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57th C o n g r ess , } HOUSE O F REPRESEN TATIVES. jD o c . No. 377,
1st Session. 1
l
Part 6.
BULLETIN
OF THE
DEPARTMENT OF LABOR.
NO. 43-NO VEM BER, 1902.
ISSUED EVERY OTHER MONTH.
W A S H IN G T O N :
GOVERNMENT PRINTING OFFICE.
1 «.) 0 2
EDITOR,
CARROLL D. W R IG H T,
COMMISSIONER.
ASSOCIATE EDITORS,
G. W . W . H AN GER,
CHAS. H . V E R R ILL, G. A. W EBER.
CONTENTS.
Page.
Report to the President on anthracite coal strike, by Carroll D. W right, Com
m issioner of L a b o r.............................................................................................. 1147-1228
Origin of the present s trik e ..................................... .................................... 1148,1149
Demands of the m ine w orkers...................................................................... 1149-1151
Claims and com plaints of the em ployees................................................... 1151-1153
The dem and to have coal w eighed...............................................................1153-1155
W ages and cost of production...................................................................... 1155-1159
Profits on coal m ining, and production.......................................................1159-1162
Question of fre ig h ts........................................................................................1162-1164
General considerations....................................................................................1164-1166
Suggestions that seem reasonable and ju st.................................................1166,1167
A ppendix A .—Statement of the Delaware and H udson Com pany showing
position of the operators, September, 1900............................................. 1167-1173
A ppendix B .— Correspondence between M r. John M itchell, president of
the U nited M ine W orkers o f Am erica, and M r. Olyphant, president of
the Delaware and H udson Com pany, relative to proposed conference in
M arch, 1901 .................................................................................................. 1173-1175
Appendix C.— Correspondence between United M ine W orkers of Am erica
and operators; letters and telegram s; operators’ claim s...................... 1175-1187
A ppendix D .—Report of Mr. E. E. Loom is, superintendent of the coal
m ining departm ent of the Delaware, Lackawanna and W estern Railroad
C om pany....................................................................................................... 1187-1202
A ppendix E .— Report of interview of Com missioner of Labor w ith Messrs.
George F. Baer, R. M. Olyphant, E. B. Thomas, and D avid W illco x . 1202-1213
A ppendix F .— Statement of M r. E. B. Thomas, representative of Erie Rail
road Com pany and Lehigh V alley Com pany.......................................1213-1215
A ppendix G .— Statement of M r. D avid W illcox, vice-president and gen
eral counsel of the Delaware and H udson Com pany............................1216-1218
Appendix H .— Contract of bitum inous coal miners and operators___ 1218-1228
Agreem ents between em ployers and em ployees............................................... 1229-1232
Italian bureau of labor statistics.......................................................................... 1233,1234
Digest of recent reports o f State bureaus of labor statistics:
M assachusetts................................................................................................... 1235,1236
N orth Carolina................................................................................................. 1236-1239
O h io ................................................................................................................... 1239-1241
V irg in ia............................................................................................................. 1241-1243
Statistics of manufactures in Massachusetts: fourteenth and fifteenth annual
re p o rts................................................................................................................... 1244-1252
State reports on building and loan associations:
New Y o r k ......................................................................................................... 1253-1255
Digest o f recent foreign statistical publications................................................. 1256-1263
D ecisions of courts affecting labor........................................................................ 1264-1297
Laws of various States relating to labor enacted since January 1, 1896___ 1298-1324
hi
BULLETIN
OF THE
DEPARTMENT
No. 43.
OF LABOR.
W A SH IN G TO N .
N o v e m b e r , 1902
REPORT TO THE PRESIDENT ON ANTHRACITE COAL STRIKE.
BY CARROLL D. WRIGHT. COMMISSIONER OF LABOR.
D epartm en t of L abor,
,
Washington D. C., June W, 190%.
Si r : I have the honor to submit herewith a report on the causes o f
and conditions accompanying the present controversy between the
anthracite coal miners o f Pennsylvania and the coal operators. I
undertook this investigation in accordance with your verbal request
o f the 8th instant.
The organic law o f the Department o f Labor provides that the
Commissioner o f Labor is “ authorized to make special reports on
particular subjects whenever required to do so by the President or
either House o f Congress.” Immediately after your request, as pro
vided by the law quoted, I proceeded to the city o f New Y ork, for
the purpose o f ascertaining all facts possible relating to the present
controversy. I have not visited the coal regions, but I have been
represented there by a very experienced gentleman who has studied
the conditions o f the coal regions many times and who undertook to
make the necessary inquiries relative to the present strike.
I am very glad to say that in every direction I have been met with
the utmost courtesy, and all the facts required were generously put
into my possession. These facts have been gained from presidents
o f coal-operating railroads, independent operators, capitalists thor
oughly familiar with the coal business, but not engaged in it, presi
dents o f railroads not operating coal mines, officials o f the miners’
union, foremen, superintendents, business men, miners, and laborers.
One o f the gratifying features o f the investigation is that, so far as
1 have been able to ascertain, there has been no attempt to misrepre
sent, either willfully or otherwise, the facts as the individuals testify
ing understand them. The difference in point o f view, in attitude to
1147
1148
BULLETIN OF THE DEPARTMENT OF LABOR.
the whole subject, often leads to apparently conflicting statements, but
these conflicting statements are the result o f position and not o f any
desire to misrepresent.
The whole subject is surrounded by many complications— in fact, I
know o f no strike with which I have been in any way familiar that has
presented so many varying conditions, conflicting views, and irritating
complaints. In order that these varying conditions may be more
clearly understood and studied with the least possible difficulty, I make
my report topically. W hile this method involves some repetition
here and there, it enables one more clearly to comprehend the whole
situation as presented by the parties to the controversy and by others,
and the conclusions that are legitimately drawn from a study of the
entire question.
O R IG IN O F T H E PRESEN T STRIKE.
The present strike finds its root in the settlement o f the strike which
occurred in 1900, when the advance demanded by the miners in the
anthracite regions was after considerable discussion conceded. Nearly
all operators and many connected with the miners’ union do not hesi
tate to say that since that settlement there have been increased sensi
tiveness and more intense irritation in the mining districts than during
the previous twenty-five years or more.
The position o f the operators in September, 1900, is very clearly
stated in the accompanying document, marked “ Appendix A ” (see
pages 1169, 1170,1172, and 1173). In this document it is recited that
the profit realized from the coal business was greater when the scale o f
wages was fixed, because the price o f coal was higher in 1880 than
it has been since 1881. In 1880 the average price at tidewater fo r
all sizes was $3.73. Since that time it has declined, reaching as low
figures as $2.71 in 1898. In September, 1900, it was $2.80 per ton,
almost $1 less than it was when the scale o f wages was fixed. The
document also recites that since 1880 wages have never been reduced,
but have constantly continued the same. In 1899, in the W yom ing
region generally, it was found that the average daily net earnings o f
the miners had been $2.85. It is also stated that the profits o f the
company’s business were no greater in 1900 than when the scale of
wages was fixed, twenty years before; that, on the contrary, during
the five years from 1880 to 1884 the average net earnings were 8.65
per cent upon the capital, while during the five years from 1895 to
1899 they were but 6.55 per cent; that while wages were constant,
business conditions compelled the company to reduce and at times to
pass its dividends; that its then rate o f dividend was 5 per cent, mak
ing the total payment on that account $1,750,000, while it was paying
out annually wages o f all kinds to the amount o f about $10,500,000.
REPOfit Otf ANTHRACITE COAt STRIKE.
1149
The claim was made, as shown in the document, pages 1172 and 1173,
that fo r the twenty years preceding 1900 the Delaware and Hudson
Company paid to its employees at the collieries wages which never
varied with the fluctuations in business; that while the mine workers
are permitted to combine to raise the cost o f production, the mine
owners are prohibited by law from combining to raise the price o f
the product accordingly.
It can easily be seen, therefore, that the basis o f the present strike
was laid in 1900. In view o f the increasing sensitiveness since that
time, and recognizing the conditions as stated, Mr. John Mitchell,
president o f the United Mine W orkers o f America, February 15,1901,
approached the operators with the following proposition:
W ould you kindly wire if your company will participate in a joint
conference with anthracite miners during the month o f March for
the purpose o f agreeing upon scale o f wages for period which would
be mutually agreeable to operators and miners.
The next day Mr. Olyphant, president o f the Delaware and Hudson
Company, sent the following reply:
I understood that matter o f wages was satisfactorily adjusted last
October, and we have no present intention o f departing from the
arrangements then made. I therefore see no object in the conference
which you suggest, even if that method o f procedure were desirable
which seems very doubtful.
Later on Mr. Mitchell sent a letter to Mr. Olyphant of date February
26, 1901. The history o f this attempt to secure a conference as far
back as March, 1901, is contained in the letter o f the president o f the
Delaware and Hudson Company, dated March 6, 1901, and attached
hereto as Appendix B. In this letter Mr. Olyphant claims that dur
ing the year 1900 his company paid out in wages o f all kinds about
$10,500,000, while it distributed among its stockholders $1,750,000.
D EM AN D S O F T H E M INE W O RK ERS.
The failure o f the attempts to secure a conference in March, 1901,
added to the irritation o f the miners, and constant appeals were made
to the officers o f the union to make new demands, and, failing to secure
compliance, organize a strike. It is generally believed by the opera
tors, and many others, that the present strike was organized by the
officers o f the United Mine W orkers o f America and those o f local
unions having their allegiance to that body. The facts, so far as I can
ascertain—and I believe they have been correctly reported to me—
show that, in contradistinction to most strikes, the officers o f the
miners’ unions, with perhaps one or two exceptions, persistently
opposed the present strike. Their reasons for opposing it were that
they had carefully weighed the chances o f success and the possibilities
1150
BULLETIN OF THE DEPARTMENT OF LABOR.
o f defeat, and from what they learned in various interviews with rail
way presidents and operators they were satisfied that a strike, if
engaged in, would last possibly all summer, and entail great hardship
and suffering upon the mine workers and those dependent upon them,
as well as work incalculable injury to the industrial and commercial
interests o f the country. They were also imbued with the belief that
many o f the alleged wrongs endured by the miners, and what were
considered unfair conditions under which they worked, might be cor
rected by constant appeals to the presidents o f the coal-carrying roads
and independent operators. They had a slight hope that the strong
prejudices o f the anthracite coal operators might be softened by meet
ing them frequently, and by the presentation of the claims of the
mine workers fo r better wages, and what they denominated more
humane conditions o f employment.
' In their attempts to secure conferences and the frequent meetings
o f the representatives o f mine workers and mine operators, the hopes
o f the officers o f the union were not realized, and the men— the miners
and other employees— themselves demanded that a strike should be
organized, which was done. This was voted in the convention at Ha
zleton on M ay 15, although the strike was begun May 12, 1902. The
specific demands, as given to me in writing by Mr. John Mitchell,
the president o f the United Mine W orkers o f America, were as follows:
1. That there shall be an increase o f 20 per cent to the miners who
are paid by the ton— that is, fo r men perform ing contract work. These
men involve about 40 per cent o f all the miners.
2. A reduction o f 20 per cent in the time o f per diem employees.
The mines are operated about 200 days per year, ten hours per day.
This demand, if granted, would result in reducing the day to eight
hours (20 per cent), so that the mines would be operated 240 days at
about the same pay; hence an equivalent o f 20 per cent increase in the
earnings, no increase in the rates o f per diem employees being demanded.
3. That 2,240 pounds shall constitute the ton on which payment is
based fo r all coal mined where the miners are paid by weight. This
would apply in any district where weighing coal would be practicable,
and to those*miners who are paid by the quantity and not to those paid
by the day.
These constitute the specific demands o f the coal-mine employees,
and there is no disagreement as to the substance o f the demands. No
grievances were presented. The powder question was practically
settled in 1900. In their conferences the miners wished to have the
matter o f impurities and other local grievances taken up with the com
panies and their local employees fo r adjustment, these matters not
constituting a part o f the present controversy or the demands leading
to it.
These demands being rejected, the miners subsequently offered to
REPORT ON ANTHRACITE COAL STRIKE.
1151
accept one-half—that is to say, 10 per cent increase in the pay per
ton where mining is paid in that manner, and 10 per cent decrease in
the working day. They also offered to leave the whole matter to
arbitration and investigation and to accept the result, provided the
operators themselves would comply with the recommendation o f the
investigating committee.
A ll these demands and modified requests were rejected by the opera
tors, and so the issue, clearly defined, remains an open one, the officers
o f the unions claiming that they can hold out for four or five months,
while the operators take the ground that they can hold out indefinitely
and let the matter adjust itself. The employees are willing to make a
three years’ contract on the offered terms— that is, one-half the origi
nal demands.
The position o f the operators and the correspondence which took
place between them and Mr. Mitchell are shown in the document filed
herewith as Appendix C. The chief points, however, have been brought
out above.
C L A IM S AN D C O M PLA IN TS O F TH E EM PLO Y EES.
The specific demands in a strike are the material elements on which
the controversy is based. The psychological elements must be con
sidered, however, in order to ascertain the true situation. Thus the
complaints and grievances and the irritations and complications which
lead to a controversy are o f far greater import than the categorical
demands. So far as I can learn, the bottom idea on the part o f the
operators is to secure discipline or to preserve discipline. They claim
that every concession that has been made has defeated this, and that if
any ought to be made now, even if the concessions in themselves were
right, they feel that they should not make them, as by making them
they would defeat their power to preserve discipline. The foremen
have their orders to go on under the present unhappy status and make
a contest to the end o f the matter.
There is not the slightest question that since 1900 there has been
more trouble with discipline than during the whole previous period
since 1871. The officers o f the union are frank enough to say that
there is a great deal o f truth in this position o f the operators, but, on
the other hand, they claim that they have not been allowed to disci
pline their own men. The union officials are emphatic in their state
ment that they would be very glad to cooperate with the operators in
securing wholesome discipline. They recognize that o f all industries
discipline is more essential in the mining regions than anywhere else.
They are ready to guarantee to aid the operators in this fundamental
difficulty, and they state that if they can not do it they are not fit to
have a union at all; that a leader who can not maintain discipline is
1152
BULLETIN OF THE DEPARTMENT OF LABOR.
not fit to be in his place. They also claim that they have not been
allowed (or even to try) to preserve discipline, and thus insubordina*
tion has ensued. The miners state that the operators can not control
insubordination, but that they themselves can control it. In this mat
ter o f insubordination the miners contend that the enormous percent
age o f foreigners who can not speak the English language necessarily
causes a great amount o f misunderstanding o f orders, and that under
these misunderstandings foremen are very apt to cause trouble.
During the investigation the attention o f the union officers was
called to the criticism on the part o f the operators that on account o f
such insubordination o f the miners they were prevented from running
their own business, and it was frankly admitted that there was some
truth in this assertion, but that it was ridiculously exaggerated; that
where foremen got into trouble they usually attributed it to the
union. On the other hand, the union claims that it has been antago
nized at every point, and that whenever anything o f an evil nature
occurs it is immediately attributed to it. Many instances are cited to
show the truth o f this statement.
The operators claim that very many petty difficulties arise because
the union officials can not control their men. Many instances o f this
are cited in a report made some months ago by Mr. E. E. Loomis,
superintendent o f the coal mining department of the Delaware, Lack
awanna and W estern Railroad Company, and submitted herewith as
Appendix D. This report was made prior to the inauguration o f the
present strike.
The claim is made that the union does not allow men to enter the
mines unless they have a union card, although they may have the cer
tificate required by the laws o f the State o f Pennsylvania that they
are qualified to w ork as miners.
Nearly all the operators, so far as learned, have no confidence in
the ability o f the miners5 union to control its own members to any
such degree as to assist in maintaining proper discipline. Here is a
sharp conflict, and one which reaches to the very essence o f the irri
tating conditions that now attend anthracite coal mining.
Some o f the operators do not hesitate to say— and it is believed that
this statement is favorably regarded by some o f the union officers—
that no great progress will be made toward a more peaceful condi
tion in the mining regions until the anthracite miners have a union of
their own, its autonomy individualized and not complicated with that
of the bituminous coal miners. This suggestion is made when dis
cussing the question o f discipline, the operators claiming that they
had no trouble in the anthracite regions until the union o f the bitumi
nous coal miners undertook to organize the anthracite miners, and
that if the anthracite coal miners had a union o f their own, which
might possibly be affiliated with the bituminous coal miners, they (the
REPORT ON ANTHRACITE COAL STRIKE.
1153
operators) would be in a better position and in better temper to meet
their employees through their organization than now, when they are
obliged to deal with what they term strangers and outsiders.
The bearing o f the operators’ position on this subject, taken in rela
tion to the whole question o f discipline, is one which should meet with
thorough consideration on the part o f all, fo r it is believed by many
that with the question o f organization settled on the basis o f the
anthracite interests as distinct from the bituminous interests the ques
tion o f discipline might be more easily considered. This is illustrated
by the statement, during the present investigation, o f one o f the lead
ing anthracite coal operators that a man who is not intellectually
competent to do business in the anthracite region with a systematic
recognition o f the trade union is not competent to be there. A very
well-known railroad president, although not o f a coal-operating road,
emphatically agreed in this opinion o f the operator quoted, and did
not hesitate to say that the present need in the anthracite mining
business is for an entirely different type o f men from those now
engaged in it. I f an anthracite coal miners’ union could be organized
and officered by men from the anthracite industry, such critics as
those just quoted believe that the whole matter would be far on the
way to fairly satisfactory adjustment.
A ll the operators whom I met disclaimed distinctly that they had
any antagonism to labor unions as such. They do object, and most
seriously, to some o f the methods adopted by the unions, and they
feel that when asked to make contracts with the unions the latter
should put themselves in a position to be pecuniarily responsible for
carrying out such contracts.
TH E D E M A N D TO H A V E C O A L W E IG H E D .
The specific demand o f the miners’ union that where miners are paid
by weight 2,210 pounds shall constitute the ton, represents an old,
long-standing difficulty. The miners see little or no difficulty in adopt
ing the system o f payment b y weight. They claim everywhere, and
almost without exception, that they are systematically defrauded by
the arbitrary action o f the bosses— the men who determine h<5w much
deduction shall be made fo r impurities— and they especially complain
that they are defrauded when paid by the wagon or carload. One
manager stated during the present investigation that there is no end
to the abuses o f payment by the car. The testimony o f foremen and
managers is to the effect that these abuses should be done away with,
the same as the abuses o f the powder system, the truck system, and
the company stores have been relegated to the past.
The miners also claim that the cars and the wagons constantly
increase in size by various methods, but that they are paid no more
1154
BULLETIN OF THE DEPARTMENT OF LABOR.
for a carload than before such increase, that cars must be loaded to a
certain height above the rail, so that when they are received at the
breakers they shall be full cars after the jolting and massing o f the
contents.
A ll these things irritate, and even if it should be shown that the
complaints are, on the whole, ungrounded, they are as real to the men
as if the proportions o f the complaints were preserved. There is a
very great deal o f testimony upon these points which can not be very
well controverted. Nevertheless, the difficulties which confront the
operators are great.
Mr. Loomis, the superintendent o f the coal-mining department of
the Delaware, Lackawanna and Western Railroad Company, has dis
cussed this question quite fully (see Appendix D). He says that his
road, after long years o f experience in the upper anthracite fields,
evolved a system whereby coal from certain veins is paid for in
accordance with the labor necessary to mine the coal in that specific
vein. This system is based upon the cubic feet contained in the car
used in the particular vein or mine. Some veins, being thicker, admit
of a larger car being used than others, these being paid for accord
ingly. He argues that, assuming that the operators should concede
the miners’ demands to weigh all coal, the operators would necessarily
have to use the present car prices, o f which there are some twelve or
fourteen different rates, as a basis to figure back from , and if figured
properly the miner would be no better off than on the car basis, while
the companies would be put to a great expense on account of scales,
rearrangement o f breakers, to say nothing o f the troubles and contro
versies with committees in arriving at a tpit price, the readjustment
o f all yardage prices, etc. He thinks that any readjustment would
open the door to an endless amount o f trouble and expense, while if
the adjustment was fairly made the men would in no way be benefited
by it. It is known that many o f the men prefer to remain on the car
basis. The legislature o f Pennsylvania has attempted, through legis
lation, to settle this question o f weighing.
Mr. Loomis also states that some o f the miners claim that if the
companies sell the coal by the ton they should pay for it by the ton.
The operators’ argument is that one is a measure o f labor and the
other a measure o f material; that they do not buy the coal from the
miner, but simply pay him for his labor, whereas, in turning the coal
over to the dealer the operator sells it as his commodity.
W hen it is shown that a ton o f coal, as it comes from the mines, con
tains a varying percentage o f refuse, sometimes as high as 30 per cent,
making it necessary to clean and prepare the coal before it is market
able, it is difficult to see the force o f the argument why it should not
be weighed and the miner paid fo r the work he does, or at least the
operators share in the loss o f his labor in mining impurities.
REPORT ON ANTHRACITE COAL STRIKE.
1155
The operators do not hesitate to say that the miners’ ton and the
practice o f loading rock and refuse into a car instead o f prepared
coal appear to be about as hard to explain to the public as was the
powder question before that was settled, and that even if it were possi
ble to make changes at the mines to admit of weighing coal, they feel
that it would not be a wise thing to do. This may be true, but it
should be remembered that the powder question has been settled, and
there ought to be genius enough to settle the weighing question.
W A G E S AN D COST O F PRO D U CTION
The remaining demand o f the miners relates to compensation, the
modified demand being a 10 per cent increase in the rates per ton to
those men who perform contract work, and 10 per cent reduction in
time to those who work by the day. The miners back this demand by
the statement— and it has not been controverted— that after the increase
which was granted in 1900 (on the face o f it, 10 per cent, although in
some instances it amounted to more) the prices of all commodities in
the mining region were enhanced accordingly, or to at least as much
as 9 per cent beyond what they were prior to the increase; that now
(in 1902) the general rise, in provisions especially, makes it impossible,
or at least exceedingly difficult, for them to live properly on the pres
ent wages.
A t the close o f the report made some months ago by Mr. Loomis
(already referred to) for his road, the Delaware, Lackawanna and
Western Railroad Company, there are some very interesting tables o f
wages. His last table is a summary for four districts operated by his
road. He shows that the miners’ monthly earnings are $66.48.
Mr. George F. Baer, president o f the Reading companies, has sub
mitted the follow ing statement relative to the average daily earnings
o f 27,523 men and boys employed by the Philadelphia and Reading
Coal and Iron Company last November:
AVERAGE DAILY EARNINGS OF 27,523 MEN AND BOYS EMPLOYED BY THE PHILADEL
PHIA AND READING COAL AND IRON COMPANY, NOVEMBER, 1901.
W agons, m iners............................................................................................................. $2.293
Runs, m in ers................................................................................................................. 2.615
R obbing, miners . . . r ................................................................................................... 3.014
M iners’ laborers............................................................................................................... 2.083
Day m in ers.................................................................................................................... 2.322
Day la borers................................................................................................................... 1.937
Slate pickers:
M en........................................................................................................................... 1.200
Boys . . ......................................................................................................................... 852
Car lo a d e rs.....................................................- ............................................................. 1.591
Laborers:
First class................................................................................................................. 1. 593
Second cla s s........................................................................................................... 1.293
1156
BULLETIN OF THE DEPARTMENT OF LABOR.
D rivers............................................................................................................................. $1.696
L o a d e rs........................................................................................................................... 1.947
Fan and door b o y s ................................................................................................................949
Tim berm en..................................................................................................................... 1.970
P h i l a d e l p h i a , M ay 14
, 1902.
Classifying the wages paid by the Philadelphia and Reading Coal
and Iron Company as to inside labor and outside labor and total from
January, 1902, to A pril, 1902, inclusive, Mr. Baer submits the follow
ing table:
AVERAGE DAILY WAGES EARNED. BY EMPLOYEES OF THE PHILADELPHIA AND READ
ING COAL AND IRON COMPANY FROM JANUARY, 1902, TO APRIL, 1902, INCLUSIVE.
Inside labor.
Month.
January...................
February.................
March......................
A p ril........................
Outside labor.
Total.
Number Days Average Number Days Average Number Days Average
of men. worked. per day. of men. worked. per day. of men. worked. per day.
15,976
16,518
16,494
16,631
18*
m
16*
19*
$2.162
2.164
2.190
2.199
9,828
9,752
10,235
10,198
20*
204
19*
20*
$1,478
1.481
1.484
1.455
25,804
26,270
26,729
26,829
19*
18*
18*
19*
$1,890
1.898
1.896
1.906
,
P h i l a d e l p h i a , M ay 26 1902.
I have in my possession a very elaborate statement in detail o f the
cost o f mining coal by the Philadelphia and Reading Coal and Iron
Company for the month o f November, 1901, made prior to the present
strike. This statement thoroughly verifies the figures given in the
above tables (see statement o f Mr. Baer in A ppendix E, pages 1206,
1207).
The reduction o f time, which is included as a part o f the demand
for increase in compensation, is put forward by the miners on the
ordinary arguments for the reduction o f the length o f the working day
everywhere. Their work takes about two hundred days in the year;
the remainder o f the time they are idle unless they find something to
do in the way o f farming or occupation in other industrial lines. They
claim that if the time per day should be reduced 20 per cent without
loss o f pay— that is, if they were employed eight hours a day on the
basis o f payment o f the present ten-hour day—they would work some
thing like two hundred and forty or two hundred and fifty days during
the year; that this would increase their pay practically the same per
centage, because there would be no reduction in the per diem; that
they would be in better condition, because more constantly employed,
less idle time resulting, and they believe that an increased output of
coal would be the result. They are willing, however, to accept nine
hours per day instead o f eight, as originally demanded.
The operators meet this demand with the statement that they are
able to market only about 60 per cent o f the capacity o f their mines;
that their fixed charges have to be maintained throughout the whole
year without reference to the amount o f coal that can be marketed;
that much o f the machinery, the pumping, and the care o f the mines
go on for twenty-four hours each day; that the general superintendents
REPORT ON ANTHRACITE COAL STRIKE.
1157
and the men who are paid by the month must all be maintained; that
an increase o f 20 per cent in wages would mean about 46 cents a
ton increase, to which must be added the increased cost by reduction
o f output, while the general expenses are all going on. The latter are
estimated at 14 cents, making the total addition per ton about 60 cents.
The total amount o f wages paid in the anthracite coal fields last year
is stated by the operators at about $66,000,000. The increase under
the original demand would be $20,000,000, as estimated. (See statement
o f Mr. George F. Baer, president o f the Reading companies, A ppen
dix E.)
In respect to output Mr. Baer says (page 1210):
In 1900 we all felt that the only substantial grievance that the men
had in our section was the fact that during the depressed times we
were unable to run our collieries to their full capacity. It was not
the basis o f wages paid, but that we could not give them sufficient
work. But for the last eighteen months the condition has been just
the other way. W e can not produce as much coal at our collieries as
the market will take. They will not mine it for us. The condition
o f the whole anthracite trade has changed with the general demand
for fuel all over the United States. It will not last long; a reaction is
bound to come.
Mr. Loomis, already quoted (see Appendix D), says that the aver
age hours contract miners worked per day for the four districts under
the control o f his road was five; that the average number o f hours
the breaker worked per day was seven and three-fourths, and it is
claimed by operators generally that the contract miners do not work
as many hours as the breaker runs, and hence that there is no ground
fo r the demand for less hours.
The operators also claim that there are constant stoppages o f work
on account o f various causes, such as picnics, excursions, and matters
o f that kind, and that the fixed charges have to go on during these
various stoppages. They also submit that they can not comply with
the demand for an increase in wages, whether this comes about through
an advance in the pay per ton or a reduction in time (which is the
same thing) o f men paid by the day.
The Philadelphia and Reading Coal and Iron Company submits the
following statement showing the cost o f labor, material, general
expenses, etc., from 1899 to A pril 30, 1902:
COMPARATIVE COST PER TON OF MINING COAL BY THE PHILADELPHIA AND READING
COAL AND IRON COMPANY FOR THE FISCAL YEARS ENDING JUNE 30, 1899, 1900, AND
1901, AND FOR TEN MONTHS TO APRIL 30,1902.
1899:
L a b o r ....................................................................................................................... $1.067
M aterial.......................................................................................................................... 314
Cost in ca rs......................................................... ................................................ 1.381
General expenses...........................................................................................................208
Total cost.............................................................................................................
1.589
1158
BULLETIN OF THE DEPARTMENT OF LABOR.
1900:
L a b o r ....................................................................................................................... $1.121
M aterial.......................................................................................................................... 356
Cost in cars......................................................................................................... 1.477
General expenses....................................................................................................... 190
Total cost.............................................................................................................
1.667
1901:
L a b o r ....................................................................................................................... 1.263
M aterial...........................................................................................................................365
Cost in cars.......................................................................................................... 1.628
General expenses...........................................................................................................195
Total cost.............................................................................................................
1.823
To A pril 30, 1902:
L a b o r ....................................................................................................................... 1.383
M aterial.......................................................................................................................... 416
Cost in cars.......................................................................................................... 1.799
General expenses........................................................................................................... 192
Total cost.............................................................................................................
1.991
P h i l a d e l p h i a , M ay 23, 1902.
This company submits also the follow ing statement:
MONTHLY PERCENTAGE ABOVE BASIS ON SYSTEM OF WAGES FIXED ON A BASIS OF $2.50
PER TON FOR COAL AT PORT CARBON FROM OCTOBER, 1900, TO MAY, 1902, INCLUSIVE.
Percent
age.
Month.
1900.
October.........................................................
November.................................................
December...................................................
15
16
16
1901.
January.......................................................
February............................... •„...................
March..........................................................
A p ril............................................................
M ay..............................................................
.Tune
. ..
J u ly ..............................................................
August..........................................................
September...................................................
15
15
16
7
10
11
14
17
20
T h e P h il a d e l p h ia
and
R
e a d in g
Coal
Month.
Percent
age.
1901.
October.....................................................
November...............................................
December.................................................
14
19
15
1902.
January...................................................
February.................................................
M arch.......................................................
April..........................................................
May............................................................
18
18
16
7
10
Average above basis..................
Total production, during above
period............................. tons..
and
14.6
13,085,667
I ron C o m pa n y ,
Philadelphia, June 2, 1902 .
The above table is explained by Mr. Baer, in his statement filed as
Appendix E, page 1205, in the follow ing way:
Prior to the time o f the strike in 1900 the basis o f wages had been
settled and proved satisfactory in the Schuylkill region and in the
Lehigh region fo r a period o f nearly thirty years. The wages were
paid on a system o f profit sharing. The basis was that when coal at
Schuylkill Haven was worth $2.50 a ton the wages should be paid
according to a scale then adopted; and that fo r each increase of 3
REPORT ON ANTHRACITE COAL STRIKE.
1159
cents in the price o f coal 1 per cent should be added to the miners
wages. F or illustration: I f a miner on the basis received $2 a ton and
coal advanced to $2.24, the wages o f the miner were increased 8 per
cent, equivalent, on a $2 basis (which is merely an illustration), to 16
cents. T o show you how that would work out if no change had been
made in the wages in the strike o f 1900: The men on the old basis o f
$2.50 a ton would have received in October 15 per cent advance; in
November 16 per cent advance, and in December 16 per cent advance.
In September, 1901, they would have received 20 per cent advance.
In other months the percentage, being according to the price o f coal,
as in the summer months coal is lower, would fall, so that practically
the 16 per cent advance made was no greater than they would have
received under the sliding schedule.
The Scranton Coal Company and the Elk H ill Coal and Iron Com
pany, which are operated jointly, report the distribution o f the gross
receipts for the year ending December 81, 1901, as follows:
Per cent.
Paid
Paid
Paid
Paid
Paid
for
for
for
for
for
la b or................................................................................................................ 57.71
supplies, material, repairs,renewals, e tc .................................................. 12.19
taxes, insurance, and royalty......................................................................
8.71
general expenses......................................................................................................92
fixed ch arges................................................................................................. 21.17
T ota l..................................................................................................................... 100.70
There is no charge included for depreciation, although the com
panies’ fixed charges include a payment on the principal of the funded
debt (virtually a sinking fund), based on the tonnage removed. No
dividends were earned or paid on the stofck o f either o f these com
panies. The excess o f percentages over 100 represents the deficiency
in earnings over charges.
P R O FITS ON C O A L M INING, A N D PRODUCTION.
It is alleged by the miners that the profits on coal mining are suffi
cient to warrant the increase in wages as demanded by them. The
preceding table as to cost o f labor, material, etc., together with other
data furnished, gives the opportunity to calculate the net receipts at
the mines fo r the coal mined by the Reading companies, the total cost
per ton, and the net profit. It is shown that in 1899 the total cost was
$1.71 per ton; in 1900, $1,865; in 1901, $2.11; in 1902, $2.25. The
net profits were, respectively, $0.13, $0,198, $0,287, and $0,259. These
figures show that in spite o f the increase o f wages in 1900 there was
an increase o f the net profit per ton in that year, in 1901, and so far
the present year.
In respect to profits, it is shown by Mr. Baer (Appendix E, pages 1207,
1208) that the balance sheet o f the Reading Coal and Iron Company for
the fiscal year ending June 30,1901, shows that the company has invested,
in round numbers, $87,000,000, this being actual investment, there
9491—No. 43—02----- 2
1160
BULLETIN OF THE DEPARTMENT OF LABOR.
being no fictitious value or watered stock in it. He states that the
company has 44 collieries, and that a modern colliery costs from
|400,000 to $500,000; that the profit and loss fo r the year showed only
$555,394, there being taken out o f current expenses $413,000 (which
was 5 cents per ton) fo r depreciation o f land; that the latest balance
sheet o f the Lehigh and Wilkesbarre Company shows that the profit
and loss o f that company was only $239,804. Mr. Baer continues his
statement as follows:
It is a fact that, taking the companies which are known as the
principal coal companies—the Reading, Lehigh Valley, and Erie—
neither o f them has been enabled to pay dividends on stock for many
years. It is commonly said that where the coal companies are owned
by the railroad companies the loss in the coal companies is made up
in the transportation. This is a great error. I f you will take the
history o f the Reading Company, which has not paid a dividend in
practically fifteen years, except within the last two years, when it has
paid a dividend o f 4 per cent on $28,000,000 o f stock, you have this
result. There is invested in the Reading Coal Company $85,000,000;
in the Reading Railway Company and what is known as the Reading
Company there is outstanding $140,000,000 o f stock, making an
investment, with the coal company assets, o f $225,000,000. No divi
dends have been declared in the last fifteen years on this stock, with
the exception o f two years on the preferred stock, which amounts to
$28,000,000. Taking the total earnings, without regard to dividends,
o f the Reading Company (which includes the railway company) and
the coal company, the total earnings fo r last year were $2,663,087
before the payment o f the Reading Company’s dividend and the gen
eral mortgage sinking fund. So that, in point o f fact, for many years
these companies have not been able to earn dividends on their stock.
What I have said o f the Reading is true o f the Lehigh Valley, and the
same thing is practically true o f the Erie, fo r which Mr. Thomas will
speak. With my experience in operating the Reading Railway Com
pany, I find that we have only been able to increase its revenue by
increasing our merchandise, passenger, and miscellaneous traffic, and
that just in proportion as we have been able to increase that traffic
the financial affairs o f the Reading Railway have improved, and not
by reason o f the coal business. You will see what I mean by that.
In 1894 and 1895 the merchandise traffic o f the Reading Railway was
$6,400,000; last year it was $10,579,000.
Now, as a business proposition, it is absolutely impracticable to
increase the cost o f mining anthracite coal. Year by year, fo r reasons
which we can not control, the cost will increase, and by the increased
cost o f the material we must use in the mines, and by deeper mining,
which not only adds to the original cost o f sinking shafts, but enor
mously to the cost o f pumping and hoisting.
Reference should also be made to the statement o f Mr. E. B. Thomas
in the course o f this investigation (see Appendix F).
The miners claim that the output o f anthracite coal has increased
largely under unionized conditions and since the settlement o f 1900.
In order to consider this claim intelligently, Dr. E. W . Parker, coal
1161
REPORT ON ANTHRACITE COAL STRIKE.
mining expert o f the United States Geological Survey, has supplied
me with some o f the advance data for his report to the Government.
These are shown in the follow ing table:
PRODUCTION OF ANTHRACITE COAL IN THE UNITED STATES FROM 1897 TO 1901.
Year.
1897..............................................
1898..............................................
1899..............................................
1900..............................................
1901..............................................
Produc
tion.
Value.
Tons,
46,974,715
47,663,076
53,944,647
51,221,353
60,242,560
$79,301,954
75,414,537
88,142,130
85,757,851
112,504,020
Average Average
Average Number
Days tonnage tonnage
of em worked.
value
per year per day
per ton. ployees.
per man. perman.
$1.85
1.75
1.80
1.85
2.05
149,557
145,184
139,608
144,206
145,309
150
152
173
166
196
314.0
328.0
386.4
355.0
414.6
2.090
2.160
2.230
2.140
2.115
The statement o f the operators and that o f the mining expert of the
Survey are in accord as to the total production and the increase therein.
The average value per ton in 1900 was $1.85 and in 1901 $2.05.
The average tonnage per man per day showed no increase; on the
other hand, it was lower in 1901 than it has been since 1897, it being,
in 1898, 2.16; in 1899, 2.23; in 1900,2.14; in 1901, 2.115. Therefore,
while the average value per ton rose the average tonnage per day
per man fell.
The foregoing statement as to the average tonnage per day per man
is based on the total number o f employees. It would be more accurate
to give the coal production according to the total number of men
employed underground. On this basis the average tonnage per man
per day was, in 1897, 3.27; in 1898, 3.44; in 1899,.3.38; in 1900, 3.35;
in 1901, 3.12.
The coal production per day according to the number o f miners
actually employed shows the same relative position. In 1897 it was
8.48; in 1898, 8.80; in 1899, 8.56; in 1900, 8.38; in 1901, 8.13.
The miners’ contention that the output per man has increased is not
sustained by the official figures, but when considering the average
tonnage per man per year o f the total number o f men employed
underground they have reason fo r their contention. In 1897 this
average tonnage per man per year was 490; in 1898, 523; in 1899,
585; in 1900, 556; in 1901, 612. The average tonnage per miner per
year was, fo r 1897, 1,272; 1898,1,338; 1899,1,481; 1900,1,391; 1901,
1,594. In this latter respect, however, it should be remembered
that the number o f days varied, as shown in the table giving the pro
duction o f anthracite coal from 1897 to 1901. The true basis is the
average tonnage per day per man and not the average tonnage per
year per man.
In this connection it is interesting to note that the anthracite coal
trade, as a whole, was free from labor disturbances in 1901, and the
output fo r the year showed an increase o f 9,011,207 long tons, or more
than 17 per cent, over 1900, when the product was curtailed by the
1162
BULLETIN OF THE DEPARTMENT OF LABOR.
miners’ strike in September and October. The average price at
the collieries fo r the coal sold was at an advance o f 25 cents per ton
over 1900, and reached the highest figure attained since 1888.
During the past twenty years anthracite production has not kept
pace with general industrial development. In 1880 the anthracite
production represented 40 per cent o f the total coal output o f the
United States. The percentage o f anthracite o f total coal production
since 1880 has been as follows: 1881-1885, 34 per cent; 1886-1890, 32
per cent; 1891-1895, 30 per cent; 1896-1901, 24 per cent. Thus the
percentage o f anthracite o f the total product has decreased since 1880
from 40 to 24 per cent. Comparing the production o f 1901 with that
o f 1880, anthracite is shown to have increased about 135 per cent, while
the bituminous product has increased about 425 per cent. These
statements relative to production are taken from the Engineering and
Mining Journal o f June 7, 1902.
Mr. Baer (see Appendix E, pages 1208, 1209) makes the following
statement bearing upon this point:
F orty per cent o f the anthracite coal is sold in the market below the
cost o f mining. The reasons are that these coals compete with bitu
minous coal. The steamboat coal is used almost exclusively in pigiron furnaces. Its price is regulated by the price o f coke. Uoke is a
better fuel fo r smelting iron than anthracite, because it bears a heavier
burden; and while form erly the furnaces o f the Schuylkill region and
the Lehigh region used anthracite coal exclusively, it is impossible to
use anthracite fuel now alone, as the crushing weight o f the material
is so great that anthracite coal would become a compact mass, which
will not let the blast through. Therefore anthracite coal is confined
to low-stack furnaces or to high-stack furnaces where a certain per
centage can be used. F or instance, a company uses 40 per cent o f
anthracite to 60 per cent o f bituminous. The rice and smaller sizes
o f coal, which would be waste, are sold as low as 41 cents per ton. The
buckwheats and the peas run up until the highest price we get for those
sizes is $1.65 for pea. That puts the whole burden o f any advance
price on 60 per cent o f our production, which constitutes the domes
tic sizes. A ll other sizes must be sold in competition with bituminous
coal, and they must be sold to enable us to take precedence over bitu
minous coal or they can not be sold at all. The other 60 per cent,
which are known as the prepared and domestic sizes, must bear the
raise in price, and it comes upon every workingman and everybody
who uses coal, fo r primarily this coal is used fo r household purposes,
not fo r manufacturing; and were we to increase the price o f coal, then
the cry would be that the coal barons are oppressing the poor.
QUESTION O F FREIG H TS.
It is often alleged by the miners— and the allegation has been
repeated to me in this investigation by capitalists and others not
interested now in the coal-mining business— that the operators, where
they are also railroad corporations, are in the habit o f charging, as a
REPORT ON ANTHRACITE COAL STRIKE.
1163
part o f the cost o f their coal, an increased freight rate for the coal,
thus adding to its cost and, in fact, keeping down the statement of
profits o f mining coal, carrying the profits to the traffic o f their roads;
that the freight rates thus charged for anthracite are higher than those
for bituminous coal carried by the same roads.
It is clear from the statements o f the operators appended hereto
that they have been able to bring up their traffic business in some cases
to such an extent as to avoid financial disaster to their respective roads.
One president o f a coal-operating railroad informed me that he was
obliged some years ago to g o into the coal-mining business in order to
save his road, and I think this is the general impression. It is very
difficult to ascertain the truth in the question, but I have been able to
find out the difference in freight rates o f bituminous and o f anthracite
coal.
The rate on bituminous coal from the Clearfield mines o f the Phila
delphia and Reading Railway Company is $1.40 f. o. b., Port Reading;
on anthracite coal the rate is $1.55 f. o. b., Port Reading.
Some years ago the question was brought to the attention o f the
Interstate Commerce Commission by the suit of Coxe Bros. & Co.
against the Lehigh Valley Railroad Company, the claim being made
that the mileage rate should be the same. The operating roads main
tain that there is no similarity between the transportation o f anthracite
coal and that o f bituminous coal. The anthracite region is geograph
ically a broken country. To reach the mines expensive lateral rail
roads are required, with very heavy grades. Not only is the construc
tion and maintenance o f these roads costly, but, by reason o f the
grades, their operation is expensive.
Again, it is claimed that the distribution o f anthracite and o f
bituminous coal is essentially different, bituminous coal being, as a
rule, sold in large quantities to manufacturers and to the steamship
trade. The contracts usually cover a year’s delivery, thus enabling
the transportation companies to send full train loads to one shipping
point or consignee, the cars being unloaded at once and returned to the
mines promptly.
On the other hand, it is claimed that anthracite coal is generally
used for domestic purposes, one train load containing six or seven
different sizes o f coal consigned to many different parties. This dis
tinction in the sizes o f coal, and also in the quality, is exceptional to
the anthracite trade. Bituminous coal is practically o f the same quality.
These conditions involve not only the detention o f the cars but a vast
amount o f shifting, so that the detention o f anthracite-coal cars at the
points o f destination is much greater than that o f cars used in the
bituminous coal trade. B y way o f illustration, as it has been pointed
out to me, there are in the city o f Philadelphia 300 miles o f track
owned by the Philadelphia and Reading Railway Company, together
1164
BULLETIN OF THE DEPARTMENT OF LABOR.
with 50 freight stations and a large number o f coal yards. To reach
these points o f distribution there must be much shifting. Sometimes
only one or two cars are taken out o f a train fo r each yard, and as the
size and quality (a) o f the coal vary, the expense in this constant shift
ing is claimed to be very heavy.
These conditions apply to the shipping ports, where the coal com
panies are compelled to keep coal standing in cars to be shifted out
from time to time according to the orders o f the shippers. A t some
o f the very large ports, such as P ort Richmond, the Reading people
endeavor to overcome this difficulty by storing, when possible, large
quantities o f special sizes; but this method, it is claimed, subjects the
company to the necessity o f picking it up and reloading it, which, o f
course, is expensive.
It is also claimed— and I believe conceded by all— that the haul on
bituminous coal is longer than that on anthracite coal, and that when
once coal is loaded on cars and full trains are obtained the cost o f a
longer haul of, say, 50 miles or more is relatively a small additional
expense; that a full train can be transported a long distance much
cheaper than miscellaneous traffic can be, where trains must be broken
from time to time. These are the justifications for a less rate on
bituminous for a long haul than on anthracite coal for a short haul.
The expense o f producing coal, profits, transportation questions,
and some other matters o f great value and interest to this whole sub
ject are shown in the letter o f Mr. David W illcox, vice-president and
general counsel o f the Delaware and Hudson Company, attached hereto
as Appendix G.
G E N E R A L CONSIDERATIONS.
Much evidence has been offered to show the general condition o f
miners, their complaints and grievances, and the complaints and
grievances o f the operators. In a critical sense, these have all been
referred to above, and the various appendixes give them more fully.
It is very clearly shown by the evidence that the miners have done
something in the way o f securing discipline, although they have dis
appointed the operators in such attempts. The miners claim that they
have forced their members to accept discharge whenever they were
wrong, and have ordered men back to work when the strike was not
authorized by the labor union; that when the officers of the union have
been able to see the manager o f a company concerning any case and
have been allowed to confer, they have almost invariably been able to
arrive at an adjustment o f the difficulty, but that where the manager
« In the coal business ‘ ‘ quality ’ ’ means different kinds of coal, such as “ red ash,”
“ w hite ash,” and “ free burning.” The product o f nearly every colliery varies
m ore or less. M any consum ers require coal from a particular colliery.
REPORT OK ANTHRACITE COAL STRIKE.
1165
refused to deal with the representatives o f the union there was no
choice but to pass upon the matter according to the evidence o f one
side only, such evidence being taken as conclusive, and the officers
being obliged to decide in favor o f the men, who have preferred a
wish not to w ork under existing conditions.
This, it is claimed, injures the corporations, because the results have
not been based upon full evidence. The miners feel that the corpo
rations, when they refuse to recognize the right o f the unions to rep
resent the men in adjusting any difficulty, can not deny that the officers
have the power to decide whether or not the employees shall strike.
They also state that if the operators will make an agreement with
them they will carry it out as far as it lies in their power to do so,
but that without an agreement they are all the time quibbling as to
conditions under which miners shall work. They feel that an agree
ment in writing will protect the corporations from unjust strikes, if
they really desire such protection. The way it appears to the average
workman is that the operators do not want an agreement that will
bind them and prevent them from following their usual course.
On the other hand, the operators contend that no such agreement
would have any binding effect upon the miners, and that it is ridicu
lous and foolish to undertake to make one; that they are interfered
with constantly in their efforts to preserve order and good discipline.
A ll this shows, and proves clearly, that there is no confidence exist
ing between the employees and their employers, and that suspicion
lurks in the minds o f everyone and distrust in every action on either
side.
It is represented to me by reputable parties who have no interest in
the mining business one way or the other that the chief difficulty lies
in lack o f organization. This is shown by the existence o f many prac
tices in the management o f coal mines which appear to be unwise,
unfair, and calculated to work hardship. There are many prosperous
miners in the coal region, and o f course there is also, as in every
industry, great destitution. The whole problem is an extremely com
plex one, and involves many practices that have been built up through
long years. The mine owners too often have regarded the average
miner as unreasonable, and likely to be unruly when occasion offered.
The miner has come to regard the average owner as greedy and ready
to do anything which will take advantage o f him. Long-continued
conditions on this basis o f suspicion make the question one o f great
difficulty.
It would seem reasonable that if the men should be sure o f steady
work, or fairly steady work, they could well afford, perhaps, to take
less wages, or even to continue on the present basis o f payment. It is
insisted by many that eight hours a day fo r six days in the week at
less wages than they are now receiving would make the miners as
prosperous a class o f workmen as can be found in the United States.
1166
BULLETIN OF THE DEPARTMENT OF LABOR.
Some o f the miners have testified that if they can be paid by honest
weight they do not care anything about the increase o f wages. They
say they would father work nine hours a day with a decreased wage
than on the old basis.
So there are all sorts o f conflicting statements from both sides.
Nevertheless, considering all the testimony that has been offered, and
weighing it as carefully and as impartially as I can, and listening to
the statements o f operators, miners, capitalists, bankers, students, and
others— to all o f whom I am grateful fo r their generous assistance—I
can not help feeling that there are certain suggestions that are reason
able and just in the premises.
SUGGESTIONS T H A T SEEM R E A SO N A B L E A N D JUST.
1. That the anthracite employees should organize an anthracite coal
miners5 union, in its autonomy to be independent o f the United Mine
W orkers o f America. The new union might, o f course, be affiliated
with the United Mine W orkers and the American Federation o f Labor,
but in the conduct o f all the affairs relating to the anthracite coal
regions the new union should preserve its own autonomy and be
financially responsible for its agreements. ,
2. That, considering all the facts relative to production, cost o f coal
at the mines, profits, freight traffic, etc., it would be reasonable and
just for the operators to concede at once a nine-hour day, but that
this should be done fo r the period o f six months as an experiment, in
order to test the influence on production, with the guaranty that if
production is not materially reduced thereby the agreement shall be
made fo r a more permanent reduction o f time.
3. That under a new organization consisting o f anthracite employees
there shall be organized a joint committee on conciliation, composed
o f representatives o f the operators and o f the new union, to which all
grievances as they arise shall be referred fo r investigation, and that
when two-thirds o f the committee reach a decision that decision shall
be final and binding upon both parties. (For practical illustration see
Appendix H — 66Contract o f bituminous coal miners and operators.55)
4. That the first duty o f such joint board o f conciliation shall be to
enter upon a thorough examination and investigation o f all conditions
relative to mining anthracite coal, to question o f weighing, to dis
cipline, to wage scales, and to all matters that now form the burden
o f the complaints and grievances o f both operators and miners, such
investigation or examination to be made through the employment o f
experts to be selected by the joint committee, the results o f such
investigation not to be considered in the nature o f an award o f a board
o f arbitration, but as verified information on which future contracts
can be made.
REPORT ON ANTHRACITE COAL STRIKE.
1167
5. That whenever practicable and where mining is paid fo r by the
ton, and until the joint committee referred to shall have made its
report, coal shall be paid for by the ton and be weighed by two inspect
ors, one representing the operators and one representing the men,
each side to pay its own inspector.
6. That there shall be no interference with nonunion men.
7. That whenever practicable collective bargains shall be made rela
tive to wages, time, and other conditions, under rules to be established
by the joint committee referred to.
The proposition has been made that with the experience o f the past
the operators, in agreement with the miners, might establish a uniform
or fixed percentage o f deduction from all coal mined as representing,
on the average, the impurities, the result o f which would be that every
miner would know that a certain fixed percentage is to be deducted
from the coal mined without reference to its purity; that such a rule,
while it would be unfair and absurd in some cases, would be generous
in others, and thus an understanding reached which would avoid all
the irritations which now accompany the subject o f weighing and the
deduction fo r impurities. The question is full of difficulties, and it
may not be possible to crystallize the proposition into a fixed rule; but
it may be worth consideration b y a joint committee such as has been
suggested.
The conclusions stated above, Mr. President, seem to me, in the
light o f all the evidence that has been furnished me, to be reasonable
and just, and should they be adopted, with some modifications, perhaps,
here and there, they would lead to a more peaceful and satisfactory
condition in the anthracite coal regions. They may not lead, even if
adopted fully, to perfect peace nor to the millennium, but I believe
they will help to allay irritation and reach the day when the anthracite
coal regions shall be governed systematically and in accordance with
greater justice and higher moral principles than now generally prevail
on either side.
I am, Mr. President, very respectfully, your obedient servant,
C a r r o l l D. W r i g h t , Commissioner.
The P r e s id e n t .
APPEN D IX A .—STATEMENT OF THE D E LA W AR E AND HUDSON
COMPANY SHOWING POSITION OF THE OPERATORS, SEPTEMBER,
1900.
[Draft—not completed or published.]
The follow ing statement o f the facts regarding the present labor
disturbance in the collieries o f this company has been prepared for the
information o f parties interested:
The present strike in the W yom ing anthracite coal region, where the
collieries o f this company are situated, is caused solely by the demands
1168
BULLETIN OF THE DEPARTMENT OF LABOR.
o f an association calling itself the United Mine W orkers o f America.
This association has never been known in the anthracite regions until
the last few months. It is an organization o f bituminous coal workers
which has recently had considerable success in raising wages paid to
such workers and consequently prices charged to the public for such
coal. V ery recently its organizers came into the anthracite regions,
where there were no expressions o f discontent, and stirred up the
present strike, with the purpose o f securing to this association control
o f the entire coal business o f the country, with the resulting power and
profit.
The ostensible ground o f the strike is failure by the producers to
comply with a demand on the part o f the United Mine W orkers that
there shall be an advance in the scale o f prices which has been in force
since before 1880, with the slight changes which will be stated below.
The Mine Workers* have, it is true, alleged some other grievances, but
it will be shown later that they are without merit and have no appli
cation to this company.
In order to insure safety in its handling and also the use o f a quality
suitable for work the practice has been fo r the miners to buy their
powder from the mine owners. The price at which the powder shall
be charged to the miners is therefore necessarily an element in fixing
the amount to be paid to them. What is known as the sliding-scale
method o f fixing wages— namely, relatively to the price o f coal per
ton—has never prevailed in the W yom ing region, and the Mine
W orkers now demand that it be abolished everywhere. The wages
paid by this company have always been a fixed sum per mine ton or
carload o f coal mined, without regard to fluctuations in the price of
coal. The amount o f this mine ton was originally fixed at an amount
which it was found would produce 2,240 pounds o f merchantable coal
above the pea or three-quarter inch size.
It has been somewhat
reduced as the smaller sizes have become merchantable, thus some
what decreasing the amount o f coal to be produced by the miner as
the unit o f payment. When payment is made by the carload this mine
ton is the basis— the payment fo r the carload is regulated by the num
ber o f mine tons which it contains.
I f the coal which the miner sends out o f the mine contains more
than an average amount o f slate or other stone a corresponding deduc
tion is made from the gross weight. I f this were not done the mine
owner would be compelled to pay the same fo r mining unmerchantable
stone as merchantable coal. The amounts thus 44docked,” as it is
called, are determined by experienced men who have no object in com
mitting injustice. A ny complaints regarding their decisions in indi
vidual instances always receive prompt attention. The amounts thus
deducted from the gross weight o f the coal are not considerable in the
aggregate. In 1899 they amounted to less than 3 per cent, namely
2.79 per cent o f the coal mined.
BEPOET ON ANTHBACITE COAL STBIKE.
1169
The present scale o f wages has prevailed, with very slight changes,
since before 1880. The basis was originally the rate to be paid for
the top vein at Carbondale, which now stands at 67 cents. A ll other
mining work is arranged by variations in that rate proportioned to
the difficulty o f the mining. The scale is therefore complicated and
varies with the different veins and the different collieries according to
the character o f the work. The average result is shown hereafter.
In addition to extracting the coal, payment is made to the miners at
fixed rates fo r different kinds o f development work.
As already
stated, the price o f powder was a necessary part o f the scale o f wages
and at the beginning o f 1880 it was fixed at $2.75 per keg. In 1889
the question o f reducing the price o f powder and readjusting wages
accordingly— as has been done in the Schuylkill region— was sub
mitted to a vote o f the miners and was decided in the negative. In
1893 there was a slight increase in the rate o f wages. Substantially
the same scale o f wages has therefore prevailed since 1880. The vari
ations in the cost o f powder to the company have had no effect upon
the wages paid. They have constantly remained the same. The fact
that this scale o f wages has continued in force so long without dis
turbance indicates that it is not unfair to the miners.
It is well known that the price o f living was considerably greater
when this scale o f wages was fixed than at the present time, so that
the purchasing power o f the wages was less than at present. A care
ful examination shows that the price o f living is less at present than
it has averaged during the past ten years. On the other hand, the
profit realized from the business was greater when the scale o f wages
was fixed, because the price o f coal was higher in 1880 than it has
been since 1881. F or example, the average price at tide water for all
sizes in 1880 was $3.73; since that time it has declined, reaching as low
figures as $2.71 in 1898; at present it is $2.80 per ton, almost $1 less
than it was when the scale o f wages was fixed. A t the same time the
cost o f mining has increased by reason o f the exhaustion o f the upper
and larger veins and the consequent necessity o f working lower and
smaller veins, requiring more extensive machinery fo r hoisting and
pumping and the payment o f higher wages relatively to the amount
o f coal produced. The rates o f royalty paid upon leased coal lands,
also, have increased, and latterly there has been a considerable rise in
the price o f materials. The fact that the cost o f powder to the com
pany has fallen has somewhat offset those charges. But the effect o f
these conditions is likely to continue and increase.
During all this time, since 1880, wages have never been reduced, but,
as already said, have constantly continued the same. A very thorough
examination was made regarding wages fo r the year 1899 in the W y o
ming region generally, and it was found that the average daily net
earnings o f the miners had been $2.85; that 80 per cent o f the miners
1170
BULLETIN OF THE DEPARTMENT OF LABOR.
employed by this company had earned more than $500 net during the
year, and that the average fo r all was considerably above that sum.
This is over and above payments fo r powder and the estimated amount
paid by miners to laborers employed by them to load the cars. The
employment o f these laborers arises from the fact that the miners do
not load the cars themselves. W hen working at full time the miner
does not remain underground more than six to seven hours, and his
laborer loads the coal which the miner has blasted down in that time.
The wages thus earned were quite as high as the wages paid to similar
classes o f labor, and were higher than the average earnings of the
wage-earners o f the country engaged in manufacturing, which average
was placed by the last census at $445. A s regards labor other than
the miners, the wages vary considerably with the character o f the
work and of the laborers. The company has always paid the full cur
rent rates. A t present the wages paid to ordinary unskilled laborers
are $1.69 per day.
During the present year employment has been more steady and the
aggregate o f wages paid larger than usual. One o f the present active
members o f the Mine W orkers’ Union, who has been in the employ
ment o f this company, has earned daily wages during the eight months
o f the present year o f $3.96 and an aggregate o f $812.62 over and
above all expenses. His dockage amounted to but sixty-eight onehundredths o f 1 per cent o f the coal which he mined. The pay rolls o f
the company for last August, covering all its collieries, show that the
average rate o f net daily earnings o f the miners was $2.61; the average
number o f days worked was 174, and the average net earnings during
the month were $45.01.
The profits o f the company’s business generally are no greater now
than when the scale o f wages was fixed in 1880. On the contrary,
during the five years 1880-1884 the average net earnings were 8.65
per cent upon the capital, while during the five years 1895-1899 they
were but 6.55 per cent. W hile wages have been thus constant, busi
ness conditions have compelled the company to reduce, and at times to
pass, its dividends. Its present rate o f dividend is 5 per cent, making
the total payment on that account $1,750,000, while it pays out annu
ally in wages o f all kinds about $10,500,000.
Under these conditions the United Mine W orkers demand an in
crease in the wages, which, as already stated, have prevailed for twenty
years past. The increase is demanded upon every species of work
connected with mining, and its result would amount to an increase o f
about 70 per cent over the present rates. In the case o f this company,
it annually pays out in wages at the mines about $5,000,000, so that
the increase demanded would be $3,500,000, or 10 per cent upon the
company’s capital stock and considerably more than its present earn
ings. Capitalized at 5 per cent, the company’s dividend rate, this
REPORT 0N ANTHRACITE COAL STRIKE.
1171
would amount to $70,000,000, or twice the capital o f the company.
It will be seen that such a demand as this can not safely be submitted
to arbitration, but must be met by those who are charged with respon
sibility for the company’s property. The result o f compliance there
with would necessarily be not only to absorb more than the company’s
net earnings, but also to greatly raise the price of coal to the public.
In justification o f this startling demand the Mine W orkers allege
increase in cost o f living and increase in the price of coal and excess
ive profits realized from the business.
These assertions are made
generally without the support o f any facts or figures. It has already
been shown that there is nothing in the claim regarding the cost of
living; that the price o f coal has fallen, and that the profits o f the
business are very moderate. The Mine W orkers also rely upon an
increase in wages in the bituminous coal regions. The facts are that
in those regions the miners’ wages were reduced during periods o f
commercial depression and have recently been approximately restored,
but in general are not yet equal to those paid in the anthracite
regions. Inasmuch as there has never been any reduction in the
anthracite regions, the suggestion is without force.
The matter o f the charge fo r powder upon which so much stress is
laid has been already explained. It has always been an element in the
rate o f wages. The Mine W orkers urge that the price o f powder
shall be reduced from $2.75 to $1.50 per keg, making a difference o f
$1.25 upon each keg. As a keg o f powder is on an average sufficient
fo r 15 tons o f coal, this would mean an advance of 8-J- cents paid to the
miner upon each ton o f coal; cost o f production would be increased
by that amount. This must therefore be regarded as merely an
element in the general demand fo r increased wages. The so-called
matter o f dockage has been already explained. In that connection it
should be said that the Mine W orkers demand that wages shall be
based not upon a ton o f merchantable coal but upon a ton sent out by
the miner, irrespective o f whether it is coal or refuse, and subject to
no deduction or “ dockage” save by agreement between a representa
tive o f the company and an independent representative o f the miners.
This, o f course, is another element in the demand for increased wages.
Such a system would impose upon the mine owner, in the absence of
an agreement to deduction by the miners’ representative, the obliga
tion to pay for whatever worthless rubbish might be loaded into the
cars.
One very significant feature o f the United Mine W orkers’ demand
is that there shall be no favoritism, and “ that no miner shall at any
time have more than one breast, gangway, or working place, and
shall not get more than an equal share o f cars for w ork.” The object
o f this is, o f course, to place all miners on an equality; the skillful
and the unskilled are to be treated alike.
1172
BULLETIN OF THE DEPARTMENT OF LABOR.
The United Mine W orkers demand that the company store and the
company doctor shall be abolished. This company has had no such
features, certainly fo r the last thirty years; there are very few such
stores anywhere in the region, and it is optional with the miners
whether to deal with them. These suggestions are therefore mis
leading generally and, so far as this company is concerned, are wholly
without application. The Mine W orkers demand also compliance
with the State law providing that all industrial concerns shall pay
their employees semimonthly, and in cash. This company always
pays its employees in cash. Payment is made monthly, on precisely
the same day in the month at each colliery. The miners have never
expressed a desire fo r semimonthly payments, but, on the contrary,
have frequently requested that the monthly system be continued.
Inasmuch as the amount paid out in wages at the collieries is very
large, aggregating over $400,000 per month, the monthly system is
more convenient, and has been continued in the absence o f any objec
tion upon the part o f the miners or any request upon their part that
the semimonthly system be adopted.
The company has received no communications whatever from its
own employees with reference to the matters o f which the United
Mine W orkers complain. Within the last month it received two
printed circulars suggesting numerous changes in the direction o f
increase o f wages, the effect o f which has already been stated, signed
by individuals unknown to it, and not even stating what official posi
tion, if any, they claimed to hold among the Mine W orkers. The
foregoing facts show that it was not practicable to yield to such
demands. Upon September 12, 1900, at 4.42 p. m., it received a tele
gram from Indianapolis, Ind., signed “ John Mitchell, president; W . B.
W ilson, secretary and treasurer United Mine W orkers o f Am erica,”
proposing that “ the whole question o f wages and conditions in the
anthracite coal fields be submitted to arbitration.” A communication
from Mr. Mitchell to the newspapers states that forty-eight minutes
afterwards— namely, at 5.30 p. m. o f that day— the present strike was
ordered. The company always confers with its own employees, either
individually or collectively, and in whatever branch o f its service,
with reference to any suggestions which they desire to make. This it
expects to continue to do, but it has had no such opportunity so far as
concerns the matters now involved. So far as it is aware, its
employees have for the most part been deterred from work not by
any dissatisfaction regarding the scale o f wages, but by indisposition
to be subjected to the abuse and ill-treatment to which an independent
stand in the matter would expose them.
In conclusion it may be said that the company has fo r the past
twenty years paid to its employees at the collieries wages which have
never varied with the fluctuations in its business; which compare
REPORT ON ANTHRACITE COAL STRIKE.
1173
favorably with wages paid fo r similar labor, and which have been
mutually satisfactory.
In these circumstances, the United Mine
W orkers, an association originating elsewhere and in a different indus
try, have come in to arouse discontent by putting forth demands which
have no warrant in present business conditions and which are so
extravagant that it would be ruinous to grant them. W hile the Mine
W orkers are permitted to combine to raise the cost o f production, the
mine owners are prohibited by law from combining to raise the price
o f the product accordingly. The object o f the Mine W orkers is to
obtain control o f the entire coal production o f the country. The pres
ent onslaught upon a great industry where those concerned were all at
peace is but a slight indication o f what would follow from such a
gigantic combination o f power. No organization in the country would
approach in power one having absolute control over its fuel supply,
and none could be so destructive o f its industrial independence and
prosperity.
APPENDIX B .—CORRESPONDENCE BETW EEN MR. JOHN MITCH
ELL, PRESIDENT OF THE UNITED M INE WORKERS OF AM ERICA,
AN D M R. OLYPHANT, PRESIDENT OF THE D ELAW AR E AND
HUDSON COMPANY, RE LA TIV E TO PROPOSED CONFERENCE IN
M ARCH, 1901.
O f f ic e o f t h e P r e s id e n t ,
T h e D e l a w a r e a n d H u d so n C o m p a n y ,
New York, M arch 6, 1901.
J o h n M it c h e l l , Esq.,
President United M m e Workers o f Am erica,
Indianapolis, Ind.
D e a r S i r : Upon February 15, 1 9 0 1 ,1 received a telegram from
yourself reading as follows:
44W ould you kindly wire if your company will participate in a
joint conference with anthracite miners during the month o f March
fo r the purpose o f agreeing upon scale o f wages for period which
would be mutually agreeable to operators and miners ? A reply would
oblige.”
Upon the next day I answered said telegram as follows:
441 understood that matter o f wages was satisfactorily adjusted last
October, and we have no present intention o f departing from the
arrangements then made. I therefore see no object in the conference
which you suggest, even if that method o f procedure were desirable,
which seems very doubtful.”
I am now in receipt o f a letter from yourself dated February 26,
1901, stating that it is addressed to me 46fo r the purpose o f inviting
your company to be represented at a joint conference o f mine workers
and mine owners which has been called to meet at Hazleton, Pa.,
1174
BULLETIN OF THE DEPARTMENT OF LABOR.
on March 15.” Y ou do not state by whom this jo in t conference has
been called, and I am unable to learn o f any mine owners who have
participated in calling the same. M y dispatch above set forth indi
cated that, so far as this company was concerned, I did not deem it
necessary or desirable to call such a conference.
A s the result o f the strike o f last October wages were increased 10
per cent, and in connection therewith the price o f powder was reduced,
and these arrangements were accepted as satisfactory. This company
has no intention o f departing from them. It therefore seems unnec
essary to have a conference fo r the purpose o f limiting their duration
to “ a definite and specified length o f time,” as you suggest in your
letter. As regards the grievances concerning other matters, which at
the time o f the strike were asserted to exist, they were in great part
without application to the business o f the company and seemed to be
based upon a lack o f familiarity therewith. So far as they had such
application they have been taken up b y the company with its own
employees and adjusted with them in such manner as the best interests
o f all concerned seemed to render practicable. This has been in
accordance with the constant practice o f the company to confer with
its own employees and make every possible effort to meet their views
regarding questions affecting its business.
I note the favorable views which you express in regard to the char
acter and effect o f your organization and have given them the consid
eration which your letter requests, but do not think it would be useful
to enter into a discussion as to whether they are well founded. Such
expressions o f opinion as I have heard from bituminous operators lead
me to think that your views are not shared by the other parties to the
“ annual agreements” o f which you speak. A s regards our own expe
rience, since the general strike o f last October was settled by an
arrangement which was understood to be generally satisfactory cer
tainly local strikes have been more numerous than before.
I note also the statement that your motive is “ o f obtaining fair
wages and equitable conditions o f employment for mine employees, as
well as reasonable profits fo r those who have their money invested in
coal properties.” These are, o f course, the fundamental results to the
accomplishment o f which have always been directed the efforts and the
ability both o f those who are employed in the business o f this com
pany and o f those who have the property intrusted to their care.
They are worked out by constant conference among the employees and
officers o f every kind. It does not seem that the interests of the
employees have suffered. During the year 1900 this company paid
out in wages o f all kinds about $10,500,000, while it distributed among
its stockholders $1,750,000. These payments on each account will
probably be larger during the present year.
This is the method o f conducting the affairs o f the company which is
REPORT ON ANTHRACITE COAL STRIKE.
1175
contemplated and established by the law. A s at present advised, I ques
tion whether it would be improved by entering into arrangements
which do not have the legal quality o f agreements or contracts as you
describe them, and the terms o f which would be settled by parties
having little acquaintance with the mining operations o f this company
and practically none with its affairs generally. I think that experience
has shown that conferences such as you suggest are apt to lead to
excessive demands, based largely upon failure to appreciate the com
plicated facts and relations which g o to make up any large industry;
that the excitement which they produce renders recession from such
demands very difficult; that disturbances are apt to follow which
are injurious to the properties concerned, but are peculiarly unfortu
nate in their effects upon the employees and upon the public, which
not infrequently is the greatest sufferer; that after such disturbances
have passed aWay, i f the losses which they have caused be compared
with the results which have been accomplished it will be found that
they have been o f little or no advantage, and that any readjustments
which have resulted have no binding or continuing force, but, like the
conduct o f the industry generally, are necessarily controlled by the
general laws, compliance with which can alone make any business
successful.
I have written thus at length because I desired to answer your let
ter in the spirit in which it was written, and to indicate why I answered
your dispatch with the statement that I did not deem the general con
ference suggested to be desirable, and now that, as you say, it has
nevertheless been called, why it does not seem to me judicious or
proper to take part therein. So far as concerns conferences with its
own employees in any branch o f its service regarding questions o f
mutual concern, I may again say that the officers o f the company are
and will be at all times ready and willing therefor.
Yours, very truly,
President.
APPEN D IX 0 .— CORRESPONDENCE BETW EEN UNITED M INE
W ORKERS OF AM ERICA AN D OPERATORS; LETTERS AN D TELE
GRAM S; OPERATORS’ CLAIMS.
The United Mine W orkers o f America, with headquarters at Indian
apolis, Ind., was an organization o f bituminous coal miners. About
1899 they sent emissaries into the anthracite coal fields, and began
the organization o f the anthracite coal miners.
In 1900 they felt themselves strong enough to inaugurate a strike.
The strike was settled by the operators agreeing to make a 10 per
cent advance in wages. This agreement abolished the sliding scale,
9491—No. 43—02-----3
1176
BULLETIN OF THE DEPARTMENT OF LABOR.
which had worked satisfactorily in the Schuylkill and Lehigh regions
for many years. Under this sliding scale the wages o f the miners were
regulated by the market price o f coal.
In A pril, 1901, the operators agreed to continue the advanced rate
o f wages until A pril, 1902.
Under date o f February 14, 1902, the United Mine W orkers o f
America, in a letter dated Indianapolis, Ind., invited the representa
tives o f the railroads and coal companies operating in the anthracite
districts o f Pennsylvania to “ a joint conference o f operators and
miners on March 12, at Scranton, Pa., the object o f the conference to
be the formation o f a wage scale fo r the year beginning A pril 1,1902,
and ending March 81, 1903.”
The presidents o f the various coal companies promptly replied to
this letter. The replies were all 'addressed to John Mitchell, presi
dent, and others, at Indianapolis, and are as follows:
M R. B A E R ’ S LETTER.
P h i l a d e l p h i a , F ebruary
18, 1902.
I beg to acknowledge the receipt o f your favor o f
February 14, from Indianapolis, inviting this company to be repre
sented at a joint conference o f operators and miners on March 12, the
object o f the conference to be the formation o f a wage scale for the
year beginning A pril 1, 1902, and ending March 31, 1903, and in
which you express the hope “ that the methods employed by the
miners’ organization in adjusting the wage scale in all districts where
it is recognized and contracted with will commend themselves to us.”
In the judgment o f the companies I represent it is impracticable to
form a wage scale for the whole anthracite region. The mining o f
anthracite coal is entirely different from that o f bituminous coal. H ow
far success has attended your organization in creating a uniform scale
o f wages in the bituminous regions satisfactory to all the interests
concerned is a question which it is not necessary to discuss, but the
dissimilarity between anthracite and bituminous mining is so great
that it does not follow that any success attending the creation of a
uniform wage scale in the bituminous region could be repeated in the
anthracite fields. Each colliery in the anthracite regions, by reason
o f the peculiar nature o f the veins, their pitch, water conditions,
depth, and quality o f coal, and its accompanying impurities (which
vary in each colliery, sometimes amounting to 2 tons o f refuse to
1 ton o f merchantable coal), is a problem by itself, and it is not
possible to create a scale o f wages covering the whole anthracite field
which will be just to the operators and to the mine workers.
The distinction between the bituminous and anthracite mines is
recognized in the Pennsylvania laws regulating mining, which have
G
entlem en:
REPORT ON ANTHRACITE COAL STRIKE.
1177
been enacted primarily at the solicitation o f the mine workers. Spe
cial laws are created fo r each. In the anthracite field a bituminous
coal miner can not be employed, no matter what his skill. The act o f
1889 in express terms requires an examination o f all persons who
desire to be employed as miners in their respective districts in the
anthracite regions, and only when such person has received a certifi
cate from the examining board can he be employed as a miner. The
law made an exception in favor o f the persons employed in an anthra
cite mine at the time o f the passage o f the act, and so drastic is this
legislation that every person applying fo r a certificate entitling him
to be employed as a miner is required to produce evidence o f having
had “ not less than two years’ practical experience as a mine laborer” —
that is, a mine laborer in the anthracite fields.
This company does not favor the plan o f having its relations with
the miners disturbed every year. The proposition to unsettle all the
labor conditions o f the various anthracite districts each year by hold
ing a conference between persons who are not interested in anthracite
mining and can not have the technical knowledge o f the varying con
ditions at each colliery, is so unbusinesslike that no one charged with
the grave responsibility o f conducting industrial enterprises can safely
give countenance to it.
W e will always receive and consider every application o f the men
in our employ. W e will endeavor to correct every abuse, to right
every wrong, to deal justly and fairly with them, and to give to every
man a fair compensation fo r the w ork he performs. Beyond this we
can not go.
The experience in the past year has not been satisfactory. There
can not be two masters in the management o f business. The objection
to your proposition is not alone the impracticability of forming a uni
form scale o f wages, but it is to the divided allegiance it creates. Disci
pline is essential in the conduct o f all business. It is o f vital importance
in mining operations, where the disobedience o f one man may endanger
the lives o f hundreds o f his fellow-workmen. You can not have disci
pline when the employee disregards and disobeys the reasonable orders
and directions in the conduct o f business o f his superior officer, relying
upon some outside power to sustain him. Tw o or three unreasonable
men can, because o f this divided allegiance, stop the operations o f a
colliery in the belief that their organization will support them, whether
right or wrong.
Y ou r organizations have no power to enforce their decrees, and
thereby insure discipline, and we have no power to maintain discipline
except the power to discharge. The moment we exercise this power
we would be subjected to an inquisitorial and ineffective supervision,
without any certainty as to how or when it will be possible to reach a
righteous decision or to enforce that decision when reached.
1178
BULLETIN OP THE DEPARTMENT OP LABOR.
A careful analysis o f the results o f last year’s operations shows that
the efficiency o f our own mines has decreased 1,000,000 tons, because
the contract miners have worked only four and one-half to six hours a
day. The number o f tons produced by each miner has decreased from
11 to 17 per cent. The average shows a decrease o f about 12£ per
cent. This has added an increased burden on the company and a loss
o f wages to the workers.
W ith no disposition to interfere with labor organizations in all honest
efforts to better the welfare and condition o f the working classes, we
respectfully decline to join in any conference for the formation o f a
wage scale fo r the next year.
Yours, truly,
G e o . F. B a e r ,
President.
MR. TRUESDALE’ S LETTER.
New
Y
ork,
February
18, 1902.
This will acknowledge receipt o f your communication
o f the 14th instant, asking this company to be represented at a joint
conference o f operators and miners to be held on March 12, at
Scranton, Pa.
In reply, beg to state that it is not the present intention o f this com
pany to be represented at such conference, if held.
The policy and practice o f this company is, and always has been, to
deal directly with all classes o f its employees through committees or
other representatives o f them duly accredited as such and also in the
employ o f the company, on all questions concerning wages, hours o f
service, and other conditions pertaining to their employment.
No good or convincing reason has ever been given, nor does the
management o f this company conceive o f any that can be, why the
employees in or about its mines should ask to have their wage matters
singled out and handled in the radically different way suggested from
that fixed by the company in dealing with all other classes o f its
employees.
The situation and conditions vary so widely as respects the mining
o f anthracite coal in the different fields, the several districts o f each
field, in the different mines in each district, and in the numerous veins
o f coal in each mine that it has been found necessary during the years
o f experience in mining anthracite coal to establish a great variety o f
rates o f wages and allowances o f different kinds in order to adjust
the wages equitably as between men working under these varying
conditions.
It must be manifest, therefore, to anyone familiar with these con
ditions and the practice that has grown up under them, that it is
entirely impracticable to adjust these wage questions in the anthracite
regions in any general convention or mass meeting composed o f all the
D
ear
S ir s :
REPORT ON ANTHRACITE COAL STRIKE.
1179
mine owners in the anthracite fields and representatives o f all their
employees, or in any other manner than as heretofore, i. e., direct
between employer and employee.
A s far as we are at present advised by any o f our men working in
or about our mines, they are well satisfied with their present rates of
wages, their hours o f work, and the general conditions under which
they perform their work fo r us. They are prosperous, contented, and
we believe recognize that they have been fairly and equitably dealt
with on all questions that have been brought to the attention o f the
management by representatives acting in their behalf.
This company must therefore decline to depart from its settled
policy in dealing with its employees, and put itself in a position with
respect to its mine employees where it may at any time involve itself
in the troubles or misunderstandings o f other anthracite mine owners
who may not deal with their employees in the same broad, liberal spirit
as has always characterized the transactions o f this company with its
employees in every department.
Respectfully,
W . H. T r u e s d a l e ,
President.
MR. TH OM AS’ S LETTER.
New Y
ork,
February 20,1902.
Acknowledging the receipt o f your favor o f the 13th,
requesting our presence at a conference o f operators and members o f
your association at Scranton on March 12, and referring further to
statements in your letter, two o f which should be promptly corrected,
viz:
Y ou state that “ A s the time is approaching when the verbal contract
entered into between you, representing the coal operators, and the
committee representing the anthracite mine workers will expire, and
believing it to be o f mutual advantage to all parties at interest to pre
serve harmonious business relations and industrial tranquillity by, if
possible, more fully determining the wages which should be paid and
the conditions o f employment which should obtain in the anthracite
field, we have been delegated by the representatives o f the anthracite
mine workers to write you and the presidents o f other coal-carrying
railroads with the purpose in view o f ascertaining if you would join
us in arranging a conference o f the representatives o f the anthracite
coal interests and representatives o f the mine workers, to discuss and
agree upon a scale o f wages fo r the year beginning A pril 1,1902, and
ending March 31, 1903.”
I f you will recall what passed at the interview between you and me
last year, you can not fail to recollect that no contract was entered
into, as well as my distinct, positive, and unequivocal statement to the
effect that I represented no interests whatever other than those con
D
ear
S ir s :
1180
BULLETIN OF THE DEPARTMENT OF LABOR.
trolled by the Erie Company, and that I did not represent nor assume *
to act for other than the coal companies controlled by the Erie. That
other companies did finally take similar action to the Erie, and con
tinue the rate o f wages then in effect, is quite true, but that I entered
into any arrangement with you to that effect is incorrect.
Y ou further state that “ You will, no doubt, recall that during our
last conference the hope was held out by you that, if conditions in the
anthracite field permitted, there was a probability o f the representa
tives o f the mine owners considering favorably our proposition fo r a
general joint conference.”
Recalling what passed at that interview and your claim at that time
to the recognition for which you are now asking, I distinctly stated
that confidence was a plant o f very slow growth, and it was not to be
expected that an association such as you represented could assume to
at once enjoy that confidence and respect upon which all business
understandings must necessarily be based; that if longer and more
intimate knowledge o f the workings o f your association should show
that it was entitled to such confidence, that would be a matter for
future consideration.
W ith this in mind, we have, during the past year, carefully observed
the workings in the anthracite field o f your association, which claims
to control and number in its membership a large majority o f the
anthracite miners.
I regret to say that the result o f these observations and the experi
ences o f the companies which I represent has not led to the conclusion
that a conference and the inauguration o f the methods you now propose
would be at all beneficial to either our companies or the employees.
So far, the apparent effect o f your association has been that at no time
during the last twenty years has a greater spirit o f unrest and agitation
prevailed among the anthracite miners than has existed during the
past year. Notwithstanding the advance in wages, the fair treatment
that has been accorded, the patient and friendly disposition manifested
toward the various committees, the depreciation in the quantity o f
work produced per man has amounted to about 12 per cent, and from
A pril to October 1 there have been no less than 102 interruptions o f
work occasioned by unwarranted demands and agitation by members
of your association, resulting in a loss o f over 900 days’ work and over
600,000 tons o f production; most o f them were brought about by
unwarranted causes, and there has been an apparent disposition on the
part o f the younger element to keep the whole territory in a condition
o f unrest, a condition that is certainly not fo r the best interests of
either the corporations or the employees. In some cases mines have
been closed for long periods, and some o f them are still closed, because
the members o f your association decline to allow men not belonging
to that organization to work in the same mine. Not only that, but in
BEPOBT ON ANTHBACITE COAL STBIRE.
1181
many o f the mines the drivers have, at different times, declined to
deliver cars to nonmembers o f your association.
It is the inalienable right o f a man to labor, and this without regard
to nationality, creed, or association. To seek to prevent it is a crime,
and we can not, even by implication, sanction such a course.
The business o f mining anthracite coal is entirely different and dis
tinct from that o f bituminous, and no common practice can succeed.
A s a result o f the experience o f years, different methods and different
prices have obtained, not only in the different regions, but in the dif
ferent mines as well, and to undertake to change those or to attempt to
bring about a condition approaching uniformity is impossible. A ny
agreement would necessarily have to be o f the broadest and most indefi
nite character on account o f the varying conditions. The interpretation
o f such a general agreement would result in endless strife, ill-feeling,
and petty strikes. W ere the association in the anthracite region com
posed entirely o f English-speaking adults, dealing with them would be
an entirely different question from what is to-day presented, when over
twenty different nationalities, speaking some fourteen or fifteen differ
ent languages and dialects, are involved, and when approximately 20
per cent o f the labor employed is composed o f boys and youths under
21. W e believe it impossible fo r any association to so control or to
enter into any agreement fo r them as a whole that will have beneficial
results.
It is no concern o f this company whether the men belong to an asso
ciation or not. It is their inalienable right to take either course that
they may deem fo r their best interests; nor ought we to be asked, in
view o f the grave responsibilities resting upon us, to consent to join
with persons not in our employ in making general laws applying not
only to our districts but to others and affecting as well large numbers
of persons n<5t belonging to your association.
Y ou now ask this company to join the representatives o f other
anthracite coal interests and a representative o f the Mine W orkers to
formulate a scale o f wages and conditions o f employment which shall
govern the coming year.
In our judgment this is impracticable, and the best interests o f the
companies represented, no less than those o f the miners themselves,
render impracticable any such efforts. This company prefers to deal
with its own employees. It is prepared to pay them the highest wages
in force fo r similar w ork; to accord them fair, considerate, and liberal
treatment; to listen patiently and to endeavor to the utmost extent to
remedy any injustice o f which they may complain, and in every man
ner within our power to make pleasant, profitable, and permanent the
relations between us. Such is the course that for over fifty years it
has pursued in dealing with its employees, and the experiences o f the
past have demonstrated the correctness o f this position. There would
1182
BULLETIN OF THE DEPARTMENT OF LABOR.
seem to be no good reason for now departing from this course
and proceeding on new and untried lines, especially in view o f the
experiences o f the past year, which, to our mind, demonstrated the
impracticability o f what you propose.
Yours, truly,
E. B. T h o m a s .
MR. FO W LER’ S LETTER.
New
Y
ork,
February 20,1902.
I have received your communication o f the* 14th instant,
addressed to me as president o f the New Y ork, Ontario and Western
Railway Company. That company operates no coal mines, but I
assume that you have invited me to attend the conference you propose
calling at Scranton, because I am president o f the Scranton Coal Com
pany and o f the Elk Hill Coal and Iron Company, both engaged in
mining anthracite coal and whose product is shipped over the lines o f
the railway company named.
In reply I desire to state that the collieries operated by the com
panies named differ so widely in their character and the conditions
o f work vary so greatly that even a conference of the men employed
in all our collieries, for the purpose o f settling the conditions o f work
and wages o f the employees in each individual colliery, would be
impracticable.
A t present there are no differences between our companies and the
employees; but should any arise, the only practical method o f settle
ment is by discussion by the men themselves with the immediate super
intendent; that failing, the executive officers o f the companies stand
ready at any time to take up any matter in dispute and, to the best of
their ability, adjust it fairly.
This being my view, you will see that it would be futile to discuss
any such questions as you indicate may be brought up by you at your
convention with those whom we do not recognize as representative o f
our men, nor even conversant with the subject you propose to discuss.
Believe me, very truly, yours,
T. P. F o w l e r .
D
ear
S ir s :
MR. ^WALTER’ S LETTER.
N ew Y
ork,
February 20,1902.
I beg to acknowledge receipt of your letter o f 14th
instant, inviting this company to attend a meeting to be held in Scran
ton with representatives o f your organization, for the purpose o f dis
cussing a wage schedule fo r the year beginning A pril 1,1902, and
ending March 81, 1908.
The proposition you submit is not one we can entertain, as the mat
ters which it is proposed to discuss, it seems to us, are those which we
G
entlem en:
REPORT OK ANTHRACITE COAL STRIKE.
1183
should arrange by dealing directly with our own employees, and do
not call for the intervention o f the organization which you represent.
Yours, truly,
A l f r e d W a l t e r , President.
MR. O LYPH A N T’ S LETTER.
N e w Y o r k , February 19,190%.
On February 17,1901, in reply to a telegram from
you asking if the company which I represent would join in a confer
ence with others fo r the purpose o f arranging scale o f wages fo r the
anthracite coal region, I said that I understood the matter o f wages
had been satisfactorily adjusted in the previous October, and could
therefore see no reason fo r such a conference. On February 20, how
ever, you invited me to such a conference. On March 6 I addressed
you a letter in reply, setting forth at length the reasons why I was
compelled to decline your invitation; and now that you and others
have invited me to a similar conference, I beg to refer you to that
letter, simply adding that time has confirmed my faith in the action
then taken, or, rather, strengthened it, as in your last communication
you plainly intimate that you expect the wage schedule to be reviewed
yearly— a condition which is at once unbusinesslike and utterly opposed
to the proper conduct o f the anthracite mining industry. I must,
therefore, once more decline your invitation.
Yours, very truly,
R. M. O l y p h a n t , President.
G
entlem en:
M R. STEARNS’ S LETTER.
W i l k e s b a r r e , P a . , February 19, 190%.
I am in receipt o f your favor o f the 14th instant, ask
ing that our company be represented at a proposed conference to be
held in Scranton on March 12 to formulate a wage scale fo r the year
beginning A pril 1, 1902, and ending March 31, 1903.
1 am not aware that there is any question o f wages between our
employees and the companies I represent.
Y ou have said, if correctly reported, that if the employers would
meet their employees and discuss with them the various questions that
arise strikes would be avoided and both parties would be mutually
benefited. 1 beg to say that we have in the past, and w ill in the
future, meet our employees to discuss and, if possible, adjust any
questions that may arise. Knowing that our employees are thor
oughly familiar with the existing conditions and much better qualified
to discuss intelligently questions o f wages than strangers would be,
I must, in justice to our employees, as well as to the company I repre
sent, decline to take any part in the proposed conference.
Yours, truly,
G
entlem en:
I r v in g A . S t e a r n s ,
President Coxe B ros. & Co., Inc.
1184
BULLETIN OF THE DEPARTMENT OF LABOR.
On March 14, 1902, the operators posted the following notice at
each colliery:
“ The rates o f wages now in effect will be continued until A pril 1,
1903, and thereafter, subject to sixty days5 notice.
“ Local differences will, as heretofore, be adjusted with our employees
at the respective collieries.55
MR. M ITC H E LL’ S TELEG R AM .
M a r c h 22, 1902.
B y direction o f miners5 convention, I wire to ascertain if your
company will join other anthracite coal companies in conference with
committee representing anthracite mine workers for purpose o f dis
cussing and adjusting grievances which affect all companies and all
employees alike. Please answer.
John M
it c h e l l ,
Chairm an .
A N SW E R .
M a r c h 24, 1902.
Always willing to meet our employees to discuss and adjust any
grievances. 1 had hoped that my letter clearly expressed our views.
G e o r g e F. B a e r .
The United Mine W orkers held their convention at Shamokin and
published in the newpapers a demand upon the operators for an increase
in wages, an eight-hour day, fo r the weighing o f coal, fo r a uniform
scale, etc., with notice that after the 1st o f A pril the miners would
only work three days a week until the operators had come to an agree
ment, and appealing to the Civic Federation to aid them in securing
their demands.
The Civic Federation, through its chairman, Senator Hanna, invited
certain o f the coal operators, and especially the presidents o f the larger
coal companies, to meet the officers o f the United Mine W orkers and
the Civic Federation to discuss the subject. The coal presidents met
the officers o f the Mine W orkers and the Civic Federation in the city
o f New York. Mr. Thomas submitted the following propositions,
which were understood to be the basis o f the conference:
First. The anthracite companies do not undertake in the slightest
manner to discriminate against members o f the United Mine W orkers
o f America, but they do insist that members o f that organization shall
not discriminate against nor decline to work with nonmembers o f such
association.
Second. That there shall be no deterioration in the quantity or qual
ity o f the work, and that there shall be no effort to restrict the individ
ual exertions o f men who, working by the ton or car, may for reasons
satisfactory to themselves and their employers produce such a quantity
o f work as they may desire.
REPORT OK AKTHRAOITE COAL STRIKE.
1185
Third. B y reason o f the different conditions, varying not only with
the districts but with the mines themselves, thus rendering absolutely
impossible anything approaching uniform conditions, each mine must
arrange either individually or through its committees with the super
intendents or managers any questions affecting wages or grievances.
A fter discussing at great length the anthracite coal situation, an
adjournment was taken fo r thirty days. A t the expiration o f the thirty
days another meeting was held with the Civic Federation, with Mr.
Mitchell and his district presidents, together with a large committee
o f miners. Another full and free discussion took place without reach
ing any conclusions.
A t the suggestion o f the Civic Federation a committee composed o f
Mr. Mitchell and his district presidents, and Messrs. Thomas, Truesdale, and Baer, were appointed to further consider the points at issue
and report to the Civic Federation at a date to be fixed by the chairman.
This committee spent two full days in a friendly discussion without
obtaining practical results. The Civic Federation was not again
reconvened. Mr. Mitchell, however, convened his district executive
committee, and on May 8 he sent the following dispatch:
S c r a n t o n , P a . , M ay 5 , 190%.
Conscious o f the disastrous effects upon mine workers, mine opera
tors, and the public in general which would result from a prolonged sus
pension o f work in the anthracite coal regions o f Pennsylvania, and with
earnest desire and hope o f avoiding the impending calamity, the rep
resentatives o f the anthracite mine workers have authorized us to sub
mit the follow ing propositions: First, inasmuch as the anthracite mine
operators have proposed to continue the present wage scale for one
year, and inasmuch as the anthracite mine workers have unanimously
resolved to ask that an increase o f 20 per cent should be paid on pres
ent prices to all men performing, contract work, that eight hours
should constitute a day’s labor fo r all persons employed by the hour,
day, or week, without any reduction in their present wage rate, and
that coal should be weighed and paid fo r by weight wherever practi
cable, and inasmuch as in our recent conferences the anthracite mine
workers and mine operators have failed to reach an agreement upon
any o f the questions at issue, we propose that the industrial branch of
the National Civic Federation select a committee o f five persons to
arbitrate, and decide all or any o f the questions in dispute, the award
o f such board o f arbitration to be binding upon both parties and
effective fo r a period o f one year. Second, should the above propo
sition be unacceptable to you, we propose that a committee composed
o f Archbishop Ireland, Bishop Potter, and one other person whom
these two may select, be authorized to make an investigation into the
wages and conditions o f employment existing in the anthracite field,
1186
BULLETIN OF THE DEPARTMENT OF LABOR.
and if they decide that the average annual wages received by anthra
cite mine workers are sufficient to enable them to live, maintain and
educate their families in a manner conformable to established Ameri
can standards and consistent with American citizenship, we agree to
withdraw our claims fo r higher wages and m ore equitable conditions
o f employment, providing that the anthracite mine operators agree to
comply with any recommendations the above committee may make
affecting the earnings and conditions o f labor o f their employees.
An immediate reply is solicited.
John M
it c h e l l ,
Chairmcm.
T. D.
N ic h o l l s ,
Secretary.
ANSWERS.
M
John M
ay
8, 1902.
it c h e l l :
Not only from our standpoint, but from yours as well, the matter
has had such full and careful consideration in all its features at our
several interviews last week as leaves little to be discussed. In addi
tion, m y letter o f February 20 can not fail to make'it clear to you as
it is to us that the subject can not be practically handled in the manner
suggested in your telegram.
E. B. T h o m a s .
M
John M
ay
8 , 1902.
it c h e l l :
Y ou r message o f this date received. Y ou fail to state in it that the
notices posted by this company not only agree to continue paying the
10 per cent increase granted our mine employees in 1900 until A pril 1,
1903, and thereafter subject to sixty days5notice, but it also states our
mining superintendents will take up and adjust any grievances with
our employees. The reasons why we can not grant your demand have
been most fully explained in our recent conferences and my letter to
you o f February 18 last. In view o f all these facts I am sure you can
not expect us to concur in either o f the propositions contained in your
message referred to.
W . H. T r u e s d a l e .
P h il a d e l p h ia ,
John M
M ay
9 , 1902.
it c h e l l :
I was out o f town; therefore the delay in answering your dispatch.
By posted notices, the present rates o f wages were continued until
A pril, 1903, and thereafter subject to sixty days’ notice. Local differ
ences to be adjusted as heretofore with our employees at the respective
1187
REPORT ON ANTHRACITE COAL STRIKE.
collieries. By written communications, by full discussion before the
Civic Federation, by protracted personal conferences with yourself
and the district presidents, we have fully informed you o f our position.
W e gave you the figures showing the cost o f mining and marketing
coal, and the sums realised therefrom in the markets, in the hope o f
convincing you that it was absolutely impracticable to increase wages.
T o your suggestion that the price o f coal should be increased to the
public, our answer was that this was not only undesirable, but in view
o f the sharp competition o f bituminous coal it was impossible. W e
offered to permit you or your experts to examine our books to verify
our statements. Anthracite mining is a business, and not a religious,
sentimental, or academic proposition. The laws organizing the com
panies I represent in express terms impose the business management
on the president and directors. I could not if 1 would delegate this
business management to even so highly a respectable body as the Civic
Federation, nor can I call to my aid as experts in the mixed problem
o f business and philanthropy the eminent prelates you have named.
G e o . F. B a e r .
N e w Y o r k , M ay 8,190®.
Esq.,
President United M ims Workers o f Am erica, Scranton, P a .:
Y ou r telegram is received. The concessions made by the mine
operators in your last strike added to the wages o f the mine workers
six millions o f dollars or more per annum. Y ou now propose changes
adding a charge o f many millions more and suggest that you will
make a further demand a year hence. The'public will not meet such
advances b y submitting to an increase in the price o f coal, and the
operators can not meet them without such aid. I must, therefore,
decline your proposition.
John M
it c h e l l ,
R. M . O lyphant,
President.
No further communications have been received.
APPENDIX D .—REPORT OF MR. E. E. LOOMIS, SUPERINTENDENT
OF THE COAL M INING DEPARTMENT OF THE D E LA W AR E , LACK
A W A N N A AN D W ESTERN RAILROAD COMPANY.
D e a r S i r : In compliance with your request, 1 beg to submit the
follow ing report, which I trust may be o f some value should the
anthracite companies be called upon to consider the readjustment o f
affairs, i. e., wages, hours o f service, recognition o f the miners5organi
zation, etc., in the anthracite region this spring.
M r. Mitchell, president o f the United Mine W orkers o f America,
in his annual report at the thirteenth annual convention, stated: “ I am
1188
BULLETIN OP THE DEPARTMENT OP LABOR.
o f the opinion that the question o f the eight-hour workday, recog
nition o f the organization, and a minimum day wage scale should be
the paramount issue in the anthracite field.”
A s he is the acknowledged leader o f the miners’ organization, we
believe his sentiments will prove to be the sentiments o f the whole
body, as the organization has the majority o f its men under good
control.
The first question the companies will probably be called upon to
face will be the eight-hour day with ten hours’ pay.
The adoption o f the eight-hour day would in no way benefit the
miner or miner’s laborer. On the other hand, it would tend to work
to his disadvantage, as he is a contractor working on his own time.
The Delaware, Lackawanna and Western pays its miners fo r the
number o f cars or cubic feet o f coal mined, regardless o f the hours
worked by the breaker, and endeavors to employ miners enough to
keep the breakers supplied with coal.
I f the miners adopt any rules to limit the amount o f coal they are
to send out, which they have done in some cases, we are forced to
employ additional miners and open up more chambers. This is
expensive, as we are compelled, in turn, to employ additional drivers
and runners, purchase more cars and mules to wait on these men, with
no appreciable benefit in the way o f tonnage.
W e have recently adopted the plan o f checking miners in and out
o f the mines, and we find they actually remain underground only
about one-half breaker time. In other words, when the breaker is
scheduled to work eight hours, the miners average from four to five
hours underground, including the time it takes them to g o to and from
their chambers or places o f work, waiting to get up the shaft, etc.
W e have selected at random the names o f a few miners employed at
our different mines the last half o f January, 1902, and prepared a
statement showing their earnings per hour for actual time inside,
taking their total earnings, deducting supplies, and allowing one-third
o f their total earnings fo r laborer (which, according to established
rule, is supposed to be about what miners pay their laborers), and
find our men are earning all the way from 35 cents an hour to 90 cents
per hour, according to their skill and ambition. In one district the
average was 45 cents per hour, and in another 65 cents. (See state
ment attached.) Y ou will therefore note that these men are earning
in some instances more than twice as much per hour as our railroad
locom otive engineers working around the breakers in mine service,
who receive $3.25 per day o f twelve hours, or only 27TV cents per
hour. In fact, miners in many instances by working four and five hours
earn much more than locomotive engineers working twelve hours.
F or the hours he labors he is the best paid artisan in the State to-day.
Where can we find a skilled mechanic, carpenter, molder, plumber,
REPORT ON ANTHRACITE COAL STRIKE.
1189
blacksmith, engineer, either railroad or stationary, who can command
the sum o f 50 cents per hour fo r his labor? Y et this is a low figure,
in a great many instances, o f what our best miners are actually receiv
ing per hour for their labor. In other trades it is customary for men
to serve an apprenticeship, both long and arduous, procure tools
expensive in character, and then receive in this vicinity the follow ing
rates o f wages: Carpenter, 30 cents per hour; plumber, 37£ cents per
hour; molder, 27£ cents per hour; blacksmith, 25 cents per hour.
It may be said that on account o f the risk the miner runs he ought
to receive additional compensation. The risks that are borne by the
miner, while hazardous, are no greater than in many occupations. He
is surrounded by all the safety devices modern science can devise for
his protection. In the W yom ing region the mines are well ventilated,
and, if he obeys instructions and the law, he is as safe underground
as any man engaged in any kind o f manual labor on a railroad, in a
shop, mill, or factory. It is safe to say that 99 per cent o f the men
injured inside the mines are injured through their own gross care
lessness.
These are the actual conditions o f the anthracite miner in this region;
the same man who has been pictured by many writers recently (who
know nothing of the facts) as the person who before the sun rises
must be deep down in the caverns o f the earth, breathing noxious
gases, laboring under the most dangerous conditions it is possible to
conceive, remaining there until the evening shades have long since
ceased to fall, before he could return to his home, etc.
To my mind, the work o f the anthracite miner is not to be com*
pared with that o f the bituminous miner. The former, in the major
ity o f cases, drills his coal, blows it down, and leaves his laborer
to clean and load it. To do this, as has been shown above, takes him
but a few hours. The bituminous miner, on the other hand, has, in
most cases, to work in thinner veins, and, if working at pick mining,
has to lie on his back or side and undercut his coal, after which he
drills and blows it down, and then picks up his shovel and cleans and
oads it. He spends much more o f his time inside and works much
harder.
The men who would be affected b y the eight-hour day and ten-hour
pay are those known as company men. Anticipating this eight-hour
agitation, we adopted some months ago the plan o f hiring all men and
boys by the hour. A ll payments, blanks, etc., are now made on that
basis.
The Delaware, Lackawanna and Western mines worked an average o f
1,985 hours during the year 1901, which is equivalent to 198£ ten-hour
days, or 248 eight-hour days. B y taking the days our mines actually
started up and averaging the hours worked on those days, we find
they averaged but 7.83 hours per day during the year.
1190
BULLETIN OF THE DEPARTMENT OF LABOR.
This disposes o f the “ long-hour” argument so far as this company
is concerned, and leaves the eight-hour day only an excuse fo r an
increase o f 25 per cent in pay, which is unwarranted, as can be shown
by a comparison o f rates paid workmen in and about the mines with
those o f other callings who bring into play the same amount o f skill
and who are called upon to share a like amount o f risk.
Outside we have ashmen, fuelmen, culm dumpers, oilers, loaders,
laborers, etc., who receive 16 cents an hour. The work performed by
these men, in my judgment, is nowhere near as hard as the work of
the railroad trackman, working under the constant eye o f a boss, and
who receives but 12£ cents per hour.
Our outside men not only have an opportunity to work breaker
time, but frequently are employed after the breaker shuts down, for
which they are compensated for the hours they work. Assuming,
however, that they w ork but eight hours a day, they are then earning
more than the trackmen are earning in ten hours working on the
railroad, alongside o f the breakers, dodging trains, etc.
Breaker boys receive from 5 cents to 10 cents an hour; the majority
o f them about 8 cents an hour. These boys are from 12 to 15 years
old. Compare these wages with boys o f the same age in newspaper
offices or mercantile establishments throughout the country, and you
will find they are receiving higher wages and working much shorter
hours.
Take, for example, the boy employed by the Delaware, Lackawanna
and Western at 8 cents per hour, who worked an average o f 248 eighthour days. Y ou will note that this boy earned for that number o f
days more than an office boy working at $15 a month every day in the
year except Sundays. In other words, he actually worked about two
months less time— in many cases shorter hours—and received more
pay, and did not have to have the education.
The majority o f our firemen receive but $1.72 per shift o f twelve
hours, or equal to 14£ cents per hour. They make practically full
time, however, which, on a basis o f 365 days in a year, would net
them $52.21$ per month. In the majority o f cases pump runners,
engineers, etc., are selected from our firemen, so that the position is
looked upon as a step toward promotion, and is naturally much sought
after by other laborers about the collieries, even though they may be
receiving a higher rate per hour.
It has been the practice for years fo r firemen to alternate or change
their shifts every week. In other words, one shift o f firemen would
work days this week and nights next, and so on. In making this
change it was necessary for one shift, every other week, to work an
excessive number o f hours. This we have arranged to correct, how
ever, by dividing the long or fourteen-hour shift into two short shifts
o f seven hours each, allowing the men full pay for the short shifts.
REPORT ON ANTHRACITE COAL STRIKE.
1191
This results in doing away with the long shift, and makes an increase
in the firemen’s wages equal to a little over 7 per cent.
Hoisting engineers are, in most cases, monthly men, receiving from
$75 to $78 a month, which is considered ample compensation for the
conditions surrounding their work and the services they are called
upon to perform. These men have also been working long hours in
order to change their shifts once a week from night to day, but we
have arranged to correct this matter by adopting the two short shifts,
the same as with firemen.
Inside we have driver boys, ranging from 14 to 20 years o f age,
earning all the way from 13 to 18 cents per hour; trackmen, 24£ cents
per hour; track layers and helpers, from 19 to 22 cents per hour; timbermen, from 21 to 24£ cents per hour; laborers, from 18 to 22 cents
per hour; pumpmen, from 19 to 22 cents per hour.
W e know o f some cases where the father, or head o f the family, is
employed by the railroad department as a trackman at 12% cents per
hour, whereas his son, a boy 15 or 16 years old, is employed inside
driving at 14 cents per hour.
W e have in effect a large number o f prices fo r the different classes
o f labor, which are the result o f years o f experience, and which, in
our opinion, are eminently fair to all concerned. They have been
adjusted, from time to time, to suit the conditions, and to attempt to
put them on the same basis would be most unjust to the companies
and the men themselves, and the position we want to maintain is that
our employees are to be paid in accordance with the duties they per
form, and receive a fair day’s wage for a fair day’s work, and avoid
as far as possible the spirit o f unionism— the whole idea o f which
seems to be equality without regard to merit.
Recognition o f the union: The question o f recognition is one that
has been prominent before the operators since the strike o f 1900. W e
have agreed to meet committees o f our own employees and adjust any
actual grievances that are found to exist.
These committees are in
most cases selected by the United Mine W orkers’ Union or so-called
“ Locals.” In other words, we are dealing indirectly with the local
unions at the different mines. W e have refused, however, up to this
time, to deal with any o f the national officers o f the union, and have
taken the position that they, not being acquainted with the conditions
that exist at the different mines, are in no position to talk intelligently
about them; and not being our employees, have no right to interfere
or attempt to dictate to us how we shall conduct our business.
It has been demonstrated time and again that even these local griev
ance committees have been misled by members o f their union. Cases
o f alleged injustice have been represented to them, and they, in turn,
have presented them to their superiors, which, upon investigation,
have proven to be absolutely false and without any foundation.
9491—No. 43—02-----1
1192
BULLETIN OP THE DEPARTMENT OF LABOR.
The proposition o f meeting and entering into any agreement with
the organization as a whole, however, is quite a different question.
Assuming that the operators should agree to meet the United Mine
W orkers o f America in open convention, any agreement that they
could possibly consider would necessarily have to be o f the broadest
and most indefinite character, on account o f the varying conditions in
the different regions and mines. The interpretation o f such an agree
ment would result in endless strife, ill feeling, and petty strikes. It
has been shown to be an invariable rule that whenever an agreement,
either expressed or implied, has been entered into with the officials o f
the so-called “ Locals,” covering a proposition that affected a large
number o f men, both they and the men could and did set it aside at
pleasure. Their excuse has been that they could not control the men
locally, and this we know to be a fact by experience.
The prevailing sentiment at the last convention o f the organization
was that if the anthracite miners should fail to gain their demands,
and a strike should ensue, and soft coal should be shipped into terri
tory where anthracite had form erly been in use, the national officers
should have power to order either a sectional or national strike in the
bituminous region. This, notwithstanding agreements made with the
bituminous operators, supposed to continue fo r a year. This, in our
minds, demonstrates quite clearly what an agreement with these peo
ple is worth. It also demonstrates the value o f any agreement or
contract entered into with an unincorporated organization composed
o f men o f similar intelligence.
Regarding the minimum wage scale: It is the evident intention o f
Mr. Mitchell and his crowd to endeavor to formulate a scale whereby
every worker shall be insured an income per day whether earned or
not. It is patent to everyone who has any knowledge o f the anthra
cite territory that such an idea can but be the product o f an ignorant
or diseased mind. When it is considered that hardly any two veins in
the same mine present the same conditions, it will readily be seen that
any attempt to establish a uniform minimum wage scale for the g ov
ernment o f the entire region is but an empty dream. The conditions
vary so widely in the thickness, quality o f the veins, roof, rock, overlying strata, pitch, amount o f refuse, that any interference with the
existing equitable methods would result in converting the present
practice o f arriving at a basis o f payment into an industrial chaos.
Again, considering the nationality o f the mine workers o f to-day,
we find men o f all countries engaged in the occupation o f mining,
loading, cleaning, and preparing coal. This is a prime factor in the
discrepancies that exist in the earning ability o f the worker. In one
chamber we find employed a skillful workman, or one whose whole
life has been devoted to labor o f one kind or another in the mining
industry. By him, or in the adjoining chambers, we find a man who
REPORT ON ANTHRACITE COAL STRIKE.
1193
perhaps up to the time he arrives as an immigrant has never seen a
mine. One has the skill born o f long practical experience, the other
the disadvantages o f an occupation fo r which he has had no training.
These men are both contractors working on their own time. One
may be ambitious and work constantly while he is in his chamber,
while the other, who is not under the immediate eye o f a boss, may
spend his time in loafing, and it is fo r these men, I understand, the
Mine W orkers want a minimum wage. In other words, they want
every miner guaranteed that he will receive a given amount to be
agreed upon. I f he fails to earn it, it should be made up to him, etc.
The Delaware, Lackawanna and Western has, after long years o f
experience in the upper anthracite fields, evolved a system whereby
coal from certain veins is paid for in accordance with the labor neces
sary to mine the coal in that specific vein. This system is based upon
the cubic feet contained in the car used in the particular vein or mine.
Some veins, being thicker, admit o f a larger car being used than others.
These are paid fo r accordingly.
Assuming that we should concede to their demands to weigh all coal,
we would necessarily have to use the present car prices, o f which we
have some twelve or fourteen different rates, as a basis to figure back
from , and if figured properly, the miner would be no better off than
on the car basis. The companies would be put to a great expense
on account o f scales, rearrangement o f breakers, to say nothing o f the
troubles and controversies with committees in arriving at a ton price,
the readjustment o f all yardage prices, etc. It would simply open the
door to an endless amount o f trouble and expense, and, as stated
before, if adjusted fairly, the men would in no way be benefited.
W e are satisfied that many o f our men to-day would prefer to
remain on the car basis, and the question o f changing from a car to a
ton basis originates in the minds o f the agitators and a few irresponsi
ble parties, who feel that they have nothing to lose and are deluded
in thinking that they may gain something by the change.
A t the last session o f the legislature o f Pennsylvania a bill was
introduced—and passed the house— calling fo r all coal to be weighed
before screening, and also fo r the coal to be paid for by the ton. This
created the impression among people outside o f the coal regions that
the miner was not receiving just reward fo r his labor. It was also
strongly represented by some o f the newspapers that a miner in
various cases had to load from 2,500 to 3,300 pounds for a ton. This
the operator sold at the rate o f 2,240 pounds per ton to the whole
saler, who in turn sold it to the public at 2,000 pounds per ton. The
facts were not brought forth that a ton o f coal as it came from the
mines contained from 15 per cent to 30 per cent refuse, all o f which
has to be cleaned and prepared before being marketable. Some o f
the miners, 1 believe, claim that if the companies sell the coal by the
1194
BULLETIN OF THE DEPARTMENT OF LABOR.
ton they should pay for it by the ton. Our argument is: One is a
measure o f labor; the other a measure o f material. W e do not buy
the coal from the miner; we simply pay him fo r his labor, whereas in
turning it oyer to the dealer we sell it as our commodity.
1 note that the Industrial Commission, in their report just com
pleted, recommends “ provisions fo r the fair weighing o f coal at
mines before passing over screens or other devices, in order that the
miner may be compensated fo r all coal having a market value, etc.”
The miner’s ton and the practice o f loading rock and refuse into a
car instead o f coal appears to be about as hard to explain to the public
and the Industrial Commission as the u powder question,” and even if
it were possible to make changes at our mines to admit o f weighing
coal, we think it would not be a wise thing to do.
A great amount o f importance has been attached to the strength of
the United Mine W orkers’ Union in the anthracite region from a polit
ical standpoint. An investigation into these matters does not seem to
bear out the claim o f the immense political power such as a number o f
the leaders would imply. W e find, taking the year 1900, which was
the Presidential election year, that in the 10 anthracite producing
counties o f the State the Republican, Democratic, and Prohibitionist
votes fo r the Presidential electors were as follows:
Carbon County..............................
Columbia County..........................
Dauphin C o u n ty ..........................
Lackawanna County....................
Luzerne C ounty............................
Northumberland County............
8,521
8,375
22,824
32,297
39,199
16,857
Schuylkill C ounty........................ 30,103
Sullivan County............................
2,780
Susquehanna C ou n ty ..................
9,056
Wayne County.................................
6,311
T o ta l................................... 176,323
In the same year, according to the report o f the superintendent o f
the bureau o f mines, there were employed in anthracite mines the
following:
Inside foremen.............................................................................................................
Fire bosses.....................................................................................................................
M in e r s ...........................................................................................................................
Miners’ laborers...........................................................................................................
Drivers and runners....................................................................................................
Door boys and helpers................................................................................................
All other inside employees........................................................................................
Total inside employees
519
808
36,832
24,613
10,177
3,128
18,070
94,147
Outside foremen...........................................................................................................
Blacksmiths and carpenters......................................................................................
Engineers and firemen................................................................................................
Slate pickers.................................................................................................................
Superintendents, bookkeepers, and clerks.............................................................
All other outside employees......................................................................................
385
2,244
4,524
20,698
769
21,065
Total outside em p loyees................................................................................
49,684
Grand total (inside and o u tsid e )................................................................. 143,831
REPOET ON ANTHRACITE COAL STRIKE.
1195
I f we eliminate the persons who have not the right to vote, viz, boys,
etc., under 21 years o f age, such as slate pickers, door boys, drivers,
runners, and the persons who can not be controlled by the United
Mine W orkers, such as foremen, firemen, clerks,, etc., we have left
approximately 107,000.
Inasmuch as the majority o f the coal is loaded by unnaturalized
foreigners, and a large amount o f it is mined by the same class, about
42 per cent would be conceded a fair estimate o f those who have not
the right o f franchise. This leaves us about 64,000, or about 36 per
cent o f the voting strength o f the anthracite counties.
Assuming that this number are members o f the unidn, it is absurd
to think that Mr. Mitchell or his leaders can dominate or control their
vote. W hile if he should order a strike they would probably obey,
on account o f the persecution' that might follow , yet some o f them have
very decided ideas o f their own when it comes to a question o f polit
ical issues, and this number is apt to be composed o f the more con
servative element, who, in their inmost hearts, have very little use
for the United Mine W orkers or their methods as practiced to day.
The influence o f Mr. Mitchell and his crowd dominates more particu
larly over the boys and irresponsible element, who to-day are practi
cally in control o f the organization throughout the anthracite region.
A careful compilation o f statistics shows that 23 per cent o f the Dela
ware, Lackawanna and Western employees who are members o f the
union are irresponsible and under the age o f 21.
As a result o f this state o f affairs the companies are not receiving
anywhere near the same amount o f work from their men to-day that
they did prior to the introduction o f the professional agitator in this
region. It is almost impossible to maintain discipline, which is most
necessary in the conduct o f every business.
The trouble with the miners’ organization is that it is organized on
the wrong lines. There is no insurance or benefits whatever to be
derived, and it is buoyed up and kept in existence entirely by prom
ises, the majority o f which are o f the most absurd character, and it is
only by this continued agitation and by keeping the members in a
state o f excitement that they can get them to pay their dues, which,
o f course, is the only thing needful, and goes to pay the so-called
‘ ‘ leaders ’ ” salaries.
Their lodge or meeting rooms have developed a large number o f
orators, the most successful o f which are those of a fiery nature, as
they are able to portray in eloquent words, to the boys and foreign
element, conditions that do not exist.
They spend their time arraying labor against capital, raising up
class prejudices, and many o f them seem to be capable o f influencing
and hypnotizing their listeners. It is this sort o f work that is having
the most demoralizing effect throughout the region. They tell the
1196
BULLETIN OP THE DEPARTMENT OF LABOR.
men that a slave compelled to labor at the oars o f the Roman galleys
had a princely station compared with the lot o f the anthracite mine
worker, and make him think that he has grievances which have never
existed; that the foremen, bosses’ , and superintendents’ sole efforts
in life are to keep them down, and that their only salvation is to pay
the United Mine W orkers’ treasury their monthly dues, and they (the
organizers and agitators) will right all wrongs and correct all imag
inary grievances through the Civic Federation, or others high in
authority.
On the other hand, if there are any who do not care to join the
organization they are ostracised, and in some cases their houses stoned
and children abused. W e have had men come in this office with tears
in their eyes, saying that they did not care to join the organization
because they had no confidence in its officers and did not believe in its
methods, but they were eventually forced into it fo r their self-preser
vation and that o f their families.
This is one o f the results o f attempting to organize, on sensational
lines, a lot o f boys and ignorant foreigners. I f the organization com
prised only English-speaking people above the age o f 21 years, dealing
with them would be an entirely different question.
W e have had no serious trouble during the year just passed, with
the exception o f the firemen’s strike. These men demanded an eighthour day and ten hours pay, and on July 16 were ordered out by the
International Brotherhood o f Stationary Firemen. They returned to
work in about a week under the old conditions. Only about one-third
o f this company’s collieries were affected by this order.
Hardly a week has passed, however, since October, 1900 (when the
men throughout the anthracite region were granted a 10 per cent
increase), but what we have had some petty disturbances to contend
with, owing largely to the unfortunate manner in which the strike
was settled. It also resulted in making the lives o f the bosses, fore
men, and superintendents far from pleasant, owing to the “ co ck y ”
and insolent attitude assumed by some o f the boys and ignorant mine
workers.
W e have probably had more trouble at our Archbald mines than
any other colliery, owing to the leadership o f one Mike Healey.
First. The union ordered the drivers to stop the cars to one W . G.
Howells, because he was not a member o f the United Mine W orkers
o f America. This boycott was finally raised, and, I believe, Howells
was forced by the men to join the union.
Second. The breaker boys closed down the mines one day because
the foreman would not inform them, on demand, what time he was
going to allow them fo r the fifteen minutes the breaker stopped in the
forenoon on account o f the chutes being blocked.
1197
REPORT ON ANTHRACITE COAL STRIKE.
Third. In January the runners and drivers went on a two days’ strike
because the paymaster would not pay them every other Saturday,
instead o f semimonthly.
Fourth. On August 1 the card inspection committee sent home 35
miners and 40 laborers because they did not have their union cards
with them that day. This was done by the committee visiting the
men in their working places, and before the foreman in charge was
aware o f their action.
Fifth. A miner by the name o f Charles Grosspavitch was noticed
riding on a street car in September, while the street-car employees
were on strike. He was called a u scab,” the drivers refused to
deliver cars to him, and it resulted in a lot o f trouble fo r all concerned.
On this record I understand Mr. Healey was entitled to promotion,
and has now been made a district organizer fo r the union.
The record o f the Taylor mine was not much better. The first
trouble we had there was April 11, 1901, when the driver boys on the
culm dump went on strike because one o f their members was dis
charged for disobeying orders.
On M ay 14 the boys quit work fo r one day on account o f circus in
town.
On May 16 the breaker boys went out again. W hen asked why,
they gave no reasons, but the inference was that their action was insti
gated by some o f the older boys and men working inside who were in
want o f a holiday.
The mine was idle on A pril 1 incompliance with the following notice
posted in conspicuous places:
NOTICE.
U
T a y l o r B r a n c h , N o . 1013,
M in e W o r k e r s o f A m e r ic a ,
n it e d
Taylor, P a ., M arch £9,1901.
Members o f the above-named local: In accordance with the request
o f our national president, it was resolved that we observe Monday,
1st day o f A pril, 1901, as a holiday. A ll members will please abide
by same.
By O
rder
of
L
ocal.
W e also had considerable trouble at this mine on account o f certain
o f the miners not being willing to join the union, and the drivers
refusing to give ^them cars. The result was they were eventually
forced into joining.
On June 7 the miners in one o f the veins struck for an increase in
price on the car. A s it was the same price we were paying in the
same vein at adjoining collieries, and was found, upon investigation,
to be eminently fair, no action was taken and the men finally returned
to work.
1198
BULLETIN OF THE DEPARTMENT OF LABOR.
In January, when the company decided to check in and out all men
employed by the company, objections were raised by the local. They
were told that they would either have to do this or the mine would
be closed down indefinitely, and they finally decided to obey the
rule.
On May 28 we had trouble at our Hallstead mine on account o f driv
ers refusing to give cars to a nonunion man who had taken the place
o f a union man. W ork was suspended at this colliery fo r about sixty
days.
In May we arranged to work some o f our collieries nine and ten
hours. The runners and drivers at the Pyne mines objected to this
and declined to w ork more than eight hours, and the laborers refused
to load more than eight hours coal. The leaders in this movement
were discharged, and the follow ing notice was posted by the union:
T h e U n it e d M
P y n e L ocal, N o.
in e
W
orkers
of
A
m e r ic a ,
901, Taylor, P a . , M ay 31, 1901.
A ll members o f the above-named local are hereby notified that at a
meeting held on the above date it was unanimously carried that all
employees o f this (Pyne) shaft should work the number o f hours
required o f them until otherwise ordered by said local.
[o f f i c i a l
s e a l .]
B y I n s t r u c t io n
of
L
ocal.
During the summer we had frequent requests to close down the
mines fo r United Mine W orkers’ picnics, etc.
The men at Storr’s mines refused to work one day on account o f a
United Mine W orkers’ picnic in Providence. They made no request
to have an idle day, but it was ordered by the local. From actual
canvass made the follow ing day it was found that only 15 per cent o f
the employees o f that mine attended the picnic, but they stated they
had their orders from the district board.
A t Brisbxn mines, when we were short o f driver boys for a few days,
we were compelled to utilize our company men as drivers. One o f
the men, receiving 25 cents per hour, refused to drive, and he was
discharged. The other company men who were driving quit work in
sympathy. The foreman requested several miners and laborers to go
out and drive, in order to keep the mine running. This they refused
to do, saying they would not “ scab.” The men brought this up
before their local, who refused to sustain them in their action.
W e have had a considerable amount o f trouble on account o f not
allowing the union to examine cards at the head o f our shafts, but
nothing serious. Also no end o f trouble on account o f some employees
refusing to join the union, and the attempts o f the union to force
them into their organization. W e had a strike o f one day at Conti
nental mines on account o f one o f the breaker boys not being in the
union.
REPORT ON ANTHRACITE COAL STRIKE.
1199
To give you an idea o f the methods adopted by the organization, I
quote the following resolution which was adopted at a mass meeting
in Nanticoke, February 5,1902:
That we postpone definite action until the 3d, 4th, and 5th days of
March, when the next showing o f the cards takes place, and on the
morning o f the 5th day o f March, 1902, all employees who have not
the union w orking card in sight will be classed as nonunion employees,
and we will then and there refuse to descend the mines or work with
such employees until they become members o f our organization.
(Signed by the president and secretary.)
This notice was published in the newspapers, and was intended to
cover six local unions in the vicinity o f Nanticoke.
Another notice, posted in the upper district, reads as follows:
NOTICE.
L
U
n it e d
M
ocal
in e
W
U n io n N o . 1681,
o f A m e r ic a .
orkers
There will be a special meeting in St. Mary’s Hall Saturday at 2 p. m.
to receive dues and give out working cards. A ny man not able to show
his card on Monday morning, A pril 8, 1901, can not work.
(Signed by the president and secretary o f union.)
Our efforts to shorten the working hours and increase the pay o f our
firemen by dividing the long twenty-four hour shift into three short
shifts, allowing them full time therefor, did not please the firemen at
the Pettebone mines.
When the proposition was made to them, it was explained to them
that it would result in a little over 7 per cent increase in their pay,
that they would have to work no longer hours, and that by reducing
their pay to an hour basis it would result in increasing their wages from
1 4 ^ cents per hour to 15x\ cents per hour. They replied that this was
a violation o f the posted notices, and stated that they would work their
twelve and twenty-four hour shifts as at present, and apparently looked
upon this whole proposition as an outrage and refused positively to
make a change o f shifts as desired.
They were then asked if they were willing to lose one-half o f the
twenty-four hour shift. They replied they were not, and they either
wanted to work the hours they had been working, or else they wanted
to be paid on the straight eight-hour shift.
They were then asked if they would make a request in writing to
be allowed to work the twelve and twenty-four hour shifts without
change. This they also declined to do, and when they were told the
twenty-four hour shift must be discontinued in one o f the ways sug
gested, they dropped their tools and left the fire room on the night o f
February 22, and we were obliged to employ other men to take their
places.
1200
BULLETIN OF THE DEPARTMENT OF LABOR.
The United Mine W orkers indorsed their action and a strike was
ordered.
They afterwards went to the adjoining mines at Avondale and W ood
ward and got the firemen to quit work at those places.
Committees representing the different firemen waited on the super
intendent and were advised that it was hard to discover just where
they had any grievance. The company had not asked them to work
longer hours, nor had they asked them to accept less pay. The only
excuse they could give fo r their action in quitting work was that they
thought it was an effort on the part o f the company to forestall their
proposed action to demand an eight-hour day, and take away from
them their argument in connection with the injustice o f the twentyfour hour shift, should there be any general trouble throughout the
region.
The proposition was favorably received at the other mines o f the
company, and in some instances the firemen have expressed their
gratitude to the foremen and others in charge.
These are but a few o f the many annoyances and threatened strikes
we have had to contend with. In fact, nearly half the time o f our
foremen and district superintendents has been taken up in attempting
to avoid suspension o f w ork fo r all sorts o f trivial causes, and in
receiving committees and explaining to them the difference between
the words “ discipline” and u grievance.”
Respectfully, yours,
E. E. L o o m i s .
EARNINGS OF CONTRACT MINERS AND THEIR LABORERS, AND AVERAGE NUMBER OF
HOURS WORKED PER DAY AND RATE PER HOUR AND DAY, FROM JANUARY 16 TO
81, 1902, INCLUSIVE.
[We are unable to give the actual time miners spent in the mines from January 1 to 15, inclusive.]
Name of col
liery.
Miners.
Gross
earn
ings.
Net
earnings
Miners’
Labor after de monthly
ducting
ers’
earnings
wages. laborers’ on this
(a)
wages
basis.
and
supplies.
Average
number
of hours
breaker
worked
per day.
Average
Aver
number Aver
rate
of hours age rate age
per day
contract
per
while
miners hour.
in
worked
mine.
per day.
District No. 1.
Wm. Milas........ $53.01
Mt. Fermiski .. 53.89
Mike Munley.. 66.42
Storrs No. 3___ BeniButkins.. 46.53
Jehu M. Jehu.. 64.34
Cayuga............. John P. K elly.. 51.77
48.02
Like Evans___
F. Graffee.........
50.46
Mt. Corcoran .. 62.95
John M .Jehu.. 79.03
Diamond......... Davis Harris.. . 51.50
T. V. Gallegher 59.78
John M ark. . . .
65.25
John H arris... 66.04
W . A. Phillips.. 62.35
Adam Girdfs .. 50.57
Storrs No. 1___
Storrs No. 2___
$17.67
17.96
18.80
15.51
21.44
17.25
16.00
16.82
14.31
26.34
17.17
19.93
21.75
22.01
20.78
16.86
$29.87
28.96
33.36
24.05
35.83
30.61
27.27
30.16
30.28
45.29
29.83
36.55
38.69
36.53
35.57
25.62
$59.74
57.92
66.70
48.10
71.66
61.22
64.54
60.32
60.56
90.54
59.66
73.10
77.38
73.06
71.14
51.24
8.1
8.1
8.1
8.1
8.1
8.1
8.1
8.1
8.1
8.1
8.3
8.3
8.3
8.3
8.3
8.3
5.2
6.6
4.6
6
8.4
5
5
5
4.8
5
4.4
5.9
5.4
4.4
3.2
5
$0,439
.337
.556
.334
.471
.510
.496
.503
.522
.755
.563
.475
.553
.630
.868
.394
$2.30
2 23
2.57
2.00
3.98
2.55
2.48
2.51
2.52
3.77
2.49
2.98
2.81
1.97
2.06
2.16
a Miners pay their laborers all sorts of prices, in some instances more than one-third of the gross
earnings.
1201
BEPOBT O N ANTHBAOITE COAL STBIKE,
EARNINGS OP CONTRACT MINERS AND THEIR LABORERS, AND AVERAGE NUMBER OP
HOURS WORKED PER DAY AND RATE PER HOUR AND DAY, PROM JANUARY 16 TO
31,1902, INCLUSIVE—Continued.
Name of col
liery.
Miners.
Net
earnings Miners’ Average
Labor after de monthly number
Gross
ers’ ducting
of hours
earn
wages. laborers’ earnings breaker
ings.
(a)
wages on this worked
basis.
and
per day.
supplies.
Average
Aver
number
of hours Aver age rate
age rate per day
contract
per
miners hour. while
in
worked
mine.
per day.
District No. 1—
Concluded.
Brisbin............. J. B. Davis........ $50.30
Mat Strickus.. 46.61
48.12
Paul Scoda___
$16.77
15.54
16.04
$26.77
28.07
24.27
$53.54
56.14
48.54
7.5
7.5
7.5
4.6
4.6
4.6
$0,449
.468
.404
$1.87
55.63
18.37
31.52
63.04
8.0
5.1
.512
2.57
70.69
66.66
75.66
50.55
68.01
48.48
54.54
74.01
49.49
51.86
56.56
64.05
61.77
62.15
57.78
58.32
73.02
56.15
49.02
53.08
71.89
69.19
70.98
70.70
72.87
85.21
53.08
66.96
54.59
74.26
61.13
58.65
57.68
23.56
22.22
25.22
16.85
22.67
16.16
18.18
24.67
16.50
17.29
18.85
21.35
20.59
20.72
19.26
19.44
24.34
18.72
16.34
17.69
23.96
23.05
23.66
23.57
24.29
28.40
17.69
22.32
18.20
24.75
20.38
19.55
19.35
42.53
26.94
44.39
29.10
39.34
27.82
31.76
41.49
28.49
29.91
33.05
39.51
38.18
29.23
30.84
29.44
41.18
34.43
29.44
27.84
41.93
39.67
41.08
42.48
39.53
46.31
29.23
38.64
31.60
44.96
36.12
35.85
35.45
85.06
73.88
88.78
58.20
78.68
55.64
63.52
82.98
56.98
59.82
66.10
79.02
76.36
58.46
61,68
58.88
82.36
68.86
58.88
55.68
83.86
79.34
82.16
84.96
79.06
92.62
58.46
77.28
63.20
89.92
72.24
71.70
70.90
7.5
7.5
7.5
7.5
7.5
7.25
7.25
7.25
7.25
7.25
7.25
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
5
5.7
5
5
5
5
7
6.2
5
5
6
5
5
6.6
5.4
6.1
7
4
5.4
7
5
6.1
5
5
5.1
5.1
5
5
4.8
4.8
4.7
4.8
4.8
.607
.461
.619
.416
.562
.396
.324
.477
.407
.427
.393
.564
.565
.314
.441
.346
.420
.615
.420
.284
.599
.551
.587
.607
.549
.643
.418
.552
.465
.661
.547
.527
.521
3.04
2.64
3.17
2.08
2.81
1.99
2.27
2.96
2.03
2.14
2.36
2.82
2.73
2.09
2.37
2.10
2.94
2.46
2.26
1.99
2.99
2.83
2.93
3.03
2.82
3.31
2.09
2.76
2.26
3.21
3.58
2.56
2.53
62.69
20.60
35.99
71.98
7.8
5.32
.493
2.58
Bellevue.........
51.90
45.57
53.46
54.60
53.90
59.28
75.61
53.02
51.80
17.30'
15.19
17.82
18.20
17.96
19.76
25.20
17.67
17.26
31.60
27.38
35.64
31. U0
31.44
32.02
45.57
30.85
28.08
63.20
54.76
71.28
63.80
62.88
64.04
91.14
61.70
56.16
6.8
6.8
6.8
7.9
7.9
7.9
7.9
7.9
7.9
3.5
3.6
3.5
4.5
4.5
4.5
3.9
3.9
3.9
.702
.608
.792
.591
.582
.695
.911
.617
.562
2.43
2.11
2.74
2.66
2.62
2.67
3.51
2.37
2.16
Average for
District
No. 3.
55.46
18.48
32.72
65.44
7.5
3.9
.653
2.54
43.46
43.05
39.52
49.88
14.49
14.35
13.18
16.63
27.47
24.20
24.85
27.25
54.94
48.40
49.70
54.50
8
8
8
8
4.1
4.8
6.3
5.7
.509
.417
.355
.478
2.11
2.01
2.26
2.72
Average for
UiStilU/
No. 1.
District No. 2.
P yn e ................. T .H . Jones___
Ed. Anderson..
T. D. M oses___
Peter S c h e ll...
Dd. Beecham..
Archbald......... J no.M aloy___
Jno. Joyce........
P. Korroski___
M. Corcoran. . .
Owen Murphy.
Continental. . . Dd. Jenkins . . .
Frank Crane..
G. Coombs ___
J.Vincoski___
P.J.Glancey . .
A.Mislinski . . .
Hyde P ark___ J. Rocoski........
F. Kocoloski. . .
E. E. Davis........
E. Johnson___
S. Johnson........
Hampton......... W .H . Jones___
C. Apothecary.
W .Bree.............
T. Meale...........
A. Veckland...
Sloan and Cen J. E. Jones........
J. R eap.............
tral.
W. Charles........
Sol. Jones.........
D. Reese...........
J. McNicholas .
P. Durkin.........
Average for
TYi
U l ooti*i
t i l C/)f
l
No. 2.
District No. 3.
J.F letcher. . . .
J. O’Bryan........
M. Sheridan...
Dodge............... S.Gallaway . . .
J. Conway........
A. W iliam s. . . .
Taylor............... A. Owens.........
M. Mirry...........
N.Davidson. . .
District No. U.
Woodward___
•
D. D. Evans___
T. Narlow ........
A. Sadlack........
D. M. Thomas..
a Miners pay their laborers all sorts of prices, in some instances more than one-third of the gross
earnings.
1202
BULLETIN OF THE DEPARTMENT OF LABOR,
EARNINGS OF CONTRACT MINERS AND THEIR LABORERS, AND AVERAGE NUMBER OF
HOURS WORKED PER DAY AND RATE PER HOUR AND DAY, FROM JANUARY 16 TO
31, 1902, INCLUSIVE—Concluded.
Name of col
liery.
Miners.
Gross
earn
ings.
Net
earnings Miners’
Labor after de monthly
ers’
ducting earnings
wages. laborers’ on this
wages
(«)
basis.
and
supplies.
Average
Aver
Average number
number of hours Aver age rate
of hours contract age rate per day
per
breaker
while
miners hour.
in
worked worked
mine.
per day. per day.
District No. U—
Concluded.
Bliss................... V. Yokobofski. $50.16
W . Davis...........
47.52
A. Grabofski. . . 67.75
J. Sweeney___
50.60
Pettebone........ J. H. Pierson.. . 49.87
A. Bundle........ 51.05
F.Glatz............. 65.60
J. Crossin.........
54.75
Avondale......... J. D ow ns.........
62.50
C. Bryant......... 117.41
H. Isaacs.........
53.17
R. Roberts........ 45.95
Average for
District
No. 4.
55.76
$16.72
15.84
22.58
16.87
16.62
17.01
21.87
18.25
20.83
39.14
17.72
15.32
$28.44
27.18
39.17
31.73
28.75
31.04
37.73
30.50
37.17
69.27
35.45
29.13
$46.88
54.36
78.34
61.46
57.50
62.08
75.46
61.00
74.34
138.54
70.90
58.26
7.4
7.4
7.4
7.4
7.6
7.6
7.6
7.6
7.8
7.8
7.8
7.8
5.9
6.2
8.3
7.1
4.3
4.3
6
5.3
5.6
7
6.5
4.7
$0.33
.336
.43
.334
.471
.509
.449
.442
.476
.761
.89
.448
$1.95
2.90
3.56
2.36
2.06
2.22
2.69
2.35
2.66
5.31
2.53
2.08
18.59
32.70
65.40
7.7
5.7
.446
2.56
SUMMARY.
[The discrepancies shown in the different districts are due to the names having been selected at
random. The average earnings of all the men in the different mines varies but little.]
Gross
earn
ings.
Average for district No.
Average for district No.
Average for district No.
Average for district No.
Net
Miners’ Average Average
Labor earnings
hours Average Average
after de monthly hours
rate per
ers’
ducting earnings breaker contract rate per
day
wages. wages
miners hour. while
on this worked worked
in
(«)
and
basis. per day. per day.
mine.
supplies.
1 ...
2 ...
3 ...
4 ...
$55.65
62.69
55.46
55.76
$18.37
20.60
18.48
18.59
$31.52
35.99
32.72
32.70
$63.04
71.98
65.44
65.40
8
7.8
7.5
7.7 -
5.1
5.32
3.9
6.7
General average.........
57.38
19.01
33.24
66.48
7.76
5
$0,512
.493
.653
.446
$2.57
2.58
2.54
2.56
.526
2.56
a Miners pay their laborers all sorts of prices, in some instances more than one-third of the gross
earnings.
APPEN D IX E .—REPORT OF IN T E R V IE W OF COMMISSIONER OF
LABOR W IT H MESSRS. GEORGE F. BA ER , R . M . OLYPHANT, E . B.
THOMAS, AN D D A V ID W ILLC O X.
N ew Y ork, June 10, 190%.
MEETING AT OFFICE OF THE DELAWARE AND HUDSON COMPANY.
Present: Mr. Carroll D. W right, Commissoner o f Labor; Mr.
George F. Baer, Mr. R. M. Olyphant, Mr. E. B. Thomas, Mr. David
W illcox.
Mr. W right read the demands, as stated to him by M r. Mitchell.
Mr. Baer then made a statement, as follow s:
W e have never had a formal demand made upon us for anything
other than a uniform scale o f wages fo r the whole region.
Mr.
REPORT ON ANTHRACITE COAL STRIKE.
1203
Mitchell, before the Civic Federation, presented substantially the
demands named in the statement you have read.
Mr. T h o m a s . W ith one exception. He demanded that all coal be
weighed.
Mr. W i l l c o x . In his final telegram Mr. Mitchell states these
demands without suggesting any willingness to make any conditions
at all.
Mr. B a e r . The only formal statement we have o f the demands is
contained in Mr. Mitchell’s dispatch.
W hen the Civic Federation
appointed the subcommittee, consisting o f Mr. Mitchell and the other
district presidents o f the anthracite region and Mr. Thomas, Mr.
Truesdale, and myself [Mr. Baer], it was then understood that no
report should be made o f any proceedings except to the Civic Federa
tion, which was to be called together thereafter by the chairman.
Primarily on this account we have hitherto declined to give a pub
lic statement. F or reasons satisfactory to the Civic Federation no
meeting was ever called to hear the report o f the committee. Now,
however, that the President desires information, we first submit the
correspondence between Mr. Mitchell and the presidents o f the coal
companies, together with a statement o f the history o f the negotia
tions. (Appendix C.)
A t the request o f the Civic Federation we met a committee o f the
Civic Federation, Mr. Mitchell, and his three district presidents, and
spent one whole day discussing the questions at issue between us.
This first meeting resulted in an adjournment for thirty days, Mr.
Mitchell agreeing on his part to withdraw the order which had been
issued to the men not to work more than three days a week after the
1st o f April. A t the expiration o f the thirty days we again met the
Civic Federation committee and Mr. Mitchell’s committee, together
with a delegation representing, as we understood it, the local organi
zations. There were probably twenty or more miners and mine
workers’ representatives at that meeting. E very phase o f the situa
tion was fully and fairly discussed. W e endeavored to convince them
that it was impracticable to increase wages; that it was impossible to
establish an eight-hour day; that many o f the men (the miners) only
work from four to six hours a day now. W e explained fully why a
uniform schedule o f wages could not be adopted in the anthracite
region such as was common in the bituminous fields, by pointing out
the great variety o f work, the different classes o f labor required, the
peculiar condition o f the veins, varying in depth, in pitch, in impuri
ties, etc. A t the end o f a full day’s discussion, at the request o f the
Civic Federation, the committee I have heretofore referred to was
created. W e spent two whole days together rediscussing the situa
tion. The meetings were entirely friendly and harmonious. W e
exhibited our annual reports. W e offered to exhibit any o f our books
1204
BULLETIN OF THE DEPARTMENT OF LABOR.
to verify our statements. This offer had heretofore been made before
the Civic Federation and was again repeated. W e asked them to
name any information they desired, and it would be furnished them.
No practical conclusion was reached except this: That the operators
stood on their offer to continue the existing wages for another year
from the 1st o f A pril and thereafter subject to sixty days’ notice.
The history o f the strike begins from the time the United Mine
W orkers was a bituminous organization. Some time in the beginning
o f 1900, or the latter part o f 1899, they succeeded in organizing a num
ber o f local unions in the Schuylkill region. In 1900 they inaugu
rated a strike in the upper coal regions. This strike did not extend
to the Schuylkill region fo r some time. Finally, through sympathy, the
anthracite mine workers in the Schuylkill region struck. There was
the usual violence and calling out o f the military to protect property.
Shortly after this strike was inaugurated Senator Hanna met a
number o f gentlemen and insisted that if the strike were not settled it
would extend to Ohio, Indiana, and Illinois, and the election o f Mr.
M cKinley and Mr. Roosevelt would be endangered. He insisted that
he was authorized to settle the strike, through Mr. Mitchell, if the
operators would agree to a 10 per cent advance in wages. A fter a
great deal o f pressure had been brought to bear upon the presidents
o f the coal companies and positive assurances were given that the
situation was really dangerous, President M cKinley sending to me
personally a gentleman to assure me that Ohio and Indiana were in
danger unless some adjustment was made, we agreed to put up a
notice which was prepared, as we understood, at Indianapolis and
furnished by the United Mine W orkers.
The private operators
absolutely refused to join in this advance, and, instead o f the strike
being ended as promised, it continued on for some time, and it
became necessary, in order to relieve the situation, to call a meeting
of the private operators with the presidents o f the coal companies and
to agree with them that if they would put up notices to pay 10 per
cent increase we would meet a committee which they should appoint
and endeavor to increase, if possible, the price o f coal. They agreed
to this, a committee was appointed by the private operators, and we
sat two or three days a month fo r three months to reach an agree
ment with them. That agreement involved a heavy compensation
to the private operators from the coal companies. The coal com
panies had to agree to change the basis o f coal purchased from the
private operators from a basis o f 40 per cent and 60 per cent to a
basis o f 35 per cent and 65 per cent. In other words, we had to
decrease 5 per cent and they increased 5 per cent.
Just before A pril we had another conference with the leaders o f the
mine workers, and they agreed that if we would continue the advance
o f wages for another year it would be satisfactory. In point o f fact,
REPOET ON ANTHRACITE COAL STRIKE.
1205
the advance in the upper regions was 10 per cent, as was agreed upon,
but in the Schuylkill region, by reason o f the Schuylkill mines having
worked during part o f the strike, and the coal having advanced in
price, the basis increased and the actual increase to the Reading Coal
and Iron Company thereby became 16 per cent instead o f 10 per cent.
Prior to the time o f the strike in 1900 the basis o f wages had been
settled and proved satisfactory in the Schuylkill region and in the
Lehigh region fo r a period o f nearly thirty years. The wages were
paid on a system o f profit sharing. The basis was that when coal at
Schuylkill Haven was worth $2.50 a ton the wages should be paid
according to a scale then adopted, and that for each increase o f 3
cents in the price o f coal 1 per cent should be added to the miners’
wages. F or illustration: I f a miner on this basis received $2 a ton
and coal advanced to $2.24, the wages o f the miner were increased 8
per cent, equivalent on a $2 basis (which is merely an illustration) to
16 cents. To show you how that would work out if no change had
been made in the wages in the strike o f 1900: The men on the old
basis o f $2.50 a ton would have received in October, 1900, 15 per cent
advance; in November, 16 per cent advance, and in December, 16 per
cent advance. In September, 1901, they would have received 20 per
cent advance. In the other months, the percentage, being according
to the price o f coal, as in the summer months coal is lower, would fall,
so that practically the 16 per cent advance made was no greater than
they would have received under the sliding schedule.
The workings o f the mines after the agreement was made with the
mine workers proved very unsatisfactory. They attempted to enforce
the collection o f dues from their members. It is well known that
when labor conditions become normal the mine workers refuse to pay
their dues. In periods o f excitement they pay. Last year the United
Mine W orkers insisted that we should permit one o f their representa
tives to stand at the mine entrances and compel every man to produce
a card o f his organization showing that he was in good standing and
had paid his dues. This was the source o f a number o f strikes and
much trouble, we peremptorily refusing to do it. The object was to
prevent nonunion men from going into the mines. They knew it would
not do to use force, but if they could establish the fact that it was to the
advantage o f every miner to belong to the union and that he would be
looked upon with disfavor unless he did, they hoped to succeed. They
went further. A t a number o f collieries they absolutely refused to
work with nonunion men. One colliery, the Temple, o f which I am
president, in an emergency employed carpenters who happened to be
nonunion men. The miners immediately struck, shut down the col
liery, and refused to g o to work unless we discharged these carpenters.
That is a sample o f what was going on all over the region, so that in
one year, notwithstanding this agreement, we had 102 strikes in mines
1206
BULLETIN OF THE DEPARTMENT OF LABOR.
operated b y the coal companies alone, of which we kept a record. In
addition to that we discovered that, for some reason or purpose of
their own, the amount produced at each colliery was reduced about
12£ per cent, and in many collieries more than that. Taking the Read
ing Coal and Iron Company alone, the total loss was over a million tons.
The losses o f the others seem to have been in the same proportion. W e
discovered by a comparison that, as the veins vary, the time required
to mine a ton o f coal varies; and there seemed to be a standard in the
minds o f these men o f about $2.50 as a basis. Therefore, when the
miner mined a sufficient quantity o f coal to produce approximately
$2.50, he quit work. In some o f the collieries be worked less than
four hours to produce that quantity o f coal; in others it would take
four and a half or five, but no man worked long enough to exceed
$2.60 a day. W hen we called Mr. Mitchell’s attention to these facts
before the Civic Federation, he said that the United Mine W orkers had
not authorized it and that all the strikes were unauthorized. Our
reply was then that “ Y ou are not able to control your men,” to which
there was no answer except he stated that if he had a written agreement,
instead o f a verbal one, he might be able to do better. The trouble
is, according to my individual judgment, that men belonging to the
unions were gradually forgetting to pay their dues, and that this strike
and these extraordinary demands were framed fo r the purpose o f pre
serving the organization. They had to promise the men something to
justify their existence. As Mr. Thomas’s letter will show you, there
are about 22 different languages and dialects spoken in the region, and
it is impracticable to reach all to reason with the men.
Now, on the question o f wages, I submit to you fo r use o f the Presi
dent a pay roll which I have taken at random. It is a November
pay roll o f last year, as that was before this controversy began,
and it is at your service, to see what we pay our men, and the number
o f men, the day’s wages, the average per day, and the classification of
men— a full statement o f the cost o f mining coal fo r the month o f
November. I also submit a statement, taken from that pay roll, to
show the daily pay o f the larger groups o f workmen. For example,
the lowest scale o f wages is 85 cents, as you will see, for boy slate
pickers; 3,000 o f them get 85 cents a day; men slate pickers, who are
top old to do any other kind o f work, get $1.20.
Mr. T h o m as . W e had boys earning 14 cents an hour when their
fathers were working on the track at 12 cents an hour.
Mr. B a e r . N o w , to show the business side o f it, I have had a careful
statement made o f the actual cost o f mining for the last four years.
In 1899 the cost o f labor entering into mining a ton o f coal was $1,067,
the material used in the colliery, $0,314, general expenses, $0,208.
The total cost o f a ton o f coal in 1899 at the mines was $1,589. In
REPORT ON ANTHRACITE COAL STRIKE.
1207
1900 the labor increased to $1,121, the material to $0.35, general
expenses decreased to $0.19, and the total cost o f a ton was $1,667.
In 1901 the labor raised to $1,263, the material to $0,365, and general
expenses were $0.19. The total cost was $1,823 per ton. For the ten
months ending A pril 30, 1902, the labor was $1,383, material $0,416,
and general expenses $0,192, so that the total cost was $1,991. It must
be understood that the Reading Company mines the greater part of
its output from its own land, held in fee, and there is no charge of
royalty or for sinking fund in this whatever.
I also submit a statement to show what the average daily wages o f
all the employees are, without regard to classification, including breaker
boys and everyone, taken from our pay roll. In January, 1902, we
had 15,976 inside laborers and 9,828 outside laborers, a total o f 25,804
men.
The average pay per day, which included the boys in the
breakers and at the veins, was $1.89. February, 1902, 26,270 men,
and the average per day was $1,898; March, 26,729 men, and the aver
age per day, $1,896; in April, 26,829 men, and the average was $1,906.
I submit the balance sheet o f the Reading Coal and Iron Company
for the fiscal year ending June 30, 1901, to show that we have
invested, in round numbers, $87,000,000. This is an actual invest
ment. There is no fictitious value or watered stock in it. When the
company was reorganized the coal lands were appraised and every
item o f property is as near actual valuation as we could get it. The
cost o f these lands was much greater than what appears on our balance
sheet, and the colliery improvements, which are represented by
$7,000,000, are worth more than twice that amount. W e have fortyfour collieries, and a modern colliery costs from $400,000 to $500,000;
I mean by that the shaft, pumping machinery, and the breaker. So
that all these things are under valuation rather than over. On this
investment there were mined from lands owned and leased 9,253,974
tons. The profit and loss for the year showed only $555,394. There
was, however, taken out o f current expenses $413,000, which was 5
cents a ton, for depreciation o f land. If we had paid the common
royalty o f the region on coal, the operations would have been carried
on at a loss. The same general results are shown in the Lehigh and
Wilkesbarre balance sheet, which shows that the profit and loss o f
that company was only $239,804. The Lehigh Valley Coal Company’s
report shows a loss o f $491,576.
It is a fact that, taking the companies which are known as the prin
cipal coal companies, the Reading, Lehigh Valley, and Erie, neither
o f them has been enabled to pay dividends on stock for many years.
It is commonly said that where the coal companies are owned by the
railroad companies the loss in the coal companies is made up in the
transportation. This is a great error. If you will take the history
9491—No. 43—02-----5
1208
BULLETIN OF THE DEPARTMENT OF LABOR.
of the Reading Company, which has not paid a dividend in practically
fifteen years, except within the last two years, when it has paid a divi
dend o f 4 per cent on $28,000,000 o f stock, you have this result. There
is invested in the Reading Coal Company $85,000,000; in the Reading
Railway Company and what is known as the Reading Company there
is outstanding $140,000,000 o f stock, making an investment, with the
Coal Company assets, o f $225,000,000. No dividends have been
declared in the last fifteen years on this stock, with the exception o f
two years on the preferred stock, which amounts to $28,000,000.
Taking the total earnings, without regard to dividends, o f the Reading
Company (which includes the railway company) and the coal com
pany, the total earnings fo r last year were $2,663,087 before the pay
ment o f the Reading Company’s dividend and the general mortgage
sinking fund. So that, in point o f fact, fo r many years these com
panies have not been able to earn dividends on their stock. W hat I
have said of the Reading is true o f the Lehigh Valley, and the same
thing is practically true o f the Erie, fo r which Mr. Thomas will speak.
W ith my experience in operating the Reading Railway Company, I
find that we have only been able to increase its revenue by increasing
our merchandise, passenger, and miscellaneous traffic, and that just in
proportion as we have been able to increase that traffic, the financial
affairs o f the Reading Railway have improved, and not by reason of
the coal business. Y ou will see what I mean by that. In 1894 and
1895 the merchandise traffic o f the Reading Railway was $6,400,000;
last year it was $10,579,000.
Now, as a business proposition it is absolutely impracticable to
increase the cost o f mining anthracite coal. Year by year, for reasons
which we can not control, the cost will increase, and by the increased
cost o f the material we must use in the mines, and by deeper mining,
which not only adds to the original cost o f sinking shafts but enor
mously to the cost o f pumping and hoisting. Forty per cent of the
anthracite coal is sold in the market below the cost of mining. The
reasons are that these coals compete with bituminous coal. The steam
boat coal is used almost exclusively in pig-iron furnaces. Its price is
regulated by the price o f coke. Coke is a better fuel for smelting
iron than anthracite, because it bears a heavier burden; and while
form erly the furnaces o f the Schuylkill region and the Lehigh region
used anthracite coal exclusively, it is impossible to use anthracite fuel
now alone, as the crushing weight o f the material is so great that
anthracite coal would become a compact mass, which will not let the
blast through. Therefore, anthracite coal is confined to low-stack
furnaces, or to high-stack furnaces where a certain percentage can be
used. For instance, a company uses 40 per cent o f anthracite to 60
per cent o f bituminous. The rice and smaller sizes o f coal, which
would be waste, are sold as low as 41 cents per ton. The buckwheats
REPORT ON ANTHRACITE COAL STRIKE.
1209
and the peas run up until the highest price we get for those sizes is
$1.65 for pea. That puts the whole burden o f any advance price on
60 per cent o f our production, which constitutes the domestic sizes.
A ll the other sizes must be sold in competition with bituminous coal,
and they must be sold to enable us to take precedence over bituminous
coal, or they can not be sold at all. The other 60 per cent, which are
known as the prepared and domestic sizes, must bear the raise in
price, and it comes upon every workingman and everybody who uses
coal, for primarily this coal is used fo r household purposes, not for
manufacturing; and were we to increase the price of coal then the cry
would be that the coal barons are oppressing the poor. And the only
suggestion that has been made to us when we presented these figures
both to the Civic Federation and to Mitchell was that we should put
this burden on the public. I f we did, there would not only be general
indignation, but many of the Western and New England markets
would be taken from us; and to further increase the price o f anthra
cite coal is absolutely to restrict its output and to injure the miners
and injure us. So that it is not a matter o f sentiment, but a hard
business proposition. It is impossible to g o any further than we have
gone. I f the President wants to send an expert to examine our books,
they are at his service. But we can not meet the expectations o f all
the politicians and philanthropists o f this country.
Y ou may say to the President that we honestly believe that, so far
as we know ourselves, we are men o f as good consciences and as good
intentions as anyone; that we have the interests o f labor more at
heart, because we are brought in daily contact with it, and that we
have the interest o f the business and the prosperity o f the country
more constantly before our eyes than all the members o f the Civic
Federation and the philanthropists put together. W e can help to
destroy the prosperity o f the country by meeting the foolish demands
o f those who are asking for more than it is in our power to give.
Regarding an estimate o f the increased cost o f production as a result
o f the demands, the unknown fact is how much the production o f the
mines would be reduced by an eight-hour day. Y ou can see that the
investment is there; the machinery, pumping, and care o f the mines goes
on fo r twenty-four hours; the general superintendents and the men
who are paid by the month (and there are a great many who must be
paid by the month). A mere increase o f 20 per cent in wages on the
cost o f prepared sizes would be about 46 cents a ton increase. T o that
must be added the increased cost by reduction o f output, the general
expenses all going on. Probably that might be estimated at 14 cents,
making the whole about 60 cents.
The total amount o f wages paid in the anthracite fields last year was,
so far as I can ascertain, about $66,000,000. So that there would be
an increase o f probably $20,000,000.
1210
BULLETIN OF THE DEPARTMENT OF LABOR.
There is another factor which is involved in this question o f labor.
W e have been unable to have any discipline in the mines at all. The
men work when they please since the last strike. W e have no control
over them.
Mr. Olyphant then said: I was only going back a little to say that
in the strike to which Mr. Baer alluded, in 1876, the wages in the
W yom ing region were different from those in the Schuylkill region;
one was a basis and the other a fixed price per ton. W e had twentythree years o f .perfect peace— nothing to trouble us in our mines any
where. Throughout that time we adhered to the rate o f wages paid,
no matter what the condition o f trade was. In our company we
passed years when we did not come anywhere near making our fixed
charges, but the men had their wages all the same. When we came
on toward this strike in 1900 the great hue and cry was that the
anthracite miners had been getting no more than they had received,
while in the bituminous and iron industries the wages had been raised;
though in both these industries wages had been carried to the lowest
point that men could stand, and we had never in that region given
one cent less than we had agreed at that time. This was the condition
when these men came in upon us.
Mr. B aer. In 1900 we all felt that the only substantial grievance
that the men had in our section was the fact that during the depressed
times we were unable to run our collieries to their full capacity. It
was not the basis o f wages paid, but that we could not give them sufficient
work. But for the last eighteen months the condition has been just
the other way. W e can not produce as much coal at our collieries as
the market will take. They will not mine it fo r us. The condition
o f the whole anthracite trade has changed with the general demand for
fuel all over the United States. It will not last long; a reaction is
bound to come.
(On request o f Commissioner W right, Mr. Olyphant and Mr.
Thomas corroborated all that Mr. Baer had said.)
Mr. O lyphant. I have nothing more to say, excepting this: That
after the period o f which I spoke o f these men have been coming in,
having first sent their delegates to incite the men and make them feel
that they could get more— in 1900 they came forward with their
demands, which, as acceded to under the pressure which was brought
upon the mine operators, amounted to nearly nine millions o f dollars.
That we considered to be an annual payment which we had to make.
Eighteen months afterwards, not at all satisfied, they make demands
which, as originally stated, would have amounted to fifteen millions,
but have reduced them so that they would amount to about eight or
nine millions, and have stated that they were coming again in 1903.
Now, what is to be done in such a case?
REPORT ON ANTHRACITE COAL STRIKE.
1211
Mr. W right. The men who are paid per ton are practically sub
contractors?
Mr. Baer. Yes. They hire helpers at about $1.75 per day, or
whatever they pay them.
Mr. W right. D o these helpers participate with the subcontractors
in any increase?
Mr. Baer. W e have no means o f knowing that.
Mr. T homas. I assume that they must have done so, but am not
certain.
Mr. W illcox. There is one thing to say about the United Mine
W orkers. D o you stop to think o f the gigantic character o f this
attempt ? This is a union which seeks to control the entire fuel supply.
That sort o f a union is objectionable. It is really a trust.
Mr. W right. W hat if the present status holds for four or five
months? The statement o f Mr. Thomas is that the country would
adjust itself to bituminous coal.
Mr. T homas. No ; not in so short a time as that.
Mr. W right. Then what would happen if the strike continues for
four or five months?
Mr. T homas. Strikes in anthracite fields have continued longer than
that without any general inconvenience.
Mr. W right. A re the men preventing the pumping of the mines?
Mr. Baer. They are preventing it, intimidating our men, etc. W e
are keeping the pumps at the mines running by the aid o f armed
crews. Mitchell’s men are engaged in the most active war that is
possible, and we can not prevent it.
Mr. W right. W as the price o f coal enhanced last year?
Mr. Baer. N o ; we have not advanced the price o f coal since 1900.
Mr. W right. Y ou receive no more fo r the coal?
Mr. Baer. F or the smaller sizes we get less. There has been no
increase in the price o f coal since the circular of November, 1900,
which was based upon the 10 per cent advance.
Mr. W right. Has immigration affected this situation?
Mr. Baer. The act o f 1889, which stated that a miner must have a
certificate as a licensed miner and have worked two years or more in
a mine, was intended to prevent outsiders from coming in. This did
not refer to laborers. But we had no trouble up to 1900.
Mr. W right. Suppose you should make a three-years’ contract, or
more, with the union on any basis. W ould it help the situation?
Mr. T homas. H ow can we tell about the markets— what the effect is
going to be next year or the year after? W e can no more tell whether
we can pay the same wages next year or the year after or fo r three
years from now than we can tell anything. A ny recommendation or
any statement that we might make, public opinion would compel us to
1212
BULLETIN OF THE DEPARTMENT OF LABOR.
comply with. Until the union assumes some legal and pecuniary
responsibility no contract would be o f any avail.
M r. W right. W hat has been the output per man, we will say, during
the last two years, compared with the previous output?
Mr. Baer. Our records show that where a man produced 6 tons
form erly, before 1900, it has been reduced to about 5; but I have
made 12i per cent the basis in the statements, so as to be within
bounds.
Mr. W right. The official statistics o f the Geological Survey show
rather an increase in the output o f the mines.
Mr. T homas. That is not possible. There is a great deal o f this
coal, the washery coal, which the miner has nothing to do with.
Mr. Baer . Perhaps they have taken the aggregate number of men
employed without reference to the class o f work.
Mr. W r ig h t . I am going to ask a question which does not belong
to my errand. Y ou are perhaps perfectly familiar with the methods
o f those coal markets where they have methods o f arbitration, all
grievances being first submitted to a board, and there being no sus
pension o f work pending their consideration o f them. Have you
ever considered that method as applicable to your own mines?
Mr. Baer. Personally I have investigated that subject very clearly,
and find that in England in times o f depression nothing works at all;
that if that condition is followed up it generally results in a strike.
I have followed up that condition in Australia and talked with a gen
tleman who has traveled there, and I find that labor always expects
something, and any arbitration which does not give them something is
rejected. In times o f prosperity it works very well, when everybody
is making money.
Mr. W right. I s there any sort o f suggestion which the President
or anyone else can make, looking to the cessation o f this difficulty ?
Mr. T homas. I f the Civic Federation and all the politicians in this
country will simply say, u Gentlemen, this is a commercial transaction,
in which we do not see our way clear to interfere,” it will do more to
end it than anything else. The sentiment has been right along that,
through the Civic Federation, they could bring us to terms.
Mr. W right. Y ou think that the existence of that committee of
thirty-six was more o f an obstacle than anything else?
Mr. T homas. I do.
Mr. Baer. W e are working fo r the future o f an industry which if
it yields to public clamor at this time is irretrievably ruined.
Mr. W right. W ould you be willing to cooperate in appointing a
small commission to consider the whole mining methods— simply the
modus operandi— and to report at a future time for the acceptance of
their conclusions by the operators and miners ?
Mr, T homas. In the first place, to get an intelligent report the men
REPORT ON ANTHRACITE COAL STRIKE.
1213
must have had experience in anthracite mining. Just where a body
o f men can be found who have the experience, the intelligence, and the
leisure to devote to that 1 do not know. A ny recommendation they
might have to make should carry with it, so far as we are concerned,
the force o f law.
Mr. W right. I mean a commission o f such men as you would
appoint and some to be appointed by Mr. Mitchell and his colleagues
to investigate and report what it finds in the matter.
Mr. T homas. W e are not as free as they could be, on account o f
public opinion. You say this would be a voluntary commission. I f
we did not agree to its findings, the public would say: ‘ cW ell, now that
you have agreed to this, prove it.”
Mr. Baer. A fter you have read over the correspondence and the
statements we have made to-day, if you want anything more, if you
want to send and look at our books, we will do whatever we can for
you. It is a great pity that somebody did not go over the ground
before this.
APPENDIX F .—STATEMENT OF M B. E. B. THOMAS, REPRESENTA
TIVE OF ERIE RAILROAD COMPANY AND LEHIGH V A L L E Y
COMPANY.
I fully concur in Mr. Baer’s general statement and in the figures
which he has submitted. I did not come prepared for any meeting of
this character, and brought no statistics as to the cost o f mining, the
rate o f wages, or any facts whatever connected with the production of
anthracite coal in so far as they relate to the Lehigh Valley and Erie
companies.
I will cheerfully furnish, on request, any figures or statements desired.
The great and grow ing industry o f this country is the bituminous coal
industry. The percentage o f increase in tonnage and value exceeded
in the last year that o f any one industry in the United States. For
several years prior to 1900 the best that could be said o f the anthra
cite industry was that it was stationary, and indeed in some respects
might be counted as declining. Seventy-five per cent o f the increase
o f 1901 has come from what is known as “ washery” coals and from
the better practice that we have inaugurated in saving coal that here
tofore went to the culm piles. This character o f fuel is only marketed
along our lines locally and at tide water, and is in active and keen com
petition with bituminous coal. Much o f this character o f coal does
not net to producing companies over 25 cents per ton at the mines,
but by reason o f the facility with which it is handled, its cleanliness,
and better method o f preparation, the market for coal heretofore
wasted has been increasing. In respect o f the prepared sizes, that
consumption will increase only as the prosperity o f the country
1214
BULLETIN OF THE DEPARTMENT OF LABOR.
increases and with the building o f homes. Anthracite coal is not
strictly a necessity, but may more properly be classed as a luxury, and if
some unfortunate accident should overtake the anthracite country and
entirely extinguish the industry, leaving the rest o f the country unim
paired, with our enormous supplies o f bituminous coal it would simply
take the place form erly occupied by anthracite. Bituminous coal is
the fuel o f the world, and is universally used in foreign countries, the
only anthracite produced abroad being what is known as W elsh coal,
but that is little used in England, being marketed almost entirely on
the Continent. Prior to 1901 the difficulty in the anthracite region
was to find a market for 60,000,000 tons when the consuming capacity
o f the country was only about 45,000,000.
The consumption o f coal being in the fall and winter months, no one
will buy coal in May and June for consumption in January unless it
is to his advantage. Last year our companies inaugurated, and I
think most o f the other companies followed, a plan o f reducing the
price o f coal to the consumer 50 cents per ton in the month o f April
and increasing that fo r five months at the rate o f 10 cents per ton, in
order to make an inducement for people to take their coal in the sum
mer, and thereby more evenly distributing the production over the
twelve months. F or the first time in the history we made some prog
ress in that direction. W e had started in that direction this year when
our work was interrupted by the strike o f the miners.
The coal that is marketed in the W est is transported in returning
grain cars at a rate a little higher than the grain coming East. That
same rate can not be applied to tide-water coal, because it has to be
transported in an entirely different class o f equipment, which returns
empty and requires entirely different preparation.
1 think that the management o f the anthracite properties are as
earnest in their efforts to continue the prosperity o f the industry as
anybody else in this country, but the anthracite industry is not broad
enough to carry the financial and political prosperity o f a country o f
77,000,000. 1 want to state one point that we made before Mr.
Mitchell at our conferences. W e are not opposed to union labor. I
have been dealing with union labor fo r thirty years, but what Mr.
Mitchell is seeking to bring about is simply impracticable. Mr.
Mitchell admitted in our conference that he had never been inside an
anthracite coal mine but once in his life. I said, “ Mr. Mitchell, I
have not only weighed coal in bituminous mines, but 1 have had fifteen
years’ experience in the anthracite mines, and it is absolutely impossi
ble for you to realize the differences which exist.” There are carried
on the pay rolls from 70 to 80 different occupations. They raised a
question a while ago in the case o f *a man who was getting $1 a day
and another who was getting $1.50 a day fo r mule driving. One was
REPORT ON ANTHRACITE COAL STRIKE.
1215
a cripple and the other was uninjured. It stands to reason who could
do the most work. Now, the anthracite mining varies in its districts.
Y ou understand what are known as the anthracite districts. The d if
ferent chambers in the same mine differ. I feel that our labor is bet
ter protected in the anthracite region, and that the companies— the
larger companies; I do not speak o f the smaller operators—are more
disposed to give attention to petty complaints and questions o f injus
tice, and make every effort to make the conditions o f work pleasant.
A ll o f our division superintendents are held fo r the results o f the men
under them. Should the men under one division superintendent stop
working fo r one or two days, naturally there is a falling off in the
production o f that mine. That man is under constant pressure to
keep his men at work, and he can only do so by fair treatment o f the
men under him. The Lehigh Company has one mine from which it
had not mined a pound o f coal in the four months prior to this strike,
because the miners declined to allow nonunion men to work in the
mine. I think it is an injustice. Every man has the inalienable right
to work, and if he is required to have a license from a labor leader to
do so, I say the time has come for a new Declaration o f Independence.
In our posted notices to the miners we told them we would take up
any grievances which might occur with the superintendents, and that
we have done, and that we expect to do, and that seems to us fair, but
we can not take up differences through persons not in our employ.
The discipline o f the men can not be taken out of our hands, because
we are responsible fo r the safety o f life and property.
Now, you take it on our railroad. W e have had agreements with
our men, and have them now, and can not see that there is any reason
why we should not.
Mr. W right quoted the follow ing from Mr. Mitchell: “ That they
are not interfering with the pumpmen.”
Mr. Thomas stated: “ Now, their demand is this: That these pump
men should have, instead o f a ten-hour day, an eight-hour day with the
same pay. By a system o f intimidation they have forced the most o f
all those remaining men out, and we have been compelled to go out
side fo r men. One o f the largest dry-goods firms in Wilkesbarre yes
terday declined to sell blankets to the Lehigh Valley Coal Company to
cover our imported labor under the threat that they would be boy
cotted if they did. Not only that, but a poor school-teacher was
obliged to give up her position because her father remained at work.
But fo r the system o f intimidation and boycott which prevails in the
anthracite region, comparatively few, if any, o f our engineers, pump
men, or firemen would have left our employ, but the policy which is
being pursued and the annoyance to which they are subjected is a dis
grace to civilization.”'
1216
BULLETIN OF THE DEPARTMENT OF LABOR.
APPEN D IX G.—STATEMENT OP MR. D A VID W ILLCOX, VICEPRESIDENT AN D GENERAL COUNSEL OP THE D E LA W AR E AND
HUDSON COMPANY.
June 7,1902.
T o the President of the U nited States.
S i r : The Delaware and Hudson Company was incorporated by an
act o f the legislature o f the State o f New Y ork, passed A pril 23,1823.
Its principal object, as stated in the act o f incorporation, was to furnish
to the State o f New Y ork a supply o f coal found in the State of Penn
sylvania. By various acts o f the legislature o f the State of Pennsyl
vania it is authorized to hold real estate and generally to conduct its
business in that State. It is the owner o f large coal properties in
Pennsylvania, together with a considerable system of railroads extend
ing from the coal regions o f Pennsylvania into the States o f New
Y ork and Vermont, and is engaged in the business o f producing
anthracite coal in Pennsylvania and shipping the same over said roads
into said other States. Its business is therefore, for the most part,
o f an interstate character. In order to preserve its mines from injury
by water and gas, it is necessary to keep in operation pumps and other
machinery, a stoppage o f which would cause serious damage to the
property.
The association known as the United Mine W orkers o f America
is an association composed o f a large number o f miners and laborers
engaged throughout the country in mining anthracite and bituminous
coal and employed b y the owners o f said mines. This association has
its headquarters in the State o f Indiana, and exists also in the State
o f Pennsylvania and in the localities where are situated the collieries
o f this company. Its general purpose is to dictate all the terms o f
the contract o f employment between producers and employees engaged
in mining, preparing and shipping all the bituminous and anthracite
coal o f the country, and to enforce its orders and directions by what
ever means may be most effectual, including strikes, not confined to its
own members alone, but in which are compelled to join, as far as
possible, all other persons similarly employed. Its violent methods
have already received the condemnation o f the circuit court o f the
United States. (Reinecke Company v. W ood, 112 Fed. Rep., 478.)
During last spring, as the result o f various conventions and com
mittee meetings, the association made certain demands upon the pro
ducers o f anthracite coal. These reduced themselves to a demand
that the hours o f labor be diminished from ten hours to eight with
out change in the rate o f wages. The result, o f course, would be
that each individual worker would receive no greater aggregate
wages, but that the expense o f producing coal would be increased
about 20 per cent. This eliminated any claim that the present wages
REPORT ON ANTHRACITE COAL STRIKE.
1217
are insufficient, because, if the demands o f the Mine W orkers were
granted, the amount earned by the individual would be no greater
than it k now; the difference would be merely that it would take him
two hours less to earn it. In the case o f the miners themselves, I
should say in passing, there would be no advantage, because they
already work not more than six hours. A s to them, there was a
demand that the prices o f their contract work should be increased 20
per cent, so as to enable them to reduce the hours o f labor o f their
helpers from ten to eight without expense to the miners themselves.
So that, as I have said, the matter comes down to a demand that the
hours o f labor should be reduced without any increase in the wages
o f the individual, but with the effect of an addition o f about 20 per
cent to the cost o f production, or not less than $10,000,000 in the
aggregate, and more than the aggregate dividends paid by all the
anthracite coal companies. This would have consumed all the profits
o f the producers unless it should be covered by a large advance in the
price o f coal. The producers felt themselves unable to comply with
such demands.
Accordingly, the United Mine W orkers upon May 8, 1902, pro
mulgated an order that all workmen, with the exception o f engineers,
firemen, and pumpmen at the collieries o f this company, cease and
desist from work from and after May 12, 1902. It thus recognized
that the engineers, firemen, and pumpmen were engaged merely in
the preservation o f the property. Thereafter, failing to secure con
cession o f the demands above stated, it ordered a simultaneous cessa
tion o f work on the part o f all said engineers, firemen, and pumpmen.
The manifest object o f the latter movement was merely to coerce this
company into com plying with the demands already made through
fear o f injury and destruction o f its property engaged in its interstate
business as above stated.
These facts show that the United Mine W orkers association and all
o f its members constitute a combination or conspiracy in restraint of
trade and commerce among the several States, and also an attempt to
monopolize the labor necessary in supplying coal found in one State
to the markets o f other States, and thus to monopolize this part o f the
commerce among the several States. The action already had by said
United Mine Workers has greatly injured this company’s interstate
business, as above stated, and said association is in great part monopo
lizing the labor necessary in carrying on the same. The courts have
already many times held that such a combination is unlawful within
the act o f Congress o f July 2, 1890, passed for the purpose o f pre
venting restraints o f interstate commerce and known as the Sherman
A ct. (U. S. v. Council, 54 Fed. Rep., 994; 157 Fed. Rep., 85; Thomas
v. Cincinnati Co., 62 Fed. Rep., 802, 808; U. S. v. Agler, 62 Fed. Rep.,
824; U. S. v. Elliot, 62 Fed. Rep., 801; 64 Fed. Rep., 27; Arthur v.
1218
BULLETIN OF THE DEPARTMENT OF LABOR.
Oakes, 63 Fed. R ep., 310; In re Debs, 64 Fed. Rep., 724; affd. 158
U . S. 564, 600; U. S. v. Trans-Missouri Assn., 166 U. S. 280, 343,
356.) In addition, it is reported that efforts are in progress to induce
those who are engaged in interstate railroad service to simultaneously
abandon their employment for the purpose o f aiding the demands o f
the United Mine W orkers by crippling such commerce. Such action
would bring the case exactly within the decision o f the United States
Supreme Court, in the case which led to the imprisonment o f Mr.
Debs (158 U. S., 564), and would clearly be unlawful.
Inasmuch as the newspapers have reported that some sort of appli
cation has been made fo r interference on the part o f the national
authorities, I write to call your attention to these facts and to submit
the same fo r your consideration.
V ery respectfully
D a v id W il l c o x .
APPEN D IX H .—CONTRACT OP BITUMINOUS COAL M INERS AND
OPERATORS.
ILLINOIS AG REEM ENT FOR SCALE Y E A R ENDING M ARCH 31, 1903.
Whereas a contract between the operators o f the competitive coal
fields o f Pennsylvania, Ohio, Indiana and Illinois and the United Mine
W orkers o f America, has been entered into at the city o f Indianapolis,
Ind., February 8, 1902, by which the present scale o f prices at the
basic points, as fixed by the agreement made in Indianapolis, Ind.,
February 2, 1900, is continued in force and effect for one year from
A pril 1, 1902, to March 31, 1903, inclusive; and,
Whereas this contract fixes the pick-mining price o f bituminous
mine-run coal at Danville, at 49 cents per ton o f 2,000 pounds: There
fore, be it
Resolved, That the prices fo r pick-mined coal throughout the State
fo r one year beginning A pril 1, 1902, shall be as follows:
FIRST DISTRICT.
Streator, Cardiff, Clarke City, and associated mines, including Toluca thick
v ein ............................................................................................................................... $0.58
Third vein and associated mines, including 24 inches o f brushing............................ 76
Wilmington and associated mines, including Cardiff long wall and Blooming
ton thin vein, including brushing.................................................................................81
Bloomington thick v ein ...................................................................................................... 71
Pontiac, including 24 inches of brushing....................................................................... 81
Pontiac top vein....................................................................................................................58
M arseilles..................................................................................................................... 1.09
(Rate at Marseilles to continue until September 1, 1902, at which time the
conditions are to be investigated b y President Russell and Commissioner
Justi, and if conditions are changed as now contemplated an equitable
adjustment shall be m ade.)
REPORT ON ANTHRACITE COAL STRIKE.
1219
Morris and Seneca (referred to a committee composed of Commissioner Justi
and two operators and President Russell and two miners to fix mining
prices, which shall become a part of this contract; the same to be consid
ered before May 1, 1902).
Clarke City lower seam, brushing in coal.............................................................. $0.66
SECOND, DISTRICT.
Danville, Westville, Grape Creek, and associated mines in Vermilion County.
. 49
THIRD DISTRICT.
Springfield and associated m ines..................................................................................... 497
Lincoln and Niantic...........................................................................................................53
C olfax....................................................................................................................................53
FOURTH DISTRICT.
Mines on Chicago and Alton south of Springfield, to and including Carlinville; including Taylorville, Pana, Litchfield, Hillsboro, W itt (Paisley),
Divernon, and Pawnee...................................................................................................49
Assumption long wall, under present regulations...................................................... 65}
Moweaqua room and pillar...............................................................................................53
Mount Pulaski room and pillar....................................................................................... 66
Decatur, present conditions.............................................................................................. 64
FIFTH DISTRICT.
Glen Carbon, Belleville, and associated mines, to and including Pinckneyville, Willisville, and Nashville.................................................................................... 49
Coal 5 feet and under.....................................................................................
54
SIXTH DISTRICT.
Du Quoin, Odin, Sandoval, Centralia, and associated mines.....................................45
Salem and K in m u n d y .......................................................................................................50
SEVENTH DISTRICT.
Mount V ern on .................................................................................................................... 50
Jackson County..................................................................................................................45
(A ll coal 5 feet and under, 5 cents extra per ton; this not to apply to lower
bench, nor rolls or horsebacks.)
Lower bench, Jackson County, for shipping mines, miners to carry 14 inches
b ru sh in g .......................................................................................................................... 58
Saline County...............................................................................................................
.45
Williamson County............................................................................................................ 52
Gallatin County (price to be determined by Thomas Jeremiah and Commis
sioner Justi and become a part of this contract).
EIGHTH DISTRICT.
Fulton and Peoria counties, thin or lower vein (third vein con dition s)............... 76
Fulton and Peoria counties, No. 5 vein......................................................................... 56
Astoria, No. 5 vein (Fulton and Peoria counties’conditions).....................................56
1220
BULLETIN OF THE DEPARTMENT OF LABOR.
Pekin (price of 60 cents per ton continued under provisions similar to those in
State agreement for year ending April 1, 1902, v iz.: Price of 60 cents per
ton, with Fulton and Peoria counties, conditions to be in force for 90 days
from April 1, 1902, during which time a record is to be kept to determine
cost of removing dirt, etc. Should this rate be found to work a hardship,
it shall be readjusted; if it transpires that it is equitable it shall continue
during the life of this agreement. It is understood that the Pekin opera
tors and delegates w ill determine by what method the readjustment shall
be considered).
Fulton and Peoria counties, No. 6 vein (referred to a committee composed of
Commissioner Justi and two operators and President Russell and two
miners to fix a mining price which shall become a part of this contract; the
present rate of 59 cents per ton to continue in force pending adjustment by
said committee. The same to be considered before May 1, 1902).
Gilchrist, Wanlock, Cable, Sherrard, and Silvis mines, 60 cents per ton with last
year’ s conditions. In case of deficient work, where miner and mine mana
ger can not agree as to compensation, the mine committee shall be called
in; and, if they can not agree, the dispute shall be carried up under the
thirteenth clause of the present scale.
Kewanee and E th erley ................................................................................................
Pottstown, No. 1 seam, scale to be the same as Gilchrist and W anlock, except
in the brushing of the top, that shall be settled by the subdistrict.
$0.65
NINTH DISTRICT.
Mount Olive, Staunton, Gillespie, Clyde, Sorento, and Coffeen, and mines on
the Vandalia line as far east as and including Smithboro, and on the B. & O.
S. W . as far east as Breese................................................................................................. 49
Coal 5 feet and under.................................................................................................
.54
First. The Indianapolis convention, having adopted the mining and
underground day-labor scale in effect A pril 1, 1900, as the scale for
the year beginning A pril 1, 1902, no changes or conditions shall be
imposed in the Illinois scale for the coming year, that increase the cost
o f production o f coal in any district in the State, except as may be
provided.
Second. No scale o f wages shall be made by the United Mine
W orkers for mine manager, mine manager’s assistant, top foreman,
company weighman, boss drivers, night boss, head machinist, head
boilermaker, head carpenter, night watchman, hoisting engineers. It
being understood that “ assistant” shall apply to such as are author
ized to act in that capacity only. The authority to hire and discharge
shall be vested in the mine manager, top foreman, and boss driver.
It is further understood and agreed that the night watchman shall be
exempt when employed in that capacity only.
Third. A ny operator paying the scale rate o f mining and day labor
under this agreement, shall at all times be at liberty to load any rail
road cars whatever, regardless o f their ownership, with coal, and sell
and deliver such coal in any market and to any person, firm, or cor
poration that he may desire.
REPORT ON ANTHRACITE COAL STRIKE.
1221
Fourth. The scale o f prices for mining per ton of 2,000 pounds runof-mine coal herein provided for, is understood in every case to be for
coal free from slate, bone, and other impurities, loaded in cars at the
face, weighed before screening; and that the practice of pushing coal
by the miners shall be prohibited.
Fifth, (a) W hether the coal is shot after being undercut or sheared
by pick or machine, or shot without undercutting or shearing, the
miners must drill and blast the coal in accordance with the State min
ing law o f Illinois, in order to protect the roof and timbers in the
interest o f general safety. I f it can be shown that any miner persist
ently violates the letter or spirit o f this clause, he shall be discharged.
(J) The system o f paying fo r coal before screening was intended to
obviate the many contentions incident to the use of screens, and was
not intended to encourage unworkmanlike methods o f mining and blast
ing coal, or to decrease the proportion o f screened lump, and the
operators are hereby guaranteed the hearty support and cooperation
o f the United Mine W orkers o f America in disciplining any miner
who from ignorance or carelessness or other cause fails to properly
mine, shoot, and load his coal.
Sixth. In case slate, bone, clay, sulphur, or other impurities are
sent up with the coal b y the miner, it shall be the duty o f whomever
the company shall designate as inspector to report the same, with the
estimated weight thereof, and the miner or miners so offending shall
have such weight deducted from the established weight o f the car, and
for the first offense in any given month shall be fined 50 cents; for the
second offense in the same month he or they shall, at the option o f the
operator, be fined $2 or suspended for two working days; and for
the third or any subsequent offense in the same month, or in malicious
or aggravated cases for the first or any subsequent offense, the oper
ator may indefinitely suspend or discharge.
The company weighman shall post in a conspicuous place at the pit
head the names o f all miners dealt with hereunder.
The inspector designated by the operator shall' be a member o f the
United Mine W orkers o f America, but in the discharge o f the duties
herein specified shall not be subject to the jurisdiction o f the local
union or president or pit committee, and against any miner or com
mitteeman seeking in any way to embarrass the inspector in or because
o f the discharge o f such duties the provisions o f the miners’ State con
stitution shall be invoked and in addition he shall, at the option o f the
operator, be suspended for two working days.
In case it shall be alleged by either the local representatives o f the
miners or by the operator that the inspector is not properly perform
ing his duties hereunder, it shall be so reported to the miners’ sub
district president, who shall, within forty-eight hours after the receipt
o f notification, take it up with the superintendent of the company for
1222
BULLETIN OF THE DEPARTMENT OF LABOR.
adjudication; and, if it shall be found that the inspector is not faith
fully perform ing such duties, he shall be discharged or transferred to
other duties, as the operator may elect.
The proceeds o f all fines hereunder shall be paid to the miners’ subdistrict secretary-treasurer, and under no circumstances shall any such
fine be remitted or refunded.
Seventh. The miners o f the State o f Illinois are to be paid twice a
month, the dates o f pay to be determined locally, but in no event shall
more than one-half month’s pay be retained by the operator. When
any number o f men at any mine so demand, statements will be issued
to all employees not less than twenty-four hours prior to pay day. No
commissions will be charged for money advanced between pay days,
but any advance between pay days shall be at the option o f the
operator.
Eighth. The price fo r powder per keg shall be $1.75— the miners
agree to purchase their powder from the operators, provided it is
furnished o f standard grade and quality; that to be determined by the
operators and expert miners jointly, where there is a difference.
Ninth. The price for blacksmithing fo r pick mining shall be sixtenths o f a cent per ton fo r room and pillar work, and 12£ cents per
pay per man, or 25 cents per month fo r long wall for pick and drill
sharpening.
Tenth. It is understood that there is no agreement as to the price
o f oil.
Eleventh. The inside day-wage scale authorized by the present agree
ments, i. e., the Columbus scale o f 1898, plus an advance o f 20 per
cent, shall be the scale under this agreement; but in no case shall less
than $2.10 be paid fo r drivers.
Twelfth. The above scale o f mining prices is based upon an eighthour workday, and it is definitely understood that this shall mean
eight hours’ work at the face, exclusive o f noon time, six days a week,
or forty-eight hours in the week, provided the operator desires the
mine to work, and no local ruling shall in any way affect this agree
ment or impose conditions affecting the same.
A ny class o f day labor may be paid, at the option o f the operator,
for the number o f hours and fractions thereof actually worked, at an
hour rate based on one-eighth o f the scale rate per day: Provided,
however, That when the men g o into the mine in the morning they
shall be entitled to two hours’ pay whether the mine hoists coal two
hours or not, except in the event that they voluntarily leave their
work during this time without the consent o f the operator they shall
forfeit such two hours’ pay: Provided, fu rth er, That overtime by
day laborers, when necessary to supply railroad chutes with coal
by night or Sunday, where no regular men therefor are exclusively
REPORT ON ANTHRACITE COAL STRIKE.
1223
employed, or when necessary in order not to impede the operation o f
the mine the day following, and for work which can not be performed
or completed by the regular shift during regular hours without imped
ing the operation o f the mine, may be performed and paid for at the
same rate per hour.
Thirteenth, (a) The duties o f the pit committee shall be confined to
the adjustment o f disputes between the pit boss and any o f the mem
bers o f the United Mine W orkers o f America working in and around
the mine, for whom a scale is made, arising out o f this agreement of
any subdistrict argeement made in connection herewith, where the pit
boss and said miner or mine laborers have failed to agree.
(i)
In case o f any local trouble arising at any shaft through such
failure to agree between the pit boss and any miner or mine laborer,
the pit committee and the miners’ local president and the pit boss are
empowered to adjust it; and in the case o f their disagreement it shall
be referred to the superintendent o f the company and the president of
the miners’ local executive board, where such exists, and shall they fail
to adjust it— and in ail other cases— it shall be referred to the super
intendent o f the company and the miners’ president o f the subdistrict;
and, should they fail to adjust it, it shall be referred in writing to the
officials o f the company concerned and the State officials o f the United
Mine W orkers o f America fo r adjustment; and in all such cases, the
miners and mine laborers and parties involved must continue at work,
pending an investigation and adjustment, until a final decision is
reached in the manner above set forth.
(c) I f any day men refuse to continue at work because o f a griev
ance which has or has not been taken up fo r adjustment in the manner
provided herein, and such action shall seem likely to impede the oper
ation o f the mine, the pit committee shall immediately furnish a man
or men to take such vacant place or places at the scale rate, in order
that the mine may continue at work; and it shall be the duty o f any
member or members o f the United Mine Workers, who may be called
upon by the pit boss or pit committee, to immediately take the place
or places assigned to him or them in pursuance hereof.
(d) The pit committee, in the discharge o f its duties, shall under no
circumstances go around the mine for any cause whatever, unless
called upon by the pit boss or by a miner or company man who may
have a grievance that he can not settle with the boss; and, as its duties
are confined to the adjustment o f any such grievances, it is understood
that its members shall not draw any compensation except while act
ively engaged in the discharge o f said duties. A ny pit committeeman
who shall attempt to execute any local rule or proceeding in conflict
with any provision o f this contract, or any other made in pursuance
hereof, shall be forthwith deposed as committeeman. The foregoing
9491—No. 43—02-----6
1224
BULLETIN OF TflE DEPARTMENT OF LABOR.
shall not be construed to prohibit the pit committee from looking
after the matter o f membership dues and initiations in any proper
manner.
(e) Members o f the pit committee employed as day men shall not
leave their places o f duty during working hours, except by permission
o f the operator, or in cases involving the stoppage o f the mine.
( f ) The right to hire and discharge, the management o f the mine,
and the direction o f the working force are vested exclusively in the
operator, and the United Mine W orkers o f America shall not abridge
this right. It is not the intention o f this provision to encourage the
discharge o f employees, or the refusal o f employment to applicants
because o f personal prejudice or activity in matters affecting the
United Mine W orkers o f America. I f any employee shall be sus
pended undischarged b y the company and it is claimed that an injus
tice has been done him, an investigation to be conducted by the parties
and in the manner set forth in paragraphs {a) and (b) o f this section
shall be taken up prom ptly, and, if it is proven that an injustice has
been done, the operator shall reinstate said employee and pay him full
compensation for the time he has been suspended and out o f employ
ment: Provided, I f no decision shall be rendered within five days, the
case shall be considered closed in so far as compensation is concerned.
Fourteenth. The wages now being paid outside day labor at the
various mines in this State shall constitute the wage scale for that class
o f labor during the life o f this agreement: Provided, That no top man
shall receive less than $1.80 per day.
Fifteenth. In the event o f an instantaneous death by accident in the
mine, the miners and underground employees shall have the privilege
of discontinuing work for the remainder o f that day, but work, at the
option o f the operator, shall be resumed the day following, and con
tinue thereafter. In case the operator elects to operate the mine on
the day o f the funeral o f the deceased, as above, or where death has
resulted from an accident in the mine, individual miners and under
ground employees may, at their option, absent themselves from work
fo r the purpose o f attending such funeral, but not otherwise. And
in the event that the operator shall elect to operate the mine on the
day o f such funeral, then from the proceeds o f such day’s operation
each member o f the United Mine W orkers o f America employed at
the mine at which the deceased member was employed shall contribute
50 cents and the operator $25 fo r the benefit o f the family o f the
deceased or his legal representatives, to be collected through the office
o f the company. Except in case o f fatal accidents, as above, the mine
shall in no case be thrown idle because o f any death or funeral; but in
the case o f the death o f any employee o f the company or member o f
his family, any individual miner may, at his option, absent himself from
work fo r the sake o f attending such funeral, but not otherwise.
REPORT ON ANTHRACITE COAL STRIKE.
1225
Sixteenth, (a) The scale o f prices herein provided shall include, in
ordinary conditions, the work required to load coal and properly timber
the working places in the mine, and the operator shall be required to
furnish the necessary props and timber in rooms or working face.
A nd in long wall mines it shall include the proper mining o f the coal
and the brushing and care o f the working places and roadway according
to the present method and rules relating thereto, which shall continue
unchanged.
(i) I f any miner shall fail to properly timber, shoot, and care fo r his
working place, and such failure has entailed falls o f slate, rock, and
the like, the miner whose fault has occasioned such damage shall repair
the same without compensation, and if such minqr fails to repair such
damage he may be discharged.
A n y dispute that may arise as to the responsibility under this clause
shall be adjusted by the pit committee and mine foreman, and in case
o f their failure to agree, shall be taken up fo r settlement under the
thirteenth section o f this agreement.
In cases where the mine manager directs the placing o f crossbars to
permanently secure the roadway, then, and in such cases only, the
miner shall be paid at the current price for each crossbar when prop
erly set.
The above does not contemplate any change from the ordinary
method o f timbering by the miner fo r his own safety.
Seventeenth. The operators will recognize the pit committee in the
discharge o f its duties as herein specified, but not otherwise, and agree
to check off union dues, assessments, and fines from the miners and
mine laborers, when desired, on proper individual or collective con
tinuous order, and furnish to the miners5 representative a statement
showing separately the total amount o f dues, assessments, and fines
collected. W hen such collections are made card days shall be abol
ished. In case any fine is imposed, the propriety o f which is ques
tioned, the amount o f such fine shall be withheld by the operator until
the question has been taken up fo r adjustment and a decision has been
reached.
Eighteenth. The operators shall have the right in cases o f emergency
work or ordinary repairs to the plant to employ in connection there
with such men as in their judgment are best acquainted with and suited
to the work to be perform ed, except where men are permanently
employed fo r such work. Blacksmiths and other skilled labor shall
make any necessary repairs to machinery and boilers.
Nineteenth. The erection o f head frames, buildings, scales, machin
ery, railroad switches, etc., necessary fo r the completion o f a plant to
hoist coal, all being in the nature o f construction work, are to be
excluded from the jurisdiction o f the United Mine W orkers o f Am er
ica. Extensive repairs to or rebuilding the same class o f work shall
1226
BULLETIN OF THE DEPARTMENT OF LABOR.
also be included in the same exception. The employees thereon to he
excluded, as above, when employed on such work only.
Twentieth. When any employee absents himself from his work for
a period o f two days, unless through sickness or by first having noti
fied the mine manager and obtained his consent, he may be discharged.
Twenty-first, (a) Except at the basing point, Danville, the differen
tial fo r machine mining throughout the State o f Illinois shall be 7
cents per ton less than the pick-mining rate. It being understood and
agreed that the machine-mining rate shall include the snubbing o f coal
either by powder or wedge and sledge, as conditions may warrant,
where chain machine is used; but it is understood that this condition
shall not only apply where two men have and work in one place only
in the same shift, except at the option o f the miner; and it shall also
be optional with the miner which system o f snubbing shall be fol
lowed. The division o f the machine-mining rate shall be fixed in joint
subdistrict meetings.
(b) The established rates on shearing machines and air or electric
drills as now existing shall remain unchanged during the ensuing
year.
Twenty-second. A ny underground employee not on hand so as to go
down to his work before the hour for commencing work, shall not be
entitled to go below, except at the convenience o f the company.
W hen an employee is sick or injured, he shall be given a cage at once.
W hen a cage load o f men comes to the bottom o f the shaft who have
been prevented from working by reason o f falls or other things over
which they have no control they shall be given a cage at once. F or
the accommodation o f individual employees less than a cage load, who
have been prevented from working as above, a cage shall be run mid
forenoon, noon, and midafternoon o f each working day: P rovided,
however, That the foregoing shall not be permitted to enable men to
leave their work fo r other than the reasons stated above.
Twenty-third. This contract is in no case to be set aside because
o f any rules o f the United Mine W orkers o f America now in force or
which may hereafter be adopted; nor is this contract to be set aside
by reason o f any provision in their national, State, or local consti
tutions.
Twenty-fourth. A ll classes o f day labor are to work full eight
hours, and the going to and coming from the respective working
places is to be done on the day hand’s own time. A ll company men
shall perform whatever day labor the foreman may direct. An eighthour day means eight hours’ work in the mines at the usual working
places, exclusive o f noon time, for all classes o f inside day labor.
This shall be exclusive o f the time required in reaching such working
places in the morning and departing from same at night.
REPORT Off ANTHRACITE COAL STRIKE
1227
Drivers shall take their mules to and from the stables, and the time
required in so doing shall not include any part o f the day’s labor;
their time beginning when they reach the change at which they receive
empty cars— that is, the parting drivers at the shaft bottom, and the
inside drivers at the parting— and ending at the same places; but in
no case shall a driver’s time be docked while he is in waiting for such
cars at the points named. The inside drivers, at their option, may
either walk to and from their parting or take with them, without com
pensation, either loaded or empty cars, to enable them to ride. This
provision, however, shall not prevent the inside drivers from bringing
to and taking from the bottom regular trips, if so directed by the
operator, provided such work is done within the eight hours.
The methods at present existing covering the harnessing, unharness
ing, feeding, and caring for the mules shall be continued throughout
the scale year beginning A pril 1, 1902; but in cases where any griev
ances exist in respect to same, they shall be referred to the subdistrict
meetings for adjustment.
When the stables at which the mules are kept are located on the
surface and the mules are taken in and out o f the mines daily by the
drivers, the question o f additional compensation therefor, if any, is to
be left to the subdistricts affected for adjustment, at their joint sub
district meetings.
Twenty-fifth. Mission Field scale is referred to Danville subdistrict
for adjustment.
Twenty-sixth. The company shall keep the mine in as dry condition
as practicable by keeping the water off the roads and out o f the w ork
ing places.
Twenty-seventh. The operator shall keep sufficient blankets, oil,
bandages, etc., and provide suitable ambulance or conveyances at all
mines to properly convey injured persons to their homes after an
accident.
Twenty-eighth. The operator shall see that an equal turn is offered
each miner, and that he be given a fair chance to obtain the same.
The check weighman shall keep a turn bulletin for the turn keeper’s
guidance. The drivers shall be subject to whomever the mine mana
ger shall designate as turn keeper, in pursuance hereof.
In mines where there is both hand and machine mining, an equal
turn shall mean approximately the same turn to each man in the
machine part o f the mine and approximately the same turn to each
man doing hand work; but not necessarily the same to each hand miner
as to each working with the machines.
Twenty-ninth. There shall be no demands made locally that are not
specifically set forth in this agreement, except as agreed to in joint
subdistrict meetings held prior to May 1,1902. W here no subdistricts
1228
BULLETIN OP THE DEPARTMENT OP LABOR.
exist, local grievances shall be referred to the United Mine W orkers’
State executive board and the mine owners interested.
T he U nited M ine W orkers of A merica, D istrict No. 12.
W . ft. Russell, President.
T. J. Reynolds, Vice-President.
W . D. Ryan , Secretary-Treasurer.
T he I llinois Coal Operators’ A ssociation.
O. L . G arrison, President.
E. T. Bent, Secretary.
Peoria, March, 13,1902.
I attest that this is a correct copy o f the joint State agreement o f
coal miners and coal-mine operators o f Illinois fo r the year ending
March 81,1908.
H erman J usti, Commissioner.
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
[It is the purpose of this Department to publish from time to time important
agreements made between large bodies of employers and employees with regard to
wages, hours of labor, etc. The Department would be pleased to receive copies of
such agreements whenever made.]
TYPESETTIN G .
Agreem ent between Chicago Typothetae and Chicago Typographical
Union, N o. 16.
F or the purpose o f establishing a just and uniform scale o f wages
fo r the members o f the Chicago Typographical Union, No. 16, to devise
a means fo r the settlement o f controversies between the members o f
said union and their employers, and to insure to the employers a set
tled rate o f wages fo r a certain period o f time, and also m order that
strikes and lock-outs may in the future be avoided, this agreement, by
and between the Chicago Typothetae and the Chicago Typographical
Union, No. 16, both o f the city o f Chicago, in the county o f Cook and
State o f Illinois, is made and entered into on this 3d day o f June, 1902.
It is understood that the said Chicago Typographical Union, No. 16
is an association o f employees, and that said Chicago Typothetae is
composed o f various firms and corporations, and that all o f said mem
bers o f said Typothetae as shall sign this agreement bind themselves
to pay to their employees wages according to the schedule herein set
forth, and to conform to all the terms and conditions o f this agree
ment; and that should any other firm or corporation not signing this
agreement become a member o f said Typothetae hereafter and shall
sign this agreement, such firm or corporation shall become equally
bound to pay said scale o f wages and conform to all o f the terms o f
this agreement; and that should any other firm or corporatian not a
member o f said Typothetae sign this agreement, such firm or corpora
tion shall become equally bound to pay said scale o f wages and to con
form to all the conditions o f this agreement.
The said Typothetae, fo r and on behalf o f said firms and corpora
tions, covenants and agrees to and with said union, and to and with
each member thereof, that the following is and shall be the schedule
o f wages in force and to be paid to the members o f said union while
in the employ o f the members o f said Typothetae signing this
agreement, or any other o f the firms and corporations signing this
agreement.
A ll firms signing this agreement hereby bind themselves to employ
none but members o f the Chicago Typographical Union, No. 16 in
departments covered by this scale o f wages during the term o f this
contract, provided the union is able, upon call, to furnish a competent
workman.
1229
1230
BULLETIN OF THE DEPARTMENT OF LABOR.
SCALE.
On and after the 1st day of July, A. D. 1902, the following shall
be the scale o f wages:
Hand compositors and proof readers, week of fifty-four hours............................$19.50
Hand compositors and proof readers, night work, week o f 48 h ou rs.............. 20.70
Mergenthaler operators, week of forty-eight hours............................................... 24.00
Meigenthaler operators, night work, week of forty-eight h ou rs........................ 26.40
Lanston operators and casters, week of fifty-four hours..................................... 21.00
Lanston operators and casters, night work, week of forty-eight hours.............. 22.00
Operators and justifiers on the Empire, Thorne, Simplex, and similar ma
chines, week of fifty-four hours...................... 1.................................................... 20.50
Operators and justifiers on the Empire, Thorne, Simplex, and similar ma
chines, night work, week of forty-eight hours................................................. 21.50
Piece composition, hand, per thousand..................................- ........................................42
Mergenthaler, sizes, not exceeding brevier, day work, per thousand......................... 12
Mergenthaler, sizes, not exceeding brevier, night work, per thousand......................14
Mergenthaler, larger than brevier, day work, per thousand....................................... 15
Mergenthaler, larger than brevier, night work, per thousand..................................... 17
OVERTIME ( h a n d w o r k ) .
For composition during noon intermission and after day’ s work is completed
(the day to close not later than 6 o ’ clock p. m .), until 10 o ’ clock p. m.,
per hour.......................................................................................................................
From 10 o ’ clock p. m. to 7 o ’ clock a. m ., per h o u r .............................................
After completion of week’ s work until 7 o ’ clock Sunday morning, per h o u r .
W ork done on Sundays and recognized holidays, per hour................................
.55
.65
.65
.72
OVERTIME (MACHINE WORK) .
All overtime on machines to be paid at the rate of one and one-half times the reg
ular scale.
A ll work performed on Sundays and recognized holidays to be paid at the rate of
twice the regular scale.
A ll other special prices for overtime and special scales for extra
price bookw ork to be the same as in the pamphlets entitled “ Job and
Book Scale o f Prices,” in effect November 21,1899, and ‘ ‘Auxiliary and
Job Scale o f Prices fo r Linotype Machines,” in effect September 19,
1898, published by the Chicago Typographical Union, No. 16, and
marked Exhibits A and B, respectively, which are hereby made a part
o f this contract, except those parts thereof that conflict with the pro
visions o f this agreement.
APPRENTICESHIP.
The employers agree to continue to operate under the present law
o f the Typographical Union in regard to apprentices until such time
as the entire question o f apprentices shall be arbitrated in accordance
with the provisions o f arbitration in this agreement.
ARBITRATION.
Should any difference arise between any member or members of
said Typothetse and any member or members o f said union, either in
regard to shop practice or in regard to the interpretation o f this scale,
or any special scale that may arise during the life o f this contract,
then such difference shall without delay be brought to the attention o f
the officers o f the parties hereto, to be submitted to arbitration in the
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1231
manner hereinafter set forth. Pending the settlement of any differ
ences as aforesaid, this agreement shall in every respect continue in
force and the members o f said union shall continue m their employ
ment. Should differences or disputes arise in reference to the terms
o f such settlement, or as to whether the same have been complied
with, such differences or disputes shall be left to the arbitrators who
arrived at such settlement, and their decision shall be final and binding
upon all parties.
MANNER OF ARBITRATION.
When any disputes or differences shall be referred to arbitration as
hereinbefore mentioned, such arbitration shall be conducted in the
follow ing manner:
W hen such differences or disputes shall have been called to the
attention o f the officers o f either o f the parties hereto, said officers
shall communicate in writing with the officers o f the other party,
stating the matter in controversy and asking for the appointment o f
arbitrators. The officers o f each o f the parties hereto shall within
forty-eight hours after the receipt o f such notification appoint two
persons to act as arbitrators. Such arbitrators to be selected from
employers who are party to this agreement and from the members of
said union who are employed in book and job offices. Such four per
sons shall within forty-eight hours o f the time o f their appointment
meet and arrange for a hearing o f the matters in dispute. Such arbi
trators shall be known as the arbitration committee. Said committee
shall, within four days after it has been formed as aforesaid, meet at
the time and place arranged at its first meeting, which place shall be
conveniently located, and shall proceed to take testimony and hear
evidence and may listen to arguments concerning the matter in con
troversy. Said committee shall fully inform themselves as to the
matter in controversy, and shall immediately at the conclusion o f such
hearing and arguments render a decision as to the merits o f the con
troversy and shall provide a means for its settlement. A decision of
a majority o f the committee shall be final and conclusive upon all
parties concerned.
In case such arbitrators shall be equally divided upon any question,
a fifth person shall be chosen by them to act as umpire. Such person
shall not be a member o f any labor organization, an employer of
skilled or mechanical labor, or a holder o f any political office or a
candidate for the same, when chosen, nor shall he be a member or
employee o f any firm or corporation belonging to said Typothetae, or
which is engaged in a kindred trade. Said umpire shall have the
privilege and it shall be his duty to cast the deciding vote in case o f a
tie as aforesaid, and the decision o f a majority o f said four arbitrators
and said umpire shall in like manner be final and conclusive upon all
parties concerned.
It is understood that said arbitration committee shall not constitute
a standing committee, but that it shall be formed only as differences
may arise.
The final decision and result o f such arbitration, determining the
matters in controversy which shall have been submitted to said com
mittee, shall without delay be reduced to writing, and shall be signed
by the members o f said committee or by a majority thereof. Such
writing so signed shall be executed in duplicate, and one duplicate
1232
BULLETIN OF THE DEPARTMENT OF LABOR.
thereof shall be delivered, as soon as possible after such decision shall
have beeft rendered, to the secretary o f each o f the parties hereto;
and such decision and decree shall be in force from and after such
delivery, or as soon thereafter as shall be determined by said committee.
STRIKES.
No strike shall be engaged in by said union or any members thereof,
except a strike in sympathy with the Pressmen’s Union No. 3, or the
Franklin Union No. 4, or the Bookbinders’ Union, and then only after
said Typothetse, or the member or members thereof against whom said
proposed strike is directed, shall have first been given thirty days’
written notice by the officers o f said union o f the intention to engage
in such strike. If, however, the Typothetae or employers signing this
agreement shall make a similar contract with the Pressmen’s Union
No. 3, Franklin Union No. 4, and Bookbinders’ Union, in which these
unions agree not to engage in any sympathetic strike, the Typograph
ical Union No. 16 will make the same agreement.
It is understood that this agreement shall be amended so as to con
form in the matter o f sympathetic strikes to future agreements that
may be made between kindred organizations mentioned above and the
Chicago Typothetse.
A ny employer signing this agreement having altercations with the
Mailers’ Union, Photoengravers’ Union, Stereotypers’ Union, Newswriters’ Union, or the Type Founders’ Union, also agrees to refer
such altercations to arbitration in the same manner as if the altercation
was with the members o f the Typographical Union No. 16.
TIME OF CONTRACT.
This agreement and scale o f wages to remain in force until July 1,
1905.
This agreement is understood as not to act as a bar to Chicago Typoraphical Union, No. 16, participating m a movement for shorter workay, providing such movement is agreed to by the United Typothetae
o f America and the International Typographical Union.
f
ITALIAN BUREAU OF LABOR STATISTICS.
By its law o f June 29, 1902, Italy joined the ranks o f European
nations haying bureaus o f labor, the office being placed under the
minister o f agriculture, industry, and commerce. The bureau is
charged with the collection and publication o f information relative to
labor in Italy and in those foreign countries toward which Italian emi
gration is chiefly directed. This will include the consideration o f the
state and development o f national production; the organization and
remuneration o f labor and its relations with capital; number and
condition o f working people, with facts relative to unemployment;
strikes; accidents to workingmen; the working o f labor laws, and the
comparative condition o f labor in Italy and abroad. Attention to
social legislation o f foreign countries and the working o f social insti
tutions is also a part o f the duty o f the new bureau, as well as the
introduction o f approved reforms into the laws o f Italy. Special
investigations may be ordered by the minister or by the superior
council o f labor.
The superior council o f labor is established by the same law, and
consists o f 43 members. A t its head is the minister o f agriculture,
industry, and commerce, or, in his absence, the under secretary o f
state. Seven members are heads o f Government departments. Three
senators, 3 deputies, 4 representatives o f the chambers o f commerce
and 4 o f the agricultural interests, 3 each from the federation o f
mutual relief associations and the national league o f Italian coopera
tive associations, and 2 from the associations o f people’s banks are
chosen by the bodies or classes which they represent. The remaining
14 members are appointed b y the King, on the nomination o f the
minister o f agriculture, industry, and commerce, 2 to be economists
or statisticians; 5 producers or operating managers, agricultural,
manufacturing, or commercial; 2 workmen or foremen among the
mine workers o f Sicily and Sardinia; 1 from among harbor workmen
and seamen, and 4 from the peasant and laboring classes. The term
o f the legislative representatives is the same as the legislature; that o f
the other members is three years, one-third retiring each year.
The duties o f this council are to examine questions concerning
the relations o f employers and workmen, to propose measures for
bettering the condition o f the working people, to suggest lines o f
3833
1234
BULLETIN OF THE DEPARTMENT OF LABOR.
inquiry and investigation to the bureau, to pass upon proposed legisla
tion, and to advise the minister on all subjects submitted by him to its
consideration.
Members o f the council not residing in Rome are reimbursed for
traveling and hotel expenses at a fixed rate.
A permanent commission o f nine is chosen by the council from among
its members, to which certain powers o f coordination and advice are
given.
Local authorities, corporate bodies, agricultural, manufacturing,
commercial, and workingmen’s associations, as well as the local labor
offices, are required, under penalty, to furnish to the bureau of labor
such information as it may require for the carrying out o f its pur
poses. The information thus obtained and other matters o f interest
will be presented in monthly bulletins and in special publications to be
distributed at cost. Labor organizations requesting will receive these
publications gratis.
This law went into effect July 1, 1902.
REGENT REPORTS OF STATE BUREAUS OF LABOR STATISTICS
M ASSACH USETTS.
1 kirtieth Annual R eport o f the Massachusetts Bureau o f Statistics o f
Labor. March, 1900. Horace G. Wadlin, Chief, xxi, 247 pp.
The two divisions o f this volume contain a report on changes in con
ducting retail trade in Boston since 1874, and a labor chronology.
Changes in Conducting Retail T rade in Boston since 1874.—
This is a study o f the growth o f the department store and its relations
to the retail trade. A distinction between department stores and stores
with departments is carried through the report, the basis being that
in the department store proper a great variety of articles having no
generic relation with one another are sold in the same establishment,
while stores with departments confine themselves to lines which are
legitimately connected with or grow out o f each other, the division
into departments being not for the purpose o f adding different lines of
stock, but merely as a matter o f conveniently subdividing a growing
business.
In 1898 there were 10 department stores and 9 stores with depart
ments in the city o f Boston. O f the latter, the first one was established
in 1852, the first department store dating from 1855. Five o f the
department stores had their beginning in the period 1893 to 1898, so
that the system may be fairly said to be o f recent growth and increas
ing use. But 2 stores with departments were established as late as 1893.
In department stores the number o f departments ranges from 9 to
70 per store, the average being 29.8. In stores with departments
there are from 2 to 21 departments in each, the average being 13.2.
The amount o f business done by the different classes o f stores is not
given; but the following table, showing the number o f departments in
the two classes o f stores and the number o f separate retail stores
devoted to the specified lines o f trade, is suggestive o f the extent to
which the later form o f business management has come into use.
1235
1236
BULLETIN OF THE DEPARTMENT OF LABOR.
COMPARISON OP DEPARTMENTS AND SEPARATE RETAIL STORES, BOSTON, 1898.
I
2*
3’
i
Classification of departments and stores.
Separate retail
Total
Departments.
stores.
depart
ments
and
separate
retail Number. Per cent. Number. Percent.
stores.
98.80
95.25
79.49
82.35
80.65
85.45
97.35
85.71
99.70
90.63
91.81
42.86
75.86
33.33
95.71
85.71
95.65
80.00
34.16
82.35
90.48
83.33
56.67
84.09
21.30
T otal.........................................................................
a 4,331
« 384
8.77
3,947
91.13
i
328
321
31
42
225
94
184
30
1,659
87
157
9
22
15
201
96
242
20
14
14
76
3
17
37
23
§
1.20
4.75
20.51
17.65
19.35
14.55
2.65
14.29
.30
9.37
8.19
57.14
24.14
66.67
4.29
14.29
4.35
20.00
65.85
17.65
9.52
66.67
43.33
15.91
78.70
1
4
16
8
9
54
16
5
5
5
9
14
12
7
30
9
16
11
5
27
3
8
6
13
7
85
i
Women’s clothing and furnishing goods..................
332
337
39
51
279
110
189
35
1,664
96
171
21
29
45
210
112
253
25
41
17
84
9
30
44
108
Boots and shoes. .7 ..............................1..........................
Carpets................................................................................
China, glass, and earthenware.....................................
Dry goods...........................................................................
Fancy goods.......................................................................
Furniture...........................................................................
Glassware...........................................................................
Groceries.............................................................................
Hats, caps, and furs.........................................................
Jewelry, watches, and plate..........................................
Kid gloves................................................•..........................
Kitchen furnishing goods..............................................
Laces, embroideries, etc.................................................
M en's and boys’ clothing...............................................
Men’s furnishing good s.................................................
M illinery.............................................................................
M u sic....................................................... ..........................
Small w ares.......................................................................
Sporting goods..................................................................
Stationery...........................................................................
Toys......................................................................................
Trunks, bags, and valises..............................................
a This total does not include 33 departments not classified.
The number o f retail stores o f all kinds in Boston was greater in
comparison with the population in the year 1875 than has been the
case since, there haying been then one store to every 125 o f popula
tion. In 1890 the ratio was one to 149 o f population, and in 1895 one
to 142.
O f the 4,169 employees in 1898 in department stores, 2,114, or 50.71
per cent, had been previously employed in separate retail stores; and
o f 417 heads o f departments, 48 had been proprietors o f such stores
before filling their present positions. O f the remainder, 847 had not
been so employed and 22 did not answer the question.
Besides the statistical matter certain phases o f the subject under
discussion are dwelt upon at some length, chiefly by the publication
o f communications from business men and other qualified observers.
NORTH C A R O LIN A .
F ifteen th Annual R eport o f the Bureau o f Labor a/nd P rin tin g o f the
State o f N orth Carolina, f o r the year 1901. H. B. Varner, Commis
sioner. viii, 524 p p .; appendix, iv, 136 pp.
The eight chapters o f this report treat o f the following subjects:
Agriculture, 105 pages; miscellaneous factories, 81 pages; cotton and
woolen mills, 40 pages; condition o f trades, 97 pages; newspapers,
63 pages; organized labor, 46 pages; railroad employees, 7 pages, and
technical education, 27 pages. In connection with a number o f these
REPORTS OF STATE BUREAUS OF LABOR— NORTH CAROLINA.
1237
subjects letters are published expressing the views of the corre
spondents o f the bureau on matters o f interest to labor, including
labor laws, compulsory education, etc. A short article on the growth
o f manufactures in North Carolina is given, also a directory o f the
manufacturing enterprises o f the State, tables showing the legal age
for the employment o f children in the various States and countries,
directories, etc., o f bureaus o f labor in the United States, and an
appendix presenting statistics fo r the State, furnished by the United
States Census Bureau.
A griculture.—Returns were secured by correspondence with rep
resentative farmers in every county o f the State. The scope o f the
inquiry is indicated by the following summary: Value o f land has
increased an average o f 12.33 per cent in 21 counties; in 76 counties,
no change; 47 counties report a tendency toward smaller farms; 9
toward larger farms, and 21, no change. M ode o f living has improved
in 90 counties, and cost o f living has increased in 63 counties. In 96
counties Negro labor is reported as unreliable; 1 reports no Negro
labor. Monthly wages o f farm laborers are for men from $9.65 to
$15.62; for women, $6.36 to $9.78; for children, an average o f $5.39.
Increase in wages is reported in 46 counties; in 51, no change. The
wages given show an increase o f nearly 20 per cent over 1900. Cost
o f producing cotton is $26.80 per 500-pound bale in 67 counties; 86
counties produce wheat at an average cost o f $0.61 per bushel; 96
produce corn at a cost o f $0.43; 94 raise oats at a cost o f $0.31, and
54 counties raise tobacco at a cost o f $6.49 per hundred pounds. The
market price o f cotton averages $0.08 per pound; of wheat, $0.80 per
bushel; corn, $0.71; oats, $0.43, and tobacco, $8.30 per hundred
pounds. Eighty-three per cent o f the farmers reporting favor a
compulsory education law.
M iscellaneous F actories.— Tables are presented showing con
ditions in 331 factories, exclusive o f tobacco factories and textile
mills. Capital stock, horsepower, days in operation, hours o f labor,
wages, number o f employees by age and sex, etc., are shown for the
various establishments, and inquiry is made as to child labor and
compulsory education. The number o f employees reported is 12,002,
o f whom 422 are under 14 years o f age. Ten and one-half hours is
the average length o f a day’s work, and $2.08 the highest and $0.58
the lowest average daily wages reported. Wages are paid weekly in
56 per cent o f the establishments, semimonthly in 18 per cent,
monthly in 19 per cent, bimonthly in 1 per cent, daily in 1 per cent,
on demand in 2 per cent, and 3 per cent make no report. Sixtythree per cent oppose the employment o f children under 14 }rears o f
age, 11 per cent favor it, and 26 per cent express no opinion. Com
pulsory education is favored by 80 per cent, opposed by 12 per cent,
and 8 per cent express no opinion. Sixteen tobacco factories work from
eight to twelve hours daily. Wages paid men are as low as $0.25 per
1238
BULLETIN OF THE DEPARTMENT OF LABOR.
day in a plug tobacco factory, and as high as $5 in a cigar factory.
W om en receive from $0.25 to $1 per day, and children from $0.20 to
$0.60. The number o f employees per factory ranges from 2 in a cigar
factory to 3,000 in one producing plug, twist, and smoking tobacco.
In this large establishment 73 per cent o f the employees are colored.
But 5 o f the 16 proprietors express themselves as in favor o f p ro
hibiting the employment o f children under 11; 11 favor compulsory
education.
Cotton and W oolen M ills.— This report ends with June 30,
1901, and covers 276 mills, operating 1,680,202 spindles, 36,052 looms,
and 3,905 machines, using in all 75,202 horsepower. O f these mills
218 are for cotton, 13 fo r woolen, and 45 fo r various textile work.
Since the date named, and before the issuing o f the report, 9 new
mills were completed, or their construction begun, giving the State
285 mills.
The number o f employees is 45,044, o f whom 18,171
are males, 18,877 females, and 7,996 children under 14 years of age—
3,857 boys and 4,139 girls. O f the adults 82 per cent can read and
write; o f the children, 66 per cent. Hours o f labor range from 10 to
12.5 per day. W ages o f engineers average $1.58; o f firemen, $0.88.
F or operatives the highest average wages are $2.28 for men and $1.10
for women; the lowest average is $0.36 fo r men and $0.28 fo r women;
children average $0.29 per day.
T rades.— The facts presented in this chapter were secured from
representative men in the different trades throughout the State and
relate to the condition o f labor in its various branches. About 360
returns were received. O f these 21 per cent report increase o f wages,
12 per cent a decrease, 65 per cent no change, and 2 per cent make
no report. Seventy-three per cent report an increase in cost o f living,
1 per cent a decrease, 24 per cent no change, and 2 per cent make no
report.
O rganized L abor.— Under this head are a directory o f 92 labor
organizations in the State, an article on the subject by Samuel Gompers,
and a number o f letters from officers o f unions.
Railroad E mployees.— The number o f railroad employees in the
State is reported at 19,569, exclusive o f officers and office employees.
The follow ing table gives number and average wages for the various
occupations:
OCCUPATIONS AND AVERAGE D AILY WAGES OF RAILROAD EMPLOYEES, 1901.
Occupations,
Station agents......... .................
Other station m en....................
Enginemen.................................
Firemen......................................
Conductors.................................
Other trainm en........................
M achinists.................................
Number,
Average
daily
wages.
835
1,738
799
931
551
1,358
487
$0.90
1.04
2.75
1.13
2.23
94
2.17
Occupations.
Carpenters.................................
Other shopm en........................
Section forem en......................
Other trackmen........................
Switch, flag, and watch m en.
Telegraph operators...............
Other employees......................
Number.
1,003
1,502
841
4,988
801
524
3,211
Average
daily
wages.
$1.49
1.09
1.32
.75
.89
1.42
.90
REPORTS OF STATE BUREAUS OF LABOR— NORTH CAROLINA.
1239
T echnical E ducation.— Under this head is given an account o f the
various institutions in the State that provide opportunities for technical
education, giving courses o f study, results obtained, expenses, etc.
OHIO.
Tw enty-fifth Annual R eport o f the Bureau o f Labor Statistics o f the
State o f Ohio, f o r the year 1901. M. D. Hatch ford, Commissioner.
843 pp.
The report presents the following subjects: Laws governing the
bureau, and recent Ohio laws and court decisions relating to labor, 27
pages; manufactures, 247 pages; coal mining, 59 pages; prison labor,
48 pages; working women, 303 pages; free public employment offices,
21 pages; list o f bureaus o f labor in the United States, 2 pages.
M anufactures.— Tables o f statistics are given showing the number
o f employees by occupations and sex; average daily wages and hours
o f labor; average yearly earnings for 1900; average number o f days
worked in 1899 and in 1900; the number o f persons employed each month
and the average number o f employees, by sex, for 1899 and for 1900;
total wages paid in 1899 and in 1900; the number and salaries o f office
employees; cost o f material and value o f product in 1899; the value
o f manufactured articles on hand January 1, 1900, and January 1,
1901, and the amount o f capital invested.
The tables show these statistics for each o f the five principal cities,
for the villages, and totals fo r the State.
The follow ing summary presents the principal data for the ten
principal industries and fo r all industries:
STATISTICS OF MANUFACTURES, 1900.
Industries.
Agricultural implements..
Boots and shoes..................
Carriages and wagons........
Clothing.................................
Flouring-mill products___
Foundries ana machine
shops...................................
Furniture.............................
Machinery...........................
Printing and binding........
Stoves, ranges, and fur
naces ...................................
All industries...........
Estab
Capital
lish
invested.
ments.
Stock
used.
Value of
product.
Wages
paid.
Employ Average
annual
ees.
earnings.
35
47
116
149
70
$9,294,850
4,978,169
5,741,879
7,805,943
3,317,643
$4,330,328 $11,263,188 $2,261,667
8,419,808 14,519,410 3,328,207
6,907,802 11,768,042 2,494,061
9,983,765 17,290,144 3,683,882
417,826
9,641,506 10,953,502
4,566
10,133
5,762
7,442
817
$495.33
328.45
432.85
495.01
511.42
123
83
155
129
16,955,349
5,529,406
34,476,855
11,570,374
8,574,268
2,739,411
15,331,709
3,327,347
14,169
4,590
19,954
5,745
477.56
405.07
516.69
441.31
52
4,380,257
2,727,842
17,847,974 6,766,579
6,576,190 1,859,288
38,304,912 10,309,955
7,737,635 2,535,315
6,024,662
2,007,077
3,890
515.96
2,520 269,763,468 179,859,096 340,501,257 73,627,885
164,709
447.02
Coal M ining.— Under this head is given a brief review o f the
development and present condition o f the industry, and also statistics
for the year 1900. The returns are separate for pick and machine
mining. In 620 pick mines 13,624 miners were employed, earning
9491— No. 43— 02------7 '
1240
BULLETIN OF THE DEPARTMENT OF LABOR.
$2.36 average daily wages. The average number o f days worked was
200. The 59 machine mines employed 6,846 miners an average of
221 days, the average daily wages being $2.40. In both classes of
mines a total o f 5,696 day laborers were employed, o f whom 3,434
were inside laborers, who worked 8 hours daily for an average of
208 days in the year. Average wages per day were $1.96. Outside
laborers, 2,262 in number, worked 8.2 hours per day for an average of
228 days per year, and received an average wage o f $1.87.
Prison L abor.— In this chapter are given a copy o f the “ Label
Law ” relating to convict-made goods, a report as to the observance
o f this law, decisions, correspondence, etc., relating to this and other
phases o f the laws relating to convict-made goods, and a statistical
report o f the amount o f such labor in the State, systems o f employ
ment, kinds and quantities o f goods manufactured, etc. There are
also extracts from the report o f the United States Industrial Commis
sion on this subject.
W orking W omen.— The matter presented under this head is the
result o f a special investigation made by female agents of the bureau
in the cities o f Cleveland, Columbus, and Cincinnati. Individual
returns are published, showing for 6,920 working women occupation,
nativity, age, weeks of employment, weeks of idleness by causes,
weekly wages and income, living expenses, number o f dependents,
and average weekly savings. Brief text reports are also given rela
tive to the conditions in the industries employing women. O f the
6,920 women interviewed, 5,944 were o f American nativity, the next
largest number being 422 Germans. The average age was 21.8 years,
1,750 being less than 18 years o f age, 3,454 between 18 and 25, and
1,716 over 25 years old. The average number o f weeks of employ
ment at present occupation was 40, and at other occupations 6.5.
W eekly hours o f labor averaged 57.5 and wages $4.83.
Expenses
per week were, fo r board and lodging, $2.44; for rent, light, and heat,
$0.17; for clothing, $1.25; and fo r other necessaries, $1.38; leaving
$0.14 as average weekly savings. The total number o f dependents
was 1,606.
F ree Public E mployment O ffices.— Brief text reports from the
superintendents o f each o f the five offices, tables-showing the work
done by each office from the date o f its organization, and reports of
the operations o f each office fo r each month o f the year 1901, with
totals fo r the year, are found under this head.
Twelve thousand six hundred and thirty-five males and 10,688
females applied fo r situations during the year, and 8,155 males and
8,682 females secured employment by the aid o f the offices. The
number o f applications for help wanted was, for males, 11,727; for
females, 16,547.
In Cleveland and Toledo the work o f securing positions for males
REPORTS OF STATE BUREAUS OF LABOR---- OHIO.
1241
was much more successful in 1901 than in the previous year, the num
ber for Cleveland being 298 in 1900 as against 2,108 in 1901. In
Toledo there were 970 positions secured in 1900 and 1,983 in 1901.
Applications fo r help wanted were but 312 in Cleveland in 1900,
while in 1901 there were 3,264 such requests; 1,196 and 3,230 are
the corresponding numbers for Toledo.
VIRG IN IA.
Fourth Annual R eport o f the Bureau o f Labor and Industrial Statis
tics f o r the State o f Virginia. 1901. James B. Doherty, Commis
sioner. 292 pp.
This report presents the follow ing subjects: Building trades,
including brickmaking, sash, blind, and door factories, and saw and
planing mills, 37 pages; railway employees, 38 pages; manufactures,
23 pages; public schools, 16 pages; property and taxation, 13 pages;
criminal statistics, 5 pages; prison labor, 41 pages; labor laws o f the
State, 20 pages; trade unions, 13 pages; proposed legislation, 7 pages;
decisions of courts and laws o f various States relating to labor, 79
pages.
Building T rades.— Returns were received from 99 general con
tractors and 146 subcontractors, whose business for the year amounted
to $2,907,314 and $1,274,865, respectively. The 99 general contractors
employed 794 white carpenters, at an average rate o f $2.26 per day,
and 46 colored carpenters, at $1.83; 173 white bricklayers, at $3.39,
and 204 colored helpers, including a few bricklayers, at $1.62; 27
plumbers and gas fitters, at $2.75; 34 tinners, at $2.38; 50 white plas
terers, at $2.79, and 10 colored plasterers, at $1.94; 39 white lathers,
at $2.16, and 26 colored, at $1.76; 44 stonecutters, at $3:46; 17 stone
masons, at $3.27; 53 painters, at $2.24; 8 paperhangers, at $2.50, and
706 laborers, at $1.13.
Hours o f labor ranged from 8 to 10 per day. Twenty-three casual
ties were reported, o f which 3 were fatal. No contractors reported
reduction of wages during the year, while 38 reported increases vary
ing in amount from 5 to 25 per cent. Subcontractors made reports on
the same points as above.
F or the allied industries, reported with building trades, the follow
ing statistics are given: Brickmaking, 15 establishments; value o f
product, $303,536; number o f employees, 560. Sash, blind, and door
factories, 12 establishments; capital invested, $192,120; value of
product, $505,117; employees, including office help, 295; amount paid
out in wages, $112,175. Saw and planing mills, 118 establishments;
value o f product, $2,413,635; number o f employees, 4,054; amount
paid out in wages, $689,619.
1242
BULLETIN OF THE DEPARTMENT OF LABOR.
R ailway E mployees.— Tables are given showing number and wages
o f employees on each road in the State fo r each year from 1896 to
1900, and accidents by causes fo r the same period.
The follow ing table shows the total number o f employees in each
class and average daily wages paid in 1900: also average wages fo r the
5 years 1896-1900:
RAILW AY EMPLOYEES IN 1900, AND AVERAGE WAGES, 1896-1900.
Num Average Average
daily
wages,
ber.
wages. 1896-1900.
Occupations.
General office clerks..
Station agents...............
Other station m e n ___
Enginemen...................
Firem en........................
Conductors...................
Other trainmen...........
Machinists....................
Carpenters....................
Other shopmen..........
789
1,074
2,700
1,235
1,303
805
2,044
815
1,726
4,279
$1.80
1.16
1.28
3.90
1.81
3.08
1.66
2.18
1.56
1.42
$1.97
1.40
1.33
3.90
1.89
2.99
1.69
2.17
1.63
1.39
Num Average Average
daily
wages
ber.
wages. 1896-1900.
Occupations.
Section foremen.........
Other trackmen.........
Switchmen and flag
men ...........................
Telegraph operators
and dispatchers___
Employees, floating
equipment...............
Other employees........
888
5,776
81.38
.91
$1.40
.97
1,141
1.28
1.30
1,036
1.57
1.61
315
2,330
1.45
1.55
1.40
1.51
M anufactures.— Returns were secured from certain industries of
the State, giving, fo r each establishment reporting, capital invested,
amount o f business done, amount paid out in wages, number o f days
worked, and number, daily wages, and hours o f labor o f each class o f
employees; also reports as to changes in wages.
The follow ing table summarizes the principal data:
STATISTICS OF MANUFACTURES, 1900.
Industries.
Tanneries..........................................................................
Saddles and harness........................................................
Canned goods...................................................................
Agricultural implements...............................................
Stoves..................................................................................
Trunks, bags, and satchels............................................
Carriages, wagons, and buggies...................................
a Not reported.
Num
ber of Capital
estab invested.
lish
ments.
21
37
27
6
3
3
13
\a)
$119,589
263,612
83,000
152,000
416,025
Value of
product.
Total
wages
paid.
$4,595,852
294,541
130,364
303,706
304,547
753,500
666,570
$324,049
4,541
23,422
101,228
86,104
157,875
125,200
Number
of
employ
ees.
900
108
328
5265
5211
5801
5421
5 Including office help.
P rison L abor.— This portion o f the report consists mainly o f extracts
from the report o f the United States Industrial Commission on this
subject.
T rade U nions.— Reports were received from 120 labor organiza
tions representing a membership o f 12,684, as against 123 unions
reporting 10,644 members in 1899.
The amount paid out fo r assistance by 114 organizations was
$34,079.24. W ages and hours o f labor o f members and brief remarks
by officers o f the union are given in the report.
REPORTS OF STATE BUREAUS OF LABOR— VIRGINIA.
1243
The following table gives name o f industry and number o f organiza
tions and members reported fo r each:
LABOR ORGANIZATIONS, 1900.
Occupations.
Locomotive engineers....................
Locomotive firemen........................
Railway conductors........................
Railway trainm en.........................
Railway telegraph operators.......
Machinists........................................
Boilermakers and iron shipbuild
ers.....................................................
Boilermakers’ helpers....................
Blacksmiths......................................
Iron m olders....................................
Carpenters and joiners..................
Bricklayers........................................
Plumbers and gas and steam fit
ters...................................................
Painters and paper hangers.........
Pipe fitters, sheet-iron workers,
and tinners....................................
Slate and tile roofers......................
Typographical unions....................
Cigar makers.....................................
Brewery workers.............................
Tailors...............................................
Num Num
ber of ber of
organi mem
zations. bers.
10
11
5
2
2
8
470
511
265
208
410
1,117
4
2
2
3
8
8
316
66
66
207
943
239
2
5
90
298
2
1
6
4
3
4
33
18
307
158
107
108
Occupations.
Garment workers............................
Tobacco workers............................
Glass-bottle blowers......................
Granite cutters...............................
Railway clerks.................................
Textile workers.............................
Retail clerks....................................
Shipwrights and boat builders ..
Planing-mill employees...............
Car builders....................................
Electric linemen.............................
Longshoremen.................................
Seamen..............................................
Street-railway laborers.................
Freight handlers...........................
Calkers..............................................
Coal handlers...................................
Blacksmiths’ helpers....................
Grain trimmers...............................
Hod carriers....................................
Motormen and conductors...........
Theatrical stage employees.........
Xi Federal ” (mixed) unions.........
Num Num
ber of ber of
organi mem
zations. bers.
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
1
1
1
1
2
160
56
77
68
81
74
15
5,500
35
132
75
29
10
5
15
120
STATISTICS OF MANUFACTURES IN MASSACHUSETTS: FOUR
TEENTH AND FIFTEENTH ANNUAL REPORTS.
The Annual Statistics o f M anufactures, 1899. Fourteenth Report,
xi, 168 pp. (Issued by the Bureau o f Statistics o f Labor, Horace
G. W adlin, Chief.)
The two parts o f this report present an industrial chronology, 71
pages, and statistics o f manufactures, 96 pages.
M anufactures.— Returns were secured from 4,74-0 identical estab
lishments, representing 88 industries, for the years 1898 and 1899, the
data including the number o f private firms and corporations and o f
partners and stockholders, capital invested, cost o f material, value o f
product; highest, lowest, and average number o f employees, and
aggregates b y months; wages paid, average yearly earnings, classified
weekly earnings in selected industries, and working time and propor
tion o f business done.
The follow ing table presents certain facts as to ownership:
FIRMS AND CORPORATIONS, PARTNERS AND STOCKHOLDERS IN 4,740 IDENTICAL
ESTABLISHMENTS, 1898 AND 1899.
Year.
1898...........................
1899............................
Number of establish
Indus ments controlled by—
trial
Corpo
Firms.
rations. combi
na
Corpo Combi
Firms. rations. na
tions.
tions.
3,510
3,445
1,155
1,157
14
23
3,526
3,461
1,182
1,188
32
91
Part
ners.
Aver
Stock
age
hold
part
ers. («) ners to
a firm.
5,514
5,352
46,352
43,819
1.57
1.55
Average
share
holders
to a
corpora
tion.^)
40.13
37.87
a Not including stockholders in industrial combinations.
From this table it appears that 2 new corporations and 9 industrial
combinations were formed to take up the business o f the 65 firms that
disappeared in 1899. These new organizations took over the control
o f 65 establishments, the corporations taking 6 and the combinations
59. The exclusion from the returns o f the stockholders in combina
tions makes it impossible to determine from this showing whether or
not there is a wider distribution o f capital holdings in the whole man
agement o f manufacturing interests. The smaller average number of
partners to a firm and o f stockholders to a corporation in the year
1899 suggests, however, a tendency toward enlargement o f holdings to
the exclusion o f the small investor.
1244
MANUFACTUKES IN MASSACHUSETTS,
1245
Below are given statistics fo r 88 classified industries, shown sepa
rately for 9 principal industries, for 79 other industries, and for all
industries for 1898 and 1899. In 1899 the 9 principal industries
represented 64.86 per cent o f the capital invested, 55.06 per cent o f
the stock used, and produced 55.49 per cent o f the goods made.
STATISTICS OF MANUFACTURES, 1898 AND 1899.
Capital invested.
Industries.
Boots and shoes......................
Carpetings.................................
Cotton goods...........................
Leather .....................................
Machines and machinery. . .
Metals and metallic goods ..
Paper..........................................
Woolen goods..........................
Worsted goods..........................
Other industries......................
T otal...............................
Estab
lish
ments.
1898.
1899.
Stock used.
Per
cent of
in
crease.
1898.
Per
cent of
in
crease.
688 $22,139,915 $26,728,316.
12
6,582,652
6,630,869
158 111,805,794 126,159,262
96
6,241,216
6,755,499
358 32,721,191 35,178,135
393 17,543,554 18,992,728
80 19,655,162 20,663,683
138 26,227,676 28,416,883
34 17,542,193 18,372,545
2,783 147,858,043 156,010,955
20.72 $67,017,570 $78,182,005
4,313,990
.73
3,639,475
12.84 46,769,141 50,092,441
8.24 14,673,592 18,381,998
9,467,633 13,441,050
7.51
8.26 10,930,871 15,581,749
5.13 11,090,241 11,763,291
8.35 18,752,309 19,491,202
4.73 15,752,486 19,402,627
5.51 159,667,569 188,280,014
16.66
18.53
7.11
25.27
41.97
42.55
6.07
3.94
23.17
17.92
4,740 408,317,396 443,908,875
8.72 357,760,887 418,930,367
17.10
Goods made and work done.
Industries.
1899.
Estab
lish
ments.
1898.
1899.
Per
cent of
in
crease.
Wages paid.
1898.
1899.
Per
cent of
in
crease.
Boots and shoes......................
Carpetings.................................
Cotton goods...........................
Leather .....................................
Machines and machinery. . .
Metals and metallic goods ..
Paper..........................................
Woolen goods..........................
Worsted goods..........................
Other industries......................
688 $107,103,875 $122,695,311
12
6,016,943
7,402,998
158 87,580,244 97,177,254
96 19,169,103 23,696,046
358 27,374,142 36,619,659
393 23 743,665 30,216,235
80 20,003,537 21,371,544
138 31,r0,882 34,221,089
34 25, bnrI, 035 32,428,873
2,783 285,003,103 325,586,833
14.56 $23,797,338 $26,286,669
1,431,921
23.04
1,702,290
10.96 26,116,007 29,371,656
23.62
2,482,430
2,713,878
9,582,762 11,968,298
33.77
6,822,620
7,815,634
27.26
6.84
3,783,139
3,947,134
7,085,432
7,200,777
9.79
5,442,321
26.79
4,778,279
14.24 52,469,253 57,966,724
10.46
18.88
12.47
9.32
24.89
14.55
4.33
1.63
13.90
10.48
T otal...............................
4,740 632,742,529 731,415,842
15.59 138,349,181 154,415,381
11.61
In each o f the particular industries shown, as well as in the totals, a
considerable increase appears for 1899 in respect o f each item pre
sented. Total cost o f stock used shows a larger per cent o f increase
than does total value o f product; the same is true o f 4 o f the 9 speci
fied industries presented. In but one industry shown in the t a b l e cotton goods— does the per cent o f increase o f wages come up to that
o f value o f product.
1246
BULLETIN OF M E
DEPARTMENT OF LABOR.
The follow ing table presents data as to employees, earnings, and
days in operation; the establishments considered are the same as in the
foregoing table:
AVERAGE NUMBER OP EMPLOYEES, AVERAGE YEARLY EARNINGS, AND AVERAGE
DAYS IN OPERATION IN 9 PRINCIPAL INDUSTRIES, OTHER INDUSTRIES, AND IN ALL
INDUSTRIES, 1898 AND 1899.
Average number of
employees.
Industries.
1898.
Boots and shoes....................
Carpetings.............................
Cotton goods..........................
Leather ...................................
Machines and machinery..
Metals and metallic goods .
Paper .......................................
Woolen goods........................
Worsted goods........................
Other industries....................
1899.
61,722 56,043
4,203
4,563
80,858 88,490
5,336
5,769
17,406 21,593
13,490 15,298
9,154
8,942
19,112 19,206
13,211 15,003
115,194 125,912
All industries............. 329,474 361,031
Per
cent of
in
crease.
Average yearly earn
ings.
1898.
1899.
8.35 $460.10 $469.04
8.57 340.69 373.06
9.44 322.99 331.92
8.11 465.22 470.42
24.05 550.54 554.27
13.40 505.75 510.89
2.37 423.08 431.19
.49 370.73 374.92
13.56 361.69 362.75
9.30 455.49 460.37
9.58
419.91
427.71
Per
cent of
in
crease.
Average days in opera
tion.
Per
cent of
in
crease.
1898.
1899.
1.94
9.50
2.76
1.11
.68
1.02
1.92
1.13
.29
1.07
287.39
223.08
293.01
290.30
287.84
282.17
281.48
282.33
261.96
287.22
290.69
274.67
302.06
297.37
299.12
292.78
288.45
286.31
298.62
291.07
1.15
23.13
3.09
2.44
3.92
3.76
2.48
1.41
13.99
1.34
1.86
286.27
294.14
2.75
Comparison between per cent o f increase in number o f employees
and per cent o f increase in wages paid shows a rough general agree
ment between these two items, suggesting that individual wages were
not raised, but that additional employees absorbed the enlarged wage
fund.
The carpet industry is a notable exception to this agreement, and
there is found to be a corresponding actual increase in average yearly
earnings. A further comparison shows, however, that this increase
in yearly earnings is due to an increase in working time, and that this
latter increase is represented in each separate item, except in the boot
and shoe industry, by a larger per cent than is found under average
yearly earnings, indicating an actual reduction in per diem earnings
in 1899. In carpetings, fo r instance, the 9.50 per cent increase in
annual earnings was secured by an added 23.13 per cent o f working
time, while in worsted goods an increase m annual earnings o f $1.06,
or 0.29 per cent is set over against an addition o f 36.66 days, or 13.99
per cent to the days in operation.
In 1899, for the first time, the bureau secured a division of em
ployees on the basis o f age as well as sex, giving adult males, adult
females, and young persons under 21. The returns are for the week
o f largest number o f employees in the various industries.
1247
MANUFACTURES IN MASSACHUSETTS.
The following table shows the number and per cent o f each group
earning indicated weekly wages. The last three columns show the
composition o f each wage class, the per cents adding across to 100, and
showing the proportion o f each class taken from the different groups.
CLASSIFIED W EEKLY EARNINGS IN 88 INDUSTRIES, BY AGE AND SEX, 1899.
Number of employees in each
wage class.
Weekly earnings.
Under $ 5 .............
$5 or under $6 . . .
$6 or under $7 .. .
$7 or under $8 . . .
88 or under 89 . . .
$9 or under 810 ..
810 or under 812 .
812 or under 815 .
815 or under 820 .
820 or over...........
9,608
9,438
18,038
23,409
24,009
34,349
38,624
43,690
33,580
10,620
Per cent of each wage
class taken from
the group of—
Young
per
sons Total.
Fe (under
male.
2i).
Young
Young
persons
Fe
Total. Males. males. per
(under
sons.
Male. Fe
21).
male.
18,722 31,181
17,490 13,633
21,038 8,954
16,479 4,092
12,335 1,390
8,342
864
472
6,196
3,212
133
22
969
127
1
3.92
3.84
7.35
9.54
9.78
14.00
15.74
17.81
13.69
4.33
Adults.
Male.
Per cent of employees in
each wage class.
59,511
40,561
48,030
43,980
37,734
43,555
45,292
47,035
34,571
10,748
Adults.
17.85
16.67
20.05
15.71
11.76
7.95
5.91
3.06
.92
.12
T otal......... 245,365 104,910 60,742 411,017 100.00 100.00
14.48
9.87
11.69
10.70
9.18
10.60
11.02
11.44
8.41
2.61
16.14
23.27
37.56
53.23
63.63
78.86
85.28
92.89
97.13
98.81
31.46
43.12
43.80
37.47
32.69
19.15
13.68
6.83
2.80
1.18
52.40
33.61
18.64
9.30
3.68
1.99
1.04
.28
.07
.01
100.00 100.00
69.70
25.52
14.78
51.33
22.44
14.74
6.74
2.29
1.42
.78
.22
.03
.01
This table shows that about one-seventh o f the wage-earners reported
earned less than $5 per week, and that this class includes more than
one-half o f the young persons, about one-sixth o f the adult females,
and less than one-twenty-fifth o f the adult males. It also appears that
rather more than one-half o f this class is made up o f young persons,
while the females compose about one-third and males about one-sixth
o f it. There is a larger per cent, 20.05, o f adult females in the class
“ $6 or under $7 ” than in any other; they also compose the largest
proportion, 43.80 per cent, o f that class. The rate “ $9 or under $10”
contains the largest number o f adult males o f any single dollar range,
while less than one fifth o f this class are adult females.
In the tables heretofore presented value o f goods made or work done
has included not only the added value resulting from the processes o f
the industry considered, but the original cost o f material as well. In
order to show the actual result o f the productive forces o f the industry,
the element o f cost o f material must be deducted from the total value
o f product; the remainder will show only the industry product, or the
new values created. This has been done in the case o f the nine leading
industries, and the amount o f industry product per $1,000 capital and
per employee has been computed, also the division o f industry product
between the wage fund and the fund devoted to other expenses, as
freights, insurance, interest, rent, commissions, salaries, etc., and to
profits, these last items being grouped as “ Profit and minor expenses. ”
1248
BULLETIN OF THE DEPARTMENT OF LABOR.
The results appear in the following table:
INDUSTRY PRODUCT, WAGES, AND PROFIT AND EXPENSES IN 9 SPECIFIED INDUS
TRIES, 1899.
Industry product.
Industry
product.
Industries.
Boots and shoes...................
Carpetings............................
Cotton goods........................
Leather .................................
Machines and machinery.
Metals and metallic goods.
Paper......................................
Woolen goods......................
Worsted goods......................
Wages.
Per cent of indus
try product—
Profit and
Devoted
minor ex
Per $1,000 Average Paid in to profit
pense fund.
and
per
em
of
wages. minor
capital.
ployee.
expenses.
$44,513,306 $26,286,669 $18,226,637 $1,665.40
465.85
1,702,290
1,386,718
3,089,008
373.22
47,084,813 29,371,656 17,713,157
2,600,170
786.63
2,713,878
5,314,048
23,178,609 11,968,298 11,210,311
658.89
7,815,634
770.53
6,818,852
14,634,486
464.98
3,947,134
9,608,253
5,661,119
14,729,887
7,529,110
518.35
7,200,777
5,442,321
709.01
13,026,246
7,583,925
$794.27
676.97
532.09
921.14
1,073.43
956.63
1,049.62
766.94
868.24
59.05
55.11
62.38
51.07
51.64
53.41
41.08
48.89
41.78
40.95
44.89
37.62
48.93
48.36
46.59
58.92
51.11
58.22
From this table it appears that o f the industries here shown the
boot and shoe industry requires the least capitalization to secure a
given value o f product and cotton goods the heaviest. The product
per employee is also least in the cotton industry, machines and
machinery standing first, with the paper industry a close second.
M ore than one-half o f the industry product is paid out in wages in 6
o f the 9 industries shown.
The Annual Statistics o f M anufactures, 1900. Fifteenth Report, x,
157 pp. (Issued by the Bureau o f Statistics of Labor, Horace G.
Wadlin, Chief.)
The matters presented in this report are: An industrial chronology,
60 pages; and statistics o f manufactures, 97 pages.
M anufactures.— Statistics are given for 4,645 identical establish
ments for the years 1899 and 1900, and include the number o f private
firms, corporations, and industrial combinations; number o f partners
in firms, and stockholders in corporations, by sex, etc.; capital invested;
cost o f material; value o f products; highest, lowest, and average num
ber o f employees, and aggregates, by months; wages paid; average
yearly earnings; classified weekly earnings in selected industries, by
age and sex; and working time and proportion o f business done.
Eighty-seven industries are represented.
The principal facts as to ownership appear in the follow ing table:
FIRMS, CORPORATIONS, AND INDUSTRIAL COMBINATIONS AND PARTNERS AND STOCK
HOLDERS IN 4,645 IDENTICAL ESTABLISHMENTS, 1899 AND 1900.
Number of establish
Indus ments controlled by—
trial
Firms. Corpo com
Com
rations. bina
Firms. Corpo bina
tions.
rations.
tions.
3,352
3,286
1,150
1,199
22
22
3,368
3,301
1,193
1,260
84
84
Average
Average share
Stock
Partners. holders, a partners holders to
to a
a corpo
firm.
ration, a
5,269
5,116
45,506
47,211
a Not including stockholders in industrial combinations.
1.57
1.56
39.57
39.38
1249
MANUFACTURES IN MASSACHUSETTS,
The fact o f principal interest in this table is the taking over o f 67
establishments from control by firms to control by corporations, 49
new corporations supplanting 66 firms in the rearrangement.
The number o f partners to a firm and o f shareholders to a corpora
tion is slightly smaller in 1900 than in 1899.
The following tables show statistics separately for 9 principal
industries, in aggregate for 78 other industries and totals for the 87
industries reported on, fo r the years 1899 and 1900:
STATISTICS OF MANUFACTURES, 1899 AND 1900.
Stock used.
Capital invested.
Industries.
Estab
lish
ments.
1899.
1900.
Per cent
of in
crease.
1899.
1900.
Percent
of in
crease.
673 $27,182,381 $26,716,110
Boots and shoes....................
12
6,612,557
6,546,465
Carpetings...............................
162 127,908,334 129,544,848
Cotton goods..........................
5,912,612
6,143,081
Leather...................................
90
358 38,758,110 40,813,722
Machines and machinery. .
374 17,583,868 17,676,413
Metals and metallic goods..
75 20,499,173 20,218,471
Paper........................................
140 27,252,551 24,673,165
Woolen goods........................
34 17,980,205 15,829,430
Worsted goods........................
Other industries.................... 2,727 159,019,469 168,523,543
a 1.72 $80,829,679 $80,966,554
4,744,696
4,187,029
«1.00
1.28 50,956,971 66,162,140
3.90 15,040,299 13,905,787
5.30 14,924,194 18,673,352
.53 14,945,612 15,297,738
a 1.37 11,302,055 12,486,281
a 9.46 18,424,789 21,898,179
a 11.96 19,549,806 19,377,717
5.98 189,140,674 201,712,011
0.17
13.32
29.84
a 7.54
25.12
2.36
10.48
18.85
а . 88
б. 65
4,645 448,709,260 456,685,248
1.78 419,301,108 455,224,455
8.57
T otal.............................
Goods made and work done.
Industries.
Estab
lish
ments.
1899.
1900.
Wages paid.
1899.
1900.
Percent
of in
crease.
$129,189,130
7,762,492
125,494,899
18,381,491
50,833,138
29,746,722
21,491,529
38,001,317
32,173,495
346,279,464
1.38 $27,648,530 $27,476,207
8.77
1,650,257
1,722,180
26.75 29,927,858 33,453,372
a 7.39
2,326,116
2,327,200
27.17 13,364,375 16,416,828
7,402,352
4.93
7,755,689
4.58
3,811,939
3,778,900
18.48
6,968,819
8,004,814
5,459,841
a 5.98
5,480,110
5.54 58,399,485 61,054,242
a 0.62
4,645 736,695,225 799,353,677
8.51 156,979,841 167,449,273
6.67
673 $127,427,884
Boots and shoes....................
7,136,878
Carpetings...............................
12
Cotton goods..........................
162 99,008,249
90 19,848,590
Leather...................................
Machines and machinery.. • 358 39,972,702
374 28,349,404
Metals and metallic goods..
75 20,550,518
Paper........................................
140 32,074,688
Woolen goods........................
34 34,220,442
Worsted goods........................
Other industries.................... 2,727 328,105,870
Total.............................
Percent
of in
crease.
4.36
11.78
.05
22.84
4.77
a . 87
14.87
a . 37
4.55
a Decrease.
In a number o f items shown in this table there is apparent a falling
off for the year 1900 as compared with the previous year, though the
totals in each instance show a gain. The per cent o f total increase is
least in the item “ Capital invested,” being but 1.78 per cent greater
than in 1899, while 5 o f the 9 specified industries show an actual
decrease.
Am ount o f stock used is also less in 2 industries, and value o f product
shows a decrease in the same industries. In 3 industries* there was a
falling off in amount o f wages paid.
Data as to employees, earnings, and days in operation are given in
the follow ing table. The establishments considered are the same as in
the table above.
1250
BULLETIN OF THE DEPARTMENT OF LABOR.
AVERAGE NUMBER OF EMPLOYEES, AVERAGE YEARLY EARNINGS, AND AVERAGE DAYS
IN OPERATION IN 9 PRINCIPAL INDUSTRIES, OTHER INDUSTRIES, AND IN ALL INDUS
TRIES, 1899 AND 1900.
Average number of
employees.
Per
cent of
in
crease.
Industries.
1899.
Boots and shoes....................
Carpetings...............................
Cotton goods..........................
Leather ...................................
Machines and machinery..
Metals and metallic goods..
Paper........................................
Woolen goods........................
Worsted goods........................
Other industries....................
1900.
58,860 59,288
4,609
4,510
90,184 92,625
4,980
4,827
24,484 29,623
14,639 15,155
8,927
8,906
18,443 19,912
14,974 14,534
127,117 131,462
All industries............... 367,118 380,941
Average yearly earn
ings.
1899.
1900.
Per
cent of
in
crease.
1899.
1900.
ol.3 4
2.12
8.84
3.22
1.53
1.21
а.
б. 39
2.64
1.09
291.24
273.38
301.98
297.61
300.18
291.98
285.59
63
284.20
297.52
291.29
284.55
299.69
298.98
296.60
292.28
289.43
274.36
292.92
274.31
288.71
o2.30
9.62
o.99
o.34
o2.63
o.87
o3.93
3.07
o7.80
o.89
294.15
290.43
o l.26
0.73 $469.73 $463.44
2.20 365.91 373.66
2.71 331.85 361.17
«3.07 467.09 482.12
20.99 545.84 554.19
3.52 505.66 511.76
o.24 427.01 424.31
7.97 377.86 402.01
o2.94 365.98 375.66
3.42 459.42 464.42
3.77
427.60
Average days in opera
tion.
439.57
2.80
Per
cent of
in
crease.
o Decrease.
This table shows that there was in 1900 a slight decrease in the
number o f days in operation, taking all reported industries together.
Average yearly earnings and number o f employees both show slight
increase, however, so that the year was, on the whole, not less favorable
to labor than in the previous year.
The 2 industries, “ Machines and machinery” and “ Cotton goods,”
which show the largest per cent of increase in value o f product both
show decrease in number o f days in operation, and in the case o f
“ Cotton good s” there is but slight increase in number o f employees.
In both these industries there was increase in total wages paid and in
average yearly earnings per employee.
The follow ing tables show the number and per cent o f employees
earning the indicated weekly wages. Employees are divided into 3
groups, adult males, adult females, and young persons o f both sexes
under 21 years o f age. The number o f employees given is the number
reported in each industry fo r the week showing the largest number o f
employees, and does not, therefore, agree with the number reported
in the preceding table.
NUMBER OF MALE AND FEMALE ADULTS AND OF YOUNG PERSONS IN 87 INDUSTRIES,
BY CLASSIFIED WEEKLY WAGES, 1899 AND 1900.
1899.
Adults.
Weekly wages.
Male.
1900.
Female.
Young
persons
(under
21).
Adults.
Total.
Male.
Female.
Young
persons
(under
21).
Total.
Under $5....................
$5 or under $6...........
$6 or under $7...........
$7 or under $8...........
$8 or under $9...........
$9 or under $10.........
$10 or under $12........
$12 or under $15........
$15 or under $20........
$20 or over.................
9,792
9,662
18,544
23,983
24,468
34,738
39,312
44,487
33,950
10,831
19,256
17,758
21,721
16,988
12,713
8,490
6,307
3,187
976
127
31,383
13,746
9,091
4,176
1,427
883
475
134
21
4
60,431
41,166
49,356
45,147
38,608
44,111
46,094
47,808
34,947
10,962
9,658
9,869
18,539
25,613
26.107
37,105
41,432
46,337
36.107
11,293
18,829
17,944
22,819
17,302
14,033
10,710
7,532
3,332
1,000
160
27,355
13,454
8,717
4,046
1,606
923
497
159
30
3
55,842
41,267
50,075
46,961
41,746
48,738
49,461
49,828
37,137
11,456
Total.................
249,767
107,523
61,340
418,630
262,060
113,661
56,790
432,511
1251
MANUFACTURES IN MASSACHUSETTS,
PER CENT OF MALE AND FEMALE ADULTS AND OF YOUNG PERSONS OF TOTAL NUMBER
EMPLOYED IN 87 INDUSTRIES, BY CLASSIFIED W EEKLY WAGES, 1899 AND 1900.
1899.
Adults.
Weekly wages.
Male.
Female.
1900.
Young
persons
(under
21).
Under $5....................
$5 or under #6...........
$6 or under #7...........
$7 or under $8...........
$8 or under $9...........
$9 or under $10.........
$10 or under $12........
$12 or under $15........
$15 or under $20........
$20 or over.................
3.92
3.87
7.42
9.60
9.80
13.91
15.74
17.81
13.59
4.34
17.91
16.51
20.20
15.80
11.82
7.90
5.87
2.96
.91
.12
51.16
22.41
14.82
6.81
2.33
1.44
.77
.22
.03
.01
Total.................
100.00
100.00
100.00
Adults.
. Total.
Male.
Female.
Young
persons
(under
21).
Total.
11.42
8.35
2.62
3.69
3.77
7.07
9.77
9.96
14.16
15.81
17.68
13.78
4.31
16.56
15.79
20.08
15.22
12.35
9.42
6.63
2.93
.88
.14
48.17
23.69
15.35
7.12
2.83
1.63
.87
.28
.05
.01
12.91
9.54
11.58
10.86
9.65
11.27
11.43
11.52
8.59
2.65
100.00
100.00
100.00
100.00
100.00
14.44
9.83
11.79
10.78
9.22
10.54
11.01
From the above tables it appears that while the total number of
employees was greater in 1900 than in 1899, there was a decrease in the
number o f young persons employed. O f the young people employed
in 1899, more than one-half, 51.16 per cent, earned less than $5 weekly,
while in 1900 but 48.17 per cent earned less than this amount, and in
every wage class o f young persons above $5, except in the one, “ $20 or
over,” the per cent was larger in 1900 than in 1899. F or adult males
the per cents fo r the three lowest wage classes are smaller in 1900 than
in 1899, and 5 o f the 7 remaining classes show correspondingly larger
per cents for the later year. Adult females show the same shifting o f
per cents, those fo r the 4 lowest wage classes being smaller in 1900
than in 1899, while 4 o f the remaining 6 are correspondingly greater.
The same conditions necessarily appear in the per cent columns for the
totals fo r the two years, the total number o f employees earning less
than $5 in 1900 being but little more than one-eighth the total employees,
while in 1899 the number was almost exactly one-seventh.
Data are furnished fo r a comparison o f the investments and opera
tions o f the three forms o f management, i. e ., private firms, corporations,
and industrial combinations. The statistics appear in the follow ing
table:
STATISTICS OF ESTABLISHMENTS CONTROLLED BY PRIVATE FIRMS, BY CORPORATIONS,
AND BY INDUSTRIAL COMBINATIONS, 1900.
Items.
Private
firms.
Corpora
tions.
Industrial
combi
nations.
Totals.
Number of establishments..............................................
3,301
1,260
84
4,645
71.06
Per cent of total establishments...........................
27.13
1.81
100.00
Capital invested................................................................ $95,850,027 $317,234,910 $43,600,311 $456,685,248
Per cent of total capital............................................
20.99
69.46
9.55
100.00
$29,037
$251,774
Average capital per establishment........................
$519,051
$98,318
Value of product................................................................ $247,118,611 $481,665,384 $70,569,682 $799,353,677
30.91
Per cent of total product..........................................
60.26
8.83
100.00
$74,862
$382,274
Average product per establishment......................
$840,115
$172,089
245,990
Average number of employees......................................
112,013
380,941
22,938
64.58
Per cent of total employees....................................
29.40
6.02
100.00
34
Average employees per establishment.................
195
82
273
Wages p a id ......................................................................... $52,513,347 $105,716,332 $9,219,594 $167,449,273
31.36
63.13
Per cent of total wages.............................................
6.51
100.00
$83,902
$15,908
Average wages paid per establishment...............
$109,757
$36,049
$468.81
$429.76
$401.94
$439 57
Average yearly earnings................................................
$1,958.07
$2,206.16
$3,076.54
$2,098.37
Average product per employee......................................
$1,518.32
$2,578.18
Average product per $1,000 capital...............................
$1,618.56
$1,750.34
1252
BULLETIN OF THE DEPARTMENT OF LABOR.
It will be seen from the above presentation that while private firms
control 71.06 per cent o f the establishments, their investment repre
sents but 20.99 per cent o f the total capital reported for the 87 indus
tries considered. Average capital, product, etc., per establishment
fo r those controlled by private firms and fo r those under the other
forms o f management show the latter establishments to be several
times larger. As to economy o f production the usual claim is not
altogether supported, the average product per $1,000 capital being
much greater under private-firm management than under the other
forms. The average product per employee, on the other hand, is
greatest for the establishments controlled by industrial combinations,
those under corporation control making the lowest return. Employees
o f private firms exceed in average yearly earnings the employees of
the other classes, those o f industrial combinations standing lowest.
Value o f product, as the term has been heretofore used, has included
not only the value o f the work in the industries reporting, but also that
original value which is represented by the cost o f material. This item
o f cost o f material has been deducted from the market value o f the pro
ductions o f the 9 principal industries, leaving a remainder which repre
sents the value actually added by the processes o f manufacture in
the industries making report. This remainder is termed the indus
try product, and a division o f the same is made showing the amount
paid in wages and the amount remaining fo r profits and the so-called
minor expenses, including freight, insurance, interest, salaries, com
missions, etc. The table follows:
INDUSTRY PRODUCT, WAGES, AND PROFIT AND EXPENSES IN 9 SPECIFIED INDUS. TRIES, 1900.
Industry product. Per cent of indus
try product—
Industry
product.
Industries.
Boots and shoes..................
Carpetings............................
Cotton goods........................
Leatner.................................
Machines and machinery.
Metals and metallic goods.
Paper......................................
Woolen goods......................
Worsted goods......................
Wages.
Profit and
Devoted
minor ex
Average
to profit
penses. Per $1,000 per em Paidin ana mi
ofcapital.
wages.
ployee.
nor ex
penses.
$48,222,576 $27,476,207 $20,746,369 $1,805.00
460.98
1,722,180
1,295,616
3,017,796
458.01
69,332,759 33,453,372 25,879,387
728.58
2,148,504
2,327,200
4,475,704
787.97
32,159,786 16,416,828 15,742,958
817.42
6,693,295
7,755,689
14,448,984
445.40
5,226,348
3,778,900
9,005,248
8,098,324
652.66
8,004,814
16,103,138
808.35
5,459,841
7,335,937
12,795,778
$813.36
654.76
640.57
927.22
1,085.64
953.41
1,011.14
808.72
880.40
56.98
57.07
56.38
52.00
51.05
53.68
41.96
49.71
42.67
43.02
42.93
43.62
48.00
48.95
46.32
58.04
50.29
57.33
The industry product per $1,000 o f capital is greatest in the boot
and shoe industry, being more than double that o f the next highest
industry and nearly four times as great as in carpetings, cotton goods,
and paper. This last-named industry stands second in industry prod
uct per employee, being surpassed by machines and machinery only.
In 6 o f the 9 industries here shown the wage fund receives more than
one-half the industry product.
STATE REPORTS ON BUILDING AND LOAN ASSOCIATIONS.
NEW YORK.
A nnual R eport o f the Superintendent o f Banks R elative to B uilding
and Loan and Cooperative Savings and Loan Associations, f o r the
year ending December 31, 1900. F. D. Kilburn, Superintendent of
Banks. 690 pp.
This report presents lists and statistics o f 14 building-lot associations
and 337 building and loan associations, together with an account of
certain legal questions that have assumed prominence during the year.
Some attention is given to the differences in methods and results o f
national and local associations, and to the workings o f associations
making use o f the divided or second-mortgage plan. The laws gov
erning these various classes o f associations are published, with recom
mendations as to additional legislation.
Detailed tables show assets and liabilities, receipts and disbursements,
plans, general condition, etc., o f each association for the year 1900.
The follow ing tables give the principal statistics in summary form.
O f the 337 associations considered, 44 are national and 293 local in
form o f organization.
ASSETS AND LIABILITIES OF 337 ASSOCIATIONS FOR THE YEAR 1900.
Items.
National.
Local.
Total.
ASSETS.
Loans on bonds and mortgages . . .......................................................... $13,669,234 $29,606,315
458,562
969,824
Loans on shares...........................................................................................
19,400
157
Stocks and bonds.........................................................................................
464,864
521,608
Contracts for the sale of real estate.......................................................
3,190,954
Real estate.................................................................................................... 7,244,743
406,589
1,575,981
Cash on hand and in bank.......................................................................
37,045
46,080
Furniture and fixtures..............................................................................
74,435
85,175
Installments due and unpaid.................................................................
169,950
156,780
Interest, premium, fees, and fines due and unpaid..........................
336,672
619,369
Other assets..................................................................................................
$43,275,549
1,428,386
19,557
986,472
10,435,697
1,982,570
83,125
159,610
326,730
956,041
36,499,754
59,653,737
Due shareholders, stock payments credited........................................ 11,140,473
1,330,001
Dividends credited.....................................................................................
Due shareholders, matured shares........................................................
58,681
Balance to be paid borrowers on mortgage loans___ *.....................
8,610,548
Mortgages assumed.....................................................................................
107,302
Borrowed m oney........................................................................................
Earnings undivided.......................................................... t ....................... 1,196,091
Ot.hpr liabilities...........................................................................................
710,887
28,748,364
4,192,450
189,221
156,046
339,361
384,789
1,775,767
413,756
39,888,837
5,522,451
489,221
214,727
8,949,909
492,091
2,971,858
1,124,643
T o ta l.................................................................................................... 23,153,983
36,499,754
59,653,737
T otal.................................................................................................... 23,153,983
LIABILITIES.
1253
1254
BULLETIN OF THE DEPARTMENT OF LABOR,
RECEIPTS AND DISBURSEMENTS OF 337 ASSOCIATIONS FOR THE YEAR 1900.
Items.
National.
Local.
Total.
RECEIPTS.
Cash on hand January 1,1900.................................
Stock payments credited to members...................
Deductions credited to expense or similar fund
Money borrowed.........................................................
Mortgages redeemed, foreclosed, or transferred.
Other loans redeemed................................................
Real estate s o ld ...........................................................
Fees received by associations and agents...........
Fines received..............................................................
Interest received.........................................................
Premium received.......................................................
Rent received..............................................................
Other receipts..............................................................
$496,048
3,389,784
234,161
480,628
3,233,908
394,461
914,217
55,914
27,738
893,720
486,247
237,609
3,374,931
$1,717,368
8,078,499
780
935,533
5,731,919
811,671
457,933
25,737
37,601
1,609,706
303,484
142,489
363,503
$2,213,416
11,468,283
234,941
1,416,161
8,965,827
1,206,132
1,372,150
81,651
65,339
2,503,426
789,731
380,098
3,738,434
T otal...................................................................
14,219,366
20,216,223
34,435,589
Loaned on mortgages.............................................. ...................... .
Loaned on other securities.......................................................................
Paid shares withdrawn and cash dividends........................................
Paid matured shares
. .........................................................................
Paid borrowed money and prior mortgages, principal and interest.
Paid for real estate......................................................................................
Paid salaries and clerk hire.....................................................................
Paid agents....................................................................................................
Paid advertising, printing, and postage................................................
Paid rent........................................................................................................
Paid repairs to real estate.........................................................................
Paid taxes, insurance, etc.........................................................................
Other disbursements..................................................................................
Cash on hand December 31,1900............................................................
3,606,618
434,431
3,691,827
226,637
1,442,493
2,159,012
333,344
151,238
62,265
45,372
206,357
97,348
1,355,835
406,589
5,273,099
873,716
8,244,460
1,898,344
1,050,196
592,002
187,262
1,672
27,698
33,547
64,727
104,508
289,011
1,575,981
8,879,717
1,308,147
11,936,287
2,124,981
2,492,689
2,751,014
520,606
152,910
89,963
78,919
271,084
201,856
1,644,846
1,982,570
T otal....................................................................................................
14,219,366
20,216,223
34,435,589
DISBURSEMENTS.
MISCELLANEOUS STATISTICS OF 337 ASSOCIATIONS FOR THE YEAR 1900.
Items.
Shares in force January 1,1900.............................
Shares issued during the year...............................
Shares withdrawn during the year......................
Shares in force December 31,1900........................
Borrowing members................................................
Shares held by borrowing members....................
Nonborrowing members........................................
Shares held by nonborrowing m em bers...........
Female shareholders (a )........................................
Shares held by females (a).....................................
Foreclosures in 1900.................................................
Amount of mortgages on property in the State
Operating expenses for the yea r..........................
National.
Local.
710,588
707,544
263,680
187,074
217,895
186,133
756,373
708,485
7,378
19,310
162,679
180,889
44,152
70,688
593,694
527,596
11,176
28,096
152,484
189,011
185
181
$10,920,214 $27,557,204
$686,978
$289,639
Total.
1,418,132
450,754
404,028
1,464,858
26,688
343,568
114,840
1,121,290
39,272
341,495
366
$38,477,418
$976,617
a Not including 29 associations not reporting.
Comparing the two classes o f associations in respect to a few o f the
above items, we find that national associations deducted from payments
made by their members the sum o f $234,161 for the maintenance o f
an expense or similar fund, while local associations deducted but $780
for this purpose. These amounts are 6.46 per cent and 0.01 per cent,
respectively, o f the amounts paid-in by stockholders.
The amounts collected from stockholders and credited to them as
stock payments were $3,389,784 for national, and $8,078,499 fo r local
associations. The operating expenses o f the two classes were $686,978
and $289,639, respectively. The operating expenses o f national asso
BUILDING AND LOAN ASSOCIATIONS---- NEW YORK.
1255
ciations were, therefore, 20.27 per cent o f the stock payments credited
to shareholders; the corresponding per cent for local associations is
3.59.
The principal items o f profit o f the associations are interest, pre
mium, and rent. The sum o f these items for national associations is
$1,617,576, and for the local organizations $2,055,679. These amounts
are 6.99 per cent and 5.63 per cent o f the total assets o f the respective
classes o f associations. W hile national associations thus show a some
what higher rate o f profit from these receipts, it will appear by com
paring operating expenses with the sum o f these items, that these
expenses are 42.47 per cent o f the profit receipts in the case o f
national associations, while in the case o f the local organizations the
operating expenses amount to but 14.09 per cent o f the same items.
9491— No. 43— 02----- 8
DIGEST OF RECENT FOREIGN STATISTICAL PUBLICATIONS.
BE LG IU M .
Les M oteurs Electrigues duns les Industries a D om icile: I E Industrie
Ilorlogere Suisse; I I L e Tissage de la Sole a L yon ; I I I D In d u strie
de la Rubanerie a St. Etienne. Rapport presente a M. le Ministre
de l’lndustrie et du Travail par MM. E. Dubois et A. Julin, 1902.
292 pp.
This report was made by P rof. Ernest Dubois, o f the University
o f Ghent, and M. Armand Julin, division chief o f the Belgian labor
bureau, who were appointed by the Belgian minister o f industry and
labor as a committee to make an investigation into the economic effects
o f the introduction o f the electric motor on domestic or cottage indus
tries. In the report an effort has been made, first, to present the
economic results o f the introduction o f the electric motor, and second,
to discover whether, in the domestic industries investigated, the intro
duction o f machinery moved by electric power tends to prevent or
retard the progress o f the concentration o f industry in factories.
The industries investigated were watchmaking in Switzerland, silk
weaving in Lyon, France, and ribbon weaving in St. Etienne, France.
T he W atchmaking I ndustry.— The report on the conditions in
the Swiss watchmaking industry gives an account of the growth and
organization o f the industry from its beginning in 1587 to the present
time. The making o f the watch was at first all done by one person,
then the usual course o f specialization followed. A series o f special
ized occupations first sprang up, and was later followed by a geo
graphical specialization, in which the workmen engaged in the making
o f each special part o f the watch congregated in certain localities.
The products o f these domestic workers were purchased by the mer
chant watchmakers, who finished and adjusted the rough movements.
This method o f production still employs a large proportion o f the
persons engaged in the industry.
The first factory for the manufacture o f watches was established
in 1801; it made use o f 19 different machines and produced several
grades o f movements. In 1884 the first watches with interchangeable
parts were manufactured. Since that time the factory, under the
stimulus o f the competition o f the American factory-made watch, has
steadily improved its processes, and has each year absorbed a larger
1256
FOREIGN STATISTICAL PUBLICATIONS— BELGIUM.
1257
proportion o f the field and correspondingly lessened the opportunities
o f the domestic worker. A s a result, the condition o f the latter class
has become so depressed that measures for its relief have become the
subject o f general discussion. In the hope o f placing the domestic
worker on a level with the factory, the plan o f providing him with
mechanical motive power in the shape o f electric motors has been
adopted. The problem o f securing electric power is fortunately not a
difficult one in Switzerland, where there is a large amount o f water
power available. In many cases the communes have established plants
for the production o f electric power, and have adopted rates for small
motor service which are intended to be well within the means o f the
domestic workers. The follow ing table shows the tariffs in force in
several localities. The plants at Chaux-de-Fonds, Locle, and Fleurier
belong to the communes; that at St. Imier belongs to a stock company.
RATES PER ANNUM FOR ELECTRIC-MOTOR SERVICE IN 4 COMMUNES OF SWITZERLAND.
Chaux-de-Fonds.
Horsepower.
One-sixteenth.........
One-eighth...............
One-fourth.................
One-half....................
Three-fourths...........
O ne.............................
Fleurier. St. Imier.
Locle.
3,000
hours.a
2,000
hours.a
1,000
hours. 6
$11.65
22.05
38.89
$9.72
18.24
32.13
$5.89
10.52
18.62
61.76
51.15
29.92
3,300
hours.
$6.95
12.97
24.32
42.85
57.90
67.74
1,650
hours.
$4.40
8.45
16.21
27.79
37.64
44.00
800
hours.
$2.70
5.21
9.65
17.18
23.16
27.02
11 hours
No re
per day. striction.
$14.48
24.13
38.60
67.55
c$9.26
<*16.21
25.86
46.32
66.78
82.99
a Renters of power in these classes receive a discount of 25 per cent on agreement to use no power
during lighting hours.
5 Power not to be used during lighting hours,
c For
horsepower.
d For
horsepower.
In the first two localities power in excess o f the number o f hours
contracted for may be used on the payment o f a pro rata sum.
In Fleurier contracts for motors o f two horsepower or less, to be
used only outside o f lighting hours, may be made on the basis o f 20
centimes ($0.0386) per horsepower per hour, no contract being made
for less than 750 hours.
In spite o f all efforts, the small motor has not found an extensive use
among the domestic workers. The expense o f installation and o f
changing tools is usually too heavy fo r the limited means o f this class
o f producers. Many o f them have but little use for power in the
manufacture o f their specialties, but the reason assigned as the princi
pal one is the lack o f interest on the part o f the workmen themselves.
T he Silk I ndustry.— The establishment o f the silk industry at
L yon by Italian weavers in the sixteenth century was followed in the
two succeeding centuries by a specialization in the direction of the
weaving o f figured silks and rich cloths o f gold and silver. The ability
to weave such fabrics required a long apprenticeship and special tech
nical knowledge. The demand fo r them, being subject to changing
1258
BULLETIN OF THE DEPARTMENT OF LABOR.
fashions, was very irregular, and this irregularity and the resulting
frequent depressions o f the industry have been characteristic o f silk
weaving in L yon up to the present time.
During the early part o f the last century considerable numbers o f
weavers moved into the rural districts, employing themselves fo r a
portion o f the time at agriculture, and accepting orders fo r the weav
ing o f the lighter and cheaper grades o f goods at prices less than the
city weavers could afford. The efforts o f the city weavers to enforce
their higher charges led to the turning o f orders fo r the better grades
o f goods to the country weavers, until now the number o f looms in
the country far exceeds those in the city. The relative size o f the
two groups and the number o f looms in factories appear from an
enumeration made in 1900, which found in the large factories 30,600
looms; in domestic use in the rural districts, 47,000 looms, and in
domestic use in the city, 8,600 looms. In 1856 there were about 35,000
looms employed in the city in domestic weaving.
Factory competition has caused depression among domestic weavers
in both city and country o f late years, and efforts have been made to
ameliorate their condition. One o f these was made in 1895 by a
society which arranged with an electric power company to furnish
power fo r 75 francs ($14.48) per year fo r each loom, the service not
to exceed 250 hours per month. Added hours may be arranged for,
however, on the basis o f a pro rata payment. As the hand looms
could not be altered to meet the requirements o f the new motive force,
new equipment throughout was found necessary, and to meet this
expense the society loaned money without interest. By this means it
has assisted in installing 300 looms for silk weaving in addition to 200
looms fo r other kinds o f weaving. The hand looms in Lyon still
number more than 8,000, about half o f which are fully employed.
Though it is as yet too early to state precisely what are the results
o f the use of the electric motor in the domestic shops of this industry,
the system has been in use long enough fo r two facts to have become
evident. First, employment under the new system is more regular
and continuous, owing to the fact that the weaver is able to accept
orders for the making o f staple goods fo r which there is a steady
demand, instead o f confining himself to the special Lyon goods for
which the demand is irregular. An unexpected result o f this fact has
been that the weavers show a tendency to devote themselves entirely
to the production o f these cheaper grades o f goods and avoid taking
orders fo r the higher grades. The second fact is that there is an
increase in the earnings o f the weaver; the writers o f the report
estimate that the average annual earnings o f a weaver with two hand
looms are about 800 francs ($154.40); with two power looms the
authors estimate his earnings at 1,500 francs ($289.50), The result of
the introduction o f the electric motor would be satisfactory were it
FOREIGN STATISTICAL PUBLICATIONS— BELGIUM.
1259
not fo r the tendency o f the weaver to become a competitor o f the
factory, instead o f continuing to produce those grades o f silks which
require special artistic and technical skill. This difficulty is one o f
the serious problems which confront those endeavoring to place the
domestic workers on a sound economic basis.
T he Ribbon I ndustry.— The ribbon industry o f St. fitienne was
established early in the seventeenth century and soon developed into
the typical domestic form . Since the use o f ribbon is almost entirely
regulated by fashion, the demand for it has always been extremely
irregular. The history o f the ribbon industry has been a series of
fluctuations between periods o f feverish activity when ribbons were in
vogue and periods o f ruinous depression when the contrary held true.
In most o f its features the history o f the ribbon industry has been not
unlike that o f the Lyon silk industry. Owing to the irregular
demand for the product the factory has not developed to any great
extent, and the industry is practically controlled by the domestic pro
ducers. In 1896 the number o f ribbon looms in use in the domestic
shops was about 25,000, o f which about 1,200 were power looms; the
number o f looms in use in the factories was about 6,000.
The ribbon hand loom is o f such construction that it can be altered
fo r the use o f mechanical motive power at slight expense, and in its
altered form can be used to produce the same class o f goods. The
problem o f changing from hand to power weaving is, therefore, not
such a serious one for the domestic weaver o f ribbon as it is for the
Lyon silk weaver. The power is secured from a stock company
which supplies electricity to the town, and makes a special effort to
furnish power in the form needed by the domestic weaver operating
two or three looms. The minimum charge for each loom is 7.50
francs ($1.45) per month; if the motor is rented from the company a
rental o f 1 franc ($0,193) per month is charged. Hence fo r a shop
containing three looms driven by a rented motor the monthly charges
would be 3 francs ($0,579) for rent o f motor, and 22.50 francs ($4.34)
for power, or a total o f 25.50 francs ($4.92) per month. A t this rate
the daily charge would be 1.02 francs ($0,197). The company reported
that 3,120 domestic ribbon weavers, using about 7,000 looms, were
subscribing for power, October 1, 1901.
Conclusions.— O f the three domestic industries under discussion,
the ribbon industry offers the largest possibility o f introducing the
electric motor. The Swiss watchmaking industry is changing its old
organization to that o f the factory in order to meet the American
competition. It has now adopted the system of factory production
with elaborate machinery and extended division o f labor. Under
these conditions the domestic production has steadily declined in
importance. It has had recourse to the manufacture o f detached
pieces and is now a system o f assemblage o f parts produced under
1260
BULLETIN OF THE DEPARTMENT OF LABOR.
conditions which do not admit of a general use of the electric motor.
The Lyon silk-weaving industry is a domestic industry in its deca
dence. I f the demand o f the public were fo r the high-grade goods
which require special skill to produce, there would be reason to hope
fo r the continued existence o f the domestic weaver, but present con
ditions show an opposite tendency. In the case o f the ribbon-weaving
industry, however, so long as the demand fo r the product is constantly
changing, requiring different shapes and sizes for each season, and
especially so long as the demand in general varies so greatly, it is
probable that the domestic weaver will control the industry.
The employment o f the electric m otor reduces the physical strain
on the workman and allows the use o f cheaper grades o f labor, such
as that o f women, children, old men, etc. W ithout doubt the motor
increases the production o f the lathe or loom and increases the net
income from each machine, but even with the aid o f the electric motor
there is little probability o f the domestic workshop ever superseding
the factory. The advantages o f an elaborate division o f labor and of
continuity in production are lost in such a small shop, while the inces
sant improvement o f machinery requiring constant expenditure for
more efficient apparatus imposes a burden too heavy fo r the resources
o f any but those possessing large amounts o f capital.
N E W SOUTH W A L E S.
F irst Annual R eport o f the Labor Commissioners o f New South Wales,
covering the p eriod ending August SI, 1901. 60 pp.
B y an order o f the governor bearing date o f May 8, 1900, a labor
commission was appointed to provide work for the unemployed, suc
ceeding other agencies, and under the above title they present their
first report. The duties o f the commission are to organize and control
all labor o f both sexes not in employment and to assist the unemployed
in securing situations. The work was begun under the minister for
labor and industry, but was later transferred to the department o f
public works, as it was largely in connection with this deparmentthat
employment was given. WThile private employers availed themselves
to some extent o f the services o f the commission, the report is mainly
an account o f the methods and results o f various undertakings o f a
public nature.
A card system o f registration is used, the men being classified
according to their own preferences, then according to their capacity
as determined b y an inspection, and lastly, after an assignment of
work has been completed, on the basis o f reports furnished by a fore
man or officer in charge o f the work. Branch offices are maintained
FOREIGN STATISTICAL PUBLICATIONS---- NEW SOUTH WALES.
1261
in different parts o f the country, by which means it is expected that a
general knowledge o f labor conditions will be gained and disseminated.
Opportunities for employment were form erly determined by draw
ings, but the method was unsatisfactory, and a system o f rotation has
been adopted. This system is modified to some extent by local and
conjugal conditions, applicants residing in the vicinity of the proposed
works being preferred to nonresidents, so far as the supply extends,
and married men to single. Married men having dependent children
are further favored over those without children. Emergency work is.
provided, however, for the immediate relief o f destitution, and various
concessions are made to enable men to avail themselves o f the oppor
tunities offered. Thus, railway fares are provided at reduced rates,
and advances made to cover this and other preliminary expenses, as
for tents, blankets, etc., while cost o f provisions has been guaranteed
to storekeepers giving credit to men beginning work. This last priv
ilege was so abused that it has been withdrawn. Men leaving depend
ent families are required to sign orders empowering the department
to pay to their wives a portion—not less than one-half— o f their weekly
wages.
F or men physically unfit for steady work and therefore not easily
graded as to fixed pay, a system o f cooperation called the butty-gang
system is made use of. Under this plan the work is let as a job and
the returns are equally shared by the members o f the gang perform
ing it. This system, which is stated to have succeeded well in New
Zealand, was found not to be satisfactory, as the least competent or
least willing set the pace, with the result o f small returns and general
dissatisfaction among the workers.
A casual labor farm, furnished with huts and tools and run on the
cooperative basis, provided employment for 198 men for various
periods during the year. The period o f residence set by the commis
sion was three months, though the majority did not stay so long;
others requested an extension o f the period, which was in some cases
allowed. This farm furnished opportunity for recuperation, mental
and physical, and fo r getting a little sum ahead with which to make a
new start on leaving, besides some practical experience in plowing and
other farm work which increased the opportunities for future em ploy
ment. The farm has not been self-supporting, but the deficiency has
been reduced o f late years, and it is anticipated that it will be entirely
wiped out soon, leaving perhaps a balance in its favor.
To provide for another class o f the destitute, including tramps and
beggars, a labor depot and refuge was established within a few miles
o f Sydney, to which men are admitted and provided with food and
lodging in return for a few hours’ work, leaving them free during a
large part o f the day to seek employment. F or those who work more
1262
BULLETIN OF THE DEPARTMENT OF LABOR.
than is thus required a credit system is used b y which weekly accounts
are kept, and any balance is paid over in cash at the time of final
departure from the depot. This refuge was opened only three months
before the close o f this report, during some portion o f which period
48 men were in residence, 28 being still in the institution when the report
closed. O f the 25 who went away, 20 took certificates o f good con
duct, 4 o f very good, and 1 the manager declined to certify. Three
secured employment before leaving.
Industrial farms fo r more permanent occupancy under direct offi
cial supervision is a mode o f relief fo r men with families, as well as
single men, which the commission,, has in view, but which has not yet
been put into operation. Assisted settlements on government lands
under permanent leases and a compulsory labor colony fo r vagrants
are recommended as additional agencies to provide fo r certain classes
o f the unemployed.
The number o f applicants for work registering during the year was
10,501, o f whom 217 were classed as clerical, 880 as artisans and
mechanics, and the remainder as laborers, classified as follows: First
grade, 3,677; second grade, 4,811; third grade, 916. O f the first two
classes, 672 registered as willing also to take work as laborers. M ore
than half the registrants were between 20 and 40 ysars o f age, 331
giving their age as under 20 and 718 over 60 years.
The number o f offers o f w ork was 16,172; these were accepted in
7,899 instances, rejected in 3,237, and in 5,036 cases no reply was
received. The number o f individuals accepting work was 5,049, mak
ing an apportionment o f about 15 jobs to each man that worked.
About 40 per cent— 3,175— o f the jobs were o f less than one month’s
duration; 1,493 lasted from one to three months, 535 over three
months, and in 1,711 cases the duration was not reported. A few jobs
lasted a full year. Sickness and accident compelled 159 men to leave
their work, and 1,454 deserted. This indicates a considerable pro
portion not actually desirous o f employment. In 645 cases, however,
there was a mark o f “ very g o o d ” as to ability and willingness,
“ g o o d ” in 1,502 cases, and 903 were not granted certificates. Con
duct was marked “ very g o o d ” in 797 cases, “ g o o d ” in 4,894, and
460 were denied a marking. It would appear, therefore, that inca
pacity was more in the way o f success than was disposition; though
the failure o f 3,485 original registrants to give any further attention
to their applications is suggestive o f the use by beggars o f the regis
tration certificates to prove that they want work, when in reality they
have no such desire.
EOBEIGN STATISTICAL PUBLICATIONS— ONTABIO.
1263
ONTARIO.
F irst R eport o f the Bureau o f Labor, 1900.
101 pp.
R. Glockling, Secretary.
This bureau, which is under the commissioner o f public works,
came into existence under the provisions o f an act approved A pril 30,
1900. («)
The report presents the results o f an inquiry as to labor organiza
tions, including the subject o f strikes and lockouts; parts o f addresses
on certain subjects o f industrial interest; a synopsis of the labor laws
o f Ontario, and digests o f official publications on changes in wages.
To the 310 schedules addressed to labor organizations 133 replies
were received, representing about 50 trades and callings. Seventyeight unions report a membership o f 6,316.
Thirty-five strikes and 2 lockouts were reported to have occurred
during the year 1899 and up to September 1,1900. O f these, 13 were
reported as successful, 8 compromised, 2 settled by arbitration, and
5 unsuccessful. In 1 case there was no settlement, and 8 were still
pending when the report closed.
« See Bulletin No. 33, p. 295, U. S. Department of Labor.
DECISIONS OF COURTS AFFECTING LABOR.
[This subject, begun in Bulletin No. 2, has been continued in successive issues.
A ll 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, matter needed simply b y 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 .
Contract of E mployment— L imitations— Release of Claim for
D amages— F raud—M issouri, Kansas and Texas Railw ay Company v.
Sm ith, Court o f C ivil Appeals o f Texas, 68 Southwestern R eporter,
page 51$.—J. E. Smith was a conductor employed by the above-named
railway company and was injured in 1892 while attempting to effect a
coupling between two cars. He brought suit to recover damages, but
before the matter came to trial one Maxwell, as agent for the company,
induced Smith to withdraw the suit, promising him, as he averred,
employment fo r life at $60 per month. Smith withdrew the suit and
signed a release o f all claims for damages arising from the above acci
dent, receiving in consideration therefor the sum o f $800. He was
given employment fo r two years at $60 per month and then asked fo r
a lay off o f six or seven months, which was granted. When he went
to resume work he was told there was no place for him, but after
repeated solicitations he was given work for two days and again
discharged. This was in April, 1897, since which time employment
had been refused him, and on September 10, 1900, he filed a petition
stating the above facts and claiming that the release signed had been
fraudulently obtained and that the failure o f the company to furnish
continuous employment was a failure o f the consideration fo r which
he agreed to the release, for all o f which, and for loss o f employment,
he asked damages in the sum o f $20,000. He was allowed the sum o f
$4,000 and costs in the district court o f Hill County, from which judg
ment the company appealed and obtained a reversal o f the lower court.
Judge Bookhout, who announced the decision o f the court, first
discussed the contention o f the railway company that since more than
two years had intervened since Smith’s right o f action, if he had such
right, had accrued before the filing o f his petition, such cause of
action was barred by the statute o f limitations o f two years. On this
point the court said:
I f it be conceded that the plaintiff was induced to dismiss the suit
then pending in the district court o f Grayson County [the original
1264
DECISIONS OF COURTS AFFECTING LABOR.
1265
suit fo r damages] by the fraud o f the defendant’s agents, this would
not prevent the statute o f limitations running from the time he dis
covered, or should, in the exercise o f ordinary diligence, have discov
ered, the fraud. Undiscovered fraud will prevent the running o f the
statute o f limitations, provided the failure to discover the fraud is
not attributable to the want o f proper diligence by the party assert
ing it. This suit was instituted on September 10, 1900, three years
and a little over four months after the company had terminated his
employment. Ought not the appellee to have discovered more than
two years before the filing o f this suit that appellant did not intend to
give him employment? A fter he took his lay off to rest up, he says
that when he returned and asked to be put back to work he was told
by the agent that “ they had no work fo r him, and that he had lost
out.” This expression does not indicate that the agents o f the com
pany were attempting to conceal from Smith the fact that they did
not intend to longer employ him. A fter hounding after them, as he
says, fo r six or seven months, he was put back to work, and after
working two days was again let out. There is not an iota o f evidence
that the agents and officers o f the company led him to believe that he
would be again employed, or that they in any way concealed from
him their determination not to again employ him. W e are o f the
opinion that the appellee’s own testimony shows that his failure to
ascertain that the company did not intend to give him employment
was attributable to his failure to use ordinary diligence to discover
that fact.
The court held that this fact in itself furnished sufficient ground for
a reversal o f judgment, and that judgment should have been rendered
fo r the company. Another point was discussed, however, which was
the question as to whether fraud was practiced in procuring the
release.
On this Judge Bookhout said:
The statements made by Maxwell promising appellee a lifetime job
if he would dismiss his suit were made at Denison, and before appellee
went to work fo r the company. The releases were signed by him at
W aco, and after he had begun to work fo r the company. Appellee
testified that agent “ Bower had the release there in the front office,
and said to me: i Smith, here is something for you to sign. Y ou are
going to work here and we (I) will take care o f you. I will make a
good place fo r you .’ ” Unless this statement shows fraud, there is no
testimony in the record showing fraud in the signing o f the releases.
There is nothing in this statement showing that appellee was to be given
a lifetime job. Appellee did not call fo r a more specific statement as
to what Bower meant by the remark that he would “ take care o f him.”
The release plainly showed that it was a settlement of the suit and a
release o f his demands in consideration o f $300. But appellee says
he did not read the release. H e explains that the money, $300, was
paid him voluntarily by the company. It is held that, in order to
set aside a release on the ground o f fraud the evidence must be clear,
precise, and convincing. Slight parol evidence is insufficient. The
fact that appellee did not read the release before signing was not
sufficient, under the facts connected with his signing, to justify the
jury in finding there was fraud in the execution. (Insurance Co. v.
1266
BULLETIN OF THE DEPARTMENT OF LABOR.
Harris (Tex. Civ. A pp .), 64 S. W ., 871.) W e are o f the opinion that
the evidence did not authorize the court to submit to the jury the issue
o f fraud in the procurement o f the releases, and that therew as error
in so doing.
E ight-H our L aw — M unicipalities— School D istricts— State v.
Wilson>, Supreme Court o f K am os, 69 P acific R eporter, page 172.—
The State charged James W ilson with violating the eight-hour law
(sec. 3827, Gen. St., 1901) by permitting a laborer in his employ to
work more than eight hours in one day in and about the erection o f a
school building which W ilson was constructing under a contract with
the board o f education o f the city o f Iola. The district court o f Allen
County held that no public offense was charged, as a school district was
not within the law, and quashed the information. The State appealed
and obtained a reversal o f the court below.
The statute relates to employment a b y or on behalf o f the State o f
Kansas, or by or on behalf o f any county, city, township, or other
municipality o f said State.” Nothing being considered but a question
of law, the follow ing syllabus by the court is a sufficient statement o f
the finding:
A school district is a “ municipality” within the meaning o f chapter
114, Laws 1891 (sec. 3827, Gen. St., 1901), known as the 46eight-hour
law.”
E mployers5 L iability— Orders— L ine of D uty— Construction
Statute— Cincinnati, Ha/rnilton and D ayton R ailroad Company
v. Thiebaud, United States Circuit Court o f A ppeals, Sixth Circuit,
lilt, Federal R eporter, page 918.—This was an action brought by Thie
baud, as administrator, against the above-named railroad company to
recover damages fo r the death o f one Sweetman, an engineer, who was
killed while in the service o f the company by the admitted negligence
o f the conductor and engineer o f another train. The action came
under the employers5 liability act o f Indiana, in which State the acci
dent occurred, a clause o f which provides fo r the recovery o f damages
for personal injury suffered by an employee through the negligence o f
coemployees under certain conditions, one being that o f the person
injured acting at the time o f his injury in obedience or conform ity to
the order o f some superior having authority to direct.
Judgment was fo r the plaintiff, and the company appealed on vari
ous grounds, one o f which was that the statute was unconstitutional as
discriminating between corporations and individual employers. As
to this the court merely cited Tullis v. Railroad Co., 175 U. S., 348,
20 Sup. Ct., 136, 44 L . E d., 192 (see Bulletin, No. 29, U. S. Depart
ment o f Labor, page 890), as deciding in favor o f the act.
of
DECISIONS OF COURTS AFFECTING LABOR.
1267
The other contentions o f the company were resolved in favor o f
the plaintiff and the judgment o f the lower court was affirmed. But
one o f these need be noted here. It was contended by the company’s
attorneys that the case was not within the scope o f the Indiana statute
since the deceased engineer was not, at the time o f the injury causing
his death, acting under any special direction, or otherwise than in the
discharge o f the general duty o f his employment.
Judge Severens, speaking for the court, after referring to cases acted
on by the supreme court o f Indiana, said:
W e are required to follow the construction o f the act given by the
supreme court o f that State. But under the obligation o f the same
rule we are also required by the decision in the last-mentioned case
[Railroad Co. v. M ontgomery, 152 Ind. 1, 49 N. E. 582, 71 Am. St.
Rep. 301 (see Bulletin No. 18, U. S. Department o f Labor, page
723)], to hold, as was there held, that the requirement that the injured
person should be acting in conform ity to the order-of some superior
is equivalent to a requirement that he should be acting in the line o f
his duty as an employee. Having regard to the well-known order o f
business o f railroad companies, o f which the court must take judicial
notice, it could not be otherwise than that a subordinate, such as a
locomotive engineer, when acting in the line of his duty as such,
would be acting under the order o f some superior. It is stated in the
bill o f exceptions that the deceased was guilty o f no negligence and
that he had the right to be with his train at the time and place when
and where the accident occurred. This can have no other reasonable
meaning than that he was discharging the regular duties o f his
employment. The negligence o f the conductor and engineer o f the
other train being conceded, it would seem that a case was made out
fulfilling the conditions o f the Indiana statute, and, as the accident and
death happened in that State, that is the law applicable to the case.
E mployers’ L iability— Railroad
Companies— F ellow-Serv
Louis and San Francisco R ailroad Company v. F u rry,
United States Circuit Court o f A ppeals, E ighth C ircuit, 11if. Federal
R eporter, page 898.— This was a suit by Warren G. Furry, a fireman
employed by the above-named company, who was injured in Arkansas
in a collision resulting from the failure o f a telegraph operator to
deliver orders received by him from the train dispatcher. Damages
were awarded in the lower court, under sections 6248 and 6249, Sand,
and H. Dig. Arkansas statutes (see Railway Co. v. Thurmond, below,
for law), and appeal was taken by the company, resulting in the judg
ment o f the lower court being affirmed, Judge Sanborn dissenting.
Judge Thayer for the court reviewed the common-law decisions as
to similar cases in a number o f States, and also the decisions under
statutes o f like form to the statute o f Arkansas, and concluded:
ants— St.
W ithout pursuing the subject to any greater length, we are forced
to conclude that Furry and the defendant’s telegraph operator at
1268
BULLETIN OF .THE DEPARTMENT OF LABOR.
Springdale, by whose fault the collision was occasioned, were not fellowservants, because, within the meaning o f the Arkansas statute, they
were not u working together to a common purpose;” the work which
they did being o f an entirely different character, which only brought
them together casually. W e are also disposed to think that the two
employees were not engaged in the same “ department or service ” o f
the corporation, within the true intent o f the statute.
E mployers’
L iability— Railroad
Companies—F ellow-Serv
St. Louis, Iron Mountain and Southern Railway Company v.
Thurmond, Supreme Court o f Arkansas, 68 Southwestern Reporter,
page 4 S 8 .— Lizzie Thurmond, widow o f James Thurmond, sued, as
ants—
administratrix o f his estate, to recover damages for his death.
Deceased was employed as a fire knocker by the above-named com
pany, his duty being to remove the ashes and cinders from the fire
pans o f the company’s locomotives while they stood above a cinder
pit. W hile he was at such work, or going about it, a hostler ran
another locomotive against the one to which Thurmond was giving his
attention, causing the latter to crush Thurmond’s leg, the injury
resulting in death.
Verdict was fo r the plaintiff in the circuit court o f Pulaski County,
and the railroad company ^appealed. The supreme court affirmed the
judgment o f the court below, resting its opinion on sections 6248 and
6249, Sand, and H. Dig. The form er section provides that all persons
engaged in the service o f any railway company who are intrusted
with the authority o f superintendence o f any other employee are vice
principals, and not fellow-servants, with such employee; and section
6249 provides that employees shall be deemed fellow-servants only
when o f the same grade and working together to a common purpose.
Chief Justice Bunn announced the opinion o f the court. A fter
reviewing the evidence and the instructions o f the trial judge, and
“ finding no reversible error,” he discussed the law o f the case, as
follows:
It is contended by defendant that the deceased, as fire knocker, and
the engineer running 135 [the moving locomotive], called a “ hostler,”
were fellow-servants, as they were engaged in the same employment,
and were under the supervision o f one person,— John Morgan, the
engine dispatcher,— who had the discretion o f the movement o f engines
about the yard and o f others working therein. That is true; but our
statute on the subject, in defining who are fellow-servants, goes a step
further. It is proof that the hostler o f No. 135, that brought about
the collision, had a man or men under him as assistants. The letter
o f the statute makes him not a fellow-servant, because he supervises
others, and because he is, on that account, not o f the same grade as
was the deceased, whose duty it was merely to clean out the ash boxes
DECISIONS OF COURTS AFFECTING LABOR.
1269
o f engines after being in use and before being put in use again. It
is doubtful what the legislature really meant, but such is the force of
the language o f the act.
Affirmed.
E mployers’
L iability— Railroad Companies— F ellow-Serv
Cars— Construction of Statute— Perez v. San
A ntonio and Aransas Pass R ailw ay Company, Court o f Civil Appeals
o f Terns, 67 Southwestern R eporter, pa ge 137.— San Juana Perez sued
in the district court o f Bee County to recover damages for the death
o f her son, Esteven Perez. The latter was a section hand in the
employment o f the above-named company, and his death was the result
o f the alleged negligent stopping o f a hand car on which the deceased
and his fellow-workmen were riding in connection with their duties.
From a judgment fo r the defendant Mrs. Perez appealed, securing a
reversal o f the court below and the grant o f a rehearing.
The statute o f June 18, 1897, article 4560f of Sayles’ Ann. Civ.
St., provides that ‘ cE very person, receiver, or corporation operating
a railroad or street railway, the line o f which shall be situated in whole
or in part in this State, shall be liable fo r all damages sustained by any
servant or employee thereof while engaged in operating the cars, loco
motives, or trains o f such person, receiver, or corporation, by reason
o f the negligence o f any other servant or employee o f such person,
receiver, or corporation, and the fact that such servants or employees
were fellow-servants with each other shall not impair or destroy such
liability.”
It appeared from the evidence that the hand car on which Perez was
riding was moving at a high rate o f speed when the man in charge of
the brake received a signal from the foreman directing an immediate
stop, so that if there was negligence at all on the part o f the foreman
it was in directing an immediate stop while the car was m oving at such
a rate. I f the injury was the result o f the negligence o f the man who
applied the brake, it was the negligence o f a fellow-servant, fo r which
the railroad company would not be liable apart from the statute above
quoted.
Judge F ly announced the decision o f the court. A fter reviewing the
evidence and quoting the statute, with the remark that it had not here
tofore been judicially construed, he took up the question o f whether
or not Perez and his fellow-servants were engaged in operating cars,
within the meaning o f the statute. Cases were cited in which courts
o f other States had held that hand cars were cars within the meaning
o f similar acts, and he concluded:
ants— H and
There are decisions o f other States in perfect consonance with the
foregoing rulings, and we have not been cited to, nor have we found,
1270
BULLETIN OF THE DEPARTMENT OF LABOR.
any opinion in opposition to them. In common acceptation, and under
the definitions in the standard lexicon o f the country, the word “ ca r”
signifies any vehicle adapted to the rails o f a railroad, and would
embrace in its meaning a hand car as well as a freight or passenger
car. It follows that, ,if deceased and his fellow-servants at the time o f
his death were engaged “ in the work o f operating” the hand car of
the railway company, the latter would, under the statute, be liable in
damages if the death o f deceased resulted from the negligence o f his
fellow-servants or either o f them.
In the'main charge the court proceeded on the theory that appellee
was liable if deceased came to his death through the negligence o f the
servants or employees o f appellee, but in a special charge requested by
appellee, and given by the court, the jury was instructed as follows:
“ Even if you believe from the evidence that the said Esteven Perez
was thrown from the hand car by the negligent application o f the brake,
yet if you further believe from the evidence that the brake was not
applied under the order, direction, or signal o f the foreman, Kessler,
then plaintiff can not recover in this case.” This charge was not only
in conflict with the charge o f the court, but it made the recovery of
appellant depend upon a signal given by the foreman, which is in con
flict with the law as to the appellee being liable under the circumstances
for the acts o f a fellow-servant.
The scope o f the opinion o f this court, as applied to section men,
extends no farther than while they are actually engaged in operating
hand cars, and is not intended to reach any acts o f theirs while engaged
in other work. The decision deals with the facts in this case, and no
others.
In a requested charge given by the court, the jury was informed
that if deceased “ did not fall off the hand car, but voluntarily jumped
off the hand car, then his act constitutes, in law, either contributory
negligence or suicide, and plaintiff can not recover in this case.” The
charge was an invasion o f the right o f the jury to pass upon the ques
tion o f whether the facts established contributory negligence. Con
tributory negligence was not pleaded, and it is the rule in Texas that
contributory negligence should not be submitted unless presented by
plea and supported by evidence.
E mployers5L iability— Railroad Companies— H and Cars— V icePrincipal— Negligence of F ellow-Servants— Construction of
Statute— Texas and P acific R ailw ay Company v. Sm ith, United
States C ircuit Gourt o f Appeals, F ifth C ircu it, 11J± Federal R eporter,
page 7*28.— In this action Mrs. F. S. Smith sued fo r herself and minor
children to recover damages fo r the death o f her husband. Smith was
a foreman o f a gang o f workmen whose duty it was to look after and
keep in repair several miles o f the track o f the railway company, and
fo r their assistance they had the use o f two hand cars.
On the evening o f April 11, 1899, the car, on which Smith with a
number o f the men was returning from work, was run into by the car
containing another portion o f the workmen under his control, with the
DECISION'S OF COURTS AFFECTING LABOR.
1271
result that Smith was thrown from his car and killed. He not only
had charge o f the men while at work, but employed and discharged
his assistants according to his own judgment. It was charged that it
was by their negligence that the accident occurred.
Judgment was given Mrs. Smith under the Texas statute o f 1897,
page 14, from which judgment the company appealed.
This statute provides, in its first section, for the liability of rail
road companies fo r damages sustained by its employees while operat
ing its cars, locomotives, or trains by reason o f the negligence o f any
other servant or employee o f the company, and the fact that such serv
ants or employees were fellow-servants shall not constitute a defense.
The second section declares that persons intrusted with authority o f
superintendence, control, or command o f other servants or employees
are vice-principals and not fellow-servants with their coemployees. A
third section defines fellow-servants.
The court considered two questions in arriving at its conclusion,
which was in support o f the judgment o f the lower court: (1) Is a
hand car within the meaning o f the provisions o f section 1 o f the Texas
statute? (2) W as the deceased, F. S. Smith, such an employee o f the
defendant that, under the terms o f section 1 o f the act, his represent
atives can recover for his death, if caused by the negligence o f the
men working under him? On these points the court said:
W ithout rehearsing or attempting to extend or elaborate the reason
ing that we find in reported cases infra, we content ourselves with
expressing the view that the fair construction o f the Texas statute
requires that the first question stated above be answered in the affirma
tive. W e cite, with approval both o f its decision and o f the reasoning
contained in the opinion, the case o f Benson v. Railroad Co. (Minn.),
77 N. W . 798, 74 Am. St. Rep. 444. * * *
W e come to the second question. As we understand it, the conten
tion o f the plaintiff in error is that by reason o f the fact that under
section 2 o f the Texas law the deceased was a vice-principal o f the
laintiff in error, and not a fellow-servant with his coemployees, had
is injuries not resulted in his death he could not have recovered on
account o f the negligence o f these coemployees. While not distinctly
so expressed, the argument seems to be that, from the fact that the
deceased had the authority to choose his subordinates in the extra-gang
force over which he was foreman, he assumed the risk o f any injury
resulting to himself from the negligence o f any one o f these 15 or 20
men under his charge, and that, as against him, evidence o f such negli
gence on their part is evidence o f contributory negligence on his part,
such as would bar him from recovery for injuries not resulting in his
death, and therefore would bar the defendants in error from recovery
in this case. I f such is not the purpose and effect o f the argument,
we are not able to see its application. I f such is its purpose and effect,
it does not appear to us to find any support in the authorities cited,
and seems to us to be manifestly unsound. A careful consideration o f
the provisions o f the present statute given in the statement o f the case,
and o f the precedent legislation on that subject set out in the brief o f
E
9491— No. 43— 02----- 9
1272
BULLETIN OF THE DEPARTMENT OF LABOR.
the plaintiff in error, which we do not deem it necessary to quote* does
not lead us to conclude that the other sections o f the statute should
receive a construction that would bar the foreman of a gang from the
protection afforded by such section 1.
E mployers’ L iability— Railroad Companies— N egligence of
F ellow-Servant— Operation of Railroad— Construction of Stat
ute— Stebbins v. Crooked Creek R ailroad and Coal Company, Supreme
Court o f Iowa, 90 Northwestern R eporter, pa ge 355.— Stebbins was a
locomotive fireman in the employment o f the above-named company, but
at the time he received the injury complained o f he was at work with
and under the direction o f one W ilson, engaged in transferring rails
from a car on a side track to another standing alongside on the main
track. Short rails were laid between the two cars to serve as skids on
which to slide the rails, while to a third rail, secured to the side o f
the car upon which the rails were being loaded, was attached a pulley.
The method used was to fasten a rope to a number o f the rails by the
aid o f a short chain and hook, the rope passing through the pulley and
reaching to a locom otive engine, to which the rope was attached and
which furnished the power for moving the rails from one car to the
other. It was Stebbins’s duty to attach the rope to the rails and then,
while the locomotive was drawing them across, to keep the rails
straight on the skids. W hile Stebbins was so engaged, W ilson pushed
the rails with his foot, and, instead o f moving on the skid, the skid
itself slipped, letting the rails fall so that they struck Stebbins and
broke his leg.
This action was brought under section 2071 of the Code, which pro
vides that railway companies shall be liable for all damages sustained
by employees in consequence o f the neglect o f other employees when
such wrongs are connected with the operation o f any railway about
which they are employed. The district court o f Hamilton County
gave judgment for Stebbins, which judgment was affirmed by the
supreme court on an appeal taken by the defendant company.
Judge McClain, who announced the opinion of the court, after
stating the facts above given, proceeded as follows:
It seems clear that in pushing the rails Wilson was not acting as
vice-principal, but as coemployee o f plaintiff; for, as to the very thing
which was being done, W ilson and plaintiff were acting in the same
capacity. Each was assisting in the movement o f the rails. The
question we have before us is whether, assuming that the injury
resulted from the negligent act o f Wilson, and that Wilson was a coem
ployee o f plaintiff, the latter can recover against defendant for injuries
resulting from the negligence o f such coemployee. The mere fact
that an employee is engaged in loading or unloading cars standing
DECISIONS OF COURTS AFFECTING LABOR.
1273
on the railway track does not bring him within the scope o f the
statute. [Cases cited.] But here the loading was being accomplished
by means o f the use o f a locomotive engine moving on the railway
track, and the question is whether the use o f the engine in drawing
the rails from one car to another brings the case within the provisions
o f the statute. It is argued by counsel for appellant that, inasmuch
as this loading o f the rails had no connection with the operation o f
any train, and might have been accomplished by means o f power
furnished by a stationary engine, or from any other source, as well as
by the use o f a locomotive engine on the track, the act was not so
connected with the operation o f a railroad as to be within the statute.
But the statute is not limited in its application to those employees who
are immediately connected with the operation o f trains. [Cases cited.]
The plaintiff in this case was engaged in transferring rails from one
car to another by means o f the use o f a locomotive engine moving on
the railroad track. The engine was furnishing the motive power to
draw the rails across from one car to the other, and we think this was
a part o f the hazardous business o f operating a railroad. The danger
was not necessarily the same as it would have been had the power used
been a stationary engine or a horse. The operation involved the use
o f heavy machinery and the great power o f a locomotive engine.
It has been difficult, in many of the cases which have come before us,
to determine on which .side o f the dividing line the acts in question
should fall; but in the conclusion which we reach we are not running
counter to any o f the decisions already made in construing the statute,
and we are carrying out its general policy.
Affirmed.
E mployers’ L iability— Railroad Companies— V ice-Principals—
Construction of Statute— A ct of G od— Southern Pacific Company
v. Schoer, United States Circuit Court o f A ppeals, E ighth Circuit,
114 Federal R eporter, page 4,66 .— Action was brought by C. Schoer,
administrator o f the estate o f H. A. Schoer, to recover damages for
the death o f the latter. Deceased was employed as fireman for the
above-named company when the train upon which he was working ran
into the section ahead, occasioning injuries that resulted in death.
The charge was o f negligence on the part o f the engineer o f the loco
motive on which Schoer was at work, the action being brought under
sections 1342 and 1343, R. S. o f Utah, which provide that “ A ll per
sons engaged in the service o f any person, firm, or corporation, foreign
or domestic, doing business in this State, who are intrusted by such
person, firm, or corporation as employer with the authority o f super
intendence, control, or command o f other persons in the employ or
service o f such employer, or with the authority to direct any other
employee in the performance o f any duties o f such employee, are vice
principals o f such employer and are not fellow-servants.” Section
1343 defines fellow-servants as those who are in the same grade, and
1274
BULLETIN OF THE DEPARTMENT OF LABOR.
working together at the same time and place, and without any power
o f superintendence, the one over another.
Judgment was for the plaintiff, from which the company appealed.
There were contentions as to the interpretation o f the statute, and as
to its application to an engineer who was not actually engaged in exer
cising his authority o f superintendence, and also a plea o f nonliability
because o f a fo g so dense that the proxim ity o f the trains which col
lided could not be discovered in time to avoid the accident.
A syllabus prepared by the court shows its findings, which were in
support o f the judgment o f the trial court, and is as follows:
1. The States have the right to regulate within reasonable limits the
relations between employers and employees within their borders, and to
fix by legislative enactments the liabilities o f the form er fo r the acts
and negligence o f the latter.
2. Sections 1342 and 1343 o f the Revised Statutes of Utah make all
servants employed in the service o f a master doing business in that
State, who are entrusted by him with authority to command his other
servants, or with the authority to direct another o f his servants in the
discharge o f his duties, vice-principals o f their master, and charge him
with liability for their negligence whether it was committed in the
discharge o f the positive duties o f the master or in the performance
o f the primary duties o f the servants. *
3. Those sections make the master liable for the negligence o f supe
rior servants committed in the discharge o f their duties as employees,
whether the negligence was committed while they were exercising
their authority to command or superintend others or not.
5. Nothing less than such a fortuitous gathering o f circumstances as
prevents the performance o f a duty, and such as could not have been
foreseen by the exercise o f reasonable prudence, or overcome by the
exercise o f reasonable care and diligence, constitutes an act o f God
which will excuse the discharge o f a duty.
E mployment of W omen— Sale of I ntoxicating L iquors— Con
oi O rdinance— M ayor, etc., o f C ity o f Hoboken v.
Goodman, Supreme Court o f New Jersey, 51 A tlan tic R eporter, page
1092.— Louis Goodman was convicted before the recorder o f the city
o f Hoboken for the violation o f an ordinance the validity o f which
was attacked by a writ o f certiorari, by which the case was brought
before the supreme court, where the conviction was sustained. The
only point o f interest here is the opinion as to the constitutionality of
a provision o f the ordinance that forbids the employment in any pub
lic place where intoxicating liquors are sold o f any female to sell,
offer, or distribute spirituous, vinous, malt, or brewed liquors, or any
intoxicating drinks or admixture thereof, or as “ woman conversa
tionalist,” or fo r the purpose o f attracting persons. These provisions
stitutionality
DECISIONS OP COUBTS AFFECTING LABOB.
1275
are not intended to prevent licensees nor the wife o f any person hav
ing a license from selling or distributing liquors.
Goodman had violated this regulation, and on this point Judge Col
lins, speaking for the court, said:
It is next argued that the ordinance abridges privileges and immu
nities o f citizens, and denies to those whose employment is prohibited
the equal protection o f the laws, because (1) it prohibits a citizen con
ducting a lawful business from engaging the services o f females, (2)
it prohibits females from engaging in a lawful employment, and (3) it
makes an unjust and unreasonable discrimination between females.
The keeping o f a place o f public entertainment where intoxicating
drinks may be sold is not a matter o f absolute right. In this State it
has always been restricted, and the powers o f prohibition and regula
tion have without question been delegated to localities by direct vote
or through representative municipal bodies. W omen may, consti
tutionally, be barred from occupations that are subject to license.
[Cases cited.] It has not been argued but that the prohibitions o f the
ordinance in question are within fair police regulation. The only
adjudged cases cited to us support them. (Bergman v. Cleveland, 39
Ohio St., 651; In re Considine (C. C.), 83 Fed., 157.) The objection is
that o f discrimination. It is pointed out that the wife o f a licensee
may be employed in the place where the employment o f other women
is forbidden, and that women are not debarred from proprietorship
under license. That classes o f women are privileged works no injury
to others; but, apart from that, it seems to me that there is just ground
for the discrimination o f this ordinance. The supposed evil aimed
at is the employment o f women in connection with a traffic likely to
induce vice ana immorality. The wife o f a proprietor o f a place o f
public entertainment is not, in any fair sense, an employee, and her
presence may fairly be deemed to be deterrent o f impropriety. The
policy o f licensing women as proprietors is questionable, but such
licensees are not within the mischief which the ordinance seeks to
remedy. W e can not say that the exceptions ought to nullify a regu
lation that we must concede is a wise one, namely, the debarring o f
women from form ing part o f the allurements of drinking places.
E xemption of W ages— W ho abe L abokebs— State ex vel. I X . L .
Grocery Company v. Land, Supreme Court o f Louisiana, 32 Southern
R eporter, page lf33.— A. D. Land, judge of the first judicial district
court, had ruled that the wages o f a locomotive engineer were exempt
from execution under the provisions of statute No. 79 of 1876,
which exempts “ laborers’ wages.”
Appeal was made in due process, and the case was reviewed by the
supreme court o f the State, with the result that the lower court was
reversed, the statute being held not to apply.
The follow ing syllabus by the court summarizes its findings:
1.
Mechanical engineers, electrical engineers, clerks, agents, cash
iers o f banks, bookkeepers, and all that class o f employees whose
1276
BULLETIN OE THE DEPARTMENT OF LABOR.
employment is associated with mental labor and skill, are not consid
ered as laborers.
2.
The exemption to seizure protects laborers on farms, plantations,
factories, and other places, where workmen possess no particular skill
without trade labor. The skilled labor in trades is not exempt.
H ours of L abor— L egal D ay ’ s W ork— Pay for Overtime—
F itzgerald v. International Paper Company, Supreme Judicial Court
o f M aine, 52 A tlan tic R eporter, page 655.— This case came up in a
report from the supreme judicial court o f Franklin County on appeal
by the plaintiff, Peter A. Fitzgerald. Fitzgerald had been employed
by the above-named company to work in its mills, which were run
continuously throughout the twenty-four hours of the day, two shifts
being employed.
Revised Statutes, c. 82, sec. 43, o f the State o f Maine provides that,
“ In all contracts for labor, ten hours o f actual labor are a legal day’s
work, unless the contract stipulates fo r a longer time; but this rule
does not apply to monthly labor or to agricultural employments.”
Under this statute, Fitzgerald sought to recover for 375 hours excess
worked by him from March 29, 1900, to December 24 o f the same
year, which the court refused.
The following syllabus, marked official, gives the legal grounds on
which the supreme court sustained the judgment o f the court below:
1. Under Rev. Stat. c. 82, sec. 43, declaring ten hours of actual
labor to be “ a legal day’s work, unless the contract stipulates fo r a
longer time,” the stipulation need not be expressed, nor made before
the work is begun. It is enough if it appears from the circumstances
and the conduct o f the parties that they understood that more than
ten hours of labor was to be perform ed each day fo r the agreed wages
per day.
2. W here a laborer hires to work as one o f the crew of a pulp mill,
which, to his knowledge, is run through to the twenty-four hours with
one day crew and one night crew, alternating each week, and he works
in such crew more than ten hours each day, and receives weekly his
per diem pay as agreed, without claiming more, it can be reasonably
inferred that he agreed to work more than ten hours a day, and he
can not afterwards recover pay fo r the extra hours.
H ours of L abor— Pay for Overtime— O'B oyle v. C ity o f D etroit,
Supreme Court o f M ichigan, 90 Northwestern R eporter, page 669.—
Terrence O ’Boyle was employed by the board o f park and boulevard
commissioners o f the city o f Detroit as driver o f a park phaeton.
Drivers received $1.50 per day, and were paid this sum regardless of
the amount o f w ork done. I f they worked only a few hours or half a
day they were paid fo r a day’s work. There was in force a resolution
o f the park board constituting nine hours a day’s work for all its
DECISIONS OE COURTS AFFECTING LABOR.
1277
employees. Plaintiff did not claim overtime of the commissioners,
but at the trial testified that he was told by Mr. Bolger, superintendent
of the park, that he would get pay fo r his overtime and to keep an
account o f it. Mr. Bolger absolutely denied this. A t the end o f his
service O’Boyle, who had been paid weekly, claimed to have worked
3101 hours overtime, and sued in the circuit court o f Wayne County to
recover compensation fo r the same. Judgment was in his favor, from
which the city appealed. The supreme court affirmed the judgment
o f the court below, Judge Grant dissenting. Judge Grant’s view was
that there could be no recovery unless there was a contract with the
park commissioners to that effect, which O’ Boyle did not have.
Judge Montgomery, who delivered the opinion o f the majority o f
the court, said:
I think the judgment in this case should be affirmed. The testi
mony o f the plaintiff that the park superintendent had knowledge
that he expected to receive pay for overtime, and that he in fact
advised him to keep the time, and assured him that he would be paid,
while not competent to make a contract— as it does not appear that Mr.
Bolger had the authority to make a contract which would bind the
city— is o f force as negativing any waiver o f the plaintiff o f his right
to receive compensation for overtime, and also as negativing any
assent in the first instance to a contract for a longer day than nine
hours. The plaintiff’s contention in this respect is also supported by
the testimony that other employees in the same line o f work, employed
by the city in the park, were paid fo r overtime. As the case presents
itself, then, the park board had authority to employ drivers o f phae
tons, and plaintiff was so employed. Shall it be said that, if there
was no distinct agreement as to what his compensation was to be, he
is not to be paid at all? According to the plaintiff’s version, so far
from the defendant’s officers having the right to infer from his con
duct that he was not making claim fo r overtime, the exact reverse is
true as to the superintendent, and it can not be said that the plaintiff
waived his right to full compensation.
I njunctions— Combinations— Persuasion— E ffect of Statute—
Rights of E mployers— Frank et al. v. H er old et al., Court o f Chan
cery o f New Jersey, 52 A tlantic R eporter, page 152.— Frank & Dugan,
silk manufacturers, had obtained a temporary injunction forbidding
interference with their employees, o f the date of April 18, 1901, and
May 20 was the date set for hearing. On May 1 numerous affidavits
were submitted to show that a number o f the persons named in the
restraining order o f A pril 18 had disobeyed that order, and a second
order issued requiring the appearance o f such parties to answer to a
charge o f contempt. The whole matter came to a hearing before ViceChancellor Pitney, who heard the arguments o f the attorneys o f the
persons enjoined, who maintained that the order was too sweeping in its
terms and that it was not in accordance with existing law. No facts
1278
BULLETIN OF THE DEPARTMENT OF LABOR.
are given, except as referred to in the remarks o f Vice-Chancellor
Pitney, from which the following is quoted:
Now, in the first place, the defendants rely upon the act o f Febru
ary 14, 1883 (P. L. p. 36), which is in these words: “ That it shall not
be unlawful for any two or more persons to unite, combine or bind
themselves by oath, covenant, agreement, alliance or otherwise, to
persuade, advise or encourage, by peaceable means, any person or
persons to enter into any combination fo r or against leaving or en
tering into the employment o f any person, persons or corporation.”
In m y judgment, the true construction o f the act o f 1883 is simply
that it renders innocent, as against the public, an act which, pre
vious to its passage, was a misdemeanor and punishable by indictment.
It does not take away, or in any wise affect, any private rights which
may arise out o f acts which are legalized by that legislation. It is
palpable that the legislature was dealing with a criminal act, and the
language o f the statute must be construed accordingly. It can not
be construed as rendering an act lawful as against an individual which
otherwise would be unlawful. The declaration by the legislature that
such an act shall no longer be a crime punishable by indictment will
not be construed so as to take away the right o f the individual to the
remedy fo r his private injury. Moreover, if the legislature should
declare lawful an act which in itself is an invasion o f private rights,
and inflicts upon an individual an actionable injuiy, such legislation
would be unconstitutional.
Now I come to the matter in hand. Some things are thoroughly
settled and conceded, and among them.is this: That every free person
not subject to criminal restraint has the right in New Jersey to work
or not to work, as he or she shall see fit; and he or she has the right
to exercise that choice without hindrance or molestation. In my judg
ment, any conduct on the part of any person which tends to hinder or
prevent another from working if he or she chooses to work is an
unlawful infringement o f the personal rights o f that individual. It is
urged that one person has a right to persuade another to work or not
to work. That may be if the other person is willing to listen and be
persuaded; but no person has a right to impose upon another his argu
ments or persuasions against the willingness o f that other person to
listen. No person has the right to invade m y private residence, or to
accost me as I am walking along the street, to urge or persuade me
to a certain course o f conduct, if I do not choose to stop and listen to
him. A pplying these principles to the case in hand, the parties
defendant are charged by these affidavits with accosting, annoying
and molesting in various ways certain female operatives o f the comlainants while on their way to and from their work, and also in their
omes. Now these female operatives, in my judgment, have the right
to walk the streets entirely unmolested, without being jostled beyond
what is necessary for the ordinary purposes o f travel, without having
faces made at them, without having epithets cast at them, or, in fact,
anything done to make it disagreeable fo r them to go to and from
their work. They have the right to walk the streets to and from their
work precisely as if there were no strike at Frank & Dugan’s mill, and
precisely as any ordinary respectable female would have the right to
do. Now, the various acts which are charged and which are restrained
are all within the line which I have attempted to indicate.
E
DECISIONS OF COURTS AFFECTING LABOR.
1279
The next question is, W hat standing does that give the complainants,
Frank & Dugan, in this court? What right have Frank & Dugan to
come here with their bill o f complaint seeking to protect these females
in the exercise o f their undoubted right to walk the streets o f Pater-*
son unmolested? The answer to that question is that they are the
servants o f Frank & Dugan. I do not use the word “ servant” in
any menial sense. Any person who works for another for a salary
is a servant in the eye o f the law. Now, the relation o f master and
servant being shown to exist, the law is quite clear that no person
has a right to entice away another’s servant, or to prevent him from
perform ing his duties as servant. The right o f a master to have his
servant continue in his employ without molestation or enticement by
any third party is a property right, so recognized by the law, and
well within the rule laid down by Vice-Chancellor Green in Barr v.
Essex Trades Council, where he shows that the right of a man to
carry on his business is a property right. The whole object o f the
strike was to stop the works o f the complainants, and prevent any
body from working there unless thev did it upon certain terms. The
point made by the counsel for the defendants is that the means that
they are employing to attain that object are lawful, and that is the
only point I have to consider. Is it lawful at all for the defendants to
use any means to prevent these girls from working for the complain
ants beyond mere persuasion to which the operatives may be willing
to listen? And it is urged that the language found in the restraining
order goes so far as to prevent them from getting the ear of these
operatives at all and using mere persuasion.
M y answer to that
is that, if they have the right to do it at all, it must be with the
consent o f the operatives. I do not mean, however, to express the
definite opinion that the defendants have the right to entice the
emploj^ees o f the complainants to quit their work. All I mean to say
is this: Conceding that there be such a right, it can not be exercised
in such a manner as to infringe upon the private rights of the opera
tives, and thereby prevent them against their real wishes from con
tinuing to work fo r the complainants.
Now, then, I think it is quite clear from what I have said that these
defendants had no right to use the means which are forbidden by the
restraining order now brought in question to prevent these operatives
from continuing to work fo r the complainants, and that in doing so
they are inflicting an injury upon the complainants in respect to their
private rights, precisely the same as they would if they broke, inter
fered with, or clogged the engine that drove their machinery, and that
for such injury the complainants are entitled to a legal remedy by
action. Now, this being so, the next question is, W hat right have the
complainants here in this court asking fo r the restraining power o f
the court? W hy, the answer to that is tw ofold: First. It is quite
plain that the relief in damages to be recovered in an action at law is
entirely inadequate. It is quite absurd to* say that they can sue each
o f these persons, and recover damages against them in separate suits,
fo r every little act which, in the aggregate, tends to result in injury.
And, in the second place, the injury is continuing and irreparable, and
not capable o f admeasurement according to legal principles. So that
at law the remedy is entirely inadequate. It is therefore a clear case
fo r the interposition o f a court o f equity to exercise its preventive
remedy, and that is the particular sphere at this day of a court o f
1280
BULLETIN OF THE DEPARTMENT OF LABOR.
equity, as contradistinguished from a court o f law. It prevents injury.
It does not give damages for injuries already sustained, but it prevents
an injury from being inflicted.
* F o r these reasons I refuse the motion to either vary or discharge
the restraining order, and will deal with the case o f actual breach of
the restraining order upon the lines I have indicated.
On examination o f affidavits and evidence the judge found a num
ber o f the defendants guilty o f contempt and imposed a number of
fines, sentencing two to imprisonment. From this decree an appeal
was taken to the court o f errors and appeals, which was dismissed, and
a reargument was also refused, and the decree of the vice-chancellor
stood.
M ine R egulations—E ffect— Construction of Statute— Consoli
dated Coal Company v, Lundah, Supreme Court o f Illin ois, 63 N orth
eastern R eporter, page 1079.— Action was brought by Lundak, a driver
in a coal mine o f the company bringing this appeal, to recover damages
for injuries received by a fall o f slate from the roof over the track.
Judgment in his favor by the trial court was affirmed in the appellate
court o f the fourth district, and, after further appeal, by the supreme
court o f the State.
Judgment was found under the common-law principle that it is the
master’s duty to use reasonable care in providing safe and suitable
places fo r its employees to work in; but there was a contention by the
company that its rules, which were offered in evidence, exempted it
from liability. On this point Judge Cartwright, who delivered the
opinion o f the court, said:
Section 32 o f the mining law o f 1899 is as follows: “ It shall be the
duty o f every operator to post, on the engine house and at the pit top
o f his mine, in such manner that the employees o f the mine can read
them, rules not inconsistent with this act, plainly printed in the Eng
lish language, which shall govern all persons working in the mine.
And the posting o f such notice, as provided, shall charge all employees
o f such mine with legal notice o f the contents thereof.” (Laws 1899,
p. 324.) By that section it is made the duty o f the operator to pro
mulgate and post rules fo r the conduct o f his business and the govern
ment o f his employees. The duty o f the operator to establish and
post the rules, and the duty o f the miner to obey them, are reciprocal.
What counsel call “ rules,” which were offered in evidence in this case,
are merely notices and statements designed to relieve the defendant
from its duties and liabilities to its employees. W ith one exception,
they are not in the nature o f rules contemplated by the statute, as to
the manner o f conducting the business, nor regulating the employees.
They consist o f a notice that the business is dangerous, and every
employee must take constant care to avoid injury; that persons
accepting employment do it with full notice that the danger to injury
from falling roof and coal is one o f the usual risks o f the service; that
the manager does not assume that the place to which an employee is
DECISIONS OF COURTS AFFECTING LABOR.
1281
ordered is not dangerous, but every place in the mine is dangerous,
and the duty o f ascertaining the danger and avoiding it is on the
employee; and that no employee is authorized to incur any risks
relying on the timberman, and defendant, by employing timbermen,
does not agree to secure the roof o f the mine. They are nothing but
an attempt to make laws under the guise o f rules, and, so far as they
are claimed to operate as a contract against the negligence and dere
liction o f the defendant, they are void, as against public policy. (14
Am. and Eng. Enc. Law, 910.) The eleventh rule is the only one
that purports to govern the duties o f employees, and it provides that
the timberman shall have no duty except to retimber places in the
mine which have once been properly timbered and secured, and that
in no case shall he assume the duty o f securing the roof, except as
therein provided, unless expressly directed to do so by the mine man
ager. The fact that it provides that the timberman shall not perform
a duty resting upon the defendant furnishes no exemption to it. It
was the duty o f defendant to have the roof over the track where
plaintiff was required to work properly timbered and secured, and
we apprehend it would scarcely be claimed that defendant could make
a rule that it would not perform the duty, or furnish any one to do it.
Payment of W ages— Checks— W aiver of Benefit of Statute—
State v. B enn, Court o f Appeals at St. lo u is , M o., 69 Southwestern
R eporter, page
— In this case Edward Benn had been convicted o f
a violation o f section 8142, R. S. 1899, which provides that “ It shall
not be lawful fo r any person, firm or corporation to issue, pay out or
circulate, for payment o f the wages o f labor, any order, note, check,
memorandum, token, evidence o f indebtedness, or other obligation,
unless the same is negotiable and redeemable at its face value, in law
ful money o f the United States, by the person, firm or corporation
issuing the same.” An appeal resulted in the judgment being affirmed.
It appeared that Benn, who was manager for a lumber company,
had employed one Madden to work for him for a few hours, and that
at the time o f his employment Madden had been told that he would
be paid by checks or tokens issued by a firm o f merchants and accepted
by them as store orders would be. It appeared that Madden agreed
to this and accepted two checks o f a stated value of 50 cents each,
and used one at the store o f the firm issuing the checks. F or the
other he asked cash, which the merchants declined to pay. Madden
states that he then offered it to Benn, asking him to redeem it, which
he declined to do. This Benn denied. Madden next took the check
to the prosecuting attorney, who prosecuted the suit with the results
stated.
The two main contentions o f the defendant and the conclusions
o f the court relative thereto appear in the following quotations from
the remarks o f Judge Bland, who delivered the opinion o f the court:
This statute prohibits the payment o f wages of labor in any check,
etc., that is not negotiable and redeemable at its face value in lawful
1282
BULLETIN OF THE DEPARTMENT OF LABOR.
money o f the United States. Under the statute it is w holly immaterial
by whom such check, etc., is issued or put in circulation. The offense
consists in using the irredeemable check, etc., by anyone in payment of
wages o f labor. It prohibits the use o f all instruments not negotiable
and redeemable in money in the payment o f wages o f labor, and whoever
uses one fo r that purpose violates the section, regardless o f who may
have issued it or at what store it is payable in merchandise. * * *
Can the laborer contract away or waive the benefit conferred upon
him by the statute? It is contended by the appellant that he maj 9and
he moved the court to so instruct the jury. The statute was designed
to protect the laboring class from a prevalent evil, to wit, that of
receiving payment o f their wages from their employers by checks,
punch-outs, etc., redeemable in merchandise only, and usually at the
employer’s store. I f one laborer can waive or contract away the
benefit secured by the statute, so may every other laborer. I f this
can be done, what is then to hinder the persons, firms, and corpora
tions scheming to make a profit from both the labor and the wages o f
the laborer; from incorporating in the contract o f hire an express stipu
lation that the laborer waives his right to demand payment o f his wages
in money, and agrees to take a check, or what not, redeemable in mer
chandise at his employer’s store; and thus effectually nullifying the
statute? The statute is the offspring o f necessity, and is an expression
o f the legislative policy. It expresses in part the public policy o f the
State, and can not be waived or contracted away.
Railroads— I njury to Person L oading Car—F ellow Serv
Weaver v. Philadelphia and Reading R ailw ay Company,
Supreme Court o f Pennsylvania, 5% A tlan tic R eporter, page SO.— Peter
W eaver was a laborer employed by the Reading Iron Company and,
on the day o f the injury complained of, was engaged in loading a car
belonging to the defendant railroad company. The car was on a track
belonging to the iron company, and to reach the car it was necessary
to cross another track, also on the iron company’s property. These
tracks were about seven feet apart and were used for the benefit o f
the iron company, all the rolling stock being the property o f the rail
road. An employee o f the railroad directed what cars should be
switched in and drawn out fo r the iron company, while the iron com
pany directed where they should be placed for its use and when they
were ready to be drawn out. The stoppage and movements o f the
cars were directed by the iron company to suit its business purposes
and convenience. The manner and method o f stoppage and movement
were under the control o f the railroad company through its trained
railroad employees. W hile working under these conditions, W eaver
was struck by a car on the track between the mill and the track on
which stood the car he was loading, and suffered serious injury for
which he sued the railroad company, recovering damages in the court
o f common pleas o f Montour County. A n appeal to the supreme
court secured a reversal o f this decision on the ground that the case
ants—
DECISIONS OP COURTS AFFECTING LABOR.
1283
came within the act o f 1868 (P. L ., 58), which provides: 44That when
any person shall sustain personal injury or loss of life while lawfully
employed on or about the roads, works, depots, and premises o f a
railroad company, or in or about any train or car therein or thereon,
o f which company such person is not an employee, the right o f action
and recovery in all such cases against the company shall be such only
as would exist if such person were an employee.”
In considering the effect o f this statute, Judge Dean, for the court,
cited the case o f Cummings v. Railroad Co., 92 Pa. 82, in which case
a coal company was served by a track partly on its own premises and
partly on those o f a railroad company, and an employee o f the coal
company was injured by the negligent act o f an employee o f the rail
road company.
In that case it was held that “ Though the side track was on the
property of plaintiff’s employer, it nevertheless was used by the
defendant [the railroad company] by his license. The plaintiff was,
therefore, employed on or about defendant’s road, and within the very
terms o f the act o f 1868.”
Continuing, Judge Dean said:
It rarely happens that the material facts o f two cases are so nearly
alike as those in that case and in this. Appellee’s counsel undertakes
to point out a distinction between the facts in the two cases. He
argues that there was no partial ownership of the side tracks between
the employer and the railroad company, as in the Cummings case, and
no formal license in the railroad company to use the tracks of the iron
company; but these are not material facts controlling the application
of the statute. The iron company’s tracks, though upon its own land,
were constructed and located to be used by the railroad company.
W ithout a railroad it could neither bring in its raw material nor ship
out its finished product. W ith the iron company’s consent and request,
the railroad ran its rolling stock over the sidings as if they were part
o f its own property. W hat matters it whether this was by reason of an
ownership o f the land, a formal written license, or by a parol permis
sion o f the iron company? F or all the purposes of a common carrier,
the premises were the premises of the railroad company in shipping
in and out the iron company’s freight. Weaver, in the very terms o f
the act, clearly u sustained personal injury on or about the premises
o f a railroad company ” about a train or car thereon. Therefore, if
this was caused by the negligence o f the railroad company’s servants,
they were his fellow servants or coemployees, and he can not recover
from his employer.
Sunday L abor— Barbers— Constitutionality of Statute— E x
parte N ort hrup, Supreme Court o f Oregon, 69 P acific R eporter, page
— W . N. Northrap had been arrested fo r a violation o f a statute
making it “ a misdemeanor for any person or persons to carry on the
business of barberingon Sunday in O regon.” His application for a
writ o f habeas corpus had been refused by the circuit court o f Mult
1284
BULLETIN OF THE DEPARTMENT OF LABOR.
nomah County and he appealed, contending that the statute under
which he was held was unconstitutional in that it deprived him of
liberty or property without due process of law, contrary to the pro
visions o f the fourteenth amendment to the Federal Constitution; and
that it was an encroachment upon his equal rights as guaranteed by
section 1, article 1 o f the State constitution; also that it contravened
section 23, article 4 o f the same instrument.
On these points Judge W olverton, speaking fo r the Court, said in
part:
Special legislation is inhibited, by the State constitution, relative to
numerous subjects specifically designated, among which are those
enumerated in section 23, article 4, ana others that might be mentioned;
but the subject o f the legislation here inveighed against is not found
among those so designated. It can not be regarded as special legisla
tion fo r the punishment o f crimes and misdemeanors as inhibited by
subdivision 2, section 23 [of article 4] simply because it adds a penalty
fo r an infraction o f the law. The penalty is but an incident, and as the
law does not fix a different penalty for different persons falling within
its scope, and as it applies alike to every locality within the State, it
is neither special nor local within the meaning o f such subdivision;
nor does it seem to us that the act can be characterized as special legis
lation because there is no general Sunday law within the State. I f the
classification is a proper one, and the act operates alike upon every
individual o f the class, its validity can not be made to depend upon
whether or not all persons are prohibited from doing any secular busi
ness or labor on Sunday. It is admitted that it is perfectly competent,
under the constitution, to enact a law prohibiting any secular business
or labor, other than works o f necessity or mercy, upon the first day
o f the week, commonly called Sunday. So that the real and vital
question herein is whether, in a broad sense, the act under considera
tion is obnoxious as class legislation.
A ll admit the statute in question can only be sustained as a police
regulation. In State v. Petit [74 Minn. 376, 77 N. W . 225], where
the act prohibited all labor on Sunday except works o f necessity
and charity, and provided that keeping open a barber shop on Sun
day should not be deemed a work o f necessity or charity, it was
held that the classification was not purely arbitrary, but that the
apparent natural reasons suggesting the distinction were ample upon
which to support legislative discretion in adopting it. The court,
speaking through Mr. Justice Mitchell, says: “ The object o f the law
was not to interfere with those who wish to be shaved on Sunday, or
primarily to protect the proprietors o f barber shops, but mainly to
protect the employees in them, by insuring them a day o f rest.” This
case was appealed to the Supreme Court o f the United States, where
the court, speaking through Mr. Chief Justice Fuller, says: “ W e
recognize the force o f the distinction suggested, and perceive no ade
quate ground fo r interfering with the wide discretion confessedly nec
essarily exercised by the States in these matters, by holding that the
classification was so palpably arbitrary as to bring the law into conflict
with the Federal Constitution.” I f n o tin conflict with the Federal
Constitution, it is necessarily not in conflict with our own.
The judgment o f the trial court will, therefore, be affirmed.
DECISIONS OF COURTS AFFECTING LABOR.
1285
DECISIONS U NDER COMMON L A W .
D ischarge of E mployee— D amages— M oore v. Central Foundry
Company, Supreme Court o f New Jersey, 52 A tlan tic R eporter, page
292.—This was an action brought by Joseph F. M oore against the
Central Foundry Company to recover damages for breach of a written
contract o f employment. Moore had contracted for five years’ service
at the rate o f $3,500 per year, but at the end o f about a year and a half
he was discharged. On suit, the jury brought in a verdict in his favor
to the amount o f $11,958.33, being the amount he would have received
for the full term o f the contract. The company asked that this ver
dict be set aside on two grounds: First, because the weight of the
evidence was against the finding o f the jury that M oore’s discharge
was without legal justification. This contention the supreme court
overruled, holding that the testimony supported the jury. Secondly,
it was maintained that the verdict was manifestly excessive in amount.
As to this, Chief Justice Gummere, for the court said:
W e think there can be no doubt but that this is so. Although the
plaintiff had served the defendant fo r less than half the period con
tracted for, the jury have awarded him damages equal in amount to
what he would have received if he had served for the full term o f
his contract, and that, too, without any rebate for the advance in the
time o f payment. The trial judge properly instructed the jury as
to the legal principles which should govern them in making up
their verdict by directing them that they should first consider the
amount the plaintiff would have earned if he had remained in the
defendants’ employ for the full term o f the contract; that they should
then take into consideration the fact that after his discharge his time
became his own, and that it was his duty to utilize that time in
endeavoring to obtain employment elsewhere; that they should fu r
ther consider what the reasonable prospect o f his getting such employ
ment was, in view o f his age and state o f health, and deduct from the
total amount payable under the contract such sum as, in their judg
ment, the plaintiff might reasonably earn up to the expiration o f the
time for which the contract was yet to run. The refusal o f the jury
to make any deduction was tantamount to saying that the plaintiff
would be unable to obtain employment during the time specified, not
withstanding proper effort upon his part to do so. There was nothing
in the testimony submitted to warrant any such conclusion. The jury,
in determining the amount o f damages to be awarded to the plaintiff,
disregarded the instructions o f the court.
A rule was accordingly made absolute directing the plaintiff to show
cause why the verdict in his favor should not be set aside.
E mployer and E mployee— Creation of Relation— V olunteer
A ssistant— Langan v. Tyler, United States Circuit Court o f Appeals,
Second Circuit, 1 1 Federal Reporter*', page 716.—This was a suit by
the administratrix o f Thomas Langan to recover damages for his
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BULLETIN OF THE DEPARTMENT OF LABOR,
death. Langan was not employed by Tyler, but was at work a few
blocks away and was invited by one Brennan, T yler’s elevator tender,
to examine the elevator fo r the purpose o f remedying some supposed
defect. Langan was brother-in-law to the elevator tender, and had,
on the latter’s invitation, once before fixed some machineiy in T yler’s
building. No compensation was given or expected. A fter the work
was completed, the two men started to run the elevator, when a hanger
gave way and Langan was killed. There was some evidence to the
effect that Tyler was chargeable with knowledge o f a defect in the
fastening o f the hanger, which had existed for some time, the giving
way o f which was the cause o f Langan’s death.
Judgment had been in favor o f Tyler in the court below and the
case was brought to the circuit court on a writ o f error. Judge Larcomb, speaking for the court, sustained the court below, using in part
the following language:
The brief o f plaintiff seeks to sustain a right to recover upon the
principle that a master is bound to provide a safe place to work in,
and is responsible to his employee for an injury sustained by the lat
ter from a defect in the building where he works, which the employer
knew of, or might have known of, by the exercise o f ordinary care.
The only question in the case, as presented here, is whether or not
Langan’s legal relation to the defendant at the time of the accident
was that o f servant to master. Langan.was not employed by Tjder,
nor by Tyler’s agent, Talmadge. He was a volunteer, assisting his
brother-in-law at the latter’s request, without expecting any compen
sation therefor from defendant. * * * T o Brennan no authority
to employ extra help, or to select individuals to make repairs, or to
improve the running o f the elevator, was ever intrusted. The mere
circumstance that three months before he had invited his brother-inlaw to remedy the sparking at the commutator, and had told Talmadge
he did so, to which the latter did not object, is not sufficient evidence
o f authority to employ an additional temporary servant to help do the
master’s work.
The judge then discussed the cases relied upon to support the
claims o f the plaintiff, but found nothing to sustain her position, and
continued:
It will be remembered that the only negligence charged upon
defendant in the case at bar is the failure to keep the hanger securely
affixed to its place, or to discover from reasonably careful inspection
that it was loose and likely to give way under strain. This measure
o f active vigilance to secure a safe place to work in and safe appli
ances to work with may be required o f the master by the servant he
has employed, but is not due to a stranger.
E mployers’ L iability— A ssumption of Risk— L atent D angers—
Terns and New Orleans R ailroad Company et al. v. Gardner, Court o f
Civil Appeals o f Texas, 69 Southwestern R eporter, page 217.— In this
case Elza A . Gardner sued to recover damages from the railway company
DECISIONS OF COURTS AFFECTING LABOR.
1287
named above on account o f injuries received while in its employ.
The district court o f Harris County awarded damages, and the com
pany appealed, with the result that the judgment was affirmed.
It appeared that Gardner had applied fo r work in the company’s
shop and was put in charge o f a cleaning vat containing chemical and
metallic poisons in solution. This liquid was kept at a temperature o f
212° F ., and was used to dip pieces o f machinery into for the pur
pose o f removing or loosening accumulations o f grease and dirt, the
work being completed by the use o f a steam jet. Gardner inhaled
the vapors rising from the heated vat, and was also spattered on the
face and hands by the action o f the steam jet blowing against them
particles o f dirt mixed with the poisons. Plaintiff contended and
his witnesses alleged that these conditions were the cause o f his ill
health, fo r which he was seeking damages. It was in evidence that
a number o f men— 15 to 30— had worked at this vat, but none o f them
were willing to continue, and some o f them became sick, one at least
requiring medical attendance. This was the testimony of one Baker,
who had employed Gardner and put him to work. This witness also
said that he did not tell Gardner these things, because it was hard to
get a man fo r the place and he wished him to take it.
Gardner had observed that the contact with the liquid made his face
and hands sore, but claimed that he had no knowledge or reason to
suppose that more serious results would follow.
The company maintained that Gardner knew the nature o f the
ingredients and the character o f the work, and that the injuries com
plained o f were due to his inherent weakness and disease, and that he
was guilty o f contributory negligence in thus exposing himself to
hardships for which he was unfitted.
On these points Judge Gill, speaking for the Court, said:
The evidence is sufficient to support the verdict that the plaintiff’s
injuries were due to absorption o f metallic and chemical poisons,
principally lead and caustic soda, and that this was brought about by
actual contact with the poisons. The evidence was sufficient to au
thorize the trial court to submit as an issue whether the vapors contained
poison which affected plaintiff by inhalation; but whether we could
approve their verdict upon this ground alone is another question. In
the present attitude o f the case the jury are presumed to have based
their verdict upon the issue which the evidence fully sustains.
It is plain that the plaintiff is not shown to have assumed the risk,
fo r the reason that the dangers were latent, and not open to the obser
vation o f one not learned in chemistry. Plaintiff was an ordinary
laborer, did not apply fo r that particular task, claimed no special
knowledge, and the testimony o f Baker shows that he knew that plain
tiff was not aware o f the risks he was assuming, nor can we say as a
matter o f law that plaintiff should have learned by experience that the
danger o f poisoning was present. It by no means follows that surface
burns and stinging sensations produced by particles o f the liquid
would put a man o f ordinary information on notice that he was in
danger o f poison by absorption. That he was put to work there
9491— No. 43— 02------10
1288
BULLETIN OF THE DEPARTMENT OF LABOR.
without warning o f unusual danger was a tacit assurance by the mas
ter that no unusual danger was to be apprehended. The issues of
latent danger, and knowledge thereof on the part o f plaintiff, acquired
before his injuries, were properly submitted in the main charge.
E mployers’ L iability— A ssumption of R isk— Scope of E mploy
O rdinance— Stagg v. Edward Western Tea
and Spice Company, Supreme Court o f M issouri, 69 Southwestern
Reporter, page 391.— This was an action by Zenia Stagg to recover for
the death o f her husband while in the employ o f the above-named
company. Warren L. Stagg was superintendent in the company’s
factory and had charge especially o f the manufacture o f flavoring
extracts. The building in which he was employed was six stories in
height and was furnished with an elevator which was not under the
care o f an operator, but was run by anyone desiring to use it. On
each floor there were automatic safety gates, which opened when the
elevator came to the floor on which they were and closed automatically
as it passed on. On July 9, 1898, Stagg, being on the third floor,
reached over the gate and pulled the rope by which the elevator was
controlled, and, the elevator rising rapidly, he was caught by the
safety gate and carried to the top o f the entrance o f the elevator.
From this point he fell, first to the floor, and then through the
elevator shaft to the cellar, and received such injuries as to cause
death.
An ordinance o f the city o f St. Louis, where the accident complained
o f occurred, provides that “ The users o f all pow er elevators shall
employ a competent person to operate and run the same,” etc. This
ordinance and the facts above cited were made the grounds o f Mrs.
Stagg’s cause o f action, which the St. Louis circuit court held insuf
ficient. From this ruling Mrs. Stagg appealed, and the judgment of
the circuit court was affirmed.
From the remarks o f Judge Gantt, who announced the opinion of
the court, the follow ing is taken:
ment—E levators—City
The city ordinance was adopted with a view to protect passengers
and employees on elevators from dangers likely to and resulting from the
management o f elevators by incompetent operators, and provides for
their removal; but it is obvious from reading the petition that the
failure to have a competent operator on the defendant’s elevator had
no causal connection with the killing o f plaintiff’s husband. W here
no operator is appointed, and no injury results from operating the
elevator by defendant or its agents, the ordinance has no bearing on
the case, and it is unnecessary to discuss the power o f the city to pass
the same. Under the allegations o f the petition viewed in their most
favorable light for plaintiff, the failure to have a regular operator on
defendant’s elevator did not cause or contribute to the death o f plain
tiff’s husband. Plaintiff’s husband was the superintendent o f the fac
tory, knew there was no operator, and undertook to move it himself,
DECISIONS OF COURTS AFFECTING LABOR.
1289
without being required to do so. It is perfectly obvious that the
elevator, which was properly constructed and adjusted, and standing
still at the first floor, and fenced in, was incapable o f doing injury
to plaintiff’s husband; and no injurv was wrought by it until set in
motion by plaintiff’s husband. W e have then a case where the appli
ance is entirely safe when properly operated, and a servant whose usual
employment does not require him to use said appliance voluntarily
attempting to use it without any allegation that in so doing he was in
the discharge o f any duty to the master. There are few useful appli
ances which will not cause injury if improperly used; and if a servant,
without being required to do so by his employment, endeavors to use
machinery which is entirely safe in the hands o f those competent to
manage and control it, but o f which he is ignorant, he can not call
upon the master to respond if he is thereby injured, upon the plainest
principles o f justice and right. To make the master liable, the servant
must have been within the scope o f his employment by the master,
and required to use the appliance.
E mployers’ L iability— D uty of E mployer— Sufficient Number
F ellow-Servants— Supervision— H illv . B ig Creek Lumber Com
pany, Supreme Court o f Louisiana, 32 Southern R eporter, page 372.—
In this case Belle Hill sued to recover damages for the death o f her
husband, which occurred while he was in the employ o f the lumber
company. The circumstances o f his death were as follows: H ill was
one o f a crew of men engaged in feeding boards to an edger in com
pany’s mill, and on the other side o f the saw were men whose duty it
was to keep the boards straight as they left the saws and to remove all
strips and pieces o f board that would clog the movement of boards
through the edger. One o f these latter men had left bis post for a few
minutes, and a large board that Hill and a fellow-workman had fed to
the edger met an obstruction that should have been removed by the
absent employee, and being by it turned from its course, the board
was thrown violently against H ill, causing immediate death.
The trial judge examined the evidence which had been taken under
commission, no jury having been requested, and rendered a decision
in favor o f the defendant company. From this Mrs. H ill took an ap
peal to the supreme court, and secured a reversal and an award of
damages for the death o f her husband.
The follow ing syllabus by the court presents the conclusions o f law
on which its judgment was rendered:
of
1. Whatever application the 66fellow servant” doctrine may have
under the law o f Louisiana, it can not be given the effect o f defeating
recovery against the master for injury to a servant, when it is shown
that the mill, or that part o f it where the casualty occurred, was, from
the standpoint o f safety, being run with an insufficient force.
2. A master must be held responsible, not only fo r the employment
o f competent persons to do his work, but also fo r failure to employ
enough o f them to do it safely, as respects others employed, at all
times.
1290
BULLETIN OF THE DEPARTMENT OF LABOR.
3.
He must also be held responsible for such reasonably constant
and steady supervision o f his workmen that they will not be permitted
to become grossly and criminally negligent. He is in a position to
exercise that supervision; no other person is.
E mployers’ L iability— D uty to W arn E mployee of Special
Risks—M ercantile Trust Company v. Pittsburg and Western R ailw ay
Company, United States Circuit Court o f Appeals, Third C ircuit, 115
Federal R eporter, page 475.— This was a suit in equity in which Mattie
Lake sought to recover from the receiver o f the above-named railway
company damages for the death o f her husband, which she alleged to
have been occasioned by the negligence o f said receiver while in con
trol o f the railway. The case was heard by a special master to whom
it was referred by the United States circuit court for the western
district o f Pennsylvania, and was decided against the petitioner, who
then appealed to the circuit court o f appeals. The judgment o f the
circuit court was reversed and damages directed for Mrs. Lake.
It appears that John R. Lake was a brakeman employed on the rail
way named, and that on the 22d day o f March, 1898, the train on
which he was working was ordered to make a run over a portion o f
track that was unsafe by reason o f washouts resulting from a violent
storm and heavy rains. The train was a freight and was running in
two sections, Lake being on the second or rear section. The trainmen
on the first section had been properly notified to be on the lookout for
obstructions and made the run safely. The second section followed in
twenty minutes, but had no notice o f need o f caution. The train was
thrown from the track and Lake was killed.
Three grounds are assigned on which the petitioner sought to recover,
as follows:
(1) Ordering the train to make the journey without giving notice o f
the dangerous conditions, which were known to the dispatcher.
(2) Inadequate provisions for the carrying away o f surface water
accumulating at the place o f the accident.
(3) Failure and omission to furnish sufficient employees to inspect
and watch the condition o f the track and roadbed at the place o f the
accident, under the circumstances in this case.
Judge Gray, who delivered the opinion o f the court, rested his con
clusions on the first point given above. A fter reviewing the proceed
ings o f the circuit court, he said:
It was undoubtedly the duty o f the receiver to notify his employees
o f any unusual danger to which they might be exposed in the per
formance o f the service in which they were engaged, o f which he was
informed and they were not, or o f which the master was better informed
than the servant could be. To give such notice to the employee, is the
exercise o f that proper and reasonable care for the safety o f the
servant, which the law imposes as a duty upon the master.
DECISIONS OF COURTS AFFECTING LABOR.
1291
That there was necessity on this occasion fo r such a notice, even in
the opinion o f those in charge o f the railroad, is evidenced by the fact
that special warning was given to section No. 1, and that the chief dis
patcher testified that he thought and believed that he had sent a notice
to those in control o f section No. 2.
It is intimated that as the engineer and conductor, and those on board
the trains, were exposed to the storm, they knew o f its violence and
were thereby warned o f its dangers. But this is not true, in the sense
in which it must be true to relieve the respondent from liability; that
is, in the sense that the peril was an obvious one, and those exposed
to it were bound to observe it and guard themselves against it. The
violence o f the storm immediately around themselves, did not necessarily
give those on the train the information as to the results o f that storm
along the line o f the railroad, which was possessed by the dispatcher
who was in telegraphic communication wim the whole line.
The duty o f inform ing a servant o f special or extraordinary risks
connected with his service, is a primary duty o f the master, and the
delegation thereof to any inferior servant, can not relieve him o f the
responsibility imposed upon him by law. Whether the servant, to
whom such duty is delegated, be higher or lower in the scale o f employ
ment, makes no difference. By whomsoever performed, the duty is
that o f the master, and he is always responsible to the servant for its
due performance.
I njunction— I nterference with E mployees by T hird P arties—
Strikes— Contempt— United States ex rel. Guaranty Trust Company
o f New York v. H aggerty et al., United States Circuit Court, N orth
ern D istrict o f West V irginia, 116 Federal R eporter, page 510.— In
this case Thomas Haggerty and others were in court to answer for
alleged violations o f an injunction issued against them at the instance
o f the Guaranty Trust Company o f New York. This company was
the holder o f a number o f bonds o f the Clarksburg Fuel Company,
and was trustee o f a mortgage on its property, and alleged that inter
ference with the mining operations o f the fuel company would work
an injury to the said Guaranty Trust Company’s interests.
The bill praying fo r an injunction recited that certain persons, non
residents o f W est Virginia, representing the United Mine W orkers
o f America, had entered the State for the purpose o f effecting a strike
among the employees o f the Clarksburg Fuel Company in order to
aid the strike at that time prevailing in the anthracite regions o f Penn
sylvania. It was stated that meetings had been held and addresses
delivered by the persons named in the petition, with the purpose of
inflaming the miners and exciting in them a hatred and animosity
toward the proprietors o f the mines; that in some instances miners
had been assaulted, and in one case a mine head was blown up so as to
cause the suspension o f operations, and, furthermore, tended to intimi
date miners in other mines and to prevent them from continuing their
work. The bill charged, further, that the defendants and others had
entered into a combination and conspiracy to bring about a strike, and
1292
BULLETIN OF THE DEPARTMENT OF LABOR.
that some o f the employees had been induced to strike, although most
o f them preferred to work and remain in the employment o f the com
pany if they could be protected.
On a hearing before Judge Jackson the injunction was issued on
June 19, 1902, and a copy served pn the defendants in this case on the
19th and 20th days o f the same month. This injunction restrained and
forbade the defendants and all others associated or connected with
them from in any way interfering with the management, operation, or
conduct o f said mines by their owners or those operating them, either
by menaces, threats, or any character o f intimidation used to prevent
the employees o f said mines from going to and from said mines and o f
working in and about them. Entering upon the property o f the fuel
company for the purpose o f interfering with its employees or of hold
ing meetings, or holding meetings or marching on the property or on
the roads and paths upon and near the mines or near the residences o f
the miners so as to disturb, alarm, or intimidate the employees or
prevent their working in the mines, or interfering with them in pass
ing to and from their work or in any way as employees o f the Clarks
burg Fuel Company, were also forbidden.
On the afternoon o f June 20, after notice had been served upon all
the defendants, a meeting was held at a distance of about 1,000 feet
from the opening o f one o f the company’s mines, about 150 feet from
the property itself, and not far from the houses o f the miners, all of
which places were in plain view o f the persons holding the meeting.
Mrs. Mary Jones, known otherwise as “ M other” Jones, addressed
the meeting, at which time she said, according to the evidence, that
the miners were slaves and cowards and that she did not care anything
about injunctions; that if she or other agitators were arrested, others
would take their places and the injunction would not stop them. The
court was criticised and the judge called a hireling o f the coal com
pany. These statements were indorsed by Haggerty and applauded
by those present. It was in evidence that during the progress o f the
meeting the noise and confusion created by those in attendance could
be heard at the mouth o f the mine, and that those at work within were
constantly demanding news o f the proceedings, which was the occa
sion o f more or less alarm as a they were afraid o f personal injury
and o f being blown up.”
The language o f Judge Jackson in announcing the finding o f the
court was in part as follows:
The question fo r this court now to consider is whether or not the
defendants violated its order, and, if so, to determine what punishment
shall be imposed upon them for its violation. The consideration o f this
question ordinarily would involve the power o f the court to issue
injunctions in cases o f this character. This court, however, has here
tofore upon repeated occasions recognized the power o f the court to
issue injunctions in cases where there is a combination and conspiracy
DECISIONS OF COURTS AFFECTING LABOR.
1293
upon the part of any class o f people to prevent them from interfering
with the business o f others. Mr. Justice Story, in speaking of the
writ o f injunction, says “ that a writ o f injunction may be described to
be a judicial process whereby a party is required to do a particular
thing, or to refrain from doing a particular thing, according to the exi
gency o f the w rit.” A similar writ to this was in use in the days o f the
Roman Empire, and has always been in use in England from the foun
dation o f the common law. It is not the exercise o f any new power by
the court, but it is simply an application o f the writ to a new condition
o f things that exists in our day by reason o f the advancement in civi
lization. It is not my purpose to enter into any lengthy discussion of
the remedies by injunction other than to state what seems to me to be
the well-settled rule o f law in its application to strikes-^that the power
o f the court may be invoked to restrain and inhibit a combination which
is formed to induce employees who are not dissatisfied with the terms
of their employment to strike for the purpose o f inflicting injury and
damage upon the employers. (1 Eddy, Combinations, p. 423, sec. 525.)
In the case we have under consideration the bill alleges that there is a
combination o f persons who are known as “ organizers,” “ agitators,”
and “ walking delegates,” who come from other States for the purpose
o f inducing a strike in the soft-coal fields o f the State o f W est V irinia; that their object and purpose is to induce persons who are not
issatisfied with the terms o f their employment, and who are not ask
ing any increase in their wages, to cease work for their employers,
thereby inflicting great damage and injury upon them. It is to be
observed that a very large portion o f the miners in the employ o f the
Clarksburg Fuel Company do not want, in the language o f one o f the
agitators who is enjoined, “ to lay down their picks and shovels and
quit w ork.” I do not question the right o f the employees o f this
company to quit work at any time they desire to do so, unless there
is a contractual relation between them and the employer which should
control their right to quit. A t the same time I do not recognize the
right o f an employer to coerce the employees to continue their work
when they desire to quit. W hile I recognize the right for all laborers
to combine fo r the purpose o f protecting all their lawful rights, I do
not recognize the right o f laborers to conspire together to compel
employees who are not dissatisfied with their work in the mines to lay
down their picks and shovels and to quit their work, without a just or
proper reason therefor, merely to gratify a professional set o f “ agita
tors, organizers, and walking delegates,” who roam all over the coun
try as agents fo r some combination, who are vampires that live and
fatten on the honest labor o f the coal miners o f the country, and who
are busybodies creating dissatisfaction amongst a class o f people who
are quiet, well-disposed, and who do not want to be disturbed by the
unceasing agitation o f this class o f people. In the case we have under
consideration these defendants are known as professional agitators,
organizers, and walking delegates. They have nothing in common
with the people who are employed in the mines o f the Clarksburg
Fuel Company. Their mission here is to foment trouble, create dis
satisfaction among the employees in coal mines, producing strikes,
which tends greatly to damage and injure the business o f the em
ployers. In this case there is no dissatisfaction among the larger
number o f the miners. Only a small part o f them have quit the mines
from fear o f intimidation, threats, and violence, but those remaining
f
1294
BULLETIN OF THE DEPARTMENT OE LABOR.
in the mines say they will quit work unless they are protected against
the threats o f these agitators and organizers. The strong arm o f the
court o f equity is invoked in this case, not to suppress the right of
free speech, but to restrain and inhibit these defendants, whose only
purpose is to bring about strikes by trying to coerce people who are
not dissatisfied with the terms o f their employment, which results in
inflicting injury and damage to their employers, as well as the
employees.
It is apparent that, if these agitators are permitted to interfere with
the orderly, well-disposed miners who are anxious to work, and con
tented with the wages they receive, in the end this contented class o f
miners would, through fear, intimidation, as well as threats, be induced
to throw down their shovels and picks, and cease to work in the mines,
whereby the Clarksburg Fuel Company would be greatty damaged.
Under this condition ana the circumstances surrounding the mines o f
the Clarksburg Fuel Company, the plaintiff in this bill applied fo r an
injunction, which was granted by this court, to protect its property,
and to restrain the defendants in this case from interfering with its
employees in operating and working their mines. The right and power
o f a court o f equity to issue an injunction upon the allegations o f this
bill can not, at this day, be questioned. Numerous decisions could be
cited to sustain this position, but the only case that the court deems
necessary to refer to to sustain its power and authority to issue this
injunction, is the case o f In re Debs, 158 U. S. 564, 15 Sup. Ct. 900,
89 L. Ed. 1092. In the case under consideration there is no adequate
remedy at law. In fact, the law furnishes no satisfactory remedy
against irresponsible, itinerant, professional agitators unless the
powers o f the courts o f equity are invoked. This was conceded by
Debs in his testimony before the United States Strike Commission,
referred to by Justice Brewer in his case.
So far I have only considered the power and authority o f the court
to award the injunction in this case. This brings me to the considera
tion o f the question o f contempt, and whether or not the defendants
in this case have violated the injunction o f this court.
Judge Jackson then reviewed the evidence given above as to time
and place o f the meeting held, the remarks made thereat, and the
observed effect produced upon the miners at work in the mine near by.
He then said:
I reach the conclusion that the defendants in this case, who were
served with notice o f this injunction, have violated it, and have treated
with contempt the order o f this court. A s a consequence o f their
action, this court will have to punish them for their contempt in vio
lating this injunction. It would have been far better for them to have
pursued the usual legal methods by moving the court either to dissolve
or m odify the injunction; and Mrs. Jones admitted on the witness
stand that she “ knew very well that if she and her confederates
wanted to test the injunction the way to do it was to come into court
and have it dissolved.” Instead o f pursuing that course, they elected
to defy the court’s injunction and openly disregarded their duties as
good citizens o f the country by setting a precedent in open defiance
of the injunction, which tends to promote disorder, which, if per
mitted to go unpunished, would sooner or later lead to anarchy.
D e c is io n s o f c o u r t s a f f e c t i n g I a b o r .
1295
I njunctions—L abor O rganizations— M ethods and Purposes—
L iability of M embers as Conspirators—O rdering E mployees of
Receivers to Quit W ork— United States v. Weber et al., United
States Circuit Courts Western D istrict o f V irginia, llli, Federal R e
porter, page 950.— This was a proceeding against certain parties for
contempt o f court. The facts and conclusions are set forth in the
remarks o f Judge M cDowell, from which the following is quoted:
The defendants W eber and Haddow have been attached and brought
before the court on a charge o f violations o f orders o f this court made
in the case o f the M orton Trust Company against the Virginia Iron,
Coal and Coke Company. The defendants Tom Braley, Cass Braley,
and David Clarkson have been summoned by rule to show cause why
they should not be held guilty o f contempt fo r violations o f these same
orders. A ll the defendants have, in effect, denied the charges made
against them. Both the attachment and the rule were issued upon
information contained in a verified petition filed by the receivers
appointed in the above-named cause.
It is well in the outset to state that the court fully recognizes the
limitations on its powers as to contempts committed neither in the
presence o f the court nor so near thereto as to obstruct the adminis
tration o f justice. (Rev. St. sec. 725.) That there must have been
disobedience of, or resistance to, some order o f the court is essential to
constitute contempt in the case at bar.
B y the first order entered in the case o f the Morton Trust Company
against the Virginia Iron, Coal and Coke Company, the receivers
thereby appointed were directed to take possession o f and to operate
the properties o f the defendant company. By an order entered by
the late Judge Paul, district judge, on February 12, 1901, certain
named persons (not including any o f these defendants), and “ all other
parties concerned whose names be hereafter ascertained,” were
enjoined from entering upon the property o f the Virginia Iron, Coal
and Coke Company, from trespassing tnereon, and from intimidating or
coercing, or attempting to intimidate or coerce, or in any manner
interfering with the employees o f said receivers with intent to induce
them to quit the service o f said receivers, and from entering into any
conspiracy or combination fo r the purpose o f hindering or obstruct
ing the said receivers in the operation o f their business at the “ Looney
Creek Lease.” The Looney Creek Lease is the same operation that
is now alleged to have been obstructed and crippled by the acts of
these defendants.
This injunction is acknowledged to be no longer operative, having
expired by limitation, so that it is without effect, “ except in so far as
it served as a warning that the plant at Inman was under the charge
o f the court, and that interference with the employees with intent to
induce them to quit the service, or intimidating them to that end, had
been regarded by the court as a violation o f its orders.” The contents
and purport o f this injunction were evidently known to the defend
ants, as well as those o f a later order, bearing date o f October 26,
1901, in which W eber and Haddow were directed to show cause why
they should not be attached for contempt. In pursuance o f this order
1296
BULLETIN OF THE DEPARTMENT OF LABOR.
a writ o f injunction was served on W eber, the contents o f which were
known also to Haddow and doubtless to the other defendants.
A fter stating the above, Judge M cDowell, continuing, said:
Having thus set out the orders o f this court, some or all o f which
are alleged to have been disobeyed or resisted by the defendants, it
may further tend to clearness o f thought to briefly consider some
questions o f law involved in this matter. It is admitted by defendants
W eber and Haddow that they are officers o f the organization known
as the “ United Mine W orkers o f Am erica;’5 that their duties consist
in part in organizing mine workers into local lodges o f said order;
that they came to Virginia both in October, 1901, and March, 1902,
for the purpose o f organizing such lodges among the miners working
for the receivers at Inman and at Tom’s Creek, as well as among miners
working at other nearby plants. It appears from the evidence that in
western Pennsylvania, Ohio, Indiana, and Illinois the coal miners are
so nearly all members o f the organization that said regions may be
considered as “ union” territory. Further, that in West Virginia and
Virginia a great many— perhaps a majority— of the miners are not
members o f the union. It also appears that when, on a form er occa
sion or occasions, a general strike was ordered, the hopes o f the
organization were, in some measure at least, defeated because o f the
fact that the miners in W est Virginia continued at work, and the coal
thus produced went into the markets that would otherwise have been
largely dependent upon the output o f the union territory. Hence, it
seems, that the object in organizing lodges in the Virginias is to bring
the Virginia mines under the control o f the organization.
The right o f the employees o f the receivers to voluntarily join a
union that has only legal purposes in view can not be denied. M ore
over, the right to induce, by legal methods and fair moral suasion, the
employees o f the receivers to join such an organization is not denied.
But if the object o f the union is illegal, or if the methods employed by
it, either to induce acquisitions to its ranks or to accomplish its ulterior
purposes, are illegal, it appears to be well settled that the persons who
combine in such efforts are conspirators.
In the first place, it is hardly open to serious question that the ulti
mate purpose o f the union is not legal. This purpose is to secure con
trol o f mining operations, including those under the management o f
the receivers o f this court. Confessedly, control is desired fo r this
purpose: I f the union miners in some other State make complaint of
grievance,— the justness o f the complaint to be adjudged solely by the
union,—the union will be in a position to enforce compliance with
their demands by ordering and carrying into effect a general strike.
Can this court rightfully surrender control o f the works under its
charge to the United Mine W orkers? On authority it is clear that it
can not. [Cases cited.] On reason, also, it is equally clear. But a
discussion o f the reason for this rule, involving sociological questions
o f much interest, can not now be entered into.
To go further, it appears from the evidence that, in order to perfect
the control desired by the union, it is* necessary that practically all
mine workers be members o f the organization and subject to its direc
tions. In other words, it is necessary that nonunion men— men who
do not desire to join the union— be compelled to quit work. This is
one o f the avowed means to the desired end. That this is illegal and
DECISIONS OF COURTS AFFECTING LABOR.
1297
not to be tolerated needs no argument. Hence, even if it were con
ceded that the ultimate purpose is legal, yet, as a means intended to be
used to effect the ultimate purpose is illegal, it follows that a combi
nation to effect the purposes o f the union is a conspiracy.
It was proved that the number o f men in the employment o f the
receivers was only about one-third o f the number at work before the
troubles began, and that many men had been intimidated by threats
that they would be shot if they worked. Notices had been posted,
with the seal o f the local lodge and signed 44U. M. W . o f A .,” notify
ing certain classes o f employees 46to stop work,” and again 44that your
works are suspended.” Some o f these notices had been posted by
defendants Cass Braley and David Clarkson.
Judge M cDowell stated this, and said:
It is earnestly contended that the defendants W eber and Haddow
never participated in, sanctioned, or advised any o f the illegal acts
traced to some members o f the union. But the act o f the union in
ordering the coke pullers and loaders to stop work is in itself in direct
contravention o f the order o f this court directing the receivers to
operate the plant. In other words, such acts are illegal. Coupled
with the known intimidation o f some o f the employees, the above
notices can hardly be considered otherwise than an order, not to be
disobeyed with impunity, to stop work. Again, the notices contain
ing the statement that the 44works are suspended” is itself in contra
vention o f the orders o f this court. The union has never disavowed
the responsibility fo r the issuance o f the notices above mentioned.
In their bearing on the statement that the union intended to use unlaw
ful means to secure its end, the addresses made by the defendants
W eber and Haddow at the meeting on Sunday, March 2, 1902, are of
importance. According to the witness George Kilgore, who seemed
to be disinterested, what was said was that in the event men
tioned [i. e. if the men refused to join the union], the product o f the
mines would be boycotted, and all nonunion miners would be black
listed and denied work at any unionized mines.
So far the question has been discussed without particular reference
to the order o f October 26, 1901. This order specifically requires of
Haddow and W eber that they 44desist from any interference with the
employees o f the said receivers so as to affect the conduct o f the busi
ness o f the receivers.” Under attachment from this court, these
defendants were arrested on the evening o f March 12th instant. Upon
being arrested the defendant W eber, according fco disinterested wit
nesses that can not be disbelieved, put his head out o f the car window,
and, speaking to a crowd o f union men th«re collected, advised them
to 44continue their w ork,” and not to agree to anything until he and
Haddow returned. The 44w ork ” the union was then engaged in,
certainly in part at least, consisted o f intimidating nonunion men
who wished to work. The witness Baldwin testified that W eber told
him that he had violated the order o f October 26, 1901, and intended
to violate it. This witness had no interest to misstate the facts in this
respect. The conclusion is forced upon the court that both W eber
and Haddow knowingly and intentionally disobeyed the said order.
An order will be entered punishing the defendants for their contempt.
LAWS OF VARIOUS STATES RELATING TO LABOR ENACTED
SINCE JANUARY 1, 1896.
[The Second Special Report of the Department contains all laws of the various States and Terri
tories and of the United States relating to labor in force January 1, 1896. Later enactments are
reproduced in successive issues of the Bulletin from time to time as published.]
OREGON.
ACTS OF 1901.
S u n day labor— B arbering.
(Page 17.)
.
Section 1 It shall be a misdemeanor for any person or persons to carry on the
business of barbering on Sunday in Oregon.
Sec. 2. Any person or persons found guilty of violating this act shall be punished
by a fine of ten dollars or bv imprisonment in the county jail for five days for the
first offense; and by a fine of not less than twenty-five dollars nor more than fifty
dollars, or by imprisonment in the county jail for not less than ten days nor more
than twenty-five days, for the second offense, and for each subsequent offense.
Sec. 3. The term “ person” or “ persons” used in this act shall be deemed to
include partnerships and corporations.
Sec. 4. Inasmuch as there is urgent need for the relief of overworked persons
engaged in the barbering business, an emergency is hereby declared, and this act
shall be in force and effect from and after its approval by the governor.
Filed in the office of secretary of state February 11, 1901.
E xem p tion fr o m execution , etc.— W ages.
(Page 18.)
Section 1. Section 313, Title II, Chapter III, of the General Laws of Oregon is
hereby amended so as to read as follows:
Section 313. The earnings of any debtor for personal services, performed by such
debtor at any time within thirty days next preceding the service of an attachment,
execution or garnishment, shall be exempt from the effect of any such process when
it shall be made to appear b y the affidavit of such debtor, or otherwise, that such
earnings are necessary for the use of the family supported w holly or partly b y the
labor of said debtor.
Sec. 2. Inasmuch as there is some uncertainty as to the effect of the law upon the
subject of exempting the earnings of a judgment debtor, and a great necessity exists
for the amendment of the act upon that subject in the manner herein provided for,
this act shall take effect and be in force from and after its approval by the governor.
Approved February 13,1901.
P rotection o f street ra ilw ay em ployees— In closed platform s .
(Page 122.)
Section 1. Each corporation, company, and individual owning, managing, or operat
ing any street railway or line in the State of Oregon shall provide, during the months
of November, December, January, February, and March of each year, all cars run or
used on its or their respective roads with good, substantial, and sufficient vestibules
or weather guards for the reasonable protection of the employees operating passenger
cars of such corporation, company, or individual.
1298
LABOR LAWS— OREGON— ACTS OF 1901.
1299
Sec. 2. The vestibules or weather guards provided for in section 1 hereof shall be
so constructed and so maintained and adjusted upon each car during each of the said
months as to reasonably protect the employees of such corporation, company, or indi
vidual operating said passenger car from the wind, rain, or snow.
Sec. 3. Any violation of the provisions of this act shall be deemed a misdemeanor
and shall subject the owner or manager of such street railway or line to a penalty of
$100 fine for the first offense, and $100 for each and every subsequent violation thereof,
and each car run one day when not so equipped shall constitute a separate violation
hereof.
Sec. 4. P rovided however, That none of the provisions of this act shall be in force or
effect until January 1, 1902.
Sec. 5. It shall be the duty of the prosecuting attorneys of the various districts in
this State to see that the provisions of this act are strictly enforced.
Approved February 25, 1901.
M ine regulations.
(Page 151.)
S e c t io n 1. From and after the passage of this act the following bell signals shall be
used in all mines in the State of Oregon operating a steam, electrical, gasoline or other
hoisting plant to wit:
1 bell, hoist (see Rule 2 ); 1 bell, stop (see Rule 2); 2 bells, lower (see Rule 2 );
2-2 bells, calls top man to collar of shaft; 3 bells, man to be moved, run slow (see
Rule 2 ); 3-1 bells, man to be hoisted, run slow (see Rule 2 ); 3-2 bells, man to be
lowered, run slow (see Rule 2 ); 4 bells, move bucket or cage very slow; 4-1 bells,
start pump; 4-2 bells, stop pump; 1-3 bells, start air compressor; 2-3 bells, stop air
compressor; 5 bells, send down tools (see Rule 4 ); 6 bells, send down timbers (see
Rule 4 ); 7 bells, accident; 1-4 bells, foreman wanted; 2-2-2 bells, change bucket
from ore to water or vice versa; 3-2-1 bells, ready to shoot in shaft (see Rule 3).
Engineer’ s signal that he is ready to hoist, raise bucket or cage two feet and lower
it again (see Rule 3). The bucket or cage must be raised from station six feet when
not in use, notice being given to engineer to that effect, as follows: Ring one bell, hoist;
and when bucket or cage up six feet, one bell, stop. Levels shall be designated and
inserted in notice hereinafter mentioned (see Rule 1).
Levels.
2. For the purpose of enforcing and properly understanding the above
code of signals, the following rules are hereby established:
Rule 1. In giving signals make strokes on bell at regular intervals. The bar ( - )
must take the same time as for one stroke on the bell, and no more. If timber,
tools, the foreman, bucket or cage are wanted to stop at any level in the mine, signal,
b y number of strokes on the bell, the number of the level first before giving the sig
nal for timber, tools, etc. The time between the signals to be double bars (— ).
Examples: 6 — 5, would mean, stop at the sixth level with tools; 2 — 3 - 1 , would
mean, stop at the second level, man on bucket or cage, hoist; 4 — 3 - 1 , would
mean, stop at the fourth level, man on bucket or cage, hoist; 2 — 3 - 2 , would mean,
stop at the second level, man on bucket or cage, lower.
Rule 2. No person must get on or off the bucket or cage while in motion. When
men are to be hoisted or lowered, give the signal for men—men must then get on
bucket or cage—then give the signal to hoist or lower. Bell cord must be at all
times within reach of man on bucket or cage.
Rule 3. After the signal, “ ready to shoot in shaft,” engineer must give his signal,
when he is ready to hoist, i. e., raise the bucket or cage two feet, then lower it
again. Miners must then give signal, “ men to be hoisted,” then “ spit fuse,” get
on bucket or cage, and give the signal to hoist.
Rule 4. A ll timbers, tools, etc., “ longer than the depth of the bucket or cage” to
be hoisted or lowered, must be securely lashed at the upper end to the cable. Miners
must know that they will ride up or down the shaft without catching on rocks or
timbers and be thrown out.
Rule 5. The foreman will see that one printed sheet of these signals and rules for
each level, one for the collar of the shaft and one for the engine room are attached
to a board not less than twelve inches wide by thirty-six inches long, and securely
fasten the board up where the signals can be easily read at the places above stated.
Sec. 3. The above signals must be obeyed. A ny violation of the same will be
grounds for discharge of the party or parties so doing. No person, company, corpo
ration or indviduals operating a mine within the State of Oregon, shall be responsible
for accidents that may happen to men disobeying the above rules and signals. Said
S e c t io n
1800
BULLETIN OF THE DEPARTMENT OF LABOR.
rules and signals, on notice as above set out, shall be signed by the superintendent
or person having charge of the mine, who shall designate the corporation or owner of
the said mine.
S e c . 4. A n y person, company, corporation or individuals operating any mine within
the State of Oregon having in operation a steam, electrical, gasoline or other hoisting
plant as above described, w ho shall fail to com ply with the terms of this act shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a
fine of not less than $25 nor more than $250.
S e c . 5. Inasmuch as there is no law upon this subject, and it is of importance for
the safety and protection of miners and mine owners, an emergency exists, and this
act shall take effect from and after its approval by the governor.
Approved February 26,1901.
Trade-m arks, etc., o f trade unions.
S e c t io n
.
(Page 168.)
1 Whenever any person or any association or union of workingmen has
heretofore adopted or used, or shall hereafter adopt or use, any label, trade-mark,
term, design, device or form of advertisement for the purpose of designating, making
known or distinguishing any goods, wares, merchandise or other product of labor as
having been made, manufactured, produced, prepared, pa iked or put on sale by such
person or association or union of workingmen, or b y a member or members of such
association or union, it shall be unlawful to counterfeit or imitate such label, trade
mark, term, design, device or form of advertisement, or to use, sell, offer for sale, or
in any way utter or circulate any counterfeit or imitation of any such label, trade
mark, term, design, device or form of advertisement.
S e c . 2 . W hoever counterfeits or imitates any such label, trade-mark, term, design,
device or form of advertisement; or sells, offers for sale or in any way utters or cir
culates any counterfeit or imitation of any such label, trade-mark, term, design,
device or form of advertisement; or keeps or has in his possession, with intent that
the same shall be sold or disposed of, any goods, wares, merchandise or other product
of labor to which or on which any such counterfeit or imitation is printed, painted,
stamped or impressed; or knowingly sells or disposes of any goods, wares, merchan
dise or other product of labor contained in any box, case, can, or package to which
or on which any such counterfeit or imitation is attached, affixed, printed, painted,
stamped or impressed; or keeps or has in his possession, with intent that the same
shall be sold or disposed of, any goods, wares, merchandise or other product of labor,
in any box, case, can or package to which or on w hich any such counterfeit or imita
tion is attached, affixed, printed, painted, stamped or impressed, shall be punished
by a fine of not more than $500, or by imprisonment for not more than three months,
or by both such fine and imprisonment.
S e c . 3. Every such person, association or union that has heretofore adopted or
used or shall hereafter adopt or use a label, trade-mark, term, design, device or form
of advertisement as provided in section 1 of this act, may file the same for record in
the office of the secretary of state, by leaving tw o copies, counterparts or facsimiles
thereof with said secretary, and by filing therewith a sworn application specifying
the name or names of the person, association or union on whose behalf such label,
trade-mark, term, design, device or form of advertisement shall be filed, the class of
merchandise and a description of the goods to w hich it has been or is intended to be
appropriated, stating that the party so filing or on whose behalf such label, trade
mark, term, design, device or form of advertisement shall be filed, has the right to
the use of the same, that no other person, firm, association, union or corporation has
the right to such use, either in the identical form or in any such near resemblance
thereto as may be calculated to deceive, and that the facsimile or counterparts filed
therewith are true and correct. There shall be paid for such filing and recording a
fee of $1. Said secretary shall deliver to such person, association or union so filing
or causing to be filed any such label, trade-mark, term, design, device or form of
advertisement so many duly attested certificates of the recording of the same as such
person, association or union may apply for, for each of which certificates said secre
tary shall receive a fee of $1. A ny such certificate of record shall in all suits and
prosecutions under this act be sufficient proof of the adoption of such label, trade
mark, term, design, device or form of advertisement. Said secretary of state shall
not record ior any person, union or association any label, trade-mark, term, design,
device or form of advertisement that would probably be mistaken for any label,
trade-mark, term, design, device or form of advertisement theretofore filed by or on
behalf of any other person, union or association. But the said secretary shall file
and record under this act any label, trade-mark, term, design, device or form of
LABOR LAWS---- OREGON---- ACTS OF 1901.
1301
advertisement, which may have been previously filed by any person or any associa
tion or union of workingmen, provided the person, association or union seeking to
file and record under this act is the same person, association or union that previously
filed or recorded the same label, trade-mark, term, design, device or form of
advertisement.
S ec . 4. An j person who shall for himself or on behalf of any other person, asso
ciation or union, procure the filing of any label, trade-mark, term, design, device or
form of advertisement in the office of the secretary of state under the provisions of this
act, by making any false or fraudulent representations or declaration, verbally or in
writing, or by any fraudulent means, shall be liable to pay any damages sustained
in consequence o f any such filing, to be recorded [recovered] b y or on behalf of the
party injured thereby in any court having jurisdiction; and shall be punished by a
fine not exceeding $500, or by imprisonment not exceeding three months, or by both
such fine and imprisonment.
Sec. 5. Every such person, association or union adopting or using a label, trade
mark, term, design, device or form of advertisement as aforesaid may proceed by
suit for damages to enjoin the manufacture, use, display or sale of any counterfeits
thereof; and all courts of competent jurisdiction shall grant injunctions to restrain
such manufacture, use, display or sale, and award the complainant in any such suit
damages resulting from such manufacture, use, sale or display, as may be by the said
court deemed just and reasonable, and shall require the defendants to pay to such
person, association or union all profits derived from such wrongful manufacture, use,
display or sale; and such court shall also order that all such counterfeits or imitations
in the possession or under the control of any defendant in such cause be delivered to
an officer of the court, or to the complainant, to be destroyed.
S e c . 6. A ny person w ho shall use or display the genuine label, trade-mark, term,
design, device or form of advertisement of any such person, association or union in
any manner, not being authorized so to do by such person, union or association,
shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment
for not more than three months or by a fine of not more than five hundred dollars
($500). In all cases where such association or union is not incorporated, suits under
this act may be commenced and prosecuted by an officer or member of such associa
tion or union, on behalf of and for the use of such association or union.
Sec. 7. A ny person or persons who shall in any way use the name or seal of any
such person, association or union, or officer thereof, in and about the sale of goods
or otherwise, not being authorized so to use the same, shall be guilty of a misde
meanor, and shall be punishable by imprisonment for not more than three months,
or by a fine of not more than $500.
S e c . 8 . In case the plaintiff is successful in maintaining his action either for dam
ages or for permanent relief b y injunction, or for nominal damages only, he shall be
entitled to recover a reasonable attorney’ s fee, to be taxed by the court as a part of
the costs and merged in the judgment.
Approved February 27, 1901.
PENNSYLVANIA.
ACTS OF 1901.
A ct N o. 37.— R egulation ,
.
inspection , etc., o f bakeshops.
Section 1 No minor male or female, or adult woman, shall be employed at labor or
detained in any biscuit, bread, pie or cake bakery, pretzel or macaroni establish
ment, for a longer period than twelve hours in any one day, nor for a longer period
than sixty hours in any one week.
Sec. 2. A ll buildings or rooms occupied as a biscuit, bread, pretzel, pie or cake
bakery, or macaroni establishment, shall be drained and plumbed in the manner
directed by the rules and regulations governing the house drainage and plumbing, as
prescribed by law, and all rooms used for the purpose aforesaid shall be ventilated
by means of air shafts, windows or ventilating pipes, so as to insure a free circulation
of fresh air. No cellar, or basement, not now used for a bakery, shall hereafter be
occupied and used as a bakery, unless the proprietor shall have previously complied
with the sanitary provisions of this act.
Sec. 3. Every room used for the manufacture of flour or meal food products shall
have a tight floor, constructed of cement, wood, or tiles, laid in cement. The inside
walls shall be plastered, or painted with oil paint, three (3) coats, or be lime-washed.
W hen painted, shall bo renewed at least once in every five years, and shall be washed
BULLETIN OF THE DEPARTMENT OF LABOR.
1302
with hot water ana soap at least once in every three (3) months; when lime-washed,
the lime-washing shall be renewed at least once in every three (3) months. The
furniture and utensils in such room shall be so arranged that the furniture and floor
may at all times be kept in a thoroughly sanitary ana clean condition. No domestic
or pet animal shall be allowed in a room used as a biscuit, bread, pie, or cake bakery,
or in any room in such bakery where flour or meal food products are stored.
Sec. 4. The manufactured flour and meal food products shall be kept in perfectly
dry and airy rooms, so arranged that the flour, shelves, and all other places for stor
ing the same, can be easily and perfectly cleaned.
Sec. 5. Every such bakery shall be provided with a wash-room and water-closet,
or closets, apart from the bake-room or rooms, where the manufacture of such food
products is conducted, and no water-closet, earth closet, privy, or ash pit, shall be
within or communicate directly with the bake-room of any bakery.
Sec.
The sleeping room or rooms, for persons employed in bakeries, shall be
kept separate and apart from the room or rooms where flour or meal food products
are manufactured or stored. And such sleeping places, when they are on the same
floor as the bakery, shall be inspected in order to maintain them in a condition of
cleanliness.
Sec. 7. No employer shall, knowingly, require, permit or suffer, any person to
work in his bakeshop who is affected with consumption of the lungs, or with scrofu
lous diseases, or with any venereal diseases, or with any communicable skin affection;
and every employer is hereby required to maintain himself and his employees in a
clean condition while engaged in the manufacture, handling or sale of such food
products, and it is hereby made the duty of the board of health to enforce the pro
visions of this section.
Sec. 8. The factory inspector is authorized to issue a certificate of satisfactory
inspection to a person conducting a bakery, where such bakery is conducted in com
pliance with all the provisions of this act.
Sec. 9. The owner, agent or lessee of any property affected by the provisions of
sections three and five of this act, shall make the alterations or additions necessary,
within such time as said alterations can be made with proper diligence upon the part
of such proprietors, and notice to the last known address of such owner, agent or
lessee, shall be deemed sufficient for the purpose of this act.
Sec. 10. A copy of this act shall be conspicuously posted and kept posted in each
w ork room of every .bread, cake, or pie bakery, or confectionery establishment, in
this State.
Sec. 11. Any person who violates any of the provisions of this act, or refuses to
com ply with any requirements, as provided herein, of the factory inspector or his
deputy, who are hereby charged with the enforcement of this act, excepting section
seven, shall be guilty of a misdemeanor, and on conviction before any justice of the
peace, magistrate, alderman, mayor or burgess, shall be punished b y a fine of not
less than twenty nor more than fifty ($50) dollars, for a first offense; and not less
than fifty ($50) dollars nor more than one hundred ($100) dollars, for a second
offense, or imprisonment for not more than ten (10) days; and for a third offense,
b y a fine of pot less than two hundred and fifty (250) dollars and more than thirty
(30) days imprisonment.
Sec. 12. A ll the acts or parts of acts inconsistent w ith the provisions of this act are
hereby repealed.
Approved the 4th day of April, A. D. 1901.
6.
A ct N o. 84.— Trade-m arks
o f trade unions.
Section 1. An act, entitled “ An act to provide for the adoption of trade-marks,
labels, symbols or private stamps b y any incorporated or unincorporated association
or union of workingmen, and to regulate the same,” approved May twenty-one,
Anno Domini one thousand eight hundred and ninety-five, is hereby amended to
read as follows, to wit:
Section 1. Hereafter it shall be lawful for associations and unions of workingmen,
incorporated or unincorporated to adopt a label, symbol, trade-mark or private
stamp for their protection and for the purpose of designating the product of their
particular labor or workmanship, and to register the same in the manner hereinafter
provided. Every such association or union of workingmen, having adopted and
registered under the provisions of this act any trade-mark, label, symbol or private
stamp, shall have, possess and enjoy full, complete and unquestioned power and
authority to name, make, dictate and specify the conditions and limitations under
w hich the same may be used b y any person or persons employing the member or
members of said associations or unions, or manufacturing any article or articles upon
which any such trade-mark, label, symbol or private stamp may be affixed, or using
LABOR LAWS---- PENNSYLVANIA---- ACTS OF 1901.
1303
in any manner in his or their business the labor symbolized by any such trade
mark, symbol or private mark, so registered: A n d provid ed , That where two or more
organizations, associations or unions have adopted an allied crafts’ trade-mark,
label, symbol or private stamp, and granted the use of it to any person or persons,
and conflict has arisen between such grantee and any one or more of the organiza
tions having an interest in said allied crafts’ trade-mark, label, symbol or private
stamp, that any one or more of said organizations, associations or unions may
rescind the grantee’ s right to use said joint trade-mark, label, symbol or private
stamp, and the continued use of it, after notice in writing that the right thereof has
been rescinded b y any of the parties interested, shall render the grantee liable to
the penalties of this act.
Section 2. Any such association or union, having adopted any such label, symbol,
trade-mark or private stamp, may register the same in the office of the secretary of
the commonwealth, by filing a description or facsimile thereof, and upon payment
of one dollar receive a certificate of such filing, which shall be competent evidence of
such registry, in all proceedings in any court of law or equity, for the protection of
said associations or unions, or the prosecution of any offender under the provisions
of this act: P rovid ed , That notice of the intention of such filing shall be published
for three weeks in two newspapers of general circulation once a week: A n d p rovid ed
further, That no label, symbol, trade-mark or private stamp shall be admitted to
registration w hich may be readily mistaken for one already registered.
Section 3. Any person or persons counterfeiting or imitating, or using or displaying
a counterfeit or imitation of any such trade-mark, label, symbol or private stamp of
any such association or union; or of using any original or bona fide trade-mark,
label, symbol or private stamp, after the license or authority to use the same has
been rescinded or revoked by the association or union owning, controlling or having
jurisdiction over the same; and any person or persons who shall knowingly or wrong
fully use any such trade-mark, label or symbol or private stamp of such association
or union, by placing the same on goods and wares which are not the product of
members of such association or union, shall be guilty of a misdemeanor, and on con
viction thereof shall be punished by a fine of not less than one hundred ($100) dollars
and not more than one thousand ($1,000) dollars, or by imprisonment of a term not
less than one year and not more than five years, or both, in the discretion of the
court.
Section 4. In addition to the remedies provided b y this act, any association or union
having registered its trade-mark, label, symbol or private stamp, as provided by this
act, may proceed before any court having competent jurisdiction to restrain and
enjoin the use, manufacture, display or sale of any counterfeit or imitation trade
mark, label, symbol or private stamp, as aforesaid, or the continued or longer use of
any original or bona fide trade-mark, label, symbol or private stamp b y any person
or persons who may have secured the same unauthorized by the association or union
to w hich it belongs, or whose right, license or authority to use the same has been
rescinded or revoked by the association or union owning or controlling the same in
whole or in part, as hereinbefore provided: A n d provid ed , That the surrender of pos
session and re-delivery of any such trade-mark, label, symbol or private stamp may
be decreed in equity, and enforced as like decrees are now enforced: A n d p rovid ed
further , That this amendatory act shall not be construed to repeal the act amended
hereby, as to any offense committed, or as to any act done or any penalty, forfeiture
or punishment incurred, prior to the taking effect of this amendatory act; nor shall
this amendatory act be so construed as to in any way whatever effect [affect] any
such offense or act so committed or done, or any penalty, forfeiture or punishment
so incurred.
Approved the 2d day of May, A. D. 1901.
A ct N o. 163.— E m ploym en t
o f children.
Section 1. Any person, association, agency or corporation who shall take, receive,
hire, employ, use, or have in custody, any child under the age of eighteen years, or
who shall endeavor to secure by advertisement or otherwise any such minor child
for the vocation, occupation, calling, service or purpose of taking part in any theat
rical performance, or athletic exhibition, or of singing, or of placing upon musical
instruments, without the consent of the parents or legally appointed guardians of
such child having been first obtained, shall be guilty of a misdemeanor, and upon
conviction thereof before any justice of the peace, magistrate or court of record, shall
be fined not less than fifty dollars and not more than one hundred dollars. And
upon second conviction, shall be imprisoned not less than one year and not more
than three years.
Approved the 16th day of May, A. D. 1901.
9491—No. 43—02----- 11
1804
BULLETIN OF THE DEPARTMENT OF LABOR.
A ct N o. 206.—
F actory inspection— E m ploym ent o f w om en and children , etc.
Section 1. No minor male or female, or adult woman, shall be em ployed at labor
or detained in any manufacturing establishment, mercantile industry, laundry, work
shop, renovating works or printing office, for a longer period than twelve hours in
any day, nor for a longer period than sixty hours in any week.
Sec. 2. No child under thirteen years of age shall be employed in any factory,
manufacturing or mercantile industry, laundry, workshop, renovating works, or
printing office within this State.
Sec. 3. It shall be unlawful for any factory, manufacturing or mercantile industry,
laundry, workshop, renovating works, or printing office to hire or employ any child
between the ages of thirteen and sixteen years, without there is first provided and
placed on file an affidavit made by the parent or guardian stating the age, date and
place of birth of said child. If said child have no parent or guardian, then such
affidavit shall be made by the child, which affidavit shall be kept on file by the
employer, and shall be returned to the child wThen employment ceases.
Sec. 4. All persons authorized to administer oaths must examine all children as to
their ability to read and write the English language. After a careful examination,
if a child is found unable to read and write the English language, or has not attended
school as required by law, or is under thirteen years of age, it will be unlawful to
issue a certificate; ana in no case shall the officer who executes certificates charge
more than twenty-five cents for administering the oath and issuing the certificate.
Sec. 5. Every person, firm or corporation, employing men, women or children,
or either, in any factory, manufacturing or mercantile industry, laundry, workshop,
renovating works, or printing office, shall post and keep posted, in a conspicuous
place in every room where such help is employed, a printed notice, stating the num
ber of hours per day for each day of the week required of such persons; and, in every
room where children under sixteen years of age are employed, a list of their names
with their age.
Sec. 6. Every person, firm, association, individual, partnership or corporation,
employing girls or adult women in any manufacturing, mechanical or mercantile
industry, laundry, workshop, renovating works, or printing office in this State, shall
provide suitable seats for the use of the girls and women so employed, and shall
permit the use of such by them when they are not necessarily engaged in the active
duties for which they are employed.
Sec. 7. It shall be the duty of the owner, agent or lessee of any such factory,
manufacturing or mercantile industry, school, building, hospital, laundry, workshop,
renovating works or printing office, where hoisting shafts or well-holes are used, to
cause the same to be properly and substantially enclosed or secured, if in the opinion
of the inspector it is necessary, to protect the life or limbs of those employed in such
establishments. It shall be the duty of the owner, agent or lessee to provide, or
cause to be provided, such proper trap or automatic gates so fastened in or at all
elevator-ways, so as to form a substantial surface when closed, and so constructed as
to open and close by action of the elevator in its passage, either ascending or
descending.
Sec. 8. It shall also be the duty of the owner of such factory, manufacturing or
mercantile industry, laundry, workshop, renovating works or printing office, or his
agent, superintendent, or other person in charge of the same, to furnish and supply,
or cause to be furnished or supplied, in the discretion of the inspector, where dan
gerous machinery is in use, automatic shifters or other mechanical contrivances for
the purpose of tnrowing on or off belts or pulleys. A ll gearing and belting shall be
provided with proper safeguards. And no minor under sixteen years of age shall
be allowed to clean machinery while in motion. And no minor, under fourteen
years of age, shall operate or otherwise have the care or custody of an elevator.
Sec. 9. It shall be the duty of the owner or superintendent of all places subject to
the factory laws, to report, in writing, to the factory inspector all accidents or seri
ous injury done to any person in their employ, within twenty-four hours after the
accident occurs, stating as fully as possible the cause of such injury; and in all fatal
and serious accidents, the factory inspector or his deputy may subpoena witnesses,
administer oaths, and do whatever may be necessary in order to make a thorough
and complete investigation of the accident: P rovid ed , however, That the provisions
of this section shall not be construed as interfering with the duties of coroners, under
existing laws.
Sec. 10. A suitable and proper wash and dressing room and water-closets shall be
provided for males and females, where employed in factories and department stores;
and the water-closets, wash and dressing room used by females shall not adjoin those
used by males, but shall be built entirely away from them, and shall be properly
screened and ventilated, and at all tim e[s] kept in a clean condition.
Sec, 11. Not less than forty-five minutes shall be allowed for the noonday meal, in
LABOR LAWS— PENNSYLVANIA---- ACTS OF 1901.
1305
any manufacturing establishment in this State. The factory inspector, his assistant
or any of his deputies, shall have power to issue permits in special cases, allowing a
shorter mealtime at noon, and such permit must be conspicuously posted in the main
entrance of the establishment; ana such permit may be revoked at any time the
inspector deems necessary, and shall only be given where good cause can be shown.
Sec. 12. If the factory inspector or any of his deputies finds that the heating,
lighting, ventilation, or sanitary arrangement of any factory, manufacturing or mer
cantile industry, laundry, workshop, renovating work, or printing office is such as
to be injurious to the health of persons employed therein, or as to be dangerous to
employees and not sufficiently guarded; or that the vats, pans or structures filled
with molten metal or hot liquid are not surrounded with proper safeguards for pre
venting accident or injury to those employed at or near them; or if the means of
exit in case of panic or sudden alarm of any kind are not sufficient, or in accordance
with all the requirements of law, he shall notify the proprietor of such factory,
manufacturing or mercantile industry, laundry, workshop, renovating works, or
printing office to make the alterations or additions necessary, within such time as
said alterations can be made with proper diligence upon the part of such proprietors.
Sec. 13. The factory inspector and his several deputies are hereby charged with
the duty, and clothed with the power, of inspecting all hotels, school buildings,
seminaries, colleges, academies, manufacturing establishments, mercantile industries,
laundries, renovating works, printing offices, hospitals, store-houses, public halls,
and places of amusement and workshops, all of which are required by law to provide
and maintain fire escapes and appliances for the extinguishment of fire; and to com
pel the owners of all such buildings, who have not complied with the requirements
of the existing laws, to com ply therewith and provide and maintain fire escapes and
appliances for the extinguishment of fire. The fire escape shall be erected and
located by order of the factory inspector or his deputy, regardless of the exemption
granted by any board of county commissioners, fire marshals or other authorities.
Sec. 14. It shall be the duty of the owner or owners of boilers, used for the gener
ating of steam to be applied to machinery in all industrial institutions subject to
factory inspection, to furnish from time to time, as required b y the factory depart
ment, reports, or other evidence from competent authority, as to the condition of
the boilers used for the generating of steam, to the factory inspector. H e or his
deputies or other agents shall have the right, from time to time, to enter upon the
premises where such boiler or boilers are kept, for the purpose of inspecting the same
and determining their safety; and if any such boiler or boilers shall be found to be
in a dangerous condition and liable to explode, it shall be the duty of the factory
inspector or one of his deputies to notify the owner or owners thereof, his or their
agent, or engineer in charge, of such dangerous condition; and when so notified b y
the State factory inspector, his deputy or other agents, it shall be the duty of the
owner or owners thereof to immediately cease the use of said boiler or boilers until
placed in safe condition: P rovid ed , however, That section seven, thirteen and four
teen shall not apply to municipalities in this Commonwealth, where, under the
existing law, the boiler inspectors, the building or elevator inspectors, the fire mar
shal, or other officers are vested with like authority.
Sec. 15. The factory inspector, in order to more effectually carry out the provi
sions of the factory, bake-shop, sweat-shop and fire-escape laws, is hereby authorized
to appoint twenty-five (25) deputy factory inspectors, five of whom shall be women,
at a salary of twelve hundred dollars per year; a chief clerk for the department, at a
salary of sixteen hundred dollars per year; an assistant clerk and stenographer, at a
salary of eleven hundred dollars per year; and a messenger, at a salary of eight hun
dred dollars per year.
Sec. 16. The traveling expenses of each of said deputies shall be approved by the
inspector and audited by the auditor general, before payment.
Sec. 17. Said factory inspector shall have power to divide the State into districts,
and to assign one of said deputies to each district, and may transfer any of the dep
uties to other districts in case the best interests of the State require it. The inspector
shall have the power of removing any of the deputy inspectors at any time.
Sec. 18. An office shall be furnished in the capitol, which shall beset apart for the
use of the factory inspector. The factory inspector and his deputies shall have the
same power to administer oaths or affirmations as is now given to notaries public in
cases, where persons desire to verify documents connected with the proper enforce
ment of this act.
Sec. 19. A printed copy of this act shall be furnished b y the inspector to each
wrorkroom of every factory, manufacturing or mercantile industry, where persons
are employed who are affected by the provisions of this act, and it shall be the duty
of the employer of the people therein to post and keep posted said printed copy of
the law in each room.
Sec. 20. It shall be the duty of the owner, superintendent, assistant, or person in
1306
BULLETIN OF THE DEPARTMENT OF LABOR.
charge of all places subject to factory inspection, to furnish, from time to time, to
the factory inspector or his deputy tfye necessary information, and answer all ques
tions, pertaining to the factory inspection laws and necessary to the making up of
the inspector’ s report.
Sec. 21. A ny person who violates any of the provisions of this act, or who suffers
any child or female to be employed in violation of its provisions, shall be deemed
guilty of a misdemeanor, and on conviction shall be punished by fine of not more
than five hundred dollars. In all such cases the hearing shall be conducted by the
alderman or justice of the peace before whom information is lodged, and, after full
hearing of parties in interest, the alderman or justice of the peace shall impose the
fine herein provided, which shall be final unless an appeal be taken to the court of
quarter sessions within twenty days from the date of the imposition of the fine, as
herein provided.
Sec. 22. A ll acts or parts of acts inconsistent with the provisions of this act are
hereby repealed.
Approved the 29th day of May, A. D. 1901.
A ct N o. 212.— M in e
regulations— P rovision fo r cases o f accidental in ju ry .
Section 1. W ithin six (6) months after the passage of this act, it shall be unlawful
to operate any anthracite mine, employing ten (10) men or more, in the State of
Pennsylvania, unless said mine is provided with a sufficient quantity of linseed or
olive oil, bandages, linen, splints, woolen and waterproof blankets.* Said articles
shall be stored in a room, erected at a convenient place in the mine, which room
shall not be less than eight by twelve feet, and sufficiently furnished, lighted, clean
and ventilated, so that therein medical treatment may be given injured employees in
case of emergency. The furnishings shall be sufficient to accommodate two or more
persons, in a reclining and sitting posture.
Sec. 2. It shall be the duty of the mine foreman or his assistants, in case of injury
to any employee b y explosion of gas or powder, or by any cause while said miners are
at work in said mines, to at once visit the scene of acciaent, see that the injured is
carefully wrapped in woolen blankets and removed to the ‘ ‘ medical room ,” and so
treated with oils or other remedies as will add to the comfort and care of the patient.
After being treated with all the skill known to the foreman or his assistants, the
injured person shall be carefully wrapped up and sent to the surface, to be taken
home in an ambulance or to the mining hospital, as may be desired, without expense
to the injured party.
Sec. 3. W here accident to any employee involves injury to limbs or causes loss of
blood, the foreman or his assistants shall see that the bandages, splints and linen
shall be applied where necessary to prevent loss of blood and relieve pain. The
foreman shall, in all cases, see that the injured person is sent to the surface without
delay. H e shall also keep a book showing required articles on hand, name of per
sons* injured, nature of injury* treatment, and by whom treated at time of accident.
Sec. 4. It shall be the duty of the mine inspector to visit each of the medical rooms
in his district at least once in six months; see that the law is complied with; examine
records of the medical room. H e shall notify the county coroner of any neglect or
noncompliance with the provisions of this act by any operator, which information
shall be regarded as evidence on any inquest that may be held on employees, dying
from injuries received while working in such anthracite mine.
Sec. 5. The neglect or refusal to perform the duties required to be performed by
any section of this act by the parties therein required to perform them or the viola
tion of any of the requirements hereof, shall be deemed a misdemeanor, and shall,
upon conviction thereof in the court of quarter sessions of the county wherein the
misdemeanor was committed, be punishable by a fine not exceeding five hundred
dollars, or imprisonment in the county jail for a period not exceeding six months, or
both, at the discretion of the court.
Sec. 6. For any injury to employees, occasioned by any violation of the act, or any
failure to com ply with its provisions, b y any owners, operators or superintendent of
any coal mine or colliery, a right of action shall accrue to the party injured against
said owner or operator, for any direct injuries he may have sustained thereby; and
in case of loss of life, lim b or bodily power, by reason of such neglect or failure afore
said, a right of action shall accrue to the person, widow or lineal heirs, for the recov
ery of damages for the injury he or they shall have sustained.
Sec. 7. The term “ coal mine,” as herein used, includes the shafts, slopes, drifts or
inclined planes, connected with the excavations penetrating coal stratum or strata,
which excavations are ventilated by one general air current, or division thereof, and
connected b y one general system of mine railroads, over which coal may be delivered
to one or more parts outside the mine. The term ‘ ‘ mine foreman ’ * means the person
who shall have, on behalf of the operators, immediate supervision of a coal mine.
LABOR LAWS---- PENNSYLVANIA---- ACTS OP 1901.
1307
The term ‘ ‘ operator ” means any firm, corporation or individual operating any coal
mine. The term “ anthracite m ine” shall include any coal mine not now included
in the bituminous boundaries.
Sec. 8. All acts or parts of acts inconsistent herewith be and the same are hereby
repealed, and all local laws inconsistent herewith are hereby repealed.
Approved the 29th day of May, A. D. 1901.
A ct No. 245.— E xa m in a tion ,
licensing , etc., o f plum bers.
Section 1. From and after the passage of this act, it shall not be lawful for any
person or persons to carry on, or work at the business of, plumbing or house drain
age in cities of the second class of this Commonwealth, until a certificate or license
to engage in or work at said business shall have been granted said persons by the
director of the department of public safety of such cities; nor until they have regis
tered as such in the office of the board, or bureau, of health of said cities.
Sec. 2. All and every person or persons, engaged or engaging in the business or
wTork of plumbing and house drainage in said cities, shall apply in writing to the said
director of the department of public safety for such certificate or license; and if, after
proper examination made by the board or bureau of health of said cities, such per
son or persons so applying shall be found competent, the same shall be certified to
the director of said department, who shall thereupon issue a certificate or license to
such person or persons, which shall entitle him or them to carry on said business, or
work at the same. A register of all such applicants and the license or certificates
issued shall be kept in said department, which said register shall be open to the
inspection of all persons interested therein. The director of the department of pub
lic safety is hereby authorized to appoint a board of examiners; to consist of the
health officer or superintendent of the board, or bureau, of health, one plumbing
inspector, and two competent plumbers in no wise connected with the city govern
ment, w ho shall examine all applicants for license under the provisions of this act.
The said board shall make all reasonable rules, regulations and examinations, which
shall be approved by the said director. An examination of any one member of a
firm or corporation, or of the superintendent or foreman thereof, shall be deemed
sufficient. Said person or persons, firm or corporation, engaged or engaging in the
business of plumbing or house drainage, shall pay for each examination the sum of
five dollars, and each journeyman or person engaged in the work shall pay the sum
of fifty cents, which sum shall be paid into the city treasury, for the use of said
cities. The proper officers of said cities are hereby authorized to pay the plumbers
acting on said board the sum of five dollars per day, for each day or session thus
actually employed. The license or certificate granted under the provisions of this
act may be revoked for a period of ninety days, by the director of the department of
public safety, when any person or persons shall violate any of the provisions of this
act, or for any other reasonable cause.
Sec. 71. A ny person or persons who shall fail to comply with any of the provisions of
this act, regarding the procuring of a certificate or license to engage in or work at
the business of plumbing or house drainage, shall be liable to a fine of not less than
ten dollars, nor exceeding fifty dollars, for each and every day he or they shall
engage in or work at said business without having first obtained said certificate or
license; * * * which fines shall be recoverable before any alderman or police
magistrate in said cities, b y summary proceeding, and shall be sued for in the name
of said cities, and when collected shall be paid into the treasury thereof.
* Sec. 72. A ll acts or parts of acts inconsistent with the provisions of this act or sup
plied thereby, are hereby repealed.
Approved the 7th day of June, A. D. 1901.
A ct N o. 255.—
M in e regulations— Inspection.
Section 1. Article two of an act, entitled “ An act to provide for the health and
safety of persons employed in and about the anthracite coal mines of Pennsylvania,
and for the protection and preservation of property connected therewith,” approved
the second day of June, Anno Domini one thousand eight hundred and ninety-one,
[shall] be amended so as to read as follow s:
Article II.— Inspectors and Inspection Districts.
Section 1. The counties of Luzerne, Lackawanna, Carbon, Schuylkill, Northum
berland and Columbia, shall be divided into six inspection districts, as follow s:
Sec. 2. First district—The county of Luzerne. Second district—The county of
Lackawanna. Third district—The county of Carbon. Fourth district—The county
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BULLETIN OF THE DEPARTMENT OF LABOR.
of Schuylkill. Fifth district—The county of Northumberland. Sixth district—The
county of Columbia.
Sec. 3. In order to fill any vacancy that may occur in the office of inspector of
mines b y reason of the expiration of term, resignation, removal for cause or from
any other reason whatever, the judges of the court of Lackawanna County shall
appoint an examining board for the county of Lackawanna, and the judges of the
court of Luzerne County shall appoint an examining board for the counties of Car
bon and Luzerne, and the judges of Schuylkill County shall appoint an examining
board for the counties of Schuylkill, Northumberland and Columbia.
Sec. 4. The said board of examiners shall be composed of three reputable coal
miners in actual practice and two reputable mining engineers, all of w hom shall be
appointed at the first term of court in each year, to hold their places during the
year. Any vacancies that may occur in the board of examiners shall be filled by
the court as they occur. The said board of examiners shall be permitted to engage
the services of a clerk, and they, together with the clerk, shall each receive the sum
of five (5) dollars per day for every day they are actually engaged in the discharge
of their duties under this appointment, and mileage at the rate of six cents per mile
from their home to the place of meeting and return, by the nearest practicable rail
way route.
Sec. 5. Whenever candidates for the office of inspector are to be examined, the
said examiner[s] shall give public notice of the fact in not more than five newspapers
published in the inspection district, and at least two weeks before the meeting,
specifying the time and place where such meeting shall be held. The said examiners
shall be sworn to a faithful discharge of their duties, and at least four of them shall
sign a certificate, setting forth the fact of the applicants having passed a successful
examination, and w ho have answered ninety per centum of the questions; the names
of the applicants, the questions asked and answered thereto, shall be sent to the
secretary of the Commonwealth, and published in at least two papers, daily or
weekly, and shall give such certificate to only such applicant as has passed the
required examination.
Bee. 6. The said board of examiners shall hold at least one such examination dur
ing each year, at least six months before the date of the general election, in the
month of November of each year.
Sec. 7. A t the next general election in November, the qualified voters of the first
inspection district shall elect five qualified persons to act as mine inspectors of this
Commonwealth; the qualified voters of the second inspection district shall elect four
qualified persons to act as mine inspectors of this Commonwealth; the qualified
voters of the third inspection district shall elect one qualified person to act as mine
inspector of this Commonwealth; the qualified voters of the fourth inspection dis
trict shall elect four qualified persons to act as mine inspectors of this Common
wealth; the qualified voters of the fifth inspection district shall elect one qualified
person to act as mine inspector of this Commonwealth: P rovided , That the present
mine inspectors in the several inspection districts shall continue in office until the
expiration of the terms for which they have been appointed, and the number of
inspectors to be elected at the coming election shall be reduced by the number of
inspectors now regularly appointed and serving in said districts. "W hen the terms
of the present inspectors shall expire, their successors shall be elected in accordance
with the provisions of this act. A t the said first election under this act in Novem
ber, anno Domini one thousand nine hundred and two, for said inspectors, the qual
ified electors of the first inspection district shall elect two inspectors; the qualified
electors of the second inspection district shall elect two inspectors; the qualified
electors of the fourth inspection district shall elect two inspectors; the qualified elect
ors of the fifth inspection district shall elect one inspector, and the qualified electors
of the sixth inspection district shall elect one inspector. A t the expiration of theterm of office of any of the present inspectors, who hold office under the appoint
ment of the governor of the Commonwealth, the qualified electors of the third
inspection district shall elect one inspector, and as further vacancies are caused by
the expiration of the term of office of the present inspectors, the qualified electors of
the several inspection districts shall elect inspectors to take their places, beginning
with the first inspection district, then the second inspection district, third inspection
district, fourth inspection district, fifth inspection district, and sixth inspection dis
trict, until each inspection district has its full quota of elected inspectors under this
act. Said inspectors, elected under this act, shall be under the direction of the chief
of the bureau of mines, w ho shall assign districts to the several inspectors in the
respective counties in which they are elected.
Sec. 8. Candidates for the office of mine inspector shall file with the county com
missioners a certificate from the mine examining board, as above set forth, before
their names shall be allowed to go upon the ballot as provided by the county com
LABOR LAWS— PENNSYLVANIA---- ACTS OP 1901.
1309
missioners for the general election; and the name of no person shall be placed upon
the official ballot except such as has filed the certificate as herein required; and no
person shall be qualified to act as such mine inspector unless such certificate has
been previously filed with the county commissioners of his county.
Sec. 9. The person so elected must be a citizen of Pennsylvania and shall have
attained the age of thirty years. He must have a knowledge of the different systems
of work in coal mines, and he must produce satisfactory evidence to the board of
examiners of having had at least five years practical experience in anthracite coal
mines of Pennsylvania. H e must have had experience in coal mines where noxious
and explosive gases are evolved.
Before entering upon the duties of his office he shall take an oath or affirmation,
before an officer properly qualified to administer the same, that he will perform his
duties with fidelity and impartiality; w h im oath or affirmation shall be filed in the
office of the prothonotary of the county. H e shall provide himself with the most
modern instruments and appliances for carrying out the intentions of this act.
Sec. 10. The salary of each of the»said inspectors shall be three thousand dollars
per annum, w hich salary, together with the expenses incurred in carrying into effect
the provisions of this act, shall be paid by the State treasurer out of the treasury of
the Commonwealth upon the warrant of the auditor general.
Sec. 11. Each of the said inspectors shall hold said office for a term of three years
from the first Monday of January immediately succeeding his election to said office,
and until his successor is duly elected and qualified.
Sec. 12. It shall be the duty of the chief of bureau of mines and mining to direct
one or more of the inspectors who shall be elected under this act, and it shall be the
duty of said inspectors to obey said orders of the said chief of bureau of mines and
mining, to inspect such collieries as come under the act to which this act is an amend
ment in counties not mentioned in this amendment to said act, in such manner and
at such times as is required by law, and the inspector inspecting said collieries shall
make and include in his return a due report of said inspection.
Sec. 13. In case of death, resignation, removal from office, or other vacancies in
the office of mine inspector before the expiration of said term of office, the judges
of the court of common pleas of the county in which said vacancy occurs shall
appoint a duly qualified person to fill said vacancy for the unexpired term. Said
appointee to be one of the persons having filed with the county commissioners of
said county a certificate from the board of examiners, showing he passed a successful
examination before the said board, and is duly qualified as hereinbefore mentioned.
Sec. 14. In case the inspector becomes incapacitated to perform the duties of his
office for a longer period than two weeks, it shall be the duty of the judges of the
court of common pleas of the county from which said inspector was elected to depu
tize some competent person, recommended b y the board of examiners, to fill the
office of inspector until the said inspector shall be able to fulfill the duties of his office,
and the person so appointed shall be paid in the same manner as is provided for the
inspector of mines.
Sec. 15. Each of the said inspectors shall reside in the district for which he is
elected, and shall give his whole time and attention to the duties of his office. He
shall examine all the collieries in his district at least once every two months, as often
in addition thereto as the necessities of the case or the condition of the mines require.
H e shall see that every necessary precaution is taken to secure the safety of the work
men and that the provisions of this act are observed and obeyed; and he shall per
sonally visit each working face, and see that the air current is carried to the working
faces and is of sufficient quantity or volume to thoroughly ventilate the places. He
shall every three months make a report of the condition of each working face in each
colliery, on a form to be furnished to the inspectors by the chief of the bureau of
mines and mining, designating the gangway in which the working is situated, and
the breast number of said working and their condition shall be designated by the
words good, fair, or bad, as the circumstances may warrant; and the said report, or
a duplicate, shall be placed in a weather and dust proof case, with a glass front; said
case to be furnished by the operator, and placed in a conspicuous place at each mine
opening, shaft, slope or drift, so that the workmen have easy access thereto. He
snail certify in said report that the employees are hoisted to the surface of the ground
or given access thereto according to law; he shall attend every inquest held by the
coroner or his deputy upon the bodies of persons killed in or about the collieries in
his district; he shall visit the scene of the accident, for the purpose of making an
examination into the particulars of the same, wherever loss of life or serious personal
injury occurs, as elsewhere herein provided for, and make an annual report of his
proceedings to the secretary of internal affairs of the Commonwealth at the close of
every year, enumerating all the accidents in and about the collieries of his district,
marking in tabular form those accidents causing death or serious personal injury,
1310
BULLETIN OF THE DEPARTMENT OF LABOR.
the condition of the workings of the said mines with regard to the safety of the work
men therein and the ventilation thereof, and the results generally shall be fully set
forth; and such other duties as now are or hereafter may be required b y law.
Sec. 16. The nomination and election of said mine inspectors shall be under the
general election laws of this Commonwealth.
Sec. 17. The mine inspector shall have the right, and it is hereby made his duty,
to enter, inspect and examine any mine or colliery in the territory allotted to him
and the workings and machinery belonging thereto, at all reasonable times, either
by day or b y night, but not so as to obstruct or impede the working of the colliery,
and shall have power to take one or more of his fellow inspectors into or around any
mine or colliery in the territory allotted to him, for the purpose of consultation or
examination.
He shall also have the right, and it is hereby made his duty, to make inquiry into
the condition of such mine or colliery workings, machinery, ventilation, drainage,
method of lighting or using lights, ana into all matters and things connected with
or relating to, as well as to make suggestions providing for, the health and safety of
persons employed in or about the same, and especially to make inquiry whether the
provisions of this act have been complied with.
The owner, operator or superintendent of such mine or colliery is hereby required
to furnish the means necessary for such entry, inspection, examination, inquiry and
exit.
The inspector shall make a record of the visit, noting the time and material circum
stances of the inspection.
Sec. 18. No person who shall act or practice as a land agent, or as a manager or
agent of any coal mine or colliery, who is pecuniarily interested in operating any
coal mine or colliery, shall at the same time hold the office of inspector of mines
under this act.
Sec. 19. Whenever a petition signed by fifty or more reputable coal miners, or by
fifteen or more reputable coal operators, or more, or both, setting forth that any
inspector of mines neglect[s] his duties, or is incompetent, or is guilty of malfeasance
in office, it shall be the duty of the court of common pleas [of the county?] from
which said inspector was elected to issue a citation, in the name of the Common
wealth, to the said inspector to appear at not less than five days’ notice, on a day
fixed, before said court, and the court shall then proceed to inquire into and investi
gate the allegations of the petitioners. If the court finds that the said inspector is
neglectful o fh is duties, or is incompetent to perform the duties of his office for any
cause that existed previous to his election, or that has arisen since his election, or
that he is guilty of malfeasance in office, the court shall declare the said inspector
removed from office and proceed to fill the vacancy. The cost of said investigation
shall be borne by the removed inspector; but if the allegations in the petition are'
not sustained, the cost shall be paid by the treasurer of this Commonwealth upon
warrant of the auditor general, or by the petitioners in case the court finds that there
was no probable ground for said charge.
Sec. 20. The maps and plans of the mines and the records thereof, together with
all the papers relating thereto, shall be kept by the inspector, properly arranged and
preserved, in a convenient place in the territory to which the inspector has been
allotted, and shall be transferred by him, with any other property of the Common
wealth that may be in his possession, to his successor in office.
Sec. 21. This act shall go into effect from the first day of January, Anno Domini
one thousand nine hundred and two.
Sec. 22. All acts and parts of acts inconsistent with the provisions of this act are
hereby repealed.
Approved the 8th day of June, A. D. 1901.
A ct N o. 290.—
P aym ent o f wages— Taxation o f unredeem ed scrip .
Section 1. Every person, firm, partnership, corporation, or association shall, upon
the first day of November of each and every year make a report, under oath or affir
mation, to the auditor general, of the number and amount of all orders, checks,
dividers, coupons, pass-books, and all other books and papers, representing the
amount, in part or whole, of the wages or earnings of an employee, that was given,
made or issued b y him, them or it for payment of labor, and not redeemed by the
said person, firm, partnership, corporation, or association, giving, making or issuing
the same, by paying to the employee or a member of his family the full face value
of said order, cneck, divider, coupon, pass-book, or other paper, representing an
amount due for wrages or earnings, in lawful money of the United States, within (30)
days from the giving, making or issuing thereof; the honoring, though, of said order,
check, divider, coupon, pass-book, or other paper, representing an amount due for
LABOB LAWS— PENNSYLVANIA— ACTS OF 1901.
1311
wages or earnings, by a duly chartered bank, by the payment in lawful money of
the United States, to the amount of said paper, representing an amount due for
wages or earnings, is a payment, and he, they or it shall, besides other requirements
of law, pay into treasury of the Commonwealth 25 per centum on the face value of
such orders, checks, dividers, coupons, pass-books, or other paper, representing an
amount due for wages or earnings, not redeemed as aforesaid; and in case any per
son, firm, partnership, corporation, or association shall neglect or refuse to make
report, required b y this section, to the auditor general, on or before the first day
of December of each and every year, such person, firm, partnership, corporation, or
association, so neglecting or refusing, shall, besides other requirements of lawT, pay
as a penalty into the State treasury twenty-five (25) per centum, in addition to the
twenty-five (25) per centum tax imposed as aforesaid in this section, on the face
value of all such orders, checks, dividers, coupon, pass-books, or other paper, repre
senting an amount due for wages or earnings, not redeemed by paying the employee
or a member of his family in lawful money of the United States, within said thirty
(30) days, by the* person, firm, partnership, corporation, or association making,
giving, or issuing the same; the honoring of paper, representing wages or earnings,
b y a bank is a sufficient payment: P rovid ed, This act shall not apply to tools and
blasting material, and other mine supplies, furnished by the employer to the em
ployee, used by the employee at or about the employee’ s vocation; “ nor to coal
sold by the employer to the employee, nor to rent for houses leased from the em
ployer and occupied by the em ployee:” A n d provid ed fu rth er, That this act shall
not apply to moneys paid to the treasurers of the employees about coal mines, who
have agreed to have a pro rata part of their earnings paid by the operator to such
treasurers, who are to pay check-weighmen or check-measurers.
Sec. 2. A ll acts or parts of acts inconsistent herewith are hereby repealed.
Approved the 24th day of June, A. D. 1901.
RHODE ISLAND.
ACTS OF 1901.
Chapter 809.—
State officers, etc.
Section 12. Section 3 of chapter 68 of the General Laws is hereby amended so as to
read as follows:
Section 3. There shall be two factory inspectors, one of whom shall be a woman.
The factory inspectors in office at the passage of this act shall continue to hold their
offices for the remainder of the terms for which they were respectively appointed.
A t the January session of the general assembly in the year A. D. 1903, and in each
third year thereafter, the governor, with the a#d vice and consent of the senate, shall
appoint two persons to be factory inspectors to succeed the factory inspectors then
in office; and the persons so appointed shall hold their offices until the first day of
February in the third year after their appointment.
A ny vacancy which "may occur in said offices when the senate is not in session
shall be filled by the governor until the next session thereof, when he shall, with
the advice and consent of the senate, appoint some person to fill such vacancy for
the remainder of the term. The said inspectors shall be empowered to visit and
inspect, at all reasonable hours and as often as practicable, the factories, workshops,
and other establishments in the State employing women or children, and shall make
a report to the general assembly at its January Session in each year, including in
said report the names of the factories, the number of such hands employed, and the
number of hours work performed each week. It shall also be the auty of said
inspectors to enforce the provisions of this chapter and to prosecute all violations of
the same before any court of competent jurisdiction in the State. The said inspect
ors shall devote their whole time and attention to the duties of their respective
offices. In case of any conflict of authority between the said inspectors, either of
them may apply for instructions to the governor, whose decision of the controversy,
after hearing the statement of each inspector and making such further investigation
of the circumstances as he may deem necessary, shall be final.
Sec. 13: Section 1 of chapter 70 of the General Laws is hereby amended so as to
read as follows:
Section 1. There shall be a commissioner of industrial statistics who shall per
form the duties enumerated in this chapter and such others as are or may be from
time to time provided by law. The person holding that office at the passage of this
act shall continue to hold the same for the remainder of the term for which he was
appointed. A t the January session of the general assembly in the year A. D. 1901,
1312
BULLETIN OF THE DEPARTMENT OP LABOR.
and in every second year thereafter, the governor, with the advice and consent of
the senate, shall appoint some person to be commissioner of industrial statistics to
succeed the person then holding such office; and the person so appointed shall hold
his office until the first day of February in the second year after his appointment.
A ny vacancy which may occur in said office when the senate is not in session shall
be filled by the governor until the next session thereof, when he shall, with the
advice and consent of the senate, appoint some person to fill such vacancy for the
remainder of the term. The commissioner of industrial statistics shall be ex-officio
superintendent of the census of the State and shall perform the duties prescribed in
chapter sixty-nine, and in addition thereto he shall collect, arrange, tabulate, and
publish, in a report by him to be made to the general assembly annually in January,
the facts and statistical details in relation to the condition of labor and business m
all mechanical, manufacturing, commercial, and other industrial business of the
State, and especially in relation to the social, educational, and sanitary condition of
the laboring classes, with such suggestions as he may deem to be proper for the
improvement of their condition and the bettering of their advantages for intellectual
and moral instruction, together with such other information as he may deem to be
useful to the general assembly in the proper performance of its legislative duties in
reference to the subjects in regard to which he is required to report.
Passed January 29, 1901.
Chapter 841.— E xem p tion fro m
execution , etc.— W ages.
Section 1. Clause 12 of section 5 of chapter 255 of the General Laws as amended
by chapter 751 of the Public Laws, passed May 4, 1900, is hereby amended so as to
read as follows:
Clause 12. The salary or wages due or payable to any debtor not exceeding the
sum of ten dollars, except when the cause of action is for necessaries furnished
the defendant, in which case costs shall in whole or in part or not all be allowed in
the discretion of the court.
Sec. 2. This act shall take effect on and after its passage, and all acts and parts of
acts inconsistent herewith are hereby repealed.
Passed March 28,1901.
Chapter 921.— Factories
and w orkshops— Elevators.
Section 1. Section 16 of Chapter 108 of the General Laws shall be amended so as
to read as follows:
Section 16. A ll hoistway and elevator openings through floors where there is no
shaft shall be protected by sufficient railings, gates, trapdoors or, other mechanical
devices equivalent thereto, and the same shall be kept closed in the night time or
when not in use. Every passenger elevator, except plunger-elevators, shall be pro
vided with some safety arrangement to prevent falling, and every passenger elevator
shall be fitted with some mechanical device to prevent the elevator car from being
started until the door or doors opening into the elevator shaft are closed; and no
person under the age of eighteen years shall take charge of or operate any passenger
elevator. Every person using or operating any elevator contrary to the provisions
of this and the preceding section shall be fined not less than fifty nor more than one
hundred dollars for each day that the same shall be so used or operated.
Sec. 2. This act shall take effect on and after the first day of January, A. D. 1902,
and all acts and parts of acts inconsistent herewith are hereby repealed.
Passed November 22, 1901.
SOUTH CAROLINA.
ACTS OF 1901.
A ct No. 374.— Convict
labor— Chain gangs.
Section 1. The authorities governing any city, town or village situated in counties
where county chain gangs do not exist, if they see fit so to do, may establish and
operate a chain gang for the purpose of working the streets of such city, town or vil
lage, and the public roads leading into such city, town or village.
Sec. 2. A ll able-bodied male persons convicted before the court of magistrates in
counties where no county chain gang exists, shall be sentenced according to law, to
work upon the chain gang established under this act, by the city, town or village
nearest the office of the magistrate sentencing such person.
LABOB LAWS— SOUTH CAROLINA.—-ACTS OR 1901.
1313
Sec. 3. All able-bodied male persons convicted before the court of general sessions
of counties not having county chain gangs, who are sentenced for a period of one
year or less, shall be sentenced to work upon some one of the chain gangs established
under this act.
Sec. 4. If after the passage of this act, any county which has not already estab
lished a county chain gang, should hereafter establish a county chain gang, then this
act shall not apply to such county. And if after the passage of this act any county
should abandon the county chain gang, then and in that event this act shall imme
diately become operative and of full force and effect as to such county so abandoning
the county chain-gang system.
Sec. 5. A ll acts and parts of acts inconsistent with this act are hereby repealed.
Approved the 19th day of February, A. D. 1901.
A ct N o. 378.— Convict
labor on p u blic roads , etc.
Section 1. From and after the passage of this act, the superintendent and directors
of the State penitentiary are hereby authorized and required to hire out to such of
the several counties of this State, as may desire them, all able-bodied male convicts
to hard labor in said institution to work on the public highways or the sanitary
drainage in said counties as can be spared from the State farms, and departments
connected with the State penitentiary, and the convicts sentenced to hard labor in
the State penitentiary shall not be hired out for farming purposes, and when hired
out to the counties as aforesaid, the compensation for their services shall be at the
rate of four dollars per month, with board, lodging, clothing and medical attend
ance: P rovid ed, That nothing herein contained shall apply to contracts now in force.
Approved the 21st day of February, A. D. 1901.
A ct N o. 405.— R ights
and rem edies o f em ployees on street railw ays .
Section 1. On and after the passage of this act, every employee of any street
railway doing business in this State shall have the same rights and remedies for an
injury suffered by any person from the acts of .omission of said corporations, or its
employees, as are provided by the constitution for employees of railroad corpora
tions.
Approved the 20th day of February, A. D. 1901.
A ct No. 432.— P aym en t
.
o f wages in scrip .
Section 1 It shall not be lawful for any corporation, person or firm in this State
to issue, pay out or circulate for payment of the wages of labor, any order, check,
memorandum, token or evidence of indebtedness, payable in whole or in part other
wise than in lawful money of the United-States, unless the same is negotiable and
redeemable at its face value, without discount, in cash or in goods, wares or mer
chandise or supplies, at the option of the holder, at the store or other place of busi
ness o f such firm, person or corporation, or at the store of any other person on whom
such paper may be drawn, where goods, wares or merchandise are kept for sale, sold
or exchanged, and the person who, or corporation, firm or company, which may
issue any such order, check, memorandum, token or other evidence of indebtedness,
shall, upon presentation and demand, within thirty days from date of delivery
thereof, redeem the same in goods, wares, merchandise or supplies at the current
cash market price for like goods, wares, merchandise or supplies, or in lawful money
of the United States, as may be demanded by the holder of any such order, mem
orandum, token or other evidence of indebtedness: P rovid ed , That if said corpora
tion, person or firm engaged as specified in this section have a regular pay day once
in every thirty days, then said corporation, person or firm shall not be required to
redeem such token or evidence of indebtedness in cash until the first pay aay after
the same becomes payable, as herein provided, and such token or evidence of
indebtedness shall be presented for payment in cash only on such pay days: P r o
vid ed , That the provisions of this act shall not apply to agricultural contracts or
advances made for agricultural purposes.
Sec. 2. Any officer or agent of any corporation or any person, firm or company
engaged in the business of manufacturing or mining in this State, who by themselves
or agent shall issue or circulate in payment for wages of labor any order, check,
memorandum, token or evidence of indebtedness, payable in whole or in part other
wise than in lawful money of the United States, without being negotiable and pay
able at the option of the holder in goods, wares, merchandise, supplies or lawful
money of the United States, as required by section 1 of this act, or who shall fail to
1314
BULLETIN OP THE DEPARTMENT OP LABOR.
redeem the same when presented for payment within thirty days from date or
delivery thereof, by the said company or its agent, at his or their office or place of
business, in lawful money of the United States, or who shall compel or attempt to
coerce any employee of any such corporation, shall forfeit to the employee fifty
dollars to be recovered in any court of competent jurisdiction.
Sec. 3. This act shall take effect immediately upon its approval by the governor,
and all acts and parts of acts inconsistent with this act are hereby repealed.
Approved the 20th day of February, A. D. 1901.
SOUTH DAKOTA.
ACTS OF 1901.
C hapter 113— Chapter V II.
E m ploym ent o f children.
Section 3. N o child between eight and fourteen years of age shall be employed in
any mine, factory or workshop or mercantile establishment, or, except by his parent
or guardian, in any other manner during the hours when the public schools m the
city, town, village or district, are in session unless the person, firm or corporation
employing him shall first procure a certificate from the superintendent of the schools
of the city, town or village, if one be employed, otherwise from the clerk of the
school board or board of education, stating that such child has attended school for
the period of twelve weeks during the year, as required b y law, or has been excused
from attendance as provided in section 1 of this article; and it shall be the duty of
such superintendent or clerk to furnish such certificate upon application of the parent,
guardian or other person having control of such child, entitled to the same. Every
owner, superintendent or overseer of any mine, factory, workshop, or mercantile
establishment, and any other person who shall employ any child between eight and
fourteen years of age contrary to th e‘provisions of this article, shall be deemed guilty
of a misdemeanor, and for every such offense shall upon conviction thereof, be fined
not less than ten ($10) dollars nor more than twenty ($20) dollars and costs.
Approved March 5, 1901.
TENNESSEE.
ACTS OF 1901.
Chapter 8.—
Section 3.
work. * *
*
*
*
H ou rs o f labor on pu blic roads.
* It is hereby declared that eight hours shall constitute a day’ s
C hapter 34.— E m ploym en t
o f children — A g e lim it.
Section 1. Chapter 159 of the Acts of 1893, is hereby amended so as to read as
follows:
That it shall be unlawful for a proprietor, foreman, owner or other person to
employ any child less than 14 years of age in any workshop, factory or mine in this
State; that unless said proprietor, foreman or owner shall know the age of the child,
it shall be his or their duty to require the parent or guardian to furnish a sworn
statement of its age, and any swearing falsely to such by the parent or guardian shall
be perjury and punishable as such.
That any proprietor, foreman or owner employing a child less than 14 years of
age in conflict with the provisions of this act, except where such proprietor, foreman
or owner has been furnished with a sworn statement of guardian or parent, that the
child is more than 14 years of age, shall be guilty of a misdemeanor, and upon con
viction, shall be fined not less than $25 and not more than $250.
That the grand jury shall have inquisitorial powers to investigate violations of
this act, and that judges of the circuit and criminal courts of the State shall specially
charge the grand jury at the beginning of each term of the court to investigate viola
tions of this act.
Sec. 2. This act [shall] take effect from and after its passage, the public welfare
requiring it.
Passed April 5, 1901. Approved April 10, 1901.
LABOR LAWS---- TENNESSEE---- ACTS OF 1901.
Chapter 37.— M ine
1315
regulations— E xam ination, licensing, etc., o f m ine forem en and
assistants.
Section 1. It shall be unlawful, neither shall it be permitted for any person or per
son^ to act as mine foremen, or assistant mine foremen, of any coal mine of this State
unless they are registered as a holder of a certificate of qualification under this act.
Sec. 2. A certificate of qualification to mine foremen, and assistant mine foremen
shall be granted by the secretary of state to every applicant who may be reported
by the examiners, as hereinafter provided, as having passed a satisfactory examina
tion and given satisfactory evidence of at least five (5) years’ practical experience as
a miner, and of good conduct, capability and sobriety. The certificates shall be in
manner and form as shall be prescribed by the secretary of state, and a record of all
certificates issued shall be kept in his department.
Sec. 3. For the purpose of examination of candidates for such certificates a board of
examiners shall be appointed, to consist of the commissioner of labor and mine
inspector, w ho shall act as ex-officio and be chairman of said board, one practical
miner and one owner, operator or superintendent of a mine; said miner and owner,
operator or superintendent shall be appointed b y the governor for two years.
Meetings of said board may be held at any time, and they may make such rules
and conduct such examinations as in their judgment may seem proper, for the pur
pose of such examination. Place of holding such examination shall be as nearly as
possible the center of the mining region of the State. Said board shall report their
action to the secretary of state, and at least two (2) of the members thereof shall
certify to the qualification of each candidate, who passes such examination. The
traveling expenses of said miner, and owner, operator or superintendent of the board,
together with four dollars for each day they are actually engaged therein, not to
exceed twenty (20) days in all during the two years, shall be paid by the State upon
the certificate of the chairman of said board, who shall act without extra pay, but in
no case can said members draw more money for their work than is collected as fees
and paid into the treasury by said board.
Sec. 4. Said certificates shall contain the full name, the age and place of birth of
the applicant, as also the length and nature of his previous service in or about the
coal mines, and the secretary of state shall keep a record in his department of all
certificates issued.
Sec. 5. Before certificate, as aforesaid, shall be granted, the applicants for same
shall pay to the board of examiners the following sum as fee, namely: Two dollars
for examination, to be paid before examination; one dollar for registration of certifi
cate, and one dollar for certificate. All fees so collected shall be paid by the chair
men of said board, with the treasurer of the State.
Sec. 6. N o mine shall be operated for a period longer than thirty (30) days with
out such certified mine foreman. The owner, operator or superintendent thereof
shall be subject to a fine of twenty dollars per day for each day after the said thirty
(30) days, during which the said mine is operated.
Sec. 7. In case of the loss or destruction of a certificate the secretary of state may
supply a copy thereof to the person losing same, upon the payment of the sum of
fifty cents; P rovid ed, ft shall be shown to the satisfaction of the secretary that the
loss has actually occurred.
Sec. 8. If any person or persons shall forge or counterfeit a certificate, or know
ingly make or cause to be made any false statement in any certificate, under this act,
or in any official copy of the same, or shall urge others to do so, or shall utter or
use any such forged or false certificate or unofficial copy thereof, or shall make,
give, utter, produce, or make use of any false declaration, representation or state
ment in any such certificate or copy thereof, or any document containing the same,
he, or they, shall be guilty of a misdemeanor, and upon conviction, shall be fined
not less than two hundred dollars or imprisoned fora term not exceeding six months,
nor less than three months, or both, at the discretion of the court.
Sec. 9. Any person who shall act as mine foreman, or assistant mine foreman, for
a period of more than thirty days, without being the holder of a certificate, as herein
provided, shall be guilty of a misdemeanor, and upon conviction, shall be fined not
less than fifty dollars and imprisonment at the discretion of the court.
S ec. 10. This act [shall] take effect on and after the first day of September, 1901,
the public welfare requiring it.
Passed April 9, 1901. Approved April 20, 1901.
Chapter 69.— P rotection
o f street railw ay em ployees— Inclosed p latform s.
Section 1. Street car companies operating street cars by electricity, by cable, by
horse power, or by any other motive power requiring the operator to be on the front of
1316
BULLETIN OF THE DEPARTMENT OF LABOR.
the car and outside the main body thereof, shall equip all cars with vestibules, so as to
protect employees from wind and rain: P rovid ed , That this act shall not include the
closing of the sides of the cars: A n d , provid ed fu rth er, That this act shall not apply to
cars operated from the fifteenth of March to the first of November.
Sec. 2. Street car companies which fail to observe and com ply with provisions of
the first section of this act shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than one hundred dollars nor more than five hundred
dollars for each offense.
Sec. 3. This act shall take effect from and after its passage, the public welfare
requiring it.
Passed April 20, 1901. Approved April 22, 1901.
Chapter 92.—
M in e regulations— Inspection, etc., o f oil.
Section 1. Only a pure animal or vegetable oil, or other oil as free from smoke
as a pure animal or vegetable oil, and not the product or by-product of rosin, and
which shall, on inspection, com ply with the following test, shall be used for illumi
nating purposes in the mines of the State: A ll such oils must be tested at 60 degrees
Fahrenheit. The specific gravity of the oil must not exceed 24 degrees Tagliabue.
The test of the oil must be made in a glass jar one and five-tenth inches in depth.
If the oil to be tested is below 45 degrees Fahrenheit in temperature it must be
heated until it reaches about 80 degrees Fahrenheit, and should the oil be above 45
degrees and below 60 degrees Fahrenheit, it must be raised to a temperature of about
70 degrees Fahrenheit, when, after being well shaken, it should be allowed to cool
gradually to a temperature of 60 degrees Fahrenheit before finally being tested. In
testing the gravity of the oil, the Tagliabue hydrometer must be, when possible, read
from below, and the last line w hich appears under the surface of the oil shall be re
garded as the true reading. In case the oil under test should be opaque or turbid,
one-half of the capillary attraction shall be deemed and taken to be the true reading.
W here the oil is tested under difficult circumstances, an allowance of one-half degree
may be made for possible error in parallax, before condeming the oil, for use in the
mine.
A ll oil sold to be used for illuminating purposes in the coal mines of this State
shall be contained in barrels or packages branded conspicuously with the name of
the dealer, the specific gravity of the oil, and the date .of the shipment.
Sec. 2. Any person or persons, firm or corporation which ships any oil contained
in any barrel or barrels, package or packages, which are not branded as prescribed
in section 1, said oil to be used for illuminating purposes in coal or other mines; and any
person or persons, firms or corporations which sell any oil other than that prescribed
m section 1, to be used for illuminating purposes in coal mines; and any person, firm
or corporation having in charge the operation or running of any coal mine, under his
or its charge, uses or permits the use of any oil other than that prescribed in section
1, and any miner or mine employee who uses, with a knowledge of its character, in
any coal mine in this State, any other oil than that prescribed in section 1, shall be
guilty of a misdemeanor, and on conviction, shall be fined for each offense not less
than fifty nor more than two hundred dollars, or shall be imprisoned in the county
jail not less than three nor more than twelve months, or b y both such fine and im
prisonment.
Sec. 3. It shall be the duty of the State mine inspector, in person, or by some
person designated by him, to inspect oils being used by mines to determine if the grade
is of the standard described in section 1 of this act; said inspection to be made at the
pleasure of the coal mine inspector, or person designated by him. Should he find
the grade of oil used below the grade fixed in this act, he shall notify the owner,
agent or operator of the mine, and also notify the miners using the oil that the
quality is inferior, and if change is not made as soon as practicable, be shall notify
the prosecuting attorney of the county in which the mine is located, giving him ail
the facts, and the prosecuting attorney shall forthwith proceed to enforce the provi
sions of this act.
Sec. 4. This act [shall] take effect three months after its passage, the public welfare
requiring it.
Passed January 31, 1901. Approved February 5, 1901.
Chapter 104.— D eception,
unlaw ful fo rc e, etc., in p rocu rin g em ployees.
Section 1. It shall be unlawful for any person, persons, company, corporation,
society, association or organization of any kind doing business in this State by him
LABOR LAWS---- TENNESSEE---- ACTS OF 1901.
1317
self, themselves, his, its or their agents or attorneys, to induce[,] influence, persuade
or engage workmen to change from one place to another in this State, or to bring
workmen of any class or calling into this State to work in any of the departments of
labor in this State through or by means of false or deceptive representations, false
advertising or false pretenses, concerning the kind and character of the work to be
done, or amount and character of the compensation to be paid for such work, or the
sanitary or other conditions of the employment, or as to the existence or nonexistence
of a strike, or other trouble pending between employer or employees, at the time of
or prior to such engagement. Failure to state in any advertisement, proposal or
contract for the employment of workmen that there is a strike, lockout or other
labor troubles at the place of the proposed employment, when in fact such strike,
lockout or other labor troubles then actually exist at such place, shall be deemed as
false advertisement and misrepresentation for the purposes of this act.
Sec. 2. A ny person, persons, company, corporation, society, association or organi
zation of any kind, doing business in this State, as well as his, their or its agents,
attorneys, servants, or associates, found guilty of violating section 1 of this act, or
any part thereof, shall be fined not less than $500, or confined in the county jail not
exceeding one year, or both, where the defendant or defendants is or are a natural
person or persons.
Sec. 3. Any person or persons who shall in this br another State, hire, aid, abet
or assist in hiring, through agencies or otherwise, persons to guard with arms or
deadly weapons of any kind for any such purpose without a permit from the gov
ernor of this State, shall be guilty of a felony, and on conviction thereof, shall be
imprisoned in the penitentiary not less than one year, nor more than five years;
P rovided , That nothing contained in this act shall be construed to interfere with the
right of any person, persons, or company, corporation, society, association or organi
zation in guarding or protecting their private property or private interests, as is now
provided by law; but this act shall be construed only to apply in cases where work
men are brought into this State, or induced to go from one place to another in this
State by any false pretenses, false advertising or deceptive representations, or brought
into this State under arms, or removed from one place to another in this State under
arms.
Sec. 4. Any workman of this State, or any workman of another who has or shall
be influenced, induced or persuaded, to engage with any persons mentioned in sec
tion 1 of this act, through or by means of any of the things therein prohibited, each
of such workmen shall have a right of action for recovery of all damages that each
such workman has sustained in consequence of the false or deceptive representations,
false advertising and false pretenses used to induce him to change his place of employ
ment, against any person or persons, corporations, companies or associations, directly
or indirectly, causing such damages, and in addition to all actual damages such work
men may have sustained, shall be entitled to recover such reasonable attorney’ s fees
as the court shall fix, to be taxed as costs in any judgment recovered.
Sec. 5. This act [shall] take effect from and after its passage, the public welfare
requiring it.
Passed March 12, 1901. Approved March 20, 1901.
C hapter 172.—
M in e regulations — E xa m in a tion , licensing , etc., o f m ine forem en and
assistants.
Section 1. The act entitled “ An A ct to provide for the health and safety of per
sons employed in and about the coal mines of this State [e tc .]” , passed April 9,1901,
and approved 20th day of April, 1901, is hereby amended by adding at the end of
section 3 the following: The said board provided for in this act shall grant certifi
cates of two classes, namely: certificates of one class, to be known as class “ A ” , to
persons who have had experience in mines, generating gases, or other explosive sub
stances, and who shall have the necessary qualifications to fulfill the duties of mine
foremen, and assistant mine foremen in such mines; the other class to be known as
class “ B ” , to persons who shall give satisfactory evidence of their ability to act as
foremen and assistant foremen in mines, not generating explosive gases, or other
explosive substances.
Sec. 2. Said act hereby amended is further amended by striking out “ September
1st” in the last or enacting clause of said act, and inserting in lieu thereof, “ October
1st,” so that said act shall not take effect until after October 1, 1901.
Sec. 3. This act [shall] take effect from and after its passage, the public welfare
requiring it.
Passed April 22, 1901. Approved April 22, 1901.
1318
BULLETIN OF THE DEPARTMENT OF LABOR.
TEXAS.
ACTS OF 1901.
Chapter 99.— B lacklisting .
Section 1. No corporation [,] company, or individual shall blacklist or publish,
or caused [cause] to be blacklisted or published, any employee, mechanic, or laborer
discharged by such corporation, company or individual with the intent and for the
purpose of preventing such employee, mechanic or laborer from engaging in or
securing similar or other employment from any other corporation, company or
individual.
Sec. 2. If any officer or agent of any corporation, company or individual, or other
person, shall blacklist or publish or cause to be blacklisted or published any
employee, mechanic or laborer discharged by such corporation, company or indi
vidual, with the intent and for the purpose of preventing such employee, mechanic
or laborer from engaging in or securing similar or other employment from any other
corporation, company or individual, or shall in any manner conspire or contrive by
correspondence or otherwise, to prevent such discharged employee from procuring
employment, he shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be fined not less than fifty nor more than two hundred and fifty dollars,
or be imprisoned in the county jail not less than thirty nor more than ninety days or
both.
Sec. 3. But this act shall not be construed as prohibiting any corporation, company
or individual, from giving in writing, on application from such discharged employee,
or any corporation, company or individual who may desire to employ such discharged
employee, a truthful statement of the reason for such discharge; P rovid ed , That said
written cause of discharge, when so made b y such person, agent, company or cor
poration, shall never be used as the cause for an action for libel, either civil or
criminal, against the person, agent [,] company or corporation so furnishing same.
Sec. 4. H e is guilty of blacklisting who places, or causes to be placed, the name of
any discharged employee, or any employee who has voluntarily left the service of
any individual, firm, company, or corporation on any book or list, or publishes it
in any newspaper, periodical [,] letter or circular, with the intent to prevent said
employee from securing employment of any kind with any other person, firm, cor
poration or company, either in a public or private capacity.
Sec. 5. A ll laws in conflict with the provisions of this act are hereby repealed.
Approved April 17, 1901.
C hapter 112.—
P aym en t o f wages in scrip .
Section 1. Hereafter it shall be unlawful for any person, firm, association of per
sons, corporation, or agent of either, to issue any ticket, check or writing obligatory,
to any servant or employee for labor redeemable or payable only in goods or mer
chandise, and all such tickets, checks or writing obligatory so issued, shall be redeem
able and payable in current funds of the United States of America, or in goods or
merchandise at the option of the holder thereof. And any contract or agreement to
take and receive such tickets, checks or writing obligatory, redeemable only in goods
or merchandise shall be null and void, and as against public policy; P rovid ed , That
this act shall not apply to any person, firm or corporation having a monthly pay-day,
and whose employees or laborers are paid regularly once a month in current funds
of the United States, and whose checks, coupons and writings obligatory payable in
merchandise only, are issued at the instance and request of such laborers or employees
made during the current month and before said monthly pay day. This act shall not
apply to merchants who issue coupon books to tenants working on farms.
Sec. 2. Any person, or the agent or [of?] any person, firm, association of persons
or corporation, who shall violate any provisions in the foregoing section shall be
deemed guilty of a misdemeanor and on conviction shall be punished by a fine of not
less than five nor more than one hundred dollars, or by imprisonment m the county
jail for a period of not less than five nor more than sixty days.
Sec. 3. The fact that there is no law now which protects laborers from the impo
sition of their employees [employers] by the evils herein sought to be remedied,
creates an emergency and an imperative public necessity that the constitutional rule
requiring bills to be read on three several days be suspended and that this act take
effect and be in force from and after its passage and it is so enacted.
Approved April 18, 1901.
LABOR LAWS---- TEXAS---- ACTS OF 1901.
Chapter 114.— Convict
1319
labor on pu blic roads .
Section 3. The commissioners court shall require all male county convicts, not
otherwise employed, to labor on the public roads, under such regulations as they
may prescribe, and each convict so worked shall receive a credit of fifty cents on
his fine first and then on the costs, for each day he may labor. * * *
Approved April 18, 1901.
WASHINGTON.
ACTS OF 1901.
Chapter 61.— E xa m in a tion ,
licensing , etc., o f plum bers.
Section 1. Any person, firm or corporation now, or that may hereafter be engaged
in, or working at the business in cities of the first class, this State, either as a
master or employing plumber or as a journeyman plumber, shall first secure a license
therefor in accordance with the provisions of this act.
Sec. 2. Any person desiring to engage in or work at the business of plumbing,
either as a master or employing plumber, or as a journeyman plumber, in any city
of the first class, shall apply to the president of the board of health or other officer
having jurisdiction in the locality where he intends to engage in or work at such
business, and shall at such time and place as may be designated by the board of
examiners hereinafter provided for, to whom such application shall be referred, be
examined as to his qualifications for such business. . In case of a firm or corporation,
the examination or licensing of any one member of such firm or the manager of such
corporation shall satisfy the requirements of this act: P rovid ed , however, That actual
work of plumbing may be performed only b y persons qualified and licensed as in
this act provided: P rovid ed , That it shall not be necessary for any person to have
a license to make connections with city water mains or make water connections not
connecting with sewers; the approval of the work by the city water inspector, or
other officer designated in the city, shall be sufficient for the purposes of this act.
Sec. 3. There shall be in every city of the first class, having a system of water
supply and sewerage, a board of examiners consisting of the president of the board
of health, the inspector of plumbing of said city, if any there be, and three members
who shall be practical plumbers (two shall be master plumbers, one shall be a jour
neyman plum ber); the president of the board of health and the inspector of plumb
ing shall be members, ex officio, of said board and serve without compensation: P ro
vided , That in localities where the required number of plumbers can not be secured,
such vacancies may be filled by the appointment of reputable physicians. Said
members shall be appointed b y the board of health; if there be no board of health
or health officer of said city, the mayor of said city shall, within three months from
and after the passage of this act, appoint said board of examiners, for the term of
one year, said appointment to date from the first day of July, 1901, and thereafter
annually, and said appointed members of such board shall serve without compensa
tion: P rovided , That if in any such city there is no inspector of plumbing, said board
of health shall appoint a fourth member of said board of examiners, w ho shall be a
practical plumber, and whose term of office shall be the same as heretofore provided
for said three members.
Sec. 4. Said board of examiners shall, within ten days after the appointment of
said members, meet and organize by the selection of a chairman, and shall designate
the time and place for the examination of applicants desiring to engage in or at the
business of plumbing within their respective jurisdictions. Said board shall
examine said applicants as to their practical knowledge of plumbing, house drain
age and plumbing ventilation, and if satisfied of the competency of the applicant,
shall so certify to the board of health. Such board shall thereupon issue a license to
such applicant, authorizing him to engage in or at the business of plumbing, either
as a master or employing plumber, or as a journeyman plumber. The fee for a
license for a master or employing plumber shall be five dollars; for journeyman
plumber shall be one dollar. Said license shall be valid and have force in district
where issued, and shall be renewed annually upon payment of one dollar.
Sec. 7. A n y person violating any provisions of this act shall be deemed guilty of
a misdemeanor, and be subject to a fine not exceeding fifty dollars, nor less than five
dollars,’ for each and every violation thereof. The license of any master or journey
man plumber may be at any time revoked for incompetency, dereliction of duty, or
other sufficient causes, after a full and fair hearing by a majority of the examining
board; but an appeal may be taken from said examining board to the State board
9491—No. 43—02-----12
1320
BULLETIN OF THE DEPARTMENT OF LABOR,
of health, and license may be revoked b y the examining board provided in section
three of this act.
Sec. 8. A ll money derived from the licenses issued to applicants shall go to defray
the expense of holding such examinations and other necessary expenses of the
board of health at place where examination was held.
Approved by the governor, March 8, 1901.
Chapter 67.— E xa m in a tion ,
licensing , etc., ofh orsesh oers.
Section 1. No person shall practice horseshoeing either as a master horseshoer or
as a journeyman horseshoer for hire in any city of first, second and third class in this
State, unless he has duly registered as hereinafter provided, in a book kept for that
purpose in the office of the city clerk of the city in w hich he practices: P rovid ed ,
however, That any person who has duly registered under the provisions of the act of
the legislature of this State, entitled “ An act requiring horseshoers to pass an exam
ination and providing for a board of examiners,” approved March 13,1899, need not
again register under the provisions of this act.
Sec. 2. The city clerk of each city of first, second and third class in this State, shall
keep a book in his office to be known as a master's and journeyman horseshoer’ s
register, in which shall be recorded the names of all master and journeymen horse
shoers entitled to continue the practice of horseshoeing in such city.
Sec. 3. Any person who at the time of the passage of this act is practicing as a
master or journeyman horseshoer in any city of the second or third class in this
State, may register within sixty (60) days after the passage of this act, after making
and filing with the clerk of the city in which he practices, an affidavit stating that he
was practicing horseshoeing at the time of the passage of this act, and such register
shall exempt him from the provisions of the act requiring an examination. No per
son shall be entitled to register as a master or journeyman horseshoer without pre
senting a certificate of satisfactory examination from the horseshoers’ board of
examiners, from the city in which he desires to practice, as provided for in section
five of this act, and whose qualification and examination shall be that he has served
an apprenticeship at horseshoeing at least three years: P rovided , That this section
shall not be so construed as to prohibit any person who has made application for
examination, to practice horseshoeing under the direct supervision of a person who
has passed such examination, while the board of examiners is acting upon or defer
ring upon such application.
Sec. 4. In every city affected by this act, there shall be appointed a board of
examiners consisting of one veterinary and two master horseshoers and two jour
neyman horseshoers which shall be called “ horseshoers board of examiners,” who
shall be residents of such city, and whose duty it shall be to carry out the provi
sions of this act, and shall have a power to fix a standard of examinations to test the
qualifications of applicants. The members of said board shall be appointed b y the
mayor of such city, and the term of office shall be five (5) years, except that the
members of said board first appointed shall hold office for the term of one, two,
three, four and five years, as designated by the mayor and until their successors shall
be duly appointed. The board of examiners shall have a regular place of meeting
and shall hold sessions for the purpose of examining applicants desiring to practice
horseshoeing as master or journeyman horseshoers in each city affected by this act,
not later than three days after applications have been presented to them, and shall
grant a certificate to any person showing himself qualified to practice, and the board
shall receive as compensation a fee not exceeding ten ($10) dollars from each person
examined. Three members of said board constitute a quorum.
Sec. 5. Every applicant who shall have complied with the provisions of sections four
and five of this act, shall be admitted to register and shall pay the city treasurer of
the city in which he desires to register the sum of fifty (50) cents, which shall be
received as full compensation for such registration.
Sec. 6. Any person who shall present to the clerk for the purpose of registration
any certificate w hich has been fraudulently obtained, or shall in any wise knowingly
violate or neglect to com ply with any of the provisions of this act, shall be guilty of
a misdemeanor and shall, for each and every offense, be punished by a fine of not
less than ten ($10) or more than one hundred ($100) dollars, or by imprisonment in
the county jail for a term of not less than ten (10) days or more than thirty (30)
days, or b y both fine and imprisonment.
Sec. 7. An act requiring horseshoers to pass examinations passed b y the legisla
ture of the State of Washington and approved b y the governor March 13, 1899,
entitled “ An act requiring horseshoers to pass an examination and providing for a
LABOR LAWS— WASHINGTON— ACTS OF 1901.
1321
board of examiners,” is hereby repealed: P rovid ed , Such repeal shall not effect
[affect] any rights existing under said act nor proceedings pending thereunder.
Approved b y the governor, March 11,1901.
Chapter 68.—
E m p loym en t o f wom en— H o u rs o f labor — Seats.
Section 1. No female shall be employed in any mechanical or mercantile estab
lishment, laundry, hotel, or restaurant in this State more than ten hours during any
day. The hours of work may be so arranged as to permit the employment of females
at any time so that they shall not work more than ten hours during the twenty-four.
Sec. 2. Every employer in establishments where females are employed shall pro
vide suitable seats for them and shall permit the use of such seats b y them when they
are not engaged in the active duties for which they are employed.
Sec. 3. A ny employer, overseer, superintendent, or other agent of any such
employer who shall violate any of the provisions of this act, shall, upon conviction
thereof, be fined for each offense in a sum not less than ten dollars nor more than
twenty-five dollars.
Approved b y the governor, March 11, 1901.
Chapter 74.— B u reau
o f L a b or .
Section 1. A commissioner of labor shall be appointed b y the governor; he,
together with the inspector of coal mines, shall constitute a bureau of labor. On the
first Monday in April, in 1897, and every four years thereafter, the governor shall
appoint a suitable person to act as commissioner of labor, and as factory, m ill and
railroad inspector who shall hold office until his successor shall be appointed and
qualified.
Sec. 2. It shall be the duty of such officer and employees of the said bureau to
cause to be enforced all laws regulating the employment of children, minors and
women, all laws established for the protection of the health, lives and limbs of oper
ators in workshops, factories, mills and mines, on railroads and other places, and
all laws enacted for the protection of the working classes, and declaim it a misde
meanor on the part of the employers to require as a condition of employment the
surrender of any rights or citizenship, laws regulating and prescribing the qualifica
tions of persons in trades and handicrafts, and similar laws now in force or hereaf
ter to be enacted. It shall also be the duty of officers and employees of the bureau
to collect, assort, arrange and present in biennial reports to the legislature, on or
before the first Monday in January, statistical details relating to all departments of
labor in the State; to the subjects of corporations, strikes or other labor difficulties;
to trade unions and other labor organizations and their effect upon labor and capital;
and to such other matters relating to the commercial, industrial, social, educational,
moral and sanitary conditions of the laboring classes, and the permanent prosperity
of the respective industries of the State as the bureau may be able to gather. In its
biennial report the bureau shall also give account of all proceedings of its officers and
employees which have been taken in accordance with the provisions of this act or of
any other acts herein referred to, including a statement of all violations of law which
have been observed, and the proceedings under the same, and shall join with such
accounts and such remarks, suggestions and recommendations as the commissioner
may deem necessary.
Sec. 3. It shall be the duty of every owner, operator or manager of every
factory, workshop, mill, mine or other establishment where labor is employed, to
make to the bureau, upon blanks furnished b y said bureau, such reports and returns
as the said bureau may require, for the purpose of compiling such labor statistics as
are authorized by this act, and the owner or business manager shall make such reports
and returns within the time prescribed therefor b y the commissioner of labor, and
shall certify to the correctness of the same. In the reports of said bureau no use shall
be made of the names of individuals, firms or corporations supplying the information
called for by this section, such information being deemed confidential, and not for
the purpose of disclosing personal affairs, and any officer, agent or employee of said
bureau violating this provision shall be fined in the sum not exceeding five hundred
dollars, or being imprisoned for not more than one year.
Sec. 4. The commissioner of the bureau of labor shall have the power to issue suboenas, administer oaths and take testimony in all matters relating to the duties
erein required b y such bureau, such testimony to be taken in some suitable place in
the [vicinity] to w hich testimony is applicable. Witnesses subpoenaed and testify
E
1322
BULLETIN OF THE DEPARTMENT OF LABOR.
ing before any officer of the said bureau shall be paid the same fees as witnesses before
a superior court, such payment to be made from the contingent fund of the bureau.
A ny person duly subpoenaed under provisions of this section [w h o] shall willfully
neglect or refuse to attend or testify at the time and place named in the subpoena, shall
be guilty of a misdemeanor, and, upon conviction thereof, before any court of com
petent jurisdiction, shall be punished by a fine not less than twenty-five dollars or
more than one hundred dollars, or by imprisonment in the county jail not exceeding
thirty days.
Sec. 5. The commissioner of labor, the coal mine inspector or any employee of
the bureau of labor, shall have power to enter any factory, mill, mine, office, work
shop or public or private works at any time for the purpose of gathering facts and
statistics such as are contemplated by this act, and to examine into the methods of
protection from danger to employees, and the sanitary conditions in and around
such buildings and places and make a record thereof, and any owner or occupant of
said factory, mill, mine, office or workshop or public or private works, or his agent
or agents, who shall refuse to allow an inspector or employee of the said bureau to
enter, shall be deemed guilty of a misdemeanor, ana, upon conviction thereof,
before any court of competent jurisdiction, shall be punished by a fine of not less
than twenty-five dollars nor more than one hundred dollars, or be imprisoned in the
county jail not to exceed ninety days, for each and every offense.
Sec. 6. No report or return made to the said bureau in accordance with the pro
visions of this act, and no schedule, record or document gathered or returned by the
commissioner or inspector, thereof, such reports, schedules and documents being
declared public documents. A t the expiration of the period of two years above
referred to in this section, all records, schedules and papers accumulating in the said
bureau that may be considered of no value by the commissioner may be destroyed:
P rovid ed , The authority of the governor be first obtained for such destruction.
Sec. 7. The biennial reports of the bureau of labor, provided for by section 2 of
this act, shall be printed in the same manner and under the same regulations as the
reports of the executive officers of the State: P rovid ed , That not less than five hun
dred copies of the report shall be distributed, as the judgment of the commissioner
may deem best. The blanks and other stationery required by the bureau of labor in
accordance with the provisions of this act shall be furnished b y the secretary of the
State, and shall be paid for from the printing fund of the State.
Sec. 8. The salary of the commissioner of labor, provided for in this act, shall be
eighteen hundred dollars ($1,800) per annum, and he shall be allowed his actual
and necessary traveling and incidental expenses.
Sec. 9. A ll the powers and duties heretofore exercised by the assistant commis
sioner of labor and the factory, mill, and railway inspector are hereby devolved on
the commissioner of labor.
Sec. 10. The act approved March 3,1897, being Chapter X X I X , is hereby repealed;
the office of the assistant commissioner of labor and factory, mill and railway
inspector is hereby abolished. An emergency is declared to exist, and this act shall
take effect the first Monday in April, 1901.
Approved by the governor, March 16, 1901.
Chapter 103.— Com petent m en
to be em ployed cm street railw ays .
Section 1. Hereafter street railway or street car companies, or street car corpora
tions, shall employ none but competent men to operate or assist as conductors, motor
men or grip men upon any street railway, or street car line in this State.
Sec. 2. A man shall be deemed competent to operate or assist in operating cars (or
dummies) usually used b y street railway or street car companies, or corporations,
only after first having served at least three days under personal instruction of a regu
larly employed conductor, motor man or grip man on a car or dummy in actual
service on the particular street railway or street car line for which the Service of an
additional man or additional men may be required: P rovid ed, That during a strike
on the street car lines the railway companies may employ competent men who have
not worked three days on said particular street car line.
Sec. 3. A ny violation of section 1 of this act by the president, secretary, manager,
superintendent, assistant superintendent, stockholder or other officer or employee of
any company or corporation owning or operating any street railway or street car line
or any receiver of street railway or street car company, or street railway or street car
corporations appointed by any court within this State to operate such car line shall,
upon conviction thereof, be deemed guilty of a misdemeanor, and subject the offender
LABOR LAWS— WASHINGTON— ACTS OF 1901.
1323
to such offence to a fine in any amount not less than fifty dollars nor more than two
hundred dollars, or imprisonment in the county jail for a term of thirty days, or
both such fine and imprisonment at the discretion of the court.
Approved by the governor, March 16, 1901.
Chapter 139.— E xem p tion fro m
garnishm ent— W ages.
Section 1. Section 5412 of Ballinger’ s Annotated Codes and Statutes of Washington,
relating to exemption of wages, [shall] be amended to read as follows: Section 5412.
Current wages or salary to the amount of one hundred dollars for personal services
rendered by any person having a family dependent upon him for support, shall be
exempt from garnishment, and where it appears upon the trial, or by answer of the
garnishee, when not controverted as hereinafter provided, that the garnishee is
indebted to the defendant for such current wages or salary for an amount not exceed
ing one hundred dollars, the garnishee shall be discharged as to such indebtedness;
that if the garnishment be founded upon a debt for actual necessaries furnished to
the defendant or his family, no exemption shall be allowed in excess of ten dollars
per week for four consecutive weeks. The provisions of this section shall apply to
actions in the superior court or before justices of the peace.
Approved by the governor, March 18, 1901.
Chapter 158.— E xem ption fro m
execution , etc.— Claim s fo r w ages not barred.
Section 1. Section 5248a of Ballinger’ s Annotated Codes and Statutes of Washing
ton, relating to exemptions, is hereby amended to read as follows: Sec. 5248a. No
property shall be exempt from execution for clerk’ s, laborer’ s, or mechanic’ s wages,
earned within this State. * * *
Approved by the governor, March 18, 1901.
C hapter 172.— E xa m in a tion ,
licensing , etc., o f barbers.
Section 1. It shall be unlawful for any person to follow the occupation of barber
in any incorporated city or town in this State, unless he shall have first obtained a
certificate of registration as provided in this act: P rovided , however, That nothing in
this act shall apply to or affect any person who is now engaged in such occupation
except as hereinafter provided.
Sec. 2. Shaving the face, or cutting the hair or the beard of any person either for
hire or reward, shall be construed as practicing the occupation of barbering within
the meaning of this act.
Sec. 3. A board of examiners, to consist of three persons, is hereby created to
carry out the purposes and enforce the provisions of this act. Said board shall be
appointed b y the governor, the appointees to be chosen from practical barbers who
have at least five years prior to their appointment followed the occupation, and have
been residents of the State of Washington for two years. Each member of the said
board shall serve for a term of three years, and until his successor is appointed and
qualified, except in the case of the first board who shall serve one, two and three
years respectively.
Sec. 4. Said board shall elect a president, secretary and treasurer, shall have a
common seal, and shall have power to administer oaths. The headquarters of said
board shall be the place of residence of the secretary.
Sec. 5. The treasurer of said board shall give surety bond to be approved b y and
deposited with the auditor of this State, in the sum of one thousand dollars, and
said board shall take the oath provided by law for public officers. The costs of said
bond shall be paid out of the funds in the hands of the treasurer.
Sec. 6. Each member of said board shall receive a compensation of five dollars per
day for actual service and actual expenses incurred in attending the meetings of the
board. A ll moneys shall be paid out of the fund in the hands of the treasurer, and
in no event shall any money be paid out of the State treasury.
Sec. 7. Said board shall report to the governor of this State biennially a full state
ment of the receipts and disbursements of the board during the preceding two years,
a full statement of its doings and proceedings, and such recommendation as may seem
proper.
Sec. 8. Said board shall hold public examinations at least four times a year in dif
ferent cities of this State, at such times and places as it may determine, notice of such
meetings to be sent to the various applicants by mail, at least ten days before the
meetings are to be held.
1324
BULLETIN OF THE DEPARTMENT OF LABOR,
Sec. 9. Every person now engaged in the occupation of barber in cities of the first,
second or third class in this State shall within ninety days after the approval of this
act file with the secretary of said board an affidavit setting forth his name, residence
and length of time during which and the places where he has practiced such occupa
tion, and shall pay to the secretary of said board one dollar, and a certificate enti
tling him to practice said occupation for one year shall thereupon be issued to him.
Sec. 10. To obtain a certificate of registration under this act, any person excepting
those mentioned in section nine shall make application to said board, and shall pay to
the secretary an examination fee of five dollars, and shall present himself at the meet
ing of the board for examination of applicants. The board shall examine such person,
and being satisfied that he is above the age of eighteen years, of good moral character,
free from contagious or infectious disease, has studied the trade for two years as an
apprentice under or as a qualified and practicing barber in this State, or other States,
and is possessed of the requisite skill to properly perform all the duties, including
his ability in the preparation of the tools used, shaving, cutting of the hair and beard
and all the various services incident thereto, and has sufficient knowledge concern
ing the common diseases of the face and skin to avoid the aggravation ana spreading
thereof in the practice of his trade, his name shall be entered b y the board in a regis
ter hereinafter provided for and a certificate of registration shall be issued to him
authorizing him to practice said trade in this State, for one year. A ll certificates
shall be renewed each year, for which renewal, a fee of fifty cents shall be paid. All
persons making application for examination under the provisions of this act, shall be
allowed to practice the occupation of barber until the next meeting as designated by
said board.
Sec. 11. Nothing in this act shall prohibit any person from serving as an appren
tice in said trade under a barber authorized to practice under this act: Provided .,
That in no barber shop shall there be more than one apprentice to each registered
barber and all apprentices shall be registered with the secretary of said board for
w hich registration no fee shall be paid.
Sec. 12. Said board shall furnish to each person w ho has successfully passed exam
ination, a certificate of registration, bearing the seal of the board and the signature
of its president and secretary certifying that the holder thereof is entitled to prac
tice the occupation of barber in this State, and it shall be the duty of the holder of
such certificate to post the same in a conspicuous place in the shop.
Sec. 13. Said board shall keep a register in which shall be entered names of all
persons to whom certificates are issued under this act, and said register shall be at
all times open to public inspection.
Sec. 14. Said board shall have power to revoke any certificate of registration
granted by it under this act, for (a ) conviction of crime, (6) drunkenness, (c) having
or imparting any contagious or infectious disease or (d) for doing work in an unsan
itary or filthy manner: P rovid ed , That before any certificate shall be revoked the
holder thereof shall have notice in writing of the change [charge] or charges against
him, and shall at a day specified in said notice, at least five days after the service
thereof, be given a public hearing and full opportunity to produce testimony in his
behalf, and to confront the witnesses against him. A ny person whose certificate has
been so revoked may after expiration of ninety days upon application have the same
re-issued to him upon satisfactory showing that disqualification has ceased.
Sec. 15. A ny person practicing the occupation of barber in any city of the first,
second or third class in this State, without first having obtained a certificate of reg
istration as provided in this act, or falsely pretending to be practicing such occupation
under this act, or w ho uses, or allows towels to be used on more than one person
before such towels have been laundered; or razors, lather, or hair brushes on more
than one person before same shall have been sterilized or in violation of any of the
provisions of this act, and every proprietor of a barber shop who shall willfully
employ a barber w ho has not such a certificate shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine of not less than ten dollars nor
more than one hundred dollars, or b y imprisonment in the county jail not less than
ten days nor more than ninety days, or both.
Approved by the governor, March 18,1901.
INDEX.
Agreements between employers and employees:
Page.
Bituminous coal mining.................................................................................................................. 1057-1068
Typesetting.......................................................................................................................................... 1229-1232
Anthracite coal strike, report to the President on.............................................................................. 1147-1228
Arbitration act, compulsory, of New South Wales................................................................................. 561-574
Arbitration and conciliation laws, compulsory, working of, in New Zealand and Victoria___ 552-560
Arbitration, reports of State boards of:
Illinois...............................................................
1075,1076
Massachusetts........................................................................................................................................
1076
New York.................................................................................................................................................
1076
Beef, prices o f ................................................................................................................................................... 794-806
Building and loan associations, State report on—New Y o rk .......................................................... 1253-1255
Census of industries:
Belgium ................................................................................................................................................... 830-832
France...................................................................................................................................................... 489-492
Cities, statistics o f .......................................................................................................................................... 881-1055
Coal-mine workers, wages of, in 1896 and in 1900—France................................................................... 595-597
Coal production, statistics o f ................................................................... .
............................................ 600-602
Coal strike, anthracite, report to the President o n ............................................................................ 1147-1228
Compensation acts, workmen’s, of foreign countries............................................................................ 549-551
Conciliation and arbitration laws, compulsory, working of, in New Zealand and Victoria — 552-560
Course of wholesale prices, 1890 to 1901...................................................................................................... 195-485
Cuba, labor conditions i n .................................................................................................................... 663-793,1056
Decisions of courts affecting labor:
Arbitration. (See Court of mediation and arbitration.)
Blacklisting—constitutionality of statute...................................................................................... 836,837
Blacklisting. (Seealso Conspiracy, blacklisting.)
Boycott by members of association—conspiracy—coercion—damages................................... 501,502
. Children, employment of. (See Employment of children.)
Civil service—removal of honorably discharged soldier—constitutionality of statute___ 494,495
Claims of employees for services—time for filing—classes of work...................................... 1099-1102
Conspiracyblacklisting.................................................................................................................................. 498,499
blacklisting—procuring discharge......................................................................................... 499,500
boycott by members o f association—coercion—damages*............................................... 501,502
illegal combinations—rules of association—damages....................................................... 625-627
Contract limiting liability—employee on sleeping car—carriers.............................................. 497,498
Contract of em ploym entaction for breach—necessary grounds.....................................................................................
847
breach—merger of corporations......................................................................................... 1094,1095
limitations—release of claims for damages—fraud....................................................... 1264-1266
Contract to labor—violation—constitutionality of statute........................................................ 165,166
Contractor and surety—public works—assignment of contract............................................ 1099-1102
Court of mediation and arbitration—constitutionality of statute—rehearing—man
damus ............................................................................................................................................... 1095-1097
Court of mediation and arbitration—powers—construction of statute............................... 1097,1098
Death of minor unlawfully employed—right of action—construction of statute............. 1098,1099
Discharge from employment without cause—release of claim for damages........................ 177-179
Discharge of employee—damages....................................................................................................... 1285
Discharged employee—letters of recommendation................................................................. 1116,1117
Discharged soldier—removal from civil service—constitutionality of statute...................... 494,495
Eight-hour la w deputy sheriffs—construction of statute..................................................................................
605
municipal corporations—paving streets..................................................................................
604
municipal corporations—school districts................................................................................ 1266
pay for overtime—construction of statute.......................................................................... 166,167
Employees on public works—claims for services—time of filing—contractor and su rety assignment of contract—classes of work........................................ ......................................... 1099-1102
Employer and employee—creation of relation—volunteer assistant................................... 1285,1286
Employers’ lia b ility assumption of risk—defective machinery.............................................................................179,180
assumption of risk—incompetent fellow-servants............................................................ 631,632
assumption of risk—latent dangers.................................................................................... 1286-1288
assumption of risk—negligence.............................................................................................. 606-608
assumption of risk—scope of employment—elevators................................................. 1288,1289
concurrence of third parties—proximate cause.................................................................. 850-853
contract of indemnity—admission of evidence..................................................................... 1117
duty of employer—assumption of risk—instructions....................................................... 627,628
duty of employer—contributory negligence....................................................................... 628,629
duty of employer—inspection of appliances, e t c .............................................................. 180-182
duty of employer—negligence................................................................................................ 629-631
duty of employer—sufficient number of fellow-servants—supervision.................... 1289,1290
1325
1326
INDEX.
Decisions of courts affecting labor—Continued.
Page.
Employer’s liability—Concluded.
duty of employer—warning employee of special risks.................................................. 1290,1291
effect of nonsuit as to one of two joint tort feasors—duty of light inspector—contribu
tory negligence........................................................................................................................ 847,848
employment of children—negligence—damages................................................................ 605,606
injury received while outside line of duty........................................................................... 636,637
inspection of stone by builders—negligence.................................................................... 1117,1118
instructions to subordinate to obey others........................................................................... 636,637
logging railroad—fellow-servant act—contributory negligence..................................1102-1104
logging railroad—fellow-servant act—contributory negligence—release............... 1104-1107
negligence—contributory negligence—duty of court of appeal..................................... 848,849
negligence—evidence....................................................................................................................
632
negligence—fellow-servants.................................................................................................... 632,633
negligence of superintendent-construction of statute................................................ 1107,1108
orders—line of duty—construction of statute.................................................................. 1266,1267
partnership—dissolution by organization of corporation................................................ 849,860
railroad companies—assumption of risk—negligence...........................................................
610
railroad companies—contributory negligence.......................................................................
634
railroad companies—contributory negligence—obedience to orders.......................... 634,635
railroad companies—duties of employers and of employees—liability of company
using tracks of another corporation for negligence of latter’s employees—test of
liability—fellow-servants.....................................................................................................1108-1110
railroad companies—duty of employer—negligence—concurrence of third parties—
contributory negligence—assumption of risk—proximate cause............................. 850-853
railroad companies—duty of employer—rules for signals—contributory negligence. 610-612
railroad companies—effect of statute on liability for injury incurred outside the
State.............................................................................................................................................. 170,171
railroad companies—failure to obey rules—contributory negligence—damages.. 853,854
railroad companies—failure to obey rules—contributory negligence—volunteer.. . 854,855
railroad companies—fellow-servants................................................................................ 1267-1269
railroad companies—fellow-servants—constitutionality of statute................................160-162
railroad companies—fellow-servants—constitutionality of statute—receivers..........163-165
railroad companies—fellow-servants—hand cars—construction of statute........... 1269,1270
railroad companies—fellow-servants—scope of employment......................................... 840,841
railroad companies—hand cars—construction of statute.............................................. 1269,1270
railroad companies—hand cars—vice-principal—negligence of fellow-servants—con
struction of statute............................................................................................................. 1270-1272
railroad companies—negligence—duty of conductor to inspect..................................... 608-610
railroad companies—negligence of fellow-servant—operation of railroad............. 1272,1273
railroad companies—release.of claim for damages—relief department—negligence 167-170
railroad companies—vice-principal—construction of statute—act of God............... 1273,1274
railroad companies—waiver of right to damages by employees................................... 839,840
railroad companies—wantonness—contributory negligence—duty of employers—
rules for signals.......................................................................................................................... 610-612
release—contributory negligence..........................................................................................1104-1107
release of claim for damages.................................................................................................. 182,183
status of workman being transported by employer to place of employment—assump
tion of risk................................................................................................................................. 855,856
waiver by employee—mine regulations.....................................................................1____ 838,839
working during dinner hour—injury received while outside line of duty—instruc
tions to subordinate to obey others.................................................................................... 636,637
Employment agencies—licenses—constitutionality of statute................................................612,613
Employment agencies—licenses—‘ ‘ emigrant agents’ act ’ ’—constitutionality of statute. 1110,1111
Employment, contract of. (See Contract of employment.)
Employment of children—death-right of action................................................................... 1098,1099
Employment of children—effect of statute—negligence.......................................................... 605,606
Employment of women—sale of intoxicating liquors—constitutionality of ordinance. 1274,1275
Enticing servant—evidence................................................................................................................. 613,614
Enticing servant—minor—contract of parent—construction of statute............................ 1111,1112
Examination, licensing, etc., of horseshoers—revenue—police power—constitutionality
of statute.............................................................................................................................................. 842-845
Exemption of wages—
constitutionality of statute—title of act—complaint........................*............................. 845,846
failure of garnishee to allege exemption—effect of payment of judgment.................... 1114
who are laborers..................................................................................................................... 1275,1276
Factory inspection—delegation of legislative authority—constitutionality of statute.. 1112,1113
Factory inspector—fire escapes—constitutionality of statute..................................................... 614,615
Fellow-servants—construction of statute...................................................................................... 1113,1114
Garnishment—exemption of wages—failure of garnishee to allege exemption—effect of
payment of judgm ent.......................................................................................................................... 1114
Hours of labor—legal day’s work—pay for overtime.............................................................. 1276,1277
Hours of labor. (See also Eight-hour day.)
InjunctionCombinations—persuasion—effect of statute—rights of employers. ...................... 1277-1280
Conspiracy—strikes..................................................................................................................... 183,184
Interference with employees by third parties—strikes—contempt............................ 1291-1294
Jurisdiction over persons not parties to original bill—conspiracy............................... 637,638
Labor organizations—methods and purposes—liability of members as conspirators—
ordering employees of receivers to quit w ork ............................................................ 1295-1297
Parties—armed camps........................................................
856-858
Strikes—enticing apprentices—construction of statute................................................... 496,497
Strikes—picketing...................................................................................................................... 639-642
Joinder of negligent servant with master—removal of causes.....................................................
622
“ Labor law ’ ’—public contracts—interstate commerce—constitutionality of statute........615,616
Labor organizations—methods and purposes—liability of members as conspirators—in
junction ............................................................................................................................................ 1295-1297
Labor organizations—procuring discharge of members of rival union—strikes............... 1118-1124
Letters of recommendation—duty of employer......................................................................... 1116,1117
Loggers’ liens—who are laborers—construction of statute..................
616,617
INDEX,
1327
Decisions of courts affecting labor—Concluded.
Page.
Mechanics’ liens—destruction of improvements—misjoinder of m inors............................. 858,859
Mechanics’ liens—limitations—completion of work................................................................... 617-619
Mediation. (See Court of mediation.)
Mine regulations—effect—construction of statute................................................................... 1280,1281
Mine regulations—waiver by employee......................................................................................... 838,839
Municipal corporations—governmental functions—liability for acts of officers................. 859,860
Payment of wages-r
checks—waiver of benefit of statute.................................................................................. 1281,1282
redemption of store orders—right of contract—constitutionality of statute............. 619,620
redemption of store orders—State control of foreign corporations............................... 620,621
rights of assignee......................................................................................................................... .
846
Protection of employee against assault—death resulting from breach of contract by
employer—pain and suffering—misjoinder............................................................................ 1115,1116
Railroad companies—
carriers—injury to employee on sleeping car—contract limiting liability................. 497,498
hospital service—breach of contract—mental suffering—damages............................. 638,639
hospital service—liability for refusing certificate of admission—dam ages........... 1124-1126
injury to person loading car—fellow-servants................................................................ 1282,1283
payment of wages to discharged employee—penalty........................................ 495,496,621,622
Railroad—what is operation—construction of statute............................................................ 1272,1273
Release of claim tor damages—contract of employment—limitations—fraud................. 1264-1266
Release of claim for damages—discharge from employment without cause. *.................... 177-179
Removal of causes—joinder of negligent servant with master...................................................
622
Seamen—
incompetency—right of master to discharge.........................................................................
860
payment of wages in advance—construction of statute................................................... 171-173
payment of wages in advance—construction of statute—foreign vessels...................173-177
settlement—release.................................................................................................................... 622,623
wages—set-off of damages caused by neglect of duty..........................................................
861
Strikes—
injunction—conspiracy............................................................................................................... 183,184
injunction—enticing apprentices—construction of statute............................................ 496,497
interference with employees by third parties—injunction—contempt.................... 1291-1294
labor organizations—procuring discharge of members of rival unions.................. 1118-1124
picketing—unlawful interference with employer’s business—injunction................. 639-642
Substituted contracts—consideration—duress—authority of agent—release of claim for
wages—effect in admiralty—jurisdiction.................................................................................... 861-864
Sunday labor—barbers—constitutionality of statute................................................................ 1283,1284
Volunteer assistant—creation of relation of employer and employee................................. 1285,1236
Weighing coal before screening—constitutionality of statute................................................... 624,625
Digest of recent foreign statistical publications:
Austria—
Systematisches Verzeichnis der Gewerbe und anderer gewerbemassig ausgeiibter
Beschaftigungen fur statistische Zwecke der Handels- und Gewerbekammem in
den im Reichsrathe vertretenen Konigreichen und Landern......................................
140
Belgium—
Les Moteurs Electriques dans les Industries & Domicile: I. L’Industrie Horlog^re
Suisse; II. Le Tissage de la Soie & Lyon; III. L’Industrie de la Rubanerie k St.
Etienne................................................................................................................................... 1256-1260
Les Salaires dans l’lndustrie Gantoise: I. Industrie Cotonni&re......................................
489
Recensement g6n6ral des Industries et des Metiers, 31 Octobre, 1896.......................... 830-832
Statistique des Salaires dans les Mines de Houille (Octobre 1896-Mai 1900)............... 595-597
Canada—
Report of the Department of Labor for the year ended June 30,1901.......................... 832-834
France—
Legislation ouvrtere et sociale en Australie et Nouvelle-Zelande............................... 598,599
Poisons Industries........................................................................................................................
597
Rgsultats statistiques du Recensement des Industries et Professions.......................... 489-492
Statistique des Graves et des Recours & la Conciliation et k 1’Arbitrage Survenus
Pendant 1’AnnSe 1900......................................................................................................... 1077-1082
Germany—
Streiks und Aussperrungen im Jahre 1900. Streiks und Aussperrungen im Jahre
1901.......................
1082-1086
Great Britain—
Coal Tables, 1883 to 1899 ........................................................................................................... 600,601
Eighth Annual Report on Changes in Rates of Wages and Hours of Labor in the
United Kingdom, 1900........................................................................................................... 140-146
Report of the Chief Labor Correspondent on the Strikes and Lockouts of 1900........ 146-152
Second Abstract of ForeignLabor Statistics............................................................................
152
Statistics Relating to Coal Mining, 1886 to 1900................................................................... 601,602
The Housing Question in London...................................................................................... 1086-1088
Workmen’s Trains...................................................................................................................... 834,835
Italy—
Statistica degli Scioperi avvenuti nell’ Industria e nell’ Agricoltura durante 1’ anno
1899 ..................................................................................................................................... 1088-1093
Netherlands—
Verslagen der Kamers van Arbeid over 1900 .........................................................................
493
New South W a le s First Annual Report of the Labor Commissioners......................................................... 1260-1262
Ontario—
First Report of the Bureau of Labor, 1900.................................................................................. 1263
Nineteenth Annual Report of the Bureau of Industries for the Province of Ontario,
1900 ........................................................................................................................................ 602,603
Victoria—
Report of the Chief Inspector of Factories, Workrooms, and Shops, for the year
ended 31st December, 1900.................................................................................................... 152-159
Digest of recent reports of State bureaus of labor statistics:
Connecticut................................................................................................................................................815-817
Illinois.............................................................................. - ...................................................................... 818-821
Iow a.......................................................................................................................................................... 821-825
1328
INDEX.
Digest of recent reports of State bureaus of labor statistics—Concluded.
Page.
Kansas......................................................................................................................................................... 134-136
Louisiana..................................................................................................................................................... 1069
Maine......................................................................................................................................................... 825-827
Maryland.............................................................................................................................................. 1070,1071
Massachusetts..................................................................................................................................... 1235,1236
Missouri................................................................................................................................................... 827,828
Montana.......................................................................................................................................................
829
Nebraska................................................................................................................................................... 575,576
New Jersey............................................................................................................................ 576-580,1071-1075
New York.................................................................................................................................................. 580-585
North Carolina...................................................................................................................... 585-587,1236-1239
O h io........................................................................................................................................ 587-589,1239-1241
Pennsylvania.......................................................................................................................................... 589-592
Rhode Island................................................................................................................................... 136-138,593
V irginia................................................................................................................................. 138,139,1241-1243
Washington..................................................................................................................................................
594
Wisconsin................................................................................................................................................. 486-488
Domestic and hand-working industries of Germany, present condition of t h e ............................ 509-548
Electric motors in the domestic industries:
Lyop silk w eaving............................................................................................................................ 1257-1259
St. Etienne ribbon w eaving................................................................................................................... 1259
Swiss watchmaking............................................................................................................................ 1256,1257
Employers and employees, agreements between:
Bituminous coal mining................................................................................................................... 1057-1068
Typesetting.......................................................................................................................................... 1229-1232
Factories, workrooms, and shops, report of inspector of,Victoria, 1900............................................ 152-159
Hand-working and domestic industries of Germany, present condition of t h e ............................ 509-548
Hours of labor and wages in Great Britain and Ireland, 1900 ............................................................ 140-146
Housing question in London, the............................................................................................................. 1086-1088
Industries, census of:
Belgium ................................................................................................................................................... 830-832
France....................................................................................................................................................... 489-492
Italian bureau of labor statistics............................................................................................................. 1233,1234
Labor qnd social legislation in Australia and New Zealand................................................................ 598,599
Labor conditions in Cuba...................................................................................................................... 663-793,1056
Labor conditions in M exico.............................................................................................................................. 1-94
Labor statistics, Italian bureau o f ........................................................................................................... 1233,1234
Laws relating to labor:
Accidents in mines—Pennsylvania.............................................................................................. 1306,1307
Advances made by employers, repayment of—Minnesota..................................................... 1142,1143
Anti-trust act, labor organizations not included under—Minnesota.......................................... 1143
Arbitration, board of. (See Board of arbitration.)
Arizona, labor laws o f ........................................................................................................................ 1127,1128
Arkansas, labor laws of........................................................................................................................ 865,866
Attachment, exemption from—New Jersey......................................................................................
661
Attachment of wages—Delaware.........................................................................................................
645
Bakeries, inspection of. (See Inspection, etc., of bakeries.)
Barbers, examination, etc., of. (See Examination, etc., of barbers.)
Blacklisting—T exas................................................................................................................................. 1318
Blacklisting and boycotting—Colorado.............................................................................................
866
Board of arbitration—Illinois.................................................................................................................
649
Board of mediation and arbitration—Missouri............................................................................ 652-654
Boilers, creating an unsafe amount of steam in—Arizona............................................................ 1127
Boilers, steam, inspection of. (See Inspection of steam boilers.)
Bureau of Labor—Washington...................................................................................................... 1321,1322
Children, employment of. (See Employment of children.)
Colorado, labor laws o f ........................................................................................................................ 866-869
Colored glass windows in factories, etc.—Connecticut..................................................................
504
Commissioner of industrial statistics—Rhode Island.............................................................. 1311,1312
Company stores—Arkansas................................................................................................................. 865,866
Connecticut, labor laws of................................................................................................................... 503-508
Construction of foundries, etc., in Boston—Massachusetts...........................................................
188
Contracts of employees waiving right to damages—Indiana....................................................... 1134
Convict labor—
Colorado............................................................................................................................................
868
Massachusetts.................................................................................................................................
185
New York.........................................................................................................................................191,194
North Dakota...................................................................................................................................
880
South Carolina.......................................................................................................................... 1312,1313
Texas................................................................................................................................................. 1319
Convict-made goods, marking and sale of—Indiana................................................................ 1136,1137
Deception, unlawful force, etc., in procuring employees—Tennessee................................... 1316,1317
Delaware, labor laws o f .........................................................................................................................613-645
Department of labor—New York........................................................................................................ 189,190
Discharged soldiers, etc., employed in public buildings—Connecticut.....................................
503
Employees, protection of. (See Protection of employees.)
Employers’ liability—
Colorado............................................................................................................................................
867
Connecticut.....................................................................................................................................
508
Employers’ liability for acts of employees—Arizona..................................................................... 1127
Employment offices, free public—
Connecticut................................................................................................................................. 504-506
K ansas.......................................................................................................................................... 871,872
Employment offices, licensing, etc.—
Idaho.................................................................................................................................................. 1131
New Hampshire............................................................................................................................. 1144
Employment of children—
Connecticut...................................................
506
Massachusetts................................................................................................................................185,186
INDEX,
1329
Laws relating to labor—Continued.
Page.
Employment of children—Concluded.
Missouri............................................................................................................................................
656
NewHamsphire........................................................................................................................ 1144,1145
Pennsylvania................................................................................................................................... 1303
South Dakota................................................................................................................................... 1314
Tennessee.......................................................................................................................................... 1314
Employment of children. (See also Employment of women and children.)
Employment of labor—previous contract—North Carolina..........................................................
662
Employment of laborers—Connecticut..............................................................................................
503
Employment of women and children—
Illinois...............................................................................................................................................
650
New York........................................................................................................................................ 191,192
Pennsylvania....................................................................................
1304-1306
Washington...................................................................................................................................... 1321
Engineers, stationary, examination, licensing, etc., of—Florida................................................
648
Examination, licensing, etc., of barbers—
Connecticut................................................................................................................................. 506-508
Delaware...................................................................................................................................... 643,644
M ichigan.......................................................................................................................................... 1142
Missouri............................................................................................................................................
652
Nebraska..........................................................................................................................................
661
North Dakota............................................................................................................................... 877,878
Washington............................................................................................................................. 1323,1324
Examination, licensing, etc., of horseshoers—Washington................................................. 1320,1321
Examination, licensing, etc., of mine foremen and assistants—Tennessee.............................. 1317
Examination, licensing, etc., of plumbers—
Michigan................................................................................................................................... 1140-1142
Nebraska...................................................................................................................................... 659-661
New Hampshire...................................................................................................................... 1145,1146
Pennsylvania......................................
1307
Washington............................................................................................................................... 1319,1320
Examination, licensing, etc., of stationary engineers—Florida.................................................
648
Examination, licensing, etc., of stationary firemen—New York................................................
192
Exemption from execution, etc—
New Jersey.........................................................................................
New York............................................................................................
North Dakota.....................................................................................
Washington.........................................................................................
Exemption of wages from execution, etc.—
Delaware.............................................................................................
Illinois..................................................................................................
Maine....................................................................................................
Oregon..................................................................................................
Rhode Island.....................................................................................
Washington.........................................................................................
Factories and workshops—
Connecticut.........................................................................................
Illinois..................................................................................................
Indiana................................................................................................
Massachusetts.....................................................................................
M ichigan............................................................................................
Missouri..............................................................................................
New York............................................................................................
Pennsylvania.....................................................................................
Rhode Island.....................................................................................
Factory inspection. (See Inspection of factories.)
Factory inspectors—Rhode Island..........................................................
Factory, when laundry is considered a—New Y ork .........................
Farm laborers’ liens—North Dakota......................................................
Fire escapes on factories—Missouri........................................................
Firemen, stationary, examination, licensing, etc., of—New York.
Florida, labor laws o f.................................................................................
Foundries, etc., construction of, Boston—Massachusetts................
Free public employment offices. (See Employment offices.)
Free text-books in public schools—Massachusetts.............................
Hawaii, labor laws of.................................................................................
Holidays—Labor Day—North Carolina.................................................
Holidays—Lincoln’s Birthday—Delaware...........................................
Horseshoers, examination, licensing, etc., of—Washington...........
Hours of labor—Montana..........................................................................
Hours of labor—Washington................................................................... .
Hours of labor m mines—Missouri........................................................ .
Hours of labor of railroad employees—Colorado.............................
Hours of labor on public roads—
Missouri..............................................................................................
New M exico.....................................................................................
Tennessee............................................................................................
Hours of labor on public works—Minnesota........................................
Houses of correction, labor of inmates in—New Y ork....................
Idaho, labor laws o f ..................................................................................
Illinois, labor laws o f ................................................................................
Indiana, labor laws o f ..............................................................................
Industrial school—Nebraska...................................................................
Industrial school for girls, indenture of inmates of—Maine...........
Inspection, etc., of bakeries—
Connecticut.......................................................................................
Indiana...............................................................................................
Pennsylvania....................................................................................
........................
661
......................
190
................... 878,879
........................ 1323
......................
......................
........................
........................
.......................
........................
645
649
652
1298
1312
1323
........................
504
........................
650
............... 1132,1133
............. 186,187,188
................... 1137-1140
. . . . 654,655,658,659
.................... 190,191
1301,1302,1304-1306
........................ 1311
........................ 1311
........................
191
......................
879
.................... 658,659
192
........................
.................. 645-648
......................
188
.................... 187,188
.................... 869,870
........................
662
645
:: :: : : : : : : i 3 2 o , i 3 2 i
........................
874
........................ 1321
........................
655
........................
867
........................
659
........................ 1146
........................ 1314
................ 1143,1144
194
li28-1131
.................... 649-651
................. 1132-1137
........................
661
.................... 651,652
504
!* .* .!!!!!!.‘m 2,1133
................ 1301,1302
1330
INDEX.
Laws relating to labor—Continued.
Page.
Inspection of factories, etc.—
Illinois................................................................................................................................................
650
Indiana.........................................................................................................................................1132,1133
M ichigan..................................................................................................................................... 1137-1140
Missouri........................................................................................................................................ 654,655
Pennsylvania............................................................................................................1301,1302,1304-1306
Inspection of mines. (See Mine regulations.)
Inspection of steam boilers—
Florida..............................................................................................................................................
648
New York.........................................................................................................................................192,193
sas, labor laws o f ............................................................................................................................ 870-874
Kidnapping—
Massachusetts..................................................................................................................................
187
Montana............................................................................................................................................
876
North Dakota................................................................................................................................ 879,880
Labor, bureau of—Washington...................................................................................................... 1321,1322
Labor commission—Idaho............................................................................................................... 1128-1131
Labor, department of—New Y o rk ...................................................................................................... 189,190
Laborers, employment of—Connecticut.............................................................................................
603
Laundries are considered factories, when—New Y o r k ..................................................................
191
Liability of employers. (See Employers’ liability.)
Licensing, examination, etc. (See Examination, licensing, etc.)
Maine, labor laws of............................................................................................................................. 651,652
Manual training schools—M aine..........................................................................................................
651
Massachusetts, labor laws of........................................................................................................ 185-189,508
Mercantile establishments, posting time-tables in—Massachusetts............................................
185
Michigan, labor laws o f .....................................................................................................................1137-1142
Mine foremen and assistants, examination, licensing, etc., of—Tennessee............................. 1317
Mine industries, secretary of—Kansas............................................................................................. 872,873
Mine regulations—
Illinois............................................................................................................................................ 650,651
Indiana......................................................................................................................................... 1134,1135
Kansas............................................................................................................................................ 873,874
Missouri................................................................................................................................. 655,657,658
Montana......................................................................................................................................... 874-876
Oregon............................................................................................................. , ....................... *. 1299,1300
Pennsylvania................................................................................................................... 1306,1307-1310
Tennessee............................................................................................................................ 1315,1316,1317
Miners, qualifications of—Missouri......................................................................................................
658
Miners, State association of—Kansas............................................................................................... 872,873
Minnesota, labor laws o f ................................................................................................................... 1142-1144
Missouri, labor laws o f ........................................................................................................................ 652-659
Montana, labor laws o f ........................................................................................................................ 874-876
Nebraska, labor laws o f ...................................................................................................................... 659-661
New Hampshire, labor laws of..........................................................................................................1144-1146
New Jersey, labor laws o f .......................................................................................................................
661
New Mexico, labor laws o f .................................................................................................................... 1146
New York, labor laws of...................................................................................................................... 189-194
North Carolina, labor laws o f ...............................................................................................................
662
North Dakota, labor laws of............................................................................................................... 877-880
Obstructing tracks, etc., of street railways—Massachusetts..........................................................
187
Oregon, labor laws of........................................................................................................................ 1298-1301
Payment for assignment of wages of coal-mine employees—Ind iana....................................... 1135
Payment of wages—
Arizona......................................................................................................................................... 1127,1128
Arkansas....................................................................................................................................... 865,866
Colorado........................................................................................................................................ 866,867
Missouri............................................................................................................................................
655
Montana............................................................................................................................................
876
Pennsylvania............................................................................................................................ 1310,1311
South Carolina.......................................................................................................................... 1313,1314
Texas.................................................................................................................................................. 1318
Peddlers’ license granted soldiers and sailors without fee—
Illinois................................................................................................................................................
650
Maine.................................................................................................................................................
652
Pennsylvania, labor laws o f ..............................................................................................................1301-1311
Plumbers, examination, licensing, etc., of. (See Examination, licensing, etc.)
Procuring employees, deception, unlawful force, etc., in—Tennessee.............................. 1316,1317
Protection of employees as voters—Florida................................................................................ 647,648
Protection of employees in trading—Florida....................................................................................
647
Protection of employees on buildings—Massachusetts...................................................................
186
Protection of seamen—Florida.............................................................................................................
645
Protection of street-railway employees—inclosed platforms—
Colorado........................................................................................................................................ 868,869
North Carolina...............................................................................................................................
662
Oregon........................................................................................................................................ 1298,1299
Tennessee................................................................................................................................... 1315,1316
Protection of wages due laborers—Hawaii............................................................................ .
869,870
Protection of wages of laborers on public works, contractor’s bond for—Indiana............1133,1134
Public schools, free text-books in—Massachusetts......................................................................... 187,188
Railroad employees, offenses of—Arizona......................................................................................... 1127
Railroad employees, voting by—Kansas......................................................................................... 870,871
Railways, street. (See Street railways.)
Rates of wages on public works—Indiana......................................................................................... 1133
Repayment of advances made by employers—Minnesota....................................................... 1142,1143
Rhode Island, labor laws o f ..............................................................................................................1311,1312
Scrip. (See Payment of wages.)
Seats for female employees—Kansas....................................................................................................
872
Seats for female employees—W ashington......................................................................................... 1321
INDEX,
1331
Laws relating to labor—Concluded.
Page.
Soldiers and sailors granted peddlers’ license without fee. (See Peddlers’ license.)
503
Soldiers, etc., dischaiged, employment of, in public buildings—Connecticut........................
South Carolina, labor laws of......................................................................................................... 1312-1314
South Dakota, labor laws o f .................................................................................................................. 1314
Specifications, etc., to be posted in textile factories—Massachusetts........................................
186
Steam boilers, inspection of. (See Inspection of steam boilers.)
Street-railway companies, obstructing tracks, etc., of—Massachusetts.....................................
187
Street-railway employees, protection of. (See Protection of street-railway employees.)
Street-railway employees, rights and remedies of—South Carolina.......................................... 1313
Street railways, only competent men to be employed on—Washington............................ 1322,1323
Sunday labor—
Massachusetts.................................................................................................................................
508
Oregon............................................................................................................................................... 1298
Tennessee, labor laws of................................................................................................................... 1314-1317
Texas, labor laws o f ............................................................................................................................ 1318,1319
Textile factories, specifications, etc., to be posted in—Massachusetts.......................................
186
Textile schools—Massachusetts.................................................................................................. 186,188,189
Time-tables, posting of, in mercantile establishments—Massachusetts.....................................
185
Trade-marks of trade unions—
Florida.......................................................................................................................................... 645-647
Oregon........................................................................................................................................ 1300,1301
Pennsylvania............................................................................................................................ 1302,1303
Voters, protection of employees as—Florida................................................................................ 647,648
Voting by railroad employees—Kansas........................................................................................... 870,871
Wages, assignment of, payment for—Indiana.................................................................................. 1135
Wages due laborers, protection of—Hawaii.................................................................................... 869,870
Wages, exemption of. (See Exemption of wages.)
Wages, payment of. (See Payment of wages.)
Wages, preferred—Kansas......................................................................................................................
872
Washington, labor laws of............................................................................................................... 1319-1324
Weighing coal at mines—
....
865
.. 867,868
.. 875,876
Women, employment of. (See Employment of women.)
London, the housing question i n ........................................................................................
1086-1088
Manufactures in Massachusetts, statistics of, 1899 and 1900..........................................
1244-1252
1-94
Mexico, labor conditions in ..................................................................................................
". 807-814
(Negro organization, a) The True Reformers...................................................................
Negroes of Cinclare Central Factory and Calumet Plantation, Louisiana...............
. . . 95-120
Pan-American Exposition, charts exhibited at the, by the Department of Labor.
.. 121-126
Present condition of the hand-working and domestic industries of Germany.......
.. 509-548
..*794-806
Prices of beef........................................................................................................................... .
Prices, wholesale, course of, 1890 to 1901............................................................................
.. 195-485
Quebec trade disputes a c t .....................................................................................................
.. 127-133
Social and labor legislation in Australia and New Zealand........................................
.. 598,599
. 881-1055
Statistics of cities......................................................................................................................
.. 600-602
Statistics of coal production..................................................................................................
Statistics of manufactures in Massachusetts, 1899 and 1900...........................................
1244-1252
Strike, anthracite coal, report to the President o n ........................................................
1147-1228
Strikes and lockouts:
1077-1082
France, 1900 ....... ............................................................................................................
Germany, 1900 and 1901................................................................................................
1082-1086
.. 146-152
Great Britain and Ireland, 1900..................................................................................
Italy, 1899.........................................................................................................................
1088-1093
.. 127-133
Trade disputes act, the Quebec........... ................................................................................
True Reformers, The (a negro organization)...................................................................
.. 807-814
Wages and hours of labor in Great Britain and Ireland, 1900......................................
.. 140-146
Wages of coal-mine workers in 1896 and in 1900—France...................... ......................
.. 595-597
.. 195-485
Wholesale prices, course of, 1890 to 1901............................................................................
.. 549-551
Workmen’s compensation acts of foreign countries......................................................
.. 834,835
Workmen’s trains in Great Britain.....................................................................................
Arkansas.
Colorado..
Montana..
LEADING ARTICLES IN PAST NUMBERS OF THE BULLETIN.
No.
No.
No.
No.
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No.
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No.
No.
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No.
1. Private and public debt in the United States, by George K. Holmes.
Employer and employee under the common law, by V. H. Olmsted and S. D.
Fessenden.
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, b y W . C. Hunt.
The wealth and receipts and expenses of the U. S., by W. M. Steuart.
3. Industrial communities: Coal Mining Co. of Anzin, by W . F. Willoughby.
4. Industrial communities: Coal Mining Co. of Blanzy, by W . F. W illoughby.
The sweating system, by Henry White.
5. Convict labor.
Industrial communities: Krupp Iron and Steel Works, by W . F. W illoughby.
6. Industrial communities: Familistere Society of Guise, by W. F. Willoughby.
Cooperative distribution, by Edward W . Bemis, Ph. D.
7. Industrial communities: Various communities, by W . F. Willoughby.
Bates of wages paid under public and private contract, by Ethelbert Stewart.
8. Conciliation and arbitration in the boot and shoe industry, by T. A. Carroll.
Bail way relief departments, by Emory B. Johnson, Ph. D.
9. The padrone system and padrone banks, b y John Koren.
The Dutch Society for General Welfare, by J. Howard Gore, Ph. D.
10. Condition of the Negro in various cities.
Building and loan associations.
11. Workers at gainful occupations at censuses of 1870, 1880, and 1890, by W. C.
Hunt.
Public baths in Europe, by Edward Mussey Hartwell, Ph. D., M. D.
12. The inspection of factories and workshops in the U. S., by W. F. W illoughby.
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. 0 . Ward.
13. The anthracite mine laborers, by G. O. Virtue, Ph. D.
14. The Negroes of Farmville, V a .: A social study, by W . E. B. Du Bois, Ph. D.
Incomes, wages, and rents in Montreal, b y Herbert Brown Ames, B. A.
15. Boarding homes and clubs for working women, by Mary S. Fergusson.
The trade-union label, by John Graham Brooks.
16. Alaskan gold fields and opportunities for capital and labor, by S. C. Dunham.
17. Brotherhood relief and insurance of railway employees, by E. B. Johnson,
Ph. D.
The nations of Antwerp, by J. Howard Gore, Ph. D.
18. Wages in the United States and Europe, 1870 to 1898.
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. W audby.
20. Condition of railway labor in Europe, by Walter E. W eyl, Ph. D.
21. Pawnbroking in Europe and the United States, by W . B. Patterson, Ph. D.
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. DuBois, Ph. D.
Wages in Lyon, France, 1870 to 1896.
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.
24. Statistics of cities.
25. Foreign labor laws: Great Britain and France, by W. F. Willoughby.
26. Protection of workmen in their employment, by Stephen D. Fessenden.
Foreign labor laws: Belgium and Switzerland, by W. F. Willoughby.
27. Wholesale prices: 1890 to 1899, by Boland P. Falkner, Ph. D.
Foreign labor laws: Germany, by W . F. W illoughby.
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. W illoughby.
No. 29. Trusts and industrial combinations, by J. W . Jenks, Ph. D.
The Y ukon and Nome gold regions, by S. 0 . Dunham.
Labor Day, by Miss M. C. de Graffenried.
No. 30. Trend of wages from 1891 to 1900.
Statistics of cities.
Foreign labor laws: Various European countries, by W . F. W illoughby.
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. W illoughby.
Prices of commodities and rates of wages in Manila.
The Negroes of Sandy Springs, 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. W illoughby.
The British conspiracy and protection of property act and its operation, by
A. M. Low.
No. 34. Labor conditions in Porto Rico, b y 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, b y 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.
No. 37. Railway employees in the United States, by Samuel McCune Lindsay, Ph. D.
The Negroes of Litwalton, Va.: A social study of the *'‘ Oyster Negro,’ * by
William Taylor Thom, Ph. D.
No. 38. Labor conditions in Mexico, by Walter E. W eyl, Ph. D.
The Negroes of Cinclare Central Factory and Calumet Plantation, La., by
J. Bradford Laws.
No. 39. Course of wholesale prices, 1890 to 1901.
No. 40. Present condition of the hand-working and domestic industries of Germany
b y Henry J. Harris, Ph. D.
W orkmen’ s compensation acts of foreign countries, by Adna F. Weber.
No. 41. Labor conditions in Cuba, by Victor S. Clark, Ph. D.
Beef prices, by Fred C. Croxton.
No. 42. Statistics of cities.
Labor conditions in Cuba.
@FedFRASER