school. The county and district tax for the
W hite Chapel district amounted for this school year to $583.32. Of
this amount the Negroes of Litwalton contributed $18.62.
The yield of the county and district tax for the 3 districts in 1900
was $2,017.15. The levy for 1901 is for $2,100.
The foregoing statistics in regard to the schools of the county and of
the district in which Litwalton is situated, have been cited for a two
fold purpose— to throw light upon the attitude of the whites toward
Negro education, and to emphasize the attitude of the Negroes them
selves toward the schools. The statistics cited, taken from a typical,
remote country district, illustrate, in part, the causes of the attitude
of the two races toward the problem of Negro education.
W ith regard to the Negroes themselves, the statistics for Litwalton
and for Lancaster County show, or seem to show, that they are indif
ferent to the instruction given them in the public schools after the.y
a Report of teacher of colored public school No. 1, White Chapel district, for term
ending April 20, 1900.

1146

BULLETIN OF THE DEPARTMENT OF LABOR.

have acquired the limited ability to read and write, for they then go
at something else, while still in age schoolboys and schoolgirls. It
is not merely the need to work that keeps them away, for they are
reported as being unoccupied at home. Their parents keep them at
home on any trifling pretext, or send them away where they can learn
or begin their life work.
But it must be borne in mind that there is always danger in broad
generalization from narrow premises, and the indications from Litwalton may not be so characteristic as they seem, (a)
A s to schools and schooling, neither Sandy Spring nor Farmville are
typical of the most usual conditions of Negro life in the South. Litwalton is much more so. The length of school term and the expense
per capita are much lower than at Sandy Spring. The quality of
teaching is doubtless much below that at Farmville.
The following table shows the degree of illiteracy by sex and age
periods:
LITERATES AND ILLITERATES, BY SEX AND AGE PERIODS, LITWALTON.
Sex and age period.

Able to
read and
write.

Able to Illiterate.
read.

Not re
ported.

Total.

M ALES.

5
4
1
2

11
11
12
24

14
1

Age not reported...............................................................

28
24
13
12
1

58
40
26
38'
4

Total males...............................................................

166

32
13
9
1

1
2
' 1

5
9
10
27
2

7
1

45
24
21
28
2

120

6
6
2
2

16
20
22
51
2

21
1
1

Age not reported...............................................................

60
37
22
13
1

103
64
47
66
6

Total, both sexes....................................................

133

111

286

FEM ALES.

10 to 20 years......................................................................
21 to 30 years......................................................................
31 to 40 years......................................................................
41 years or o v e r .................................................................
Age not reported...............................................................
Total females...........................................................
BOTH

SEXES.

O f the 260 persons reporting in this table, 51.2 per cent could read
and write, 6.1 per cent could read but not write, and 42.7 per cent
were illiterate. O f the Farmville Negroes reporting 42.5 per cent
could read and write, 17.5 per cent could read but not write, and 40
per cent were illiterate. In Sandy Spring 69.9 percent could read
a See the article, “ The Broken Necklace,” by Mr. R. T. Hill, on the West Indies
and their Negro population, Century Magazine for May, 1901, p. 55. He found
everywhere evidences of retrogression among the West India Negroes and nowhere
among them real illiteracy.

1147

NEGKOES OF LIT WALTON, VIBGINIA.

and write. The issue of the war did not inject into Litwalton, as into
S a n d y Spring, a mass of immigrants much more ignorant than the
natives, and consequently the remark of the Farmville investigator may
be applied to Litwalton: 66 If we divide the population into four classes
* * * we can trace the steps of advance by the decreasing amount
of illiteracy.” The percentage of illiteracy for those over 41 is 77; for
those between 31 and 40 it is 48; for those between 21 and 30 it is 32;
for those between 10 and 20 it is 20, those not reported being omitted
in calculating these per cents. A fter omitting those not reported,
we find the percentage of illiteracy for those from 10 to 30 years of
age to be, for males, 26.5; for females, about 23, and the percentage
of illiteracy from 10 to 20 years of age for males, 25; for females, 13.
O f 101 Negroes reporting at Whealton 42.6 per cent could read and
write, 1 per cent could read but not write, and 56.4 per cent were illit
erate. It will be noticed that the percentage of illiteracy was much
higher than at Litwalton. O f 59 males, 27 were literate and 32 were
illiterate; of 42 females, 17 were literate and 25 were illiterate. O f
males between 10 and 30 reporting on this subject, 44 per cent were
illiterate; of females, 48 per cent. Of males between 10 and 20, 69 per
cent were illiterate; of females, 31 per cent. The numbers in this group
are too small to do more than give indications. They seem to show
the bad effects educationally of the nomad life of the oyster shucker.
The investigator does not think the figures for Whealton sufficiently
reliable to be worthy of any special consideration.
LITERATES AND ILLITERATES, BY SEX AND AGE PERIODS, WHEALTON.

Sex and age periods.

Able to
read and
write.

Able to Illiterate.
Not
read.
reported.

Total.

M ALES.

11
7
10
3
1

Age not reported............................................ .................

2
1
1

Total m a le s.............................................................

16
13

10 to 20 years......................................................................
21

t,o SO y e a r s .........................................................................................................

31 to 40 years......................................................................
41 vears or over..................................................................

5
18

21
25
13
4
2

FEM ALES.

4
8
7
3
3

3
1

Age not reported...............................................................

4
1
1
1

Total females...........................................................

2ft y e a r s ......................................................................
21 to 30 years......................................................................
31 to 40 years......................................................................
41 y e a r s o r o v e r ..................................................................
Age not reported..............................................................

14
22
3

15
15
17

8
1
1

37
38
22

Total, both sexes....................................................

9
4
4

BOTH SEXES.
10 to

351—No. 37—01----- 9

2
2

6
4
1

8
6

111

1148

BULLETIN OF THE DEPARTMENT OF LABOR.

O CCU PATIO N S A N D W A G E S .
The occupations of Litwalton are those incident to oyster tonging
and to farming on a small scale. Neither the neighborhood nor Lan
caster County grows enough grain for its own consumption. There
seems to be little or no export of fowls or eggs, small fruits, butter,
or any other by-product of the farm. Whatever is made is consumed
on the spot. Indian corn is rarely ever below $3 a barrel.
The total Negro population above 10 years of age can be divided, by
something of a stretch of the terms, into professional, 1; domestic
(including housewives and helps), 80; agricultural, 26; industrial, 4;
trade, meaning the oyster industry, 104; not engaged in gainful occu
pations, 40; not reported, 30.
Following the other classification used in the Farmvilie report, we
have those working on their own account, 68; laboring class, 67; house
service (including housewives and helps of both sexes employed by
Negroes), 67; day service (including also some housewives), 13; at
home, unoccupied, and dependent, 40; not reported, 30.
The following table shows the occupations by sex and age periods:
OCCUPATIONS, BY SEX AND AGE PERIODS, OF NEGROES OF LITWALTON.
10 to 15 16 to 20 21 to 30 31 to 40 41 years Age not
years. years. years. years. or over. report Total.
ed.

Occupations.

MALES.
Boat builders and carpenters......................
Boy h e lp .................................................................
Captain of buying boat.......................................
Carpenters.............................................................
Farmers............. ......................... ..........................
Farm hands................................... .......................
Laborers...................................................................
Oyster cullers........................................................
Oyster hands.........................................................
Oyster measurers (shucked oysters)...............
Oyster m en.............................................................
Oyster shuckers and farmers............... ............
Piasterers and well diggers............. ..................
Teamsters and farmers....................................
Undertakers...........................................................
Not reported.........................................................
A t home...................................................................
At school.................................................................

6
1
17

Total males..................................................

2
4

5
4

l
2
1
12

1
1
2
1
1
516
1

2
al
1

1
3
1
3
8
5
9
6
28
1
565
1
1
4
al
11
2
17
a

1
2
7
2
5

1
2
1

1
5

17
1

2
2
2

5
1

24
65

21
47

28
66

165

FEMALES.
Day workers...........................................................
Dav workers and housewives..........................

K elps..................................................................
H ousew ives......................................................

Nurses (m onthly)................................................
Shuckers and housewives..................................

W asherwomen and housew ives....................

6
1
18

10
1

At school................. ...............................................
Total females..............................................
Total males and fem ales........................

27
60

18
42

Not reported.........................................................

At. h om e........ ........... .......................................

a Counted also among

2
5

120
285

oyster men.

5 Including 1 who is also a boat builder, carpenter, and undertaker.

2
11
4
1
2
12
19
3
18

1149

NEGROES OF LITWALTON, VIRGINIA.

In the following tables the Negroes of Litwalton are compared with
the Negroes of Sandy Spring and of Farmville, and with the popula
tion of the United States, as regards the percentage engaged in certain
classes of gainful occupations:
PER CENT OF NEGROES OF LITWALTON, OF SANDY SPRING, OF FARMYILLE, AND OF
TOTAL POPULATION OF THE UNITED STATES AT WORK, ENGAGED IN EACH CLASS OF
GAINFUL OCCUPATIONS.
[The figures for Litwalton, for Sandy Spring, and for Farmville are from schedules; those for the
United States are from the census of 1890. This table does not include 65 persons at Sandy Spring
and 75 at Farmville, mostly women in domestic service.]
Negroes of Litwalton.
Classes of occupations.
Msles.
Agriculture............. .....................
Professional service...................
Domestic and personal service.
Trade and transportation........
Manufactures and mechan
ical industries..........................

8
a 102

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

135

Females.

Per cent.
12.09
.47
37.21
48.37

Per cent Per cent Per cent
in Sandy in Farm in United
Spring.
ville.
States.
45.48
2.76
43.97
1.51

2.30
3; 38
47.31
7.22

1
77
a2

26
1
80
a 104
4

1.86

6.28

39.79

22.39

215

100.00

Total.

39.65
4.15
19.18
14.63

All engaged in oyster industry.

A glance at the Litwalton table of occupations reveals a strong con
trast as compared with the Farmville and Sandy Spring tables, {a)
T h e P r o f e s s i o n s . — As against 22 professionals in Farmville and
12 in Sandy Spring, including 5 monthly nurses, the only professional
for Litwalton is the very doubtful case of an old monthly nurse.
There are said to be others in the community, but they were not so
reported. One preacher and one female teacher officiate in Litwalton,
but do not live within its borders.
T h e E n t r e p r e n e u r s . — Nothing was learned of the existence of any
barber, blacksmith, huckster, restaurant keeper, shoemaker, store
keeper, painter, wheelwright, seamstress, mail contractor, or mail car
rier among the Negroes of Litwalton. Either the occupations did not
exist, or, for some reason, those reporting did not choose to admit
that they were so employed. W e should certainly expect to find
seamstresses and shoemakers or menders of shoes in such a com
munity; but cheap clothing, rubber boots, and cheap shoes go far
to do away with these avocations. W ith money quickly made and
quickly spent by the oystermen, one would expect also that there
would be Negro merchants, particularly grocers. There were none.
The explanation given by a white man of long observation and expe
rience of the local Negro habits and nature was that, in the way of
trade, “ the Negro would not go where the white man did not go.”
This explanation seemed generally true so far as Litwalton was con
cerned, although it was hinted that several “ speak easies” or “ blind
tigers” kept by Negroes were not without a good share of Negro
patronage.
aCf. Bulletin No. 14, page 15, and Bulletin No. 32, page 71.

1150

BULLETIN OF THE DEPARTMENT OF LABOR.

F a r m e r s . — The real entrepreneurs are found among oystermen and
farmers. The number of farmers and others engaged in farm work
might be increased from 26 to 71, if the oystermen also engaged in
farming were included; but farming is subordinate in interest and in
value to the oystering, in which these men are also engaged.
One of the farmers has 2 yoke of oxen and a “ carry-log,” with
which he has done a great deal of hauling for the sawmills. He owns
144 acres of land and is prospering. The farmers are, however, chiefly
old men who work on their own small places, some having pensions
from the Government, some having sons or sons-in-law who are oys
termen making fairly good wages.
F a r m a n d C o m m o n L a b o r e r s . — The teamsters who drive for the
lumbermen get from $12 to $18 per month. The few farm hands
make from $6 to $10 a month. The common laborers live from hand
to mouth, and are chiefly elderly or old men who take odd jobs of
various kinds.
O y s t e r m e n . — Two of the oystermen who are prospering farm an
adjoining piece of land on the river front, upon which they raise good
crops. One of them stated that within the last few seasons his share
of one corn crop was 100 barrels, and corn sells usually for $3 and
upward a barrel. One of these men owns 12 acres of land valued at
$300, with his house and small outbuildings; a boat worth about $50,
and a horse, cow, buggy, road cart, pigs, and chickens. He has a
family of 8. He probably makes $250 a year oystering. The other
man owns 23 acres of land, quite a roomy house, a good-sized barn,
other outbuildings, a horse, a buggy, 2 cows, pigs, chickens, and 2
boats worth $100. He has a family of 10, including his widowed
mother and a youth of 18, to whom he pays $6 a month during the oys
ter season of 8 months. W ith a good season he might easily make
$500 a year from oystering. Another oysterman owns his house and
lot of 10 acres, valued by him at $600, and has a horse, road cart,
cow, and 2 boats worth $150. He has a family of 4, including his
widowed mother and 2 young men of 18 and 22, to whom he pays $8
and $12 respectively during 8 oyster months, and $3 apiece during the
other 4 months. He probably clears several hundred dollars a year.
The most successful Negro in the community lives in a six-room
house, which he owns, together with 61 acres of land, a barn and sta
ble, and a small occupied tenant house. His real property is assessed
at nearly $500. He has 2 cows, a horse, buggy, pigs, and fowls. He
owns two boats and has 6.8 acres of oyster planting ground leased
from the State and partly stocked. In addition to his farming and
oystering operations he is a carpenter and a builder of boats, for which
he gets about $100 each. He also keeps a small undertaker’s estab
lishment, the only one in the neighborhood, and he can easily get
coffins from Baltimore by the steamers. He has a family of 15 per
sons, 9 in his immediate family, including an adopted son of 14, and

NEGROES OF LITWALTON, VIRGINIA.

1151

6 hands, ranging from 15 to 29 years, to whom, in addition to board
and lodging, he pays wages averaging from $4 to $8 a month. His
income is probably not under $1,000 a year. He is one of the few
cases in which the trade of the father has been handed on to the son, and
he is an excellent illustration of the value to the competent Negro of
industrial training. His father was a slave, and he himself was born
a slave during the war. He is 39 years old.
Half a dozen names would include all those who are doing more than
making a bare living for themselves and their families; although the
men cited show that it is easy for an industrious man to do more.
The majority of the oystermen reported $8 a month during the oys
ter season of 8 months as their average earnings. The average rose,
for some of them, to $10, $12, $15, $20, for the season. Four dollars
a month for the other 4 months was the report in the majority of
instances. These estimates would be altogether too low but for the
habit of the men. Their custom is to work until they get a supply of
money for present needs and then to idle on a small pretext, or on no
pretext at all, until the need for funds becomes urgent again. What
they could readily do is shown in the case of 10 young men who are
employed by an oyster planter and shipper of the neighborhood.
Three of these young men are under 20 years of age. They average
$12.10 for 8 months and $6.30 for 4 months. One, who has a boat
and also a horse and buggy, makes $25 a month for 8 months and $10
a month for 4 months. Any other good oysterman of the community,
owning his boat, could make as good or better wages than the lastmentioned young man if he chose to work steadily at his business, (a)
Five of those classed under oystermen are connected with the oyster
industry at Whealton. One is a laborer employed the year round
about the oyster house at $5 a week, and his wife is an oyster shucker
who makes about $2.50 a week for 7 months. Together they get
between $325 and $350 a year. They are 30 and 28 years old, and
have one child. A second, 35 years old, and his wife, 30 years old,
shuck oysters for 7 months in the year at $12 a week, and for 5 months
farm his 3-acre farm, valued, with house, at $150. They probably
take in from $375 to $400 a year. A third is the receiver and measurer
of the oysters shucked in his employer’s establishment by about 100
people. His wages are $6 a week for 12 months, or $312 a year. He
has a wife and three children, and owns a horse and buggy. A fourth
has a wife and two children. He is an oyster buyer for his employer
and is the captain of a boat worth $500, with a crew of from 2 to 4
men. He is trusted with a good deal of money. His wages are about
$350 a 3rear. The fifth is a carpenter and oyster shucker, has a wife
a An illustration will show how these men really value their time in a good oyster
season. Some years ago a butler was needed for a wedding breakfast in the neigh
borhood. There were plenty of men, but none to be had to serve for this part of a
day, until finally one was induced to officiate for $4—about $1 an hour.

1152

BULLETIN OF THE DEPARTMENT OF LABOR.

and two children, and keeps a servant girl. His house is well fur
nished. His wages are about $400 a year. He is 35 years old, came
with his present employer from Maryland 5 years ago, and has been
with him ever since.
T r a d e s a n d I n d u s t r i e s . — The 3 carpenters enumerated, in addi
tion to the 2 under the head of oystermen, are all old men and profess
to make very meager wages, the highest earning not more than $150 a
year, the lowest about $30. The plasterer and well digger is also an
old man and makes small wages. They all own their homes and lots.
No apprentices were reported.
C l e r i c a l W o r k . — The only instance of clerical work that came
under observation was that of a young man who had, the previous
day, given himself in as an oysterman and farmer with earnings of
less than $100 a year, although he was the joint owner with his two
brothers of 60 acres recently bought and assessed, with the old house
on it, at nearly $400. He appeared as the soliciting agent of the
Benevolent and Relief Association, chartered under the laws of Virginia
in 1898, with headquarters in Richmond, V a., and 17 branch offices in
Virginia, Florida, Georgia, the District of Columbia, and Mississippi.
It has a capital stock of $50,000, and has two departments, an insurance
and relief department and an endowment or savings department. Its
officers and managers are all Negroes. The young man reported some
progress in securing members in the community, but the date of his
appointment was too recent for him to be able to make a report of any
value. One of the branch offices is in Lancaster County. The matter
is of interest.
D o m e s t i c S e r v i c e . — A s has already been said, domestic service for
the whites of the neighborhood is conspicuous by its absence and the
help system of the Negroes is not sufficiently developed to make it
matter of more than mention. Thirteen women report themselves as
day workers, and 12 more as washerwomen. About 50 cents a day
seems to be the prevailing rate reported. The rates of wages for
domestic work seem to be low. Perhaps better wages might bring
more and better service; but this is not at all certain, for most of the
Negro women of the neighborhood are married and live in their own
homes. Those not so living would be likely to be but indifferent serv
ants at any wages. The absentee habit of the young women destroys
the probability and almost the possibility of good domestic service in
the community. O f the 77 women enumerated under the class of
domestic and personal service, 61 are wives, 7 are widows, 2 are sep
arated, and 7 are single. They work chiefly at home.
O f the criminal aspects of the Litwalton Negroes it may be said, as
in the case of Sandy Spring, “ it is difficult to speak with any exact
ness except to say that there is not much overt crime.’’ There have
been no convictions for grave offenses against the law within very

1153

NEGROES OF LITWALTON, VIRGINIA.

recent }rears. There is believed to be a constant stealing of oysters
from the planting grounds, and a constant attempt to evade the law
against taking oysters under size from the natural beds. A great deal
of drinking is done.
The opportunity for sexual immorality is
diminished by absence from the neighborhood of the young unmar
ried women, many of whom, as has been noted, are sent or are allowed
to go into domestic service in the cities in the hope, on the part of
their parents, of freeing them from temptations to which they would
be subject at home. This is the other horn of the dilemma as com
pared with the anxiety of the Sandy Spring mother who wished to
keep her girls at home for fear of their lack of restraint and protec
tion away from home, (a)
The men of Litwalton can all find employment during the oyster
season. In the summer many of the j^ounger ones go into the upper
counties of Virginia and into Maryland, or into the manufactories of
the cities, or as waiters in the seashore hotels, where they make money
enough to take their ease during the rest of the year. It is doubtful
if the unemployed as a distinct claiss can be said to exist among them.
No definite information was obtained with regard to gambling among
the Litwalton Negroes.
The following table shows the occupations for Whealton. The
tabular form is used here for the purpose of emphasizing the pre
dominance of the oyster industry:
OCCUPATIONS, BY SEX AND AGE PERIODS, OF NEGROES OF WHEALTON.
[In addition to the oyster shuckers reported in this table, there were 45 whose sex and age were
not reported.]

Occupations.

M ALES.

16 to 20 21 to 30 31 to 40 4 1 years1n £ t s r® .
years. years. years. or or er. p o r t o ( J
1
j

Day laborers.........................................................................
Oyster shuckers....................................................
8
Preachers......................................................... •....................
1
Not reported....................................... ..................
Total m a le s ................................................ 1

Total.

1
11

12
Cl

11
1

13
37

9 i
23 j

4 :
81

1
3

105
41

109
99
ci 1
1

146

209

2
40

4
3
75
1
3

44
190

86
295

FEM ALES.

Domestic service___ ________________________________
Housewives...........................................................
1 j .........................
Oyster shuckers....................................................
8 1
4
Washerwomen and housewives......................................'..............
Not reported.........................................................
3 '.............
Total females.............................................. 1
Total males and fem ales........................

12
21

4
16

o
|

a Conn ted among oyster shuckers.

O f the Whealton workers reporting their occupations and sex 8, or
2.75 per cent, are classed as doing domestic work; 109, or 37.46 per
cent, as day laborers and oyster cultivators; and 174, or 59.79 per cent,

a See Bulletin No. 32, page 79, note.

1154

BULLETIN OF THE DEPARTMENT OF LABOR.

as oyster shuckers. Including the day laborers, 97.25 per cent are
engaged in the oyster industry. One local preacher is enumerated
among the oyster shuckers.
Under day laborers are included many who usually have work of
an industrial or other kind. They are the carpenters, who look after
the casks used for shipping oysters, and work on boats, buildings, and
so on; boatmen or sailors; tongsmen for taking or transplanting
oysters, and others; but at any time they may do mere manual labor
or be turned into shuckers. They will average about $6 a week in
wages.
It will be observed that, according to the imperfect report obtained,
this population gets along with a minimum of housekeeping and wash
ing. They live on supplies obtained from the stores of their employers,
and under the modern system of canned meats and vegetables but little
housekeeping is needed for people living under the conditions of
Whealton. The washing is probably done by the wives and mothers
of the families in the intervals of their work as shuckers.
The oyster shuckers are the entrepreneurs of this community, and
some of them make excellent wages. Some specimen families are
given below. They have their homes in Somerset County, Maryland.
The first family consists of 10 persons, the man and his wife each 35
years of age, and 8 children, ranging from 16 down to 5 or 6 years of
age. The first 4 children, all sons, shuck with their father and mother.
The family of 6 shuckers averages $25 a week for the season. For the
4 weeks preceding February 1, 1901, the family made $30.90, $44.95,
$34.90, and $18.20, an average of $32.24 for those weeks. The man
owns a horse and buggy, and has owned for 2 years a house and land
worth $500. He has been working with his present employer for 5
years at Whealton. A t an average of $25 a week for 7 months, his
income for the winter’s work would be about $750.
Another family of 7, with 5 shuckers and 2 small children, averages
$25 a week, and owns a horse, a mule, a buggj^, and a house and land
valued at $300. The amounts earned for 6 weeks were $19.40, $26.57,
$21.93, $43.50, $25.48, and $38, an average of $29.15.
A family of 4, consisting of a widow and 2 sons and a daughter, from
19 to 15 years old, all shuckers, average $15 a week, or $450 for 7
months. They own a house and lot worth $300. Their average for
10 weeks was $18.87.
Another family of 8, containing 5 shuckers, has a remarkable rec
ord. The husband and father, old and inefficient, is left at home.
The mother is 55, and the children range from 21 down to 11. The 3
little girls take care of the house and 300 k. The mother and 4 chil
dren, 2 sons and 2 daughters, average $18 a week shucking oysters (the
average for 9 weeks was $22.31), in addition to which the family

NEGROES OF LIT WALTON, VIRGINIA.

1155

receives $10 a week from boarders, a total of $810 for 7 months’ work.
The family owns a horse and buggy, and has owned for 10 years a
house and lot valued at $600. During the summer months the woman
keeps a store in Maryland. The woman worked with her present
employer in Maryland, and has been with him for 5 years in Whealton.
A family of 12— father, mother, and 10 children, from 15 down—
contains 1 shuckers (man, wife, and 2 daughters of 15 and 14), who
average $18 a week, a total of $540 for the 7 months. They own no
property, have no money to speak of left over at the end of the season,
and try to get advances during the summer. Such a family should
easily have something left over out of $75 a month.
A family of 5, consisting of a widow with 4 children, the oldest a
girl of 12 years and a shueker, averages $4 a week, or $120 for the sea
son. A family of 2, a woman and her child of 5, makes $3 a week, or
$90 for the season. Eighteen \roung single men average from $180 to
$210 for the season, and could make more. None of them are reported
as property holders.
The cases cited are all from the same establishment, which is typi
cal of all three. These families pay $2 a month rent for their houses.
Only one family among the shuckers at Whealton, a single woman, is
reported as making as little as $2 a week. The average earnings per
family per week for the 3 establishments (a season of 7 months for two
establishments and of 6 months for the third) are about $9, or $270 a
season for two establishments and $225 for the third. O f the 77
economic families of shuckers, 24 are reported as owning $7,100 worth
of property. A s no report on this subject was made for one of the
establishments— that is, for about one-third of the families— the real
proportion would seem to be 36 out of 77 families and about $10,600
of real property.
M O V E M E N T OF L A B O R .
It was not practicable, as in the case of Sandy Spring, to carry out
satisfactorily for Litwalton an investigation of the movement of labor.
The absence of the domestic service, the small number of farm hands,
and especially the fact that so large a number of the adult males were
engaged in the irregular life of the oysterman, all militated against
obtaining any results especially worth recording and tabulating. A
great difference in the results of the work of the thrifty and of the
shiftless oysterman has already been noted. The shiftless Sandy Spring
worker changes his place; the shiftless Litwalton oysterman simply
stops work. The errant idleness of the Sandy Spring farm hand may
be tabulated; that of the Litwalton oysterman may not.
O f 102 oystermen, 68 were working on their own account, and 34
were employees. O f the 68, 33 between 10 and 40 years of age had

1156

BULLETIN OF THE DEPARTMENT OF LABOR.

been at work under the same conditions during the year— presumably
since the}" had taken up the work— and 16 were not reported; 15, who
were 11 years old or oyer, had been at work, and 4 were not reported.
O f 34 oyster hands, including tongsmen and cullers, all under 41 years
of age, 19 had worked at the same place, 4 had been at two places, 1
had worked at several places, and 10 were not reported.
No separate report is necessary for the women, the majority of whom
are at work in their own homes.
The following table shows for Litwalton the length of present resi
dence by families:
LENGTH OF PRESENT RESIDENCE OF LITWALTON FAMILIES.
Length of residence.

Owners.

1 to 2 m onths..........................................................................
2 to 4 m onths.........................................................................
4 to C m on th s..........................................................................
6 to 12 m onths........................................................................
t to 2 years...............................................................................

1
1
2
3
2

Renters.

2
1
1
7

9 years.......................................................................................
S years.......................................................................................
4 years........................ ................................... ........................
6 to 10 years..............................................................................
10 to 20 years............................................................................
20 years or over............................ .........................................
Not reported..................................... .....................................

12
13
3
1

4
1
3

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

Tenure not
reported.

2
2

Total.

3
1
1
1
10
8
5

1
1
1
5

18
18
5
5

This table relating to the length of tenure of the particular dwelling
occupied as owner or renter does not of course agree with the statement
of the length of residence in the community given heretofore, (a) Sixtyfive families reported that they had been in the neighborhood for more
than 21 years. The discrepancy is probably due in a large measure
to the understanding on the part of the Negroes that they became own
ers of their property only when they had finished paying for it. If
this be so, it would seem to indicate that more Negroes in Litwalton
were buying homes 10 years ago than now. O f the 34 renters reported,
6 are buying property and 2 are simply care-takers.
This would
increase the number of owners to 49, and diminish the actual renters
to 26. The heads of families included in this list would be classed as
follow s: Fifty-two oystermen, of whom 27 are owners, 5 are now
buying and are included among renters, 18 are renters, and 2 are not
reported; 11 farmers, of whom 6 are owners, 1 is baying, 3 are renters,
and 1 is not reported; 10 laborers, of whom 4 are owners, 5 are
renters, and 1 is not reported; 3 carpenters, of whom 2 are owners
and 1 is a renter; 1 plasterer and owner; and 5 women, of whom 3 are
owners, 1 is a renter, and 1 is not reported. O f the 30 families whose
heads are not oystermen, 13 include oystermen among their members,
so pervasive and important is the oyster interest to these people.
The oldest shucking establishment has been in operation at W healton for 5 years. The following table, though imperfect, shows the

a See page 1135.

1157

NEGROES OF LIT WALTON, VIRGINIA.

tendency of the shuckers to return to their good wages year after }rear.
The table gives the length of local service of the oyster shuckers as
far as reportedLENGTH OF LOCAL SERVICE OF WHEALTON OYSTER SHUCKERS, BY SEX.
Worked at the same place for—
Sex.
5 years.
M ales...................•.
Females................
Total...........

4 years.

3 years.

34
14

5
5

2 years.

1 year.
7
8
15

Less than
Not
1 year. reported.,
5
I
9 i
1

I
14 i

22 1
i

Totr.l.
67
39
106

Those not reported consist in large measure of the children of the
heads of families reported and chiefly of those heads of families
reported under the 5-year period. Some of these children, however,
have been themselves shucking for several years.
O f the 106 persons herein reported, 48, or more than 45 per cent,
have been working at the same place for 5 years, and 60, or more than
56 per cent, have been so working for 3 years or over. If the children
learning to work with their parents were included in this enumeration,
the percentage for the 3-year period would undoubtedly be larger. It
must be remembered also that the oldest shucking firm started to work
5 years ago with a much smaller number of hands than are now
employed, so that the 48 hands reporting under the 5-year period
represent more than the apparent 45 per cent of the whole number
reported for this period. This reasoning is borne out by the experi
ence of the other firms who also keep their hands one season after
another, if they are satisfied with the work of the hands.
O f the 68 Litwalton oystermen working on their own account and
having every incentive to regular w7ork, 20, almost a third, did not
report as to length of employment at the same place. The 48 Whealton shuckers reporting for the 5 years seem, from what has been said,
to represent a much higher percentage of continued work than the 68
Litwalton tongers. The Litwalton oyster tonger can, in the opinion
of his neighbors, make more money if he chooses than the oyster
shucker. The average Litwalton oysterman reports his earnings at
about $8 a month during the season; the average Whealton shucker,
male or female, is reported as earning about $9 a week during the
season. The contrast is striking. It seems to show of how much
greater value to the “ oyster Negro” is controlled and directed employ
ment as compared with his own irresponsible and self-directed labor, (a)
a See Farmville Report, Bulletin No. 14, page 22.

1158

BULLETIN OF THE DEPARTMENT OF LABOR.

ECONOM ICS OF T H E F A M IL Y .
As in the Sandy Spring report, the attempt is made to carry out for
Litwalton the schedule suggested and partly carried out for the Farmville Negro families according to three conceptions of the word
“ family,” viz:
1. The possible family, i. e., the parents and all ehildron ever born
to them living.
2. The real family, i. e., the parents and all children living at
present.
3. The economic family, i. e., all persons, related and unrelated,
living in one house under conditions of family life.
The following table gives the number of Litwalton Negro families,
by size:
NUMBER OF LITWALTON NEGRO FAMILIES, BY SIZE.

Size of family.

The possible
family.

The real family.

The economic
family.

Families. Persons. Families. Persons. Families. 1 Persons.
1 m em ber.........................................................
2 members........................................................
3 members.......................................................
4 members........................................................
5 members.......................................................
6 members.......................................................
7 members.......................................................
8 members.......................................................
9 members.......................................................
10 m embers......................................................
11 members......................................................
12 members......................................................
13 members......................................................
14 members......................................................
15 mem bers......................................................
19 members......................................................
22 members......................................................
24 members......................................................

8
11
11
7
5
5
4
8
7
11
1
2*
2
2

Total.......................................................
Average ...........................................................

5
1
1
1

8
22
33
28
25
30
28
64
63
110
11
24
26
28

8
13
13
8
14
7
10
11
2
1
3

8
26
39
32
70
42
70

88
18
10
33

5
8
15
17
7
7
8
7
3
3
1

5
16
45
68
35
42
56
56
27
30
11

406
4.95

22
24
640
6.96

462
5.02

The Litwalton families report 40 children of various ages absent from
the neighborhood. Nearly half of these are in Baltimore, the natural
metropolis of this region; some 6 or 8 are in Philadelphia; a few are
in Washington, and a like *number in Atlantic City. Only 1 is
reported as in Richmond.
Out of 82 economic families there are 47, or 57 per cent, of from 2
to 5 members, as compared with 48 per cent for Sandy Spring and 63
per cent for Farmville. W ith regard to the larger economic families,
Litwalton is between Sandy Spring and Farmville, having 15 families
of 8 persons or over, or 18 per cent, as against 37 such families, or 22
per cent, for Sandy Spring, and 39, or 15 per cent, for Farmville. So,
for the larger real families, Litwalton, with 19 families of 8 persons
or over out of 92 families, is again between Sandy Spring, with 62 out
of 181 families, and Farmville, with 46 out of 249 families. The aver
age number of members for economic families is lower in Litwalton
(4.95) than in Sandy Spring (5.42) and higher than in Farmville (4.61);

1159

NEGROES OF LITWALTON, VIRGINIA.

and the average number of members for real families is lower in Litwalton (5.02) than in either Sandy Spring (6.13) or in Farmville (5.03).
In like manner the average for possible families in Litwalton (6.96)
is lower than for Sandy Spring (7.78) and for Farmville (10.79). In
referring to the larger numbers for the economic and real families of
Sandy Spring as compared with Farmville it was stated that this
larger membership of families is “ pro! ably the effect of rural as
opposed to urban conditions of life.” {a) It was fully expected that
much larger families would be found in Litwalton than in Sandy
Spring or Farmville, because of the easy conditions of life and because
of the general impression that the Negroes of the countiy districts of
the South are very prolific and have large families. The result of the
investigation is, therefore, a surprise, and the census figures of 1890
for the State of Virginia seem to confirm the figures for Litwalton.
In the 100 counties of Virginia there were, in 1890, 304,673 families
and a total population of 1,655,980, or an average of 5.44 persons to a
family. Deducting the towns and cities having a population of 2,500
or over, we find 249,426 families and a population of 1,373,259, or an
average of 5.51 persons to a family, in the rural districts of the State.
O f the 100 counties, 36 showed an excess of Negro population and 61
an excess of white population in the rural districts. Using the same
method as above, we find in the 36 Negro counties an average rural
family of 5.37 persons, and in the 64 white counties an average
rural family of 5.58 persons, the average for the Negro counties being
considerably smaller and the average for the white counties somewhat
larger than the average for the State. This would seem to show that
the Negroes in the rural districts of the State, instead of increasing
the average of persons to a family, have actually lowered that average
in the counties where they predominate in numbers; that is to say,
the average rural Negro family is smaller than the average rural white
family.
The following table gives the percentages of Negro families, by size,
for Litwalton, Sandy Spring, and Farmville, and of families for the
country at large:
PER CENT OF NEGRO FAMILIES OF LITWALTON, SANDY SPRING, AND FARMVILLE, AND
OF TOTAL FAMILIES OF THE UNITED STATES AND OF THE NORTH ATLANTIC STATES
IN EACH GROUP, BY SIZE OF FAMILY.
[The figures for Litwalton, Sandy Spring, and Farmville are from schedules; those for the United
States are from the census of 1890.]
Negroes Negroes Negroes
of Litwal of Sandy of Farm
ton.
Spring.
ville.

Size of family.

1 m em b er............................................................................
2 to 6 m embers...................................................................
7 to 10 members................................... ............................
11 members or o v e r .........................................................

6.10
65.85
25.61
2.44

5.45
63.64
26.06
4.85

a Cf. Bulletin No. 32, page 88.

4.96
72.90
19.47
2.67

United
States.
3.63
73.33
20.97
2.07

North
Atlantic
States.
3.23
78.05
17.00
1.72

1160

BULLETIN OF THE DEPARTMENT OF LABOR.

The following table for Whealton shows the number of real and
economic families, by size:
NUMBER OF WHEALTON NEGRO FAMILIES, BY SIZE.

The real family.
Size of family.

Families.

1 member................................................ ; ...................
2 members...................................................................
3 members...................................................................
4 members...................................................................
5 members...................................................................
6 members...................................................................
7 members...................................................................
8 members...................................................................
9 members...................................................................
10 members................................................... ...............
12 members..................................*...............................

24
11
11
15
16
6
1
2
2

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

The economic family.

Persons.

Families.

24
22
33
60
80
36

Persons.

6
12
10
15

6
24
30
60
80
54

36
9

16
18
30
12

1
3
1
3
1

24
9
30
12

338

336

The proportion of families of from 2 to 5, 53 out of 77 enumer
ated, is higher than in Farmville, almost 69 as against 63 per cent.
This high percentage of small families and the corresponding small
proportion of families of 8 persons or over— 10 per cent as against 15
per cent for Farmville, 18 per cent for Litwalton, and 22 per cent
for Sandy Spring— are due to the selective conditions of the Whealton
industry, which calls for people in active life, excluding the very old
and also the very young as far as practicable. In the tabulation of
the families, 105 day laborers were left out of consideration. They
are the foam, so to speak, on the advancing and receding wave of
shuckers, and are liable to be blown hither and thither by unexpected
gusts of whim or need. No attempt was made to ascertain the pos
sible families for Whealton.
The percentages for the 77 Whealton families by size of family were:
For families of 1 member, 7.79; of 2 to 6 members, 80.52; of 7 to 10
members, 10.39; of 11 members or over, 1.30. These percentages
reiterate the story of* the preceding table, that the Whealton shuckers
are a selected population.
The houses occupied by the Negroes of Litwalton contain from 1 to
6 rooms, the greater number containing 2 rooms.
The following table shows the distribution of the families in these
houses:
FAMILIES, BY SIZE OF FAMILY AND NUMBER OF ROOMS TO A DWELLING, LITWALTON.
Families occupying dwellings ofSize of family.
1 room.

2 rooms.

1
6
7
10
3
2
4
4
3

1 m e m b e r ..........................
2 m e m b e r s .......................
3 m e m b e r s .......................
4 m embers...............
5 members...............
6 members...............
7 m e m b e r s .......................

3
3
3

8 m em h ers

9m
10 m
11 m
15 m

e
e
e
e

m
m
m
m

b
b
b
b

e
e
e
e

r s .......................
r s ...... ................
r s _ ....................
r s .......................

Total families.
Total rooms...

3 rooms.
1
2
2

4 rooms.

5 rooms.

6 rooms.

Not re
ported.

1
2
1
2

1
1
1

2
1

1
1
1
1
1
1
1

1
1
13
13

41
82

9
27

7
28

3
15

2
12

Total
families.
5
8
15
17
7
7
8
7
3
3
1
1
82
177

1161

NEGROES OF LITWALTON, VIRGINIA.

A largo majority of the houses, 59, are reported as frame buildings,
and 16 are of logs. Seven are not reported. Quite a number of
houses are new; some are mere hovels or are so old as to seem hardly
weatherproof. In the better ones the rooms are of fair size, are fairly
well furnished, and are heated by stoves. W ood is the fuel used.
Almost all the houses have gardens attached; many have also outbuild
ings of various kinds connected with them. A number of the houses
are overcrowded. Three houses of one room have families of 6 mem
bers living in them. O f 41 families living in houses of 2 rooms, 3
families have 5 members; 2 have 6; 4 have 7; 4 have 8; 3 have 9, and
1 has 11. O f the 82 families Jiving in these houses, 13, or 15.9 per
cent, occupy one-room houses; 41, or 50 per cent, occupy two-room
houses; 9, or 10.9 per cent, occupy three-room houses; 7, or 8.5 per
cent, occupy four-room houses; 3, or 3.7 per cent, occupy five-room
houses; 2, or 2.5 per cent, occupy six-room houses; and 7, or 8.5
per cent, are not reported. Not including the rooms of 7 families
not reported, we have 177 rooms for 75 dwellings, or 2.36 rooms to a
family and 2.05 persons to a room.
O f these 82 families, 43, or 52 per cent, own their own homes; 34, or
42 per cent, rent the houses they occupy, and the tenure of 5 families,
or 6 per cent, is not reported. If we add to the owners the 6 families
already mentioned as now buying land, we have 60 per cent owning
their own homes, 34 per cent renting, and 6 per cent not reported.
The following table shows the number of families owning or renting
their homes:
FAMILIES OWNING AND RENTING HOMES, BY NUMBER OF ROOMS TO A DWELLING4
LITWALTON.
Families occupying dwellings of—
Tenure.
1 room.

2 rooms.

Owners......................j
Renters......................:
Tenure not reported.

5
8

19
20

Total families.:

2
41

Total
families..

5 rooms.

6 rooms.

Not re
ported.

G
3

6
3
1 ................

2
2

43
34

3 rooms. 4 rooms.

........................................
3

The Whealton families do not own their homes.
The following table gives the rents paid by the Litwalton families:
RENTS PAID BY FAMILIES, BY NUMBER OF ROOMS TO A DWELLING, LITWALTON.
Families occupying dwellings of—
Monthly rent.

1
room.

$1.00..........................................
§1.50..........................................
§1.66§.........................................
§2.00 .......................................
$2.50
...................................
$3.00 .......................................
Rent not reported.................

T otal..............................
Average annual rent...........

Rooms
2
3
4
5
6
rooms. rooms, rooms. rooms. 1rooms. not re
ported.
2 !.............
5
i
4
|
1
i j.........
3 .........
1
1
1
1 _______ !_______ 1_______
1 !.............
5
!
1
3
1
20

a Estimated.

Total Annual
fami
rent
lies.
paid.

11
4
1
6
1
2
9

$132.00
72.00
20.00
144.00
30.00
72.00
al66.00

636.00
18.71

1162

BULLETIN OF THE DEPARTMENT OF LABOR.

The workers at Whealton live in the houses of their employers, and
the families pay an average rent of $2 per month. A n estimate of
the rents, taking into consideration the different terms during which
the buildings are occupied, shows an annual rental of about $1,350.
The following table, showing the number of Litwalton families, by
size of family and annual income, is an attempt to get at the facts, and
is reasonably successful. It is quite certain that some of the Litwalton
oystermen reported incomes below their actual customary receipts, in
the opinion, at least, of some of their neighbors who were in a posi
tion to judge quite accurately. It is likely, therefore, that the report
is below the correct statement of money taken in.
On the other hand, the inveterate habit of idling after earning a
little money may make the estimate nearer the truth than would be
supposed.
The Whealton table is inserted also for the sake of
comparison.
The tables following give the number of families, by size of family
and annual income, for Litwalton and Whealton:
NUMBER OF FAMILIES, BY SIZE OF FAMILY AND ANNUAL INCOME, LITWALTON.

NUMBER OF FAMILIES, BY SIZE OF FAMILY AND ANNUAL INCOME, WHEALTON.
Families of—
Annual income.

10
Total
2
4
3
5
6
7
8
mem fami
1
9
mem mem mem mem mem mem mem mem mem bers
lies.
or
ber.
bers. bers. bers. bers. bers. bers. bers. bers.
oyer.

$50 to $75........................
$75 to $100.....................
$100 to $150...................
$150 to $200 ...................
§200 to $250 ...................
$250 to $350 ...................
$350 to $450 ...................
$450 to $600 ...................
$600 to $750 ...................
$750 t.o $800
$800 to $900 ...................
$1,000 to $1,260.............
Not reported.................

1
3

Total fam ilies..

1
1

2
1
3
2
4

1
6
3

4
5
4
2

2
1
5
5
2
1

1
2
2
1

1
1
1
1

1
2
1

3
1
3

1
3
12

1
5
3
6
19
20
10
6

NEGROES OF LITWALTON, VIRGINIA.

1163

The 3 Whealton families earning over $1,000 are economic fam
ilies, each consisting of 6 young unmarried men. The Whealton table
is made up for the shuckers, whose total annual earnings are estimated
at about $26,000. I f the 105 day laborers be included, and each con
sidered an economic family of 1 person, they would give us 15 more
families earning about $50 each, an increase of $750 to be added to the
total; 35 more families earning about $135, or an increase of $4,725; 5
families earning about $160 each, or an increase of $800; and 50 more
families earning about $260, or an increase of $13,000; a total increase
of $19,275, bringing the total earnings up to about $45,275 for the
Whealton Negroes.
Four-fifths of the Litwalton earnings, it must be remembered, are
gained during the 8 months of the oyster season, and the entire
Whealton earnings are gained in the average time of about 7 months.
In Farmville, out of 262 families, 226 made from $100 to $750 in 12
months; in Sandy Spring, of 165 families, 155 earned from $100 to
$750 in 12 months; in Litwalton, of 82 families, 65 earned from $100
to $760 in a little over 8 months; in Whealton, of 77 families, 71
earned from $100 to $1,260 in 7 months. A comparison of the per
centages for classes of earnings is of equal interest: In Farmville,
10.7 per cent of the families earned less than $100; in Sandy Spring, 5.5
per cent; in Litwalton, 15.6 per cent; in Whealton, 7.8 per cent. In
Farmville, 34.8 per cent earned between $100 and $250; in Sandy Spring,
61 per cent; in Litwalton, 62.3 per cent; in Whealton, 36.4 per cent.
In Farmville, 52.2 per cent made over $250; in Sandy Spring, 33.5
per cent; in Litwalton, 22.1 per cent; in Whealton, 55.8 per cent. If
the 105 day laborers are included, the percentages for Whealton are
not changed very materially, as follows: Earning less than $100, 11.5
per cent; earning between $100 and $250, 37.4 per cent; earning over
$250, 51.1 per cent.
In Farmville and Whealton more than half the families earned
more than $250; in Sandy Spring two-thirds and in Litwalton nearly
four-fifths of the families earned less than $250. In Farmville and
Whealton the labor of the Negroes is controlled and directed by
employers. In Sandy Spring the largest body of male laborers and
heads of families, the farm hands, is directed and largely controlled;
but in Litwalton the most important bod}^ of laborers and heads of
families, the oyster tongers, are subject to no control.
In Sandy
Spring about one-third of the families made over $250 a year; in
Litwalton, a little over one-fifth. And yet the opinion prevails among
the oyster people that the oyster tonger can make more money than
the oyster shucker; that is, that the Litwalton oystermen ought to
show a larger average income per family than the Whealton shucker.
As in the case of Sandy Spring, we must remember that the lands,
gardens, fowls, cows, and so on, of the Litwalton oysterman play an
351— No. 37— 01----- 10

1164

BULLETIN OF THE DEPARTMENT OF LABOR.

important part in providing his family with food. Doubtless,- also,
oysters and fish provided by himself constitute an important item.
The table of prices of commodities for Sandy Spring and Farmville
is reported as in the main correct for Litwalton at the time the investi
gation was made.
Sugar and lard are both higher now than reported in the table, as
they are throughout the cou nty. Butter costs in Litwalton as much
as 25 cents the year round. Corn meal is much higher in Litwalton—
from 15 to 20 cents per peck. W ood is much cheaper— from $1 to
$1.50 per cord. Coal is not used in Litwalton.
PRICES OF COMMODITIES IN LITWALTON, IN SANDY SPRING, AND IN FARMVILLE.
Unit.

Article.

Food, etc.:
Fresh pork...........
Pork steak...........
Beefsteak.............
Ham and bacon...
Chickens...............
Hens.....................
Turkeys................
Wheat flour..........
Wheat flour..........
Corn meal.............
Rice.......................
Cabbage................
Potatoes................
Green corn...........
Tomatoes..............
Peas.......................
Beans ...................
Canned goods.......
Tea........................
Coffee...................
Sugar.....................
Lard......................

Price.

Pound..
SO. 06
Pound.. SO.08 to
.10
Pound..
.08 to
.10
Pound..
.10
.08 to
E ach . . .
.124 to
.15
E ach . . .
.25
.20 to
Pound..
.07 to
.10
12-pound
.35
bag.
Barrel.. 4.00 to 4.50
Peck . . .
.12
.11 to
Pound..
.05 to
.06
H ead. . .
.06
.01 to
.60
Bushel .
.50 to
Ear........
.01
Gallon..
.05
Quart...
.05
Quart...
.05
C a n ___
.08 to
.10
Pound..
.40
Pound..
.15 to
.18
Pound..
.05 to
.06
Pound..
.07 to
.08

Article.
Food, etc.—Concluded.
Molasses...................
Butter......................
Salt............................
H errings.................
Eggs..........................
Apples......................
Apples, dried..........
Watermelons.........
Pepper ....................
M ilk..........................
Buttermilk.............
Soap..........................
Starch......................
Fuel and lighting:
Wood, u n c u t..........
Wood, c u t ...............
Coal, bituminous..
Coal, anthracite . . .
Kerosene oil...........
Clothing:
Men’s suits.............
Boys’ suits...............
Women’s dresses..

Unit.

Price.

Gallon.. . SO.25 to SO. 40
Pound..
.124 to
.25
Pound..
.01
Each . . .
.01
Dozen..
.12
JO to
Peck . . .
.05 to
.25
Pound..
.06
E ach. . .
.20
.01 to
Pound..
.15
.06
Quart...
.10
Gallon..
.05
Cake . . .
Pound..
.05
2.00
2.50
4.50
7.50
.15

Cord___
Cord___
Ton . . . .
T o n ___
Gallon..
Each . . .
Each . . .
Each . . .

7.00
2.00
3.00

to 12.00
to 5.00
to 8.00

The attempt to tabulate family budgets for Litwalton, as was done for
Farmville and Sandy Spring, seems too inconclusive to be undertaken.
Two elements enter to such an extent as to make any real approxima
tion very difficult. The amount of food obtained from the gardens,
little farms, and poultxy of the large percentage (about 60) of prop
erty owners is one element; and the amount of food taken from the
water in the shape of oysters, fish, and crabs, is the other. It is not
practicable to estimate either satisfactorily. It may be said in general
that, as of the Litwalton families 77.9 per cent earn not more than
$250 (15.6 earning less than $100, and 62.3 between $100 and $250),
the budgets for Sandy Spring, showing expenditures of from about
$100 to $200 per annum, are also a reasonable exhibit for Litwalton.
The following list of property holders does not agree with the table
of owners on page 1161. That table gave the owners and renters of
homes. Some of these owned or were buying other property. Some
owned property in common, here reported separately.
The list
includes, also, several pieces of property not owned by the present

1165

NEGROES OF LIT WALTON, VIRGINIA.

occupants.
assessors.

A number of the properties are not reported by the

ASSESSED VALUE OF PROPERTY OWNED BY NEGROES OF LITWALTON, 1900.
A s s e s s e d v a lu e .
P ro p e rty o w n e r n u m
b e r.

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

A c re s .

R e a l

P e r
s o n

ty .

a lt y .

$292

$153
345
79

T o t a l.

7 .........................................
8 .........................................
9 .........................................

113
76

150
116

200

109

309

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

(t > )

1 4 .........................................
1 5 .........................................
1 6 .........................................

20
20
16

1 7 ..........................................
1 8 .........................................
1 9 .........................................

2 2 .........................................
2 3 .........................................
2 4 .........................................
2 5 .........................................
2 6 .........................................
2 7 .........................................
2 8 .........................................
2 9 .........................................
3 0 .........................................
3 1 .........................................
3 2 .........................................
3 3 ..........................................
3 4 ..........................................

15
10
, 20
15
10
8
33
10
60
5
H i
10
5x
18
7 i
15
1

I S
(a )

16
53

(a )

(6 )
50
190
500

150

100

16
53

(& )
100

100

166
80

40
24

206
104

125

330
40
322

98
25
84

428
65
406

250
60
150

40
75

240
75
440

60
250
150

(a )
200
(&
31

189
36

307

190

(a )
383
75
153
(a )
(a )
180
(a )
150
(a )

(a )
131
60
14

(a )
31
20
36
98
10

100

600
150

330

497
(a )
514
135
167

150
500
50

(a )
31
200
36
248

1
1
!
j
'
i

500
100
50
54
38
500

100

a Not assessed.
6 Not reported.
c Not including 1 property owner, acres not re
ported.
d Not including 26 property owners, realty not
assessed.

3 5 ...................
3 6 ...................
3 7 ...................
3 8 ...................
3 9 ..................
4 0 ...................
4 1 ...................
4 2 ...................
4 3 ...................
4 1 ...................
4 5 ...................
4 6 ...................
4 7 ...................
4 8 ...................
4 9 ...................
5 0 ...................
5 1 ...................
5 2 ..........*____
5 3 ...................
5 4 ...................
5 5 ...................
5 6 ...................
5 7 ...................
5 8 ...................
5 9 ...................
6 0 ...................
6 1 ...................
6 2 ...................
6 3 ...................
6 4 ...................
65 ...................
Total..

10
1

23
12
8*
144
8‘
144
8
7
8
1
3
2
5
7
10
30
54
3

Per
son
alty.
$27
135
23
16

(a )

$27
135
23
16

$
%

>
50

(a)

10
68
131
23
145
110
99
47

$369
225
102
157

(a)

(a )

5
148
95

600
(a)
(a)
(a)
(a)

(a)
(a)

(a )
(a)

(a)

(a)
(a)
(a)

(a)
la )

(a)

(a )
(a)
(a )

(a)
(a )

12
10
40

120

C8974 d6,055

Own
er’ s
valua
tion of
Total. real
estate.

68
131
23
514
335
201
204

100
325
100

(a)

(5)

700

748

» o
>
o
,3 'r“

(a )

150

1 2 ......................................... !
1 3 .........................................

2 0 .........................................
2 1 .........................................

(a )
(a )

$500
300
400
25

833
499
75
32

Assessed value.
Propertyowner num Acres.
Real
ber.
ty.

|0‘ *

1 0 .........................................
1 1 ......................................

488
420
75

re a l
e s ta te .

$445

36
61
70
6 i
5
5
12

2 .........................................
3 .........................................

O w n
e r’s
v a lu a
t io n o f

95
(a )
(a)
(a)
(a )
(a )

(«)

(a )
(a )
(a )
(a)
%

10
160

|
1
!
1
j

100
100
50
150
150
200
250
(&)
300
300
(6)

(5)

150

3,256 /9,311 |#10,092

eNot including 16 property owners, personalty
not assessed.
/N o t including 16 property owners, total prop
erty not assessed.
<r;Not including 15 property owners not report
ing.

This table shows for Litwalton an assessed valuation of $3,256 of
personal property and of $6,055 of real estate, a total of $9,311. The
number of acres reported is 897.5, almost exactly double the number
reported for twice the number of Sandy Spring families. This real
estate is valued by its owners at $1*0,092, two-thirds more than the
assessed value, and only one-fourth the valuation given by the Sandy
Spring Negroes to their lands. It would seem that the tendency on
the part of many of the Litwalton Negroes was to undervalue their
property, just as the Sandy Spring Negroes seemed inclined to over
value their realty. Included as personal property are 40 horses,
25 cows, 12 oxen, 14 buggies. 17 road carts, 8 ox carts, 1 carry log,
40 pigs, and many chickens.
In addition to the personal property,
and most important of all, there are 47 boats, valued by their owners
at $1,328. If this valuation be what the assessor would make it, the
personal property would be increased to $4,584.

1166

BULLETIN OF THE DEPARTMENT OF LABOR.

Twenty-four Whealton families report real property valued by them
The property is in Maryland and is as follows:

A, $7,100.

ESTIMATED VALUE OF REAL ESTATE OWNED BY NEGROES OF WHEALTON, 1901.
Property-owner
number.

Valued by
owner.

1.....................................
2.....................................
3.....................................
4.....................................
5.....................................
6.....................................
7.....................................
8.....................................
9.....................................

$150
150
500
300
300
600
100
150
350

Property-owner
number.

Valued by
owner.

10.................................
11.................................
12.................................
13.................................
14.................................
15.................................
16.................................
17.................................
18.................................

$350
275
200
375
250
350
150
200
150

Property-owner
number.
19......................
20...........
21.....................
22.
23................................
24.....................
T otal...............

Valued by
owner.
$375
200
250
425
750
200
7,100

A careful analysis of the Sandy Spring property holders was made
u with a view to discovering, if practicable, whether the fact of two
or more generations of freedom has seemed to influence the Negroes
of Sandy Spring in the matter of property getting and property
keeping— the economic basis of civilization,” and the conclusion
reached was that “ not proven” seemed the soundest verdict. W ith
regard to Litwalton, it seems unnecessary to make such an analysis,
as the number of freedmen in the community prior to 1865 was small.
O f those born in Litwalton and over 36 years of age, 19 former
slaves and 4 freemen own property, and of those under 36, 14 are
property holders; of those not property holders, 9 are former slaves
and 2 are freemen over 36, while 5 are under 36. O f the property
holders born out of Litwalton, 7 are former slaves, 2 are freemen, and
3 are under 36; of those not property holders, 9 are former slaves, 1
is a freeman, and 2 are under 36; 5 are not reported. Thirty-seven
of the 49 property holders are native born and 12 are outsiders; 16 of
the 28 not owning property are natives and 12 are immigrants. O f
44 born slaves, 26 are property holders and 18 are not; of 9 born free
(and over 36 years old), 6 are property holders and 3 are not. Seven
report inherited property, 3 over 36 (2 of them freedmen’s sons) and
4 under 36. There seems nothing in these figures indicative of the
acquisition of land by those who have always been free, in comparison
with former slaves. A number *of those classed as slaves were slaveborn during the war, but they were freed while mere children and
never really knew any other than the life of the freedman.
There are said to be many trust deeds against the properties of the
Negroes for purchase money still unpaid.
G R O U P L IF E .
The group life of the Litwalton Negroes appeared to the investigator
to be particularly lacking in organization. In spite of so many of
them owning their homes and of their being able to earn the greater
part of their living within two-thirds of the year, their economic con
dition is not good. The opportunity for economic success is too great,

NEGROES OF LITWALTON, VIRGINIA.

1167

the means of obtaining it too easy, hence the lack of success. Except
in the case of a very few individuals, there seems not to be sufficient
force of character to rise above the mere provision for present needs.
W ith land at $10 an acre, homes that could have been and should have
been paid for by the work of two or three seasons, remain unpaid for
at the end of many years. These people hold and practice the faith
th a t 66Man wants but little here below, nor wants that little long.”
There is an Odd Fellows lodge among them, which owns a small hall,
formerly much used, it is said, as a place of church meeting and for
o'ther social purposes. Some meetings are still held there. So far as
could be learned, there is a complete absence in Litwalton of those
societies and beneficial orders which form so important an element of
the social life of Farmville and of Sandy Spring, and which serve a
valuable economic as well as a good social purpose. There seems to
be a decided habit of the men to herd together. This habit would
probably result naturally from the exigencies and intervals of the oysterman’s life, combined with the sociable nature of the Negro.
There is a special cause for the disorganization of a part of the social
life of the Litwalton Negroes. This cause has been in operation for
the last I years, and came partly through their church. The strong
denomination among these Negroes is the Baptist. A very few reported
themselves as not belonging to any church; none as belonging to any
other church than the Baptist.
In the same way, the Whealton
Negroes, Marylanders, are all Methodists. The Baptist church of
Litwalton was the great center of the Negro social life, as the Baptist
church is in Farmville, and as the Methodist church is in Sandy Spring.
The congregation included practically the whole of the community in
addition to about as many more from the outside. About 5 years ago
a site was selected just beyond the bounds of the neighborhood for a
large new church, and the building was begun. Just about this time
a determined and active movement against the sale of liquor was begun
in the county and in the neighborhood.
In a very short time the fight became bitter and resulted after a
sharp campaign in the adoption of local option for the county. The
occasion of the fight for local option, so far as the Litwalton Negroes
were concerned, was that the oystermen and others were in the habit
of congregating in and around the barrooms and stores where liquor
was sold, and of drinking and idling, to the great loss of their money
and character and to the disgust of the community, for frequent quar
rels and fights scandalized and annoyed the neighbors and passers-by.
The pastor of the Litwalton Negro Baptist church took this matter
into his church, where he met with ardent opposition, sides being
taken and maintained with much heat. The virulence of the cam
paign left many antagonisms and heartburnings among friends and
kinsfolk, white and black, and this bitterness had not been soothed by

1168

BULLETIN OF THE DEPAETMENT OF LABOE.

time when the investigation was made, about 1 years after the elec
tion. So bitter was the feeling that it is said to have even invaded
the jury room, and partisanship was shown by jurors for or against a
“ w et” man or a u dry ” man, as the case might be, to the perversion
of justice and equity. Upon the Litwalton Negro church the effect
was disastrous. The building itself was still unfinished, just where it
had been left 1 years before, except that it had taken on the weather
beaten air of premature decay seen on new but neglected houses. The
congregation was divided into two almost hostile camps, one of which
had practically ceased going to church, though they were talking in
a vague way of organizing another congregation. W ith the cessation
of their church-going they had given up the social life connected with
their periodic gatherings and had found nothing to put in its place.
In the meantime, according to the testimony of both whites and
blacks, local option, unsupported by public sentiment, had proved a
complete failure so far as the quantity of liquor sold was concerned,
as the following recital will show,~and a movement was on foot to have
the question resubmitted to the popular vote at the spring elections of
1901. There were said to be about 25 or 30 barrooms in the county
at the beginning of the prohibition campaign, 5 of them within the
limits of Litwalton. Two of these Litwalton barrooms, it was said,
never stopped the sale of liquor at all, and the others soon resumed it
as “ speak easies.” About 2 years after the vote 5 other u speak
easies” were in operation, just doubling the number of previous bar
rooms in the neighborhood. The same thing was true of the county,
where about 75 “ speak easies” were flourishing in the place of the 25
or 30 barrooms previously existing. The majority of these “ speak
easies” had United States liquor licenses in order to avoid trouble with
the Government authorities.
The State authorities were ignored.
During the 4 years of the existence of the law one man had been made
to pay a fine of $20 for violation of the law; one trial for a “ club
license” had resulted in acquittal; a number of indictments had been
tried before juries, which failed on one ground or another to convict;
the sale of liquor was said to be increasing all the while, and the
State was losing at least $2,500 a year in licenses on the former basis,
besides the money expended in fruitless trials. These were some of
the arguments used by those circulating the petitions for resubmission,
which petitions were being numerously signed by the Litwalton
Negroes.
A n attempt was made to ascertain the effect of this condition of
affairs upon the Negroes of the Litwalton community. The whites
who were questioned were unanimous in the opinion that the existing
law was not saving the Litwalton Negro’s money nor improving his
morals. Probably an opportunity for wider inquiry would have
brought out contradictory opinions from other whites. The Negroes

NEGROES OE LITWALTON, VIRGINIA.

1169

were divided in opinion as to some points of the controversy. They
all agreed that at least as much liquor was sold to Negroes now as had
been sold under the old system. In spite of this practical failure some
thought that the general result of the present law was better than the
former one because there was less noisy disorder and disturbance of
public peace around the barrooms than formerly, since the barkeepers
for their own sakes kept the drunken Negroes within doors and treated
them carefully to avoid the annoyance and expense of possible trial
and conviction; because the drunken Negroes were not literally kicked
out of doors and “ treated like dogs” by the barkeepers, as had for
merly been done under the old law; and because there was not as much
actual open drunkenness as formerly. Other Negroes thought that the
general effect of the present law was had, because it failed in its chief
aim; because, under it, the Negroes were being taught a wholesale dis
regard of all law by the impunity of the violation of this law; and
because they were taught the practice of public lying by the flimsy
evasions of the requirements of the law practiced by the liquor sellers
and by their own participation in these frauds. These things, they
thought, were as bad or worse than any additional amount of drunken
ness that might have existed under the former law.
They all agreed, when pressed for an answer, that this controversy
had broken up that part of their former community social life which
centered in their church.
Those who are not familiar with what his church and its social asso
ciations mean to the Negro are referred to the description of it given
in the Farmville report, (a)
There is another aspect of the matter. The habit of congregating
at the barrooms was a form of social life in itself. It was a kind of
rude club life in which the Negro men wasted the money that should
have gone to home and family. This rude club life was not stopped
by local option, but it was put under the ban of the law. How far
this was resented by the Litwalton Negroes, if resented at all, the
investigator is unable to say.
In any case, with or without such local causes as the local-option
struggle, the group life of Litwalton seemed to be of a very unorgan
ized kind. This aspect of Litwalton is probably typical of the semipredatory life of the oyster tonger, though sufficient data are not at
hand to form the basis of an authoritative opinion on the subject.
W ith regard to “ the peculiar hopefulness on the part of the people
themselves,” found by the Farmville investigator to pervade “ the
whole group life of Farmville Negroes,” the present investigator must
report that, as at Sandy Spring, he did not find such hopefulness per
vading Litwalton. Some of the younger and thrifty men of Litwalton
a See Bulletin No. 14, January, 1898, page 35.

1170

BULLETIN OF THE DEPARTMENT OF LABOR.

were hopeful and were of opinion that the Negroes of their community
were bettering their condition; a number were noncommittal on the
subject, either because they had no opinions or did not choose to
express any; and the older Negroes were emphatic in their opinion
that the younger set might be able to read and write better, and might
be worth more money than their fathers, but that in respect for the
rights of others, in manners, and in character they were distinctly
degenerates. In this opinion the whites of the community seemed to
coincide.
No attempt was made to investigate particularly the group life of
the Whealton Negroes, whose true homes are in Maryland. They are
kept closely under the eye of their employers, whose houses they
occupy, and their manner of life is not free to go its own way.

RECENT REPOETS OF STATE BUREAUS OF LABOR STATISTICS.
M A IN E .

Fourteenth Annual Report o f the Bureau o f Industrial and Labor
Statistics for the State o f Maine. 1900. Samuel W . Matthews,
Commissioner.

152 pp.

The following subjects are treated in this report: Workingmen’s
returns, 26 pages; factories, mills, and shops, 5 pages; cotton industry,
4 pages; woolen industry, 4 pages; shipbuilding, 20 pages; canning
industry, 30 pages; woodworking industry, 27pages; bleaching and dye
ing industry, 4 pages; railroads, 4 pages; factory inspection, 20 pages.
W o r k i n g m e n ’ s R e t u r n s . — Tables are given of returns received by
the bureau from 175 workingmen in the State showing their earnings,
cost of living, savings, etc. The following table shows, by occupa
tions, the income and expenditures of 135 families as ascertained from
these returns:
AVERAGE YEAR LY EARNINGS AND COST OF LIVING OF WORKING PEOPLE.

Occupations.

Carriage m akers...
Shoemakers...........
Machinists.............
Blacksmiths...........
Bleaehery employ
ees ........................
Laborers...................
Granite workers...

1900.

Average year
Average yearly expenditure for—
ly income.
Aver
Num
Aver
s
e
age
ber
size Earn Total
head age
of fam ings of family
report of
Fuel
head
ing. of fam
Rent. Food. Cloth
and Other. Total.
ily.
ing. light.
ily.
of fam earn
ings.
ily.
26
55
11
13

44
381
36
44

16
8
6

40
46
37

4.27 $660.15 $683.00 $132.55 $272.15 $101.15 $-43.23 $109.65 a $628.16
3.37 561.22 597.58 132.63 241.38 92.33 45.42 146.76,a 610.29
3. 45 393.54 602.93 113.14 231.82 87.45 36.45 184.80 a 612.54
4.77 547.38 597.38 108.00 251.77 77.31 38.46 126.85 a 560.84
l
3.56 386.56 449.06 79.63 214.87 56.56 41.06 87.12a 454.37
4.37 423.75 500.25 94.00 233.87 56.88 42.00 108.99 a 477.00
3.17 619.17 644.17 107.00 209.07 84.17 43.33 213.32 a 621.33

a This is not a correct total for the preceding items; the figures given are, however, according to
the original.

O f the 135 heads of families included in the above tabulation, 89
were American and 46 were foreign born; 47 owned their homes, 10 of
which were mortgaged; 4 belonged to labor organizations; 52 belonged
to beneficiary organizations; 49 had savings-bank accounts; 86 accu
mulated savings in former years, and 42 during the past year; 29 had a
deficit, and 64 had neither a surplus nor a deficit during the past year.
O f the remaining 40 men without families, 31 were American and 9
were foreign born; 11 belonged to labor organizations; 11 belonged to

1171

1172

BULLETIN OF THE DEPARTMENT OF LABOR.

beneficiary organizations; 27 had savings-bank accounts; 26 accumu
lated savings in former years, and 30 during the past year; 10 had
neither a surplus nor a deficit during the past year.
F a c t o r i e s , M i l l s , a n d S h o p s . — Improvements during 1900 were
reported in the case of 167 factories, mills, and shops situated in 114
towns. These improvements were in the nature of new buildings,
enlargement of existing buildings, etc. It is estimated that these
improvements cost $2,174,825 and gave employment to 5,539 persons.
C o t t o n a n d W o o l e n I n d u s t r i e s . — Returns were received from
10 cotton and 28 woolen mills. The tabulations show for each estab
lishment the amount of capital invested, cost of material used, value
of product, weeks in operation during the year, persons employed,
and wages paid. Nine of the 10 cotton mills and 19 of the 28 woolen
mills made complete returns for 1899 and 1900. The totals of these
returns for each of the two years are shown in the following" statement:
STATISTICS OF 9 COTTON AND 19 WOOLEN MILLS, 1899 AND 19C0.
Cotton mills.

Woolen mills.

Items.
1899.

1900.

Capital invested................................................................. $13,205,025 ' $14,797,710
4,751,052 | 5,573,168
Cost of material used........................................................
Total wages p a id ...............................................................
3,348,898 i 3,643,539
9,131,162 ( 10,191,965
Value of product...............................................................
Average weekly wages:
Men.................................................................................
7.46
7.82
W om en ..........................................................................
5.60 I
5.75
Children........................................................................
2.89 1
2.91

1899.

1900.

$2,077,800
1,998,227
722,555
3,158,805

$2,436,305
2,337,297
873,344
3,943,800

8.60
6.08
3.72

9.09
6.32
4.05

Average employees:
Men.................................................................................
W o m en ..........................................................................
Children........................................................................

4,681 1
5,889
517 |

4,756
5,855
621

1,337
600
24

1,440
616
18

Total.............................................. ............*..............
Average weeks in operation...........................................

11,087 i
51.2

11,232
51.7

1,961
49.1

2,074
51.1

These returns show an increase in all the items in 1900, except in
the number of women employed in the cotton mills and of children
employed in the woolen mills, where a decrease is shown.
S h i p b u i l d i n g . — Accounts are given of the operations of shipyards
in 10 different localties in Maine, and of the vessels launched in the 5
custom districts of Bath, Waldoboro, Belfast, Castine, and Machias.
During the 11 months ending November 30, 1900, vessels with a total
tonnage of 53,067 were launched in these districts, an increase of 5,979
over the preceding 12 months.
C a n n i n g I n d u s t r y . — A brief account is given of the progress of
the canning industry in the State and lists of establishments engaged
in the same. The leading articles canned and packed in the State were
corn, blueberries, sardines, clams, condensed milk, and pickles. There
were about 175 canning factories in the State, valued at $1,214,900 and
employing 15,071 persons, not including those employed in supplying
the factories. About $1,400,000 were paid in wages in 1899. The
value of the product in 1899 was $5,306,029.

REPORTS OF STATE BUREAUS OF LABOR---- MAINE.

1173

W o o d w o r k i n g I n d u s t r y . — This chapter contains lists of establish
ments engaged in woodwork for buildings and in the manufacture of
boxes, handles, etc., and brief descriptions of some of the leading man
ufacturing plants.
B l e a c h i n g a n d D y e i n g . — An account is given of a leading bleach
ing and dyeing establishment in the State.
R a i l r o a d s . — During the year ending June 30, 1900, 21 steam rail
way companies in the State gave employment to 7,240 persons, includ
ing general officers, and paid $3,693,164.54 in wages. The average
daily earnings per employee were $1.78.
The street railways in the State employed, in 1900, 941 persons who
received a total of $423,500.15 in wages. The average daily earnings
per employee were $1.52. Conductors and motormen received from
$1.43 to $1.60 per day.
The figures for both the steam and street railways show a consider
able increase in 1900 over the preceding year.

M ARYLAND.

Ninth Annual Report o f the Bureau o f Industrial Statistics o f Mary
land, 1900. Thomas A . Smith, Chief of Bureau. 166 pp.
The contents of this report may be grouped as follows: Resources
and agricultural production, 14 pages; strikes, 93 pages; arbitration,
2 pages; employment agency, 3 pages; sweat shops, 6 pages; the can
ning industry, 4 pages; handling Maryland crops, 2 pages; statistics
of Baltimore, 12 pages; new incorporations, 20 pages; immigration
into Maryland, 3 pages.
S t r i k e s . — Summary tables and detailed accounts are given of the
strikes occurring during the year 1900.
There were 34 strikes
reported, involving 10,039 persons who either went on strike or were
locked out.
The establishments in which these strikes occurred
employed 26,415 persons, of whom 590 females and 10,432 males,
including strikers, were thrown out of employment. The wage loss
was estimated at $1,047,841, and the loss to the employers at $342,095.
O f the 34 strikes, 13 were ordered by organizations of the workingpeople, and 21 were undertaken without organization. O f the former
9 were successful or partly successful, and 4 were unsuccessful; of the
latter 5 were successful or partly successful, and 16 were unsuccess
ful. O f the 34 strikes, 8 succeeded, 6 succeeded partly, and 20 failed.
A r b i t r a t i o n . — This chapter consists of a brief discussion of the
general conference of the National Civic Federation on the question
of arbitration.
E m p l o y m e n t A g e n c y . — Since August 21,1900, the bureau has been
conducting an experimental employment agency. Up to December 31,
1900, 124 applications for work and 55 applications for help had been
filed. O f the former 117 were males and 7 were females. O f the

1174

BULLETIN OF THE DEPARTMENT OF LABOR.

applications for help 30 were for males and 25 for females. Forty-six
applications for help were referred to employers.
S w e a t S h o p s .— Statistics are given of an investigation made in
1899 and 1900 by the city health department of Baltimore of 108
places regarded as sweat shops. O f these 74 were found to be
insanitary.
T h e C a n n i n g I n d u s t r y . — Keturns from 65 canning establishments
showed the employment of a total of 1,781 men, 3,331 women,and 636
children. These were employed an average of 42 days during the
canning season of 1900. Their earnings averaged about $1.50 for
each working day for men, $0.87i for women, and $0.45 for chil
dren. The total wages paid in the 65 establishments amounted to
$242,993. Statistics are also given showing the expenditure for raw
material, the quantity and kind of fruit and vegetables canned, etc.
H a n d l i n g o f M a r y l a n d C r o p s . — A table is given showing the esti
mated quantity of grain, vegetables, and fruits raised in the State that
was handled by the various transportation companies.
S t a t i s t i c s o f B a l t i m o r e . — A chapter on municipal government
gives an analysis of the statistics of cities contained in the Bulletin of
the U. S. Department of Labor for September, 1900, so far as they
relate to Baltimore, and makes comparison between Baltimore and the
cities of Boston and St. Louis. Other chapters show expenditures for
the various municipal departments, etc., of Baltimore and brief digests
of the various department reports.
N e w I n c o r p o r a t i o n s . — A list is given of the new incorporations in
the counties of the State from January, 1899, to November, 1900, and
from December, 1899, to December, 1900, in Baltimore City. This
supplements the lists published in previous reports.
M IC H IG A N .

Eighteenth Annual Report o f the Bureau o f Labor and Industrial
/Statistics. 1901. Joseph L. Cox, Commissioner, vii, 264 pp.
The present report treats of the following subjects: Penal and
reformatory institutions, 5 pages; statistics of counties, cities, and
villages, 125 pages; prison statistics, 2 pages;'real estate statistics, 8
pages; commercial and hotel statistics, 18 pages; agricultural imple
ments, 7 pages; manufacture of stoves and furnaces, 8 pages; bitumi
nous coal mines, 14 pages; labor canvass, 28 pages; suicides, 15 pages;
boiler explosions, 2 pages; strikes in.Michigan, 3 pages; industrial
statistics, 7 pages; papers on factory inspection, 12 pages.
S t a t i s t i c s o f C o u n t i e s , C i t i e s , a n d V i l l a g e s . — These include
population, number and value of public buildings and improvements,
wages paid for labor, number and wages of men in fire and police
departments, prison statistics, etc.
M

anufacture

g r ic u l t u r a l

I m p l e m e n t s .— A

can vass

w as

m a d e o f 1,760 e m p lo y e e s in 41 e s t a b lis h m e n t s e n g a g e d in t h is in d u s t r y

1175

REPORTS OF STATE BUEEAUS OF LABOE---- MICHIGAN.

located in 30 different towns. Of these 1,597 worked by the day and
163 did piecework. Their daily pay rolls amounted to $2,984.78, or
$1,691 per employee canvassed. O f the 1,760 employees 1,752, or all
but 8, reported having steady employment; 852 were able to save
from their earnings, and 611 owned their homes, 383 reporting the
homes free from encumbrances; 627 rented their homes, paying an
average of $6.65 per month; 522 paid board at an average rate of
$3.10 per week.
M a n u f a c t u r e o f S t o v e s a n d F u r n a c e s . — Twenty-one establish
ments canvassed reported an aggregate capital of $3,378,632. The
value of their total output in 1899 was $6,308,917. They employed
4,224 persons, exclusive of office men, and paid $8,214 per day for
labor, or an average of $1,941 per employee; 142 office clerks received
an average of $2.48 per day.
A canvass was made of 1,663 persons employed in 20 of these
establishments located in 11 different towns. O f these 749 were paid
by the day and 914 by the piece; 1,659 had steady employment; 677
were able to save from their earnings; 505 owned their homes, in 260
cases free from encumbrances; 582 rented their homes at an average
monthly rental of $7.25; 576 paid board at an average rate of $3.60
per week. Their aggregate daily pay amounted to $3,718.77, or $2.24
per employee canvassed.
C o a l M i n e s . — On December 1, 1900, 31 mines were in operation in
the State. They gave employment to 1,638 persons, who worked an
average of 7.7 hours per day. Their daily aggregate wages amounted
to $3,832.92, or $2.34 per person. The total output was 843,476 tons,
costing $1,164,000, or $1.38 per ton. A canvass was made of 1,311
employees of 25 mines, in September, 1900. O f these, 322 were paid
by the day and 989 were paid by the ton. Their average hours of
labor per day were 8.1, and their average daily wages $1.91. These
figures differ somewhat from those above, which were obtained from
the mine authorities. O f the 1,311 employees canvassed, 444 were
able to save from their earnings. The following table shows the aver
age daily wages of mine employees as obtained through the labor can
vass, classified according to 18 different occupations:
AVERAGE WAGES PER DAY OF COAL MINE EMPLOYEES, SEPTEMBER, 1900.

Occupations.

Superintendents .....................

Mine bosses....... .....................

Machine runners......................
Blacksmiths................................

C arpenters....... .......................
Tim berm e n .............................

Tracklayers................................
Pumpmen...................................
ringers
Drivers.........................................

Number.

3
13
26
10
3
27
26
2
20
102

Average
wages
per day.
82.72
2.67
2.66
2.40
2.25
2.24
2.21
2.19
2.10
2.10 |

Occupations.

Engineers...................................
Trimmers...................................
Dumpers.....................................
Weighmen.................................
Helpers ...................................
Miners .....................................
Firem en.....................................
Laborers.....................................
A verage..........................

Number.

10
15
3
5
18
990
9
29

Average
wages
per day.
82.09
2.05
2.00
1.94
1.88
1.84

1.71

1.55

1.91

1176

BULLETIN OF THE DEPARTMENT OF LABOR,

L a b o r C a n v a s s . — A special canvass was made of 4,800 male and
1,503 female wage earners in different parts of the State. The inquiries
related to wages, nativity, social condition, number of dependents,
occupation, length of service, hours of labor, months employed dur
ing the year, etc. The tabulation following shows for male and female
employees, respectively, for selected occupations, the average daily
wages, hours of labor per day, number of months employed during
1900, and the average number of years engaged in present occupation:
WAGES, HOURS OF LABOR, ETC., OF MALE AND FEMALE EMPLOYEES, BY SELECTED
OCCUPATIONS, 1900.

Occupations.

Average Average
months years at
em
present
ployed
occupa
during
tion.
1900.

Average
Number.
daily
wages.

Average
hours
worked
per day.

19
106
24
108
86
79
155
56
94
26
17
118
16
26
474
270
84
27
140
138
21
273
39
51
42
238
66
17
31
251
93

$1.56
2.01
2.31
2.11
1.55
1.71
1.85
1.82
1.96
1.42
L 49
1.85
1.42
1.56
1.27
2.12
2.81
1.72
2.02
1.38
2.10
1.83
1.57
1.69
1.64
1.73
2.02
1.45
1.84
1.56
1.44

13.0
9.9
10.0
9.8
11.1
10.0
10.0
10.0
8.0
10.0
10.0
10.2
10.4
10.0
9.9
9.9
10.0
10.2
9.9
9.9
9.9
9.0
11.0
10.0
10.0
11.8
9.9
10.3
9.9
9.9
10.0

12.0
11.6
11.7
11.9
11.2
11.5
10.1
13.8
10.5
9.8
11.3
11.5
11.8
11.7
10.8
11.4
7.1
11.8
10.5
10.9
11.5
11.4
11.8
11.8
12.0
11.7
10.9
11.8
11.2
11.1
11.5

11.1
18.4
11.7
7.6
10.0
12.5
18.0
12.0
13.0
22.7
4.6
14.6
5.5
17.0
4.5
13.3
16.0
16.0
11.1
19.0
12.3
14.0
8.3
6.5
3.8
9.9
8.4
5.7
15.2
10.0
9.6

15
61
46
35
11
117
18
68
181
18
36
17
17
62
49
113
48
61
25
28
5

1.12
.54
.77
1.36
.70
.71
.88
.80
.90
.99
.93
1.07
1.09
.81
.87
.96
.57
1.23
.85
.95
.61

10.0
10.0
9.9
9.4
10.0
8.7
9.7
9.9
10.0
9.0
9.9
10.0
9.4
10.0
10.0
10.0
10.0
9.0
10.5
9.8
11.0

9.2
8.7
12.0
11.1
12.0
10.3
11.7
11.6
12.0
10.0
11.6
10.0
11.2
12.0
12.0
12.0
12.0
11.8
11.6
9.0
12.0

3.6
L6
2.3
4.3
3.0
2.1
4.9
2.8
2.8
3.0
5.2
4.0
3.7
3.7
2.7
2.6
1.8
3.9
2.7
6.2
2.0

MALES.

Barbers............... ............................................... ..................
Blacksmiths........................................................................
Boiler makers....................................................................
Bookkeepers......................................................................
Butchers and packers......................................................
Cabinetmakers..................................................................
Carpenters..........................................................................
Carriage and wagon m akers.........................................
Cigar makers......................................................................
Coopers.................................................................................
Core makers........................................................................
Engineers............................................................................
Firemen...............................................................................
Harness m akers................................................................
Laborers...............................................................................
Machinists...........................................................................
Masons.................................................................................
M illers......................................................; .........................
M olders...............................................................................
Painters...............................................................................
Pattern m ak ers.................................................................
Printers and bookbinders..............................................
Railroad employees.........................................................
Shipping clerks.................................................................
Shoe factory employees..................................................
Store clerks and salesmen..............................................
Tailors and cutters...........................................................
Teamsters............................................................................
Tinners.................................................................................
Woodworkers, h and.........................................................
Woodworkers, m achine..................................................
FEMALES.

Basket workers..................................................................
Bean packers......................................................................
Bookbinders.............................................*........................
Bookkeepers........................................................................
Casket trimmers................................................................
Cigar factory employees..................................................
Compositors........................................................................
Condensed milk factory employees..............................
Corset factory employees................................................
Fur coat factory employees..........................................
Laundry employees................................................ .........
Milliners and dressmakers............................................
Office clerks........................................................................
Pants factory employees..................................................
Paper m ill employees......................................................
Shirt factory employees..................................................
Shoe factory employees..................................................
Stenographers....................................................................
Store clerks..........................................................................
Tailoring shop employees..............................................
Telephone operators.........................................................

The returns for all of the 4,800 male wage earners canvassed in 34
cities and villages showed the following average results: Daily wages,

REPORTS OF STATE BUREAUS OF LABOR---- MICHIGAN.

1177

$1.67; hours of labor per day, 10.1; months employed during the
year, 11.3; years engaged at present occupation, 9.6; age, 31.8. Fiftyeight per cent were married. The 4,800 employees had 12,474 persons
to support, including the persons canvassed, or 2.6 each. Twentysix per cent owned their homes. Those who rented homes paid an
average monthly rental of $7.02. Sixty per cent of the persons can
vassed reported that they were able to save something from their
earnings.
Returns for the 1,503 female employees canvassed in 22 cities and
villages showed the following average results: Daity wages, $0.87;
hours of labor per day, 10.2; months employed during the year, 11.5;
years engaged at present occupation, 3.2; age, 23.9. Eleven per cent
were married, 82 per cent were single, and 7 per cent were widowed.
Seven per cent owned their homes.
S t r i k e s . — A brief synopsis is given of each strike which occurred
in the State during the year, the strikes being arranged in chrono
logical order.
I n d u s t r i a l S t a t i s t i c s . — This chapter contains a brief record of
important events of the year relating to the industries of the State,
arranged in chronological order.
NORTH D A K O T A .

Sixth Biennial Report o f the Commissioner o f Agriculture and Labor
o f North Dakota, for the term ending June 30, 1900. Henry U.
Thomas, Commissioner.

80 pp.

This report, like those for preceding years, is devoted mainly to
statistics of agriculture. The subjects treated may be grouped as fol
lows: Statistics of agriculture, 42 pages; live stock, 5 pages; vital
statistics, 2 pages; wool market and wool production, 3 pages; farm
labor statistics, 1 page; flouring mills, 2 pages; coal mines, 1 page;
report on the dairy industry, 10 pages.
F a r m L a b o r S t a t i s t i c s . — A table is given showing for each county
the number of male and female employees reported in 1900, their aver
age monthly wages, and the total wages paid. The lowest average
monthly wages, including board and lodging, reported in any county
was $10.18 (an average for 94 persons) for males, and $6.50 (an average
for 54 persons) for females; the highest average was $30 (an average
for 300 persons) for males, and $18 (an average for 5 persons) for
females. The average monthty wages, including board and lodging,
of 14,041 male farm laborers was $20.41, and the average monthly
wages of 2,'253 female farm laborers was $11.43, including board and
lodging.
F l o u r i n g M i l l s . — A list is given of the names and location, and in
some cases the capacity, of 65 flouring mills in the State.

1178

BULLETIN OF THE DEPABTMENT OF LABOB.

C o a l M i n e s . — Tables are given showing statistics of coal-mine labor
for 5 counties in 1898 and 6 counties in 1899. In 1898 returns from
19 mines showed a total employment of 220 persons, receiving $62,727
in wages and producing 75,410 tons of coal. In 1899, 25 mines reported
a total of 107 employees, receiving $49,518 in wages and producing
78,040 tons of coal.
T h e D a i s y I n d u s t k y . — Returns from licensed dairymen in 1900
showed that it required 650 cows to supply milk to 1,950 private fam
ilies, 40 hotels, 30 restaurants and lunch rooms, 30 boarding houses,
and 20 soda fountains. The average monthly consumption was 25,000
gallons of milk, 50 gallons of cream, and 1,900 gallons of skimmed
milk.
Six cheese factories were in operation six months of the year. They
produced 177,780 pounds of cheese out of 1,768,978 pounds of milk
from 910 cows, supplied by 111 patrons.
On October 31,1900, there were 15 creameries in operation. Eight
of these reported receiving a total of 13,605,216 pounds of milk from
5,575 cows, supplied by 535 patrons. Out of this milk 581,598 pounds
of butter were manufactured. The creameries were not all in opera
tion during the entire year.

FIFTEENTH ANNUAL REPORT OF THE BOARD OF ARBITRATION
AND CONCILIATION OF MASSACHUSETTS.

Fifteenth Annual Report o f the State Board o f Arbitration and Con
ciliation o f Massachusetts, for the year ending December 31, 1900.
224 pp.
The present report contains an introductory review of the work of
the board during the year and a detailed account of each of 54 cases
in which the board mediated. An appendix contains reproductions of
conciliation and arbitration laws in different States.
O f the 54 cases of which the board took cognizance, 40 were strikes,
4 were lockouts, and 10 were friendly controversies. Official action
was taken in 6 cases on the joint petition of the parties, in 14 cases on
notice from one of the parties, and in 34 cases on the board’s own
motion. Twenty strikes, 3 lockouts, and 6 friendly controversies were
amicably settled; in 9 cases the workmen returned to work on the
employers’ terms, and in 11 cases they were permanently dismissed;
the 5 remaining cases were pending at the close of the year. These
54 controversies involved persons whose aggregate yearly earnings
were estimated at $2,948,588. The expense of maintaining the State
board of arbitration and conciliation for the year was $8,456.

RECENT FOREIGN STATISTICAL PUBLICATIONS.
DENM ARK.

Striker og Lockouts i Danmark 1897-1899.

Statistiske Meddelelsei,
fjerde Raekke, ottende Bind, fjerde Haefte.
Udgivet af Statens
Statistiske Bureau. M l pp.

This report contains the results of an investigation of strikes and
lockouts in Denmark during the years 1897,1898, and 1899, undertaken
in compliance with a law passed December 16, 1895, which directed
the collection of statistics of strikes and lockouts beginning with
January 1, 1897. The information was published annually, in brief
form for the years mentioned, in the statistical yearbooks of Denmark.
The investigation covered all disputes resulting in a suspension of
work, whether brought on at the instance of employees, as strikes, or
of employers, as in the case of lockouts. The information was
obtained from the employers and employees concerned by means of
schedules of inquiry.
The present report comprises an anatysis and summaries of the
strikes and lockouts, copies of the schedules of inquiry, and details of
each individual strike and lockout occurring in 1897, 1898, and 1899.
The principal facts shown are the number, time, duration, causes, and
results of strikes and lockouts, the number and location of establish
ments involved, the number and occupations of persons affected, wage
loss, assistance received, and cases of arbitration. The strikes and
lockouts are usually considered together in the tabulations.
In 1897 there were 77 strikes, 11 lockouts, and 23 disputes, some of
which partook of the nature of both strikes and lockouts, and others
were indefinite as to their character. O f the 111 disputes 68 involved
846 establishments, 3,591 strikers, and 3,559 persons locked out.
Thirty-six disputes resulted in an aggregate loss of 190,439 working
days and 659,742 kroner ($176,811) in wages. In 39 disputes assistance
amounting to 337,774 kroner ($90,523) was received from labor organ
izations, in 13 disputes no such assistance was received, and in 59 cases
this information was not reported.

351—No. 37—01-----11

1179

1180

BULLETIN OE THE DEPARTMENT OF LABOR.

In 1898 there were 136 strikes, 5 lockouts, and 6 disputes which
were mixed or indefinite. O f these 147 disputes, 121 involved 1,415
establishments, 5,931 strikers, and 856 persons locked out. One hun
dred and seven disputes resulted in an aggregate loss of 92,433 work
ing days and 308,863 kroner ($82,775) in wages. In 62 disputes assist
ance amounting to 160,917 kroner ($43,126) was received from labor
organizations; in 37 disputes no such assistance was received, and in
48 cases this information was not reported.
In 1899 there were 81 strikes, 3 lockouts, and 14 disputes which
were mixed or indefinite. O f these 98 disputes, 86 involved 5,051
establishments, 6,366 strikers, and 29,730 persons locked out. Fiftyseven disputes resulted in an aggregate loss of 2,783,111 working days
and in a total wage loss of 12,063,748 kroner ($3,233,085). In 46 dis
putes assistance amounting to 2,886,955 kroner ($773,704) was received
from labor organizations; in 13 disputes no such assistance was
received, and in 39 cases this information was not reported.
The following table shows the number of disputes, establishments
and persons involved, time and wage loss, and assistance rendered by
labor organizations for each year and for the three years combined:
STATISTICS OF STRIKES AND LOCKOUTS, 1897 TO 1899.

Establishments
involved, strikers, and
persons locked out.

Year.

M ix
L o c ^ ed or Total
Str’ks outs. indef dis Dis
Es- I
inite. putes. putes tab- Strikre lish-1 ers.
port m’ ntsj
ing.

1897...........
1898...........
1899...........

77
136
81

11
5
3

Total.

294

23
6
14'
4Si

Time and wage loss.

Per Dis
sons putes
lock re Days lost.
ed port
out. ing.

Wage
loss.

Assistance
from labor
organiza
tions.
Dis
putes
re
port
ing.

Amt.

Ill
147
98

' ■ !
846! 3,591 3,559
68
121 1,415. 5,931
856
86 5,051; 6,366 29,730

36
190,439 $176,811
92,433
107
82,775
57 2,783,111 3,233,085

39 $90,523
62 43,126
46 773,704

356

275 7,31215,888 34,145
!

200 3,065,983 3,492,671

147 907,353

The large number of persons locked out in 1897 and 1899 is due to
two general lockouts in 1897 affecting 1,100 and 1,640 employees,
respectively, and a general lockout in 1899 affecting 29,611 persons.
The two following tables show the number of disputes, establish
ments affected, strikers, and persons locked out, by occupations, for
each of the years, 1897, 1898, and 1899:

1181

FOREIGN STATISTICAL PUBLICATIONS— DENMARK.

STRIKES AND LOCKOUTS, BY OCCUPATIONS, 1897 TO 1899.
1898.

1897.
Occupations.

Mixed
or in Total Strikes. Lock
dis
Strikes. Lock
outs.
outs. defi putes
nite.
1

Bakers and conButchers...............
Cigar and tobac
co workers........
Textile workers..
Rope makers........
Tailors...................
Shoe, slipper, and
sabot m akers...
Barbers and hair
dressers .............
Masons and help-

1
1

1899.

Mixed Total
Lock
or in
Strikes.
defi dis
outs.
nite. putes

2
1

1
1

3
2

4
1

4
5

1
1
1

1
1

5
6
1
18
1

2
1

16
1

11
2

5
1

1
1

4
2

Joiners and cabi8
Wood carvers. . . .
Gilders...................
Glaziers...............
Painters...............
Saddle and har
ness makers___
Stucco workers ..
Sawmill hands...
Coopers.................
Turners.................
Brush makers.. . .
Wagon m akers...
Tanners.................
Stone cutters and
polishers...........
Glass workers___
Metal workers__
Tinsmiths.............
Blacksmiths and
machinists........
Molders.................
Electrical work
ers ......................
Dyers.....................
Bookbinders........
Printers.................
Sailors...................
Firemen...............
Excavators, con
crete workers,
and gardeners .
Factory workers.
Unskilled labor
ers ......................
Agricultural la
borers.................
Several occupa
tions in same
dispute...............
Total...........

1
3
.........

1
2

Mixed
Total
or in dis
defi
putes
nite.

1
1

5
1

1
1
1
1
5

1
2

8
2

2 1
5 I

1
1

3
1 L
1 !
1
5 i

3
.....
3
5
2

2
1

1
1

4
5
2

6
4

1
1
1

1
1
5

1
2

2
1
2

3
2 ......... 2

1
1

2
4

3
2

2
4

7
3

8
3

7
2
1
1
1
1
1
5

8
10

6
11

2
2

1
1

1
1
1
3

1 #
1
1
3

2
3

6
9

8
10

1
1
2
4
4

111

136

147

i
3

10
2
1
1
1
2
1
5
8

13
10

1182

BULLETIN OF THE DEPARTMENT OF LABOR,

ESTABLISHMENTS, STRIKERS, AND PERSONS LOOKED OUT, BY OCCUPATIONS, 1S97 TO 1899.
1897.
Occupations.

M illers......................
Bakers and confectioners...................
Cigar and tobacco
w orkers.................
Textile workers___
Rope m akers...........
T ailors......................
Glove m akers.........
Shoe, slipper, and
sabot makers........
Barbers and hair
dressers.................
Masons and helpers.
Carpenters .. ..* .___
Joiners and cabinetmakers...................
Wood carvers...........
Gilders......................
Glaziers.....................
Painters.....................
Saddle and har
ness m akers.........
Stucco workers........
Sawmill hands........
Coopers......................
Turners....................

Brush m akers.........

Wagon makers
Tanners.....................
Stone cutters and
polishers...............
Glass workers..........
Metal workers.........

1898.

1
3

19
72

200

325

1,200

100

8
1

89
3

70
25

1
1
1
1
1

4
8
2
1
1

29
49
22

Mulders A__...____

Electrical workers
Dyers..........................

B ookbinders..........
Printers...................
Firemen.....................
Excavators,
con
crete
workers,
and gardeners.. . .
Factory workers . . .
Unskilled laborers..
Agricultural labor
ers .........................
Several occupations
in same dispute ..
T otal...............

2
1

23
2

1,366

159

1,018

1
1

5
1

7
8

36
37
19

232

4
6
1
14
1

4
6
2
20
30

188
331
2
70
168

31
3
18

135

1
2
1

30
202
1

34
1,035
2

3
2

24
23

77
20

1
1

5
400

5
1,152

3
5
2

3
5
15

170

50
23

25
217

1
2
1

2
393

112
58

1
2

2
10

18
6

720

1
2

6
3

10
33

224

1
1

1
6

11
6

3
2

62
90

256

8
1
1
1
1
2
4

11
1
11
1
1
5
4

190
8
90
59
4
34
32

Tinsmiths...............

Blacksmiths
and
machinists...........

1899.

Per Dis
Dis
Per Dis
Per
putes Estab Strik sons putes Estab Strik sons putes Estab Strik sons
lish
dock
re
re
lish
lock
lish
lock
re
ers.
port ments.
ed port ments. ers.
ed port ments. ers.
ed
ing.
out. ing.
out. ing.
out.

1 .
1

125 2,802

1
1

19
5

4
7
5

4
13
25

485
171
829

340
18

7
9
11

33
12
92

283
510
836

846

3,591 3,559

121

1,415

5,931

856

8
2
1
1
1
1
' 5

11
2
12
1
100
1
5

260
60
80
7
502
3
15

6
13
10

20
13
81

181
410
1,397

18
7

4,500

398 29,1511

5,051

6,366 20,730

1183

FOREIGN STATISTICAL PUBLICATIONS---- DENMARK.

The difference in the total disputes shown in the two tables is
accounted for by the fact that only a portion of the returns received
show the number of establishments and persons involved.
During the three-year period from 1897 to 1899 disputes were most
numerous among the tailors, factory workers, and unskilled laborers.
The causes and results of strikes and lockouts are shown in the
following table:
STRIKES AND LOCKOUTS, BY CAUSES AND RESULTS, 1897 TO 1899.
Causes.
Year. "

Results.

Total
strikes
and
lock Wages.
outs.

Hours
of la
bor.

Work
ing
rules.

Per
sonal
dis
putes.

In fa In fa
Trade Other vor of vor of Com Indefi
nite
union and un em
em
pro
or un
ism. known. ploy
ploy mised. settled.
ers.
ees.

1897.............
1898.............
1899.............

Ill
147
98

62
114
65

3
1

15
10
9

7
6
8'

4
3
3

23
11
12

17
28
18

37
62
29

19
39
26

38
18
25

T otal___

356

241

1 21

128

O f the 356 strikes and lockouts reported for the three-year period,
211, or 67.70 per cent, were due to wage disputes; 34, or 9.55 per
cent, to working rules and regulations; 21, or 5.90 per cent, to per
sonal disputes; 10, or 2.81 per cent, to questions of trade unionism;
4, or 1.12 per cent, to hours of labor; and 46, or 12.92 per cent, were
due to other and to unknown causes. O f the total number of strikes,
63, or 17.70 per cent, resulted in favor of the empk^ers; 128, or 35.95
per cent, in favor of the working people; 84, or 23.60 per cent, were
compromised, and 81, or 22.75 per cent, were indefinite or unsettled.
Fourteen cases were settled by arbitration.
The following table shows, by &&ys of duration, the number of strikes
and lockouts and the aggregate working days lost:
STRIKES AND LOCKOUTS AND WORKING DAYS LOST, BY DURATION OF DISPUTES, 1897
TO 1899.
Strikes and lockouts, the results of
which were—
Days of duration.

In favor
of em
ployers.

Working days lost.
Total
strikes
In favor
Indefinite and lock Disputes
or un
outs.
of em Compro
report Number.
mised.
ployees.
settled.
ing.

7 or under.....................................
8 to 3 0 ............................................
31 to 9 1 ...........................................
92 to 182.........................................
Over 182.........................................
Unknown .....................................

21
12
5
2
3
20

54
45
19
6
1
3

21
32
18
9
3
1

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

128

5
6
1
3
66

101
95
43
20
7
90

76
67
30
14
3
14

13,933
68,957
123,947
2,883,630
36,145
8,832

356

204

3,135,444

1184

BULLETIN OF THE DEPARTMENT OF LABOR.

The strikes and lockouts were mostly of short duration. O f 266
disputes from 1897 to 1899, the duration of which was known, 101
lasted less than 7 days, 95 lasted from 8 to 80 days, 43 from 31 to 91
days, 20 from 92 to 182 days, and 7 lasted over 182 days.
The table following shows, for each year and for the whole period,
the number of strikes and lockouts, grouped according to the number
of persons involved:
STRIKES AND LOCKOUTS, BY NUMBER OF PERSONS INVOLVED, 1897 TO 1899.
1898.

1897.
Working people
involved.

Total.

1899.

Strikes
Strikes Persons
Strikes
Strikes Persons
Persons
Persons
and
and
and
and
involved. lockouts.
involved.
involved.
lockouts.
lockouts.
lockouts. involved.

1 to 5 ..........................
6 to 2 5 ........................
26 to 5 0 ......................
51 to 100....................
Over 100....................

9
31
7
11
11

36
409
277
764
5,744

37
48
18
10
12

114
721
620
669
4,809

19
39
12
6
13

54
525
470
462
36,514

65
118
37
27
36

204
1,655
1,367
1,895
47,067

T otal...............
Not reported...........

69
42

7,230

125
22

6,933

89
9

38,025

283
73

52,188

O f the 283 disputes for which persons involved were reported, 183,
or 64.66 per cent, involved 25 persons or less each, and but 36 involved
over 100 persons each.
G R E A T B R IT A IN .

Twelfth Report on Trade Unions in Great Britain and Ireland, 1899.
Ixxvi, 316 pp. (Published by the Labor Department of the British
Board of Trade.)
The present report covers ground similar to that of the report for
the preceding year. The information concerning trade unions is pre
sented in the form of detail tables showing the returns for the years
1892 to 1899 for each trade union, arranged according to industries, a
series of summary tables, and an analysis. In the body of the report
only those trade unions are considered which furnished returns for all
the eight years. The remaining ones, which were comparatively few,
are separately shown in the appendix.
The number of unions for which comparative statistics of member
ship are given for the period 1892 to 1899 is 1,685. Some of these
were not in existence during the whole of the period, and the number
on the list at the end of 1899 was 1,292, as compared with 1,218 at the
end of 1892. The membership of all the unions at the end of 1899
was 1,802,518, as compared with 1,503,232 at the end of 1892, an
increase of 20 per cent in eight years. The total number of trade
unions decreased during 1899 from 1,310 to 1,292, the decline of 18
being due to the amalgamation of smaller unions with larger bodies.
Thirty unions were formed and 30 were dissolved during the year.

FOREIGN STATISTICAL PUBLICATIONS---- GREAT BRITAIN.

1185

The total membership of trade unions rose from 1,619,281 in 1898 to
1,802,518 in 1899, a‘n increase of 9 per cent, the greatest proportionate
increase in any of the eight years. W ith the exception of the unions
in the clothing trades, there was an increase in the membership of
every trade group of unions. The largest increase of membership
during the year was in unions in the mining and quarrying industries—
from 353,699 to 121,783, or 20 per cent.
A t the end of 1899,139 unions included females in their membership,
the number being 120,118, or 6.7 per cent of the total trade union
membership. Only 28 unions, with a membership of 8,285, were
composed exclusively of women. O f the female trade unionists 90.6
per cent were engaged in the textile industries.
The following tables show the number and membership of trade
unions, by groups of industries, for the eight years 1892 to 1899:
NUMBER OF TRADE UNIONS, BY GROUPS OF INDUSTRIES, 1892 TO 1899.
[In this tabulation only those trade unions are considered which furnished returns for all of the eight
years included in this period.]

Year.

1892....
1893....
1894....
1895....
1896....
1897....
1898....
1899....

Build
ing.

96
99
123
125
133
142
136
136

Metal,
engi
Mining neering,
and
and
Textile.
quarry
ship
ing.
build
ing.
73
79
80
81
80
67
62
60

298
292
286
284
289
283
278
272

218
223
234
244
245
250
245
242

Cloth
ing.

Trans
porta
tion
(land
and
sea).

44
47
45
49
53
50
48
47

61
64
66
67
64
66
66
68

Wood
Print working
Miscel
ing, pa and fur laneous.
per, etc. nishing.

52
56
56
55
57
56
54
53

109
114
115
118
118
122
121
123

Total.

267
295
306
306
302
303
300
291

1,218
1,269
1,311
1,329
1,341
1,339
1,310
1,292

MEMBERSHIP OF TRADE UNIONS, BY GROUPS OF INDUSTRIES, 1892 TO 1899.
[In this tabulation only those trade unions are considered which furnished returns for all of the eight
years included in this period.]

Year.

1892..
1893..
1894..
1895..
1896..
1897..
1898..
1899..

Build
ing.

Metal,
engi
Mining neering,
and
and
Textile.
quarry
ship
ing.
build
ing.

Cloth
ing.

Trans
porta
tion
(land
and
sea).

158,492
..
173,350
..
..
179,156
..
179,719
193,838
..
216,118
..
233,358
..
251,065
..

315.180
318,014
307.181
279,972
279,881
282,961
353,699
424,783

204,242
205,617
215,386
218,837
218,389
217,933
213,962
220,098

83,299
80,768
81,786
78,560
76,997
75,840
70,581
68,309

154,837
141,971
123,776
120,352
134,843
183,873
148,000
163,283

278,731
265,860
263,474
268,406
302,907
318,556
308,374
331,245

Wood
Print working Miscel
ing, pa and
fur laneous.
per, etc. nishing.

45,291
46,725
47,797
49,060
51,051
52,664
54,074
56,471

31,856
31,940
30,745
31,946
36,744
38,879
37,924
39,352

231,304
216,025
190,003
182,298
202,110
228,169
229,259
247,912

Total.

1,503,232
1,480,270
1,439,304
1,409,150
1,496,760
1,614,993
1,649,231
1,802,518

The largest membership in 1899,424,783, was reported by the group
of mining and quarrying. Next in order were the groups of metal,
engineering, and shipbuilding, with 331,245, the building trades with
251,065, and the textile trades with 220,098 members.

1186

BULLETIN OF THE DEPARTMENT OF LABOR-

The financial operations and benefit features of trade unions are
shown for only 100 of the principal organizations. These in 1899
comprised 1,117,465 members, or 62 per cent of the total trade-union
membership reported. The following statement shows the financial
operations of the 100 principal trade unions for the eight years 1892
to 1899:
FINANCIAL OPERATIONS OF 300 PRINCIPAL TRADE UNIONS, 1892 to 1899.

Year.

Members
at end of
year.

Income.
Amount.

1892.........................................
905,116 $7,189,402
1893.........................................
909,536 7,906,267
1894.........................................
924,163 7,956,338
1895.........................................
915,063 7,592,047
1896.........................................
962,138 8,154,157
1897......................................... 3,064,493 9,645,335
1898......................................... 1,043,183 9,330,390
1899......................................... 1,117,465 9,071,185

Expenditures.

Per
member.

Funds at end of year.

Per
Amount. member.

$7.94 $6,988,756
8.69 9,062,980
8.61 6,995,613
8.30 6,771,988
8.48 6,012,006
9.06 9,234,846
8.94 7,256,535
8.12 6,226,716

$7.72
9.96
7.57
7.40
6.25
8.68
6.96
5.57

Amount.
$7,881,306
6,724,593
7,685,318
8,505,377
10,647,527
11,058,017
13,131,871
15,976,340

Per
member.
$8.71
7.39
8.32
9.29
11.07
10.39
12.59
14.30

The figures show an increase in the funds at end of year, and in total
membership, but a decrease in the income and expenditures. This
decrease is attributed to the comparative freedom of the year from
large disputes. The total expenditures of the 100 unions in 1899 were
<£1,279,506 ($6,226,716), or 22s. lOfd. ($5.57) per member. This was
expended mostly on various kinds of benefits, the nature and amount
of which varied considerably in the different unions. A ll unions pay
dispute benefits, a few paying this class of benefit only. O f the 100
principal unions, 71 paid unemployed or traveling benefits, 65 paid
sick or accident benefits, 41 paid superannuation benefits, and 88 paid
funeral benefits. There were 19 unions which paid all classes of
benefits.
The following tables show the total expenditures and the amount
expended per member on each of the various benefits during each of
the years 1892 to 1899.
EXPENDITURES OF 100 PRINCIPAL TRADE UNIONS ON VARIOUS EENEFITS, ETC., 1892
TO 1899.

Year.

1892..
1893..
1894..
1895..
1896..
1897..
1898..
1899..

Unem
ployed,
traveling,
Dispute
and emi benefit, (a)
gration
benefit, (a)
$1,591,482
..
2,274,451
..
2,212,204
..
2,061,269
..
1,302,923
..
1,639,967
..
1,184,973
..
..929,565

$1,924,837
2,837,646
814,988
950,588
832,021
3,082,183
1,525,307
587,523

Sick and
accident
benefit.

Superan
nuation
benefit.

Funeral
benefit.

$1,022,870
1,175,751
1,117,723
1,279,228
1,196,224
1,302,645
1,356,668
1,471,936

$499,196
547,997
594,789
641,200
693,330
740,458
796,855
870,403

$332,318
364,185
338,596
368,409
365,966
385,636
405,993
454,419

Other ben
Working
efits and
grants to and other
members. expenses.

Total.

iP)

$383,519
609,223
566,412
242,600
298,574
558,100
500,510
338,465

$1,234,534
1,253,727
1,350,901
1,228,694
1,322,968
1,525,857
1,486,229
1,574,405

$6,988,756
9,062,980
6,995,613
6,771,988
6,012,006
9,234,846
7,256,535
6,226,716

a In a few cases it was not possible to separate a certain amount of unemployed benefit from dispute
ueiieui>.

Includes grants to members, grants from one society to another, payments to federations, trade
councils, congresses, etc.
b

1187

FOREIGN STATISTICAL PUBLICATIONS---- GREAT BRITAIN.

EXPENDITURES PER MEMBER OF 100 PRINCIPAL TRADE UNIONS ON VARIOUS BENEFITS,
ETC., 1892 TO 1899.
[The expenditure per member is calculated on the basis of the total membership of the 100 principal
trade unions, and not on the membership of the unions paying the particular classes of benefits.]

Year.

1892 ............................
1893 ............................
1894 ............................
1895............................
1896 ............................
1897............................
1898............................
1899............................

Unem
ployed,
travel
ing, and
emigra
tion ben
efit. (a)

Dispute
benefit.
(a)

Other
Sick and Superan Funeral benefits
Working
and
accident nuation
and other
benefit. grants to
benefit.
benefit.
expenses.
members.
(&)

82.12
3.12
.88
1.04
.87
2.90
1.46
.53

81.76
2.50
2.39
2.25
1.35
1.54
1.14
.83

80.55
.60
.65
.70
.72
.69
.77
.78

81.13
1.29
1.21
1.40
1.24
1.22
1.30
1.32

80.37
.40
.37
.40
.38
.36
.39
.40

80.43
.67
.61
.27
.32
.53
.48
.30

Total.

81.36
1.38
1.46
1.34
1.37
1.44
1.42
1.41

$7.72
9.96
7.57
7.40
6.25
8.68
6.96
5.57

a In a few cases it was not possible to separate a certain amount of unemployed benefit from dispute
benefit.
b Includes grants to members, grants from one society to another, payments to federations, trade
councils, congresses, etc.

A comparison of the items of expenditures during the eight-year
period shows a steady growth of expenditures per member on super
annuation benefits, marked variations in the expenditures for dispute
and unemployed benefits, and a comparatively uniform cost per head
for sickness and accident, funeral, and other benefits and grants to
members. The expenditures per head for dispute benefits and for
unemployed, traveling, and emigration benefits in 1899 were smaller
than during any year of the eight-year period.
The other forms of labor organizations considered in the present
report are trade councils and federations of trade unions. These insti
tutions have been defined in the digests of earlier reports. The fol
lowing table shows the distribution of federations according to groups
of industries and the trade councils for the years 1896 to 1899:
FEDERATIONS OF TRADE UNIONS AND TRADE COUNCILS, 1896 TO 1S99.
1896.
Groups of industries.

General federation of trade
unions...........................................
Federations of trade unions:
Building trades.....................
M ining.....................................
Metal, engineering, and
shipbuilding......................
Textiles...................................
Transportation (land and
s e a ) .......................................
Printing and allied trades .
Woodworking and furnish
ing .........................................
E nginem en............................
Other trades............................
T otal.....................................
Trade councils..............................

1897.

1899.

1898.

Num
Num
Num
Num
ber. Members. ber. Members. ber. Members. ber. Members.

373,290

37
13

74,648
401,916

37
12

91,949
361,182

34
9

94,612
300,717

35
10

110,644
413,485

16
17

207,759
171,208

16
18

212,416
251,460

17
17

235,606
239,586

16
14

242,521
263,426

3
8

57,820
32,595

6
8

72,624
34,318

6
9

42,914
45,175

6
10

25,937
55,643

12
4
6

16,833
10,082
15,282

10
6
6

16,579
10,925
20,447

9
4
7

12,072
6,766
16,063

8
5
7

11,748
7,032
15,054

116
153

988,143
703,121

118
157

1,071,900
705,100

112
156

993,511
703,506

112
154

1,518,780
687,008

The number of federations of trade unions reported in 1899 wTas 112,
with an affiliated gross membership of 1,518,780,. as compared with

1188

BULLETIN OF THE DEPARTMENT OF LABOR.

993,511 in 1898. This large increase in membership was chiefly due
to the formation of the general federation of trade unions in 1899.
Owing to duplications arising from the fact that the same unions are
sometimes affiliated with more than one federation, the gross member
ship is much larger than the actual number of individuals represented.
Federations were most numerous in the building trades, but the lar
gest federation membership was reported in the group of mining. The
general federation of trade unions represents a membership of 373,290.
There were 154 trade councils reported in 1899, representing a total
membership of 687,008 persons.
The report also contains a chapter giving an analysis of the financial
rules of the principal trade unions, and showing in tabular form for
each union the age qualifications, entrance fees, and weekly contribu
tions of members, and the amount of dispute and various friendly ben
efits paid to those entitled to the same.

Statistics o f Proceedings under the Workmen?s Compensation Act, 1897,
and the Employers9Liability Act, 1880, during the year 1899. 38 pp.
(Published by the Home Office.)
This report contains such statistical information as the Home Office
could collect with regard to the workings of the Workmen’s Compensa
tion Act, 1897, and the Employers’ Liability Act, 1880, during the year
1899. It shows for each of the countries, England and Wales, Scot
land, and Ireland, statistics regarding the cases of arbitration under
the Workmen’s Compensation Act in the county or. sheriff courts and
memoranda registered in the same, the number and results of actions
in county or sheriff courts under the Employers’ Liability Act, statistics
of the proceedings of each court, appeals to higher courts under each
act, and a list of appeals under the Workmen’s Compensation Act. A s
these statistics cover only cases which have come before the courts,
they leave untouched the great body of cases in which compensation
was settled by agreement and by informal arbitration.
A summary statement of the more important statistics relating to
cases under the Workmen’s Compensation Act in England and Wales
in 1898 and 1899, and a copy of the act itself, have been published in a
recent article in the Bulletin.(a)
In the two tables following are given the statistics contained in the
report in relation to cases coming before the courts under the W o rk
men’s Compensation A ct and under the Employers’ Liability Act,
respectively, during the year 1899, in England and Wales, Scotland,
and Ireland:
a The British Workmen’s Compensation Act and its operation. Bulletin No. 32,
pp. 103-132.

FOREIGN STATISTICAL PUBLICATIONS---- GREAT BRITAIN.

1189

OASES OF ARBITRATION DURING 1899 IN COUNTY OR SHERIFF COURTS UNDER THE
WORKMEN’S COMPENSATION ACT, 1897.
[In England and Ireland cases are brought in the county courts; in Scotland in the sheriff courts.]

How settled.

Nature of in Total
cases.
jury*

Compensation awarded.

Result of
cases set
tled in
court.

Lump sum.

Weekly pay
ments.

Ac Withcept
dr’n, In fa
ance set
vor In fa
Award Award of
vor
tled
of
of
mon out
of
of Cases. Amt.
arbi
de plain
judge. trator.
ey
of fend
paid court,
ant. tiff.
into
court. etc.

Cases. Amt.

Solicitors’
costs
awarded.

Cases. Amt.

ENGLAND AND
W ALES.

Deaths, leavin g depende n ts.............
Deaths, not
leaving de
pendents . . .
Total disabil
ity .................
Partial disa
bility ...........
T otal. . .

216

849

17
1

374

231

56
2

237

202

7,733

6,646

249

553

233 11,912

317 199,078

418!

1,C01

506 28,870

1
45

221

2 1 9 S S 1 8 4 .4 6 2

616

374

183

109

324

1,347

828

348

246

753

SCO TLAN D .

122 $9,338

169

$448

149

7,545

Deaths, leav
ing depend
ents .............
Deaths, not
leaving de
pendents. . .
Total disabil
ity .................
Partial disa
bility ...........

1
\1
58'
1
158!

430

357

100

1,172

T otal. . .

292,

a 184

108,

100:!

28,051

141

90'

2,365

3,584

125

27,630

763

IR E L A N D .

Deaths, leav
ing depend
ents .............
Deaths, not
leaving de
pendents . . .
Total disabil
ity.................
Partial disa
bility ...........
T otal. . .

■
1

I
1

1
1
I
14;
j1
33 i

|
4

24;
!

1
6

Includes 4 cases at

a v iz a n d u m .

983

!
6

4,567

- 14

401

210

1190

BULLETIN OF THE DEPARTMENT OF LABOR.
CASES DURING 1899 UNDER EMPLOYERS’ LIABILITY ACT, 1880.
Damages
awarded.

Result.
Nature of injury.

ENGLAND

AND

Total
Other
Re
cases. Judg Judg
ment
ment moved wise
for
for
to
dis Cases.
plain defend higher posedtiff.
ant.
court.
of.

Amt.

Solicitors’
costs
awarded.

Cases. Amt.

W ALES.

D e ath s................................................
Total disability.................................
Partial disability............... ..............

39
61
405

14
20
119

7
9
75

17
32
211

14
20
119

$7,820
10,475
33,678

17
17
142

$1,506
2 663
13,912

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

505

153

260

153

51,973

176

18,081

D e a t h s ................................................
Total disability..................................
Partial disability..............................

21
28
96

1
1
3

1
6
15

5
4
9

14
17
69

1
1
3

365
97
1,314

1
1
6

262
64
581

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

145

100

1,776

907

SCO TLAN D .

IR E L A N D .

D e ath s................................................
Total disability................. .............
; Partial disability..............................

2
7

2
1

284

'T otal.........................................

284

102

In England and Wales, of the 1,347 cases under the Workmen’s
Compensation Act during 1899, coming before the county courts, 828
were decided by award of the judge, 98 by award of an arbitrator, and
73 by acceptance of money paid into court. The remaining 348 eases
were withdrawn, settled out of court, or otherwise disposed of. O f
the 999 cases settled within the cognizance of the court, 246 were in
favor of the defendant and 753 were in favor of the plaintiff. In 317
cases lump sums amounting to £40,907 16s. lid . ($199,078.03) were
awarded. These were mostly cases of deaths. In 418 cases, weekly
payments were awarded. These were all cases of total or partial dis
ability. O f the 1,347 cases coming before the courts, 357 related to
deaths, 374 to total disability, and 616 to partial disability.
O f the 505 cases under the Employers’ Liability A ct coming before
the county courts during 1899,153 were decided in favor of the plain
tiff, 91 in favor of the defendant, 1 was removed to a higher court, and
260 were otherwise disposed of. Damages were awarded in 153 cases,
aggregating £10,679 16s. lOd. ($51,973.45).
The number of cases
under this act show a considerable decrease since the enforcement of
the Workmen’s Compensation Act, namely, from 688 in 1897 to 681
in 1898 and 505 in 1899. The solicitors’ costs awarded amounted to
£5,932 8s. 5d. ($28,870.12) in 506 cases under the Workmen’s Compen
sation Act and to £3,715 9s. lid . ($18,081.46) in 176 cases under the
Employers’ Liability Act.
In Scotland, of the 292 cases under the Workmen’s Compensation
A ct during 1899, coming before the sheriff courts, 184 were decided
by award of the judge and 108 were withdrawn or otherwise settled
out of court. O f the 184 cases settled in court 80 were in favor of the
defendant, 100 in favor of the plaintiff, and 4 were cases at avizandum.

1191

FOREIGN STATISTICAL PUBLICATIONS— GREAT BRITAIN.

In 17 cases, mostly relating to deaths, lump sums amounting to £5,764
Is. Gd. ($28,050.87) were awarded. In 53 cases, all of which related to
disability, weekly payments were awarded. O f the 292 cases coming
before the courts 76 related to deaths, 58 to total disability, and 158 to
partial disability.
O f the 145 cases under the Employers’ Liability Act coming before
the sheriff courts during 1899, 5 were decided in favor of the plaintiff,
22 in favor of the defendant, 18 were removed to higher courts, and 100
were otherwise disposed of. Damages were awarded in 5 cases, aggre
gating £365 ($1,776.27). The solicitors’ costs awarded amounted to
£485 18s. Id, ($2,364.65) in 90 cases under the Workmen’s Compensa
tion Act and to £186 6s. 9d. ($906.81) in 8 cases under the Employers’
Liability Act.
In Ireland, of 59 cases under the Workmen’s Compensation Act dur
ing 1899, coming before the county courts, 29 were decided by award
of the judge, 5 by the acceptance of money paid into court, and 25
were withdrawn or otherwise settled out of court. O f the 34 cases
settled in court, 10 were in favor of the defendant and 24 in favor of
the plaintiff. In 10 cases mostly relating to deaths, lump sums aggre
gating £938 10s. ($4,567.21) were awarded. In 14 cases of disability
weekly payments were awarded. O f the 59 cases coming before the
courts 12 related to deaths, 14 to total disability, and 33 to partial
disability.
O f the 9 cases under the Employers’ Liability A ct coming before the
county courts, 3 were decided in favor of the plaintiff, 3 in favor of
the defendant, and 3 were otherwise disposed of. Damages were
awarded in 3 cases, aggregating £58 6s. ($283.72). The solicitors’
costs awarded amounted to £82 8s. 9d. ($401.18) in 16 cases under the
Workmen’s Compensation Act and to £20 19s. 3d. ($102.01) in 6 cases
under the Employers’ Liability Act.
The following table shows the cases coming before the county or
sheriff courts under the Workmen’s Compensation Act, 1897, and the
Employers’ Liability Act, 1880, during 1899, classified according to the
nature of employment of the persons concerned:
CASES DURING 1899 COMING BEFORE THE COUNTY OR SHERIFF COURTS UNDER THE
WORKMEN’S COMPENSATION ACT, 1897, AND THE EMPLOYERS’ LIABILITY ACT, 1880,
ACCORDING TO NATURE OF EMPLOYMENT.
Cases under Workmen’s Compensa
tion Act, 1897.
Nature of employment.

R ailw a y.................
Factory...................
M ine........................
Quarry....................
Engineering work
Building.................
O ther.......................
Total

England
and
Wales.

ow l

land.

Ireland.

Cases under Employers’ Liability
Act, 1880.

United England
King
and
dom.
Wales.

land"

Ireland.

United
King
dom.

104
686
233
51
111
159

32
116
54
7
39
44

4
37
1
8
4
5

140
839
288
66
157
208

12
295
2
6
34
130
-26

16
41
25
5
9
34
15

2
1

28
340
29
11
43
166
42

1,347

292

1,698

505

145

659

4
2

1192

BULLETIN OF THE DEPARTMENT OF LABOR.

There were 54 cases of appeal to the court of appeal under the
Workmen’s Compensation Act in England and Wales, 23 of which
were by workmen and 31 by employers. O f the former 5 were
allowed, 13 were dismissed, and 5 were otherwise disposed of, and of
the latter 11 were allowed, 14 were dismissed, and 6 were otherwise
disposed of. In Scotland there were 18 cases of appeal to the court
of session under this act, 7 by workmen and 11 by employers. O f the
former 3 were allowed and 4 were dismissed, and of the latter 4 were
allowed, 6 were dismissed, and 1 was otherwise disposed of. In Ire
land there were 4 cases, 3 by workmen and 1 by employers. The
former were dismissed, the latter was allowed.
Under the Employers’ Liability Act there were 21 cases appealed to
the high court of justice in England and Wales, 8 of which were by
workmen and 13 by employers. O f the former 4 were allowed, 3 were
dismissed, and 1 was otherwise disposed of. O f the latter 4 were
allowed, 7 were dismissed, and 2 were otherwise disposed of. In Scot
land there were 51 cases of appeal to the court of session, 50 by
workmen and 1 by employers, the latter being dismissed. O f the 50
appeals by workmen, a verdict was given for the workmen in 9 cases,
for employers in 5 cases, 31 were otherwise disposed of, and 5 were
dismissed. In Ireland there were 2 cases of appeal to the high court
of justice, both of which were brought by workmen. One was allowed
and the other dismissed.
While the Workmen’s Compensation Act requires that memoranda
of cases settled by committees, agreed arbitrators, or by agreement
should he sent to the registrars of county courts for registration, the
cases so reported represent but a very small proportion of the actual
number. The cases registered in England and Wales in 1899 num
bered 763, of which 651 were settled by agreement, 89 by committees,
and 23 by agreed arbitrators. In 130 of these cases lump sums aggre
gating £14,301 17s. 3id. ($69,600.02) were awarded, and in 633 cases
the awards were for weekly payments. In Scotland 27 cases were
registered, 24 of which were settled by agreement and 3 by agreed
arbitrators. Lump sums aggregating £2,728 12s. 6d. ($13,278.85)
were awarded in 16 cases. In 11 cases the awards were for weekly
payments. In Ireland 13 cases were registered, 11 of which were set
tled by^ agreement, and 2 by agreed arbitrators. In 9 cases lump sums
aggregating £756 19s. 2d. ($3,683.74) were awarded, and in 4 cases the
awards were for weekly payments.
There are no statistics showing the actual number of cases in which
compensation was paid or claimed under the Workmen’s Compensation
Act, and there are no official figures which would give even a rough
idea of the number of accidents coming within this act. Official sta
tistics of deaths by accident in railways, factories, mines, and quarries
in England and Wales show a total of 2,053 during 1899, of which

FOREIGN STATISTICAL PUBLICATIONS---- GREAT BRITAIN.

1193

number but 319, or 15.5 per cent, resulted in claims being carried
before the courts for decision.
Up to December 31, 1899, 1-7 compensation schemes had been certi
fied in England and Wales by the registrar of friendly societies, affect
ing 130,701 employees. These were distributed among the following
industries: Railwaj^s, 2 schemes, affecting 11,171 employees; factories,
17 schemes, affecting 16,365 employees; mines, 27 schemes, affecting
72,695 employees; quarries, 1 scheme, affecting 170 employees. One
scheme for Government employees was also certified in 1899. In
Scotland 2 schemes have been certified, both in 1898. They were both
for factories, and affected 2,750 employees.
IT A L Y .

Helazione sulVapplicazione della legge 11 febbraio 1886 sul lavoro dei
fanciulli nelle fahbviche e nelle miniere, dal 1° luglio 1896 al 81
diceinbre 1898. Camera dei Deputati. Presentata dal Ministro di
Agricoltura, Industria e Commercio. 51 pp.
The present report on child labor in Italy was made by the minister
of agriculture, industry, and commerce to the Italian chamber of com
merce, in accordance with the requirements of the law of February
11, 1886. (a) The information contained in this report is mainly such
as is usually found in reports of factory and mine inspectors, showing
the number of factories and mines visited, the cases of violation found
and prosecuted, etc. It also contains statistics showing the extent of
child labor employed in certain industrial establishments and in the
mining and metal industries. The report covers the period from July
1, 1896, to December 31, 1898.
The following table gives statistics showing the number of children
employed in the mines and factories inspected in 1896,1897, and 1898:
CHILDREN EMPLOYED IN MINES AND FACTORIES, 1896-189S.
;!

Industries and years.

Children em
ployed.

Estab
lish
ments
which
em
ployed
chil
dren.

Total
em
ploy
ees.

2,982
3,249
4,092

60,021
70,476
70,409

9,198
10,245
10,327

15.32
14.54
14.67

781
808

95,908
90,972

15,592
11,641

16.26
12.80

Num
ber.

Children of from

Per 9 to 10 years.
cent of
total
em
Num Per
ploy
ber.
cent.
ees.

10 to 12 years.

12 to 15 years.

Num
ber.

Per
cent.

Num
ber.

Per
cent.

513.75
19.36
15.25

57,692
c 7,852
8,382

585.42
c 78.44
81.17

M IN IN G A N D M E T AL .

1896...................................
1897...................................
1898...................................

5 75 50.83 51,238
220 c 2 .20 c 1,938
370
3.58
1,575

O TH E R.

1897...................................
1898...................................

<2197 <21.30 <22,745 <218.07 <212,247
ellO
e .96
e886
e7.70 e 10,506

a For an account of this law, see Bulletin No. 80, pp. 1058-1056.
6 Not including 198 children whose ages were not reported.
cNot including 235 children whose ages were not reported.
d Not including 403 children whose ages were not reported.
eNot including 139 children whose ages were not reported.

d
e

80.63
91.34

1194

BULLET!!? OF THE DEPARTMENT OF LABOR.

The above table shows an increase in the number of children employed
in mining and metal industries during the period, although the pro
portion of children to total employees shows a decrease from 1896 to
1897. The number and proportion of children from 9 to 10 years, as
compared with other age groups, show an increase each year. The
number and proportion of children in the other industries considered
show a considerable decrease from 1897 to 1898. The proportion of
children from 9 to 10 and from 10 to 12 years of age shows a decided
decrease, while the proportion from 12 to 15 years shows a corre
sponding increase from 1897 to 1898.
NETH ERLANDS.

Verslcigen der Kcimers van Arbeid over 1899.

95 pp. (Published by
the Ministry of Waterstaat, Commerce, and Industry.)

This is a compilation of the material contained in the first annual
reports made by the local councils of labor established by royal decree
in accordance with an act passed May 2,1897. (a) It comprises a list
of 60 councils of labor organized up to January 1,1900, showing the
date of the royal decree, the date of organization, and the industry for
which organized, in each case. Lists and tables compiled from 27
councils reporting, show, in addition, the names and occupations of the
members on December 31,1899, an alphabetical arrangement of the
industries represented, the number of persons on the voting lists and
the number who voted at the elections, and the number of meetings
held by the councils and by the governing boards. Extracts, in text
form, from the individual reports are also given.
a For an account of this law showing the purposes, organization, etc., of these
councils of labor see Bulletin No. 30, pp. 1046-1051.

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

DECISIONS U N D ER S T A T U T O R Y L A W .
C o n s t it u t io n a l it y
E m ploy N one

but

C it y

em bers

O r d in a n c e ,
L

abor

E t c .— C o n t r a c t o r

n io n s —

E ig h t

o u rs to

a D a y ’ s L a b o r —FisJce v. People ex rel. Raymond, Supreme
Court o f Illinois, 58 Northeastern Reporter, page 985.— This was an

C o n s t it u t e

application by the people, on the relation of S. B. Rajmond, against
David E. Fiske, for a judgment of sale for a special assessment for a
street improvement. From a judgment for relator, rendered in the
county court of Cook County, 111., the defendant appealed the case to
the supreme court of the State which rendered its decision December
20, 1900, and affirmed the judgment of the lower court.
The question of the constitutionality of an ordinance of 'the city of
Chicago, providing that the successful bidders for the doing of any
public work or making of any public improvement must agree to hire
no employees who were not members of labor unions, was raised in this
case as was also a question as to the constitutionality of a provision
in the specifications attached to the particular contract in the case to
the effect that the contractor must not allow his employees to work
more than eight hours in any one day, and that if he should do so his
contract should be forfeited.
The court decided that, for certain reasons, these questions had no
bearing upon the facts of the case and no influence upon the decision,
yet it did state that both the ordinance and the provision of the speci
fications referred to were unconstitutional and void and on this point
the language of the opinion of the court, delivered by Judge Magruder, is as follows:
Undoubtedly the ordinance of October IT, 1898, is unconstitutional
and void. The requirement that the bidder for doing the work on a
public improvement shall agree to hire only members of labor unions
in the performance of such work, and that, in all contracts executed
by the commissioner of public works on behalf of the city, the con
tractor shall agree to hire only members of labor unions, amounts to

351—No. 37— 01-----12

1195

1196

BULLETIN OF THE DEPARTMENT OF LABOR.

a discrimination between different classes of citizens, and lays down a
rale which restricts competition and increases the cost of work.
Under our constitution and laws, any man has a right to emplo}7 a
workman to perform labor for him, whether such workman belongs
to a labor union or not; and any workman has a right to contract for the
performance of labor, irrespective of the question whether he belongs
to a labor union or not. Such ordinances and contracts as the ordi
nance of October 17, 1898, have been recently held to be unconstitu
tional and void, in the cases of Adams v. Brenan, 177 111., 194, 52 N. E .,
314, and Holden v. City of Alton, 179 111., 318, 53 N. E ., 556. These
cases are conclusive as to the invalidity of this ordinance.
It is contended by counsel for appellant in his argument that a pro
vision in the specifications attached to the contract made between the
contractor and the city of Chicago for the doing of the work upon the
improvement in question is illegal, as limiting the number of hours
in each working day. The provision thus referred to is as follows:
“ In the prosecution of the work under these specifications, eight
hours shall constitute a day’s labor; and any contractor or contractors
who shall compel or allow laborers or employees to work more than
eight hours in one day shall be liable to have this contract forfeited,
as provided by section 1687 of the Be vised Code of the City of Chicago:
Provided, however, that in case of emergency the contractor or con
tractors may, by and with the written consent of the board of local
improvements, allow laborers and employees to work extra time.”
That part of this clause in the specifications which makes the con
tractor liable for a forfeiture of his contract if he allows laborers or
employees to work more than eight hours in one day is unquestiona
bly void and unconstitutional. It infringes upon the freedom of con
tract, to which every citizen is entitled under the law. It is true that
a legislative act which prescribes the length of time amounting to a
day’s work, when no special agreement upon the subject is made
between the parties, is a valid act. But any statute providing that,
the employer and laborer may not agree with each other as to what
time shall constitute a day’s work is an invalid act.

C o n s t i t u t i o n a l i t y o f S t a t u t e — M e c h a n i c s ’ L i e n L a w —Barrett
etux. v. Millikan, Supreme Court o f Indiana, 60 Northeastern Reporter,
page 310.— This action was brought by one Millikan against Charles

E. Barrett and wife to enforce a lien for materials furnished for and
used in the repair of a dwelling house erected on a lot owned by Bar
rett in the city of Indianapolis, Ind. In the superior court of Marion
County, Ind., a judgment in favor of Millikan was rendered, and Bar
rett appealed to the supreme court of the State, calling in question
the constitutionality of the act generally known as the “ Mechanics’
Lien Law .” [Burns’s Kevised Statutes, 1894, §§ 7255-7259.] The
supreme court rendered its decision April 23, 1901, sustaining the
judgment of the superior court and declaring the act in question to be
a constitutional and valid law.

DECISIONS OF COURTS AFFECTING LABOR.

1197

The following is a quotation from the opinion of the supreme court,
which was delivered by Chief Justice Dowling:
The six objections [made by the appellant, Barrett, to the validity
of the “ Mechanics’ Lien L a w ”] may fairly be reduced to three, viz:
(1) The act authorizes the appropriation of the property of the landowner without due process of law; (2) it impairs the obligation of con
tracts; (3) it grants to one class of citizens privileges not granted upon
the same terms to others.
The judgment in Jones v. Hotel Co. (C. C. S. D ., Ohio), 79 Fed.,
477, referred to in appellant’s brief, was overruled by the circuit court
of appeals (86 Fed., 370, 30 C. C. A ., 108), Lurton and Taft, circuit
judges, and Clark, district judge, sitting. The opinion of the court
was delivered by Judge Lurton, who fully reviewed the Ohio statutes
on the subject of mechanics’ liens, and said: “ The validity of such
statutes, however, need not be rested upon mere authority. They
find sanction in the dictates of natural justice, and most often admin
ister an equity which has recognition under every system of law.
That principle is that everyone who by his fabor or materials has
contributed to the preservation or enhancement of the property of
another thereby acquires a right to compensation. * * * The
legal effect of the contract is to give a lien to all who at the instance
of his contractor shall be employed to furnish labor or materials for
the work which he has let out. So far as such a statute is limited to
future contracts, it can not be said to impair the obligations of a con
tract. If the law be subject to no other objections, it impairs no con
tract, for all thereafter made ane entered into upon the basis of the
law. * * * Neither can the owner be said to be thereby deprived
of property without due process of law. He has voluntarily made a
contract, with the law before him. He has thereby subjected his
property to liability for certain debts of the contractor. His own vol
untary consent is an element in the transaction. He knows what the
law is, and makes a contract under the law. It is idle to say that
under such circumstances he is deprived of his property without due
process of law.”
The question of the constitutionality of this act was thoroughly
examined and emphatically decided by this court in Smith v. Newbaur, 144 Ind., 95; 42 N. E ., 40,1094; 33 L. R, A ., 685. It was held in
that case that the act was not objectionable on the ground that under
it the owner might be deprived of his property without due process
of law; that the owner contracts in contemplation of the statute, and
that the statute does not restrict the ability of the owner to contract.
These views we think are sound, and uj>on similiar grounds statutes
of the same kind have been sustained in most of the States of the
Union.
The last objection to the statute taken by the appellants— that the
act favors a particular class of citizens to the exclusion of other citi
zens— is not sustained either by reason or authority. The classifica
tion is just, natural, and reasonable. It is open to all, and it applies
equally to all the citizens of the State who bring themselves within
the remedial scope of this act.

1198

BULLETIN OF THE DEPARTMENT OF LABOR.

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

S t a t u t e — P r io r it y

C l a im s

for

ages

v. Ilammes et al.,
Supreme Court o f Indiana, 60 Northeastern Reporter,
31$ . — This

O y e r C l a im s U

nder

C hattel M

o r t g a g e s — Small

was an action brought to recover for wages due and unpaid in a case
where the property in question had been taken possession of bj^ the
holders of mortgages upon the same and the main question in issue
was whether the claims for wages should, under the law, be paid before
the sums due under the mortgages could be paid and satisfied. In the
circuit court of Huntington County, Ind., a judgment was rendered in
favor of the plaintiffs, the claimants for wages, and the defendants
appealed the case to the supreme court of the State, which rendered its
decision May 8, 1901, and affirmed the judgment of the lower court.
The pertinent facts in the case and the reasons for the decision are
stated in the opinion of the supreme court, delivered by Chief Justice
Dowling, and in the course of the same the following appears:
The right of the appellees [the wage claimants] to proceed against
the property described in the complaint, it is claimed, is derived from
the provisions of the act of March 17, 1885 (Acts 1885, p. 95; Burns’
Rev. St., 1891, § 7051), the substance of which, so far as it is applica
ble to this case, may be thus stated: Hereafter, when the business
of any person shall be suspended by the action of creditors, then
the debts owing to employees for labor, to an amount not exceeding
$50 each, for work performed within six months next preceding the
seizure of the property of such person, shall be treated as preferred
debts, and such employees shall be preferred creditors, and shall be
first paid in full.
The appellant contends that the act can not be so construed as to give
the appellees an equity superior to the lien of the two chattel mort
gages under which he claims title, and that, if the act is susceptible
of such a construction, it is unconstitutional, because it impairs the
obligation of contracts, and devests vested rights.
The meaning of the statute is unmistakable. Its evident intention is
to provide for the payment to the extent of $50 of the claims of wageearners out of the proceeds of the sale of the property of the employer,
whose business has been suspended b}^ the action of creditors, before
the payment of any other claims, costs excepted, whether secured by
lien or otherwise. Such statutes are said to be founded upon the
broadest equity, and for the protection of a peculiarly helpless and
meritorious class of creditors, whose claims are usually small, and who
are suddenly compelled to shift for themselves by the failure of their
employer. If the statute does not, in terms, create a specific lien
upon the property of the employer, it accomplishes the same result by
securing to the employee priority of payment over all other claimants
out of the proceeds of the property of the employer. The effect of
the statute, as we construe it, is to give the appellees the right of
priority of payment over appellant, and to make the claim of the
employees superior to the rights of the appellant under the mortgages.
This being the necessary legal effect of tne statute, is the act thereby
rendered unconstitutional ?
It can not be said to impair the obligations of contracts, because it
operates only on contracts entered into after its enactment. (Jones v.

DECISIONS OF COURTS AFFECTING LABOR.

1199

Hotel Co., 86 Fed., 370, 30 C. C. A ., 108.) Nor is it invalid on the
ground that it devests vested rights. The legislature has the power to
regulate and control the priority of all statutory liens which may be
created after the declaration of the legislative will, and every contract
is presumed to be entered into with reference to existing laws. The
lien of a chattel mortgage, where the property remains in the posses
sion and use of the mortgagor or his assigns, is quite as much a crea
ture of the statute as the preference or priority of payment secured
to the laborer or employee by the act under consideration.

E m ployers’ L

ia b il it y —

C o n s t r u c t io n

Statute— G

u a r d in g o f

v. Cream City Brick Co., Supreme Court o f
Wisconsin, 86 Northwestern Reporter, page 153.— Action was brought

a c h i n e r y —Powalske

by Benedick Powalske against the above-named company to recover
damages for personal injuries incurred while in its employ. The evi
dence showed that his employment did not bring him within the reach
of danger from an unguarded shaft, which was about 18 inches from
his place of work; that a moveinent directly toward the shaft was
guarded against by a large pile of stones; that the only way to reach
the shaft was by stepping out of his path and up on the pile of stones,
which was not required in his work; that he was engaged in winding a
coil of rope around his wrist, and caught the rope near its loose end
preparatory to putting it on a shelf; that the loose end was caught by
the wind and carried up against the shaft, where it caught and was
wound up so rapidly that he could not disengage his arm therefrom,
but was drawn to the shaft and revolved around the same and severely
injured. He alleged negligence on the part of his employer in not
guarding the shaft, which he claimed was made obligatory upon the
employer by the provisions of section 1636j of the Revised Statutes of
Wisconsin. A judgment for the defendant employer was rendered in
the superior court of Milwaukee County, W is., and the plaintiff
appealed to the supreme court of the State, which rendered its decision
Majr 21, 1901, and affirmed the decision of the lower court, holding
that the section of the Revised Statutes above referred to only required
the guarding of such shafting as was dangerous in its unguarded con
dition; that such condition is not determined by the fact alone that an
employee was injured thereby, and that the employer is not required
by said law to guard shafting which was so located that an employee
must go out of his ordinary course, or the course which he might be
reasonably expected to take in order to reach it.
The opinion of the supreme court was delivered by Judge Marshall,
who, in the course of the same, used the following language:
Section 1636j, Revised Statutes, provides that “ The owner or man
ager of every place where persons are employed to perform labor
shall securely guard or fence all * * * shafting * * * which is
so located aS to be dangerous to employees in the discharge of their

1200

BULLETIN OF THE DEPARTMENT OF LABOR.

duty.” Now, if it would not be reasonable to say, on the facts of this
case, that the shafting in question was so located that respondent, in
the exercise of that care for the safety of its employees which is con
templated by the statute, ought to have apprehended that it might
probably cause a personal injury to some one of them, appellant’s case
failed at the very outset. The statute does not require every shaft in
a factory to be guarded or fenced, but only such as are so located as
to be dangerous to employees in the discharge of their duties. It does
not hold the owner of a factory, where machinery of the kind it men
tions is used, bound to anticipate every possible danger to his employees
that may in any event exist therefrom by reason of its being unguarded.
The statute must have a reasonable, sensible construction.
It plainly contemplates that persons required to comply with its
provisions shall exercise ordinary judgment in determining whether
machinery should be guarded, and that, in such exercise, they shall
bring to bear upon the subject ordinary prudence and intelligence
under the circumstances of each particular case.
So, whether the shaft in question was dangerous in its unguarded
condition, within the meaning of the statute, is not to be determined
or necessarily influenced by the mere fact that appellant was injured
thereby. If it had been located several feet above appellant’s head as
he was about his work, it would still have been possible for him to
have been injured by it in many ways that might be imagined.
The question is, W ould a person of ordinary intelligence and pru
dence, circumstanced as defendant’s officers or those having charge of
its business were, have apprehended that the unguarded shaft might
probably cause a personal injury to some employee while in the dis
charge of his duties ? I f not, then the failure to guard it was not a
breach of duty to appellant; and if the circumstances of the case upon
which the conclusion must turn were, upon the evidence, so clearly in
favor of respondent as not to reasonably admit of a finding to the con
trary, manifestly it was free from the charge of actionable negligence
upon which appellant contends the case should have been submitted
to the jury, and the nonsuit was properly granted.

S e a m e n — S u it s

for

ages—

J u r is d ic t io n

State

C ourts—

Calvin v. Huntley and Treu v. Same, Supreme Judicial Court o f
Massachusetts, 59 Northeastern Reporter, page 1^35.— Actions were
brought by two seamen, Calvin and Treu, against one Huntley.
From judgments dismissing said actions, rendered in the superior
court of Bristol County, Mass., the plaintiffs appealed the cases to
the supreme judicial court of the State, which rendered its decision
February 27, 1901, and reversed the judgments of the lower court.
The opinion of the appellate court, delivered by Judge Hammond,
shows the facts in the case and contains the following language:
In each of these actions the plaintiff, a seaman, seeks to recover against
the master of the vessel the wages earned by him up to the time of his
discharge, and in addition thereto a sum equal in amount to one month’s
wages, as provided in Rev. St. U . S., sec. 4527. The cases are before
us on appeals from a judgment of the superior court dismissing them
foivwant of jurisdiction.

DECISIONS OF COURTS AFFECTING LABOR.

1201

While a seaman may maintain a libel in the admiralty court for his
wages, he can also maintain at his election an action at common law
against the master or owner of the vessel. And such an action is
within the exceptions named in Rev. St. U. S., sec. 1517, “ that nothing
herein contained shall prevent any seaman from maintaining an action
at common law for the recovery of his wages.” It is also well settled
that civil cases arising under the Constitution and laws of the United
States may be tried and determined in the State courts, unless the
national Constitution or laws have vested exclusive jurisdiction of
them in the Federal courts.
But it is urged that this is an action to recover a forfeiture or pen
alty within the meaning of Rev. St. U. S., sec. 711, cl. 2, which pro
vides that the Federal courts shall have exclusive jurisdiction 64of all
suits for penalties and forfeitures incurred under the laws of the
United States. ” Section 1527, which applies to this action, is as follows:
“ Any seaman who has signed an agreement and is afterwards dis
charged before the commencement of the voyage or before one month’s
wages are earned, without fault on his part justifying such discharge,
and without his consent, shall be entitled to receive from the master
or owner, in addition to any wages he may have earned, a sum equal
in amount to one month’s wages as compensation, and may, on adduc
ing evidence satisfactory to the court hearing the case, of having been
improperly discharged, recover such compensation as if it were wages
duly earned.” It is to be observed that the language of the section is
not that ordinarily used in a penal statute. Neither the word u pen
alty ” nor “ forfeiture” is in it. Moreover, it does not provide punish
ment for the commission of a criminal offense, nor for the neglect of
a statutory duty, nor even for the neglect of a duty in the performance
of which the public, as such, may be supposed to have an interest. It
speaks not of punishment, but of compensation. Its object is to pro
tect the seaman from loss, rather than to punish the master for dis
charging him. The remedy is given to the seaman alone, and its plain
purpose is to furnish a clear and well-defined rule of damages, as
between him and the master, for a breach of contract in which the
seaman and the master or owner are the only persons interested.
The statute, being the law of the jurisdiction where the contract
was made, is the law with reference to which the parties must be
presumed to have contracted, or, in other words, it is the law of the
contract, and it is as much a part of the contract as though inserted
therein.
Nor does the rule of damage seem unreasonable. The shipping con
tract calls upon the seamen to go to various places, sometimes far
from home, and it may be, for instance, as in this case was the actual
fact, that he may be discharged in a port distant from that where he
signed the articles, or where he can not immediately secure any other
employment on board ship or elsewhere, and that in all fairness he
should recover more than the amount due him for wages earned.
Hence it might be deemed advisable to have this indefinite element
made definite by a general law with reference to which the parties
may conclusively be presumed to have contracted, and which, there
fore, should be taken to be the law of the contract. The object of the
statute is not to punish, but to provide a reasonable rule of compen
sation in a breach of contract. W e think the statute not penal, but
remedial. It follows that the State court had jurisdiction. Judgment
dismissing actions reversed.

1202

BULLETIN OF THE DEPARTMENT OF LABOR.

D ECISIO N S U N D ER COM M O N L A W .
D

is c h a r g e o f

E m p l o y e e — L ia b il it y

T h ir d P

erson

for

alse

v. Dunphy, Supreme Judi
cial Court o f Massachusetts, 59 Northeastern Reporter, page 125.— This
Statem en ts M

a d e to

E m p l o y e r —Moran

was an action brought by one Moran, as plaintiff, against one Dunphy,
as defendant, to recover damages on account of statements made by
Dunphy to one Cowan, by whom the plaintiff was employed, which
were of such a character that Cowan discharged the plaintiff. The
employment was at will, the employer, Cowan, having the right to
discharge Moran at any time and therefore not being liable in damages
for said discharge.
In the superior court of Suffolk County, Mass., where the trial was
held, the defendant demurred to the plaintiff’s declaration and a deci
sion in his favor was rendered, the demurrer being sustained. The
plaintiff appealed the case to the supreme judicial court of the State,
which rendered its decision January 4,1901, modifying the decision of
the lower court, and, while sustaining the demurrer to one count of
the declaration, it allowed the plaintiff to amend. In the course of the
opinion of the supreme court, delivered by Chief Justice Holmes, the
law in the case was laid down as follows:
In view of the series of decisions by this court, from Walker v*
Cronin, 107 Mass., 555, to Plant v. W oods, 176 Mass., 492, 57 N. E .,
1011, we can not admit a doubt that maliciously and without justifiable
cause to induce a third person to end his employment of the plaintiff,
whether the inducement be false slanders or successful persuasion, is
an actionable tort.
W e apprehend that there no longer is any difficulty in recognizing
that a right to be protected from malicious interference may be inci
dent to a right arising out of a contract, although a contract, so far as
performance is concerned, imposes a duty only on the promisor.
Again, in the case of a contract of employment, even when the employ
ment is at will, the fact that the employer is free from liability for
discharging the plaintiff does not carry with it immunity to the defend
ant who has controlled the employer’s action to the plaintiff’s harm.
The notion that the employer’s immunity must be a nonconductor, so
far as any remoter liability was concerned, troubled some of the judges
in Allen v. Flood [1898], App. Cas., 1, but is disposed of for this Com
monwealth by the cases cited.
So, again, it may be taken to be settled by Plants. Woods, 1^6 Mass.,
492, 501, 502, 57 N. E ., 1011, that motives may determine the question
of liability; that, while intentional interference of the kind supposed
may be privileged if for certain purposes, yet, if due only to malevo
lence, it must be answered for. On that point the judges were of one
mind.
Finally, we see no sound distinction between persuading by malevo
lent advice and accomplishing the same result by falsehood or putting
in fear. In all cases the employer is controlled through motives created
by the defendant for the unprivileged purpose. It appears to us not
to matter which motive is relied upon. If accomplishing the end by
one of them is a wrong to the plaintiff, accomplishing it by either of
the others must be equally a wrong.

1203

DECISIONS OF COURTS AFFECTING LABOR.
Street

R a il w a y s — N o t

N e g l ig e n c e

ttem pt

O perate

v. Mendenhall,
Supreme Court o f Minnesota, 86 Northwestern Reporter, page 96.—

C ars

u r in g

S t r ik e

E m p l o y e e s — Fewings

Action was brought by Fred J. Fewings against one Mendenhall, the
receiver of the Duluth Street Railway Co., to recover damages for
injuries sustained by him while a passenger on one of the cars of said
road during the progress of a strike of its employees. In the district
court of Saint Louis County, M inn., the plaintiff recovered a judg
ment and the defendant appealed the case to the supreme court of the
State, which rendered its decision May 17, 1901, and reversed the
judgment of the court below.
The opinion of the supreme court was delivered by Chief Justice
Stark, and from the syallabus of the same, which was prepared by the
court, the following, showing the principal point of the decision, is
quoted:
A street railway company is not, as to its passengers, guilty of negli
gence in attempting to operate its cars during a strike of its employees,,
unless the conditions are such that it ought to know, or ought to reason
ably anticipate, that it can not do so and at the same time guard from
violence, by the exercise of the utmost care on its part, those who
accept its implied invitation to become passengers.

S t r ik e s — P

ow ers

Court

q u it y

I ssu e I n j u n c t io n —

Underhill v. Murphy et at., Circuit Court o f Kenton County, Ken
tucky.— A petition was filed in the above-named court by John T.
Underhill against Walter Murphy and others, asking for the issuance
of a temporary injunction restraining the defendants from the com
mission of certain acts. The decision in the case was recently rendered
by Judge James Pryor Tarvin, who held the court, and the injunction
was refused. The text of this decision is obtained from a number of
the Typographical Journal of date of August 15,1901, being published
therein on pages 174 and 175, and a letter from the clerk of the court
of recent date states that the publication is “ an accurate statement of
the text of the decision but not an exact copy.” Owing to its great
interest this decision as published, and which contains a statement of
the facts in the case, is reproduced below:
John T. Underhill v. Walter Murphy, etc.: This cause is submitted
on a motion for a temporary injunction.
The plaintiff, John T. Underhill, is a master plumber, engaged in
his business in the city of Covington for many years, and has built up
a large and lucrative trade, and established a valuable good will in
Covington and vicinity. The defendants, Murphy and others, were
the employees of Underhill, and joined in a strike, and have since occu
pied the position of strikers in relation to Underhill and other master
plumbers. These defendants belong to a union of plumbers, an organ
ization created and existing for the protection and benefit of labor, and
that union has conducted the strike.

1204

BULLETIN OF THE DEPARTMENT OF LABOR.

A t the time his employees quit him Underhill was under a number
of contracts in his line of business, and in order to perform his work
thereunder he employed a number of plumbers not belonging to the
union, and not participating in the strike, to take the place of the
union and striking plumbers.
The defendants thereupon undertook to prevent the nonunion men
from performing the work, and to that end followed them and the
plaintiff from place to place about the city, and assembled about the
shop of plaintiff, denouncing and threatening the plaintiff and his
workmen, and interfering with them in every way practicable, and
several of the defendants assaulted one of the nonunion workmen.
This line of action has been followed by the defendants since the
beginning of the strike.
The action of defendants amounted to an attempt by them to vio
lently and forcibly compel the nonunion employees of Underhill to
quit his employment, and said defendants are now threatening to so
compel said employees to quit, by force and violence, and to assault
and beat plaintiff and said nonunion employees.
The plaintiff, by his petition as amended, asks this court of equity
to enjoin the defendants from the further commission of said acts,
and from the execution of said threats; and the question on this sub
mission is as to the right and power of a court of equity to apply the
process of injunction in such case.
The plaintiff contends that the business and good will established by
Underhill constitute a property right, and that the law and courts
ought to protect that right. The plaintiff is right in this contention.
The business and good will do constitute a property right, and the
law and the courts of this State will vigorously and adequately protect
that right. The question is, how will the law and courts afford this
protection, and by what method will the facts be ascertained and the
remedy afforded?
The plaintiff insists that that protection and remedy must be afforded
by process of injunction, which means that a judge— one individual—
sitting in equity, must hear the evidence, determine the facts, convict
the defendants, and then, by fine and imprisonment, enforce his judg
ment; that no jury shall intervene, and that no barrier and no safe
guard shall stand between the will of the judge and the liberty of the
defendants.
This would seem a strong and harsh doctrine, and to support it, and
as a guide and a light to this court, plaintiff’s counsel quotes and relies
upon the opinion of the Supreme Court of the United States in the
celebrated case of In re Eugene Debs, reported in 158 U . S. Supreme
Court Reports, page 564.
Counsel for plaintiff also quotes and relies upon the case of
Coeur d’Alene Mining Co. v. Miners’ Union, 51 Federal Reporter,
260, in the opinion in which case it is held that “ equity would not
interfere to prevent the commission of a crime. But when an attempt
to injure constitutes acts or words which will operate to intimidate
and prevent the customers of a party from dealing with him or labor
ers from working for him, the courts have, with nearly equal una
nimity, interposed by injunction.” The court in this case went so
far as to enjoin the proprietor of a newspaper from encouraging the
defendants in their lawless acts.

DECISIONS OF COURTS AFFECTING LABOR.

1205

In the Debs case the Supreme Court says that, “ As a general
proposition, it is true that a court of equity can not enjoin the com
mission of a crime, and that a chancellor has no criminal jurisdiction.”
But the court goes on to say that where there is an interference,
actual or threatened, with property rights or rights of a pecuniary
nature, a court of equity can interpose by injunction.’
It occurs to me that a very large proportion of criminal acts affects
property or rights of a pecuniary nature. Under the doctrine
announced in the Debs case a court of equity might properly enjoin
the commission of burglary, or embezzlement, or highway robbery.
It appears from an examination of the authorities that the conten
tion that a court of equity can interfere by injunction in criminal cases
was never made until the arising of contests between labor and capital
in the form of strikes.
The assumption of such jurisdiction by courts of equity would prob
ably seem strange to the makers of the National Constitution and to
those who framed our Government.
The courts of this land constitute a place of last resort, and, as is
the case in all things, some degree of confidence and trust must at
least be necessarily placed in the individual, and in the case of courts
that confidence and trust must be placed in the judges. The powers
of courts, it seems to me, are clear and their limitations well defined,
and within these limits their powers ought to be exercised and their
orders enforced on all occasions and at any cost; but it is equally true
that the utmost care should be taken to avoid, in any instance, passing
beyond these limitations.
To carry out the doctrine contended for by counsel for plaintiff in
this case would mean the substitution of judges for juries. It simply
means to vest in one man the right to try, convict, and punish without
the intervention of a jury.
It is hard to see the reason for apptying such a doctrine as this* in
cases of contest between organized capital and organized labor and
not in other cases of a criminal nature. Organized capital has its clear,
certain rights, which the courts of this land are bound to respect,
enforce, and protect, and which they do enforce, respect, and protect,
and organized labor has likewise rights and is entitled to the same
respect and protection. But when it comes to enforcing or protect
ing the lights of one or the other, I can see no reason for departing
from the established practice in criminal cases, and see no reason for
depriving the persons accused of a violation of these rights of the
constitutional methods of tx*ial. There is nothing more dangerous
than an arbitrary judiciary. There is nothing more injurious than to
place in the hands of judges the right to exercise the power of a jury.
There is nothing that should be so jealously enforced as the restric
tions and limitations upon the powers of the courts of this country,
national and state.
It does not require one learned in the law to see, and to some ex
tent estimate, the results that would necessarily flow from giving to a
judge the right to pass upon the facts in a criminal prosecution. It
would vest in him an absolute arbitrary power, never contemplated
by the Constitution, and utterly out of place in a government framed
as this. Courts were originally established to afford a remedy for
wrongs committed, and to enforce rights. They were not originally

1206

BULLETIN OF THE DEPARTMENT 01 LABOR.

constituted for the purpose of enabling a judge thereof to direct men
what they should or should not do. The process of injunction, whiph
amounts to that, finally became a part of the law in its equity branch,
by necessity, but it never was intended that it should be used except
in extreme cases. It was never intended that it should be used where
any other remedy existed. It was never intended to be used except
to prevent irreparable injury, and it was always intended that it
should be used with extreme caution and only in extreme cases.
In case at bar the property rights of Underhill have been violated.
A wrong has been committed and is being committed upon him.
He is entitled to a remedy for the wrong done, and is entitled to have
the commission of the wrong stopped. The law of this State affords
him a remedy, full and complete. The remedy lies in the criminal
branch of the judiciary. It is not a case for the interposition of
equity. It is not within my power, and 1 hope never will be within
the power of any judge in Kentucky, to hear the evidence, convict
and punish a man for wrongs such as these. Before any penalty
should be inflicted upon'him, twelve men ought to hear the evidence
and bring in a verdict of guilty.
The court of appeals of this State has never accepted the doctrine
contended for by plaintiff’s counsel in this cause. It has never substi
tuted a judge in the place of a jury. It has not converted a chancellor
into an inquisitor. It has not undertaken to indefinitely and obscurely
extend the powers and widen the authority of the judges of this Com
monwealth. There is nothing in the law of Kentucky which renders
it obligatory upon me to here use the process of injunction. I will
not undertake to usurp the powers and prerogatives of a jury and to
exercise arbitrary power by means of the process of injunction until
the law in this State on the subject becomes so plain as to make it my
duty so to do.
There is filed with the petition a poster, addressed to the citizens of
Covington, and making this statement: “ The following-named master
plumbers are unfair to organized labor: J. T. Underhill”— and others
not necessary to here mention. This poster was issued by these defend
ants, and it is here made a subject of complaint. The allegations of
the poster amount to a conclusion or an opinion on the part of those
issuing it. They had a right to issue'it, and if untrue and a damage to
the plaintiff, then those issuing it must bear the consequence.
In the light of these views, and after a careful examination of all the
authorities accessible relied on by plaintiff, I am of the opinion
that the petition as amended does not present a state of case justifying
the process of injunction, and the motion for temporary injunction is
therefore overruled.

LAWS OE VARIOUS STATES RELATING TO LABOR ENACTED SINCE
JANUARY 1, 1886.
[The Second Special Report of the Department contains all laws of the various States and Terri
tories and of the United States relating to labor in force January 1,1896. Later enactments are
reproduced in successive issues of the Bulletin from time to time as published.]

ALABAMA.
ACTS OF 1900-1901.

Act No. 2S6.—Public printing to be done within the State, etc.
Section 1. Section 3395 of the Code of 1896 [shall] be amended so as to read as
follows: The printing and binding embraced in class 4 must be done at the seat of
government, and all other printing and binding enumerated in classes 1, 2, and 3
must be done within the State of Alabama: Provided, however, That if the owners of
printing establishments in this State should at any time combine or agree together
for the purpose of preventing competition for bids under this act, then in such event
this act shall not be binding, and the printing of the State may be let to the lowest
bidder, whether such bidder is a resident of this State or not.
Approved, December 13, 1900.
Act No. 311.—Incorporation of the Southern Industrial Institute.
Section 1. S. H. Shinn, Lyman Ward, L. A. Trimble, Mistress Athalia Johnson
Irwin, M. M. Teague, R. A. Credille, R. J. Ownes, Thomas Chapman, Daniel B.
Clayton, H. E. Newberry, and George M. Slaughter and their associates, are hereby
incorporated under the name of the Southern Industrial Institute, and by such name
shall have perpetual succession, may sue and be sued, plead and be impleaded as
natural persons; may have, use and change a corporate seal, acquire, receive, own
and hold real and personal property by gift, purchase, devise or bequest, to hold and
use the same for the benefit of said Southern Industrial Institute; said corporation
may sell, lease, or mortgage its real or personal property, stocks, bonds or choses in
action, and may borrow or lend money: Provided, That in making conveyances of real
estate the deeds shall be signed by the president and countersigned by the secretary
of said. corporation.
Sec. 3. The purpose of said corporation shall be the establishment, organization
and maintenance of an institution of learning of high grade for the education of the
youth in industrial and manual training in all the useful industries, in the mechanic’ s
arts, also to give training in literature, science and arts, to be located at Camp Hill,
in Tallapoosa County, Alabama.
Sec.- 5. The said board of trustees, in connection with the faculty of said institute,
shall have authority to grant certificates of proficiency to those students wTho have
creditably completed the prescribed course of study.
Approved February 8, 1901.
Act No. 483.—Laborers’ contracts, etc.
Section 1.—Any person wTho has contracted in wTriting to labor for, or serve, another
for any given time, or any person who has by written contract leased or rented land
from another for any specified time, or any person who has contracted in writing
with a party furnishing the lands, or the lands and the teams to cultivate it, either
to furnish t&e labor, or the labor and teams to cultivate the land, with stipulations,

1207

1208

BULLETIN OF THE DEPARTMENT OF LABOR.

express or implied, to divide the crops between them in certain proportion, and
who before the expiration of such contract and without the consent of the other
party, and without sufficient excuse, to be adjudged by the court, shall leave such
other party, or abandon said contract, or leave or abandon the leased premises, or
the land furnished as aforesaid, and who shall also make a second contract, either
parol or written, of a similar nature or character to any of said aforementioned con
tracts, though differing in some particulars in the terms, stipulations or period of
time, with a different person, without first giving notice to such person of the exist
ence of the said first contract, shall be guilty of a misdemeanor, and on conviction
be fined not exceeding fifty dollars, or sentenced to hard labor for not exceeding six
months, one or both, at the discretion of the court, if not tried by a jury, or at the
discretion of the jury trying the same. And whenever such contract is made by two
or more of such persons, the same shall be considered and held a several as well as
a joint contract on their part: Provided, That the provisions of this act do not apply
to Blount, Cullman and Winston, Jackson and Marshall, Calhoun, Lee, Lawrence,
Dekalb, Morgan, Coosa, Jefferson, Mobile, Etowah, Baldwin, Butler, Escambia,
Perry, Conecuh, Covington, Colbert, Franklin, Cherokee, Fayette and Washington
counties.

Sec. 2. All lawrs and parts of laws, general or special, in conflict with the provisions
of this be, and the same are hereby, expressly repealed.
Approved March 1, 1901.

Act No. 488.—Enticing employees.
Section 1. Section 5505 of the criminal code of 1896 [shall] be so amended as to
read as follows: Enticing away servants, laborers, renters or share-croppers under
written contract.
Any person who knowingly interferes with, hires, employs,
entices away or induces to leave the service or rented premises of another, or attempts
to hire, employ, entice away or induce to leave the service of another, any laborer,
servant, renter, or share-cropper, who has contracted jn writing with another person
for any given time not to exceed one year, before the expiration of the time so con
tracted for, or who knowingly interferes with, hires, employs, entices away, or induces
any minor to leave the services of any person to whom such service is lawfully due,
without the consent of the party employing or to whom such service is due, given in
writing or in the presence of some credible person, must on conviction be fined not less
than fifty ($50) dollars, nor more than five hundred ($500) dollars, at the discretion of
the jury, and in no case less than double the damages sustained by the party whom
such laborer, servant, renter or share-cropper was induced to leave. One-half to the
party sustaining such damage and the other half to the county: Provided, That the
provisions of this act do not apply to the counties of Covington, Jefferson, Dekalb,
Blount, Lauderdale, Conecuh, Lawrence, Cherokee, Marshall, Coosa, Baldwin, But
ler, Escambia, Clay, Cullman, Colbert, Etowah, Fayette, and Franklin.
Approved February 27, 1901.
Act No. 514.—Mine regulations—Inspection, etc., of oil.
Section 1. Only a pure animal or vegetable oil or other material that shall be as
free from smoke as a pure animal or vegetable oil, and not the product or by-product
of rosins, and which shall, on inspection, comply with the test provided for in sec
tion 2 of this act, shall be sold or used for illuminating purposes in the mines in the
county of Jefferson.
Sec. 2. All such miners’ oils or other material used as a substitute therefor shall
be inspected as provided for in this act before being offered for sale or sold for con
sumption for illuminating purposes in the mines of the county of Jefferson, and
such inspection shall be conducted in the following manner: All such oils or other
material must be tested on the basis of 60 degrees Fahrenheit. The specific gravity
shall not exceed 24 degrees Tagliabue. The test shall be made in a glass jar one and
five-tenths (1.5) inches in diameter by seven (7) inches in depth. The Tagliabue
hydrometer must be used. If the oil to be tested is in a congealed or solid state, it
must be heated to a temperature sufficient to make it liquid, and if such tempera
ture is in excess of 60 degrees Fahrenheit the proper deduction as per Tagliabue scale
should be made. In testing the gravity of the oil or other material when possible,
the reading of the hydrometer should be from below and the last line which
appears under the surface of the oil shall be regarded as the true reading. In case
the oil or other material under test should be opaque or turbid one-half of the capillary
attraction shall be deemed and taken to be the true reading. When the test is made

LABOR LAWS---- ALABAMA---- ACTS OF 1900-01.

1209

under difficult circumstances an allowance of one-half degree may be made for pos
sible error in parallox before condemning the oil or other material for use in a mine:
Provided, That oils sold in barrels or bulk in Jefferson County to be shipped to points
outside of the county need not be inspected as required by this act.
Sec. 3. The board of revenue of the county of Jefferson shall at the first regular
meeting after the passage of this act appoint a suitable person, a resident of such
county, who is not interested in manufacturing, dealing, or vending any oil or other
material used for illuminating purposes in mines, as county inspector of miners’ oils,
whose term of office shall be four (4) years from the date of his appointment and
until his successor is appointed and qualified. Such inspector, when so appointed
and qualified, is hereby empowered to appoint as many assistants as he may deem
necessary and said assistants are hereby empowered to perform the duties of inspec
tion, but such county inspector shall be liable for the acts of such assistants appointed
by him. Such county inspector may remove any of said assistants at will and appoint
others in their places. It shall be the duty of such county inspector to provide him
self and his assistants, at the expense of said county inspector, with the necessary
instruments, apparatus, stencils, brands, stamps and labels, for testing and marking
the quality of said miners’ oils or other material, and to promptly inspect all oils or
other materials mentioned herein. Such county inspector and his assistants are
hereby required and it is made their duty to test the quality of all animal or vegetable
oiis or other material which is offered or intended to be offered for sale to be used for
illuminating purposes in the mines of said county. If upon such testing or examination
the same shall meet the requirements herein specified, then such inspector or assistant
shall affix, by stencil, label, or brand on any package, cask, tank, barrel, or other
vessel containing the same, and by stamp or label subscribed with his official signa
ture the words: “ Jefferson County test — degrees,” with the number of degrees at
which such oil or other material bore the test hereinbefore provided for, and the date
of such inspection, after which it shall be lawful for any manufacturer, vendor, or
dealer to sell the same in the county of Jefferson for illuminating purposes in the
mines of said county. But if the oil of other material so tested shall not meet the
requirements he shall mark by stencil, label, or brand in plain letters, on any package,
tank, barrel or other vessel containing the same and by a stamp or label subscribed
with his official signature the words: “ Rejected for illuminating purposes in the
mines of Jefferson County,” giving the date of such inspection, and it shall be unlaw
ful for the owner or the person in possession thereof to sell such oil or other material
so branded as rejected, to be consumed within the county where the inspection was
made for illuminating purposes in mines ; and if any person shall sell or offer for
sale such rejected oil or other material, he shall be deemed guilty of a misdemeanor,
and upon conviction shall be subject to a penalty in any sum not more than five
hundred dollars and may be also imprisoned in the county jail not exceeding thirty
days or both at the discretion of the court or jury trying the same.
Sec. '4. If any person or persons or the agent of &ny person shall sell or attempt to
sell to any person in the county of Jefferson any such oils or other materials, to be
consumed within said county for illuminating purposes in the mines of said county
before having the same inspected as provided in this act shall be deemed guilty of a
misdemeanor and shall be subject to a penalty and upon conviction thereof shall be
fined in any sum not more than five hundred dollars and may also be imprisoned in
the county jail not exceeding six months, or both, at the discretion of the court or
jury trying same.
Sec. 5. Any person who shall knowingly use for illuminating purposes in the
mines of the county of Jefferson any oil or other substance used as a substitute there
for before the same has been duly inspected and approved as required by this act
shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any
sum not more than two hundred dollars.
Sec. 6. Any person selling or in any way disposing of an empty or partly empty
barrel, cask, package, or other vessel which has been branded, stamped, or labeled
by the inspector or assistant inspector as required by section 3 of this act before
thoroughly cancelling, removing, and effacing the inspection brand on same, shall be
deemed guilty of a misdemeanor and upon conviction shall be fined for each offense
in any sum not more than fifty dollars and may also be imprisoned in the county
jail for not more than sixty days.
Sec. 7. It shall be the duty of said county inspector or his assistants to inspect the
miners’ oils or other material used as a substitute therefor within two days after its
receipt in said county and any inspector or assistant who shall purposely or willfully
fail to comply with the provisions of this section shall be deemed guilty of a misde
meanor and upon conviction shall be fined in any sum not more than two hundred
dollars.

1210

BULLETIN OF THE DEPARTMENT OF LABOR.

Sec. 8. Any person not a duly authorized inspector or assistant who shall brand
with any inspector’ s brand, stamp, or label any barrel, cask, package, tank, or other
vessel containing oil or other material for illuminating purposes in the mines of the
county of Jefferson or any person who shall fill or cause to be filled for use any
package, cask, barrel, tank, or other vessel having an inspector’ s brand thereon with
out first having the oil or other material inspected and approved as this act provides,
shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any
sum not more than three hundred dollars.
Sec. 9. No inspector or assistant shall while in office traffic, directly or indirectly,
in any article which may be used for illuminating purposes in the mines of the county
of Jefferson and in case of any violation of this section by the inspector or his assist
ants, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in any sum not exceeding five hundred dollars and shall be removed from
office as such mspector or assistant by the appointing board. All controversies and
disputes arising at any time between the inspector and the manufacturers or dealers
in reference to the correctness of the test ana inspection shall be submitted to the*
State chemist at Auburn for decision and the decision of such chemist shall be final.
Sec. 10. Every package, cask, barrel, or other vessel containing miners’ oil, or
substitute therefor, shall be duly and carefully inspected and the same shall not be
marked as approved until the material therein shall have been inspected as herein
before provided. Any inspector or assistant who shall violate the terms of this sec
tion shall be removed from office by the appointing board when the offense has been
proven to the satisfaction of such appointing board.
Sec. 11. The county inspector or his assistants within said county shall have the
power to enter any place or building where oils or other materials as before desig
nated in this act are kept in store for sale or consumption in said county; they shall
have the power also to reinspect any miners’ oils or substitute therefor in said county
which they have reason to suspect is below the standard required by law; provided
no fee shall be charged for such reinspection.
Sec. 12. As full compensation for his services the county inspector shall receive
three-fourths (f ) of a cent per gallon if inspection of such oils or other materials is
made in quantities in bulk not less than five thousand gallons. If inspected in bulk
in less quantities than five thousand gallons, one (1) cent per gallon; if inspected in
barrels or other vessels other than tanks he shall receive two (2) cents per gallon, and
railroad fare and other expenses if the inspector has to go outside the town where he
makes his office to inspect same. In no case shall any tees greater or less be charged
than those herein provided for. In all cases the articles inspected shall be held sub
ject to the payment of the fees which shall be a lien on the oil or other material
inspected, whether in the hands of the carrier, agent, or owner, and it shall be unlawTful for any person or persons to remove any oils or other material inspected as herein
provided without first discharging such fees. Any carrier, bailee, or other persons
paying such fees shall have a lien on the oil or other material for the amount of the
fee so paid.
Approved February 27, 1901.
Act No. 731.— Trade marks, etc., of trades unions.
Section 1. Whenever any union or association of workingmen shall adopt and
use and shall file in the office of the secretary of state, as hereinafter provided, any
label or device for the purpose of designating and distinguishing any goods, wares, or
merchandise or other product of labor as having been made, manufactured, produced,
or prepared by such association or union of workingmen or by a member or mem
bers of such association or union, it shall be unlawful for any person to counterfeit
or imitate such label or device or to alter such counterfeit or imitation or to attach
such label or device, or any counterfeit or imitation thereof, to any goods, wares,
merchandise, or other product of labor without the consent of such association or
union, and any person wrho counterfeits or imitates such label or device or alters
such counterfeit or attaches such label or device or any counterfeit or imitation
thereof to any goods, wares, or merchandise, or other product of labor without the
consent of such association or union, shall be guilty of a misdemeanor, and may be
punished by a fine not exceeding one hundred dollars.
Sec. 2. Before such label or device shall be entitled to the protection hereby
afforded, such association or union of workingmen shall file a copy or fac simile of
such label or device in the office of the secretary of state, and shall pay a fee of one
dollar for such filing.
Sec. 3. All laws or parts of laws in conflict herewith be and the same are hereby
repealed.
Approved March 1, 1901.

LABOR LAWS---- ALABAMA---- ACTS OF 1900-01.

1211

Act No. 818.—Exemption of wages— Tuscaloosa County.
Section 1. Section 2038 of the code of Alabama, so far as the same relates to Tus
caloosa County, [shall] be amended so as to read as follows:
Section 2038. Exemption of wages of employees.—Unless they shall prior to the
issue of the writ of garnishment have by instrument in writing waived their right to
claim such wages as exempt to them, the wages, salaries, or other compensation of
laborers or employees, residents of this State, to the amount of twenty-five dollars
per month, shall also be exempt from levy under writs of garnishment or other
process for the collection of such debts and when the fact of such indebtedness is
disclosed by the answer of the garnishee unless there shall have been a waiver of
the right to claim such wages as exempt as hereinbefore provided the levy to the
amount of $25 per month shall be void, and the same shall be dismissed by the court
before whom filed unless the plaintiff in garnishment shall contest the answer of the
garnishee as now provided by law in such cases.
Approved March 2, 1901.
Act No. 970.—Mine regulations.
Section 1. Section 19 of “ An act entitled an act to regulate the mining of coal in
Alabama, approved February 16,1897,” [shall] be amended so as to read as follows:
Section 19. Be it further enacted, That the owner, agent, or operator of any under
ground mine in this State shall make or cause to be made by a competent engineer
an accurate and exact map of said mines showing the exact position of said mine in
reference to the section lines which shall be connected with some known boundary
line of the section or subdivision of the section. That said map shall show accurately
the position of any branches, creeks, or rivers under which said mine may extend;
also, as near as possible, the position of any old mine near by, and that said map
shall be sworn to by the engineer making same. That the original map provided
for herein shall be filed during the month of January next after the opening of said
mine and shall show its condition on the first day of such January, and all new
work inside of the mine must be added to said map, or a new map filed, each year
thereafter, showing the condition of the mine on the first day of January of the same
year; and this provision for additions to maps shall apply to all the maps which
have heretofore been filed in the office of the chief inspector of mines. That said
maps shall be filed in the office of chief inspector of mines who shall provide a suit
able and safe place for keeping them. That the chief inspector of mines with the
approval of the board of examiners may refuse to accept maps made by persons
claiming to be mining engineers who are not known to be such and of good stand
ing and character in their profession. That the mine boss in charge of such mines
shall certify to the correctness of such map and the additions made thereto. That
said map shall be made on a uniform scale of 100 feet to the inch, and any person
may secure a copy of any map on file in the inspector’ s office, by paying reasonable
charges for making such map, and such copy when certified by the inspector shall
be evidence in any court in this State. That it shall be the duty of the chief inspector
of mines during the first three days of January of each year to forward or cause to
be forwarded by express or by other safe means of transmitting at the expense of
the agent, owner, or operator of the respective mines all maps on file in his office
of mines in operation to the chief office of the respective mines as such chief office
shall be reported to him, in order that said maps may be revised showing the
condition of the mine on the first day of January of each year, and it shall be the
duty of such owner, agent, or operator of each mine in this State to have such maps
revised during the month of January of each year, and return the same to the office of
the chief mining inspector, charges prepaid, during said month of January of each
year, and if said maps shall not be so returned, the chief mining inspector shall
charge for the time in default at the rate of one dollar per day for each day’ s delay
after the last day of January, and he shall not file any such delayed map until the
fine has been paid, and all "fines collected under this section shall be paid by him
into the State treasury.
Approved March 4, 1901.
Act No. 988.—Incorporation of the Alabama Girls’ Industrial School.
Section 1. The Alabama Girls’ Industrial School, heretofore established at Mon-

tevallo, is hereby declared to be a body corporate under the corporate name of “ Ala
bama Girls’ Industrial School,” and by that name may sue and be sued, contract,
take and hold real and personal property and have all the powers of a corporation
established to carry on a State educational institution of the highest grade and rank.

351 No. 37—01
—

------------

1212

BULLETIN OP THE DEPARTMENT OF LABOR.

Sec. 3. Said school is established for the purpose of giving therein instruction in the
liberal arts and sciences; English language and literature, the science and art of teach
ing as a profession; music, drawing, painting, decorative art, botany, horticulture,
floriculture, scientific dairying, cooking, sewing, dressmaking, millinery, bookkeep
ing, stenography, typewriting, telegraphy, and any and every other branch of human
knowledge or industry by which women may live.
Sec. 4. The trustees of said school, by and with the advice and consent of the

president and the faculty, shall have the power to confer regular and honorary
degrees upon such persons as they deem wrorthy thereof, and to grant and confer
degrees, diplomas, or certificates of proficiency or distinction upon such students as
may be entitled thereto under the laws established by the trustees governing this
subject.
S ec. 10. Any white girl residing in Alabama of good moral character, in good
health and of sufficient physical and mental development to be judged of by the pres
ident and over the age of fifteen years, who shall comply with all the requirements
prescribed by the trustees, may be admitted into said school, and upon completing
the course of study prescribed at the time of her admission to the satisfaction of the
faculty, shall receive the degree and diploma or certificate she may have earned.
Whenever the accommodations of the school are sufficient to admit more students
than apply from Alabama, then students from other States, Territories, or foreign
countries may be received and instructed in said school upon such terms and condi
tions as may be imposed by the trustees.
Sec. 12. The trustees o f said school shall have the right to appoint one student
from each Congressional district, possessing the qualifications hereinbefore prescribed,
who shall be boarded and instructed in said school free of all charge for board, wash
ing, lights, books, or incidental fees, but a student shall not be eligible for appoint
ment for more than four years.
Sec. 13. As far as may be practicable students in said school shall be employed in
giving assistance in any department or work of said school to enable them to obtain
instruction therein, but students shall be employed only in cases and to the extent
that they may be able to render efficient service without injury to themselves or to
the school.
Sec. 15. Instruction in said school shall be given without charge to all pupils
admitted who are residents of this State; whenever there are more applicants for
admission into said school on or before the 1st day of August in any year than can
be received, the pupils admitted shall be apportioned to every county according to
the population thereof, as shown by the last census.
Approved March 4, 1901.
A ct N o. 998.—Payment of wages—Repeal.

Section 1. The act of the general assembly, approved February 10th, 1899, entitled
“ An act to make checks issued by persons, firms, manufacturers, and corporations in
the county of Butler redeemable either in merchandise or money, at the option of
the holder,” is hereby repealed in so far as the same relates to Butler County.
Approved March 4, 1901.
A ct N o. 999.—Primary elections—Protection of employees as voters.
Section 12. It shall be unlawful for any firm, corporation, or officer or agent of
the same or any individual, to coerce or intimidate any person in their employ,
qualified to vote at such election, to vote for any particular candidate in such elec
tion, or not to vote for any particular candidate in such election, and on conviction
of the same must be fined not less than fifty nor more than five hundred dollars.
Sec. 23. All laws and parts of laws in conflict with this act be and the same are
hereby repealed: Provided, That the provisions of this act shall apply only to Jeffer
son County.
Approved March 4, 1901.
A ct N o. 1081.— Convict labor.
Section 1. Section 4476 of the code of 1896 [shall] be amended so as to read as

follows:
Section 4476. (4648.) Not less than twenty hired to one person or kept at one
prison; violation, misdemeanor, exception.—Not less than twenty State or county
convicts shall be hired to any one person or kept at any one prison, and none of
those hired to any person must be related to him by consanguinity or affinity and

LABOR LAWS---- ALABAMA---- ACTS OF 1900-01.

1213

they shall be governed, worked, and guarded as prescribed by the rules and regula
tions for working penitentiary convicts outside the walls. But when convicts are
worked in the county where convicted less than twenty may be worked in one place.
That the provisions of this bill shall not apply to mining and quarrying enterprises.
Approved March 5, 1901.

Act No. 1137.—Mine regulations—Mining inspectors.
Section 1. Section 2899 of the code is hereby amended so as to read as follows:
Section 2899. Inspectors of mines appointed by the governor; terms; salaries.—

There shall be appointed by the governor of Alabama three inspectors of coal mines
within ten days of the first day of May, 1897; one of them shall be designated as chief
mining inspector, and the other two shall be designated as associate mining inspect
ors. The chief mining inspector shall hold his office for three years from said date;
one of the associate mining inspectors shall hold his office for two years, and the
other associate mining inspector shall hold his office one year from said date: Pro
vided, however, That at the expiration of said term of office, as above provided, the
successors of said inspectors, respectively, shall hold his office for a term of three
years. The salary of the chief inspector shall be $1,500 per annum, and the salary
of each of the associate inspectors shall be $1,200 per annum.
Approved March 5, 1901.

H AW AII.
CIVIL LAWS OF 1897.

Chapter 59.—Exemption from taxation.
Section 817 (as amended by section 9 of chapter 339, acts of Congress of 1899-1900).
Except as herein provided, all real property and all personal property within the
Territory shall be subject to an annual tax of one per cent upon the full cash value
of the same.
Sec. 837 (as amended by section 9 of chapter 339, acts of Congress of 1899-1900).
Provided, however, That the tax of one per cent herein imposed upon property shall
be collected only upon property in excess of the value of three hundred dollars, be
the same real or personal.
Such exemption shall be allowed in but one taxation district of the Territory, and
that taxation district shall be the one in which the property owner resides.
And further provided, That no exemption shall be allowed from the property of
corporations, companies, estates of deceased persons, or nonresidents.
And further provided, That a tenant, lessee, or occupier of any real property that
is exempt from taxation, shall not by reason thereof be exempt from taxation, but
shall be assessed and shall be subject to taxation, in respect to the value of his interest
in any such real property.
Chapter 64.—Stamp duties—Labor contracts.
Section 918. From and after the coming into operation of this act, there shall be
due and payable to the government [of the Territory] in respect of the several deeds,
documents, and instruments mentioned and specified in the schedule hereinunder
written, the several sums of money for stamp duty set forth in the said schedule.
Sec. 941. Schedule.— * * * Contracts between masters and servants for labor,

$ 1. 00.

If for more than one year, then for each year or part of a year after the first, $1.00.
(This duty to be charged on the original and duplicate copies, fifty cents on each
copy for each year, or fractional part thereof, of the term of the contract, and to be
paid by the employer.) * * *

Chapter 73.— Convict labor.
Section 1056. All prisoners sentenced to imprisonment at hard labor shall be con
stantly employed for the public benefit, on the public works, or otherwise, as the
marshal, with the approval of the minister of the interior may think best.
Sec. 1057. The minister of the interior is hereby empowered, in his discretion, to
detail for labor on any public road, upon application to that purpose from any road
supervisor, as many prisoners as he may deem necessary for such work; said pris
oners to be under the care of their usual overseers and subject to the road supervisor
only as far as regards the mode of their employment.

1214

BULLETIN OF THE DEPARTMENT OF LABOR.

Sec. 1058. When such prisoners can not be well employed in the performance of
any public work, the marshal, with the approval of the minister of the interior, may
let them out to labor for private individuals, upon such terms as he may deem
proper: Provided, always, that such prisoners shall be locked up within the prison
every night.
Sec. 1059. Female prisoners shall be kept entirely separate from the male prisoners,
and shall be employed in making mats, in sewing, in washing the clothes of the
prisoners, and in such other suitable occupations as the marshal shall direct.
[Note.—Chapter 339, of the acts of Congress of 1899-1900, 1st sessior; Fifty-sixth
Congress, entitled “ An act to provide a government for the Territory of Hawaii,”
leaves the above sections [1056 to 1059] of lawrs of the Republic of Hawaii in force
and unrepealed, but it abolishes the offices of “ marshal” and “ minister of the
interior.” It provides, however, for a superintendent of public works who shall
have the powers and duties of the minister of the interior relating to public works,
and for a high sheriff who shall have the power and duties of the marshal.]
Chapter 95.—Exempt'on from execution.
Section 1483. The following property, when owned by any person being a house
keeper, and having a family, shall be exempt from levy and sale on execution:
The family Bible, family pictures, and school books, two swine or six goats, and
all necessary fish, meat, flour, and vegetables, and one piece of land wThere kalo is
growing, or any other vegetable, provided the same does not exceed one-half an
acre, actually cultivated for family use, likewise a house lot not to exceed onequarter of an acre, and the dwelling house and other buildings thereon situated, pro
vided the value thereof shall not exceed two hundred and fifty dollars. But this
exemption shall not apply to mechanics and material men for labor performed and
material furnished in the erection of such buildings. All necessary wearing apparel,
mats, beds, bedsteads, and bedding, for such person and his family. One poi board,
two calabashes, one o-o, one table, six chairs, six knives and forks, six plates, six
teacups and saucers, one sugar dish, one milk pot, one teapot, one coffeepot, and six
spoons. The tools and implements of any mechanic necessary for carrying on his
trade or business, not exceeding fifty dollars in value. * * *
Chapter 111.—Mechanics* liens.
Section 1741. Any person or association of persons furnishing labor or material to
be used in the construction or repair of any building, structure, railroad, or other
undertaking, shall have a lien for the price agreed to be paid for such labor or mate
rial (if it shall not exceed the value thereof) upon such building, structure, railroad,
or other undertaking, as well as upon the interest of the owner of such building,
structure, railroad, or other undertaking in the land upon wrhich the same is
situated.
Sec. 1742. The lien provided in the first section hereof shall not attach unless a
notice thereof shall be filed in writing in the office of the clerk of the circuit or
supreme court, as the case may be, wThere the property is situated, and a copy of the
notice be served upon the owner of the property. Such notice shall set forth the
amount of the claim, the labor or material furnished, a description of the property
sufficient to identify the same, and any other matter necessary to a clear understand
ing of the same. The lien shall continue for three months, and no longer, after the
completion of the construction or repair of the building, structure, railroad, or other
undertaking against which it shall have been filed, unless the same shall have been
satisfied, or proceedings commenced to collect the amount due thereon by enforcing
the same.
Sec. 1743. The clerks of the supreme and circuit courts shall keep in each office a
book called “ Mechanics’ Lien Record,” in which shall be entered a memorandum
of each lien filed. The record shall be arranged alphabetically in the name of the
owner of the property, and shall state in addition to such name the amount of the
lien or claim, by whom filed, the date of filing, a brief description or identification of
the property against which it is filed, the date of proceeding to enforce, the date of
discharge, and any other matter deemed necessary.
Sec. 1744. The lien herein provided shall have force only from the date of filing.
It shall have priority in the order of filing over other liens of any nature, and shall
be subject to any prior recorded lien or judgment. Whenever the lien hereby pro
vided shall be satisfied (other than by the limitations expressed in section 1742), a
written notice thereof shall be filed with the clerk of the supreme or circuit court,
as the case may be, which shall be noted in the Mechanics’ Lien Record.

LABOR LAWS— H AW AII---- ACTS OF 1897.

1215

Sec. 1745. The liens hereby provided may after demand and refusal of the amount
due, or upon neglect to pay the same upon demand, be enforced by proceedings in
any court of competent jurisdiction, by service of summons, as now practiced. Such
summons shall set forth the ordinary allegations in assumpsit, and, in addition
thereto, note that a lien has been filed. Before proceeding to trial, the defendant
shall be served with a detailed specification of the claim, provided that no such
specification shall have been furnished before proceedings were commenced. Judg
ment upon such proceedings shall be as in ordinary cases, and may be enforced by
execution as now allowed. In case the contract for services or material upon which
the lien has accrued shall have been directly with the owner of the property, an
attachment may issue in connection with the suit upon the filing of a bond of
indemnity to the said owner in such sum as the magistrate or court may fix. If it
shall appear that such bond is insufficient, the magistrate or court shall cause a new
bond to be filed for a greater amount, or with additional security.
Sec. 1746. Whenever the work or material for which a lien is filed shall be furnished
to any contractor for use as set forth in section 1741, the owner may retain from the
amount payable to the contractor sufficient to cover the amount due or to become
due to the person or persons wTho filed the lien.
Chapter 123.—Earnings of married women.
Section 1886. All work and labor performed, or services rendered by a married
woman for or to a person other than her husband and children, shall, unless there is
an express agreement on her part to the contrary, be presumed to be performed or
rendered on her separate account.

PENAL LAWS OF 1897.
Chapter 10.— Kidnaping, etc.

Section 70 (as amended by section 9 of chapter 339, acts of Congress of 1899-1900).
Whoever kidnaps, that is, forcibly or fraudulently and deceitfully, and without
authority by law, imprisons, seizes, detains, or inveigles away any person, with
intent to cause such person to be secreted within this Territory against his will, or
sent out of this Territory against his will, or sold or held as a slave, shall be punished
by a fine not exceeding one thousand dollars, and be imprisoned at hard labor not
more than two years.
Chapter 35.—Sunday labor.
Section 317. All labor on Sunday is forbidden, excepting w*orks of necessity or
mercy, in which are included all labor that is needful for the good order, health,
comfort, or safety of the* community, or for the protection of property from unforeseen
disaster, or danger of destruction or injury, or which may be required for the pros
ecution of or attendance upon religious worship, or for the furnishing of opportunities
of reading or study: Provided, however, that on Sunday until nine o’ clock in the
morning barber shops may be kept open and fresh meat and fresh fish may be sold
and delivered; that until nine o’ clock in the morning and after three o’ clock in the
afternoon milk may be delivered and cattle, sheep, and swine may be slaughtered;
that during the entire day meals may be sold to be eaten on the premises where sold
or served elsewhere by caterers, drugs, medicines, and surgical appliances may be sold,
personal baggage may be conveyed to and from vessels leaving and arriving at port
on that day, that the railroads may on Sunday carry passengers to connect with the
steamers and public carriages, horse cars and licensed shore boats may convey passen
gers for hire, and that all labor which may be lawfully performed "on Sunday shall
be conducted, as far as possible, so as not to interfere with the right of the commu
nity and of each individual to quiet and repose.
Sec. 318. All public amusements, sports, shows, and games on Sunday are hereby
forbidden, and no one shall so prosecute or take part in any recreation, amusement,
sport, or game not of a public character, on Sunday, in such a manner as to interfere
with the right of the community and of each individual to quiet and repose.
Sec. 319. Any person violating any of the provisions of sections 317 or 318 shall,
on conviction, be fined not over fifty dollars or be imprisoned not over thirty days.
Sec. 321. Sunday, within the meaning of the provisions of this act, is the first day
of the week and includes the time between the midnight preceding and the midnight
following the same day.

1216
C

BULLETIN OF THE DEPARTMENT OF LABOR.
h a p t e r

59.—Lodging houses for contract laborers, etc.—Sanitary provisions.

Sections 938. Every house or tenement used or occupied as a dwelling for lodgers
or contract laborers shall be kept by its owner in good repair, and wTith roof water
tight, and shall have the capacity of not less than three hundred cubic feet of space
for each adult, or nine hundred cubic feet for one man and woman and two children.
Sec. 939. The yard and grounds about all dwellings shall be well drained and kept
free from rubbish of every description, with a closet, or privy, also to be kept in
repair by the lodging-house keeper or employer of laborers, for every six adults.
Sec. 940. Every owner or keeper and every other person having the care or man
agement of a lodging house or of a dwelling for contract laborers shall at all times
when required by the board of health or its agents give free access to such house or
any part thereof.
Sec. 941. Every lodging-house keeper or employer of laborers who shall fail to
comply with the provisions of this act shall pay a fine not exceeding fifty dollars.

I N D E X.
Page.
Accidents to labor as regulated by law in the United States................................................................... 1-28
Agricultural, industrial, and commercial associations in France and her colonies........ 385,336,971-973
Agricultural laborers in Great Britain and Ireland, wages and earnings of................................... 794-796
Arbitration, reports of State boards of:
Massachusetts........................................................................................................................................ 141,1178
O h io................................................................................................................................................................
787
Attachment of wages in France.................................................................................................................... 336-340
British conspiracy and protection of property act, the, and its operation....................................... 305-322
British workmen’s compensation act, the, and its operation............................................................... 103-132
Building and loan associations, State reports on:
California................................................................................................................................................... 332,333
New York................................................................................................................................................... 333,334
Child labor in Italy........................................................................................................................................ 1193,1194
Cities, statistics o f................................................................................................................................................ 813-958
Commercial, industrial, and agricultural associations in France and her colonies........ 335,336,971-973
Conciliation and arbitration ( s e e Arbitration, reports of State boards of).
Conspiracy and protection of property act, the British, and its operation....................................... 305-322
Cooperative communities in the United States......................................................................................... 583-646
Decisions of courts affecting labor:
Blacklisting—action for damages—sufficiency of declaration.................................................. 529-532
Constitutionality of city ordinance, etc.—contractor to employ none but members of labor
unions—eight hours to constitute a day’s labor...................................................................... 1195,1196
Constitutionality of statu te aiding seamen to desert............................................................................................................... 523-525
city ordinance—hours of labor.....................................................................................................
151
discharge of employee for becoming a member of a labor union.................................. 797-800
examination, licensing, etc., of barbers............................................................................... 800,801
exemption of wages from garnishment, e t c ........................................................................ 342-344
forbidding the institution in a foreign State by a resident of one State of an action
against the wages of a resident of the same State......................................................... 344-347
issuance of tickets or cheeks redeemable only in goods regulated.............................. 801-805
laborers’ liens—prior mortgages.............................................................................................. 808-810
“ labor law ” —prevailing rate of wages................................................................................. 805-808
license tax on emigrant agents................................................................................................ 976-978
mechanics’ lien la w ................................................................................................................. 1196,1197
payment of w ages........................................................................................................................ 525,526
priority of claims for wages over claims under chattel mortgages............................ 1198,1199
screens to protect motormen on electric cars...................................................................... 979-981
weighing of coal before screening........................................................................................... 981-983
Contract of employment—discharge for cause—entire contract—part performance..........810,811
Discharge of employee—liability of third person for false statements made to employer.. . 1202
Employers’ lia b ility assumption of risk by employee—dangerous m achinery................................................ 355,356
constitutionality of statute limiting amount of damages to be recovered................. 151-153
construction of statute—guarding of m achinery........................................................... 1199,1200
construction of statute—negligence of the employer....................................................... 527,528
construction of statute—recovery of damages thereunder by nonresident alien___ 153-156
contract of indemnity—rights of employee against indemnitor................................... 532-534
contributory negligence—assumption of risk—construction of statute...................... 983-985
contributory negligence—construction of statute............................................................. 347,348
duties o f the employer—assumption of risk by the employee....................................... .534-536
duties o f the employer—negligence—assumption of risk by employee....................... 356,357
duties o f the employer—negligence of independent contractor................................... 357-359
duty of employer—construction of statute—question for j ury....................................... 156-159
effect'of release of claim for damages..................................................................................... 359,360
fellow-servants—vice-principals—negligence of the employer......................................... 811,812
municipal corporations............................................................................................................... 360-362
negligence of iellow-servants—effect of masters’ promise to remedy dangerous con
ditions of work........................................................................................................................... 536,537
negligence—vice-principal—fellow-servants........................................................................ 537,538
railroad companies—breach of contract of employment by employer........................ 538,539
railroad companies—competency of official schedule of wages as evidence—fellowservants........................................................................................................................................ 539-541
railroad companies—construction of statute—contributory negligence.......................159,160
railroad companies—construction of statute—fellow-servants....................................... 348-350
railroad companies—contributory negligence of the employee..................... 350-352,985,986
railroad companies—duties of the employer—assumption of risk by the employee. 541-543
railroad companies—duties of the employer—fellow-servants....................................... 543-545
railroad companies—effect of release given in consideration of employment upon
right to maintain suit for damages.....................................................................................922,993

1217

1218

n n > EX

Decisions of courts affecting labor—Concluded.
Page.
Employers' liability—Concluded.
railroad companies—effect of release of claim for damages executed under mis
apprehension............................................................................................................. 545,546
railroad companies—employee riding as a passenger, but paying no fare............... 546-548
railroad companies—fellow-servants—construction of statute.................................. 528,529
railroad companies—fellow-servants—laws of foreign State..................................... 993,994
railroad companies—liability of a common carrier to employee injured while being
transported gratuitously........................................................................................... 549,550
railroad companies—maintenance of suit against receiver....................................... 986-988
railroad companies—negligence.................................................................................. 160,161
railroad companies—ratification by employer of customary violation of rules by
employees.................................................................................................................. 161,162
railroad companies—release of claim for damages..................................................... "94-996
.railroad companies—validity of release of claim for damages.................................. 550-553
vice-principal—negligence of fellow-servant............................................................. 553-555
Enticing employees to join labor unions—interference of third persons—injunction__ 988-991
Exemption of wages from garnishment—whom entitled as a “ laborer” .......................... 991,992
Nonliability of county for wages due employees of subcontractor—effect of failure to
require execution of bond by contractor.......................................................................... 555-557
Right of employer to stop wages of employee to make up loss suffered through employee’s
mistake—effect of receipt in full........................................................................................ 557,558
Seamen—
suit for wages—credit for prohibited payments........................................................ 352,353
suits for wages—jurisdiction of State courts........................................................... 1200,1201
validity of shipping articles—right to leave vessel................................................... 353-355
Street railways—not negligence to attempt to operate cars during strike of employees___ 1203
Strikes—powers of court of equity to issue injunction.....................................................•1203-1206
Digest of recent foreign statistical publications:
Austria—
Der Arbeiterschutz bei Yergebung offentlichcArb$iten und Lieferungen..................
971
Die Arbeitseinstellungen und Aussperrungen in Osterreich wahrend des Jahres
1898 .......................................................................
142-146
Die Arbeitseinstellungen und Aussperrungen in Osterreich wahrend des Jahres
1899 ......................................................................................................................... 500-505
Belgium—
Annuaire de la Legislation du Travail. 3* ann£e, 1899 ......................................................
788
Rapport sur les Travaux de la Commission des Pensions Ouvrieres................................
335
Denmark—
Arbejdslonnen i Kobenhavn med Nabokommuner i Aaret 1898.......................................
146
Strejker og Lock’outs i Danmark 1897-1899...................................................................... 1179-1184
France—
Annuaire des Syndicats Professionnels, Industries, Commerciaux et Agricoles constitues conform£ment & la loi du 21 Mars 1884, en France et aux Colonies................. 335,
336,971-973
Saisie-Arr6t sur les Salaires....................................................................................................... 336-340
Statistique des Graves et des Recours a la Conciliation et a r Arbitrage Survenus
Pendant 1’AnnSe 1899............................................................................................................... 505-512
Germany—
Die Deutsche Volkswirthschaft am Schlusse des 19. Jahrhunderts..................................
146
Streiks und Aussperrungen im Jahre 1899............................................................................ 512-516
Great Britain—
First Annual Abstract of Foreign Labor Statistics. 1898-99........................................... 146,147
Report by the Chief Labor Correspondent on the Strikes and Lockouts of 1899, with
Statistical Tables. 1900........................................................................................................... 516-522
Report on Standard Piece Rates of Wages and Sliding Scales in the United King
dom. 1900 ......................................................................................................................................
794
Report on Standard Time Rates of Wages in the United Kingdom in 1900, with
Comparative T ables....................................................................................................................
793
Report on the W’ages and Earnings of Agricultural Laborers in the United Kingdom.
1900................................................................................................................................................ 794-796
Seventh Annual Report on Changes in Wages and Hours of Labor in the United
Kingdom. 1899.......................................................................................................................... 788-793
Statistics of Proceedings under the Workmen’s Compensation Act, 1897, and the
Employers’ Liability Act, 1880, during the year 1899 ................................................ 1188-1193
Twelfth Report on Trade Unions in Great Britain and Ireland, 1899 ...................... 1184-1188
Italy—
Relazione sull’ applicazione della legge 11 febbraio 1886 sul lavoro dei fanciulii nelle
fabbriche e nelle miniere, dal 1° luglio 1896 al 31 dicembre 1898............................ 1193,1194
Statistica degli Scioperi avvenuti nell’ Industria e nell’ Agricoltura durante P anno
1898................................................................................................................
147-149
Netherlands—
Verslagen der Kamers van Arbeid over 1899............................................................................ 1194
New South W a le s Seventh Annual Report of the Government Labor Bureau of New South Wales, for
the year ending June 30,1899....................................................................................................
973
New Z e a la n d Ninth Annual Report of the Department of Labor of New Zealand, for the year end
ing March 31, 1900 .................................................................................................................... 340,341
Norway—
Tabeller vedkommende Arbeidslonninger i Aarene 1890 og 1895.....................................
150
O ntarioEighteenth Annual Report of the Bureau of Industries for the Province of Ontario,
1899 ...................................................................................................................................................
974
Queensland—
Report of the Officer in Charge, Government Labor Bureau and Relief, for 1898
974,975
Switzerland—
Lohnstatistik des Personals der schweizer. Eisenbahnen..................................................
975

INDEX,

1219

Page.
Digest of recent reports of State bureaus of labor statistics:
California.............................
778,779
Colorado.................................
780-782
Connecticut................................................................................................................................... 323,324,963-966
Indiana.......................................................................................................................................................... 782-784
Kansas............................................................................................................................................................ 133-135
Maine........................................................................................................................................................... 1171-1173
Maryland.................................................................................................................................... 135,136,1173,1174
Michigan..................................................................................................................................... 136-139,1174-1177
M innesota..................................................................................................................................................... 966-970
Missouri......................................................................................................................................................... 784,785
New Hampshire.......................................................................................................................................... 786,787
New York....................................................................................................................................................... 494-498
North Carolina.............................................................................................................................................. 324-326
North Dakota............................................................................................................................................ 1177,1178
O h io................................................................................................................................................. 139,140,498,499
Pennsylvania................................................................................................................................................ 327-330
Tennessee....................................................................................................................................................... 140,141
West Virginia................................................................................................................................................ 330,331
Employers’ liability act, 1880, statistics of proceedings under the workmen’s compensation act,
1897, and the, during the year 1899 ....................................................................................................... 1188-1193
Foreign labor laws:
Australasia................................................................................................................................................... 173-269
New South Wales................................................................................................................................. 234-248
New Zealand........................................................................................................................................ 174-234
Queensland............................................................................................................................................ 258-264
South Australia..................................................................................................................................... 249-257
Western Australia............................................................................................................................... 264-269
Canada........................................................................................................................................................... 269-304
Manitoba................................................................................................................................................ 303,304
Ontario................................................................................................................................................... 273-295
Quebec___ - ............................................................................................................................................. 295-303
Holland, the workmen’s compensation act o f .......................................................................................... 490-493
Honolulu, statistics o f ...................................................................................................................................... 959-962
Hours of labor and wages in Great Britain and Ireland, 1899............................................................... 788-793
Industrial, commercial, and agricultural associations in France and her colonies........ 335,336,971-973
Labor, accidents to, as regulatedby law in the United States.................................................................. 1-28
Labor conditions in Porto Rico...................................................................................: ................................ 377-439
Labor councils in the Netherlands...........................................................
1194
Labor laws, foreign ( s e e Foreign labor laws).
Labor, laws relating to ( s e e Laws relating to labor).
Laws relating to labor:
Accidents on railroads—United States................................................................................................ 562,1022
Agents, labor, licensing of—Virginia.......................................................................................................
163
Alabama, labor laws o t .......................................................................................................................... 1207-1213
Alaska, labor laws o f ................................................................................................................................. 164-171
Alien contract labor—
H a w a ii.......................................................................................................................................................
164
United States................................................................................................................................. 164,171,172
Aliens, employment of, on public works—California................................................................... 1007,1008
Barbers, examination, licensing, etc., of—California...................................................................... 997-999
Blowers for emery wheels, etc., in factories—California.................................................................... 1007
Boilers, steam, inspection of ( s e e Inspection of steam boilers).
Bonds not to be required of employees of transportation companies—Massachusetts.............
368
Books, free text, in public schools—New Jersey................................................................................... 1014
Bosses, mine, pit, examination, licensing, etc., of—Iowa..................................................................
364
Bridges over railroads—O hio...................................................................................................................... 1020
Buildings, protection of employees on—California.............................................................................
997
Bureau of labor statistics—
California...................................................................................................................................................
997
Louisiana...................................................................................................................................................
366
New Jersey................................................................................................................................................ 1013
California, labor laws o f ......................................................................................................................... 997-1008
Census printing office, leave of absence for employees in—United States................................... 1022
Certificates of residence for Chinese—H aw aii.......................................................................................
164
Children, employment of ( s e e Employment of children).
Chinese, certificates of residence for—Hawaii......................................................................................
164
Chinese, exclusion, etc., of—United States............................................................................................
164
Civil-service law—laborers, etc., exempt—Louisiana..........................................................................
366
Claims, mining, recording, etc., of ( s e e Recording, etc., of mining claims).
Coal mines—
Alabama..................................................................................................................................... 1208-1211,1213
Iowa......................................................................................................................................................... 363,364
O hio..................................................................................................................................................... 1019,1020
Collection of statistics—
Hawaii........................................................................................................................................................
164
Louisiana...................................................................................................................................................
366
United States............................................................................................................................................
164
Colorado, labor laws o f .................................................................................................................................
559
Commissioner *>f labor—
California...................................................................................................................................................
997
Louisiana...................................................................................................................................................
366
United States............................................................................................................................................
164
Commission, Interstate Commerce—United States........................................................................ 562,1022
Conditional sales—New York......................................................................................................................
374
Contract labor, alien ( s e e Alien contract labor).
Contract laborers, lodging houses for—H awaii..................................................................................... 1216

1220

INDEX,

t
Laws relating to labor—Continued.
Contracts, labor ( s e e Labor contracts).
Page.
Contracts, laborers’—Alabama............................................................................................................ 1207,1208
Contracts of service—California................................................................................................................. 1003
Convict labor—
Alabama.............................................................................................................................................. 1212,1213
California............................................................................................................................................ 1002,1006
District of Columbia............................................................................................................................... 1000
H a w a ii................................................................................................................................................ 1213,1214
Iow a......................................................................................................................................................... 364,365
Louisiana............................................................................................................................................
365,366
Massachusetts....................................................................................................................................... 367,368
Mississippi..................................................................................................................................................
562
New York....................................................................................................................................................
373
O hio............................................................................................................................................................. 1018
Convict-made goods—California......................................................................................................... 1002,1006
Definition of employment—California...................................................................................................... 1003
Department of Labor—United States.........................................................................................................
164
District of Columbia, labor laws o f .................................................................................................... 1008-1013
Dues in labor organizations of railroad employees, forgery, etc., of receipts for—Georgia___
363
Duties, stamp—H aw aii................................................................................................................................. 1213
Earnings of married women—
A laska..................................................................................................................................................... 165,166
District of Columbia............................................................................................................................... 1009
Hawaii......................................................................................................................................................... 1215
Emery wheels, etc., in factories, blowers for—California................................................................... 1007
Employees, enticing (see Enticing employees).
Employees, female, seats for (see Seats for female employees).
Employees in Census printing office, leave of absence for—United States.................................... 1022
Employees, liability of railroad companies for injuries of (see Liability of railroad companies
for injuries of employees).
Employees of navy-yards, leave of absence for—UnitedStates......................................................... 1022
Employees of transportation companies, bonds not to be required of—Massachusetts......................... 368
Employees on buildings, protection of—California..............................................................................
997
Employees on public works, protection of ( s e e Protection of employees on public works).
Employees, protection of, as voters ( s e e Protection of employees as voters).
Employees, railroad, forgery, etc., of receipts for dues in labor organizations of—Georgia.. .
363
Employees, railroad, protection of ( s e e Protection of railroad employees).
369
Employees, street railway, protection of—inclosed platforms—Massachusetts............................
Employees, time for lunch to be allowed ( s e e Time for lunch to be allowed employees).
Employees, time to vote to be allowed ( s e e Time to vote to be allowed).
Employers, forgery, etc., of letters of recommendationgiven by—Georgia...................................
363
Employer’s liability—
California.................................................................................................................................................... 1003
Colorado.....................................................................................................................................................
559
Massachusetts............................................................................................................................................
370
Employment agencies, licensing:, etc., of—Ohio................................................................................... 1022
Employment, definition of—California.................................................................................................... 1003
Employment of aliens on public works—California............................. ..................................... 1007,1008
Employment of children—
California................................................................................................................................... 1004,1005,1008
Massachusetts...........................................................................................................................................
369
O hio.......................................................................................... ......................................................... 1019,1020
( Employment of laborers on public works—
California............................................................................................................................................ 1006,1007
Massachusetts....................................................................................................................................... 368-370
New York....................................................................................................................................................
371
Employment of women—
Louisiana....................................................................................................................................................
365
Maryland....................................................................................................................................................
560
Massachusetts..........................................................................................................................................
369
Employment, termination of—California................................................................................................ 1003
Engineers, hoisting, in mines, examination, licensing, etc., of—Io w a.........................................
364
Engineers, stationary, examination, licensing, etc., of ( s e e Examination, licensing, etc., of
stationary engineers).
Enticing employees—
Alabama...................................................................................................................................................... 1208
Mississippi......................................................... -•......................................................................................
561
Establishment of trade schools—Massachusetts....................................................................................
367
Examination, licensing, etc., of barbers—California...................................................................... 997-999
Examination, licensing, etc., of hoisting engineers in mines—Iow a.............................................
364
Examination, licensing, etc., of mine foremen—Io w a .........................................................
364
Examination, licensing, etc., of mine pit bosses—Iow a.....................................................................
364
Examination, licensing, etc., of plumbers—New Y ork ................................................................... 371-373
Examination, licensing, etc., of stationary engineers—
Iow a......................................................................................................................................................
364
Massachusetts...........................................................................................................................................
367
New York....................................................................................................................................................
374
O hio...................................................................................................................................................... 1015-1017
Examination, licensing, etc., of stationary firemen—Massachusetts.............................................
367
Exclusion, etc., of Chinese—United States...................................................................*........................
164
Execution, etc., exemption from ( s e e Exemption from execution, etc.).
Exemption from execution, etc.—
Alabama................................................................................. .'.................................................................. 1211
Alaska...................................................................................................................................................... 165,166
California............................................................................................................................................... 999-1001
District of Columbia................................................................................................................................ 1009

INDEX.

1221

Laws relating to labor—Continued.
Exemption from execution, etc.—Concluded.
Page.
Hawaii......................................................................................................................................................... 1214
Massachusetts..........................................................................................................................................
367
Rhode Island............................................................................................................................................
376
United States........................................................................................................................................ 165,166
Exemption from taxation—Hawaii........................................................................................................... 1213
Exempt, laborers, etc.—civil-service law—Louisiana..........................................................................
366
Exposition, Ohio Centennial and Northwest Territory— United States.........................................
171
Exposition, Pan-American—United States..............................................................................................
172
Factories and workshops—
California................................................................................................................................. 1001,1007,1008
Louisiana................................................................................................................................................ 365,366
Maryland...................................................................................................................................................
560
Massachusetts..........................................................................................................................................
368
O hio..................................................................................................................................................... 1017,1021
Factories, blowers for emerywheels, etc., in—California.................................................................... 1007
Factories, etc., fire escapes on—Massachusetts......................................................................................
368
Factories, etc., inspection of—Ohio........................................................................................................... 1017
Factories, safety appliances in—Ohio....................................................................................................... 1017
Female employees, seats for ( s e e Seats for female employees).
Fire escapes on factories, etc.—Massachusetts.......................................................................................
368
Firemen, stationary, examination, licensing, etc., of—Massachusetts..........................................
367
Foremen, mine, examination, licensing, etc., of—Iow a....................................................................
364
Forgery, etc., of letters of recommendation given by employers—Georgia...................................
363
Forgery, etc., of receipts for dues in labor organizationsof railroad employees—Georgia____
363
Free text-books in public schools—New Jersey..................................................................................... 1014
Garnishment—
Alabama..................................................................................................................................................... 1211
Alaska.........................................................................................................................................................
165
California................................................................................................................................................... 1000
District of Columbia............................................................................................................................... 1009
Massachusetts..........................................................................................................................................
367
Rhode Island............... J..........................................................................................................................
376
United States............................................................................................................................................
165
Georgia, labor laws o f ...................................................................................................................................
363
Goods, convict-made—California....................................................................................................... 1002,1006
Hawaii, labor laws of...................................................................................................................... 164,1213-1216
Hoisting engineers in mines, examination, licensing, etc., of—Iowa..............................................
364
Hours of labor—
California........>........................................................................................................................ 1005,1006,1008
District of Columbia....................................................................................................................... 1008,1009
Massachusetts...................................................................................................................................... 368,869
New Y o r k .................................................................................................................................................
371
Ohio..................................................................................................................................................... 1021,1022
United States.................................................................................................................................... 1008,1009
Inclosed platforms—Protection of street railway employees—Massachusetts..............................
369
Industrial schools—
Alabama.................................................................................................................................... 1207,1211,1212
Massachusetts ............................................................................................................................. 367,370,371
Mississippi............................................................................................................................................. 560,561
New Jersey.......................................................................................................................................... 1013-1015
Injuries of employees, liability of railroad companies for ( s e e Liabilities of railroad compa
nies for injuries of employees).
Inspection, etc., of mines—
Alabama.................................................................................................................................... 1208-1211,1213
Iowa............................................................................................................................................................
363
Inspection of factories, etc.—Ohio............................................................................................................. 1017
Inspection of steam boilers, etc.—
New York...................................................................................................................................................
374
O h io.................................................................................................................
1021
Intelligence offices—Ohio............................................................................................................................. 1022
Interstate Commerce Commission—United States.......................................................................... 502,1022
Iowa, labor laws o f .................................................................................................................................... 3(53-365
Kentucky, labor laws o f ...............................................................................................................................
305
Kidnaping—
California................................................................................................................................................... 1004
H a w a ii......................................................................................................................................................... 1215
Labor agents, licensing of—Virginia.........................................................................................................
163
Labor, alien contract ( s e e Alien contract labor).
Labor, commissioner of ( s e e Commissioner of labor).
Labor contracts—
Alabama.............................................................................................................................................. 1207,1208
California................................................................................................................................................... 1003
H a w a ii................................................................................................................................................. 164,1213
Mississippi.................................................................................................................................................
561
United States............................................................................................................................................
101
Labor, convict ( s e e Convict labor).
Labor day—District of Columbia.............................................................................................................. 1013
Labor, department of—United States.......................................................................................................
164
Labor, hours of ( s e e Hours of labor).
Labor organizations—
Alabama..................................................................................................................................................... 1210
California................................................................................................................................................... 1005
Georgia.......................................................................................................................................................
363
O hio..................................................................................................................................................... 1018,1019
Rhode Island........................................................................................................................................ 375,376
Labor organizations of railroad employees, forgery, etc., of receipts for dues in—Georgia . . .
363
Labor statistics, bureau of ( s e e Bureau of labor statistics).
Labor, Sunday ( s e e Sunday labor).

1222

INDEX.

Laws relating to labor—Continued.
Page.
Laborers, contract, lodging houses for—Hawaii.................................................................................... 1216
Laborers’ contracts—A la b a m a............................................................................................................ 1207,1208
Laborers, employment of, on public works ( s e e Employment of laborers on public works).
Laborers, etc., exempt—civil-service law—Louisiana.................................................................... 366,867
Laborers’ liens—
Alaska..................................................................................................................................................... 166-171
District of Columbia........................................................................................................................ 1010-1013
Hawaii.................................................................................................................................................... 1214,1215
United States......................................................................................................................................... 166-171
Laborers, protection of wages due—California............................................................................... 1001,1002
Law, civil-service—laborers, etc., exempt—Louisiana..................................................................... 366,367
Leave of absence for employees in Census printing office—United States.................................... 1022
Leave of absence for employees of navy-yards—United States........................................................ 1022
Leave of absence for railway postal clerks—United States............................................................... 1022
Letters of recommendation given by employers, forgery, etc., of—Georgia................................
363
Liability, employer’s ( s e e Employer’s liability).
Liability of railroad companies for injuries of employees—
Colorado........... *........................................................................................................................................
559
Massachusetts..........................................................................................................................................
370
Licensing, etc., of barbers, examination—California...................................................................... 997-999
Licensing, etc., of employment agencies—Ohio................................................................................... 1022
Licensing, etc., of hoisting engineers in mines, examination—Iow a.............................................
364
Licensing, etc., of mine foremen, examination—Iowa........................................................................
364
Licensing, etc., of mine-pit bosses, examination—Iow a.....................................................................
364
Licensing, etc., of plumbers, examination—New York................................................................... 371-373
Licensing, etc., of stationary engineers, examination ( s e e Examination, licensing, etc., of
stationary engineers).
Licensing, etc., of stationary firemen, examination—Massachusetts.............................................
367
Licensing of labor agents—Virginia.........................................................................................................
163
Liens, laborers’ ( s e e Laborers’ liens).
Liens, mechanics’ ( s e e Mechanics’ liens).
Lodging houses for contract laborers—H aw aii..................................................................................... 1216
Louisiana, labor laws o f ............................................................................................................................ 365-367
Lumber mills—California............................................................................................................................ 1001
Lunch, time for, to be allowed employees ( s e e Time for lunch to be allowed employees).
Manual training—
Alabama..................................................................................................................................... 1207,1211,1212
Massachusetts..........................................................................................................................................
367
New Jersey...........................................................................................................................................1013-1015
Married women, earnings of ( s e e Earnings of married women).
Maryland, labor laws o f ............................................................................................................................ 559,560
Massachusetts, labor laws of..................................................................................................................... 367-371
Mechanics’ liens—
Alaska........................................................................................................................................................166-171
District of Columbia.......................................................................................................................... 1010-1013
H a w a ii.................................................................................................................................................. 1214,1215
United States........................................................................................................................................... 166-171
Mills, lumber—California.............................................................................................................................. 1001
Mine foremen, examination, licensing, etc., of—Iow a........................................................................
364
Mine-pit bosses, examination, licensing, etc., of—Io w a ......................................................................
364
Mine regulations—
Alabama..................................................................................................................................... 1208-1211,1213
Iowa......................................................................................................................................................... 363,364
O hio..................................................................................................................................................... 1019,1020
Mines, coal ( s e e Coal mines).
Mines, examination, licensing, etc., of hoisting engineers in—Iowa.............................................
364
Mines, inspection, etc., of ( s e e Inspection, etc., of mines).
Mining claims, recording, etc., of ( s e e Recording, etc., of mining claims).
Mississippi, labor laws of............................................................................................................................ 560-562
Navy-yards, leave of absence for employees of—United States........................................................ 1022
New Jersey, labor laws of..........................................................
1013-1015
New York, labor laws of............................................................................................................................ 371-374
Ohio Centennial and Northwest Territory Exposition—United States...........................................
171
Ohio, labor laws of..................................................................................................................................... 1015-1022
Organizations, labor ( s e e Labor organizations).
Organizations, labor, of railroad employees, forgery, etc., of receipts for dues in—Georgia..
363
Pan-American Exposition—United States..............................................................................................
172
Payment of wages—
Alabama..................................................................................................................................................... 1212
California.................................................................................................................................................... 1008
Io w a.............................................................................................................................................................
364
M aryland....................................................................................................................................................
560
Massachusetts..........................................................................................................................................
370
Pit bosses, mine, examination, licensing, etc., of—Io w a ...................................................................
364
Plumbers, examination, licensing, etc., of—New York................................................................... 371-373
Postal clerks, railway, leave of absence for—United States............................................................... 1022
Preferred, wages—California............................................................................................................... 1001,1002
Printing office, Census, leave of absence for employees in—United S tates.................................. 1022
Printing, public, to be done within the State—Alabam a................................................................... 1207
Protection of employees as voters—
Alabama..................................................................................................................................................... 1212
California............................................................................................................................................ 1003,1004
Kentucky....................................................................................................................................................
365
M aryland....................................................................................................................................................
559
O h io ............................................................................................................................................................. 1020
Protection of employees on buildings—California................................................................................
997
Protection of employees on public works—
California............................................................................................................................................ 1006,1007
District of Columbia........................................................................................................................ 1008,1009

INDEX,

1223

Laws relating to labor—Continued.
Page.
Protection of employees on public works—Concluded.
Massachusetts...................... •................................................................................................................ 368,370
New York...................................................................................................................................................
371
O hio..................................................................................................................................................... 1021,1022
United States.................................................................................................................................... 1008,1009
Protection of railroad employees—
Massachusetts...................................................................................................................................... 367-369
New York............................................................................................................................................... 373,374
O hio..................................................................................................................................................... 1015,1020
V irgin ia.....................................................................................................................................................
163
Protection of street railway employees—inclosed platform—Massachusetts................................
369
Protection of wages due laborers—California................................................................................. 1001,1002
Public printing to be done within the State—Alabama...................................................................... 1207
Public schools, free text-books in—New Jersey..................................................................................... 1014
Public works, employment of aliens on—California.................................................................... 1007,1008
Public works, employment of laborers on ( s e e Employment of laborers on public works).
Public works, protection of employees on { s e e Protection of employees on public works).
Railroad companies, liability of, for injuries of employees { s e e Liabilities of railroad com
panies for injuries of employees).
Railroad employees, forgery, etc., of receipts for dues in labor organizations of—Georgia........
363
Railroad employees, protection of ( s e e Protection of railroad employees).
Railroads, accidents on—United States.............................................................................................. 562,1022
Railroads, bridges over—Ohio.................................................................................................................... 1020
Railroads, safety appliances on ( s e e Safety appliances on railroads).
Railway employees, street, protection of—inclosed platforms—Massachusetts............................
369
Railway postal clerks, leave of absence for—United States............................................................... 1022
Receipts for dues in labor organizations of railroad employees, forgery, etc., of—Georgia.. .
363
Recording, etc., of mining claims—
Alaska........................................................................................................................................................
164
United States............................................................................................................................................
164
Regulations, mine ( s e e Mine regulations).
Rhode Island, labor laws of..................................................................................................................... 375,376
Safety appliances in factories—Ohio......................................................................................................... 1017
Safety appliances on railroads—
Massachusetts..........................................................................................................................................
367
New York............................................................................................................................................... 373,374
O hio..................................................................................................................................................... 1015,1020
Virginia.....................................................................................................................................................
163
Sales, conditional—New York....................................................................................................................
374
Schools, industrial { s e e Industrial schools).
Schools, public, free text-books in—New Jersey................................................................................... 1014
Schools, textile { s e e Textile schools).
Schools, trade, establishment of—Massachusetts...................................................................................
367
Seats for female employees—
Louisiana.........................................................................................
365
Maryland...................................................................................................................................................
560
Service, contracts of—California................................................................................................................ 1003
Stamp duties—Hawaii.................................................................................................................................. 1213
State, public printing to be done within—Alabama........................................................................... 1207
Stationary engineers, examination, licensing, etc., of { s e e Examination, licensing, etc., of
stationary engineers).
367
Stationary firemen, examination, licensing, etc., of—Massachusetts............................................
Statistics, collection of { s e e Collection of statistics).
Statistics, labor, bureau of { s e e Bureau of labor statistics).
Steam boilers, etc., inspection of { s e e Inspection of steam boilers, etc.).
369
Street railway employees, protection of—inclosed platforms—Massachusetts............................
Sunday labor—
Hawaii........................................................................................................................................................ 1215
Louisiana...................................................................................................................................................
365
Taxation, exemption from—Hawaii......................................................................................................... 1213
Tenement houses—California...................................................................................................................... 1005
Termination of employment—California................................................................................................ 1003
Textile schools—
Massachusetts........................................................................................................................................ 370,371
Mississippi.............................................................................................................................................. 560,561
Time for lunch to be allowed employees—
California................................................................................................................................................... 1001
Louisiana...................................................................................................................................................
365
Time to vote to be allowed employees—
Maryland...................................................................................................................................................
559
O hio............................................................................................................................................................ 1020
Trade-marks, etc., of trades unions—
Alabama..................................................................................................................................................... 1210
California................................................................................................................................................... 1005
O hio..................................................................................................................................................... 1018,1019
Rhode Island........................................................................................................................................ 375,376
Trade schools, establishment of—Massachusetts.................................................................................. ' 367
Trades unions, trade-marks, etc., of { s e e Trade-marks, etc., of trades unions).
Training, manual { s e e Manual training).
Trains, workingmen’s—Massachusetts.....................................................................................................
368
Transportation companies, bonds not to be required of employees of--Massachusetts....................... 368
Unions, trades, trade-marks, etc., of (see Trade-marks, etc., of trades unions).
United States, labor laws o f ................................................................................................... 164-172,562,1022
Virginia, labor laws of...................................................................................................................................
163
Vote, time to, to be allowed employees { s e e Time to vote to be allowed employees).
Voters, protection of employees as { s e e Protection of employees as voters).
Wages—
Alabama.............................................................................................................................................. 1211,1212
Alaska..................................................................................................................................................... 165,166

1224
Laws relating to labor—Concluded.

INDEX.
Page.

California........................................................................................................................ 1000-1002,1006,1008
District of Columbia................................................................................................................................ 1009
Io w a.............................................................................................................................................................
364
Maryland.......................................
560
Massachusetts....................................................................................................................................... 867,370
Rhode Island............................................................................................................................................
376
United States......................................................................................................................................... 165,166
Wages due laborers, protection of—California.............................................................................. 1001,1002
Wages, payment of ( s e e Payment of wages).
Wages preferred—
Alaska.........................................................................................................................................................
166
California.......................................................................................................................................... 1001,1002
United States............................................................................................................................................
166
Women, employment of ( s e e Employment of women).
Women, married, earnings of ( s e e Earnings of married women).
Workingmen’s trains—Massachusetts......................................................................................................
368
Workshops, factories and ( s e e Factories and workshops).
Manila, prices of commodities and rates of wages i n ................................................................................. 29-42
Negro landholder of Georgia, the......................................................................................................... 7___ 647-777
Negroes of Litwalton, Virginia, the: A social study of the “ Oyster Negro” ................................1115-1170
Negroes of Sandy Spring, Maryland, the: A social study........................................................................ 43-102
Old-age pension systems in Belgium, report on............................................................................................
335
Paris exhibition, social economics at the.................................................................................................... 440-489
Pension systems, old-age, in Belgium, report on..........................................................................................
335
Porto Rico, labor conditions i n ...................................................................................................................... 377-439
Prices of commodities and rates of wages in Manila..................................................................................... 29-42
Railway employees in Switzerland, wages and social conditions o f ......................................................
975
Railway employees in the United States................................................................................................ 1023-1114
Social economics at the Paris exhibition.................................................................................................... 440-489
State reports on building and loan associations ( s e e Building and loan associations, State reports
on).
Statistics of cities................................................................................................................................................ 813-958
Statistics of Honolulu........................................................................................................................................ 959-962
Strikes and lockouts:
Austria.............................................................................................................................................. 142-146,500-505
Denm ark.................................................................................................................................................... 1179-1184
France............................................................................................................................................................. 505-512
Germany........................................................................................................................................................... 512-516
Great Britain.................................................................................................................................................. 516-522
Ita ly ...................................................................................................................................................................147-149
Trade unions in Great Britain and Ireland, 1899 ................................................................................. 1184-1188
Wages and earnings of agricultural laborers in Great Britain and Ireland, 1900.......................... 794-796
Wages and hours of labor in Great Britain and Ireland, 1899 ............................................................... 788-793
Wages and sliding scales, standard piece rates of, in Great Britain and Ireland, 1900 .....................
794
Wages and social condition of railway employees in Switzerland.........................................................
975
Wages, attachment of, in France.................................................................................................................. 336-340
Wages, rates of, and prices of commodities, in M anila................................................................................ 29-42
Wages, standard time rates of, in Great Britain and Ireland, 1900 .........................................................
793
Workmen’s compensation act of Holland, the.......................................................................................... 490-493
Workmen’s compensation act, 1897, and the employers’ liability act, 1880, statistics of proceed
ings under the, during the year 1899 .................................................................................................... 1188-1193
Workmen’s compensation act, the British, and its operation................................................................. 103-132

LEADING ARTICLES IN PAST NUMBERS OF THE BULLETIN.
No. 1. Private and public debt in the United States, by George K. Holmes.
Employer and employee under the common law, by Y. H. Olmsted and S. D.
Fessenden.
No. 2. The poor colonies of‘Holland, by J. Howard Gore, Ph. D.
The industrial revolution in Japan, by William Eleroy Curtis.
Notes concerning the money of the U. S. and other countries, by W. C. Hunt.
The wealth and receipts and expenses of the U. S., by W. M. Steuart.
No. 3. Industrial communities: Coal Mining Co. of Anzin, by W. F. Willoughby.
No. 4. Industrial communities: Coal Mining Co. of Blanzy, by W. F. Willoughby.
The sweating system, by Henry White.
No. 5. Convict labor.
Industrial communities: Krupp Iron and Steel Works, by W. F. Willoughby.
No. 6. Industrial communities: Familistere Society of Guise, by W. F. Willoughby.
Cooperative distribution, by Edward W. Bemis, Ph. D.
No. 7. Industrial communities: Various communities, by W. F. Willoughby.
Bates of wages paid under public and private contract, by Ethelbert Stewart.
No. 8. Conciliation and arbitration in the boot and shoe industry, by T. A. Carroll.
Kail way relief departments, by Emory K. Johnson, Ph. I).
No. 9. The padrone system and padrone banks, by John Koren.
The Dutch Society for General Welfare, by J. Howard Gore, Ph. D.
No. 10. Condition of the Negro in various cities.
Building and loan associations.
No. 11. Workers at gainful occupations at eensusesof 1870,1880,and 1890, by W.C. Hunt.
Public baths in Europe, by Edward Mussey Hartwell, Ph. D., M. D.
No. 12. The inspection of factories and workshops in the U. S., by W. F. Willoughby.
Mutual rights and duties of parents and children, guardianship, etc., under
the law, by F. J. Stimson.
The municipal or cooperative restaurant of Grenoble, France, by C. O. Ward.
No. 13. The anthracite mine laborers, by G. O. Virtue, Ph. D.
No. 14. The Negroes of Farmville, V a.: A social study, by W. E. B. Du Bois, Ph. D.
Incomes, wages, and rents in Montreal, by Herbert Brown Ames, B. A.
No. 15. Boarding homes and clubs for working women, by Mary S. Fergusson.
The trade-union label, by John Graham Brooks.
No. 16. Alaskan gold fields and opportunities for capital and labor, by S. C. Dunham.
No. 17. Brotherhood relief and insurance of railway employees, byE. R. Johnson,Ph.D.
The nations of Antwerp, by J. Howard Gore, Ph. D.
No. 18. Wages in the United States and Europe, 1870 to 1898.
No. 19. Alaskan gold fields and opportunities for capital and labor, by S. C. Dunham.
Mutual relief and benefit associations in the printing trade, by W. S. Waudby.
No. 20. Condition of railway labor in Europe, by Waiter E. Weyl, Ph. D.
No. 21. Pawnbroking in Europe and the United States, by W. R. Patterson, Ph. D.
No. 22. Benefit features of American trade unions, by Edward W. Bemis, Ph. D.
The Negro in the black belt: Some social sketches, by W. E. B. Du Bois, Ph. D.
Wages in Lyons, France, 1870 to 1896.
No. 23. Attitude of women’s clubs, etc., toward social economics, by Ellen M. Henrotin.
The production of paper and pulp in the U. S. from Jan. 1 to June 30,1898.
No. 24. Statistics of cities.
No. 25. Foreign labor laws: Great Britain and France, by W. F. Willoughby.
No. 26. Protection of workmen in their employment, by Stephen D. Fessenden.
Foreign labor laws: Belgium and Switzerland, by W. F. Willoughby.
No. 27. Wholesale prices: 1890 to 1899, by Roland P. Falkner, Ph. D.
Foreign labor laws: Germany, by W. F. Willoughby.
No. 28. Voluntary conciliation and arbitration in Great Britain, by J. B. McPherson.
System of adjusting wages, etc., in certain rolling mills, by J. H. Nutt.
Foreign labor laws: Austria, by W. F. Willoughby.

No. 29. Trusts and industrial combinations, by J. W. Jenks, Ph. D.
The Yukon and Nome gold regions, by S. C. Dunham.
Labor Day, by Miss M. 0. de Graffenried.
No. 30. Trend of wages from 1891 to 1900.
Statistics of cities.
Foreign labor laws: Various European countries, by W. F. Willoughby.
No. 31. Betterment of industrial conditions, by V. H. Olmsted.
Present status of employers’ liability in the U. S., by S. D. Fessenden.
Condition of railway labor in Italy, by Dr. Luigi Einaudi.
No. 32. Accidents to labor as regulated by law in the U. S., by W. F. Willoughby.
Prices of commodities and rates of wages in Manila.
, The Negroes of Sandy Spring, M d.: A social study, by W. T. Thom, Ph. D.
The British Workmen’ s Compensation Act and its operation, by A. M. Low.
No. 33. Foreign labor laws: Australasia and Canada, by W. F. Willoughby.
The British Conspiracy and Protection of Property Act and its operation, by
A. M. Low.
No. 34. Labor conditions in Porto Bico, by Azel Ames, M. D.
Social economics at the Paris Exposition, by Prof. N. P. Gilman.
The workmen’ s compensation act of Holland.
No. 35. Cooperative communities in the United States, by Rev. Alexander Kent,
The Negro landholder of Georgia, by W. E. B. Du Bois, Ph. D.
No. 36. Statistics of cities.
Statistics of Honolulu, H. I.

Full text of Bulletin of the United States Bureau of Labor, Nos. 1 - 100 : November 1901 : Bulletin of the United States Bureau of Labor, No. 37, Volume VI

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