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57t h C o n g r e s s , ) H OU SE O F R EPRESEN TATIVES. (Doc. No. 370,
‘id, Session,
i
l
Part 5.
DEPARTMENT OF COMMERCE AND LABOR.
BULLETIN
OF TH E
BUREAU OF LABOR.
No. 49—NOVEMBER, 1903.
ISSUED EVERY OTHER MONTH.
W A S H IN G T O N :
GOVERNMENT PRIN TING OFFICE.
1903.
EDITOR,
CARRO LL D. W R IG H T,
COMMISSIONER.
ASSOCIATE EDITORS,
G. W . W . H AN GER,
CHAS. H . V E R R IL L , G. A . W EB ER.
CONTENTS.
Page.
Cost of liv in g ........................................................................................................
1137-1141
Labor conditions in New Zealand, by V ictor S. Clark, Ph. D ...................... 1142-1281
Industrial conciliation and arbitration act of New Z ealand.......................... 1282-1311 •
Agreements between em ployers and em ployees..................................................1312-1340
Digest of recent reports of State bureaus of labor statistics:
C onnecticut....................................................................................................... 1341-1344
M ain e................................................................................................................. 1344-1347
M assachusetts................................................................................................... 1347-1351
M ontana............................................................................................................. 1351-1353
N ebraska........................................................................................................... 1353,1354
Digest of recent foreign statistical publications................................................. 1355-1359
Decisions o f courts affecting labor........................................................................ 1360-1379
Laws o f various States relating to labor enacted since January 1, 1896___ 1380-1388
in
B U L L E T IN
OP THE
BTJKEAU OF L A B O E .
N o.
49.
W ASH IN G TO N .
N ovem ber,
1903.
COST OF LIVING.
The Eighteenth Annual Report o f the Bureau o f Labor, the report
for the year 1903, which has just been completed and placed in the
hands o f the printer, presents the results o f an extended investigation
into the cost o f living o f workingmen’s families and the retail prices
o f the principal staple articles o f food used by such families. As the
full printed report will not be ready for distribution for several
months, and as many urgent requests have been made to the Bureau
for the results o f the investigation, especially as they relate to the
cost o f living now compared with the cost in form er years, a brief
summary o f the results is herewith shown.
The figures o f income and expenditure furnished in detail by 2,567
families in 33 States, representing the leading industrial centers o f the
country, form ed the material fo r the detailed study o f the cost o f
living. Certain data, which do not enter so much into detail, were
collected in regard to the cost o f living in 25,440 families, and the
results are extensively summarized in the full report.
The table on the follow ing page shows fo r five geographical divi
sions and fo r the United States the number o f families investigated
in detail, the average size o f family, the average income per family,
the average expenditure per family fo r all purposes, and the average
expenditure per fam ily fo r food, the income and expenditures being
fo r the year 1901.
1137
1138
BULLETIN OF THE BUREAU OF LABOR.
NUMBER OF FAMILIES, AVERAGE SIZE OF FAMILY, AVERAGE INCOME PER FAMILY,
AVERAGE EXPENDITURE PER FAMILY FOR ALL PURPOSES, AND AVERAGE EXPENDI
TURE PER FAMILY FOR FOOD, DURING THE YEAR 1901.
Geographical divisions.
Average
expendi
Average Average
ture per
incom
e
Fam ilies. size of
fam ily
per
fam ily. fam
for all
ily.
purposes.
Average
expendi
ture per
fam ily
for food.
North A tlantic States..................................................
North Central States..................................................
South A tlantic S tates................................................
South Central States..................................................
Western States............................................................
1,415
721
219
122
90
5.25
5.46
5.30
5.65
4.69
3834.83
842.60
762.78
715.46
891.82
$778.04
785.95
700.62
690.11
751.46
3338.10
321.60
298.64
292.68
308.53
United States.....................................................
2,567
5.31
827.19
768.54
326.90
This table shows that the 2,567 families consisted on an average o f
5.31 persons, 0.7 person above the average o f private families in the
whole country as shown by the census o f 1900. This larger size o f
family was not due to any intentional selection o f larger families, for
the only basis o f selection was that the head o f the family must be a
wage worker or a salaried man earning not over $1,200 during the
year, and must be able to give information in regard to his expendi
tures in detail. The average income fo r the year o f these 2,567
families from all sources was $827.19. The average expenditure fo r
all purposes was $768.54 and the average expenditure fo r food was
$326.90 per family, or 42.54 per cent o f the average expenditure for
all purposes.
That part o f the investigation which relates to retail prices is, it
should be stated, the first extended investigation that has been made
into retail prices in this country. A ll previous price studies cover
ing a period o f years have dealt solely with wholesale prices, which,
o f course, do not represent accurately the cost to the small consumer.
In their general trend retail prices follow the wholesale prices, but
their fluctuations are smaller and less rapid, and this is clearly brought
out in the full report. A comparison o f the relative wholesale and
retail prices (simple averages) o f 25 similar articles or groups o f arti
cles o f food, covering the period 1890 to 1902, inclusive, shows a range
o f 37.2 per cent in wholesale prices, but only 15.4 per cent in retail
prices.
In order to ascertain the course o f retail prices o f food for a series
o f years and the consequent changes in the cost o f living as regards
food, the Bureau through its agents secured from the books o f 814
retail merchants, in the same localities from which data relating to
family expenditures were obtained, the retail prices o f the principal
staple articles o f food. Prices were taken fo r each month during the
13 years o f 1890 to 1902, inclusive, which was as far back as it was
possible to go. These covered 30 distinct articles, and, under each
1139
COST OF H Y IN G .
article, various grades and descriptions o f that article. From the
prices thus obtained relative prices were calculated, the average prices
fo r the ten-year period 1890 to 1899 being taken as equal to 100. The
importance o f the various articles or groups o f articles of food in the
family consumption being known from the expenditures o f the 2,567
families referred to above, the relative prices o f the several articles
o f food were weighted according to this importance. The result,
shown in the follow ing table, gives fo r 5 geographical divisions and
the United States fo r the period 1890 to 1902 the relative retail price
o f the food consumed in one year by a workingman’s family, com
pared with the average price fo r the ten-year period 1890 to 1899:
RELATIVE RETAIL PRICE OF FOOD, WEIGHTED ACCORDING TO THE AVERAGE FAMILY
CONSUMPTION, 1890 TO 1902.
[Average price for 1890 to 1899=100.]
South W estern United
North
South
North
A tlantic Central A tlantic Central States,
States,
States,
States,
States,
States,
fam
2,567
1,415
721 fam 219 fam 122 fam 90ilies.
fam
ilies.
ilies.
fam ilies.
ilies.
ilies.
%
Year.
1890..............................................................
1891..............................................................
1892,............................................................
1893..............................................................
1894..............................................................
1895..............................................................
1896..............................................................
1897..............................................................
1898..............................................................
1899..............................................................
1900..............................................................
1901..............................................................
1902..............................................................
102.3
103.2
102.1
104.4
99.2
97.7
97.0
96.9
98.8
99.5
101.2
104.7
110.5
102.3
104.5
101.8
105.4
100.6
98.0
94.6
95.6
98.4
98.9
100.8
106.1
111.7
101.2
102.1
101.1
103.2
100.0
98.7
96.8
97.1
99.3
100.5
102.4
106.9
111.8
102.1
103.6
100.7
103.5
100.0
98.1
96.1
97.3
98.8
99.9
101.1
106.9
113.5
102.4
103.8
101.9
104.4
99.7
97.8
95.5
96.3
98.7
100.1
101.1
105.2
110.9
107.7
108.7
105.2
102.9
99.3
96.7
93.2
92.7
95.2
98.5
98.1
99.9
104.4
This table shows that the cost o f food, considered as a whole, reached
its highest in 1902, the average fo r that year being 10.9 per cent above
the average fo r the ten-year period 1890 to 1899. Compared with
1896, the year o f lowest prices, the cost in 1902 showed an increase o f
16.1 per cent.
T o assist in making easy a comparison o f 1902 prices with those o f
each o f the other years, the follow ing table has been prepared show
ing the per cent o f increase o f 1902 prices over the prices o f each
previous year o f the period:
PER CENT OF INCREASE IN RETAIL PRICES OF FOOD IN 1902, OVER PRICES IN
PREVIOUS YEARS, WEIGHTED ACCORDING TO AVERAGE FAMILY CONSUMPTION.
Per cent o f increase in 1902 over—
creograpnicai divisions.
1890. 1891. 1892. 1893. 1894. 1895. 1896. 1897. 1898. 3899. 1900. 1901.
North A tlantic States....... 8.0
7.1
North Central States......... 9.2
6.9
South A tlantic States....... 10.5
9.5
South Central States......... 11.2
9.6
W estern States................... <*3.1 <*4.0
United States..............
8.3
6.8
8.2
9.7
10.6
12.7
<*.8
5.8
6.0
8.3
9.7
1.5
11.4
11.0
11.8
13.5
5.1
13.1
14.0
13.3
15.7
8.0
13.9
18.1
15.5
18.1
12.0
14.0
16.8
15.1
16.6
12.6
11.8
13.5
12.6
14.9
9.7
11.1
12.9
11.2
13.6
6.0
9.2
10.8
9.2
12.3
6.4
5.5
5.3
4.6
6.2
4.5
8.8
6.2
11.2
13.4
16.1
15.2
12.4
10.8
9.7
5.4
<* Decrease.
1140
BULLETIN OF THE BUREAU OF LABOR.
I f the relative prices o f food given above be taken in connection
with the average actual expenditure fo r food in 1901 o f the 2,567 fam
ilies investigated by the Bureau, the amount o f the average expenditure
fo r food in each year may be calculated. This has been done and the
results showing fo r 5 geographical groups and for the United States
the average cost o f food per family in each year from 1890 to 1902,
inclusive, are given in the follow ing table:
AVERAGE COST OF FOOD PER FAMILY, 1890 TO 1902, BASED ON AVERAGE COST PER
FAMILY IN 1901 AND THE RELATIVE RETAIL PRICES OF FOOD WEIGHTED ACCORDING
TO FAMILY CONSUMPTION.
Year.
1890..............................................................
1891..............................................................
1892..............................................................
1893..............................................................
1894..............................................................
1895..............................................................
1896................. ............................................
1897..............................................................
1898..............................................................
1899..............................................................
1900..............................................................
1901..............................................................
1902..............................................................
North
Nortn
South
A tlantic Central A tlantic
States,
States,
States,
1,415 fam 721 fam 219fam
ilies.
ilies.
ilies.
$330.35
333.26
329.70
337.13
320.34
315.50
313.23
312.91
319.05
321.31
326.80
338.10
356.83
$310.08
316.75
308.57
319.48
304.93
297.05
286.74
289.77
298.26
299.78
305.54
321.60
338.57
$282.72
285.23
282.44
288.30
279.36
275.73
270.42
271.26
277.41
280.76
286.07
298.64
312.33
South
Central Western United
States,
States, States, 90 2,567
fam
199. fam fam ilies.
ilies.
ilies.
$279.64
283.64
275.71
283.37
273.79
268.59
263.11
266.40
270.50
273.51
276.80
292.68
310.75
$332.61
335.72
324.90
317.80
306.68
298.65
287.84
286.29
294.01
304.21
302.97
308.53
322.43
$318.20
322.55
316.65
324.41
309.81
303.91
296.76
299.24
306.70
311.05
314.16
326.90
344.61
From this table it will be seen that the average cost o f food per
family in 1890 was $318.20. In 1896, the year o f lowest prices, it fell
to $296.76, and in 1902 reached the highest point o f the period, being
$344.61, an increase, as has been already stated, of 16.1 per cent over
1896 or o f 10.9 per cent when compared with the average fo r the
10-year period 1890 to 1899. The increase in the cost o f living as
shown by the results o f this investigation relates to food alone, repre
senting 42.54 per cent o f all family expenditures in the 2,567 families
furnishing information.
O f the remaining articles, constituting 57.46 per cent o f the family
expenditure, certain ones are from their nature affected only indi
rectly and in very slight degree by any rise or fall in prices. Such
are payments on account o f principal and interest o f mortgage, taxes,
property and life insurance, labor and other organization fees,
religion, charity, books and newspapers, amusements and vacations,
intoxicating liquors, and sickness and death. These together consti
tuted 14.51 per cent o f the family expenditure in 1901 o f the 2,567
families investigated. Miscellaneous purposes, not reported, for
which, from their very character, no prices are obtainable, made up
5.87 per cent, and rent, fo r which also no prices fo r the several years
are available, made up 12.95 per cent.
The remaining classes o f family expenditure, 24.13 per cent o f all,
consist o f clothing 14.04 per cent, fuel and lighting 5.25 per cent,
COST OF LIVING-.
1141
furniture and utensils 3.42 per cent, and tobacco 1.42 per cent. For
these no retail prices covering a series o f years are available, but
accepting as true o f wholesale and retail prices here what this investi
gation has found true in the case o f food, namely, that retail prices
rise and fall more slowly and in smaller degree than wholesale prices,
an examination o f the relative wholesale prices o f these classes o f
articles in Bulletin No. 45, giving them their proper weight according
to family consumption, leads to the conclusion that the retail prices o f
these articles as a whole in 1902 could have been but little, if at all,
above the level indicated by food.
It is apparently a safe and conservative conclusion, therefore, that
the increase in the cost o f living, as a whole, in 1902, when compared
with the year o f lowest prices, was not over 16.1 per cent, the figure
given above as the increase in the cost o f food as shown by this inves
tigation. This assumes, o f course, always the purchase o f the same
articles and the same quantities in years o f low prices, low wages, and
more or less irregular employment, and in years o f higher prices,
higher wages, and steady employment.
LABOR CONDITIONS IN NEW ZEALAND.
BY VICTOR S. CLARK, PH. D.
INTRODUCTION.
The colony o f New Zealand, while it has recently annexed a score
o f tropical islets to the northward and possesses a number o f outlying
groups in other neighboring waters, is confined from an industrial
point of view to two islands, which contain over 99 per cent o f the
total area o f the colony and practically the entire European popula
tion. These islands are separated b y a strait so narrow as to make
them to all intents continuous territory. They form a long ribbon o f
land extending through a range o f latitude in the southern hemisphere
corresponding to that o f our Pacific States in the northern, though
with a somewhat more uniform climate on account o f their remote
ness from continental land areas. Certain features o f their topog
raphy also suggest the Pacific coast. The northern uplands, clad
with pine or Kauri forests, are not unlike the redwood and fir coun
try o f California and Oregon, and to an American the fertile, flat
wheat plains o f the Middle Island, with a background o f snow-capped
mountains, recall the Sacramento Valley. But here the resemblance
ceases, for in the broken Otago oat country and the flat prairies o f
Southland, which form the southernmost and coldest farming section
o f the colony, the climate is misty and dour, like that o f Scotland, and
there are seasons when the crop in places stands all winter unripened
in the fields.
The area o f New Zealand approximately equals that o f Colorado.
North Island covers 44,468 and Middle Island 58,525 square miles.
The population is rather evenly distributed in four main groups,
around as many urban centers, and in this respect the colony is quite
different from its Australian neighbors, each with its preponderating
metropolis. In 1901 o f the 773,000 persons o f European birth or
descent, but 226,000 lived in towns o f 10,000 population or over. This
29 per cent o f the population, moreover, was distributed among four
cities o f about equal size, while in New South Wales 36 per cent and
in Victoria 41 per cent o f the whole population o f the State resides
in the capital. A n American can roughly represent the distribution
o f population in New Zealand by conceiving the residents o f the State
1142
LABOB CONDITIONS IN NEW ZEALAND.
1143
o f Connecticut, with New Haven excluded, settled along a strip o f
Atlantic seaboard varying from 45 to 250 miles in width and extend
ing from New Y ork to Jacksonville, living mostly in rural communi
ties and villages not larger than those o f our colonial days, with a
town the size o f Utica in the vicinity o f Philadelphia, and three some
what smaller towns in the relative positions o f N orfolk, Charleston,
and Savannah. But in New Zealand the occupied land is rimmed on
its western edge by a mountain chain, some o f the peaks of which rise
to an altitude o f 12,000 feet, and beyond stretches the uninterrupted
ocean.
The natural resources o f the country are chiefly pastoral and agri
cultural, but there are coal and lignite areas which supply nearly
1,250,000 tons per annum, or more than 94 per cent o f the total con
sumption o f the colony, and placer gold deposits worked by dredges
and quartz mines exist in both the islands. The fossil gum o f the
Kauri is dug fo r varnish, a native flax plant grows wild and yields
valuable fiber fo r export, and the lumbering and timber trade is o f no
mean importance. In so far as the gifts o f nature determine the
industries o f the colony, this completes the list. Local manufactures
merely supply the domestic market, and that only in part; though
with long distance transmission the abundant water power o f the
mountain streams may ultimately be used to work up the raw mate
rials o f the islands previous to export. The fisheries are unimportant,
but the colonial mercantile marine employs a large number o f men
and adds to the prosperity o f the coast towns. W ool, frozen meat,
and butter are the main contributors to the country’s wealth, and New
Zealand is essentially a land o f rural industry.
The colony is governed by a parliament consisting o f a lower house,
elected by all adult male and female citizens for a term o f three years,
and an upper house whose members serve seven years and are
appointed by the executive. There is a responsible cabinet, whose
members sit in the lower house and whose premier is the real execu
tive o f the colony. The crown governor possesses only nominal
authority.
H ISTO R Y.
Though New Zealand was colonized principally from England and
Scotland, the history of its political and economic development can be
read only in connection with that o f Australia. In England a period
o f apathy in colonial enterprise followed the loss o f her American
colonies, and during the succeeding half century, while Australia was
being settled and at the close o f which New Zealand was colonized,
her over-sea possessions were regarded chiefly as a dumping ground
for convicts. It was in Australia itself that higher ideals o f new
nation building were awakened during the struggle to do away with
1144
BULLETIN* OF THE BUREAU OP LABOR.
convict settlement, and from that country came the first incentive to
erect in New Zealand a colony where all the mistakes o f the past should
be avoided. A company was formed in England to carry the new theo
ries into practice. Instead o f convicts, the best citizens were encour
aged to join. But convicts had hitherto afforded the only reliable labor
supply in these distant lands; and if free laborers were to accompany
the colonists there must be some way o f preventing their turning too
rapidly into independent proprietors, as it was the attraction o f cheap
land that drew workmen away from wage-earning pursuits. In order
to avoid this, capitalists and laborers were to migrate together, but
land was to be sold at a “ sufficient” price— fixed at abjout $15 an acre
in the Canterbury district— and the proceeds were to be devoted to
assisting immigrants and carrying out the public improvements needed
in a new colony. Thus workmen were to be prevented from acquir
ing land so rapidly as to deplete the labor market; the incentives o f
government assistance and o f assured employment on public works
and by private employers o f means were held before them as an
inducement to emigrate, and a foundation was laid for that state con
trol o f public improvements and utilities which is still maintained in
the Australasian colonies. Assisted immigrants easily drop into the
habit o f looking to the government for things supplied elsewhere by
private endeavor; and the somewhat liberal ideas prevailing in New
Zealand regarding vested interests in real estate, and the readiness
with which the government reappropriates what in many other coun
tries is considered as the most sacred form o f private property, is to
be explained in part b y this early theory o f land procedure.
W ellington and Auckland, at opposite ends o f North Island, were
founded in 1840; Dunedin was settled by Scotch Free K irk people in
1848, and Christchurch, north o f Dunedin and near the north central
coast o f Middle Island, by Church o f England people in 1850. Dunedin
is the Plymouth and Christchurch the Virginia colony o f New Zealand
settlement.
The physical features o f the two islands differ widely, and it is only
in the north that the native Maoris exist in any numbers. The Can
terbury (Christchurch) and Dunedin settlers found rolling prairies
and open river bottoms,* untenanted by savage inhabitants, beasts, or
reptiles, untimbered and ready for the plowshare, with a climate as
mild as that o f our Southern States and as bracing as that o f our
W estern prairies, without fevers or other endemic diseases— a land
where the native plants and animals o f Britain throve in a way to sur
pass their progenitors. Progress was naturally rapid and unchecked.
In North Island there was more to contend with, for the Maoris
gave the settlers an Indian question, the soil was lighter and heavily
timbered in places, and the country, with its still intermittently active
volcanoes and broken topography, made the development o f facilities
LABOE CONDITIONS IN NEW ZEALAND.
1145
fo r intercommunication slow and costly. Even to-day there is no rail
way connection between Auckland and Wellington. But the climate
was milder— verging on the tropical— and Auckland was nearer, by
many days’ sailing, the older settled portions o f the Empire than were
her southern neighbors. So fo r 25 years this city remained the capital;
she is still the metropolis, and her northern harbor yet remains the
chief colonial port o f entry fo r passengers and mails.
During the earlier half o f the colony’s history, when settlement
still clung around the four chief towns and travel was slow and tedious,
the country was divided into four provinces, according to the distri
bution o f its population, and though the central parliament was not a
federal body, and the smaller divisions were more similar to our coun
ties than to our States, there was considerable activity in local govern
ment. Each province administered its own land funds, built its own
railways and public works, provided fo r public education, and passed
ordinances legislating in many matters o f purely local importance.
But the provincial revenues were derived chiefly from the central
government, and when the expenditure necessitated by the Maori war
lessened their funds, and the demand for the unification of railway
management deprived the provinces o f one o f their most important
functions, they passed away— to the permanent regret o f many who
still stand high in the councils o f the government. Their abolition
marks the beginning o f the modern period o f New Zealand history;
for at the same time the results o f the policy, inaugurated five years
before, o f borrowing extensively fo r public improvements and assisted
immigration, began to be felt, free and compulsory education was estab
lished, the earliest labor legislation was enacted, the centralization o f
governmental functions in a single parliament was consummated, and
there began a breaking away from the English traditions of local gov
ernment and the growth o f tendencies opposed to individualism, which
have since become so characteristic o f the colony’s legislation and
institutions.
It was not until the latter half o f this period, however, or more
strictly speaking since 1890, that the radical tendencies and forces
previously incubating in a widening public sentiment became openly
manifest. Until the date mentioned conservative influences were pre
dominant, and only for one short period o f two years, from 1877 to
1879, were the liberals in complete control. In 1884 political forces
appear to have been in unstable equilibrium; there were three minis
tries in less than as many weeks, and four changes o f cabinet within a
year. This ended with a coalition o f liberals and conservatives, with a
liberal premier, fo r three years, followed by an equal period o f con
servative rule, and the rise o f the present radical-liberal, or “ Progres
sive ” party, as it is sometimes called, which secured control o f the
government in January, 1891, and has been in uninterrupted possession
1146
BULLETIN OF THE BUREAU OF LABOR.
since that date. The first Progressive premier, Mr. Ballance, died in
1893, and was succeeded by Mr. Seddon, who still holds the reins o f
power, apparently without effective political opposition.
The land question, even now far from a dead issue, preceded the
labor question as the predominant subject o f contention in New Zealand
politics. The lands sold to colonists in the vicinity o f the original
settlements did not constitute a large fraction o f the total area o f the
islands, and with the extension o f railways and the general inflation
that accompanied the public borrowing policy o f the ministries o f the
seventies, there was heavy speculation, especially in the Canterbury
district. Large tracts in North Island had been acquired by pastoralists under grant from the natives, who had retained ownership o f
their tribal lands under a treaty with the British Government. Aus
tralian immigrants brought in all the run-holding tricks that had been
invented during the checkered career o f their own land laws. A bove
all, the natural features o f the country, with its vast tracts o f upland
pasture, unfitted fo r cropping, and its remoteness from market, which
made it necessary that its exports should bear a high ratio o f value to
their bulk, encouraged the formation o f large sheep runs and grazing
estates. New Zealand, like Mexican California and Australia, was
forced to pass through a stage o f almost exclusive pastoral industry.
The conditions o f our own Indian Territory, with its cattle leases and
squaw-men settlers, together with the conditions o f Texas or W yom ing,
with their illegal fencing o f public land and hostility to the small,
rancher, appeared with such unessential variation as colonial condi
tions suggested. But New Zealand is a comparatively small country,
whose inhabitants are accustomed to live a life with a liberal margin
and are not contented to cultivate garden patches. Their land hunger
was therefore the keener and the more impatient o f stint, pressure for
land was the sooner felt, and the large estates so recently acquired—
and sometimes so questionably— were looked upon with a hostility
likely at any time to lead to radical action. They hampered public
improvements, created great solitary tracts in the midst o f settled
country, usurped land that would be more remunerative in crop than
in pasture, excluded the public from water ways, and, as a writer o f
the colony says, “ afforded more food fo r reflection than for consump
tion.” In 1891 there were nearly 10,500,000 acres in holdings o f 5,000
acres or over, and o f these holdings 31 contained 2,602,000 acres.
Furthermore this absorption o f so large a part o f the form er public
domain by a few persons or corporations created concern for the land
that still remained in the hands o f the government. This was consid
erable in amount, but a large portion was in the heavily wooded and
broken country o f the North Island, where clearing was expensive and
roads could be made only at great cost and with considerable delay.
A major part o f the public domain was not surveyed or available for
LABOR CONDITIONS IN NEW ZEALAND.
1147
immediate settlement. In short, a generation o f intending agricul
turists had grown up only to face a land corner.
These conditions seem to account fo r the genesis o f the radical party
in New Zealand. But some o f the earliest agrarian legislation was at
the hands o f a conservative cabinet. The land question differentiated
itself into {a) a question o f taxation, (5) a policy o f public land admin
istration, (c) a policy o f “ bursting u p ” large estates. Two offshoots
o f this question appear in the government loans to settlers and the
village settlements acts.
Taxation reform was attempted by the liberal ministry in the late
seventies, but the conservative ministry, faced by deficits and depres
sion, established a real and personal property tax o f Id. per pound (4£
mills per dollar) which remained in force until 1891. This was, there
fore, the first question to which the Progressive party addressed itself.
The real property tax was abolished and in its place a tax was laid upon
unimproved value o f land. There is no tax upon improvements or live
stock, and a m ortgagor is taxed only upon the equity in his property.
The mortgagee pays the land tax upon the value o f the face o f the m ort
gage. I f the net value o f land and mortgages does not exceed £1,500
($7,300) an exemption o f £500 ($2,433) is allowed, and owners o f land
valued at less than £500 ($2,433) have no land tax to pay; but for
every £2 ($9.73) by which the net value exceeds £1,500 ($7,300) the
exemption is reduced by £1 ($4.87), so that when the value reaches
£2,500 ($12,166) there is no exemption, t h e ordinary tax upon land
and mortgages is Id. per pound (4£ mills per dollar). In addition to
the ordinary tax, there is a graduated land tax on all land having an
unimproved value o f £5,000 ($24,333) or over. This varies from Id.
per pound (£ mill per dollar) on a value o f £5,000 or under £10,000
($24,333 to $48,665) to 2d. per pound (8£ mills per dollar) on a value o f
£210,000 ($1,021,965) or over. Thus the holders o f the largest areas
pay altogether 3d. per pound ( l i cents per dollar), while the small
farmers who own less than £500 ($2,433) worth o f land pay nothing*.
The personal-property tax was also abolished and in its stead a
graduated income tax was established, from which persons receiving
less than £300 ($1,460) are exempt. The rate is 6d. per pound (2£
cents per dollar) on the first taxable £1,000 ($4,867) and Is. per pound
(5 cents per dollar) on every additional pound, except in the case o f
public companies, which pay Is. per pound (5 cents per dollar) on
the whole sum. In this way taxation has been used to discourage the
accumulation o f large fortunes, and especially to check the formation
o f large landed estates.
The conservative party had already attacked the question o f public
land tenure. There was an old-established system o f pastoral leases,
founded to some extent upon Australian precedents, with a 21-year
revaluation; but agricultural land was mostly freehold. In 1882,
1148
BULLETIN OF THE BUREAU OF LABOR.
however, the cabinet secured the adoption o f a measure by which the
authorities were permitted to lease crop lands in areas o f not over
640 acres, and grazing lands in larger tracts, at an annual rental o f 5
per cent o f the prairie (unimproved) value, with revaluation at the end
o f the first 30 years and every 21-year period thereafter. So the P ro
gressives found three classes o f holdings— freeholds, pastoral lease
holds, and crown leaseholds— when they came into power. Pastoral
leaseholds are no longer a subject o f keen interest to the New Zea
lander, but he is still fighting hotly over the respective merits o f the
freehold and the crown-lease systems. The latter has been modified,
however, by the present government. Under the existing laws crown
tenants are given a lease in perpetuity, without revaluations, at an
annual rental o f 4 per cent o f the prairie value. There is also a lease
with a purchasing clause, at 5 per cent o f prairie value rental, which
can be converted into a freehold or a lease in perpetuity at the option
o f the holder. The third and final form o f tenure is the freehold
upon cash payment. Judging from the land records o f the past year,
the lease with purchasing clause is the most popular form o f tenure
with settlers.
The policy o f reappropriating large estates became effective with
the Progressive government. This was largely through an accident.
The procedure in New Zealand is not essentially more radical or more
o f an invasion o f vested interests than that by which the British
Government proposes to transfer the land o f Ireland to its tenants.
Under the law then in force the government must purchase at its
assessed valuation an estate whose assessment was protested, or* else
reduce the valuation. The assessment o f the Cheviot estate in Middle
Island was thus protested, the margin o f valuation in dispute being
nearly $219,000, and the government purchased. The tract was sub
divided and leased, so that the government derived an annual profit
from the transaction, in excess o f rentals over and above the interest
upon the securities issued to pay fo r the property. A s a result,
the follow ing year, in 1894, an act was passed giving the government
power to condemn and purchase private estates for subdivision and
settlement. The proprietor has a right to retain his home and a
reasonable area o f land surrounding it. This law superseded an act
passed two years previously granting similar powers without the
compulsory sale clause. U p to March 31, 1902, the government
had acquired 107 estates, containing 448,349 acres, at a cost o f over
$10,300,000. The purchase money has been raised upon public securi
ties. During the same period the government derived a profit from
excess o f rentals over interest o f nearly $435,000. But the effects o f
this and the other legislation mentioned have not been as yet to revo
lutionize the size o f land holdings in the colony. There are still
9,571,246 acres occupied by 103 persons, and 20,961,861 acres are
LABOB CONDITIONS IN NEW ZEALAND.
1149
occupied by 895 persons. In Canterbury, the most fertile province o f
the islands, about half the occupied land is held by 60 persons, in
holdings o f over 20,000 acres.
Under the same act the public authorities may acquire by compul
sory purchase not more than 100 acres a year in any town having a
population o f 15,000 or over, or within 15 miles o f the borders o f such
a town, fo r workingmen’s homes. This land is allotted to working
men in tracts o f not over 5 acres, and assistance is given the purchasers
to build dwelling houses. Eight such properties were bought and
subdivided during the last fiscal year.
The Government Advances to Settlers A ct was a law passed to
relieve conditions somewhat similar to those prevailing in the Western
prairie States during the depression o f 1893. Farms were heavily
mortgaged at high rates o f interest, and the price o f farm produce
was low. The revolt against these conditions that took the form of
free silver and other cheap-money agitation in America manifested
itself as a low-interest demand in New Zealand. The colony did not
coin its own money and could not manipulate the ratio o f the precious
metals as a measure o f agrarian relief, but its citizens were practically
familiar with the recourse o f public borrowing. Therefore an act
was passed in 1894 providing fo r a public loan o f three millions
sterling, or nearly $15,000,000, to be reloaned to farmers and urban
real-estate owners and leaseholders, at low rates o f interest, upon firstmortgage security. A provision fo r repayment in installments, at the
option o f the borrower when making the loan, is also incorporated in
the act. The government pays not to exceed 4 per cent fo r the
money it borrows, and reloans it at 5 per cent, with a reduction o f £
per cent fo r prompt interest payment. Up to March 31, 1902, the
government had loaned under this act between $18,000,000 and
$19,000,000 to over 11,000 settlers. In addition to these loans, the
government life insurance department and the public trustee, who
administers estates o f deceased persons where other provision is not
made, invest large sums in farm mortgages. As a result interest rates
in such investments have fallen greatly during the last decade. In
1894 nearly half the mortgages registered in the colony bore 7 per
cent interest or over; in 1902 considerably over half bore interest at a
rate not exceeding 5 per cent. This fact was recognized at the last
session o f parliament by reducing the mortgage tax one-fourth.
The Village Settlements A ct amounts practically to assigning set
tlers town-site allotments o f an acre each, with adjacent farm holdings
o f 100 acres, under a system not unlike that worked out by our own
land officials in recent reservation openings. This and other offshoots
o f the land policy do not promise to become important in the economic
history o f the colony. The law just mentioned has been in operation
150—No. 49—03-----2
1150
BULLETIN OF THE BUEEAU OF LABOE.
under different form s for a number o f years, and on March 31, 1902,
there were but 2,019 settlers under the act, who held a total o f 42,043
acres.
The distinctive features o f the Progressive land policy will doubtless
continue to be, as at present, the graduated land tax, leasehold tenure
o f public lands, with the implied retention o f government rights in
the property thus conditionally alienated, and the compulsory pur
chase and subdivision o f large estates in the interest o f the small
settler.
The body o f legislation just described is supposed to protect the
agriculturist o f small means from exploitation by the capitalist. A
parallel series o f enactments has been devised fo r the purpose o f
securing the same results for the nonlandholding wage-earner. But
before considering the labor laws, certain acts not classified under
either o f these heads ought to be mentioned. They relate chiefly to
the franchise. The first o f them precedes, and in fact partly accounts
for, the dominance o f the Progressive party. It was a law passed in
1889, in response to the “ one man, one v ote” agitation, and deprived
electors o f the privilege which they previously held as property
holders o f voting in more than one precinct. The second, which
became a law in 1893, granted the franchise to women on the same
terms as to men. The third and last, passed in 1896, abolished finally
all nonresidential or property privileges o f voters, and established,
except fo r the woman-suffrage addition, practically the same condi
tions as generally obtain in the United States. The municipal fran
chise is still subject to limitations. The terms o f members o f the
upper house o f parliament, form erly for life, have been limited to
seven years; but this chamber has not yet been made an elective body.
The labor question did not attain prominence in New Zealand politics
until about the time the present party came into power. There had
been a few orthodox labor laws placed upon the statute books in
earlier years. In 1873 an act was passed preventing the employment
o f women and children in factories fo r more than eight hours a day.
Five years later a trade-union act was passed, providing for the regis
tration o f these bodies and the responsibility o f their officers, evidently
with the beneficiary rather than the militant functions o f unionism in
view. It was not until 1894 that the old labor-conspiracy laws were
legally abolished. U p to that time labor statutes dating back to
.Elizabeth and George 1 remained nominally in force. An employers’
liability law was enacted in 1882. A ll these statutes have been
repealed, amended, or superseded b y subsequent legislation.
Meantime there had been forces at w ork favorable to a rapid advance
along labor lines. English trade unionism and a certain social ideal
ism from America seem to have influenced this movement. D octri
naire socialism is even at the present time practically unknown in NeiV
LABOR CONDITIONS IN NEW ZEALAND.
1151
Zealand.
Karl Marx and his school have not influenced colonial
workingmen or their leaders. The ex cathedra socialists are unfamil
iar to the great mass o f labor workers and voters, and where known
o f are distrusted.
A principal officer o f the socialist party said:
“ There has been no study o f Marx. H e has had absolutely no influ
ence— is practically unknown, I may say, among New Zealand social
ists. Doctrinaire socialism has had no influence whatever upon the
development o f practical socialism in this colony.” A former member
o f parliament, representing the labor party, said: “ Bellamy influenced
the emotional part o f the community greatly. Henry George, who
was in the colony, also helped along the sentiment toward taxing
unimproved values.” The term “ unearned increment” often occurs
in reports o f speeches made at labor meetings, and there is at least one
enthusiastic single-taxer supporting the government in the coming
parliament. The American Knights o f Labor have also contributed
their mite to the doctrines o f the reform party. *Assemblies o f this
organization were formed in New Zealand during 1888 and the years
immediately following, and the order attained a maximum member
ship o f about 5,000. Even now it is not entirely extinct in the colony.
Its political influence was greater than its numbers. Mr. Ballance,
the first Progressive premier, and Mr. Mackenzie, the land minister,
who brought in most o f the agrarian legislation o f that party, were
members o f the Knights, and the platform o f that society is to be
found recorded entire in the parliamentary debates. However, it was
probably not so much the originality o f its suggestions as the fact that
the American order represented an organized propaganda o f views
with which they were already in sympathy that found it favor among
the colonial leaders. The reform movement has been essentially, so
far as it aims at labor and property legislation, trade union in its prin
ciples. The difference between this practical, experimental, AngloSaxon socialism and that o f the German and other social theorists is
well set forth by the minister who introduced much o f the novel labor
legislation now upon the New Zealand statute books:
They [the Progressives] vote fo r laws to check speculation in land,
or the further selling o f crown lands, not as steps in a socialistic proc
ess conducting to state ownership, but because bitter experience has
taught them that free trade in land means land monopoly, and that
land monopoly congests cities and stops progress.
They support
compulsory arbitration and other regulating labor laws, not as steps
toward placing the instruments o f production under state control,
but in order that workers may obtain, by peaceful and regular meth
ods, a little more than a living wage, and the barbarism o f strike and
lockout be abolished. The cheap-money laws are passed not to begin
the abolition o f private money lending, but to provide the tillers o f
the soil with capital at more reasonable rates than the loan company,
the lawyer, ana the commission agent have hitherto charged him.
Progressive taxes are laid not as a foretaste o f the confiscation o f
1152
BULLETIN OF THE BUREAU OF LABOR.
riches, but to make wealth bear its fair share o f public burdens, and
to stimulate the subdivision o f large holdings. Governmental as he
is, the labor politician is at heart more o f a trade unionist than a con
scious socialist. * * * He accepts the wages system, rent and
interest, private ownership, private enterprise. * * * The steady
support which he gives to land laws the object of which is to create
peasant proprietors, the votes which he gives fo r land taxes from
which small holdings are exempt, would startle German socialists and
American single-taxers.
W hile this is substantially true, especially o f the attitude o f the lib
eral as opposed to the radical wing o f the Progressive party, it must
be taken with some reservations if applied to the organized worker so
far as he is represented by his spokesmen at the meetings and confer
ences o f the unions. In relation to land the workingmen are opposed
to freehold tenure, and desire that periodical revaluations o f the land
held by crown tenants be made and the land tax be increased. This all
looks toward the ultimate nationalization o f land, and that principle
has been reaffirmed repeatedly at their meetings. A t the colonial
conference o f trades and labor councils in 1902 resolutions were unan
imously adopted calling fo r “ nationalizing the milling, baking, and
other industries; ” a for nationalizing the oil and mineral wealth and car
rying trade o f the colon y ;” for “ instituting the nationalization o f coal
m ines;” fo r the municipalization o f street railways, gas, electric light
ing, baths, lecture halls, and places o f amusement; for the establish
ment o f a State bank with sole right of note issue; fo r State fire insur
ance; for establishing State tailoring and boot shops, and ammunition
and saddlery works, fo r supplying the public service. A State coal
mine is now being developed, and an officer o f the government seri
ously proposed placing the merchant marine under public control.
There appear to have been two immediate causes fo r the success o f the
Progressive party in 1890 and fo r its strong pro-labor tendencies. The
first and less important politically was an investigation o f labor condi
tions in the four principal cities o f the colony, made b y a government
commission in 1890, as a result o f a series o f articles that appeared in
the Otago Times o f the previous year, disclosing the fact o f under
cutting and sweating among some classes o f employees in Dunedin.
In the testimony gathered by this “ sweating commission” are found
many suggestions, including evidence in favor of compulsory arbitra
tion, that were embodied in the later labor laws. Much more im
portant, however, were the effects o f the Australasian maritime strike
o f 1890. The great docking strike in London the previous year,
which was managed b y the English labor leader, John Burns, had
attracted much attention and sympathy in Australasia, and assistance
was sent to the struggling workers in the home country by many
colonials who were property owners and in no way directly associated
with the working classes. In New Zealand and Australia the mari
time trades were at this time strongly organized and closely affiliated.
LABOR CONDITIONS IN NEW ZEALAND.
1153
The shipping and longshore occupations were fully unionized, and the
laborers were so strong financially that in a previous dispute they
had chartered ships to run in competition with the older lines in
order to enforce their demands. The strike o f 1890 started in Aus
tralia, and fo r a time New Zealand was kept free from the movement.
When the New Zealand unions finally went out, it was as a result of
an incident that occurred in an Australian port, and the strike, always
looked upon as sympathetic, did not have the support o f the New
Zealand public.
A n attempt made by the strikers to involve the
government railway employees, which was met successfully by most
energetic measures on the part o f the public authorities, still further
alienated public opinion. Men from all callings and conditions o f
life volunteered to help move the merchandise congested in the ports,
and the strike collapsed completely in both countries, to the utter
prostration o f unionism in New Zealand fo r the time being. Organ
ized workmen lost faith in strikes as a remedy for their troubles, and
acting under the suggestion o f the recently extended franchise and the
hints o f the liberal leaders who had sympathized with them in defeat,
formed a coalition with the political minority and brought the Ballance
ministry into power.
With the predisposition o f public sentiment toward radical legisla
tion already described, and this immediate dependence upon the
newly organized workingmen’s vote fo r political control, the program
o f the new party was clearly determined. The land question was
dealt with in the manner previously described. The equally pressing
labor question was met as promptly. The first year o f the new min
istry saw three labor laws placed on the statute books— a factory act,
a truck act, and an amendment to the employer’s liability act o f 1882.
The follow ing year saw the introduction o f the workingmen’s lien, and
the year after a law was passed for protecting wages in case o f the
insolvency o f a contractor or employer, and to secure the weekly pay
ment o f wages. In 1894, after repeated defeats in the upper house,
the compulsory conciliation and arbitration act became a law. Numer
ous amending and consolidating acts and laws o f relatively minor
importance have since been placed upon the statute books. In 1900 a
workers’ compensation fo r accidents law, somewhat more comprehen
sive than the English statute upon which it is modeled, was enacted.
Closely related to labor legislation is the old age pension law o f 1898.
It is hardly necessary to trace the history o f the different acts
through all their different amendments until the present time. A
synopsis o f the existing laws is given in a separate chapter, and the
development o f the compulsory arbitration act is described more fully
elsewhere. The tendency o f each successive measure has been to
define more clearly and to secure more stringently certain rights and
privileges o f the workingman. There has been thus far no reaction
from the policy instituted in 1891.
1154
BULLETIN* OE THE BUREAU OE LABOR.
STATISTICS.
The present ministry has been favored during its decade o f power
by a constantly rising tide o f industrial and agricultural prosperity.
This has been emphasized b y its contrast with the immediately pre
ceding period o f acute depression. Not only has New Zealand bene
fited by the world-wide cycle o f rising prices which has characterized
the border years o f the two centuries, but it has been favored by cer
tain special conditions affecting peculiarly its own resources and
industries. The perfecting o f cold-storage processes has enabled the
colony to build up a great dairy industry and extend its frozen-meat
trade with the mother country. The form er development especially
has worked a beneficent revolution in the conditions of rural life in
the islands. The South African war created a ready and exceedingly
profitable market fo r New Zealand’s meats and agricultural products,
and more than doubled the price o f oats, the principal grain raised in
her southern provinces. The series o f drought years in Australia not
only eliminated one o f her chief competitors during a most profitable
period o f trade, but created a new market fo r many products and
extended the demand for others at her very doors. The wasted flocks
o f New South Wales and Queensland can supply neither meat nor wool
in quantities sufficient to depress the market for some time to come.
A ll these factors must be counted in any analysis o f New Zealand’s
statistics fo r the past ten years.
There has also been an artificial stimulation o f local prosperity, due
to the extensive borrowing o f the government fo r expenditure upon
public works and cheap loans to settlers. L ow interest rates have
encouraged building improvements and the free circulation o f capital
has made it easy to engage in new business enterprises. During the
last five years the government has spent over $43,000,000 o f borrowed
money upon public works. Much o f this has been used to pay for
labor upon roads, bridges, and railways, and has found its way imme
diately into local circulation. This has naturally constituted a second
condition, in addition to profitable markets, favorable to business
prosperity. #
New Zealand has been fortunate in the sources from which it has
drawn its population. Less than 3 per cent o f the people, excluding
Maoris, come from countries where English is not the mother tongue,
and a vast majority o f those born outside the colony come from Great
Britain itself. The policy of assisted immigration is in part respon
sible fo r this, and the remoteness o f the country from ordinary routes
o f travel and its almost exclusive trade connection with England and
America have contributed to maintain the preponderance o f Britons
among those coming to the islands. The population statistics for the
last five census enumerations are as follows:
1155
LABOR CONDITIONS IN NEW ZEALAND.
POPULATION AT EACH 5-YEAR PERIOD, 1881 TO 1901.
Per cent ofYear.
Males.
1881.............................................
1886.............................................
1891.............................................
1896.............................................
1901.............................................
269,605
312,221
332,877
371,415
405,992
Females.
Total.
220,328
266,261
293,781
331,945
366,727
489,933
578,482
626,658
703,360
772,719
New
Zealand
bom .
45.60
51.89
58.61
62.85
66.83
British
born.
50.19
44.09
38.32
34.25
30.60
Maoris.
Foreign
bom .
4.21
4.02
3.07
2.90
2.57
44,097
41,969
41,993
39,854
43,143
The estimated population on March 31, 1903, was 430,484 males and
384,358 females, a total o f 814,842 white inhabitants.
During the depression in the late eighties there was an excess of
departures over arrivals in the colony. W ork was scarce and land
difficult to obtain, so there resulted the somewhat novel condition of
the sons o f a young country endowed with abundant natural resources
leaving her shores to seek employment and opportunities fo r home
building in other lands. The following table shows the arrivals and
departures by five-year periods:
ARRIVALS AND DEPARTURES BY 5-YEAR PERIODS, 1886 to 1901.
Five years ending—
Arrivals.
Depar
tures.
1886................................................................................
1891................................................................................
1896.....
..........................................................
1901................................................................................
82,481
72,146
108,592
99,113
54,074
85,110
88,602
80,450
of Assisted
Excess of Excess
im mi
arrivals. depar
tures.
grants.
28,407
12,964
12,505
2,050
19,990
18,663
During the three months ending March 31, 1903, the arrivals num
bered 15,100 and the departures 8,187, an excess o f arrivals over
departures o f 6,913. This relatively large excess o f arrivals is due in
part to an influx o f Australian workmen driven from home by the
stress o f recent droughts. Since 1890 assisted immigration, while not
wholly discontinued, has played an unimportant part in population
movement. The policy o f encouraging immigration with public funds
is not favored by the labor party.
The census statistics show an increase in the proportion o f the popu
lation engaged in gainful occupations during the last ten years. The
figures are as follows:
NUMBER AND PER CENT OF POPULATION ENGAGED IN GAINFUL OCCUPATIONS AT
EACH 5-YEAR PERIOD, 1891 TO 1901.
Year.
1891...................................................................................
1896...................................................................................
1901...................................................................................
Males.
207,346
239,862
274,559
Females.
45,417
53,070
65,671
Total.
252,763
292,932
340,230
Per cent of
total popu
lation.
40.3
41.6
44.0
1156
BULLETIN OF THE BUREAU OF LABOR.
This table includes among those reported as engaged in gainful
occupations persons temporarily unemployed, but regularly dependent
upon some trade or calling fo r their support. The distribution accord
ing to employment relations is as follow s:
MALES AND FEMALES ENGAGED IN GAINFUL OCCUPATIONS, BY STATUS OF EMPLOY
MENT, AT EACH 5-YEAR PERIOD, 1891 TO 1901.
Males.
Status of em ploym ent.
Females.
1891.
1896.
1901.
Em ployers..................................................
Independent workers................................
W age-earners.............................................
U nem ployed...............................................
Relatives assisting.....................................
24,842
80,288
120,476
31,740
28,818
42,599
132,727
14,759
20,959
T otal..................................................
207,346
239,862
1891.
1896.
1901.*
34,002
47,317
166,432
8,467
18,341
1,391
3,204
27,945
12,877
1,627
5,731
37,168
2,637
5,907
2,010
8,750
48,088
1,359
5,464
274,559
45,417
53,070
65,671
PER CENT OF MALES AND FEMALES ENGAGED IN GAINFUL OCCUPATIONS, BY STATUS
OF EMPLOYMENT, AT EACH 5-YEAR PERIOD, 1891 TO 1901.
Males.
Status o f em ploym ent
1891.
E m ployers.......................................... —
Tnrienerident workers
. . _____
W age-earners......................... ....................
U nem ployed...............................................
■Relatives, assisting__ _______ ___ ___ ___
T otal________ ______________
1896.
Females.
1901.
1891.
12.39
17.23
60.62
3.08
6.68
3.06
7.06
61.53
15.31
12.02
17.76
55.33
6.15
8.74
100.00
100.00
100.00
11.98
14.61
58.10
1896.
1901.
28.35
3.06
10.80
70.04
4.97
11.13
3.06
13.32
73.23
2.07
8.32
100.00
100.00
100.00
No unemployment statistics were gathered in connection with the
census o f 1891, those not working being classified under the occupation
which they reported as their customary vocation.
The last three
enumerations differ from those preceding in the system o f classifying
employments. This is due to New Zealand’s adopting the uniform
occupation schedules recommended by the 1890 conference of Austral
asian statisticians. F or that reason comparative occupation tables do
not include figures from previous enumerations. The decrease during
the last five years in the percentages o f unemployed and persons classi
fied as relatives assisting, or in the nonwage-earning portion o f the
working population, is significant o f the growing prosperity o f the
colony.
Those engaged in gainful occupations are distributed by vocations
as follows:
1157
LABOR CONDITIONS IN NEW ZEALAND.
NUMBER AND PER CENT OF PERSONS ENGAGED IN EACH KIND OF OCCUPATION AT
EACH 5-YEAR PERIOD, 1891 TO 1901.
Number.
Occupation.
Per cent o f total population.
1891.
1896.
1901.
15,821
24,928
19,246
28,810
23,509
34,394
2.52
3.98
2.74
4.10
3.04
4.45
1891.
1896.
1901.
Professional................................................
Domestic service........................................
Commercial:
Property and fin an ce.........................
T rade....................................................
S torage................................................
Transportation and com m unication.
Industrial....................................................
Primary production:
A griculture..........................................
Grazing................................................
M in in g ................................................
Unclassified..........................................
Indefinite....................................................
3,756
22,992
1,035
15,413
70,521
4,460
28,067
916
16,937
81,814
5,631
33,438
868
21,750
101,184
.60
3.67
.17
2.46
11.25
.64
3.99
.13
2.41
11.63
.72
4.31
.10
2.82
13.10
59,058
9,549
16,929
5,010
7,751
73,221
10,079
18,590
4,240
6,552
67,812
21,410
17,816
4,883
7,535
9.42
1.52
2.70
.80
1.24
10.41
1.43
2.64
.60
.93
8.78
2.77
2.31
.63
.98
T otal..................................................
252,763
292,932
340,230
40.33
41.65
44.01
The figures indicate a gradual increase in secondary as contrasted
with primary producers. Evidently in 1901 many farmers who had
been rated as agriculturists in the previous enumeration were returned
as graziers. W ith the extension o f the frozen-meat industry and the
rearing o f sheep fo r butchering rather than for shearing, the tendency
is to reduce the size o f flocks, but to increase their nunaber, thus extend
ing the pastoral industries among the small farmers, who turn their
root crops into mutton before marketing. The most notable increase
is among those engaged in industrial pursuits. They outnumbered the
farmers and graziers by 1,914 in 1891 and by 11,962 ten years later.
Mining is evidently not extending as an occupation, though produc
tion has increased during the last decade. The slow but steady growth
in the relative number o f persons engaged in the professions and
domestic service indicates a gradual transition from the conditions o f
a pioneer community to those o f an older country.
The number o f wage-earners and o f unemployed in the occupations
named at the time o f the last two enumerations is given in the follow
ing table:
WAGE-EARNERS AND UNEMPLOYED, BY KIND OF OCCUPATION AND SEX, 1896 AND 1901.
Wage-earners.
Occupation.
Male.
1896.
1901.
Unem ployed.
Female.
1896.
1901.
Male.
1896.
Female.
1901.
1896.
1901.
8,763
3,470
10,975
3,995
5,429
19,711
6,576
24,369
321
245
311
164
341
1,424
312
557
2,287
14,746
751
2,818
18,384
807
15
1,646
45
3,162
5
63
1,214 63
43
708
34
66
2
101
13,929
47,973
18,230
66,290
298
9,887
464
13,186
905
7,846
642
3,508
9
750
10
377
22,936
6,787
7,416
3,183
486
23,192
8,897
9,503
3,340
1
79
91
157
121
1
2
2,174
537
935
270
186
890
191
695
93
1,188
45
T ota l..................................... 132,727
166,432
37,168
48,088
14,759
8,467
2,637
Professional...................................
Dom estic serv ice...........................
Comm ercial:
Property and finance..............
Trade .......................................
Storage
Transportation and commu
n ication................................
Industrial.......................................
Primary production:
A gricu ltu re.............................
G razing...................................
M ining.....................................
U nclassified............................
In d efin ite......................................
12
2
1,359
1158
BULLETIN OF THE BUREAU OF LABOR.
Comparing the above with the preceding table, it is noticeable that
while the total number engaged in mining decreased during the 5-year
period, the number o f wage-earners in that industry showed substan
tial gains. The proportion o f wage-earners in agriculture and grazing
is also increasing, but here the change is not so marked and may be
accounted fo r by statistical rather than by industrial variations. The
principal fact shown in the table is the uniform decrease o f unem
ployment in all the occupations enumerated. This fact becomes espe
cially prominent if relative rather than absolute unemployment be
considered.
Statistics similar to those just quoted, but confined to representative
groups o f trades, give the following table:
WAGE-EARNERS AND UNEMPLOYED, BY GROUPS OF OCCUPATIONS AND SEX, 1896
AND 1901.
Wage-earners.
Group o f occupations.
B uilding trades..................................
Clothing trades..................................
Leather trades...................................
Meat and dairy trades......................
M etal w orkers...................................
Miners (c o a l).....................................
Miners (g old )............ ........................
Printing trades..................................
Males.
Unemployed.
Females.
Males.
1896.
1901.
1896.
1901.
1896.
7,217
4,112
1,107
1,293
3,282
1,347
5,626
1,913
10,991
4,015
1,562
2,394
4,974
2,025
6,375
2,211
3
8,224
7
13
9
10,407
24
36
6
1
271
511
1,205
299
82
28
367
110
737
249
Females.
1901.
676
219
43
39
281
68
523
85
1896.
1901.
719
330
6
15
The figures sufficiently indicate the present prosperity o f the build
ing trades. The relatively large unemployment in the printing trades
in 1896 was due in part to the recent introduction o f typesetting
machinery in the larger offices. A most notable fact is that during
the five years in question the number o f creamery and meat freezing
and preserving operatives nearly doubled. It is apparent, however,
that the factory side o f these industries will remain relatively unim
portant from the em ploying standpoint. Nearly six out o f seven o f
the workmen engaged in the building trades are carpenters, and the
proportion o f blacksmiths among the metal workers is still larger.
Official statistics show a rapid expansion o f the manufacturing
industries o f the colony during the past decade. The following figures
are compiled from the census returns. There is a difference between
these figures and those reported by the labor department, because the
statistics o f the latter are made to conform with the legal definition of
a factory, as any place, except buildings in process o f erection, where
two or more persons are employed in a handicraft or manufacturing
operation. The definition o f a factory used by the census officials is
not given, but it includes less than the one adopted by the labor
department and affords more satisfactory comparison with the statis
LABOR CONDITIONS IN NEW ZEALAND.
1159
tics o f other countries. The first table gives data showing the
increase o f manufacturing industries during the last decade.
STATISTICS OF MANUFACTURING INDUSTRIES AT EACH 5-YEAR PERIOD, 1891 TO 1901.
Increase l>etween—
Items.
1891.
1896.
Establishments.......... ......................
Hands em ployed..............................
Wages paid........................................
H orsepow er.......................................
Capital in lan d..................................
Capital in bu ildin g...........................
Capital in m achinery......................
Total ca p ita l.....................................
Value o f p rod u ct..............................
2,254
25,633
$8,801,747
21,696
$6,261,896
$7,221,409
$12,123,371
$25,606,676
$42,697,878
2,459
27,389
$9,283,296
28,096
$5,177,902
$8,482,665
$14,545,750
$28,206,317
$46,471,960
1901.
1891 and
1896.
3,163
205
41,726
1,756
$15,079,147
$481,549
39,052
6,400
$8,337,551 a$l, 083,994
$11,775,971 $1,261,256
$18,622,022 $2,422,379
$38,735,544 $2,599,641
$83,417,402 $3,774,082
1896 and
1901.
704
14,337
$5,795,851
10,956
$3,159,649
$3,293,306
$4,076,272
$10,529,227
$36,945,442
« Decrease.
During the decade the average number o f hands in each factory
increased from 11 to 13, and the horsepower employed per hand from
0.85 to 0.94. The horsepower per inhabitant is about 0.05. In the
United States, excluding electric-power plants and places employing
less than 1£ horsepower, the figure is 0.13. The average annual wages
o f factory operatives rose from $343.38 to $361.38 during the tenyear period. This increase o f 5.2 per cent in wages hardly compen
sates for the accompanying rise in prices. (a) Meantime the value o f
product per operative rose from $1,666 to nearly $2,000 per annum,
an increase o f 20 per cent, and the amount o f capital employed per
operative fell from about $1,000 to $928, a decrease o f 7.2 per cent.
W hile suggestive, these figures indicate very little as to the relative
profit drawn by the manufacturer and his workmen from the period
o f expansion still in progress; fo r the greater value o f product for
each employee may represent in large part the return o f capital pre
viously invested by the employer in raw material. But the inference
is that there has been nothing in the economic condition o f the colony
seriously unfavorable to factory employers as a class during the ten
years in question.
« In 1900 the average annual earnings of operatives in the industries of Massachu
setts were $439.57, an increase o f 2.8 per cent over the previous year. The aver
age annual earnings of all operatives in all manufacturing industries in O hio for the
same year w ere $447.02. These annual earnings are, respectively, 21.6 per cent
and 23.7 per cent higher than those of New Zealand operatives. The average cost
of w orkingm en's board in Ohio, according to the report o f the State bureau of
labor statistics, is about 30 per cent less than the cost in New Zealand. The New
Zealand factories w ork 1 to 1£ hours a day less than the Am erican.
1160
BULLETIN OF THE BUREAU OF LABOR.
The follow ing table gives more detailed statistics o f the 10 principal
manufactures o f New Zealand:
STATISTICS OF 10 PRINCIPAL MANUFACTURES, BY 5-YEAR PERIODS, 1891 TO 1901.
Establishments.
Industries.
1891.
Meat freezing andpreserving (a)
Tanning and w ool scouring (6 ).
Creameries (« )...........................
Saw m ills...................................
Clothing and boot factories (c)
Printing (<*)................................
Flour m ills................................
B rew eries..................................
Foundries and m achine shops.
W oolen m ills.............................
76
104
74
243
82
142
129
129
79
8
1896.
94
117
170
299
107
154
90
116
90
9
Operatives.
1901.
101
119
247
334
160
188
78
107
111
10
1891.
1,652
1,196
269
3,266
3,345
2,569
499
563
1,787
1,175
Wages.
Industries.
1896.
Meat freezing and preserving (a) 3706,397
449,869
Tanning and w ool scouring (6 ).
72,647
Creameries (a ).............................
Saw m ills.................................... 1,322,783
Clothing and boot fa ctories(c).
895,533
Printing (d )................................. 1,042,331
254,927
Flour m ills..................................
B rew eries...................................
305,130
Foundries and m achine shops..
765,364
384,648
W oolen m ills..............................
3907,412
569,298
195,424
1,572,965
1,041,514
1,052,634
198,991
324,717
631,492
445,864
1896.
1901.
2,554
1,963
1,188
6,812
6,325
3,134
515
827
3,590
1,693
2,158
1,629
576
4,059
4,479
2,351
419
560
1,642
1,416
Value o f product.
1901.
078,562
775,438
469,291
500,836
453,297
385,030
240,230
479,662
495,033
545,053
1891.
37,777,124
4,994,727
734,632
4,053,595
2,880,691
1,725,461
4,826,653
1,853,402
1,964,290
1,358,605
1901.
38,329,175
6,021,087
2,439,450
4,374,044
3,051,587
1,893,672
4,256,513
2,038,236
1,473,649
1,471,742
315,062,849
9.188.473
7,470,807
6,174,075
4,301,602
3,427,403
3,323,255
3.208.474
4,497,478
1,748,933
a The products of these establishments are not rated as m anufactures in export statistics.
5 The products o f these establishments, except leather, are not rated as manufactures in export
statistics.
cN ot including tailor or dressmaking shops.
dN ot including governm ent printing office.
New Zealand’s recent prosperity is fully explained by the growth o f
her exports. The values o f the six principal products and o f her total
shipments to foreign countries fo r the five years ending March 31,
1903, are as follows:
VALUE OF SIX PRINCIPAL EXPORTS AND OF TOTAL EXPORTS FOR YEARS ENDING
MARCH 31,1899 TO 1903.
Year ending
March 31—
W ool.
Gold.
Frozen
meat.
1899......................
1900......................
1901......................
1902......................
1903......................
322,608,805
21,045,797
23,111,962
18,001,685
19,098,501
35,259,183
7,363,890
7,005,823
8,534,790
9,853,319
38,266,967
10,165,418
10,335,867
10,965,500
15,717,019
A gricul M anufac
Cheese and tural
prod
butter.
tures.
uce.
32,625,311
3,472,817
4,719,196
5,455,789
8,518,677
31,998,660
4,446,414
5,988,545
7,457,356
5,434,854
31,235,142
1,839,858
2,673,373
2,068,954
3,752,894
Total ex
ports.
350,246,554
57,423,435
63,533,369
61,758,124
70,619,241
There is seen to have been a regular increase in the total value o f .
exports, except in 1901-2, when the falling off is to be accounted for
by the lower price o f wool. Though the total wool exports that year
increased 6,113,593 pounds over the previous year, or 4.34 per cent,
the value decreased $5,110,277, or 22.11 per cent. The most notable
increase is in the value o f butter and cheese shipments, which more
than trebled during the five years in question. Phormium, or New
Zealand flax, and leather constitute 75 per cent o f the manufactures
LABOR CONDITIONS IN NEW ZEALAND.
1161
sold outside o f the country, and are to be classed as partially raw
materials. The exports not named in the table, but whose value appears
in the total, are o f relatively minor importance. Kauri (varnish) gum
is the principal item, the annual value o f the product being about
$2,250,000. It is shipped in large quantities to the United States.
Timber to the value o f over $1,000,000 is also exported annually. A
large part o f the increase in the value o f agricultural products is to be
accounted fo r by the high prices and ready demand occasioned by the
Australian drought and the South African war. It is evident that as
long as the New Zealanders are able to sell in outside markets products
to the value o f nearly $100 per capita per annum and at the same time
produce a large share o f their own food stuffs and no mean share o f
their most necessary manufactures, the industrial and economic position
o f the colony is reasonably secure.
In comparing manufacturing and export statistics attention should
be called to an inconsistency in the figures presented. Meat freezing
and curing establishments, wool-scouring sheds, and creameries are
rated as factories in the official reports, and the values o f their products,
about $30,000,000 per annum, would be twice counted if we were to
rate them as raw materials and to assume that “ manufactures” in the
last table represented the only portion o f the product o f “ manufac
turing establishments,” as given in the previous tables, that is exported.
The imports fo r the year ending March 31, 1902, were valued at
$57,511,000, o f which $6,887,000 came from the United States.
Since 1890 the net public debt o f the colony has increased from
$181,432,000 to $252,268,000, but part o f this is represented by
mortgage and land investments made by the government under the
aid to settlers and estate purchasing acts. A large sum has also been
spent in public improvements, some o f which, like railways, add
directly to the income o f the government. During the same period
the public revenue from all sources has risen, in round numbers, from
$22,000,000 to $30,000,000 or relatively more rapidly than the indebt
edness. Therefore, while the per capita debt o f the colony rose from
$293.19 to $319.32 during the five years ending March 31, 1902, the
percentage o f the revenues absorbed by debt charges, including sink
ing fund, fell from 34.28 per cent to 29.80 per cent.
About one-half o f the colonial revenue is derived from taxation, and
approximately 75 per cent o f this is raised by customs duties. During
the fiscal year ending March 31,1903, the receipts from customs were
$12,374,583. The land tax amounts to about $1,500,000 per annum, o f
which about $350,000 is derived from the graduated tax. The income
tax returns less than $900,000.
The total private deposits in banks o f issue and savings banks at the
end o f 1901, the last year fo r which figures are available, were esti
mated at about $110,000,000, or approximately $140 fo r every white
1162
BULLETIN OF THE BUEEAU OF LABOE.
inhabitant. The sayings deposits were about $35,370,000. Out o f
every 1,000 white inhabitants o f the colony 117 carry life insurance,
the average face o f each policy being $1,225.67. In l901 the private
wealth per capita was estimated by the registrar-general at $1,418, an
increase o f $268 in ten years.
In 1900 there were 68 building societies in New Zealand, of which
33 were terminable, with annual receipts amounting to $3,209,000
and total assets o f about twice that sum. There were 443 lodges or
branches o f fraternal and other beneficiary societies, with a total mem
bership o f 40,257. Their combined assets were $3,730,000, or about
$93 per member.
Cooperative production has been tried in New Zealand in a few
instances, but has not been successful. There is a so-called cooperative
shoe factory in Auckland, but it is really a profit-sharing institution.
In one incorporated coach and automobile factory all o f the 23 adult
employees were shareholders. Cooperative distribution is fairly com
mon. Between 10 and 20 societies o f this sort are doing business in
the colony at the present time. A number have failed through giving
too generous credit. The word cooperative is used as a trade name
by many companies not run on that principle. Sometimes this is
a reminiscence o f earlier days when they were truly cooperative
companies; for there is a tendency fo r successful institutions o f this
sort to evolve into regular corporate companies. The W orkingm en’s
Cooperative Society o f Christchurch is one o f the oldest still running
according to its original plan. This company conducts a general mer
cantile business, and has recently opened a bakery. A majority of the
members are wage-earners, though membership is not restricted. The
society did a business o f about $65,000 last year, paid an average
dividend o f 6£ per cent, a bonus on wages, and a bonus to nonmembers
patronizing the company o f 0.4 per cent upon the value o f their
purchases.
G E N E R A L CON DITION O F LA B O R .
There is no satisfactory source fo r comparative statistics o f wages
and retail prices o f commodities in New Zealand fo r a series o f years.
The department o f labor is not empowered to gather direct informa
tion relative to wages, cost o f living, and similar sociological matters,
and the figures it derives from voluntary sources are stated by officers
o f the department and by labor officials to be only approximately
accurate. The department has not considered them sufficiently exact
to be reduced to averages. A parallel list o f wages and also some
general data as to prices are to be found in the Year Book, published
b y the registrar-general; but these are in the form o f maximum and
minimum figures fo r the different provinces, and are not collated or
averaged for the whole colony. Material is not at hand, therefore,
1163
LABOR CONDITIONS IN NEW" ZEALAND.
to show the trend o f real or even o f nominal wages during any par
ticular period. It is generally agreed that nominal wages fell gradu
ally from 1880 to 1895 and that they have risen decidedly since that
time. But the latter movement has been accompanied by an equally
decided rise in prices, which may have left real wages very nearly
where they were previously. Real wages are now lower than in the
United States. The census estimates o f the average annual wages
o f male and female factory operatives in 1891, 1896, and 1901 are as
follow s:
AVERAGE ANNUAL WAGES OF MALE AND FEMALE FACTORY OPERATIVES, 1891,1896,
AND 1901.
Sex.
1891.
1896.
Males................................................................................................................
Fem ales..........................................................................................................
$366.25
168.82
$375.69
145.02
1901.
$397.59
157.19
The decrease in the wages o f female operatives is probably due to
the larger employment o f young girls in textile mills and clothing
factories.
A n estimate made by the registrar-general gives the average wages
o f the colony as follow s fo r the years and occupations stated:
AVERAGE WAGES PAID IN CERTAIN OCCUPATIONS, 1874,1884, AND 1896.
1874.
Occupations.
Blacksm iths............ .......................................................................................
Bricklayers.................................................................... . .............................
Carpenters......................................................................................................
M asons.................................................. .........................................................
P ainters..........................................................................................................
Plum bers.........................................................................................................
Laborers...........................................................................................................
$2.62
2.80
2.62
2.92
1.70
1884.
1896.
$2.43
2.74
2.31
2.74
2.31
2.62
1.70
$2.19
2.43
2.19
2.49
2.07
2.35
1.64
The maximum and minimum wages reported by the same authority
show no variations o f significance in the last ten years, though it is
a matter o f common knowledge that the average wage has changed
considerably during that period. The follow ing are the maximum
and minimum wages reported for 1901 in the occupations indicated.
Unless otherwise stated, they are daily wages without board.
MAXIMUM AND MINIMUM DAILY WAGES PAID IN CERTAIN OCCUPATIONS, 1901.
Occupations.
Blacksm iths...........................
B ricklayers.............................
C arpenters.............................
Com positors...........................
Dressm akers.................... .
Laborers (com m on )..............
Laborers (farm )....................
M asons...................................
M iners.....................................
a Lunch provided.
M ini
mum.
$1.70
1.95
1.95
1.01
.41
1.22
1.22
2.19
1.70
M axi
mum.
$2.92
3.41
3.04
2.92
1.83
2.43
1.95
3.65
2.68
M ini
mum.
Occupations.
N eedlewom en......................
Painters................................
Plasterers.............................
Plumbers..............................
Servants................................
Shearers (sh eep ).................
Shoem akers.........................
T ailors..................................
6 Per week, with board.
«$0.61
1.70
2.19
1.95
61.95
03.65
1.46
1.22
o Per 100 sheep.
M axi
mum.
a$1.22
2.68
3.41
3.41
63.65
o4.87
2.43
3.24
1164
BULLETIN OF THE BUREAU OF LABOR.
The follow ing retail food prices are also taken from the registrargeneral’s estimates fo r certain years previous to 1903. Prices for
1903 have been taken from market quotations in May and June and
from information given directly by householders and merchants in
Auckland and Dunedin.
RETAIL PRICES OF CERTAIN ARTICLES OF FOOD, AT TWO-YEAR PERIODS, 1887 TO 1903.
A rticle.
Unit.
Beef (fresh )...............................................
B read .........................................................
Butter (cream ery )...................................
Cheese (cream ery)...................................
M ilk (cream ery).......................................
M utton (fre sh )..........................................
Sugar (granulated)...................................
Tea (English breakfast)...........................
P oun d..
P oun d..
P oun d..
P oun d..
Q u art...
P ou n d..
P oun d..
P oun d..
1887.
$0.07
.03*
.24
.11*
.06
.05*
.06
.55
1897.
$0.06
.03
.16
.12
.06
.04
.05
.49
1899.
1901.
$0.08
.02*
.20
.11
.06
.06*
.05*
.46*
$0.08*
.03
.20
.12
.06
.08
.05*
.42*
1903.
$0.15
.04
.22
.14
.08
.10
(a) .40
An
a Not reported.
In 1893 the secretary o f labor attempted to secure statistics o f the
family expenditures o f working people, but the results were unsatis
factory and no subsequent effort has been made to obtain this informa
tion. In a compilation o f returns from 146 selected schedules the
average size o f a family was seven, and earnings were grouped into
two classes, $486.65 or under and over $486.65 per annum. The
distribution o f expenditure was then found to be as follows:
AVERAGE EARNINGS AND EXPENSES OF FAMILIES RECEIVING $486.65 OR UNDER AND
OVER $486.65 PER ANNUM, 1893.
Items.
Average annual earnings........................................................................................
Rent...........................................................................................................................
Clothing.....................................................................................................................
Household expenses.................................................................................................
M iscellaneous (a )......................................................................................................
Earnings
$486.65 or
under.
$392
76
54
232
30
Earnings
over
$486.65.
$795
89
151
376
55
a Including insurance premiums and building and friendly society fees.
These figures, however, speak o f a condition long past in New Zea
land. W ages and expenditures o f every kind have increased during
the decade since they were compiled. Between 1896 and 1901 the per
capita expenditure fo r alcoholic liquors alone increased from $14.56 to
$16.66. The annual charges fo r drunkenness increased from 4,916 in
1896 to 7,319 in 1900.
The question o f current wages will be more fully considered under
the detailed account o f occupations. The recent rise in prices has
naturally added to the expense o f living in the colony. Contractors
estimate that the cost o f building has risen nearly 40 per cent in the
last five years. It was reported in W ellington that to erect, upon
standard plans and specifications regularly used by the department, a
school building that had previously cost $1,350 would now cost $2,000.
LABOR CONDITIONS IN NEW ZEALAND.
1165
Naturally this rise in prices has affected rents. A witness before the
“ Sweating Commission,” in Dunedin in 1890, reported the average
rent o f workingmen’s cottages in that city as $9.73 a month. In 1903
in Christchurch a laborer earning $1.70 a day when employed was
paying $13.14 a month fo r a four-room cottage. In Auckland, where
rents are supposed to be considerably lower than in the other cities,
the factory inspector reported that a good four-room cottage in a
respectable neighborhood could not be rented for less than $9.73 a
month. A six or seven room house in the same city, suitable for
a well-paid mechanic or a clerk, costs from $19.47 to $24.33 a month.
There were small houses advertised in the suburbs fo r $7.79 and $8.76
a month, but they were not in localities or in a condition to make them
desirable.
Commercial rates at hotels average 25 per cent higher than similar
accommodations in towns o f the same size in the United States.
Board in the lumber camps is from $3.65 to $3.89 per week in the
Auckland district, and is fairly good, though the quarters are rather
rough. Good board is hard to get and quite as expensive in W elling
ton or Auckland as in New Y ork City. Laborers board fo r from
$3.89 to $4.87 per week. Clerks can get accommodations for a dollar
or so a week more, o f the hall-bedroom variety, unheated, lighted with
a candle, and one towel a week. Students in Philadelphia and Balti
more have about the same accommodations fo r $6 a week as can be
secured fo r $9.73 a week in Auckland. The United States consulgeneral in the latter city estimated running household expenses as
nearly 40 per cent higher than in San Francisco. That is about the
difference in retail prices o f provisions in the two cities, though fresh
meats are as cheap or cheaper in Auckland than in America. “ Chuck
steak ” brings 8 cents a pound, and good cuts up to twice that sum. But
not nearly the same importance is paid to securing choice cuts as
in America, and our trade nomenclature is unfamiliar to New Zea
land workmen; this accounts in part for the evenness o f price in
the latter country. Salt meats, bacon, and ham cost about 25 per
cent more than in cities o f the same size in America, and are inferior
to ours. But the New Zealand mutton is better than that generally
sold in the United States. There is more variation, also, between the
winter and the summer prices o f vegetables and dairy products than
in America. Eggs were selling in Auckland in June, corresponding
to December with us, at 43 cents a dozen. Potatoes cost from 1 cent
to l i cents a pound. Onions are about the same. Fresh fruits are
exceedingly expensive. Canned goods and most kinds o f prepared
foods also cost more than with us. Some things range quite double the
American price. Dried apples are 16 cents and dried apricots 18 cents
a pound; 2-pound cans o f apricots, pears, peaches, or other orchard
150—No. 49—03----- 3
1166
BULLETIN OP THE BUREAU OF LABOR.
fruits sell fo r 18 cents; salmon is 18 and 20 cents and corned beef 80
cents a can. Quaker oats sell for 30 cents a package. The best white
beans bring 5 cents a pound. A 50-pound sack o f domestic flour sells
fo r $1.44 in Auckland. The lignite coal used in the same city costs
$7.30 a ton delivered. In some o f the southern cities, however, an
equal quality o f fuel can be obtained fo r $4.87 and $5.84 a ton. K ero
sene and gas are naturally more expensive than in America, the former
ranging from 83 to 91 cents a tin (4 gallons), and the latter costing
$1.22 a thousand feet.
Boots and shoes, small manufactured articles, and household uten
sils are slightly more expensive than in the United States. F or equal
quality, ready-made clothing costs about the same as in American
cities. The woolens are o f local manufacture. Though there are 15
“ flock” or shoddy mills in the colony, their product is said not to be
woven into local goods, (a) and no evidence o f such use was seen in the
textile mills visited. It is easier to secure reliable, standard-brand
fabrics than in the United States. Dress goods are rather more
expensive than with us, and the same is true o f underwear and fur
nishings, though in the latter lines the difference is not material.
The standard o f living in the four principal cities does not differ
appreciably from that in towns o f the same size in the northern States
o f the Union. Though their over-sea trade gives the New Zealand ports
a certain commercial breadth, and the protected local market renders
a large variety o f small manufacturing industries possible, the general
conditions o f labor that these places present are more nearly like
those prevailing in a prairie town o f the Central W est, or one o f the
secondary California cities, than those encountered in an eastern
factory town o f equal population. The total horsepower employed in
New Zealand’s factories could be more than supplied by four dynamos
in a single Niagara power house. There are no individual establish
ments or industries that dominate a single locality. One has to hunt
to find out what the people are doing in a colonial town. The work
men live in detached cottages in room y suburbs, and the tenement
house and the slum are practically unknown. There is not great ele
gance in life, not much contrast in the economic condition o f the
people, but the same abundant material com fort that one meets in the
prosaic, but busy railway and commercial towns o f the upper Mississippi
Valley. The people are more homogeneous than anywhere in Am er
ica. There is no fringe o f unassimilated foreigners on the outskirts of
society. But there is also less push and bustle and verve in business,
and a greater remoteness from wider world interests, than is found
among Americans. A man in the colony seems more inclined to stay
in the grade into which he was born. In America, among the personal
acquaintances o f the writer, is a man high on the judicial b^nch who
a A New Zealand clothing m anufacturer disputes this statement.
LABOR CONDITIONS IN NEW ZEALAND.
1167
worked at a carpenter’s bench till he was 35; a successful newspaper
man who made barrels in a cooper shop till he had boys o f high-school
age; a well-known scientist who was a farm laborer till he was nearly
30; a prominent insurance man who began as a section hand on a rail
road. This frequent advancement from the bottom to the top o f
society appears not to be so common in New Zealand. Possibly for
this reason there is vastly less individualism and, even in times o f
prosperity, more real or affected pessimism than among our own
industrial classes. A large portion o f the working people are still
transplanted British workmen, retaining many o f their old ideals and
traditions and not thrown into active competition with other national
ities or submitted to new industrial methods. In their game the stake
is wages; in the States it would be a fortune. A ll these conditions
tend to maintain class feelings and class conservatism among New
Zealand workmen that seem Old-W orld-like to an American. But
at the same time contact with broader opportunities, and the absence
o f clearly defined social stratification in New Zealand, has given the
colonial workman a freer manner and a wider outlook than he pos
sessed in the home country. W hether or not this has added to his
mechanical efficiency as a producer is disputed, but it certainly has
been no disadvantage to him as a man.
The conditions o f rural life in New Zealand are not materially dif
ferent from those in one o f our newer States. A northern farmer
would notice more external difference— from a car window— in man
ner o f living and agricultural methods during a 24-hour ride into the
G ulf Coast country, than he would notice after a voyage o f as many
days to this colony o f another hemisphere. The large estates, the
presence o f sheep in small farming, and the background o f pastoral
industry and interests, occupying the same relative position as hardgrain grow ing with us, would manifest themselves as the most prom
inent points o f diversity. Local government plays a smaller part in
the life o f a New Zealand farmer than in that o f the rural American;
but his interest in matters o f colonial legislation is intensified by the
intimate relation they bear to his own pocket, whether as determining
fiscal policy and his relations to foreign and home markets and the
tariff he pays on his imports, or as coming still nearer home in the
question o f land tenures, land tax, and local public improvements.
Agricultural labor has a grievance in New Zealand, which at present
it is airing in the newspapers, on account o f the contrast between its
own condition o f work, with long hours, comparatively low pay, and
almost no holidays, and the many advantages and privileges secured
by urban workmen and skilled mechanics through the arbitration court
awards. These laborers are in practically the same condition as the
same class o f workers in our own country. They rise early and work
late, and have Sunday chores, and an unusual stress o f toil at busy
1168
BULLETIN OE THE BUREAU OF LABOR.
seasons o f the year. Their food and lodging are not inferior to those
given similar laborers in the newer portions o f the Union. A Cana
dian farm laborer thought he had more comforts in New Zealand than
in the Dominion, with the advantage o f a milder climate. The pay o f
farm hands is seldom less than $3.65 or more than $4.87 a week and
found. The advantage o f the warmer climate is partially counter
balanced by a longer season o f heavy work than in the United States.
There is also more wet weather, when field labor is disagreeable, espe
cially in the southern provinces. Sheep-ranch hands, or station men
as they are locally called, earn about the same wages as agricultural
laborers. They are a more nomadic class, as a rule, but with the
increasing development o f the country many are acquiring small hold
ings which they work a portion o f the year. This is especially true
o f the shearers, who form a class by themselves, and rank among
skilled workmen. They are under an arbitration award in Canterbury
district, which provides that they shall receive $3.77 per hundred
sheep fo r machine shearing and $4.06 a hundred for hand shearing,
with rations, lodging, grazing fo r one horse, and similar privileges.
A competent shearer steadily employed throughout the season may
clear $500 in a single year.
The principal occupations carried on in the country outside o f agri
cultural and pastoral pursuits are lumbering, kauri gum digging, and
mining. Sawmill hands are known as timber workers, and are under
an award in each district. The minimum, which is about the average
wage, varies in different portions o f the colony, and ranges from $1.46
a day fo r ordinary hands up to $1.95 and $2.43 fo r head sawyers, yard
bosses, blacksmiths, machinists, and 46 saw doctors.55 This is for 8
hours5work. The last report o f the factory inspector shows that 1,039
adults were employed in city and 1,830 in country mills in the colony.
In some city establishments joinery and sash and door making are also
included. The minimum wage reported fo r adults was $3.65 a week,
and the maximum $20.44. This did not include foremen in the city
mills. The total number o f employees, including minors, reported in
joinery, sash and door making, and sawmilling was 5,107. In some
districts the substitution o f traction engines for oxen, where river
running is not possible, has led to a reduction o f the logging force
without affecting output. This is because w ork is more continuous,
and wet weather delays do not hamper w ork to the same extent with
steam traction as with animals. The pay o f loggers and choppers is
not regulated by an award, except that in some instances bullock
drivers are allowed a minimum wage o f $48.67 a month.
Kauri gum diggers usually work independently, and require a g o v
ernment license if they dig on public lands. They are sometimes
grub-staked by speculators and small supply men. The gum is worth
nearly $300 a ton, and the profits, while variable, are said to make
LABOR CONDITIONS IN NEW ZEALAND.
1169
the average gains o f the diggers somewhat higher than those of
ordinary laborers.
Coal miners w ork under awards or agreements in all instances, which
are adjusted to varying local conditions. Regular miners when paid
by time usually earn from $1.95 to $2.56 fo r a 6-hour shift, and truckers
from $1.83 to $2.19, according to the district. W here payment is by
the ton or other unit o f measurement the net earnings are supposed
to be about equal to wages. The highest rates are paid in the W estland district, on the northwest coast o f Middle Island, where the
best steam coal is obtained and workings are deeper than in some of
the newer and less profitable mines.
Gold mining in New Zealand is o f a tw o-fold character. In Otago
and some o f the southern provinces deposits of gold-bearing river
sands are worked by sluices or dredges. The hands are paid under
an award which provides fo r a minimum wage o f $1.95 in some dis
tricts and $2.13 in others for an 8-hour day. The difference in wages
in this case is due to the greater regularity o f work in districts where
the lower wage is paid. A ccording to the report o f the inspector of
mines fo r 1902, the wages actually paid miners in the dredging and
hydraulic districts varied from $9.98 to $14.23 a week. Sluicers do
not come under an award.
In the quartz mines the lowest minimum wage fixed by the court
has been $1.83 fo r a shift slightly under 8 hours in the Thames district
o f North Island, while for an 8-hour shift in the Westland district
the lowest legal rate o f wages is $2.31. The lowest actual wage
reported by the mining inspector in this occupation is $8.57 a week;
but in districts under awards wages vary from $9.98 to $13.75 a
week. It is significant that the pay o f ordinary laborers in all quartz
mining districts is reported to be the same as that o f miners. W ages
in the reducing works vary from $1.95 to $2.43 a day. Mine managers
receive from $14.60 to $29.20 a week. Mechanics get from $14.60 to
$19.47, and engineers up to $24.33 a week. The cost o f living in the
mining districts is said to be higher than in the cities.
The government is the largest employer in the transportation busi
ness, and, in fact, is the largest employer o f labor in the colony. In
1902 it owned 2,235 miles o f railway, in the operation o f which 8,313
men, or 3.72 men a mile, were employed. There were 207 employees
in the administrative, 2,434 in the traffic, 2,765 in the maintenance,
and 2,907 in the train department. These employees do not work
under an award o f the arbitration court, but are subject to a wage
schedule fixed b y the government, which specifies the range o f wages
in each class o f employment. The average daily wages in the shops
are as follow s: The highest-paid mechanics— pattern makers, molders,
boiler makers, and blacksmiths— $2.43 to $2.56; carpenters and paint
ers, $2.19 to $2.43; ordinary shop hands, $1.70 to $2.19; common
laborers, $1.46 to $1.70.
1170
BULLETIN OF THE BUREAU OF LABOR.
Daily wages in the operating department are, fo r 10 hours: L oco
motive engineers, $2.43 to $2.92; firemen, $1.83 to $2.19; cleaners,
$0.97 to $1.34; conductors (guards), $2.07 to $2.43. Station masters
are paid from $633 to $1,217 a year without residence. In the yards,
switchmen receive from $1.83 to $2.43 and signalmen $2.07 a day.
Section men are paid $1.70 and rail layers $1.83 a day. Electric
linemen receive $2.43. There are no night trains and practically no
Sunday trains except in suburban service.
The private railways o f the colony are unimportant, and have a
total mileage o f but 88 miles. Electric and other street railways are
operated in the four chief cities, usually by companies that have
leased the franchise from the municipalities. Dunedin and W elling
ton have up to the present time operated horse cars as municipal
enterprises, but a change to electric traction is under way in both cities.
There are in addition three private cable lines in Dunedin, a city whose
topography renders this kind o f traction advisable. W ellington and
Dunedin are under awards fixing the minimum (average) wages o f
horse-car drivers at $10.95 a week fo r 52 hours5 work. The W elling
ton conductors begin at $7.30 a week and receive four quarterly
increases until a wage o f $9.73 a week is reached. Dunedin cable
gripmen and motormen on one line are paid at the rate o f 24 cents an
hour, while on the other two lines they receive $11.78 a week. The
awards allow 30 cents an hour overtime, fo r more than 104 hours5
work in a fortnight. Chief conductors are paid $14.60 a week, and
other conductors $10.22 a week. A ccording to the remarks o f the
president o f the arbitration court, private lines pay their employees
better wages than the municipalities.
Seamen have hitherto worked under different awards in each district.
The time is for 4-hour watches, with 4 hours off. Ordinary labor is
allowed only in two watches. Firemen have 4 hours on with 8 hours
off. In port, seamen work 8 hours, which must be between 7 a. m. and
5 p. m. Minimum wages under the award are practically the uniform
wages paid. They vary from $17.03 and $19.47 a month for secondclass ordinary seamen to $31.63 and $34.07 a month fo r able seamen.
Firemen receive $41.37 and $43.80 a month.
Longshoremen are paid the minimum wage established by their
various awards in W ellington, Canterbury, Dunedin, and the W estland district, all o f which fix an 8-hour day with extra pay for over
time. Except fo r harbor board work in W ellington, which pays 2
cents an hour less, the usual rate is 30 cents an hour fo r ordinary
cargo and 49 cents fo r overtime. F or coaling and freezing-chamber
work the wage is 37 cents an hour. In the Westland mining district
the latter is the regular wage fo r all wharf and stevedore work.
In the building trades it is more difficult to ascertain the average or
usual wages from an inspection o f the awards. But even here the
LABOR CONDITIONS IN NEW ZEALAND.
1171
variations are not considerable. Out o f 372 carpenters employed in
W ellington at the time the last award was given in that trade, only 9
were receiving more than the minimum wage o f 33 cents an hour
established by the court. W here conditions o f rural employment are
taken into consideration b y the court in fixing an award for a district,
there are sometimes greater differences between the legal minimum
and the highest wages paid. The Otago award fixes the wages o f
journeymen painters at 30 cents an hour fo r an 8-hour day, but wages
in Dunedin were said to run as high as 43 cents an hour and to be cus
tomarily above the award minimum. In Christchurch the bricklayers
have form ed no union. They are satisfied with their present wages
o f from $3.16 to $3.65 a day. The award wages o f plumbers and
gasfitters vary from 28 to 32 cents an hour in different cities.
The highest wage actually paid in Christchurch is $3.10, for an 8-hour
day. In the same city the award gives journeymen plasterers 33
cents an hour fo r an 8-hour day, with a Saturday half holiday.
This
half holiday is usual in all building trades awards and means that over
time rates must be paid fo r work on Saturday afternoons.
Most o f the construction o f the colony is o f frame, though there
are substantial slow-burning brick and stone buildings in the principal
towns.
Steel structural work and “ sky scrapers” are unknown.
Brick walls having a street exposure are usually surfaced with cement.
Workmanship appears to be up to good provincial town standards;
but plumbing, though secure and reasonably sanitary, lacks finish
and sightliness.
Domestic architecture, especially in Middle Island,
resembles that o f the States. Dunedin is a New England town in this
respect, as in many others. But there is no furnace or steam and hotwater fitting or artificial ventilation. Specifications and working
details are much simpler than in America, partly fo r this reason.
Structural ironwork is confined to bridge building and is done by
the government. The men are therefore not subject to the jurisdiction
o f the arbitration court. Their pay is reported to average about $2.43
a day. Under the Christchurch award, and next to Dunedin this is
the principal iron-working center o f the colony and the headquarters
fo r the manufacture o f agricultural implements, the minimum rate
o f pay fo r machinists is $2.19 fo r a day o f 8 hours. Furnace men
are paid $1.95 a day. The award wage and maximum and minimum
wages o f molders and stove founders are more fully shown in a table
given in the discussion o f the arbitration court awards.
In the printing as in the building trades there has been difficulty in
adjusting .the conditions o f awards to both city and village require
ments. The lowest wages actually paid in the country offices are
about the same as in similar offices in the United States. Adult work
men earn from about $6 a week up to three times that sum. Com
positors and linotype operators are under awards. In one office the
1172
BULLETIN OF THE BUREAU OF LABOR.
linotype men, working barely 6 hours a day, were earning upon an
average about $20.50 a week, without Sunday work. This was upon
a piecework basis. The award price fo r piecework hand composition
in W ellington is 22 cents a thousand ens.
The clothing trades in New Zealand are now conducted entirely upon
the factory system, the sweat shop being practically forbidden by law.
Abuses in this industry led to the first official investigation o f labor
conditions in the colony, that o f the “ sweating commission” o f 1890,
already mentioned. The authors o f the report were not o f one mind
as to the definition o f the word “ sweating,” a majority of two-thirds
reporting that this form o f labor oppression did not exist in the colony.
A minority report was rendered contradicting this statement. A ll
agreed, however, that women and children were working long hours,
sometimes at less than a living wage, and frequently under conditions
that were prejudicial to the health both o f the workers and o f the
users o f the articles they produced. Those entirely dependent upon
their own efforts fo r support were subjected to a kind o f competition
especially pernicious— that o f thrifty housewives and daughters o f
families in better circumstances who undercut the professional trades
women fo r the sake o f a little pocket money made in leisure hours.
W omen made 50-pound flour sacks fo r 61 cents a gross, furnishing the
thread and carrying the goods to and from the factory. Shirt makers
earned about $8 a week, working many hours, sometimes till late in the
evening. The commission extended its investigations to other indus
tries than the clothing trades, and among its recommendations were
the follow ing: That a new or amended factory act be passed, granting
inspectors larger powers and providing fo r sanitary workrooms and
limiting the employment o f children; that certain regulations be made
fo r providing seats fo r saleswomen; that an indentured apprentice
bill be passed; that a bureau o f labor statistics be established; and
that “ steps should be taken to establish at an early date boards o f
conciliation and arbitration based upon an equitable representation of
labor and capital.”
Practically all garment workers are now under awards o f the arbi
tration court. These awards fix piecework rates o f pay fo r all the
detailed operations o f manufacture. The same is true o f bootmaking,
although in this trade a minimum wage o f $10.22 a week is established
fo r factory workmen not under a regular schedule. The factory
statistics from the different cities are not uniform, as some inspectors
include foremen with ordinary employees while others tabulate them
separately. In the clothing factories o f the fou r chief towns o f the
colony 218 men were employed, exclusive o f youths under 20 years
o f age. Time wages, as reported b y the inspectors, range from $2.43
to $18.98 a week. Head cutters receive $24.33 a week. In the same
factories there were 689 adult women employed, whose time wages
LABOR CONDITIONS IN NEW ZEALAND.
1173
ranged from $1.46 to $11.92 a week. The piecework earnings o f men
range from $6.08 to $12.65 a week, and o f women from $1.46 to $6.08 a
week. Probably some o f the low earnings are for learners or shorttime workers.
In the boot factories o f the same cities there are 1,275 adult males
employed, whose time wages range from $3.65 to $14.60 a week where
foremen are not included, or to a maximum o f $21.41 a week including
foremen, and who make at piecework from $2.43 to $14.11 a week.
The same factories employ 256 women, who earn from $2.07 to $8.52 a
week time wages, and in the single city where they do piecework
earn $6.08 a week upon that system.
Small manufactures, tanning, meat preserving, and food prepara*
tion employ a large section o f the colonial workmen, but there is noth
ing o f especial significance in the conditions o f labor in these occupa
tions to require extended mention. Casual reference will be made to
some o f them under the discussion o f the arbitration court awards.
The general range o f wages for skilled and unskilled workmen and
for male and female operatives has been sufficiently indicated to allow
a fair comparison to be made with conditions in corresponding trades
in the United States. It must constantly be borne in mind, however,
that the surroundings o f the workingman in New Zealand are urban
only by courtesy; that the largest city in the colony has less than
70,000 inhabitants; that the stress o f life is less, and that occupations
are not specialized as in America. Even where wages are lower
employers state that the labor cost o f production is higher than in the
United States. The pace is slower, but perhaps men last longer in
New Zealand. Though their real wages are somewhat lower, they
w ork fewer hours than our people. The standard o f living and gen
eral condition o f the working people from a material point o f view is
not noticeably different from that o f the same classes in Minneapolis,
St. Paul, Kansas City, or St. Joseph.
There is one very important particular, however, in which the
worker in the United States has the advantage o f the man o f the same
class in New Zealand. The form er has more opportunities for
advancement. Capitalists control industrial investments directly in
the latter country. The owner is his own boss. The development o f
the colony has not reached a point where capital is employed and put
in action through hired representatives, as with us, and the man in the
ranks has very little chance o f becoming a superintendent and con
troller o f industrial operations. The men above him have not them
selves emerged from his class— an example o f what he may achieve.
He does not look forward, as a rule, to promotion from the ranks.
This seems the probable explanation fo r a certain difference in him,
both socially and mentally, that is hard to define. Am ong iron
workers, fo r instance, there was not quite the same alertness for
1174
BULLETIH OF THE BUREAU OF LABOR.
information and curiosity about their line o f work in other countries,
or the same eagerness to explore the margin o f industry allied to their
own that is common, if not almost universal, in America. New Zea
land workmen do not ask questions. The casual observer might call
this lack o f ambition; but the craving fo r wider opportunities and
broader knowledge exists among colonial workmen as well as else
where. The public libraries— and in this respect the larger towns are
well and practically supplied—are crowded evenings with readers,
many o f whom are evidently wage-earners, and the books they read
average about the same, to all appearances, as in America. But there
is not the same stimulating interest in matters pertaining to their own
trade, the same foreglance toward the application o f new acquisitions
to personal and industrial advancement combined, that is often found
among the better class o f our own workers. This is partly the result
o f the natural limitations to industry in the colony; but it presumably
is partly due also to methods o f organizing and administering business
enterprises, to trade conservatism, (a) and to the social ideals o f the
working classes prevailing in New Zealand.
It is doubtful if a workman is normally more assured o f employ
ment in New Zealand, even with his comparative security from idle
ness through strikes, than in America. The market for his labor is
much narrower— a period o f depression that would be only local in
the States would throw a shadow over his entire field o f labor demand.
A week’s savings will not carry him in time o f need into an entirely
different economic climate. He can migrate to Australia; but that
means going to what is really another country, with more or less o f a
home monopoly o f labor and local prejudices, and after all finding
again a comparatively limited market fo r his services.
The range o f wages is less in New Zealand, and in most trades is
nearer the lower than the higher limit o f wages in the United States.
A capable and vigorous workman in the prime o f life ought to make
considerably more money in the latter country. America places a far
higher premium upon the exceptionally competent; but she drives
them harder, and possibly ages them faster, and discards them sooner. (b)
She pays as much for a worker’s lifetime as New Zealand— rather more
if it be one o f exceptional value—but she wants it in a hurry. Still, the
practical effect o f the minimum wage awards in the organized trades
in New Zealand has made it as hard fo r the man sinking below the line
« A carpenter said to the w riter: “ I have had the boss say w hen I made a sugges
tion, ‘ I don’ t pay you to th in k .’ ” In an address delivered before the colonial con
ference of cham bers of com m erce, in 1902, a speaker said, in regard to universal
suffrage: “ In m y opinion it w ould have been better for the w orking classes and
safer for the country to have educated them first and enlarged suffrage gradually,
m aking m anhood suffrage the goal of the n ext generation.”
&The M osely com m ission disputes this, as com pared w ith England; and colonial
workers claim that they are driven m ore than those of the hom e country.
LABOR CONDITIONS IN NEW ZEALAND.
1175
o f average efficiency to get employment as in America; and it is doubt
ful whether the old-age pensions o f between $7 and $8 a month com
pensate him for the possibility o f higher savings in youth and the
cheaper living o f the latter country. (a)
The workman has one moral advantage in New Zealand. He feels
to a far greater extent than his American compeer that he runs the
government. This source o f satisfaction must be granted him. A t
the present time he is a much more potent influence in economic leg
islation affecting his class. (b)
I f the personal ambitions o f the New Zealand workman are less
lofty than those which characterize American workmen as a body, his
disappointments are less keen. He is less often reminded o f the great
economic contrasts in society. In these respects he is in a position
not unlike that o f our rural mechanics. This is simply a recurrence
to the fact that labor conditions in New Zealand are in no instance
urban labor conditions in our sense o f the word, and the same craving
for high plays and excitement in the game o f life that drives our work
men into the congested city markets would make them restless under
the easier conditions prevailing in New Zealand.
Politically the New Zealand workman is much more aggressive than
the American. His new-born social institutions pulsate with nascent
energy, and it requires his whole attention to direct them. His lead
ers claim that he is meantime losing the militant spirit o f the English
unionist. But he is becoming instructed in political affairs and a firm
believer in social experiments, which have the intense interest to him
o f things just within the possibility o f realization. Y et he is not a
social dreamer. The leaders are practical and matter o f fact enough
in their discussions o f proposed reforms to be secured through legis
lation. They appear to be fine, intelligent fellows, and one suspects
that some o f the more radical resolutions passed at their annual con
ferences are adopted as harmonizers to propitiate the extremists. But
it is dangerous to form final conclusions upon such a point. A ll that
can be said is that personal contact with the men in interviews does
not reveal a strong tendency to put wholly untried and heterodox
social theories into immediate practice.
Unionism is at an advantage in New Zealand for at least two rea
sons. The country is so small that the officers o f the organization can
keep track o f every man employed in their industry in the colony.
In America it is impossible fo r the leader’s finger to be always on the
coat sleeve o f the individual workman. In the second place New
« There appears to an observer to be a larger proportion of hom e owners among
Am erican workm en than am ong those of New Zealand; but statistics are not at hand
for an exact com parison.
&In the Am erican Federationist it is estimated that in only about one-fourth of the
Congressional districts o f the United States w ould the wage class control a m ajority
o f the votes, even if politically united.
1176
BULLETIN* OE THE BUREAU OE LABOR.
Zealand workers are homogeneous in race, language, and trade tradi
tions. There are no other than trade boundaries running through the
body o f wage-earners. It should be added that New Zealand has no
great historic and com plexly organized political parties, with distinct
platforms and policies, to draw the working people into two camps at
election time. These influences and conditions, apart from any leg
islation already in force, tend to encourage the development o f the
class and communistic, as opposed to the individualistic, side o f the
workingman’s character.
To sum up the relative labor conditions o f New Zealand and the
United States— and the natural conditions back o f them are so differ
ent as to make the comparison seem almost absurd— the form er
country is marked by uniformity, the latter b y diversity; the first is
socialistic, the second individualistic in its tendencies and sympathies;
while the working classes o f both are looking ultimately toward eco
nomic betterment, those o f the colony seek this primarily through
legislation and social reform, those o f the Union through individual
and collective self-help and the improvement o f industrial processes.
The working class o f the States begins with the water boy and ends
with the general manager, while in New Zealand it seldom rises above
the foreman. Primary education is free in both countries, but educa
tional facilities are broader in the States. The New Zealand workman
does not, like the American, have absolutely free, secondary, and
higher education in State high schools and universities, or free tech
nical education in manual training schools placed within the reach o f
his children. Neither does the public provide his children with free
text-books, as do many American towns o f equal size with his largest
cities. The government attempts more fo r the betterment o f the
workman inside his class in New Zealand; but it does not provide
nearly the same facilities fo r rising out o f his class that are provided
by public means in our own country. The longer one studies eco
nomic and social conditions among the two peoples the more impressed
he becomes with the difference in the fundamental ideals and sympathies
that lie behind their institutions. And the recognition and voluntary
acceptance o f status by all classes o f the people seems to be the under
lying point from which the social ideals o f New Zealand begin to
diverge from our own.
L A B O R L A W S A N D A D M IN ISTR A TIO N .
A n analysis o f the labor laws o f New Zealand concludes this report,
and a special discussion o f the arbitration act is given in a separate
section. It is not necessary, therefore, to present here more than a
cursory review o f the administration o f the laws and o f some o f those
features o f the principal statutes or their interpretation that merit
special comment.
LABOR CONDITIONS IN NEW ZEALAND.
1177
The year following the report o f the sweating commission o f 1890
a department o f labor was organized. In his first report the secre
tary o f the department says that the objects desired by the govern
ment were the compilation o f statistics— to obtain which ample author
ity and means have never been granted— to establish agencies to
report the surplus or deficiency o f labor in different districts, to trans
fer labor to places o f employment, 46and generally the control o f allindustries fo r the progress and increased benefit o f all engaged
therein.” The somewhat large order contained within the quotation
marks has not been sufficiently backed by specific legislation, even in
New Zealand, to become fully effective; but in a general way the
department is charged with the administration and enforcing o f the most
important statutory provisions regulating industries, and there is a
disposition to place also under its initiative and control prosecutions
for the enforcement o f the arbitration court awards.
One o f the most immediate objects which it was hoped to attain by
establishing this department was to meet the problem o f unemploy
ment, which was at that time serious in the colony. This function o f
bringing labor to a market still forms an important part o f the depart
ment’s work. Offices are located in all the chief towns, where men
out o f work or employers seeking to engage men can register their
needs. A special department has more recently been organized for
women. Policemen and local officials act as agents in rural districts.
A ll men employed upon public works must be engaged through this
office. During the 12 years since its establishment the department
has provided work for 32,382 men, o f whom 16,656 were married and
15,726 single, and who supported 70,770 dependents. O f these men
21,698 were employed upon public and 10,684 upon private work. O f
the 3,704 men assisted during the year ending March 31, 1903, 3,358
were unskilled laborers; 88 were assisted on more than one occasion
during the year. The women’s branch o f the department found
employment for 339 domestic servants. The number of men assisted
annually reached a maximum o f 3,874 in 1892-93, and was only 1,830
in 1901-2. In the latter year a majority o f those registered with the
department were men who desired to secure employment upon public
works and were not necessarily without other occupation at the time.
In the form er year the requirement that government workmen should
be engaged through the department had not yet been established.
There are also private employment bureaus in the colony, which the
government requires shall be registered.
The department is authorized to furnish transportation to unem
ployed workmen unable otherwise to reach a place where labor is in
demand. Such assistance is given with discretion, however, and the
men are now required to refund out o f their wages the fare advanced.
This requirement is easily enforced where men are given public
1178
BULLETIN OF THE BUREAU OE LABOR.
employment, and railway fares are in any case a grant from one g ov
ernment department to another.
The field representatives o f the labor office are the district factory
inspectors and their assistants, who are required by law to visit
personally all industrial establishments coming under their jurisdic
tion. A s practically any place where two persons are regularly
employed in a handicraft, except mines, ships, and buildings in proc
ess o f construction, is a factory under the definition of the law, the
secretary o f labor is probably justified in saying: u There are few
operatives who do not come under the net o f this act, so wide is its
sweep and so fine the mesh.” But, in addition, the inspectors also
enforce the Shops and Shop-Assistants Act. They have authority
under the Factories A ct to inspect wage lists, and under both acts to
visit and personally inspect workrooms and premises, and to enforce
the observance o f the conditions as to sanitation, protection of machin
ery, and hours o f labor prescribed by the laws. Until these laws were
understood and more or less habitually obeyed, frequent recourse was
had to the courts fo r their enforcement. During a single term in
W ellington there were 23 prosecutions and 20 convictions under the
two statutes mentioned. The factory inspectors furnish to the central
office statistics as to wages, overtime, employment o f minors, and num
ber o f operatives employed, which, with other data, the department
embodies in an annual report published under the authority o f the
minister o f labor.
There are two other systems o f industrial inspection coordinate
with but independent o f the department o f labor. One is under a
colonial inspector o f machinery, who with his assistants inspects and
provides for the safety o f machinery and licenses engineers. The
spheres o f factory and machinery inspectors overlap in some instances.
There is also a colonial inspector o f mines, with his assistants, who
includes in his annual report data with respect to labor conditions in
the group o f occupations under his jurisdiction. The administration
o f the Shipping and Seamen’s A ct is under the charge o f the minister
o f marine.
The department o f labor maintains a government labor farm o f
some 800 acres in the vicinity of W ellington, where at times from 50
to 100 men and a number o f women and children have been received
and given work. But during the present period o f prosperity and
activity in public works there has been little occasion to utilize such
an institution as an agency fo r the temporary relief o f the unemployed.
There are two mining acts, one relating exclusively to coal mines
and the other to mines o f any other character. The important p ro
visions o f the two statutes, so far as they relate to the protection and
rights o f employees, are identical or vary only in unessential details.
The Factories A ct o f 1891 was repeatedly amended, and finally con
LABOR CONDITIONS IN NEW ZEALAND.
1179
solidated in a new act ten years later. A number of amendments were
made, however, at the following session o f parliament. The workmen
are now calling for an addition requiring factory labels upon manu
factured articles. The Shops and Shop-Assistants A ct provides fo r a
weekly half holiday, general sanitary conditions, and seats for sales
women. The workmen are now trying to secure an early closing
amendment. There is a provision in the act, introduced in an amend
ment passed in 1895, allowing any shopkeeper, not an Asiatic, who
employs no hired assistance to select another than the half holiday
appointed fo r his district. This occasionally leads to trouble between
rival shops in the same neighborhood. A small employer will dis
charge his hired salesman and call in relatives to assist him, or make
them nominal partners in his business, so as to be able to keep open
during the usual half holiday and enjoy a m onopoly o f the trade, which
is said to be abnormally brisk on such occasions. The Employers’
Liability A ct o f 1882, with its subsequent amendments, covers all
employments, does not allow contracts to be made whereby a work
man binds himself not to claim benefits under the act, and protects all
workmen injured in service where negligence is proved on the part
o f employers. The maximum sum that can be recovered by a work
man or his heirs under this act is <£500 ($2,433). In 1900 the W orkers’
Compensation fo r Accidents A ct, modeled upon the English statute,
was passed, under which a worker can recover from his employer for
any accident not occasioned by his own serious and willful misconduct.
The theory o f the law is that all accidents occurring in the ordinary
course o f employment should be compensated for as part o f the trade
expense o f a business. Liability in case o f death does not exceed
£400 ($1,947), or in case o f total or partial incapacity £300 ($1,460).
B y an amendment passed in 1902 the provisions of this act were
extended to agricultural workers. A s the law stands at present,
therefore, the injured worker or his representatives have three reme
dies in case o f accident. I f the injury is a severe one, or the cir
cumstances otherwise justify such action, he can sue under the common
law and if successful secure damages greater than the limit prescribed
by either the Employers’ Liability or the W orkers’ Compensation for
Accidents Act. F or instance, a wharf laborer at W ellington lost a
leg through its becoming entangled in a tautening cable. His union
took up his case, brought action under the common law, and secured
£1,000 ($4,867) damages. Or if the negligence o f the employer is
clear, the injured workman or his heirs may secure £100 ($487) more
by suing under the Employers’ Liability than under the W orkers’
Compensation Act. He can not bring action under more than one
law for the same accident.
The practical effect o f the W orkers’ Compensation for Accidents
A ct has been to force all employers to insure against liability under its
1180
BULLETIN OF THE BUREAU OF LABOR.
provisions. There is a government company that takes these risks,
and several private casualty companies do business in the colony.
Employers5 associations have taken the matter up and have either
secured blanket risks upon their employees at low rates or have
attained the same end by a mutual indemnity bond. The government
insurance company insures against the pay roll o f a firm if so desired.
For instance, in case o f a sail and awning making and ship-rigging
firm, where the natural risks o f workshop and outside employees
varied greatly, the pay roll, o f about $5,000 per annum, was insured,
the premium upon the amalgamated risk being i per cent o f the
annual wage sheet. The premium is paid in advance upon the esti
mated wage expenditure o f the year, with the proviso that the insur
ing party shall pay an additional premium subsequently for any excess
over the estimated amount, without prejudice to his protection under
the policy. I f the conditions o f the business lead to a reduction o f
the pay roll, the insurance company refunds a corresponding portion
o f the premium already paid.
Now that it is fairly in operation, the Compensation Act; appears to
be popular with both employers and employees. It dispenses with
legal proceedings or troublesome private negotiations in the case o f a
large majority o f accidents, as the case is tried before the arbitration
court where parties fail to agree on compensation. W orkmen com
plain that sufficient provision is not made fo r the protection o f casual
laborers. The act adjusts compensation in cases o f partial or total
incapacity upon a basis o f weekly earnings under the employer in
whose service the accident occurs. The English courts have decided,
in case o f the act in that country, -that this means what a laborer would
earn in a week if employed continuously fo r that period, at the rate
o f pay he received at the time the accident occurred. Such a decision
has not been secured in New Zealand, the common interpretation o f
the act being that weekly earnings means the sum actually received in
a week, whether employed continuously or not. In case of men w ork
ing by the job, or o f wharf laborers w orking intermittently b y the
hour and changing employers almost every day, this results in an
injustice to the men. The secretary o f a W harf Laborers5 Union
reported that an employer had offered to compromise with an injured
casual employee in one instance upon a basis o f $1.83 a week wages,
which would allow the injured man a maximum o f half that sum
during the period o f his disability.
The principal hardships worked upon employers by the act are in
case o f those who do not know or who neglect its provisions. One
case was reported where an uninsured farmer lost his home through
being obliged to pay the maximum compensation to the heirs o f a man
whom he had employed to repair a roof, who was killed by a fall
while working. Such cases, o f course, might occur. W here accidents
LABOR CONDITIONS IN NEW ZEALAND.
1181
happen in mines or upon buildings the liability holds against the prop
erty and takes precedence even over a prior mortgage; so that this is
one o f the risks against which a mortgagee must provide in loaning
money upon real-estate security. In practice he makes the mortgagor
insure against accident as well as fire. So the poor man very often
pays the cost. A ll capitalists find it a prudent precaution to be familiar
with the colonial statutes, and they complain of the mental effort
required to keep abreast o f their repeated modifications.
The Shipping and Seamen’s A ct has accumulated a number o f amend
ments, and a new consolidating act will be introduced by the ministry
at the coming session o f parliament. Am ong the principal additions
to the law will be provisions allowing none but British subjects to take
examinations for marine officers’ certificates, and further protecting
employees in case o f accident o r ‘assault. At present when an accident
occurs on coasting vessels the injured seaman can claim medical
expenses, hospital fees, and wages fo r three months, providing that
the accident takes place three months or more before the expiration
o f his articles. For a shorter period he can claim wages only until the
expiration o f his contract. This provision is to be modified by an
amendment allowing an injured seaman a minimum of one month’s
wages, even though the accident should occur less than a month prior
to the expiration o f his articles; and the whole protection o f the act
is to be extended to include intercolonial as well as coastal boats. A t
present if an officer assaults a man the offense is punished only as
common assault. The new bill provides that an officer assaulting a
seaman may be fined £20 ($97.33) or imprisoned six months.
The Master and Apprentice A ct at present in force in the colony
was placed upon the statute books in 1865, and was intended princi
pally to provide authority for indenturing destitute children who were
inmates o f charitable institutions or otherwise dependent upon charita
ble aid. In other respects the law o f England governs the relation of
master and apprentice in New Zealand. The trade unions are favor
able to a law providing for strict and compulsory indentureship in all
skilled trades, but have as yet been unable to get such a statute
enacted. In 1900 the colonial parliament passed the Technical Educa
tion A ct, providing grants fo r technical instruction. The law allows
special classes to be organized by inspectors and instructors provided
fo r by the act, to be formed in connection with primary and secondary
schools, colleges, and b y any suitable corporation, for instruction in
technical subjects, agriculture, and dairying.
Students in these
courses are charged fees. Some $13,000 was expended on this instruc
tion in the colony last year (1902). There are 8 technical or art schools
in the colony, attended by about 3,000 students, an engineering school,
and an agricultural college in Canterbury, and several mining classes
150—No. 19—03----- i
1182
BULLETIN OF THE BUREAU OF LABOR.
and schools o f local importance in different mining districts. While
these institutions are all comparatively small, they appear to do good
work.
Strange to say, there has been a slight falling off o f public-school
attendance during the last year reported, due apparently to the earlier
dropping out o f children in the grammar grades. The average weekly
enrollment fo r 1900 was 132,897, with an average attendance of 111,747,
or 84.1 per cent o f the enrollment. A s secondary education is not
free, private and secondary schools are reported together. Their total
attendance was 19,837 in March, 1901. The percentage of totally illit
erate persons in the whole population fell from 18.76 per cent in 1891
to 15.27 per cent in 1901. The total income of the various educa
tion boards fo r 1900 was nearly $2,416,000, the government grants
amounting to $2,177,000. The total expenditure was $2,386,000, o f
which $1,956,000 was for maintenance o f the schools. The number
o f teachers employed is 11,299, and they receive an average salary o f
$486 per annum; but a new law has recently been enacted which will
raise this amount. School buildings and material equipment, so far
as observed in the larger cities, are considerably inferior to those o f
our Northern or Western States. There is a University o f New Zea
land, but it is not a teaching body. There are colleges in each o f the
four chief cities. Higher education, like secondary, is not free.
The O ld-Age Pensions A ct, which has been in operation since 1898,
entitles to a pension citizens o f good repute who have been residents
o f the colony for 25 years and citizens for at least 1 year, who are 65
years old or over and have an income not exceeding $253 if single, or
a joint income with w ife not exceeding $380 a year, including the pen
sion. Applicants must not be possessed o f property to the value of
over $1,314 or have dispossessed themselves o f property or income in
order to qualify fo r the benefits o f the act. The maximum amount
granted by the State is $88 a year, but for each <£1 sterling ($4.87) of
income above £34 ($165), and for each £15 ($73) of property above £50
($243), £1 ($4.87) is deducted from the amount o f the pension. On
March 31,1902, there were 11,721 Europeans receiving pensions under
this act, at an annual charge to the colonial revenues of $969,684.
The labor party advocated increasing the maximum pension to about
$2.43 a week, or $126.36 per annum and lowering the age o f eligibility
in certain cases to 60 years. F or financial reasons the government
has hitherto refused to consider these demands.
The system o f cooperative contracts employed on government works
in New Zealand does not exist by virtue o f any legal enactment, but
it has been introduced by administrative action and has become thor
oughly established, so that it forms to all intents and purposes part o f
the law governing public labor in the colony. There is no essential
difference between the cooperative contract and the “ hui” system of
gang contract adopted in Hawaii and elsewhere in grading and railway
LABOR CONDITIONS IN NEW ZEALAND.
1183
work, cane cultivation, and sometimes in building contracts with Asiatic
workmen. The system was first introduced in New Zealand in connec
tion with grading and other construction on one of the government
railways, and has since been extended to the erection of bridges and
public buildings. The work is first valued by the engineer in charge,
approved by the chief engineer o f the colony, and then let to a gang
o f selected workmen at the price fixed by the government. Gangs
are evened up as far as possible so as to contain men o f about equal
ability, and money received is divided equally among them pro rata
per time worked upon the contract. The government furnishes tools,
implements, and materials. A separate contract is let for each differ
ent operation. F or instance, if a public building is to be erected,
clearing and excavating, masonry, brickwork, carpentry, plumbing,
painting, etc., are contracted for with independent gangs. Payments
are made monthly and the men are free to leave a contract individually
at any time.
Public opinion seems to be divided in the colony as to the economy
o f this kind o f labor. Those favorable to the contracts state that
they allow better control over expenditure and permit o f the middle
man’s profit, which would otherwise go to the private contractor, being
shared by the men and the government. In one ballasting contract,
it is said, the public was saved about $10,000 through the fact that the
engineers were able to take advantage o f a chance discovery o f scoria
ash in the neighborhood o f a new railway line, which could be used
for ballast in place o f the broken stone which was provided for in the
estimates. Under a private contract the profit o f the discovery would
have gone to the contractor. In any emergency requiring the curtail
ing o f public expenditure it is claimed that the cooperative contracts
allow o f a readier adjustment o f payments to the lessened appropria
tions than the old methods. Opponents state that these contracts dis
courage the introduction o f improved machinery and appliances,
prolong works, lead to uneconomical administration, and have political
perils as well. Considerable detailed evidence upon these»points was
volunteered, but it would hardly be germane to the purpose o f this
report. Criticisms came both from men employed upon the works
and from outsiders. The earnings o f workmen employed on these
contracts vary. One man reported that he was making upon an aver
age $7.30 a week. Others were said to average $1.95 and $2.19 a day.
This was fo r common labor in railway construction in the North
Island. L iving expenses were said to be higher upon the works than
in the cities. Large public buildings in W ellington and elsewhere
have been erected under this system, but much government work o f
the latter character is still done by private contract. The number o f
employees upon cooperative works since 1893 has averaged between
two and three thousand, o f which some 150 were skilled workmen. In
January, 1903, the number was 3,230 laborers and 208 artisans.
1184
BULLETIN* OF THE BUREAU OF LABOR.
T H E A R B ITR A TIO N L A W .
The Industrial Conciliation and Arbitration A ct o f New Zealand had
its origin in trade unionism. Unionism itself as a potent factor in
industrial affairs is o f comparatively recent growth in the colony. In
his testimony before the Sweating Commission o f 1890 the secretary
o f the Seamen’s Union o f Dunedin said;
So far as New Zealand is concerned, it is only within 12 months that
trade unionism has made a start at all. There were three or four
unions, but they had gradually died out; but things have lately taken
a start. Since the big London dock strike has opened men’s eyes to
the necessity o f trying to protect themselves there has been a regular
epidemic o f trade unions tnroughout the colony.
A t that time there was a voluntary board o f arbitration in the
Tailoresses’ Union, but it was not working satisfactorily. The Coal
Mines A ct the follow ing year provided specifically fo r a semiofficial
board to decide disputes as to the interpretation o f rules and regula
tions governing mines. The demand fo r a court with compulsory
powers, however, existed among the organized workmen. The union
official just quoted stated further in his testimony before the Sweating
Commission:
I am decidedly in favor o f courts o f arbitration. No one desires to
see a strike. * * * M y idea is that a competent judge should be
appointed by the government in the same way as the judge o f any
court, and that he should call evidence from both sides. I mean a
permanent judge, who should be paid by the State for the settlement
o f these disputes; because it is in the interests o f the State that no dis
putes should exist. I would have this judge assisted by three repre
sentatives on each side, who should call evidence, and the decision o f
the judge should be binding on both parties fo r a certain time. * * *
I do not mean that the decision o f the court should be binding for all
time, but fo r 6 or 12 months.
The president o f a bootmakers’ union stated in his testimony:
I would suggest that unions should not be forced to go into arbitra
tion in any case, but that they should do so only by agreement between
the contending parties, and that the arbitration court should be presided
over by a judge appointed by the government; such court to be open
to the press and public. No counsel should be allowed in arbitration
courts, but each party should tell its own story, leaving the court to
decide on the facts, and the finding to be binding on both parties. One
reason among many for refusing to be forced to arbitration is that
we might be called upon to submit matters affecting the existence o f
our union— such as allowing the employment o f nonunion men.
The president o f the Otago Trades and Labor Council disapproved
o f boards o f arbitration that would take the power o f striking out o f
the hands o f the unions. The representative o f the W ellington B oot
makers’ Society thought that if there were a court o f arbitration
public opinion would be as effective as a strike in securing fair rights
LABOR CONDITIONS IN NEW ZEALAND.
1185
fo r the men. Other testimony more or less to the same effect was
given, but evidently without the same definite comprehension o f what
was involved in the suggestion presented. The recommendation o f
the commission that boards o f conciliation and arbitration be estab
lished has already been quoted.
It is probable, however, that the sentiment in favor o f judicial
arbitrament o f trade disputes exhibited by the Seamen’s Union was a
result o f closer contact with conditions and sentiments prevailing in
Australia, where a bill practically identical with the act subsequently
passed in New Zealand had been introduced in the Adelaide parlia
ment the same year by Mr. Charles Kingston, the present minister
o f customs o f the Commmonwealth. The opinion o f organized labor
in New Zealand, however, was not yet unanimously in favor of such
a law. In 1890, the year o f the Sweating Commission, a bill was
introduced in the colonial parliament to establish a tribunal fo r the
hearing o f trade disputes, whose decisions should be advisory rather
than compulsory. The proposer called attention to the fact that by
simply amending the wording o f the bill so as to substitute 44shall”
fo r “ m ay” the awards might be made legally binding— a suggestion
that called forth protests from the carpenters, wharf laborers, and
certain other union interests, as creating an instrument o f oppression
in the hands o f employers. This bill was lost, however, and it was
not until 4 years later that the present act, in its original form,
finally became a law. Its passage was opposed principally by the
conservative element in the upper house, who twice defeated bills
passed in previous years by the popular chamber, by amending so as
to deprive the awards o f their compulsory character. It was not
until the higher branch o f the legislature, in accordance with the
general policy o f the party in power, had been remodeled by what
was practically a constitutional amendment that the bill became a
law. It is doubtful if it could have been passed at all if parliament,
with the state o f sentiment prevailing at the time, had foreseen just
how the act would develop by subsequent amendment and the widen
ing decisions o f the tribunal it created. The debates in committee
and upon the readings o f the bill in parliament sufficiently indicate
that the influence o f the unions was by this time wholly favorable to
the policy involved in the statute, and the employing interests were
not entirely opposed to the law. In testimony given in 1890 employ
ers had advocated an act o f parliament to stop sweating, under
cutting, and contracting out o f garment-making operations. It was
thought that the arbitration act would accomplish this result. Some
fancied that the thorough organization o f both sides to labor contro
versies entailed by the law would o f itself lead to a harmonious
adjustment o f most points in dispute. The act was contemplated
principally as a means o f preventing strikes, not as an agency for
1186
BULLETIN OF THE BUREAU OF LABOR.
regulating industry. The promoter o f the act, Mr. Reeves, the min
ister of labor, thought that 90 per cent o f the disputes would never
g o beyond the boards o f conciliation, and that the threat o f recourse
to compulsion in an appeal to the court would of itself lead to a con
ciliatory agreement in the great majority o f cases. The idea that
“ disputes” would multiply as a consequence o f the act seems not to
have suggested itself to the legislators.
An American should bear in mind, moreover, thct industrial
employers as a class are much less influential in New Zealand than in
the United States. They did not in 1894 represent a relatively impor
tant element in the community, and they were unorganized and inex
perienced in legislative lobbying. Their only collective action in
opposition to the pending bill seems to have been a resolution con
demning its provisions, passed by a conference held in 1891, when the
first compulsory law was introduced in the lower house. Party poli
tics in the colony are not conducted on lines requiring the employment
o f large campaign funds or in other ways encouraging alliances between
business and statesmanship. The actual labor element was not strong
in parliament— real workingmen do not, as in Australia, represent a
tithe o f the constituencies. But the ministry, which is all powerful
and unchecked in the colonial government, and participates in legisla
tive while controlling executive functions, depended upon the labor
fraction o f the electorate fo r its existence. The premier himself was
returned from a mining district. So the coalition represented an alli
ance o f sentimental liberalism in its propertied wing, with trade union,
practical opportunism, among its working-class auxiliaries. Mr.
Reeves, the proposer o f the bill and to whom its actual enactment
into statutory law is due, was himself a journalist, and not especially
identified with labor interests until his appointment as minister o f
that department. The law appears to have been simply a develop
ment o f legislation along lines o f least resistance, where, at almost
any other time, and in almost any other community, strong resistance
would have been encountered.
The apathy among legislators when the act was finally passed, and
the slight comment and interest occasioned by its enactment, point to
the same conclusion. In speaking o f the successful vote upon the bill
the proposer says: “ M ildly interested, rather amused, very doubtful,
parliament allowed it to become a law, and turned to more engrossing
and less visionary measures.” It must be repeated that the act was
regarded simply as an instrument fo r preventing strikes, if it could
be made to work at all; and, excepting a single instance, strikes in the
colony had been so rare and so unimportant that they were hardly
familiar to most people, and seemed unlikely in the near future to
engage the serious attention o f the community or o f any tribunal
institute^ fo r their prevention.
LABOK CONDITIONS IN’ NEW ZEALAND.
1187
The full title o f the original law was “ An act to encourage the
formation o f industrial unions and associations, and to facilitate the
settlement o f industrial disputes by conciliation and arbitration*”
W hile some o f the subsequent amendments have had a far-reaching
effect, the main outlines o f the statute remain substantially unchanged.
The details o f its principal provisions are given more fully in the
analysis o f New Zealand labor laws concluding this report. F or
present purposes they may be summarized as follows:
(a)
The machinery o f the act is constructed and set in motion by
organized bodies o f employees and employers, provided for in the
law, which are themselves purely voluntary societies. Seven employ
ees or two or more employers can at present form such a body. It
must be registered in accordance with certain formalities, and then
becomes, fo r the purposes o f the act, an artificial person or corpora
tion known as an industrial union. Only an industrial union, or an
association o f industrial unions, known as an industrial association, or
an individual employer can be party to an action before the boards
and court established by the act, or to an industrial agreement
enforceable under the act. But a trade union, or an individual work
man not a member o f an industrial union, may be bound by an award
o f the court and may be made liable fo r a breach o f an award.
(5)
The act provides fo r boards o f conciliation in each o f the eight (a)
industrial districts into which the colony is divided, two members o f
which are to be elected by industrial unions o f employees and two by
industrial unions o f employers, or, in default o f action by either of
these parties, to be nominated by the governor; and these four (as the
number upon the board stands at present) shall choose an impartial
chairman. In default of their choosing a chairman, the governor
appoints.
(<?) The act establishes a court o f arbitration fo r the whole colony,
consisting o f three members appointed by the governor. The presi
dent must be a judge o f the supreme court. The two other members
are appointed upon the recommendation o f the industrial unions o f
employers and employees, respectively.
Provision is made for a recording clerk in each industrial district,
who conducts the machinery for electing boards o f conciliation and
with whom applications for a reference to a board or court, awards,
recommendations, industrial agreements, and similar instruments per
taining to the district are filed. Provision is also made for special
expert boards o f conciliation to sit in an emergency or in other extra
ordinary cases.
(d)
The boards o f conciliation have jurisdiction in any dispute
“ referred” to them by an industrial union or association, or an
em ployer, providing the other party thereto consents to have the
<*In June, 1903.
1188
BULLETIN OF THE BUREAU OF LABOR.
case heard before the board. But, by an amendment passed in 1901,
either party may appeal directly to the court, thus forcing a first
hearing o f the case before that tribunal.
The boards o f conciliation have the same powers as the court to
summon witnesses, administer oaths, compel a hearing, receive evi
dence, and preserve order. But they can not, like the court, inspect
books. They embody their decision o f the points in dispute in a
“ recommendation,” unless the parties to the dispute have otherwise
come to an agreement, duly signed and recorded, and so enforceable
by the court. Unless the recommendation is appealed within one
month o f record it becomes legally binding for a specified term, in
the same manner as an industrial agreement or an award o f the court.
(e)
The powers o f the court o f arbitration extend beyond those o f
the boards o f conciliation in the follow ing important respects:
(1) Its decisions or awards are legally binding upon the parties to
the dispute for a specified term not exceeding three years without their
voluntary acceptance o f the same.
(2) The court can amend the provisions o f an award, after due
hearing, to remedy any defects therein or give fuller effect thereto.
(3) The court may extend an award so as to bind thereto parties not
appearing in the dispute fo r which it was made. In case o f makers
o f interchangeable merchandise such parties may be in any part of the
colony.
(4) The court may extend or limit the application o f an award
locally within any district, as to an urban or rural community, or
individually, with respect to any employer or union within the
district.
(5) The court enforces industrial agreements, legally binding rec
ommendations o f the boards, and its own awards, by penalties up to
$2,433 in case o f employers or industrial or trade unions, or a penalty
not exceeding $48.67 in case o f individual workmen not members of
an industrial union.
(6) The court may establish what shall constitute a breach o f an
•award.
The matters over which the court, and subject to the court the
boards o f conciliation, have jurisdiction are specified in the act itself.
These include practically any fact or condition that might be stipu
lated in a private contract between an employer and employee. This
subject is treated in detail later in connection with the discussion
o f the awards. The jurisdiction o f the arbitration court has been con
firmed by a decision o f the supreme court o f the colony. Further,
in defining the relation o f the court o f arbitration to the other courts
o f the colony this decision says: “ This [the supreme] court has no
control over the court o f arbitration in matters within its jurisdiction.
It may in such matters act on its own interpretation o f law and its
own findings o f facts, without appeal from any o f its decisions.”
LABOB CONDITIONS IN NEW ZEALAND.
1189
Such, then, is broadly the character o f the machinery set up by
parliament in 1894 to prevent strikes. Some details are the result o f
subsequent modifications, but the main outline has remained unchanged.
In 1895 a number o f amendments were passed, allowing the appoint
ment o f technical experts as assessors, making cessation of employ
ment no bar to an action unless it occurred at least six weeks before
bringing the reference, and allowing the governor to make appoint
ments upon the boards o f conciliation when either employees or
employers failed to act. The employers had adopted a policy of pas
sive resistance to the law and neglected to form industrial unions among
themselves— a fact that reacted to their own disadvantage subse
quently, when they were brought before boards composed largely o f
men not in sympathy with their interests. Still further modifications
o f the organic sections of the act were made in 1896, and a provision
was added allowing parties to be joined to an action after reference, so
that an employer omitted in the original citation might be bound by
the decision. A number o f amendments were passed in 1898, nearly
all o f which further defined the jurisdiction of the court and the
procedure for enforcing awards. The period of modifying the con
stitution o f the tribunals seems to have passed. In 1900 the original
act and its amendments were superseded by a consolidated act, which
was itself further amended the follow ing year. During the coming
session of parliament (1903) still further modifications are proposed.
The act does not profess to prevent strikes in trades not under an
award; but occasionally industries are so related that a strike in one
branch is able to tie up the workmen in another branch. In this way
the unorganized truckers in a Westland mine were able to interfere
with the employment o f miners working under an award during a
disagreement with their employers. Accordingly the governor or the
court, as the case may demand, is given power to declare industries
related; and a party engaged in any one o f a number o f related indus
tries may bring action to have an award apply to any other o f the
group o f industries affecting his employment. By the terms of the
act all the building trades form one such related group of occupations.
As a consequence o f decisions given by the arbitration court, as
serting no jurisdiction in disputes brought by grocers’ clerks, streetrailway employees, and similar workers, upon the ground that their
occupations were not industries under the meaning of the act, an
amendment was passed in 1901 so defining “ workers” as to include
all employees in the colony except those in the service o f the govern
ment. The effect o f this amendment may have far-reaching political
effect in case farm laborers should decide to avail themselves of the
provisions o f the law in order to raise wages and shorten hours in
agricultural service.
Probably the most important amendment in the history o f the act
1190
BULLETIN OF THE BUREAU OF LABOR.
was one introduced and passed against the will o f the ministry in 1901,
allowing either party to a dispute to carry the case directly to the
court o f arbitration, without a first hearing before the board of con
ciliation. The practical effect o f this amendment has been to do away
with the boards entirely in some districts and to make their interven
tion only casual and unimportant where they still sit. It is a rather
interesting fact that the employers, who opposed the ^compulsory fea
tures o f the act more than any other single point in the original bill
and were largely favorable to conciliation, had just reversed their
position seven years later, and, against the opposition o f the labor poli
ticians, successfully carried the modification o f the act which practically
deprives it o f its nominally conciliatory provisions. As a matter o f
fact, conciliation with compulsion behind it is quite a different thing
from the platonic conciliation o f a law not containing provision fo r
further recourse if the first attempt to come to an agreement fails.
Indeed, there was very little real conciliation attempted by some o f
the boards, according to the testimony o f those who had most to do
with them. They became practically courts o f first instance, before
which parties appeared with the matured intention o f appealing to the
higher tribunal if unsuccessful in the first hearing.
Some o f the boards had an excellent record, and others quite the
reverse, the latter fact being partly due to the indifference or passive
opposition o f employers during the first years the act was in force,
which led them to neglect to secure the best representation on these
boards. But in other cases it was largely due to the spirit that ani
mated the boards themselves. The commissioner sent from New
South W ales to investigate the working o f the act mentions an
instance where a member o f a board is reported to have said: “ I give
you notice that I am here as a partisan. I do not think I am in the
position o f an impartial judge here. I am to represent one side of
the case, and I intend to do that at every opportunity.”
In the
debates upon the amendment permitting a direct appeal to the court,
the charge was made, and not satisfactorily answered, that members
o f one o f the boards had purposely fomented disputes and protracted
sittings for the sake o f the personal remuneration that they derived
from their appointments. The suspicion is strengthened by the fact
that during the year preceding the passage o f the amendment just
mentioned the expenses o f this single board were $5,304, while the
combined expenses o f the five other boards serving in the colony,
some o f them in larger and more important districts, were but $3,513.
This board sat 38 days in a single dispute. Each o f the members
drew a fee o f $5.11 a day while the board was in session.
The disputes settled, respectively, by the boards and by the court
from A pril, 1896, when the act was first called into operation, to June
30, 1902, were as follows fo r the different districts:
iiOi
LABOR CONDITIONS IN NEW ZEALAND.
DISPUTES SETTLED BY BOARDS OF CONCILIATION AND BY THE ARBITRATION COURT,
APRIL, 1896, TO JUNE 30, 1902.
Settled | Settled
by board.| by court.
Total.
A ucklan d.......................................................................................................
W ellington.....................................................................................................
C anterbury....................................................................................................
Otago and Southland...................................................................................
W estland.........................................................................................................
19
5
10
16
4
17
41
40
41
4
36
46
50
67
8
T ota l.....................................................................................................
54
143
197
The varying ratio o f those settled by conciliation to those settled
by the court in different districts sufficiently indicates how much the
constitution o f the individual boards had to do with the success o f
their working. And the record o f almost three cases appealed to one
settled by the boards, shows that there was a faulty principle some
where in the act.
A s said before, since the passage of the amendment the sittings o f
the boards have practically ceased in most districts. In Canterbury
there have been four sessions the present year. They or their chair
man still have the function o f settling certain points specifically
referred to them by the court in its awards. The chairman o f the
board, also, is usually made the final authority to whom the granting
o f permits to slow or incompetent workmen is referred.
W hile the value o f the boards was far less than was anticipated by
the promoters o f the act, they served a useful purpose in manj^ in
stances, even where their recommendations were not adopted, in
clearing away the preliminary difficulties o f a case, classifying the evi
dence, and allowing the reference to g o before the court in shape
for prompt and facile settlement. This service was naturally appre
ciated by the higher tribunal. In speaking o f the boards in 1901 the
president o f the arbitration court said that he would be extremely
sorry if there were an impression in the public mind that the boards
were not a necessary part o f the act. On the contrary, in his opin
ion, they were very necessary. They were capable o f bringing the
men and the employers together, and in many instances they had suc
ceeded in conciliating. The Canterbury board had done very good
work, and he, fo r his part, would be very sorry to see the boards
abolished. He spoke fo r his colleagues as well as himself when he said
that the boards o f conciliation were an inherent feature o f the act,
and, so far as he knew, they had done their work faithfully and well.
The court o f arbitration has also construed the act to be primarily
conciliatory in its intention and to place that method of settling labor
difficulties above compulsion. In a judgment delivered on December
22, 1902, and therefore sometime after the boards had been amended
into practical desuetude, the president o f the court said: “ No doubt
* * * the underlying principle o f the act is settlement by concilia
tion or agreement o f industrial disputes, and the compulsory powers
1192
BULLETIN OE THE BUREAU OP LABOR.
o f the court do not arise ordinarily until the parties to a dispute have
failed to adjust their differences by an agreement.”
A t present opinion as to the wisdom o f the amendment practically
superseding the boards is divided, and neither workingmen nor employ
ers are agreed as a body upon the subject. It is said that an effort
will be made to repeal the amendment and restore the boards to their
old position at the present session o f parliament. This was advocated
in a resolution passed by the colonial conference o f trades and labor
councils in 1903. The position o f the government with reference to
the boards, as stated in the reports o f the labor department, is not
clearly defined. Speaking generally o f the law, the report o f 1896
says: “ The great value o f the act, however, will not be in the adjudi
cation on cases brought before the boards o f conciliation, but in the
fact o f a law being in existence which allows to the court o f arbitration
compulsory powers, and thus tends to prevent a multitude o f petty
bickerings and small disputes to grow into open rupture, or from assum
ing too pronounced a tone.” The report o f 1898 says: “ Much time is
now wasted by cases being heard before the board when it is the
expressed intention o f the litigants (sic) to carry such cases on to the
court whatever the recommendation o f the board may be.” In the
report o f 1900 the secretary o f labor says: “ It has been suggested that
an entire alteration in the system o f conciliation boards is necessary,
and I am o f the opinion that the arguments adduced for such a change
are so strong as to be worthy the serious attention o f the govern
ment.” The changes suggested were the substitution o f special boards
to hear each dispute, in place o f the permanent boards in each district,
and to allow cases to be referred directly to the court where both par
ties agreed to do so. Except for requiring both parties to agree to
an appeal to the court, these modifications would probably in practice
have established the conditions now actually existing. Two years
later, after the present amendment was passed, the secretary says, in
connection with the New South Wales act, which provides fo r no
conciliation tribunal: “ So carefully and well have conciliation boards
in many cases worked in this colony, so many are the occasions in
which they have wiped out dozens o f disputed points (leaving a few
only fo r the arbitration court), sifted evidence, and given recommen
dations only requiring adoption b y the higher court, that very many,
if not the majority of, people who have really studied the subject would
view the abolition o f the boards with regret.”
A reason why litigants went before the boards with the intention o f
subsequently referring the dispute to the court was doubtless because
neither side could count upon concessions from the other before the
lower tribunal that might prejudice its standing in an appeal. This
was repeatedly suggested by persons interviewed in the colony who
had conducted cases before the court. In a statement by the judge,
LABOR CONDITIONS IN NEW ZEALAND.
1193
appended to the Christchurch molders’ award of 1902, which granted
certain new claims o f the workers, it is said that employers strongly
opposed the restriction o f apprentices and the granting o f preference (to
unionists), and that employers in Dunedin have, by accepting the recom
mendations o f the board there, agreed to these restrictions and to pref
erence. I f the precedent o f a concession made before one board was
a consideration fo r embodying the same concession in an award in
another district, it is clear that a voluntary concession made by either
party in the same district, even in a different industry, might estab
lish a precedent adverse to their interests that would come to be part
o f the permanent judge-made law under the act. Evidently it would
require great fortitude in benevolent purpose to maintain a truly con
ciliatory spirit in a dispute involving personal and class interests under
such conditions.
One employer and president o f an employers’ association said: “ I
prefer to see the boards retained. They were driven out on account
o f the folly o f one board.” Another employer o f the same city: “ The
boards were useful. They saved the time o f the court.” The secre
tary o f a seamen’s union: “ The boards have been thrown out simply
as a step toward undoing the act. 1 believe in conciliation as prelimi
nary to arbitration and compulsion. The seamen have secured more
from the board than from the court.” The secretary o f several unions:
“ The attitude o f employers to that amendment has made union men
distrust the court as favorable to employers.” The president of a
trades and labor council: “ W e prefer the boards because they prevent
delay in getting under awards in many cases.” A labor member of
parliament: “ Voluntary settlement is better than compulsory. One
bad board spoiled the whole thing. I prefer boards, with binding
awards, and making appeal to the court expensive enough so it wouldn’t
be taken without good reason. The chairman o f our board here was
never called upon to cast his vote in a decision, except upon the ques
tion o f preference to unionists.” The Otago Times, one of the leading
Conservative papers o f the colony, said editorially, in A pril, 1903,
that it was desirable that the boards be restored to their old position.
On the other side o f the question are such statements as the follow
ing. A n employer favorable to the act: “ The law would have been
better from the first without the boards. Their recommendations
were sometimes hasty and ridiculous, as in the Kaipoi case, where
they drew up a piecework log covering about 50, I think exactly 48,
operations in two hours.” Another employer in the same city: “ The
boards were unnecessary and their recommendations at times absurd.”
A very large employer, whose utterances in favor o f the act are often
quoted: “ W e don’t want the boards. They’re useless. ” A prominent
secretary o f several unions: “ The boards were never o f any use.
They disclosed evidence and so weakened the cases o f the men before
1194
BULLETIN OE THE BUREAU OF LABOR.
the court. And they made getting an award a greater expense to the
unions.” Another union secretary and secretary o f a trades and
labor council: “ The recommendations o f the boards were not satis
factory because they were only binding upon the employers signing
or actually cited in the case. An award could be made to bind every
one, even employers going into business after the dispute had been
tried.” A president o f a trades and labor council: “ I f the parties to
a dispute were willing to agree upon a conciliatory basis, they could
get together without the boards. In coming before the boards we
disclosed our evidence. It was sometimes as much as eleven months
after an appeal before our case would get before the court. Mean
time the employers could generally find some weak-kneed workingman
to rebut our best evidence. And in any case it paid them to appeal,
simply to be free from regulation during the interval before the court
would get around to the case.” A n employer and former member o f
a conciliation board (who, by the way, is a Massachusetts man and an
American citizen): “ The employers wouldn’t show their hand before
the board, lest they might weaken their case if it were appealed.
Neither would they make any concessions that might count against
them if the dispute came before the court. The probability o f an
appeal put them all on the defensive and prevented any give and take
between the parties in most cases, so there was really no conciliation.”
A factory inspector: “ The boards were not needed. I f the inspector
can’t get the parties to agree without coming before the board, the
board won’t be successful. The boards simply irritated a sore.”
Another factory inspector: “ The boards were not satisfactory. They
might have done better if composed o f experts, who wouldn’t have
needed so much testimony in order to understand a case, but as con
stituted they didn’t conciliate.” A form er labor member o f parlia
ment: “ The term 6boards o f conciliation’ was always a misnomer,
for the conciliatory spirit was always lacking— at least so far as my
observation went. The gas confined in a little room was sure to
explode sooner or later and do more harm than if it hadn’t been pent
up. The boards were not a success.”
It appears almost certain; therefore, that the boards have worked
less satisfactorily than the court, and that they have always formed
the weak partner in the two tribunals set up b y the act. A ll through
this legislation there runs a certain “ rule-of-thumbness,” as opposed
to logical construction, that comes from the extreme practicality o f its
originators. Furthermore, the original law was necessarily more or
less o f a compromise between the more familiar principle o f concilia
tion and the untried experiment o f compulsion. A working method
o f meeting a special evil, rather than a consistent and symmetrical
statute, was the object sought. The legislators did not consider— or
care to consider—the fact that if they embodied two such contradictory
LABOR CONDITIONS IN NEW ZEALAND.
1195
principles as compulsion and conciliation in the same statute, one of
them must inevitably dominate and drive out the other. It was wreath
ing the olive branch and the seven-shooter in the same emblem.
Evidence seems to show that where both parties did accept the
recommendations o f the boards, it was where there was practically no
conflict o f interests between them. The procedure o f the boards was
the same as that o f a lower court, and such they were in reality. The
name 44boards o f conciliation” did no harm; but it did not alter in the
least the fact that their decisions'were backed by a sanction— the
appeal to a compulsory tribunal. The value o f the term 64conciliation ”
used in the act rests mainly in the possibility of its encouraging a
mutually amiable attitude on the part o f the litigants. But this sug
gestion was received as a joke by men with practical experience in
conducting cases before the boards. Speaking from an impression
derived from conversation with many representatives o f both sides in
disputes, it appears that the real fact o f the boards being simply courts
o f first instance, with an unrestricted right o f appeal, became less and
less clouded as people became more familiar with the practical working
o f the act. The main inconveniences felt from the superseding o f the
boards would in all probability be more satisfactorily met by estab
lishing arbitration courts o f first instance in their place, with some
check upon unlimited appeal to the higher tribunal. To an observer
from abroad it looks as though the nominal conciliation provided for
in the original law simply marked a transition period, demanded by
public opinion, from noninterference to compulsory interference in
industrial disputes.
A s the act stands at present, it allows the appointment of special
boards o f conciliation to consider any case involving technical ques
tions upon the application o f either party thereto. This provision is
not taken advantage of, principally, it appears, for two reasons: Such
boards would be appointed after a dispute had arisen, and it is believed
that they would be composed o f extremists or prejudiced parties in
most instances, who would therefore fail to agree; and the workers
feel that their representatives on such boards would be more or less
marked men, and so placed at a disadvantage in securing employment
after serving in such a capacity. It is probable, too, that the mere
effort required to put the somewhat cumbersome machinery for consti
tuting such boards in motion has been a prime cause for their not being
utilized. The members o f these boards are required to be experts in
the trade under dispute. There is another provision allowing experts
to be called in to assist in determining the terms of awards. Either a
board or the court may direct each o f the parties to nominate a com
petent person to act in an advisory capacity in any dispute involving
technical questions. They appear not to be always o f unqualified
assistance to the court in arriving at a decision, however, to infer from
1196
BULLETIN OF THE BUREAU OF LABOR.
a remark by the judge in the W ellington bookbinders’ case: “ The
court has experienced very considerable difficulty in reference to mak
ing its award in this dispute. I had to call in the help o f experts; but
unfortunately the experts have disagreed upon every item, instead of
assisting the court to arrive at a decision.”
The organic part o f the act hardly requires further comment.
Naturally every person interested directly or indirectly in the opera
tion o f the law has his suggestions as to desirable changes in the con
stitution o f the higher tribunal, the method o f choosing the judge,
the need o f more courts, and a multitude o f other matters relating to
the constitution o f the machinery fo r carrying out the purposes o f
the statute. A few o f these suggestions follow. A secretary o f a
labor union: “ I favor a court in each island, in order to avoid the
present delay in getting awards. And we need a practical man rather
than a supreme court justice at the head o f the court.” Another
union secretary: “ I prefer a judge as president of the court. W e
want decisions that will hold water if breaches are ever tried before
regular courts, and when the act comes up before the supreme court,
if that ever happens.” A public official and large employer o f labor:
“ Disputes ought to be brought before absolutely nonpartisan tribu
nals, and not before bipartisan tribunals, as at present.” A labor
member o f parliament: “ The judge ought to be permanently and
exclusively an arbitration judge, without interests in the supreme
court and other legal matters to call his thoughts away from the arbi
tration subject.”
There is a proposition to have breaches o f awards tried before
stipendiary magistrates, in ordinary courts o f first instance, which, if
it becomes part o f the law, will introduce an important organic change
into the statute. Some o f the earlier recommendations and agree
ments, like the Auckland painters’ agreement o f 1898, contained such
clauses as the follow ing: “ The penalty fo r the violation o f the above
agreement shall not exceed 148.67, such penalty to be recoverable
before a stipendiary magistrate.” The arbitration court stopped this,
however, and at present breaches are tried exclusively before that
tribunal. Suits for breaches are in practically all cases brought
by the unions; in fact, they are the only bodies that have up to
the present time put the act in motion, either to secure awards or
to prosecute for breaches. In the larger cities their secretaries,
who are usually men acting in the same capacity fo r several unions,
receiving small fees or salaries fo r their services, keep an eye on em
ployers and see that the awards are observed. An amendment was
passed in 1901 giving factory inspectors power to bring suits fo r
breaches o f awards, but the authority was discretionary and has sel
dom been used. Out o f twenty-three cases brought fo r enforcement
o f award in 1902, but two were prosecuted b y officers o f the depart-
LABOB CONDITIONS IN NEW ZEALAND.
1197
ment. The annual conference o f trades and labor councils held in 1903
recommended that inspectors should sue for breaches without the dis
cretionary reservation, and that such cases should be brought before
stipendiary magistrates as well as before the court. Employers seem
to have no objection to this change o f the law; but they wish to see
the inspector the sole party authorized to sue for breaches. Some o f
the remarks taken from conversations upon the subject are as follows.
The secretary o f an employers’ association: “ W e want breaches tried
in ordinary courts, in order to make the arbitration court more care
ful in its awards.” The secretary o f a union: “ W e want breaches
tried before magistrates, in order to avoid delays. W e lose our evi
dence often before we can get a chance to bring a case into court.
Sometimes it is 6 or 8 months before the arbitration court gets around
to a case.” Another union secretary: “ Let there be an independent
inspector o f awards, if the government can afford to pay him, in each
district. W e need a special man to discover all the breaches. Take
the carters here, fo r example. W e know the award is being violated,
but we can’t prove it, by men who board their drivers at the stables
and deduct large sums from their wages for it.” The secretary o f
several unions: “ It gives the unions as much expense and trouble to
bring an action fo r breach as to get the original award. W e have to
get a vote o f a majority o f the union and all that. So it would help
to have the inspectors sue. But breaches are different from awards,
and if they were tried before magistrates we should have to employ
lawyers, and the cost to the unions would be considerable. W e
thought when the act was first got up that it would put plenty of
money in the union treasuries; but we are poorer now than we used to
be.” A labor member of parliament: “ The inspectors should enforce
awards in case o f trifling breaches, before petty magistrates, to save
time and trouble for all parties. ” Another labor member o f parliament:
“ I would make the enforcement o f awards by the inspector compul
sory, and thus take away that much cause o f friction between the
unions and their employers. It makes the latter more hostile to the
unions to be fined now and then at their complaint.” A factory
inspector: “ It would be better to take away from the unions the right
to prosecute fo r breaches and make it compulsory with the factory
inspector. Personally I shouldn’ t like it, but I think that would be
wise. Out o f between 50 and 60 breaches o f the law or awards that
have come to my notice, I have had to take but 2 into court, and one
o f those by wish o f the employers. So many o f the unions have been
organized lately that their inexperienced officers make mistakes in
bringing unnecessary suits. W e could enforce the awards with very
little litigation.” Another factory inspector: “ An argument in favor
o f having the awards enforced by the factory inspector is that he has
150— No. 49— 03—— 5
1198
BULLETIN OF THE BUREAU OF LABOR.
power to examine books o f employers, and if given that power with
reference to the arbitration act, he could discover the evidence of
breaches and still be the sole party inspecting the books. That would
give him a great moral influence, and still make practically no more
prying into the accounts o f employers than at present.” Another fac
tory inspector: “ A n inspector should bring all suits fo r breaches,
first, because he could secure evidence better than the secretaries o f
the unions, who have no legal status in securing evidence; second, he
would compromise more cases out o f court; third, the secretary o f a
union may be made liable for costs if he loses his case, so he is weak
sometimes in enforcing breaches. Then suits should be brought before
stipendiary magistrates, to prevent delays and the evidence getting
cold.”
The intent o f the act has been to make procedure as simple as pos
sible; ordinary errors o f form to not vitiate proceedings or awards.
Evidence given before a board need not be repeated before the court.
Either the board or the court, or their agents, have the right to visit
personally and take evidence in factories, mines, and other places
where an occupation is carried on, in order to determine the condi
tions o f work in that industry. This is a right o f which the court
customarily avails itself. The court may accept, admit, and call for
such evidence as in equity and good conscience it thinks fit, whether
strictly legal evidence or not. The court alone may compel the pro
duction o f books. In practice the court visits the offices o f employers
when the inspection o f the books o f a firm is necessary, and informa
tion so derived is in the confidence o f the court. A lawyer may not
appear in behalf o f either party, before either a board or the court,
unless both parties agree thereto, or unless the lawyer himself be a
party to the action as an employer or employee. The court is forbid
den to include attorney’s fees in any costs levied under the act. In
practice unions o f workers and employers alike usually engage the
services o f some well-qualified man to conduct their case, occasionally
sending to a distant part o f the colony fo r him, and there is thus
growing up a new class o f lay attorneys, who practice only before the
arbitration court.
A R B IT R A T IO N COURT A W A R D S .
The arbitration act taken as a whole includes a considerable body
o f regulations and precedents, which are derived indirectly from the
authority o f the court, as defined in the statute itself, and further
interpreted by the decision o f the supreme court already mentioned.
It is this part o f the total body o f law flowing from the original stat
ute that has contained the most surprises, both for its advocates and
for its opponents. The practical effects o f the law upon industry and
upon social and economic conditions can be judged only by taking into
LABOR CONDITIONS IN NEW ZEALAND.
1199
consideration this further development upon the statutory legislation,
as embodied in the awards given by the court in the various disputes
which have been submitted to its decision.
It has already been indicated that since the amendment of 1901 the
jurisdiction o f the court extends, without any reservation whatsoever,
to all persons hot government employees who are in the service o f
any other persons in the colony, whether engaged in what is specif
ically known as an “ industry ” or not. There is limited jurisdiction in
case o f government railway employees. So much for the jurisdiction
over persons.
The “ industrial matters” coming under the purview o f the court
are better considered in connection with the awards themselves. The
construction o f the awards, their paragraphing and classification, gen
erally follows the paragraphing o f that portion o f the statute which
defines the powers o f the court. The follow ing is a specimen award.
It was ordered by the court o f arbitration on December 23, 1902, the
award to take effect from January 1. 1903, and continue in force until
January 1, 1905:
AUCKLAND SUGAR W O R K E R S AW A RD .
In the court of arbitration of New Zealand. Northern industrial district.
In the matter of “ The Industrial Conciliation and Arbitration Act, 1900,” and its
amendment, and in the matter of an industrial dispute between the Birkenhead
Sugar W orkers’ Industrial Union of Workers (hereinafter called “ the workers’
union” ) and the undermentioned persons, firms, and companies (hereinafter called
“ the em ployers” ): The Colonial Sugar-refining Company (Lim ited).
The court of arbitration of New Zealand (hereinafter called “ the court” ) having
taken into consideration the matter of the above-mentioned dispute, and having
heard the union b y its representatives duly appointed, and having also heard such
of the employers as were represented either in person or by their representatives
duly appointed, and having also heard the witnesses called and examined and crossexamined b y and on behalf of the said parties, respectively, doth hereby order and
award:
That, as between the union and the members thereof and the employers, and each
and every of them, the terms, conditions, and provisions set out in the schedule
hereto and of this award shall be binding upon the union, and upon every member
thereof, and upon the employers, and upon each and every of them, and that the
said terms, conditions, and provisions shall be deemed to be, and they are hereby,
incorporated in and declared to form part of this award; and, further, that the
union, and every member thereof, and the employers, and each and every of them,
shall respectively do, observe, and perform, and shall not do anything in contraven
tion of this award or of the said terms, conditions, and provisions, but shall in all
respects abide by and perform the same. And the court doth further award, order,
and declare that any breach of the said terms, conditions, and provisions set out in
the schedule hereto shall constitute a breach of this award, and the sum of £100
($487) shall be the maximum penalty payable b y any person or party in respect
thereof. A nd the court doth further order that this award shall take effect from
the 1st day [of January, 1903, and shall continue in force until the 1st day of Jan
uary, 1905.
1200
BULLETIN OF THE BUREAU OF LABOR.
In witness whereof the seal of the court of arbitration hath hereto been put and
affixed, and the president of the court hath hereunto set his hand, this 23d day of
December, 1902.
T h e o . C o o p e r , J., President.
T h e S c h e d u l e H e r e in b e f o r e R e f e r r e d T o .
Hours of labor.
1. Except where otherwise specially provided in this award the week’s work shall
consist of forty-eight hours’ work, excluding meal hours. The employers shall have
full discretion to regulate the said working hours in each department according to
the circumstances of each such department, but so that workers shall not be
employed without payment of overtime for more than eight hours and three-quarters
in any one day, nor for more than five hours continuously without an interval of at
least three-quarters of an hour for a meal. The foregoing limits of working hours
shall not be deemed to apply to any worker employed in getting up steam for
machinery in the factory or in making preparations for the work of the factory.
The employers shall be entitled to require any workers or section of workers to
work shifts by day or night.
Overtime.
Overtime shall be paid for at the rate of time and a quarter for the first two hours
and time and a half afterwards, and shall be calculated daily. W ork which is not
work of necessity or emergency done on Sundays shall be paid for at double rates.
Nothing in this clause contained shall apply to night watchmen.
Holidays.
2. The following shall be recognized holidays: Christmas Day, Good Friday,
Picnic Day, and Labor Day.
W ork done on Christmas Day and Good Friday, except work of necessity or
emergency, shall be paid for at double rates, and work done on Picnic Day and Labor
Day, except work of necessity or emergency, shall be paid for at the rate of time
and a half.
Engineer’s shop.
3. The hours of labor and rates of pay shall remain as they are at present.
Rates of wages.
4. The following shall be the minimum rates of wages to be paid to the class of
workers herein specified:
Boiler firem en............................................................. 54s.
Char-end firem en......................................................... 54s.
T rim m ers....................................................................... 42s.
Liquor run ners............................................................. 54s.
Char em ptiers............................................................... 48s.
Char levelers................................................................. 48s.
Panmen...........................................................................60s.
Centrifugal driers......................................................... 48s.
Centrifugal spreaders .*................................................42s.
Centrifugal scoop ers................................................... 45s.
Cellarmen....................................................................... 42s.
($13.14)
($13.14)
($10.22)
($13.14)
($11.68)
($11.68)
($14.60)
($11.68)
($10.22)
($10.95)
($10.22)
per
per
per
per
per
per
per
per
per
per
per
week
week
week
week
week
week
week
week
week
week
week
of
of
of
of
of
of
of
of
of
of
of
48hours
48hours
48hours
48hours
48hours
48hours
48hours
48hours
48hours
48hours
48hours
1201
LABOR CONDITIONS IN NEW ZEALAND.
Packing and delivery store.
General laborers........................................................... 42s.
Head scalemen .......................................................... 48s.
Assistant scalemen...........................
45s.
Head ta lly m en ............................................................. 48s.
Assistant tallym en....................................................... 45s.
($10.22) per
($11.68) per
($10.95) per
($11.68) per
($10.95) per
week of
week of
week of
week of
week of
48 hours
48 hours
48 hours
48 hours
48 hours
Boys and youths shall be paid according to the general scale for payment of
youths and boys hereinafter set forth.
Raw-sugar store.—If the company employs labor, then the following shall be the
rates to be paid: Adult laborers, 42s. ($10.22) per week of 48 hours; jigger drivers
(if adults), 40s. ($9.73) per week of 48 hours; youths and boys, according to the
general scale hereinafter set forth.
If the work in this store is let on contract, then the contractor shall pay to the
workers employed by him the rates of wages above prescribed.
Washhouse.—No boy under the age of 18 years shall be employed in the wash
house. The following shall be the.rates of wages to be paid in this department:
Youths from 18 to 19 years of age, 30s. ($7.30) per week of 48 hours (see below );
youths from 19 to 21 years of age, 36s. ($8.76) per week of 48 hours; adult work
ers, 45s. ($10.95) per week of 48 hours; other workers, filters, blowups, and melters, each 42s. ($10.22) per week of 48 hours; general yard hands, each 42s. ($10.22)
per week of 48 hours; greasers, head, each 51s. ($12.41) per week of 48 hours;
greasers, assistant, each 48s. ($11.68) per week of 48 hours.
If the work in this department is let on contract, the contractor shall pay the
wages set forth as the scale for payment of workers engaged at this work, and the
conditions above set forth shall be strictly observed by him.
Night watchmen.—The hours and general duties of the night watchman, or night
watchmen, shall remain as they are at present, and they shall be paid at the rate of
48s. ($11.68) per week for the week’ s work. The provision of this award in respect
to overtime and holiday and Sunday work shall not apply to night watchmen.
Tinsmiths shop.
The hours of labor and general conditions of work in the tinsmith’ s shop shall
remain as they are at present. Adult workers shall be paid a weekly wage of 42s.
($10. 22).
Youths and boys shall be paid according to the general scale for youths and boys
hereinafter set forth.
If the work in this department is done b y contract, the contractor shall abide by
and perform the above conditions.
Sirup house.
The wages to be paid to boys and youths in this department shall be according to
the said general scale for boys and youths. If any worker over 21 years of age is
employed as a labeler, filler, or boxmaker, he shall be paid not less than 33s. ($8.03)
per week.
I f the work in this department is done by contract, the contractor shall abide by
and perform the above conditions.
Repairing sacks department.
Adult workers shall be paid 42s. ($10.22) per week of 48 hours’ work.
Y ouths and boys according to the said general scale for youths and boys.
I f the work in this department is done b y contract, the contractor shall abide by
and perform the above conditions.
1202
BULLETIN OF THE BUREAU OF LABOR.
Bag-making department.
The hours and general conditions of work in this department shall remain as they
are. The printer shall be paid a weekly wage of 42s. ($10.22). Boys and youths
shall be paid according to the said general scale for boys and youths.
If the work in this department is done by contract, the contractor shall abide by
and perform the above conditions.
Scale of wages for youths and boys.
5. The following is the general scale for boys and youths:
Under 16 years of age.
16 to 17 years of age..
17 to 18 years of age..
18 to 19 years of a g e ..
19 to 21 years of age. .
12s. 6d.
___ 15s.
....2 0 s .
....2 5 s .
....3 0 s .
($3.04)
($3.65)
($4.87)
($6.08)
($7.30)
per
per
per
per
per
week
week
week
week
week
Boys and youths shall be paid overtime according to the provisions of “ The Fac
tories Act, 1901.,,
Boys attending panmen shall be paid a weekly wage of 30s. ($7.30) for 48 hours,
work.
Workmen unable to earn the minimum wage.
6.
A ny worker who considers himself unable to earn the minimum wage herein
prescribed for the class of work in which he desires employment may be paid such
less sum as shall be agreed upon in writing between the president of the union and
the manager of the company, and in default of such agreement within 24 hours after
such worker shall have been given notice to the secretary of the union requiring his
wages to be so agreed on, as may be fixed in writing b y the chairman of the concili
ation board for this industrial district. The said worker shall give 24 hours’ notice
in writing to the said secretary and the manager of such application to such chairman,
and the said secretary and manager shall each be entitled to be heard by such
chairman thereon.
Preference.
7. W hen the rules of the union shall have been amended so as to permit any per
son of good character and sober habits w ho has been or is now employed in the
company’ s works, or who may desire to obtain employm ent from the company, to
become a member of the union upon payment of an entrance fee not exceeding 5s.
($1.22), and of subsequent contributions, whether payable weekly or not, not exceed
ing 6d. (12 cents) per week, without ballot or other election, and when of such amend
ment written notice shall be given b y the union to the company, then and in such case
the company shall, when engaging workers, employ members of the union in prefer
ence to nonmembers, provided that there are members of the union equally quali
fied with nonmembers to perform the particular work required to be done and ready
and willing to undertake it.
Nothing in the foregoing clause contained shall apply to the employment of youths
under the age of 18 years, nor to the employment of casual labor, nor to laborers
engaged in loading or discharging vessels at the company’ s wharves and not employed
in the company’ s store.
8. Until the rules of the union are altered in accordance with the provisions of
clause 7 hereof, the company may employ any person, whether a member of the
union or not; but the company shall not discriminate against members of the union,
nor in the engagement or dismissal of their hands, or in the conduct of their business
do anything for the purpose of injuring the union directly or indirectly.
9. W hen members of the union and nonmembers are employed together, there
LABOB CONDITIONS IN NEW ZEALAND.
1203
shall be no distinction between them, and both shall work together in harmony,
and shall receive equal pay for equal work.
10. Nothing in these clauses contained shall be deemed to prevent the continued
employment by the company of workers now in their employment, although such
workers may not be, or may not hereafter become, members of the union.
Employment booh.
11. The union shall cause to be kept at the Chelsea post-office a book to be called
“ the employment book,” wherein shall be entered the names, addresses, and occu
pations of all the members of the union for the time being out of employment,
together with the names, addresses, and occupations of each person by whom each
such member shall have been employed for the preceding 6 months. Immediately
on such member obtaining employment a note thereof shall be entered in such book.
The union shall be answerable as for a breach of this award in case there shall be
any entry in such book willfully false to the knowledge of the executive of the union,
or in case the executive of the union shall not have used reasonable efforts to verify
the same. Notice when such book is deposited shall be given to the manager of the
company, and until such notice shall have been given the provisions of clause 7 shall
not apply. The manager of the company shall have the right to inspect such book
during working hours.
Week1s notice.
12. A 'week’ s notice shall be given by the employer and worker of termination of
engagement of service, but this provision shall not apply to cases where the worker
has been guilty of misconduct or breach of duty, nor to persons employed casually.
Term of award.
13. This award shall take effect from the 1st day of January, 1903, and shall
continue in force until the 1st day of January, 1905.
In witness whereof the seal of the court hath been hereto put and affixed, and the
president of the court hath hereto set his hand this 23d day of December, 1902.
T h e o . C o o p e r , J., President.
The jurisdiction o f the court, as stated in the law, extends to all
disputes which may be brought before it relating to “ industrial mat
ters.” W ithout limiting the definition, in d u stria l matters” is stated
in the law to include, first:
u(a) The wages, allowances, or remuneration o f workers employed in
any industry, or the prices paid or to be paid therein in respect o f such
employment.”
This is to be read with section 92 o f the consolidated act, which pro
vides: “ The court in its awards, or by order made on the application
o f any o f the parties at any time whilst the award is in force, may pre
scribe a minimum rate o f wages or other remuneration, with special
provision fo r a lower rate being fixed in the case of any worker who
is unable to earn the prescribed minimum.”
These clauses may be held to cover all that relates in any way to the
wages o f the employee. Under this authority the court has estab
lished, according to the customs prevailing in the different trades: (1)
W eekly time wages; (2) daily time wages; (3) hourly time wages; (4)
monthly time wages; (5) piecework schedules; (6) wages for appren
tices and improvers; (7) wages o f minors; (8) wages fo r overtime and
1204
BULLETIN OF THE BUBEAU OF LABOE.
holidays, and has incidentally established holidays in the different
trades; (9) wages fo r urban and suburban or rural work in case o f
employees sent away from their homes; (10) required wages to be paid
while the employee was incapacitated fo r work by injuries received in
service; (11) established the time and place o f payment o f wages; (12)
provided for lower wages fo r incompetent and slow workmen. In sum,
any money provision that might be included in a private contract for
work has been assumed to come under the jurisdiction o f the court and
to be a matter subject to valid regulation by that tribunal. Incident
ally to the authorizing o f piecework schedules, and supported by addi
tional authority granted in subsequent paragraphs o f the act, that court
has in some occupations fixed the ratio o f piecework to time-wage
hands to be employed in a shop, or has forbidden piecework altogether.
It has regulated the matter o f wages and board where employees live
with their employers. The spirit o f the awards has been, in cases
where the interests o f the worker and the industry were in conflict, to
consider first the interests o f the* worker, but so far as possible to
effect a compromise not disadvantageous to either. F or instance, in
a recent bootmakers’ dispute the question o f allowing piecework was
before the court. In the course o f the proceedings the judge stated
that in his opinion piecework was injurious to the workman, and there
fore contrary to social interests. The representative o f the employers,
himself the head o f a large manufacturing and importing establish
ment, thereupon proceeded to withdraw his case, stating that under
the conditions prevailing in the industry he should be forced to close
his factory and import exclusively if time wages only were allowed.
In view o f this fact, as presented, the court did m odify its views in
relation to the award actually granted in that occupation.
W ith reference to the establishment o f a minimum wage the policy
o f the court has not been uniform. Technically, of course, any wage
established by the court becomes a minimum wage; for it is made an
offense against the act to pay less than that wage, except in certain
cases o f incompetents specially provided for under a separate clause
o f the award. But the judicial minimum wage may be placed above
or under the natural minimum wage demanded by custom in a par
ticular industry, or by the standard and cost o f living in any commu
nity. In fixing a wage under the law the court evidently may employ
as its guide either this natural minimum wage or the average wage
then prevailing in the trade or occupation under consideration. Much
depends upon the action o f the court in this matter, and the whole
theory by which the intervention o f the court is justified must be
changed according as the one or the other method o f procedure is
adopted. The original motive fo r establishing the minimum wage
boards in Victoria, fo r instance, was to prevent sweating and undue
competition among workers to an extent that brought wages below
LABOR CONDITIONS IN NEW ZEALAND.
1205
the cost o f living, created a dependent class in the community, and
therefore constituted a social evil in which every citizen and taxpayer
was directly interested. This primary object could be attained by
making the legal minimum wage the same as the natural minimum or
“ liv in g ” wage. This was not a method suggested to obviate strikes,
and would be ineffective to do so in any case, for the Victorian law
contained no provisions and penalties relating to industrial disputes.
M oreover, where there is a natural minimum wage established it is
assumed that no motive is given the average employer to level down
wages to the legal minimum because he has had to increase the wages
o f his lower paid employees. On the other hand, the prime motive
for making the legal minimum wage equivalent to the average natural
wage is to prevent strikes, and only when such an average, fair, or
normal wage has been adopted as a standard is any penalty upon strikes
morally justified. An economic result o f selecting an average wage
for a legal minimum wage, however, is to create a uniform wage
throughout an industry— or at least to create a tendency to make the
wage uniform— because the employer generally has to increase the
compensation o f his lower paid employee, and therefore has a strong
motive to balance his loss on this side by lowering the pay o f his more
efficient men to the minimum. And under a law establishing such a
minimum wage the more competent employee has not a recourse to
strikes for any evil he may personally suffer from the operation o f an
award. It is therefore a matter o f special interest to follow the policy
o f the court in this connection and to trace the effect of that policy
upon the range o f wages paid in different occupations regulated under
the act.
W hen the law was first called into operation, in 1896, the court tried
the experiment o f delegating authority to fix wages in the bootmakers5
trade to a committee o f employers and employees constituted by the
award, from which, in case o f no agreement, appeal might be taken
to the court. But within a few months the court modified the award,
doing away with the private boards, and since then has directly speci
fied the wages, or the minimum wage to be observed by the parties to
the dispute. The principle governing the court seems to be to include
in the award such terms as would probably have been included in a
collective bargain between the parties thereto in case they had come
to an extrajudicial agreement. Therefore the wage is usually what
in the opinion o f the court is a fair wage, or a ruling wage in the
locality to which the decision applies. But in one of the earliest
awards o f the court, that o f the W ellington seamen, in 1897, wages
were raised $2.50 a month. A similar advance is implied in a clause
o f the Canterbury carpenters5 award, given in July o f the same year,
which reads: “ The increase o f wages provided for in rules 1 and 3 to
1206
BULLETIN OF THE BUREAU OF LABOR.
come into operation on Tuesday, the 6th day o f July instant.” So it
appears that in certain instances the awards o f the court have been an
instrument for raising wages, and that they have established a mini
mum wage not only above the lowest, but also above the average wage
previously prevailing in an industry. This, in fact, was the only
just thing the court could do if it were to prevent strikes during a
period o f rising profits and prices.
The view o f the court, however, appears to have been different in
another instance, for in discussing the range makers’ award, given in
Christchurch last October (1902) the judge says: 44These rates ($2.04
a day) are slightly under the rates agreed upon some time ago in
Dunedin. * * * The rates we fix are minimum rates, and are, in
our opinion, the fair minimum rate fo r this class o f work.” A “ fair
minimum ” wage is again defined in the remarks o f the court upon the
W ellington timber workers’ award: “ W e have fixed what is, in our
opinion, a fair minimum rate. In some instances employers were pay
ing less than the amounts now prescribed. In other cases the maxi
mum paid was more. It is a fair minimum that we have to fix, neither
the lowest wage paid in one particular mill nor the highest paid in
another, but what ought to be a fair minimum fo r all the mills.” In
still other instances the court does not speak at all o f a minimum rate,
but o f a “ fair rate” without other qualification. In the Auckland
gas workers’ award o f 1902 the judge says: 44These wages provide for
stokers a yearly sum o f $827 per man, and for coalers o f $645, and the
court considers this to be a fair equivalent fo r the work done.” In
another instance the court is guided by the customary rate paid alone,
as in case o f the Otago bricklayers’ award o f 1902: 46In this matter we
have fixed the minimum wage at $0.37 an hour, that being the stand
ard rate which has been payable in this district for a considerable time
past.” Sometimes there appears to be an effort to provide for a range
o f wages rather than a fixed and uniform wage, as in the 1902 award
o f the Auckland saddlers: 44Every journeyman working at any branch
o f the trade (except as hereinafter mentioned) shall be paid not less
than $0.24 an hour, and the masters recognize that better class men
be paid from $11.68 to $13.38 per week.” In the W ellington grocery
clerks’ award o f 1902 the court again recognizes the difficulty o f fixing
a hard and fast rate o f wages: 44W e have therefore provided a mini
mum wage fo r assistants generally, and the rate o f payment for those
who may occupy positions o f higher responsibility than that o f a
general assistant we have left to the employer and the particular
employee. * * * Merit and ability will always find its legitimate
reward, and it is not in the interests o f either party that in a trade
such as this an automatic rate o f payment for those who may have to
take the more responsible positions in a large grocer’s shop should
be prescribed by this court.”
LABOR CONDITIONS IN NEW ZEALAND.
1207
The court recognizes a tendency not to pay higher wages than those
prescribed in the awards, as is indicated by the following remarks of
the Judge upon the Auckland carters’ award o f 1902: “ W e wish both
men and masters to bear in mind that it is the minimum wage, not the
maximum, we fix. The evidence shows that a few employers are pay
ing to some o f their carters in some instances something over the min
imum. The court does not consider that, because it has fixed the mini
mum at a little lower than the wage at present paid to a few carters,
these carters ought to be brought down to the minimum rate.” Still
more mandatory is a clause in the Auckland cabmen’s award o f 1902:
“ No employer shall reduce the wages o f any employee who is at this
date earning more than the rate o f wages prescribed as the minimum
rate under this award.”
No satisfactory investigation has been made o f the effect o f a legal
minimum wage upon range o f wages, and it should be borne in mind
that data from Victoria, where the minimum wage boards have differ
ent functions and powers than the New Zealand arbitration court, do
not apply to conditions in the latter country. As a matter o f fact the
relation o f the maximum to the legal minimum wage varies in differ
ent trades with different local conditions and with the more or less
perfect adjustment o f the individual awards to the conditions and
customs o f the industry they cover. Men practically familiar with
the working o f the law in New Zealand generally formed their opinion
from facts observed in some particular trade or occupation, and their
views upon the subject were as diverse as their experience. This is
sufficiently shown by the follow ing quotations from memoranda made
during interviews. A manufacturer: “ The maximum and the mini
mum wage tend to become equal, and the court establishes an average
fo r a minimum wage.” Secretary o f an employers’ association: “ The
maximum and minimum wages are the same fo r tram employees.”
Secretary o f a harbor board: “ W e pay the minimum wage to wharf
laborers, $0.28 an hour, and $0.45 fo r overtime.” A building con
tractor: “ W e have to raise our maximum wage in the building trades
when the minimum is raised, or the better men wouldn’t do any more
work than the poorest.” Em ployer and member o f a conciliation
board: “ The greatest weakness o f the act is the dead level o f wages
it creates and the dead level o f mediocre workmanship resulting.” A
prominent editor and printing employer: “ The tendency on the part
o f employers is to make the minimum wage the average wage, and
the court fixes a high minimum apparently with this in view.” An
iron works superintendent: “ The minimum wage is not the maximum
wage with us. W e sack a poor man when we can get a good man,
and pay him more than the award. That’s most profitable for us, and
keeps the men cheerful.” The president o f a trades and labor coun
cil: “ The employer makes the minimum wage the maximum. It
1208
BULLETIN OP THE BUREAU OF LABOR.
would be better to have a real minimum, if it could be done without
injuring better workmen.” The secretary o f a trades and labor coun
cil: “ The maximum equals the minimum wage in some trades,'like
the coach builders. In others, like the bootmakers, it doesn’t. On
the whole the tendency is to level down wages to the minimum.”
The secretary o f several unions: “ The maximum is getting to equal
the minimum wage here, and this has a bad effect on production. I
should prefer to have wages scaled as nearly as possible to output,
and some system o f bonuses established fo r the better workmen under
the award.” A labor member o f parliament: “ Painters and carpen
ters here are getting from $0.73 to $0.97 a day more than the award
minimum.” Another labor member o f parliament: “ Some employers
evidently combine to make the minimum wage the maximum. W e
haven’t positive evidence o f this, but it has not been denied.” A third
labor member o f parliament: “ On the whole the effect is not to put
wages on a dead level.” A factory inspector: “ M y experience is that
most employers pay more than a minimum wage to some employees.
In the bookbinding trades in my district all but one employee receive
more than the minimum wage, which is $9.73 a week. They get from
$12.17 a week up.” A government official in the labor department:
“ The maximum undoubtedly is brought down to the minimum wage
in most cases.” Another factory inspector: “ It is the general rule
here to pay over the minimum wage.” Last January the Wellington
Builders and Contractors’ Association, representing 4A employers, and
employing 372 carpenters, resolved not to pay more than the mini
mum wage established in the award, except to stair builders. But at
the time the award was made only 9 o f the 372 men reported were
receiving more than the minimum wage in question.
An attempt is here made to show the relation o f the maximum wage
actually paid in certain trades to award wages. The matter has been
tabulated from statistical data gathered from the annual reports o f
the department o f labor and from an inspection o f the original awards.
Figures in the final column showing the difference between the maxi
mum and the award wages in 1902 are given only when the maximum
wage reported by the inspectors is known not to include foremen’s
salaries. In several respects the data in the reports quoted is not
uniform, and this has limited the number o f occupations in which an
accurate comparison could be made.
1209
LABOR CONDITIONS IN NEW ZEALAND.
MALE ADULTS EMPLOYED IN URBAN TRADES, AND RELATIONSHIP BETWEEN ACTUAL
AND AWARD WAGES.
[In this table the minimum wage columns include pay of laborers, helpers, etc., and cover many
employees not affected by the awards. In the column showing the difference between the max
imum and award wages for 1902 figures are given only when the maximum wage is known not
to include foremen’s salaries.]
1902.
1899.
Occupations and cities.
Brick and tile makers:
Auckland...................
W ellin gton...............
Christchurch . .......
Dunedin....................
Cabinetmakers:
Auckland...................
W ellington...............
Christchurch'............
Dunedin....................
Carpenters:
Auckland...................
W ellington...............
Christchurch............
Dunedin....................
Molders (iron):
Auckland...................
W ellington...............
Christchurch............
Dunedin....................
Plumbers and gas fitters:
Auckland...................
W ellington...............
Christchurch............
Dunedin (c )...............
Range makers:
Auckland...................
W ellington...............
Christchurch............
Dunedin....................
Saddlers:
Auckland...................
W ellington...............
Christchurch............
Dunedin....................
Tailors:
Auckland...................
W ellin gton...............
Christchurch............
D unedin....................
Tanners:
Auckland...................
W ellington...............
Christchurch___. . . .
Dunedin....................
a Not reported.
b Award later than
Weekly wages.
Num
ber em Mini
ployed. mum.
91
69
53
27
$7.30
8.03
7.30
7.30
$19.47
14.19
123
78
85
2.92
6.33
4.87
4.26
(a)
76
(a)
(a)
(a)
9.25
17.03
(a)
35
35
68
(«)
8.52
7.30
4.38
(«)
16.06
18.98
19.47
117
114
36
72
4.87
7.30
7.30
4.87
15
23
16
2.92
10.22
112
statistics.
Num
Maxi ber em Mini
mum. ployed. mum.
(a)
(°)
Weekly wages.
Maxi
Differ
mum. Award. ence.
$6.08
5.84
6.69
$14.60
15.33
14.60
17.03
$12.17
14.60
14.60
123
81
81
43
21.90
14.60
19.47
14.60
134
87
223
153
6.80
8.52
4.26
6.08
14.60
14.60
19.47
19.47
14.60
14.60
13.38
14.60
.00
.00
74
87
(a)
^ 49
6.57
9.73
(a)
13.38
14.60
14.60
1.22
.00
17.52
13.38
%4.60
14.27
14.60
22
6.08
12.87
12.73
12.87
14.60
1.73
1.42
10.22
(a)
(a)
(a)
10.22
(a)
$2.43
.73
11.68
14.60
52
(«)
215
10.22
(a)
4.87
14.60
15.15
(«)
21..90
14.60
14.92
23.36
17.03
89
116
96
7.30
6.08
6.08
4.38
12.49
14.92
18.98
17.64
13.34
14.92
13.14
13.38
20
7.30
6.08
14.60
12.17
17.03
14.60
7
(«)
24
32
7.30
(*)
6.57
7.30
14.60
(*)
14.60
14.60
(<*)
12.41
13.14
135
26
32
27
4.87
8.76
6.08
3.65
15.82
14.60
15.09
14.60
101
45
63
48
8.52
7.30
4.87
4.62
12.17
14.60
18.25
14.60
11.68
11.68
11.68
11.68
.49
202
120
3.65
7.30
3.65
7.30
29.20
14.60
14.60
17.03
140
147
199
140
9.73
9.73
4.87
3.65
14.60
14.60
29.20
17.03
12.17
13.38
13.38
13.38
2.43
113
84
25
81
/ 27
70
7.30
7.30
8.76
8.52
24.33
17.52
19.47
42
87
252
85
7.30
7.30
5.84
5.84
13.38
14.60
19.47
19.47
10.95
(<*)
10.95
(<*)
2.43
66
11.68
c Including tinsmiths.
d No award.
e
f
(&)
.00
(d)
1.22
No adults employed.
Beamsmen only.
The table shows that out o f 13 cases where the figures allow a rea
sonably exact comparison o f the maximum wage paid journeymen
mechanics with the award wage in four instances the two rates were
the same. In the case o f the Auckland plumbers and gas fitters the
award made just after the statistics were taken increased wages over
the maximum paid when it went into effect. In 9 trades or districts
the maximum wage ranges from 49 cents to $2.43 a week above the
minimum rate established by the award. A ny comparison o f the
maximum wage paid in 1899 with that paid in 1902 is apt to be mis
leading, except in the W ellington district, because o f the uncertainty
as to whether the wages o f foremen are included in the figures given.
1210
BULLETIN OF THE BUBEAU OF LABOB.
The minimum wage column includes the pay o f laborers, helpers, and
improvers o f various kinds, over 20 years o f age, and covers many
employees not affected by the awards. This column also shows no
special improvement in the wages paid the workers during the last
three years. But it must be remembered that neither column con
tains even a suggestion as to the average wages for all employees,
which may have varied considerably during that period. The present
average wages o f skilled craftsmen, however, are indicated with prac
tical exactness in most cases by the rate established by the awards.
A somewhat novel assumption o f jurisdiction by the court under the
clause o f the act now under discussion appears in an award o f the
W ellington horse-car employees o f 1902. The minimum wage section
contains this clause: “ Only time lost through the default of the work
man shall be deducted from the weekly wage.” In his remarks upon
the award the judge says: “ It has been the custom for the corporation
[the municipality o f W ellington] to stop from the weekly wages o f the
men time lost through injuries sustained b y the men in the perform
ance o f their duties, even though the disablement has been for less
than 14 days, and therefore was not insured against. This, we think,
requires alteration, and we have provided that only time lost through
a man’s own default shall in future be deducted from his wages.”
The W orkers’ Compensation fo r Accidents A ct at this time provided
that in case o f injuries disabling a worker for a period o f at least two
weeks the employer should be liable for compensation not exceeding
one-half his average weekly earnings, and not exceeding $9.73 a week.
A subsequent amendment to the act has reduced the period o f disable
ment required to incur liability to one week. The administration of
the Compensation fo r Accidents A ct is under the jurisdiction o f the
arbitration court. Here the court has, however, in a special employ
ment, not more dangerous than many others, and acting apparently
from a sense o f equity rather than in response to a trade custom,
required full wages to be paid employees in case o f any accident in
service; or, in other words, has amended the act. But this conflict and
overlapping o f legislative and judicial authority occurs in a number o f
other instances in the working o f the arbitration law, and will be dis
cussed more fully elsewhere.
The question o f the wages o f incompetents and slow workers has
been one o f the most vexatious that has arisen under the arbitration
law. The awards contain a provision that if any journeyman considers
and proves himself incompetent to earn the minimum wage he shall be
paid a less wage, to be agreed upon between the employer and the
president or secretary o f the union o f the trade in question and speci
fied in a permit granted by the. latter. Other ways o f securing these
permits are sometimes provided, but usage has gravitated toward the
method mentioned, with an appeal in case o f disagreement to the
LABOR CONDITIONS IN NEW ZEALAND.
1211
chairman o f the local board o f conciliation or some other disinterested
third party. The permits usually run for 6 months, and thereafter
until a 14: days5 notice from the secretary o f the union, to show cause
why it should be continued, has expired.
A number o f cases have occurred where refusal to grant these per
mits is reported to have worked hardship upon employees. A case
was mentioned in Christchurch where a crippled painter had lost
employment in this way. But as a rule the unions seem to have been
fairly liberal in granting special concessions to real incompetents, at
least in the case o f local workmen. The incompetent drifting in from
outside may have a rough time o f it. The chairmen o f the concilia
tion boards are said to hesitate about overriding the decision o f the
union officials in case the latter refuse a permit. It is natural to
assume that his fellow-workmen can appraise a man’s competency
to earn a full wage better than an outsider. But the unions, though
they have the granting o f these permits largely in their own control,
are by no means satisfied with the situation. They claim that employ
ers, by refusing to employ men on the ground that they are unable to
earn the minimum wage, always have at hand an instrument with
which to attack the integrity o f the awards. They want a statutory
definition o f incompetency, as implying age, infirmity, and similar
disabilities, made part o f the act. Individual unions have also tried
to secure some such definition o f incompetency in their awards, but
the court has usually ruled that the provisions o f the statute did not
permit it to exclude any worker from the privilege o f requesting such
a permit if he so desired. In some cases, however, as in the Auckland
cabmen’s award o f 1902, the incompetency clause specifies 46old age
or physical infirmity” as the grounds upon which lower-wage permits
shall be granted.
Naturally there are many workers who are a trifle less competent
than their fellows, who are decidedly averse to applying for these cer
tificates. To hold one marks a man as less skilled and therefore a less
valuable workman, and prejudices his price in the labor market for
all time to come. This is only another version o f the minimum-wage
question— the difficulty o f fixing a uniform rate which shall hold for
the labor value o f every man engaged in an occupation. Under the
piecework system this difficulty is not encountered. But if there
should be a period o f falling prices and trade depression in New Zea
land, and the value o f labor should also decline, so that a large number
o f workmen might fall just below the minimum wage-earning capacity
to swell the ranks of nominal incompetents, it looks as though there
might be a struggle between the more highly skilled few and the less
capable many over the question o f the justice o f the awards themselves,
which would lead to dissension in labor ranks and an imperiling of
the efficacy o f the act.
1212
BULLETIN OF THE BUREAU OF LABOR.
The second paragraph o f the statutory enumeration o f the matters
under the jurisdiction of the court reads as follows: “ (b) The hours of
employment, sex, age, qualification, or status o f workers, and the mode,
terms, and conditions o f employment.” These powers are qualified by
the follow ing statutory reservation: “ In no case shall the court have
power to fix any age fo r the commencement or termination of appren
ticeship.”
Under this somewhat vaguely defined but evidently comprehensive
grant o f authority, the court has included in its awards regulations
governing: (1) The hours o f labor and the distribution o f those hours
throughout the different days o f the week or fortnight; (2) hours for
meals; (3) apparently sex in some trades, as in the question of inden
turing printers’ apprentices; (I) the proportion of youths to’ men
employed; (5) the age o f youths employed; (6) the indenturing or non
indenturing o f apprentices in different trades; (7) the term o f appren
ticeship; (8) read in connection with paragraph (a), quoted above, the
conditions under which piecework may be used; (9) the terms of con
tracts for job work, as in mines; (10) the operations or class o f labor
that different grades o f workmen shall be allowed to perform ; (11) an
implied right to govern the introduction o f machinery into a manufac
turing operation; (12) the classification o f manufacturing departments.
It might be possible to extend still further the detailed enumeration
o f items in the various awards that appear to be based upon authority
derived from this clause o f the statute.
Constant pressure is brought by the unions to reduce hours of labor
by the awards, as well as to increase wages, and in most skilled trades
they have secured what is practically a Saturday half holiday (a) by
obtaining decisions requiring overtime to be paid for any period worked
over 4A hours a week. But the specific details o f the regulations
established in this respect are as various as the trades they govern.
The question o f apprenticeship and o f the proportion o f youths to
men employed is, like the question o f hours and wages, one o f the
points where the interests o f employers and employees come most
sharply into conflict. The court has stated its general policy in this
matter in the remarks appended to the award in the W ellington g ro
cers’ dispute o f 1902, where the petition o f the union was denied:
There are some occupations where it is advisable to limit youths
in number. But there are other occupations where no such limit is
either reasonable or necessary, and, as we have said on more than one
previous occasion, it is our duty to see that the avenues for suitable
work are not closed to the youth o f the colony. W e owe a duty to
the boys o f the community, as well as to the adult workers of the
colony, and that duty we must perform to the best o f our ability. In
practically every occupation tne regulation o f which has been sub
mitted to this court we have been asked to exclude youths beyond a
limited proportion to the adults employed. That proportion is gen« A bill is now pending to make this compulsory b y statute.
LABOB CONDITIONS IK NEW ZEALAND.
1213
erally stated at either one youth to three or one youth to four adults
employed. Thoughtful workingmen, we think, must recognize that if
their boys are debarred from obtaining suitable employment in trades
from which there is no natural right for their exclusion a wrong is
done to these boys, and the difficulties surrounding the bringing up o f
a family are very much increased. The interests o f the colony demand
that there must be no improper shutting out from the legitimate means
o f earning a livelihood by tne youth o f this colony; and we think that
we are amply justified, in the interests o f the working classes them
selves, in again emphasizing this principle. While, therefore, we do
not limit in any way the employment o f youths in this trade, we pre
scribe a scale o f wages to be paid to them according to age, which we
think will prevent any abuse.
Both the statutes and the awards o f the court prohibit the employ
ment o f young workers without pay, and in all cases where the employ
ment o f youths is permitted the court has followed the policy indicated
above, o f prescribing a scale o f minimum wages rated according to the
age or the term o f service o f the minors employed in the industry. The
object o f the workers in seeking to limit the employment o f youths is
twofold; (1) To prevent the supplanting o f better-paid adult labor by
cheap child labor, and (2) to avoid the creation o f a surplus o f skilled
workmen in any occupation. The unions are in favor o f indenturing
apprentices, and the conference o f trades and labor councils, which
is the mouthpiece o f organized labor in the colony, has repeatedly
called for statutory legislation compelling indentureship in the skilled
trades. A ll o f the classical arguments pro and con with regard to
this system have been thrashed out repeatedly before legislative com
mittees and arbitration tribunals, and need not be rehearsed here.
The practice o f the court has been to observe the local custom o f
the trade in the requirements prescribed in the awards in respect to
indenturing, but in the skilled occupations to establish in all cases at
least a sort o f free apprenticeship by requiring that a certain period
shall be served in a trade before a workman shall be entitled to award
wages as a journeyman. In this respect the trade-union rules familiar
to American workmen are embodied without important modification in
the court’s decisions. Awards contain a condition to the effect that
arrangements already existing between employers and the apprentices
working fo r them shall be observed. The term o f unindentured appren
tices has been extended in some awards. The new Auckland molders’
award, where a 5-year apprenticeship form erly prevailed, reads: a The
period o f apprenticeship shall be 6 years. Indentures shall not be
necessary. The proportion o f apprentices to journeymen employed
by any employer shall not exceed one apprentice to every three jour
neymen or fraction o f three.” There does not seem to be a disposi
tion on the part, o f the court to extend indentureship where it does not
already exist. In the case o f the Otago tailors the judge said: “ Ithas
150—Up? 4JMW---- 6
1214
BULLETIN OF THE BUREAU OF LABOR.
not been the custom o f the trade to indenture the apprentice, and we
do not consider that an alteration should now be made.” The obliga
tion to indenture youths is sometimes considered a sufficient restriction
upon the employment o f minors in a trade. In the Otago bricklayers’
award o f 1902 the court says: u W e have not limited the number o f
youths. The union at the hearing asked that the proportion should be
one to every journeyman. W e consider that the obligation to inden-.
ture the youths will be quite sufficient in this trade to insure that no
unfair proportion o f youths will be em ployed.” Country towns are
sometimes excepted from the limitation as to the number of youths to
be employed. In certain awards it is made optional to indenture or
not to indenture apprentices, but in the latter case the minimum wage
is made higher than in the former. In the W ellington typographers’
country award the follow ing schedule o f weekly wages is fixed for
male employees under 21 years o f age:
WEEKLY WAGES FOR MALE EMPLOYEES UNDER 21 YEARS OF AGE.
Time.
First 3 m onths...........................................................................................................
Second 3 months.......................................................................................................
Third 3 m onths.........................................................................................................
Fourth 3 m onths.......................................................................................................
Fifth 3 m onths...........................................................................................................
fti-yth 3 months...........................................................................................................
Fourth 6 months........................................................................................................
Fifth 6 months...........................................................................................................
Sixth 6 m onths.........................................................................................................
Seventh 6 months.....................................................................................................
Eighth 6 months.......................................................................................................
Ninth 6 m onths.........................................................................................................
Tenth 6 m onths.........................................................................................................
Eleventh 6 m onths...................................................................................................
Twelfth 6 months......................................................................................................
Uninden
tured em Indentured
ployees’ employees’
wages.
wages.
$1.22
1.83
2.43
3.04
3.65
4.26
5.47
6.08
6.69
7.30
7.91
8.52
9.12
10.22
(a)
$1.22
1.22
1.22
1.22
2.43
2.43
2.43
3.65
3.65
4.87
4.87
6.08
6.08
7.30
7.30
a Journeyman’ s wages.
It is a rather general complaint, even among employers friendly to
the act, that the limitations placed upon apprenticeship in the awards
react unfavorably upon industry.
A coach builder, himself an
employing workman, said: “ The main difficulty with the award here
is the limitation o f apprentices, which will make the future supply of
workmen deficient. W e are not training any boys up in our trade
here.” A boot manufacturer said: “ W e employ practically no
apprentices, and can’t make infants’ and small goods.” A publisher:
“ The apprenticeship limitation in the linotype award is such as to
make it practically impossible fo r a boy to learn operating in the
colony. I know o f but two papers that have a single linotype appren
tice. W e have not business enough to justify a special school for
operators in the colony, so we shall have to get skilled men from
abroad when we need them.” On the other hand, trade-union officials
say that lax apprenticeship is deteriorating the colonial workmen. A
Labor conditions in n e w Zealand .
1215
union secretary said in the course o f a conversation: “ 1 found that
foreman that I just sent those men to his first job in the colony not
long ago. He started in as a common journeyman, and now has
charge o f the work o f a large employer* takes on and sacks men, and
is the general boss, simply because he understands his trade better
than the men trained in the colony. And 1 could give you a dozen
other instances o f the kind here in the city where the same thing has
occurred, and outsiders have come in and been promoted over the
home men.”
The follow ing is taken without comment from a recent memoran
dum in the records o f an employers’ association: 66 In industry No.
4 an important development has taken place in connection with the
question o f the limitation o f apprentices. The award, it appears, lim
ited the number o f apprentices to one fo r every three operatives. As
time went on, however, owing to the number o f skilled hands (through
removal and other causes) becoming greatly reduced, and to the ina
bility o f the employers and the union to find hands to fill their places,
it was found that unless apprentices were taken on in excess o f the
number allowed in the award the business o f one establishment at
least would be seriously checked and would ultimately come to a
standstill. Some understanding has, I believe, been arrived at between
the employers and the union on the matter.”
Even with the restrictions placed upon the employment o f minors,
it is a general source o f complaint with manufacturers that young
workers are difficult to secure. In a shoe factory visited several
machines were idle, according to the proprietor, because he could not
find girls to operate them.
Piecework is limited in a number o f awards, and there appears to
be a disposition on the part o f the court to discourage this form o f
payment fo r services. The number o f pieceworkers is not restricted
in the first carpenters and joiners’ award at Auckland, but in the pres
ent award not more than one pieceworker is allowed for every three
men working on time wages. In connection with the Otago tailors’
award o f 1897 the judge said: “ W ith respect to what appears to be the
principal matter in dispute— the proportion o f wages men to journey
men [pieceworkers]— we see it has been recognized in the old country,
and here in the colony (in W ellington), that it is considered in the
trade to be a reasonable thing that a proportion should be fixed. An
agreement has been come to in W ellington between the masters and
the union upon the subject, and our award will be to place the trade
on the same footing as the trade in W ellington— that is, one day man
in any shop, and a second day wage man fo r the second four piece
workers employed.” In the furniture trades in the same district
however, piecework is now prohibited, though allowed and regulated
by an elaborate schedule in the previous awards,
1216
BULLETIN OF THE BUREAU OF LABOR.
There seems to be an implied claim on the part o f the court to the
right to regulate the introduction o f machinery in a business, as in
certain awards such introduction is expressly allowed to employers.
In the Canterbury bootmakers’ award o f 1901 there is a clause stating:
“ It is the manufacturer’s right to introduce whatever machinery his
business may require. * * * A n y system o f subdivision may be
used, either in connection with hand or machine labor; but the
employer must arrange the subdivision so that the product of each
man is a separate and independent operation.”
The next three paragraphs o f the act enumerating* the matters under
the jurisdiction o f the court should be read together: “ (c) The em ploy
ment o f children or young persons, or o f any person or persons or
class o f persons, in any industry, or the dismissal o f or refusal to
employ any particular person or persons or class of persons therein;
(d) The claim o f members o f an industrial union o f employers to
preference o f service from unemployed members o f an industrial union
o f workers; (e) The claim o f members o f industrial unions o f workers
to be employed in preference to nonmembers.”
The last two o f the sections quoted are amendments to the original
law, and give specific statutory authority for powers previously
assumed by the court under the clause which immediately precedes
them. So far as that clause applies to children and young persons, it
has already been discussed under the provisions o f paragraph (b). By
virtue o f the powers here granted the court has assumed jurisdiction
over two questions, one o f minor and the other o f supreme importance,
in the history o f the act. The first may be speedily disposed o f as it
simply refers to a preference given to home labor in certain cases
over labor brought into a locality from a distance, without reference
to membership in any organization. In the Denniston coal miners’
award o f 1896 the court prescribed: “ A s regards hewing coal and
trucking and tipping, so long as there are sufficient capable men at
Denniston out o f work, the company shall employ these either by
contract or day labor provided they are willing to work at reason
able rates, before the company calls for tenders from outsiders or
employs outsiders.”
The other question that has arisen out o f this sphere of the court’s
jurisdiction is the important one o f preference to unionists, to-day the
most constantly and acrimoniously discussed o f any matter relating to
labor legislation in the colony. The title o f the original statute stated
that it was “ an act to encourage the formation o f industrial unions,”
and under this section o f the title, as defining the intent o f the law,
the court ruled in the Canterbury bootmakers’ case, in 1896, that the
claim to preference o f employment made by the industrial union bring
ing the dispute was a justifiable claim which it was within the jurisdic
tion o f the court to grant, and in the award gave unconditional prefer
ence to the members o f that organisation, simply stipulating that
LAHOK CONDITIONS
IN N E W
ZEALAND.
1217
members should be equally qualified with nonmembers; that when
the latter were employed both should work together in harmony,
and that the nonmembers should be subject to the same conditions
o f work and wages as members. The bootmakers" union was one
o f the oldest and strongest in the colony, and had practically con
trolled the workers’ side o f the situation before the arbitration act
came into existence or the society had registered as an industrial
union. In later cases, where the union did not control the majority
o f employees in an industry, the court refused to grant preference.
The principle guiding the court in its decisions upon this point
seems to have been that the union must prove its right in equity to
receive preference in order that the latter shall be granted; and that
such right shall only arise when the members of the union form , if
not a literal majority, at least a dominant element in the body of
workers employed in the trade under consideration. In his remarks
upon the 1898 award case o f the Christchurch engineers, the judge
defined the position o f the court as follows: “ The claim of a union to
preference to employment, in my opinion, necessarily fails when it is
ascertained that the union is not really representative o f the greater
number o f men employed in the trade* and the claims o f the union
have not resulted in any practical benefit to the bulk of the workmen.”
In later awards this preference is never granted unconditionally, as
in the first case quoted. To secure preference a union must now
establish in its rules provisions allowing any competent man to become
a member without unreasonable financial or other restriction. This
provision was originally included in the Reefton gold miners’ award of
1900, where it reads as follows: “ I f and after the workers’ union shall
so amend its rules as to permit any person o f good character and sober
habits * * * who is a competent miner to become a member of
such union upon payment o f an entrance fee not exceeding 5s. ($1.22),
and o f subsequent contributions, whether payable weekly or not, not
exceeding 6d. (12 cents) a week, upon a written application o f the per
son so desiring to join the workers’ union, without ballot or other elec
tion, and shall give notice o f such amendment,” etc.
Until such notice was received the employers were at liberty to
employ nonunion men at discretion. O f course the object o f the
provision is to prevent the union’s establishing a labor monopoly by
limiting or otherwise restricting its membership. A second condition,
adopted still earlier and regularly included in subsequent awards, is to
require the unions to keep a public employment book in some place
where it may be conveniently consulted by employers, with a register
o f the names, addresses, and qualifications o f the unemployed mem
bers o f the unions.
W here preference is not granted, it is customary to insert in the
award a clause forbidding discrimination against unionists in giving
employment. The conditions under which preference is granted or
1218
BULLETIN OF THE BTJKEAU OF LABOR.
refused are still further defined by the following quotations from the
rulings o f the court in the Auckland carters’ award, 1902: “ W e think
that in the special circumstances o f this particular occupation prefer
ence to unionists is impracticable where the general body o f employers
is in opposition to such a claim. W e think, where so many different
businesses are involved as there are in this dispute, that to restrict the
freedom o f employers against their will would be to unduly embarrass
them in their respective callings.” Molders’ award: u W e have con
tinued in this award the preference allowed in the form er award, so far
as regards W ellington employers. W ith regard to the employers in
Napier, Wanganui, and Palmerston North, there being no branch o f
the unions in these towns, the preference clause is inapplicable.”
Auckland sugar workers’ award: “ As practically the whole o f the
company’s men are in the union, we have considered that preference
should be given, and in this case we think it is not at all against the
interests o f the company. W e notice, however, that the rules o f the
union limit the membership o f the union to past and present employees
o f the company. This limitation must be removed before the prefer
ence clause can operate, and the right o f membership must be extended
to all those who desire to obtain employment at the company’s works.
The preference clause does not apply to casual labor, wharf labor, or
boy labor.” W ellington grocers’ award, 1902: “ As regards prefer
ence, we have granted this so far as the employment o f assistants over
18 years is concerned. Those under that age have the right to join
the union, but we do not compel them to do so.” Canterbury woolen
mills employees’ award, 1902: “ W e do not give preference, but have
inserted the clauses protecting unionists from being discriminated
against and providing that unionists and nonunionists shall be treated
alike. In this present dispute the court must take into consideration
the fact that the productions o f these mills ha\ e to be sold in compe
tition with those o f other woolen mills in the other industrial districts.
No dispute exists with reference to these mills [in other districts], nor
has the court any power to make one award applying to the mills in
the other parts o f the colony. It would be manifestly unjust for the
court to impose special conditions on the Canterbury mills which
would seriously hamper their business and power to fairly compete
with the other woolen mills in the colony.” Southland carters’ award,
1902: “ The union asked fo r preference. The onus o f proof that they
are entitled to this is upon them. They have not placed before the
court any sufficient ground to justify us in restricting in this respect
the freedom o f employers. The union has only been recently formed.
It contains only about 30 members, and, apart from any other consid
eration, it has not, on the ground o f the number of its members,
shown any prima facie case fo r preference.” Southland timber work
ers’ award, 1902: “ Men are continually changing in these country
LABOR CONDITIONS IN NEW ZEALAND.
1219
mills. The mills are themselves scattered over a wide space o f
country throughout the provincial district o f Southland, and it is
practically impossible for the union to keep lists o f the men from time
to time out o f work in convenient places suitable fo r each mill owner.
It would be imposing much too great a restriction upon employers to
compel them in all cases to communicate with the union officials in
Invercargill fo r the purpose o f ascertaining whether the men they
wished to employ were unionists or not. W e therefore think that the
conditions here o f this industry do not justify the inclusion o f the
preference clauses, and we have therefore inserted the usual clauses
settled by this court where preference is not given— namely, that
employers shall not discriminate between unionists and nonunionists,
but the men shall work in harmony together, and receive equal pay for
equal w ork.” Otago and Southland dredgmen’s award, 1902: u W ith
reference to preference we are o f opinion that, as the dredges are
working over a very scattered and extensive area of country, prefer
ence is inapplicable.”
As a rule the preference-to-unionist clause has not been held to
imply that a nonunion man need be discharged to make way for a
union man, or to force an employer to employ an incompetent union
workman in preference to a competent nonunion workman; but in
the Canterbury bootmakers’ award the following rather radical depar
ture from this ruling was made by a specific provision o f the award
itself: “ When a nonunion workman is engaged by an employer in
consequence o f the union being unable to supply a workman o f equal
ability willing to undertake the work, at any time within 12 weeks
thereafter the union shall have the right to supply a man capable of
perform ing the work, provided the workman first engaged declines
to become a member o f the union. This provision shall also apply to
those nonunion men already employed.” In a subsequent award in
the same industry, in the Auckland district, however, the court not
only withholds this concession, but expressly prescribes in the award
that “ No employer shall be compelled to discharge any nonunionist
already legally employed by him, notwithstanding such workman may
not hereafter join the union.”
The whole question o f granting preference to unionists has recently
assumed new importance in New Zealand on account o f the agitation
conducted by the labor party fo r the purpose o f making such prefer
ence compulsory by statute. This has been favored for some years by
the unionists, and the ministry, through the premier, Mr. Seddon, is
reported to have consented at last to give such a measure official sup
port in the coming session o f parliament. Employers as a class are
bitterly opposed to such action, and there are signs o f active opposi
tion on the part o f other elements o f the community that have not
heretofore taken part in influencing this kind o f legislation.
1220
BULLETIN
OF THE
BUREAU
OF LABOR.
The hostility to preference to unionists resolves itself into opposi
tion to unionism as it exists, at least in the minds o f its opponents, in
New Zealand. Only superficial contact with employers is necessary
to learn that this feeling is at present very intense and very bitter.
To understand fully this condition of sentiment, one would probably
have to be a colonial employer.
Some extracts from the annual
address o f the president o f the Canterbury Employers’ Association for
1902 present the views o f the opponents o f unionism in their own
words. This particular address is quoted because employers in every
city o f the colony voluntarily brought it to the attention o f the writer
o f this report, with a strong indorsement o f the statements it
contained.
On the ground o f expediency, then, I claim that the demand for
preference is not justified, for the follow ing reasons, among others:
1. That unionism as practiced in New Zealand does not fully recog
nize the rights and privileges o f parties outside the union fold.
2. That it does not encourage or try to promote harmonious rela
tions between employers and employed.
3. That it does not develop the ability or raise the character o f its
members.
1.
That it does not render, or even profess to render, improved serv
ice to the public or the State.
TH E RIGHTS OF NONUNIONISTS.
Evidence as to my first point may be gathered* from any statement
o f claim lodged by a union under the Industrial Conciliation and A rbi
tration Act. In nearly every such claim a demand is made that the
number o f apprentices in a particular trade be restricted. In no case
o f which I have any knowledge has it been proved that a given trade
is overmanned by reason o f the training up o f too great a proportion
o f apprentices, nor that such training has been deficient in quality as
measured by results, having regard to the individual capacities of
apprentices themselves and the changing conditions prevailing in the
modern industrial world. On the contrary, it has been shown conclu
sively that the reverse o f the foregoing is true; and, moreover, that if
the restriction o f apprentices as asked fo r were granted there would
not be room in the various trades fo r all the boys and girls who may
reasonably be expected to seek admission. For if it is right that
restriction should apply in a particular trade, it is right that it should
apply in all branches o f employment, not excluding the professions or
even the lowest ranks o f labor. The consequence o f this would be
that many thousands o f boys and girls each year would be prohibitedi
not only from learning a trade, but from engaging in any occupation
whatever. But we will assume fo r a moment that this restriction
should apply only to the skilled trades. I hold it to be both just and
expedient that every young person having the inclination and the
ability to become a proficient tradesman in any branch o f industry
should have both opportunity and encouragement afforded him. To
make a close corporation o f a trade is to deny to a large proportion o f
the youth of the colony, fo r whose existence we are responsible and
LABOR CONDITIONS
IN N E W
ZEALAND.
1221
whose future is in our hands, the right which every man is entitled to
claim for himself. It is quite obvious, also, that such denial must
react on the parents, who will in many cases be deprived o f the assist
ance they might naturally expect from the earnings of their sons.
Moreover, as it is in the best interests of the State that the producing
power o f its citizens should be developed to, and maintained at, the
highest possible pitch, any such antagonistic action must be opposed
to the public welfare.
I f the rights o f youth are ignored by the unions, the rights of age
are no less so. The establishment o f a minimum wage, as claimed
by them, must necessarily exile from employment most, if not all, of
those who, by reason o f age, infirmity, or natural disability are incom
petent to render adequate service. The attitude of the unions toward
these unfortunate incompetents, as shown in evidence before the arbi
tration courts on more than one occasion, is scandalous and reprehensi
ble in the highest degree, while the protection provided in certain
awards is inadequate in its extent and demoralizing in its application.
As to the nonunionists, I have already pointed out that their monop
olistic brethren would, if they had their way, deny them the very right
to exist in this ultrademocratic, or should T not rather say, antidemo
cratic country.
Previous to the introduction o f our so-called labor legislation, the
relations between employers and employed in this colony were, on the
whole, and with but few unimportant interruptions, harmonious and
friendly. There is a form o f trade union which may be called a natural
one, which is, at any rate, economically sound and good. That is the
union between an employer and his work people for their common
good— a partnership, on well-understood terms, with a very definite
object, in which both parties have a common interest. This sense o f
community o f interest breeds mutual respect, good feeling, and con
fidence, and promotes a healthy competition between shop and shop
from which advantage accrues to the community. This was the olcltime condition, but since 1896 a marvelous change has taken place.
Unions have either misconceived the intention o f the labor legislation,
or have willfully twisted it from its proper purpose. The Conciliation
and Arbitration A ct was designed as an instrument for the settlement
o f disputes, but it has been used as an instrument for their manufacture.
Machinery intended to promote harmony has been employed to produce
discord. Our elaborate preparations for peace have excited one o f the
parties to declare war. By this means the unions have endeavored,
and with much success, to upset the old-time pleasant, reasonable, and
profitable relationship, and to substitute for it a hard mechanical rela
tionship, the terms o f which are to be dictated by them through the
medium o f an outside authority. It is apparently their determination
that this partnership is to be dissolved forever, and the partners are
henceforth to regard each other as enemies to be dreaded, instead of
as friends to be trusted. I am convinced that this is entirely in the
wrong direction, and that industry can not be carried on continuously
and successfully under such an obviously artificial arrangement. No
outside authority, however gifted and however just, can determine
the course o f trade. It may award high wages, and while conditions
are favorable it may be obeyed; but it has no power to create employ
ment, and will be helpless to maintain its award in the face o f adverse
conditions. When the strain comes there will be a breakdown. In
1222
B U L L E T IN
OF
THE
BUREAU
OF
LABOR.
the meantime a breach has been made, and the utmost patience and
care on the part of employers will be needed to prevent its growing
wider as time goes on.
UNIONISM AND EFFICIENCY OF LABOR.
One o f the most serious charges that can be laid against unionism is
that it reduces the efficiency o f labor. This is the direct and inevitable
outcome o f the minimum wage, which means scaling efficiency down
to the level o f the least competent workman. This is perfectly mani
fest in theory, and practical evidence has been adduced in connection
with more than one trade now working under awards o f the court.
The direct effect upon industry can not fail to be felt sooner or later,
revealing itself in increased cost and inferior workmanship. And this
effect will become more marked as the area o f deterioration extends.
The local manufacturer will suffer in his competition with the
importer— as, indeed, he is already suffering— and trade will tend
more and more toward the larger centers o f production, where spe
cialized machinery can be more fully used and the labor element in
cost correspondingly reduced.
These remarks are quoted because they represent the sentiment o f
the employing interests, rather than because they specifically answer
the practical arguments brought forward by the other party for mak
ing preference a principle involved in the act. There is little altruism
or regard for broader ideals manifested by either side when it comes
to a clash o f selfish interests, any more than during a period o f acute
labor tension in other countries. The arguments advanced by the
workingmen for granting compulsory preference are derived from
the nature and provisions o f the existing legislation, and only indi
rectly and by analogy trench upon the grounds upon which trade
unions in other countries, where individual or collective contract pre
vails, justify their attempt to exclude nonunionists from employment.
Had the unionists o f New Zealand no other claims fo r special con
sideration than those o f other countries, it is doubtful if an arbitration
court presided over by a supreme court justice would have granted
them preference in its awards. But the law constituting that tribunal
is based upon the assumption o f unionism, and its machinery can be
set in action only by these organizations. W ithout them the act itself
becomes inoperative.
Anything that justifies the act justifies the
existence o f the unions and forms a valid argument for their
encouragement. The court is not empowered to deal with workers
as individuals, and the very life o f its jurisdiction depends upon the
organization o f employees. The whole scheme for the arbitration
o f industrial disputes set up in New Zealand must stand or fall with
the form o f unionism that it creates. W hether this vital alliance is
or is not a fatal defect in the law is another question. But, granting
the value o f the law, one must grant the value of the unions.
This fundamental question aside, the secondary consideration re
mains whether or not it is preferable to establish an automatic prior
LABOR
C O N D IT IO N S
IN
NEW
ZEALAN D.
1228
claim to employment on the part of the unionists by statutory enact
ment or to leave the matter to the discretion o f the court. Many of
the difficulties that a legal provision to this effect would encounter are
suggested in the series o f decisions upon the point of preference
already quoted f r3m the court awards. They alone constitute a strong
argument for leaving authority to grant the privilege where it rests
at present. Employers fear that compulsory preference would be
used to create a labor monopoly, and that, if this fear should prove
justified, there would be no appeal in equity, as at present, from the
ironclad provisions o f a statute. Some think that compulsory pref
erence might make labor dictators o f the union secretaries, who would
control the distribution o f employment to their supporters. Other
elements of the community look with distrust upon the proposed
change for a variety o f reasons. In May, 1903, the Canterbury Farm
ers’ Union passed the following resolution: “ In the opinion o f this
conference, compulsory preference to unionists and other excessive
demands o f the trade unions will adversely affect all classes of the
farming community alike, and should be opposed by the Farmers’
Union as having a tendency to accentuate the unemployed difficulty,
to increase the charitable aid tax, and be detrimental to the industrial
interests o f the colony.”
Chambers o f commerce have passed unanimous resolutions against
the proposed enactment, and the resolution just quoted is not the only
formal expression o f opposition that has come from the farming com
munity. Some labor leaders oppose making compulsory preference a
part o f the arbitration act. One prominent labor member o f parlia
ment said in conversation: “ A compulsory unionist is no good to any
body. Preferred unions can’t guarantee the competency of their
members under the limitations such a law would impose. The fairest
way is to let the court, as at present, prefer unionists where a major
ity o f employees are union men.”
On the other hand, the union men claim that they have all the
trouble, expense, and odium o f obtaining awards and enforcing
breaches, only to prejudice their own favor with employers in com
parison with the men who stand by inactive and reap the benefits o f
the union’s sacrifices. They state that to leave the matter o f prefer
ence uncontrolled by statute is in many instances practically to grant
preference to nonunionists. As they can not strike to unionize an
industry, the leaders are obliged to see unions dwindle away and per
ish as soon as an award is obtained, especially if it be unfavorable,
with no recourse but to reorganize and go all over the ground o f
retraining their men and bringing them into line again when a new
award is to be secured. They also argue that where preference has
been granted it has worked no exceptional hardship upon employers,
and that therefore it would not work such hardships if universal.
1224
B U L L E T IN
OF
THE
BUREAU
OF
LABOR.
As expressed by persons favorable or at least not actively hostile
to preference, these opinions are brought forward with different
emphasis. A secretary of a trades and labor council said: “ O f about
140 painters in this city, all but two foremen are unionists. When a
nonunionist drifts into town and applies to an einpflfcyer fo r a job, he
sends him up here to register as a member of the union rather than
take the trouble to see if there are any names on the employment
book. Now that the bosses are used to it, they don’t object to prefer
ence. I favor making preference compulsory because only unions
can make use o f the act. But it may result in forcing unions to
admit incompetent men. Nonunionists are not so on principle, but
from lack o f moral courage. I f nonunionists are so from principle
and so much in love with their employers, their admission to the
unions will help the employers; for they are often a majority o f
the men in a trade. W ithout preference, where the unionists are in
the minority they may fail to represent the true sentiment of the
employees in an industry, and so use the act to a bad purpose. If all
the conservatives are outside the union ranks it’s a bad thing for the
masters. When we get a poor award it often kills a union, as in case
of builders’ laborers here, who were awarded only $1.70 a day when
they had been getting $1.95 in many instances.” A union secretary:
“ I say let all the employees be compelled to join and bear their share
o f the burden of enforcing the act if they are going to get the benefit
o f it, and then let the fittest survive when it comes to getting em ploy
ment.” A union secretary: “ Preference to unionists by an amend
ment to the act is only a way o f taxing every workman fairly for the
benefits he gets from the act. With the restrictions parliament would
put in, allowing any man to join, it would be only an indirect tax—
the union fees— to be used fo r running the act.” The president o f a
trades and labor council: “ W e know o f specific cases where union men
have been dismissed without other cause than their being unionists.
The secretary o f the trades and labor council here was so dismissed.
He was a bootmaker and had been working fo r the firm fourteen years.
A fter our tailor award a man who had been active in getting it,
and had been with his master five years, was given the sack. The
same thing happened to all the fellmongers after their award. It’s
not compulsory preference to unionists, but compulsory unionism that
we want; first, so the cost o f getting awards may be equally distrib
uted among all the beneficiaries o f the awards; second, so nonunionists
may be equally liable with unionists for breach; third, so employers
can’ t gives preference to nonunionists. The court gives preference to
unions having a majority o f employees in their ranks. But those are
just the unions that don’t need preference.” A union secretary: u W e
don’t object to the conditions o f preference made by the court. They
don’t affect the discipline o f the unions. In the furniture trade the
LABOR
C O N D IT IO N S
IN
NEW
ZEALAN D.
1225
union had 35 members before the award granting preference was
made, and the number rose soon afterwards to 150. There is real
preference to nonunionists unless preference is given to unionists.
The law would not harm fair employers. The unions discipline their
own men, and will prosecute their own members if they violate an
award, in order to protect the union’s funds. For example, here is a
copy o f a letter sent the other day to a member of our own union, a
man employed by * * *, notifying him to stop violating the
award by working elsewhere after his hours for his employer are
over, or the union will prosecute him for breach.” A labor member
o f parliament: “ One o f our furniture manufacturers has spoken pub
licly in favor o f compulsory preference to unionists. Preference
awards have not created discord in unions by bringing in inharmoni
ous elements. All the plumbers and gas fitters in the city are now
members, and no trouble has resulted. W here there is no preference
amion leaders have been quietly discharged and real preference given
to nonmembers. Even under preference awards some employers dis
criminate against unionists by saying that the nonunion man is the
best workman o f the whole lot.” A labor member of parliament:
“ Another argument in favor o f compulsory preference is that it would
prevent connivance o f some workmen with their masters to break the
awards.” A labor member o f parliament, not previously quoted,
argued in a recent address: “ A t present the arbitration court could
deal with only a small portion o f the workmen in a trade and was not
in possession o f information as to the number of men affected by an
award. I f legislation made it compulsory fo r every workingman to
belong to a union, the court would be in a position to obtain this
information, and employers would no longer have to face the question
o f unionist and nonunionist. It would increase the employers’ right
and liberty to select men from the whole range o f men available.”
Some o f the employers are not wholly opposed to compulsory pref
erence. One very large employer said: “ Preference to unions will
not be so bad if freedom to join unions is sufficiently guaranteed by
the act.” Another large employer: “ I see no harm in compulsory
preference to unionists, if coupled with a qualifying clause that will
prevent the unions from creating a labor monopoly. It’s fairer, if
any employers are to be subject to preference restrictions, to have all
employers in the same condition. W e benefit in the long run by any
act that increases the purchasing power o f the community.”
An employers’ representative unconsciously advanced arguments in
favor o f preference in criticising the arbitration act: “ Two things
that employers want are that the action o f a majority in a trade shall
be necessary to bring a dispute before the court and, also, that so long
as an award is in force the law shall compel the existence o f some
responsible body to answer for breaches. A s matters now stand a
union can dissolve, but the award still stands and binds employers.”
1226
BULLETIN OF THE BUBEAU OF LABOtL
Although the law expressly encourages workers to organize, the
unions have not yet enrolled a large proportion o f the wage-earners in
the industries to which the awards apply at present. In the classes of
operations that have so far come under the operation o f the arbitration
law— that is, in industrial, commercial, and mining pursuits— there
were 132,895 employees in 1901, according to the returns o f the census.
Less than one-sixth that many are reported as belonging to the indus
trial unions, if we exclude 2,602 government railway employees not
wholly under the jurisdiction o f the act. But the growth in the num
ber of organized workers has been constant and fairly rapid since the
act was first called into use. The follow ing table, compiled from data
contained in the returns o f the unions laid before parliament by the
registrar o f friendly societies, shows the number of employers and
employees, including railway employees, respectively organized under
the act on January 1 o f the years indicated:
MEMBERSHIP OF EMPLOYERS’ AND EMPLOYEES’ UNIONS, 1896 TO 1902.
Employers.
Year.
Unions.
1896..........................................................................................
1898..........................................................................................
1900..........................................................................................
1902..........................................................................................
a Shareholders
Employees.
Member
ship.
Unions.
16
849
a 11,686
1,824
75
103
133
219
1
12
33
68
Member*
ship.
8,230
12,516
14,481
23,768
in companies included.
The large increase since 1900 is due partly to the extension of the
jurisdiction by the amended definition o f “ workers55 in the 1901
amendment. During the years covered by these returns 43 unions
were dropped from the registrar’s rolls, 26 by voluntary cancellation
and 17 by allowing their registration to lapse. The shortest period
any o f these unions had been in existence was 4£ months, and the
longest period 7 i years.
Passing from the whole question o f compulsory preference to union
ists, which, it has been shown, arose originally through an interpreta
tion by the court o f its own jurisdiction— an interpretation confirmed
later by the supreme court o f the colony— there remains a single clause
o f the paragraphs giving statutory enumeration o f matters under the
jurisdiction o f the court which is yet to be considered. This reads as
follows: u(f) A ny established custom or usage o f any industry, either
generally or in the particular district affected.”
This paragraph can evidently be invoked, like the public-welfare
clause o f the American Constitution, to justify almost any regulation o f
an industry; for it can be employed to prohibit or to fix irrevocably
during the currency o f an award almost any custom or rule that has been
introduced by an employer prior to the bringing o f the dispute before
the court. And the court evidently interprets the clause^ as read with
LABOB CONDITIONS IN NEW ZEALAND.
1227
the previous clauses already reviewed, to this effect. Such jurisdic
tion is implied in the Thames gold miners’ award of 1901, where the
judge remarks: “ This court is not justified in making a radical change
in the manner in which employers may conduct their businesses, unless
the party desiring that change proves by preponderating evidence that
it is necessary in the interests of justice and fair and equitable to make
such a change.” This was said in reference to the regulation of con
tracts. In the same award the “ monthly-take” system, by which the
manager fixes the price o f a certain class o f work, which is let to the
miner under penalty to complete it, is forbidden. Under this clause,
also, the court sometimes requires that a week’s notice of dismissal or
of cessation o f work on the part o f the employee shall be given.
R E M A R K S UPON TH E A R B IT R A T IO N ACT.
The facts already brought forward are sufficient to show that the
industrial conciliation and arbitration act o f New Zealand has proved
in operation an exceedingly powerful and comprehensive instrument
for submitting private industry to public regulation and control.
That in this respect the law has passed far beyond the original intent
and anticipation o f its founders is hardly to be questioned. Whether
there has been a pari passu development o f public opinion in favor of
State regulation o f industries is very doubtful. But unless there had
been good points in the law that helped to reconcile people to the
novel restrictions it imposed it could not have been retained upon the
statute books o f the colony, and certainly could not have passed
through the series o f amendments and litigation and criticism to which
it has been subjected without having its integrity and the powers o f
the tribunal it created seriously impaired.
Considering, first, the respects in which it is commonly admitted that
the act has met the purpose for which it was designed, and where
there is general agreement that its influence has been beneficial, we
come immediately to the question o f strikes. W hile it is neither can
did nor literally true to call New Zealand a land without strikes, no
serious labor disturbances o f this character have arisen since the arbi
tration law went into effect. There is nothing compulsory in the
application o f the law. I f the employers and employees in any occu
pation or industry want to keep free from its provisions and settle
their difficulties in the old manner, they are at liberty to do so.
Neither party can prevent the other from invoking the intervention of
the act if he so desires, but where there is an agreement on both sides
o f a labor controversy, in an industry not already under an award, to
settle differences o f opinion as to wages or other labor conditions by a
strike or lockout, the parties are perfectly within their present legal
rights in New Zealand in adopting these measures. Moreover, unless
some o f the workers or employers in an occupation are organized
1228
B U L L E T IN
OF
THE
BUREAU
OF
LABOR.
under the act they have no means o f setting the arbitration law in
motion in case o f a dispute, nor do they come under the jurisdiction
and penalties o f the act in any way. The following strikes are men
tioned in the New South Wales report upon the working o f the arbi
tration law in New Zealand as having occurred from the time the law
went into operation until 1901: “ The iron founders at Cable’s, W el
lington; the bricklayers’ strike at the parliament buildings, W ellington;
the gold miners at R eef ton; the ballast hands on the Grey-Hokitika
Railway; the coal truckers, Denniston; the gold miners, Golden
Blocks and Taitapu mine, and the bricklayers at Auckland.” The
Denniston strike caused a loss to the company of about $10,000.
There have been some smaller difficulties since, hardly deserving to be
enumerated as strikes. Some ballast hands upon a government rail
way became dissatisfied and left their work. The firemen upon a local
steamer quit work because o f some difficulty about the cook. The
true statement o f the case is that, while there have been difficulties o f
this character, they have been as a rule exceedingly unimportant; they
have not occurred among workers directly subject to the act, and with
the extension o f the jurisdiction o f the court through amendments to
the law to cover allied industries and the increasing number o f awards
and the growth o f organization among the workers, such troubles as
have occurred are becoming more and more rare.
But all this must be qualified for an American by the consideration
that the relations o f employers and employees were nominally harmo
nious in New Zealand prior to the act; that the industries in the col
ony are on a small scale; that the conditions o f a great manufacturing
or commercial center or o f an extensive mining region are nowhere
to be found. The arbitration *court held its first sittings in 1896.
During the previous two years, when there was no strike prevention,
the only strikes reported to have occurred in the colony by the labor
department were o f but trifling importance. In 1894 there were two
small shearers’ strikes over questions o f wet sheep, food, and sleeping
accommodations, one o f which involved 28 men and the other an
unspecified but presumably smaller number, and a short local strike in
the shoe trade, said to have been easily adjusted. In 1895 there were
only two small shearers’ strikes, involving a single employer in each
case reported. In other words, the difficulties during these two years—
the only years when strikes were recorded by the labor department—
were not essentially more numerous or important than those that have
occurred during the years since the act has been in force; and all but
one o f them occurred in a rural industry which, except in a single
district o f the eight in the colony, is not even at present under an
award. O f course, there has been rapid industrial development in the
colony since that time, and the probability that strikes might occur
under the free-fight system is greater to-day than it was eight years
LABOB CONDITIONS IN NEW ZEALAND.
1229
ago. But still these facts afford an important side light upon the con
ditions under which the law was enacted and went into operation.
Union officials in most parts o f the colony are still o f the opinion
that there is nothing in the arbitration act to prevent their striking
after an award has once gone into effect. A t a meeting o f the W el
lington Builders and Contractors’ Association, last January, a member
reported that his men had demanded 4 cents an hour above the mini
mum wages set in the award, under threat o f a strike, and that they had
received legal advice to the effect that they could strike under the act.
Two union officers in Wellington confirmed this statement as to the
legal advice received. The secretary o f an employers’ association also
took the view that the men could strike under the awards if so disposed.
The question is important- now simply as showing that the men did not
utilize a right which they believed themselves to possess, although
dissatisfied, as they often were, with the terms granted them in the
court’s decisions. In remarks made during the Auckland furniture
award breach case, in April, 1903, the court stated that if a strike
were brought into operation by a union during the currency o f an
award the court had power to punish the men; an individual could
leave his work, but if the union called out the whole body o f men that
would constitute a breach o f an award, and as such would be punished
by the court.
The provisions o f the act, as amended in 1901, touching upon this
point are as follows: “ Until the dispute has been finalty disposed o f
by the board or the court neither the parties to the dispute nor the
workers affected by the dispute shall, on account o f the dispute, do or
be concerned in doing, directly or indirectly, anything in the nature
o f a strike or lockout, or o f a suspension or discontinuance o f employ
ment or work, but the relationship o f employer and employed shall
continue uninterrupted by the dispute or anything arising out o f the
dispute or anything preliminary to the reference o f the dispute and
connected therewith. * * * The dismissal of any worker or the
discontinuance o f work by any worker pending the final disposition o f
an industrial dispute shall be deemed to be a default under this section,
unless the party charged with such default satisfies the court that such
dismissal or discontinuance was not on account o f the dispute.”
The provisions for the protection o f workers in their employment
and for the prevention of anything savoring of a lockout would
appear to be equally stringent with the provisions for the prevention
o f strikes. But there has recently occurred, by the Auckland fu r
niture manufacturers, what workers interpret to be a breach o f the
spirit o f these sections o f the act. The case was probably exploited
beyond its merits, but the legal points brought out and the facts of
the alleged breach are as follows: The clauses o f the statute quoted
150—No. 49—03---- 7
1230
BULLETIN OF THE BUEEAU OF LABOE.
above forbid strikes and lockouts, or acts entered into by employers
or employees with the spirit o f strikes or lockouts, pending the deci
sion o f a dispute. The provisions do not specifically apply to the
actions o f either party subsequent to the rendering o f a decision by
the court. It was upon this ground, probably, that unionists were
legally advised that they could strike under the act.
But the period during which the provisions just quoted apply
is limited, and these provisions are enforced by a specific penalty,
because until an award exists there can be no breach of an award,
the orders o f the court are not violated, and no action o f either party
not prescribed or prohibited by the act itself comes within the vision
o f the court. But as soon as an award has been given the court has
authority to fix and enforce penalties for a violation o f the award,
and may define what shall constitute such violation, as part o f its
ordinary jurisdiction. This is provided fo r in the act, as follows:
“ The court in its award, or by order made on the application of any
o f the parties at any time whilst the award is in force, may fix and
determine what shall constitute a breach o f the award, and what sum,
not exceeding £500 [$2,433], shall be the maximum penalty payable
by any party in respect o f any breach.”
Evidently this section is to be read with the previous sections
quoted, as providing even more fully than would be possible by stat
utory definition for the observance of the spirit o f the awards,
including the general continuance o f employment under their pro
visions.
In February, 1903, the court made a new award in the Auckland
furniture trades, by which the highest minimum wage was raised
to 30 cents an hour. O f the 250 men engaged in this trade in
Auckland about 175 were employed by two manufacturers. When
the new award went into effect these two firms discharged some 17
men fo r the alleged reason that they were unable to earn the minimum
wage under the new schedule prescribed by the court, but offering to
employ them at a lower wage if they were able to obtain slow-worker
permits from their union. The unionists interpreted this to be in
contravention to the award, and upon their representation the em ploy
ers in question were prosecuted for breach by the department o f labor
o f the colony. The court decided upon the evidence adduced that the
dismissal or suspension o f the 17 men in question could “ in no rea
sonable sense be called a lockout or be held to be in contravention of
«the award.”
"A s this case was the subject o f extensive comment, both in the col
ony and in England, as involving a vital test o f the efficacy o f the act
to prevent indirect recourse to the measures it was intended to obvi
ate, the following extract from the remarks o f the judge upon the
decision is o f interest: “ I entirely disagree with the suggestion made
LABOR CONDITIONS IN NEW ZEALAND.
1231
by the counsel for the applicants that in these proceedings the efficacy
o f the industrial conciliation and arbitration act is on its trial, or that
an adverse decision to the applicants emasculates the court’s award
and destroys the efficiency o f our present system of labor disputes.
I entertain no doubt as to the power and jurisdiction o f the court to
effectively enforce its awards and to carry out in all matters within its
jurisdiction the true intent, meaning, and spirit of the statute.” It is
understood, however, that the ministry intends to introduce an amend
ment to the law the present session which will prevent the recurrence
o f cases similar to the one in Auckland. The whole question may well
be concluded with a quotation from a source that, though not judicial,
merits a high degree o f consideration. The Otago Times says edito
rially in connection with the case just mentioned: “ As a matter of
fact an employer is at perfect liberty under the law to dismiss as many
workmen as he choose after an award has come into operation. * * *
It is no part o f the policy o f the law that an employer should be com
pelled to employ any o f his servants.”
A second desirable result that the act is generally conceded to have
accomplished is the prevention o f sweating and undercutting by a few
unscrupulous employers, to the detriment o f the trade and the preju
dice o f the fair-minded majority who are content to conduct their
busiuess with reasonable regard for the welfare of their employees.
The chairman of one o f the conciliation boards, himself an attorney
and in no way specially identified with the workingmen, said: “ It
was a common experience to have fair employers encourage suits in
order to prevent undercutting in wages.” A factory inspector said:
“ Most o f the complaints o f breaches o f the acts and o f the arbitration
awards come from the employers themselves, who want their compet
itors prohibited from unfair competition.” Specific instances were
mentioned by workingmen where they had been asked by employers
to bring suits under the act in order to establish fair and uniform con
ditions o f wages in an industry.
This question is closely connected with the question of colonial
awards, or, to put it still more comprehensively, o f the territorial
extent o f an award or the particular employers to which an award
shall apply. The cost o f living and the conditions o f production differ
considerably even in a small country like New Zealand, and these facts
have to be taken into consideration by the court in adjusting the
wages and other conditions o f labor established by the court to any
particular locality. The question is a vexing one, and one that would
make itself still more prominently felt in a large country, with a great
diversity o f climate and industrial conditions, like the United States.
The unions in a low-wage locality always want their minimum raised
to be as high as that o f any other district. Indeed, the union repre
sentatives keep a sharp outlook even on conditions in other countries,
1232
BULLETIN OF THE BUREAU OF LABOR.
and if they discover that linotype operators, for instance, are receiv
ing higher wages than they are, in an agreement assented to by
employers in Chicago, that fact is made an important point in their
contention fo r higher wages before the New Zealand tribunal. But
if this claim fo r uniform treatment is put forward by the workers, it
is still more insistently advanced by employers when it comes to the
question o f competition within the colony. Recentty the Otago flour
mill workers put in a petition for a reduction o f hours o f labor from
12 to 8 hours a day. The employers said: u W e are prepared to grant
your request provided you will secure some action enforcing the same
hours in mills in the Canterbury district.”
But the Canterbury
employees may be satisfied not to raise the question at present; or
they may be working under an award that settles conditions in their
occupation for two years to come.
It is with these conditions in mind that the act provides that the
court shall have power, where the products o f a trade or manufacture
enter into competition with those o f other districts than the one in
which they are produced, and a majority o f employers and workers
o f the colony engaged in the industry are under awards, to extend an
award to any portion of the colony. But where any o f the parties
which would come under the award if so extended object to such
action, the court must sit and hear such objections in the district from
which the protest comes.
Auckland, in the northern and warmer end of the colony, enjoys a
milder climate and advantages in the way o f lower cost o f living not
shared by the southern cities of New Zealand, and as a consequence of
this fact, and partly perhaps from old usage, wages have been lower
in that district than elsewhere. Furthermore, in certain manufac
tures, notably in garment making, the employers o f that city seem to
possess certain advantages in the way o f more extensive or effective
use o f machinery, more systematic division o f labor, and otherwise
cheaper processes o f production, that enable them to pay their
employees a lower piece-work rate than is paid in the southern part
o f the colony, and at the same time make it possible for these
employees to earn as high or even higher wages than those in the
competing cities. So the Auckland goods are sold successfully in the
southern provinces, depriving the manufacturers o f that vicinity o f
what they consider their natural trade, and there is an inevitable ten
dency to center industry at a single point o f favorable production.
This is strenuously opposed by the merchants and manufacturers of
the cities thus losing business. So a division o f interests, not between
employers and employees, but between a body o f employers and
employees and another body o f the same character, is created, which
it is proposed to remedy through the intervention o f the arbitration
act. The case has recently come up in an application from the feder
LABOR CONDITIONS IN NEW ZEALAND.
1283
afced unions o f clothing manufacturers and of clothing-making em
ployees o f Dunedin, Christchurch, and Wellington, in alliance as
plaintiffs, to have the uniform award in force in the three cities men
tioned extended to Auckland workers. Employers and workers in
Auckland were united in resisting the extension proposed, being
already under a voluntary agreement, and recently secured a decision
favorable to their objections from the court, which prevented the
southern award from being extended to their district.
No agreement appears in the testimony as to the effect o f the act
upon the efficiency o f the workers under its jurisdiction. As a rule,
employers complain that their men do not work as well under the
minimum wage as they did previously; in fact, this was practically the
unanimous testimony, even o f those employers who were friendly to
the law and had no desire, on account o f other more potent considera
tions, to see it repealed. It is rather significant, in a country where
the government is the largest single employer of labor, that “ ca’
canny” or “ go easy” — or intentionally soldiering on a job— is almost
universally known, both among workmen and employers, as “ the
government stroke.” Mechanics in the United States probably work
harder and more intensely from habit and o f their own volition than
the same class o f workmen in New Zealand. But in the latter country
leisure is more or less the manner o f life o f the whole community.
On the busiest city streets nobody seems to be going anywhere; and
one finds himself unconsciously wondering why the engine had slowed
down when he enters a manufacturing establishment. Nevertheless
New Zealand, taking country and town together, produces a large
amount o f wealth each 3rear, and it is but justice to say that it is upon
the whole a more than usually industrious country. An outsider can
not compare present with past conditions. Nor is it exactly fair to
scale the New Zealand workman by his cousin in America, and then
attribute all the differences to the arbitration law. The New Zea
lander has inherited, with unessential modifications, the British trade
traditions. No foreign competition in his own ranks has stimulated
him to special endeavor, nor has he been subject to any o f the other
incentives to rapid work that are common in America. Temperament
ally he is a different man from our countrymen. In the sole instance
where relative amount o f work could be easily computed (in bricklay
ing) it appeared from information received in three cities that the New
Zealand workman did about 30 per cent less work in an 8-hour day
than a first-class United States workman in a 9-hour day. (a) American
shoe-factory operatives produce more than double as much as those of
« A Canadian engineer, representing an American firm installing a new electric
traction plant in Auckland, thought any difference in work done in building trades
was the fault of poor supervision; that with picked men he could do as much in New
Zealand as in America.
1234
BULLETIN OP THE BTTKEAlf OP LABOR.
New Zealand in the same time; but this may be explained by different
machinery and administration— at least in part. A manufacturing
employer said: “ Even though our wages are relatively lower than
yours in America, the labor cost o f production is much higher in our
business than it is in places I have visited in the States.” Another
large employer said: “ There is not the same desire to give satis
faction as form erly, and the men are not so hard working.” A
workingman superintendent supported the same opinion. In smaller
establishments this complaint was not so frequently made. A coachbuilder said: “ W e don’t hustle, and I’ve seen them hustle men in
Brooklyn; but when we work with our men they do a fair day’s job .”
An employing printer said: “ I work with my men and we do about
the same work that we always did. I see no bad effect from the act in
the way o f limiting production in my business.” On the other hand,
a labor member o f parliament said: “ Yes, we have the ‘ government
stroke’ now. It’s like limiting apprentices, one of the troubles that
will turn up.”
W orkingmen always compare conditions in the colony with those
in England. The president o f a trades and labor council said: “ One
of our cabinetmakers went home to work at his trade, and after a
time came back to New Zealand. He claimed we do as much in 8
hours as they do in 10£ over there.” A union secretary in another
city stated: “ W e don’t advocate restricting output by order o f the
unions, and I don’t believe in it myself. W orkingmen coming here
from home say we work harder than they do in England. I ’ve heard
that said a number o f times.” A factory inspector stated: “ There is
no ‘ government stroke,’ as we call it here, in the trades that I know
about. Masters have told me that the act had raised the grade o f
their men, and made them discharge poor ones. I think the average
turn out is better than it was fo r that reason. The poor men go on
the public works.”
Leaving the question o f comparison with other countries and with
conditions previous to the act aside, there is pretty definite evidence
to the effect that the government stroke does exist at times in certain
industries, and that it is occasionally encouraged or suggested by con
ditions created through the awards. In testimony before the court a
boot manufacturer, later quoted as favorable to the arbitration law,
gave the follow ing evidence: “ A man about whose work witness had
complained had replied that he would be a fool if he put through more
than 6 pairs o f boots an hour. He admitted that he could do 14 pairs
an hour.” A builder and contractor said: “ In covering and pointing
my men lay from 350 to 400 brick a day. They ought to do 1,000.”
Another employer: “ In one o f the mines the men have averaged 40
sacks a day on time wages, and often 100 sacks in the same hours
when they have a contract.”
An employer favorable to the act:
LABOR CONDITIONS IN NEW ZEALAND.
1235
The one chief evil is the restriction of output. W e have had an
employee in our furniture factory confess, when remonstrated with
for slow work, that he was limiting his output by order o f the union.1’
A publisher: “ There was restriction o f output in all time-wage offices
after the linotype award, in order to force offices into paying on a
piecework basis. The Star in Dunedin, Press and Times in Christ
church, and Post in Wellington suffered in this way to my knowledge.
In reply to remonstrances the men said they were giving the piece
work equivalent o f their wages.” This statement was further
confirmed by the publisher o f one o f the papers mentioned. The
president o f an employers’ association said: “ A sailmaker of my
acquaintance changed his men from piecework to time wages when
an award came in in order to save himself on some contracts he had
made. He found the foreman timing off the men, so they wouldn’t
make more articles for their money than when on piecework rates.”
In the last two cases mentioned the workmen had a special grievance
which they wished to remedy. The linotype award was unsatisfactory
to the men, and fixed a minimum wage lower than some employers
voluntarily paid, while in the second instance the chango from piece
work to time wages evidently would cause special friction. But the
fact remains that in the government stroke the workers have a means
o f defeating the award to some extent when it does not meet what
they consider their just expectations.
It would seem to an observer coming from outside the colony that
the effect o f the arbitration law upon industrial development and
general business prosperity had been very greatly exaggerated by
both its advocates and its opponents. There is no more occasion to
attribute the expanding commerce and manufactures o f the colony to
labor legislation than there is to ascribe the rise and fall o f the tides
on our Atlantic coast to the river and harbor bill. As already indi
cated, the colony has enjoyed prosperity while there was calamity in
other countries. A general rise in the price o f farm and ranch com
modities, the South African war, and the protracted Australian
drought have created a ready and profitable demand for products
that perfected methods o f storage and facilities for transportation
have recently enabled the colony to place in distant markets. On
the other hand, there is no evidence to show that the labor laws o f
New Zealand have seriously hampered industry as a whole, or have
prevented the investment o f capital sufficient to maintain her indus
trial growth, even during the period o f abnormal expansion that
has just preceded. In Invercargill, Dunedin, W ellington, Napier,
and Auckland woolen mills and factories were either in process
o f erection or extension, or such improvements were reported
fully matured, while this report was being prepared. The building
trades in all these towns (excepting Napier, which was not visited),
1286
BULLETIN OF THE BUKEAtJ OF LABOR.
aud in Christchurch were personally observed to be active, and were
said by residents to be in an unusually prosperous condition. A brisk
demand fo r real estate existed. It is not to be understood that there
was anything that would impress an American as a boom; but good
healthy business activity was almost universally observed and reported
throughout the colony.
Some financial companies have withdrawn from New Zealand since
1888, but there appears to have been no connection between their
action and the labor legislation o f the colony. In fact two had practi
cally ceased operations before the arbitration law went into effect.
There is no evidence to prove that the general flow o f capital to and
from the colony has been materially affected by the passage o f that
act or by its subsequent operation.
On the other hand there are probably special instances where
investors have hesitated to put money into enterprises and where new
undertakings have been discouraged by the fear that they might be
hampered by the regulations o f the court. A stock broker said he
knew o f several specific cases where capital had not gone into indus
trial enterprises on account o f the act. A local capitalist said that
he had considered starting a sawmill, but had not done so because o f
the award. A hosiery manufacturer was reported to have canceled an
order for new machinery and reduced the number of his hands on
account o f coming under an award schedule. But cases of this sort
reported were not numerous nor important, and they were greatly
outweighed by the instances whei’e new factories had been started
and old ones extended since arbitration had been legally enforced.
When manufacturing and importing are done by the same firm,
however, which is very common in New Zealand, the influence of the
act has been to favor importing at the expense o f home manufactur
ing, because o f the greater stability o f conditions prevailing in the
importing business and the time and trouble involved on the part of
manufacturing employers in defending their position before arbitra
tion tribunals. A n employer in the Middle Island said: “ The effect of
the act had been to lessen manufacturing at the expense o f importing
when a firm conducts both forms o f business. X (referring to one o f
the largest mercantile firms in the city) had recently started a furni
ture factory when the hands applied fo r an award. Some o f the union
officers were among their employees. They closed their factory and
now import exclusively.*" In evidence given before the court by a
large manufacturing boot house, it is stated: “ In our own factory we
are employing to-day probably not within 30 bench men of what we
had a few years ago, and yet our trade is larger, and it is because we
are compelled by the position o f competition to import a great portion
o f our wares instead o f manufacturing them in our factory. That is
a very unsatisfactory thing fo r us. W e have a well-equipped factory
LABOR CONDITIONS IN NEW ZEALAND.
1237
with all the latest machinery, and we have not- been able to use these
machines as our judgment would direct us so as to give best results.
W e have been compelled to adopt methods which we know are incon
sistent with the proper development o f our trade/' This same manu
facturer stated to the writer o f this report: “ The act has interfered
with the development o f boot manufacturing in this colony.’' Another
manufacturer in the same industry said: “ The act has checked prog
ress in our industry and lessened our manufactures.” A comparison
o f the New Zealand census statistics of this industry for the year end
ing March 31,1901, with the figures in the report of the Massachusetts
bureau o f labor for 1900 show the following:
COMPARATIVE STATISTICS OF BOOT AND SHOE MANUFACTURING, NEW ZEALAND AND
MASSACHUSETTS.
Items.
Number of employees.................................................................................
Average annual earnings..........................................................................
Total value of product................................................................................
Product per employee.................................................................................
New Zealand, Massachusetts,
year ending
March 31,1901.
2,696
$347.37
$2,575,614.59
$955.35
59,288
$463.44
$129,189,130.00
$2,179.00
W hile the earnings o f the Massachusetts operative are 33.4 per cent
higher than those o f the New Zealand operative, and his hours of
labor 15 per cent to 20 per cent longer, his annual product is about
126 per cent greater than that of the latter. The statistics o f the rela
tive growth o f the import trade in boots and shoes and the condition
o f manufacturing in the same industry bear out the statement as to the
depressed condition o f the trade in the colony. The number o f boot
manufacturing operatives employed in 1896 and in 1901, respectively,
according to the reports o f the labor department, which cover small shops
and repairers not included in the census statistics, was 3,012 and 3,150,
an increase of but 138 in five years. Meantime the value o f importa
tions, most of which were under an ad valorem tariff of 22£ per cent,
has increased from about $623,000 to nearly $1,028,000, or about 65
per cent. Doubtless this is due in part to the more active competition
o f foreign manufacturers, and especially to the aggressive pushing o f
American goods in the colonial markets; but the manufacturers’ state
ments to the effect that the arbitration act has been contributory to
the relative decline o f their business must be accepted as presumably
correct.
A manufacturer said in regard to the industiy in which he was
engaged: “ Agricultural implement manufactures have remained sta
tionary since the passing o f the act, though they were growing rap
idly before that law was passed. Imports o f machinery have mean
while increased greatly.” There is no tariff upon these goods, and
their classification in the import statistics is such as to make compar
ative figures a trifle uncertain. So far as the domestic side o f the
1238
BULLETIN OF THE BUREAU OE LABOR.
industry is concerned, however, figures show that between 1896 and
1901 the number o f hands employed increased but 5— from 581 to
586, the capital invested decreased over $18,000, the plants decreased
from 34 to 33; but wages increased about $45,500. The value o f the
products, including repairs, increased from about $497,000 to a little
over $672,000. Taking the principal manufacturing industries o f the
colony, the census statistics show a slight increase in the industry
product—the difference between the value o f the manufactured product
and the raw materials used— fo r each operative employed, and also an
increase in the proportion o f the industrial product which he received
as wages during the last six years. The figures are as follows:
ANNUAL EARNINGS AND INDUSTRY PRODUCT PER OPERATIVE FOR PRINCIPAL INDUS
TRIES, 1896 AND 1901.
Year ending March 31—
1896.........................................................................................................
1901.........................................................................................................
cent of
Industry Per
Annual
industry
earnings
product
product
per opera per opera taken for
tive.
tive.
wages.
$338.94
361.38
$1,113.01
1,136.14
30.5
31.8
The including o f the frozen-meat industry, where the number of
employees is small and the industry product over 13 times the value
of the raw materials used, according to the statistics o f 1901, makes
these figures useless for comparison with those o f other countries.
This explains the low proportion that wages bear to the total industry
product. It is apparent, however, that wages have increased in a
much faster ratio than the industry product per operative. Deducting
the meat-freezing industry from the New Zealand statistics, and com
paring with the manufacturing statistics o f Massachusetts and Ohio
for the year 1900, the following table results:
ANNUAL EARNINGS AND INDUSTRY PRODUCT PER OPERATIVE IN PRINCIPAL INDUS
TRIES, NEW ZEALAND, MASSACHUSETTS, AND OHIO.
[Figures for New Zealand shown in this table do not include the frozen-meat industry.]
Locality.
New Zealand (year ending March 31,1901).....................................
Massachusetts (1900)...........................................................................
Ohio (1900)............................................................................................
cent of
Industry Per
Annual
industry
earnings
product
product
per opera per opera taken
for
tive.
tive.
wages.
$357.10
439.57
447.02 |
$772.78
903.37
975.31
46.2
48.7
45.8
It is dangerous to make final deductions from statistics gathered
under such different conditions; but the figures we have show no
excessive disproportion in the labor cost o f production in New Zealand.
A number o f minor instances were reported where, after an award
had been granted, the price o f articles produced under the awards was
increased to an extent that discouraged home production. A bee-man
LABOR CONDITIONS
IN
NKW
ZEALAND.
1239
in the Middle Island now imports from the United States the pails he
uses fo r shipment o f honey, at a cost o f $1.60 per dozen, as compared
with $2.60 per dozen, which he would have to pay for those made in
the colony since the award in the tinsmiths’ trade went into effect.
The same thing- has occurred in case o f dredge-bucket pins and a
number o f minor foundry articles formerly made by common hands at
the works, but under the award made only by skilled laborers. The
specific instances to which attention was called were not important in
themselves. A ll they show is that the act is a factor in raising the
cost o f production to the manufacturer, and that this sometimes wipes
out the margin in favor o f home production.
The court takes trade conditions into account in making awards, and
it is only when inexperience with the details of a case or deficient
information as to real trade conditions leads to an error in an award,
that the judge imposes conditions that the trade can not meet. But it
is one o f the difficulties in administering such a law that such instances
o f error will occur, or that trade conditions will change during the
currency o f an award, and the manufacturer and his workmen suffer
as a consequence.
That this danger is duly realized by the court is indicated by the
remarks o f the judge upon the W ellington bookbinders’ award o f 1902:
u This work is produced in the colony at a very small margin below
what it can be imported and sold for, and we have felt that any mate
rial additional burden or restriction placed upon manufacturers here
will imperil the industry altogether, and that the effect will not be to
give more work to local journeymen at higher wages, but to compel
additional importations, and to go far to destroy an industry which
at the present time affords employment to a considerable number o f
workers who are not technically journeymen.”
This particular difficulty occurs, o f course, only where there is out
side competition. In trades that are necessarily local, like the build
ing trades, transportation industries, grocery clerks, butchers, bakers,
and the general purveyors to the daily needs o f the community, there
is not this economic restriction upon the terms that may be embodied
in the awards. The employer passes on the higher cost of production
to the consumer, who is oftentimes the very wage-earner who has
profited by the court’s decision, and this higher price of commodities
or services in common use in turn becomes an incentive to the worker
to push his claim for another increase o f wages when the next award
comes around. M oreover, while he at least temporarily profits, the
wage-earner whose occupation is such as t o limit his wages to what
the trade can stand without succumbing to foreign competition is
placed at a relative disadvantage, because his compensation is limited
by a different economic law while the price he may be forced to pay
for services and local commodities is almost unrestricted. For this
1240
BULLETIN <>E THE BUREAU
O h'
LABOR.
reason, too, one finds employers commanding a natural monopoly of
the local market much more complacent over the working of the act
than others. An employer, who is also a member o f parliament, said:
“ I don’t care how high the awards make wages so long as I can pass
them on to the purchaser. In fact, it’s an advantage to us employers,
for we figure out our profits on all the money that passes through our
hands, and bigger prices and bigger wages simply mean a bigger per
centage fo r us.” Another large employer said: “ l make more money
out o f the same number o f sales under the act than before, fo r my
profit is a fixed percentage o f the cost o f production, and as the cost o f
production rises my gains rise.” This desire o f the employer to make
a profit out o f the act sometimes leads to queer maneuvering. The
follow ing incident was related to the writer o f this report by a tradeunion officer in W ellington:
The blacksmiths and farriers o f that city formed a union and had
practically settled upon the terms o f a voluntary agreement with the
masters, all that remained to do being to sign the necessary papers
and file the instrument with the clerk o f the district. W hile this was
pending the masters sent notice to the men that they would have to
bring the matter before the court; that they— the masters— would
not make a voluntary settlement. A few days later the person who
related the incident to the writer met one o f the masters on a suburban
train and questioned him as to the employers’ sudden change o f front.
“ O h,” said the master, 6"you see, we’re willing to let the men have
what they want, but we shall have to get the matter into court to
justify us in raising prices.”
Indeed, the men frankly recognize this condition in bringing a
reference for a new award, and themselves suggest an increase in
prices to recoup the employers for the higher wages paid. In his
remarks upon the Waikato coal-miners’ award o f 1903 the judge said:
“ In consequence o f such increase [granted in the previous award] the
company raised the price o f coal. * * * The representatives o f the
union have contended that the company can again raise the price o f
coal. The representatives o f the company submit that this can not be
either fairly or safely done, and the results o f the last increase in
prices, the whole o f which has been absorbed by the increased price o f
winning the coal, have been a decreased output and reduced profits.
The increase in the cost o f living in New Zealand since the awards
began to go into effect is variously estimated at from 20 per cent to
40 per cent. A workman’s wages, as said before, will not go nearly
as far in New Zealand as tfiey will in cities and towns o f equal size in
the United States. In fact the necessaries o f life cost from 25 per
cent to 40 per cent more than in Ohio or in central California. It
probably costs more to live in Auckland, considered the cheapest o f
New Zealand cities, than it does to live in Philadelphia or Washington.
LABOR CONDITIONS IN NEW ZEALAND.
1241
A business man occupying his own six-room cottage in a suburb across
the bay from Auckland, with a wife and three small children, and
employing no servant, estimated his running household expenses at
$20 a week. It cost a family o f three adults, living in the same style
in Washington, but employing a servant at $3.50 a week and board,
and renting a seven-room house in the suburbs, upon an average $80 a
month in winter and $75 in summer for household expenses. The
rent in this case was $20 a month.
But the United States, without arbitration laws or similar regula
tion o f industries, has experienced perhaps an equal relative rise in
prices within the last eight years. Commenting upon the situation in
New Zealand the secretary for labor says in his report for 1902: “ It
was complained [before the Victorian commission] that the present
act had increased the cost o f living by raising the pay of workers;
that coal costs more on account o f miners’ high rate of wages; build
ings are more expensive because carpenters, plumbers, painters, etc.,
all have higher wages than formerly. That fact must be admitted, but
it appears to carry little disadvantage. As soon as the workman gets
his wages they are almost all distributed again directly; with high
earnings he buys more bread, beef,' been; tea, clothes, theater tickets,
excursion tickets, etc., than if he made poor earnings.’1 The question
o f just what the farmer, who alone o f the producers o f the colony
sells in a foreign market under unrestricted competition with pro
ducers whose necessary commodities and services are not supplied by
award protected wage-earners, may come in time to think o f these
rising prices, and what attitude he, with his dominant vote, may take
toward the legislation that creates these awards, is yet to be deter
mined. The New Zealand farmer is at present in a state o f high
prosperity, which he appreciates the more by contrast with the series
o f lean years that preceded; but his attitude under all conditions of
the world market is the crux o f the high price question involved in
the arbitration law’s effects.
A number o f unfortunate results which opponents claim have fo l
lowed upon the act will be suggested in the quotations from general
opinions quoted below. One or two require further special men
tion. A dispute brought before the court is by no means so serious
a matter as a strike. It does not involve a cessation of industry,
with its attendant loss of production, acute ill-feeling engendered
between employers and employees, and other economic and social
evils. But to have a case pending before an arbitration court
involves a certain amount o f expense and loss o f time upon employ
ers, and is in itself a check upon industry to the extent that it
renders uncertain the future conditions o f production. There are
single employers working under as many as four different awards.
The total effect o f having these disputes constantly pending— and with
1242
BULLETIN OF THE BUREAU OF LABOR.
the congestion of the court’s business they may hang fire a year or
more— is very similar, if not quite so disastrous, to a chronic agita
tion for the revision of the tariff in the United States. There is no
more finality in the labor situation under the existing awards than
there was when the law went into operation. Quite the reverse. The
disputes are increasing in number with the growth o f labor organiza
tion, the recent amendments to the act, and the natural extension of
the jurisdiction o f the court under the impulse of its own operation.
All the awards, agreements, and other instruments filed under the act
from May 30, 1896, when the first decisions were given, to June 30,
1901, or in a period o f five years and one month, are included in 776
pages octavo o f printing; the awards and similar documents filed dur
ing the follow ing 18 months, including possibly 40 pages of remarks
by the court not published in the previous volumes, fill 842 pages.
In other words, awards are growing both more numerous and more
complex; and this increase can hardly help but constitute an unsettled
condition unfavorable to the extension o f industries. The logical
corollary o f this expansion of court interference, moreover, is that
industrial evils have either increased under the act, or that much
readier and possibly less justifiable recourse is taken to the arbitration
tribunal by those bringing the disputes.
The latter is probably the case in many instances. Seven employees,
out o f the hundreds possibly employed in an industry, may form a
union, and a majority o f these, or four dissatisfied men, may bring
their employer into court. Nay, even more. None of these men
need be employed at the time they bring the action; for the law says:
“ W here an industrial union o f workers is party to an industrial dis
pute, the jurisdiction o f the board or court to deal with the dispute
shall not be affected by reason merely that no member o f the union is
employed by any party to the dispute, or is personally concerned in
the dispute.” This provision, which may have been intended to pre
vent an employer from dodging a dispute by closing his works before
a reference was filed, or to enable workers to get at sweaters and
undercutters not employing members o f the union, certainly places an
unwise power in the hands o f a disaffected minority o f the employees
in an industry. It is only fair to call attention to the fact that it
would be avoided were compulsory preference given to unionists, and
all employees forced to organize. But even in the large number of
trades where preference has already been given by the court, it has
not followed that the disputes were lessened. The presence o f the act
itself, with its inexpensive procedure, forms a temptation to invite its
interference.
This is a result o f the law certainly not anticipated by its projectors.
The premier himself is reported to have remarked in a public address
that the act was being “ ridden to death by the unions.” A form er
LABOR CONDITIONS IN NEW ZEALAND.
1243
labor member o f parliament said: “ They thought that when one crop
o f awards was over absolute industrial peace would reign for a num
ber o f years, until conditions changed to demand a revision. They
didn’t reckon that these disputes were going to be hardy perennials.”
W hile some o f the union officers use their powers and influence
under the act with discretion, the tendency o f these organizations
seems to be to prosecute unnecessarily for breaches, when there is
simply an unintentional or excusable violation o f some minor detail of
an award. Labor men voluntarily called attention to this danger.
The fines go to the unions, and this is another incentive to bring
unnecessary actions. To illustrate: Last year the King’s birthday
and “ show,” or provincial fair, day in Christchurch were upon M on
day and Friday o f the same week. Wednesday the butchers’ shops
have a voluntary half holiday, which was also observed this week.
Under the terms o f the award the men receive full pay for these holi
days. Some o f the employees without objection came to the shops
Friday morning to take in the meat received from the abattoirs, and
prepare it for Saturday distribution. They remained two hours to
do this, in order to relieve the press o f work the follow ing morning,
when, on account o f the Sunday trade, deliveries fo r Saturday use
had to be out o f the shops by 7 a. m. The union sued the employers
for breach and secured a conviction. In another instance in the
same city where a holiday occurred in the week the men and employ
ers worked unwittingly two and one-half hours more than the pre
scribed time fo r the week under such conditions. It was a case where'
it would take a rather bright mathematician to figure out that a breach
had occurred. The employers were later sued and convicted for this
offense. Even after they had been fined many of the employers
couldn’t see where the award had been violated, and were disputing
about it a month later. These fines ranged from $4.87 to $9.73 and
went to the unions. The costs o f the suits were over $35.
Another evil resulting from the present method o f prosecuting
breaches is suggested by the follow ing Press Association telegram
from W ellington, in June, 1903: “ A large deputation o f sawmillers
from various parts o f the colony waited upon the premier to-night
in regard to the manner in which the arbitration act was being
worked. The deputation asked that amendments should be intro
duced to prevent any official o f a union receiving anything but a
fixed salary, to prevent fines from being awarded to unions, and to
prevent the private settlement o f breaches o f awards. It was pointed
out that the secretary o f one union, who admitted receiving no salary
from the organization, had recently visited a number o f districts and
presumably collected a large sum in fines and stirred up a good deal
o f irritation. These fines went to the secretary.” One is permitted
to fancy that employers did not pay fines for which they were not
1244
BULLETIN OF THE BUBEAlf OF LABOK.
liable; but there is undoubtedly a real evil suggested in this com
munication.
The general opinion as to the value o f the act varies among different
employers and different classes o f the people. It would be wrong to
say that any one portion o f the community was entirely in accord upon
the question. Some o f the bitterest opponents are not large employ
ers, but investors, professional men, and retail merchants. So far as
the personal experience o f the writer o f this report goes, the class
most unanimously hostile to the present labor legislation is the large
farmers and pastoralists. A number o f these were interviewed in dif
ferent places, engaged in casual conversation on trains, on steamers,
and at hotels, and all expressed opinions unreservedly unfavorable to
the act. No opportunity was afforded o f gauging to an equal extent
the opinions o f smaller agriculturists, but those met by chance were
not favorable to the laws, which they seemed to consider opposed to
their own interests and as intended to favor the town at the expense o f
the country. Commercial travelers appeared to have a class prejudice
against the labor laws, and reported lack o f sympathy in the country
districts with the present legislation. On the other hand, many o f
the very largest employers and those with most experience with labor
difficulties, were generally favorable to the arbitration law, or at least
to the principle it involves. The managers o f large shipping compa
nies, a coal-mine manager, and some o f the large manufacturers belong
to this class. There has undoubtedly been a recent recrudescence of
hostility to all arbitration legislation on account of the agitation for
compulsory preference to unionists. There was no disposition any
where among the people at large to consider present legislation final or
to attribute to it the qualities o f an industrial panacea. The laboring
classes as a body are firm supporters o f the law, though in several
instances they criticise its practical working. The general opinions of
employers and employees and public officials practically familiar with
the operation o f the act are naturally the most illuminating, and are the
only ones here quoted: A woolen manufacturer, in parliamentary tes
timony: “ The Canterbury Em ployers5 Association wishes to impress
upon the government that they are in accord with the principles laid
down in the conciliation and arbitration act. There is no antagonism
now, whatever there may have been.55 A clothing manufacturer, in a
personal interview: “ Experience improves the act and the awards,
and in ten years we shall have it on a good working footing.55 Another
employer: “ The act has brought the men a larger share of the profits
of prosperity than they otherwise would have received.55 An employer
in a speech before parliament: “ So far as 1 am aware the employers
of this colony do not want the industrial conciliation and arbitration
act repealed. They recognize this: That while there may have been
mistakes in the administration, and advantage taken of some o f the
LABOR CONDITIONS IN NEW ZEALAND.
1245
provisions o f the act, yet as a method o f settling disputes it is infinitely
better than the old method o f strikes.” The secretary o f an employers5
association: “ Employers don’t object to a court’s fixing a minimum
wage and hours o f labor, but they do object to having all the details
o f their business regulated by the court.” A large employer: “ The
act prevents sweating, and so long as the men do not make manufac
turing more expensive than importing, we can pass the extra expense
on the consumer and do not complain. ” A coal-mine manager: “ I pre
fer to have the act in force in my business.” A large manufacturer:
“ It wouldn’t be wise to sweep away the act now, because it has created
a new industrial environment. But if we could have foreseen how it
would develop, we should have opposed it vigorously. Industry is
regulated in the interests o f a single class. The labor legislation has
not been any benefit to the industry o f the colony.” A publisher:
“ The principle is all right, but the whole thing should be taken out o f
politics.” A steamship corporation manager: “ I myself, and I think
employers generally, favor the act, though the awards are sometimes
unsatisfactory. But the employers are often to blame for this, in not
making a good presentation o f their case and covering all the points
with sufficient evidence. I don’t favor having attorneys, but we might
do better in some ways if we had them to even up evidence fo r us.” A
publisher: “ Employers were always friendly to the act, but the con
stant pressure and new demands o f the unions have tended to make
them hostile.” The president o f an employers’ association: “ A fter
all these criticisms, I still say that the act might be so amended as to
be a God-send to the colony.” An ironworks superintendent: “ The
act on the whole is fair and we’re satisfied with it.” A building con
tractor: “ Personally I prefer to have a free hand with my employees,
and I never had a dispute with them all the years I was in business
before the act was passed. But on the whole I think the act is all
right. It gives me more assurance o f settled conditions in the lines o f
business I depend on for supplies.” A large employer: “ Politics
interferes with the fair administration o f the act.” A woolen manu
facturer: “ W e are putting a lot more money into our business, and I
believe in the principle o f arbitration. But they are hedging us in
too much with their regulations. They go too far at present.” A
labor member o f parliament: “ I f a vote were taken among employ
ers, and the question o f compulsory preference to unionists were not
up, a majority would be for the arbitration law.” A Conservative daily
(opposed to the present ministry): “ The great majority o f people of
the colony, however, who recognize that the law has not been subject
to a crucial test, are quite content to see it maintained until they have
a chance o f judging whether under all possible conditions, and in times
o f adversity as well as in times o f prosperity, it can be depended upon
150—No. 49—03----- 8
1246
BULLETIN OF THE BUREAU OF LABOR.
to provide a satisfactory method o f adjusting labor disputes.” An
employer member o f parliament: “ M y fellow manufacturers as a rule
do not hold with me. * * * I have had a long and varied experi
ence in the employment o f labor in several manufacturing spheres,
and the conclusion I have arrived at fully coincides with the opinion
I had when we first adopted the present policy some few years ago—
that is, that great benefit has accrued to every one, employers and
employees— and that the industrial field has been very materially fer
tilized by a system which practically puts an end to strikes, and so
renders manufacturing operations much more constant and certain,
especially where contract liability is a factor in the case.”
Against these opinions, favorable or favorable with qualifications,
might be set as many more that were quite the reverse. Organiza
tions o f employers are distinctly adverse to the act, so far as their
official statements can lead one to form an opinion. Employers,
especially those in mercantile as well as in manufacturing business,
were sometimes peculiarly reticent as to their views upon the arbi
tration law until assured that what they said would be considered
confidential. In one or two cases persons visited in company with a
public official would speak favorably o f the act, and in private con
versation subsequently express quite the reverse opinion. Business
men went out o f their way in three cities to say that the publicity
given their testimony prevented employers from testifying or from
stating their views frankly before the Australian commissions sent
over to investigate the working o f the act, lest they thereby injure
their business. In looking over a number o f the original replies to
the questions sent out by the employers’ associations to their members,
asking fo r opinions upon the measure, the writer o f this report was
struck with the fact that many were marked “ private,” and that some
had even been brought in to the secretary unsigned. It is difficult to
say just what this spirit indicated as to conditions, but it was so
marked that it can not nonestly be omitted from a description o f the
testimony presented.
The questions just referred to were sent out by the employers’
associations o f the fou r principal cities o f the colony, to their members,
asking fo r opinions as to certain effects o f the arbitration act. About
30 replies were received in each city, the answers frequently being
from the secretary o f an industrial union o f employers, voicing the
opinion o f all the members o f the society, so that the actual value of
each reply varied, some representing individual and others collective
opinions. But in no instance, so far as the writer could learn, were
opinions favorable to the act indorsed by more than a single indi
vidual. Upon numerical rating, therefore, the balance of opinion
adverse to the law as it stands at present would be considerably
heavier than it appears in the table.
1247
LABOK CONDITIONS IN NEW ZEALAND.
In the tabular statement the city o f Auckland has been omitted
because exact figures could not be obtained, but the replies averaged
about the same as in other cities.
OPINIONS OF EMPLOYERS RELATIVE TO THE CONCILIATION AND ARBITRATION ACT.
Questions.
Wellington.
Christchurch.
Dunedin.
Total.
Persons replymg.
Persons replying.
Persons replying.
Persons replying.
Quali
Quali
Quali
Yes. Quali
fied. No. Yes. fied. No. Yes. fied. No. Yes. fied. No.
In your opinion was such a meas
ure required—
For the purpose of removing
any actual difficulties ex
isting .....................................
As a preventive of prospective evils not otherwise pro
vided against........................
For any other justifiable pur
pose........................................
Has the operation of the act been,
in your opinion, beneficial in—
The promotion of good feeling
between employers and em
ployed ...................................
Increasing the efficiency or
conscientiousness of work
m en........................................
Increasing the general pros
perity .....................................
In your opinion has the act been
productive of evils in—
Creating disputes between em
ployers and employees..
Causing loss or waste of time
to employers and employees
during the ‘ *hearing of such
disputes” ..............................
Causing interference with em
ployers in the control of
their business........................
Limiting the development
and lessening the opera
tions of trade and manufac
ture .....................................
Increasing the expenses of
business without increasing
the volume of profit thereof.
Discouraging or preventing
the investment of capital in
industries..............................
5
2
26
5
7
19
(a)
(a)
(a)
10
9
45
5
3
25
5
3
25
(a)
(«)
(a)
10
5
3
25
2
7
19
(«)
(a)
(«)
7
6
10
44
2
50
33
28
3
26
2
3
87
1 27
6 20
1
11
89
1
96
3
2
34
28
1
5
28
28
31
3
1
36
31
3
1
30
1 22
2 2
83
5
4
31
2 2
29
1
26
2
86
4
3
31
2 2
29
1 20
3
1
80
5
4
32
2 ....
29
1 1
23
1 ....
84
4
1
32
2
29
2
27
88
2
2
1
29
76
*
a This question was not sent out in Dunedin.
This table shows the general attitude o f employers toward the law
as it stands at present upon the statute books. The follow ing quota
tions give more specific reasons fo r this hostility:
The woolen manufacturer whose parliamentary testimony has already
been quoted as favorable to the act, said in his testimony before the
Victorian Commission in 1902: “ In the woolen mill it [the act] has
had a bad effect generally in producing strained relations. The old
friendly relationship that previously existed has ceased to exist, not
only as between operatives and employers, but between the operatives
themselves. * * * The intention o f the act has been departed
from altogether, that instead o f settling it is promoting disputes.”
The secretary o f an employers’ association, in a personal interview:
“ The act kills kindly sentiment between employers and employees.
1248
BULLETIN OF THE BUREAU OF LABOR.
Employers make no voluntary concessions now.” Another large
employer said in his testimony before the commission just mentioned:
“ W e have been in business fo r 20 years, employ between 250 and 300
hands, pay £600 ($2,920) a week in wages, and never had a word of dis
pute or complaint or unpleasantness with our workers; yet, when this
thing came in, a minority joined with the union and formulated these
ridiculous demands.” Another employer said in a personal interview:
“ W e have never had so much industrial unrest as since the passing o f
the act.” The secretary o f an employers5 association said: “ The act
stereotypes industries.” A building contractor said: “ I would repeal
or greatly m odify the act. Y ou can’t make awards flexible enough to
suit the different conditions o f production and the different capacities
o f individual workmen.” A manufacturer: “ W e could do better
without the law.” A skilled ironworks mechanic was the only work
man who spoke unreservedly against the law. He said: “ I ’ve been
here since the laws started. I don’t think much o f them. I prefer to
make my own terms with the boss and work as I please.”
Opinion, therefore, is evidently divided, but workingmen as a class
are in favor of, and employers as a class are opposed to, the present
arbitration law. Employers almost universally profess to believe in
the “ principle” o f arbitration, and this might mislead a casual inter
viewer as to their opinion o f the arbitration legislation actually in
force. But many who criticise the present law most severely would
not see it suddenly repealed. They say it has created an environment
that would lead to industrial anarchy fo r a period, if the legal
restraints were taken away from the strongly organized unions. And
many, with strong class instincts and the resentment o f a petty fine
paid by themselves or a fellow employer fo r some possibly trifling
and unintentional breach o f an award still rankling in their minds,
may express themselves more strongly than they feel. Employers
were encountered whose denunciations o f the act were both vociferous
and profane, im plying some specially acute and recent ground fo r
their effusion o f sentiment upon the subject. Others expressed them
selves more quietly, but with equal bitterness. But the most forceful
opponents o f the act were the dispassionate critics, employers o f
responsibility, who felt effects from its workings which they honestly
believed to be detrimental to industry and to all classes o f industrial
workers. Still, it is doubtful if there is an employer o f importance in
New Zealand who would return voluntarily to the system o f strikes.
They would amend and m odify, probably entirely remodel, the present
legislation, but they would retain in some form or other its essential
principle. Public opinion in the colony has been cultivated into a posi
tion where it would hardly tolerate again a free fight between employers
and employees. This feeling was voiced by a man o f much local prom i
LABOR CONDITIONS IN NEW ZEALAND.
1249
nence, an employer o f a large amount o f labor under the act, and one
o f the most intelligent and consistently logical and dispassionate oppo
nents o f the present labor legislation met in the colony. A t the close
o f the conversation he was asked: “ W ould you repeal the present
laws in such a way as to make strikes the only ultimate method of
settling industrial disputes ?” He thought a moment, and then replied:
UI was in Chicago recently, when your building trades were on a strike.
I saw armed men standing at the corners o f your new Federal building
there to protect the workmen from the strikers. No, I don’t want to
see a change o f our laws that will permit o f such conditions here.”
Considered merely as a piece o f legislation, and judged by its logical
consistency and conform ity to those general principles which political
experience has taught should be observed in legal enactments, the
arbitration law possesses certain defects. To try to unite conciliation
and compulsion in the same statute, as consecutive phases o f an iden
tical legal process, was, as already pointed out, a practical impossi
bility. The scales o f justice were never so near the eyes o f the lit
igants as entirely to hide her sword hand. Yet to embody these two
principles in the original statute was practically a historical necessity.
The theory o f the law when enacted was to establish a tribunal to
enforce collective bargains; the practical effect o f the law has been to
establish a tribunal fo r making collective bargains. Hence, also, the
name 6‘ cou rt” applied to the principal tribunal constituted by the act
is misleading in so far as it implies an identity or strong similarity in
form , procedure, functions, or guiding principles to any other court
existing in a modern judicial system. In the first place, the arbitration
court is a representative, not an impartial and nonpartisan, body; in
the second place, persons not cited or allowed to defend themselves
before it are bound by its decisions and suffer pains and penalties
from its actions; third, it legislates, and then takes judicial cognizance
o f the violations o f its own laws. The court is a body with delegated
legislative powers. It fixes holidays, compensation for accidents,
physical conditions o f employment, all o f which form items o f legisla
tion in the existing statutes o f parliament; and it grants compulsory
preference to unionists and establishes a minimum wage, both o f which
subjects are upon the programme o f proposed or solicited legislation
fo r the coming session. It does not grant trial by jury, nor are
its decisions reviewed by any other tribunal. A ll these facts are
faults from the statesman’s point o f view, and they do violence to
the general experience o f mankind as crystallized in political princi
ples. T o unite legislative and judicial functions in a single body, irre
sponsible to any higher power than the popular legislature, must
appear to Americans, with their constitutional principles and pre
cedents in view, a dangerous retrogression to more primitive conditions
o f law.
1250
BULLETIN OF THE BUREAU OF LABOR.
A second reactionary principle involved in the statute is pointed out
by the chief justice o f the colony in his decision upon the jurisdiction
o f the court. H e says: “ The court [of arbitration] can make the con
tract or agreement that is to exist between workmen and employer.
It abrogates the right o f workmen and employers to make their own
contracts. It in effect abolishes ; contract5 and restores ‘ status.’ * * *
No doubt the statute, by abolishing contract and restoring status, may
be a reversal to a state o f things that existed before our industrial
era, as Maine and other jurists have pointed out. The power of the
legislature is sufficient to cause a reversion to this prior state, though
jurists may say that from status to contract marks the path o f
progress.”
The purpose o f this criticism is to indicate the fact that practical
expediency rather than scientific principles were observed in drafting
the present statute, and that it possesses all the defects and weaknesses
o f purely empirical legislation. Unless some political or economic
change in the colony leads to an early repeal o f the law, these faults
will manifest themselves in practical experience and be remedied.
But they should not be overlooked when the act is taken fo r a model
fo r legislation elsewhere.
The obvious advantages o f preventing strikes, with all their atten
dant evils, and the faith that the path o f social progress leads toward
a better remedy than they for the settlement o f industrial disputes,
are all the arguments needed for a conscientious consideration o f the
New Zealand law, as pointing the way to a possible solution o f these
difficulties in our own country. But even with that purpose in mind,
it is well to call attention to some o f the obstacles that would occur in
enacting such legislation in America. In the first place, our national
and State constitutions would guarantee a jury trial to persons prose
cuted fo r serious breaches o f awards, and possibly to parties brought
into court under any industrial dispute which could be proved to
involve a property issue o f sufficient magnitude, with its indirectly
resultant penalties. This is a right that neither workingmen nor
employers in America— but above all workingmen— could be per
suaded to sacrifice. The question o f federal and State jurisdiction
would at once appear. The production o f interchangeable commodi
ties could not be well regulated b y a State court; fo r manufacturers
hampered by an award would simply m ove over into another State,
where they would be assured o f a policy o f noninterference in their
industry. The problem that has presented itself in New Zealand as
the question o f colonial awards, or the adjustment o f awards to the
conditions o f production in different localities, would be multiplied
many times in a country like the United States.
The New
Zealand awards, moreover, are adjusted only to conditions o f
competition in a home market, while in America they would have to
LABOR CONDITIONS IN NEW ZEALAND.
1251
be adjusted to conditions o f competition and production in foreign
markets and countries if we are to retain our export trade. To draw
any final deductions from the working o f the law in an agricultural
colony, remote from immigration routes and with no export trade in
manufactured commodities, that would apply to the more complex
conditions o f a country like our own is manifestly impossible.
The law does tend to create monopolies. It forces employers into
unions, for only thus can they defend themselves under the act, and
these naturally evolve into organizations for restricting competition.
This was naively avowed by certain employers in the colony, and
charged by the workingmen on more than one occasion. Under the
operation o f the awards workers become partners in the profits o f such
combinations, but not always the stronger partner. It would seem that
in a country like the United States this feature o f the New Zealand law
might be likely to stimulate unduly a progress toward the centraliza
tion o f industry.
There is, moreover, an artificial condition accountable in part for
the success o f the law in New Zealand that would not be present in our
own country. The minimum wage, whether established by a court or
by a special board, as in Victoria, throws the slow worker and the semi
incompetent wage-earner out o f employment. This is the testimony
o f Victorian manufacturers and investigators as to the working o f the
law in that State, and is the testimony o f practically all employers
interviewed in New Zealand. The Victorian Commission, speaking
from the results o f its investigation in the latter colony, says: “ It is
clear that the problem how to protect and provide a livelihood for the
slow and inferior worker without impairing or breaking down the
principle o f the minimum wage has not yet been properly solved in
New Zealand.” Hitherto the poor workers and unemployed have been
put upon the public works o f the colony, and thus drawn away from
the labor market. Though this may not have been the special purpose
o f the policy o f extensive public borrowing fo r internal improvements
adopted by the government, an indirect result o f that policy has been
to provide what have been tantamount to relief works for the unem
ployed. But throw this great ragged edge o f society into the labor
market, where a minimum wage law is in force, and a powerful incen
tive fo r the evasion o f that law is at once put upon employers and
would-be workers alike. This difficulty has not been entirely avoided
in New Zealand. In the report o f the 1902 conference o f the trades
and labor councils o f the colony, one o f the delegates is quoted as
saying that he knew o f cases in Auckland where men said they were
getting the minimum wage when they were not doing so, and other
cases where men got the minimum wage but handed back a portion to
their employer. This evasion occurs, according to public reports,
under the minimum wage boards in Victoria. W ith our constant
1252
BULLETIN OF THE BUREAU OF LABOR.
influx o f foreign immigration, accustomed to a low standard of living
and low payment fo r their services, the difficulties here suggested
would be increased manifold. And secret rebates would not be such a
new thing with some o f our employers. But still, the need o f provid
ing a remedy fo r conditions in America is only the more exigent for
that reason.
The political aspect o f the law’s effects is also to be considered.
Practical politics and legislation can not be divorced in our country
even to the same extent as in New Zealand. In that colony the premier
is the font o f administration, legislation, and justice alike. When a
man o f dominant personality, immense w illpow er, and unusual ability,
like Mr. Seddon, who at present unites in his own person the prime
minister, colonial treasurer, minister o f defence, minister o f labor,
minister o f education, and minister o f immigration, besides being a
member o f both houses and the leader o f the majority in parliament,
is at the helm in a small colony like New Zealand, any legislation in
favor with the administration finds strong and effective support at
need. F or Americans, working under a system o f local government
and dispersed political power, with the constant necessity o f reconcil
ing the most diverse interests in their legislative assemblies, the prob
lem o f enforcing and maintaining such laws as the arbitration act
assumes an entirely different aspect. Indeed, to an outsider it looks
as though the political problem might become acute even in New Zea
land. W ithin the past 18 months the farmers have begun to organize,
and now their 44union” is reported to have 20,000 members. W hile
professedly nonpolitical and mainly intended for the discussion o f
agricultural questions, the rules o f the society provide that: “ Any
council, branch, or executive o f the union may take into consideration
any political question affecting the farming or pastoral interests, but
shall so far as possible avoid the discussion o f purely partisan ques
tions.” A representative o f the organization said: 44 Several o f the
South Island branches have wanted to commit the organization, 20,000
strong, to opposition to the labor party. But the North Island section
was opposed to such action, as it might drive from our ranks many
supporters o f Mr. Seddon. W e prefer to keep an eye on labor laws,
and make our strength felt in opposition to such as affect our interests.
The farmers are opposed to the labor party upon the tariff, immigra
tion, taxation, and land tenure. They want restricted and we free
immigration; they oppose and we uphold freeholds. Labor has no
stake in the country, like the farmers, and migrates to other colonies
in times o f depression, leaving us to pay their public debts.” An
agricultural implement manufacturer said that the hostility o f the
farmers to the labor legislation was sufficient to seriously affect the
sale o f home-made implements among them. His agents reported
that the form er sentiment in favor o f patronizing the colonial indus
LABOR CONDITIONS IN NEW ZEALAND.
1253
tries in this line had quite disappeared. In petitioning for awards
before the court, workers in the tanning and meat-freezing trades are
said to have suggested to their employers that if they could not raise
prices in the foreign markets, they could at least cut prices to the
farmers in order to pay higher wages. One o f the leading adminis
tration dailies thus comments upon the situation, in May, 1903:
“ Naturally the farmers are opposed to preference of employment
being given to the unionists, and they are determined to influence
parliament to reject the proposition. There is also reasonableness in
their contention that the arbitration act is unfair in so far as, while it
provides fo r organized labor and organized capital, the unorganized
consumers and farmers are being ignored. * * * The farmers
have also been stimulated to similar organization, and it is well that
these organizations should exist in the state. They may be mutually
destructive o f each other’s worst elements, and yet be generally help
ful to the community as a whole.” Labor leaders generally attach
slight importance to this opposition, on the ground that the farmers
can not be organized and harmonized enough to make them an effect
ive political force; but to an American (accustomed to see the political
activity o f the farmers o f an agricultural State when dissatisfied), it
seems that here might be the beginning o f a movement that may have
an important influence, not perhaps in abolishing, but in greatly modi
fyin g the character o f labor legislation directly affecting rural inter
ests. There is not the same solidarity between farm hands and
farmers in the colony as in America. A farmer with a lifelong expe
rience in New Zealand said he never knew o f farm workmen sitting
down to the same table with their employer. So the trade unions may
have a lever in organized farm labor with which to bring pressure
to bear to prevent hostile action by country employers. But such
special conditions do not obtain in America; and the political problem
o f reconciling the interests o f agricultural producers and consumers
with those o f manufacturers and workmen in the skilled occupations
would have to be considered very seriously in the United States if
legislation were to be permanent. The New Zealand law, as evolved
in actual operation is certainly class legislation, and the rights o f
society at large are not sufficiently protected or observed as yet in the
system it creates. A member o f the arbitration court has said: 44Noth
ing is recognized by the arbitration act except unions o f workers and
unions o f employers. The trade, commerce, manufacture, agriculture,
and mining, the interests and the welfare o f the 800,000 people in New
Zealand, are controlled by putting the arbitration court in motion by
a body o f unionists representing 20,000. The other side is repre
sented by the representatives o f some 1,800 employers.” It is evident
that unless built upon the interests o f the whole community the law
may be seriously endangered, or even may fall, in some storm and stress
period o f popular discontent.
1254
BULLETIN OF THE BUREAU OF LABOR.
A premonition o f this fact is evidenced in the frequent statement
from both laboring men and employers that the arbitration act may
fail in a time o f depression, when the awards must be revised so as to
lower wages or restrict the other advantages previously gained by
the workers. A form er labor member o f parliament said: “ W ork
men in unreasoning moments may oppose the act, but I hope that
society at large will then insist on its observance, as they have insisted
on some things in the Victoria railway strike.” An officer o f a trades
and labor council said: “ In hard times I think the act will go under,
from the action o f the workmen themselves.” A second labor mem
ber o f parliament (but not himself a workingman) said: “ When
depression comes, the act must fail. I f a business begins to lose money
under free contract, the employer can call his men together, explain
the situation, and either adjust the matter with them or close up.
Generally, if the employer is right and convinces his men of the true
situation, he can fit wages to the new conditions and keep running.
Under an award he has no option. He must pay the minimum wage
or lay himself liable to a fine, or else the act becomes a dead letter.
L et a sharp depression strike the whole colony at once, and no court
could deal with the matter. I do not see how the act can fail to pre
cipitate a crisis if such a depression ever comes.” On the other hand,
the secretary o f a union said: “ In hard times necessity would master
the workingman. H e couldn’t fight the law and the employer together,
and must accept lower wages.” A large employer expressed himself
in practically the same words, saying that the strike spirit was always
stronger in good times and during rising prices, and that workmen
were much more “ docile” in periods o f depression. Employees have
shown in a number o f instances a disposition to criticise the court and
to try to secure control over the court through the ministry, when
dissatisfied with awards. Unions at times meet and pass resolutions
condemning the court. They have sent delegations to the premier
with complaints as to the awards or the court, even asking for the
removal o f the judge. A labor member introduced a resolution into
the upper house o f parliament calling fo r an investigation o f the court,
because a few unions were dissatisfied with some recent awards and
decisions. O f course it is quite useless to predict just how the w ork
ingmen and the community at large would regard the act in a period
o f depression; but these conditions in New Zealand suggest that suf
ficient regard may not have been paid to the fact that laws are prima
rily for the benefit o f society at large, and must be so framed as to
insure public support from all quarters if they are to endure; and that
if the protection o f the direct beneficiaries o f the arbitration act were
withdrawn, or turned into open hostility, that law might be in the
position o f a man betrayed in the house o f his friends, with its exist
ence imperiled by the enemies it had made in times o f prosperity.
LABOR CONDITIONS IN NEW ZEALAND.
1255
In calling attention to what appear to be defects, either in principle
or detail, in the present arbitration legislation of New Zealand, it is
only intended to emphasize again the fact that such legislation is still
in an experimental stage, that it has been framed along lines o f prac
tical expediency alone, and that it is not yet sufficiently tried and tested
to allow any broad generalizations to be made as to its final efficiency
and permanent success. But one should remember that the colony
has been legislating fo r New Zealand and not for other countries, and
it has been unnecessary to adjust laws to many conditions prevailing
elsewhere. The colonial legal system has not the sanctity o f a creed
in the eyes o f its makers, and there is little doubt but that the arbi
tration act will be adapted to meet new difficulties as they occur. The
court, in its rapidly accumulating awards, is building up a large body
o f quasi-juristic precedents, that will guide much more surely succeed
ing judges and tribunals in the administration o f this or any similar
statute. The law has not been a failure, though many inconveniences
have been experienced from its workings. It has accustomed the com
munity to the idea o f making law supreme in industrial disputes, and
this is an idea that will not easily disappear. W ith all its apparent
defects the act is a success beyond the expectation o f many o f its early
supporters. Practical legislators have considered it worth transplant
ing, with modifications not impairing its essential principle, to several
o f the States o f the Australian Commonwealth. There, meeting new
conditions, many o f them more similar to our own than those prevailing
in New Zealand, the law is almost certain to be still further modified in
practical application, and still more completely adapted to the diverse
conditions o f modern industrial life. One concludes an investigation
with this conviction— that a line o f legislation has been started in New
Zealand to remedy one o f our greatest industrial evils that will in all
probability continue to expand and develop from its present tentative
and experimental condition until it has solved, or greatly contributed
toward solving, so far as the collective will o f society can, the prob
lem that brought it forth.
CONCLUSION.
There is little to be said in conclusion o f this report. A stranger
can not hope to compass and appraise at their true value all the forces
and circumstances presenting themselves to an investigator of labor
conditions in New Zealand. An American, while he finds much to
admire in the intent and in many o f the details o f social legislation in
the colony, senses a class consciousness among the people and a tend
ency toward rigidity and status in their institutions that does violence
to his inherited ideals and sympathies. It is not in a dead level o f
material com fort that the real prosperity o f a nation consists. That
was provided by the Incas o f Peru. But it is in the constant incentive
1256
BULLETIN OF THE BUREAU OF LABOR.
to individual enterprise, in untrammeled ambition, in the conscious
ness o f the call to labor on the part o f every member o f the community.
The “ strenuous life ” is already a well-worn term in our country, but
it contains the secret o f living fo r the present generation of Americans.
W e can not but instinctively recoil from the thought o f a state pro
tectorate over our individual activities. The nation is largely com
posed o f people whose ancestors, or who themselves, have devoted
energy and sacrifice to getting away from that very thing. Laboring
men say that the arbitration act in New Zealand has killed the “ fight
ing sp irit” o f the unions. That is possibly a social gain; but what
American employer even does not feel a secret dislike o f the situation
it implies? In other words, our habits o f thought and temperamental
sympathies are not in accord with those dominant in New Zealand.
The ways o f the latter country may be better; but they are not our
ways. W e are less law-abiding as a nation than New Zealand, and
more rampantly independent as individuals. A n American community
would soon kick holes all through the acts o f parliament o f the other
country. W e shall have to solve our social problems in our own way,
and perhaps after longer and severer experiences than those o f the
colony. “ An ideal laboratory” is what a canny Scotch labor leader
called New Zealand. Such it is, indeed; and we must consider her
legislation as laboratory experiments fo r ourselves.
New Zealand is a country that one delights to visit and regrets to
leave. Nature has endowed it with an excellent climate, abundant re
sources, and beautiful scenery. The people are o f selected stock and
o f our nearest kin. Nowhere will a stranger meet with sincerer cour
tesy or more cordial hospitality. One feels like making a general
acknowledgment to the whole colony fo r kindnesses received when he
leaves its shores.
Special mention should be made o f courtesies received from Secre
tary Tregear, o f the labor department, and his assistants in the cities
visited, from other public officials, and from many employers, jour
nalists, labor officers, and others who assisted the writer o f this report
with information and helpful services.
An analysis o f the labor laws o f the colony concludes this report.
It was impossible without much repetition to give a separate summary
o f the different acts. Therefore their salient provisions, illustrating
the motives and guiding principles o f the laws, are arranged after the
manner o f a simple code, according to a system that will be selfexplanatory to many readers and can be easily followed by all from
the introductory notes and titles.
A N A L Y S IS O F L A W S .
The compiled labor laws o f New Zealand, apart from the court deci
sions, awards, and interpretations necessary fo r their complete expla
nation, are embodied in 56 separate acts, and form an octavo volume o f
LABOR CONDITIONS IN NEW ZEALAND.
1257
428 pages. A concise analysis o f this legislation can be made only by
redistributing the matter contained in the individual statutes in such a
way as to illustrate the general principles which the laws enforce with
out the repetition and detail o f the original enactments. This has
been attempted in the present chapter, following in a general way the
classification o f the Eoman jurists. The provisions of these laws are
considered from the standpoint o f the rights o f the employee, as the
definition and enforcing o f these rights is the main motive for their
existence.
A reprint in full o f the industrial conciliation and arbitration law is
found on pages 1282 to 1311 o f this Bulletin. In this analysis those
parts o f the law necessary to be used are not reproduced, but refer
ence is made to the law in its entirety, where the appropriate sections
may be found.
The laws fall into three divisions. The first defines the personal
rights o f employees, which can not be measured in money or modified
by private contract. They include the right to engage conditionally
or unconditionally in various occupations, the right to physical condi
tions o f employment favorable to health and social welfare, and the
right to organize for the purpose o f industrial betterment. The sec
ond division covers the real or property rights o f employees to wages
and to compensation fo r injuries received in service. The third con
cerns itself with the special procedure and penalties provided for
enforcing the personal and real rights just mentioned.
I.— PERSONAL RIGHTS OF EMPLOYEES.
1 .— WOMEN AND MINORS.
(1) Laws limiting employment in mimes.
No female and no boy [under 13 years o f age] shall be employed in
any capacity in or about any mine. [Coal Mines Act, 1891. J
No youth [under 18 years o f age] shall be employed as lander or
braceman at any time at a brace set over any shaft.
W herever any entrance to any mine, or any communication within
any part o f any mine to any other part thereof, shall be by means of
a vertical shaft or pit or inclined plane or level, no person other than
a properly competent person o f the full age o f eighteen years shall
have charge o f any engine, windlass, or gin (whether driven or worked
by manual labor or any other power), or o f any part o f the machinery,
ropes, chains, or other tackle by or by means o f which persons are
brought up or passed down or along any such vertical shaft or pit or
inclined plane or level.
No person under the age o f eighteen years shall be allowed to charge
a hole with explosives, or to fire any charge o f explosives.
No person under the age o f twenty-one years shall be placed in
charge o f o f have the control o f any steam-engine or boiler used in
connection with the working o f any mine. [Coal Mines Act, 1891;
Mining A ct, 1898.]
1258
BULLETIN OF THE BUREAU OF LABOR.
No female person o f any age, and no male person under the age o f
fourteen years, shall be employed fo r hire in any capacity in or about
a mine: Provided that this shall not apply in the case o f clerical
employment. [Mining A ct, 1898.]
(#) Laws limiting employment in factories.
A woman shall not be employed in any factory during the four
weeks immediately after her confinement.
W ith respect to the employment o f boys or girls the following rules
shall be observed in every factory:—
1. A boy or girl under fourteen years o f age shall not be employed
except in special cases authorized in writing by the inspector: Such
authorization shall not be given in the case o f a factory in which the
total number o f persons employed exceeds three.
2. A girl under fifteen years o f age shall not be employed as type
setter in any printing-office.
3. A boy or girl under sixteen years o f age shall not be employed
in any room in which there is carried on— A n y dry grinding in the
metal trade; or the dipping o f matches o f any kind.
4. A girl under sixteen years o f age shall not be employed in any
factory in which there is carried on— The making or finishing o f
bricks or tiles, not being ornamental tiles; or the making or finishing
o f salt.
5. A girl under eighteen years o f age shall not be employed in any
room in which there is carried on— The process o f melting or anneal
ing glass.
6. A woman or boy under eighteen years of age shall not be
employed in any room in which there is carried on— The silvering of
mirrors by the mercurial process; or the making o f white-lead.
W ithout limiting the foregoing restrictions as to the age o f employ
ment, the follow ing rules shall be observed in every factory with
respect to the employment o f boys or girls under the age o f sixteen
years:—
A boy or girl under sixteen years o f age shall not be employed in
any factory unless the occupier holds from the inspector a certificate
o f fitness relating.to the boy or girl. [Factories A ct, 1901.]
*
*
*
*
*
*
*
(3) Laws limiting employment about machinery.
No person under the age o f eighteen years shall have charge o f or
be allowed to exercise sole control over any boiler. [Inspection o f
Machinery A ct, 1882.]
2.— HOURS OF LABOR.
[Hours o f labor are considered as a function o f wages under the
property rights o f the employee. But in some cases the laws o f New
Zealand do not grant the right to contract fo r working hours beyond
a statutory limit.]
(1) Laws limiting the hours o f labor in mines.
No youth [under 18 years o f age] shall be employed for more than
forty-eight hours in any week, exclusive o f the time allowed for meals,
nor more than eight hours in any day, except in cases o f emergency.
LABOR CONDITIONS IN NEW ZEALAND.
1259
No person in charge o f steam machinery used in connection with any
mine, or for the treatment o f the products of any mine, shall be
employed for more than eight consecutive hours at any time, and any
person who has continually worked fo r eight hours shall not resume
work until after an interval o f not less than four hours. [Coal Mines
A ct, 1891; Mining A ct, 1898.]
Subject to the provisions o f the act, a miner shall not be employed
underground fo r a longer period in any day than eight hours, exclu
sive o f meal-times.
Such period o f eight hours shall be deemed to commence from the
time the miner enters the mine, and to finish when he leaves the mine.
[Coal Mines A ct Amendment A ct, 1901.]
(#) Laws limiting the hours o f labor in shops.
A woman, or a person under eighteen years o f age, shall not work
fo r hire or maintenance in or about any shop, nor at any work in con
nection with the shop, fo r a longer period than fifty-two hours,
excluding meal-times, in any one week, nor fo r a longer period than
nine hours and a half, excluding meal-times, in any one day, except
on one day in each week, when eleven and a half hours’ work may
be done: Provided that the persons employed in a shop or work-room
may, with the consent o f the inspector, be employed fo r a period not
exceeding three hours in any one day beyond the ordinary workinghours on not more than forty days in any one year, fo r the purposes
o f stock-taking.
No woman, or person under eighteen years o f age, shall be em
ployed more than five consecutive hours without being granted an
interval o f not less than half an hour for refreshments.
A woman, or a person under eighteen years o f age, shall not, to the
knowledge o f the shopkeeper, be employed in any shop who has been
previously on the same day employed in a factory or work-room for
the number o f hours permitted by law, or fo r a longer period than
will complete such number o f hours. [Shops and Shop-assistants
A ct, 1894.]
(3) Laws limiting the hours o f labor on public contracts.
In every public contract the maximum length o f the working-day
to be observed in the case o f each description o f skilled or unskilled
manual labor employed by the contractor in carrying out the contract
shall not exceed eight hours exclusive o f overtime.
The foregoing provisions o f this act shall be deemed to be incor
porated in every public contract.
It shall not be competent to any worker to contract himself out o f
the benefit o f this act. [Public Contracts A ct, 1900.]
(4) Laws limiting the hours o f labor in factories .
Subject to the provisions o f this act, a male worker shall not be
employed in or about a factory—F or more than forty-eight hours,
excluding meal-times, in any one week; nor fo r more than eight hours
and three-quarters in any one day; nor fo r more than five hours con
tinuously without an interval o f at least three-quarters o f an hour for
a meal.
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BULLETIN OF THE BUREAU OF LABOR.
Subject to the provisions o f this act, a woman or boy shall not be
employed in or about a factory— F or more than forty-five hours, ex
cluding meal-times, in any one week; nor for more than eight hours
and a quarter, excluding meal-times, in any one day; nor for more
than four hours and a quarter continuously without an interval o f at
least three-quarters o f an hour fo r a meal; nor at any time after one
o’clock in the afternoon o f one workday in each week as hereinafter
mentioned; nor in the case o f women, at any time between the hours
o f six o’clock in the evening and eight in the morning follow ing; nor
in the case o f boys, at any time between the hours o f six o’clock in the
evening and a quarter to eight o ’clock in the morning following: P ro
vided that, with the written consent o f the inspector, seven o’clock in
the morning may, during such months as are specified in such consent,
be substituted in lieu o f eight o’clock in the morning, but so that the
hours o f w ork are not extended beyond eight hours and a quarter.
The provisions o f the last preceding section are hereby modified in
the case o f woolen-mills to the extent following, that is to say: Women
over the age o f eighteen years, and boys, may be employed therein—
F or not more than forty-eight hours, excluding meal-times, in any one
week; and for not more than eight hours and three-quarters in any one
day; and for not more than fou r hours and a half continuously with
out an interval o f at least three-quarters o f an hour for a meal.
In order to prevent any evasion or avoidance o f the foregoing limits
o f working-hours, all work done by any person employed m a factory
for the occupier elsewhere than in the factory (whether the w ork is or
is not connected with the business o f the factory) shall be deemed to be
done whilst employed in the factory, and the time shall be counted
accordingly. [Factories A ct, 1901.]
[Some industries, like meat-freezing establishments, are excepted
from these provisions, and in certain instances a limited amount of
overtime is allowed, subject to a permit from the factory inspector.]
3 .— HOLIDAYS AND EARLY CLOSING.
(1) General.
Every day on which any election takes place shall be and be deemed
to be a public holiday after mid-day. [Electoral A ct Amendment A ct,
1900.]
The second Wednesday in the month o f October in each year shall
be known as “ Labor D ay.”
Labor Day is hereby declared to be a public holiday. [Labor Day
A ct, 1899.]
(2) In mines.
W ith respect to persons in charge o f machinery used in connection
with any mine, or with the treatment o f the products o f any mine,
* * * such person shall be entitled to holidays at the rate o f not
less than one whole holiday or two half-holidays for every eight weeks
(whether consecutive or not) during which he is employed in charge
o f such machinery on seven consecutive days in each such week.
[Mining A ct, 1898.]
I f any such person as aforesaid shall be employed during seven con
secutive days in every week, he shall be entitled to not less than
LABOR CONDITIONS IN NEW ZEALAND.
1261
twelve half-days or six full days o f holidays during the year. [Coal
Mines A ct, 1891.]
Except in cases where the previous authority in writing o f an
inspector o f mines has been obtained, it shall not be lawful for any
person or company to directly or indirectly employ any workman on
Sunday for hire or reward to do any skilled or unskilled manual labor
in or about any mine within the meaning o f 44The Mining A ct, 1891,”
or 44The Coal Mines Act, 1891.” [Sunday Labor in Mines Prevention
A ct, 1897.]
(3) In factories .
Except as provided by the next succeeding section [exceptions as to
newspapers], the occupier o f a factory shall allow to every woman and
boy under eighteen years o f age employed in the factory the follow
ing holidays, that is to say,— (1) A whole holiday on every Christmas
Day, New Year’s Day, Good Friday, Easter Monday, Labor Day, and
birthday o f the reigning Sovereign; provided that when Christmas
Day, New Year’s Day, or the birthday o f the reigning Sovereign falls
on a Sunday, then the whole holiday shall be allowed on the next
ensuing M onday; and also (2) a half-holiday on every Saturday from the
hour o f one o f the clock in the afternoon. [Factories Act, 1901.]
(4) In offices.
The closing-hour o f all offices shall not be later than five o’clock in
the afternoon o f each week-day except Saturday, when the closing-hour
shall be not later than one o’clock in the aiternoon: Provided that
exception shall be made in respect o f not exceeding ten days in each
calendar month, when employees may be required to continue at work,
or return to work, for not exceeding three nours in any one day. It
is further provided that this section shall not apply to shipping,
tramway, and newspaper offices. [Shops and Shop-assistants A ct
Amendment A ct, 1896.]
Offices shall be excepted from the operation o f the last preceding
section during two periods o f four weeks each in every year fo r the
purposes o f their half-yearly balances. [Shops and Shop-assistants
A ct, 1894.]
(5) In shops.
A ll shops in a city, borough, or town district, except those wherein
is carried on exclusively one or more o f the businesses o f a fishmonger,
a fruiterer, a confectioner, a coffeehouse-keeper, an eatinghouse-keeper,
oi the keeper o f a bookstall on a railway platform, shall be closed in
each week on the afternoon o f one working-day at the hour o f one o f
the clock. Whenever a public holiday or half-holiday occurs in any
week, it shall be a sufficient compliance with this act if a shopkeeper
closes his shop on such holiday or half-holiday instead o f on the clos
ing-day under this act. [Shops and Shop-assistants Acts Amendment
A ct, 1901.]
4.— PHYSICAL CONDITIONS OF LABOR.
[The laws give a multitude o f detailed regulations governing the
physical conditions o f labor in different industries. Only a few o f the
more salient provisions are quoted.]
150—No. 49—03-----9
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BULLETIN OF THE BUEEAU OF LABOE.
(1) In mines.
W here workmen are employed in a mine, or any o f the workmen so
employed are members ox a society formed in connection with the
coal-mining industry, and registered under “ The Industrial Concili
ation and Arbitration A ct, 1900,” as an industrial union o f workers,
such workmen or society may, at their own cost, appoint any two
persons to inspect the mine, whether such persons are employed in the
mine to be inspected or not. [Coal Mines A ct Amendment A ct, 1901;
also substantially in Mining A ct Amendment A ct, 1900.]
I f more than four persons are employed in the mine below ground
in one shift, sufficient accommodation shall, if ordered by the inspector,
be provided above ground near the principal entrance o f the mine,
and not in the engine-house or boiler-house, fo r enabling the persons
employed in the mine to conveniently dry and change their dresses,
and in no case shall men be allowed to change their dresses upon a
boiler. [Mining Act, 1898; also substantially in Coal Mines A ct, 1891.]
(#) In shearing sheds.
W hen any person or persons o f the Chinese race is or are employed
in or about any shearing-shed, it shall be incumbent upon the employer
to provide for such person or persons separate and distinct sleeping
accommodation from that provided fo r other shearers.
Proper and sufficient accommodation shall, as regards sleeping-room,
mean not less than two hundred and forty cubic feet o f space fo r each
shearer sleeping in any room or apartment (which room or apartment
shall not in any case be the same as that in which meals are provided),
but shall not be deemed to require any owner to provide blankets or
bedding. [Shearers5 Accommodation A ct, 1898.1
(3) On ships.
The follow ing rules shall be observed with respect to accommodation
on board ships, that is to say:— (1) E very place in any ship occupied
by seamen or apprentices, and appropriated to their use, shall have,
fo r every such seaman or apprentice, a space o f not less than seventytwo cubic feet, and o f not less than twelve superficial feet, measured
on the deck or floor o f such place. (2) E very such place shall be such
as to make the space aforesaid available fo r the proper accommodation
o f the men who are to occupy it, shall be securely constructed,
properly lighted and ventilated, properly protected from weather and
sea, and, as far as practicable, properly snut off and protected from
effluvium which may be caused by cargo or bilge-water. [Shipping
and Seamen’s A ct, 1877.]
(4) In shops.
Every shopkeeper is hereby required to provide proper sitting
accommodation fo r females employed in his shop.
No shopkeeper shall— (1) Directly or indirectly prohibit or prevent,
or make any rule or regulation prohibiting, any female employed in
his shop from being seated when not actually and immediately engaged
in the course o f her employment; (2) require any such female to be
so continuously employed m an employment the course o f which
LABOR CONDITIONS IN NEW ZEALAND.
1263
requires her to remain standing as that reasonable intervals are not
allowed to her in each day during which she may use the sitting
accommodation provided; (3) dismiss from his employment or reduce
the wages o f any female on the ground that she has made use o f such
sitting accommodation, unless it be proved that she has used it for an
unreasonably long time or an unreasonable number o f times on any
day.
Shop-assistants shall be entitled to one hour fo r dinner.
E very shop or business establishment shall be kept in a cleanly state,
and free from effluvia arising from any drain, privy, or other nuisance,
and shall be ventilated in a practical and efficient manner. W here
members o f both sexes are working in the same shop or business estab
lishment there shall be sufficient water-closet or privy accommodation
fo r each sex, separated in such manner as to insure privacy, to the
satisfaction o f the inspector. [Shops and Shop-assistants A ct, 1894.]
(5) In factories.
In every factory in which work is carried on by more than three
persons upon a floor situate above the ground floor, efficient fireescapes shall be provided fo r every workroom situate on any such
first-mentioned floor.
Every door, whether internal or external, shall be hung so as to
open outwards.
The factory shall be kept in a cleanly state, and free from any smell
or leakage arising from any drain, privy, or any other nuisance.
Sufficient privy accommodation shall be provided for all persons
employed in the factory, and where members o f both sexes are
employed, not being members o f the same family, the accommodation
shall be entirely separate fo r each sex, so as to insure privacy.
A woman or boy shall not be emploved in any factory in which wet
spinning is carried on, unless full and satisfactory provision is made
to protect each o f them from being wetted, and, where hot water is
used, to prevent the escape o f steam into any room in which any o f
them are employed.
A woman or boy shall not be permitted to take any meal in any
room in which any handicraft or manufacturing process is being or
within the previous two hours has been carried on, or any person is
or during the previous two hours has been engaged in work.
A woman or boy who under this act is entitled to an interval for
meals shall not be permitted to do any work or to remain in any
workroom during such interval.
In every case where the number o f women and boys employed in
the factory exceeds four the occupier shall provide a fit and proper
room in which they may take their meals.
In every case where, in a factory, any * * * noxious handicraft,
process, or employment is carried on no person employed in the fac
tory shall be permitted to take any meal in any room or place in which
such noxious handicraft, process, or employment is being or during
any previous part o f the day has been carried on. [Factories A ct,
1901.]
5.— SWEAT-SHOP LAW.
F or the better suppression o f what is commonly known as the
“ sweating evil,” the following provisions shall apply in every case
1264
BULLETIN OF THE BUREAU OF LABOR.
where the occupier o f a factory lets or gives out work of any descrip
tion in connection with textile or shoddy material to be done by any
person elsewhere than in the factory:— (1) The occupier o f the factory
shall at all times keep or cause to be kept a record showing with sub
stantial correctness— The full name and address o f each such person, and
the situation o f the place where he does the work; the quantity and
description o f the work done by each such person; and the nature and
amount o f the remuneration paid to him therefor. (2) I f the work k
done elsewhere than in a registered factory, the occupier o f the factory
by whom the work was let or given out shall cause to be affixed to each
garment or other article upon which the work has been done a label
in the prescribed form . (3) I f the person to whom the work is let or
given out as aforesaid— Directly or indirectly sublets the work or any
part thereof, whether b y way o f piecework or otherwise; or does the
work or any part thereof otherwise than on his own premises, and
by himself or his own work-people to whom he himself pays wages
therefor, that person commits an offense, and is liable to a penalty not
exceeding £10 [$48.67] for each such offense. [Factories A ct, 1901.]
6 .— APPRENTICES AND SEAMEN.
(1) Apprentices.
Every one who as master or mistress has contracted to provide
necessary food, clothing, or lodging fo r any servant or apprentice
under the age o f sixteen years is under a legal duty to provide the
same, and is criminally responsible fo r omitting without lawful excuse
to perform such duty, if the death o f such servant or apprentice is
caused, or if his life is endangered, or his health is permanently
injured, by such omission.
Every one is liable to three years’ imprisonment with hard labor
who, without lawful excuse, neglects the duty o f a master or mistress
to provide necessaries fo r a servant or apprentice * * * so that
the life o f any such servant or apprentice is endangered or his health
permanently injured by such neglect. [Criminal Code A ct, 1893.]
A n y master who shall ill-treat or who shall neglect to instruct prop
erly or otherwise discharge his duty towards his apprentice may be
summoned to appear before two or more justices, and upon conviction
shall be fined by the said justices any sum not exceeding £10 [$48.67].
[Master and Apprentice A ct, 1865.]
(#) Seamen.
I f the master or any other person belonging to any ship wrongfully
forces on shore and leaves behind, or otherwise willfully and wrong
fully leaves behind in any place, on shore or at sea, in or out o f Her
Majesty’s dominions, any seaman or apprentice belonging to such ship
before the completion o f the voyage fo r which such person was
engaged, or the return o f the ship to the colony, he shall fo r each such
offense be deemed guilty o f a misdemeanor.
A n y three or more o f the crew o f any ship may complain to any
superintendent o f mercantile marine or any chief officer o f customs
that the provisions or water for the use o f the crew are at any time of
bad quality, unfit fo r use, or deficient in quantity; and such officer
may thereupon examine the said provisions or water, or cause them
LABOR CONDITIONS IN NEW ZEALAND.
1265
to be examined; and if on examination such provisions or water are
found to be o f bad quality and unfit fo r use, or to be deficient in
quantity, the person making such examination shall signify the same
in writing to the master o f the ship; and, if such master does not
thereupon provide other proper provisions or water in lieu o f any so
signified to be o f a bad quality and unfit fo r use, or does not procure
the requisite quantity o f any so signified to be insufficient in quantity,
or uses any provisions or water wnich had been so signified as afore
said to be o f a bad quality and unfit fo r use, he shall in every such
case incur a penalty not exceeding £20 [$97.33].
I f any seaman or apprentice whilst on board any ship states to the
master that he desires to make complaint to a justice o f the peace
against the master or any o f the crew, the said master shall if the ship
is then at a place where there is a justice, so soon as the service o f the
ship will permit, and, if the ship is not then at such a place, so soon
after her first arrival at such a place as the service o f the ship will
permit, allow such seaman or apprentice to g o ashore, or send him
ashore in proper custody, so that he may be enabled to make such
complaint. [Shipping and Seamen’s A ct, 1877.]
7.— TRADE UNIONS.
(1) Definition.
The term “ trade union” means any combination, whether tempo
rary or permanent, fo r regulating the relations between workmen and
masters, or between workmen and workmen, or between masters and
masters, or fo r imposing restrictive conditions on the conduct o f any
trade or business, whether such combination would or would not, if
this act had not been passed, have been deemed to have been an unlaw
ful combination b y reason o f some one or more o f its purposes being
in restraint o f trade. [Trade Union A ct, 1878.]
(#) Legality .
An agreement or combination by two or more persons to do or pro
cure to be done any act in contemplation or furtherance o f a trade dis
pute between employers and workmen shall not be deemed to be
unlawful so as to render such persons liable to criminal prosecution
for conspiracy if one act committed by such person would not be
unlawful.
No person employed by a local authority, or by any company or
contractor upon which or upon whom there is imposed by statute the
duty, or which or who have otherwise assumed the duty, o f supplying
any city, borough, town, or place, or any part thereof, with gas,
electric light, or water, shall-combine or agree with any other person
or persons to leave, without due notice, the employ o f such local
authority, company, or contractor, if the effect o f such combination
or agreement may reasonably be expected to be that the inhabitants
o f such city, borough, town, or place, or part thereof respectively,
will be fo r any time deprived wholly or to a great extent o f their sup
ply o f gas, electric light, or water. [Conspiracy Law Amendment
A ct, 1894.]
1266
BULLETIN OF THE BUREAU OF LABOR.
(3) Membership.
a person under the age o f twenty-one, but above the age o f four
teen, may be a member o f a trade union, unless provision be made in
the rules thereof to the contrary, and may, subject to the rules o f the
trade union, enjoy all the rights o f a member except as herein pro
vided, and execute all instruments and give all acquittances necessary
to be executed or given under the rules, but shall not be a member o f
the committee o f management, trustee, or treasurer o f the trade union.
[Trade Union A ct 1878 Amendment A ct, 1896.]
(4) Registration.
A ny seven or more members o f a trade union may, by subscribing
their names to the rules o f the union, or otherwise complying with
the provisions o f this act with respect to registry, register such trade
union under this act, provided that if any one o f the purposes o f such
trade union be unlawful such registration shall be void. [Trade Union
A ct, 1878.]
(5) Legal powers.
It shall be lawful fo r any trade union registered under this act to
purchase or take upon lease, in the names o f the trustees for the time
being o f such union, any land not exceeding one acre, and to sell,
exchange, mortgage, or let the same; and no purchaser, assignee, mort
gagee, or tenant snail be bound to inquire whether the trustees have
authority fo r any sale, exchange, mortgage, or letting, and the receipt
o f the trustees shall be a discharge fo r the money arising therefrom.
The trustees o f any trade union registered under this act, or any
other officer o f such trade union who may be authorized so to do by
the rules thereof, are hereby empowered to bring or defend, or cause
to be brought or defended, any action, suit, prosecution, or complaint,
in any court o f law or equity, touching or concerning the property,
right, or claim to property o f the trade union. [Trade Union A ct, 1878.]
(6) Lim itation to contracts.
Nothing in this act shall enable any court to entertain any legal pro
ceeding instituted with the object o f directly enforcing or recovering
damages fo r the breach o f any o f the follow ing agreements, namely:—
(1) A ny agreement between members o f a trade union as such, con
cerning the conditions on which any members fo r the time being of
such trade union shall or shall not sell their goods, transact business,
employ, or be employed: (2) A ny agreement fo r the payment by any
person o f any subscription or penalty to a trade union: (3) A ny agree
ment fo r the application o f the funds o f a trade union— To provide
benefits to members; or to furnish contributions to any employer or
workman not a member o f such trade union, in consideration o f such
employer or workman acting in conform ity with the rules or resolu
tions o f such trade union; or to discharge any fine imposed upon any
person b y sentence o f a court o f justice: or (4) Any agreement made
between one trade union and another: or (5) A ny bona to secure the
performance o f any o f the above-mentioned agreements: But nothing
in this section shall be deemed to constitute any o f the above-men
tioned agreements unlawful. [Trade Union A ct, 1878.]
LABOR CONDITIONS IN NEW ZEALAND.
1267
(7) Responsibility o f officers.
I f any officer, member, or other person being or representing him
self to be a member o f a trade union registered under this act, or the
nominee, executor, administrator, or assignee o f a member thereof, or
any person whatsoever, by false representation or imposition, obtain
possession o f any moneys, securities, books, papers, or other effects o f
such trade union, or, having the same in his possession, willfully with
hold or fraudulently misapply the same, or willfully apply any part of
the same to purposes other than those expressed or directed in the rules
o f such trade union, or any part thereof, he shall, upon a complaint
made by any person on behalf o f such trade union, or by the registrar,
be liable on summary conviction to a penalty not exceeding £50
[$243.33] and costs, and to be ordered to deliver up all such property,
or to repay all moneys applied improperly, and in default of such
delivery or repayment, or o f the pajrment o f such penalty and costs
aforesaid, to be imprisoned, with or without hard labor, for any time
not exceeding six months; but nothing herein contained prevents any
such person from being proceeded against by way o f indictment, if
not previously convicted o f the same offense under the provisions of
this act. [Trade Union A ct, 1878.]
8 .— INDUSTRIAL UNIONS AND ASSOCIATIONS.
[These bodies corporate are provided for in the Industrial Concilia
tion and Arbitration A ct as artificial persons to appear as parties to
actions under that statute. Recent amendments to the law have given
registered trade unions identical powers with industrial unions to
become parties to industrial agreements, to be bound by the awards,
and to apply fo r extension o f awards, without the necessitj^ o f register
ing again as industrial unions; but they are not allowed without such
registration to become parties to disputes or to participate in the selec
tion o f members o f the boards o f conciliation or of the court. Neither
are industrial associations electors fo r either of the above tribunals.
Only powers parallel to those o f the trade unions are considered in
this section. F or the law governing industrial unions and associations
see the Industrial Conciliation and Arbitration Act, pages 1284 to 1289
o f this Bulletin.]
II.—R E A L OR PROPERTY RIGHTS OF EMPLOYEES.
[The property rights o f employees are measured in money and are
conditioned by the terms o f their contractual relation with their
employer. They fall into two classes, those relating to wages and those
relating to pecuniary compensation fo r injuries received in service.]
1 .— WAGE CONTRACT AND RATE OF WAGES.
[The rate o f wages is usually determined by individual or collective
contract between employers and employees, but in New Zealand it is
partially regulated by judicial awards and statutes.]
(1)' Form o f contract.
“ W orkm an” * * * means a railway servant, and any person
who, being a laborer, servant in husbandry, journeyman, artificer,
1268
BULLETIN OF THE BUREAU OF LABOR.
handicraftsman, miner, or otherwise employed in manual labor,
whether under the age o f twenty-one years or above that age, has
entered into or works under a contract with an employer, whether the
contract * * * be express or implied, oral or in writing, and be a
contract o f service or a contract personally to execute any work or
labor. [Employers’ Liability A ct, 1882.]
(#) Special exception fo r apprentices.
Before any child shall be bound apprentice under this act an inden
ture o f apprenticeship shall be executed by the person or persons
authorized * * * to bind such apprentice o f the one part, and by
the master to whom such child shall be appointed to be bound appren
tice o f the other part; and every such indenture so entered into shall
be binding on sucn child on the one part and such master on the other
part, and shall contain a covenant on the part and behalf o f such master
that during the said term of apprenticeship the master shall and will
provide such apprentice with sufficient and suitable food, clothing, and
bedding, * * * and also that such master shall pay into a savingsbank in the said colony, in the name o f such apprentice, the yearly
sum o f £2 [$9.73] if a male, and 30s. [$7.30] if a female, for each and
every year during the last three years o f the said apprenticeship, when
the term o f such apprenticeship shall be fo r the term o f five years, to
be paid to him or her with the interest thereof at the expiration o f his
or her apprenticeship. [Master and Apprentice Act, 1865.]
(3) Special exception fo r seamen.
The master o f every ship, except ships o f less than eighty tons reg
istered tonnage exclusively employed in trading between different
ports on the coast o f the colony, shall enter into an agreement with
every seaman whom he carries to sea from any port in the colony as
one o f his crew in the manner hereinafter mentioned; and every such
agreement shall be in the form sanctioned by the minister, and shall
be dated at the time o f the first signature thereof, and shall be signed
by the master before any seaman signs the same, and shall contain the
follow ing particulars as terms thereof, that is to say:— (1) The nature,
and, as far as practicable, the duration o f the intended voyage or
engagement, or the maximum period o f the voyage or engagement,
and the places or parts o f the world (if any) to which the voyage or
engagement is not to extend: (2) The number and description o f the
crew, specifying how many are engaged as sailors: (3) The time at
which each seaman is to be on board to begin work: (i) The capacity
in which each seaman is to serve: (5) The amount o f wages which each
seaman is to receive: (6) A scale o f the provisions which are to be fur
nished to each seaman: (7) A ny regulations as to conduct on board,
and as to fines, short allowance o f provisions, or other lawful punish
ments fo r misconduct, which have been sanctioned by the minister as
regulations proper to be adopted, and which the parties agree to adopt.
[Shipping and Seamen’s A ct, 1877.]
{If) Industrial agreements {collective bargains).
[For the law governing industrial agreements see the Industrial Con
ciliation and Arbitration A ct, page 1290 o f this Bulletin.]
LABOR CONDITIONS IN NEW ZEALAND.
1269
(S) Judicial awards.
[For the law governing judicial awards see the Industrial Concilia
tion and Arbitration A ct, section 92, page 1304 o f this Bulletin.]
(6) Statutory minimum wage.
In order to prevent persons being employed in factories without
reasonable remuneration in money, the following provisions shall
apply:— (1) Every person who is employed in any capacity in a factory
shall be entitled to receive from the occupier payment for the w ork at
such rate as is agreed on, being in no case less than 5s. [$1.22] per
week during the first year o f employment fo r every person under
twenty years o f age, with an annual increase o f not less than 3s.
[$0.73] per week during every succeeding year o f employment in the
same trade until twenty years o f age. (2) Such rate o f payment shall
in every case be irrespective o f overtime. [Factories A ct Amendment
A ct, 1902.]
In the employment o f every description o f skilled or unskilled man
ual labor fo r the purposes o f any public contract, the contractor shall
at all times be deemed to have agreed with his workers to observe such
length fo r the working-day, ana to pay such rates o f wages or other
remuneration fo r working-days and fo r overtime respectively, as are
generally considered in the locality to be usual and fair for the descrip
tion o f labor to which they relate, such length being at no time greater
nor such rates lower than those fixed fo r the same description o f labor
by or under any award or order o f the court o f arbitration existing at
the time the contract was entered into, whether the contractor was or
was not a party thereto or bound thereby: Provided that nothing in
this section or elsewhere in this act contained shall limit or affect the
rights o f the worker under any agreement with the contractor fo r the
observance o f a shorter length or the payment o f a higher rate than
those referred to in this section. [Public Contracts A ct, 1900.]
W henever the master, or any owner or agent o f any ship— (1) engages
seamen in the colony, or (2) having engaged them abroad employs them
in the colony,— such seamen, whilst so employed, shall be paid and
may recover the current rate o f wages fo r the time being ruling in the
colony, and in the form er case the engagement may be determined in
the colony at any time after the ship’s arrival at her final port o f dis
charge in the colony, consequent on the completion of a round voyage,
by twenty-four hours’ previous notice on either side. [Shipping and
Seamen’s A ct Amendment A ct, 1896.]
(T) Wages fo r overtime.
The prescribed number o f working-hours [8 hours underground]
may from time to time be exceeded, but on every such occasion wages
shall be paid fo r such extended hours at not less than one-fourth as
much again as the ordinarv rate. [Coal Mines A ct Amendment Act,
1901.]
Every person who is employed during such extended hours (a) under
this section shall be paid therefor at not less than one-fourth as much
« Limited for women and boys to 3 hours a day, 2 consecutive days a week, or an
aggregate of 30 days a year over the time prescribed for factories. See pages 1259
and 1260.
1270
BULLETIN" OF THE BUREAU OF LABOR.
again as the ordinary rate: Provided further that when the ordinary
rate is by time, and not by piecework, the overtime rate shall not be
less than 6d. [12 cents] per hour for those persons whose ordinary
wages do not exceed 10s. [$2.43] a week, and 9d. [18 cents] per hour
fo r all other persons so employed, and shall be paid at the first regular
pay-day thereafter. [Factories A ct, 1901.]
Where notice [i. e. previous notice that such overtime will be
required] is impracticable, the occupier shall, in addition to any pay
ment fo r overtime, provide every such woman or boy who resides at
a further distance than one mile from the factory either with a suffi
cient meal between the hour at which the factory ordinarily closes
and the hour at which the extension is to commence, or with an allow
ance o f not less than Is. [24 cents], such allowance to be paid on the
day on which such extension is to apply not later than the hour at which
the factory ordinarily closes. [Factories A ct Amendment Act, 1902.]
(8) Wages fo r holidays.
W ages fo r each whole or half holiday shall in the case o f each
woman or boy under eighteen years o f age be at the same rate as for
ordinary working-days, and shall be paid at the first regular pay-day
thereafter. [Factories A ct, 1901.]
2.— SPECIAL PROVISIONS FOR PROTECTING THE RATE OF WAGES.
(I) General.
In every contract hereafter to be made with any workman the wages
o f such workman shall be made payable in money only, and not other
wise, and, if by agreement, custom, or otherwise a workman is entitled
to receive, in anticipation o f the regular period o f the payment of his
wages, an advance as part or on account thereof, it shall not be lawful
for the employer to withhold such advance or make any deduction in
respect o f such advance on account o f poundage, discount, or interest,
or any similar charge.
No employer shall, directly or indirectly, by himself or his agent,
impose as a condition, express or implied, in or for the employment
o f any workman, any terms as to the place, or the manner in which,
or the person with whom any wages or portion o f wages paid to the
workman are or is to be expended.
The entire amount o f the wages earned b y or payable to any work
man shall be actually paid to such workman in money, and not other
wise, at intervals o f not more than one month if demanded. [Truck
A ct, 1891.]
It shall not be lawful fo r any employer to directly or indirectly
take or receive any money from any worker in his employ, whether
by way o f deduction from wages or otherwise howsoever, in respect
o f any policy o f insurance against injury b y accident. [W ages P ro
tection A ct, 1899.]
[There are exceptions to the last provision in certain cases where
board and lodging, aid in sickness, or other assistance is given by the
employer. Seamen and farm laborers as a class are excluded from its
effects.]
LABOB CONDITIONS IN NEW ZEALAND.
1271
{2) In mines.
W here the amount o f wages paid to any o f the persons employed in
a mine depends on the amount o f mineral gotten by them, such person
shall be paid according to the weight o f the mineral gotten by them.
Nothing herein contained shall preclude the owner, agent, or man
ager o f the mine from agreeing with the persons employed in such
mine that deductions shall be made in respect o f stones or materials
other than mineral contracted to be gotten which shall be sent out o f
the mine with such mineral, or in respect o f any tubs, baskets, or
hutches being improperly filled in those cases where they are filled by
the getter o f the mineral or his drawer, or by the person immediately
employed by him, such deductions being determined by the banksman
or weigher and check-weigher (if there be one), or, in case o f differ
ence, by a third party to be mutually agreed on by the owner, agent,
or manager o f the mine on the one hand and the person employed in
the mine on the other.
The persons who are employed in a mine to which this act applies,
and are paid according to the weight o f the mineral gotten by them,
may, at their own cost, station a person (in this act referred to as a
“ check-weigher” ) at the place appointed fo r the weighing o f such min
eral, in order to take an account o f the weight thereof. [Coal Mines
A ct, 1891.]
(3) In factories .
No premium in respect o f the employment of any person shall be
paid to or be received by the occupier, whether such premium is paid by
the person employed or by some other person. [Factories A ct, 1901.]
if) In case o f seamen.
W here a seaman has agreed with the master of a British ship for
payment o f his wages in British sterling or any other money, any
payment o f or on account o f his wages if made in other currency
than that stated in the agreement shall, notwithstanding anything in
the agreement, be made at the rate o f exchange fo r the money stated
in the agreement fo r the time being current at the place where the
payment is made. [Shipping and Seamen’s A ct Amendment A ct,
1894.]
The right to wages shall not be dependent on the earning o f freight;
and every seaman and apprentice who would be entitled to demand
and recover any wages i f the ship in which he has served had earned
freight, shall, subject to all other rules o f law and conditions appli
cable to the case, be entitled to claim and recover the same notwith
standing that freight has not been earned. [Shipping and Seamen’s
A ct, 1877.]
A ny agreement with a seaman made under section thirty-nine o f
the principal act may contain a stipulation fo r payment to or on behalf
o f the seaman, conditionally on ms going to sea in pursuance o f the
agreement, o f a sum not exceeding the amount o f one month’s wages
payable to the seaman under the agreement.
Save as authorized by this section, any agreement by or on behalf
o f the employer o f a seaman fo r the payment o f money to or on
behalf o f the seaman conditionally on his going to sea from any port
in the colony shall be void, and no money paid in satisfaction or in
1272
BULLETIN OF THE BUREAU OF LABOR.
respect o f any such agreement shall be deducted from the seaman’s
wages, and no person shall have any right o f action, suit, or set-off
against the seaman or his assignee in respect o f any money so paid or
purporting to have been so paid. [Shipping and Seamen’s A ct Amend
ment A ct, 1894.]
3 . — TIME AND PLACE OF PAYING WAGES.
(1) General.
In the absence o f an agreement in writing to the contrary, the entire
amount o f wages earned by or payable to any workman engaged or
employed in manual labor shall be paid to such workman at intervals
o f not more than one week. [W orkmen’s Wages A ct, 1893.]
I f any master or other person employing journeymen, workmen,
servants, or laborers, shall pay or cause any payment to be made to
any such journeymen, workmen, servants, or laborers in or at any
licensed premises, or in any house in which liquor shall be sold, he
shall fo r every such offense forfeit and pay any sum not exceeding £10
[$48.67]. [Licensing A ct, 1881.]
(#) In mines.
No wages or contract-money shall be paid to any person employed
in or about any mine to which this act applies at or within any publichouse, beer-shop, or place fo r the sale or any spirits, beer, wine, cider,
or other spirituous or fermented liquor, or other house o f entertain
ment, or any office, garden, or place belonging or contiguous thereto
or occupied therewith. [Coal Mines A ct, 1891.]
(3) In factories .
Such payment [of wages] shall be made in full at not more than
fortnightly intervals. [Factories A ct, 1901.]
{It) In case o f seamen.
In all cases where vessels are trading in the colony, and where ves
sels are engaged on time agreement, all wages earned shall be paid
monthly, on the first day o f the month or within seven days after, or
as soon thereafter as the vessel arrives at any port where there is a
branch o f any bank. [Shipping and Seamen’s A ct Amendment Act,
1894.]
In the case o f foreign-going ships the owner or master o f the ship
shall pay to each seaman on account, at the time when he lawfully
leaves the ship at the end o f his engagement, £2 [$9.73], or one-fourth
o f the balance due to him, whichever is least, and shall pay him the
remainder o f his wages within two clear days (exclusive o f any Sunday
or public holiday) after he so leaves the ship. [Shipping and Seamen’s
A ct Amendment A ct, 1885.]
4. — WAGES EXEMPT FROM ATTACHMENT.
No order attaching or charging the wages o f any workman shall be
made by any court, or any judge or magistrate, except * * * if
the amount o f wages exceeds at the rate o f £2 [$9.73] per week, any
LABOE CONDITIONS IN NEW ZEALAND.
1273
surplus above that sum shall be liable to attachment as before the
passing o f this act; but the costs or expenses of any such attachment
shall not be chargeable against the workman unless by virtue o f
such attachment the creditor shall recover a sum equal to or greater
than the amount o f such costs and expenses. [Wages Attachment
A ct, 1895.]
No wages due or accruing to any seaman or apprentice shall be sub
ject to attachment or arrestment from any court; and every payment
o f wages to a seaman or apprentice shall be valid in law, notwithstand
ing any previous sale or assignment o f such wages, or of any attach
ment, encumbrance, or arrestment thereon. [Shipping and Seamen’s
Act, 1877.]
5.— GENEEAL SECUEITY FOE WAGES.
[W ages are sometimes made a preferred claim against any property
o f the employer.]
(1) In case o f bankrupts.
A fter legal costs, assignee’s fees, and goods liable to distraint for
rent, wages take precedence as follows: (1) A ll wages or salary o f
any clerk or servant in respect o f services rendered to the bankrupt
during the whole or any part o f the four months immediately preced
ing the date o f the filing o f a debtor’s petition, or the filing o f a cred
itor’s petition on which an order o f adjudication is made not exceeding
£100 [$486.65]; (2) all wages o f any artisan, laborer, or workman,
whether skilled or unskilled, whether payable fo r time or piece work,
in respect o f services rendered to the bankrupt during the whole or
any part o f the four months immediately preceding the filing o f a
debtor’s petition, or the filing o f a creditor’s petition on which an order
o f adjudication is made, and not exceeding £50 [$243.33]; (3) any sum
ordered by the court to be paid out o f the bankrupt’s estate to or for
the use o f an apprentice, under section eighty-three o f this act.
Between themselves the debts mentioned in this subsection shall rank
equally, and shall be paid in full, unless the property o f the bankrupt
is insufficient to meet them, in which case they shall abate in equal
proportions between themselves.
A n y clerk, servant, artisan, laborer, or workman may, in addition
to his preferential claim for salary or wages as hereinafter provided,
prove and obtain a dividend on any elaim he may have fo r salary and
wages beyond that which is hereinafter made a preferential claim.
[Bankruptcy A ct, 1892.]
(2) In case o f companies.
In the distribution o f the assets o f any company being wound up
under “ The Companies A ct, 1882,” or any amendment thereof, there
shall be paid, in priority to other debts— (1) A ll wages or salary o f any
clerk or servant, in respect o f services rendered to the company during
four months before the commencement o f the winding-up, not exceeding
£50 [$243.33]; and (2) all wages o f any laborer or workman, in respect
o f services rendered to the company during two months before the
commencement o f the winding-up.
The foregoing debts shall rank equally among themselves, and shall
1274
BULLETIN OP THE BUREAU OP LABOR.
be paid in full, unless the assets o f the company are insufficient to meet
them, in which case they shall abate in equal proportions between
themselves. [Companies Acts Amendment A ct, 1893.]
6 .— SPECIFIC SECURITY FOR WAGES.
[Wages are made a preferred claim against a specific sum o f money
or a piece o f property designated by law.]
(7) Cha/rge agwinst moneys.
The wages due to workmen employed on any contract, work, or
undertaking shall, subject to the employer’s rights as mentioned in
section fifteen hereof, be a first and paramount charge upon the moneys
due to the contractor by the employer under or in respect o f the con
tract, w ork, or undertaking.
I f the employer pay the contractor in advance, then in any proceed
ings b y workmen against the employer under this act the employer
shall not be entitled to set off any such payments against the wages
due to and claimed by the workmen.
Every assignment, disposition, or charge (legal or equitable) made
or given by the contractor to any person whomsoever, other than his
workmen for wages due to them, o f or upon the moneys due or to
become due to him under or in respect o f the contract, work, or under
taking shall have no force or effect at law or in equity as against all
wages due and to accrue due to the workmen.
A ll moneys received by the contractor from the employer under or
in respect o f the contract, work, or undertaking shall not be liable to
be attached or charged, except by the workmen as hereafter mentioned,
until all wages due or to accrue due to the workmen have been fully
paid and satisfied; and the contractor shall apply all such moneys in
payment o f the wages due and to accrue due to the workmen. [ W orkmen’s W ages A ct, 1893.]
(#) Lien upon lands, buildings, and chattels.
A contractor, subcontractor, or workman who does or procures to
be done any work upon or in connection with any land, or any building
or other structure or permanent improvement upon land, or does or
procures to be done any work upon or in connection with any chattel,
is entitled to a lien upon the whole interest o f the employer in that
land or chattel.
The lien o f a workman * * * does not exceed the amount fo r
the time being payable to him fo r his work, whether he was employed
by the employer or by a contractor or subcontractor.
The lien o f a workman in respect o f one contract does not exceed
thirty days’ earnings.
The several liens and charges created by this act shall, as between
themselves, have priority in the order follow ing, that is to say:— (1)
The liens and charges o f workmen fo r wages; (2) the liens and charges
o f subcontractors; (3) the liens o f contractors.
When land upon which a lien attaches under this act is mortgaged
under a mortgage duly registered before the registration o f a lien
under this act against such land under the contract in respect o f which
the lien arises, the mortgage shall, unless the mortgagee is a party to
LABOR CONDITIONS IN NEW ZEALAND.
1275
the contract, have priority over the lien; but, if the mortgagee is a
party to the contract, the lien shall have priority. [Contractors’ and
Workmen’s Lien A ct, 1892.]
(3) Lien upon mining rights.
Every person who is employed by or under the holder o f any min
ing privilege (other than a business-site or residence-site) to work
thereon on wages or on contract shall, by force o f this act, have a lien
on such mining privilege (and also on any other mining privilege held
and worked in connection therewith by the same holder) for wages or
contract-moneys owing to him by reason o f such employment, and
such lien shall extend and operate in manner following, that is to say:—
(1) The lien shall extend to three months’ wages in the case o f a wagesman. (2) W here the lien is in respect o f wages owing by a contractor,
it shall operate only to the extent o f the amount owing under the con
tract to the contractor by the holder o f the mining privilege. (3) As
between wages-men and contractors, the lien o f a wages-man shall have
priority.
A duly registered lien under this act or the corresponding provisions
o f any form er mining act shall have priority over all other then exist
ing or subsequently created encumbrances, liens, or interests whatso
ever affecting the mining privilege to which such registered lien
relates. [Mining A ct, 1898.]
(4) Lien upon ships.
No seaman shall by any agreement, except as by this act provided,
forfeit his lien upon the ship, or be deprived o f any remedy fo r the
recovery o f his wages to which he would otherwise have been entitled;
and every stipulation in any agreement inconsistent with any provision
o f this act, and every stipulation by which any seaman consents to
abandon his right to wages in the case o f the loss o f the ship, or to
abandon anv right which he may have or obtain in the nature o f
salvage, shall be wholly inoperative.
In all cases where any court, justices o f the peace, or magistrate
has or have power to make an order directing payment to be made
o f any seaman’s wages, penalties, or other sums o f money, then, if
the party so directed to pay the same is the master or owner o f a snip,
and the same is not paid at the time and in manner prescribed in the
order, the court, justices, or magistrate who made tne order may, in
addition to any other powers they or he may have fo r the purpose o f
compelling payment, direct the amount remaining unpaid to be levied
by distress or poinding and sale o f the said Slip and her tackle.
[Shipping and Seamen’s Act, 1877.]
7 .— COMPENSATION FOR INJURIES.
(7) Application .
“ W orkm an” means any person, male or female, whether under or
over the age o f twenty-one years, who, under contract with an em
ployer, whether made before or after the passing o f the said act or this
act, contracts personally to do or perform any work or manual labor
o f any kind, whether technical, skilled, or unskilled, and whether such
1276
BULLETIN OF THE BUREAU OF LABOR.
contract be oral or in writing, express or implied. [Employers’ Liabil
ity A ct Amendment A ct, 1891.]
66W ork er” means any person o f any age or either sex who, under
contract with an employer, whether made before or after the coming
into operation o f this act, and whether oral or in writing, expressed
or implied, is engaged in any employment to which this act applies,
whether by way o f manual labor or otherwise, and whether his agree
ment is one o f service or apprenticeship or otherwise, and whether the
employment is on land, or on any ship or other vessel (of whatsoever
kind and howsoever propelled) in any navigable or other waters within
New Zealand or the jurisdiction thereof.
This act shall apply only to employment by the employer on or in
or about— (1) A n y industrial, commercial, or manufacturing work
carried on by or on behalf o f the employer as part o f his trade or
business; or (2) any mining, quarrying, engineering, building, or
other hazardous work carried on by or on behalf o f the employer,
whether as a part o f his trade or business or not; or (3) any work
carried on by or on behalf o f the Crown or any local authority as the
employer, if the work would, in the case o f a private employer, be an
employment to which this act applies. [W orkers’ Compensation for
Accidents A ct, 1900.]
From and after the commencement o f this act the principal act shall
apply to the employment o f workers in agriculture. [W orkers’ Com
pensation fo r Accidents A ct Amendment A ct, 1902.]
(#) Conditions establishing right to compensation.
W here, after the commencement o f this act, personal injury is
caused to a workman— (1) B y reason o f any defect in the condition
o f the ways, works, machinery, or plant connected with or used in the
business o f the em ployer; or (2) by reason o f the negligence o f any
person in the service o f the employer who has any superintendence
intrusted to him, whilst in the exercise o f that superintendence; or (3)
by reason o f the negligence o f any person in the service o f the
employer to whose orders or directions the workman at the time o f
the injury was bound to conform , where such injury resulted from his
having so conformed; or (1) by reason o f the act or omission o f any
person in the service o f the employer done or made in obedience to
the rules or by-laws o f the employers, or in obedience to particular
instructions given by any person delegated with the authority o f the
employer in that behalf; or (5) by reason o f the negligence o f any
person in the service o f the employer who has the cnarge or control
o f any signal, point, locomotive engine, or train upon a railway.
[Employers’ Liability A ct, 1882.]
I f in any employment to which this act applies personal injury by
accident arising out o f and in the course o f the employment is caused
to a worker, his employer shall, subject as hereinafter mentioned, be
liable to pay compensation. [W orkers’ Compensation for Accidents
A ct, 1900.]
The employer shall not be liable under this act in respect o f any
injury which does not disable the worker fo r a period o f at least one
week from earning full wages at the work at which he was employed,
nor in respect o f an injury which is proved to be directly attributable
to the serious and willful misconduct o f the worker. [W orkers’ Com
pensation fo r Accidents A ct Amendment A ct, 1902.]
LABOR CONDITIONS IN NEW ZEALAND.
1277
(3) Amount o f compensation.
The amount o f compensation recoverable under this act shall not
exceed £500 [$2,433] in respect o f any one cause o f action. [Employers’
Liability A ct Amendment A ct, 1891.]
The compensation to which a worker is entitled under the principal
act in respect o f his total or partial incapacity shall be a weekly pay
ment not exceeding fifty per centum o f nis average weekly earnings,
calculated on the period during which he was at work during the pre
vious twelve months, if he has been so long in the employment o f the
same employer; but if not, then for such less period during which he
has been in the employment o f the same employer.
Such payment shall be made during the incapacity o f the worker,
but shall not exceed £2 [$9.73] per week, and the total liability o f
the employer in respect o f such compensation shall not exceed £300
[$1,460]. [W orkers’ Compensation fo r Accidents A ct Amendment
A ct, 1902.]
W here death results from the injury, if the worker leaves any
dependants wholly dependent upon his earnings at the time of his
death, the compensation shall be a sum equal to his earnings in the
employment o f the same employer during the three years next pre
ceding the injury, or the sum o f £200 [$973], whichever o f those sums
is the larger, but not exceeding in any case £400 [$1,947]: Provided
that the amount o f any weekly payments made under this act shall
be deducted from such sum, ana if the period o f the worker’s employ
ment has been less than the said three years, then the amount o f his
earnings during the said three years shall be deemed to be 156 times
his average weekly earnings during the period o f his actual employ
ment. [W orkers’ Compensation fo r Accidents A ct, 1900.]
(4) General security fo r compensation.
W here any employer becomes liable, either under this act or inde
pendently o f this act, to pay compensation or damages in respect of
any accident, and is entitled to any sum from insurers in respect o f
the amount due to a worker under such liability, then, in the event
o f the employer becoming bankrupt or making a composition or
arrangement with his creditors, or, if the employer is a company, o f
the company being wound up, such worker shall, by force o f this act,
have a first charge upon the sum aforesaid for the amount so due.
[W orkers’ Compensation for Accidents A ct, 1900.]
(5) Special security fo r compensation.
W here the accident in respect whereof the claim arises occurred in
the course o f his employment in or about a mine, factory, building, or
vessel:— A t and from the time when the accident occurred, the amount
o f compensation or damages to which he may become entitled, whether
under this act or independently o f this act, shall, by force o f this act,
and notwithstanding tnat such amount is unadjusted or unascertained,
be deemed to be a charge in his favor on his employer’s estate or
interest in such mine, factory, building, or vessel, and the plant,
machinery, tackle, and appliances in or about the same; and also in
the land whereon such mine, factory, or building is situate, or whereto
it appertains.
150— No. 49— 03----- 10
1278
BULLETIN OF THE BUREAU OF LABOR.
Every such charge shall have priority over all existing or subsequent
charges or encumbrances howsoever created. [W orkers5 Compensa
tion for Accidents A ct, 1900.]
III. —PROCEDURE AND PENALTIES.
1 .— PROCEDURE BEFORE ORDINARY COURTS.
(1) Summary procedure to enforce liens and recover penalties.
Claims under this act may be enforced, and questions and disputes
between persons claiming a lien or charge under this act and any other
person or persons liable, or alleged to be liable, to pay any amount
claimed, or otherwise interested in any property or money which may
be affected by a lien or charge, or claim o f lien or charge, and also
between persons or classes o f persons claiming a lien or charge, may
be settled upon application in a summary manner to any court having
jurisdiction in the matter as declared by this act. [Contractors’ and
Workmen’s Lien A ct, 1892.]
A ll penalties under this act may be recovered in a summary way
before a resident magistrate or two or more justices o f the peace, in
accordance with “ The Justices o f the Peace A ct, 1882.” [Truck A ct,
1891.]
A ll penalties imposed by this act may be recovered summarily
before two or more justices o f the peace under “ The Justices o f the
Peace A ct, 1882,” at the suit o f the inspector or at the suit o f any other
officer authorized in that behalf by the minister. [Coal Mines A ct,
1891.]
W here any person is charged with an offense against this act, such
charge shall be heard and all penalties imposed by this act shall be
recovered in a summary way before a stipendiary magistrate. [Shops
and Shop-assistants A ct, 1894.]
A ll onenses and penalties under this act may be prosecuted and
recovered in a summary way, in the manner directed by “ The Justices
o f the Peace A ct, 1886,” or any acts amending the same. [Trade Union
A ct, 1878.]
A ll proceedings in respect o f offenses against this act shall be taken
in a summary way on the information or complaint o f an inspector,
and shall beneard before a stipendiary magistrate alone. [Factories
A ct, 1901.]
(#) Procedure not void fo r want o f form .
A conviction or order made in any matter arising under this act,
either originally or on appeal, shall not be quashed for want o f form.
[Shops and Shop-assistants A ct, 1894.]
A notice under this section shall not be deemed invalid by reason o f
any defect or inaccuracy therein, unless the magistrate or judge who
tries the action arising from the injury mentioned in the notice shall
be o f opinion that the defendant in the action is prejudiced in his
defense by such defect or inaccuracy, and that the defect o f inaccuracy
was fo r the purpose o f misleading. [Employers’ Liability A ct, 1882.]
In any information or complaint under this act it is sufficient to
describe the offense in the words o f this act, and no exemption, p ro
viso, excuse, or qualification accompanying the description o f the
offense in this act need be specified or negatived. [Trade Union A ct,
1878.]
LABOR CONDITIONS IN NEW ZEALAND.
1279
(3) Preference to lower courts.
Every action for the recovery o f compensation under this act shall be
brought in any court o f competent jurisdiction, but may, with the con
sent o f both parties, be brought in a resident magistrate’s court, not
withstanding the amount claimed m a y b e beyond his ordinary juris
diction; and such magistrate is hereby empowered to hear and deter
mine any such case. [Employers’ Liability A ct, 1882.]
Notwithstanding anything to the contrary in any act contained, there
shall be no right o f appeal to the supreme or any other court from the
order or determination o f any stipendiary magistrate made under this
act. [Shearers’ Accommodation Act, 1898.]
2.— CONCILIATION AND ARBITRATION.
[For the law governing this subject see the Industrial Conciliation
and Arbitration A ct, pages 1282 to 1811 o f this Bulletin. In addition
to the provisions o f this act regulating procedure before the arbitra
tion court are the following from the W orkers’ Compensation for
Accidents A ct, 1900, and the amendment act o f 1903.]
I f in any proceedings under this act any question arises as to the
liability to pay compensation under this act, or as to the amount or
duration o f compensation under this act, or as to whether the employ
ment is one to which this act applies, the question, if not settled by
agreement, shall, subject to the provisions o f the second schedule to
this act, be settled as an industrial dispute by the arbitration court
under the Industrial Arbitration Act. [W orkers’ Compensation for
Accidents A ct, 1900.]
Notwithstanding anything in the principal act, all proceedings under
that act shall, where the claim for compensation does not exceed £200
, be heard and determined by a stipendiary magistrate, whose
on shall, subject to the next succeeding subsection, be final.
Either party to the proceedings may— where the claim does not exceed
£50 [$243.33], with the leave o f the magistrate; or where the claim
exceeds £50 [$243.33], without such leave— appeal from the decision
o f the magistrate on any point o f law.
Such appeal shall be made to the court o f arbitration in the manner
provided by “ The Magistrates’ Courts A ct, 1893,” in cases o f appeal
to the supreme court on point o f law, and the provisions o f that
act relating to such appeals shall, mutatis mutandis, apply to appeals
under this section. [W orkers’ Compensation for Accidents Amend
ment A ct, 1903.]
E
3.— GENERAL PENALTIES.
(1) Fines.
W here any woman, or person under the age o f eighteen years, is
employed in or about any shop contrary to the provisions o f this act,
the shopkeeper shall be liable to a penalty not exceeding £2 [$9.73]
fo r each person so employed.
[Shops and Shop-assistants A ct,
1894.]
A trade union which fails to give any notice or send any document
which it is required by this act to give or send, and every officer or
other person bound by the rules thereof to give or send the same, or,
if there be no such officer, then every member of the committee o f
1280
BULLETIN OF THE BUREAU OF LABOR.
management o f the union, unless proved to have been ignorant o f or
to have attempted to prevent the omission to give or send the same, is
liable to a penalty o f not less than £1 [$4.87J and not more than £5
[$21.83], recoverable at the suit o f the registrar or o f any person
aggrieved, and to an additional penalty o f the like amount fo r each
week during which the omission continues. [Trade Union A ct, 1878.]
Every person who commits any breach o f any provision o f the prin
cipal act, fo r which no specific penalty is provided by that act, is liable
to a; penalty not exceeding £5 [$21.33]. [Shops and Shop-assistants
A ct Amendment A ct, 1895.]
I f any person, being a license-holder, fails or neglects to comply
with any o f the provisions o f this act, or, being a license-holder or
not, commits a breach o f any o f the provisions o f this act, he is liable
to a penalty not exceeding £5 [$21.33]. [Servants’ Registry Offices
Act, 1895.]
I f any workman is employed in breach o f this act, the person or
company employing him, and also, where the employer is a company,
the mine-manager and every director thereof, are severally liable to a
penalty not exceeding £5 [$21.33]. [Sunday Labor in Mines Preven
tion A ct, 1897.]
Every person who willfully violates or neglects any provision of this
act, or any general or special rule established hereby or hereunder, for
the violation or neglect o f which no penalty is hereby expressly im
posed, shall fo r every such offense be liable to a penalty not exceeding
£10 [$18.67]. [Coal Mines A ct, 1891.]
Every person who commits any offense against this act fo r which no
specific penalty is elsewhere provided is liable to a penalty not exceed
ing £10 [$18.67] fo r each such offense, and if the offense is a contin
uing one, then to a further penalty not exceeding £5 [$21.33] for each
day on which the offense is continued after the first day. [Factories
A ct, 1901.]
F or the purpose o f carrying out the provisions of this act, every
inspector shall nave the right o f ingress and egress to and from every
shearing-shed; and any person obstructing any inspector in the exer
cise o f his duty, or refusing him ingress or egress, shall be liable to a
penalty o f not exceeding £20 [$97.33].
A n y employer who shall fail to com ply with any such order [of an
inspector in regard to shearers’ quarters not complying with the law]
within such time as shall be thereby appointed shall be liable to a pen
alty o f not exceeding £25 [$121.66], and to a further penalty o f not
exceeding £2 [$9.73] per day fo r every day during which such default
shall continue. [Shearers’ Accommodation A ct, 1898.]
I f the employer o f any workman shall, by himself or the agency of
another person or persons, directly or indirectly enter into any con
tract or make any payment hereby declared to be illegal and void
wholly or in part, or if the employer or his agent contravenes or fails
to comply with any o f the foregoing provisions o f this act, such
employer or agent, as the case may be, shall be deemed guilty o f an
offense, and be liable to the follow ing penalties: F or the first offense,
a penalty not exceeding £10 [$48.67]; fo r the second offense, a penalty
not exceeding £25 [$121.66]; and fo r a third or any subsequent offense,
a penalty not exceeding £50 [$243.33]. [Truck A ct, 1891.]
Every contractor who sublets any part o f the work to be done by
him under any contract shall immediately upon entering into any sub
LABOB CONDITIONS IN NEW ZEALAND.
1281
contract give written notice to the employer, stating the name o f the
subcontractor, the work to be done by him, the amount of the sub
contract, and the mode o f payment.
I f any contractor shall fail to comply with this provision, he shall
be liable to a penalty not exceeding £50 [$243.33], to be recovered in
a summary way under “ The Justices o f the Peace A ct, 1882.” [Con
tractors’ and W orkmen’s Lien A ct, 1892.]
[For the provisions o f the Industrial Conciliation and Arbitration
A ct imposing fines see sections 100 (2), 103, and 104 o f the act, pages
1307 and 1308 o f this Bulletin.]
(#) Fine or imprisonment.
Every person who shall combine or agree in a manner forbidden by
this section [to strike without previous notice against an employer
supplying gas, electric light, or water to a community] shall be liable
to a penalty not exceeding £10 [$48.67], or to be imprisoned for a
term not exceeding one month with or without hard labor. [Con
spiracy Law Amendment A ct, 1894.]
I f the employer or contractor shall, by himself or the agency o f any
other person or persons, contravene, or, without good reason, fail to
comply with any o f the provisions o f this act, such employer, con
tractor, or agent shall be deemed guilty o f an offense under this act,
and be liable to a penalty not exceeding £50 [$243.33], or, in default
o f payment thereof, to imprisonment, with or without hard labor, for
a period not exceeding three months. [W orkm en’s W ages A ct, 1893.]
(3) Misdemeanor.
I f any person with intent to mislead or defraud gives to any mem
ber o f a trade union registered under this act, or to any person intend
ing or applying to become a member o f such trade union, a copy of
any rules or o f any alterations or amendments o f the same other than
those respectively which exist for the time being, on the pretense
that the same are the existing rules o f such trade union, or that there
are no other rules o f such trade union, or if any person with the intent
aforesaid gives a copy o f any rules to any person on the pretense that
such rules are the rules o f a trade union registered under this act
which is not so registered, every person so offending shall be deemed
guilty o f a misdemeanor. [Trade Union A ct, 1878.]
(4) Punishment o f apprentices.
A ny two justices o f the peace, upon application or complaint made
on oath by any master against any apprentice concerning any breach
o f duty, disobedience, or ill-behavior in his service, shall hear, exam
ine, and determine the same in a summary way, and may, if they
think fit, punish the offender by commitment to solitary confinement
in any jail fo r any time not exceeding three days: Provided always
that such punishment shall in no case be inflicted upon any apprentice
under fourteen years o f age, or upon any female apprentice. [Master
and Apprentice A ct, 1865.]
THE INDUSTRIAL
CONCILIATION AND ARBITRATION ACT OF
NEW ZEALAND.
The Bureau is in receipt from time to time o f many inquiries in
regard to the Industrial Conciliation and Arbitration A ct o f New
Zealand, better known in this country as the 41Compulsory arbitration
law.” Owing to these numerous inquiries and requests for copies o f
the law, and to the fact that the law as printed in Bulletin No. 33
o f this Bureau has since been twice changed, first by the act o f
October 20,1900, which consolidated all the previous acts and reenacted
them with amendments, and later by the amendment act o f November
7, 1901, it has seemed best to reproduce here the acts now in force,
in order that they may be accessible to those desiring to be informed
in regard to the details o f the New Zealand law on this subject.
The original act was The Industrial Conciliation and Arbitration
A ct of August 31, 1894. This act was successively amended by the
acts o f October 18, 1895, October 17, 1896, and November 5, 1898.
It was the law as it stood after the amendment act o f 1898 that was
published in Bulletin No. 33.
A copy o f the act as it now stands is given below. It has been
thought preferable to reproduce the act o f 1900, now called the
“ principal act,” incorporating in it all the changes provided for by
the amendment act, rather than to print the two acts separately and
thus leave to the reader the task o f determining the present status of
the provisions. A ll changes in the principal act which are due to
the amendment act o f 1901 are carefully indicated by footnotes.
1. The short title o f this act is 44The Industrial Conciliation and
Arbitration A ct, 1900.”
(1 ) PRELIMINARY.
Interpretation .
2. In this act, if not inconsistent with the context— 44Board” means
a board o f conciliation for an industrial district constituted under this
act:
44C ourt” means the court o f arbitration constituted under this act:
44E m ployer” includes persons, firms, companies, and corporations
employing one or more workers:
44Industrial dispute” means any dispute arising between one or
more employers or industrial unions or associations o f employers and
one or more industrial unions or associations o f workers in relation to
industrial matters:
44Industrial matters” means all matters affecting or relating to work
1282
NEW ZEALAND CONCILIATION AND ARBITBATION ACT.
1283
done or to be done by workers, or the privileges, rights, and duties of
employers or workers in any industry, not involving questions which
are or may be the subject o f proceedings for an indictable offense;
and, without limiting the general nature o f the above definition,
includes all matters relating to—
(a) The wages, allowances, or remuneration of workers employed
in any industry, or the prices paid or to be paid therein in respect of
such employment;
(b) The hours o f employment, sex, age, qualification, or status of
workers, and the mode, terms, and conditions o f employment;
(c) The employment o f children or young persons, or o f any person
or persons or class o f persons, in any industry, or the dismissal o f or
refusal to employ any particular person or persons or class of persons
therein;
(d) The claim o f members o f an industrial union o f employers to
preference o f service from unemployed members of an industrial union
o f workers;
(e) The claim o f members o f industrial unions of workers to be
employed in preference to nonmembers;
(f) A n y established custom or usage o f any industry, either gener
ally or in the particular district affected:
44Industrial association” means an industrial association registered
under this act:
u Industrial union” means an industrial union registered under this
act:
44Industry” means any business, trade, manufacture, undertaking,
calling, or employment in which workers are employed:
44Officer” means president, vice-president, treasurer, or secretary:
44Prescribed” means prescribed by regulations under this act:
44Registrar ’’ means the registrar o f industrial unions under this act:
44Supreme court office” means the office o f the supreme court in the
industrial district wherein any matter arises to which such expression
relates; and, where there are two such offices in any such district, it
means the office which is nearest to the place or locality wherein any
such matter arises:
64Trade union” means any trade union registered u n der44The Trade
Union A ct, 1878,” whether registered under that act before the passing
o f the principal act or not. (a)
44W o rk e r” means any person o f any age, o f either sex, employed
by any employer to do any skilled or unskilled manual or clerical work
for hire or reward. (b)
Administration .
3. The minister fo r labor shall have the general administration o f
this act.
4. The registrar shall be the person who for the time being holds
the office o f secretary fo r labor, or such other person as the governor
from time to time appoints to be registrar.
« This paragraph was added by the amendment act of 1901.
&The words “ m any in du stry/’ which were in the principal act, were stricken out
by the amendment act of 1901.
1284
BULLETIN OF THE BUREAU OF LABOR.
(2) REGISTRATION.
Industrial unions.
5.
Subject to the provisions of this act, any society consisting o f
not less than two persons in the case o f employers, or seven in the
case of workers, lawfully associated fo r the purpose o f protecting or
furthering the interests o f employers or workers in or in connection
with any specified industry or industries in the colony, may be regis
tered as an industrial union under this act on compliance with the
follow ing provisions:
(1) A n application for registration shall be made to the registrar in
writing, stating the name o f the proposed industrial union, and signed
by two or more officers o f the society.
(2) Such application shall be accompanied by (a) a list o f the mem
bers and officers o f the society, (b) two copies o f the rules o f the
society, (c) a copy o f a resolution passed by a majority o f the mem
bers present at a general meeting o f the society, specially called in
accordance with the rules fo r that purpose only, and desiring regis
tration as an industrial union o f employers, or, as the case may be, o f
workers.
(3) Such rules shall specify the purposes fo r which the society is
formed, and shall provide for—
(a) The appointment o f a committee o f management, a chairman,
secretary, and any other necessary officers, and, if thought fit, o f a
trustee or trustees:
(b) The power, duties, and removal o f the committee, and o f any
chairman, secretary, or other officer or trustee, and the mode o f sup
plying vacancies:
(c) The manner o f calling general or special meetings, the quorum
thereat, the powers thereof, and the manner o f voting thereat:
(d) The mode in which industrial agreements and any other instru
ments shall be made and executed on behalf o f the society, and in what
manner the society shall be represented in any proceedings before a
board or the court:
(e) The custody and use o f the seal, including power to alter or
renew the same:
(f) The control o f the property, the investment of the funds, and an
annual or other shorter periodical audit o f the accounts:
(g) The inspection o f the books and the names o f the members by
every person having an interest in the funds:
(h) A register o f members, and the mode in which and the terms on
which persons shall become or cease to be members, and so that no
member shall discontinue his membership without giving at least three
months’ previous written notice to the secretary o f intention so to do,
nor until such member has paid all fees, fines, levies, or other dues
ayable by him under the rules, except pursuant to a clearance card
uly issued in accordance with the rules:
(i)
The purging o f the rolls by striking off any members in arrears
o f dues fo r twelve months; but this is not to free such discharged
person from arrears due:
(j)
The conduct o f the business o f the society at some convenient
address to be specified, and to be called “ the registered office nf the
society: ”
(k) The amendment, repeal, or alteration o f the rules, but so that
S
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
12S5
the foregoing requisites o f this subsection shall always he provided
for:
(1) A ny other matter not contrary to law.
[4.] W here a company registered out o f New Zealand is carrying
on business in New Zealand through an agent acting under a power o f
attorney, such company may be registered as an industrial union o f
employers, and in such case the provisions o f this section shall be
deemed to be complied with if the application to register is made
under the hand o f the agent fo r the company, and is accompanied by—
(1) Satisfactory evidence o f the registration or incorporation o f the
company;
(2) Two copies o f its articles o f association or rules;
(3) The situation o f its registered office in New Zealand;
(4) A copy o f the power o f attorney under which such agent is
acting; and
(5) A statutory declaration that such power of attorney has not
been altered or revoked. (a)
6. (1) On being satisfied that the society is qualified to register
under this act, and that the provisions o f the last preceding section
hereof have been complied with, the registrar shall, without fee, reg
ister the society as an industrial union, pursuant to the application,
and shall issue a certificate o f registration, which, unless proved to
have been cancelled, shall be conclusive evidence of the fact o f such
registration, and o f the validity thereof.
(2)
The registrar shall at the same time record the rules, and also
the situation o f the registered office.
7. (1) Every society registered as an industrial union shall, as from
the date o f registration, but solely for the purposes o f this act, become
a body corporate by the registered name, having perpetual succession
and a common seal, until the registration is canceled as hereinafter
provided.
(2)
There shall be inserted in the registered name of every industrial
union the word “ em ployers” or “ workers,” according as such union is
a union o f employers or workers, and also (except in the case o f an
incorporated company) the name o f the industry in connection with
which it is formed, ana the locality in which the majority o f its mem
bers reside or exercise their calling, as thus: “ The [Christchurch
Grocers’] Industrial Union o f E m ployers;” “ The [Wellington Tramdrivers’] Industrial Union o f W orkers.”
8. W ith respect to trade unions registered under “ The Trade Union
A ct, 1878,” the follow ing special provisions *shall apply, anything
hereinbefore contained to the contrary notwithstanding:
(1) A n y such trade union may be registered under this act by the
same name (with the insertion o f such additional words as aforesaid).
(2) F or the purposes o f this act every branch o f a trade union shall
be considered a distinct union, and may be separately registered as an
industrial union under this act.
(3) F or the purposes o f this act the rules for the time being o f the
trade union, with such addition or modification as may be necessary
to give effect to this act, shall, when recorded by the registrar, be
deemed to be the rules o f the industrial union.
a This section, numbered [4], was added b y the amendment act of 1901.
1286
BULLETIN OF THE BUREAU OF LABOR.
9. W ith respect to the registration o f societies of employers the
follow ing special provisions shall apply:
(1) In any case where a copartnership firm is a member of the society,
each individual partner residing in the colony shall be deemed to be a
member, and the name o f each such partner (as well as that o f the
firm) shall be set out in the list o f members accordingly, as thus:
“ Watson, Brown, and Company, o f W ellington, boot manufacturers;
the firm consisting o f four partners, o f whom the following reside in
New Zealand, that is to say, John Watson, o f W ellington, and Charles
Brown, o f Christchurch:”
Provided that this subsection shall not apply where the society to
be registered is an incorporated company.
(2) Except where its articles or rules expressly forbid the same, any
company incorporated under any act may be registered as an industrial
union o f employers, and in such case the provisions o f section five
hereof shall be deemed to be sufficiently complied with if the applica
tion fo r registration is made under the seal or the company, and pur
suant to a resolution o f the board o f directors, and is accompanied by—
(a) A copy o f such resolution;
(b) Satisfactory evidence o f the registration or incorporation o f the
company;
(c) Two copies o f the articles o f association or rules o f the company;
(d) A list containing the names o f the directors, and o f the manager
or other principal executive officer o f the company;
(e) The situation o f the registered office o f the company.
(3) In so far as the articles or rules o f any such incorporated com
pany are repugnant to this act, they shall, on the registration o f the
company as an industrial union o f employers, be construed as applying
exclusively to the company and not to the industrial union.
10. In no case shall an industrial union be registered under a name
identical with that by which any other industrial union has been regis
tered under this act, or by which any other trade union has been reg
istered under “ The Trade Union A ct, 1878,” or so nearly resembling
any such name as to be likely to deceive the members or the public.
11. In order to prevent the needless multiplication o f industrial
unions connected with the same industry in the same locality or
industrial district, the follow ing special provisions shall apply:
(1) The registrar may refuse to register an industrial union in any
case where he is o f opinion that in the same locality or industrial dis
trict and connected with the same industry there exists an industrial
union to which the members o f such industrial union might conveniently
belong:
Provided that the registrar shall forthwith notify such registered
industrial union that an application for registration has been made.
(2) Such industrial union, if dissatisfied with the registrar’s refusal,
may in the prescribed manner appeal therefrom to the court, where
upon the court, after making full inquiry, shall report to the registrar
whether in its opinion his refusal should be insisted on or waived, and
the registrar shall be guided accordingly:
Provided that it shall lie on the industrial union to satisfy the court
that, owing to distance, diversity o f interest, or other substantial rea
son, it will be more convenient for the members to register separately
than to join any existing industrial union.
12. The effect o f registration shall be to render the industrial union,
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1287
and all persons who are members thereof at the time o f registration,
or who after such registration become members thereof, subject to the
jurisdiction by this act given to a board and the court respectively,
and liable to all the provisions o f this act, and all such persons shall
be bound by the rules o f the industrial union during the continuance
of their membership.
13. (1) Copies o f all amendments or alterations of the rules of an
industrial union shall, after being verified by the secretary or some
other officer o f the industrial union, be sent to the registrar, who shall
record the same upon being satisfied that the same are not in conflict
with the requirements o f this act.
(2) A printed copy o f the rules o f the industrial union shall be
delivered by the secretary to any person requiring the same on pay
ment o f a sum not exceeding one shilling [24 cents].
(3) In all proceedings affecting the industrial union, prima facie
evidence o f the rules and their validity may be given by the produc
tion o f what purports to be a copy thereof, certified as a true copy
under the seal o f the union and the hand o f the secretary or any other
officer thereof.
14. (1) In addition to its registered office, an industrial union may
also have a branch office in any industrial district in which any o f its
members reside or exercise their calling.
(2) Upon application in that behalf by the union, under its seal and
the hand o f its chairman or secretary, specifying the situation o f the
branch office, the registrar shall record the same, and thereupon the
branch office shall be deemed to be registered.
(3) The situation o f the registered office and o f each registered
branch office o f the industrial union may be changed from time to
time by the committee o f management, or in such other manner as the
rules provide.
(4) Every such change shall be forthwith notified to the registrar
by the secretary o f the union, and thereupon the change shall be
recorded by the registrar.
15. A ll fees, fines, levies, or dues payable to an industrial union by
any member thereof under its rules may, in so far as they are owing
for any period o f membership subsequent to the registration of the
society under this act, be sued fo r and recovered in the name of
the union in any court o f competent jurisdiction by the secretary or
the treasurer o f the union, or by any other person who is authorized
in that behalf by the committee o f management or by the rules.
16. A n industrial union may purchase or take on lease, in the name
o f the union or o f trustees for the union, any house or building, and
any land not exceeding five acres, and may sell, mortgage, exchange,
or let the same or any part thereof; and no person shall be bound to
inquire whether the union or the trustees have authority fo r such sale,
mortgage, exchange, or letting; and the receipt o f the union or the
trustees shall be a discharge for the money arising therefrom.
17. (1) In the month o f January in every year there shall be fo r
warded to the registrar by every industrial union a list o f the mem
bers and officers (including trustees) o f such union, as at the close of
the last preceding month:
Provided that in the case o f an incorporated company it shall be suf
ficient if the list contains the names o f the directors and o f the man
ager or other principal executive officer o f the company:
1288
BULLETIN OF THE BUREAU OF LABOR.
Provided further that an industrial union of workers shall not re
turn as a member any worker whose subscription is twelve months in
arrears.
(2) Each such list shall be verified by the statutory declaration o f the
chairman or secretary o f the union.
(3) Such statutory declaration shall be prima facie evidence o f the
truth o f the matters herein set forth.
(4) Every industrial union making default in duly forwarding such
list commits an offense against this act, and is liable to a penalty not
exceeding two pounds [$9.73] fo r every week during which such default
continues.
(5) Every member o f the committee o f management o f any such
union who willfully permits such default commits an offense against
this act, and is liable to a penalty not exceeding five shillings [$1.22]
for every week during which he willfully permits such default.
(6) Proceedings fo r the recovery o f any such penalty shall be taken
in a summary way under “ The Justices o f the Peace A ct, 1882,” on
the information or complaint o f the registrar, and the amount recov
ered shall be paid into the public account and form part o f the consoli
dated fund:
Provided that before taking the proceedings the registrar shall give
at least fourteen days5 notice to the offending parties of his intention
so to do.
I f an industrial union makes default in forwarding to the registrar
the returns required by this section, and the registrar has reasonable
cause to believe that the union is defunct, he may send by post to the
last known officers o f the union a letter calling attention to the default,
and inquiring whether the union is in existence. (a)
I f within two months after sending such letter the registrar does
not receive a reply thereto, or receives a reply from any one or more
o f the officers to the effect that the union has ceased to exist, he may
insert in the Gazette, and send to the last known officers o f the union,
a notice declaring that the registration o f the union will, unless cause
to the contrary is shown, be cancelled at the expiration o f six weeks
from the date o f such notice. (a)
A t the expiration o f the time mentioned in the notice the registrar
may, unless cause to the contrary is shown, strike the name o f the
union off the register, and shall publish notice thereof in the Gazette,
and thereupon the registration o f the union shall be canceled. (a)
(7) It shall be the duty o f the registrar to supply to parliament,
within thirty days after its meeting in each year, a return showing the
number o f members in each industrial union registered under the act.
18. E very industrial union may sue or be sued fo r the purposes o f
this act by the name by which it is registered; and service o f any proc
ess, notice, or document o f any kind may be effected by delivering the
same to the chairman or secretary o f such union, or by leaving the
same at its registered office (not being a branch office), or by posting
the same to such registered office in a duly registered letter addressed
to the secretary o f the union.
19. Deeds and instruments to be executed by an industrial union
for the purposes o f this act may be made and executed under the seal
o f the union and the hands o f the chairman and secretary thereof, or
in such other manner as the rules o f the union prescribe.
« This paragraph was added by the amendment act of 1901.
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1289
20. A n y industrial union may at any time apply to the registrar in
the prescribed manner for a cancellation o f the registration thereof,
and thereupon the follow ing provisions shall apply:
(1) The registrar, after giving six weeks’ public notice of his inten
tion to do so, may, by notice in the Gazette, cancel such registration:
Provided that in no case shall the registration be canceled during
the progress o f any conciliation or arbitration proceedings affecting
such union until the board or court has given its decision or made its
award, nor unless the registrar is satisfied that the cancellation is
desired by a majority o f the members o f the union.
(2) The effect o f the cancellation shall be to dissolve the incorpora
tion o f the union, but in no case shall the cancellation or dissolution
relieve the industrial union, or any member thereof, from the obliga
tion o f any industrial agreement, or award or order o f the court, nor
from any penalty or liability incurred prior to such cancellation.
The registrar may, in any matter arising in or out o f the perform
ance o f his duties, state a case fo r the advice and opinion o f the
court. (a)
Industrial associations.
21. A n y council or other body, however designated, representing
not less than two industrial unions o f the one industry o f either
employers or workers may be registered as an industrial association
o f employers or workers under this act.
22. A ll the provisions o f this act relating to industrial unions, their
officers and members, shall, mutatis mutandis, extend and apply to an
industrial association, its officers and members, and these provisions
shall be read and construed accordingly in so far as the same are
applicable:
Provided that an industrial association shall not be entitled to nomi
nate or vote for the election o f members o f a board, or to recommend
the appointment o f a member o f the court.
(3 ) INDUSTRIAL DISPUTES IN RELATED TRADES.
23. (1) A n industrial dispute may relate either to the industry in
which the party by whom the dispute is referred for settlement to a
board or the court, as hereinafter provided, is engaged or concerned,
or to any industry related thereto.
(2) A n industry shall be deemed to be related to another where both
o f them are branches o f the same trade, or are so connected that indus
trial matters relating to the one may affect the other: thus, bricklaying,
masonry, carpentering, and painting are related industries, being all
branches o f the building trade, or being so connected as that the con
ditions o f employment or other industrial matters relating to one o f
them may affect the others.
(3) The governor may from time to time, by notice in the Gazette,
declare any specified industries to be related to one another, and such
industries shall be deemed to be related accordingly.
(4) The court shall also in any industrial dispute have jurisdiction to
declare industries to be related to one another.
(5) W here an industrial union o f workers is party to an industrial
dispute, the jurisdiction o f the board or court to deal with the dispute
« This paragraph was added by the amendment act of 1901.
1290
BULLETIN OF THE BUREAU OF LABOR.
shall not be affected by reason merely that no member o f the union is
employed by any party to the dispute, or is personally concerned in
the dispute.
W here workers engaged upon different trades are employed in any
one business o f any particular employer, the court may make one
award applicable to such business, and embracing, as the court may
think fit, the whole or part o f the various branches constituting the
business o f such employer. Before the court shall exercise such
power, notice shall be given to the respective industrial unions of
workers engaged in any branch o f such business. (a)
(4) INDUSTRIAL AGREEMENTS.
24. (1) The parties to industrial agreements under this act shall in
every case be trade unions or industrial unions or industrial associa
tions or employers; and any such agreement may provide for any
matter or thing affecting any industrial matter, or in relation thereto,
or for the prevention or settlement o f an industrial dispute. (b)
(2) Every industrial agreement shall be fo r a term to be specified
therein, not exceeding three years from the date o f the making thereof,
as specified therein, and shall commence as follows: “ This industrial
agreement, made in pursuance o f ‘ The Industrial Conciliation and
Arbitration A ct, 1900,5 this
day o f
, between
,” and
then the matters agreed upon shall be set out.
(3) The date o f the making o f the industrial agreement shall be the
date on which it is executed by the party who first executes it; and
such date, and the names o f all the original parties thereto, shall be
truly stated therein.
(4) Notwithstanding the expiry o f the term of the industrial agree
ment, it shall continue in force until superseded by another industrial
agreement or b y an award o f the court, except where, subject to the
provisions o f subsection two o f section twenty, the registration of an
industrial union o f workers bound by such agreement has been canceled.
25. A duplicate original o f every industrial agreement shall, within
thirty days after the making thereof, be filed in the office o f the clerk
o f the industrial district where the agreement is made.
26. A t any time whilst the industrial agreement is in force any
industrial union or industrial association or employer may become
party thereto by filing in the office wherein such agreement is filed a
notice in the prescribed form , signifying concurrence with such
agreement.
27. Every industrial agreement duly made, executed, and filed shall
be binding on the parties thereto, and also on every member of any
industrial union or industrial association which is party thereto.
28. (1) Every industrial agreement, whether made under this act or
under any act repealed by this act, may be varied, renewed, or can
celed by any subsequent industrial agreement made by and between
all the parties thereto, but so that no party shall be deprived of the
benefit thereof by any subsequent industrial agreement to which he is
not a party.
(2)
Industrial agreements shall be enforceable in manner provided
by section ninety-four o f this act, and not otherwise.
a This paragraph was added by the amendment act of 1901.
&Amended by the amendment act of 1901 b y the insertion of “ trade unions o r ”
after ‘ ‘ shall in every case be.”
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1291
(5) CONCILIATION AND ARBITRATION.
D istricts and clerks.
29. ( l ) T h e governor may from time to time, by notice in the
Gazette, constitute and divide New Zealand or any portion thereof
into such industrial districts, with such names and boundaries, as he
thinks fit.
(2) All industrial districts constituted under any act repealed by
this act, and existing at the time o f such repeal, shall be deemed to be
constituted under this act.
30. I f any industrial district is constituted by reference to the limits
or boundaries o f any other portion o f the colony defined or created
under any act, then, in case o f the alteration o f such limits or bound
aries, such alteration shall take effect in respect o f the district consti
tuted under this act without any further proceeding, unless the
governor otherwise determines.
31. (1) In and fo r every industrial district the governor shall
appoint a clerk o f awards (elsewhere in this act referred to as “ the
clerk” ), who shall be paid such salary or other remuneration as the
governor thinks fit, and shall be subject to the control and direction
o f the registrar.
(2) E very clerk appointed under any act repealed by this act, and
in office at the time o f such repeal, shall be deemed to be appointed
under this act.
32. The office o f clerk may be held either separately or in conjunc
tion with any other office in the public service, and in the latter case
the clerk may, if the governor thinks fit, be appointed not by name
but by reference to such other office, whereupon the person who for
the time being holds such office, or performs its duties, shall by virtue
thereof be the clerk.
33. It shall be the duty o f the clerk—
(1) T o receive, register, and deal with all applications within his
district lodged fo r reference o f any industrial dispute to the board or
to the court;
(2) T o convene the board for the purpose o f dealing with any such
dispute;
(3) T o keep a register in which shall be entered the particulars of
all references and settlements o f industrial disputes made to and by
the board, and o f all references, awards, and orders made to and by
the court;
(4) To forward from time to time to the registrar copies of or
abstracts from the register;
(5) T o issue all summonses to witnesses to give evidence before the
board or court, and to issue all notices and perform all such other acts
in connection with the sittings o f the board or court as are prescribed,
or as the court, the board, or the registrar directs; and
(6) Generally to do all such things and take all such proceedings as
are prescribed by this act or the regulations thereunder, or as the court,
the board, or the registrar directs.
Boards o f conciliation.
34. In and fo r every industrial district there shall be established a
board o f conciliation, which shall have jurisdiction for the settlement
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BULLETIN OF THE BUREAU OF LABOR.
o f any industrial dispute which arises in such district and is referred
to the board under the provisions in that behalf hereinafter contained.
35. The board o f each industrial district shall consist o f such unequal
number o f persons as the governor determines, being not more than
five, o f whom—
(1) One (being the chairman) shall be elected by the other members
in manner hereinafter provided; and
(2) The other members shall, in manner hereinafter provided, be
elected by the respective industrial unions o f employers ana o f workers
in the industrial district, such unions voting separately and electing
an equal number o f such members:
Provided that an industrial union shall not be entitled to vote unless
its registered office has been recorded as aforesaid for at least three
months next preceding the date fixed fo r the election.
36. The ordinary term o f office o f the members o f the board shall be
three years from the date o f the election o f the board, or until their suc
cessors are elected as hereinafter provided, but they shall be eligible
for reelection.
37. E very board established under any act repealed by this act, and
existing at the time o f such repeal, shall be deemed to be established
under this act, and the members thereof who are then in office shall so
continue until the expiry o f their ordinary term o f office under such
repealed act, or until their successors are elected under this act, but
they shall be eligible fo r reelection.
38. W ith respect to the ordinary election o f the members o f the
board (other than the chairman) the follow ing provisions shall apply:
(1) The clerk shall act as returning officer, and shall do all things
necessary fo r the proper conduct o f the election.
(2) The first ordinary election shall be held within not less than
twenty nor more than thirty days after the constitution o f the district
in the case o f districts hereafter constituted, and before the expiry of
the current ordinary term o f office in the case o f existing boards.
(3) Each subsequent ordinary election shall in every case be held
within not less than twenty nor more than thirty days before the expiry
o f the current ordinary term o f office.
(4) The governor may from time to time extend the period within
which any election shall be held for such time as he thinks fit, anything
hereinbefore contained to the contrary notwithstanding.
(5) The returning officer shall give fourteen days’ notice, in one or
more newspapers circulating in the district, o f the day and place of
election.
(6) F or the purposes o f this election the registrar shall compile and
supply to the returning officer a roll setting forth the name o f every
industrial union entitled to vote, and every such union, but no other,
shall be entitled to vote accordingly.
(7) The roll shall be supplied as aforesaid not less than fourteen
days before the day fixed fo r the election, and shall be open fo r free
public inspection at the office o f the clerk during office hours, from
the day on which it is received by the clerk until the day o f the
election,
(8) Persons shall be nominated for election in such manner as the
rules o f the nominating industrial union prescribe, or, if there be no
such rule, nominations shall be made in writing under the seal o f the
union and the hand o f its chairman or secretary.
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1293
(9) An industrial union not entitled to vote shall not be entitled to
nominate.
(10) Each nomination shall be lodged with the returning officer not
later than five o ’clock in the afternoon o f the fourth day before the
day o f election, and shall be accompanied by the written consent o f
the person nominated.
(11) Forms o f nomination shall be provided by the returning officer
on application to him for that purpose.
(12) The returning officer shall give notice o f the names o f all per
sons validly nominated, by affixing a list thereof on the outside o f the
door o f his office during the three days next preceding the day o f
election.
(13) I f it appears that the number o f persons validly nominated does
not exceed the number to be elected, the returning officer shall at
once declare such persons elected.
(14) I f the number o f persons validly nominated exceeds the num
ber to be elected, then votes shall be taken as hereinafter provided.
(15) The vote o f each industrial union entitled to vote shall be sig
nified by voting paper under the seal o f the union and the hand o f the
chairman and secretary.
(16) The voting paper shall be lodged with or transmitted by post
or otherwise to the returning officer at his office;, so as to reach his
office not later than five o’clock in the afternoon o f the day o f the
election; and the returning officer shall record the same in such man
ner as he thinks fit.
(17) E very voting paper with respect to which the foregoing require
ments o f this section are not duly complied with shall be deemed to
be informal.
(18) Each industrial union shall have as many votes as there are
persons to be elected by its division.
(19) Such votes may be cumulative, and the persons, not exceeding
the number to be elected, having the highest aggregate number o f
valid votes in each division shall be deemed elected.
(20) In any case where two or more candidates in the same division
have an equal number o f valid votes, the returning officer, in order to
complete the election, shall give a casting vote.
(21) A s soon as possible after the votes o f each division o f indus
trial unions have been recorded, the returning officer shall reject all
informal votes, and ascertain what persons have been elected as before
provided* and shall state the result in writing, and forthwith affix a
notice thereof on the door o f his office.
(22) I f any question or dispute arises touching the right of any
industrial union to vote, or the validity o f any nomination or vote, or
the mode o f election or the result thereof, or any matter incidentally
arising in or in respect o f such election, the same may in the pre
scribed manner be referred to the returning officer at any time before
the gazetting o f the notice o f the election ot the members o f the board
as hereinafter provided, and the decision o f the returning officer shall
be final.
(23) Except as aforesaid, no such question or dispute shall be raised
or entertained.
(24) In case any election is not completed on the day appointed, the
returning officer may adjourn the election, or the completion thereof,
150— No. 49— 03------ 11
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BULLETIN OF THE BUREAU OF LABOR.
to the next or any subsequent day, and may then proceed with the
election.
(25) The whole o f the voting papers used at the election shall be
securely kept by the returning officer during the election, and there
after shall be put in a packet and kept until the gazetting o f the notice
last aforesaid, when he shall cause the whole o f them to be effectually
destroyed.
(26) Neither the returning officer nor any person employed by him
shall at any time (except in discharge o f his duty or in obedience to
the process o f a court o f law) disclose fo r whom any vote has been
tendered, or retain possession o f or exhibit any voting paper used at
the election, or give to any person any information on any o f the
matters herein mentioned.
(27) I f any person commits any breach o f the last preceding sub
section hereof he is liable to a penalty not exceeding twenty pounds
[$97.33], to be recovered and applied as specified in subsection six of
section seventeen hereof.
39. (1) A s soon as practicable after the election o f the members o f
the board, other than the chairman, the clerk shall appoint a time and
place fo r the elected members to meet fo r the purpose o f electing a
chairman, and shall give to each such member at least three days’
written notice o f the time and place so appointed.
(2) A t such meeting the members shall, by a majority of the votes
o f the members present, elect some impartial person who is willing to
act, not being one o f their number, to be chairman o f the board.
40. (1) A s soon as practicable after the election o f the chairman,
the clerk shall transmit to the registrar a list o f the names o f the
respective persons elected as members and as chairman o f the board,
and notice o f the names o f the members and chairman of the board
shall be inserted in the Gazette by the registrar. (a)
(2) Such notice shall be final and conclusive for all purposes, and the
date o f gazetting o f such notice shall be deemed to be the date o f the
election o f the board.
41. A n y member o f the board may resign, by letter to the registrar,
and the registrar shall thereupon report the matter to the clerk.
42. I f the chairman or any member o f the board—
(1) Dies; or
(2) Resigns; or
(3) Becomes disqualified from acting under section ninety-seven
hereof; or
(4) Is proved to be guilty o f inciting any industrial union or employer
to commit any breach o f an industrial agreement or award; or
(5) Is absent during four consecutive sittings o f the board—his office
shall thereby become vacant, and the vacancy thereby caused shall be
deemed to be a casual vacancy.
43. (1) Every casual vacancy shall be filled by the same electing
authority, and, as far as practicable, in the same manner and subject
to the same provisions, as in the case o f the vacating member.
(2) Upon any casual vacancy being reported to the clerk, he shall
take all such proceedings as may be necessary in order that the vacancy
may be duly supplied bv a fresh election:
«In this ]
ment act oi
lthe
language after “ board, and” is as amended by the amend-
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1295
Provided that the person elected to supply the vacancy shall hold
office only fo r the residue o f the term o f the vacating member.
44. I f any person being a member o f one board allows himself to be
nominated fo r election as a member o f another board, his nomination
shall be void; and if he is so elected his election shall be void.
45. In any case where the registrar is satisfied that for any reason
the proper electing authority has failed or neglected to duly elect a
chairman or other member o f the board, or that his election is void,
the governor may by notice in the Gazette appoint a fit person to be
such chairman or other member, and, fo r the purposes o f this act,
every chairman or other member so appointed shall be deemed to be
elected, and shall hold office for the unexpired residue o f the ordinary
term o f office.
46. The presence o f the chairman and o f not less than one-half in
number o f the other members o f the board, including one o f each side,
shall be necessary to constitute a quorum at every meeting o f the
board subsequent to the election o f the chairman:
Provided that in the case o f the illness or absence o f the chairman
the other members may elect one o f their own number to be chairman
during such illness or absence.
47. In all matters coming before the board the decision o f the board
shall be determined by a majority o f the votes o f the members present,
exclusive o f the chairman, except in the case o f an equality o f such
votes, in which case the chairman shall have a casting vote.
48. The board may act notwithstanding any vacancy in its body,
and in no case shall any act o f the board be questioned on the ground
o f any informality in the election o f a member, or on the ground that
the seat o f any member is vacant, or that any supposed member is
incapable o f being a member.
49. In any case where the ordinary term o f office expires, or is
likely to expire, whilst the board is engaged in the investigation o f
any industrial dispute, the governor may, by notice in the Gazette,
extend such term fo r any time not exceeding one month, in order to
enable the board to dispose o f such dispute, but for no other purpose:
Provided that all proceedings fo r the election o f the board’s succes
sors shall be taken in like manner in all respects as if such term were
not extended, and also that any member o f the board whose term is
extended shall be eligible for nomination and election to the new board.
Special boards o f conciliators.
50. Notwithstanding anything hereinbefore contained, it is hereby
declared that in any part o f the colony, whether included in a district
or not, and whether a board o f conciliation has been duly constituted
or not, a special board o f conciliators shall, on the application o f either
party to the dispute, and in the prescribed manner, be constituted
from time to time to meet any case o f industrial dispute. (a)
51. A ll the provisions o f this act relating to a board o f conciliation,
its constitution, election, jurisdiction, and powers, shall, mutatis mutan
dis, apply to a special board o f conciliators, subject nevertheless to
such modifications as are prescribed, and also to the modifications fo l
lowing, that is to say:
a In this paragraph the language after “ conciliators” is as amended by the amend
ment act of 1901.
1296
BULLETIN OF THE BUREAU OF LABOR.
(1) The returning officer shall be appointed by the governor.
(2) The members o f the special board, who shall be experts in the
particular trade under dispute (other than the chairman), shall, in the
prescribed manner, be elected in equal numbers by the employers and
industrial unions o f employees directly interested in the dispute, and
by the industrial unions o f workers so interested.
(3) A ll or any o f the members o f the special board may be members
o f an existing board o f conciliation.
(4) The members o f the special board shall in each case vacate their
office on the settlement o f the dispute.
Fwictions and procedure o f conciliation boards.
52.
A ny industrial dispute may be referred for settlement to a
board by application in that behalf made by any party thereto, and
with respect to such application and reference the following provi
sions shall apply:
(1) The application shall be in the prescribed form, and shall be
filed in the office o f the clerk fo r the industrial district wherein the
dispute arose.
(2) If the application is made pursuant to an industrial agreement,
it shall specify such agreement by reference to its dates and parties,
and the date and place o f the filing thereof.
(3) The parties to such dispute shall in every case be industrial
unions, or industrial associations, or employers:
But the mention o f the various kinds o f parties shall not be deemed
to interfere with any arrangement thereof that may be necessary to
insure the industrial dispute being brought in a complete shape before
the board; and a party may be withdrawn, or removed, or joined at
any time before the final report or recommendation o f the board is
made, and the board may make any recommendation or give any direc
tion for any such purpose accordingly.
(4) A s soon as practicable after the filing o f the application, the
clerk shall lay the same before the board at a m eeting thereof to be
convened in the prescribed manner.
(5) A n employer, being a party to the reference, may appear in
person, or by his agent duly appointed in writing for that purpose, or
by counsel or solicitor where allowed as hereinafter provided.
(6) A n industrial union or association, being a party to the refer
ence, may appear by its chairman or secretary, or by any number of
persons (not exceeding three) appointed in writing by the chairman,
or in such other manner as the rules prescribe, or by counsel or
solicitor where allowed as hereinafter provided.
(7) Except where hereinafter specially provided, every party appear
ing by a representative shall be bound by the acts o f such representative.
(8) No counsel, barrister, (a) or solicitor,whether acting under a power
o f attorney or otherwise, (b) shall be allowed to appear or be heard before
a board, or any committee thereof, unless all the parties to the refer
ence expressly consent thereto, or unless he is a bona fide employer or
worker in the industry to which the dispute relates. (c)
«T h e word “ barrister” was added by the amendment act of 1901.
&The words “ whether acting under a power of attorney or otherwise ” were added
by the amendment act of 1901.
^The words “ or unless he is a bona fide employer or worker in the industry to
w hich the dispute relates” were added by the amendment act of 1901.
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1297
53.
In every case where an industrial dispute is duly referred to a
board for settlement the follow ing provisions shall apply:
(1) The board shall, in such manner as it thinks fit, carefully and
expeditiously inquire into the dispute, and all matters affecting the
merits thereof and the right settlement thereof.
(2) F or the purposes o f such inquiry the board shall have all the
powers o f summoning witnesses, administering oaths, compelling hear
ing and receiving evidence, and preserving order, which are by this
act conferred on the court, save and except the production o f books.
(8)
In the course o f such inquiry the board may make all such sug
gestions and do all such things as it deems right and proper for induc
ing the parties to come to a fair and amicable settlement o f the dispute,
and may adjourn the proceedings fo r any period the board thinks rea
sonable, to allow the parties to agree upon some terms o f settlement.
(I) The board may also, upon such terms as it thinks fit, refer the
dispute to a committee o f its members, consisting o f an equal number
o f the representatives o f employers and workers, in order that such
committee may facilitate and promote an amicable settlement o f the
dispute.
(5) I f a settlement o f the dispute is arrived at by the parties it shall
set forth in an industrial agreement, which shall be duly executed by
all the parties or their attorneys (but not by their representatives), and
a duplicate original whereof shall be filed in the office o f the clerk
within such time as is named by the board in that behalf.
(6) I f such industrial agreement is duly executed and filed as afore
said, the board shall report to the clerk o f awards that the dispute has
been settled by industrial agreement.
(7) I f such industrial agreement is not duly executed and filed as
aforesaid, the board shall make such recommendation for the settle
ment o f the dispute, according to the merits and substantial justice.of
the case, as the board thinks fit.
(8) The board’s recommendation shall deal with each item o f the
dispute, and shall state in plain terms, avoiding as far as possible all
technicalities, what, in the board’s opinion, should or should not be
done by the respective parties concerned.
(9) The board’s recommendation shall also state the period during
which the proposed settlement should continue in force, being in no
case less than six months nor more than three years, and also the date
from which it should commence, being not sooner than one month nor
later than three months after the date o f the recommendation.
(10) The board’s report or recommendation shall be in writing under
the hand o f the chairman, and shall be delivered by him to the clerk
within two months after the day on which the application for the
reference was filed, or within such extended period, not exceeding one
additional month, as the board thinks fit.
(II) Before entering upon the exercise o f the functions of their
office the members o f the board, including the chairman, shall make
oath or affirmation before a judge o f the supreme court that they will
faithfully and impartially perform the duties o f their office, and also
that except in the discharge o f their duties they will not disclose to
any person any evidence or other matter brought before the board.
In the absence o f a judge o f the supreme court, the oath or affirmation
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BULLETIN OF THE BUREAU OF LABOR.
may be taken before a stipendiary magistrate or such other person as
the governor from time to time authorizes in that behalf. (a)
54. Upon receipt o f the board’s report or recommendation the clerk
shall (without fee) file the same, and allow all the parties to have free
access thereto fo r the purpose o f considering the same and taking
copies thereof, and shall, upon application, supply certified copies for
a prescribed fee.
55. I f all or any o f the parties to the reference are willing to accept
the board’s recommendation, either as a whole or with modifications,
they may, at any time before the dispute is referred to the court
under the provisions in that behalf hereinafter contained, either exe
cute and file an industrial agreement in settlement o f the dispute, or
file in the office o f the clerk a memorandum o f settlement.
56. W ith respect to such memorandum o f settlement the following
provisions shall apply:
(1) It shall be in the prescribed form , and shall be executed by all
or any o f the parties or their attorneys (but not by their representa
tives).
(2) It shall state whether the board’s recommendation is accepted as
a whole, or with modifications, and in the latter case the modifications
shall be clearly and specifically set forth therein.
(3) Upon the memorandum o f settlement being duly executed and
filed, the board’s recommendation shall, with the modifications (if any)
set forth in such memorandum, operate and be enforceable in the same
manner in all respects as an industrial agreement duly executed and
filed by the parties.
57. A t any time before the board’s recommendation is filed, all or
any o f the parties to the reference may by memorandum o f consent in
the prescribed form , executed by themselves or their attorneys (but
not by their representatives), and filed in the office o f the clerk, agree
to accept the recommendation o f the board, and in such case the board’s
recommendation, when filed, shall operate and be enforceable in the
same manner in all respects as an industrial agreement duly executed
and filed by the parties.
58. W ith respect to every industrial dispute which, having been
duly referred to the board, is not settled under the provisions for set
tlement hereinbefore mentioned, the follow ing special provisions shall
apply:
(1) A t any time within one month after the filing o f the board’s
recommendation, any o f the parties may, b y application in the pre
scribed form filed in the office o f the clerk, refer such dispute to the
court fo r settlement, and thereupon such dispute shall be deemed to be
before the court.
(2) I f at the expiration o f such month no such application has been
duly filed, then on and from the date o f such expiration the board’s
recommendation shall operate and be enforceable in the same manner
in all respects as an industrial agreement duly executed and filed by
the parties.
Either party to an industrial dispute which has been referred to a
board o f conciliation may, previous to the hearing o f such dispute by
the board, file with the clerk an application in writing requiring the
dispute to be referred to the court o f arbitration, and that court shall
« The last sentence of this paragraph was added by the amendment act of 1901.
NEW ZEALAND CONCILIATION AND ARBITBATION ACT.
1299
have jurisdiction to settle and determine such dispute in the same man
ner as if such dispute had been referred to the court under the provi
sions o f section fifty-eight o f the principal act.(ft)
The board may, m any matter coming before it, state a case for the
advice and opinion o f the court. (a)
The court o f arbitration.
59. There shall be one court o f arbitration (hereinafter called u the
court” ) fo r the whole colony for the settlement o f industrial disputes
pursuant to this act.
60. The court shall have a seal, which shall be judicially noticed in
all courts o f judicature, and for all purposes.
61. The court shall consist o f three members, who shall be appointed
by the governor.
62. (1) O f the three members o f the court one shall be appointed
on the recommendation o f the industrial unions o f employers, and one
on the recommendation o f the industrial unions o f workers.
(2) The third member shall be a judge o f the supreme court, and
shall be president o f the court.
(3) In case o f the ijlness or unavoidable absence o f the president at
any time, the governor shall appoint another judge o f the supreme
court to act as president during such illness or absence.
63. F or the purposes o f the appointment o f the members of the
court (other than the president) the following provisions shall apply:
may, within one month after being
(1) Each industrial
requested so to do by the governor, recommend the name o f one per
son to the governor, and from the names so recommended the g ov
ernor shall select two members, one from the persons recommended
by the unions o f employers, and one from the persons recommended
by the unions o f workers, and appoint them to be members o f the court.
(2) The recommendation shall in each case be made in the name and
under the seal o f the union, by the committee o f management or other
governing authority thereof, .however designated.
(3) I f either o f the divisions o f unions fails or neglects to duly make
any recommendation within the aforesaid period, the governor shall,
as soon thereafter as may be convenient, appoint a fit person to be a
member o f the court; and such member shall be deemed to be appointed
on the recommendation o f the said division o f unions.
(4) A s soon as practicable after a full court has been appointed by
the governor the names o f the members o f the court shall be notified
in the Gazette, and such notification shall be final and conclusive for
all purposes.
64. E very member o f the court shall hold office for three years from
the date o f the gazetting o f his appointment, or until the appointment
o f his successor, and shall be eligible fo r reappointment.
65. The court as constituted under any act repealed by this act shall
be deemed to be constituted under this act, and the president and other
members thereof in office at the commencement o f this act shall so con
tinue until the expiry o f the term o f their appointment, or until the
appointment o f their successors under this act, and shall be eligible for
reappointment under this act.
« This paragraph was added by the amendment act of 1901.
1300
BULLETIN OF THE BUREAU OF LABOR.
66. I f any member o f the court resigns by letter to the governor,
or, in the case o f the president, if he ceases to be a judge o f the
supreme court, his office as member or president o f the court shall
thereby become vacant, and the vacancy shall be deemed to be a casual
vacancy.
67. The governor shall remove any member o f the court from pffice
who becomes disqualified from acting under section ninety-seven
hereof, or is proved to be guilty o f inciting any industrial union or
employer to commit any breach o f an industrial agreement or award, or
is absent from fou r consecutive sittings o f the court; and every vacancy
thereby caused shall be deemed to be a casual vacancy.
68. Every casual vacancy in the membership o f the court shall be
supplied in the same manner as in the case o f the original appointment;
but every person appointed to fill a casual vacancy shall hold office
only fo r the residue o f the term o f his predecessor.
69. Before entering on the exercise o f the functions o f their office,
the members o f the court, other than the president, shall make oath
or affirmation before the president that they will faithfully and impar
tially perform the duties o f their office, and also that, except in the
discharge o f their duties, they will not disclose to any person any evi
dence or other matter brought before the court.
70. The governor may also from time to time appoint such clerks
and other officers o f the court as he thinks necessary, and they shall
hold office during pleasure, and receive such salary or other remunera
tion as the governor thinks fit.
Jurisdiction and procedure o f the court.
71. The court shall have jurisdiction fo r the settlement and deter
mination o f any industrial dispute referred to it under the provisions
o f this act.
72. Forthwith after any dispute has been duly referred to the court
fo r settlement under the provisions in that behalf hereinbefore con
tained, the clerk shall notify the fact to the president.
73. Subject to provisions hereinafter contained as to the joining or
striking out o f parties, the parties to the proceedings before the court
shall be the same as in the proceedings before the board, and the pro
visions hereinbefore contained as to the appearance o f parties before
a board shall apply to proceedings before the court.
74. W ith respect to the sittings o f the court the following pro
visions shall apply:
(1) The sittings o f the court shall be held at such time and place as
are from time to time fixed by the president.
(2) The sittings may be fixed either fo r a particular case or gener
ally fo r all cases then before the court and ripe for hearing, and it
shall be the duty o f the clerk to give to each member o f the court, and
also to all parties concerned, at least three clear days’ previous notice
o f the time and place o f each sitting.
(3) The court may be adjourned from time to time and from place
to place in manner following, that is to say:
(a) B y the court or the president at any sitting thereof, or, if the
president is absent from such sitting, then by any other member pres
ent, or, if no member is present, then by the clerk; and
(b) By the president at any time before the time fixed for the sitting,
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1301
and in such case the court shall notify the members of the court and
all parties concerned.
75. A n y party to the proceedings before the court may appear per
sonally or by agent, or, with the consent o f all the parties, by counsel
or solicitor, and may produce before the court such witnesses, books,
and documents as such party thinks proper.
76. The court shall in all matters before it have full and exclusive
jurisdiction to determine the same in such manner in all respects as in
equity and good conscience it thinks fit.
77. W ith respect to evidence in proceedings before the court the
follow ing provisions shall apply:
(1) Formal matters which nave been proved or admitted before the
board need not be again proved or admitted before the court, but shall
be deemed to be proved.
(2) On the application o f any o f the parties, and on payment o f the
prescribed fee, the clerk shall issue a summons to any person to appear
and give evidence before the court.
(3) The summons shall be in the prescribed form, and may require
such person to produce before the court any books, papers, or other
documents in his possession, or under his control, in any way relating
to the proceedings.
(4) A ll books, papers, and other documents produced before the
court, whether produced voluntarily or pursuant to summons, may be
inspected by the court, and also by such o f the parties as the court
allows; but the information obtained therefrom shall not be made
public, and such parts o f the documents as, in the opinion of the court,
do not relate to the matter at issue may be sealed up.
(5) Every person who is summoned and duly attends as a witness
shall be entitled to an allowance fo r expenses according to the scale
for the time being in force with respect to witnesses in civil suits
under “ The Magistrates5 Courts A ct, 1893.55
(6) I f any person who has been duly served with such summons,
and to whom at the same time payment or tender has been made o f
his reasonable traveling expenses according to the aforesaid scale,
fails to duly attend or to duly produce any book, paper, or document
as required by his summons he commits an offense, and is liable to a
penalty not exceeding twenty pounds [$97.33], or to imprisonment for
any term not exceeding one month, unless he shows that there was good
and sufficient cause fo r such failure.
(7) F or the purpose o f obtaining the evidence o f witnesses at a dis
tance, the court, or, whilst the court is not sitting, the president, shall
have all the powers and functions o f a stipendiary magistrate under
“ The Magistrates5 Courts Act, 1893,55 and the provisions o f that act
relative to the taking o f evidence at a distance shall, mutatis mutandis,
apply in like manner as if the court were a magistrate’s court.
(8) The court may take evidence on oath, and for that purpose any
member or the clerk may administer an oath.
(9) On any indictment fo r perjury it shall be sufficient to prove that
the oath was administered as aforesaid.
(10) The court may accept, admit, and call for such evidence as in
equity and good conscience it thinks fit, whether strictly legal evidence
or not.
(11) A ny party to the proceedings shall be competent and may be
compelled to give evidence as a witness.
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BULLETIN OF THE BUEEAU OF LABOB.
(12)
The court in its discretion may order that all or any part o f its
proceedings may be taken down in shorthand.
78. The presence o f the president and at least one other member
shall be necessary to constitute a sitting o f the court.
79. The decision o f a majority o f the members present at the sitting
o f the court, or, if the members present are equally divided in opinion,
then the decision o f the president, shall be the decision o f the court.
80. The decision o f the court shall in every case be signed by the
president, and may be delivered by him, or by any other member o f
the court, or by the registrar.
81. The court may refer any matters before it to a board fo r inves
tigation and report, and in such case the award o f the court may, if the
court thinks fit, be based on the report o f the board.
82. The court may at any time dismiss any matter referred to it
which it thinks frivolous or trivial, and in such case the award may be
limited to an order upon the party bringing the matter before the
court fo r payment o f costs o f bringing the same.
83. The court in its award may order any party to pay to the other
party such costs and expenses (including expenses o f witnesses) as it
deems reasonable, and may apportion such costs between the parties
or any o f them as it thinks fit, and may at any time vary or alter any
such order in such manner as it thinks reasonable:
Provided that in no case shall costs be allowed on account of agents,
solicitors, or counsel.
84. The award o f the court on any reference shall be made within
one month after the court began to sit fo r the hearing o f the reference,
or within such extended time as in special circumstances the court
thinks fit.
85. (1) The award shall be signed by the president, and have the seal
o f the court attached thereto, and shall be deposited in the office o f the
clerk o f the district wherein the reference arose, and be open to inspec
tion without charge during office hours by all persons interested therein.
(2) The clerk shall upon application supply certified copies o f the
award for a prescribed fee.
86. (1) The award shall be framed in such manner as shall best
express the decision o f the court, avoiding all technicality where
possible, and shall specify—
(a) Each original party to whom the award is binding, being in
every case each trade union, industrial union, industrial association,
or employer who is party to the proceedings at the time when the
award is made; (a)
(b) The industry to which the award applies;
(c) The industrial district to which the award relates, being in every
case the industrial district in which the proceedings were commenced;
(d) The currency o f the award, being any specified period not
exceeding three years from the date o f the award:
Provided that, notwithstanding the expiration o f the currency of
the award, the award shall continue in force until a new award has
been duly made, except where, subject to the provisions o f subsection
two o f section twenty, the registration o f an industrial union o f work
ers bound by such award has been cancelled.
a The words 1‘ trade union” were added to this paragraph by the amendment act of
1901.
NE W
ZEALAND CONCILIATION AND ARBITRATION ACT.
1303
(2) The award shall also state in clear terms what is or is not to be
done by each party on whom the award is binding, or by the workers
affected by the award, and may provide for an alternative course to
be taken by any party:
Provided that in no case shall the court have power to fix anj age
for the commencement or termination o f apprenticeship.
(3) The award, by force o f this act, shall extend to and bind as sub
sequent party thereto every trade union, industrial union, industrial
association, or employer who, not being original party thereto, is at
any time whilst the award is in force connected with or engaged in the
industry to which the award applies within the industrial district to
which the award relates. (a)
[11.] A n y award in force at the coming into operation o f the prin
cipal act shall, notwithstanding the expiration o f the currency o f such
award, continue in force and shall have been deemed to have been in
force until a new award shall have been made under the principal act,
except where, subject to the provisions o f subsection two o f section
twenty o f the principal act, the registration o f an industrial union of
workers bound by such award has been cancelled.^)
[12.] W ith respect to any award in force at the coming into opera
tion o f the principal act, the court may, upon notice to any trade
union, industrial union, industrial association, or employer within the
district and engaged in the industry to which the award applies, not
an original party thereto, extend such award and its provisions to such
trade union, industrial union, industrial association, or employer. (c)
(4) The court may, in any award made by it, limit the operation of
such award to any city, town, or district being within or part o f any
industrial district. (d)
(5) The court shall in such case have power, on the application o f
any employer, industrial union, or industrial association in any indus
trial district within which the award shall have effect, to extend the
provisions o f such award (if such award shall have been limited in its
operation as aforesaid) to any person, employer, industrial union, or
industrial association within such industrial district.^)
(6) The court may, if it thinks fit, limit the operation o f any award
heretofore made under the principal act to any particular town, city, or
locality in any industrial district m which such award now has effect. (d)
(7) The limitation or extension referred to in the preceding para
graphs five and six shall be made upon such notice to and application
o f such parties as the court may in its discretion direct. (d)
87.
W ith respect to every award, whether made before or after the
commencement o f this act, the follow ing special powers shall be exer
cisable by the court by order at any time during the currency o f the
award, that is to say:
(1) Power to amend the provisions o f the award for the purpose of
remedying any defect therein or o f giving fuller effect thereto.
(2) Pow er to extend the award so as to join and bind as party thereto
any specified trade union, industrial union, industrial association, or
employer in the colony not then bound thereby or party thereto, but
«T h e words “ trade union” were added to this paragraph b y the amendment act
of 1901.
&This section, numbered [11], was added by the amendment act of 1901.
c This section, numbered [12], was added b y the amendment act of 1901.
This paragraph was added by the amendment act of 1901.
1304
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OF
THE
BUREAU
OF
LABOR.
connected with or engaged in the same industry as that to which the
award applies: (a)
Provided that the court shall not act under this subsection except
where the award relates to a trade or manufacture the products o f
which enter into competition in any market with those manufactured
in another industrial district, and a majority o f the employers engaged
and o f the unions o f workers concerned in the trade or manufacture
are bound by the award:
Provided further that, in case o f an objection being lodged to any
such award by a union o f employers or employees in a district other
than that in which the award was made, the court shall sit for the
hearing o f the said objection in the district from which it comes, and
may amend or extend the award as it thinks fit.
(3)
The award, by force o f this act, shall also extend to and bind
every worker who, not being a member o f any industrial union on
which the award is binding, is at any time whilst it is in force employed
by any employer on whom the award is binding; and if any such worker
commits any breach o f the award he shall be liable to a penalty not
exceeding ten pounds [148.67], to be recovered in like manner as if he
were a party to the award.
88. (1) The powers by the last preceding section hereof conferred
upon the court may be exercised on the application of any party
bound by the award.
(2) A t least thirty days’ notice o f the application shall be served on
all other parties, including, in the case o f an application under subsec
tion two o f that section, every trade union, industrial union, industrial
association, or employer to whom it is desired that the award should
be extended. (a)
(3) The application may be made by either party to the court direct,
without previous reference to the board.
89. In all legal and other proceedings on the award it shall be
sufficient to produce the award with the seal o f the court thereto, and
it shall not be necessary to prove any conditions precedent entitling
the court to make the award.
90. Proceedings in the court shall not be impeached or held bad for
want o f form , nor shall the same be removable to any court by certio
rari or otherwise; and no award, order, or proceeding of the court
shall be liable to be challenged, appealed against, reviewed, quashed, or
called in question by any court o f judicature on any account whatsoever.
91. The court in its award, or b y order made on the application o f
any o f the parties at any time whilst the award is in force, may fix and
determine what shall constitute a breach o f the award, and what sum,
not exceeding five hundred pounds [$2,433.25], shall be the maximum
penalty payable by any party in respect o f any breach.
92. The court in its award, or by order made on the application o f
any o f the parties at any time whilst the award is in force, may pre
scribe a minimum rate o f wages or other remuneration, with special
provision fo r a lower rate being fixed in the case o f any worker who is
unable to earn the prescribed minimum:
Provided that such lower rate shall in every case be fixed by such
tribunal, in such manner, and subject to such provisions as are specified
in that behalf in the award or order.
93. In every case where the court in its award or other order directs
a The words ‘ ‘ trade union ’ ’ were added to this paragraph by the amendment act
of 1901.
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1305
the payment o f costs or expenses it shall fix the amount thereof, and
specify the parties or persons by and to whom the same shall be paid.
94.
F or the purpose o f enforcing any award or order o f the court,
whether made before or after the commencement o f this act (but not
being an order under section ninety-six hereof), the following pro
visions shall apply:
(1) In so far as the award itself imposed a penalty or costs it shall
be deemed to be an order o f the court, and payment shall be enforce
able accordingly under the subsequent provisions of this section
relating to orders o f the court.
(2) I f any party on whom the award is binding commits any breach
thereof by act or default, then, subject to the provisions o f the last
preceding subsection hereof, the registrar or any party to the award
may, by application in the prescribed form , apply to the court fo r the
enforcement o f the award.
(3) On the hearing o f such application the court may by order
either dismiss the application or impose such penalty for the breach
o f the award as it deems just, and in either case with or without costs:
Provided that in no case shall costs be given against the registrar.
(4) I f the order imposes a penalty or costs it shall specify the
parties liable to pay the same, and the parties or persons to whom the
same are payable:
Provided that the aggregate amount o f penalties payable under any
award or order o f the court shall not exceed five hundred pounds
[$2,433.25].
(5) F or the purpose o f enforcing payment o f the penalty and costs
payable under any order o f the court, a certificate in the prescribed
form , under the hand o f the clerk and the seal o f the court, specifying
the amount payable and the respective parties or persons by and to
whom the same is payable, may be filed in any court having civil
jurisdiction to the extent o f such amount, and shall thereupon, accord
ing to its tenor, be enforceable in all respects as a final judgment o f
such court in its civil jurisdiction:
Provided that, for the purpose o f enforcing satisfaction of such
judgment where there are two or more judgment creditors thereunder,
process may be issued separately by each judgment creditor against
the property o f his judgment debtor in like manner as in the case o f a
separate and distinct judgment.
(6) A ll property belonging to the judgment debtor (including
therein, in the case o f a trade union or an industrial union or indus
trial association, all property held by trustees for the judgment
debtor) shall be available in or towards satisfaction of the judgment
debt, and if the judgment debtor is a trade union or an industrial
union or an industrial association, and its property is insufficient to
fully satisfy the judgment debt, its members shall be liable for the
deficiency: (a)
Provided that no member shall be liable for more than ten pounds
[$48.67] under this subsection.
(7) F or the purpose o f giving full effect to the last preceding
subsection hereof, the court or the president thereof may, on the
application o f the judgment creditor, make such order or give such
directions as are deemed necessary, and the trustees, the judgment
debtor, and all other persons concerned shall obey the same.
a The words “ a trade union or” were added to this paragraph by the amendment
act of 1901.
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OF T H E
BUREAU
OF
LABOR.
95. F or the purpose o f enforcing industrial agreements, whether
made before or after the commencement o f this act, the provisions of
subsections two to seven o f the last preceding section hereof shall,
mutatis mutandis, apply in like manner in all respects as if an indus
trial agreement were an award o f the court, and the court shall
accordingly have full and exclusive jurisdiction to deal therewith.
96. The court shall have full and exclusive jurisdiction to deal with
all offenses under either subsection six o f section seventy-seven, section
one hundred, section one hundred and three, section one hundred and
four, or section one hundred and eight hereof, and for that purpose
the follow ing provisions shall apply:
(1) Proceedings to recover the penalty by this act imposed in respect
o f any such offense shall be taken in the court in a summary way
under the provisions o f “ The Justices o f the Peace A ct, 1882” , and
those provisions shall, mutatis mutandis, apply in like manner as if
the court were a court o f justices exercising summary jurisdiction
under that act:
Provided that in the case o f an offense under section one hundred
o f this act (relating to contempt o f court) the court, if it thinks fit so
to do, may deal with it forthwith without the necessity of an informa
tion being taken or a summons being issued.
(2) F or the purpose o f enforcing any order o f the court made under
this section, a duplicate thereof shall by the clerk o f awards be filed
in the nearest office o f the magistrate’s court, and shall thereupon,
according to its tenor, be enforced in all respects as a final judgment,
conviction, or order duly made by a stipendiary magistrate under the
summary provisions o f “ The Justices o f the Peace A ct, 1882.”
(3) The provisions o f sections eighty-nine and ninety hereof shall,
mutatis mutandis, apply to all proceedings and orders o f the court
under this section.
(4) A ll penalties recovered under this section shall be paid into the
public account and form part o f the consolidated fund.
[16.] Proceedings fo r the enforcement o f any industrial agreement,
or award, or order o f the court may be taken by the inspector o f fac
tories o f the district, and in any such case it shall not be necessary for
a union or association to pass any resolution or take any ballot author
izing such proceedings. (a)
General provisions as to board and court.
97. The follow ing persons shall be disqualified from being appointed,
or elected, or from holding office as chairman or as member o f any
board, or a member o f the court; and if so elected or appointed shall
be incapable o f continuing to be such member or chairman:
(1) A bankrupt who has not obtained his final order o f discharge;
(2) A n y person convicted o f any crime fo r which the punishment is
imprisonment with hard labor fo r a term o f six months or upwards; or
(3) A n y person o f unsound mind; or
(4) A n alien.
98. A n industrial dispute shall not be referred for settlement to a
board by an industrial union or association, nor shall any application
be made to the court by any such union or association for the enforce
ment o f any industrial agreement or award or order o f the court,
«This paragraph, numbered [16], was added by the amendment act of 1901,
NEW
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C O N C IL IA T IO N
AND
A R B IT R A T IO N
ACT.
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unless and until the proposed reference or application has been
approved by the members in manner follow ing, that is to say:
(1) In the case o f an industrial union, by resolution passed at a
special meeting o f the union and confirmed by subsequent ballot o f
the members, a majority o f the votes recorded being in favor thereof;
the result o f such ballot to be recorded on the minutes; and
(2) In the case o f an industrial association, by resolution passed at a
special meeting o f the members o f the governing body o f the associa
tion, and confirmed at special meetings o f a majority of the unions
represented by the association.
99. (1) Each such special meeting shall be duly constituted, con
vened, and held in manner provided by the rules, save that notice o f
the proposal to be submitted to the meeting shall be posted to all the
members, and that the proposal shall be deemed to be carried if, but
not unless, a majority o f all the members present at the meeting o f the
industrial union or o f the governing body o f the industrial association
vote in favor o f it. (a)
(2) A certificate under the hand o f the chairman o f any such special
meeting shall, until the contrary is shown, be sufficient evidence as to
the due constitution and holding o f the meeting, the nature o f the
proposal submitted, and the result o f the voting.
1 0 0 . In every case where an industrial dispute has been referred to
the board the follow ing special provisions shall apply:
(1) Until the dispute has been finally disposed of by the board or
the court neither the parties to the dispute nor the workers affected
by the dispute shall, on account o f the dispute, do or be concerned in
doing, directly or indirectly, anything in the nature o f a strike or
lockout or o f a suspension or discontinuance o f employment or work,
but the relationship o f employer and employed shall continue uninter
rupted by the dispute or anything arising out of the dispute, or any
thing preliminary to the reference o f the dispute, and connected
therewith. (b)
(2) If default is made in faithfully observing any of the foregoing
provisions o f this section, every union, association, employer, worker,
or person committing or concerned in committing the default shall be
liable to a penalty not exceeding fifty pounds [$243.33].
(3) The dismissal o f any worker, or the discontinuance o f work by
any worker, pending the final disposition o f an industrial dispute shall
be deemed to be a default under this section, unless the party charged
with such default satisfies the court that such dismissal or discontinu
ance was not on account o f the dispute. (c)
1 0 1 . W henever an industrial dispute involving technical questions
is referred to the board or court the follow ing special provisions shall
apply:
(1) A t any stage o f the proceedings the board or the court may
direct that two experts nominated by the parties shall sit as experts.
(2) One o f the experts shall be nominated by the party, or, as the
case may be, by all the parties, whose interests are with the employ
ers; and one by the party, or, as the case may be, by all the parties,
whose interests are with the workers.
«The words “ present at the meeting” were added to this paragraph by the amend
ment act of 1901.
&The words “ or anything preliminary to the reference of the dispute, and con
nected therewith,” were added to this paragraph by the amendment act of 1901,
^This paragraph was added by the amendment act of 1901,
1308
B U L L E T IN
OE
THE
BUREAU
OE
LABOR.
(3) The experts shall be nominated in such manner as the board or
court directs, or as is prescribed by regulations, but shall not be
deemed to be members o f the board or court fo r the purpose o f dis
posing o f such dispute.
(4) The powers o f this section conferred upon the board and the
court respectively shall, whilst the board or the court is not sitting, be
exercisable by the chairman of the board and the president of the
court respectively.
102. (1) In order to enable the board or court the more effectually
to dispose o f any matter before it according to the substantial merits
and equities o f the case, it may, at any stage o f the proceedings, o f its
own motion or on the application o f any o f the parties, and upon such
terms as it thinks fit, by order,—
(a) Direct parties to be joined or struck out;
(b) Amend or waive any error or defect in the proceedings;
(c) Extend the time within which anything is to be done by any
party; and
(d) Generally give such directions as are deemed necessary or expe
dient in the premises.
(2) The powers by this section conferred upon the board may, when
the board is not sitting, be exercised by the chairman.
(3) The powers by this section conferred upon the court may, when
the court is not sitting, be exercised b y the president.
103. I f in any proceedings before the board or court any person
willfully insults any member o f the board or court or the clerk, or will
fully interrupts the proceedings, or without good cause refuses to give
evidence, or is guilty in any other manner o f any willful contempt in
the face o f the board or court, it shall be lawful for any officer o f the
board or court, or any member o f the police force, to take the person
offending into custody and remove him from the precincts o f the board
or court, to be detained in custody until the rising o f the board or
court, and the person so offending shall be liable to a penalty not
exceeding ten pounds [$48.67].
104. I f any person prints or publishes anything calculated to
obstruct or in any way to interfere with or prejudicially affect any
matter before the board or court he shall fo r every such offense be
liable to a penalty not exceeding fifty pounds [$243.33].
105. If, without good causeshown, any party to proceedings before
the board or court fails to attend or be represented, the board or court
may proceed and act as fully in the matter before it as if such party
had duly attended or been represented.
106. (1) Proceedings before the board or court shall not abate by
reason o f the seat o f any member o f the board or court being vacant
fo r any cause whatever, or o f the death o f any party to the proceed
ings; and, in the latter case, the legal personal representative o f the
deceased party shall be substituted in his stead.
(2) A recommendation or order o f the board, or an award or order
o f the court, shall not be void or in any way vitiated by reason merely
o f any informality or error o f form , or noncompliance with this act.
107. (1) The proceedings o f the board or court shall be conducted
in public:
Provided that, at any stage o f the proceedings before it, the board
or court, o f its own motion, or on the application o f any o f the parties,
may direct that the proceedings be conducted in private; and in such
case all persons (other than the parties, their representatives, the offi
NEW
ZEALAN D
C O N C IL IA T IO N
AND
A R B IT R A T IO N
ACT.
1309
cers of the board or court, and the witnesses under examination) shall
withdraw.
(2) The board or court may sit during the day or at night, as it
thinks fit.
1 0 8 . A ny board and the court, and, being authorized in writing by
the board or court, any member o f such board or court, respectively,
or any officer o f such board or court, or any other person, without
any other warrant than this act, at any time between sunrise and sun
set,—
(1) May enter upon any manufactory, building, workshop, factory,
mine, mine-workings, ship or vessel, shed, place, or premises o f any
kind whatsoever, wherein or in respect o f winch any industry is car
ried on or any w ork is being or has been done or commenced, or any
matter or thing is taking or has taken place, which is made the subject
o f a reference to such board or court;
(2) May inspect and view any work, material, machinery, appliances,
article, matter, or thing whatsoever being in such manufactory, build
ing, workshop, factory, mine, mine-workings, ship or vessel, shed,
place, or premises as aforesaid;
(3) May interrogate any person or persons who may be in or upon
any such manufactory, building, workshop, factory, mine, mine-work
ings, ship or vessel, shed, place, or premises as aforesaid in respect o f
or in relation to any matter or thing hereinbefore mentioned.
A nd any person who shall hinder or obstruct the board or court, or
any member or officer thereof respectively, or other person, in the
exercise o f any power conferred by this section, or who shall refuse to
the board or court, or any member or officer thereof respectively duly
authorized as aforesaid, entrance during any such tim e as aforesaid to
any such m anufactory, building, workshop, factory, m ine, m ine-work
ings, ship or vessel, shed, place, or prem ises, or shall refuse to answer
any question put to him as aforesaid, shall for every such offense be
liable to a penalty not exceeding fifty pounds [$243.33].
(6) SPECIAL AS TO GOVERNMENT RAILWAYS.
1 0 9 . W ith respect to the government railways open fo r traffic the
follow ing special provisions shall apply, anything elsewhere in this
act to the contrary notwithstanding:
(1) The society o f railway servants called “ The Amalgamated
Society o f Railway Servants,” and now registered under the acts
repealed by this act, shall be deemed to be registered under this act.
(2) In the case o f the dissolution o f the said society, any recon
struction thereof, or any society o f government railway servants
form ed in its stead, may register under this act as an industrial union
o f workers.
(3) The minister fo r railways may from time to time enter into
industrial agreements with the registered society in like manner in all
respects as if the management o f the government railways were an
industry, and he were the employer o f all workers employed therein.
(4) I f any industrial dispute arises between the minister and the
society it may be referred to the court fo r settlement as hereinafter
provided.
(5) The society may, by petition filed with the clerk and setting forth
the particulars o f the matters in dispute, pray the court to hear and
determine the same.
150—No. 49—03-----12
1310
BULLETIN OP THE BUREAU OF LABOR.
(6) Such petition shall be under the seal o f the society and the
hands o f two members o f the committee o f management.
(7) No such petition shall be filed except pursuant to a resolution of
a special meeting o f the society duly called fo r the purpose in accord
ance with its rules, and with respect to such resolution and the pro
cedure thereon sections ninety-eight and ninety-nine shall apply.
(8) Such petition when duly filed shall be referred to the court by
the clerk, and the court, if it considers the dispute sufficiently grave
to call for investigation and settlement, shall notify the minister thereof,
and appoint a time and place at which the dispute will be investigated
and determined, in like manner as in the case o f a reference, and the
court shall have jurisdiction to hear and determine the same accordingly
and to make award thereon.
(9) In making any award under this section the court shall have
regard to the schedule to “ The Government Bail way Department
Classification Act, 1896.”
(10) In any proceedings before the court under this section the
minister may be represented by any officer o f the department whom
he appoints in that behalf.
(11) A ll expenses incurred and moneys payable by the minister
under this section shall be payable out o f moneys to be appropriated
by parliament for the purpose.
(12) In no case shall the board have any jurisdiction over the
society, nor shall the society or any branch thereof have any right to
nominate or vote fo r the election o f any member o f the board.
(13) Except fo r the purposes o f this section the court shall have no
jurisdiction over the society.
(14) F or the purposes o f the appointment o f members o f the court,
the society shall be deemed to be an industrial union o f workers, and
may make recommendations to the governor accordingly.
(7) MISCELLANEOUS.
A n y notification made or purporting to be made in the Gazette
by or under the authority o f this act may be given in evidence in all
courts o f justice, in all legal proceedings, and for any o f the purposes
o f this act, by the production o f a copy o f the Gazette.
1 1 1 . (1) E very document bearing the seal o f the court shall be
received in evidence without further proof, and the signature o f the
president o f the court, or the chairman o f the board, or o f the regis
trar, or o f the clerk o f awards, shall be judicially noticed in or before
any court or person or officer acting judicially or under any power or
authority contained in this act:
Provided such signature is attached to some award, order, certificate,
or other official document made or purporting to be made under this act.
(2) No p roof shall be required o f the handwriting or official position
o f any person acting in pursuance o f this section.
112. The governor from time to time may make regulations for any
o f the follow ing purposes:
(1) Prescribing the forms o f certificates or other instruments to be
issued by the registrar, and o f any certificate or other proceeding o f
any board, or any officer thereof;
(2) Prescribing the duties o f clerks o f awards, and o f all other officers
and persons acting in the execution o f this act;
(3) Providing fo r anything necessary to carry out the first or any
subsequent election o f members o f boards, or on any vacancy therein,
110.
NEW ZEALAND CONCILIATION AND ARBITRATION ACT.
1311
or in the office o f chairman o f any board, including the forms o f any
notice, proceeding, or instrument o f any kind to be used in or in respect
o f any such election;
(4) Providing for the mode in which recommendations by industrial
unions as to the appointment o f members o f the court shall be made
and authenticated;
(5) Prescribing any act or thing necessary to supplement or render
more effectual the provisions o f this act as to the conduct o f proceed
ings before a board or the court, or the transfer o f such proceedings
from one o f such bodies to the other;
(6) Providing generally for any other matter or thing necessary to
give effect to this act, or to meet any particular case;
(7) Prescribing what fees shall be paid in respect o f any proceeding
before a board, or the court, and the party by whom such fees shall be
paid;
(8) Prescribing what respective fees shall be paid to the members of
the court (other than the president) and to the members o f the board;
(9) Prescribing what respective traveling expenses shall be payable
to the members o f the court (including the president) and to the mem
bers o f the board; and
(10) F or any other purpose fo r which regulations are contemplated
or required in order to give full effect to this act.
1 1 3 . A ll such regulations shall come into force on the date o f the
gazetting thereof, and shall be laid before parliament within fourteen
days after such gazetting if parliament is then in session, or, if not in
session, then within fourteen days after the beginning o f the next
session.
1 1 4 . Nothing in this act or the regulations thereunder shall super
sede any fees payable by law in respect o f proceedings under “ The
Justices o f the Peace A ct, 1882,” or in any court o f judicature.
1 1 5 . A ll charges and expenses incurred by the government in con
nection with the administration o f this act shall be defrayed out o f
such annual appropriations as from time to time are maae fo r that
purpose by parliament.
116. No stamp duty shall be payable upon or in respect o f any
registration, certificate, agreement, award, statutory declaration, or
instrument affected, issued, or made under this act:
Provided that nothing in this section contained shall apply to the
fees o f any court payable by means o f stamps.
117. The acts specified in the schedule hereto are hereby repealed:
Provided nevertheless as follows:
(1) E very person appointed to any office under such repealed acts,
and holding office at the time o f the repeal, shall be deemed to have
been duly appointed under this act.
. (2) E very union or association registered and incorporated under
such repealed acts at the time o f the repeal shall be deemed to be
registered and incorporated under this act.
(3) A ll registers, records, certificates, awards, industrial agreements,
and other official documents existing under such repealed acts at the
time o f the repeal shall endure and continue fo r the purposes o f this act.
(4) A ll proceedings pending under such repealed acts at the time of
the repeal may be continued and completed under this act.
1 1 8 . Except as provided by section one hundred and nine hereof,
nothing in this act shall apply to the Crown, or to any department o f
the government o f New Zealand.
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
[It is the purpose of this Bureau to publish from time to time important agree
ments made between large bodies of employers and employees with regard to wages,
hours of labor, etc. The Bureau would be pleased to receive copies of such agree
ments whenever made.]
FO RM O F A G R E E M E N T USED B Y T H E M A STE R B U IL D E R S’
A SSO C IA TIO N O F BOSTON.
This agreement, made th e ----------, in the year one thousand nine hun
dred and----------, by and between----------, a voluntary association, having
a usual place o f business i n ----------, in the county o f ----------and State
o f ----------, party o f the first part, a n d ----------, a voluntary association,
having a usual place o f business i n ----------, in the county o f ---------- and
State o f --------- , party o f the second part, witnesseth, that for the pur
pose o f establishing a method o f peacefully settling all questions o f
joint concern, and in consideration o f the mutual benefit to be derived
therefrom, the sa id --------- and the sa id -----------, parties o f the first and
second parts, severally and jointly agree that no such question shall
be conclusively acted upon by either body independently, but shall be
referred for settlement to a joint committee, which committee shall
consist o f an equal number o f representatives from each association,
and that the findings o f said committee shall be final and binding upon
the organizations— parties hereto— and upon their respective members.
The effect o f the above agreement is understood^ to be that in no
event shall strikes or lockouts be permitted, but that all questions and
differences shall be submitted to the joint committee, work to proceed
without stoppage or embarrassment, and that no sympathetic action
shall be taken by either o f the organizations— parties hereto— or by
their members, in support o f any action taken by any other organiza
tion or the members thereof.
In carrying out this agreement the parties hereto agree that there
shall be no discrimination against workmen or employers by the parties
hereto or by their members, on account o f membership or nonmember
ship, in any society or organization whatsoever.
The parties hereto also agree that this agreement shall not be annulled
by withdrawal o f either party or otherwise, except after date o f expi
ration o f working rules established under this agreement, notice to be
filed by either party so intending with the other party to this agree
ment at least six months prior to said date, and that no amendment
shall be made to this agreement except upon like notice and by con
current vote.
The joint committee above referred to is hereby created and estab
lished, and the follow ing rules adopted fo r its guidance:
1.
This committee shall consist o f not less than six members, equally
divided between the associations represented. The delegates to the
committee shall be elected annually b y their respective associations at
their regular meetings fo r the election o f officers, the presidents of
1312
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1313
the respective associations being delegates ipso facto. An umpire shall
be chosen by the committee at their annual meeting, as the first item o f
business after organization. This umpire must be neither a workman
nor an em ployer o f workmen. He shall not serve unless his presence
is made necessary by failure o f the committee to agree. In such cases
he shall act as presiding officer at all meetings and have the casting
vote, as provided in rule 7.
2. The duty o f the committee shall be to consider such matters of
mutual interest and concern to the employers or to the workmen in
this trade, as are comprehended in this agreement or as may be re
ferred to it in due and proper form by either o f the parties to this
agreement, transmitting its conclusions thereon to each association
for its government.
3. An annual meeting o f the committee shall be held during the
month o f November, at which meeting the special business shall be
the determination o f “ working rules” to guide and govern employers
and workmen in this trade fo r the ensuing calendar year; these rules
to comprehend hours o f labor, rates o f wages, and any other questions
o f joint concern then before said committee.
4. Special meetings shall be held when either o f the parties hereto
desire to call the attention o f the committee to any infringement of
the rules established by the said committee, or to submit any question
to the committee fo r settlement.
5. F or the proper conduct o f business, a chairman shall be chosen
at each meeting, but he shall preside only fo r the meeting at which he
is so chosen. The duty o f the chairman shall be that usually incum
bent on a presiding officer.
6. A clerk shall be chosen at the annual meeting, to serve during
the year. His duty shall be to call all regular meetings, and to call
special meetings when officially requested so to do by either party
hereto. He shall keep true and accurate record of the meetings, trans
mit all findings to the associations interested, and attend to the usual
duties o f the office.
7. A majority vote shall decide all questions. In case o f the absence
o f any member, the president o f the association by which he was
appointed shall have the right to appoint a substitute in his place.
The umpire shall have casting vote in case o f tie.
In witness wheroof, the parties hereto, duly authorized by their
respective constituent associations, have caused these presents to be
subscribed, and their respective seals to be affixed, by officials here
unto duly and specially authorized and empowered, th is----------day o f
----------, A . D. 19— .
B y ----------, President.
----------, Secretary.
B y ---------- , President.
----------, Secretary.
SC A L E O F PR IC E S F O R D A IL Y N E W S P A P E R OFFICES O F
T Y P O G R A P H IC A L UNION NO. 13 F O R TH E Y E A R 1903.
S e c t io n 1. In offices where typesetting or type-casting machines
are used none but journeymen members o f Typographical Union No.
13 shall be employed as printers, foremen, make-ups, operators,
1314
BULLETIN OF THE BUREAU OF LABOR.
proof readers, copyholders, copy cutters, bank m en, and linotype
machinists.
S e c . 2. A ll work, whether done by machine or hand, shall be on
a time basis, as follow s: On morning papers, with or without after
noon editions, not less than twenty-four dollars and thirty-six cents
($24.36) shall be paid fo r a week o f forty-tw o hours. Overtime to
be paid fo r at the rate o f eighty (80) cents per hour. Not less than
forty-tw o hours shall constitute a week’s work, and when practicable
a week’s work shall consist o f six days o f seven hours each; but where
exigencies o f business require the length o f each day’s work shall be
agreed upon between chapel and employer: provided always that not
less than six nor more than nine hours be worked in any one day nor
more than forty-tw o hours be worked in a week. A ll hours over nine
in one day and forty-tw o in one week shall be counted as overtime.
S e c . 3. E xtra help, when employed fo r not more than three days in
one week, shall be given not less than seven continuous hours (except
as provided for luncheon) each day. W h en more than three days are
worked by an extra the hours may be regulated as provided for in
section 2.
S e c . 4. The hours o f labor shall be continuous, with the exception
o f an intermission o f not less than 30 minutes nor more than 45 min
utes fo r luncheon, which shall not be counted as office time. A t least
15 minutes must be given for luncheon, and where less than 30 minutes
are allowed it shall be counted as office time. On morning papers the
hours o f labor for regulars shall be between 5 p. m. and 5 a. m. and
on afternoon editions o f morning papers between the hours o f 8 a. m.
and 6.30 p. m. These hours shall not apply to extra men emploved
by the office.
S e c . 5. W hen “ good d a y ” or “ good n ig h t” has been called and
a man is called back after leaving the office he shall receive $1 com
pensation fo r said call, besides regular overtim e.
S e c . 6. No matter used in the columns o f the paper using machines
shall be transferred or sold to any other newspaper office, and no work
shall be done fo r any office on strike.
S e c . 7. No person shall be eligible as an apprentice on machines
who is not a journeyman printer and a member o f Typographical Union.
No. 13. The term o f apprenticeship on the machines shall be eight
consecutive weeks, and the compensation $16.00 per week.
S ec . 8. Apprentices shall serve live (5) years o f the trade, at the end
o f which time they shall be classed as journeymen and receive journey
men’s wages. During the last year o f their apprenticeship they shall
be instructed in all the intricate work done in the office where they are
employed, such as setting ads., etc., and shall serve the last eight (8)
weeks o f their apprenticeship exclusively learning to operate typeset
ting machines. The number o f apprentices to be employed to be gov
erned by the constitution and laws o f Typographical Union No. 13.
S e c . 9. When the product is not used, members and apprentice
members may learn to operate without learners’ wages.
S e c . 10. The machinist shall not have any control over the operator.
S e c . 11. Machine operators are subject to the call o f the foreman
for other work when desired.
AGREEM ENTS
BETW EEN
EM PLOYERS
AND
EM PLOYEES.
1315
S e c . 12. No compositor who has been discharged from an office for
cause shall be eligible to sub except at the option o f the office.
S e c . 13. No paper shall give or transfer a m atrix of an advertise
ment other than a cut, and then only to signers o f this scale.
S e c . 14. No employee of the composing room who desires to lay
oft shall be compelled to work when a competent sub can be had.
Employees shall put on their own subs from the floor o f the office. The
foreman shall be the judge o f the competency o f the sub.
S e c . 15. This agreement shall be continuous, running from year to
year, and can only be changed by the Boston Daily Newspaper Asso
ciation or any individual newspaper or Typographical Union No. 13
giving written notice o f any proposed change, including details, sixty
(60) days prior to November 15 o f any year, such changes to take
effect on November 16th.
EVENING PAPERS.
S e c t io n 1. On evening papers without morning editions not less
than twenty-two dollars and twenty-six cents ($22.26) per week shall
be paid fo r a week o f six days, seven hours to constitute a day’s work.
S e c . 2. The hours o f labor shall be between 7.30 a. m. and 5 p. m.,
and shall be continuous with the exception o f an intermission o f not
less than 30 nor more than 45 minutes fo r luncheon, which shall not
be counted as office time. A t least 15 minutes must be given fo r lunch
eon, and where less than 30 minutes is allowed it shall be counted as
office time.
S e c . 3. Extra help may be employed for a full day’s work. (a)
S e c . 4. O vertim e shall be paid fo r at the rate o f eighty (80) cents
per hour.
S e c . 5. Section 1 and sections 5 to 15, inclusive, o f the m orning
scale shall apply to evening papers.
ARBITRATION.
The arbitration agreement as entered into by the International T y p o
graphical Union and the American Newspaper Publishers’ Association
shall govern in all disputes that may arise.
The above scale is hereby agreed upon by Frederick Driscoll, repre
senting the Boston Globe Newspaper Company, the Boston Herald
Company, the Boston Traveler Company, the Boston Daily Advertiser
and the Boston Evening Record, the Journal Newspaper Company,
the Post Publishing Company, and James M. Lynch and Henry
McMahon, representing Boston Typographical Union, No. 13, to take
effect from November 16,1902.
F r e d e r ic k D r is c o l l .
J a m e s M. L y n c h .
H e n r y M cM a h o n .
B o st o n ,
December 15, 1902.
aAn extra is a man put on for the convenience of the office for less than a full
week’ s work.
1316
BULLETIN OF THE BUREAU OF LABOR.
PU B L ISH E R S’ A G R E E M E N T W IT H T Y P O G R A P H IC A L
UNION SC A LE CO M M ITTEE.
B o st o n , November 8 , 190<2.
W e, the undersigned, publishers o f the Boston Advertiser, Boston
Globe, Boston Herald, Boston Journal, Boston Post, Boston Record,
and Boston Traveler, having ref erred demand o f Typographical Union
No. 13 to arbitration, in accordance with the terms o f the agreement
between the American Newspaper Publishers5 Association and the
International Typographical union, hereby agree to be bound by the
decision o f the National Board o f Arbitration.
T h e G l o b e N e w s p a p e r C o .,
B y C h a s . H. T a y l o r , Jr., Treasurer.
T h e B o ston H e r a l d C o .,
h i t i n g , Business Manager.
T h e B o sto n T r a v e l e r C o .,
F. N. L i t c h f i e l d , Treasurer.
T h e B o ston D a i l y A d v e r t is e r and
T h e B o sto n E v e n in g R e c o r d ,
W . E. B a r r e t t , Publisher.
T h e J o u r n a l N e w s p a p e r C o .,
S t e p h e n O ’M e a r a .
T h e P ost P u b l is h in g C o .,
E. A. G r o z ie r , Treasurer.
B y F r e d E. W
By
By
By
By
FO R M O F A G R E E M E N T USED B Y T H E M A N U FA C TU R E R S5
CLU B O F B U F F A L O .
This agreement, made this ---------- day o f ----------, 190— , by and •
betw een ------------, an em p lo y er’ s association party o f the first part,
a n d ----------, an employee’s association, party o f the second part,
Witnesseth, That whereas the parties hereto are desirous o f estab
lishing equitable wage rates and securing stability in their relations as
employer and employee and equal protection o f their respective rights,
Now therefore, the parties hereto have covenanted and agreed, and
by these presents do covenant and agree to and with each other as
follow s:
A r t ic l e 1. The party o f the second part agree to withdraw their
demands that the party o f the first part should operate their business
under the rules and regulations o f the union in regard to apprentices,
and no limit is placed on number o f apprentices.
A r t . 2. The standard minimum wage rate fo r journeymen who
have learned the general trade o f ----------shall b e ----------- cts. per hour.
A r t . 3. The standard minimum wage rate shall be subject to the
follow ing differentials:
The young man who has completed his apprenticeship, and who by
reason o f his mechanical inferiority or lack o f experience, or both,
shall be unfitted to receive the full wage rate provided fo r above, shall
be free to make such arrangement as to wage with his employer for a
period mutually satisfactory as may be agreeable to himself and
employer.
There being a grade o f work calling fo r less skill than is required
by the ordinary man, this grade being limited in quantity, it is agreed
that nothing in this agreement shall be construed as prohibiting the
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1317
employer from employing a man to make such work and paying for
same at a rate that may be mutually agreed upon between them. It
is understood that a man who is working for and receiving a rate of
wages o f ------ cents per hour or over is not to be asked to make a
grade o f work referred to above fo r any less wage rate than he is reg
ularly entitled to under this agreement. This does not give the man
the right to refuse to make the work if it is offered to him at his reg
ular wage rate.
A r t . 4. It is agreed that nothing in the foregoing shall be con
strued as prohibiting piece or premium work, and when it is desired
on the part o f the employer that his work shall be done under the
piecework or premium system, it is agreed that the wages o f the man
shall be based so that he may earn a wage not less than if working by
the day. This is understood as applying to men who are competent
to do an equal amount o f work and o f equal quality to the average man
in the shop in which he is employed.
W here the em ployer and man can not agree on the piece price for
a certain piece o f work, the em ployer is to have the work done by
the day fo r a period o f a day or m ore, according to the nature o f the
w ork, in order to establish a fair and equitable wage rate on the work
in question; nothing in this agreement shall be construed as prevent
ing a man from agreeing with his em ployer on a piece or premium
price as soon as he is given a pattern.
A r t . 5. Time and a half shall be paid fo r all overtime, excepting
in cases o f accident or causes beyond control continuing not more
than 30 minutes; and double time for Sundays and legal holidays, to
wit, Fourth o f July, Labor Day, Thanksgiving Day, and Christmas.
It being further understood that when shops do not make a practice
o f running beyond bell or whistle time and are occasionally late, the
“ give ana take” system shall apply in all such cases, it being further
understood that both sides should show a spirit o f fairness in adjusting
matters o f this kind.
A r t . 6. A rbitrary limitations o f output on the part o f men, or
arbitrary demands fo r an excessive amount o f output by the men on
the part o f the em ployers, being contrary to the spirit o f equity which
should govern the relationship o f em ployer and em ployee, all attempts
in that direction by either party are to be viewed with disfavor, and
w ill not receive the support o f either o f the respective associations
parties to this agreement.
It being further agreed that the wage rates specified herein are to
be paid fo r a fair ana honest day’s work on the part o f the man, and
that in case a man feeling that a wrong has been done him by his
employer and that his treatment has been at variance with the terms
o f this agreement, he shall first endeavor to have the same corrected
by a personal interview with his employer, and, failing in this, then
he shall report same to the proper channel o f his local union for inves
tigation. I f there is any objectionable action on the part o f the man
which is in conflict with this agreement or the spirit thereof, then the
employer is to point out to the man where he is wrong, and, failing in
this, he may discharge the man fo r breach o f discipline, or else retain
him in his service and submit the case to his association fo r investigation.
In order that there may be no misunderstanding as to the wages a
man is to receive under the above agreem ent, it is understood that a
man m ust agree with the employer on the rate o f wages he is to receive
1318
BULLETIN OF THE BUREAU OF LABOR.
at the time lie is engaged; it being further agreed that neither the man
nor the employer is to deviate from the terms o f this agreement as to
wages or deportment.
A r t . 7. The parties to this agreement deprecate strikes and lockouts,
and desire to discourage such drastic measures among the members
o f their respective associations.
It is therefore agreed that all unfair or unjust shop practices on
the part o f men or employers are to be viewed with disfavor‘ by the
respective associations, and any attempt on the part o f either party to
this agreement to enforce any unfair or unjust practice upon the other
is to be the subject o f rigid investigation b y the officers o f the respec
tive associations; and if upon careful investigation such charges are
sustained against the party complained of, then said party is to be sub
ject to discipline according to the by-laws o f the respective associations.
And it is further agreed that all disputes which can not be settled
amicably between the employer and men shall be submitted to arbi
tration as follows: Either party shall have the right to ask its reference
to a committee o f arbitration, which shall consist o f the presidents o f
the respective associations or their representatives, and two other
representatives from each association appointed by the respective
presidents.
The finding o f this committee o f arbitration by a majority vote shall
be final.
Pending adjudication by this committee o f arbitration there shall be
no cessation o f work at the instance o f either party to the dispute.
The committee o f arbitration shall meet within two weeks after
reference o f the dispute to them.
A r t . 8. W hen the words “ em ployer” or “ m en” are used, it is
understood that their foreman or representatives may carry out the
provisions o f this agreement and act fo r them.
A r t . 9. It is further agreed that nothing in the foregoing shall be
construed as applying to operators o f labor-saving machines who
have not learned the general trade, and the right o f the employer to
introduce or operate such machines in his factory shall not be ques
tioned. And other men than members o f the union may be employed,
it being distinctly understood that the right to run an open shop is not
abridged.
A r t . 10. This agreement shall continue in force t o --------- ,190— ,
and thereafter t o ----------, 190— , and to continue from year to year from
----------, 190— , unless notice be given o n ---------- o f any year by either
party to this agreement signifying their desire to change or m odify
the conditions o f this agreement.
And it is further agreed that should any agreement be reached by a
conference o f representatives o f the respective national associations
upon the question o f wage rates, and in conflict with the terms o f this
agreement, that a conference o f the parties hereto shall be called
immediately to conform the terms o f this agreement to those o f the
national agreement; otherwise this agreement is to continue in force
as above provided.
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1319
A G R E E M E N T B E TW E E N M A R IN E FIREM EN , O ILERS, A N D
W A T E R T E N D E R S’ L O C A L NO. 124, O F TH E I. L. M. AN D
T. A . A N D TH E L A K E C A R R IE R S’ ASSOCIATION O F
BUFFALO.
This agreement, made and entered into at the city of Buffalo this
17th day o f A pril, 1903, by and between the Lake Carriers’ Associa
tion, a corporation o f the State o f W est Virginia, by its executive
committee, duly authorized, and the Marine Firemen’s Local 124, o f
the I. L. M. & T. A ., duly authorized representatives, witnesseth:
First. This agreement is made fo r the navigation season o f 1903, on
the Great Lakes, fo r all vessels enrolled or may hereafter be enrolled
in the Lake Carriers’ Association.
Second. It is understood and agreed that steamers covered by this
contract shall not be required to carry any more or less men than was
the custom previous to 1902, except in cases where men are unable to
do the work. Then they can apply to the engineer or owner for such
additional help as the engineer may deem necessary; and in the event
o f difference arising, the same shall be adjusted promptly by the pres
idents o f the parties hereto, respectively, who, if unable to agree, shall
call in a third disinterested party, and the decision o f a majority of
these three shall be final and binding.
Third. In the event that Firemen’s Union Local 124, I. L. M. &
____ called
_____ _for
__ by
^ the
___
T. A ., is unable to furnish sufficient men
____ when
engineer or his representative, he may ship nonunion men to fill such
shortage for not longer than the ensuing round trip; and such non
union men shall not be disturbed before the expiration o f their terms
o f shipment fo r the trip as above provided.
Fourth. It is distinctly understood and agreed that all men working
under this agreement shall prom ptly obey all orders o f the executive
officers and engineers.
Fifth. It is further understood and agreed that no union man
shipping on any boat covered by this contract for the trip shall desert
. the ship before the trip is completed, and in case he aoes so desert
before the trip is completed, such desertion shall be reported to the
Firemen, Oilers, and Watertenders’ Union, who agree to discipline him
and not offer him fo r shipment fo r a period o f thirty days.
Sixth. It is further agreed that all requisitions for men to be
furnished under this contract shall be made to the officers or agents of
the Marine Firemen, Oilers, and Watertenders’ Union when not shipped
aboard the boat, and, if any transportation is required to get the men
to the vessel, the same shall be furnished by the Marine Firemen’s Local
who, in turn, shall be reimbursed by the captain or owner (as the case
may be), after such men have made the round trip as agreed. Nothing
in this article shall prevent or prohibit the engineer o f the vessel from
shipping union men who may apply to him as heretofore.
Seventh. It is also agreed that the offices o f the Firemen’s Local
shall be kept open until ten p. m. each day during the navigation season
at the ports o f Buffalo, Conneaut, Ashtabula, Cleveland, Toledo,
Detroit, Bay City, Chicago, South Chicago, Milwaukee, Superior,
and Ogdensburg.
1320
BULLETIN" OF THE BUREAU OF LABOR.
W A G E SCALE.
Subject to the foregoing terms and conditions the Lake Carriers’
Association and the members of the Marine Firemen, Oilers, and
Watertenders’ Association do hereby agree to the following scale o f
wages fo r the season o f 1903:
1. The wages o f the men employed in fitting out shall be $1.75 per
day while they are not boarded on the vessel. As soon as they are
shipped fo r the trip and the vessel is in commission the rate shall be
the wage fixed by the schedule hereinafter provided.
2. The rate o f wages for firemen, oilers, and watertenders shall be
at the rate o f $47.50 per month until October first, and from October
first to the close o f navigation the wage to be $65 per month.
3. A fter the close o f navigation and when the boats are being laid
up the firemen, oilers, and watertenders are to receive sailing wages,
with board, or $0.75 per day for board.
4. The engineers on steel tow barges shall receive $70 per month
for the entire navigation season.
5. It is the intention o f the parties to this agreement that the Marine,
Firemen, Oilers, and Watertenders’ Local shall furnish and supply to
all vessels o f the Lake Carriers’ Association all o f the men they require
o f the classes herein mentioned to the utmost o f their ability.
6. It is understood and agreed that the Firemen, Oilers, and W atertenders’ Local agrees that it will at all times use its best efforts, and,
so far as possible, guarantee a sufficient number o f men to carry out
this contract to the satisfaction o f the Lake Carriers’ Association, and
further, that said Firemen, Oilers, and Watertenders’ Local will not
order or allow its members to go on strike fo r any cause, but shall not
be required to w ork under police protection on the boat.
7. In the event o f any difference arising between the two parties
hereto as to the meaning or intent o f any part o f this contract, the
men shall continue to w ork and said differences to be arbitrated in the
usual way.
In witness whereof the Lake Carriers’ Association, by its executive
committee and president, as aforesaid, has caused this contract to be
subscribed and made on its behalf, and the said Marine Firemen, Oilers,
and Watertenders’ Local 124 o f the I. L . M. & T. A . has caused this
agreement to be subscribed and entered into on their behalf, by their
representatives, whose names are also hereunto subscribed, at the city
o f Buffalo, the day and year first above written.
J a m e s S t e w a r t , Preset
M ic h a e l C a s e y .
H a r r y J ackson,
D a n ’l J . K e e f e ,
J. J. J oyce.
L a k e C a r r ie r s ’ A s s o c ia t io n ,
By W . L iv in g s t o n e , Pres.
A . B. W o l v i n , by E. S.
H . A . H a w g o o d , by E. S.
H e n r y C o u l b y , by E. S.
E d w a r d S m it h ,
E . T. E v a n s ,
By T. M u r f o r d .
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1321
AG R E E M E N T BETW E E N LU M B E R CARRIERS’ A SSO C IA
TION A N D TH E FIREM EN , O ILE RS, AN D W A T E R TEN D ERS’ L O C A L , NO. 124, O F TH E I. L. M. & T. A .
This agreement, made and entered into in the city o f Buffalo, N. Y .,
A pril 20th, 1903, by and between the Lumber Carriers’ Association
by its duly authorized committee and the Firemen, Oilers, and Watertenders o f the Great Lakes, Local No. 124, o f the I. L. M. & T. A .,
by its duly authorized representatives, witnesseth as follows:
A r t ic l e 1. This agreement is made fo r the navigation season o f
1903 on the Great Lakes for all vessels now enrolled or hereafter
enrolled in the Lumber Carriers’ Association.
A r t . 2. It is understood and agreed that steamers covered by this
contract shall not be required to carry any more or less men than the
custom that has heretofore prevailed.
A r t . 3. In the event that the Firemen’s Union is unable to furnish
sufficient union men when ca11 1 * 1 Jl
J
1*
tives, he may ship nonunion
than the ensuing round trip r
turbed before the expiration o f their terms o f shipment fo r the trip
as above provided.
A r t . 4. It is distinctly understood and agreed that all men working
under this contract shall observe and perform and execute faithfully,
promptly, and cheerfully all orders given by their superior officers.
A r t . 5. It is further understood and agreed that no union man
shipping on any boat covered by this contract for the trip shall desert
the ship before the trip is completed. The captain or his representa
tive shall report such desertion to the Firemen’s Union; such deserter
shall not again be employed under this contract within the next thirty
days thereafter.
A r t . 6. It is further agreed that all requisitions for men to be
furnished under this contract shall be made by the officers o f the ves
sels covered hereby to the agencies o f the Firemen’s Association. A
list o f the names o f such agents with addresses shall be furnished to
the Lumber Carriers’ Association from time to time, so that they may
notify their engineers where to apply fo r men. Nothing in this article
shall prevent or prohibit the master or his representatives o f any ves
sel shipping union men who may apply to him for a job as heretofore.
A r t . 7. The sleeping quarters o f the men shall have good and
clean bedding, clean linen furnished each trip, and rooms properly
ventilated.
A r t . 8. The men shall be furnished with good and wholesome food
properly cooked.
W A G E SCALE.
Subject to the foregoing terms and conditions the Lumber Carriers’
Association and the members o f the Firemen’s Union do hereby agree
to the follow ing scale o f wages fo r the season o f 1903.
A r t ic l e 1. The wages o f the men employed in fitting out steamers
shall be $1.75 per day while they are not boarded on the vessel. As
soon as they are shipped for the trip and the vessel is in commission
the rates shall be the wages fixed by the schedule herein provided.
A r t . 2. The rate o f wages fo r firemen shall be at the rate o f
$47.50 per month from the opening o f navigation to the 1st day o f
1322
B U L L E T IN
OP
THE
BUREAU
OF
LABOR.
October, and from the 1st day o f October to the close o f navigation at
the rate o f $65 per month.
A r t . 3. A fter the close o f navigation and when the boats are being
laid up the firemen are to receive sailing wages with board, or $0.75
per day in lieu thereof.
A r t . 4. It is the intention o f the parties to this agreement that
the Firemen’s Union shall and must furnish to all vessels o f the Lum
ber Carriers’ Association all the men they require to the utmost o f
their ability. It is understood that the said Firemen’s Union agrees
that it will at all times use its best efforts and so far as possible guar
antee a sufficient number o f men to carry out this contract to the sat
isfaction o f the Lumber Carriers’ Association; and further, that said
Firemen’s Union will not allow or order its men to go out on strike
for any cause. In the event o f any differences arising between the
parties hereto as to the meaning and intent o f any part o f this contract
the men shall continue to work and said differences shall be arbitrated
in the usual way.
It is mutually agreed by and between the Lumber Carriers’ Associa
tion and the Firemen’s Union that duly authorized delegates or repre
sentatives shall be appointed to meet before March 1st, 1904, fo r the
purpose o f arranging a wage scale and contract on vessels o f the Lum
ber Carriers’ Association fo r the season o f 1904.
In witness whereof, The Lumber Carriers’ Association, by its duly
authorized committee as aforesaid, has caused this contract to be sub
scribed and made on its behalf, and the said Firemen, Oilers, and W atertenders o f the Great Lakes, Local No. 124, o f the I. L. M. & T. A .,
has caused the same to be subscribed and entered into on its behalf by
its representatives, whose names are also hereunto subscribed, in the
city o f Buffalo, State o f New Y ork, this 20th day o f A pril, 1903, in the
year first above mentioned.
F or the Lumber Carriers—
W . H. T e a r e .
E. L . F is h e r .
C h a s . H. P r e s c o t t , Jr.
J. A . C a l b e c k .
W . D. H a m il t o n .
O . W . B lodgett.
H. E. R u n n e l s .
For the Firemen’s Union—
J a m e s S t e w a r t , P res.
M ic h a e l C a s e y , Seay.
H a r r y J ackson.
For I. L. M. & T. A .—
D a n ’l J . K
eefe,
P res,
AG R E E M E N T B E T W E E N T H E A R C H IT E C T U R A L IRON
L E A G U E A N D T H E B R ID G E A N D STR U C TU R A L IRON
W O R K E R S ’ UNION NO. 1, O F C H IC A G O , A P R IL , 1903.
This agreement, made this first day o f A pril, 1903, by and between
the Architectural Iron League et al. (employers), party o f the first part,
and Structural Iron W orkers’ Union No. 1, o f Chiternational Association, Bridge and Structural Iron
W orkers, party o f the second part, fo r the purpose o f preventing
AGREEM ENTS
BETW EEN
EM PLOYERS
AND
EM PLOYEES.
1323
strikes and lockouts and facilitating a peaceful adjustment o f all griev
ances and disputes which may, from time to time, arise between the
employer and mechanics in the bridge and structural iron and steel
trade.
The territory covered by this agreement is Chicago and Cook County.
NO OUTSIDE INTERFERENCE.
Witnesseth, That both parties to this agreement hereby covenant
and agree that they will not tolerate nor recognize any right o f any
other association, union, council, or body o f men not directly parties
hereto to interfere in any way with the carrying out o f this agree
ment, and that they will use all lawful means to compel their members
to comply with the arbitration agreement and working rules as jointly
agreed upon and adopted.
PRINCIPLES UPON WHICH THIS AGREEMENT IS BASED.
Both parties hereto this day hereby adopt the following principles
as an absolute basis fo r their joint working rules, and to govern the
action o f the joint arbitration board, as hereinafter provided for:
1. That there shall be no limitations as to the amount o f work a man
shall perform during his working day.
2. That there shall be no restriction o f the use o f machinery or
tools.
3. That there shall be no restriction o f the use of any manufactured
material except prison-made.
4. That no person shall have the right to interfere with workmen
during working hours.
5. That the use o f apprentices shall not be prohibited.
6. That the foreman shall be the agent o f the employer.
7. That all workmen are at liberty to work for whomsoever they
see fit.
8. That all employers are at liberty to employ and discharge wnomsoever they see fit.
HOURS.
Eight hours shall constitute a day’s work, except on Saturdays dur
ing the months o f June, July, August, and September, when work
may stop at 12 o ’clock noon, with four hours’ pay fo r the day.
OVERTIME.
Time and one-half shall be paid for overtime between the hours o f
7 and 8 a. m., and between the hours o f 4.30 or 5 and 7 p. m., and for
Saturday afternoons during the months o f June, July, August, and
September. W here only one shift o f men are employed on the job,
if the same men work after 7 o’clock p. m. double time shall be paid.
W here a single shift is employed, beginning work after 5 p. m., time
and one-half shall be paid for the first 8 hours and double time
thereafter.
HOLIDAYS.
Double time to be paid for work done on Sundays throughout the
year, and also fo r work done on the following four holidays (or days
1324
B U L L E T IN
OF
THE
BUREAU
OF
LABOR.
celebrated as such): Decoration Day, Fourth o f July, Thanksgiving
Day, and Christmas Day. Sunday and holiday time to cover any time
during the 24 hours o f said calendar days.
EXTRA SHIFTS.
W here work is carried on with two or three shifts o f men, working
eight hours each, then only single time shall be paid for both night
and day work during week days and double time fo r Sundays and
the above-mentioned holidays.
LABOR DAY.
No work shall be done on Labor Day.
WAGES.
The minimum rate o f wages to be paid shall be fifty-six and onequarter cents per hour, payable in lawful money o f the United States.
PAY DAY.
It is agreed that journeymen shall be paid at least once every two
weeks and not later than 5 p. m. Tuesday.
TIME AND METHOD OF PAYMENT OF WAGES.
A ll wages are to be paid on the work in full up to and including the
Saturday night preceding pay day. W hen a workman quits work of
his own accord, he shall receive his pay on the next regular pay day.
W hen a man is discharged, he shall be either paid in cash on the work
or given a time check which shall be paid at once on presentation at
the office o f employer, and if he is not paid promptly upon his arrival
at the office, and i f he shall remain there during working hours, he
shall be paid the minimum wages for such waiting time, Sundays and
holidays excepted.
BRANCHES OF WORK COVERED BY THIS AGREEMENT.
The follow ing branches o f work are covered by this agreement: The
erection and construction o f bridges, structural steel and cast iron,
including steel foundation beams other than rails in buildings, via
ducts, steel stacks, coal bunkers when supported on steel frame. The
wrecking o f bridges, viaducts, and fireproof buildings and the erection
and removal o f false work from bridges and viaducts, all cast iron and
steel mullions, except ornamental shell work for store fronts and
cornice for store fronts. The setting o f isolated pieces, such as plates,
caps, corbells, and lintels, etc., may be done by other mechanics.
It is further agreed that after material has been unloaded at the site
it shall be handled by members o f party o f the second part. W hen
material is unloaded by tackle or derrick, it shall be done by members
o f parties o f the second part.
There shall be no infringement on the noon hour.
Piecework shall not be permitted.
I f the party o f the first part sublets any portion o f his work cov
ered by this agreement, the subcontractor snail be subject to the terms
o f this agreement.
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1325
No member or members affiliated with the second party shall leave
the work o f the party o f the first part because nonunion men in some
other line o f work or trade are employed on building or job where
said second party is employed.
FOREMAN.
The foreman, if a union man, shall not be subject to the rules o f
this union while acting as foreman, and no fines shall be entered against
him by his union for any cause whatever while acting in such capacity,
it being understood that a foreman shall be a competent mechanic in
his trade and be subject to the decisions o f the joint arbitration board.
There shall be but one foreman on each job.
STEWARD.
W henever two or more journeymen members o f the second party
are working together, a steward may be selected by them from their
number to represent them, who shall, while acting as steward, be sub
ject only to the rules and decisions o f the joint arbitration board. No
salary shall be paid to a journeyman for acting as steward. He shall
not leave his work or interfere with workmen during working hours
and shall perform his duties as steward so as not to interfere with his
duty to his employer. H e shall always, while at work, carry a copy
o f the working rules with him.
APPRENTICES.
Each employer shall have the right to teach his trade to apprentices,
and the said apprentices shall serve fo r a period o f not less th an -----years, as prescribed in the apprentice rules to be agreed upon by the
joint arbitration board, and shall be subject to control o f the said joint
arbitration board.
ARBITRATION.
Both parties hereto agree that any and all disputes between any
member or members o f the employers’ association on the one side and
any member or members o f the union on the other side during the
life o f this agreement shall be settled by arbitration in the manner
hereinafter provided for, and fo r that purpose both parties hereto
agree that they will, at their annual election o f each year, elect an
arbitration committee to serve one year and until their successors are
elected and qualified. In case o f death, expulsion, removal, or dis
qualification o f a member or members on the arbitration committee
such vacancy shall be filled by the association or union at its next reg
ular meeting. The arbitration committee fo r each o f the two parties
hereto shall consist o f five members, and they shall meet not later than
the fourth Thursday o f January each year in joint session, when they
shall organize a joint arbitration board by electing a president, secre
tary, treasurer, and umpire. The joint arbitration board shall have
full power to enforce this agreement entered into between the parties
hereto and to make and enforce all lawful working rules governing both
parties. No strikes, lockouts, or stoppage o f work shall be resorted
to pending the decision o f the joint arbitration board. When a dis
pute or grievance arises between a journeyman and employer (parties
150— No. 49— 03----- 13
1326
BULLETIN OF THE BUREAU OF LABOR.
hereto), or an apprentice and his employer, the question at issue shall
be submitted in writing to the presidents o f the two organizations,
and upon their failure to agree and settle it, or if one party to the dis
pute is dissatisfied with the decision, it shall then be submitted to the
joint arbitration board at their next regular meeting. I f the joint
arbitration board is unable to agree, the umpire shall be requested
to sit with them and, after he has heard the evidence, cast the decid
ing vote. A ll verdicts shall be decided by majority vote, by secret
ballot, be rendered in writing, and be final and binding on all parties
to the dispute.
WHO ARE DISQUALIFIED TO SERVE ON ARBITRATION COMMITTEE.
No member who is not actively engaged in the trade, or foreman,
nor holds a public office, either elective or appointive, under the
municipal, county, State, or National Government, shall be eligible to
act as the representative in this trade arbitration board, and any mem
ber shall become disqualified to act as member o f this trade joint arbi
tration board and cease to be a member thereof immediately upon his
election or appointment to any other public office or employment.
UMPIRE.
An umpire shall be elected who is in no wise affiliated or identified
with the building industry, and who is not an employee nor an
employer o f labor, nor an incumbent o f a political elective office.
MEETINGS.
The joint arbitration board shall meet to transact routine business
the first Tuesday in each month, but special meetings may be called
on three days’ notice by the president upon application o f three
members.
The joint arbitration board has the right to summon any member or
members affiliated with either party hereto against whom complaints
are lodged fo r breaking this agreement or working rules, and also
appear as witness. The summons shall be handed to the president of
the association or union to which the member belongs, and he shall
cause the member or members to be notified to appear before the joint
arbitration board on date set.
FINES FOR NONATTENDANCE AS WITNESS.
Failure to appear when notified, except (in the opinion o f the board)
valid excuse is given, shall subject a member to a fine o f twenty-five
dollars fo r the first offense, fifty fo r the second, and suspension for
the third.
SALARIES.
The salary o f each representative on the joint arbitration board
shall be paid b y the association or union he represents.
QUORUM.
Seven members present shall constitute a quorum in the joint arbi
tration board, but the chairman o f each o f the two arbitration com
mittees shall have the right to cast the vote in the joint arbitration
board fo r any absent member o f his committee.
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1327
FINES AS RESULT OF ARBITRATION.
A n y member or members affiliated with either o f the two parties
hereto violating any part o f this agreement or working rules estab
lished by the joint arbitration board shall be subject to a fine o f from
ten to two hundred dollars, which fine shall be collected by the presi
dent o f the association or union to which the offending member or
members belong and by him paid to the treasurer o f the joint arbitra
tion board not later than thirty days after the date o f the levying o f
the fine.
I f the fine is not paid by the offender or offenders it shall be paid out
o f the treasury o f the association or union o f which the offender or
offenders were members at the time the fine was levied against him or
them, and within sixty days o f date o f levying same; or in lieu thereof
the association or union to which he or they belonged shall suspend
the offender or offenders and officially certify such suspension to the
joint arbitration board within sixty days from the time o f fining, and
the joint arbitration board shall cause the suspension decree to be
read by the presidents o f both the asssociation and union at their next
regular meeting and then post said decree fo r sixty days in meeting
rooms o f the association and union. No one who has been suspended
from membership in the association or union fo r neglect or refusal to
abide by the decisions o f the joint arbitration board can be again
admitted to membership except by paying his fine or by unanimous
consent o f the joint arbitration board.
A ll fines assessed by the joint arbitration board and collected during
the year shall be equally divided between the two parties hereto by the
joint arbitration board at the last regular meeting in December.
RULES FOR ARBITRATION BOARD AND FOR PARTIES HERETO.
A ll disputes arbitrated under this agreement must be settled by the
joint arbitration board, in conform ity with the principles and agree
ments herein contained, and nothing herein can be changed by the joint
arbitration board. No by-laws or rules, conflicting with this agree
ment or working rules agreed upon, shall be passed or enforced by
either party hereto against any o f its affiliated members in good
standing.
TERMINATION.
is agreed by the parties hereto that this agreement shall be in
force between the parties hereto until May 1st, 1901.
On behalf o f the party o f the first part: Architectural Iron
League o f Chicago, by Robert Vierling, Charles Gindele,
M. R. Vanderkloot, Addison E. W ells, Paul W illis, John
Griffiths.
On behalf o f the party o f the second part: The Bridge and
Structural Iron W orkers’ Union, No. 1, o f Chicago, o f the
International Association o f Bridge and Structural Iron
W orkers, by P . A . Mackin, Thomas Peterson, John O’Dowd,
G. E. Schutz, W m . Shupe.
1328
BULLETIN OF THE BUREAU OF LABOR.
AG REEM EN T BE TW E E N TH E N A T IO N A L W H O L E S A L E
T A IL O R S ’ A SSO C IA TIO N O F C H IC A G O A N D T H E U NITED
G A R M E N T W O R K E R S OF A M E R IC A .
This agreement, made and entered into this tenth day o f January,
A. D. 1903, by and between the National Wholesale Tailors’ Associa
tion o f the city o f Chicago and its members, parties o f the first part,
and the United Garment W orkers o f America, parties o f the second
part, and all the local unions affiliated with said United Garment
W orkers o f America, engaged in the manufacture o f coats, pants, and
vests, and in the busheling and examining departments o f the parties
o f the first part, W itn esseth ,
T hat w hereas the parties o f the first part are in the wholesale
tailoring business in the city o f Chicago, ana the parties o f the second
part are the labor union having jurisdiction over organized labor
employed by the parties o f the first part;
A nd w hereas th e parties hereto are desirous of form ing a w orking
agreem ent and fo rm ulating a w ritten policy fo r th e purpose of in su r
in g peace and harm ony in th e in d u stry herein involved and benefiting
equally all th e p arties hereto:
Now, t h e r e fo r e , it is mutually covenanted and agreed by and
between the parties hereto as follows, to wit:
F irst . It is agreed by and between the parties hereto that from and
after the execution o f this agreement the parties o f the first part will
employ in the manufacturing, busheling, and examining departments
o f shops owned, or hereafter to be owned by the parties or the first
part, only members o f the parties o f the second part. It is distinctly
understood and agreed, however, that the parties o f the first part shall
be allowed to employ nonunion employees in their own shops in case
parties o f the second part can not furnish competent union employees
m sufficient number, and shall be allowed to employ contractors who
have in their employ nonunion tailors.
S econd . The wage scale now in existence between the parties hereto
shall remain the same until June 1st, 1903. No wage scale shall be
discussed or presented fo r coat, pants, vests, tailors, bushelmen, or
examiners belonging to the parties o f the second part until June 1,
1903. They shall not discriminate against the manufacturers o f
special-order clothing as compared with the manufacturers o f ready
made clothing. I f such wage scales so presented shall not be agreed
to by the district trades council o f the parties o f the second part and
the executive board o f the parties o f the first part, the differences, if
any there be, shall be submitted to arbitration, as hereinafter provided.
Both parties agree to bind themselves by the decision o f the arbitra
tion board, and the contract signed not later than June 15th, 1903, and
such contract shall be fo r a period o f not less than twelve (12) months,
commencing July 1, 1903.
T h ir d . It is further agreed by and between the parties hereto that
all contracts hereafter to be signed shall be executed not later than
June 15th o f each year.
F ourth . I t is further agreed that all existing contracts between the
parties o f the first part or any o f its members that may be now in
force on June 1,1903, with any local union affiliated with the parties
o f the second part, or any contractor, shall not be disturbed, but shall
be allowed to continue according to the terms thereof until its
expiration.
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1329
F if t h . It is agreed that in the event o f a misunderstanding or any
dispute arising as to the formulation o f any working agreement, or as
to the construction o f this or any working agreement, or as to the set
tlement o f any .wage scale that may be submitted in accordance with
section two (2) o f this agreement, by and between the parties hereto,
that no house shall lock out any member o f the United Garment
W orkers o f America and no executive board or business agent o f the
parties o f the second part, or any o f its local unions affiliated there
with, shall declare a strike and the United Garment W orkers shall not
declare a strike, but such misunderstanding or dispute shall be referred
within twenty-four hours to the executive board of the parties of the
first part and the district trades council o f the parties o f the second
part fo r settlement, and in case such board and district trades council
fail to settle such controversy within twenty-four hours after the same
shall have been submitted, it is agreed that said executive board and
said district trades council shall, within said twenty-four hours, each
name two arbitrators, who may be members o f the said executive
board and said district trades council, and the four arbitrators so
selected shall, within twenty-four hours, name one disinterested party,
who shall not be a manufacturer or a member o f any labor organiza
tion, and the five so selected shall, within a reasonable time, settle the
difficulty, and the decision so rendered shall be binding on all parties
hereto. And the parties hereto agree to sign a working agreement,
in accordance with the decision so rendered by the arbitrators within
twenty-four hours after the rendition o f such decision.
S ix t h . The parties o f the second part agree not to engage in any
sympathetic strike fo r the purpose o f aiding any labor organization
that are not locals o f the United Garment W orkers o f America.
I n witness w h e r eo f th e p arties hereto, b y th e ir duly authorized
officers and agents, have signed and sealed these presents th e day and
y ea r first above w ritten.
---------------------- ,
[seal.]
B y -------------------.
------------------’
r[SEAL.]n
JO IN T A G R E E M E N T, W O R K IN G R U LE S, A N D R U LE S O F
E ST IM A T IN G BETW EEN T H E C H IC AG O E M P L O Y IN G
P L A ST E R E R S’ A SSO CIATIO N , A N D T H E JO U RN EYM EN
P L A S T E R E R S ’ P R O T E C T IV E A N D BEN EVOLEN T SO CIETY
O F CH IC A G O .
This agreement, made this 24th day o f January, 1903, by and
between the Chicago Em ploying Plasterers’ Association, party o f the
first part, and the Journeymen Plasterers’ Protective and Benevolent
Society o f Chicago, party o f the second part, fo r the purpose o f pre
venting strikes and lockouts and facilitating a peaceful adjustment o f
all grievances and disputes which may, from time to time, arise
between the employer and the mechanics in the plastering trade,
witnesseth:
1.
That both parties to this agreement hereby covenant and agree
that they will not tolerate nor recognize any right o f any other asso
ciation, union, council, o r body o f men, not direct parties to this
agreement, to order a strike or lockout, o r otherwise to dictate or
interfere with the work, and that work can be stopped only by an
1330
BULLETIN OF THE BUREAU OF LABOR.
order signed jointly by the presidents o f the Chicago Employing
Plasterers’ Association and the Journeymen Plasterers’ Protective and
Benevolent Society o f Chicago, parties hereto, or the joint arbitration
board elected in accordance with this agreement; and that they will
compel their members to comply with this arbitration agreement,
rules o f estimating and working rules as jointly agreed upon and
adopted; and that where a member or members affiliated with either
o f the two parties to said agreement, refuse to do so, they shall be
suspended from membership in the association or union to which they
belong.
2. A sympathetic strike shall not be a violation o f this agreement,
provided that the trade in whose interest the sympathetic strike is to
be called offer and are refused arbitration o f the matter in dispute.
3. Nothing in this agreement will be construed as preventing either
the Chicago Em ploying Plasterers’ Association or the Journeymen
Plasterers’ Protective and Benevolent Society from joining a central
organization, but it is distinctly understood that neither the Chicago
Em ploying Plasterers’ Association nor the Journeymen Plasterers’
Protective and Benevolent Society (parties hereto), shall have the right
to join or become affiliated with any central organization which shall
have any law or laws, or pass any law or laws conflicting with or
annulling this joint agreement, except as herein set forth.
4. Both parties hereto this day adopt the following principles as an
absolute basis fo r their joint working rules, and to govern the actions
o f the joint arbitration board, as hereinafter proviaed for, to remain
in full force until A pril 1, 1906, from A pril 1, 1903.
5. There shall be no limitation as to the amount o f work a man
shall perform during his working day. Each man shall do a fair and
honest day’s work.
6. No person shall have the right to interfere with the workmen
during working hours. The business agent shall have access to all
buildings being plastered by parties to this agreement. No person
shall have the right to give orders to the men during working hours
on the building, except the employer or his representative. A ny
trouble arising on a job may be referred to the steward and employer.
7. The use o f two (2) apprentices to each employer shall not be pro
hibited. A n agreement as to the number o f apprentices is hereby
entered into, it being understood that apprentices shall be subject to
joint rules here agreed to.
8. The foreman shall be the agent o f the employer. The foreman
shall be subject to the joint agreement while acting as foreman, and
be subject only to the decisions o f the joint arbitration board for any
cause whatsoever while acting as foreman, and he must be a member
o f the Journeymen Plasterers’ Protective and Benevolent Society.
9. A ll workmen are at liberty to work fo r whomsoever they see fit.
A man can work fo r any employer who will give him work in his trade,
it being understood that he shall demand and receive the wages agreed
upon by the joint arbitration board in his trade.
10. Employers shall be at liberty to emplov and discharge whomever
they see fit, but all men shall receive the full wages agreed upon in
their trade.
11. The steward shall represent the journeymen. He shall be elected
by and from amongst the men in his trade working on the same build
ing, and shall, while acting as steward, be subject to the rules and
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1331
decisions o f the Journeymen Plasterers5 Protective and Benevolent
Society. H e will, however, be subject to the same penalties fo r any
violation o f this agreement. No salary shall be paid to a journeyman
for acting as steward. He shall not leave his work or interfere with
workmen during working hours. He shall always, while at work, carry
a copy o f working rules with him.
12. Eight hours shall constitute a day’s work, except on Saturday,
when work shall stop at 12 o’clock, noon, with four hours’ pay for
that day.
13. Double time to be paid fo r overtime. W ork done between the
hours o f 5 p. m. and 6 a. m., and also Saturday afternoons, shall be
paid fo r as overtime. Double time to be paid tor work on Sundays
throughout the year, and no work shall be done on the following six
holidays (or days celebrated as such): Decoration Day, Fourth o f July,
Thanksgiving Day, Christmas Day, New Year’s Day, and Labor Day.
14. It is hereby agreed that the journeymen shall be paid once every
week, on Friday. When a journeyman is discharged he shall be paid
in full, and also when he is laid off, if he demands it, except when the
layoff is caused by bad weather or other satisfactory cause. W hen a
journeyman quits work o f his own accord he shall receive his pay on
the next regular pay day.
15. The minimum rate o f wages to be paid to plasterers shall be 56£
cents per hour, payable in lawful money o f the United States.
The follow ing branches o f work are covered by this agreement:
P L A IN AND ORNAMENTAL PLASTERING.
16. No by-laws or rules conflicting with this arbitration agreement
or working rules agreed upon shall be passed or enforced by either
party hereto against any o f its affiliated members.
RULES OF ESTIMATING.
17. A ll ornamental plastering upon any building or job shall be let
with or to the contractor having the plain plastering upon such build
ing or job, and no member o f the Journeymen Plasterers’ Protective
and Benevolent Society will be permitted to work upon any building
or job where the ornamental plastering is let to other than the plaster
ing contractor having the contract fo r the plain plastering on such
building or job.
PATCHING OF PLASTERING.
18. No person or persons employing members o f the Journeymen
Plasterers’ Protective and Benevolent Society will be permitted to fig
ure upon or take contracts for any building or job if the specifications
fo r such building or job provide that the contractor fo r the plastering
shall do the patching o f plastering after other mechanics as a part o f
the contract price, and all such patching o f plastering after other
mechanics or the repairing o f plastering damaged by otners than the
plastering contractor shall be paid fo r over and above the contract
price and in accordance with the uniform scale adopted by the Chicago
Plasterers’ Association. A n y person or persons who snail estimate
upon or take any contract fo r any building or job in violation o f this
rule shall be fined five per cent o f his contract price fo r the first offense,
ten per cent o f his contract price fo r the second offense, and fo r a
1332
BULLETIN OF THE BUREAU OF LABOR.
third default he shall be subject to such penalty as the joint arbitra
tion committee shall decide.
19. No member o f the Journeymen Plasterers5 Protective and
Benevolent Society shall be permitted to work upon any building or
job fo r any person violating this rule until all fines levied against the
person so violating has been paid into the treasury of the Journey
men Plasterers5 Protective and Benevolent Society."
20. In conform ity with previous agreements by and between the
Chicago Em ploying Plasterers5 Association and the Journeymen Plas
terers5 Protective and Benevolent Society these rules o f estimating
shall go into immediate effect.
WORKING RULES.
21. The object o f these working rules is to obtain a higher standard
o f work. A ll w ork shall be done in a workmanlike manner, and poor
work shall be done over again by the man doing it, upon his own time,
and without expense to the contractor.
SCRATCH COAT.
22. A ll scratch coating shall be well covered with a good, fair coat
o f mortar, and well scratched. W here lime mortar is used, the scratch
coat shall be dry before the second or browning coat is applied.
PATENT OR HARD MORTAR.
23. The first coat in patent or hard mortar may be 66doubled u p 55
as soon as the first coat has “ set.55
BROWNING.
24. One-coat work on tile, brick, or wooden lath shall be well laid
on and darbied, and the angles rodded and floated when fit. Browning
over scratch coat shall be rodded and floated and made straight.
Patent or hard mortar need not be floated.
FLOAT-SAND FINISH.
25. Shall be laid on even and well floated with a float and brought
to an even surface.
HARD FINISH.
26. Shall be well gauged and troweled, and angles made straight.
COVES.
27. That are bracketed by iron men or carpenters may be done with
rod and darby. W here they are not bracketed as above, coves shall
be run with a mold, and ceilings and walls shall be screeded and rods
shall be put up to run from.
BULL NOSES.
28. A ll bull noses shall be run with a mold.
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1333
GAUGED MORTAR.
29. W here gauged mortar is used the first coat may be doubled up
and finished as soon as it has set.
WORK ON WIRE AND METAL LATH.
30. A ll work on wire and metal lath, where a finish coat is desired,
must be done with three-coat work.
LUMPING.
31. No persons employing plasterers shall lump a job or any part
thereof to any journeyman plasterer so employed, and no journeyman
plasterer shall be allowed to work on any such job.
WORK.
32. A ll work shall be done in a good and workmanlike manner,
and the employer shall allow a reasonable amount o f time to have
same done, and any journeyman plasterer failing to do so shall be
compelled to do the work over again at his own time and expense.
The joint arbitration committee are hereby empowered to judge any
and all work in dispute, and their decision shall be final in all cases.
PATENT OR HARD PLASTER.
33. A ll hard plaster shall be used in accordance with the directions
o f the manufacturer making same.
SEGMENT TILE CEILINGS.
34. Nothing in these rules shall be construed as requiring segment
tile ceilings to be run with molds.
ORNAMENTAL WORK.
35. A n y ornamental plastering work may be cast complete and stuck
up by members o f the Journeymen Plasterers’ Protective and Benevo
lent Society, provided such ornamental plaster be cast from mitre to
mitre.
ORIGINAL CONTRACTOR.
36. The original contractor must finish a job or any part thereof for
which he may have a contract, and no journeyman plasterer will be
permitted to w ork on such job fo r anyone except such original con
tractor unless by the expressed permission o f such original contractor.
Final payment shall be evidence o f completion o f such contract.
Only one member o f any firm o f contractors shall be permitted to
work with tools, this clause having reference to actual work o f plas
tering only.
37. Both parties hereto agree that they will, at their annual election
o f each year, elect an arbitration committee to serve one year and until
their successors are elected and qualified. In case o f death, expulsion,
removal, or disqualification o f a member or members on the arbitra
tion committee, such vacancies shall be filled by the association or
union at its next regular meeting.
1334
BULLETIN OF THE BUREAU OF LABOR.
38. The arbitration committee fo r each o f the two parties hereto shall
consist o f five members, and they shall meet not later than the fourth
Thursday o f January each year in joint session, when they shall organ
ize a joint arbitration board [and] shall elect a president, secretary,
treasurer, and umpire.
39. No member who is not actively engaged in the plastering trade
or occupies any other offices in his association or union except the
office o f president, nor holds a public office, either elective or appoint
ive, under the municipal, county, State, or National Government, shall
be eligible to act as a representative in this trade arbitration board;
and any member shall become disqualified to act as member o f this
trade joint arbitration board and cease to be a member thereof imme
diately upon his election or appointment to any other office in his asso
ciation or union or to any public office or employment. No foreman
shall act on arbitration committee except with the consent o f the Jou r
neymen Plasterers’ Protective and Benevolent Society o f Chicago.
40. A n umpire shall be elected who is in no wise affiliated or identi
fied with the building industry, and who is not an employee nor an
employer o f labor, nor an incumbent o f political office.
41. The joint arbitration board shall meet to transact business from
time to time as occasion may demand. Meetings may be called on
three days’ notice by the president upon application o f three members.
42. W hen a dispute or grievance arises between a journevman and
employer (parties hereto), or an apprentice and his employer, the
question at issue shall be submitted in writing to the presidents o f the
two organizations, and upon their failure to agree and settle it within
two working days, or if one party to the dispute is dissatisfied with
their decision, it then shall be submitted to the joint arbitration board
at its next meeting. They shall hear the evidence and decide in
accordance therewith by majority vote by secret ballot, [decision to]
be rendered in writing and be final and binding on both parties.
43. I f the joint arbitration board is unable to agree, the umpire
shall be requested to sit with them, and, after he has heard the evidence,
cast the deciding vote.
44. The joint arbitration board has the right to summon any mem
ber or members affiliated with either party against whom complaint is
lodged fo r breaking this joint arbitration agreement or working rules,
and also appear as witnesses. The summons shall be handed to the
president o f the association or union to which the member belongs,
and he shall cause the members or member to be notified to appear
before the joint board on date set. Failure to appear when notified,
except (in the opinion o f the board) valid excuse is given, shall subject
a member to a fine o f twenty-five dollars ($25.00) for the first default,
fifty dollars ($50.00) fo r the second, and suspension fo r the third.
45. The salary o f a representative on the joint arbitration board
shall be paid by the association or union he represents.
46. A ny member or members affiliated with either o f the two parties
hereto violating any part o f this agreement, or the working rules
established by the joint arbitration board, shall be subject to a fine
from ten to two hundred dollars, which fine shall be collected by the
president o f the association or union to which the offending member
or members belong, and by him paid to the treasurer of the joint
arbitration board not later than thirty days after the date o f the
levying o f the fine.
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1335
47.
I f the fine is not paid by the offender or offenders, it shall be
paid out o f the treasury o f the association or union of which the
offender or offenders were members at the time the fine was levied
against him or them and within sixty days from date of levying same;
or in lieu thereof the association or union to which he or they belong
shall suspend the offender or offenders and officially certify such sus
pension to the joint arbitration board within sixty days from the time
o f fining, and the joint arbitration board shall cause the suspension
decree to be read by the president o f both the association and union at
their next regular meetings, and then post said decree for sixty dajrs
in the meeting rooms o f the association and union. No one who has
been suspended from membership in the association or union fo r neglect
or refusal to abide by the decision o f the joint arbitration board can
be admitted to membership except by paying his fine or by unanimous
consent o f the joint arbitration board.
The joint agreement and working rules shall work in conformity
with the working rules of the Operative Plasterers5 International
Association.
On behalf o f the Chicago Em ploying Plasterers5 Association.
T. J. M c N u l t y ,
W il l ia m G a t i n ,
O scar A . R e u m ,
R . S. H o l d e m a n ,
J ohn A. B oland,
Arbitration Committee.
On behalf o f the Journeymen Plasterers5 Protective and Benevolent
Society.
J o h n D o n l in ,
G e o r g e E. C a r t e r ,
D a n i e l M cK e n d r y ,
A n t h o n y J. M u l l a n e y ,
Arbitration Committee.
This agreement and working rules as above set forth shall go into
effect A pril 1, 1903, and be in effect until A pril 1, 1906.
A R T IC L E S ' O F A G R E E M E N T B E TW E E N TH E IL L IN O IS
C E N T R A L R A IL R O A D C O M PA N Y A N D TH E B L A C K
SM ITH S E M P L O Y E D THEREON.
Articles o f agreement between the Illinois Central Railroad Com
pany, parties o f the first part, and the blacksmiths employed thereon,
members o f the International Brotherhood o f Blacksmiths, parties of
the second part:
A
r t ic l e
1.
S e c t io n 1 . This agreement shall be in effect on and after June 1 ,
1902, and shall be in force fo r the period o f one year.
S e c . 2. No alteration or abridgment o f this agreement shall take
effect on the part o f either o f the parties hereunto signed unless sixty
days5 notice shall have been given b y the party desiring such change
to the other party to this agreement.
S e c . 3. No unjust discrimination shall be made against blacksmiths
employed on the system o f the Illinois Central Railroad Company
1336
BULLETIN OP THE BUREAU OP LABOR.
because o f their affiliation with the International Brotherhood o f
Blacksmiths.
S e c . 4. Should it become necessary to blacksmith em ployed in any
of the shops on the system to visit points at a distance from their
usual place of em ploym ent, to meet officials o f the company, free trans
portation shall be granted them the same as other employees are on
similar business.
S e c . 5. The regular standard working day shall be 10 hours per
day; overtime after 6 p. m .; time and one-half shall be allowed for
each hour’s work performed thereafter, and time and one-half fo r each
hour worked on Sundays and legal holidays. Holidays shall be Christ
mas Day, New Year’s Day, Memorial Day, Fourth o f July, Labor
Day, and Thanksgiving Day.
A rticle H.
S ection 1. Apprentices: One apprentice shall be employed in each
blacksmith shop o f the system, regardless o f the number o f black
smiths employed therein, and one apprentice to be employed fo r every
five blacksmiths thereafter.
S ec . 2. No apprentice shall be employed who shall be under 16 years
o f age or who shall be over 21 years o f age.
S e c . 3. The standard rate o f pay fo r apprentices shall be as follows:
First year, $0.11 per hour; second year, $0.12 per hour; third year,
$ 0.1 3 per hour; fourth year, $0.15.
A rticle H I.
S ection 1. The minimum rate o f pay for blacksmiths at Burnside
shops, Illinois Central Railroad Company, shall be as follows: Black
smiths who have worked 4 years or more at fire, $0.30 per hour;
hammermen and machine bolt makers who have worked 4 years or
more at said machine, $0.30 per hour, except frame fire and big steam
hammer, $0.35 per hour, ana all heavy fires that have paid $0.30 per
hour heretofore, $0.32£ per hour.
S e c . 2. A ll helpers wno are now running fires shall receive 10 per
cent advance in pay and 10 per cent advance every year until they
shall receive the minimum rate of blacksmiths.
S e c . 3. The apprentice system shall not affect those helpers who are
now running fire.
A rticle IY .
S ection 1. The minimum rate o f pay fo r helpers who get promoted
to bolt machines, bulldosers, and compressed-air forgers shall be: One
year, $0.21 per hour; 2 years, $0.23 per hour; 3 years,$0.25 per hour;
4 years, $0.27 per hour.
S e c . 2. There shall be no discrimination by the company against
any persons or committees representing a grievance or acting for
others in the adjustment thereof.
Signed fo r the Illinois Central Railroad:
For the International Brotherhood o f Blacksmiths:
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1337
AG RE E M E N T B E TW E E N TH E CONTRACTING B R IC K L A Y
ERS A N D T H E H OD C A R R IE R S5 UNIONS OF CINCINNATI
A N D V IC IN IT Y .
This agreement between the contracting bricklayers and the hod
carriers5 unions o f Cincinnati and vicinity is hereby agreed to from
April, 1902, to the 1st o f April, 1904.
It is hereby agreed that the contractors have the right to employ any
kind o f labor they desire, to unload brick and building material used
in brickwork from cars, boats, wagons, etc., and to wheel the said
material to the place most convenient, and also the hod carriers deliver
all material from such points to the bricklayers.
It is further agreed that the contractors have the right to employ
whatever kind o f labor they may desire for the handling and making
of all scaffolding.
Also that the contractors have the right to employ any kind o f labor
that may be to their interest to attend patch jobs, boiler repairing,
paving, etc. A ll hod carriers must furnish their own hods.
It is agreed that the wages shall be 35 cents per hour from April,
1902, to A pril 1st, 1904, and all overtime to be time and half, and hod
carriers to get time and half fo r Sundays and such holidays as brick
layers may receive time and half for.
There shall be a standing committee o f three members o f each
organization to act as an arbitration committee, to whom all difficulties
that may arise shall be referred, and no stoppage o f work shall take
place until the said committee reports that they can not agree, and such
committee shall meet within 48 hours after the difficulty arises; if
after the committee can not agree then both parties or organizations
shall call a special meeting at once to hear report and take action
thereon.
This agreement is to take effect on date o f acceptance, and there shall
be no demand made on the contracting bricklayers and no stoppage on
account o f the so-called sympathy strikes during the time this agree
ment is in force.
It is further agreed that if there is to be any change in wages that
such change must be asked for six months in advance o f the expiration
o f this agreement. .
F or contracting bricklayers by
J. H esterberg .
M. P . S cully .
W illiam H arders .
C harles E. I l if f .
F or hod carriers unions by
W . W . C o rdell .
W . F. D avis .
S idn ey G ay .
C. A . F armer .
A G R E E M E N T B E TW E E N L O C A L NO. 109, I. L ., M. AN D
T. A ., A N D T H E L A K E C A R R IE R S5 ASSOCIATION .
BUFFALO GRAIN SCOOPERS LOCAL
109.
This agreement, made and entered into at the city o f Detroit, M ichi
gan, on the sixth day o f March, 1903, by and between the International
Longshoremen, Marine and Transportworkers5 Association, party o f
1338
BULLETIN OF THE BUEEAU OF LABOE.
the first part, and the Lake Carriers’ Association, a corporation o f the
State o f West Virginia, party o f the second part, witnesseth as follows:
1. This agreement is made fo r the handling o f grain at the port of
Buffalo fo r the season o f 1903.
2. A ll men employed by the superintendent fo r the purpose o f
handling grain at the port o f Buffalo shall be members o f the local
organization o f the 1. L ., M. and T. A ., whenever such men can be
had. When such men can not be had, the superintendent has the right
to secure any other men who can perform the work in a satisfactory
manner until such time as members o f the I. L ., M. and T. A . can be
secured. No man shall be discharged without just cause, and he shall
be notified o f the cause o f such discharge.
3. In the event o f any controversy arising between the I. L ., M. and
T. A. or local organization and the Lake Carriers’ Association or
superintendent, or in the event o f the men or local organization hav
ing any grievance, the men shall continue the work, and any and all
such controversies and grievances shall be settled, if possible, by the
president o f the local organization and the superintendent for the Lake
Carriers’ Association. I f such controversies and grievances can not be
settled, then they shall be arbitrated by choosing a third disinterested
man, upon whom the president o f the local organization and the super
intendent for the Lake Carriers’ Association shall agree. The decision
o f any two shall be final. I f the president o f the local organization
and the superintendent fo r the Lake Carriers’ Association can not agree
upon a third man, each side shall choose a disinterested man, and the
two men thus chosen to choose a third disinterested man, and the said
three men shall constitute a board o f arbitration. The decision o f a
majority o f said three shall be final, and both parties shall abide thereby.
It is expressly agreed that said arbitration board shall meet within ten
days after the matter being submitted to them.
4. It is distinctly understood and agreed between the parties to this
agreement that no man or boss in an intoxicated condition or under
tne influence o f liquor shall be permitted to work while in that condi
tion. A continued repetition o f such condition shall be cause fo r sus
pension or discharge.
5. When a gang at any elevator quits or refuses to work on a vessel
it shall be considered a violation o f this agreement and a gang may be
sent from any other elevator governed b y this agreement, who shall
finish or discharge such vessel after the rules o f this agreement as
though they had originally started her. The men so finishing the cargo
shall receive the entire pay fo r discharging or unloading all o f that
cargo, or at least that portion o f it consigned to the elevator at which
the men quit or refused to work. The men so refusing to work said
vessel shall be discharged or suspended, as may be determined by the
president o f the local organization and the superintendent fo r the Lake
Carriers’ Association.
6. Boss scoopers shall be appointed b y the superintendent. It is
understood and agreed that they be members o f the Scoopers’ Local
Union.
7. The wage scale fo r unloading grain shall be $2.12£ per thousand
bushels, except where cargo is started on or after 6 p. m. Saturday or
any time up to 7 a. m. Monday or coming partially unloaded from
another elevator after 6 p. m. Saturday. Such cargoes shall be paid
for at the rate o f $3.12£ per thousand bushels. It is understood, how
AGREEMENTS BETWEEN EMPLOYERS AND EMPLOYEES.
1339
ever, that all cargoes started prior to 6 p. m. Saturday and worked
continuously at the same elevator shall be unloaded at the regular
rate.
8. The compensation fo r handling wet grain or lightering cargoes
when vessels are aground shall be at the rate o f thirty-five cents per
hour.
9. It is further mutually understood and agreed by and between both
parties to this agreement that no saloon or political influence shall be
allowed or practiced by representatives or employees of either parties.
10. Legal holidays shall mean Decoration Day, Fourth of July,
Labor Day, and thanksgiving Day.
No other holidays shall be
recognized.
11. The supervising bosses shall have pqwer to hire and discharge
men fo r cause, employing only members o f Local 109 in good standing.
12. The president o f Local 109 shall appoint the timekeepers for
the gangs at the different elevators.
13. It is further agreed and understood that any matter not herein
mentioned will remain as heretofore.
In witness whereof the Lake Carriers5 Association has caused this
agreement to be subscribed to by its president, and the International
Longshoremen, Marine and Transportworkers5Association has caused
the same to be duly executed by its representatives, as well as by the
representatives o f Local No. 109, also duly authorized.
Lake Carriers-
'W m . L ivingstone , President
H . COULBY.
H . A . H awgood .
E . T . E va n s.
E dward S m ith .
'D a niel J. K e e f e , President
J. J. J oyce , Pres. Local 109.
I. L ., M. & T. A .—
T hos . C avanaugh .
J. J. M cG owan .
A G R E E M E N T O F N E W Y O R K M E T A L T R A D E S A S S O C IA
TION W IT H D ISTR IC T LO D G E NO. 2 O F BROTH ERH OOD
B O IL E R M A K E R S A N D IRON SH IP BU ILDERS.
Memorandum o f agreement, made this 1st day o f May, 1903, between
the New Y ork Metal Trades Association, represented by Wallace
Downey, N. F. Palmer, Andrew Fletcher, jr., Christopher Cunning
ham, and George F ox; and District Lodge No. 2 o f the Seaboard o f
the Brotherhood o f Boiler Makers and Iron Ship Builders o f America,
represented by T. R. F oy, W . F. Cochran, J. Kay, J. Woodside, and
T. R. Devlin, and F. J. M cKay and D. A . Malloy.
Witnesseth: That the custom prevailing in regard to hours o f work
in the several plants o f the members o f the New Y ork Metal Trades
Association shall be continued.
That boiler makers, riveters, chippers, and calkers shall receive $3
per day, and flange turners, anglesmiths, layers out, and fitters up shall
receive five per cent advance.
That all overtime remain as at present, and overtime shall be dis
pensed with as far as possible.
Only straight time w ill be allowed for time worked on Saturday
afternoon; but a half holiday on Saturday afternoon without pay may
be granted by arrangement between the employer and workmen.
1340
BULLETIN OF THE BUREAU OF LABOR.
W hen any workman is discharged or laid off he shall be paid with
out unreasonable delay.
When a workman leaves the service o f an employer o f his own
accord he will receive the pay due him at the next regular pay day.
There shall be no restriction or discrimination on the part o f w ork
men as to the handling o f any materials entering into the construction
of the work upon which they are employed.
There shall be no limitation placed upon the amount o f work to be
performed by any workman during working hours.
There shall be no restriction as to the use o f machinery or tools, or
as to the number o f men employed in the operation o f the same.
There shall be no restriction whatever as to the employment o f
foremen.
There shall be no sympathetic strikes called on account o f trades
disputes.
No person other than those authorized by the employer shall inter
fere with workmen during working hours.
The employer may employ or discharge, through his representative,
any workman as he may see fit; but no workman is to be discriminated
against on account o f his connection with a labor organization.
Necessary car fares and ferriages shall be paid to workmen when
they are sent from plants to jobs.
In cases where misunderstandings or disputes arise between the
employer and workmen the matter in question shall be submitted to
arbitration, without strikes, lockouts, or the stoppage o f work, pend
ing the decision o f the arbitration.
Each member o f the New Y ork Metal Trades Association affected
by this agreement shall be held individually only for the performance
o f the same, and his or its violation o f this agreement shall subject
such member to expulsion from the association.
The above rules and regulations to continue for one year from May
1, 1903.
In consideration o f the strike at the yard o f the Townsend-Downey
Shipbuilding Company being declared off immediately this company
agrees to conform to the hours o f work prevailing in other yards o f
the members o f the New Y ork Metal Trades Association.
In witness whereof the parties to this agreement have signed the
same in duplicate the day and year first above written.
New Y o rk Metal Trades Association,
By W allace D owney .
%N. F . P almer .
A ndrew F le t c h e r , Jr.
C h risto ph er C unningham .
G eorge F ox .
District L odge No. 2 o f the Seaboard o f the Brotherhood o f Boiler
Makers and Iron Ship Builders o f America,
B y W m . F . C ochran .
T homas R. F oy .
J ames K ay .
T homas D e v l in .
J ames W oodside .
F rancis J. M c K ay .
D avid A . M alloy .
REGENT REPORTS OP STATE BUREAUS OF LABOR STATISTICS.
CONNECTICUT.
Eighteenth Annual Report o f the Bureau o f Labor Statistics fo r the
year ending November 30, 1902. Harry E. Back, Commissioner.
568 p p .; Appendix, 56 pp.
The follow ing subjects are considered in this report: Statistics o f
towns, 62 pages; new mill construction, 30 pages; statistics o f manu
factures, 137 pages; industrial history o f Connecticut, 81 pages; his
tory o f organized labor, 171 pages; strikes and lockouts, 21 pages;
free public employment bureaus, 39 pages; Connecticut labor laws, 49
pages.
S tatistics of T owns . — Under this presentation are given the date
o f incorporation, population and area, and the expenditures for main
tenance and operation for the fiscal year 1901 o f the 168 towns o f the
State; also the per capita debt, the per capita assessed valuation o f
property, and the per capita expenditure for maintenance. The
whole amount expended by the various towns, cities, and boroughs
during the year covered by the investigation was $10,311,543, which
is equal to $11.35 per capita o f the total population o f the State. The
per capita expenditure ranged from $3.83 in the town o f Thompson to
$19.08 in New Haven.
N ew C onstruction .— This section gives a list o f buildings or addi
tions erected during the year ending July 1, 1902, to be used for
manufacturing purposes. Location, material, dimensions, and cost o f
construction are given for each new structure; also increase in the
number o f employees caused by building. In 43 towns o f the State
126 concerns erected 158 additions and new factories, at a total
reported cost o f $2,427,572. The additional number of employees
provided fo r by 63 o f the 126 establishments was 4,163.
S tatistics o f M anufactures . — This part of the report consists
chiefly o f three tables showing, b y industries, the number o f employees,
number o f days in operation, total wages paid, average annual and
daily earnings, value o f products, percentage o f labor cost o f value o f
products, and percentage o f other expenses and profits. These items
are reported fo r the years 1901 and 1902, and, except for the last two
items, there is given the percentage o f increase or decrease for the
latter year. Summaries and analytical text are also given. A sum1341
150—No. 49—03-----14
1342
BULLETIN OF THE BUREAU OF LABOR.
mary o f the more important data fo r the fiscal year 1902 is presented
in the table follow ing:
STATISTICS OF MANUFACTURES FOR THE FISCAL YEAR 1902.
Industries.
Brass and brass g ood s.................
Carriages and carriage p a rts___
C orsets..........................................
Cotton g ood s................................
Cotton m ills..................................
Cutlery and tools.........................
General hardware........................
Hats and caps...............................
Hosiery an dlm it goods...............
Iron and iron foundries..............
Leather g ood s..............................
M achine sh ops.............................
M usical instruments and parts..
Paper and paper goods...............
Rubber g o o d s..............................
Shoes.............................................
Silk good s.....................................
Silver and plated w are...............
W ire and wire g ood s...................
W ood w ork in g............................
W oolens and w oolen m ills..........
M iscellaneous..............................
T o ta l...................................
Estab Average Aver Average
lish
age
annual
ments persons
days in earnings
em
report ployed.
opera per em
ing.
tion.
ployee.
52
97
2,865
2,245
6,138
405
11,549
1,780
3,264
5,445
173
6,764
5,073
1,437
1,174
8,145
7,808
293.0
302.4
294.5
301.3
305.6
296.8
304.6
284.3
289.4
296.8
300.0
299.0
293.9
294.1
296.8
307.0
300.0
289.6
289.8
296.4
297.9
298.5
755
121,315
297.3
86
16
11
29
25
40
41
21
13
45
10
91
12
51
15
5
31
25
19
21
23,266
801
3,876
6,565
9,486
2,836
10,220
Amount
paid in
wages.
Per
cent of
labor
Gross value cost o f
of
gross
product. value
of
prod
uct.
$496.33 $11,547,596 $57,901,990
675.60
541,159
1,501,670
299.43
1,160,600
4,518,816
2,262,782
344.67
7,057,962
338.41
3,210,141 10,015,897
522.65
1,482,228
3,361,790
486.98
4,976,698 12,426,943
1,329,012
463.88
4,955,009
340.13
763,586
2,865,729
562.17
3,450,630
8,817,332
203,222
502.19
1,214,189
558.80
6,453,593 17,680,354
514.41
915,643
3,289,571
389.52
1,271,394
5,831,579
517.10
2,815,116 20,743,315
429.88
74,369
239,271
381.25
2,578,784 11,968,950
504.24
2,557,994 10,426,345
431.76
620,433 2,849,391
476.08
558,437
1,718,924
401.36
3,269,085 15,386,679
458.70
3,581,051 10,338,420
458.52
55,623,553 215,110,126
19.5
36.0
25.9
17.8
30.6
44.1
36.8
26.8
26.6
37.0
15.6
35.3
27.8
21.5
13.6
31.1
19.3
25.3
21.8
38.1
21.0
24.9
25.3
From the foregoing table it appears that the percentage o f labor
cost o f gross value o f product was the greatest in the cutlery and tools
industry, it being 44.1, while in the rubber goods industry it was the
smallest, it being but 13.6. The manufacture o f carriages and carriage
parts shows the highest average annual earnings per employee, viz,
$675.60, while the manufacture o f corsets, on the other hand, shows
the lowest, or $299.43.
Statistics o f identical establishments fo r 1901 and 1902 show the
follow ing comparisons: F or average persons employed, 1902 shows
an increase over 1901 o f 7.8 per cent; for average days in operation,
1902 shows an increase over 1901 o f 0.8 per cent; fo r average annual
earnings per employee, 1902 shows an increase over 1901 o f 3.7 per
cent; fo r amount paid in wages, 1902 shows an increase over 1901 o f
11.5 per cent, and fo r gross value o f product,. 1902 shows an increase
over 1901 o f 12.4 per cent.
I ndustrial H istory . — This history o f the industries o f the State is
arranged and treated under the a Colonial P eriod,” embracing the time
from the first settlement until the Revolutionary war, and the “ Period
from the commencement o f the Revolutionary war until 1900.” The
histories o f the six largest cities are grouped in the order o f the num
ber o f their industries, and the histories o f the towns are arranged
alphabetically under the counties in which they are located. Finally
there are industrial statistics by counties, and the years o f the char
tering or formation o f all manufacturing corporations in Connecticut.
REPORTS OF STATE BUREAUS OF LABOR---- CONNECTICUT.
1343
H istory of O rganized L abor . —The career o f organized labor in
Connecticut from the earliest organization in 1811 to the present time
is treated under this caption. The history o f each union shows date
o f organization, benefit features, present membership, receipts during
the past fiscal year, and other data. During each o f the past four years
the number o f organizations that reported to the State bureau was as
follows: In 1899, 214; in 1900, 270; in 1901, 340; and in 1902, 510.
In 1901 labor unions were found in 43 different towns o f the State
and in 1902 in 48 different towns. Follow ing the historical presenta
tion is a list o f the unions, grouped by towns, with the name and
address o f the secretary o f each union.
S trik es and L ockouts. — Under this head are given brief accounts
o f the labor troubles o f the State fo r the year ending October 30,1902,
and a tabulated statement showing the date, class o f labor, name o f
employer, location, number o f employees involved, duration, causes
and results o f 104 disputes. O f the 104 strikes, 62 resulted more or
less favorably to the strikers, 39 were entirely unsuccessful, 1 was
temporarily adjusted, and 2 remained unsettled. The number o f em
ployees involved in these strikes was 10,141, with a reported loss o f
time o f 235,453 days, and o f wages to the amount o f $353,180.
F r e e P ublic E mployment B ureaus . — The operations o f the five
free public employment bureaus, provided fo r under the law o f May
29, 1901, fo r the year ending December 1, 1902, are set forth in this
chapter. Details* are given showing by sex the number and kind o f
positions sought fo r and secured, the class o f help wanted, and the
nationality o f applicants. A summary o f the results for the year
covered is given in the follow ing table fo r the five cities in which the
bureaus are located:
o p e r a t io n s o f f r e e p u b l ic e m p l o y m e n t b u r e a u s f o r t h e y e a r e n d in g
DECEMBER 1,1902.
Location.
A pplications for
situations.
Applications for
help.
Males.
Males.
Females.
Females.
Positions secured.
Males.
Females.
New H aven................................................
H artford.....................................................
B ridgeport..................................................
N orw ich......................................................
W aterbury..................................................
2,140
2,971
844
328
478
1,620
2,572
2,118
335
792
637
1,549
676
155
251
1,215
2,783
2,357
336
1,007
608
1,428
535
180
948
1,562
1,538
241
517
T otal..................................................
6,761
7,437
3,268
7,698
2,873
4,806
122
O f the 4,806 females securing situations 3,355 were engaged for
some form o f domestic work. A wide range o f occupations is shown
in the returns fo r males, a considerable number taking places as
skilled workmen. The largest single class o f males aided by the
bureaus was farm laborers, 886 o f whom were placed. Shopmen and
teamsters come next in order, the number o f these being 324 and 183,
1344
respectively.
placed.
BULLETIN OF THE BUREAU OF LABOR.
O f laborers and general workers, 165 of each class were
L abor L aws. — In an appendix to the report are presented the labor
laws o f the State. These have been completely revised since the issue
o f the last bureau report, so as to correspond with the general stat
utes o f Connecticut, revision o f 1902.
M AIN E.
Sixteenth Annual Report o f the Bureau o f Industrial and Labor Sta
tistics fo r the State o f Maine. 1902. Samuel W . Matthews, Com
missioner.
220 pp.
The subjects presented in this report are: The granite industry, 45
pages; artificial stone, 3 pages; brickmaking, 7 pages; new features
in the lime industry, 8 pages; slate, 1 page; trade unions, 30 pages;
factories, mills, and shops built, 4 pages; the cotton industry, 4 pages;
the woolen industry, 4 pages; railroads, 3 pages; development o f
Rum ford Falls, 39 pages; agricultural statistics, 27 pages; population
statistics, 7 pages; report o f the inspector o f factories, workshops,
mines, and quarries, 25 pages.
T h e G ra n ite I ndustry . — An extended account is given o f this
industry, which ranks among the leading ones o f the State. From
returns made to the labor bureau, by practically all the quarries in
operation during 1901, the follow ing summary of the more important
facts is presented: The capital invested in the industry amounted to
$2,915,000, the production for 1901 amounted to $2,689,300, and the
number o f workmen aggregated 3,502, o f whom 814 were quarrymen,
1,242 granite cutters, 151 blacksmiths, 784 paving cutters, 350 com
mon laborers, and 161 other workmen, such as engineers, carpenters,
polishers, etc.
The amount paid out fo r labor was a little over $2,000,000. The
rates o f wages per day paid to the different classes o f workmen were
$2.80 to $3.20 to granite cutters, $1.75 to $2 to quarrymen, $2.80 to
blacksmiths, $1.50 to $1.75 to common laborers, and $1.75 to $2.50
to other laborers, including polishers, engineers, carpenters, etc. Rav
ing cutters working by the piece (1,000 blocks) made from $2.25 to
$2.50 per day. A ll granite cutters worked 8 hours per day, while
quarrymen, blacksmiths, and other classes o f laborers worked 8 hours
in some plants and 9 in others. Labor was quite generally organized.
T rade U nions . — A list o f the labor unions by cities and towns is
given with membership, initiation fees, dues, benefit features, daily
hours o f labor, daily wages, and other essential facts. According to
returns received by the bureau there were about 150 labor organizations
in the State, with a membership between 10,000 and 12,000. In the
REPORTS OF STATE BUREAUS OF LABOR---- MAINE.
1345
follow ing statement is presented the hours o f labor of the principal
organized trades, with the minimum and maximum daily wages:
HOURS OF LABOR PER DAY AND MINIMUM AND MAXIMUM DAILY WAGES IN PRINCI
PAL ORGANIZED TRADES.
Hours Minimum and
maximum
of
labor.
wages.
Organized trades.
Bricklayers, plasterers,
and m asons...................
Carpenters and jo in e rs...
Cigar m akers....................
Granite cutters.................
Iron m olders....................
Loom fix e rs......................
M achinists........................
Mason tenders...................
Painters, paperhangersr
and decorators..............
a Average
wages.
9
9
9
$3.00-$3.50
2 . 00- 2.50
a2.50
2.80- 3.20
2.25- 3.00
1.50- 1.75
2.00- 2.50
1.75- 2.00
9
<*2.50
8
8
9
10
10
Organized trades.
Plumbers, gas fitters, and
steam fitters.................
Quarrymen......................
Sawm ill em ployees.......
Sheet-metal w orkers___
Slasher tenders...............
Slate, gravel, and metal
roofers...........................
Stove m ounters...............
Team drivers...................
&Minimum wages.
o9
Hours Minimum and
of
maximum
labor.
wages.
9
10
&$3.00
$1.75- 2.25
51.50
1.75- 2.25
<*2.00
9
9
9
2 . 00- 2.50
1.75- 2.25
1.75- 2.25
(«)
10
9
hours in some localities, 8 in others.
F actories , S h o ps , and M ills B u il t . — The returns show that in
91 towns 129 buildings were erected, or enlarged, remodeled, etc.,
during the year 1902 at a total cost o f $2,776,930. These improve
ments provided fo r 5,017 additional employees. The returns for the
12 years, 1891 to 1902, are summarized below:
FACTORIES, MILLS, AND SHOPS BUILT OR ENLARGED, ETC., DURING THE YEARS 1891
TO 1902.
Year.
1891 .....................................................................................
1892 .................: ..................................................................
1893.......................................................................................
1894.......................................................................................
1895......................................................................................
1896......................................................................................
1897.......................................................................................
1898......................................................................................
1899......................................................................................
1900......................................................................................
1901......................................................................................
1902
.................................................. .
Number ! Number
buildof towns. ; ofings.
86
89
81
48
75
62
74
64
103
114
94
91
110
114
108
55
102
77
95
72
138
167
121
129
Aggregate
cost.
$3,023,850
2,128,000
841,725
663,700
1,367,800
1,055,900
827,600
675,100
6,800,700
2,174,825
5,638,200
2,776,930
New em
ployees.
4,278
4,312
2,526
1,039
2,797
1,470
2,339
2,024
4,990
5,539
6,337
5,017
C otton and W oolen I ndustries .— F or the year ending June 30,
1902, returns were received for 11 cotton mills and 22 woolen mills,
showing for each the capital invested, cost o f material, value o f prod
uct, number o f employees by sex and age, weeks in operation, and
total annual and average weekly wages paid. In the 11 cotton mills
there was a total investment o f $13,391,722, a product of $12,383,041,
and a wage payment o f $4,057,111 to 12,071 employees, o f which 5,323
were men, 6,224 women, and 524 children under 16 years o f age. The
cost o f material used amounted to $7,093,385, and the mills were in
operation an average o f 51 weeks during the year. In the 22 woolen
mills there was a total investment o f $3,589,564, a product o f $5,875,916,
and a wage payment o f $1,314,188 to 3,072 employees, o f whom 2,078
were men, 955 women, and 39 children under 16 years o f age. The
1346
BULLETIN OF THE BUREAU OF LABOR.
cost o f material used amounted to $3,639,005, and the mills were in
operation an average o f 51f weeks during the year.
Ten o f the cotton and 18 o f the woolen mills also reported in 1901,
so that comparative statistics can be presented for identical establish
ments as follows:
STATISTICS OF 10 COTTON MILLS AND 18 WOOLEN MILLS, 1901 AND 1902.
10 cotton m ills.
18 w oolen m ills.
Items.
1901.
Capital invested...................................
Cost o f m aterial...................................
Wages paid........................„ .................
V alue o f p rod u ct..................................
Average w eekly wages:
M en.................................................
W om en............................................
C h ild ren ........................................
Average weeks in op era tion ..............
1902.
1901.
1902.
$18,075,219
$6,434,148
$3,787,797
$11,289,049
$13,251,722
$7,013,385
$4,022,111
$12,183,041
$3,296,027
$2,534,386
$985,629
$4,284,884
$3,187,064
$3,098,647
$1,130,695
$5,050,477
$7.75
$5.88
$3.15
50.6
$7.81
$5.85
$3.07
51.0
$8.99
$6.59
$3.74
50.8
$9.24
$6.83
$3.91
51.9
Average number o f em ployees:
M en.................................................
W om en............................................
C h ild ren ........................................
5,221
6,015
518
5,298
6,149
524
1,736
759
36
1,787
800
37
T o ta l............................................
11,754
11,971
2,531
2,624
A comparison o f the two years shows that in both branches o f indus
try there was a considerable increase in the cost o f material used dur
ing 1902, and also in the amount paid out in wages and in the value of
product. The average weeks in operation and the average number o f
employees likewise show increases in 1902. In the cotton industry the
average weekly wages o f women and children were slightly lower
in 1902 than in 1901; but fo r men in the cotton industry, and for all
classes o f help in the woolen, 1902 shows an increase over 1901.
The follow ing table shows the proportion o f the value o f product
applied to cost o f material, to wages, and remaining for minor expenses
and profits; also the annual average earnings per employee in these
two industries fo r the years 1899 to 1902:
PER CENT OF VALUE OF PRODUCT APPLIED TO COST OF M ATERIAL, TO WAGES, AND
TO MINOR EXPENSES AND PROFITS, AND AVERAGE ANNUAL EARNINGS PER EMPLOYEE
IN THE COTTON AND WOOLEN INDUSTRIES, 1899 TO 1902.
Year.
1899...........................
1900...........................
1901...........................
1902...........................
Cotton industry.
W oolen industry.
Per cent o f value o f product
applied to—
Per cent o f value o f product
applied to—
Average
Average
annual
Minor
M inor
annual
Cost of
expenses
earnings.
Cost
of
expenses
earnings.
material. Wages. and prof
m aterial. Wages. and prof
its.
its.
51.8
53.9
57.1
57.3
36.6
35.0
33.5
32.8
11.6
11.1
9.4
9.9
$300.00
319.62
321.11
336.10
•65.5
55.9
60.0
61.9
21.7
21.9
22.6
22.4
12.8
22.2
17.4
15.7
$354.71
416.10
388.77
427.80
In the cotton industry it is noticeable that the per cent o f value of
product applied to cost o f material is greatest in 1902, there having been
REPORTS OP STATE BUREAUS OF LABOR— MAINE.
1347
a gradual increase since 1899, while the proportion applied to wages
has decreased since 1899, although the average annual earnings have
increased. The movements have been more irregular in the woolen
industry, cost o f material rating highest in 1899 and lowest in 1900.
The proportion, however, applied to wages shows considerable regu
larity, being 21.7 per cent and 21.9 per cent in 1899 and 1900, and 22.6
per cent and 22.4 per cent in 1901 and 1902. Again, average annual
earnings show an irregular movement, being $354.71 and $416.10 in
1899 and 1900, and $388.77 and $427.80 in 1901 and 1902.
R ailroads . — On June 30, 1902, there were 7,477 employees upon
the 20 steam railroads o f the State. The amount paid in wages by
these roads aggregated $3,967,274.53. The average daily wages, includ
ing general officers, increased from $1.79 in 1901 to $1.81 in 1902; and,
not including general officers, from $1.69 in 1901 to $1.76 in 1902.
On June 30, 1902, there were employed upon the street railways of
the State 1,002 persons, to whom were paid $491,108.67 in wages.
The average daily wages on street railways was $1.65. It is estimated
that from 30,000 to 35,000 persons were dependent upon the railroad
employees in the State.
A gricultural and P opulation S tatistics . —This consists o f sta
tistics o f agriculture and population compiled from the returns o f the
Twelfth Federal Census so far as they relate to the State o f Maine.
M ASSACH USETTS.
Thirty-second Annual Report o f the Massachusetts Bureau o f Statis
tics o f Labor. March, 1902. Horace G. Wadlin, Chief, xviii,
357 pp.
The follow ing are the subjects presented in this report: Part I,
labor chronology (1900), embracing hours o f labor, wages, trade unions,
strikes and lockouts, social and industrial benefits, and labor legisla
tion, 129 pages; Part II, labor chronology (9 months ending September
30, 1901), embracing strikes and lockouts, wages, hours o f labor, trade
unions, social and industrial benefits, and labor legislation, 107 pages;
Part III, prices and cost o f living, 1872, 1881, 1897, and 1902, 76
pages; Part IV , labor laws o f Massachusetts, 43 pages.
H ours o f L abor .— The information relative to hours o f labor, pre
sented chronologically fo r the different cities and towns of the State,
includes actions o f trade unions, employers, and employees. The
trend o f the movements, on the whole, has tended to the lessening o f
the hours o f labor o f employees. In the 9 months5 period ending
September 30, 1901, the shorter working day, in most instances, was
established without a reduction in wages. The weekly half holiday
during the summer months has been quite generally adopted in almost
all branches o f trade, while the early closing movement for retail stores
has met with much favor. The number o f movements relating to
1348
BULLETIN OF THE BUREAU OF LABOR.
hours o f labor fo r the entire year 1900 was 429, while the number for
the 9 months ending September 30, 1901, was 273. In the table fo l
lowing is given, by months, the number o f cities and towns in which
action was taken relative to hours o f labor during the year 1900 and 9
months ending September 30, 1901:
NUMBER OF CITIES AND TOWNS IN WHICH ACTION WAS TAKEN RELATIVE. TO HOURS
OF LABOR, 1900 AND 1901.
1900.
January.............................
February...........................
M arch................................
A p ril..................................
M ay...................................
June...................................
Ju ly ...................................
A ugust..............................
September.........................
October..............................
N ovem ber.........................
D ecem ber.........................
Cities. Towns. Total.
11
8
12
12
8
15
14
8
12
12
13
7
8
23
16
25
23
21
20
20
20
7
14
13
13
14
7
12
10
22
7
7
10
26
24
14
1901.
January...........................
F ebru ary........................
M arch .............................
A p ril................................
M ay..................................
Ju n e................................
July..................................
August.............................
Septem ber......................
Cities. Towns. Total.
9
9
5
4
10
11
10
8
13
15
16
17
7
5
7
20
6
6
14
13
21
23
23
23
37
13
11
W ages .— The facts here presented show chronologically the wage
movements in the cities and towns o f the State fo r the year 1900, and
9 months ending September 30, 1901, together with the initiative
o f such actions, whether by employers, employees, or trade unions.
The wage movements fo r 1900 numbered 187, of which 104 were
increases, 11 were reductions, 35 were demands for increases refused,
26 were agreements, and 11 were other movements. The movements
for 9 months ending September 30, 1901, numbered 108, o f which
60 were increases, 14 were reductions, 7 were demands for increases
refused, 20 were agreements, and 7 were other movements. In the
table follow ing is given, by months, the number o f cities and towns in
which action was taken relative to wages during the year 1900, and
nine months ending September 30, 1901:
NUMBER OF CITIES AND TOWNS IN WHICH ACTION WAS TAKEN RELATIVE TO WAGES,
1900 AND 1901.
1900.
January.............................
February...........................
M arch...................... .........
A p ril..................................
M ay...................................
June...................................
J u ly .
........................
A ugust.................... .........
Septem ber.........................
October..............................
N ovem ber.........................
D ecem ber.........................
Cities. Towns. Total.
15
10
9
4
9
7
3
8
1
2
3
4
19
5
3
34
15
1
2
2
1
5
3
1
1
12
11
9
4
8
1
6
1901.
Ja n u a ry.........................
F ebruary........................
M arch .............................
A pril................................
M a y ................................
Ju n e................................
J u ly ..............................
August.............................
Septem ber......................
Cities. Towns. Total.
5
11
8
8
6
3
11
1
1
9
7
3
3
6
6
2
6
8
6
5
4
5
6
4
4
5
T rade U nions . — The information presented under this title shows
the subjects considered and the actions taken by trade unions during
1900 and 9 months ending September 30, 1901. Following is a classi
1349
BE POETS OF STATE BUREAUS OF LABOR— MASSACHUSETTS.
fication o f the movements under ten general headings, with the num
ber o f actions properly belonging to each classification:
NUMBER OF ACTIONS TAKEN BY TRADE UNIONS, 1900 AND 1901, BY NATURE OF ACTION.
Number.
Nature of action.
1900.
Trade-union m ovem ents.................................................................... ..................................
Wages and hours o f labor.....................................................................................................
Form ation o f new unions.....................................................................................................
Individuals and firm s.....................................................................................................................
City and town governm ent..................................................................................................
State governm ent..................................................................................................................
A ffiliations..............................................................................................................................
N ational governm ent............................................................................................................
Strike m ovem ents.................................................................................................................
Corporations and trusts.........................................................................................................
350
T otal..............................................................................................................................
899
1901.
379
140
140
15
17
31
221
118
50
39
36 }
35
22
4
17
30
11
756
The classification termed “ trade-union movements” represented the
largest number o f actions, comprising 39 per cent o f the whole num
ber in 1900 and 50 per cent in 1901. Am ong the movements included
under the above term may be mentioned the following: Donations to
striking unions, label agitation, stoppage allowances, annual reports,
fining o f members, placing o f boycotts, dissolution o f unions, curtail
ment o f benefits, voting establishments “ fa ir” and “ unfair,” griev
ances over introduction o f new machinery or change o f work, etc.
S trik es and L ockouts. — Under this title is presented a chrono
logical record, by cities and towns, o f the labor disagreements occur
ring in the State during 1900 and 9 months ending September 30,1901.
A condensed summary o f the causes and results of the disagreements
appears in the tabular statements following:
CAUSES AND RESULTS OF STRIKES, 1900 AND 1901.
[Under “ Succeeded partly” is included those strikes satisfactorily adjusted and those compromised.
No distinction is made between strikes and lockouts.]
1900.
Results o f strikes.
Total
Suc
Suc
Not strikes.
Failed. Pend
ceeded. ceeded
ing.
stated.
partly.
Causes o f strikes.
Hours o f la b or...............................................................
Hours o f labor and w ages...........................................
W ages.............................................................................
Other causes...................................................................
T otal......................................................................
3
7
23
4
2
8
1
10
12
20
26
13
34
24
1
1
2
6
2
28
90
61
53 |
49
74
4
9
189
1
4
21
1
2
2
67
96
90
9 m o n t h s o f 1901.
Hours o f la b o r...............................................................
Hours of labor and wages.............................................
Wages..............................................................................
Other causes..................................................................
15
15
24
4
19
33
26
4
29
43
35
3
3
3
T otal......................................................................
62
82
111
10
8
9
.
274
1350
BULLETIN OF THE BUREAU OF LABOR.
Considering results o f strikes in 1900, employees were successful in
28.04 per cent o f the contests, partly successful in 25.93 per cent, and
unsuccessful in 39.15 per cent; in 2.12 per cent o f the cases the dis
pute was pending at the close o f the year, and in 4.76 per cent the
result was not stated. During the 9 months ending September 30,
1901, 22.63 per cent o f the contests were successful, 29.93 per cent
partially successful, 40.51 per cent failed, 3.56 per cent were pending
at the close o f the period, and in 3.28 per cent o f the cases the result
was not stated.
Considering industries in 1900, the largest number of disagreements
occurred in that o f boots and shoes, the aggregate being 40. There
were 22 in the cotton-goods industry, 12 in woolen goods, 7 in worsted
goods, and 6 in tanning, the remainder being distributed among
various other industries. F or the 9 months ending September 30,
1901, the largest number o f disagreements occurred in the boot and
shoe industry, the aggregate being 53.
S ocial and I ndustrial B e n e f it s .— This section of the report is
composed of brief accounts o f the action o f employers for the benefit
o f their employees, or to improve the conditions o f employment; also
o f bequests or gifts fo r education, charity, libraries, hospitals, parks,
playgrounds, etc., from whatever source, if intended to improve
industrial conditions or to promote the general social welfare. The
information is presented chronologically by cities and towns.
L abor L egislation . — This consists o f a reproduction of the laws
affecting labor passed by the State legislature at its session in 1900 and
in 1901. Part IY o f the report reproduces that portion o f the Revised
Laws relating to the employment o f labor in Massachusetts, with
amendments thereto or additional labor legislation enacted during the
session o f 1902.
P rices and C ost of L iv in g . — The comparative statistics relative
to prices presented in this part o f the report are for average retail
prices o f such commodities as are o f ordinary household consumption
in the families o f working men. The quotations are for the years
1872, 1881, 1897, and 1902, and for certain standard articles classified
as groceries, provisions, fuel, dry goods, and boots, and also for rents
and board. Comparisons are made between the year 1902 and pre
vious years, showing increases and decreases o f prices; and also, by
means o f statements, showing the quantities of commodities which
could be purchased fo r $1 in each year o f the four selected years, the
purchase power o f money is exemplified.
In order to arrive at more definite conclusions as to the effect upon
cost o f living, o f the changes in prices, a series of budgets o f family
income and expenses was made use of. These budgets covered 152
families, selected at random in different parts o f the State, or of work
ingmen in various industries, and were believed to represent fairly
general or typical conditions.
REPORTS OF STATE BUREAUS OF LABOR---- MASSACHUSETTS.
1351
From the conclusion o f the presentation relative to prices and cost
o f living the follow ing summarized results are quoted:
PER CENT OF INCREASE OR DECREASE IN PRICE IN 1902 AS COMPARED WITH 1897 AND
1872.
Per cent o f increase or decrease
in price in 1902 as compared
with—
Items.
1897.
F ood ..............................................................................................................
Dry goods and boots...................................................................................
R en t..............................................................................................................
F u e l.................................................................................................... ..........
+11.16
+16.07
+52.43
+ 9.78
1872. (a)
-19.97
-41.01
+ .02
-26.61
a Prices reduced to gold basis.
The average expenditure o f a normal family, as shown by the budg
ets, was $797.83, divided as follows: Food, $428.21; clothing, $109.03;
rent, $100.67; fuel and light, $45.93; all other purposes, $113.99.
Applying the percentages o f change in prices shown in the preceding
table to the average expenditure o f these families, and using for
clothing the percentage variation in the prices o f dry goods and boots,
and for fuel and light that shown fo r fuel alone, the first four amounts
would become for 1897— food, $385.20; clothing, $93.90; rent, $66;
fuel and light, $41.80; or, in the aggregate, $586.90, as against $683.84
in 1902. That is, the absolutely necessary items o f food, clothing,
rent, and fuel which in 1902 cost $683.84 would have been purchasable
for $586.90 in 1897. If, in 1897, the same amount had been spent for
sundries as in 1902, the aggregate expense would have been $700.89
as against $797.83. To meet the increase indicated in 1902, supposing
no surplus to have existed in either year, would have required an
increase o f income fo r the family amounting to $96.94, or 13.83 per
cent. The comparison may be made between 1902 and 1872 in the
same way, the result showing that the expenditure required in the
earlier year to cover the items costing $683.84 in 1902 would have
been $882.30; and allowing the same amount for sundries in each year
the aggregate for 1872 would be $996.29, as against $797.83 in 1902,
showing a decrease in the latter year o f $198.46, or 19.92 per cent.
M O N TAN A.
Eighth Report [Second Biennial] o f the Burecm o f Agriculture,
Labor, and Industry o f the State o f Montana,. 1901-1902. J. A .
Ferguson, Commissioner,
viii, 733 pp.
%
Follow ing are the general titles o f the subjects treated in this
report: Montana (historical and descriptive), 11 pages; lands, 68
pages; agriculture, 57 pages; live stock, 44 pages; labor, 72 pages;
the industries, 163 pages; the new industries, 56 pages; miscellaneous,
251 pages.
1352
BULLETIN OF THE BUREAU OF LABOR.
L abor. — A variety o f subjects relating to labor are presented under
this general head.
The report for strikes and lockouts during 1901 and 1902 shows
that in 1901 there were 24 disputes, o f which 9 were successful, 11
were compromised, 3 were unsuccessful, and 1 was still pending at
the close o f the year; in 1902 there were 35 disputes, o f which 16
were successful, 12 were compromised, and 7 were unsuccessful.
In reference to the shorter working day the following is quoted:
“ So general has the short-hour movement been that it can safely be
said that not less than 10,000 employees in the State are working from
1 to 5 hours less a day than they were in 1895, and in most cases with
out any corresponding reduction in wages.
The most prominent
reduction through legislation was gained through the action o f the
seventh legislative assembly in 1901, which passed a law limiting the
hours o f labor in mines, mills, and smelters to 8 a day. This law
became operative on May 1,1901, but the shorter day had been granted
by the large mining and smelting companies some months previous to
that date.”
Under the provisions o f an act o f the State legislature, passed in
1897, the city o f Butte opened on March 10, 1902, a free public
employment office. The transactions o f the office from the date o f
opening to November 30, 1902, are shown in the table following:
TRANSACTIONS OF THE BUTTE FREE PUBLIC EMPLOYMENT OFFICE, MARCH 10 TO
NOVEMBER 30, 1902.
Appli
Positions secured.
cations
for
Total. help. Male. Female. Total.
Applications for work.
Month.
Male.
Female.
March 10-31...............................................
A p ril..........................................................
M ay...................... .....................................
June............................................................
J u ly ............................................................
A u gu st.......................................................
Septem ber..................................................
O ctober.......................................................
N ovem ber..................................................
252
95
387
223
234
279
371
527
420
393
400
118
297
176
224
265
179
165
206
135
128
133
103
147
262
241
228
194
T o ta l.................................................
1,663
1,571
3,234
2,638
101
210
274
355
417
357
323
287
39
139
52
127
186
191
141
126
163
162
172
118
93
235
157
213
308
354
303
292
244
1,121
1,078
2,199
120
54
96
105
86
122
There were 437 males and 380 females who secured positions as
hotel and restaurant employees; 618 males secured employment as
laborers and 606 females as domestics.
Other subjects considered under the general title “ L a b o r” are the
company store law, sanitation, railroad employees, fellow-servant law*
wage scales, labor organizations, Chinese and Japanese, etc.
I ndustries . — The amount, value, etc., o f production o f the various
mineral resources o f the State fo r 1900 and 1901 is extensively detailed
under this general head; also the product o f breweries, and the pro
duction o f lumber, brick, stone, and flour. During the year 1900
REPORTS OF STATE BUEEAUS OF LABOE---- MONTANA.
1353
there were produced by 21 coal mines in the State 1,697,349 tons o f coal,
the mines paying a total o f $1,748,151 fo r labor. The coal production
in 1901 was 1,442,569 tons, and the amount paid for labor $1,610,266.
F or the year ending June 30,1901, 20 breweries in the State employed
256 persons and paid $283,310 for labor; for the year ending June 30,
1902, 21 breweries employed 251 persons and paid $265,380 for labor.
In the production o f brick and other clay products there was expended
for labor $185,315 during 1900, and $214,369 during 1901. There is a
reproduction o f the statistics o f manufactures of Montana as given by
the Twelfth Census.
Under the general head o f “ New industries” are given accounts o f
the recent industrial enterprises undertaken in the State. These
include development o f the oil fields, woolen manufacture, the work
ing o f placer ground by the dredging system, corundum mining, rail
road tie preserving, long-distance transmission o f electricity, plaster
paris and stucco manufacture, marble, grindstone, and graphite pro
duction, macaroni manufacture, garment manufacture, and the manu
facture o f metal fencing.
N E B R A SK A .
Eighth Biennial Report o f the Bureau o f Labor and Indmtyrial Sta
tistics fo r the years 1901 and 1902. Cyrus E. Watson, Deputy
Commissioner,
xxii, 401 pp.
The subjects presented in this report are: Enforcement o f the female
labor law, 55 pages; crop statistics, 25 pages; child labor and compul
sory education, 11 pages; marriages and divorces, 33 pages; strikes
and lockouts, 36 pages; labor organizations, 12 pages; Nebraska farm
lands, 23 pages; beet sugar industry, 31 pages; State o f Nebraska, 11
pages; Omaha, Lincoln, and South Omaha, 18 pages; statistical sum
mary, 135 pages. Two appendixes conclude the report, in the first
o f which is reproduced a Connecticut act, approved May 29, 1901,
concerning employment bureaus, and in the second a Missouri act,
approved March 7, 1901, concerning mediation and arbitration.
E nforcement of th e F emale L aboe L aw . — Under this caption
is given a reprint o f the female labor law o f the State, together with
an account o f the litigation that has grown out o f violations o f the same.
Ch il d L aboe and C ompulsory E ducation . — This division o f the
report contains a reproduction o f the State law regulating child labor;
also a discussion and communications on the subject o f compulsory
education.
S trik es and L ockouts.— Tables are given presenting the details
o f the strikes and lockouts which took place in the State during the
twenty years beginning January 1, 1881, and ending December 31,
1900, together with the necessary summaries relating to the same.
1854
BULLETIN OF THE BUREAU OF LABOR.
Data fo r the tabulations were furnished by the United States Bureau
of Labor.
L abor O rganizations . — The number o f labor unions known to the
bureau as existing in the State at the end o f the biennial period 19011902 was 181, and o f these 103 furnished reports. During the period
57 organizations were formed. The returns received from the 103
unions showed that 72 made provisions fo r sick, disability, and death
benefits, 28 made no such provisions, and 3 failed to report. In 26
trades wages had been increased, while no decreases were reported;
in 62 trades the opportunities fo r employment had increased, while in
14, chiefly relating to railroad work, they had decreased. The aver
age length o f the working day was 9.7 hours. . A table is presented
giving for each o f the 103 unions the name o f the organization, char
ter number, locality, date o f organization, length o f working day, and
rate o f wages. There is also a list, b y cities and towns, o f all the
labor unions in the State.
B e e t S ugar I ndustry . — The rise and development o f the beet sugar
industry in the United States and various foreign countries are reviewed
in this chapter, together with statistics o f production, exports, etc.
The industry as developed in the State o f Nebraska shows that in 1902
the area devoted to the raising o f sugar beets amounted to 11,193
acres, the yield from this acreage being 102,858 tons. The average
price paid per ton fo r beets was $5. There were 22,890,000 pounds of
sugar manufactured, giving employment to 700 working people whose
pay roll aggregated $120,000. The statement following shows the
scale o f wages paid per day at the different factories:
Machinists............
Blacksmiths _____
E n gineers............
Firemen.................
Carpenters............
Chem ists..............
Special operatives
Laborers................
B o y s ......................
$3.50 to $4.00
2.25 to 3.00
4.00 to 4.50
2 .2 8 to 2.50
3.50 to 4.00
3.50 to 3.75
3 .5 0 to 4.00
2.00 to 2.40
1.20 to 1.50
S tatistical S ummary . — A variety o f data, social and industrial, is
here presented. The statistics are partly the result o f original inquiry
and partly reproductions from State and Federal reports.
RECENT FOREIGN STATISTICAL PUBLICATIONS.
BELG IU M .
Annuaire de la Legislation du Travail.
6 e annee, 1902.
Travail, Ministere de l’lndustrie et du Travail.
1903.
Office du
xxi, 718 pp.
This is the sixth o f a series o f annual reports on labor legislation
published by the Belgian labor bureau. The report contains the text
of laws and amendments enacted and o f important decrees, regula
tions, administrative orders, etc., issued relative to labor during the
year 1902 in Germany, Austria, Belgium, Denmark and Iceland, Spain,
France, Great Britain and colonies, Hungary, Italy, Luxemburg, Nor
way, Netherlands, Roumania, Russia and Finland, Sweden, Switzer
land (federation and cantons), and eight States o f the American Union.
An appendix, which is a supplement to the fifth annual report, con
tains certain enactments, decrees, etc., o f 1901 fo r Denmark, Spain,
Switzerland, and fifteen States o f the Union.
G E R M A N Y.
Erhebung Other die Arbeitszeit der Oehulfen und Lehrlinge in solehen
Komtoren des Handelsgewerbes und kaufmannischen Betrieben , die
nicht mit offenen Verkaufsstellen verbunden sind. Yeranstaltet im
September, 1901. Drucksachen der Kommission fur Arbeiterstatistik, Erhebungen Nr. X I. Bearbeitet im Kaiserlichen Statistischen
Am t, Abtheilung fur Arbeiterstatistik. Berlin, 1902. xliv, 164 pp.
In September, 1901, the German commission for labor statistics
made an investigation into the hours o f labor o f persons employed in
business offices and commercial establishments not connected with
salesrooms open to the public. The investigation was limited to per
sons rendering clerical services for wages. Members o f proprietors’
families, workmen, servants, porters, etc., were not included. Only
establishments employing at least one person, not an apprentice, were
considered. F or the most part the establishments covered by the
investigation were the offices o f factories, o f commercial undertakings
o f various kinds, and o f insurance companies.
The imperial statistical office estimated that the total number o f
persons in the category under investigation was 162,500. Schedules
fo r 10 per cent o f this number were prepared and given to the vari
ous States for distribution. A n effort was made to apportion the
1355
1356
BULLETIN OF THE BUREAU OF LABOR.
schedules among the large cities, the towns, and the rural communi
ties in the ratio o f their importance to the total population. One-half
o f the schedules were filled out by employers and one-half by em
ployees. In the report the persons employed .are classed as journey
men (male and female) and as apprentices (male and female). Since
the term “ journeyman ” is defined as a person performing clerical serv
ices who is neither a superintendent nor an apprentice, the word
“ clerk” is used in its stead in the follow ing pages.
The number o f establishments investigated was 13,673, in which
69,686 persons were employed. The follow ing table shows the num
ber o f establishments and persons employed, according to hours o f
labor per day:
NUMBER OF ESTABLISHMENTS AND PERSONS EMPLOYED, BY HOURS OF LABOR PER DAY.
Estab
lish
ments.
Hours of labor per day.
9 or u n der.......................................................................................................
10 or over 9 .....................................................................................................
11 or over 1 0 ....................................................................................................
Over 1 1 _______ _______ - .........................- .........- ____ ________ _____________
T ota l..........
Persons
em
P ercent.
ployed.
6,818
4,040
2,086
730
40,530
20,292
7,042
1,822
68.16
29.12
13,673
69,686
100.00
10.11
2.61
Expressed in proportions, 58.16 per cent o f the persons employed
worked nine hours or less, while 87.28 per cent worked ten hours or less.
The table below shows the per cent o f employees o f each class
whose hours o f labor per day are nine or under, ten or over nine, and
over ten, according to the size o f the community in which they are
employed:
PER CENT OF EMPLOYEES OF EACH CLASS WORKING EACH SPECIFIED NUMBER OF
HOURS PER DAY, BY SIZE OF COMMUNITIES IN WHICH EMPLOYED.
Per cent of—
Classified popu
lation of city,
town, or village.
Male clerks over Fem ale clerks
16 years, work
over 16 years,
working—
ing—
Male apprentices over Male apprentices un
der 16 years, work
16 years, working—
ing—
10 or
9
10 or
9
9
hours over Over
hours 10 or9 Over
hours over Over
10
10
10
or un 9 hours
or un over
or un 9 hours
der. hours. hours.
der. hours
der. hours
100,000 or o v e r ... 71.1
20,000 to 100,0 0 0 .. 55.5
5,000 to 20,0 0 0 . . . . 51.2
2,000 to 6 ,0 0 0 ....... 52.4
Under 2,000......... 57.3
23.1
31.2
33.8
29.6
24.6
5.8
13.3
15.0
18.0
18.1
63.3
44.3
44.0
40.0
85.7
29.3
32.9
26.0
53.3
14.3
7.4
22.8
30.0
6.7
59.3
46.0
41.2
44.4
44.7
29.0
31.2
32.0
30.8
34.0
11.7
22.8
26.8
24.8
21.3
9
hours
or un
der.
51.2
39.3
34.3
38.2
61.1
10 or
Over
over 9
10
hours. hours.
36.1
34.7
38.2
40.1
13.9
12.7
26.0
27.5
21.7
25.0
The next table shows the per cent o f employees o f each class accord
ing to the size o f the establishments:
1357
FOREIGN STATISTICAL PUBLICATIONS----GERMANY.
PER CENT OF EMPLOYEES OF EACH CLASS WORKING EACH SPECIFIED NUMBER OF
HOURS PER DAY, BY SIZE OF ESTABLISHMENTS.
Per cent of—
Size of establish
ment.
Male clerks over
16 years, work
ing—
Female clerks
over 16 years,
working—
Male apprentices over
16 years, working—
Male apprentices un
der 16 years, work
ing—
9
10or
10or
9
9
9
10or Over hours
hours over Over
hours over Over
hours over
10 or
10 or
9
10 or un
or un 9 hours
un 9 hours
un
der. hours
der. hours
der. hours. hours. der.
10or Over
over 9
10
hours. hours.
1
1clerk.................
52.1
2 or 3 clerks....... 61.0
4 to 9 cle rk s....... 55.0
10 to 19 clerks---- 59.7
20clerks or over. 76.5
26.4
30.0
32.1
32.5
19.6
21.5
19.0
12.9
7.8
3.9
63.0
56.2
53.6
49.9
62.0
25.7
29.9
29.5
34.4
29.4
11.3
13.9
16.9
15.7
8.6
44.3
45.7
48.5
51.7
61.1
32.8
29.0
30.4
32.8
29.0
22.9
25.3
21.1
15.5
9.9
49.3
44.2
41.5
38.6'
43.4
31.7
32.0
35.4
41.0
42.8
19.0
23.8
23.1
20.4
13.8
The follow ing table shows the per cent o f employees by kind o f
establishments:
PER CENT OF EMPLOYEES OF EACH CLASS WORKING EACH SPECIFIED NUMBER OF
HOURS PER DAY, BY KIND OF ESTABLISHMENTS.
Per cent of—
Kind of estab
lishment.
Banking, loan,
and insurance.
Other commer
cial ..................
Factories............
Other industrial.
Male clerks over
16 years, work
ing—
Female clerks
over 16 years,
working—
apprentices un
Male apprentices over Male
der 16 years, work
16 years, working—
ing—
9
10or
10or Over 9
9
10or Over 9 hours 10or Over
hours over Over
over 10 hours over
9
10 or un over 9 10
10 hours
or un 9 hours
or un hours.
or un 9 hours
der.
hours.
hours. hours
der. hours
der. hours
der.
93.3
5.6
1.1
89.7
5.6
4.7
84.3
11.7
4.0
82.1
11.7
6.2
51.7
59.1
63.6
34.6
30.1
24.1
13.7
56.3
51.5
63.1
32.6
31.6
24.8
11.1
16.9
12.1
43.8
45.7
42.7
33.1
34.1
34.8
23.1
39.0
40.3
39.5
37.7
37.3
32.7
23.3
22.4
27.8
10.8
12.3
20.2
22.5
From these tables it is seen that the hours o f labor were shortest for
the male clerks and longest for the apprentices. In general, the hours
were shortest in the large cities and in the large establishments (those
with 20 or more employees), and they were shorter in the banking,
loan, and insurance business than in the other three# categories given
in the table.
The establishments with only one clerk each employed 3,232 persons.
O f the latter, 2,577 worked ten hours or less, while 655 worked more
than ten hours per day. The establishments with more than one clerk
were divided into two classes— first, those in which all employees had
the same hours, and, second, those in which the hours varied for different
employees. The former class was by far the more numerous. These
establishments numbered 8,575, or 62.7 per cent o f the total establish
ments, while the number o f persons employed was 52,250, or about 75
per cent o f the total number o f persons investigated. The establish
ments in the second class— those in which the hours varied for different
employees— were 1,866 in number, and formed 13.6 per cent o f the
establishments investigated, while the number o f persons employed
was 14,201, or 20,4 per cent o f the total number o f persons. O f the
150— No. 49— 03----- 15
1358
BULLETIN OF THE BUREAU OF LABOR.
52,250 persons employed in the first class, 82,061 worked nine hours
or less, 11,724 worked over nine but not over ten hours, and 5,465
worked over ten hours. O f the 14,204 persons employed in the second
class, 6,761 worked nine hours or less, 4,699 worked over nine but not
over ten hours, and 2,744 worked over ten hours.
The returns showed that about 97 per cent o f the establishments had
a regular, definite noon recess, while 3 per cent had no such recess. In
the great majority o f cases this recess was between one and two hours
in length. In but few cases was it less than one hour or more than
two hours.. In general it may be said that the hours o f labor were
shorter in those establishments which had no noon intermission. In
addition to the noon recess, 27 per cent o f the establishments gave
other recesses fo r breakfast and fo r afternoon lunch. O f the estab
lishments without a regular noon recess, 45 per cent had recesses
fo r breakfast and fo r afternoon lunch. The total time o f the two
additional recesses rarely exceeded one hour, and in the majority o f
instances was one-half hour or less.
In 20 per cent o f the establishments an increase in the number o f
hours worked each day occurred regularly at certain times in the year.
A bout one-third o f the persons investigated were affected by this
increase. The increase was usually caused by special conditions pre
vailing in the business in which the establishment was engaged.
Some o f the most frequent causes were the preparation o f monthly
pay rolls, taking inventories, arranging for shipments on steamers,
etc. The increase lasted fo r 30 days or longer in the majority of
instances. A s a rule the increase was not more than three hours on
any one day. The custom o f working longer hours on Saturday was
but seldom met with. On the other hand, in 1,073 establishments, or
8 per cent o f those investigated, there was a reduction in the number
o f hours on Saturday. In about 88 per cent o f these cases the reduc
tion was two hours or less. A s regards Sunday and holiday labor,
excluding the cases in which the schedules were defective on this
point, it was learned that w ork on these days occurred in 4,516
establishments, which formed 33 per cent o f the total number investi
gated. The number o f persons affected was 24,657, or 35 per cent o f
all persons investigated. In 70 per cent o f the establishments and for
69 per cent o f the persons so affected this Sunday and holiday labor
did not exceed two hours.
In about 34 per cent o f the establishments leaves o f absence were
given regularly, and in 6 per cent “ on request.” The number o f per
sons receiving regular leaves o f absence was 27,132, while those receiv
ing leaves o f absence on request numbered 5,532. F or the female
employees over 16 and fo r the male apprentices, the time given was
usually less than two weeks, while fo r the majority o f the male
employees over 16 years o f age it was from one to three weeks.
FOREIGN STATISTICAL PUBLICATIONS---- GREAT BRITAIN.
1359
G R E A T BRITAIN .
Report from , the Select Committee o f the House o f Lords on Early
Closing o f Shops. Session, 1901. xvi, 213 pp. (Published b j order
o f the House o f Commons.)
This volume contains the report and recommendations o f a commit
tee appointed from the House o f Lords to consider the early closing
o f shops. The committee was directed to examine into and report
upon the hours o f labor in tradesmen’s shops and what steps, if any,
should be taken to diminish them.
The evidence taken by the committee is printed in full and occupies
the chief portion o f the volume. It shows that in many places shops,
even o f the better class, were kept open 80 or 90 hours per week, or
longer, in addition to the time occupied in clearing up, putting away
goods, etc. Small shops were kept open much longer in many cases.
An attempt was made to ascertain what effect an early-closing law
would have on the various classes o f purchasers in order that the
rights o f the public as well as those o f the shopkeepers and their
assistants might be protected.
The investigation developed the fact that in most instances the
majority o f proprietors in a given class o f trade were willing and
anxious to close early, but were restrained from so doing by the fact
that other shops o f that class would remain open. Instances were
reported where an organized movement o f the shopkeepers in certain
districts to establish an early-closing hour had been defeated because
o f the refusal o f a few proprietors to join the movement. The views
o f a large number o f tradesmen’s associations were brought before the
committee, either through the associations’ officers or by petitions or
resolutions. Eighty-six witnesses were examined directly, 62 o f
whom represented important tradesmen’s associations in all parts of
the country. In this manner over 290 tradesmen’s associations were
found to be in favor o f an early closing. The witnesses were generally
o f opinion that little more could be accomplished by voluntary action
in the direction o f early closing, and that legislation was necessary.
The report o f the committee closes as follows:
“ The evidence has convinced us that earlier closing would bean
immense boon to the shopkeeping community, to shopkeepers and
shop assistants alike; that the present hours are grievously injurious
to health, especially in the case o f women, and under these circum
stances we recommend that town councils should be authorized to
pass provisional orders, making such regulations in respect to the
closing o f shops as may seem to them to be necessary for the areas
under their jurisdiction; and these provisional orders should be sub
mitted to Parliament in the usual manner before acquiring the force
o f law. Special enactments fo r restraining the outlay involved, and
providing for its discharge, may be necessary.”
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 b y quotation marks, and when long b y 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 ST A T U T O R Y L A W .
B oycotts—A ssociations to R egulate P rices —I njunction —
Walsh v. Association o f Master Plumbers o f St. Louis, et al., Court
o f Appeals at St. Louis, M o., 71 Southwestern Reporter, page I f 5 .—
This case came before the court o f appeals on an appeal by J. E.
Walsh from a judgment in the St. Louis circuit court. Walsh was
a master plumber and in his bill complained that a boycott had been
established against him by the defendant Association o f Master
Plumbers, composed o f about three hundred persons, and by a com
bination o f persons engaged in the manufacture and sale o f goods and
materials known as plumbers5 supplies. Walsh was not a member of
the association, but had been a duly licensed and registered plumber
fo r a number o f years in the city o f St. Louis until about the year
1899. A t about this date the members o f the Association o f Master
Plumbers and the dealers and manufacturers doing business in the city
were alleged to have entered into an understanding and combination in
writing combining and conspiring together against Walsh and all other
plumbers in the city who were not members o f the association, where
by it was agreed that the aforesaid dealers and manufacturers would
not sell to any master plumber any plumbers5 supplies unless he was
or became a member o f said association. It was further agreed by the
members o f the association that they would boycott any dealer found
selling to a plumber not a member o f their association, and the manu
facturers and dealers, on their part, agreed among themselves that if
anyone o f their number should sell or permit to be sold any such sup
plies to any plumber or other person in the city o f St. Louis who did
not belong to the Master Plumbers5 Association he should be fined
therefor the sum o f $250. Walsh was unwilling to join the Association
o f Master Plumbers, and in consequence found himself unable to pur
chase supplies and materials in order to finish contracts which he had
undertaken. The bill alleged that such agreements were a conspiracy
in violation o f the laws o f the State o f Missouri and that they were in
1360
DECISIONS OF COURTS AFFECTING LABOR.
1361
restraint o f trade and in violation o f the rights of the plaintiff and the
general public and against the public policy. He claimed that his
business had been practically ruined, and that he had no redress at all,
and asked fo r an injunction against the parties complained of to pre
vent a continuation o f the wrongful acts above recited. A temporary
injunction was granted, but on hearing a demurrer was filed by the
defendants alleging that the petition did not state facts sufficient to
constitute a cause o f action against the defendants or any o f them;
that the plaintiff was not entitled to relief in equity, and that if there
was any right o f action such action should be brought by the attorney general o f the State of Missouri or by the prosecuting attorney o f the
city o f St. Louis and not by the plaintiff, who was a private citizen.
This demurrer was sustained and the temporary restraining order dis
solved. It was from this ruling that Walsh appealed. The court o f
appeals reversed the judgment o f the circuit court, Judge Bland, speak
ing for the court, using in part the follow ing language:
In Hunt v. Simonds, 19 M o., at page 586, the court said: “ It is
obviously the right o f every citizen to deal or refuse to deal with any
other citizen, and no person has ever thought himself entitled to com
plain in a court o f justice o f a refusal to deal with him, except in some
cases where, by reason o f the public character which a party sustains,
there rests upon him a legal obligation to deal and contract with
others.” Cooley, in his work on Torts (2d E d., p. 328), states the prin
ciple broadly as follow s: “ It is part o f every man’s civil rights that
he be left at liberty to refuse business relations with any person whom
soever, whether the refusal rests upon reason or is the result o f whim,
caprice, prejudice, or malice.” A capitalist has the right to employ
his capital or to hide it away and refuse to use it, so long as he does
not become a public charge, and a man without capital may labor or
refuse to labor so long as he keeps out o f the poorhouse. So, also,
have capitalists the right to combine their capital in productive enter
prises, and by lawful competition drive the individual producer and
the smaller ones out o f business. And laborers and artisans have the
right to form unions, and by their united effort fight competition by
lawful means. And courts will not lay their hands upon either to
restrain them, however fierce the competition, so long as their methods
are lawful. But, if either steps without the pale o f the law, and by
fraud, misrepresentation, intimidation, obstruction, or molestation
hinders one in his business or his avocation as an artisan or laborer,
courts have not hesitated to interfere, and to afford remedial relief,
either by awarding compensatory damages in an action at law, or,
where the injury is a continuing one, by granting injunctive relief.
[Cases cited.] The petition alleges that the agreement between the
Association o f Master Plumbers and the respondent corporations is for
the purpose o f fixing prices and limiting the production o f plumbers5
supplies. Agreements o f this character are prohibited by section 8978,
art. 2, c. M 3, Rev. Stat., 1899, and they are, therefore, unlawful.
But it is contended by respondents that, conceding the agreement to
be unlawful because within the prohibition o f said section, the illegal
agreement concerns the public only, and can only be declared illegal
1362
BULLETIN OF THE BUREAU OF LABOR,
in a suit brought fo r the purpose by the attorney-general or the pros
ecuting attorney o f the county, as provided by the next succeeding
section (8979). Section 8982 o i the same article expressly provides
that it is the purpose o f the article to provide an additional remedy
for the control and restraint o f pools, trusts, and conspiracies in
restraint o f trade. And it is evident that if the remedy prayed for by
appellant existed before the enactment o f said article 2, it is not taken
away or in any way abridged by section 8979 o f the article.
The contract being unlawful, it remains to be seen whether or not
the appellant’s private rights were obstructed or interfered with as
a result o f the illegal agreement. The petition alleges that they were;
that he was unable to purchase supplies, on account o f said agreement,
with which to do his work, and was prevented from taking plumbers’
contracts fo r the reason he could not procure the supplies necessary
to fill the contracts; that the only reason the respondent corporations
have fo r refusing to sell him supplies is because he is not a member
o f the Association o f Master Plumbers, and that one o f the purposes
o f the illegal agreement is to coerce him to become a member o f said
association. In Doremus^. Hennessy, 176 111., 608; 52 N. E ., 921 [see
Bulletin o f the Department o f Labor, No. 22, page 163], it was held
that members o f a trade association, who combined to induce or com
pel other persons not to deal nor enter into contracts with one who
will not join the association, or conform his prices with those fixed
by the association, will be liable for the injuries caused to him by loss
o f business resulting from such combination. The allegations o f the
petition show that the respondents have conspired together to boycott
the appellant and other master plumbers o f the city o f St. Louis who
have not joined the Association o f Master Plumbers. A boycott is
defined to be an illegal conspiracy in restraint o f trade. An instruc
tive case in this connection is the House o f Lords case o f Quinn v.
Leathern [1901] App. Cas., 195, wherein it was unanimously held that:
“ A combination o f two or more, without justification or excuse, to
injure a man in his trade by inducing his customers or servants to
break their contracts with him, or not to deal with him or continue in
his employment, is, if it results in damage to him, actionable.”
A pplying the doctrine o f these cases to the allegations o f the peti
tion, there can be no question that the agreement between the respond
ents is an illegal conspiracy, and that its effect is to inflict a civil
wrong upon appellant, and that this wrong is a continuing one, and,
according to all the authorities entitles the appellant to injunctive
relief so far as a court o f equity is authorized to administer it within
the bounds o f equitable jurisprudence. W e think it is competent
for the court to declare the agreement complained o f as illegal and
void, and to restrain the parties to the agreement from keeping its
terms or demanding that they be kept, and thus leave the respond
ent corporations and each o f them free to deal or not to deal with
appellant, as they may choose. In so far as it appears from the alle
gations o f the petition, the Association o f Master Plumbers is not an
illegal association. Presumably it was form ed fo r the purpose o f
mutual protection, and to fight competition in their business within
the boundaries o f the city o f St. Louis. A s we have seen, the assocition may lawfully do this by lawful means and methods to the extent
o f driving nonmembers out o f business. W e see nothing, therefore,
in the petition that would authorize a court o f equity to dissolve the
association.
DECISIONS OP COURTS AFFECTING LABOR.
1363
The judgment is reversed, and the cause remanded, with directions
to the circuit court to set aside the order sustaining the demurrer and
to overrule the same, with leave to respondents to answer if they are
so advised.
E mployers ’ L iability —C onstitutionality of S tatute —Ballard
et al. v. Mississippi Cotton Oil Company, Supreme Court o f Missis
sippi, SJp Southern Reporter, page 533.—This case arose from an action
by Elizabeth Ballard and others against the above-named company to
recover damages for the death o f John Ballard, who received injuries
as the result o f the failure o f the company to furnish a safe and suit
able appliance fo r his use while in its employment. The facts are o f
minor importance and appear with sufficient fullness in the opening
paragraph o f the remarks o f Judge Whitfield, who delivered the
opinion o f the court. The action rested upon the provisions o f chapter
66 o f the laws o f 1898, which provides that “ every employee o f any
corporation shall have the same rights and remedies fo r an injury
suffered by him from an act or omission o f the corporation or its
employees as are allowed by other persons not employees, where the
injury results from the negligence o f a superior agent or officer, or o f
a person having a right to control or direct the services o f the party
injured, and also when the injury results from the negligence o f a
fellow servant,” etc., and that knowledge o f defective appliances, etc.,
shall constitute no defense. This law was declared unconstitutional
in the circuit court o f Yazoo County and on appeal this judgment was
affirmed by the supreme court o f the State. The arguments o f the
attorneys fo r both appellant and appellee are reproduced in full in
the Reporter, and the discussion by the judge o f the points raised is
quite extended. The conclusions and the principal grounds for the
same are embraced in the follow ing brief extracts:
W e are clearly o f the opinion that the stepladder furnished the
deceased employee, John W . Ballard, was a wholly unsafe and dan
gerous appliance; but it is equally clear that he had knowledge o f its
dangerous character. Under the common law, his suit would there
fore fail; but he sues under the provisions o f the act o f 1898 (Laws
1898, p. 85, c. 66).
The act o f 1898 under review is assailed as violating the fourteenth
amendment o f the Constitution o f the United States, because it
denies, as alleged, to corporations the equal protection of the laws in
two respects: First, in that it applies to the employees o f all corpora
tions, without reference to any difference in the respective business o f
the corporations; second, because it discriminates between employees
o f natural persons and o f corporations— and the argument is put
briefly thus by way o f illustration: ‘ ‘ Suppose one man has an inde
pendent fortune and has a large body o f pine land, say in Clarke
County, Miss., and being desirous o f converting the timber upon these
lands into lumber, and recognizing that the sawmill business is hazard
ous and likely to impose large liability upon him, he incorporates this
1364
BULLETIN OF THE BUREAU OF LABOR.
business under the name o f the Clarke County Sawmilling Company.
Alongside o f him and his property in Clarke County is an individual
owning an equal body o f land, who does not see fit to take this pre
caution. Suppose the boilers o f these two sawmills are notoriously
weak, and all the employees o f both parties are aware o f it, and yet
they continue to work. Suppose, now, at the same time and from
identically the same cause, a boiler explosion takes place in both mills.
The Clarke County Sawmilling Company would, under the act o f
1898, be mulcted in damages, but the individual would not be liable.”
And it is urged that the act applies to all corporations but to no natural
persons, and, since the natural person and the corporation might be
both engaged in precisely the same business, a discrimination in such
cases does not rest on any difference in the business. Possibly the
clearest statement o f the doctrine contended fo r by appellee is that
stated in Soon H ingv. Crowley, 113 U. S. 708, 709, 5 Sup. Ct. 733,
28 L. Ed. 1145, as follow s: “ The discriminations which are open to
objection are those where persons engaged in the same business are
subject to different restrictions, or are held entitled to different privi
leges under the same conditions. It is only then that the discrimina
tion can be said to impair that equal right which all can claim in the
enforcement o f the law.”
Our conclusion, after the most careful and protracted consideration,
is that section 1 o f the act o f 1898 (Acts 1898, j). 85, c. 66), violates
the fourteenth amendment o f the Constitution o f the United States,
in that it imposes restrictions upon all corporations, without reference
to any difference arising out or the natures o f their business, which
are not imposed upon natural persons, and thus denies to corporations
the equal protection o f the law. W e are, therefore, constrained to
declare the said act unconstitutional.
E mployers ’ L ia b il it t —M in e R egulations —F ailu re to P erform
S tatutory D u ties —Rim rod Coal Company v. Stevens, Supreme
Court o f Illin ois , 67 Northeastern Reporter, page 389.— In this case
Onie Stevens had sued the coal company named above to recover dam
ages for the death o f her husband. It appears that Stevens was a
driver in the coal mine and while engaged about his duties was injured
by being run into by a car under the care o f another driver, from
which injury he died. Stevens was driver on what was known as side
entry No. 3, which connected directly with the main entry, while one
Lyons was driver on side entry No. 4. The track in this latter entry
did not extend through to the main entry but turned through the
cross wall and joined the track in side entry No. 3 at some distance
from the main entry. There was a swinging door near the junction
o f the two tracks, placed there fo r purposes o f ventilation. This door
was customarily pushed open b y the mule drawing the car, no atten
dant being stationed there. A t the time o f the accident causing the
death, Lyons came through this door with mule and car at the rate of
about eight miles an hour, the mule pushing the door open and run
ning against Stevens with the results stated.
DECISIONS OF COURTS AFFECTING LABOR.
1365
The mining laws o f the State require proper ventilation in all mines,
two clauses providing that “ (e) A ll permanent doors in mines used in
guiding and directing the ventilating currents shall be so hung and
adjusted as to close automatically;” and “ (f) A t all principal door
ways, through which cars are hauled, an attendant shall be employed
for the purpose o f opening and closing said doors when trips o f cars
are passing to and from the workings.”
The plaintiff charged that the failure to have an attendant at this
doorway between entries No. 3 and 4 was negligence in view o f the
requirements o f this statute, and that if the law had been complied
with the attendant would have been able to prevent the accident. The
mining company contended that this doorway was not a principal
doorway as described in the statute, and further that the duties o f the
attendant would not in any case have extended to the prevention o f
accidents such as the above.
The circuit court o f Vermilion County awarded damages to the
plaintiff, Stevens, and this judgment was affirmed by the appellate
court o f the third district. The case was again appealed to the supreme
court o f the State, where the judgment o f the courts below was
affirmed.
Judge Cartwright, for the court, reviewed the above facts, and
concluded as follows:
The principal purpose o f the section is to provide for ventilation, and
doors are necessary to guide and direct the current. It is argued that
where the current o f air is strong doors can not be made to swing both
ways, but must shut against a jam and must be pushed open against
the current, so that an attendant must be provided to open the door;
but where the current is not strong the door may swing both ways,
and a mule can push it open and, after passing through, it will swing
back into place. Counsel says that for this reason attendants are
required at principal doors on the main current to open and close them
quickly, so as to keep the air flowing constantly in the same direction
and secure ventilation. It will be noticed that clause 66e ” provides
that all permanent doors used in guiding and directing the ventilating
currents shall close automatically, and according to this theory the
force o f the main current would close them very quickly without an
attendant. But whatever the fact may be in that respect, it is appar
ent that the existence o f the necessary doors creates a source o f danger
to those who are driving on cars. The provision is that there shall be
an attendant in charge o f each principal door, whose duty it shall be
to open and close it fo r the purpose o f allowing trips o f cars to pass
through and presumably to open it at proper times and with proper
and suitable precautions for that purpose. It could not have been
intended that a person stationed at a door to open and close it for the
passage o f cars would open it at improper times, when collisions with
other cars would probably result. The presence o f an attendant, per
forming his duty as required by the statute, would tend to secure the
safety o f the driver; and in view o f the danger, it seems to us fairly
within the purpose o f the act to provide against dangers resulting
from the existence o f the necessary obstructions in the form o f doors.
1866
BULLETIN OF THE BUREAU OF LABOR.
It could not have been in the contemplation o f the legislature that the
attendant would push the door open whenever a car came along the
track, regardless o f consequences and without the exercise of any care.
W e think the declaration was properly based on the statute. As a
matter o f fact, if there had been an attendant at the door, properly
perform ing his duties, the accident would not have occurred; and the
evidence was that when there was no attendant the only safe way was
to stop the car and go forward and look through the door to see
whether anyone was coming on the other track. It must be presumed
that an attendant, stationed at the door to open it, would nave per
formed that duty.
The principal controversy at the trial was as to the question
whether this door was a principal door, within the meaning o f the
statute, or a subordinate door. The evidence fo r the plaintiff was
that principal doors were those through which there was considerable
travel, that all doors which were much used were principal doors,
and that this door was o f that character. The evidence for the de
fendant was that the character o f a door as a principal or subordinate
door is determined by the current o f air; that a principal door is a
door on an entry where there is a main current, before it has been
divided and subdivided; and that this was not a principal door. This
was a question o f fact, settled by the judgment o f the appellate court.
The judgment o f the appellate court is affirmed.
E mployers ’ L iability —R ailroad C ompanies —C onstruction of
S tatute — W hat is a L ocomotive E ngine —Jarvis v. H itch , Su
preme Court o f Indiana, 67 Northeastern Reporter, page 1057.— This
was an action by Oscar Hitch against George T. Jarvis, receiver o f a
railroad company, to recover damages under the fourth subdivision of
the first section o f the employers’ liability act. The circuit court of
Gibson County allowed damages, from which an appeal was taken to
the appellate court, where the judgment was affirmed. (For a report
o f this decision see Bulletin o f the Department o f Labor, No. 45, page
380.) On rehearing before the supreme court this judgment was
reversed, the case turning on the question o f whether the machine by
whose movement Hitch was injured was or was not a locomotive
engine. The appellate court had ruled that it was properly so classed,
but the supreme court gave its opinion to the contrary. The machine
consisted o f a steam engine placed on one end o f a flat car, while at
the other was the driver used in raising the hammer, all form ing one
machine and used as a pile-driver. The engine was used to lift the
hammer, and also, by means o f a sprocket wheel on the axle under the
boiler and a chain running from the engine to such wheel, to move
the machine back and forth upon the tracks when desired.
Judge Monks, in delivering the opinion o f the court, used in part the
follow ing language:
Said employers’ liability act was adopted by the legislature o f this
State in 1893, and said fourth subdivision o f the first section thereof,
DECISIONS OF COURTS AFFECTING LABOR.
136?
so far as a right o f action is given for injury caused by the negligence
o f persons in charge o f “ any signal, locomotive engine, or train upon
a railway,” is substantially the same as the fifth subsection o f the
English employer’s liability act o f 1880. A s the English employer’s
liability act was enacted in 1880, the meaning given tne words “ loco
motive engine” in said fifth subsection thereof by the courts o f that
country before the adoption by the legislature o f this State o f said
fourth subdivision in 1893 is persuasive, if not controlling, in deter
mining the meaning o f the words “ locomotive engine” in said fourth
subdivision o f section 7083, Burns’ Rev. St. 1901. [Cases cited.]
The meaning o f the term “ locomotive engine,” as used in said
English employer’s liability act, was decided in 1883 by the Queen’s
Bench Division in Murphy v. W ilson, 48 Law Times, N. S. 788; 52
Law Journal Q. B. D. 524, 525. In that case Murphy sued to recover
compensation for personal injury caused to him while in the service
o f Wilson & Son, as he alleged, by reason o f the negligence o f a per
son in the service o f said Wilson & Son, who “ had charge and con
trol o f a locomotive engine on a railroad.” It was shown by the
evidence that the alleged “ locomotive engine” was a “ machine con
sisting o f a crane and a steam engine working it, both being mounted
on the same truck and form ing one machine, and so constructed that
the engine served the double purpose o f moving the machine from
place to place and o f raising stone by means o f the crane.” Pollock,
B ., said; “ This machine was a steam crane, so fixed on a trolley that,
by means o f shifting gear working on the axles o f the trolley, the
crane and trolley could be moved from one place to another along
rails which in the present case were only temporary. It can only be
said to be a locomotive engine in the sense that it is an engine, and,
by means o f the trolley to which it is affixed it is capable o f being
moved about. Now tne term ‘ locomotive engine’ has a well-known
significance, and is used generally fo r an engine to draw a train of
trucks or cars along a permanent or temporary set o f rails. There is
also a well-known class o f engines, such as traction engines, which,
though they are capable o f being moved from place to place, are never
spoken o f as locomotive engines. Was it then the intention o f the
legislature to include these latter, or such an engine as the steam
crane in question, or only to refer to those engines that are usually
styled ‘ locomotive engines’ ? The words used in the subsection, in
connection with the term ‘ locomotive engine,’ refer exclusively to
well-known things connected with the ordinary working o f a railway.
The machine in this case is intended to lift heavy weights o f stone
and other materials used in constructing a railway, having, besides,
an incidental power o f applying its steam force to the trolley. I f the
legislature had intended to include any such machine they would
have used proper terms. I can see no reason why the defendants in
this case should be held liable under this section any more than if it
were a case o f a steam-printing machine or a punching machine.”
Lopez, J ., said: “ I am o f the same opinion. 1 think that the words
‘ locomotive engine’ in section 1, subsection 5, o f the employers’
liability act o f 1880, which have a well-known ana ordinary meaning,
must be read as having been used by the legislature with that mean
ing, and only in that sense.”
The machine in this case was intended to drive piles, and was con
structed and used for that purpose, and, as an incident, there was
1368
BULLETIN OF THE BUBEAU OF LABOR.
attached to it the power to move itself and the cars belonging to it
from place to place, by applying its steam power to one o f the axles
upon which it rested. There is no substantial difference between the
steam crane in the case o f Murphy v. W ilson, supra, and the steam
pile driver in this case, except the first was used to lift heavy weights,
and the latter to drive piles. W e think it is clear that the steam pile
driver was not a u locomotive engine” within the meaning of said
fourth subdivision o f section 1 o f the act o f 1893, being section 7083,
Burns’ Rev. St., 1901. By the term “ locomotive engine” used in
said clause, the legislature only intended an engine constructed and
used for traction purposes on a railroad track.
E mployers ’ L iability — R ailroad C ompanies —S afety C o up
T e n d e r —Larabee v. New York, New Haven
and H artford Railroad Company, Supreme Judicial Court o f Massa
chusetts, 66 Northeastern Reporter, page 1032.— In this case George
l e r s — L ocomotive
Larabee obtained a judgment against the above-named company for
injuries received while trying to couple a car and a tender, against
which judgment the company brought exceptions. These exceptions
were sustained and the judgment reversed, the opinion o f the court
being delivered by Judge Holmes, from whose remarks the following
is quoted:
The car was equipped with an automatic coupler, as required by
St., 1895, p. 412, c. 362, sec. 2 (R. L ., c. I l l , sec. 203), but the tender
was not, so that the coupling had to be done in the old way with a link
and pin. The plaintiff’s case was that the tender should have been
equipped in the same manner as the car.
The section cited copies, fo r traffic within the State, the provisions
o f United States Statutes, act March 2, 1893, c. 196, sec. 2, 27 Stat.,
531 [U. S. Comp. St., 1901, p. 3174], as to interstate commerce.
The material words are, u No railroad corporation shall haul or permit
to be hauled or used on its lines * * * any car which is not
equipped with coupl rs coupling automatically by impact, and which
can be uncoupled without the necessity o f men going between the ends
o f the cars.” By a later section it is enacted that “ any employee o f
such corporation who may be injured by any * * * car, or train
in use contrary to the provison o f this act shall not be deemed thereby
to have assumed the risk thereby occasioned, although continuing in
the employment o f such corporation after the unlawful use o f such
* * * car, or train has been brought to his knowledge.” (Act
March 2, 1893, c. 196, sec. 8, 27 Stat., 532 [U. S. Comp. St., 1901, p.
3176].) The defendant asked a ruling that a tender o f a locomotive is
not a car within the meaning o f the act. The refusal o f this raises the
only question with which it is necessary to deal.
The court is o f opinion that the ruling requested should have been
given. It may be, as some o f us think, that the rear end o f the tender
is within the policy and object o f the act, but the word “ car” in its
ordinary use and acceptance does not include it. On the contrary, it
excludes the tender as obviously as it does the engine. It always is
dangerous to give unusual meanings to the words o f a document on the
DECISIONS OF COURTS AFFECTING LABOR.
1369
strength o f an imagination o f what the writer had in mind. M ore
over, the other language o f the section indicates that, whatever the
evil which the legislature sought to prevent, it had in mind only cars
properly so called. The prohibition “ no railroad corporation shall
haul” hardly would be so expressed if it had in conscious view not
merely the cars which are regarded as the inert objects o f traction by
a separate engine from which they are detached daily, but also the ten
ders which are so much more closely associated with the source o f
power as almost to be regarded as one with it, and which only excep
tionally and with more or less difficulty are taken apart from it.
E mployers ’ L iability —V ic e -P rincipal —A ssumption of R isk —
E ffec t o f S ta tute — S ufficiency of A llegations — American
Rolling M ill Company v. Hullinger, Supreme Court o f Indiana , 67
Northeastern Reporter, page 986.— James M. Hullinger sued the
American Rolling Mill Company for injuries received while in its
employment, and obtained a verdict in the circuit court o f Delaware
County. The company’s attorneys had demurred to the complaint as
insufficient, but this demurrer was overruled and judgment entered as
stated. On appeal to the supreme court the action of the court below
was reversed. Demurrer was based on two points: First, that the
complaint did not properly charge the company with negligence, in
that it did not sufficiently set forth the status o f the master mechanic,
by whose fault the injury was caused, as a vice-principal o f the
plaintiff; and, secondly, in that the complaint did not state facts which
would negative the common-law doctrine o f the assumption o f risk by
the plaintiff. Judge Gillett, who announced the opinion o f the court,
took up these questions in order as follows:
The first question is whether it appears from the complaint that said
master mechanic was not a coservant, but was a person for whose
acts the appellant was responsible. It is charged in said pleading not
only that said master mecnanic had full charge o f the work at which
appellee was engaged at the time o f his injury, but that he had been
“ intrusted by said defendant with the d u t y 'o f keeping the ways,
works, plant, tools, and machinery connected with and in use in the
business o f said defendant corporation in proper condition.” The
complaint shows that the master mechanic was a vice-principal, and
in that particular, at least, facts are stated on which a common-law
liability may be based. (Southern Indiana, etc., R. Co. v. Martin (at
last term), 66 N. E ., 886.)
The further question that is presented concerning the complaint is
whether it should state facts showing that appellee had not assumed
the risk, which in this case arose from leaving a bent or truss leaning
against a gin pole, without being held in position by guy ropes or
other means o f support. It is admitted by counsel for appellee that
this showing would have been necessary, according to the course of
decisions in this State, in stating a liability fo r negligence, between
master and servant not resting upon any statute. Notwithstanding
1370
BULLETIN OF THE BUREAU OF LABOR.
the duties the master owes the servant at common law, yet, if it
.appears that the latter had assumed the risk, there is no liability
for negligence. This is but an application o f the maxim, “ Volenti
non fit injuria,” which states a principle o f very broad application in
the law. The master may not nave performed the duty required o f
him, but if the servant knows that such duty has not been performed,
and appreciates the extent o f the risk that he thereby runs, or should
have known and appreciated the same, he ordinarily assumes the risk,
and this absolves the master from liability fo r his resulting injury.
Judge Gillett then took up the contention o f Hullinger’s counsel
that the common-law doctrine o f the assumption o f risk had been
modified by the employers5 liability act o f March 4, 1893. This law
provides that “ every railroad or other corporation, except municipal,
operating in this State shall be liable in damages fo r personal injury
suffered b y any employee while in its service, the employee so injured
being in the exercise o f due care and diligence,55 in certain cases.
These include negligence o f a superior in giving orders to which the
injured employee was bound to conform, and where the injury results
from the act or omission o f any person, done or made in obedience to
the particular instructions given by any person delegated with the
♦authority o f the corporation in that behalf. Section 2 o f this act had
especially defined the doctrine o f the assumption o f risk and denied
to an injured person any remedy where the injury resulted from an
action obviously dangerous or where the risk was so apparent that
the employee must be charged with knowledge o f the dangers attend
ant thereon.
This section was repealed in 1895, and the question
turned on the principle controlling at present as to assumed risks. As
to this point the court said:
W e have no hesitation in asserting that the doctrine o f assumed
risk is involved in cases arising under the statute. W ith the repeal
df section 2, the common law became operative; and therefore the
doctrine o f assumed risk became a part o f the section that created
the liability, except to the extent that the statute may be said to be in
conflict with the common law. Thus the old doctrine that the servant
injured assumed the risk that his coservants might be negligent, as an
implication from their common employment, merely, is not to be held
applicable to the servants for whose acts the statute makes the master
liable, fo r such a holding would establish in its full vigor the coserv
ant rule, which the statute was intended to m odify. [Cases cited.]
It may be said in passing that the rule concerning assumed risk is
different in cases arising under the employers’ liability act, where
definitive duties are not prescribed, from what it is where a statute
points out definitely what the master must do in certain cases to guard
the safety o f the employee.
O f course, in cases o f this kind, where the servant is confronted by
the exigencies o f a new situation, and where he has the implied assur
ance o f reasonable safety to himself, growing out o f the command o f
the person who stands fo r the master to do the work required, the
question o f assumed risk often becomes a mixed one o f law and fact.
DECISIONS OF COURTS AFFECTING- LABOR.
1371
But as the risk that the bent or truss mentioned in the complaint in
this case would fall may have appeared glaring*, and as the appellee
may or should have known and appreciated the full extent o f the danger,
we regard the complaint as insufficient.
E xem ption
o f W ages from E xecution —N ecessaries —C on
S tatute —Fisher et al. v. Shea et al., Supreme Judi
cial Court o f Maine, 51^ Atlantic Reporter, page 81$.— In this case
struction o f
William H. Fisher and others sued Robert G. Shea and his trustees
to recover $15 attorney’s fee. When the claim accrued Shea was act
ing as a police officer o f the city o f Augusta, and was threatened with
an action fo r alleged assault and battery. Fisher was retained as
his attorney. The action was not prosecuted and Shea resisted the
recovery o f the fee on the ground that he was protected by the
provisions o f the exemption law o f the State, which allows the wages
of a workingman fo r a time not exceeding one month next preceding
the service o f the process and not exceeding $20 o f the amount due
to him as wages for personal labor. This amount is not exempt in
any suit fo r necessaries furnished him or his family. The question
turned solely on the point as to whether such an attorney’s fee as was
involved in the present case should be considered as necessaries.
Judge Peabody for the court held that it was, his remarks concluding
as follows:
In the present case there was no arrest on the writ, but the fact that
he was liable to arrest on execution after judgment against him is a
circumstance proper to be considered. It is analogous to cases where
original arrests were made. The defendant was a police officer, and
as such peculiarly subject to prosecutions o f the character described
in this case. The suit against him could not fail to affect seriously his
reputation as a citizen and his efficiency as an officer o f the law, and he
was forced to defend it to avoid consequences more injurious than the
loss o f property rights.
It is well to consider here the purpose o f the statute invoked in this
case. The reason fo r its existence rests on public policy. It is fo r
the best interests o f the State that the wage-earner should have the
incentive to labor for the maintenance o f his home which comes from
a judicious protection o f his earnings, and equally so that he should
be protectea from the effects o f his own improvidence or misfortune
by holding out to those who can furnish him with the things he needs
a reasonable expectation o f remuneration. It is obviously the intent
o f the statute to encourage furnishing to all, without regard to finan
cial responsibility, those things whose lack might not only cause hard
ship to the individual, but detriment to the community.
The defense o f a citizen from injury to his person or his reputation,
the protection o f a public officer in the performance o f his duties, and
the maintenance o f his official character, may properly be included
among those things to which the statute has given preference.
It is our opinion that the services rendered in this case were neces
saries within the meaning o f the law.
1372
BULLETIN OF THE BUREAU OF LABOR.
DECISIONS UNDER COMMON L A W .
E mployer and E m ployee —E mployees of C ontractors—D uty
K e e p A ppliances in S a fe C ondition — Central Coal emd Iron
Company v. Grider's Administrator, Court o f Appeals o f Kentucky,
74 Southwestern Reporter, page 1058.— Foley & Nunan were independ
to
ent contractors employed by the above-named company to sink a shaft
on one o f their properties at a stipulated price per foot. The coal
company was to furnish certain necessary tools and implements, while
all labor and ammunition were to be supplied by the contractors.
Daniel Grider was an employee o f the contractors and was killed by
being struck with a tub which fell as the result o f the breaking o f a
wire rope which had been furnished by the company in accordance
with the terms o f its contract. This rope was new when furnished and
had been in use fo r about six months. The contractors employed and
paid their own laborers, their names not appearing on the pay roll of
the coal company. The company had no direction or control o f such
workmen, nor was the work under the supervision of the company any
further than was necessary fo r the making o f estimates to enable it to
make payments to the contractors from time to time for the work
done. These facts were established without contradiction. Grider’s
administrator had recovered damages in the circuit court o f Muhlen
berg County, which judgment, on appeal, was reversed by the court
o f appeals. Judge Paynter announced the decision o f the court, the
follow ing being the concluding portions o f the same:
The court concludes that the relation o f master and servant did not
exist between appellant [the coal company] and Foley & Nunan, or
between it and the intestate, and that it was not under a duty to look
after the rope and keep it in a reasonably safe condition. I f any one
was guilty o f actionable negligence, Foley & Nunan were, in using the
rope after it got in an unsafe condition. The undisputed facts show
that the negligent act (if such there was) did not consist in furnishing
an insufficient or defective rope, but in allowing it to become so by
those to whom it was furnished— the intestate’s employers, between
whom [and Grider] the relation o f master and servant existed. W ith
out passing upon the question (it not being before us) as to whether or
not the appellant would have been responsible, had it furnished a
defective rope, and the intestate had been killed in consequence thereof,
it is sufficient to say that as there was no evidence to show that it was
defective when it was delivered to Foley & Nunan, and, further, as the
relation o f master and servant did not exist between appellant and
intestate, no duty rested on it to see that the rope continued safe for
use in the shaft, and the court should have given the jury peremptory
instructions to find fo r the appellant.
E mployers ’ L iab ility —D anger from S t rik in g E mployees —
Holshouser v. Denver Gas and E lectric Company, Court o f Appeals
o f Colorado, 72 Pacific Reporter, page 289.— William Holshouser sued
DECISIONS OF COURTS AFFECTING LABOR.
1373
in the district court o f Arapahoe County to recover damages from the
company above named fo r injuries received while in its employ. It
appeared by the complaint that the form er employees of the company
were on strike and had threatened violence to any one taking their
places. Holshouser was not informed o f these facts, and accepted
employment. He worked for 18 days, at the end o f which time he
was shot by strikers. The district court entered judgment for the
defendant company on a demurrer for want o f facts in the complaint,
from which judgment Holshouser appealed and procured a reversal.
The decision rendered by Judge Thomson is given below:
The plaintiff, when he contracted to work fo r the defendant, took
upon himself the usual and necessary risks o f the employment; but
concerning extrinsic or extraordinary dangers, o f which he had no
knowledge, he was entitled to information from the defendant before
entering the service, if such information was in the defendant’s pos
session. In Perry v. Marsh, 25 A la ., 659, it is said that, if one employs
a workman in a service which is apparently safe, but which becomes
hazardous from causes disconnected with the service, which are not
discoverable by the exercise o f ordinary prudence, he is bound by the
strongest principles o f morality and good faith to disclose the danger,
if known to him; and the failure to make such disclosure would be a
breach o f duty fo r which the employer would be held responsible, if,
while engaged in the work, the workman sustained an injury. This
rule has been applied to a variety o f facts; and, so far as our research
has extended, it is uniformly held that in inducting an employee into
an employment which involves exposure to some invisible danger, no
matter what the cause or nature o f the peril may be, the employer, to
escape responsibility, must impart to the employee his own knowledge
o f the situation. [Cases cited.]
It is intimated that during the intervening time the plaintiff ought to
have discovered that a strike was in existence, and that the defendant’s
old employees were in no tranquil frame o f mind. H ow he might
have made the discovery, unless he had seen or heard something to
suggest inquiry, we are not told. But it is the complaint, and not
the case, which is on trial. It is alleged in that pleading that the
laintiff did not know that there was a strike, or that he was in any
anger, until he was attacked. This explicit statement o f fact is not to
be met by mere argument. The facts necessary to charge the defend
ant with liability for the injury, namely, the existence o f reasons
to apprehend danger, the defendant’s knowledge and the plaintiff’s
want o f knowledge o f their existence, and the defendant’s failure to
communicate to the plaintiff the knowledge in its possession, are all
sufficiently averred. It was error to sustain the demurrer, and the
judgment will be reversed.
S
E mployers ’ L iability —R ailroad C ompanies —D isobedience o f
R ules —C ontributory N egligence — Nordquist v. Great Northern
Railway Company, Supreme Court o f Minnesota, 95 Northwestern
Reporterj page 888.—This was an action by Ulrik Nordquist against
150— No. 49— 03----- 16
1374
BULLETIN OF THE BUREAU OF LABOR.
the railway company to recover damages fo r injuries received in the
follow ing circumstances: Nordquist was a conductor on a freight train
operating over a section o f the road including a tunnel and a portion
containing numerous curves at a heavy grade. The train was going
down grade at the time o f the accident, and owing to the failure o f
the air brakes to act, the train was derailed and Nordquist received
the injuries fo r which he now sues. The district court o f Hennepin
County gave judgment fo r the company, which judgment the supreme
court affirmed on the ground that the evidence showed that Nordquist
failed to comply with the rules as to examining and testing the air
brakes before starting on this portion o f his journey. The conclusions
o f law are set forth in the follow ing syllabus by the court:
1. A n employee is bound to obey all o f the reasonable rules o f his
employer with reference to the conduct o f his business. Disobedience
o f such rules, if it contributes directly to the injury of the employee,
conclusively charges him with negligence, which will bar any recovery
o f damages fo r his injury.
2. The plaintiff in this, a personal injury action, is chargeable, as a
matter o f law, with contributory negligence in failing to comply with
the rules o f the defendant as to taking o f freight trains through one
o f its tunnels.
I njunction —C onspiracy —L abor O rganizations — Wabash B ailroad Company v. Ha/nnahan et dl. , United States Circuit Court, Eastern
D istrict o f Missouri, Eastern D ivision , 1%1 Federal Reporter, page
563.— This was a suit begun by the Wabash Railroad Company against
certain officers and members o f the Brotherhood of Locom otive Fire
men and the Brotherhood o f Railroad Trainmen. The bill o f complaint
charged an unlawful and malicious conspiracy and combination fo r the
purpose o f forcing the recognition o f the organizations named as rep
resenting and controlling the employees o f the railroad company in all
their relations with their employer and compelling the lines of railroad
controlled by them to be operated as exclusively union or brotherhood
roads. A m ong the charges presented was one that the defendants
sought maliciously to induce and compel the trainmen, switchmen, and
locomotive engineers to quit the service o f the company in violation of
their different contracts o f employment, although they were, as alleged,
“ entirely satisfied as to all matters concerning their service and com
pensation.” The purpose to interfere with interstate commerce and
the carrying o f the mails was also charged. The bill o f complaint fur
ther showed that the defendants had threatened and were about to
exercise their power and authority as officers o f the brotherhoods to
order and cause a strike on the lines o f the complaining company and
averred that unless an immediate restraining order be issued said
threats and purpose would be speedily executed and irreparable injury
done to complainant. This bill having been filed and duly verified, a
DECISIONS OF COURTS AFFECTING LABOR.
1375
restraining order was issued and the defendants were given fifteen days
within which to appear and show cause why the restraining order
should be dissolved or modified. The defendants appeared accordingly
and filed their answer, denying in all its phases the conspiracy alleged
and declaring that their only intent and purpose was to secure fo r the
members o f their respective organizations improved conditions o f
employment with particular reference to wages paid and working
rules. The substance o f the complaint and o f the answers appears
further in the opinion o f Judge Adams, quoted from below, the con
clusion o f the court being that there had been no violation o f the law.
A fter reviewing the facts and some principles o f law controlling, Judge
Adams said:
On this subject o f organization o f labor no one has spoken more
clearly or acceptably than did Judge Taft in the case o f Thomas v. Cin
cinnati, N. O. & T. P. Ey. Co., (C. C.) 62 Fed., 803. He there says
(page 817), in dealing with a subject very much like that now under
consideration, that the employees o f the railroad—
“ Had the right to organize into or to join a labor union which should
take joint action as to their terms o f employment. It is o f benefit
to them and to the public that laborers should unite in their common
interest and fo r lawful purposes. They have labor to sell. I f they
stand together they are often able, all o f them, to command better
prices fo r their labor than when dealing singly with rich employers,
because the necessities o f the single employee may compel him to
accept any terms offered him. They have the right to appoint officers
who shall advise them as to the course to be taken by them in their
relations with their employer. They may unite with other unions.
The officers they appoint, or any other person to whom they choose to
listen, may advise them as to the proper course to be taken by them in
regard to their employment, or, if they choose to repose such author
ity in anyone, he may order them, on pain o f expulsion from their
union, peaceably to leave the employ o f their employer because any o f
the terms o f their employment are unsatisfactory.”
T o the same effect is the case o f Vegelahn v. Guntner [44 N. E .,
1077. See Bulletin o f the Department o f Labor, No. 9, p. 197],
wherein Judge, now Mr. Justice, Holmes says:
“ I f it be true that workingmen may combine with a view, among
other things, to getting as much as they can fo r their labor, just as
capital may combine with a view to getting the greatest possible
return, it must be true that when combined they have the same liberty
that combined capital has to support their interests by argument, per
suasion, and the bestowal or refusal o f those advantages which they
otherwise lawfully control.”
Allen, J ., in delivering the opinion o f the majority in that case, speaks
on this point with equal emphasis. He says:
“ A combination among persons merely to regulate their own con
duct is within allowable competition, and is lawful, although others
may be indirectly affected thereby.”
I might continue at length in the citation o f cases stating or illus
trating the foregoing propositions, but enough has been said to clearly
indicate the general rule, which may be briefly summarized as follows:
1376
BULLETIN OF THE BUBEAU OF LABOB.
A n employee has an unquestionable right to place a price and impose
conditions upon his labor at the outset o f his employment, or, unless
restrained by contract obligations, upon the continuance o f his labor
at any time thereafter; and, if the terms and conditions are not com
plied with by the employer, he has a clear right either not to engage
or having engaged in his service to cease from work. What one may
do all may do.
They may seek and obtain counsel and advice concerning their rights,
duties, and obligations in relation to their employer, and persons inter
ested in their welfare may advise, aid, and assist them in securing such
terms and conditions o f service as will best subserve their interests,
and what they may lawfully do singly or together they may organize
and combine to accomplish.
Judge Adams then reviewed the evidence as to the satisfaction or
dissatisfaction o f the employees, and concluded as to this point:
First. That at the time in question there was a very general demand
for an increase o f wages and change in rules and conditions o f service
by employees o f railroads operated in this region. Second. That such
demands had come to the attention o f complainant’s chief executive
officer and had been recognized by him. Third. That the committees
and officers o f the brotherhoods o f which many o f complainant’s
employees were members had undertaken to exercise the functions o f
their office in behalf o f their members by making demands fo r addi
tional wages and different rules o f service. Fourth. That upon their
authority being questioned the committees secured written authoriza
tion from a large number o f members o f their orders to represent
them in securing the concessions requested.
In the light o f these facts, it is clear that the employees claimed to
have grievances and were engaged in seeking redress therefor at the
time this suit was instituted. The argument on this point took a wide
range, and an effort was made to show that the grievances complained
o f arose with or were initiated by the committees or officers o f the
brotherhoods, and did not have their origin with the employees them
selves. It was also argued that the alleged grievances were not pre
sented to the subordinate officers o f complainant company, fo r their
initial consideration, as provided by the by-laws and rules o f the
brotherhoods in question; but such arguments, in my opinion, are o f
little value, in the light o f the conclusive evidence already detailed,
showing an existing recognized claim fo r additional wages and other
benefits.
It is not fo r me to pass or express any opinion upon the reasonable
ness o f the demands made by or in behalf o f the employees. It is suf
ficient, fo r the purposes o f this case, that such demands were in fact
made. A s already seen from the authorities cited, it is the privilege
and right o f employees to impose any conditions upon their service
deemed wise or prudent by them, and to demand such compensation
therefor as they deem reasonable, and on failure to secure the conces
sions insisted upon by them to retire from the service o f the employer.
It is shown by the proof that no strikes can lawfully occur by
employees who are members o f either o f the brotherhoods in question
without the sanction o f the grand master and general grievance com
mittees o f the order. T o enjoin them, therefore, from ordering or*
otherwise causing a strike is, in substance and effect, an injunction
DECISIONS OF COURTS AFFECTING LABOR.
1377
against resort to a strike by employees who may be members o f the
orders for the redress o f asserted grievances. This, under well-settled
law, can not be done.
It is contended that the threatened strike was resorted to by the
defendants, not in good faith to redress grievances or secure desired
concessions, but as a result o f a combination and conspiracy to accom
plish the ulterior purpose o f securing recognition o f their unions or
brotherhoods, as authoritative agents or representatives o f its mem
bers, in all their dealings with the company, and also to unionize the
roads o f the company, and that the defendants did not honestly and
fairly secure the two-thirds vote o f the brotherhood employees in favor
o f the strike, but did secure the same by coercion, misrepresenta
tion, and fraud. A n interesting and able argument in support o f this
contention is drawn from the provisions o f the constitution and general
rules o f the two brotherhoods involved in this litigation, whereby it is
made to appear that a strike may be declared which will have the
effect o f forcing the minority o f the brotherhood members who vote
against it and also all nonunion employees in service upon the road o f
the employer out o f work without their consent and even against their
wishes. Attention is particularly called to the situation disclosed by
the proof in this case, that a large majority o f complainant’s employees
working on roads east o f the Mississippi River, fo r whose special benefit
largely the threatened strike was intended, voted against it; and it is
arguea that these and other like considerations disclose that the neces
sary operative results o f the system and methods o f the brotherhoods
in question are subversive alike o f the fundamental rights o f the
employer to manage his own business, and o f the employees to bestow
their labor as they will.
This kind o f argument enters deeply into the domain o f political
science, and might well be addressed to a body o f constructive states
men or men originally contemplating a labor organization. It is an
argument that would be pertinent against the organization o f society
into government. The will o f the individual must consent to yield to
the will o f the majority, or no organization either o f society into gov
ernment, capital into combination, or labor into coalition can ever be
effected. The individual must yield in order that the many may
receive a greater benefit. The right o f labor to organize for lawful
purposes and by organic agreement to subject the individual members
to rules, regulations, and* conduct prescribed by the majority is no
longer an open question in the jurisprudence o f this country. I
entirely agree with the views expressed on this subiect by Judge Taft
in Thomas v. Railway Company, supra, hereinbefore quoted.
A fter considering all the evidence bearing upon the issues now
under discussion, and carefully weighing the foregoing and all other
arguments o f counsel, 1 am not able to find the existence o f the con
spiracy to secure recognition as charged.
In this I am fully confirmed by the fact that whatever may have
been the loose talk between the defendants or either o f them and com
plainant’s president, at any o f the personal interviews between them,
all the correspondence making formal statements o f the demands of
the employees, and especially the letter o f March 3, 1903, written in
reply to the president’s request fo r a specific statement o f the griev
ances fo r the redress o f which they proposed to strike, contained
demands relating to wages and conditions o f service only. Not a word
1378
BULLETIN OE THE BUREAU OE LABOR.
is found in that ultimatum about recognition o f the brotherhoods of
committees or unionizing the roads, or anything else except the subject
o f wages, w orking rules, and the like.
This leads next to a consideration o f the alleged conspiracy to inter
fere with the complainant’s railroad in the discharge o f its duties pre
scribed by the statutes o f the United States relative to carrying the
mails o f the United States and relative to interstate commerce. There
is no specific proof o f any threat to interfere with the mail service, but
such interference is claimed in argument to be necessarily involved
and embraced in the proposed assault upon interstate commerce.
There being no allegation o f diversity o f citizenship between com
plainant and the defendants, the jurisdiction o f this court is invoked
solely because o f the Federal question arising under these statutes.
The matters in issue hereinbefore considered are not in and o f them
selves subject-matter o f Federal cognizance, and would not have been
argued by counsel, or considered by the court, except upon the theory
claimed by complainant, that the acts and purposes disclosed by them
were steps or links in the chain leading up to the ultimate conspiracy
now under discussion, namely, to interfere with interstate commerce.
A fter citations from the Interstate Commerce Act, and the law
against conspiracy, the court resumed:
From the foregoing it must appear that only bold, audacious, and
reckless men would attempt or intend to engage in the unlawful and
criminal acts complained of. These considerations are alluded to as
bearing upon the probability or improbability o f the truth o f the
charge made against the defendants. Now, what are the facts?
First, it is argued that the W estern Association o f Committees
formed in the summer o f 1902 at Kansas City, with which complain
ant’ s employees afterwards became affiliated, was such a combination
as would facilitate the alleged conspiracy, and should therefore be
regarded as evidence o f it. It is true that was an association o f
the chairmen o f the grievance committees o f certain orders, including
the Brotherhood o f Railroad Trainmen, and embraced representatives
o f a large number, if not all, o f the railroads operating west, south
west, and northwest o f Chicago, and became and was a formidable
body. The invitation to membership in the association recites its
general purpose to be as follows:
u Changed conditions o f work and employment which have come
within the last few years have led our membership generally to the
conviction that higher rates or standards o f pay fo r conductors and
trainmen are fully justified. Voicing that sentiment among the men,
members o f our general committees fo r this territory (more or less
recently) made efforts to secure the increase desired. They have failed
to secure general increases, principally because o f inability to success
fully answer or controvert the argument that the road in question was
paying as much as its neighbors and competitors.”
It further appears that the association, after considering other sug
gestions, finally decided to request an increase o f wages o f 20 per cent
m freight service, and to make an effort to secure such advance in the
wages o f passenger conductors, trainmen, and yardmen as would har
monize with the figure so fixed fo r freight service. It further appears
that in urging united action to secure these specific advances the address
DECISIONS OF COURTS AFFECTING LABOR.
1379
or invitation stated, among other things, as follows: u It is not expected
that these requests will be accompanied by any other complaints or
grievances when filed with the officials o f any road.”
So far as appears in the proof, this association was organized fo r a
lawful and laudable purpose, namely, fo r the betterment o f the condi
tion o f employees; and there is nothing before me (except certain [dis
credited] affidavits) to indicate that it was intended to accomplish this
purpose by any unlawful means.
A s already observed, the record before me shows that the W estern
Association o f Committees is an organization that might facilitate a con
spiracy like that charged, if so disposed. This might be said o f any
organized bodies, like the Masons, Odd Fellows, or the like, but such
fact, in and o f itself, affords no substantial evidence that the W estern
Association or the other orders referred to would resort to unlawful
and criminal methods to accomplish their purpose.
It is also argued that the union and concert o f action o f the Brother
hood o f Locom otive Firemen and o f Railroad Trainmen, as shown by
the p roof in this case, are evidence o f the unlawful conspiracy comlained of. A s already observed in another connection, this can not
e so. Their purpose being lawful—that is to say, to secure increased
wages and better conditions o f service— the concert o f action is per se
lawful and proper, and, in the absence o f proof o f a purpose to accom
plish their object by unlawful means, the usual presumption should
rather be indulged that they would not resort to unlawful means to
accomplish it.
Other facts and arguments have been urged upon the attention o f
the court by able counsel representing both sides o f this controversy,
all o f which have received careful consideration by the court, but the
principles already laid down, the observations made and conclusions
reached, are not materially affected by them. They will therefore not
be specifically adverted to.
It results that this court should not interfere with the exercise o f
the right on the part o f complainant’s employees, who are members o f
the brotherhoods in question, o f quitting the service o f complainant in
a body, by restraining the defendants, who are officers o f the brother
hood, from exercising the functions o f their office prerequisite thereto,
and that at the present time there is no reason shown for an injunction
restraining the defendants from interfering with interstate commerce
or the man service o f the United States.
The motion fo r a preliminary injunction is denied, and the ad interim
restraining order heretofore made is vacated.
E
LAW S OF VARIOUS STATES RELATING TO LABOR ENACTED SINCE
JANUARY 1, 1896.
[The Second Special Report of this Bureau contains all laws of the various States and Territories
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.]
H AW AII.
ACTS OF 1903.
A ct 36.— Payment
of wages of laborers on public works.
S ection 1. From and after the passage of this act, the fifteenth and last day in a
month are hereby designated the pay-days of all employees engaged in constructing
or repairing roads, bridges or streets for the Territory of Hawaii.
Approved 23rd day o f April, A. D. 1903.
A ct 37.— Employment of labor on public
works.
S ection 1.—No person shall be employed as a mechanic or laborer upon any pub
lic work carried on b y this Territory, or b y any political subdivision thereof, whether
the work is done b y contract or otherwise, unless such person is a citizen of the
United States, or eligible to become a citizen: Provided, however, in the event
unskilled citizen labor, or unskilled labor eligible to become citizen labor, can not
be obtained to do the required work, the superintendent of public works, or the
county board of control, or the mayor, or other chief executive of any municipality,
respectively, shall have the power to issue permits to employ other than citizen, or
eligible to becom e citizen, unskilled labor until said citizen, or eligible to become
citizen, unskilled labor can be obtained.
S ec . 2. Eight hours of actual service shall constitute a day’ s labor for all mechan
ics, clerks, laborers and other employees employed upon any public work or in any
public office of this Territory, or any political subdivision thereof, whether the work
is done by contract or otherwise: Provided, however, That the full eight hours shall
not apply to Saturdays or any holiday.
S ec . 3. A stipulation that no mechanics, clerks, laborers and other employees
employed upon any public work in the em ploy of th e contractor or subcontractor
shall oe required to work more than eight hours in any one calendar day, except in
cases of extraordinary emergency, and that no mechanic or laborer, other than a
citizen of the United States, or eligible to become a citizen, shall be employed, shall
be contained in every contract to which the Territory or any political subdivision
thereof is a party.
S ec . 4. A ny contractor, person, firm or corporation, or any officer of the Territory,
or of any political subdivision thereof, violating any of the provisions of this act,
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be sub
ject to a fine of not less than ten dollars nor more than one hundred dollar^ for
each offense. A n y and each and every such violation shall be deemed a separate
offense for each day thereof, and for each mechanic, clerk, laborer and other em
ployee employed upon any public work, employed in violation of the provisions of
this act. A ny contract or subcontract for any public work in this Territory that
does not com ply with the provisions of section 3 of this act shall be absolutely void.
Approved this 23rd day of April, 1903.
A ct 52.— Exemption
of wages.
S ection 1. Section 8 of act 9 of the Session Laws of 1901 is hereby amended so as
to read as follows:
“ Section 8. One half of the wages due every laborer or person working for wages.”
Approved this 28th day of April, A. D. 1903.
1380
LABOR LAWS— MINNESOTA---- ACTS OF 1901.
1381
MINNESOTA.
ACTS OF 1901.
[See page 1142 of Department of Labor Bulletin, No. 42, for other labor legislation of 1901.]
C h a p t e r 195.—Examination
and licensing of operators of passenger elevators.
S ectio n 1. No person shall hereafter run or operate any passenger elevator in any
city having a population of over fifty thousand (50,000) of this State until he shall
have been duly registered and licensed to run passenger elevators as hereinafter
provided.
Sec. 2. Before any person shall hereafter engage in running or operating any pas
senger elevator in any city of this State having a population of over fifty thousand,
he shall register his name and place of residence with the building inspector, or if
none the city engineer of said city in a book to be provided and kept by said build
ing inspector, or, if none, the city engineer for the purpose, and shall submit to an
examination b y and before said building inspector, or, if none, the city engineer, as
to his age and knowledge of the mechanical construction and principal parts of pas
senger elevators, and as to his practical experience in operating the same, and his
ability and competency to properly operate such passenger elevator and machinery,
and shall make an application to said building inspector, or, if none, the city engi
neer for a license to operate passengers [sic] elevators. Such examination shall be
held within ten days after such application, or at such other time as may be fixed by
the building inspector, or if none, the city engineer: Provided, That nothing herein
contained shall prevent any person w ho has made such application from running or
operating any passenger elevator until such examination is held as so required.
If such building inspector, or, if none, city engineer shall, upon due and thorough
examination, find that such applicant for license as aforesaid is possessed of sufficient
knowledge, skill and ability to properly operate and run passenger elevators with
safety to passengers therein, said building inspector, or, if none, city engineer shall
issue to such applicant a license certificate stating that upon due and thorough exam
ination they find that the licensee therein named is possessed of sufficient knowl
edge, skill and ability, and is competent to properly operate and run passenger
elevators with safety to passengers therein, and duly licensing such applicant to
operate and run passenger elevators in cities of this State having a population of over
fifty thousand.
All licenses issued under this act shall expire one year after the date of issuing the
same. Said building inspector, or, if none, city engineer, shall not issue such license
to any person not possessing the qualifications, knowledge, skill and ability to prop
erly operate passenger elevators hereinbefore specified; every person licensed to oper
ate passenger elevators shall keep his license conspicuously posted in the carriage of
the elevator which he operates: Provided, That before any license is issued the appli
cant shall pay to the authority issuing the same a fee of twenty-five cents, which
shall be used only for the payment of incidental and necessary expenses. ( Amended
form approved March 11, 1902.)
S e c . 3. No owner, agent, occupant or other person having charge of any building
in any city of this State, having a population of over fifty thousand shall procure,
employ or permit, or cause to be procured, employed or permitted, any person not
duly licensed as herein provided to operate or run any passenger elevator or ele
vators in any such buildings of which such owner, agent, occupant or other person
having [has] charge or control.
Sec. 4. Any person who shall violate any of the provisions of this act shall be
guilty of a misdemeanor, and shall upon conviction be punished by a fine not to
exceed one hundred dollars, or upon default in the payment of such fine, by impris
onment not to exceed ninety days.
Approved April 10, 1901.
NEW JERSEY.
ACTS OF 1903.
C h a p t e r 64.—Regulation
and inspection of bakeries.
1.
Section three of the act entitled “ An act to regulate the manufacture of flour
and meal food products, ” approved April sixteentn, one thousand eight hundred
and ninety-six, is hereby amended so as to read as follows:
3. Every room used for the manufacture of flour or meal food products shall be at
least eight feet in height, and shall have, if required by the factory inspector or a
1382
BULLETIN OF THE BUREAU OF LABOR.
deputy factory inspector, an impermeable floor, constructed of w ood properly satu
rated with linseed oil; the side-walls of such rooms shall be plastered or wainscoted
except where brick walls are shown, and, if required b y the factory inspector, or a
deputy factory inspector, shall be whitewashed at least once in three months; the
furniture and utensils in such rooms shall be so arranged that the furniture and floor
may at all times be kept in a proper and healthful, sanitary and clean condition; no
domestic animal, except cats, shall be allowed to remain in a room used as a biscuit,
bread or cake bakery, or for the storage of flour or meal food products.
2. Section seven of the said act is hereby amended so as to read as follows:
7. Any owner or proprietor of the business of any biscuit, bread of [or] cake
bakery who shall violate any provision of sections one or ten of this act, or any act
amendatory hereof or supplementary hereto, or shall refuse or omit to com ply with
any requirement of the factory inspector or deputy factory inspector as herein pro
vided, or who shall, for thirty days after receiving notice in writing from any person
or persons requiring compliance with the provisions of this act, refuse or omit to
com ply with the provisions of sections two, three, four, five or six of this act, shall
forfeit and pay for the first offense a penalty of one hundred dollars, and for each
subsequent offense a penalty of two hundred and fifty dollars.
3. Section eight of the said act is hereby ameifded so as to read as follow s:
8. The factory inspector, and the deputy factory inspectors within their respective
districts, shall require and enforce compliance with all the provisions of this act, and
for that purpose it shall be the duty o f the factory inspector to personally visit and
inspect all biscuit, bread and cake bakeries, and rooms or places used for the storage
of flour or meal food products, or to cause such visit and inspection to be made b y a
deputy factory inspector within his own district not less than once in six months;
and whenever a complaint in writing, signed by any worker or employee in any such
bakery, shop or place, or by any officer or representative of any labor union in the
county wherein the same is located, shall be received b y the said factory inspector,
or a deputy factory inspector, stating that any provision of this act is being: violated
in any bakery, shop or place therein designated, it shall be the duty of the said factory
inspector in any event, and also of the deputy factory inspector within his own district,
if such complaint is received by him, to forthwith visit and inspect the bakery, shop
or place so designated; every such visit or inspection shall be made in the presence
of those then working or employed in any such bakery, shop or place during the
usual hours of employment therein; and thereupon the said factory inspec or, or a
deputy factory inspector within his own district, upon being satisfied that ail the
provisions of this act, and of all acts amendatory hereof or* supplementary hereto,
are being complied with therein, may issue a certificate to the person, persons or
corporation conducting or carrying on any such bakery, shop or place, that the same
is conducted in compliance with the provisions of this act, and of the acts amendatory
hereof and supplementary hereto.
4. Section nine of the said act is hereby amended so as to read as follows:
9. A ny notice given under or pursuant to this act, or any act amendatory hereof
or supplementary hereto, shall be in writing, and may be served upon such owner
or proprietor either personally or b y mail, or by leaving the same at the bakery,
shop or place therein designated or referred to, during the usual hours of employ
ment therein; and the mailing of any notice, with postage prepaid, directed to such
owner or proprietor at his last-known post-office address, or to the address of any
bakery, shop or place therein designated or referred to, shall be deemed sufficient.
5. There shall be added to the said act a new section, to be known as section ten,
which shall read as follows:
10. No person under the age of eighteen years shall be employed, or required,
permitted or suffered to work, in a biscuit, bread or cake bakery between the hours
of seven o ’ clock in the afternoon and seven o’ clock in the forenoon.
6. There shall be added to the said act a further section, to be known as section
eleven, w hich shall read as follows:
11. A n y penalty incurred under or b y virtue of any provision of this act, or of
any act amendatory hereof or supplementary hereto, may be recovered in an action
of debt in any court of law of this State having jurisdiction of civil causes, to be
brought b y and in the name of any person or persons of full age, or corporation, who
will bring the same, w hich action may be commenced, as in ordinary cases, b y sum
mons, w hich need not be indorsed as in qui tarn actions, and shall be proceeded
with therein, as in ordinary cases, in the court where such action is brought, and
the finding or verdict shall be that the defendant has or has not (as the case may be)
incurred the penalty claimed in the demand of the plaintiff, and judgment shall be
given accordingly; and in case of recovery one-half of the amount of the judg
ment recovered shall belong to the person, persons or corporation b y w hom the
action is brought and the other half thereof shall be paid b y the person, persons or
LABOR LAWS— NEW JERSEY---- ACTS OP 1903.
1383
corporation recovering the same to the treasurer of the State of New Jersey for the
use of the State; in case execution shall be issued in such action and returned
unsatisfied, the court, on application and two days’ notice to the defendant or defend
ants, may award an execution to take the body of the defendant or defendants, as
in other cases where a capias or warrant may issue out of the court wherein such
action is brought, and thereafter the rights, remedies and liabilities of the parties,
and the proceedings in the case, shall be the same, as nearly as may be, as in other
actions in such court where an execution to take the body of the defendant or
defendants has been issued.
Approved March 24, 1903.
Chapter
66.—Employment of children.
1. The factory and workshop inspector appointed under the provisions of the act
to which this act is a supplement shall hereafter be appointed by the governor, and
shall be answerable to the governor for the faithful discharge of his duties.
2. For any neglect or failure to perform his duties, the factory or workshop
inspector shall be subject to immediate suspension by the governor and loss o f pay
for such time as the governor may think proper; and he may also be discharged b y
the governor, in his discretion, after being given an opportunity to make a statement
and present evidence in his defense, and i f so discharged, the term of said inspector
shall end with the date on which he is discharged.
Approved March 25, 1903.
C h a p t e r 201.— Employment of children,
1.
Section one of the act [approved March fifth, one thousand eight hundred and
eighty-three] to w hich this is amendatory is hereby amended to read as follows:
1. No child under the age of fourteen years shall be employed in any factory,
workshop, mine or establishment where tne manufacture of any goods wnatever is
carried on.
2. Section two of the act to which this is amendatory is hereby repealed.
3. All acts and parts of acts inconsistent herewith are hereby repealed, and this
act shall take effect September first.
Approved April 8, 1903.
C h a p t e r 257.— Railroad
employees—Disobedience of rules— Strikes.
61. Any employee of any railroad company who shall willfully or negligently dis
regard and disobey any rule, regulation or published order of the company in regard
to the running of trains, shall be deemed guilty of a misdemeanor; * * * the
penalties imposed by this section shall not exclude any other liability, penalty or
remedy, civil or criminal.
62. If any railroad employee on any railroad within this State engaged in any
strike or with a view to incite others to such strike, or in furtherance of any combi
nation or preconcert with any other person to bring about a strike, shall abandon the
engine in his charge when attached to a train at any place other than the schedule
or otherwise appointed destination of such train, or shall refuse or neglect to con
tinue to discharge his duty, or to proceed with such train to the place of destination
aforesaid; of if any railroad employee within this State, for the purpose of further
ing the object of or lending aid to any strike organized or attempted to be maintained
on any other railroad, either within or without the State, shall refuse or neglect in
the course of his employment to aid in the movement over and upon the tracks of
the company employing him of the cars of such other railroad company received
therefrom in the course of transit, he shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined not less than one hundred nor more than five
hundred dollars, and may also be imprisoned for a term not exceeding six months,
at the discretion of the court.
63. If any person in aid or furtherance of the objects of any strike upon any rail
road, shall interfere with, molest or obstruct any locomotive engineer or other rail
road employee engaged in the discharge or performance of his duty as such, or shall
obstruct any railroad track within this State, or shall injure or destroy the rolling
stock or other property of any railroad company, or shall take possession of or
remove any such property, or shall prevent or attempt to prevent the use thereof by
such company or its employees, or shall by offer of recompense induce any employee
o f any railroad company within this State to leave the service of such company while
in transit, every such person offending shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined not exceeding five hundred dollars, and may
also be imprisoned not more than one year, at he [the] discretion of the court.
1884
BULLETIN OF THE BUREAU OF LABOR.
SOUTH CAROLINA.
ACTS OF 1903.
A ct N o. 40.— Accident
insurance.
S ection 2. Each and every such [manufacturing] company shall further have full
power and authority to become a member of any mutual company or association,
and to severally subscribe and subject themselves to the constitution and by-laws
thereof, which shall be or may have been formed or, incorporated, with a view of
affording to the members thereof, insurance against or indemnity for any accident
or mishap, * * *.
Approved the 23rd day of February, A. D. 1903.
A ct N o. 46.— Convict labor.
S ection 1. All incorporated towns and cities are hereby authorized and empowered,
in addition to the powers now conferred upon them by law, to own and operate rock
quarries, for the purpose of improving roads, highways and streets within their
respective jurisdictions, and to work convicts in operating said rock quarries.
S ec . 2. The police jurisdiction and authority of such towns and cities shall extend
over all prisoners in transit between said rock quarries and said cities and towns.
Approved the 20th day of February, A. D. 1903.
A ct N o. 48.— Liability of railroad companies for injuries to employees—Relief departments.
S ection 1.—From and after the approval of this act, when any railroad company
has what is usually called a relief department for its employees, the members of
w hich are required or permitted to pay some dues, fees, moneys or compensation to
be entitled to the benefits thereof, upon the death or injury of the employee, a
member of such relief department, such railroad company [shall] be, and is hereby,
required to pay to the person entitled to same, the amount it was agreed the employee
or his heirs at law should receive from such relief department; the acceptance of
which amount shall not operate to estop or in any way bar the right of such employee,
or his personal representative, from recovering damages of such railroad company for
injury or death caused by the negligence of such company, its agents or servants, as
now provided by law; and any contract, or agreement to the contrary, shall be
ineffective for that purpose.
Approved the 23rd day of February, A. D. 1903.
A ct N o. 52.— Sunday
labor— Railroads.
S ection 1. Section 2122 of the Civil Code of Laws of 1902 of South Carolina [shall]
be amended * * * so that said section shall read as follows:
Sec. 2122. Said corporations or persons may run on Sundays trains laden exclu
sively with vegetables and fruits; and on said day, in any and every month, their
regular mail trains and such construction trains as may be rendered necessary by
extraordinary emergencies other than those incident to freight or passenger traffic,
and such freight trains as may be in transit which can reach their destination by six
o’ clock in the forenoon: Provided, That the railroad commissioners shall have the
power (upon proper application made to them for the purpose by the officers of the
church or religious denominations in charge of the place where such services are to
be held) to authorize and permit the running of trains on any Sunday in the year
for the transporting of passengers to and from religious services: Provided, The appli
cation for the permit and the authority granted must both be in writing and made a
part of the records of said railroad commissioners.
Approved the 21st day of February, A. D. 1903.
A ct N o. 70.— Convict labor.
S ection 1. Section 77, Criminal Code of South Carolina, Vol. 2, * * * is hereby
amended * * * so that said section * * * shall read as follows:
Sec. 77. In every case in which imprisonment is provided as punishment, in whole
or in part, for any crime, such imprisonment shall be either in the penitentiary,
with or without hard labor, or in county jail, with or without hard labor, at the dis
cretion of the circuit judge pronouncing the sentence: Provided, That all able-bodied
male convicts, whose sentences 3hall not be for a longer period than ten years, except
persons convicted of assault with intent to rape, shall be sentenced to hard labor
upon the public works of the county in which such convict shall have been con
LABOR LAWS— SOUTH CAROLINA---- ACTS OK 1903.
1385
victed, and in the alternative to imprisonment in the county jail or State penitentiary
at hard labor.
Approved the 23rd day of February, A. D. 1903.
A ct
No. 74.—Employment of children.
S ection 1. From and after the first day of May, 1903, no child under the age of ten
years shall be employed in any factory, mine or textile manufacturing establishment
of this State; and from and after the first day of May, 1904, no child under the age
of eleven shall be employed in any factory, mine or textile establishment of this
State; from and after the first day of May, 1905, no child under the age of twelve
years shall be employed in any factory, mine or textile establishment of this State,
except as hereinafter provided.
Sec. 2. From and after May first, 1903, no child under the age of twelve years shall
be permitted to work between the hours of 8 o’ clock p. m. and 6 o'clock in the
morning in any factory, mine or textile manufactory of this State: Provided, That
children under the age of twelve, whose employment is permissible, under the pro
visions of this act, may be permitted to work after the hour of 8 p. m. in order to
make up lost time, which has occurred from some temporary shut down of the mill,
on account of accident or breakdown in the machinery, which has caused loss of
time: Provided, however, That under no circumstances shall a child below the age of
twelve work later than the hour of 9 p. m.
Sec. 3. Children of a widowed mother and the children of a totally disabled father,
who are dependent upon their own labor for their support, and orphan children who
are dependent upon their own labor for their support, may be permitted to work in
textile establishments of this State for the purposes of earning their support: Provided,
That in the case of a child or children of a widowed mother or of a totally disabled
father, the said mother or the said father, and in case of orphan children, the guar
dian of said children or person standing, in loco parentis of said child or children,
shall furnish to any of the persons named in section 4 of this act an affidavit duly
sworn to by him or her before some magistrate or clerk of court of the county in
which he or she resides, stating that he or she is unable to support the said children,
and that the said children are dependent upon their own labor for their support,
then, and in that case, the said child or children of the said widowed mother and
the said disabled father and said orphan children shall not be affected b y the prohi
bitions of section 1 of this act; and filing of said affidavit shall be full justification for
their employment: Provided, further, That the officer before u horn the said affidavit
shall be subscribed shall indorse upon the back thereof his approval and his consent
to the employment of said child or children. A ny person who shall swear falsely to
the facts set forth in said acts shall be guilty of perjury and shall be indictable as
provided bylaw s Provided, further, That the employment of said child or children
shall be subject to the hours of labor herein limited.
S ec . 4. A ny owner, superintendent, manager or overseer of any factory, mine or
textile manufacturing establishment, or any other person in charge thereof or con
nected therewith, who shall knowingly employ any child contrary to the provisions
of this act, shall be guilty of a misdemeanor, and for every such offense shall, upon
conviction thereof, be fined not less than ten dollars nor more than fifty dollars, or
be imprisoned not longer than thirty days, at the discretion of the court.
Sec. 5. Any parent, guardian or other person having under his or her control any
child, who consents, suffers or permits the employment of his or her child or ward
under the ages as above provided, or who knowingly or willfully misrepresents the
age of sfich child or ward to any of the persons named in section 4 of this act, in
order to obtain employment for such child or ward, shall be deemed guilty of a mis
demeanor, and for every such offense shall, upon conviction thereof, be fined not
less than ten dollars nor more than fifty dollars, or be imprisoned not longer than
thirty days, in the discretion of the court.
Sec. 6. A ny parent, guardian or person standing in loco parentis, who shall furnish
to the persons named in section 4 of this act a certificate that their child or ward has
attended school for not less than four months during the current school year, and
that said child or children can read and write, may be permitted to obtain employ
ment for such child or children in any of the textile establishments of this State dur
ing the months of June, July and August, and the employment of such child or chil
dren during the said months upon the proper certificate that such child or children
have attended school as aforesaid, shall not be in conflict with the provisions of this
act.
Sec. 7. In the employment of any child under the age of twelve years in any fac
tory, mine or textile manufacturing establishment, the owner or superintendent of
1386
BULLETIN OP THE BUREAU OP LABOB.
such factory, mine or textile manufacturing establishment shall require of the parent,
guardian or person standing in loco parentis of such child, an affidavit giving the age
of such child, w hich affidavit shall be placed on file in the office of the employer;
and any person knowingly furnishing a false statement of the age of such child shall
be guilty of a misdemeanor, and for every such offense shall, upon conviction, be
fined not less than ten dollars nor more than fifty dollars, or be imprisoned not longer
than thirty days, in the discretion of the court.
Approved the 13th day of February, A. D. 1903.
VIR GIN IA.
ACTS OF 1902-3—E X T R A SESSION.
C h a p t e r 148.— Employment offices.
S ectio n 130. A n y person w ho hires or contracts with laborers, male or female, to
be employed b y persons other than himself, shall be deemed to be a labor agent;
and no person shall engage in such business without having first obtained a license
therefor. Every person w ho shall without a license conduct business as a labor
agent shall pay a fine of not less than one hundred dollars nor more than five hun
dred dollars.
Sec. 131. Every person who engages in the business of a labor agent shall pay
twenty-five dollars for the purpose of transacting said business; but before any sucn
license shall be issued, the applicant shall produce a certificate from the corporation
court of the city, or the circuit court of the county in which such labor agent pro
poses to have his office, or of the county in which he proposes to do business, that to
the personal knowlege o f the judge of such court, or from the information of credible
witnesses under oath before such court, the court is satisfied that the applicant is a
person of good character and honest demeanor.
Approved April 16, 1903.
C h a p t e r 156.— Employment
of children—Age limit—Night work,
1. No child under the age of fourteen years and over twelve years of age shall be
employed in any manufacturing, mechanical, or mining operations in this Common
wealth to work between the hours of six o’ clock post-meridian and seven o ’ clock
ante-meridian; and no child under the age of twelve years shall be employed in any
manufacturing, mechanical, or mining operation in this Commonwealth; and any
owner, agent, superintendent, overseer, foreman, or manager of any manufacturing,
mechanical, or mining operation w ho shall knowingly employ, or permit to be
employed, in the operation of w hich he is owner, agent, superintendent, overseer,
foreman, or manager any child contrary to the provisions of this act, and any parent
or guardian w ho allows or consents to such employment of his child or ward, shall,
upon conviction of such offense, be fined not less than twenty-five dollars nor more
than one hundred dollars.
2. This act shall be in force on and from January first, nineteen hundred and four.
Approved April 16,1903.
C h a p t e r 187.— Trade marks of trade unions,
1. Whenever any person, firm, corporation, or any association or union of work
ingmen 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 oi desig
nating, making known, or distinguishing any goods, wares, merchandise, or other
product of labor, as having been made, manufactured, produced, prepared, packed
or put on sale b y such person, firm or corporation, or association or union of work
ingmen, by a member or members of such association or union, and has filed the
same for registry as hereinafter provided, 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.
2. W hoever counterfeits or imitates any such registered label, trade mark, term,
design, device, or form of advertisement, or knowingly and with intent to deceive,
sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of
any such registered label, trade mark, term, design, device, or form of advertisement,
or knowingly and with intent to deceive, keeps or has in his possession, with the
intent that the same shall be sold or disposed of, any goods, wares, merchandise, or
LABOR LAWS— VIRGINIA--- ACTS OF 1902-3.
1387
other product of labor to which, or on which, any such counterfeit or imitation is
printed, painted, stamped or impressed, or knowingly and with intent to deceive,
knowingly sells or disposes of any goods, wares, merchandise 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 knowingly and with intent to deceive, 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 which, any such
counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed,
shall be punished b y a fine of not more than one hundred dollars, or b y imprison
ment for not more than three months. A ll such applications for registry shall be
made on forms prescribed by the secretary of the Commonwealth, and any person
applying to the secretary of the Commonwealth for a certificate of registry of any
label, trade mark, term, design, device or form of advertisement, shall furnish to the
said secretary a copy, fac-simile, or counterpart thereof.
3. Every such person, firm, corporation, association or union that has hereto
fore adopted or used, or shall hereafter adopt or use a label, trade mark, term, design,
device, or form of advertisement, as provided in section one of this act, may file
the same for registry in the office of the secretary of the Commonwealth by leav
ing six copies, counterparts, or fac-similes thereof with the said secretary, and b y
filing herewith a sworn application, specifying (1) the name or names of the person,
firm, corporation, association or union, on whose behalf such label, trade mark, term,
design, device or form of advertisement shall be filed; (2), the class of merchandise
and the description of the goods to which it has been, or is intended to be appropri
ated, 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 a right to use the same;
(3), 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 (4), that the fac-simile or counterparts filed therewith are
true and correct. There shall be paid for such filing and registry to the secretary of
the Commonwealth a fee of two dollars and fifty cents. Said secretary shall deliver
to such person, firm, corporation, 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 registry of the same as such person, firm, cor
poration, association, or union may apply for, for each of which certificates said sec
retary shall receive a fee of tw o dollars and fifty cents. A ny such certificate of
registry shall in all suits and prosecutions under this act be sufficient proof of the adap
tion and registry of such label, trade mark, term, design, device, or form of advertise
ment. Said secretary of the Commonwealth shall not record for any person, firm,
corporation, 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, device, or form of advertisement heretofore filed by or op behalf of any other
person, firm, corporation, union or association.
4. A ny person who shall for himself, or on behalf of any other person, firm, cor
poration, association, or union, procure the filing and registry of any label, trade
mark, term, design, or form of advertisement in the office of the secretary of the
Commonwealth, under the provisions of this act, by making any false or fraudulent
representations or declaration, verbally, or in writing, or b y any fraudulent means,
shall be liable to pay any damages, sustained in consequence o f any such filing, to
be recovered by or on benalf of the party injured thereby, in any court having juris
diction, and shall be punished b y a fine not exceeding one hundred dollars, or by
imprisonment not exceeding three months.
5. Every such person, firm, corporation, association, or union which has adopted
and registered a label, trade mark, term, design, device, or form of advertisement as
aforesaid, may proceed b y suit to enjoin the manufacture, use, display, or sale of any
counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant
injunctions to restrain such manufacture, use, display, or sale, as may be b y the said
court deemed just and reasonable, and shall require the defendants to pay to such
person, firm, corporation, association, or union, all profits derived from such wrong
ful manufacture, use, display, or sale; and such court shall also order that any su m
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.
6. Every person who shall use or display the genuine registered label, trade mark,
term, design, device, or form of advertisement, of any such person, firm, corporation,
association, or union in any manner, not being authorized so to do b y such person,
firm, corporation, union, or association, shall be deemed guilty of a misdemeanor,
1388
BULLETIN OF THE BUKEAU OF LABOK.
and shall be punished by imprisonment for not more than three months, or by a fine
of not more than one hundred dollars. 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 association or union, on behalf of, and for the use of such asso
ciation or union.
7.
A ny person, or persons, who shall in any way use the name or seal of any such
person, firm, corporation, association, or union, or officer thereof, in and about the
sale of goods, or otherwise, not being authorized to so use the same, shall be guilty
of a misdemeanor, and shall be punishable by imprisonment for not more than three
months, or by a fine of not more than one hundred dollars.
Approved April 30, 1903.
C h a p t e r 201. —Convict labor.
1. Sections * * * forty-one hundred and thirty-three * * * forty-one
hundred and seventy-two and forty-one hundred and seventy-three of the Code of
Virginia [shall] be amended and re-enacted so as to read as follows:
Sec. 4133. The superintendent shall have authority to furnish to any county in
the State, upon the requisition of the board of supervisors of such county, approved
by the judge of the county or circuit court, convicts whose term of service, at the
time of the application for them, does not exceed five years, to work on the county
roads, under such regulations as the board of supervisors may prescribe in conform
ity with this chapter, and on such conditions as to safe-keeping as the superintend
ent and said board may agree upon: Provided, That if the supervisors shall deem it
best that the convicts furnished be employed on any turnpike or macadamized road
in their county, the said board may so employ them, or arrange for their employ
ment on such road with the company authorized to construct the same.
Sec. 4172. The superintendent, by and with the advice and consent of the board,
may enter into contracts for the employment of convicts in the penitentiary, not
otherwise employed, and, as fas [far] as practicable, confine such convict labor to
manufacturing purposes. Additional shops‘ may be erected by the contractors, in
the penitentiary grounds, for the employment of the convicts so hired: Provided,
That the State shall not incur any expense thereby.
Sec. 4173. The superintendent, with the consent and advice of the board, may
establish a system of tasking the convicts in the different wards of the penitentiary,
when it can be done, and allow to any convict a reasonable compensation for work
done beyond his task, which shall be placed to his credit, 'and paid to him when
he is discharged from prison; or, if he request that a portion, or all of it, be paid
to his family, or near relatives, the superintendent may do so at any time dur
ing his imprisonment; or, if he so desire, it may be paid to him, from time to time,
in provisions or other articles selected from a standing list, to be prepared by the
superintendent, and approved by the board, said articles to be purchased by the
superintendent, as provided in section forty-one hundred and sixty-two, and charged
to the convicts at cost. The amount to be allowed for work done shall be fixed by
the superintendent, with the approval of the board.
Approved May 5, 1903.
C h a p t e r 218.— Protection
of employees on street railways—Inclosed platforms.
1. An act to amend and reenact an act entitled an act to require city and street
railway companies to run vestibuled fronts on all cars run on their lines during the
months of December, January, February, and March of each year, approved Decem
ber twenty-fourth, eighteen hundred and ninety-nine, [shall] be amended and
reenacted as follows:
Sec. 1. A ll urban, interurban, and suburban electric railway companies [shall] be,
and they are hereby, required to use vestibuled fronts on all motor cars rim, operated
or transported by them on their lines during the months of November, December,
January, February, March, and April of each year: Provided, That such vestibuled
fronts need not be used on open summer cars run, operated or transported b y them,
during the months of November and April, and provided, that said companies shall
not be required to close the sides of said vestibules, and any such company refusing
or failing to com ply with said requirement shall be subject to a fine of not less than
ten dollars nor m ore than one hundred dollars for each offense.
Approved May 13, 1903.
INDEX
Agreements between em ployers and employees:
Page.
Bituminous coal m m ing........................................................................................... 132-135,1049-1063
Blacksm ithing............................................................................................................ ............ 1335,1336
B ricklaying and hod carryin g................................................................................ ............
1337
B ricklaying and stonew orking.............................................................................. ............
903-909
Bridge and structural-iron w orkin g...................................................................... ............ 1322-1327
Building trades.......................................................................................................... ............ 1312,1313
Carpentering............................................................................................................. ............ 1045-1049
Clothing trades.......................................................................................................... ............ 1328,1329
Grain handling.......................................................................................................... ............ 1337-1339
M anufacturing.......................................................................................................... ............ 1316-1318
Metal trades............................................................................................................... ............ 1339,1340
Plastering..................................... : ............................................................................. ............ 1329-1335
Transportation, Great Lakes................................................................................... . ............ 1319-1322
Typesetting................................................................................ j ............................. . .......... .* 1313-1316
Anthracite Coal Strike Commission, report of:
Accidents and death rate per 1,000 in Great Britain and Irelan d...................... . ............
457
Accidents, fatal, per 1,000 em ployees in coal m ining............................................. ............
454-456
Accidents per 1,000 o f railway em ployees.............................................................. ............
456
445 44fi
Annual shipments from the coal regions, 1820-1901...............................................
Answers of coal-m ine operators................................................................................ ” *467*468,522^-597
Anthracite coal-carrying companies and the affiliated coal-m ining companies. ............
681-683
Anthracite coal-m ine operators, answers o f .......................................................... .. 467,468,522-597
Anthracite coal region and its production............................................................ . ............
443-448
Arbitration and conciliation.................................................................................... ............
488-490
Award o f the Commission in relation to—
agreement w ith union..................................................................................................
493,494
check weighm en and check-docking bosses..............................................................
495
direct payment to laborers........................................................................................ .
505
discrim ination, lawlessness, boycotting, and blacklisting.......................................
505
distribution and variation in size o f m ine ca rs.........................................................
496,497
firem en...........................................................................................................................
479
higher wages for contract m iners................................................................................
477
hoisting engineers and other engineers and pumpmen...........................................
479
payment by w eight.......................................................................................................
486
reduction o f hours of la b or..........................................................................................
479,482
sliding s ca le ....................................................................................................... .*........
498
Awards o f the Commission, life and condition o f...............................................................
505
Awards of the Commission, recapitulation o f......................................................................
506-509
B oycotting and blacklisting..................................................................................................
498-505
Boys in the u n io n ...................................................................................................................
491
Breaker starts, hours per day in operation, and equivalent in ten-hour days, for each
com pany and c o llie ry .........................................................................................................
615-617
Breaker tim e, average............................................................................................................
480,481
Check weighm en and check-docking bosses in coal m ines...............................................
494,495
Children, em ploym ent o f.......................................................................................................
510
Churches and schools.............................................................................................................
562,563
Coal-carrying companies, ownership o f mines b y ..............................................................
448
Compulsory investigation and p u blicity.................................................................... 510-513,669-677
C onciliation and arbitration.............................................................................................
488-490
Constitution o f United Mine Workers of A m erica.................................................... 491,492,629-640
Cost of livin g in coal reg ion ..................................................................................................
472,473
Cost o f opening a colliery.......................................................................................................
453
Counsel, list o f........................................................................................................................
517,518
Delaware and Hudson C om pan yanswer of, to Com m ission............................................................................................ 522-528
average annual earnings, average days worked, and average daily rates o f pay
o f com pany employees, by occu pation s.................................................................
610-612
breaker starts, hours per day in operation, and equivalent in ten-hour days for
each colliery...............................................................................................................
615,616
sizes o f m ine cars..........................................................................................................
621
Delaware, Lackawanna and Western Railroad C om pan yannual and average daily earnings o f contract miners, and days miners worked,
classified by annual earnings...................................................................................
605
answer of, to Commission.............................................................................................
528-534
average annual earnings, average days worked, and average daily rates of pay
of com pany employees, by occupations...................................................................
608
breaker starts, hours per day in operation, and equivalent in ten-hour days for
each colliery...............................................................................................................
616
sizes of m ine cars..........................................................................................................
621
150—No. 49—03---- 17
1389
1390
INDEX.
Anthracite Coal Strike Commission, report of—Continued.
Demand for—
agreement w ith United M ine Workers of A m erica..................................................
higher wages for contract m in ers..............................................................................
reduction m hours o f lab or................................... ......................................................
Demands o f nonunion m ine w orkers...................................................................................
Demands o f union m ine w orkers........................>.................................................................
Demands o f the m ine workers...............................................................................................
Destination o f coal...................................................................................................................
Direct paym ent to laborers....................................................................................................
Discrim ination, lawlessness, boycotting, and blacklistin g...............................................
Documents relating to collective bargaining and trade agreements:
extract from an address on “ Labor issues in the building trades,” by W illiam H.
Sayward, secretary o f the N ational Association o f Builders................................
extract from paper by Thomas Armstrong, president Philadelphia Builders’
Exchange, read before N ational Association o f Builders.....................................
join t conciliation com m ittees recom m ended by the N ational Association of
B uilders......................................................................................................................
letters of M. J. Lowenstein and S. E. Morss, o f Am erican Newspaper Publishers’
A ssociation.................................................................................................................
list o f em ployers m aking trade agreements w ith trade unions..............................
trade agreements between Am erican Newspaper Publishers’ Association and
International Typographical U nion........................................................................
Duration o f life o f coal supply.............................................................. t...............................
Earnings o f contract miners and of em ployees paid by day, week, or m onth...............
Employment of children.........................................................................................................
Enforcem ent o f law and protection o f property.................................................................
Findings of the Commission..................................................................................................
Food, cost of leading articles of, in anthracite coal region o f Pennsylvania, 1898 to 1902.
General recom m endations o f the Commission....................................................................
Hazardous nature o f anthracite m ining..............................................................................
H illside Coal and Iron C om pan yannual and average daily earnings of contract miners, and days miners worked,
classified by annual earnings...................................................................................
answer of, to Commission.............................................................................................
average annual earnings, average days worked, and average daily rates o f pay
of company em ployees, by occupations...................................................................
breaker starts, hours per day in operation, and equivalent in ten-hour days for
each colliery................................................................................................................
History and causes o f the strike o f 1902................................ : ..............................................
v History of the appointm ent o f the Commission:
action o f m ine workers’ convention relative to subm ission...................................
independent operators, list o f.....................................................................................
letter o f John M itchell to the President.....................................................................
operators’ letter relative to submission......................................................................
President’s appointm ent o f the Commission..............................................................
telegram o f the President to John M itchell................................................................
Hours of labor in and around coal m ines, demand for reduction in ................................
Hours per day in operation and equivalent in ten-hour days for each com pany..........
Independent coal operators o f Lackawanna and W yom ing region, answer of, to Com
mission ..................................................................................................................................
Independent department o f anthracite m ine workers.......................................................
Investigation and publicity as opposed to com pulsory arbitration (paper read by
Charles Francis Adam s)......................................................................................................
Labor in and around coal m ines, classification o f ..............................................................
Law of March 30,1875, and o f June 13,1883, Pennsylvania...............................................
Lawlessness...............................................................................................................................
Lehigh and W ilkesbarre Coal Company—
annual and average daily earnings o f contract miners, and days m iners worked,
classified by annual earnings...................................................................................
answer of, to Com m ission............................................................................................
average annual and daily earnings o f contract m iners w orking throughout the
year 1901, and days miners worked, for each colliery............................................
breaker starts, hours per day in operation, and equivalent in ten-hour days for
each colliery................................................................................................................
sizes o f m ine ca rs...........................................................................................................
Lehigh Coal and N avigation Company—
answer of, to Commission.............................................................................................
value o f property owned by em ployees o f .................................................................
wages o f em ployees o f ...................................................................................................
Lehigh V alley Coal Company—
annual and average daily earnings o f contract m iners, and days miners worked,
classified b y .annual earnings....................................................................................
answer, of, j-to.-Commission............................................................................................
average, annual and daily ^earnings o f contract m iners w orking throughout the
year l901„ and days m iners-wqrked, for each co llie ry ..........................................
breaker starts, hours per.day in, operation,.and equivalent in ten-hour days for
each colliery............................................. ’....... .,...... . .
....................................
sizes o f m ine ca rs..... ........................................................ . . . . . . .............................
L ife and conditions o f awards-made>b yth e. Com m ission............ . .«.. . . . . . . . . . . .............
List o f Counsel.......................................................................................... ....... . . . . . . . . . . . . . . . .
Losses fronithft strik e .............................................................................................................
Market condition s............................................................................................... ...................
M arkle, G. B .^ .C o answer of, to C om m ission...........................................................................................
earnings o f contract m iners.........................................................................................
extract from report o f Pennsylvania bureau o f m ines.............................................
extracts from report of m eeting at Jeddo schoolh ouse............................................
form o f contract w ith em ployees, w ith arbitration clause.......................................
form o f lease o f com pany houses................................................................................
Page.
486-494
468-477
483-486
478-482
520-522
518-520
465-467
498-505
657-659
655-651
660, m
661-664
665
661-664
447,448
601-612
510
509,510
468-513
625,626
509-513
453-457
606
540
609
617
457-463
439
441,442
439
437,438
440
438
478-482
615-617
591-597
492,493
669-677
478
483,484
498-505
604
548-550
603
617
622
554-566
562
561,562
604
544-548
603
616
622
505
017,618
468
^
4434
567-59P
589
589
587-589
590
589,590
INDEX.
1391
Anthracite Coal Strike Commission, report of—Concluded.
Page.
Methods of payment and explanation of wage statem ents............................................... 601-603
Mine cars, distribution o f............................................. - ........................................................ 495,496
Mine cars, sizes o f ......................................................................................................... 496,497,621,622
N onunion and union men, rights o f..................................................................................... 490,491
520-522
Nonunion m ine workers, demands o f .................................................................................
Overt acts o f m iners...............................................................................................................
563-566
Parties to the hearings before the Commission...................................................................
517
Payment by weight, demand for, by coal m in ers.............................................................. 483-486
Pennsylvania Coal Company—
answer of, to Commission.............................................................................................
534-540
average annual earnings, average days worked, and average daily rates of pay
o f com pany employees, by occupations...................................................................
610
breaker starts, hours per day in operation, and equivalent in 10-hour days for
each colliery...............................................................................................................
617
Philadelphia and Reading Coal and Iron C om pan yannual and average daily earnings o f contract miners, and days miners worked,
classified by annual earnings...................................................................................
605
answer of, to Commission.............................................................................................
550-554
average annual earnings, average days worked, and average daily rates o f pay
of com pany em ployees, by occupations...................................................................
607
breaker starts, hours per day in operation, and equivalent in 10-hour days for
each colliery...............................................................................................................
615
sizes o f m ine cars..........................................................................................................
622
Population and hom e ownership..........................................................................................
469,470
Prices, average, f. o. b., o f anthracite coal, New Y ork Harbor........................
451,452
Production o f coa l...................................................................................................................
448
Proposed b ill providing for com pulsory investigation and publicity..............................
669-677
Proposed plan for an organization for the execution o f trade agreements....................
653-665
R ecapitulation o f awards made by Commission.................................................................
506-509
Replies of presidents o f coal companies to letter of John M itchell requesting a join t
conference.............................................................................*..............................................
643-64»
Report o f the Commission............................................................................................
437-683
Riots, assaults, and other overt acts o f strikers................................................................... 563-566
School attendance...................................................................................................................
471
School population and facilities............................................................................................
472
Scranton Coal C om pan yannual and average daily earnings o f contract miners, and days m iners worked,
classified by annual earnings...................................................................................
606
breaker starts, hours per day in operation, and equivalent in 10-hour days for
each colliery ...............................................................................................................
617
sizes o f m ine cars...........................................................................................................
621
Scranton Coal Company and Elk H ill Coal and Iron Company, answer of, to Commis
sion ........................................................................................................................................
540-544
Shipment o f various sizes of co a l..........................................................................................
451
Shipments, annual, from the coal regions, 1820-1901 .........................................................
445,446
Sizes o f anthracite co a l..........................................................................................................
449,450
Sliding scale............................................................................................................................
497,498
Strike o f 1902, history and causes o f....................................................................................... 457-463
Summary o f answers o f operators........................................................................................
467,468
Tem ple Iron C om pan yaverage annual earnings, average days worked, and average daily rates of pay
o f com pany employees, by occupations.................................................................
607,608
breaker starts, hours per day in operation, and equivalent in 10-hour days for
each colliery...............................................................................................................
617
sizes of m ine cars..........................................................................................................
621
655-665
Trade agreements and collective bargaining, docum ents relating to ............................
Trade agreements, proposed plan for an organization for the execution o f...................
653-665
Union and nonunion men, rights o f............... . ...................................................................
490,491
Union m ine workers, demands o f ........................................................................................
518-520
United M ine Workers of A m erica character o f....................................................................................................................
486-488
constitution of National U nion......................................................................... 491,492,629-640
Value of property owned by em ployees of Lehigh Coal and N avigation Company.......
562
Wages of contract m iners.......................................................................................................
473-477
Wages o f day men and boys in and around coal m ines.....................................................
481,482
Wages of employees o f Lehigh Coal and Navigation Company........................................
661,562
W ork of the Commission......................................................................................................... 463-465
Arbitration and conciliation. ( S e e Conciliation and arbitration.)
Child labor:
Great B ritain ........................................................................................................................... 1098,1099
Ita ly ............................................................................................
152,153
Conciliation act of 1896, report of proceedings under, 1901—G reatTM tain..............................
368-370
C onciliation and arbitration:
France, 1901 ............................................................................................................................. 1090-1092
Great Britain, 1897 to 1901.......................................................................................................
1097
C onciliation and arbitration act, industrial, of New Zealand.................................................... 1282-1311
Cooperative societies, workm en’s, in the United K ingdom .........................................................
931-934
Cost of leading articles o f food in anthracite coal region o f Pennsylvania, 1898 to 1902..........
625,626
Cost o f living in anthracite coal region..........................................................................................
472,473
Cost o f livin g in the United States.................................................................................................. 1137-1141
Course o f wholesale prices, 1890 to 1902............................................................................................ 203-356
Decisions of courts affecting labor:
Assignment of future wages—constitutionality of statute................................................
935-937
Assignment o f wages—payment in scrip—constitutionality o f statute.............................
937,938
Boycotting—associations to regulate prices—in ju n ction .................................................. 1360-1363
Boycotting—freedom of speech and of the press.................................................................
157-159
Combinations unlaw ful.........................................................................................................
159-162
Contract of em ploym ent—injunction against v iolation ....................................................
159-162
1392
INDEX,
Decisions o f courts affecting labor—Concluded.
Page.
Covenants in restraint o f trade.............................................................................................
159-162
Discharge o f em ployee—acceptance o f wages due—accord and satisfaction...................
961
Eight-hour law—contracts for work in Alaska—army regulations—contracts with
m echanics.............................................................................................................................
163
Eight-hour law—freedom o f contract—m unicipal corporations—constitutionality o f
statute...................................................................................................................................
941-945
Employer and em ployee—em ployees o f contractors—duty to keep appliances in safe
con d ition .......................
1372
Employers’ lia b ility constitutionality o f statute.......................................................................................... 1363,1364
danger from striking em ployees.................................................................................. 1372,1373
em ploym ent of children—contributory negligence.................................................. 1100,1101
failure to perform statutory duties—mine regulations............................................. 1364-1366
injury received w hile outside lin e o f duty—negligence..........................................
1101
proxim ate cau se............................................................................................................
165-167
railroad company—contract w ith relief department—effect o f statutory recovery. 164,165
railroad company—contributory negligence—line of d u ty .....................................
380,381
railroad company—disobedience of rules—contributory negligence...................... 1373,1374
railroad company—duty of vice-principal—negligence............................................. 1101-1104
railroad company—extending statute beyond State boundaries—constitutionality
o f statute..................................................................................................................... 946,947
railroad companies—interstate tra ffic.............................................................. 165-171,947,948
railroad company—locom otive, what is—construction o f statute.............. 380,381,1366-1368
railroad company—nature of occupation as affecting measure o f damages—negli
gence ...........................................................................................................................
961,962
railroad company—operation o f railroad—construction o f statu te........................ 948-950
railroad company—relief department—release.........................................................1104,1105
railroad company—rules.................................................................................................1120-1123
railroad company—safe and suitable appliances—error in judgm ent................... 962-964
railroad com pany— safety appliances— assumption o f risk— construction of
statute.............................. 1.........................................................................................
950-952
railroad company—safety appliances—equipm ent—locom otive ten d er............... 1368,1369
railroad com pany—safety appliances—pleading statute—equipm ent....................
165-171
railroads—street railways—fellow-servant la w ............................................ 952,953,1105-1111
relations o f owner and contractor—acts o f third parties..........................................
953-957
statute o f lim itations—estoppel to p le a d ...................................................................
945,946
vice-principal—assumption o f risk—effect o f statu te............................................... 1369-1371
Employment o f women—hours o f labor—constitutionality of statute............................
171-173
Exam ination, etc., o f barbers—constitutionality o f statu te...................................... 957,1111-1113
Exem ption of wages from execution—necessaries—construction o f statute...................
1371
Garnishment o f wages—paym ent..........................................................................................
173,174
Hours o f labor...................................................................... , ................ 163,171-173,941-945,1114-1116
Injunction—
conspiracy—labor organizations.......................................... *...................................... 1374-1379
parties not in original b ill as defendants to rules—collateral attack—sufficient
notice—v io la tio n .......................................................................................................
387-390
p ick etin g .......................................................................................................................... 1124,1125
picketing—strik es.........................................................................................................
967-977
restraints on trade—boy cotts....................................................................................... 1360-1363
rights o f em ployers and em ployees—interference by third persons........................
383-387
violation o f contract o f em ploym ent.......................................................................... 159-162
Labor organizations....................................................................... 938-941,959,960,964-967,1374-1379
M echanics’ liens—effect o f debtors’ discharge in bankruptcy—contractor as p a rty ___
174
Minimum wage law—constitutionality of statute—m unicipal corporations.....................1116-1118
‘ ‘ Probable expectancies ” —rights of em ployers and em ployees....................................... 383-387
Protection o f em ployees as members o f labor organizations—constitutionality of
statute.............................................................
938-941
Seamen—assignment o f wages—penalty for delayed paym ent........................................
957-959
Street railways—hours o f labor—constitutionality o f statute..............................................1114-1116
Strikes, e t c ...................................................................... 157-159,383-390,967-977,1124,1125,1372-1379
U nion label on public printing—constitutionality of city ordinance—effect on con
tra ct.......................................................................................................................................
959,960
Wages as preferred claim s—bankruptcy—liens...................................................................
381-383
Wages, payment, etc., o f ........................................................... 173,174,381-383,935-938,961,1116-1120
W eekly wage law—police power—constitutionality o f statute............................................ 1118-1120
Digest o f recent foreign statistical publications:
Austria—
..
Die Arbeitseinstellungen und Aussperrungen in Osterreich wahrend des Jahres
1900 ...............................................................................................................................
141-146
Belgium—
Annuaire de la Legislation du Travail. 4° annee, 1900; 5®annee, 1901.................
368
Annuaire de la Legislation du Travail. 6®annee, 1902............................................
1355
Recensem ent general des Industries et des Metiers, 31 Octobre, 1896 ....................
921-929
Finland—
0
0
Industri-Statistik, 16.
Arl899. Industri-Statistik, 17. A rl900 .............................
929-931
Industri-Statistik, 17.
Ar 1900. Senaredelen.Fabriker och H andtverkerier...
146,147
France—
Annuaire des Syndicate P rofessionals, Industries, Comm erciaux et Agricoles,
constitues conform em ent k la L oi du 21 Mars, 1884, en France et aux Colo
n ie s.................................................................................................................. 147-149,1083-1086
Seconde EnquOte sur le Placem ent des Employes, des Ouvriers et des Domestiques........................................................................................................................... 1075-1083
Statistique des Graves et des Recours k la C onciliation et k 1’Arbitrage Survenus
Pendant 1’Annee 1901.................................................................................. 1086-1092
Germany—
Ernebung iiber die Arbeitszeit der Gehulfen und Lehrlinge in solchen Kom toren
des Handelsgewerbes und kaufm annischen Betrieben, die nicht m it offenen
Vertaraf&teuea verbimcten sipd.................... .......................................... , ........... 1355-13&8
INDEX
1393
Digest of recent foreign statistical publications—Concluded.
Page.
Great Britain—
Report from the Select Committee o f the House of Lords on Early Closing of
Shops, Session of 1901................................................................................................
1359
Report on Employment o f School Children, 1901-1902............................................. 1098,1099
Report on Strikes and Lockouts in the United Kingdom in 1901, and on Concilia
tion and Arbitration Boards, 1902............................................................................ 1092-1097
Report on Workmen’s Cooperative Societies in the United Kingdom , 1901..........
931-934
Third Report of Proceedings under the Conciliation (Trade Disputes) A.ct, 1896.. 368-370
Thirteenth and Fourteenth Reports on Trade Unions in Great Britain and Ire
land, 1900 and 1901.....................................................................................................
370-374
Hungary—
Die Fabriksindustrie des Konigreichs Ungam ..........................................................
149-152
Italy—
Relazione sulPapplicazione della legge 11 febbraio 1886, sul lavoro dei fanciulli
negli opifici industrial^ nelle cave e nelle m iniere, dal 1° gennaio 1899 al 31
dicem bre 1900.............................................................................................................. 152,153
Statistica degli Seioperi aw en u ti nell’Industria e nell’Agricoltura durante
l’anno 1900...................................................................................................................
374-379
O n ta rioSecond Report o f the Bureau of Labor of the Province of Ontario for the year
ending December 31,1901..........................................................................................
153,154
Sweden—
Undersokning af den m ekaniska verkstadsindustrien i Sverige.............................
154-156
Digest o f recent reports of State bureaus o f labor statistics:
California..................................................................................................................................
910,911
C olorado...................................................................................................................................
911-913
Connecticut.............................................................................................................................. 1341-1344
Kansas.................................................................................................
137
M aine........................................................................................................................................ 1344-1347
M assachusetts............................................................................................................ 357,358,1347-1351
M ich igan .................................................................................................................................. 137-140
M innesota..................................................................................................................
1064-1068
M issouri...................................................................................................................................
913-915
M ontana................................................................................................................................... 1351-1353
N ebraska.................................................................................................................................. 1353,1354
New H am pshire......................................................................................................................
359,360
New Y o rk ................................................................................................................................
916-918
North Dakota.............................. *...........................................................................................
1069
Pennsylvania...........................................................................................................................
360-364
Rhode Islan d...........................................................................................................................
364,365
W ashington..............................................................................................................................
918-920
West V irginia...........................................................................................................................
365-367
Employees in industrial establishments, by classified rates of wages. B elgium ......................
927
Employers and employees, agreements between. ( S ee Agreements between em ployers and
em ployees.)
Employment agencies in F ran ce.................................................................................................... 1075-1083
Factory and hand-working industries o f Finland........................................................................
146,147
Factory industries o f Hungary......................................................................................................... 149-152
Factory industries of Sweden..........................................................................................................
154-156
Factory sanitation and labor protection........................................................................................
1-131
Farm colonies of the Salvation A rm y ............................................................................................ 983-1005
625,626
Food, cost of leading articles of, in anthracite coal region o f Pennsylvania, 1898 to 1902.......
Hand-working and factory industries o f F inlan d........................................................................
146,147
Hawaii, report of Commissioner o f Labor on:
Arrivals and departures of oriental immigrants since an nexation.................................. 784,785
Assessed valuation of real and personal property, 1901.....................................................
789
B uilding trades, white m echanics em ployed in 8 identical establishments in the,
1900-1901 and 1902.................................................................................................................
778
Contract cultivation and contractors...................................................................................
736-756
Cost o f living, and wages upon sugar plantations..............................................................
756-766
Cost o f production of sugar, and wages o f unskilled labor on sugar plantations, 1897
to 1901 ...................................................................................................................................
769
Departures and arrivals o f oriental im migrants since an n exation ..................................
784,785
Employees—
nationality of, occupations, and average wages and hours of labor in each
industry, 1900-1901 and 1902................................................................................... 800,856-895
nationality of, occupations, rates o f wages, and hours o f labor in each industry,
1902 .................................................................................................................... 798-800,802-855
num ber of, covered by the investigation, by industries..........................................
798,799
on sugar plantations, nationality of, 1892 to 1902 ......................................................
761
Employments, urban..............................................................................................................
777-784
Establishments, number of, covered by the investigation, by industries........................
798,799
F oodrelative prices of, 1890 to 1902................................................................................... 801,900-902
retail prices of, 1890 to 1902 ................................................................................ 800,801,896-900
History of penal labor contract.............................................................................................
689-697
Hours of labor, average, occupations, average wages, and nationality o f em ployees in
each industry, 1900-1901 and 1902................................................................................... 800,856-895
Hours of labor, occupations, rates o f wages, and nationality o f em ployees in each
industry, 1902.............................................................................................................. 798-800,802-855
Immigrants, oriental, arrivals and departures of, since annexation................................
784,785
Industries, m inor rural..........................................................................................................
772-776
Introduction............................................................................................................................. 686-689
Labor conditions in the isla n d s............................................................................................ 795-797
Labor conditions in the sugar industry in Hawaii, California, Texas, Louisiana, Cuba,
and Porto R ico......................................................................................................................
767-772
Labor contract, penal, history o f.............................
689-697
1394
INDEX,
Hawaii, report o f Commissioner o f Labor on—Concluded.
L a b ordistribution of, on sugar plantations, by groups o f occupations and nationality.
general conditions affecting........................................................................................
plantation, general conditions o f................................................................................
Page.
762
784-795
732-766
unskilled, wages of, and cost o f production o f sugar, on sugar plantations, i.897
to 1901 ..........................................................................................................................
769
M echanical occupations, persons engaged in, 1890,1896, and 1900, by nationalities___
787
M echanics, white, em ployed in eight identical establishments in the building trades,
1900-1901 and 1902..................................................................................................................
778
M ercantile establishments, nationality o f proprietors of, 1899,1901, and 1902, by kind
o f business.............................................................................................................................
788
N ationality, occupations, and average wages and hours o f labor of em ployees in each
industry, 1900-1901 and 1902 ............................................................................................ 800,856-895
N ationality, occupations, rates of wages, and hours o f labor o f em ployees in each
industiy, 1902 .............................................................................................................. 798-800,802-855
Nationality o f em ployees on sugar plantations, 1892 to 1902 .............................................
761
Nationality of proprietors o f m ercantile establishments, 1899,1901, and 1902, by kind
of business.............................................................................................................................
788
Occupations, average wages and hours o f labor, and nationality o f em ployees in each
industry, 1900-1901 and 1902............................................................................................. 800,856-895
787
Occupations, persons engaged in m echanical, 1890,1896, and 1900, by nationalities___
Occupations, rates of wages, hours o f labor, and nationality o f em ployees in each
industry, 1902 .............................................................................................................. 798-800,802-855
Orientals em ployed in skilled occupations on sugar plantations in 1902, classified by
average daily w ages............................................................................................................
731
Penal labor contract, history o f.............................................................................................
689-697
Prices—
relative, of food, 1890 to 1902..................................................................................... 801,900-902
retail, of food, 1890 to 1902 . . . . . . . ........................................................................ 800,801,896-900
792,793
Schools, public and private, in the islan ds.........................................................................
Strikes, by occupations, 1901 and 1902...................................................................................
791
S u g a rcost of production of, and wages o f unskilled labor on sugar plantations, 1897
to 1901...........................................................................................................................
769
tons of, produced in the islands from October 1,1892, to September 30,1902........
771
Sugar industry in Hawaii, California, Texas, Louisiana, Cuba, and Porto R ico, labor
conditions in the.......... ........................................................................................................
767-772
Sugar plantations—
Cost of production of sugar, and wages o f unskilled labor on, 1897 to 1901..........
769
distribution o f labor on, by groups o f occupations and nationality........................
762
nationality of em ployees on, 1892 to 1902....................................................................
761
orientals em ployed in skilled occupations on, in 1902, classified by average daily
wages...........................................................................................................................
731
wages and cost o f livin g u p on .....................................................................................
756-766
Sugar plantation la b o r average daily wages of various classes of, 1890 to 1902 .............................................
759
general conditions o f ....................................................................................................
732-766
Sugar plantation labor supply, present................................................................................
697-732
Taxpayers, number of, and assessed valuation o f real and personal property, 1901.......
789
Unions, labor, in the islands..................................................................................................
789,790
Urban em ploym ents................................................................................................................ 777-784
Valuation, assessed, o f real and personal property, and number o f taxpayers, 1901___
789
Wages and cost of livin g upon sugar plantations................................................................
756-766
Wages o f unskilled labor, and cost of production o f sugar on sugar plantations, 1897 to
1901.........................................................................................................................................
769
Wages, average daily, o f various classes of sugar plantation labor, 1890 to 1902..............
759
Wages, average, occupations, average hours of labor, and nationality in each indus
try, 1900-1901 and 1902 ...................................................................................................... 800,856-895
Wages, rates of, occupations, hours o f labor, and nationality o f em ployees in each
industry, 1902 .............................................................................................................. 798-800,802-855
Hours o f labor:
B elgium ....................................................................................................................................
925,926
G erm any.................................................................................................................................. 1355-1358
Great B ritain............................................................................................................................
1359
H a w a ii.....................................................................................................................................
802-895
Industrial conciliation and arbitration act of New Zealand....................................................... 1282-1311
Industries, census of, 1896—Belgium ...............................................................................................
921-929
Labor conditions in New Z ealan d .............................................................
1142-1281
Labor laws of New Zealand.............................................................................................................. 1257-1311
Labor protection and factory sanitation........................................................................................
1-131
Laws relating to labor:
A ccident insurance—South C arolina....................................................................................
1384
A lien contract labor—United States....................................................................................... 1132-1136
Aliens, em ploym ent of, on public works—New Y o rk .......................................................
415,416
Arbitration o f labor disputes—
M assachusetts................................................................................................................
412
U tah................................................................................................................................. 179,180
Badges o f labor organizations, unauthorized wearing of—M assachusetts......................
412
Bakeries, regulations, etc., of—
M assachusetts.........................................
411
New Jersey..................................................................................................................... 1381-1383
Barbers, exam ination, etc., of. ( S ee Exam ination, etc.)
Boards of arbitration, etc. ( S ee Arbitration o f labor disputes.)
Boilers, steam, low-water alarms for—O h io..................................
423
Buildings, protection o f em ployees on. ( S e e Protection, etc.)
IWDEX
Laws relating to labor—Continued.
Bureau of labor—
Iow a.................................................................................................................
K entucky.........................................................................................................
O h io.................................................................................................................
V irg in ia ..........................................................................................................
United States..................................................................................................
Bureau of statistics—U tah......................................................................................
California, labor laws o f..........................................................................................
Check weighm en. ( S ee W eighing coal at m ines.)
Children and wom en, em ploym ent of, hours of labor of—
Louisiana....................................................................................................... <.
M assachusetts................................................................................................
Rhode Islan d..................................................................................................
Children and women, em ploym ent of, in bar rooms—V erm ont.......................
Children and women, em ploym ent of, in mines—M aryland.............................
Children, em ploym ent of, age lim it for—
K entucky.........................................................................................................
M aryland.........................................................................................................
New Jersey.....................................................................................................
O h io.................................................................................................................
South C arolina...............................................................................................
V irgin ia ...........................................................................................................
Children, em ploym ent of, general provisions—
M assachusetts................................................................................................
New Jersey................................................................................................ .
O h io .................................................................................................................
Porto R ic o .......................................................................................................
Rhode Islan d ..................................................................................................
South Carolina.......................................................... *....................................
Children, em ploym ent of, in bar rooms—M ainland..... .....................................
Children, em ploym ent of, in certain occupations forbidden—West V irgin ia..
Children, night work b y Ohio .................................................................................................................
South Carolina................................................................................................
V irg in ia ..........................................................................................................
Chinese, exclusion, etc., of—United States..........................................................
Civil-service law—
New Y ork.........................................................................................................
O h io .................................................................................................................
Philippine Islands..........................................................................................
Coercion o f em ployees in trading, etc.—U tah ..................................................... .
Commissioner of Labor. ( S ee Bureau, etc.)
Company stores—Utah.............................................................................................
Conciliation, etc. ( S e e Arbitration, etc.)
Contracts o f em ploym ent—
G eorgia............................................................................................................
Porto R ic o ........................................................................................................
Convict la b o r South Carolina................................................................................................ .
V irg in ia ...........................................................................................................
Cooperative insurance—M aryland..........................................................................
Death, right of action for injuries causing. (S ee Injuries, etc.)
Deceased employees, payment o f wages due—G eorgia........................................
Department of Commerce and Labor—United States...........................................
District o f Columbia, labor laws o f .........................................................................
Drinking water for employees in factories—Massachusetts.................................
Earnings of married women—New Y o rk ...............................................................
Eight-hour law—
California..........................................................................................................
H awaii............................................................................................................. .
New Y ork..........................................................................................................
Porto R ic o ........................................................................................................
U tah..................................................................................................................
Eight-hour law, commission to prom ote adoption of—M assachusetts...............
Elevators. ( S e e Inspection o f factories.)
Emigrant agents—G eorgia......................................................................................
Employers’ liability. ( S ee L iability of em ployers.)
Em ploym ent, contracts of. ( S e e Contracts o f em ploym ent.)
Em ploym ent of aliens. (S e e Public works, etc.)
Employment of children. ( S e e Children, em ploym ent o f.)
Employment o f labor, deception in—C alifornia...................................................
Em ploym ent offices—
California..........................................................................................................
D istrict o f Colum bia........................................................................................
G eorgia.............................................................................................................
M aryland..........................................................................................................
O h io ..................................................................................................................
V irg in ia ............................................................................................................
West V irgin ia ..................................................................................................
W isconsin..........................................................................................................
Engineers, stationary, exam ination, etc., of—O h io .............................................
Exam ination, etc., o f barbers—
C alifornia..........................................................................................................
K entucky..........................................................................................................
Exam ination, etc., o f horseshoers—O h io...............................................................
Exam ination, etc., o f m ine inspectors—Iow a.........................................................
Exam ination, etc., o f operators o f passenger elevators—M innesota...................
1895
Page.
391
394,395
422,423
433
1130-1132
178,179
1126-1129
397
412
432
1129
405
394
410
1383
427
1385,1386
1386
410,411
1383
428,429
1385.1386
409,410
188
427
1385.1386
1386
201,202
414,415
430,431
979
177
177
176
1384,1385
1388
406-409
175,176
1130-1132
175
411
415
1127,1128
1380
417
982
177
413
175,1129
1128
1126,1127
175
175,1129
40ft
422,423
199-201
418-420
1128
395-397
424-426
391
1381
1396
INDEX.
Laws relating to labor—Continued.
Exam ination, etc., of plum bers—
Louisiana..........................................................
V irg in ia .......................................................... .
Exam ination, etc., of stationary engineers—Ohio.
Exem ption o f wages—
K entucky..................................................................................................
Exemptions from execution—V irginia............................................................
Factory regulations. ( S e e Inspection o f factories.)
Female employees, seats for. ( S e e Seats for fem ale em ployees.)
Fire escapes on factories, etc.—Io w a ..............................................................
Georgia, labor laws o f .......................................................................................
Hawaii, labor laws o f........................................................................................
Horseshoers, exam ination, etc., of—O hio.......................................................
Hours o f labor o f em ployees on street railways—
Louisiana..................................................................................................
Rhode Islan d ............................................................................................
Hours o f labor o f wom en and children—
Louisiana..................................................................................................
M assachusetts..........................................................................................
Rhode Islan d ............................................................................................
Hours o f labor on public works—
C alifornia..................................................................................................
H awaii.......................................................................................................
New Y ork..................................................................................................
Porto R ic o ................................................................................................
U tah..........................................................................................................
United States............................................................................................
Im migration—United States.............................................................................
Injuries causing death, right o f action for—
O h io..................................... .* ..................................................................
Porto R ic o .................................................................................................
Inspection o f factories, etc.—
Io w a ..........................................................................................................
M aryland..................................................................................................
Massachusetts...........................................................................................
O h io..........................................................................................................
Rhode Islan d ............................................................................................
West V irginia...........................................................................................
Inspection o f mines. ( S e e M ine regulations.)
Inspection o f steam boilers—O h io..................................................................
Inspector, railroads—O hio................................................................................
Inspectors, factory—
New Jersey.........................................................,....................................
W isconsin..................................................................................................
Insurance, accident—South Carolina.............................................................
Insurance, cooperative—M aryland.................................................................
Interference w ith contract o f em ploym ent—Georgia...................................
Intim idation of em ployees—Porto R ic o ........................................................
Iowa, labor laws o f ...........................................................................................
Kentucky, labor laws o f ...................................................................................
Labor, etc., board of—Utah................. ............................................................
Labor, bureau of. ( S e e Bureau, etc.)
Labor day—K entucky......................................................................................
Labor, em ploym ent of—C aliforn ia.................................................................
Labor organizations, etc., join t corporations of—New Y ork.......................
Labor organizations not unlawful—
C alifornia..................................................................................................
Porto R ic o ................................................................................................
Labor organizations, trade-marks of. ( S e e Trade-marks.)
Labor organizations, unauthorized wearing o f badges of—Massachusetts.
Labor, special laws regulating, forbidden—V irginia....................................
Laborers’ liens. ( S e e Liens, laborers.)
Leave o f absence o f veterans in public service—New Y o rk ...................... .
Liability o f em ployers for injuries to em ployees—
California..................................................................................................
M aryland..................................................................................................
New Y ork..................................................................................................
O h io......................................................................................................... .
Porto R ic o ................................................................................................
South Carolina..........................................................................................
V irginia......................................................
Liens, laborers’ , on lum ber—G eorgia..............
Liens, laborers’ , on railroads—Ohio.................
Liens, m echanics’—O hio...................................
Liquor, sale of, to em ployees—V erm ont.........
Louisiana, labor laws o f ...................................
M arried wom en, earnings of—New Y ork.......
M aryland, labor laws o f ...................................
Massachusetts, labor laws o f .............................
M echanics’ liens—O h io.....................................
Mine inspectors, exam ination, etc., of—Iowa
M ine regulations—
M aryland.......
O h io...............
U tah..............
West V irginia
United States
Page.
398
436
418-420
1380
394
434,435
175,176,1129
1380
424-426
...
...
398
432,433
397
412
432
... 1127,1128
1380
417
982
177
202
... 1132-1136
...
...
...
...
...
...
...
...
.. .
. ..
424
980-982
392,393
399
411
423,424
431,432
189
423
429,430
978,979
199
1384
406-409
176
982
391-393
394-397
179,180
394
1128
415
. . . 1128,1129
982
412
433
413
...
...
...
...
...
.. .
.. .
...
...
...
...
...
...
...
1128
406-409
417,418
420
980-982
1384
433-435
176
427,428
420-422
1129
397,398
415
399-410
410-413
420-422
391
391,392
400-406
420
180-186
189-195
202
INDEX,
1397
Laws relating to labor—Concluded.
Page.
Minnesota, labor laws o f ........................................................................................................
1381
New Jersey, labor laws o f ........................................................................................ 978,979,1381-1383
New York, labor laws o f......................................................................................................... 413-418
Ohio, labor laws o f..................................................................................................................
418-431
Passenger elevators, exam ination, etc., o f operators of—M innesota................................
1381
Payment o f wages due deceased em ployees—G eorgia.......................................................
175,176
Payment o f wages, m odes and times of—
H awaii............................................................................................................................
1380
K entucky.......................................................................................................................
397
M aryland.......................................................................................................................
410
Massachusetts.................................................................................................................
412,413
Verm ont......................................................................................................................... 1129,1130
Payment o f wages, suits for—New Y o rk ...................................... ......................................
416,417
Philippine Islands, labor laws o f ..........................................................................................
202,979
Plumbers, exam ination, etc., of. ( S e e Exam ination, etc.)
Porto R ico, labor laws o f........................................................................................................
980-982
Protection o f employees as voters—Porto R ico....................................................................
980
Protection o f em ployees on buildings—
California........................................................................................................................
1128
W isconsin.......................................................................................................................
198,199
Protection o f em ployees on street railways—
South Carolina...............................................................................................................
982
U tah.................................................................................................
177
V irginia...........................................................................................................................
1388
West V irginia.................................................................................................................
187,188
Protection o f miners—O hio............................................. *....................................................
420
Public works, em ploym ent of aliens on—
H awaii............................................................................................................................
1380
New Y ork....................................................................................................................... 415,416
Public works, preference o f residents for em ploym ent on—Porto R ico...........................
982
Railroad com panies, liability of, for injuries to employees. ( S e e Liability, etc.)
Railroad em ployees, negligence o f—New Jersey.................................................................
1383
Railroad trains, sufficient crew required on—O h io......................................................... 424,426,427
Railroads, safety appliances on—
O h io ................................................................................................................................
429,430
United States.................................................................................................................
1132
R elief societies, railroad—South C arolina...........................................................................
1384
Rhode Island, labor laws o f ..................................................................................................
431-433
Right o f action for injuries causing death. ( S ee Injuries, etc.)
Safety appliances on railroads. ( S e e Railroads.)
Sale o f liquor to em ployees—Verm ont..................................................................................
1129
Scaffolding. (S e e Protection of em ployees on buildings.)
Seats for fem ale em ployees:
California....................................
1127
W yom ing........................................................................................................................
201
Slave labor in the Philippine Islands—United States.........................................................
202
South Carolina, labor laws o f.......................................................................................... 982,1384-1386
Statistics, bureau of. (S e e Bureau, etc.)
Street railways, protection of em ployees on. (S ee Protection, etc.)
Strikes, free public em ploym ent offices not to furnish lists during—W isconsin............
200
Strikes o f railroad employees—New Jersey.........................................................................
1383
Sunday labor—South Carolina...............................................................................................
1384
Sweating system—
M aryland.......................................................................................................................
399
W isconsin....................................................................................................
195-197
Tenem ent manufactures. ( S ee Sweating system.)
Time to vote to be allow ed em ployees—Massachusetts.....................................................
411
Trade-marks o f trade unions, etc.—
New Y ork.......................................................................................................................
414
O h io................................................................................................................................
426
V irgin ia ......................................................................................................................... 1386-1388
West V irginia.................................................................................................................
186,187
Utah, labor laws o f .................................................................................................................
177-186
Vermont, labor laws o f............................................................................................................1129,1130
V irginia, labor laws o f............................................................................................... 433-436,1386-1388
Voters, protection o f em ployees as—Porto R ic o .................................................................
980
Voting, tim e for, to be allow ed em ployees—Massachusetts— -•.......................................
411
Wages, exem ption of—K entucky..........................................................................................
394
Wages, payment of. ( S e e Payment o f wages.)
Wages, suits for—New Y ork ..................................................................................................
416,417
Water for em ployees in factories—Massachusetts...............................................................
411
W eighing coal at mines—
M aryland........................................................................................................................ 401,402
West V irginia.................................................................................................................
189,190
West V irginia, labor laws o f ..................................................................................................
186-195
W isconsin, labor laws o f .........................................................................................................
195-201
W omen and children. ( S e e Children and wom en.)
W yom ing, labor laws o f .........................................................................................................
201
United States, labor laws o f ..................................................................................... 201,202,1130-1136
Laws relating to labor—New Z ealand............................................................................................ 1257-1311
Manufactures in Massachusetts, statistics of, 1901......................................................................... 1070-1074
M ining and m etal-working industries of F inlan d........................................................................
929-931
Negroes o f X enia, O h io.................................................................................................................... 1006-1044
New Zealand—
Industrial conciliation and arbitration act o f .................................................................... 1282-1311
Labor conditions in ................................................................................................................. 1142-1281
Labor laws o f ...........................................................................................................................
Prices, wholesale, course of, 1890 to 1902........................................................................................
203-356
1398
INDEX.
Pagei.
Salvation Arsoy* farm colonies o f....... ........ .................................................. ................................ 983-1005
Sanitation, factory* and labor protection.......................................................................................
1-131
Statistics o f cities-=rerrata.................................................................................. . ...... 136
Statistics o f m anufactures in Massachusetts, 1901....................................................... .
1070-1074
Strike of 1902, Anthracite Coal, report o f Commission on ................................... ........................
437-683
Strikes and lockouts:
Austria, 1900.................................................................................................. ... .....................
141-146
France, 1901................................... .................................................................... ................... 1086-1092
Great Britain and Ireland, 1901................................................................. , ......................... 1092-1097
Italy, 1900.....................................................................................................
374-379
Trade, industrial, com m ercial, and agricultural unions—-France
............ 147-149,1083-1086
Trade unions in Great Britain and Ireland, J9Q(Jaud 1901..........................................................
370-374
United Mine W orkers o f A m e rica Character o f ...................................................
486-488
Constitution o f N ational Union o f........................................................................................
629-640
Wages, rates of, in B elgiu m ............................................................................................................
926,927
Wages. ( S e e u n d e r Anthracite Coal Strike Commission, report of; Hawaii, report o f Com
m issioner o f Labor on .)
W holesale prices, course of, 1890 to 1902 ........................................................................................
203-356
Women and children, em ploym ent of—B elgium .........................................................................
924
Workmen’s cooperative societies in the United K ingdom ..........................................................
931-934
LEADING ARTICLES IN PAST NUMBERS OF THE BULLETIN,
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
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, by 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. W illoughby.
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 SteelWorks, by W . F. W illoughby.
6. Industrial communities: Familistere Society of Guise, b y W . F. W illoughby.
Cooperative distribution, by Edward W . Bemis, Ph. D.
7. Industrial communities: Various communities, b y W . F. Willoughby.
Rates 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.
Railway relief departments, by Em ory R. Johnson, Ph. I).
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. O. Ward.
13. The anthracite mine laborers, by G. O. Virtue, Ph. D.
14. The Negroes of Farmville, V a .: A social study, b y W . E. B. Du Bois, Ph. D.
Incomes, wages, and rents in Montreal, by Herbert Brown Ames, B. A.
15. Boarding homes and clubs for working women, by Mary S. Fergusson.
The trade-union label, b y 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. R. 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, b y Walter E. W eyl, Ph. D.
21. Pawnbroking in Europe and the United States, by W . R. 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. Du Bois, Ph. D.
Wages in Lyon, France, 1870 to 1896.
23. Attitude of w om en s clubs, etc., toward social economics, b y 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. W illoughby.
26. Protection of workmen in their employment, b y Stephen D. Fessenden.
Foreign labor laws: Belgium and Switzerland, b y W . F. Willoughby.
27. Wholesale prices: 1890 to 1899, b y Roland P. Falkner, Ph. D.
Foreign labor laws: Germany, by W. F. Willoughby.
No. 28. Voluntary conciliation and arbitration in Great Britain, by J. B. McPherson.
System of adjusting wages, etc., in certain rolling mills, by J. H . Nutt.
Foreign labor laws: Austria, by W . F. W illoughby.
No. 29. Trusts and industrial combinations, b y J. W . Jenks, Ph. D.
The Y ukon and Nome gold regions, by S. C. 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, b y W . F. W illoughby.
No. 31. Betterment of industrial conditions, b y V . H . Olmsted.
Present status of employers’ liability in the U. S., by S. D. Fessenden.
Condition of railway labor in Italy, b y Dr. Luigi Einaudi.
No. 32. Accidents to labor as regulated by law in the U. S., b y W. F. W illoughby.
Prices of commodities and rates of wages in Manila.
The Negroes of Sandy Spring, M d .: A social study, b y 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, b y
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, b y 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 M exico, by Walter E. Weyl, 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,
by 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.
No. 43. Report to the President on anthracite coal strike, b y Carroll D. Wright.
No. 44. Factory sanitation and labor protection, by C. F. W . Doehring, Ph. D.
No. 45. Course of wholesale prices, 1890 to 1902.
No. 46. Report of Anthracite Coal Strike Commission.
No. 47. Report of the Commissioner of Labor on Hawaii.
No. 48. Farm colonies of the Salvation Army, b y Commander Booth Tucker.
The Negroes of Xenia, Ohio, b y Richard R. Wright, jr., B. D.
@FedFRASER