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DEPARTMENT OF COMMERCE AND LABOR
BULLETIN
OF THE
BUREAU OF LABOR
NO. 91—NOVEMBER, 1910
ISSUED EVERY OTHER MONTH
WASHINGTON
GOVERNMENT PRINTING OFFICE
1910
CONTENTS.
Working hours of wage-earning women in selected industries in Chicago,
b y Marie L. Obenauer:
Page.
Introduction............................................................................................................ 867-871
The candy industry............................................................................................... 872-875
The paper-box industry....................................................................................... 875-880
Woman ticket agents of the elevated railways................................................ 880-882
Steam laundries..................................................................................................... 882-885
The clothing industry........................................................................................... 885-890
The corset industry............................................................................................... 890,891
Neighborhood department and small retail stores.......................................... 891-898
Hours and earnings in detail.............................................................................. 898-915
Labor laws declared unconstitutional, b y Lindley D. Clark, A. M., LL. M .:
Class of laws considered....................................................................................... 916, 917
Basis of legislative action....................................................................................917,918
Constitutional restrictions.................................................................................... 918-922
Laws declared unconstitutional......................................................................... 922-964
Laws affecting the contract of employm ent............................................. 925-927
Examination, registration, etc., of workmen........................................... 927-932
Em ployment of women and children........................................................ 932,933
Protection of local labor............................................................................... 933-936
Employment offices....................................................................................... 936,937
Rates of wages................................................................................................ 937-939
Mechanics’ liens............................................................................................. 939,940
Actions to recover wage debts.................................................................... 940,941
Garnishment and assignments of salaries and wages..............................
942
Tim e of payment of wages........................................................................... 942-944
Payment of wages in scrip........................................................................... 944,945
Company stores............................................................................................. 945-947
Hours of la bor................................................................................................. 947-951
Sunday labor................................................................................................... 951,952
Liability of employers for injuries to employees.................................... 952-955
Inspection and safety of factories, workshops, e tc ................................. 956,957
957
Protection of employees on street railways..............................................
Mine regulations............................................................................................
957
Labor organizations....................................................................................... 958-960
Injunctions and contempts.......................................................................... 960-962
Arbitration of labor disputes.......................................................................
962
Protection of employees as voters..............................................................
963
Cases c it e d ...................................................................................................... 963,964
Old-age and invalidity pension laws of Germany, France, and Australia:
G erm an y............................................................................................................... 965-1002
France................................................................................................................... 1003-1021
Australia............................................................................................................... 1022-1033
hi
IV
CONTENTS.
Review of labor legislation of 1910, b y Lindley D. Clark, A. M., LL. M.:
Page.
Introduction........................................................................................ ............... 1034,1035
Commissions........................................................................................................ 1035-1037
Regulation of the contract of em ploym ent......................................................
1037
Examination and licensing of workmen....................................................... 1037,1038
Public service.........................................................................................................
1038
Wages.................................................................................................................... 1039,1040
Hours of la bor.........................................................................................................
1040
Sunday labor...........................................................................................................
1040
Holidays...................................................................................................................
1040
Inspection of factories, safety appliances, etc............................................. 1041,1042
Mine regulations................................................................................................. 1042,1043
1043
Safety appliances, etc., on railroads.................................................................
Protection of employees on street railways.................... ............................. 1043,1044
Em ployment of children and women............................................................ 1044-1046
Employers’ liability and workmen’s compensation................................... 1046-1048
A ccid en ts.................................................................................................................
1041
Retirement and pension funds............................................................................
1049
Labor organizations...............................................................................................
1050
Civil rights of employees......................................................................................
1050
Em ployment offices........................................................................................... 1050,1051
Bureaus of labor.....................................................................................................
1051
Convict labor...........................................................................................................
1051
Laws of various States relating to labor enacted since January 1, 1910:
Illinois........................................
1052-1059
K entucky..................................................... ....................................................... 1059-1061
Louisiana..................................................................................................................
1062
Maryland.............................................................................................................. 1063-1072
Massachusetts...................................................................................................... 1072-1084
Mississippi................................................................................................................
1084
New Jersey........................................................................................................... 1084r-1088
*New Y ork ............................................................................................................. 1088-1109
O hio....................................................................................................................... 1110-1144
Oklahoma............................................................................................................. 1145,1146
Philippine Islands.................................................................................................
1146
Porto R ico .................................................................... '..........................................
1147
Rhode Island....................................................................................................... 1147-1151
South Carolina........................................................................................................
1152
Virginia................................................................................................................. 1152-1155
United States...................................................................................................... 1155-1159
Cumulative index of labor laws and decisions relating thereto....................... 1161-1196
Index to volume 21..................................................................................................... 1197-1209
B U L L E T IN
OF TH E
BUREAU
No. 91.
OF
LABOR.
WASHINGTON.
N ovem ber,
1910.
WORKING HOURS OF WAGE-EARNING WOMEN IN SELECTED
INDUSTRIES IN CHICAGO.
BY MARIE L. OBENAUER.
INTRODUCTION.
This study has to do with the working hours of women during the
level of business and during the rush periods in selected industries in
Chicago. While practically all industries are characterized by a
crescendo and diminuendo of productive activity, in but few is the
work abruptly marked off into dull and rush seasons. The demands
of rush seasons are met in many establishments by an extension of
hours, which is usually preceded and always accompanied by a higher
industrial pressure. The number and insistent repetition of calls for
help in the help-wanted pages of the daily papers are indicative of
the high pressure under which employees in a given industry are
working. Such condition is frequently followed not only by an addi
tion to the working force but by a more or less gradual lengthening
of the working day where there are no laws restricting the number
of working hours for women.
On the other hand the slackening of orders is attended not only by
a gradual reduction of force and shortening of the working day to
the normal hours, but by an easing off of the tension to the light
demands of the dull season. At such a time not only does the reg
ular force work under an easier tension, but even the normal hours
are at times abbreviated by the individual pieceworkers and not
infrequently by the firm for the whole force.
In studying the accompanying tabulations of working hours during
the level of business and during the rush seasons in selected industries
in Chicago, it should be borne in mind that rarely is there an abrupt
change from one season to another and from one degree of pressure
to another as the unavoidable rigidity of tabular presentation might
suggest. Between the seasons there is a period during which the
pressure is considerably below that indicated by either the normal or
the rush season hours given in the tabulations. At such times even
members of the regular force may work part time only or be laid off
entirely for a period.
867
868
BULLETIN OF TH E BUREAU OF LABOR.
The extension of the working day has not been designated as “ over
time” in this discussion for the reason that, until the 10-hour law
was declared valid, (a) there was no accepted standard of working
hours for women. It was not possible to draw a definite line between
regular hours and “ overtime” except by calling all hours of labor
exceeding the regular schedule of the firm “ overtime.” Such a
method would result in confusion, as a firm whose regular schedule
of hours did not exceed 9 or 10 a day would be reported with “ over
tim e” if it extended its working day by one-half hour, whereas a
firm whose schedule regularly called for 11 hours would be scheduled
as “ working no overtime” if it did not exceed this 11 hours per day
the year round.
While the validation of the Illinois 10-hour law has at least raised
the industrial standard in the matter of working hours for women,
the limited scope of the law makes it still somewhat misleading to
take 10 hours as the limit of regular hours even in industries affected
by this 10-hour law. A firm may work its force 70 hours a week and
still be innocent of violating the law, as there is no legal restriction
upon the number of working days per week.(6) Therefore a firm
running 10 hours a day for 7 days would be “ working no overtime,”
while a firm working its force 61 hours in 6 days of a week would be
recorded as exacting “ overtime” and violating the law.
It should be further remembered that the 10-hour law does not
affect mercantile establishments or transportation companies, so that
for such employments there still can be no “ overtime,” legally speak
erR itchie v.
Wayman, 91 111.; see B idle tin No. 89, p. 428.
6 The Illinois law in regard to Sunday work (Revised Statutes of 1905, chap. 38,
sec. 261) says:
W hoever disturbs the peace and good order of society b y labor (works of necessity
and charity excepted) * * * on Sunday shall be fined not exceeding $25. This
section shall not be construed to prevent watermen and railroad companies from
landing their passengers, or watermen from loading and unloading their cargoes, or
ferrymen from carrying over the water travelers and persons m oving their families, on
the first day of the week, nor to prevent the due exercise of the rights of conscience
b y whomever thinks proper to keep any other day as a Sabbath.
The interpretation of this law as made b y the Illinois courts is shown in the following
quotations from their decisions:
Labor on Sunday is not of itself punishable under this statute, nor can it be said
that the statute prohibits labor on Sunday. The offense that is punishable is the dis
turbance of the peace and good order of society. (Johnson v. People, 42 111. App. 594.)
It appears that the act of labor on Sunday is not an offense, but it must be done in a
way not to disturb the peace and good order of society, and this must be proved beyond
a reasonable doubt. (Foil v. People, 66 111. App. 405.)
The offense is the disturbance of the peace and good order of society. The statute
only prohibits labor that disturbs the peace and good order of society, not naming
business. When the legislation shall prohibit labor, whether it shall disturb others or
not, and the transaction of business, or the making of contracts, we will unhesitatingly
carry out the legislative w ill; but we can neither add to nor detract from the statutes
as they are enacted. (Richm ond v. Moore, 107 111. 429.)
A contract for Sunday work, not tending to disturb the peace or constituting a vio
lation of the criminal code, is enforceable. (Collins Ice Cream Co. v. Stephens, 189
111. 200.)
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
869
ing, for there is no restriction other than the inclination of the em
ployer and the resistance or endurance of the employee.
For the study of the working hours of wage-earning women in Chicago
the following industries and occupations were selected: Candy making,
paper boxes, ticket agents on elevated railways, steam laundries,
clothing, corset factories, and neighborhood department and small
retail stores. Of these industries there may be said to be a rush
season in the candy and paper box industries, in the clothing trade,
and in the department stores. Laundries also report irregular rush
work, but not distinctly of a seasonal character, while for those women
employed as ticket agents on the elevated railways and for those
employed in corset factories, the work involves no period calling for
an extension of hours.
The purpose was to so select the industries for this study as to show
the variation in hours not only throughout the year in a given indus
try and in different establishments of the same industry, but also to
reveal the divergence of hours in different industries demanding about
the same grade of mental and physical equipment.
The tabulated information for mechanical establishments repre
sents the two years previous to January 1,1910. Such establishments
were affected by the 10-hour law which was declared valid April
21, 1910.
The information for the mechanical establishments was secured
at two different periods, viz, December, 1908, and January, 1909, and
September and October, 1910. In 1908-9 pay-roll data in regard to the
hours and earnings of employees, including statements as to the dura
tion of the busy season, were secured from the employers. Informa
tion was likewise secured from the employees as to hours and wages,
but these individual reports gave only the hours of labor for the week
previous to the date of the inquiry, no effort having been made to
get from the employee personal statements as to the duration of the
busy season. The employer alone was relied upon for such infor
mation.
In September and October, 1910, the employers who in 1908-9 had
furnished pay roll and other establishment data, as above described,
were again interviewed by the Bureau’s agents and questioned as to
the changes in the schedule of hours and earnings for 1909. At this
time also other employers engaged in the same industries were inter
viewed, and statements were secured as to hours and earnings and
the duration of rush period for 1908 and 1909.
The employees were at this time not only interviewed as to wages
and hours, but the individual reports called for the duration of the
busy season, as well as the hours per week in the busy season of 1909.
The tabulation of information from the mercantile and transpor
tation companies not only covers the two years previous to Jan
uary 1, 1910, but represents conditions in September and the early
870
BULLETIN OP TH E BUREAU OF LABOR.
part of October, 1910, as such, companies are not affected by the
legal restrictions. All information concerning this class of establish
ments, both from employer and employee, was secured in September
and October, 1910.
The information thus secured has been tabulated in two sets of
tables, b y industries. The first set, included in the discussion of the
separate industries, consists of a tabulation by establishments of the
hours of labor and duration of the rush season, as reported b y the
employers. The second set, presented at the close of the study, rep
resents the tabulated result of the information secured from individual
employees.
It will be seen that in the case of mechanical establishments the
information concerning the hours per week in the rush season, secured
from the employees and used in the individual tabulations, in some
cases represents such a week in 1908, and in others a week in 1909.
No individual reports were secured for the women ticket agents of
the elevated roads for the reason, as stated below, that the hours and
wages for these employees are uniform; while in the case of women
employed in neighborhood department and small retail stores the
tabulated week is a representative week of the rush season of 1909,
which was stated both by employees and employers to be representa
tive also for 1908.
However, all the information from employees as to hours and earn
ings is given as for a single week of the busy season in order not to
overstate the case for the schedules secured in 1908. A further reason
for doing this was that, as information in regard to the duration of
the busy season was given without reserve by the employers and
agreed substantially with the information secured from the employees
interviewed in 1910, nothing was gained by double tabulations, and
the presentation of this information was greatly facilitated by group
ing all the individual reports in a single set of tabulations according
to hours of labor per week in busy seasons. This could be done only
on the basis of one week, as the individual reports secured in 1908
limited the inquiry to this period. Comparison of the tabulations
of the establishment schedules with the tabulation of the individual
data will reveal not only the extent and intensity of the rush periods,
but will reveal with fair accuracy the distribution of the hours reported
by employees.
In addition to the queries as to hours during 1908 and 1909,
the employers of mechanical establishments were questioned as to
the methods already being followed or to be followed for meeting the
demands of the rush periods in 1910 under the restrictions of the
10-hour law. There is no prohibition against night work or Sunday
work, and the accompanying discussions of specific industries and
employments will indicate to what extent the demands of the busy
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
871
season are now (1910) being met by Sunday work and night shifts;
also to what extent such demands are supplied by an enlargement of
the “ busy-season force” or by so anticipating orders as to distribute
the burden of the usual rush season over a longer period of time, thus
permitting the maintenance of a larger “ regular force” and a steadier
working schedule throughout the year. The investigation was not
extended to include inquiries from either employers or employees in
mechanical establishments in regard to actual working hours during
the busy season of 1910.
As the inquiry was directed especially into the working hours of
wage-earning women, no more stress was laid upon the analysis of
the material and economic conditions than was necessary to reveal
the full significance of the working hours. The nature of the occupa
tions have been discussed only where necessary to a fair compre
hension of the probable strain of the reported hours. So also are the
earnings for the given hours of a busy week reported to illumine the
financial benefit of the normal and extra hours to the employee. An
inspection of the subjoined tabulations will make it very plain that
in occupations outside the protection of the 10-hour law a 12, 13, and
even a 14 hour day for women wage-earners is not a thing of the past
in Chicago.
Only the proportion of girls under 16 years of age employed in a
given establishment and the character of the work performed by
them, are reported unless a girl under 16 reported more than 8 hours
a day or 48 hours a week, as the Illinois law restricts the hours of
labor for children to this number.
The following table shows for each industry included in the inves
tigation the number of establishments investigated, the total number
of women employed, and the number of women for whom individual
data in regard to hours of work and earnings were secured:
ESTABLISHMENTS AND EMPLOYEES COVERED BY THE INVESTIGATION, BY
INDUSTRIES.
Industry.
Establish
ments investigated.
Women employed
in e s t a b lis h
ments investi
gated.
Total.
16 years Under 16
and over. years.
Women
employees
furnishing
individual
data.
Neighborhood department and small retail stores.
11
618
26
644
499
575
«284
112
100
336
100
Total...........................................................
57
3,749
604
4,353
2,006
Candy...................................................................
Paper boxes.........................................................
Elevated railways
Laundries.............................................................
Clothing................................................................
flnrsfits
.
S
11
5
9
13
781
1,010
284
556
500
. .....................................................................
163
363
16
36
944
1,373
284
572
536
a Not all the women employed by the elevated railways were interviewed personally, but sufficient
inquiry was made to show that conditions as stated apply to practically all.
872
BULLETIN OF TH E BUREAU OF LABOR.
THE CANDY INDUSTRY.
Over four-fifths of the 944 females employed in the 8 Chicago
candy factories covered by the investigation were 16 years of age
and over, and were therefore more or less affected by the accompany
ing record of working hours during the 1908 and 1909 busy seasons.
Candy factories operate all the year round, but the volume and
pressure of the work vary greatly. There are from 8 to 16 weeks
when the employees work under high pressure, and when, prior to
the validation of the 10-hour law, the working day seriously infringed
upon the night and often upon the early dawn. The reports secured
from firms covered by this investigation show that they operate but
6 days a week during the level of business, but during the rush
seasons a number of the larger firms, in addition to working 13^
hours and 14 hours a day during the week, reported from 5 to 8 hours
on Sunday, making a total of 88 and 90 hours per week. The follow
ing table presents the information secured from the employers:
HOURS OF LABOR OF WOMEN EMPLOYED IN CANDY FACTORIES DURING NORMAL
PERIODS AND DURING THE RUSH SEASONS OF 1908 AND 1909, AS REPORTED BY
EMPLOYERS.
Number of women em Normal hours for women
16 years and over.
ployed.
Establish
ment
number. 16 years Under
16
Total.
and
over. years.
1..................
2..................
3..................
4..................
5..................
6..................
7..................
8..................
147
170
210
88
30
56
50
30
2
25
83
28
11
4
5
5
149
195
293
116
41
60
55
35
Total.
781
163
944
Long
day.
9
9
10
9*
10
10
9*
9i
Short
day.
9
9
10
9*
10
6
9*
9
Busy season.
Total
Prevail
hours Duration
Hours of Hours of
ing
per in weeks. weekly long day. short
day.
hours.
week.
54
54
60
57
60
56
57
56*
13
16
12
15
(d)
14
16
8
90*
13J
13f
13*
13*
b 80
77*
*88
(<0
c 85*
*60
*89
(*)
13*
*10
14
a8
(d)
11*
10
«7
a
”
*10
o5
1
i
a Sunday.
b Hours probably understated, as Sunday work for 1909 was not admitted, though there were convincing
evidences thereof; eight hours should be added to the report.
c For the five weeks when the employee worked on Sunday.
d Not in business in 1908 or 1909.
« Evidence secured that manager understated hours from 20 to 25 a week.
None of these firms were working their employees in two shifts,
but that does not mean that all the employees worked the full quota
of hours reported by the employing firms. In no case, however, was
a smaller proportion than 25 per cent of the force reported as affected
by the long hours, and in some cases the whole force was recorded as
involved to a greater or less degree. However much an employer
wished to keep the whole force at work during the full quota of hours
of the busy season, there would be many women unable or unwilling
to stand the fatigue of a 12 to 14 hour day for 6 days in the week and
then to work 8 or 9 hours on Sunday. This is confirmed by the fact
that while some of the firms reported a working week of 90J hours,
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
873
and an examination of the individual tabulations at the close of this
report shows a few of the employees working 92 J hours for a single
week of the rush season, many more of the employees reported a
week of from 72 to 85 hours.
In view of the fact, however, that the employers themselves
admitted that at least a large proportion of the force were affected
by the long hours of the busy season, this lagging of some of the
women is not an adequate explanation of the discrepancy between
the proportion of the force reported by the employers to be affected
by the hours and the proportion of the employees individually report
ing such long hours. This discrepancy is probably due to two main
causes. In the first place, while a large proportion of these schedules
were taken in the rush season of 1908 and the managers, upon being
interviewed in September of 1910, reported no change in the hours
for 1909, yet as a matter of fact the pressure in 1908 was considerably
less than in 1909, for which season the hours were given specifically
in the accompanying summary table. This is easily possible because
of the business depression prevailing in 1908 which had practically
disappeared so far as this industry was concerned in 1909. Further
more, the individual reports for the busy season of 1909 show greater
extremes in weekly hours than those taken for the rush season of
1908. In the second place, it should be borne in mind that all this
information in regard to 1909 was taken in the factories, often una
voidably in the hearing of the foreman. Under such circumstances
the tendency on the part of the girls is always to minimize the
hours as well as to exaggerate the earnings. This, however, does
not apply to the hours and earnings for 1908, which were in all cases
taken from the pay rolls.
The foreman of one of the large candy factories described the dis
tribution of hours thus: “ The 1909 rush season began October 15 and
from that time until Christmas it was necessary to make 40 days, or
360 hours extra time. The factory was run for 8 hours on each of the
intervening Sundays, and 59 days until 9 p .m . (the normal hours being
from 7.30 a. m. to 5 p. m .).” To make up the 280 hours not covered
by the ten intervening Sundays and still stop at 9 p. m. each night,
the factory would have to open at 6.30 a. m., as one-half hour was
allowed for lunch at noon and one half-hour for supper, and it was
necessary to get in 4 f hours a day to make 280 hours in 59 days.
The schedule of working hours for another firm was from 5.45 in the
morning till 8.15 at night with one-half hour off for noon lunch and
15 minutes for supper. Asked as to whether it was not difficult to get
girls to work so early in the morning, the manager replied: “ No, they
like it; but it is hard to keep them at work Wednesday and Saturday
nights.” This proneness to take one or two nights off furnishes a
further explanation of the discrepancy of the weekly factory hours
874
BULLETIN OF TH E BUBEAU OF LABOR.
reported by the firm and by the individual employees. It is not incon
ceivable that after 2 days of 13 to 14 hours and another of 11J hours
the Wednesday evening’s rest or recreation would have a stronger
attraction than the additional earnings of an evening’s work. The
prevailing system of payment is on a piece-rate basis and throws some
light on the willingness of the employees to work such long hours.
One of the foremen explaining the girls’ “ eagerness” for extra work
said: “ During the summer months business is very dull, the girls
working at times only 3 or 4 days a week. They have always counted
upon making up this summer’s loss during the Christmas rush. Were
it not for the 10-hour law the girls could make from 3 to 3J days extra
per week now. Take, for example, a girl who would ordinarily make
$6 a week; this law prevents her from making $9 instead. ”
In this connection it is interesting to note that whereas the normal
weekly earnings of over 50 per cent of the women represented in the
individual tabulations who work 48 hours or more fail to reach $6,
less than 21 per cent of them fail to earn as much as $6 during the
long-hour week. It should be noted here that the normal earnings
as shown in the individual tabulations take no account of lost time.
They represent what a time worker receives if the establishment is
in operation for a regular full week and she is present during the
entire time; and what a pieceworker receives if she is kept supplied
with work to her normal capacity for the same period. Furthermore,
so far as the reports for those at work in 1909 are concerned, both the
busy season earnings and the normal earnings are typical for the
steadier, more experienced, and consequently higher paid employees,
inasmuch as only women who had been at work in the industry for
at least a year were included. For the great number that drift in
during a busy period and fall out as the season closes, it was not pos
sible to make a comparison of normal and rush season earnings.
That the girls work sometimes under high pressure to curtail the
long hours is indicated in the further statement of the foreman quoted
above, that many of the pieceworkers prefer to bring their luncheons
and work through the supper half-hour, stopping at half past eight.
This man insisted, however, that there was no great difficulty in get
ting the girls to return for the Sunday work, and cited as an evidence
the Sunday of October 2, 1910, when of a force of 135 only 7 were
absent. (There is no law in Illinois against working Sunday or 7
days in the week, so long as no working-day is more than 10 hours.)
He further maintained that “ the girls did not mind the long hours—
indeed they rather enjoyed the work, looking upon it rather in the
light of recreation.” The agents of the Bureau, however, did not
find any girl who regarded the work in that light.
The restrictions imposed by the 10-hour law have made it neces
sary to increase the force this season to the limit of factory space,
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
875
to extend the season of full 10 hours and of S u n d a y work as far back
into the early fall as the anticipated orders and temperature will
permit and to install as much labor-saving and time-saving machin
ery as is available. There are some firms in the industry, of course,
that do not have the rush of business represented by these long
hours, but they are, as a rule, firms with a short pay roll and did
not represent prevailing conditions during the rush season, prior to
the validation of the 10-hour law in April, 1910.
There is nothing unhealthful in the candy-making industry if the
sanitation is not defective and if the toilet facilities are adequate.
In the great majority of cases the operations performed by women
require hand work only and permit either a sitting or a standing
position. Such machines as are operated by women are not obviously
dangerous when provided with proper guards. Such disadvantages
as are chargeable to the candy-making industry arise from the length
of the working-day and the low wage rates.
The individual hours and earnings of 499 women employed in the
8 candy factories included in this investigation are given in the
table at the end of this article.
THE PAPER-BOX INDUSTRY.
Paper boxes are never out of season, because the range of sizes
and sorts of such boxes must meet the demands of all box-using
industries, whatever the season, and supply the needs of the trades
that have a fairly steady business the year round. The firms engaged
in making paper boxes seem not to have suffered from the recent
business depression. Four of the 11 interviewed reported good
business for the year 1909, an unusual press of orders thus far in
1910, and no firms made an adverse report on present conditions.
The working hours, therefore, for the 2 years previous to January 1,
1910, are fairly typical of the schedule in prosperous years prior to
the validation of the 10-hour law, April 21, 1910.
While it is true, as has been said, that the paper-box industry
does not have its seasons as sharply marked off as some other indus
tries, yet it does have its busy season. For this the Christmas pres
ent with its insistent demand for small and large boxes is responsible.
The pressure of these orders usually begins about September 1 (in
some instances the orders are taken the preceding January) and
continues until Christmas Day. The accompanying tabulation of
establishment schedules shows a number of firms reporting a busy
season with no extension of working hours to meet the demands.
As in all manufacturing industries, the margin of elasticity in produc
tive power is usually brought into play in the paper-box business
before an additional force is engaged or additional time is required
of the regular force. This elasticity is sufficient in some cases to
876
BULLETIN OF TH E BUKEAU OF LABOR.
meet the demands of a firm’s busy season and explains the report of a
“ busy season” without the lengthening of the working-day. At such
times the pieceworkers earn more money than during the ordinary
level of business, as they are working under higher pressure. The
time workers, of course, maintain only their regular earnings.
Just as during the busy season the women work under high pres
sure— often being “ pressed to the limit” of productive power—so
during the slackened season the work is done under low pressure,
in a number of cases the pieceworkers coming to work with but indif
ferent regard to the regular establishment hour of beginning and
leaving with equally lax attention to the exact hour of closing. The
accompanying tabulation shows the number of paper-box firms that
observe the custom of working but a half day on Saturday a part of
the year, and such as run less than a full day on Saturday the year
round. In the summer time this short day is given as much to ease
off the production to the lighter demands of the season as to adjust
the working schedule to the liking of the employees. But during the
rest of the year, and particularly during the season of high-pressure
work, the short day is largely, if not solely, a concession to the demands
of the employees who want the shorter day not only for rest and
recreation, but for shopping opportunities and for a little leisure to
attend to personal affairs.
Inspection of the working hours in these box factories shows that
this short Saturday prevails usually even through the busy season
in practically all of the establishments scheduled, without reference
to whether a firm extends its working hours on other days or increases
its working force.
HOURS OF LABOR OF WOMEN EMPLOYED IN PAPER-BOX FACTORIES DURING NOR
MAL PERIODS AND DURING THE RUSH SEASON OF 1908 AND 1909, AS REPORTED BY
EMPLOYERS.
Number of women
employed.
Establish
ment num
ber.
1 ................
2 ................
3................
4................
5................
6 ................
7................
8 ................
9................
10................
11................
Total.
16
years
and
over.
80
207
26
220
58
Normal hours of women
16 years and over.
Under
16
Total.
years.
24
118
70
59
8
104
325
96'
279
66
234
85
28
45
7
4
39
25
7
8
1
24
273
1,010
363
1,373
20
110
35
53
8
Long
day.
n
10
9!
9*
9
9
10
9
9
n
9*
Short
day.
« 8|
a9
8*
*7$
a8
n
5
08
8
08
o8
Busy season.
Total
Prevail
hours Duration
ing
in
per
weekly
week. weeks.
hours.
56
59
56
55
53
6 52J
55
53
c 53
55J
55!
13
37
3
15
14|
14
14
16
13
15
13
62
69!
65
60
651
52!
55
551
53"
58
55!
Hours
of long
day.
121
131
11!
10!
12!
9
10
9!
9
10
9!
cln summer closed at 1 p. m.
5 For 13 weeks ran 50 hours per week.
c Girls given one-half hour leeway, and several reported shorter hours than firm gave.
Hours
of short
day.
81
9
94
7!
8
71
5
8
8
8
8
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
877
The 4 scheduled firms that required no extension of hours to meet
the demands of the busy season represent an aggregation of 340
employees, and include one large factory employing 273 persons, and
three smaller establishments. Of the 7 scheduled firms that required
an extension of hours to meet the demands of the busy season, 1
firm recorded the long day as 13| hours, while 3 others reported it as
over 11 hours, and 1 reported it as 10£ hours; making a total of 5
firms that reported a long day of over 10 hours. It will be seen that
the firm reporting the long day as 13\ hours reported the high
pressure as lasting 37 weeks in the year. In this establishment there
was one 9-hour day, three 13J-hour days, and two 10-hour days,
making the total number of hours for the 6-day week 69J. Two
firms reported 12J hours as the “ long day” schedule during the
busy season, but there were but 8 and 8| working hours for Saturday
and totals of but 62 and 65J hours for the week.
The establishment table further shows that of the 1,010 women 16
years and over employed in the 11 establishments investigated, 591,
or nearly 60 per cent, were employed in the 5 factories working more
than 10 hours a day during the busy season except on Saturday.
Examination of the individual tabulation of hours of women employed
in the 11 establishments, at the end of this article, shows that of the
575 women 16 years and over for whom reports were secured, 280, or
nearly 50 per cent, reported a 6-day week of over 59 hours. As
all of the firms ran fewer than 10 hours on Saturday, nearly 50 per
cent, therefore, were working an average of more than 10 hours a
day for 5 days a week.
It has been noted at the beginning of this article that the individual
data were for only a single week of the busy season, but the establish
ment schedules show that the season demanding long hours lasts
from 3 to 37 weeks. The prevailing period for the 7 firms reporting
extended hours seems to be about 15 weeks.
It must be remembered that these hours affected presumably only
women 16 years and over, as children under this age are legally restricted
to 8 hours in any one day and 48 hours in one week. Because of the
uniformity of the working day for girls under 16 years of age their
individual reports were not tabulated, but the table summarizing the
establishment schedules shows that over a fourth of the female
employees in the 11 box factories scheduled are under this age.
One manager of a large factory told the representative of the Bureau
that this large proportion of children in the box factories was due to
the greater adaptability of young girls, “ their fingers are nimble and
small so that they are able the more readily to manipulate the small
boxes, some of which— particularly the baby-ring boxes— are less
than an inch in any dimension. The processes, except in the highgrade work, are .very simple and can easily be learned, speed coming
with experience.”
878
BULLETIN OF TH E BUBEAU OF LABOR.
These girls usually begin as helpers. The system which was found
in several of the factories seems to be a source of grievous complaint
among the girls. The helper is supposed to receive about one-third of
the piece rate given to her machine girl, but the firm does not hold itself
responsible for the helpers earnings. She does not appear on the pay
roll and must settle her account with the machine girl whom she helps.
As the helper is usually an 8-hour girl and the machine operator a 10hour girl (since the validation of the 10-hour law), the helper is entitled
to but one-third of four-fifths of the combined earnings— which are
computed entirely upon a piece-rate basis. As this rate varies with
each grade of work, and the machine girl works on several grades each
day, the arithmetical equipment of the helper, or folder, as she is
often called, is taxed to its utmost— and more— to hold her own in
the calculations. Further complications set in when time is lost by
either girl or when three girls work in teams, two of them being
10-hour girls and one an 8-hour girl. If the statement of one of the
managers is correct that most of these helpers come from about the
fifth grade in the parochial schools, it is not a matter of great marvel
that they grow discouraged, bargain with the machine girl for a flat
wage, or drop out altogether. The manager just quoted complained
of the great number that “ drop out after the first few days or weeks
of employment. For every nine that come, nine go out.” A care
ful count for a period of six months showed that, though a hundred
new hands had been received, at the end of the period the whole
force did not exceed the total number at the beginning— about 300.
That this manager was not overstating the case is shown by the fre
quent and alluring calls in the daily papers for “ girls 14 and 15 years
for pleasant work in a box factory— $3 while learning.”
Some of the firms offer bonuses to their employees to bring in “ new
hands” in case such hands stay at least a month. Naturally there
is great pressure upon the girls to bring in their younger sisters— if
they have any— as the mathematical problems are eliminated when a
machine girl has a sister as helper, since the entire pay envelope goes
into the same family. A few firms employ men and women to canvass
the homes of wage-earning families in search of new hands or desert
ing employees, as even girls over 16 are often difficult to keep at work.
The complaint most frequently made by such girls is that they are
accused of “ shortages” in count, which they are obliged to make up
before getting credit for their work. As in most cases, the girls are
not given a chance to recount disputed outpiut, the accusation is a
prolific source of dissatisfaction in some of the establishments, and may
be an equal cause with the long hours for the alleged drifting tendency
among the women employees.
Only a brief reference to the character of the occupation is neces
sary to a full understanding of the degree of strain, represented by
HOURS OR WAGE-EARNING W O M E N IN CHICAGO.
879
the schedule of working hours. Practically no operations performed
by women in the ordinary paper-box factory require constant stand
ing in order to maintain the average output. At times the boxes
on which the girls are working are so large as to necessitate standing,
but as the grade of work is varied during the day a change of position
is feasible from time to time. Upon careful observation on the part of
the representatives of the Bureau in the 11 factories scheduled it devel
oped that whereas in one factory girls engaged in a given occupation
stood all or most of the time, alleging that such position is necessary
to maintain the level of production, in other establishments girls
busy at the same occupations were seated at their work. It was
noticeable, however, that when women were operating the machines
known as ender, tube roller, tube cutter, paper slitter, or thumb hole
cutter, they were usually standing, as also were the women engaged
in the process known as “ peeling,” which consists in knocking off
scored comers or edges of the boxes with a hammer.
There is no intention to discuss here the question of dangerous
machinery used in the paper-box industry, but only to call atten
tion to the fact that there are machines, the operation of which is
attended with more or less danger, and that accidents do occur,
particularly with the machine known as the “ corner stayer,” where
there is obvious danger of catching the fingers between the anvil and
the descending press. The obvious guard against such an accident
is the steel thimble provided by the firms but not invariably used by
the girls. Furthermore, the use of the thimble is not a guaranty
against accident, but simply a precaution, as it permits the finger to
be withdrawn quickly in case the thimble is caught between anvil
and press. There are other machines whose operation by women or
children is attended with some danger, but the corner staying machine
is chargeable with a large proportion of such accidents as occur to
women in the box factories. As the chances for accidents are prob
ably more or less affected by the length of the working day, particularly
where any degree of physical strain or concentration is required, there
is some significance in the working hours up to January 1, 1910, as
presented in both the establishment summary and the individual
tabulations.
It should be remembered that the earnings as set forth in the indi
vidual tabulation at the end of this article show the compensation
only for the busy season recorded and do not represent the normal
earnings throughout the year. This tabulation shows that of those
working an average of from 8 to 12 hours per day during the busy
season approximately 40 per cent earned less than $6 per week.
As in most industries, the rate of compensation is fairly uniform
for the same grade of work, notwithstanding the sharp demand
for help. When the suggestion was made to one employer that a
-64181°—No. 91—11-----2
880
BULLETIN OF TH E BUREAU OF LABOR.
higher rate of pay might increase the supply of female labor, he
replied: “ W e can’t offer more wages, because that would take help
away from our competitors, and would be considered as stealing help,
and not fair business policy.”
Naturally, since the validation of the 10-hour law in April of the
present year, this demand for help has been greatly intensified.
Officials of the 11 scheduled establishments were closely questioned
as to methods of meeting the rush-season demands under the restrict
ing law. As has been intimated before, none of the firms report a
decrease in orders this year. Two of the larger firms notified their
customers early in the year of the probable restriction of the working
hours. As a result, instead of running only a half day during the
summer months these firms maintained a longer schedule on Satur
days. The objection to anticipating orders on the part of both the
manufacturing and the purchasing firms seems to be the difficulty of
storing goods. The double-shift system does not seem to be in favor
as yet in the paper-box factories; in fact, there is great difficulty
in maintaining a full quota for one shift. Some firms may resort to
Sunday work, though it is more difficult to get girls to work Sunday,
and one of the large firms, stating that they had not yet determined
how they would meet the situation, declared that it would not be
by Sunday work under any circumstances. A number of the firms
interviewed avow an intention of taking no more orders than they
can fill under the restrictions. Others seem to be taking the orders,
but turning the “ overflow” to smaller paper-box factories not so
overburdened with work.
Inspection of the tabulation of individual reports at the end of
this article serves to confirm the statement of the manager who said
that young girls were especially adaptable to the paper-box industry.
Of the 575 adult women individually scheduled, 226, or 39.3 per cent,
were either 16 or 17 years old. This fact alone has its bearing upon
the working hours per day and per week.
WOMAN TICKET AGENTS OF THE ELEVATED RAILWAYS.
The elevated railway companies of Chicago employ 284 regular
woman agents and an average of about 100 “ extras.” The regular
agents work from 7 a. m. to 7 p. m.— 12 hours a day, for 7 days a
week. There is no allowance whatever for an occasional afternoon
off, or for a Sunday or a legal holiday. If a girl desires such leave
she makes request and an “ extra” is sent to relieve her, the “ extra”
receiving the full rate of pay which is deducted from the regular
agent’s wage. It is quite common for an agent to ask for a half day
off on a legal holiday— as Christmas or Thanksgiving— and the
“ extra” called upon to substitute must respond whenever called,
for, while these extras are not necessarily employed continuously
(in the case of one company the average earnings of extras amounts
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
881
to $35 per month each), they must be prepared to respond promptly;
otherwise the chances are that they will not be considered desirable
as regulars. In one company extras have constant employment,
receiving $1.25 per day, but when substituting for a regular agent
(whose pay in this case is $1.70) the extra receives pay at the latter
rate. A number of them have been assigned to regular stations, but
without the compensation of regular agents, and this is the cause of
much dissatisfaction.
The lunch hour brings no relaxation, for the girl must bring her
lunch, or send for it, and it is eaten at her station as opportunity
occurs. Some of the agents have appliances for heating coffee, etc.
A majority of the roads have a “ relief agent” who is constantly
traveling, stopping off to relieve the agents along the line for 10 or
15 minutes morning and afternoon. On the lines where there is no
relief agent the girl must call upon the colored porter to take her
place during a necessary temporary absence.
In spite of the long hours these positions are in great demand. In
the office of one of the roads there are about 2,000 applicants on the
waiting list. One of the attractions of the position to a girl of
ability is the independent nature of the work, each agent being
responsible for the conduct of her station. Then, too, the pay, which
ranges from $1.70 on one road to $2 on another, is rather higher than
the earnings possible in other work of the same character.
The morning hours are generally busy ones for the agent, but there
are several hours during the day where in most districts the work is
very light, and except for the fact that the girl must remain at her
station she may make herself very comfortable, often finding time
for fancy work or a magazine, the only stipulation being that she
shall not neglect her duty.
The real strain comes during the last 2 hours of the working day
when the girl is least prepared to meet it, from 5 to 6.30 or 7 p. m.,
when the exodus from offices,, stores, and factories keeps the agent
nerved to highest effort to keep up with the insistent demands of
waiting patrons.
The manager of one of the roads describes the successful agent as
the one who, under sometimes very trying circumstances, maintains
perfect self-control. Her occupation necessarily places her in con
tact with all classes and conditions of people, and by the exercise of
self-control and tact many an unpleasant situation is averted. The
management particularly desires the agents to avoid anything like
conflict.
Individual reports were not secured for the elevated railway agents,
there being no variation of hours, and the rate of pay in each com
pany (except one, where an agent must serve 1 year at $1.70
before receiving $2) being practically uniform.
882
BULLETIN OF TH E BUREAU OF LABOR.
The employees of four of the companies covered’ by this report
belong to the Amalgamated Association of Street and Electric
Employees of America, and at this time a demand has been made on
the part of the union for an increase of pay for the agents, particu
larly in the congested districts, where the work is very heavy. This
change in the wage scale is now under consideration by the manage
ment of the roads under discussion. There has been some considera
tion of three 8-hour shifts, instead of two 12-hour shifts, as at present,
though an official of the union states that no demand has been made;
the night shift is composed of men, who generally receive 5 cents
more per day than the women. The president of the company
employing nonunion agents is authority for the statement that the
direct effect of such a demand would be the discharge of all woman
agents and the continuation of the two 12-hour shifts, composed
entirely of men. The employment of three shifts (at the same daily
rate) would increase the expense to the road by one-half, and for
that reason the question is not to be considered; furthermore, he
claims that for the wages now given women men could be readily
secured.
The following table shows for each railway the number of women
regularly employed, with the daily and weekly hours of work and
rates of pay:
NUMBER OF WOMAN AGENTS IN THE SERVICE OF THE ELEVATED RAILROADS OF
CHICAGO, WITH HOURS OF LABOR AND RATES OF PAY.
Number
of
women
regularly
em
ployed.
Company number.
Pay per—
Hours.
per
day.
Days
per
week.
Hours
per
week.
Day.
Week.
2..................................................................
3..................................................................
4..................................................................
5 . . . . ........ : .................................................
100
64
45
24
51
12
12
12
12
12
7
7
7
7
7
84
84
84
84
84
$1.90
1.95
1.90
1.70
<*2.00
$13.30
13.65
13.30
11.90
614.00
Total.................................................
284
12
7
84
1.91
13.39
$1.70 during first year; agents at 3 department stores $1.75 each, and relief agents $1.60.
6 After working 1 year at $1.70 per day.
a
STEAM LAUNDRIES.
The 9 laundries covered in this report represent very fairly the
working hours prevailing in the Chicago laundries that employ from
30 to over 100 women each. The small hand laundries— American
and Chinese— are therefore not necessarily represented by the figures
here set forth.
The work of a laundry is ordinarily not seasonal, unless an estab
lishment specializes in work that is itself seasonal or depends for pat
ronage on a locality whose residents go away in large numbers for the
883
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
summer. In laundry work a “ rush” period may be precipitated any
week by the advent of a large convention, the arrival of a steamer, or
an unexpected hotel order. Naturally such emergencies do not affect
all the laundries at the same time. The “ rush” periods from such
causes would be wholly sporadic, but they are quite frequent in estab
lishments as large as those included in this investigation. Aside from
these emergencies all laundries doing hotel, restaurant, or Pullman
car work run under more or less increased pressure during the weeks
in which a holiday occurs, as there can be no delay in delivering the
goods promptly to such patrons.
The chief spokesman for the laundrymen in their effort to defeat
the 10-hour bill declared that about 80 per cent of the laundries of
Chicago were working more or less in excess of 10 hours a day, at
least once a week throughout a period ranging up to 20 weeks. The
employers, it was said, would not have resisted the enactment of a 60hour a week law, but fought for the right to work their forces a day or
so in the week to the measure of their patrons' demands. According
to the report of the laundries included in this investigation the “ long
d ay” for the short period of the busy season as recorded by them
did not exceed 12£ hours, and for the rest of the year— amounting in
most cases to over 45 weeks— it did not exceed 10 hours during 1909,
when the 10-hour law was not in operation.
The normal hours of work per day and per week and the hours dur
ing the busy season in the 9 laundries covered in the investigation
are shown in the following table:
HOURS OF LABOR OF WOMEN EMPLOYED IN STEAM LAUNDRIES DURING NORMAL
PERIODS AND DURING THE RUSH SEASONS OF 1908 AND 1909, AS REPORTED
BY EMPLOYERS.
Number of women
employed.
Establish
ment num
ber.
16 years Under
and
16
Total.
over. years.
1 ..................
2 ..................
3................ .J
4..................
5..................
6 ..................
7..................
8 ..................
9..................
Total..
a
87
30
134
60
75
35
45
41
49
2
0
0
1
0
0
8
1
89
30
134
61
75
35
49
49
50
556
16
572
4
!
[Normal hours of women
16 years and over.
Long
day.
Short
day.
10
10
10
10
10
10
10
8*
8
10
8
10
8
10
8
10
9
These weeks are not consecutive.
9
Total
hours
per
week.
60
60
60
b 58
54
48
60
48
60
Busy season.
Dura
tion in
weeks.
Pre
vailing
weekly
hours.
Average Average
length . length
of long of short
day.
day.
a 6
06
65
70
12*
12
a6
64
58
11
11
52
62
10
11
None.
25
None.
None.
12
16
10
10
9J
9
8
10
&On Monday, 9J hours.
Of the 9 laundries included here, employing a total of 556 women,
4 with an enrollment of 226 reported from 62 to 70 hours a week
during the weeks of the busy seasons. The individual tabulation at
884
BULLETIN OF T H E BUKEAU OF LABOR.
the end of this article shows that only about 14 per cent of the 112
laundry women who made individual reports worked in excess of 60
hours a week. This is in large part explained by the fact that the
girls’ working hours depend much upon the nature of the occupations.
The weekly hours of the establishment are frequently longer than
the hours for any set of workers. The ironers usually do not come
until noon Monday, as the clothes are not ready for them. On the
other hand, these girls are affected by high-pressure work and long
hours later in the week.
Thirty-seven per cent of the girls reported working longer hours
than those given as normal by the managers of the laundries in which
such girls were employed. Moreover, women not employed in such
laundries at the time of the interview, but formerly at work there,
told the agents of the Bureau that there were one or two days nearly
every week in the year, prior to the validation of the 10-hour law,
when the girls had to work more than 10 and sometimes as many as
14 hours a day to get out the rush orders.
The nature of the work done by women in laundries is as important
a factor in a study of this kind as the working hours. In fact, in no
other industry covered by this investigation is it so necessary to know
the character of the occupation and the working conditions in order
to measure correctly the expenditure of physical energy in terms of
hours.
The principal occupations of women in steam laundries are: Mark
ing, sorting, mangling, folding, starching, hand and machine ironing,
finishing, and wrapping. “ Flat w ork” — i. e., sheets, tablecloths, nap
kins, towels, etc.— after being washed in machines (operated by men),
rinsed, and “ wrung” by centrifugal force, is ready for the mangle.
This is a large machine, the essential feature of which is a series of
big, interiorly heated rollers, between which the goods are passed for
the double purpose of drying and ironing. The flat work thus treated
emerges from the other end of the mangle steaming, but smooth and
ready to be folded. The girls who feed the mangles, keeping the
goods straight, usually stand on a raised platform. The folders, at
the other end of the mangle, sometimes sit at their work.
Hand starching is exhausting work. Besides the constant stand
ing and the necessary strain on the muscles, the work is done usually
in the abnormal heat of the ironing room, and, in one case, near the
extreme heat of the drying closet.
Probably the occupation which is attended by the greatest strain
is that of machine ironer. The ironing machines are miniature man
gles. They differ in operation from the mangles, however, in that
the action of the machine ironer is not constant, but is regulated by a
foot lever, requiring more or less constant use. To reverse the
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
885
machine a second foot lever is brought into play. The amount of
force necessary to operate the lever varies. The more modern
machines do not require so much weight as the older ironers. The
managers of some of the laundries have the girls stand upon an
improvised platform, so that in using the foot lever they step down
rather than up. The heaviest of these machines is the “ body ironer.”
There is much complaint among women laundry workers over the
strain occasioned by the use of the foot lever on this machine.
It is not the purpose in this report to discuss the effect of laundry
work upon the health, but only to call, attention to the fact that the
hours, though not so extreme as those reported for some of the other
industries covered by this investigation, represent a greater expend
iture of physical energy per hour, because of the operation of footlever machinery and because of the necessity of working in a super
heated and superhumid atmosphere.
Much of the machinery operated by women in the laundries visited
was found to be unguarded. That there are not more frequent acci
dents is probably due to the fact that the motion of the machines is
not rapid, and also to the fact that the proximity of the heated rollers
gives warning of imminent danger. An illustration of an obvious
accident is the case of the girl who told the representative of the
Bureau that at one time she looked away from her machine, forgetting
that her foot was on the treadle. Her fingers were caught between the
rollers and badly crushed and burned before they could be released.
Antiquated or imperfect equipment of a laundry not only means
increased chance of accident, but it means also heavy machinery
laboriously operated, dense steam, and unnecessary exhaustion, all of
which bear directly upon the expenditure of physical energy repre
sented by the number of working hours per day and per week.
THE CLOTHING INDUSTRY.
In the following report of the working hours of women in the cloth
ing industry in Chicago the large establishments in which women are
employed in the manufacture of men's clothing are not included,
for the reason that in another report of the Bureau of Labor (a)
establishments of this character were fully covered as to hours, earn
ings, and working conditions. The establishments here considered
are those of moderate size which manufacture clothing—men's and
women's— and one in which braids and trimmings of various kinds
are made for the clothing trade, its busy season being practically the
same as that of the clothing shops. Reports wTere secured for 13
establishments, employing a total of 750 employees. The following
a Report on Condition of Woman and Child Wage-Earners in the United States:
Yol. II, Men’s Ready-Made Clothing. 1910. (61st Cong., 2d sess., S. D oc. No. 645.)
886
BULLETIN OP TH E BUREAU OF LABOR.
table shows the number and the per cent of men, women, and children
in these establishments:
Employees.
Number. Per cent.
Males 16 years and over ..
Females 16 years and over
Males under 16 years........
Females under 16 years...
1
«36
28.4
66.7
.1
4.8
Total.......................
750
100.0
213
500
o Including 1 girl whose employer reported her as over 16 years, but whose personal statement showed
her to be but 15.
In each establishment individual data were secured for about 20
per cent of the female employees 16 years and over. In the inter
views particular attention \yas directed by the agents to any exten
sion of the normal working hours during the busy season prior to
January 1, 1910.
The results of the investigation, as shown by the tabulations, do
not indicate any considerable amount of extra time, even in the
seasons when the work is heaviest, some showing as few as 42 or 45
hours per week. In a few instances in which hand workers reported
longer hours per day on certain days of the week— generally on
Saturdays— it was due to the fact that they were employed by firms
running a clothing shop in conjunction with a retail store. These
women were usually engaged in making alterations on garments sold
in the store. Such stores cater to neighborhood trade and conse
quently keep open several evenings in the week, on Saturday closing
at any time from 10 to 12 p. m. One woman employed in a store
of this character worked regularly 12J hours on Saturday, although
the sales people worked but 11|.
HOURS OF LABOR FOR WOMEN EMPLOYEES IN CLOTHING INDUSTRY DURING
NORMAL PERIODS AND RUSH SEASONS OF 1909 AS REPORTED BY EMPLOYERS.
Number of women em Normal hours of women
16 years and over.
ployed.
Establish
ment num
16 years Under
ber.
and
Total.
over. 16years.
5................
6................
7................
8................
9................
10................
11................
12................
13................
12
75
81
25
10
10
20
30
8
36
7
11
175
rPntal
total.
500
1................
2................
3
4
...........
»
30
12
75
83
25
10
10
22
30
9
37
7
11
205
36
536
2
2
al
1
Long
day.
10
9
9
10
12
9
81
101
M
10
121
10
9f
Short
day.
5
9
5
5
9
5
51
8J
91
5*
9
n
51
Busy season.
Total
Prevail Hours of Hours of
hours Duration ing
week long day. short
(weeks). ly hours.
per
day.
week.
55
54
50
55
62
50
491
591
551
551
571
571
54
18
20
None.
28
20
20
23
22
24
32
19
18
26
60
54
10
9
59
62
50
491
591
6 591
551
11
12
9
81
101
HI
10
121
10
c 6 lt
571
54
n
10
9
5
9
5
51
81
91
51
9
71
. 51
A girl who gave her age as 15, although the employer reported no children under 16 employed.
6 This is given for fall season. Spring season overtime work is 2 hours 1 night m the week instead of
2 nights in the week, as in fall season.
....
c Two days in the week other than Saturday women work 11 hours.
a
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
887
For all the establishments a total of 36 children was reported; 30
of whom w^ere in one establishment. The tabulations of the actual
working hours for women 16 years of age and over in the clothing es
tablishments show that in 1909 the hours per day varied from 12^ on
the “ long day” to 5 hours on the “ short day.” Two establishments
reported a uniform day throughout the 6 working days of 9 and 9J
hours, respectively. There is practically no Sunday work in the
industry, except among a few of the smaller shops in which Jewish
employees refuse to work on Saturday. Except in shops connected
with retail stores, extra hours on Saturday are rare, and if the Satur
day hours are extended they seldom necessitate work after 6 p. m.
The clothing industry is seasonal in the highest sense of the term,
since outside of the period of the two busy seasons the average worker
is very irregularly employed. The factories in which special goods are
manufactured— that is, where garments such as barbers' coats, duck
trousers, overalls, blouses, house coats, or bath robes are made— the
. work is comparatively steady throughout the year. On the other
hand, in the manufacture of men's and women's cloth suits and coats
the constant change of style prevents much making up of stock prior
to an actual seasonal demand, so that the clothing firms must wait
both for the style and for orders and then strain every effort to get
their goods on the market in time.
The earlier busy season begins in February, generally increasing
in stress until the 1st of March, when for a period of 4 weeks there is
apt to be extended time daily. After this rush, business slackens
gradually until the work is practically over and a large majority of
the force is discharged. In the fall business picks up again about
September 1, reaches a climax in October, when extra hours are
required, declines through November, and by December 1 the season
is over and the workers are again idle.
During the busy season the period for the midday lunch was always
reported as 30 minutes, but in many shops it was shortened to 20
minutes or less, particularly so during the days of greatest pressure,
the women eating their lunches at the sewing tables or machines and
eagerly resuming work in order to earn as much as possible. They
were also eager to secure the more desirable work, which is given out
first. If there was work at night, the time for lunch was limited to a
very few minutes. One establishment reported that the time allowed
for lunch was 45 minutes for the time workers, but that it made no
effort to regulate the time of the pieceworkers. The pieceworkers in
the clothing industry do not need urging to keep up their work,
because each one realizes that she must work steadily, at times even
feverishly, to make as much as possible in the short time in which the
industry offers employment.
888
BULLETIN OF TH E BUREAU OF LABOR.
The 100 employees who were questioned, particularly in reference
to their hours when the busy season was at its height, furnish the
basis of this report. In the consideration of any extended hours of
labor the time worked on Saturday must be borne in mind, since for
90 per cent of the employees reporting the total hours per week of 0
days do not average 10 hours per day. Of the 13 establishments
visited, 7 report practically a half day on Saturday, 4 of these having
a 5-hour day and the remainder having 5J, 54, and 5|, respectively.
Three factories reported the work for Saturday as extending over 7£,
8J, and 9 hours, respectively. The three reporting 9J, 12, and 12£,
respectively, each had a retail store in connection with the factory.
The total hours worked per week as secured from the individual
employees varied from 42 to 67, inclusive. The following table shows
the per cent of women reporting in each of the five selected groups
of hours:
Hours worked per week.
1
Number.' Per cent.
!
61£ to 67 hours...............................................................................................................
551 to 60 hours...............................................................................................................
54 to 55 hours................................................................................................................
42 to 53J hours...............................................................................................................
,!
29
38
28
5.0
29.0
38.0
28.0
Total....................................................................................................................
100
100.0
At first glance this table seems to indicate that but a small per
centage of the 100 women worked more than 10 hours a day. With
the exception of the first group, the hours do not show an excess of
60, which might indicate a 10-hour day. But as Saturday is fre
quently a 5-hour day, the working day of the women in the clothing
industry can not be divided into six even sections. If the 5 hours
for Saturday be subtracted, all the women who worked more than
55 hours, i. e., 34 per cent, had some days of more than 10 hours in
the remaining 5 days.
The work is not regular for all workers, even in the busy seasons—
one day may be long and the next one short. In the midst of a
great rush employees may be suddenly reduced to idleness because
the work is held up somewhere in the course of its manufacture.
Of the 100 women reporting, 65 per cent were time workers and 35
per cent were pieceworkers. With the exception of 3 individuals,
the highest earnings were made by the pieceworkers. The individual
tabulations show, however, that the highest earnings do not accom
pany the longest hours. The earnings of the women pieceworkers in
the clothing industry are dependent as much upon the piece rate,
the speed and skill of the worker, the character and quality of the
work and its regular supply as upon the number of working hours.
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
889
The piece rate varies according to the character of the work. If
the material is of inferior grade the rate is low; if the work required
is merely preparation work, such as sewing up seams or making small
sections of the garment, the rate is likewise low. The worker in both
these instances must do a large quantity of work to make what she
considers a fair wage. Where a woman is expert either on hand or
machine work, and sufficient work of high grade is available, she has
no difficulty in bringing her weekly earnings in the busy season to $ 15 or
more. All the employees know’ that the pressure of work can last
but a short time and, regardless of their own physical discomforts,
are anxious to secure all the work they can handle.
In factories of moderate size the woman wffio can make the com
plete garment, particularly cloaks or skirts, receives the highest
rates and is given every opportunity to make what she can during
the rush season. She is especially valuable to her employer because,
aside from her skill and speed in given occupations, she saves him
the expense of “ extra ” hands who could do merely the simplest
forms of preparatory or finishing work. The rates paid these expert
workers were the highest reported. One woman wrho made the
wrhole cloak, except putting in the lining, said that she averaged
from 30 to 50 cents per hour, and that her earnings were $18 for a
week of 57\ hours.
An interesting fact revealed by the accompanying tabulations of
busy season hours and earnings is that the highest earnings do not
necessarily accompany the longest hours. For example, a compar
ison of skirt makers shows that Operator No. 5 on the individual tab
ulations, who stated that she could make 40 cents per hour, reported
only $18, although she worked 61£ hours in the week, while No. 92,
wrho made 35 cents per hour, earned $17.40— 60 cents less than No. 5,
though she worked a week of but 49J hours. It should be borne in
mind that this difference in the earnings of workers apparently of
the same grade may be due as much to the irregularity of the supply
of work as to a difference in the speed of the workers.
Some operators qualified their report as to earnings per hour by
saying that if the work were steady they could alwrays make as
much as they reported, but often they were delayed because gar
ments were sent elsewhere to be embroidered and the operator had
to await the return of the goods. When these garments were returned
there would be a great rush to get them finished, and the earnings
could be expected to rise to $18 or $20 per week. In such a period
long hours are likely to occur.
890
BULLETIN OF TH E BUREAU OF LABOR.
The following table shows the hours classified according to the
earnings of one week in the busy season of 1909:
cO ne wom an here reported $21 . 60 , m axim um earnings of skirt makers reporting.
The normal hours, according to the establishment reports, ranged
from a week of 62 hours to one of 50 hours. Both employers and
employees reported that in the dull season the hours per day and
days per week were most irregular. Some of the women stated that
while they might report every day unless specially notified not to do
so, they frequently had only a half day’s work or less. In the tabula
tions the estimated normal earnings are based more on the hours for a
regular week as reported by the women who were at work in the cloth
ing industry in 1909 than on amount of work or any special pressure
of work. The estimates probably err therefore in being too high,
even for the normal hours as reported, and do not, of course, in any
sense indicate the actual income of the workers for any considerable
portion of the year. They but serve to throw light on the working
hours in clothing establishments covered by this investigation, com
pared with the hours and earnings in other selected industries
included in this report.
TH E CORSET INDUSTRY.
The business of making corsets is a fair illustration of a “ level
industry” throughout the year. It is also a good example of a lowpaying industry, as the tabulation of the hours and earnings of
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
891
individual employees for a single week given at the end of this article
will show. It should be borne in mind, however, in comparing these
earnings with those in some of the industries of a more seasonal nature,
that the women engaged in making corsets have steadier employ
ment. The difference in yearly earnings in all probability is not so
great as the difference in their weekly earnings would suggest.
The work of making corsets is highly organized, and division of
labor is carried to such an extent as to leave each worker but a simple
task. Neither is there anything in the nature of the occupations to
render the accompanying tabulation of hours and earnings more or
less significant than their number would indicate. The most striking
feature in the tabulation is the great number of women whose weekly
earnings are below $6— both in the column for earnings during busy
seasons and for normal rate of pay. As the hours rarely exceed 60
per week, the slightly increased activity in the fall and spring would
express itself in a higher working pressure, and consequently more
pay for those working on the piece-rate basis. The time workers do
not get extra pay even for the occasional overtime. Of those report
ing normal weekly earnings, over 60 per cent fail to make as much
as $6 a week, and over 40 per cent earn less than $6 even during the
busiest season. On the other hand, they rarely have such extremely
dull seasons, or seasons when there is no work at all, as the employees
in other industries encounter.
NEIGH BORH OO D DEPARTM ENT AND SMALL RETAIL STORES.
The hours of work here recorded are for women working in the
neighborhood department and small retail dry-goods stores of Chicago.
Such stores are located in districts several miles to the south, west,
and north of the large department stores on State street. These
districts are thickly settled by foreigners, where the women shop
with shawls over their heads and negotiate purchases in their native
language.
The general conditions and the working hours for the women
employed in the large downtown stores have been comprehensively
studied in other investigations of the Bureau of Labor (a) and have
changed so little that no study of them was made in connection with
the present investigation. Since mercantile establishments are not
included under the 10-hour law in Illinois, there are no restrictions
on the number of hours which women may be called upon to work in
these establishments. For the downtown stores the regular hours are
from 8 o’clock in the morning until 6 in the evening, with three-quar
ters of an hour for luncheon. These hours may be shortened a half
a Report on Condition of Woman and Child Wage-Earners in the United States:
Vol. V, Wage-Earning Women in Stores and Factories. 1910. (61st Cong., 2d sess.,
S. Doc. No. 645.)
892
BULLETIN OF TH E BUREAU OF LABOR.
hour either in the morning or evening for a part of the employees, but
the normal hours for all are either 8, 8 f, 9, 9J, or 9£ hours each day.
Speaking of the wage-earning women in the stores in 1908 and 1909
the report on wage-earning women in stores, factories, mills, etc.,
already referred to, says:
In addition to the regular hours of work, nearly all women are
required to do “ overtime work” in busy seasons, such as Christmas,
before special sales in their departments, and when inventory is taken.
A woman in charge of the section may have to remain frequently after
the store is closed. * * * In 60 per cent of the cases, however,
the “ overtime work” is done within a period of from 1 to 3 weeks
before Christmas. Some of the stores are open every night (except
Sunday night) from 10 days to 2 weeks before the holidays. In these
stores the girls generally work at night for a week to prepare for the
rush. In cases where the girls remain until 10.30 p. m., l i p . m., or
midnight, an effort is sometimes made to relieve the strain by allowing
them to report from one-half hour to 1^ hours late the next day.
This does not always happen, however. Even in the stores that are
closed to patrons after 5.30 p. m. the girls do overtime work at this
season. The chief hardship of this extra work arises from the
necessity of standing throughout such a long day— 11 or 12 hours, and
in extreme cases, even 14 hours. More than one woman reported
spending all of Christmas day in bed as a result. Supper, or supper
money, ranging from 25 to 50 cents if she is a saleswoman, is the usual
compensation for overtime work. In the alteration and millinery
departments, where overtime work is required for from 4 to 6 weeks
in busy seasons, a regular rate per hour, sometimes higher than the
schedule rate, is paid. In one store a “ gift” of $5 is given at Christ
mas to all employees who have worked in the establishment a year or
longer. If, however, a girl loses 1 day of the week preceding Christ
mas, the “ gift” is not forthcoming.
Such slight changes as have been made since the writing of the
above report are in the line of greater concessions as to the time girls
must report for duty in the morning when they have worked more
than the normal number of hours the preceding day.
Basing the estimate on the number of women employed in the estab
lishments covered by this report and the number of listed firms of
similar character and size, there are approximately 10,000 saleswomen
in the neighborhood department and retail dry-goods stores of
Chicago. In other words, about two-fifths of Chicago's retail-store
women work under conditions differing materially from the conditions
surrounding the 15,000 women employed in the downtown depart
ment stores.
The normal hours of work per day and per week and the hours dur
ing the busy season in each of the 11 stores included in the investiga
tion are shown in the following table.
893
HOURS OF WAGE-EAR NIK" G W O M E N IN CHICAGO.
HOURS OF LABOR OF WOMEN EMPLOYED IN NEIGHBORHOOD DEPARTMENT AND
SMALL RETAIL DRY GOODS STORES DURING NORMAL PERIODS AND DURING THE
RUSH SEASON OF 1909, AS REPORTED BY EMPLOYERS.
Number of women
employed.
Normal hours for women 16 years and over.
Busy season.
Es
tab
lishment 16 Un
Wed
Sat Total Dura
num years der Total. Sun Mon Tues nes Thurs Fri ur hours tion
day. day. day. day. day. day. day.1 per
16
in
ber and
week. weeks.
! over. years.
1 ..
2 ..
4 .
3 ...
5 ...
6 ..
138
75
50
25
10. ...
11....
Total
618
8
..
9.......
4
6
6
72
170
25
45
6
7 ....
(a)
8
6
8
26
101
11
11
9
12
10
81
8*
8§
11
11
138 (*)
79 (0
50 *4
25
6 (/)
6
80
176
25
53
6
644 ...
1
t
84
9
9
9
11
8
101
10.1
84
9
9
9
11
8
81
8§
9
9
9
io9|
si
104
11
11
11
12
10
101
101
101
11
11
84
9
9
9
8
8
81
81
81
9
9
114 6581
c60f
12 *63
12
59
95
/ 60
11 ft 55
59
H I
12
594
111 59
12
61
11
60
ell
2
dl§
2
1
2
10
2
2
2
2
1
Num Num Num
ber of ber of ber of
hours hours
second first hours
week week day
before before before
Christ Christ Christ
mas. mas. mas.
68
66
73
59
62
ft66
66
664
65
72
60
d
77
72
82
64
62
ft 66
714
72
72
72
66
13
*124
14
m
9 8“
ft 12
131
12i
122
12S
11
.
aA
few married women and a few girls under 10 years of age work occasionally mornings and evenings.
6 Girls have to work 4 hours every sixth Sunday.
c Employer stated 3 hours on Sunday and employees had to report only once a month. All employees
gave 4 hours on Sunday and said they had to report every other Sunday. Also reported additional 14
hours on Saturday night.
d Employees reported 2 full weeks, which increased the hours considerably; 14 hours were reported
Christmas Eve.
« Girls work every other Sunday 4 hours.
/ Girls work 4 hours on Sunday once a month.
g Day before Christmas was Friday and the Jewish Sabbath began at 5 p. m., so the store was closed
ft The employer stated that the women did not work certain nights and came late in the morning. The
girls were not only seen working the nights when they were reported off, but were seen coming an hour
earlier in the morning. This would make at least a 61-hour week.
The total number of women 16 years of age and over employed in
the 11 representative neighborhood stores covered by the investiga
tion was 618, or approximately 6 per cent of the adult women
employees in the neighborhood department and other retail stores of
Chicago. In addition there were reported 26 girls under 16 who
came under the regulations of 8 hours a day. Five of the stores
reported an extra force, usually married women or girls under 16, who
worked nights or mornings, but vrho were not counted a part of the
regular force. Of these 618,100, or about 16 per cent, were personally
interviewed on the subject of working hours during the level of busi
ness of 1909 and 1910 and during the rush periods of 1909. They are
all women who have been working in stores at least since the early
part of 1909, and could, therefore, give information for that year.
Many of them are women of long experience in the business, who
began working at the age of 14 or even younger.
The neighborhood department store may be called a modern depart
ment store on a small scale or a large old-fashioned general merchan
dise store. It supplies every want of the families in the neighborhood
from groceries and furniture to evening dresses and tailor-made suits.
Since it is in the midst of foreign settlements the saleswomen must
894
BULLETIN OF TH E BUREAU OF LABOR.
speak not only English, but at least one other language. Girls were
found who spoke Bohemian, Polish, Russian,German, and English. The
Lithuanian girls are especially in demand because in addition to Lithu
anian they usually speak Polish, Bohemian, and German. One Lithu
anian girl who could not speak English was found working in a store,
but she was as valuable to the store as the girl who spoke only English.
The saleswomen live in the neighborhood and know the people who
trade at the store. Since most of the women who patronize these
stores belong to wage-earning families and are occupied with house
hold duties during the day, it is their custom to shop in the evening.
At such times the husbands can stay at home and take care of the
children, or go with the wives to approve or disapprove of the pur
chases. It hardly seems necessary, however, for the women to stay
at home during the day to care for the children. In front of one of
the large stores visited by the agent, the sidewalk was lined with
go-carts, guarded by a store employee, who issued identifying brass
checks therefor to the mothers desiring to shop.
Establishment No. 1 in the foregoing table shows long hours
throughout the year on Monday, Thursday, and Saturday evenings.
This means that the store was nominally open until 9 o’clock on Mon
day and Thursday evenings and until 10 o’clock on Saturday evening.
The store was also open on Sunday morning, but only one or two
girls were required in each department to care for the trade. Each
girl, therefore, had to report for work on Sunday only about once in
6 weeks, making her average weekly hours for the year 58§ instead
of 58. In this store the girls did not have to report for work until
8.30 a. m. In most of the other stores they had to be on duty at 8
a. m., regardless of the closing hours. In establishments Nos. 7, 8,
and 9 the women were not required to go to work until 8.20 a. m.
All the large stores in each neighborhood close at 6 p. m. three
nights in the week. On the other nights they remain open until
9 o’clock at least and on Saturday night until 10 o’clock. In
different neighborhoods the nights for opening and closing vary, and
in one neighborhood all the stores were closed on Sunday. In the
other neighborhoods the stores were open Sunday morning, but not
all the girls had to report for work every Sunday. In the accom
panying table extra hours for the year were added in terms of weekly
averages to the total hours for the week under the heading of normal
hours. Thus in the case of No. 1, once every 6 weeks the girls must
work a 62-hour week. In the case of No. 3, the strain was much
greater, for every other week a girl would have to work 65 hours
instead of 61. The owner of establishment No. 2 reported that his
employees worked on Sunday only once a month and then only 3
hours. His employees on the main floor, however, reported that
they had to work 4 hours every other Sunday. Instead of 60 hours,
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
895
therefore, for 3 weeks of the month and 63 on the fourth week, they
worked 60 hours one week and 64 the next throughout the year.
This rule applies to all of his women employees except the few on
the upper floors who do not work at all on Sundays.
The normal hours as given in the tabulation for the establishments
are strictly true for four of the stores. For the other seven stores
the hours as reported are only approximately correct, as the indi
vidual employees interviewed reported longer hours in almost every
case. This is explained by the fact that on the nights when the
stores remain open the doors are open until the last customer has
gone,, even though this may be some time after the nominal closing
hour. Thus in one store that was supposed, to close at 9 p. m. on
Thursday night no one ever got away before 9.05 and many could not
leave before 9.30 p. m. The Saturday night closing hour is very
elastic. Some stores that are supposed to close at 10 p. m. are open
any time from 10.3Q p. m. to 11 p. m. and even later.
In the case of establishment No. 6, the manager reported the
hours as given, saying the girls did not go to work until 9 a. m. and
did not work on Tuesday, Wednesday, and Friday evenings. Later
this store was visited on evenings when it was reported as closed, and
not only was the store open, but the very girls who said they did
not work on the evenings named were found selling goods. They
were also seen going to work at 8 a. m. instead of 9 a. m. It was not
possible to talk to the girls alone, for the manager followed the agent
around whenever such an attempt was made. Thus, 67 hours a
week would be more truthful than 55 hours. The latter probably
shows more nearly what could be done to shorten hours than what
is done.
The need of keeping these neighborhood stores open evenings on
half of the nights each week seems to be due rather to competition
between stores than to the real need of the customers. Both managers
and girls reported that not many years ago the stores were open every
night except one. Now they are closed three nights a week. The
owner of a large store in one neighborhood reported that he does
better business now than he did under the longer hours, and if all the
stores were obliged to close earlier he would be glad to close, for he
could so arrange the hours that there would be no inconvenience to
him. In another near-by neighborhood the large stores have closed
all day Sunday for more than a year. The manager of the largest
one stated that there had been no loss of trade because of the closing.
The people quickly learned to adapt themselves to the store hours.
Since the saleswomen in these stores speak the language and know
the taste of the people who buy of them, and since even car fare
downtown is an expense item to be considered among the people of
these neighborhoods, there seems little danger that the neighbor641810—No. 91—11----- 3
896
BULLETIN OF T H E BUREAU OF LABOR.
hood stores would be deserted for the downtown stores. Besides,
they are too great a convenience in a city of “ long distances.”
Among the more experienced saleswomen who were interviewed
on the subject, the general opinion was that the people could be
educated to do shopping during the week days just as well as at night
and on Sundays. But all the stores would have to close or none could
afford to. The saleswomen complain bitterly of the long hours of
standing even when there is no rush season. Many when asked con
cerning their health, reported swollen and aching feet and frequently
broken arches, painful menstruation, and other disorders. In a few
of the stores stools are provided and the girls are advised to sit
down when not busy. . In other stores the only seats the girls had
were boxes that they hunted up themselves.(a) They were afraid to
use even these when the managers or floor men were around. The
most bitter complaints were of the added long hours of Saturday
night, especially when they had to get up and work again Sunday
morning. In spite of the fact that the larger stores close half of the
evenings in a week, there are small stores, employing from 1 to 6
women each, wThich stay open either every night in the week or every
night but one. Of course, the number of saleswomen in these small
stores compared with the total number in neighborhood stores is
veiy small and not representative of general conditions. In one
neighborhood two small stores wTere found to be open every night
until 10 o'clock; three wTere open four nights until 10, and one was
open four nights until 9.30. The regular hours for a woman in
another small store were found to be 65 each week, and 73 hours for
4 weeks before Christmas. She reported very little opportunity to
sit down. When she was not waiting on customers, there was
cleaning and straightening up to do about the store.
However, in spite of the strain of long hours on half of the days of
the year, the greatest strain occurs during the stores' busy season in
December. This lasts from 1 to 2 weeks before Christmas each year—
in the largest number of stores 2 full weeks before Christmas Day.
The only exception to this rule was the 10 weeks reported by a cloak
and suit store (establishment No. 6). Four of these 10 weeks were be
fore Christmas and 6 before Easter. However, as has been explained,
the hours reported by the employer for these 10 weeks are not as
long as the actual working hours in this store. During the holiday
busy season the stores remain open every night in the week from 9 to
11 o'clock, depending on the customers. On Christmas Eve the closing
« A law requiring “ a reasonable number of suitable seats,” and permission to use
them when “ employees are not necessarily engaged in the active duties for which
they are em ployed,” and their use “ at all times when such use would not actually
and necessarily interfere with the proper discharge of the duties of such em ployees,”
has been in force in Illinois since January 1, 1910. (See Bulletin 85, p. 547.)
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
897
hour was even later. The hours reported by the managers for these
2 weeks are very conservative statements of the case. They may
have desired to close at the time they reported, but the doors were
not closed or the lights turned out, and the saleswomen had to remain
and serve customers until 9.30, 10, and 10.30 every evening the first
week,and until 10,10.30,11,11.30,12,and even 1 o'clock everyevening
the week before Christmas. Some could leave earlier than others, for
whenever business ceased in a department the girls were allowed to go.
A study of the hours reported by individuals will give a fair idea of the
strain of those 2 weeks. Thus, 32 out of the 100, or almost one-third
of the individuals, reported 80 hours or more for the week before
Christmas. Only 1 of the 32 had worked less than 72^ hours the
week before that. One saleswoman at a bargain table reported 76£
hours the second week before Christmas and 86J hours the week
before. The culmination of the strain ended Christmas Eve with a
13-hour day. None of these girls worked less than 13 hours the day
before Christmas and 1 reported working 14 J hours. Fifty-six more
of these saleswomen, or 88 out of the 100, worked more than 70
hours the week before Christmas, and only 22 of these had less than
70 hours the week before that. Out of the 100, 12 reported working
only between 60 and 70 hours these 2 weeks. Of the 100, 20 girls
worked 14 hours or more the day before Christmas, 39 more, or 59
out of the 100, worked 13 hours or more the day before Christmas.
Only 5 worked less than 12 hours on this day, and 2 of these were in a
store owned by Hebrews who closed at 5 o'clock on Friday, since
Christmas happened to fall on Saturday in 1909.
Not only are the hours increased to meet the Christmas rush, but
more help is employed. Even then, however, each employee is
worked to the limit of endurance. Two girls reported a week's
illness in bed as a result of the strain of the busy season, and nearly
every girl reported excessive pains in the feet and extreme exhaustion.
The following is a verbatim extract from a letter written by a girl
in a neighborhood store to a city department, under the evident
assumption that jurisdiction lodged in such department. The girl
was afraid to sign her name lest her “ boss” might hear of it and she
would lose her position. The appeal and the sentiment are typical
of the utterances of all of the girls who had an opportunity to talk
when no one connected with the store was within hearing.
C h i c a g o , III., M a y 2 3 , 1910.
I am writing you a few lines, to ask you If you would
please be so kind and Do me a favor, there is so many Rules now
about diferent things that I Dont se W hy aint there a Rule of having
the stores closed evenings W hy Its a sham the Way. the store
keepers make us Poor Girls work 14 and 13 § hours a Day and then
If a Person askes to get of a evening W hy thy scold and Wont let us
off. I am a poor hard Working girl and 1 must Work for our Family
Because I have no father and I am sick to On account of Working so
D
ear
Sir :
898
BULLETIN OF T H E BUREAU OF LABOR.
Many hours a day. so I thought If I Will Write to You People If I
coulcl be helped Out some W ay I think If thy Would close every
evening and keep Open Saturday Eve till 9 o’clock that Would be
ood to Because If they woud close W hv the People Would get use to
t and By in the Day time, and the <3irls Would have a little Rest.
I Work Every Day till 9-10 Oclock and Saturday till 11 or More and
then when I come home I am all tired Out and then I sleep a little
and then I Must get up agan in Morning and go to Work again and
thats the W ay It keeps up All the time and I never have a Rest. I
Wish you People have Pitty On us Poor girls and try and have the
stores Closed. Make them Close Every Eve Except Saturdays and I
Will Be Very Glad.
This Will be all I can think of Just Now I would like to sign my
name But I am afraid that If my Boss would get to fine this Out Bfe
Would fire me and I Must Work.
In the individual tabulation at the end of this article are given the
normal weekly earnings of the girls. In some cases, as indicated, a
small sum is paid in addition from commission on sales, or from
“ p. m.’s.” (°) In 13 of these cases the commission as reported was
over $2 weekly; in only one case was it as high as $5 weekly. The
amount varies so greatly each week that it was very difficult to get
at an average sum in each case. The majority of the girls made about
a dollar each week— sometimes more, sometimes less— in this way.
Two reported that they made only a few cents each week. One store
regularly pays 2 per cent commission on all sales. This system of
payment was started to increase the interest of the employees and
each girl’s salary was reduced $2 a week. It must be borne in mind,
in connection with the earnings reported here, that they are for girls
who have had at least a year and a half of experience. Not a girl
reported any additional compensation for the long hours of the two
weeks before Christmas. Those who received a commission made
more from additional sales, but the rate of commission remained the
same.
f
HOURS AND EARNINGS IN DETAIL.
The individual tabulations, by industries, presented below, to
which previous references have been made, present in detail the main
facts which were secured direct from the employees. Two facts con
cerning this data should again be noted: First, a considerable part
of this information is based on pay-roll data for the year 1908, secured
in 1908-9, and although employers and employees agreed that it was
representative for 1909 as well, it is likely not to be an overstatement,
as 1908 was a year of considerable industrial depression; second, a
part of the data secured from employees in 1910, which covers the
years 1908 and 1909, was taken in the presence of foreman or employer,
and it therefore is also likely to be an understatement rather than an
overstatement of the facts.
aA “ p. m .” is a bonus on undesirable goods.
899
HOURS OF WAGE-EARNING W O M E N IN CHICAGO,
The columns under the heading “ Hours and earnings for a week of
the busy season” represents a typical busy week of 1908 or 1909 for
the mechanical industries, and such a week for 1908, 1909, or 1910 for
mercantile and transportation companies.
The column under the heading “ Rate of pay per week” is the
normal rate which a woman earns in a regular full-time week. In the
case of time workers, this is the fixed rate per week at which they are
employed. For pieceworkers the figures in this column represent
what the workers can earn if they work full time under no special
pressure, i. e., it is what they can earn if they do not have to wait for
work, and are working at that normal speed which they regularly
maintain.
HOURS OF L A B O R AND EA RN IN GS OF IN D IV ID U A L WOMEN EM PLO YE D
IN SELECTED IN D U STR IE S D U RIN G A W E E K OF T H E B U SY SEASON.
C A N D Y F A C T O R IE S —8 E S T A B L IS H M E N T S .
Indi
vid
ual Age.
num
ber.
Hours and
earnings for
a week of
busy season.
Occupation.
Rate
of pay
per
To Total week.
tal earn
hours. ings.
Forewoman___
Dipper, chocoHelper.............
Dipper, choco
late ................
Dipper, choco6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39.
40
41
42
Packer.............
Dipper.............
Packer.............
Packer.............
Corn ball maker.
Packer............. .
General worker..
Packer............. .
Packer............. .
Dipper............. .
Batcher.............
Packer..............
Packer............. .
Packer..............
Packer..............
Com ball maker.
Dipper..............
Packer..............
Packer..............
Packer..............
Packer..............
Dipper, bonbon.
Packer___
Packer___
Packer__
Packer__
Packer___
Packer__
Wrapper..
Com ball maker.
Dipper...............
Packer...............
Corn bail maker.
Packer...............
Packer...............
Packer...............
Bonbon roller... 1
92J
(a)
921$27.75
921 16.18
$13.00
<•)
8.25
921 18.50
10.70
92*
921
921
921
851
85
85
85
85
85
85
85
85
85
85
85
85
85
85
85
85
85
831
831
83
81*
81|
81
81
81
80
80
80
80
80
80
80
80
10.70
13.40
14.21
13.40
5.50
18.51
23.12
23.12
23.12
8.25
6.37
12.75
19.83
8.50
8.50
10.62
7.08
8.50
6 .37
6.37
5.26
8.17
6.35
7.79
7.79
6.04
11.85
9.94
'6.96
7.65
15.15
10.62
11.08
10.29
15.83
12.32
8.00
6.00
7.65
6.27
6.00
6.00
7.33
(a)
9.00
14.00
6.00
6.00
7.50
5.00
6.00
4.50
4.50
4.00
(®)
4.50
5.50
5.50
4.50
8.00
6.72
5.00
5.50
(a)
(a)
7.00
6.50
10.00
6.00
6.00
4.50
(a)
4.50
4.50
4.50
5.50
Indi
vid
ual Age.
num
ber.
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
a Not reported.
19
18
16
16
16
22
17
17
40
31
25
32
30
30
35
22
22
24
23
24
21
24
22
22
21
22
23
22
23
19
23
20
20
18
20
20
20
18
20
19
19
18
19
20
Occupation.
Weigher............
Dipper..............
Dipper...............
Helper...............
Dipper...............
Packer...............
Packer...............
Charge of supply
room...............
Packer...............
Packer...............
Dipper...............
Dipper...............
Coater...............
Packer...............
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Wrapper...........
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Packer...............
Packer...............
Packer...............
Dipper...............
Dipper...............
Dipper,machine.
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Packer...............
Dipper...............
Packer...............
Packer...............
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Hours and
earnings for
a week of
busy season. Rate
of pay
per
To Total week.
tal earn
hours. ings.
79
78*
784
78*
784
784
784
$8.84
9.00
13.48
7.30
7.92
9.65
8.13
784
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
9.65
11.30
11.37
11.85
9.65
9.75
9.75
8.13
15.50
16.84
13.78
18.08
13.19
18.18
13.20
14.31
13.40
11.37
11.37
11.19
9.75
8.15
13.91
8.13
15.75
16.35
12.45
13.65
13.54
12.62
12.35
13.59
16.97
15.36
16.88
13.75
15.04
16.50
7.20
9.00
4.50
5.40
6.00
5.00
6.00
7.00
7.00
(®)
6.00
6.00
6.00
5.00
10.70
(a)
(a)
(«)
8.00
9.00
(a)
(°)
(®)
7.00
7.00
7.00
6.00
7.65
(a)
5.00
(®)
(a)
(a)
(a)
(a)
9.00
(a)
7.20
6.50
(a)
(a)
(a)
(a)
900
BU LLETIN OF TH E BUREAU OF LABOR
HOURS OF L A B O R AN D EARN IN GS OF IN D IV ID U A L WOMEN EM PLO YED
IN SELECTED IN D U STRIE S D U RIN G A W E E K OF TH E B U SY SEASON—
Continued.
C A N D Y F A C T O R IE S —S E S T A B L IS H M E N T S —Continued.
Indi
vid
ual Age.
num
ber.
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
Hours and
earnings for
a week of
busy season.
Occupation.
Dipper...............
19 Dipper...............
19 Packer...............
20 Candy roller......
20 Packer...............
18 Dipper...............
19 Packer...............
19 Dipper...............
18 Packer...............
18 Dipper...............
18 Packer...............
17 Packer...............
16 Tray carrier.......
16 Helper...............
17 Packer...............
17 Packer...............
17 Packer...............
17 Packer...............
17 Wrapper...........
32 Packer...............
45 Forewoman.......
26 Lozenge cutter..
30 Chocolate dipper.
48 Helper...............
16 Nut filler...........
16 Dipper...............
17 Dipper...............
17 Wrapper...........
17 Packer...............
17 Packer...............
16 Sorter................
16 Packer.............
16 Dipper...............
17 Dipper...............
17 Packer...............
17 Dipper...............
17 Dipper...............
17 Dipper...............
18 Dipper...............
19 Chocolate maker
18 Packer...............
19 Packer...............
18 Packer...............
18 Dipper...............
19 Packer...............
20 Packer...............
18 Dipper...............
21 Dipper...............
22 Packer...............
19 Dipper...............
20 Packer...............
22 Wrapper............
17 Batcner.............
17 Crystal helper...
25 Dipper...............
33 Packer...............
19 Packer...............
17 Fruit cutter.......
16 Tray carrier.......
16 Packer...............
16 Tray carrier.......
(a) General worker.
16 Packer..............
19 Dipper...............
16 Dipper...............
23 Packer..............
17 Batcher.............
16 Packer..............
18 Chocolate maker
27 Packer...............
20
Rate
of pay
per
To Total week.
tal earn
hours. ings.
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
78
77
77
77
77
77
77
77
77
77
77
77
77
77
77
76
76
75
75
75
75
75
75
74
$13.66
11.37
11.27
11.37
(a)
$7.00
7.00
10.56
6.50
(a)
7.00
(•)
7.00
(a)
11.85
11.37
10.80
11.37
10.02
8.13
9.75
8.13
8.13
8.13
9.75
8.15
9.75
8.16
14.63
17.88
13.00
12.20
12.20
6.17
7.31
7.31
7.31
8.13
8.94
8.13
9.75
8.13
8.13
9.65
11.94
16.00
14.55
10.44
6.94
7.31
8.13
8.03
12.80
9.75
9.65
11.34
14.82
11.37
13.37
9.65
7.70
6.42
8.94
25.22
13.30
8.13
6.07
6.97
6.17
7.31
5.70
8.00
8.00
7.42
9.10
5.62
5.62
9.25
11.19
7.00
5.00
6.00
5.00
5.00
5.00
6.00
6.00
6.00
5.00
9.00
11.00
8.00
(a)
7.00
4.50
4.50
4.50
4.50
5.00
5.50
5.00
6.00
5.00
5.00
6.00
9.00
12.60
(a )
5.40
4.50
4.50
5.00
5.00
(a)
6.00
6.00
9.90
9.00
7.00
9.00
6.00
6.00
5.00
5.50
9.00
8.00
5.00
4.00
4.50
4.00
5.00
4.50
6.00
6.00
(a)
(a)
4.50
4.50
6.00
7.00
Indi
vid
ual Age.
num
ber.
Occupation.
165
166
167
Packer
17 Batcher__
17 Packer
17 Timekeeper.......
22 Soaker on (mac
aroons^ .
18 Wrapper__
21 Stock keeper__
18 P a c k e r and
wrapper
__
20 Dipper, bonbon.
22 Packer__
21 Dipper, choco-
168
17
157
158
159
160
161
162
163
164
21
1
169
170
171
172
173
17
17
19
26
38
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
27
30
32
26
195
196
197
198
199
17
18
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
a Not reported.
21
20
20
20
20
20
18
18
19
18
19
19
19
20
18
17
16
20
32
20
21
22
22
18
19
16
16
16
16
16
17
20
20
22
24
17
45
17
16
25
25
Dipper, choco
late .
Wrapper__
W rapper__
Packer.............
Packer.............
Packer (forewo
man)..............
Packer..............
Packer...............
Packer.............
Wrapper........
Packer.............
Packer...............
Packer..............
Packer.............
Packer...............
Packer...............
Packer__
Packer.............
Packer...............
Packer...............
Packer.............
Packer...............
Wrapper...........
Packer...............
Packer...............
Packer...............
Dipper, choco
late.................
Batcher.............
Dipper..............
Packer...............
Packer...............
Dipper...............
Packer...............
Dipper...............
Packer...............
Dipper...............
Dipper...............
Nougat maker...
Packer...............
Packer...............
Batcher.............
Batcher.............
Packer..............
Com ball maker.
Dipper...............
Dipper..............
Forewoman.......
Batcher.............
Packer..............
Packer..............
Packer...............
Packer...............
Packer...............
Hours and
earnings for
a week of
busy season. Rate
of pay
per
week.
To Total
tal earn
hours. ings.
74 $11.47
74 5.55*
74 7.58
73£ 7.35
$7. l>o
73
73
73
V*/
4.50
5.00
6.00
\)
7.70
9.00
(a )
(a)
73 8.40
73 9.50
73 12.13
(a)
(a )
(a)
73
13.50
(a )
73
16.50
(a )/
V
73 12.00
72\ 6.65
72 8 .75
(a)
\ J
5.5C
6.00
72 16.35
10.80
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
12.00
72
72
72
72
72
72
72
72
70§
70
70
70
70
70
70
70
70
70
70
70
70
69§
69*
69"
69
69
69
12.00
13.80
9.60
(a)
15.60
(a)
15.30
10.67
8.00
12.67
8.00
(a)
14.55
(a)
13.25
(a)
14.25
(a)
13.80
(a)
16.20
(a)
11.35
(a)
10.62
(a)
10.62
(a)
10.15
9.00
6.00
9.12 i (a )
7.50 |
1 5.00
6.30
6.20
6.00
9.00 :1j
6.00
6.00
i
5.67 i 4.00
6.65 |i 5.50
7.08 | 5.00
18.40
5.75
13.14
5.50
21.20
9.00
8.75
6.00
10.10
9.00
7.09
5.00
7.38
6.00
(a)
7.41
5.25
3.50
5.25
4.50
4.67
4.00
5.25
4.50
4.50
4.50
6.00
6.00
9.33
7.00
(a)
10.60
(a)
10.50
15.00 j 15.00
5.79
5.00
(a)
8.76
(a)
7.91
7.92
4.50
12.54
8.25
12.09 i 7.80
901
HOURS OF WAGE-EARNING W O M E N IN CHICAGO,
HOURS OF L A B O R AND EARN IN G S OF IN D IV ID U A L WOMEN EM PLO YED
IN SELECTED IN D U STRIE S D U RIN G A W E E K OF TH E BU SY SEASON—
Continued.
C A N D Y F A C T O R IE S —8 E S TA B L IS H M E N T S —Continued.
Indi
vid
ual Age.
num
ber.
221
222
223
224
225
226
227
223
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
17
19
17
17
18
20
20
18
19
22
21
26
18
18
19
18
16
43
36
23
23
20
16
32
16
22
20
243
22
249
250
251
252
253
254
255
28
38
38
30
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
22
20
16
16
16
17
17
16
19
18
16
16
16
16
16
17
16
16
16
17
17
17
18
18
19
19
20
19
33
18
27
19
23
Hours and
earnings for
a week of
busy season.
Occupation.
Wrapper...........
Packer...............
Crystal helper...
Packer...............
Dipper...............
Dipper...............
Packer..............
Packer..............
Sorter................
Packer..............
Packer..............
Dipper...............
PacKer..............
Wrapper...........
Packer..............
Dipper...............
Packer..............
Packer..............
Dipper...............
Inspector...........
Wrapper...........
Packer..............
Wrapper...........
Packer..............
Crystal helper...
Packer..............
Dipper, chocoDipper, choco
late .................
Packer..............
Sorter, hall____
Dipper...............
Packer..............
Roller, candy...
Dipper...............
Dipper, chocoWrapper...........
Batcher.............
Corn ball maker.
Packer...............
Dipper...............
Packer...............
Packer...............
Sorter................
Corn ball maker.
Helper...............
Wrapper...........
Wrapper...........
Wrapper...........
Corn ball maker.
Batcher.............
Wrapper...........
Wrapper...........
Packer..............
Packer...............
Com ball maker.
Wrapper...........
Wrapper...........
Packer...............
Forewoman.......
Packer..............
Dipper..............
Packer..............
Wrapper...........
Wrapper...........
Wrapper...........
Rate
of pay
per
To Total week.
tal earn
hours. ings.
69
69
69
69
C9
69
69
69
69
69
69
69
$8.50
9.00
6.37
11.73
6.67
7.30
7.20
8.75
10.10
13.15
12.78
6.67
6.85
(1 ! 5.87
68
7.22
$6.00
8.00
4.50
9.37
5.00
5.00
5.00
6.00
7.00
7.50
<«)
5.00
6.00
5.00
6.00
5.00
4.50
5.00
67*
67*
67*
67*
66*
66*
66*
66*
66*
66*
66 '
6.25
5.06
5.62
6.75
9.00
7.58
7.15
4.99
9.62
5.25
7.13
(a)
66
15.50
(a)
66
66
66
66
66
66
66
10.45
9.52
7.50
7.11
(a)
6.88
9.52
15.36
6.36
4.50
5.50
10.85
8.63
5.44
8.25
6.25
5.67
65 4.33
65 4.50
65 4.33
65 4.87
65 4.87
65 4.87
65 4.87
65 4.33
65 5.60
65 5.42
65 6.50
65 4.87
65 4.87
65 6.50
65 6.50
65 9.75
65 8.12
65 5.42
64* 6.46
64* 10.00
64 5.35
64 5.32
66
66
66
66
66
66
66
66
66
6.00
8.00
6.50
6.00
4.50
7.00
4.50
7.00
6.00
5.50
5.50
7.00
7.00
4.50
4.50
5.00
4.50
5.00
4.50
6.00
5.00
4.00
3.75
4.30
4.00
4.50
4.50
4.50
4.50
4.00
5.40
5.00
5.00
4.50
4.50
6.00
6.00
9.00
7.50
5.00
5.00
8.00
(«)
(*)
a Not
Indi
vid
ual Age.
num
ber.
286
287
288
289
290
291
18
16
16
19
16
25
292
293
17
16
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
23
20
21
19
17
18
17
19
17
17
17
17
17
16
16
16
17
17
17
16
17
19
17
20
19
19
18
18
18
19
19
54
23
21
21
22
21
23
24
18
18
(a)
37
35
25
25
(a)
21
22
24
19
20
20
18
19
Occupation.
Forewoman.......
Batcher.............
Wrapper...........
Forewoman.......
Wrapper...........
Dipper, choco
late.................
Wrapper...........
N u t ca n d y
maker............
Dipper..............
Packer..............
General worker..
Packer..............
Wrapper...........
Packer..............
Wrapper...........
Corn ball maker.
Packer..............
Packer...............
Packer..............
Corn ball maker.
Dipper...............
Packer..............
Packer...............
Wrapper...........
Packer...............
Dipper, choco
late................
Cora ball maker.
Packer..............
Dipper...............
Corn ball maker.
Dipper..............
Dipper..............
Dipper...............
Wrapper...........
Packer..............
Packer..............
Packer..............
Com ball maker.
Packer..............
Dipper..............
Wrapper...........
Dipper..............
D e p a rtm e n t
head...............
Dipper..............
Dipper..............
Dipper..............
Dipper..............
Dipper..............
Packer..............
Wrapper...........
Wrapper...........
Dipper..............
Dipper...............
Dipper...............
(a)
Packer..............
Dipper...............
Packer..............
Forewoman.......
Packer..............
Packer..............
Wrapper...........
Dipper, choco
late.................
Hours and
earnings for
a week of
busy season. Rate
of pay
per
To Total week.
tal earn
hours. ings.
64 $8.39
63* 5.29
63* 4.48
63* 9.52
63* 7.56
63
63
63
63
63
63
62*
62*
62
61*
60*
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
60
9.45
7.20
9.00
5.00
6.24
5.50
11.00
6.00
10.56
7.12
6.25
5.21
. 6.78
5.80
7.06
8.74
8.01
8.41
8.24
7.65
6.50
6.50
6.22
6.78
6.77
6.53
5.97
8.61
3.60
8.22
7.22
6.69
6.59
5.46
8.87
8.51
8.28
8.40
5.50
8.01
9.95
60 8.00
60 11.21
60 11.03
60 7.68
60 7.63
60 8.03
60 8.47
60 4.50
60 6.00
60 6.33
60 8.55
60 9.08
60 6.86
60 8.42
60 8.00
60 6.48
60 14.25
60 10.50
60 6.57
60 4.92
60
$6.50
5.00
4.01
9.00
4.50
8.54
6.50
4.50
6.00
5.00
5.50
5.00
7.00
4.50
5.00
4.50
(«)
(a)
(a)
4.50
5.00
4.50
5.00
5.00
4.50
6.00
4.50
4.50
(a)
5.00
5.00
(®)
5.00
5.00
6.00
6.00
5.50
(®)
(a)
8.00
6.00
(•)
(<*)
6.00
5.00
5.00
4.50
6.00
5.00
(a)
6.00
4.50
(«>
8.00
(a)
12.00
(a)
(«)
4.50
(a)
902
BULLETIN OF TH E BUREAU OF LABOR,
HOURS OF L A B O R AND EA RN IN GS OF IN D IV ID U A L WOMEN EM PLOYED
IN SELECTED IN D U STR IE S D U RIN G A W E E K OF TH E BU SY SEASON—
Continued.
C A N D Y F A C T O R IE S —8 E S T A B L IS H M E N T S —Continued.
Indi
vid
ual Age.
num
ber.
349
350
351
352
353
354
355
350
357
20
17
17
16
16
22
17
18
24
358
18
Hours and
earnings for
a week of
busy season.
Occupation.
Corn ball maker.
Corn ball maker.
Packer...............
Packer...............
Com ball maker.
Wrapper...........
Packer...............
Packer...............
Dipper, chocolate.................
Dipper, choco-
Rate
of pay
per
To Total week.
tal earn
hours. ings.
60
60
60
60
60
60
60
60
$6.85
8.20
8.85
5.50
8.19
6.92
8.08
5.00
60
9.69
(a)
60
60
9.03
6.08
(a)
5.00
60
5.77
7.91
6.72
4.50
7.50
5.00
359
360
20
17
Wrapper...........
Dipper, choco-
361
362
363
16
19
48
364
16
Dipper...............
60
Dipper...............
60
Dipper, chocolate.................
60
Dipper, choco
late .................
60
Panker.............
60
Dipper, choco
late .................
60
Dipper, bonbon.
60
Dipper, choco
late.................
60
Wrapper............
60
Dipper, bonbon.
60
Wrapper...........
60
Packer..............
60
Wrapper...........
60
Wrapper...........
60
Wrapper............
60
Dipper...............
60
Packer...............
60
Packer...............
60
Packer...............
60
Com ball maker.
60
Weigher............
60
Packer.............
60
Packer...............
60
Dipper...............
60
Batcher.............
60
Dipper, choco
late.................
60
Wrapper............
60
Packer.............
60
Packer............... ' 60
Dipper............
60
Packer...............
59
Dipper
59
Com ball maker.
59
Packer ...........
59
Com ball maker.
59
Packer...............
59
Packer ...........
59
Dipper...............
57
Packer
57
Dipper...............
57
Packer (fo re wnman). .
57
Dipper .......... .
57
Dipper...............
57
Dipper.............
57
Wrapper...........
57
Wrapper............
57
365
366
18
17
367
368
17
17
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
16
17
16
16
16
17
21
\)
17
17
16
16
16
16
16
16
16
17
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
17
38
42
16
19
17
18
16
17
16
16
20
32
27
35
402
403
404
405
406
30
35
28
28
30
5.50
6.40
5.08
$6.00
(a)
(a)
(a)
(a)
(a)
4.50
5.00
5.50
(a)
(a)
8.75
9.35
5.00
6.00
8.28
7.927.74
6.92
6.40
4.50
7.12
7.94
9.95
4.65
4.00
4.50
4.50
4.50
4.50
4.50
4.00
4.00
5.00
4.50
4.50
(a)
4.50
4.50
5.00
5.00
(a)
4.00
4.00
4.50
4.50
4.50
4.50
4.50
(a)
4.00
5.44
5.83
6.50
8.50
15.88
6.52
11.87
7.17
4.35
3.93
4.71
5.94
7.00
11.37
12.17
(a)
6.00
6.00
7.87
13.50
(«)
12.60
5.00
4.00
4.50
4.50
4.00
14.00
10.78
10.02
9.81
8.00
7.65
(a)
7.00
(a)
Indi
vid
ual Age.
num
ber.
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
30
25
22
21
22
23
22
21
21
19
18
18
19
18
19
18
18
18
20
17
16
17
17
17
16
16
17
16
16
17
437
438
439
16
15
14
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
21
20
16
16
17
17
18
23
18
35
16
(a)
23
21
15
20
23
17
17
17
17
461
462
463
464
465
466
467
468
469
470
17
16
17
23
23
18
23
42
(a)
19
14.00
11.40
10.00
12.15
8.00
(«)
a Not reported.
Occupation.
Wrapper...........
Head packer___
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Packer...............
Wrapper...........
Dipper...............
Dipper...............
Packer...............
Dipper...............
Dipper...............
Packer...............
Sorter................
Machine dipper.
Machine dipper.
Packer...............
Dipper...............
Packer...............
Dipper...............
Dipper...............
Dipper...............
Packer...............
Errand girl........
Machine dipper.
Dipper, bonbon.
Crystal helper...
Work distribu
tor..................
Machine dipper.
Helper...............
Dipper, choco
late.................
Packer...............
General work.. .
Nut filler...........
Nut filler...........
Packer...............
Packer...............
Dipper...............
Dipper...............
Dipper...............
Dipper...............
Corn ball maker.
Com ball maker.
Dipper...............
Packer...............
Nut filler...........
Lozenge cutter..
Dipper...............
Wrapper...........
Packer...............
Corn ball maker.
Dipper, choco
late.................
Packer...............
Packer...............
Corn ball maker.
Wrapper...........
Packer...............
Wrapper...........
Dipper...............
Dipper...............
(«)
Dipper...............
Hours and
earnings for
a week of
busy season. Rate
of pay
per
week.
To Total
tal earn
hours. ings.
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
57
$7.94
7.50
12.56
12.12
11.77
10.52
6.50
6.00
5.00
12.68
9.28
8.50
8.06
9.66
6.50
5.00
5.50
5.00
5.50
8.00
8.00
7.26
6.56
6.84
6.50
6.00
5.00
5.50
4.50
$9.37
7.50
(a)
16.20
12.15
11.40
(a)
6.00
5.00
9.00
(a)
8.50
(a)
(a)
6.50
5.00
5.50
5.00
5.50
(°)
(a)
7.20
(a)
(a)
6.50
6.00
5.00
5.50
4.50
57
57
57
4.50
4.50
4.50
4.50
4.50
4.50
57
57
57
57
57
57
57
55J
551
551
55
55
55
54
54
54
54
524
50
50
50
4.50
5.96
5.42
5.42
4.69
6.88
4.87
9.21
7.57
6.50
9.30
4.12
4.12
(a)
7.50
3.00
6.00
8.08
6.08
5.20
3.75
4.50
5.50
5.00
5.00
4.50
(a)
4.50
(a)
(a)
(a)
(a)
4.50
4.50
(a)
7.50
3.00
6.00
(a)
6.00
(a)
4.50
50
50
50
50
50
50
50
50
50
48
48
5.22
6.48
6.00
7.00
5.00
4.93
5.50
6.05
6.17
4.50
10.20
(a)
5.00
(a)
5.00
6.00
6.00
4.75
6.00
4.50
4.50
(*)
903
HOURS OF WAGE-EARNING W O M E N IN CHICAGO,
HOURS OF LA B O R AND EARN IN GS OF IN D IV ID U A L WOMEN EM PLO YED
IN SELECTED IN D U STRIE S D U RIN G A W E E K OF TH E BU SY SEASON—
Continued.
C A N D Y F A C T O R IE S —8 E S T A B L IS H M E N T S —Concluded.
Indi
vid
ual Age.
Dum
ber.
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
23
20
18
17
16
37
19
20
17
16
19
22
18
18
16
Hours and
earnings for
a week of
busy season.
Occupation.
Dipper...............
Packer...............
Dipper...............
Packer..............
Wrapper...........
Lozenge cutter..
Dipper...............
Packer..............
Batcher.............
Wrapper...........
Packer..............
Packer..............
Dipper...............
Dipper...............
Wrapper...........
Rate
of pay
per
To Total week.
tal earn
hours. ings.
$12.00
n
47*
47*
45
45
42f
42f
40
40
40
40
38
38
33*
10.10
11.00
6.48
3.37
4.17
6.82
5.69
3.10
7.53
5.29
4.17
5.61
4.78
2.33
8
$10.20
(a)
4.50
5.00
(a)
(«)
4.50
5.00
(«)
6.50
(a)
6.00
4.00
Indi
vid
ual Age.
num
ber.
486
487
488
489
490
491
492
493
494
495
496
497
498
499
Occupation.
Dipper...............
Packer...............
Packer..............
Packer...............
22 Dipper..............
17 Dipper...............
21 Com ball maker
Forewoman.......
22
27 Packer..............
32 Packer..............
16 Wrapper...........
18 Packer..............
(«) „ , (a)
22
Packer...............
25
19
17
23
Hours and
earnings for
a week of
busy season. Rate
of pay
per
week.
To Total
tal earn
hours. ings.
31* $10.48
30 4.50
30 2.27
30 3.66
28* 7.00
28* 3.50
25 1.87
25 3.75
24 2.75
24 2.75
23| (a)
2.50
20
.50
9
9 («)
$6.60
$6.12
6.00
(a)
6.00
7.20
7.00
4.50
9.00
6.00
7.00
4.00
6.00
3.00
4.00
P A P E R -B O X F A C T O R IE S —11 E S T A B L IS H M E N T S .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
19 Hand glue work
75? $8.50
er....................
18 Timekeeper....... , 73| 8.30
73* 8.45
26 Inspector...........
23 Hand glue work
69 15.52
er....................
68 13.60
19 Packer...............
19 Hand glue work
68 10.54
er....................
68 12.65
21 Forewoman.......
68 11.94
22 Comer stayer. . .
68
9.04
16 Flanger.............
18 Hand glue work
er....................
68 10.34
22 Wrapper............
68
7.70
19 Hand glue work
er....................
68 12.10
22 Hand glue work
8.16
er....................
68
21 Packer...............
8.16
68
24 Hand glue work
er...................
68 10.20
22 Hand glue work
er....................
68 10.40
21 Hand glue work
er....................
68 11.60
21 Hand glue work
er....................
68 12.25
21 Hand glue work
er....................
68 12.50
33 Hand glue work
er....................
9.45
68
29 Corner stayer...
68 10.35
32 Hand glue work
er....................
68 15.60
26 Forewoman.......
68 17.50
16 Hand glue work
er....................
68 10.20
33 Forewoman.......
68 17.50
18 Hand c o r n e r
stayer.............
68
9.15
18 Metal stayer......
6.85
68
16 Bender..............
68
5.60
17 Comer stayer...
5.95
68
16 Coverer.............
5.90
68
5.90
16 Coverer.............
68
16 Closer................
68 12.24
16 Gluing-machine
operator.........
68
6.75
$6.00
6.00
6.00
12.00
12.90
7.25
9.86
9.25
7.05
8.00
6.00
34
35
36
37
38
39
40
41
42
43
44
45
10.20
46
7.90
7.55
47
48
8.75
49
8.00
10.20
10.20
10.20
(o)
8.00
12.00
13.50
9.00
13.50
7.00
5.00
4.00
4.50
4.50
4.50
5.75
6.00
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
a Not reported.
17 Hand glue work
er....................
16 Hand glue work
er....................
16 Coverer.............
16 Comer stayer.. .
17 Packer...............
16 Closer................
16 Corner stayer.. .
17 Hand labeler___
17 Wrapper............
17 Machine stitcher
16 Hand glue work
er....................
17 Hand glue work
er....................
17 Hand glue work
er...................
20 Hand labeler___
20 Hand glue work
er....................
18 Hand glue work
er...................
20 Packer...............
19 Coverer.............
19 Hand labeler__
18 Machine labeler.
18 Wrapper...........
18 Coverer.............
18 Corner stayer__
18 Coverer.............
18 Wrapper...........
20 Hand glue work
er...................
20 Coverer.............
19 Coverer.............
19 Hand glue work
er ...................
18 Machine labeler.
18 Hand glue work
er...................
20 Hand glue work
er...................
20 Gluing-machine
operator.........
26 Forewoman . . . .
25 Forewoman___
21
Flanger.............
22 Folder...............
68
$6.45
68
68
68
68
68
68
68
68
68
6.85
6.85
7.00
7.40
7.90
7.35
8.05
8.40
68
8.75
7.80
68
10.45
10.20
68
68
11.55
13.60
5.45
•
8.10
5.00
5.00
6.00
(a)
6.00
5.50
7.20
8.35
(a)
6.00
(a)
68
6.80
68
68
68
68
68
68
68
68
68
68
6.50
13.60
8.45
13.60
9.15
13.60
9.18
8.50
18.36
10.80
68
68
68
10.05
13.60
18.36
7.56
10.45
10.45
68
68
10.60
10.50
7.80
9.00
68
11.80
(«)
68
12.40
8.40
674 10.12
65* 14.00
65* 14.00
65* 6 .39
65? 4.37
7.75
4.50
9.50
(a)
9.80
(a)
9.70
9.10
6.50
8.95
9.40
12.00
12.00
(a)
(a)
904
BULLETIN OF TH E BUBEAU OF LABOR,
HOURS OF LA B O R AND EA RN IN G S OF IN D IV ID U A L WOMEN EM PLOYED
IN SELECTED IN D U STR IE S D U RIN G A W E E K OF TH E BU SY SEASON—
Continued.
P A P E R -B O X F A C T O R IE S - 1 1 E S T A B L IS H M E N T S -C ontinued.
Indi
vid
ual Age.
num
ber.
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
Hours and
earnings for
a week of
busy season.
Occupation.
Hand glue worker...................
18 Hand glue worker...................
18 Coverer.............
19 Coverer.............
18 Coverer.............
19 Coverer.............
19 Coverer.............
20 Coverer.............
20 Coverer.............
20 Coverer.............
18 Coverer.............
19 Coverer.............
19 Coverer.............
19 Folder...............
16 Coverer.............
17 Coverer.............
17 Coverer.............
17 Coverer.............
17 Timekeeper___
16 Coverer.............
16 Folder...............
16 Coverer.............
17 Coverer.............
16 Folder...............
17 Coverer.............
16 Folder...............
20
(a)
(a)
19 Coverer.............
18 Coverer.............
19 Coverer.............
20 Coverer.............
18 Coverer.............
18 Coverer.............
17 Coverer.............
16 Hand labeler__
17 Hand glue la
beler...............
16 Coverer.............
17 Coverer.............
16 Hand labeler___
16 Coverer.............
16 Coverer.............
17 Coverer.............
17 Coverer.............
16 Coverer.............
16 Coverer.............
16 Coverer.............
16 Coverer.............
17 Hand labeler__
17 Coverer.............
17 Coverer.......
17 Folder.............
17 Coverer.............
16 Coverer.............
16 Coverer.............
16 Folder___
17 Coverer.............
(«)
<«)
22 Hand glue work
er...................
19 Coverer..........
20 Coverer............
20 Coverer.............
16 Folder...............
16 Folder...............
23 Hand glue work
er...................
Rate
of pay
per
To Total week.
tal earn
hours. ings.
65§ $15.75
65* 10.18
65* 7.50
653 7.34
C5§ 6.66
65| 6.11
65| 5.45
65§ 5.63
653 5.15
65| 6.00
653 4.15
65§ 4.50
65§ 4.38
653 2.72
653 7.25
653 7.27
65§ 7.20
653 6 .75
65§ 5.83
653 4.00
653 3.00
653 3.60
65§ 3.75
65§ 3.66
653 5.04
653 3.75
65* 4.50
65* 12.05
65* 7.00
65* 6.62
65* 6.00
65* 5.50
65* 4.66
65* 8.75
65* 8.15
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65*
65
7.87
6.24
6.31
5.63
5.34
5.62
5.60
5.88
4.92
4.16
4.70
4.61
4.50
4.55
4.71
3.00
3.12
3.15
3.30
3.12
3.52
3.40
65
65
65
65
65
Co
4.43
7.00
5.82
4.50
3.50
3.44
65
11.70
$13.50
9.25
<a)
6.40
(a)
(a)
(a)
.(a)
(a)
(«)
(a)
(a)
(a)
(a)
(a)
(a)
(a)
(a)
5.00
(a)
Indi
vid
ual Age.
num
ber.
135
136
137
18 Closer................
Coverer.......
18 Hand glue work
er....................
16 Hand labeler___
17 Coverer.......
20
138
139
140 (a)
141 17
142 17
143 16
144 17
145 28
146
147
22
21
148
149
20
150
16
17
151
26
152
153
30
25
154
32
155
20
156
157
158
20
(a)
(a)
(a)
159
26
160
24
(a)
(a)
(a)
161
23
(a)
(a)
(a)
3.20
4.55
(a)
(a)
8.00
(a)
(a)
(a)
(a)
(a)
(a)
(a)
<«)
(a)
(a)
(a)
(a)
(0)
(0)
(a)
(a)
(a)
(a)
(a)
(a)
(a)
(«)
(a)
(a)
6 .75
(a)
(a)
3.50
(«)
Occupation.
19
18
162
20
163
17
164
165
166
167
16
16
17
19
168
20
169
170
171
172
173
174
19
19
19
16
17
16
175
176
177
178
179
180
131
16
17
16
16
18
23
19
182 18
183 20
184 18
10.70
a Not reported.
(a)
Coverer.......
Coverer............
Hand labeler__
Closer..........
Hand glue work
er.........
Packer .
Hand glue work
er ............
Wrapper.......
Hand glue work
er...................
Hand glue work
er...................
Hand glue work
er....................
Corner stayer__
Hand glue work
er....................
Hand glue work
er....................
Hand glue work
er....................
Wrapper.
W rapper___
Hand glue work
er. . . . . . . . . . . . .
Hand glue work
er....................
Hand glue work
er....................
Hand glue work
er....................
Hand glue work
er....................
Hand glue work
er....................
Neck squeezer...
Labeler.............
Taper................
Gluing-machine
operator..........
Hand glue work
er....................
Wrapper...........
Coverer.............
Wrapper...........
Hand labeler__
Hand labeler___
Hand glue work
er....................
Corner stayer....
Coverer.............
Folder...............
Packer...............
Packer...............
Coverer.............
Gluing-machine
operator.........
Machine labeler.
Ender................
Coverer..............
Hours and
earnings for
a week of
busy season. Rate
of pay
per
week.
To Total
tal earn
hours. ings.
65 $8.15
65 12.00
65
65
65
65
64
64
63§
63§
8.40
13.00
7.00
2.77
4.34
5.05
5.62
6.25
(a)
$9.65
7.90
7.80
<a)
(a)
(a)
(a)
(a)
(a)
63* 11.45
63* 9.11
9.50
63* 9.53
63* 9.11
8.90
8.00
63
7.56
6.15
63
6.12
6.00
63 11.15
63 11.81
9.45
8.00
(a)
63
9.45
63
9.45
9.00
63
63
63
9.45
10.80
9.00
8.10
8.87
8.10
(a)
63
7.97
7.00
63
9.45
7.75
63
10.15
9.45
63
9.45
8.75
63
11.57
9.45
63 7.56
63 4.70
62* 4.56
62* 7.63
62*
6.60
(a)
4.00
6.75
6.85
6.00
62* 7.97
62* 7.97
62* 7.40
62* 7.40
62* 7.80
62* 5.20
7.00
7.00
6.50
6.50
62* 5.70
62* 6.46
62* 6.46
62* 5.12
62* 7.37
62* 10.63
62* 8.55
62* 6.26
62 8 .47
62 15.12
62 10.81
(a)
4.50
5.00
5.75
5.75
4.50
(a)
(a)
7.50
5.50
(«)
(a)
(0)
905
HOURS OF WAGE-EARNING W O M E N IN CHICAGO,
HOURS OF LA B O R AND EA RN IN GS OF IN D IV ID U A L WOMEN EM PLO YED
IN SELECTED IN D U STRIE S D U R IN G A W E E K OF TH E BU SY SEASON—
Continued.
P A F E S fB O X F A C T O R IE S —11 E S T A B L IS H M E N T S —Continued.
Indi
vid
ual Age.
num
ber.
185
186
187
18ft
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
286
227
228
229
230
231
Hours and
earnings for
a week of
busy season.
Occupation.
19 Coverer..............
19 Bender..............
Pattern setter...
Ender................
18 Hand glue worker...................
18 Gluing-machine
operator.........
19 Coverer.............
25 Hand labeler—
27 Hand glue worker...................
38 Hand glue worker...................
32 Hand glue worker...................
35 Hand glue worker...................
27 Hand glue worker...................
28 Machine labeler.
29 Hand glue work
er ...................
27 Hand glue work
er...................
38 Hand glue work
er...................
23 Coverer.............
23 Hand glue work
er...................
22 nand glue work
er...................
21 Hand
labeler
worker...........
Laeer.................
21
23 Labeler.............
23 Hand glue work
er...................
23 Hand glue work
er...................
23 Coverer.............
23 Corner stayer__
24 Hand glue work
er....................
24 Hand glue work
er...................
33 nand glue work
er...................
18 Corner stayer....
19 Hand labeler__
19 Corner stayer__
20 Glue work taper.
22 Hand glue work
er...................
20 Hand glue work
er...................
17 Closer................
16 Hand glue work
er..................
16 Closer................
16 Gluing-machine
operator.........
17 Hand labeler___
17 Coverer.............
17 Hand labeler___
17 Labeler.............
17 Machine labeler.
17 Labeler.............
16 Hand glue work
er...................
20
20
Rate
of pay
per
To Total week.
tal earn
hours. ings.
(a)
62 $11.22
62 12.00 $11.57
62 11.16 11.07
62 12.40 10.63
62 12.40
8.53
5.00
7.20
62 5.70
62 9.92
62 10.97
(a)
62 10.52
(a)
62 10.53
(a)
62
(«)
11.06
62 11.16
10.50
62 9.96
62 : 10.85
(a)
62
9.60
(a)
62
9.13
(a)
62 8.52
62 10.42
(a)
(<*)
62
9.23
(o)
02
12.40
9.82
9.22
8.61
62 12.40
62 9,25
62 17.83
(a)
62
8.53
(a)
62
62
62
9.92
9.11
9.70
62
9.30
<*>
62
9.21
(a)
8.18
9.25
8.00
9.30
Indi
vid
ual Age.
num
ber.
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
288
269
62 8.90
62 8.65
62 9.3ft
62 9.11
62 11.63
(a)
8.43
62
7.10
<*)
272
273
62
62
5.12
6.66
(a)
4.50
274
275
62
62
4.52
9.12
4.00
7.20
276
277
278
279
62 5.70
62 8.75
62 8.42
62 12.40
62 7.57
62 7.21
62 9.20
61§ 10.96
8.00
(a)
9.38
5.00
(a)
(a)
8.67
(a)
6.50
<a)
(a)
270
271
280
281
282
283
284
a Not reported.
Occupation.
17 Coverer.............
28 Coverer............
Packer...............
16 Folder___
24 Machine folder..
16 Folder...............
19 Hand glue work
er...................
19 Wrapper...........
40 Hand glue work
er...................
19 Packer...............
20 Wrapper...........
18 Hand glue work
er...................
18 Labeler.............
16 Labeler.............
17 Wrapper...........
16 Hand glue work
er...................
16 Coverer.............
23 Corner slayer__
17 Coverer.............
17 Gluing-machine
operator.........
16 Gluing-machine
operator.........
18 Coverer.............
17 Folder, machine.
18 Corner stayer__
18 Labeler.............
19 Coverer.............
18 Corner stayer__
18 Corner stayer__
27 Hand glue work
er...................
28 Coverer.............
19 Hand labeler__
18 Gluing-machine
operator.........
26 Hand glue work
er...................
22 Corner stayer__
24 Packer.. . .
18 Hand glue work
er..................
17 Closer................
17 Hand glue work
er...................
22 Machine gluer...
22 Hand glue work
er...................
18 Hand folder......
16 Hand glue work
er...................
20 Hand glue taper.
16 Hand glue work
er...................
22 Peeler........
18 Peeler...........
18 Folder...............
22 Hand glue work
er...................
18 Packer..........
17 Flanger.............
17 Hand glue work
er...................
18 Labeler..........
18 Hand glue work
er...................
21
Hours and
earnings for
a week of
busy season. Rate
of pay
per
To Total week*
tal earn
hours. ings.
61§ $3.56
OlJ 8.97
61* 9.36
61 3.40
61 10.00
61 3.98
61
61
7.93
7.97
61
61
61
7.62
6.67
7.71
61
61
61
61
9.15
8.55
4.40
8.56
fa)
$8.00
(a)
(a)
9.00
3.50
7.55
7.00
(a)
6.00
7.0G
8.52
(a)
4.00
(°)
61 7.55
61 4.56
61 10.32
60§ 4.45
(a)
V og
(a)
(a)
CO-’
5.56
5.00
60*
60
60
60
60
60
60
60
6.05
9.60
7.63
9.18
7.43
4.92
7.11
7.21
60 11.16
60 9.21
60 5.45
60
5.51
5. To
8.97
(o)
6.30
9.00
4.50
6.50
6.50
9.30
8.50
5.00
5.00
60 8 .C8
60 10.80
60 9.55
(a f
CO 8.15
59§ 7.26
(a)
59*
59*
4.87
9.35
9.51
8.50
(a)
t
4.501
7.70
59* 6.48
59* 8.03
6. 00 '
59* 6.72
59* 8.70
6.25
8 . 1C
59*
59*
59*
59*
7.00
6.90
12.50
8.80
13.06
6.40
11.50
8, io
59* 7.79
59* 5.10
£9‘ 4.23
7.20
5.0C
(°)
59
59
5.15
6.56
59
6.32
li. oq
4.50
(a)
7.00
906
BULLETIN OP TH E BUREAU OF LABOR,
H O U RS OF LA B O R AN D EA RN IN GS OF IN D IV ID U A L WOMEN EM PLOYED
IN SELECTED IN D U STR IE S D U R IN G A W E E K OF TH E BU SY SEASON—
Continued.
P A P E R -B O X F A C T O R IE S —11 E S T A B L IS H M E N T S —Continued.
Indi
vid
ual Age.
num
ber.
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
Wrapper............
Hand glue worker...................
16 Closer................
17 Hand glue worker....................
16 Folder...............
16 Coverer.............
16 Coverer.............
16 Coverer..............
17 Coverer.............
17 Hand labeler__
17 Coverer.............
17 Coverer..............
17 Coverer.............
17 Folder...............
17 Folder...............
17 Coverer..............
17 Hand labeler__
17 Coverer.............
16 Hand glue work
er...................
16 Hand labeler___
16
16
17
17
309
17
310
17
311
312
313
314
315
17
17
17
16
16
316
17
17
16
17
320
321
322
323
324
19
19
18
19
19
325
19
326
19
327
19
328
329
330
331
332
333
18
18
20
20
20
18
334
335
18
19
336
337
338
Occupation.
17
17
307
308
317
318
319
Hours and
earnings for
a week of
busy season.
19
18
21
Neck squeezer...
Hand glue work
er...................
Folder...............
Hand glue work
er...................
Hand glue work
er....................
Hand glue work
er...................
Comer stayer__
Coverer.............
Machine labeler.
Coverer.............
Hand glue work
er...................
Hand glue work
er...................
Folder...............
Coverer.............
Hand glue work
er....................
Coverer.............
Closer................
Coverer.............
Machine labeler.
Hand glue work
er...................
Hand glue work
er....................
Hand glue work
er....................
Hand glue work
er...................
Coverer.............
Timekeeper.......
Coverer.............
Coverer.............
Coverer.............
Hand glue work
er...................
Coverer.............
Gluing-machine
operator.........
Coverer.............
Coverer.............
Machine labeler.
Rate
of pay
per
To Total week.
tal earn
hours. ings.
Indi
vid
ual Age.
num
ber.
59
$7.02
(a)
339
22
59
59
6.75
3.70
$5.90
3.50
59
59
59
59
59
59
59
59
59
59
59
59
59
59
59
2.44
2.80
2.82
1.90
2.64
3.00
3.13
3.C6
3.70
3.60
3.62
3.05
3.82
3.39
3.63
(a)
2.50
(a)
3.85
(a)
(«)
3.00
(a)
(a)
(a)
2.75
(a)
4.80
4.20
2.75
340
341
342
343
344
345
346
347
24
19
18
18
18
18
18
18
348
349
350
351
352
353
16
24
24
22
25
25
354
355
32
29
59
59
59
59
59
3.90
3.80
3.76
4.50
(°)
(a)
4.00
4.00
4.00
(a)
(a)
59
4.53
59
4.70
5.60
59
59
59
59
59
4.94
4.69
4.13
4.72
4.70
(a)
5.90
4.50
(a)
5.60
59
4.50
4.50
59
59
59
5.26
5.20
5.64
6.85
(a)
9.00
59
59
59
59
59
8.77
1.95
3.37
3.22
3.78
(a)
(a)
(a)
3.75
3.00
59
3.33
(a)
59
3.48
(a)
59
4.79
5.50
59
59
59
59
59
59
4.50
4.25
5.00
5.54
5.20
5.00
4.50
(a)
5.00
5.00
3.60
6.00
59
59
5.58
5.74
7.50
(a)
59
59
59
59
6.49
7.00
7.10
4.51
356
16
357
358
18
17
359
16
360
361
362
363
364
365
(a)
(a)
18
20
17
18
366
367
368
16
18
35
369
370
371
372
373
374
375
376
22
19
17
17
17
20
16
33
377
378
379
380
381
382
383
384
385
21
23
19
21
24
24
23
16
17
386
23
Occupation.
Hand glue work
er....................
Pattern setter...
"Bumper
Bumper............
Bum per
Bumper
Bumper
Wirer (hand)....
Gluing-machine
operator
Bumper............
Corner stayer__
Hand labeler___
Forewoman
Coverer
Hand glue work
er
Sweeper............
Assistant fore
woman...........
Hand glue work
er....................
Coverer................
Hand glue work
er.
Hand glue work
er....................
(°)
(a)
'
Hand labeler___
Bender..............
Coverer
Gluing-machine
operator
Folder...............
Ender.........
Hand glue work
er
Ender................
Coverer
Coverer
Coverer
Machine labeler.
Corner stayer__
Labeler .
Hand glue work
er...................
Machine labeler.
Coverer..............
Lacer
Labeler..............
Coverer
Labeler.............
Hand labeler___
Coverer..............
Hand glue work
er
Gluing-machine
operator
387
388
23
32
389
17
390 (a)
6. CO
7 60
20
391
(c)
392
21
(«)
a Not reported.
Carton folder___
Hand glue work
er...................
Hand glue work
er ..................
Assistant fore
woman..........
Corner stayer__
Pattern setter
(hand)...........
Hours and
earnings for
a week of
busy season. Rate
of pay
per
week.
To Total
tal earn
hours. ings.
59
59
59
59
59
59
59
59
$4.78
5.68
6.00
5.30
4.40
4*56
4.90
L67
$6.10
6.60
6.00
(a)
5.25
4 ! 20
3 ! 15
7.00
59
59
59
59
59
59
10.24
3.25
6.41
6.55
9.00
5’. 62
9.50
(a)
7.40
6.30
9 00
(a)
59
59
5.00
6*. 00
59
10.50
10.50
59
59
3.95
1.90
4.00
(a)
59
5.80
9.45
59
59
59
58}
4.70
3.23
3.48
5.35
if f
5.70
5.60
(a)
(®)
5.00
6.90
(a)
58
58
58
6.24
4*. 22
9.50
6.00
4.00
9.50
58
58
58
58
58
58
58
58
58
58
58
58
58
58
58
58
58
(0 )
V*)
0.00
8.50
8.50
10! 00
10! 00
9.00
7 ] 00
6.50
6.50
8.00
4.45
9.00
7^00
9.55
10.95
10.00
7.63
8.65
8.05
8.05
4.75
5.28
9.60
(a)
10.50
6*50
6.50
8.00
4.20
(\aJ)
14.50
(a\
[a]
4.50
5.00
58
4.40
4.50
58
58
8.27
12! CO
8.70
(a)
57} 10.10
(a)
57}
6.80
6.50
57}
57}
3.82
5.75
5.00
5.50
57}
7.32
7.00
907
HOURS OF WAGE-EARNING W O M E N IN CHICAGO,
HOURS OF LA B O R AND EARN IN GS OF IN D IV ID U A L WOMEN EM PLO YE D
IN SELECTED IN D U STRIE S D U RIN G A W E E K OF TH E BU SY SEASON—
Continued.
P A P E R -B O X F A C T O R IE S —11 E S T A B L IS H M E N T S —Continued.
Indi
vid
ual Age.
num
ber.
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
Hours and
earnings for
a week of
busy season.
Occupation.
18 Slitter................
22 Hand glue worker...................
21 Hand labeler___
17 Hand glue worker...................
16 Bender..............
19 Bumper............
45 Handglueworker................
22 Handglueworker...................
21 Handglueworker...................
16 Handglueworker...................
24 Coverer.............
26 Hand labeler___
21 Corner stayer__
17 Labeler.............
30 Coverer..............
(a)
(a)
26 Labeler.............
23 Hand glue work
er...................
21 Hand glue work
er...................
22 Hand glue work
er...................
18 Forewoman.......
19 Machine stitcher
16 Folder...............
17 Wire stitcher__
16 Hand glue work
er...................
17 Coverer__
16 Hand glue work
er..........„.......
18 Coverer.............
16 Folder...............
17 Hand glue work
er...................
17 Hand glue work
er...................
36 Forewoman.......
22 Assistant fore
woman...........
20 Hand labeler___
18 Assistant fore
woman...........
20 Closer................
18 Hand labeler___
20 Assistant fore
woman...........
18 Inspector...........
17 Inspector...........
17 Folder...............
16 Neck squeezer...
16 Hand glue work
er...................
16 Coverer.............
16 Hand labeler___
16 Coverer.............
16 Coverer..............
16 Coverer..............
16 Coverer..............
16 Coverer.............
17 Hand labeler___
17 Hand labeler___
Rate
of pay
per
To Total week.
tal earn
hours. ings.
57J $6.29
$6.00
574, 8.90
574 8.37
8.50
8.00
574 5.75
57" 4.15
57 5.05
5.50
4.00
5.40
57
6.40
6.75
57
6.22
57
8.55
57
57
57
57
57
564
564
56
5.20
9.57
8.81
11.00
5.20
8.22
3.26
7.05
56
7.03
56
7.00
(a)
56
56
56
56
56
7.31
7.50
6.15
3.00
3.60
(a)
(a)
56
56
6.70
9.35
(a)
56
56
56
7.10
6.73
4.47
11.20
(0 )
56
6.30
(a)
56
56
6.15
12.00
12.00
56
56
7.00
7.01
7.00
7.00
56
56
56
7.00
4.19
6.02
56
56 1
56
56
56
6.00
5.50
6.00
5.34
5.63
6.00
5.50
6.00
6.90
9.20
56
56
56
56
56
56
56
56
56
56
5.31
5.03
4.93
4.63
4.60
4.81
2.30
2.90
3.28
3.52
9.20
6.60
6.50
3.25
7.50
6.00
2.00
3.00
6.10
6.10
6.00
(a)
5.00
(a)
8.50
(a)
5.00
8.00
(0 )
(a)
8.40
7.50
6.00
3.00
6.75
fa)
(a)
7.00
(a)
6.50
Indi
vid
ual Age.
num
ber.
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
a Not reported.
Occupation.
General helper..
Timekeeper.......
Neck squeezer...
Packer...............
Repairer............
Closer................
Wire stitcher__
Wire stitcher__
Folder...............
Coverer.............
Hand glue work
er...................
18 Hand glue work
er....................
17 Coverer..............
47 Hot glue worker.
19 Folder...............
23 Corner stayer...
23 Coverer.............
26 Hot glue worker.
18 Comer stayer...
55 Printer..............
25 Creaser..............
17 Counter.............
17 Hand glue work
er...................
18 Hand labeler___
18 Press feeder.......
18 Hand glue work
er...................
18 Ender................
20 Comer stayer__
21 Hand glue work
er...................
30 Hand glue work
er...................
16 Hand glue work
er ...................
35 Hand glue work
er...................
17 Picker...............
34 Bender..............
19 Coverer.............
29 Hot glue worker.
18 Coverer.............
18 Bumper............
16 Coverer.............
16 Closer................
15 Feeder...............
24 Coverer.............
20 • Gummer...........
19 Closer................
16 Hand labeler___
16
16
17
21
18
17
21
27
22
24
17
(a)
(a)
19 Packer...............
17 Hand glue work
er....................
35 Forewoman.......
23 Paste work.......
18 Hand glue work
er....................
17 Puncher............
19 Ton labeler.......
25 Hand glue work
er...................
23 Hand glue work
er....................
18 Machine wrapper
20 Closer................
Hours and
earnings for
a week of
busy season. Rate
of pay
per
To Total week.
tal earn
hours. ings.
56
56
56
55|
55§
55?
55$
55|
55!
55!
$3.92
6.00
5.63
8.75
4.59
3.90
12.00
12.00
(a)
(a)
(«)
$6.00
9.20
(«)
5.00
6.00
(a)
(a\
(«)
(«)
55!
7.77
7.75
55!
55!
55!
55!
55!
55!
55!
55!
55
55
55
7.21
10.47
•(a)
7.80
8.00
11.00
7.56
7.50
12.00
5.00
7.25
(«)
10.47
(a)
7.80
8.00
11.00
55
55
55
6.55
6.50
7.50
6.60
6.50
7.50
55
55
55
8.00
9.91
10.10
(0 )
11.00
55
6.00
6.00
55
5.00
5.00
55
5.00
5.00
55
54!
54
54
54
54
54
535
53
53
53
53
52|
52!
52!
52|
5.00
4.30
3.83
6.15
13.62
5.36
5.08
3.92
4.56
6.44
10.50
7.00
5.77
7.87
3.03
6.25
(a)
52 5.63
51! 10.20
51! 11.90
5H
51
50!
4.50
4.60
7.25
(a)
7.50
(0 )
(a)
(a)
5.00
4.50
(a)
(a)
(0 )
(a)
7.35
(0 )
4.75
(0 )
(a)
(a)
(a)
(«)
(a)
(0)
(a)
12.00
( 0)
5.00
5.00
(a)
50! 12.00
( 0)
501 8.50
50! 8.42
50 4.20
(a)
(a)
7.20
908
BULLETIN OF TH E BUKEATJ OF LABOR,
HOURS OF L A B O R AND EA RN IN GS OF IN D IV ID U A L WOMEN EM PLOYED
IN SELECTED IN D U STR IE S D U RIN G A W E E K OF TH E B U SY SEASON—
Continued.
P A P E R -B O X F A C T O R IE S —11 E S T A B L IS H M E N T S —Concluded.
Indi
vid
ual Age.
num
ber.
502
503
m
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
Hours and
earnings for
a week of
busy season.
Occupation.
18 Coverer.............
24 Paste work........
50 Hand glue worker...................
21 Corner stayer...
17 Paste work.......
20 Corner stayer...
17 Hand labeler___
18 Gluing machine
operator........
19 Hand glue work
er................
20 Thumb hole cut
ter..................
IS Hand glue work
er...................
17 Laeer.................
18 Closer................
19 Closer................
22 Hand glue work
er....................
28 Hand glue work
er...................
16 Coverer................
18 Bender..............
16 Hand glue work
er...................
20 Machine labeler.
18 Hand glue work
er...................
42 Machine labeler.
17 Coverer.............
16 Packer...............
15 Wrapper...........
16 General work...
15 Hand glue work
er....................
16 Helper...............
16 Coverer.............
19 Wrapper...........
16 Hand glue work
er.....................
17 Coverer.............
16 Coverer..............
Coverer.............
(a )
( a)
Coverer.............
Coverer.............
16
23 Comer stayer__
Rate
of pay
per
To Total week.
tal earn
hours. ings.
50
50
50
50
50
50
50
(«)
110.00
(a)
(a)
C«)
(«>
(a)
(a)
(®)
(a)
3.48
(«)
50
4.17
$5.00
50
4.87
(a)
50
3.77
(a)
50
50
50
50
3.75
4.50
3.08
4.04
50
(a)
0.10
la)
4.50
6.00
(a)
9.00
7.50
50
50
49
8.70
4.38
4.25
49
49
4.75
(a)
2.61
(«)
49
49
49
48
48
48
3.89
3.22
4.23
3.63
6.43
(a)
(a)
(a)
14
48
48
48
48
(a)
(a\
<«)
(a)
(a)
48
48
48
48
48
48
4.94
4.94
3.76
1.73
1.56
3.55
5.00
m
8.50
6. CO
4.50
(®)
4.38
(a )
Indi
vid
ual Age.
num
ber.
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
(4
(a)
569
(a)
570
571
572
8.65
8.65
(a)
(a)
(a )
(a)
573
574
575
Occupation.
17 Hand labeler___
18 Coverer..............
Closer................
Hat-box taper...
18 H an d corn er
trimmer.........
18 Corner stayer__
18 Coverer..............
16 Hand glue work
er....................
16 Hand labeler__
16 Folder...............
45 Handglue work
er....................
34 Machine trim
mer................
16 Hand labeler___
16 Closer................
20
22
(a)
(a)
Bumper.............
Coverer..............
19 Closer................
17 Folder...............
21 Hand glue work
er....................
21
22
(a)
(a)
16 Closer................
19 Hat-box taper...
21 Hand labeler___
20 Hand labeler___
(a )
(a)
16 Hand glue work
er....................
17 Coverer.............
16 Packer...............
17 Hand glue work
er...................
16 Hand glue work
er........... ......
17 Coverer............
21 Closer................
20 Handglueworker.............
17 Closer................
16 Handglueworker............. .
18 Coverer..............
Hours and
earnings for
a week of
busy season. Rate
of pay
per
To Total week.
tal earn
hours. ings.
47 $6.63 $16.90
(a)
47
3.00
(a)
47
2.05
46§ 3.30
7.20
46$
46
45f
4.95
6.73
12.00
45
45
45
5.75
3.90
1.32
(a)
(a)
7.00
(a)
8.40
(«>
45
4.27
(a)
45
44jV
40
40
40
40
40
40
3.90
2.25
2.50
3.00
4.62
4.80
7.20
(«)
3.00
4.50
40
39§
38
37
35
35
32
5.95
.94
1.82
3.20
4.90
30
29
25
1.88
25
2.63
24
20
20
1.45
1.40
1.56
(a)
19
17
2.90
1.35
(a)
(a)
10
10
.38
.75
14
2.10
4.80
2.00
(«)
1.80
.90
6.00
6.00
4.20
(°)
(a)
6.00
(«)
2.65
6.00
5.25
4.50
(*)
3.90
(a)
w
(«)
(a)
(a )
(a)
S T E A M LA U N D RIE S—9 E S T A B L IS H M E N T S .
i
2
3
4
5
6
7
8
9
17 Mangle girl........
19 Mangle girl........
Mangle girl........
Head m a n g l e
girl.................
18 Starcher............
23 F o r e w o m a n ,
ironing depart
ment..............
17 Mangle girl........
19 Shaker and fore
woman...........
20 F o l d e r a n d
counter..........
20
21
$8.58
65$ 7.21
63f 7.65
$7.50
63$ 8.89
63 8.19
8.00
(a)
63 13.05
63 6.30
12.00
6.00
66
10
6.00
7.00
C3
8.19
7.50
63
9.70
9.00
11
12
13
14
15
16
17
18
19
20
a Not reported.
18 Mangle girl and
folder.............
23 , Sorter................
27 C o u n t e r and
folder.............
17 Helper on collar
machine.........
20 Starcher.......... .
22 Body ironer......
21 Starcher............
18 Folder...............
17 Mangle girl........
16 Folder...............
17 Marker............ .
62$ $8.13
62 13.05
62
60'
60
60
CO
$7.20
12.00
7.75
7.50
7.99
9.08
9.68
11.49
7.00
8.00
8.50
6.00
10.00
6.00
6.00
0.00
6.00
6.00
6.50
6.50
909
HOURS OF WAGE-EARNING W O M E N IN CHICAGO,
HOURS O F LA B O R AND EARN IN GS OF IN D IV ID U A L WOMEN EM PLO YE D
IN SELECTED IN D U STR IE S D U RIN G A W E E K OF TH E BU SY SEASON—
Continued.
S T E A M L A U N D RIE S—9 E S TA B L IS H M E N T S —Concluded.
Indi
vid
ual Age.
num
ber.
Hours mid
earnings for
a week of
busy season.
Occupation.
21
17 Sewing-machine
22
21
operator______
Lister................
Forewoman,
marking de-
23
24
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
18 SiTaker___ ____
......
18 Rhalrp.r
21 Shaker...............
19 Folder...............
23 Folder...............
19 Folder...............
18 Folder...............
27 Folder...............
17 Mangle girl........
17 Mangle girl........
18 Mangle girl........
19 Mangle girl.......
23 Bosom ironer___
18 Bosom ironer...
18 Sorter................
18 Sorter................
46 Hand ironer......
34 Hand ironer----25 Mangle girl........
19 Mangle girl........
17 Starehcr............
18 Mangle girl........
20 Body ironer.......
20 Mangle girl........
25 S o r t e r a n d
marker...........
19 H e a d c o l l a r
ironer.............
22 Body ironer.......
35 Hand finisher...
18 Lister and sorter.
40 Body ironer.......
22 Body ironer......
and
20 S o r t e r
checker.........
18 Collar ironer__
18 Collar ironer__
17 Bosom ironer__
17 Neckband ironer
34 Hand ironer......
35 Body ironer.......
18 Bosom ironer....
16 Yoke ironer.......
17 Collar ironer......
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
Rate
of pay
per
To Total week.
tal earn
hours. ings.
60 $6.00
60 10.90
$6.00
9.90
GO 13.10
60 5.50
GO 5.50
00
5.50
11.00
00
60
00
69
00
60
00
CO
60
CO
00
60
CO
595
595
59
59
581
581
58
58
6.00
6.50
7.00
7.00
7.00
6.50
6.50
6.50
5.50
9.00
9.00
7.50
6.00
8.92
8.33
6.88
6.12
7.61
7.06
5.50
5.50
5.50
6.00
6.50
7.00
7.00
7.00
6.50
6.50
6.50
5.50
9.00
9.00
7.50
6.00
8.17
7.63
6.67
6.12
7.00
7.0(5
8.12
0.00
5.62
8.12
12.00
11.34
58 10.76
58 11.80
58 13.00
58 9.00
58 9.32
58 7.00
10.00
11.00
11.88
9.00
7.98
7.00
7.50
7.70
9.17
9.15
8.50
9.00
7.98
7.00
7.50
7.00
9.00
9.15
8.50
6.00
6.00
58
58
57
57
57
56
56
55
55
55
55
6.50
8.37
8.64
7.00
6.50
Indi
vid
ual Age.
num
ber.
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
Occupation.
42 Hand ironer......
23 Collar ironer......
23 F o r e w o m a n ,
starching de
partment........
17 Mangle girl........
45 Starcher............
26 Collar ironer......
19 Sleeve ironer___
28 Hand ironer......
18 Mangle girl........
25 Hand ironer......
33 Hand ironer......
20 Hand ironer......
48 Mender..............
19 Sleeve ironer___
20 Collar ironer.....
21 Body ironer.......
26 Bosom ironer__
21 Bosom ironer__
30 Mangle girl........
17 Marker..............
20 Shirt finisher__
19 Neckband ironer
30 Dampener.........
35 Starcher.............
28 Starcher.............
30 Sorter................
27 Marker...............
18 Sorter................
28 Body ironer.......
22 Mangle girl........
27 Bosom ironer__
19 General worker..
21 Bodv ironer.......
18 Body ironer.......
16 Sorter and folder.
Hand ironer......
m
50 Shirt finisher__
22 Starcher............
30 Sorter................
29 Marker...... ____
46 Hand ironer......
18 Folder...............
19 Lister................
23 Mangle girl........
23 Checker............
26 Body ironer.......
19 Cuff ironer........
34 Hand ironer......
Hours and
earnings for
a week of
busy season. Rate
of pay
To Total i & L
tal earn
hours. ings.
55 $12.24 $12.24
54| 9.00
9.00
541
10.00
10.00
54
534
53|
53
53
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
52
515
514
48“
48
48
48
48
48
48
48
48
48
48
48
48
435
43
42
10.00
10.00
10.00
10.00
8.00
7.63
7.63
10.00
11.77
7.00
7.95
10.60
9.50
7.42
7.42
15.35
15.35
6.24
6.24
11.96 11.96
7.28 ! 6.52
6.09
6.76
9.36
8.44
8.32
7.44
9.18
8.16
7.98
8.67
6.24
5.76
6.72
7.28
7.20
8.16
7.14
6.72
5.76
6.50
10.20
9.60
8.32
7.68
9.88
9.12
9.88
9.12
6.00
5.52
8.66
8.18
*6.24
5.76
7.92
10.56
8.16
6.52
9.12
8.16
8.00
12.48
7.68
8.16
5.51
6.24
5.28
5.28
7.28
10.56
8.16
8.00
9.12
8.16
8.00
7.98
12.48
7.68
8.16
5.51
6.24
5.28
5.28
9.00
8.58
7.90
595 $10.00
595 13.25
$10.00
13.25
591 16.50
59“ 14.57
58 14.09
16.50
13.59
13.43
6.88
C L O TH IN G F A C T O R IE S —13 E S T A B L IS H M E N T S .
1
2
3
4
5
6
7
8
9
10
11
12
Hand finisher...
48 Alterer...............
21 Operator...........
42 Finisher............
21 Skirt fitter.........
28 Stitcher.............
19 Sleeve maker___
20 Collar maker___
21 Finisher............
23 Operator, braid
ing machine...
20 Baster...............
21 Operator...........
20
67 $9.38
64 11.02
16.00
6.64
18.00
60 13.08
60 7.20
60 14.30
60 13.28
625
6U
6 lf
60 5.52
59| 12.00
595 11.60
$7.70
10.00
15.22
6.00
15.00
11.99
6.63
14.30
13
14
15
16
17
18
12.00
19
5.52
20
21
12.00
11.60
a Not reported.
20 Baster...............
27 Operator, skirts.
23 Machine opera
tor........... .
23 Tacker...............
20 Operator, sleeve.
17 Operator, knit
ting machine..
17 Labeler a n d
stamper..........
27 Baster...............
29 *Operator, whole
cloak...............
58
6.44
6.00
575 6.35
575 9.02
6.00
575 18.00
18.00
9.02
910
BULLETIN OF TH E BUREAU OF LABOR,
HO U RS OF L A B O R AND EARN IN G S OF IN D IV ID U A L WOMEN EM PLOYED
IN SELECTED IN D U STR IE S D U R IN G A W E E K OF TH E BU SY SEASON—
Continued.
C L O TH IN G F A C T O R IE S —13 E S T A B L IS H M E N T S —Concluded.
Indi
vid
ual Age.
num
ber.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
Hours and
earnings for
a week of
busy season.
Occupation.
32 Cloak maker___
23 Skirt maker.......
34 Finisher............
20 Seamer..............
18 Searner..............
20 Hand spooler__
21 Hand spooler.. .
43 Finisher............
17 Collar padder...
17 Sleeve operator..
21 Lining maker...
21 Pocket maker...
20 Finisher............
30 Cloak m aker....
18 Operator............
20 Hand finisher...
17 Operator, braid
ing machine...
17 Operator...........
18 Knitter a n d
spooler............
18 General worker..
26 Tassel maker
and sewer.......
(a) Spooler a n d
knitter...........
17 Operator, braid
ing machine...
18 Braid measurer.
18 Silk spooler.......
18 Baster...............
24 Silk spooler.......
20 Pattern cutter...
17 Loop tacker.......
18 Flap maker.......
17 Operator, piping
machine.........
23 Pocket maker...
20 Joiner................
22 Collar sewer.......
19 Armhole baster.
24 Collar sewer.......
22 Examiner..........
17 Button sewer.. .
21 Machine worker.
18 Finisher............
16 Collar padder...
19 Coat finisher___
20 Sleeve tacker__
18 Sleeve overcaster
17 Machine worker.
Rate
of pay
per
To Total week.
tal earn
hours. ings.
57* $27.37 $27.37
12.00
57| 12.00
6.00
57* 6.21
9.73
57 10.08
57 14.65 14.14
6.00
56 6.22
6.00
56 6.16
8.33
55* 8.33
4.55
55* 4.55
6.10
55* 6.10
7.82
55* 7.82
14.76
55* 14.76
55* 11.32 11.32
55 14.30 14.30
6.48
54 6.48
54 12.04 11.82
54
54
5.25
5.25
5.25
5.25
54
54
5.50
5.50
5.50
5.50
Indi
vid
ual Age.
num
ber.
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
54
7.50
7.50
84
54
5.00
5.00
85
54 6.00
54 6.00
54 7.00
54 5.40
54 8.00
54 12.00
54 7.00
54 15.00
6.00
6.00
54
54
54
54
54
54
54
54
54
54
54
54
54
54
54
10.00
7.00
5.00
8.00
12.00
7.00
15.00
10.00
16.00
10.50
17.00
15.00
18.00
14.00
7.00
13.00
9.50
5.50
7.00
16.00
10.50
17.00
15.00
18.00
14.00
7.00
13.00
9.50
5.50
7.00
11.00
6.00
8.00
11.00
6.00
8.00
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
Occupation.
26 Edge baster.......
19 Hand button
hole maker___
18 Hand button
hole maker___
18 Creaser...............
18 Pocket tacker...
20 Joiner................
25 Finisher a n d
ripper.............
45 Ironer................
21 Hand finisher...
16 Hand finisher...
20 Operator............
20 Operator............
18 Spooler..............
31 Machine oper
ator................
44 Finisher.............
28 Machine oper
ator................
23 Buttonhole-ma
chine operator.
19 Machine oper
ator................
23 Machine oper
ator................
22 Machine oper
ator................
19 Machine oper
ator................
28 Machine oper
ator................
19 Machine oper
ator................
25 Machine oper
ator................
20 Machine oper
ator................
19 Operator............
24 Machine oper
ator................
29 Pocket maker...
19 Finisher.............
16 Button sewer__
16 Hand spooler__
16 Fringe maker...
16 Machine oper
ator................
15 Baster and fin
isher...............
Hours and
earnings for
a week of
busy season. Rate
of pay
per
week.
To Total
tal earn
hours. ings.
54 $9.72
$9.72
54
19.28
19.28
54 17.00
54 8.00
54 10.00
54 18.00
17.00
8.00
10.00
18.00
53*
53
53
53
52*
52*
52*
5.83
17.48
8.45
5.35
52
50
9.88
9.50
10.00
10.00
6.44
8.91
6.44
8.40
11.66
11.66
5.83
17.48
8.45
5.35
50
8.00
8.00
50
11.00
11.00
50
9.70
9.70
50
8.50
8.50
50
12.00
12.00
50
12.00
12.00
50
8.00
8.00
50
8.00
8.00
50
9.00
9.00
491 21.60
49* 17.40
21.60
17.40
49*
48
48
48
45*
45*
16.48
10.48
7.39
3.84
4.38
3.75
15.98
10.48
7.39
3.84
4.38
3.75
45*
4.-16
4.16
42
3.00
3.00
60*
60*
60*
60*
60*
60*
60*
60*
$5.45
15.00
4.84
6.05
7.60
6.82
9.61
5.45
$5.22
15.00
4.64
5.80
CORSET FACTORY.
1
2
19
16
3
4
5
21
9
16
17
17
17
16
24
10
18
6
7
8
Seamer..............
Binding instruc
tor..................
Instructor..........
Examiner..........
Stay instructor..
Repairer............
Repairer............
Machine lacer...
Side-steel strip
per..................
Stayer...............
84 $7.56
$5.22
69* 9.01
68 10.24
64 9.88
63? 8.94
62* 7.19
62 6.70
61* 6.15
7.54
8.70
7.25
61* 9.62
61 8.08
8.12
6.67
5.80
5.80
(«)
(“)
11
12
13
14
15
16
17
18
19
20
21
a Not reported.
17 Hand sewer.......
36 Forewoman.......
19 Inspector...........
18 Hand sewer.......
20 Hand sewer.......
23 Hand sewer.......
21 Hand sewer.......
30 Hand sewer.......
20 Hand-sewing in
structor..........
18 Final examiner.
19 Repairer............
60* 7.85
60* 7.54
60* 6.63
7.25
0.38
911
HOURS OP WAGE-EARNING W O M E N IN CHICAGO,
HOURS OF L A B O R AN D EARN IN GS OF IN D IV ID U A L WOMEN EM PLO YE D
IN SELECTED IN D U STRIE S D U RIN G A W EE K OF TH E B U SY SEASON—
Continued.
CORSET FACTORY—Continued.
Indi
vid
ual Age.
num
ber.
22
23
24
25
26
27
28
29
Hours and
earnings for
a week of
busy season.
Occupation.
22 Inspector...........
27 Inspector.............
24 Inspector.............
21
Inspector.............
36 Binder...............
35 Hand sewer.......
21
20
Machine trimmer................
18 Soamer.................
21 Tacker...............
18 Boner................
17 Tacker.............
17 Machine trimmer................
35 16 Machine trimmer................
36 16 B inder.............
37 19 Top binder........
38 18 Inspector...........
39 21 Binder...............
40 19 Binder...............
41 19 Body joiner.......
42 21 Boning instruc
tor.."..............
43 20 Tab stitcher......
44 18 Front stripper...
45 16 Binder...............
46 17 Tacker...............
47
22 Stayer...............
48 36 Hand sewer.......
49 32 Binder...............
50 34 Binder...............
51 16 Belt repairer___
52 17 Body joiner.......
53 17 Boner................
54 16 Boner................
55 16 Boner................
56 16 Boner................
57 17 Flyer.................
58 16 Flyer.................
59 16 Body joiner.......
60 18 Inspector...........
61 24 Steel examiner..
62 21 Needle joiner__
63 18 Boner................
64 18 Eyelet repairer..
65 18 Hand sewer.......
66
19 Boxer................
67 18 Boxer................
68
19 Examiner__ _
69 25 Front stripper...
70 24 Body joiner.......
71 43 Tab stitcher...
72. 21 Front stripper...
73 38 Instructor..........
74 20 Instructor........
75 25 Back joiner.......
76 22 Hand sewer.......
77 22 Binder...............
78 20 Repairer............
79 20 Repairer............
80 22 Flosser...............
81 22 Inspector...........
82 49 Inspector...........
83 25 Steel stitcher__
84 27 Side-steel strip
per..................
30
31
32
33
34
Rate
of pay
per
To Total week.
tal earn
hours. ings.
60#
60
60
60
60
60
60
$7.53
6.00
6.90
7.50
5.00
7.28
8.24
(a)
(a)
(a)
5.80
(a)
5.22
5.80
(a)
60
60
60
60
60
5.12
5.33
CO
5.40
5.22
60
60
59#
59#
59#
59}
59
5.40
6.73
5.95
5.36
S. 12
6.05
7.01
5.22
(a)
5.80
5.22
(a)
w
6.96
59
59
59
59
59
59
59
8.33
8.75
5.90
6.30
8.17
5.31
4.40
5.07
3.69
5.26
5.27
6.44
4.98
2.76
5.44
4.68
4.98
5.85
5.35
8.19
6.44
7.02
7.02
5.85
9.34
9.33
9.25
5.85
5.27
5.57
8.19
6.00
6.00
6.27
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58#
58
58
58
58
10.00
8.78
8.78
2.55
7.36
5.85
7.01
8.16
6.70
5.22
9.18
14.90
64181°— N o. 91— 11------4
$7.25
5.22
6.67
7.25
8.12
(°)
5.80
5.80
(a)
5.22
(a)
(a)
(a)
5.22
5.22
6.38
4.93
(a)
5.22
4.64
4.93
* 5.80
5.80
8.1 2
6.38
6.96
6.96
5.80
(a)
(a)
(a)
5.80
5.22
(a)
8.1 2
10.00
Indi
vid
ual Age.
num
ber.
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
8.70
137
8.70
138
(a)
139
140
(«)
141
5.80
142
6.96
8.1 2
143
144
6.67
5.07
145
146
(*)
147
148
00
« Not reported.
25
Occupation.
Side-steel strip
per..................
47 Hand sewer.......
23 Trimmer______
60 Trimmer............
20 Machine trim
mer................
27 Back joiner.......
21 Instructor..........
19 Examiner..........
21 Examiner..........
40 Tab stitcher......
22 Gore ioiner........
23 Gore joiner........
21 Front stripper..
27 Repairer............
23 Repairer............
27 Stayer...............
19 Flosser...............
20 Examiner..........
18 Examiner..........
23 Gore joiner........
23 Binder...............
22 Stayer...............
24 Steel stitcher__
20 Body joiner.......
20 Desk girl...........
19 Style stamper...
46 Form dresser__
16 Seamer..............
16 Seamer..............
20 Examiner..........
18 Examiner..........
18 Seamer..............
20 Seamer..............
20 Seamer..............
17 Body joiner.......
16 Body joiner.......
17 Front stripper..
17 Front stringer...
17 Down seamer...
18 Boner................
16 Hand folder.......
16 Belt baster........
16 Gore joiner........
17 Joiner and strip
per..................
18 Steel examiner..
17 Examiner..........
16 Examiner..........
17 Examiner..........
17 Steel stitcher___
16 Machine trim
mer................
16 Boner................
20 Body joiner.......
18 Desk girl............
18 Seamer..............
16 Seamer..............
17 Number stamper
20 Needle seamer...
18 Shaper...............
18 Shaper...............
23 Repairer............
16 Examiner..........
18 Tab stitcher......
17 Belt clipper.......
18 Extra seamer__
Hours and
earnings for
a week of
busy season. Rate
of pay
per
To Total week.
tal earn
hours. ings.
58 $8.28
58 5.80
58 7.25
58 7.25
(a)
$5.80
7.25
7.25
58 12.46
58 7.54
58 9.00
58 8.58
58 6.50
58 9.99
58 7.93
58 5.21
58 5.80.
58 5.22
58 7.25
58 5.79
58 7.48
58 8.60
58 8.22
58 9.90
58 9.00
58 11.31
58 9.25
58 5.39
58 8.12
58 7.25
58 12.00
58 5.80
58 4.73
58 5.52
58 5.22
58 5.80
58 5.22
58 5.22
58 5.79
58 5.22
58 5.22
58 5.74
58 6.38
58 6.58
58 5.99
58 5.25
58 5.22
(a)
58
58
58
58
58
58
8.82
5.22
6.13
8.83
5.22
5.80
58
58
58
57f
571
57#
57#
57f
57#
57#
57#
57#
57#
57#
57#
9.37
4.56
5.80
5.80
5.22
5.20
8.48
7.21
5.21
5.79
8.38
6.61
5.84
5.40
6.31
(a)
9.00
(a)
(a)
<«)
8 . 12,
5.22
5.80
5.22
7.25
5.80
(a)
(a)
5.22
8 .1 2
9.00
(a)
(«)
(«)
7.82
7.25
12.00
5.80
(a)
(a)
5:22
5.80
5.22
5.22
5.80
5.22
5.22
(a)
6.38
(a)
(a)
5.22
5.22
(a)
5.22
(a)
(?)
5.22
5.80
(a)
(0 )
5.80
5.77
5.19
5.22
(a)
7.25
5.22
5.80
8.41
( 0)
w
(•)
6.38
912
BULLETIN OF TH E BUKEAU OF LABOR,
HOURS OF LA B O R AND EA RN IN GS OF IN D IV ID U A L WOMEN EM PLOYED
IN SELECTED IN D U STRIE S D U RIN G A W E E K OF TH E BU SY SEASON—
Continued.
C O R S E T F A C T O R Y —Continued.
Indi
vid
ual Age.
num
ber.
Hours and
earnings for
a week of
busy season.
Occupation.
16 Belt baster........
17 Number stamper...................
151 18 Tnspprvtor...........
152 20 Riveter.............
153 18 Labeler.............
154 24 Gore joiner........
155 19 Flosser...............
156 40 Repairer............
157 22 Front stripper...
158 23 Inspector...........
159 17 Body joiner.......
160 17 Seamer..............
161 18 Repairer............
162 18 Flosser...............
163 25 Steel seamer.......
164 17 Repairerhelper. 165 16 Boner................
166 17 Examiner........ :
167 18 Seamer..............
168 17 Machine folder..
169 16 Examiner..........
170 19 Helper...............
171 19 Box labeler........
172 17 Inspector...........
173 24 Front stripper...
174 29 Steel seamer.......
175 39 Side steel strip
per..................
176 20 Repairer............
177 18 Front stripper...
178 16 Seamer..............
179 20 Body joiner.......
180 19 Steel stitcher___
181 23 Hand sewer.......
182 17 Steel sorter........
183 38 Tab stitcher......
184 19 Hand sewer___
185 18 Body joiner.......
186 19 Steel seamer___
187 16 Flyer.................
188 49 Inspector...........
189 30 Seamer..............
190 25 Side steel strip
per.................
191 23 Front stripper...
192 19 Body joiner.......
103 18 Examiner..........
194 20 Examiner..........
195 17 Front stripper...
196 17 Joint examiner..
197 17 Steel seamer.......
198 17 Steel stitcher___
199 17 Hand sewer.......
200
17 Joint examiner..
201
16 Stripper.............
202
19 Repairer............
203 16 Sewer................
204 18 Beltironer.........
205 28 Gore joiner........
206 34 Gore Joiner........
207 25 Shaper...............
208 19 Back joiner.......
209 19 Gore joiner........
210
22 Steel seamer
211
22 Front stripper...
22 Body joiner.......
212
213 35 Hand sewer.......
214 21 Front stripper...
215 1 19 Examiner..........
149
150
Rate
of pay
per
To Total week.
tal earn
hours. ings.
Indi
vid
ual Age.
num
ber.
57* $7.43
(a)
216
57*
57*
57*
571
57*
57*
57*
57*
57*
57*
57*
571
57|
57*
57*
57
57
57
57
57
57
57
57
57
57
9.55
6.96
7.54
10.94
9.89
6.33
8.63
5.75
5.75
4.58
6.40
(«)
$6.90
7.48
217
218
219
(a)
220
221
222
57
57
57
6.68
7.22
7.46
8.42
4.33
3.71
5.62
5.12
6.15
5.70
6.29
5.68
6.58
9.07
5.13
7.98
5.70
5.12
56* 5.68
8.51
56|
5.11
56f 5.66
56* 9.48
5.59
5.65
56* 5.09
56* 6.22
56* 5.07
5.06
56* 9.57
56* 5.07
56* 5.63
56* 5.75
6.12
56* 6.48
56| 5.63
551 5.06
56* 7.94
56* 4.59
56 6.49
56 5.04
56 6.72
55* 5.02
7.26
55* 8.26
55* 11.08
55* 12.03
55* 8.1 2
55I 7.27
m
8.52
55
7.57
55
6.07
55
5.20
55
8.37
55
6.17
(a)
6.38
8.70
5.80
5.22
4.64
(<*)
7.25
7.54
(°)
4.35
3.77
(0 )
5.22
6.38
5.80
6.38
5.80
(a)
(°)
5.22
(a)
8.1 2
5.80
5.22
5.80
(a)
5.22
5.80
(a)
(a)
5.80
5.22
6.38
5.22
5.22
(®)
5.22
5.80
&
(a)
5.80
5.22
(a)
(«)
(«)
5.22
7.54
5.22
(a)
(a)
(a)
(a)
(a)
(a)
(a)
6.38
5.80
(a)
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
<«)
a Not reported.
Occupation.
19 Machine trim
mer................
17 Front stripper...
20 Instructor..........
28 Front stripper...
17 Boner................
16 Body joiner.......
18 Examiner..........
21 Steel stitcher__
46 Head inspector..
22 Body joiner.......
22 Cleaner..............
21 Machine trim
mer................
28 Shaper..............
16 Stew examiner..
17 Machine * stay
tipper.............
38 Gore joiner........
22 Stayer...............
23 Steel seamer___
20 Hand sewer.......
16 Desk girl...........
16 Body joiner.......
17 Steel seamer......
23 Body joiner.......
20 Flosser...............
24 Steel seamer......
18 Gore joiner........
18 Steel stitcher___
25 Shaper...............
17 Stayer...............
36 Steel stitcher___
17 Gore joiner........
55 Trimmer............
23 Binder...............
19 Examiner..........
17 Riveter.............
17 Hand sewer.......
18 Binder...............
18 Gore joiner........
16 Repair helper...
18 Seamer..............
29 Back joiner........
47 Machine trim
mer................
30 Tab stitcher......
19 Seamer..............
16 Machine folder..
16 Examiner..........
24 Front stripper..
19 Flosser...............
20 Steel stitcher___
18 Hand sewer.......
20 Tab stitcher......
19 Binder...............
17 Stitcher.............
16 M a ch in e stay
tipper.............
17 Tab stitcher......
36 Inspector...........
18 Back preparer...
17 Hand sewer.......
18 Body joiner.......
20 Shaper..............
21 Back joiner.......
16 Machine trim
mer................
18 Machine trim
mer................
Hours and
earnings for
a week of
busy season. Rate
of pay
per
week.
To Total
tal earn
hours. ings.
55
55
54*
54*
54*
54
54
54
54
54
54
$6.05
5.50
8.18
4.91
6.92
4.8 6
4.85
6.42
7.56
10.07
6.10
$6.38
5.80
8.70
5.22
(a)
5.22
(0 )
w
8.12
(a)
6.57
54 12.77
54 12.02
54 4.05
(a)
54
53f
53*
53*
53*
53*
(a)
6.38
6.01
52*
51*
51*
51*
5.92
6.82
7.17
6.62
5.62
4.82
6.42
5.87
7.68
10.30
7.98
5.38
14.07
6.49
6.30
4.72
5.83
14.08
4.73
4.73
4.76
4.91
7.49
5.14
5.18
12.52
51*
51*
51*
51
51
50*
50*
50
50
50
50
50
6.36
10.41
4.61
5.97
4.59
7.47
5.03
7.00
3.91
9.65
5.04
4.48
53*
53*
53*
53
53
53
53
53
53
53
53
52*
52*
4.35
faj
(a)
6.09
5.22
(a)
6.38
7.54
(a)
(a)
(a)
(a)
5.80
(a)
5.22
6.38
(a)
5.22
5.22
(a)
(®)
(a)
5.80
5.80
(a)
(a)
(a)
5.22
(a)
5.22
(«)
5.80
8.1 2
(a)
(a)
(a)
5.22
50
50
50
49*
49*
49
48*
48*
5.14
4.25
5.75
4.96
4.44
5.26
9.82
(a)
2.6 6
(°)
48
3.47
(a)
48
4.32
4.93
6.67
(®)
5.22
(°)
(a)
5.22
913
HOURS OF WAGE-EARNING W O M E N IN CHICAGO,
HOURS OF LA B O R AND EARNIN GS OF IN D IV ID U A L WOMEN EM PLO YED
IN SELECTED IN D U STRIE S D U RIN G A W E E K OF TH E B U SY SEASON—
Continued.
C O R SE T F A C T O R Y —Concluded.
Indi
vid
ual Age.
num
ber.
279
280
281
282
283
284
285
286
287
288
289
290
291
16
18
24
17
18
24
19
18
16
21
16
18
19
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
16
41
34
21
17
27
21
20
20
17
26
18
21
19
54
21
Hours and
earnings for
a week of
busy season.
Occupation.
Rate
of pay
per
To Total week.
tal earn
hours. ings.
Machine folder..
Steel stitcher___
Front stripper...
Boner................
Seamer..............
Front stripper...
Front stripper...
Gore joiner........
Machine folder..
Gore joiner........
Machine folder..
Steel seamer___
Machine tr im
mer................
Seamer..............
Examiner..........
Front stripper...
Gore joiner........
Boner................
Binder...............
Shaper..............
Body joiner.......
Corset hooker...
Hand sewer.......
Shapp.r
Examiner..........
Body joiner.......
Steel seamer......
Hand sewer.......
Body joiner.......
48
48
48
47*
47*
47
46*
46
45*
45*
45
44§
83.85
7.65
3.36
4.51
4.28
7.27
6.02
8.09
5.89
4.55
3.92
4.48
44*
44"
44
44
44
43*
43*
43*
43
43
41*
41
39*
39
39
39
38f
3.39
3.96
5.43
4.40
5.42
5.36
5.84
6.77
4.78
4.01
4.15
10.23
4.30
3.90
3.51
3.51
3.88
Indi
vid
ual Age.
num
ber.
$4.64
308
309
310
5.22
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
(a)
4.06
(a)
(®j
(°)
(a)
(a)
5.80
(a)
5.80
(a)
5.22
(a)
5.80
(a)
(a)
6.96
(a)
6.38
(a)
5.80
(a)
(®)
5.80
5.22
5.22
5.80
Occupation.
16 Clipper..............
17 Hand sewer.......
32 Side-steel strip
per..................
20 Seamer..............
27 Front stripper...
17 Seamer..............
45 Hand sewer.......
19 Seamer..............
18 Seamer..............
24 Steel stitcher__
17 Body joiner.......
38 Seamer..............
16 Seamer..............
16 Examiner..........
25 Model................
17 Back joiner.......
18 Front stripper...
19 Body joiner.......
17 Front stripper...
33 Hand sewer.......
17 Stay seamer.......
40 Hand sewer.......
17 Hand sewer.......
(a)
29
21 Hand sewer.......
18 Inspector...........
17 Seamer..............
18 Body joiner.......
18 Body joiner.......
Hours and
earnings for
a week of
busy season. Rate
of pay
per
To Total week.
tal earn
hours. ings.
34 $2.55
33f 3.04
33*
32
31*
31*
30*
29*
29
29
28f
27*
24
20
18
15
15
15
144
14f
14*
10
10
10
10
10
5
5
5.28
3.52
3.44
5.32
2.75
2.95
2.61
2.90
2.59
2.73
2.16
1.83
15.00
1.35
1.50
1.50
1.33
1.33
1.33
1.30
1.00
.90
.90
1.00
.80
.45
.45
$4.35
5.22
(a)
6.38
6.38
5.22
5.22
5.80
5.22
5.80
5.22
5.80
5.22
(a)
15.00
5.22
5.80
5.80
5.22
5.22
5.22
5.22
5.80
5.22
5.22
5.80
5.22
5.22
5.22
« N ot reported.
N E IGH BORH OO D D E P A R T M E N T AND R E T A IL D R Y G O O D S S T O R E S —11 E S T A B
L IS H M E N T S .
Working hours, exclusive of Christ W orking hours during
mas holidays.
Christmas holidays.
Indi
vid
ual Age.
num
ber.
Occupation.
S. M. T. W. T. F.
Total
S. hours
per
week.
Total
hours
second
week
before
Christ
mas.
Total Work
hours ing
first hours
week day
before before
Christ Christ
mas. mas.
Nor
mal
earn
ings
per
week.
18 Saleswoman, bargain
table...........................
«60*
13 *15.50
20 Saleswoman, millinery..
13 610.50
10 Saleswoman, china de
partment....................
13
67.50
8* 8*
19 Saleswoman, candy de
partment....................
13* 67.00
20 Saleswoman, fancy goods
o 60l
13 68.00
23 Saleswoman, hosiery___
o60*
13 67.00
19 Saleswoman, cloaks.......
o60*
13 69.00
18 Saleswoman, ribbons....
o60*
13 66.00
21 Saleswoman, china de
partment....................
13 68.00
8* 8*
10
21 Saleswoman, corset de
partment..................
13 610.00
8*1 8k 11
o Girls work 4 hours on Sunday every six weeks. Average length of Sunday work is added to total hours
per week.
6 Receive each week, in addition to regular wages, a small sum from commissions on sales.
914
BULLETIN OF TH E BUREAU OF LABOR.
HOURS OF LABOR AND EARNINGS OF INDIVIDUAL WOMEN EMPLOYED
IN SELECTED INDUSTRIES DURING A WEEK OF THE BUSY SEASON—
Continued.
N EIG H B O R H O O D D E P A R T M E N T AND R E T A IL D R Y G O O D S S T O R E S -1 1 E S T A B
L IS H M E N T S —Continued.
Working hours, exclusive of Christ Working hours during
mas holidays.
Christmas holidays.
Occupation.
S.
M. T. w . T.
F.
Total Total Work
hours hours ing
Total second
first hours
S. hours
week week day
per before
before
week. Christ Christ before
Christ
mas. mas. mas.
Nor
mal
earn
ings
per
week.
j
Indi
vid
ual Age.
num
ber.
21
O
O
Saleswoman, lace de
partment.................... (a) 11 8$
11 83 12 «60$
13 &I11.00
733
833
20 Saleswoman, men’s fur
nishing........................ (a) 11 83 83 11 83 12 a 603
833
13 6 7.00
733
12
723
13 18 Saleswoman, ribbons__ (aj 11
06 O3
13 6 7.50
833
83 11
14 18 Saleswoman, neckwear.. (aS 11 83 83 11 83 12 «603
13 6 7.00
833
15 18 Saleswoman, fancy goods (ai 11 83 83 11 83 12 «603
13 6 7.00
733
833
16 20 Saleswoman, wash goods (ai 11 83 83 11 83 12 06 O3
73|
83
13 6 8 .0 0
12
17 21 Saleswoman, cloak........ (a) 11 83 83 11
0 603
83
13 69.00
733
18 16 Preparer, millinery....... (a) 11 83 83 11 s f 12 06 O3
83
13
6.00
733
19 18 Saleswoman, underwear. (a) 11 83 83 11 83 12 06 O3
83
13 6 7.00
733
20 19 Saleswoman, bargain
table...........................
653
83
14
6 .0 0
93 93 56
9$ 93 93
21 18 Saleswoman, kimonas... a) 11 83 83 11 83 12 06 O3
82
13 6 6 .0 0
733
22 18 Saleswoman, domestics.. a) 11 83 83 11 83 12 a 603
82
733
13 6 7.00
11 9 12 c63
23 25 Saleswoman, laces......... C4 11
82
73
14 69.00
11 9 12
24 20 Saleswoman, suits......... 4 11
82
63
73
14 6 7.00
Saleswoman,
shoes........
1
1
11 9 12
4
25 20
82
63
73
14 68.00
11 9 12
82
26 21 Saleswoman, corsets...... 4 11
63
73
14 68.00
11 9 12
27 16 Saleswoman, jewelry__ 4 11
82
63
73
14
7.00
11 9 12
82
28 24 Saleswoman, grocery__ 4 11
63
77
14 66.00
29
19 Saleswoman, grocery__
11 9 12
4 11
82
14
63
77
6 4.50
11 9 12
30 19 Saleswoman, grocery___ 4 11
82
14 6 4.50
63
77
31 17 Saleswoman, bargain
table........................... («) 11 83 83 11 83 12 «603
733
81
13
5.50
32 23 Saleswoman, cloaks and
dresses........................
75
80
14f 69.00
103 83 103 83 113 59
I43 (d)
33 21 Saleswoman, cloaks....... c4 11
703
793
Hi 9 13 « 64$
34 18 Saleswoman, grocery___ e 4 11
143 65.00
703
793
Hi 9 13 c64i
9
13
70|
35 26 Cashier........................... c 4 11
c
643
12.00
143
79«
Hi
9 13 c64$
36 18 Saleswoman, shoes......... c 4 11
793
14* 6 9.00
703
37 35 Saleswoman, jewelry__
76§
11
11 9 123 61$
14 10.00
693
38 20 Saleswoman, ribbons__ c 4 11 11 11 11 11 123 c69$
14
723
7.00
753
39 23 Saleswoman, notions__ c4 11
743
143 (d)
753
iii 9 13 c64i
40 21 Saleswoman................... c 4 11‘
9 13 c 64$
743
143 6.50
753
41 21 Saleswoman................... c 4 11
9 13 c64f
14* 64.00
743
753
42 20 Saleswoman................... c 4 11
9 13 *64$
143 65.00
744
753
11
11 9 123 613
43 23 Saleswoman, fancy goods__
133 8.00
753
703
44 31 Saleswoman, clothing...........
11
11 9 123 61$
133 9.00
703
753
11
11 9 123 613
45 25 Saleswoman, ribbons............
133
8.00
703
753
11
46 36 Saleswoman, laces................
11 9 123 613
133 9.00
753
703
47 17 Demonstrator, groceries.......
11
11 9 123 613
133
8.50
703
753
48 27 Saleswoman, neckwear.........
11
9 12
59
753
703
13$ 10.00
49 19 Telephone girl, grocery......... 83 103 8i 103 83 H3 59
733
133 6.50
50 20 Saleswoman, jewelry............ 8§ 103 83 103 83 12
733
593
703
133 7.00
Saleswoman,
candy..............
18
51
593
733
13$ 6.50
703
8f I lf
8f
52 22 Saleswoman, notions............
9 9
72“
54
73
13$ 8.00
11 9 12
53 18 Cashier..................................
72
59
73
13
5.00
54 19 Saleswoman, underwear.......
72
8§ 103 83 H3 59
12§ 7.50
65
55 17 Cashier and saleswoman.......
72
12$ 5.00
65
83 103 83 113 59
56 17 Saleswoman, corsets.............. 83
72
65
12$ 7.50
83 H3 59
57 23 Saleswoman, shoes................ 83 103 83
72
12$ 67.50
663
593
83 12
12§ 9.00
58 22 Saleswoman, hosiery............ 83 103 83
72
593
663
83 12
59 21 Saleswoman, fancy goods___
72
12§ 66.50
663
593
83 10$ 83 12
591
60 19 Saleswoman, umbrellas........ 83 103 83
72
12§ 67.50
663
’83 12
61 21 Saleswoman, shoes................ 83 103 83
72
12$ 67.50
663
593
83 12
62 22 Saleswoman, linings.............. 83 103 83 103 8§ 12
72
12$ 67.50
593
663
63 17 Cashier and wrapper............ 83 103 83 103 83 12
593
72
12$ 5.50
64 30 Saleswoman, underwear........ 83 103 83 103 83 12
72
12$ 610.00
663
593
65 29 Saleswoman, china de
partment........................... 83 103 83 103 83 12
72
12$ 67.00
593
663
a Giris work 4 hours on Sunday every six weeks. Average length of Sunday work is added to total hours
per week.
6 Receive each week, in addition to regular wages, a small sum from commission on sales.
c Girls work 4 hours every other Sunday. Average length of Sunday work added to total hours per week.
d Not reported.
11
12
93
99
99
9
999
99
99
9
999
999
9 9
99
9
9
9
9
99
9
9 9
9
99
99
99
99
9
9
99
9
HJ
HH ii
Hi
9
lOf
10f
9 9 9
910f 9
lOf
io | 8§ iof
iof
io |
8f io |
iof
iof
8f9
9
8§
8§
915
HOURS OF WAGE-EARNING W O M E N IN CHICAGO.
HOURS OF LA B O R AND EARNIN GS OF IN D IV ID U A L WOMEN EM PLOYED
IN SELECTED IN D U STRIE S D U RIN G A W EE K OF TH E B U SY SEASON—
Concluded.
NEIGHBORHOO D D E P A R T M E N T AND R E T A IL D R Y G O O D S S T O R E S —11 E S T A B
L IS H M E N T S —Concluded.
Working hours, exclusive erf Christ W orking hours during
mas holidays.
Christmas holidays.
Indi
vid
ual Age.
num
ber.
66
22
67
20
21
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
19
41
20
16
20
17
21
20
23
18
18
18
20
19
22
18
16
19
16
16
20
20
21
21
18
18
17
17
21
21
Occupation.
S. M. T. W. T.
Saleswoman, cloaks and
suits............................
Si 1 0 i
8i m
Saleswoman, groceries...
8 i 1 0 i S i 1 0i
Saleswoman, waists.......
s§ 10i
si lOi
Saleswoman, waists.......
8 i ioi
s i 1 0i
ioi
Saleswoman, groceries...
Si
s i l(>i
n
9 9 11
Cashier...........................
n
9 9 11
Wrapper........................
Saleswoman...................
n
9 9 11
Saleswoman...................
9 9 11
u
9 9 11
Saleswoman..................
n
Saleswoman..................
n
9 9 11
n
9 9 11
Saleswoman, shoes........
n
Saleswoman, furniture..
9 9 11
Saleswoman, children’s
n
9 9 11
caps............................
Saleswoman...................
u
9 9 11
n
Cashier..........................
9 9 11
n
Saleswoman..................
9 9 11
Saleswoman...................
u
9 9 11
9 9 11
u
Cashier..........................
u
9 9 11
Wrapper........................
8§ 1 0 i
Saleswoman, laces.........
si 10i
Cashier and wrapper___
s i io§ s i 1 0i
Saleswoman, fancy goods _ s i io|
10i
Saleswoman, clothing...
M
68 68 610
Saleswoman, general___
si 10i
s§ ioi
Saleswoman...................
u 9 9 u
Saleswoman...................
ii
9 9 n
Saleswoman...................
u
9 9 u
Saleswoman, stationery.
9 9 9 u
Saleswoman, hosiery__
9 9 9 u
Saleswoman, hardware..
9 9 9 u
Saleswoman, glass.........
9 9 9 u
Saleswoman, music.......
9 9 9 u
Cashier........................... (c) 612 611 611 612
Saleswoman, general___ (c) 612 611 611 612
F.
Si
Si
8;
8
8i
9
9
9
9
9
9
9
9
9
9
9
9
9
9
9
8!
Total Total Work
hours hours ing
Total second
first hours
week week day
S. hours
per before
before
before
week. Christ Christ Christ
mas. mas. mas.
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
Si
Si
H i
H i
H i
si
H i
68 611
9 11
9 11
9 11
9 12
9 12
9 12
9 12
9 12
68 65
68 65
59J
59!
59!
59!
59!
61
61
61
61
61
61
61
61
61
61
61
61
61
61
61
59
59
59
55
59
60
60
60
59
59
59
59
59
c60
c 60
Nor
mal
earn
ings
per
week.
66*
66!
66!
66!
66!
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
72
12 i <*$12.00
1 2 i <*6.00
12i <
*7.50
1 2 f <*7.00
12§
8.00
12
6.00
12
5.00
12
6.00
12
«5.50
12
o6.50
12
7.00
12 o 10.00
12
05.50
72
72
72
72
72
72
72
65
65
65
66
65
60
60
60
63
63
63
63
63
62
62
72
72
72
72
72
72
72
71!
71|
71!
68
67
66
66
66
64
64
64
64
64
62
62
12
12
12
12
12
12
12
12!
12!
12!
13
1 2|
11
11
11
13
13
13
13
13
8
8
0 6.O O
o5.50
11.00
7.00
a 9.00
5.50
5.00
5.00
6.00
7.50
18.00
6.00
08.O O
9.00
a8.00
5.00
5.00
5.00
4.50
5.00
8.00
7.50
- <*Receive each week, in addition to regular wages, a small sum from commission on sales.
6 These hours were given by the girls in the hearing of the employer, Later they were seen working on
nights when store was said to be closed.
c Girls work 4 hours one Sunday out of the month. Average length of Sunday work is added to total
hours per week.
LABOR LAWS DECLARED UNCONSTITUTIONAL.
BY
L IN D L E Y D . C L A R K , A . M ., L L . M .
CLASS OF LAWS CONSIDERED.
The United States Bureau of Labor has, from time to time, begin
ning with the year 1892, published compilations of the laws of the
various States and of the United States relating to the subject of
labor. No exact definition of laws of this class has been attempted,
nor in the nature of tilings is such a definition feasible. There are
many laws which more or less directly affect the conditions of wageearners, but, inasmuch as they are of general application and relate
to and in practice affect other persons equally with wage-earners,
such laws can not be specifically included under the head of labor
legislation.
In this compilation it is the intention to consider only those pro
visions of law that in some direct sense affect employers and employees
as such, or that determine the rights and obligations of these par
ticular classes. In some instances, however, laws of general appli
cation, which were not primarily addressed to the subject of the rela
tions of employers and employees, have been included because in
actual effect these laws have been found to concern these classes and
their relations in a particular and exceptional way.
Decisions of courts affecting labor have been reproduced in the
Bulletin of the Bureau of Labor, beginning with the year 1896, and
during the period covered there have come under observation a con
siderable number of laws and a few city ordinances which the courts
have found not to conform to the constitutional tests which, under
our form of government, all legislation must meet.
The laws that have been found to be unconstitutional and the
grounds for such finding are obviously of value and importance to
any complete understanding of the movement for labor legislation
and of the limitations within which the movement must necessarily
operate. It is the purpose of the present article to gather into a
single presentation a summary of the previously published decisions
relative to these laws and ordinances, with such others of like nature
as a search of the digests has disclosed, the result being, it is believed,
a practically complete review of the cases of this class. In all but
a very few instances the decisions here noted have been those of
courts of last resort of the State in which the law was enacted, or of
916
LABOR LAWS DECLARED UNCONSTITUTIONAL.
917
the Supreme Court of the United States. Where this rule is departed
from the fact will be noted, and these exceptions are in the main
cases in which the decision has been accepted as final and no further
action attempted under the law. About one hundred and seventyfive decisions are reviewed, besides a number of contrasting and illus
trative cases.
BASIS OF LEGISLATIVE ACTION.
It may be premised of all legislation of the general class here con
sidered that it is restrictive in some form or degree of the conduct
of the parties to whom it applies, employer or employee, or both; and
as a restriction upon the liberty of action and the free use of property
that are supposed to inhere in all men alike, the courts require that
justification must exist for its enactment. This is found, in general,
in what is known as the police power of the State. What this power
is, is not a matter of accurate definition inasmuch as it concerns the
policy of individual States and is subject to growth and change with
changing industrial and social conditions. (a)
The police power, in its broadest acceptation, means the general
power of a government to preserve and promote the public welfare
by prohibiting all things hurtful to the comfort, safety, and welfare
of society, and establishing such rules and regulations for the conduct
of all persons and the use and management of all property as may be
conducive to the public interest.^) It relates to the safety, health,
morals, and general welfare of the public. Both property and liberty
are held on such reasonable conditions as may be imposed by the
governing power of the state in the exercise of this power.(c) In the
case just cited it was said that this power exists in the sovereignty
of each State, but is none the less subject to the inquiry whether any
particular exercise of it or enactment under it is fair, reasonable, and
appropriate, or whether, on the other hand, it is an unreasonable,
unnecessary, and arbitrary interference with the fight of individuals
to their personal liberty. However, not every invasion of the right
of liberty or property will be condemned, (d) and it will be left to the
legislatures of thg States to declare, as the representative of the peo
ple, what restrictions, within the constitutional limitations, will be
placed on the freedom to contract; and it is laid down by our highest
tribunal that, while it is the duty of the courts to guard the constitu
tional rights of the citizen against merely arbitrary power, it is equally
true and imperatively demanded that legislative enactments declaring*&
a Atkin v . Kansas, 191 U. S. 207, 24 Sup. Ct. 124; Holden v. Hardy, 169 U. S. 366,
18 Sup. Ct. 383.
&Am. & Eng. Cyc. of Law, vol. 22, p. 916.
c Lochner v. New York, 198 U. S. 45, 25 Sup. Ct. 539.
d People ex rel. Williams Engineering, etc., Co. v. Metz, 193 N. Y . 148, 85 N. E.
1070; Booth v. People, 186 111. 43, 57 N. E. 798.
918
B U L L E T IN
OF T H E
BUREAU
OF L A B O R .
the policy of the State should be recognized and enforced by the
courts unless they are plainly and beyond all question in violation of
the fundamental law of the Constitution.^)
CONSTITUTIONAL RESTRICTIONS.
The exercise by the legislatures of such broad powers has been cir
cumscribed by some general restrictions designed to safeguard the
rights of the individual citizens of the States and to equalize the situ
ation of citizens of different States. These safeguards are found in
the fundamental principles contained in the constitutions of the
States and of the United States, those most frequently referred to
being the provision of the fourteenth amendment to the Constitution
of the United States, to the effect that no State shall “ deprive any
person *of life, liberty, or property without due process of law, nor
deny to any person within its jurisdiction the equal protection of the
laws;” and of the fifth amendment, which declares that no person
shall “ be deprived of life, liberty, or property without due process
of law.” So frequently are these provisions of the Constitution
referred to in the cases herein discussed that their general scope and
meaning may be, with advantage, briefly adverted to as an intro
duction to the presentation of individual cases.
These amendments did not incorporate any new ideas into our juris
prudence, but are mere expressions of certain fundamental principles
of the common law “ older even than Runnymede,” their value con
sisting in the fact that they operate upon rights already established,
declaring that, such as these rights are in each State, they shall be
enjoyed by all persons alike. ( 6) Their provisions extend not to citi
zens only, but to every person within the jurisdiction of any State of
the Union, regardless of race, nationality, or citizenship. ( c) The
phrases most frequently used— “ due process of law ” and “ equal pro
tection of the law ’ ’— have received judicial construction in a multitude
of cases, though the former is said to be incapable of any but the most
general definition. It is held to be the equivalent of the “ law of the
land” and is not restricted to judicial proceedings, the meaning and
intent of the provision being to “ protect and preserve the rights of
the citizen against arbitrary legislation as well as against arbitrary
executive or judicial action. ” (d) Its effect and meaning are to be
arrived a%by the gradual process of judicial inclusion and exclusion, as
the cases presented for decision require. (e) The principle involved is
therefore fundamental and is capable of application to every possible
« Atkin v. Kansas, 191 U. S. 207, 24 Sup. Ct. 124; Holden v . Hardy, 169 U. S. 366,
18 Sup. Ct. 383.
b Ward v. Flood, 48 Cal. 36, 17 Am . Reix. 305.
c Y ick Wo
Hopkins, 118 U. S. 356; 6 Sup. Ct. 1064.
d State v. Ashbrook, 154 Mo. 375, 55 S. W . 627.
« Davidson v. New Orleans, 96 U. S. 97.
LABO R L A W S DECLARED U N C O N S T IT U T IO N A L .
919
condition of change or development affecting the individual or recipro
cal rights of citizens, but no fixed rule can be laid down for such appli
cation. It is bounded not so much by precedent or custom as by the
nature and inherent principles of justice, on the basis of which it may
occur that legal proceedings will be newly devised in the furtherance
of the public good in view of changing conditions.
The provision that all persons are entitled to the equal protection
of laws operates to prevent the passage of laws making discriminations
among persons not based on equal and just differences or making
classifications of an arbitrary nature. Burdens and privileges must
affect alike all persons in the same place and in like circumstances,
without addition or diminution. (a) This principle guarantees to all
persons within the jurisdiction of the State the protection of equal
laws and exposes no one to an arbitrary exercise of governmental
power. ( *6) Security of person and property, the right to acquire
property, to make and enforce contracts, to enjoy personal liberty and
the pursuit of happiness, and to be immune from unequal punishments
for offenses are among the rights thus secured, including the right to
buy and sell labor.(c) “ The liberty mentioned in that [fourteenth]
amendment means not only the right of the citizen to be free from the
mere physical restraint of his person, as by incarceration, but the term
is deemed to embrace the right of the citizen to be free in the enjoy
ment of all his faculties, to be free to use them in all lawful ways, to
live and work where he will, to earn his livelihood by any lawful
calling, to pursue any livelihood or avocation, and for that purpose
to enter into all contracts which may be proper, necessary, and
essential to his carrying out to a successful conclusion the purposes
above mentioned.” (d)
Perhaps no more satisfactory method of showing the effect and
application of this amendment, when labor legislation is under con
sideration, can be adopted than by reproducing that portion of the
opinion of the Supreme Court which discusses these points in a case
in which the constitutionality of a law of this class was challenged. (e)
The statute involved was enacted by the legislature of the State of
Texas, act of April 5, 1889, and provided that in case of claims for
personal services rendered or labor done, or for damages, or for
overcharges on freight, or claims for stock killed or injured by the
train of any railway company, where the amount involved did not
exceed $50, the claimant might submit his claim, verified by his
affidavit, and if within thirty days it had not been paid or satisfied
he might sue. In ease of a recovery of the full amount of his claim,
o Missouri v. Lewis, 101 U. S. 122, 25 L. Ed. 989.
6 Connolly v. Union Sewer Pipe Co., 184 U. S. 540, 22 Sup. Ct. 431.
cLochner v. New York, 198 U. S. 45, 25 Sup. Ct. 539.
dAllgeyer v. Louisiana, 165 U. S. 578, 17 Sup. Ct. 427.
« Gulf, Colorado and Santa Fe R y. Co. v. Ellis, 165 U. S. 150, 17 Sup. Ct. 255.
920
B U L L E T IN
OF T H E
BUBEAU
OF L A B O R .
ho should be entitled to an award of all costs, and in addition thereto
attorney’s fees not to exceed $10 in amount. The case under com
sideration was an action to recover damages for the loss of live
stock, but the discussion by the court involved the whole scope of
the law, and it was declared unconstitutional in its entirety. The
following quotation from this opinion not only indicates the grounds
on which this particular statute was condemned, but sets forth as
well the general principles which will be found to be applied in most
of the cases to be considered in this review:
The single question in this case is the constitutionality of the act
allowing attorney’s fees. The contention is that it operates to
deprive the railroad companies of property without due process of
law, and denies to them the equal protection of the law, in that it
singles them out of all citizens and corporations, and requires them
to pay in certain cases attorney’s fees to the parties successfully
suing them, while it gives to them no like or corresponding benefit.
Only against railroad companies is such exaction made, and only in
certain cases.
No individuals are thus punished, and no other corporations.
The act singles out a certain class of debtors and punishes them when
for like delinquencies it punishes no others. They are not treated
as other debtors, or equally with other debtors. They can not appeal
to the courts as other litigants under like conditions and with like
protection. If litigation terminates adversely to them, they are
mulcted in the attorney’s fees of the successful plaintiff; if it ter
minates in their favor, they recover no attorney’s fees. It is no
sufficient answer to say that they are punished only when adjudged
to be in the wrong. They do not enter the courts upon equal terms.
They must pay attorney’s fees if wrong; thev do not recover any if
right; while their adversaries recover if right and pay nothing if
wrong. In the suits, therefore, to which they are parties they are
discriminated against, and are not treated as others. They do not
stand equal before the law. They do not receive its equal protec
tion. All this is obvious from a mere inspection of the statute.
While good faith and a knowledge of existing conditions on the part
of a legislature is to be presumed, yet to carry that presumption to
the extent of always holding that there must be some undisclosed
and unknown reason for subjecting certain individuals or corpora
tions to hostile and discriminating legislation is to make the pro
tecting clauses of the fourteenth amendment a mere rope of sand,
in no manner restraining state action.
It is well settled that corporations are persons within the pro
visions of the fourteenth amendment of the Constitution of the
United States. The rights and securities guaranteed to persons by
that instrument can not be disregarded in respect to these artificial
entities called corporations any more than they can be in respect to
the individuals who are the equitable owners of the property Delong
ing to such corporations. A State has no more power to deny to
corporations the equal protection of the law than it has to individual
citizens.
But it is said that it is not within the scope of the fourteenth
amendment to withhold from States the power of classification, and
LABO B L A W S D ECLABED U N C O N S T IT U T IO N A L .
921
that if the law deals alike with all of a certain class it is not obnoxious
to the charge of a denial of equal protection. While, as a general
proposition, this is undeniably true, yet it is equally true that such
classification can not be made arbitrarily. The State may not say
that all white men shall be subjected to tne payment of the attorney’s
fees of parties successfully suing them and all black men not. It
may not say that all men beyond a certain age shall be alone thus
subjected, or all men possessed of a certain wealth. These are dis
tinctions which do not furnish any proper basis for the attempted
classification. That must always rest upon some difference which
bears a reasonable and just relation to the act in respect to which the
classification is proposed, and can never be made arbitrarily and
without any such basis.
As well said by Black, J., in State v . Loomis, 115 Missouri, 307,
314 (22 S. W ., 350), in which a statute making it a misdemeanor for
any corporation engaged in manufacturing or mining to issue in pay
ment of the wages of its employees any order, check, etc., payable
otherwise than in lawful money of the United States, unless negotiable
and redeemable at its face value in cash or in goods and supplies at
the option of the holder at the store or other place of business of the
corporation, was held class legislation and void: Classification for
legislative purposes must have some reasonable basis upon which to
stand. It must be evident that differences which would serve for a
classification for some purposes furnish no reason whatever for a
classification for legislative purposes. The differences which will
support class legislation must be such as in the nature of things
furnish a reasonable basis for separate laws and regulations. Thus
the legislature may fix the age at which persons shall be deemed
competent to contract for themselves, but no one will claim that
competency to contract can be made to depend upon stature or color
of the hair. Such a classification for such a purpose would be arbi
trary and a piece of legislative despotism, and therefore not the law
of the land.
If it be said that this penalty is cast only upon corporations, that
to them special privileges are granted, and therefore upon them
special burdens may be imposed, it is a sufficient answer to say that
the penalty is not imposed upon all corporations. The burden does
not go with the privilege. Only railroads of all corporations are
selected to bear this penalty. The rule of equality is ignored.
But if the classification is not based upon the idea of special
privileges, can it be sustained upon the basis of the business in which
the corporations to be punished are engaged ? That such corpora
tions may be classified^ for some purposes is unquestioned. The
business in which they are engaged is of a peculiarly dangerous nature,
and the legislature, m the exercise of its police powers, may justly
require many things to be done by them m order to secure life and
property. Fencing of railroad tracks, use of safety couplers, and a
multitude of other things easily suggest themselves. And any
classification for the imposition of such special duties— duties arising
out of the peculiar business in which tney are engaged— is a just
classification, and not one within the prohibition of the fourteenth
amendment.
But arbitrary selection can never be justified by calling it classifi
cation. The equal protection demanded by the fourteenth amend
ment forbids this.
922
B U L L E T IN
OF T H E
BUREAU
OF L A B O R .
The court then reviewed a number of cases involving the constitu
tionality of statutes of various sorts, concluding as follows:
It must not be understood that by citing we indorse all these
decisions. Our purpose is rather to show the extent to which the
courts of the various States have gone in enforcing the constitu
tional obligation of equal protection. Other cases of a similar char
acter may be found in the reports, but a mere accumulation of
authorities is of little value. It is apparent that the mere fact of
classification is not sufficient to relieve a statute from the reach of
the equality clause of the fourteenth amendment, and that in all cases
it must appear not only that a classification has been made, but also
that it is one based upon some reasonable ground— some difference
which bears a just and proper relation to the attempted classifica
tion— and is not a mere arbitrary selection. Tested by these princi
ples the statute in controversy can not be sustained.
In addition to the provisions of the fifth and fourteenth amend
ments, noticed above, reference will be found in a few instances to
the second section of article 4 of the Constitution, which provides
that “ The citizens of each State shall be entitled to all privileges
and immunities of citizens in the several States.” This declaration is
so simple that it requires nothing more than a mere statement of it,
its application to legislation being clear and unequivocal. A few
cases will also be found in which the law conflicted with technical
provisions of the state constitutions.
LAWS DECLARED UNCONSTITUTIONAL.
There have been brought together in the present compilation more
than 150 separate statutes and ordinances that have been held uncon
stitutional, either entirely or as to portions of their provisions. Since
in many instances these are addressed to the same or similar objects,
it is possible to group them under heads corresponding pretty closely
to those used in the index of labor laws at the end of this Bulletin.
The classification and order of arrangement adopted for use in the sub
sequent text (except that the laws of the various States are not there
taken up in alphabetical order by States, as in the present analysis)
are as follows:
Laws affecting the contract of employment:
Repayment of employers’ advances: South Carolina.
Breach of labor contracts: Alabama, South Carolina.
Interference by third persons: Georgia.
Statement of cause of discharge: Georgia, Kansas
Blacklisting: Indiana.
Examination, registration, etc., of workmen:
Barbers: Michigan, Texas, Washington.
Peddlers: Michigan.
Horseshoers: Illinois, New York, Washington.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
923
Examination, registration, etc., of workmen— Continued.
Plumbers: Georgia (city ordinance), Minnesota, New York,
Ohio, Washington, Wisconsin.
Electricians: Louisiana.
Mine foremen: Pennsylvania.
Stationary engineers: Ohio.
Railroad employees: Alabama, Ohio.
Employment of women and children:
Employment of women in wine cellars: California (city ordi
nance).
.Employment of children in mines: Pennsylvania.
Protection of local labor:
Citizens to be employed on public works: Illinois, New York
Tax on alien employees: Pennsylvania.
Employment of Chinese: California, Colorado.
Working of mining claims by Chinese: Oregon.
Restrictions on immigration: California (two laws), Loui
siana, United States.
Use on public works of stone dressed outside the State: New
York.
Sale of convict-made goods: New York, Ohio.
Employment offices:
Limitation of fee: California.
Free public offices furnishing workmen where strike is in prog
ress: Illinois.
Emigrant agents: Alabama, North Carolina.
Rates of wages:
Wages on public works: Indiana, New York.
Deductions for imperfect weaving: Massachusetts.
Weighing coal at mines: Colorado, Illinois, Ohio, Pennsyl
vania.
Mechanics’ hens:
Sundry provisions: California, Minnesota, Pennsylvania.
Actions to recover wage debts:
Attorneys’ fees: Alabama, California, Colorado, Illinois, Kan
sas, Ohio, Oklahoma, Texas, Utah.
Running of process: Michigan.
Exemptions from judgments: Michigan.
Garnishment and assignments of salaries and wages:
Sundry provisions: Illinois (two laws), Missouri, Texas.
Payment of wages:
Time: Arkansas, California (two laws), Illinois, Indiana (two
laws), Ohio, Pennsylvania, Texas.
Use of scrip: Arkansas (two laws), Illinois, Missouri, Penn
sylvania, Tennessee, Texas, West Virginia.
924
BULLETIN OF TH E BUREAU OF LABOR.
Payment of wages— Continued.
Company stores: Colorado, Illinois, Indiana, Kansas, Mary
land, Ohio, West Virginia.
Hours of labor:
On public works: California (city ordinance), Illinois (city
ordinance), New York, Ohio, Washington (city ordinance).
In private employments: Colorado (two laws), Illinois, Mis
souri (two laws), Nebraska, New York (two laws), Ohio,
Wisconsin.
Sunday labor:
Sundry provisions: California (three laws), Illinois, Indiana,
Kentucky, Tennessee.
Liability of employers for injuries to employees:
Sundry provisions: Indiana, Maryland, Mississippi, New Mex
ico, Ohio, Pennsylvania, South Dakota, United States (two
laws).
Inspection and safety of factories, workshops, etc.:
Sundry provisions: California (law and city ordinance), Hawaii,
Missouri, Montana, New York.
Protection of employees on street railways:
Inclosed platforms: Texas.
Mine regulations:
W ashroom s: Illinois.
Labor organizations:
Antitrust exemptions: Illinois, Nebraska.
Trade-marks and badges: Montana, Newr Jersey.
Union label on public printing: Illinois (city ordinance), Ten
nessee (city ordinance).
Employment of union labor on public works: Illinois (city
ordinance).
Protection of workmen as members: Illinois, Kansas, Missouri,
Nevada, New York, Ohio, Pennsylvania, Wisconsin, United
States.
Injunctions and contempts:
Restriction of power of courts: California, Missouri, Oklahoma,
Virginia.
Arbitration of labor disputes:
Excessive grant of power: Kansas, Missouri,
Protection of employees as voters:
Federal limitations: United States.
The above laws are considered in the following pages, the point
involved being first set forth briefly and the grounds of its disapproval
indicated. Besides the cases in which the decisions as to unconstitu
tionality were arrived at, a number of cases are introduced for pur
poses of illustration or as setting forth views at variance with those
enounced by the courts holding the laws unconstitutional.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
925
LAWS AFFECTING TH E CONTRACT OF EMPLOYMENT.
A statute of South Carolina (sec. 357 of the Criminal Code,
amended by an act, p. 428, Acts of 1904) declared that any farm
laborer who had received advances either in money or supplies and
who thereafter willfully and without just cause failed to perform the
reasonable service required of him by the terms of his contract was
guilty of a misdemeanor, and punishable by a fine or imprisonment.
By a federal court and by the supreme court of the State, this law was
held to be unconstitutional, as an attempt to secure compulsory
service in payment of debt; as violating the equality clause of the
fourteenth amendment, since it applied only to agricultural labor;
and, lastly, as creating a system of involuntary servitude, in contra
vention of the provisions of the thirteenth amendment.^)
Another law of this State (General Statutes of 1882, sec. 2084)
prescribed penalties for the punishment of employers and employees
who broke their contracts. The penalty against employers was
limited in amount, while that against employees was not, and this
difference of treatment was held by the state supreme court to be an
unjust and unlawful discrimination between the two parties. (*6)
The legislature of Alabama enacted a law (No. 483, Acts of 19001901) which forbade any person who had made a contract in writing,
either as an employee or as a lessee of lands, to abandon his contract
or lease or to abandon the leased premises and make a second con
tract of any form of a similar nature with a different employer with
out the consent of the original employer and without sufficient excuse,
which was to be adjudged by the court. The act was held by the
court of last resort of this State to contravene the guaranties of both
the federal and the state constitutions as to the rights of life, liberty,
and property, placing, as it did, the right of contract of one indi
vidual under the power of another. 4‘ Because of the restrictions it
purports to place on the right to make contracts for employment and
concerning the use and cultivation of land, this act is wholly invalid.” (c)
In discussing the same law, a federal judge condemned these pro
visions, saying that “ the only constitutional method of enforcing a
contract for personal service is to get judgment and execution and
have compensation for the broken contract by seizure and sale of
the defendant’s property.” (*) With reference to the provision requir
ing the employee to secure his former employer’s consent the judge
in the latter case laid down the rule that no man can lawfully be
compelled to disclose differences with former employers or breaches
of contracts with others as a condition to the making of a new con
« E x parte Drayton, 153 Fed. 986; E x parte Hollm an, 79 S. C. 9, 60 S. E. 19.
&State v. Williams, 32 S. C. 123, 10 S. E. 876.
• Toney v. State, 141 Ala. 120, 37 So. 332.
* Peonage Cases, 123 Fed. 671.
926
BULLETIN OF TH E BUREAU OF LABOR.
tract. Such a provision would be, in effect, a compulsory method
of collecting debts or securing the performance of a contract and
would amount to making an employee blacklist himself.
The Georgia legislature (act, p. 63, Acts of 1901, as amended by
act No. 307, p. 91, Acts of 1903) provided penalties for any person
who should, during the life of the contract, employ or rent lands to
any employee or tenant who was under written contract or under
parol contract duly witnessed and partly performed, or who should
“ disturb in any w ay” the relation of employer and employee or of
landlord and tenant without first obtaining the written consent of
the original employer or landlord. The object of this act is evidently
the same as that of the act of the Alabama legislature noted above,
i. e., to secure the stability of contracts of employment and tenancy,
but the mode of approach differs, since in the Georgia law it is in form
the interference by third parties that is prohibited, and not the free
action of the employee or tenant. This act was held by the supreme
court of the State to be constitutional in the main. (a) Since, however,
the constitution of the State requires that no law shall contain more
than one subject-matter, or matter that is not set forth in the title,
it was held that the clause prohibiting the disturbance “ in any w ay”
of the relations mentioned must be stricken out, since it was not
covered by the title of the act.
In the State of Georgia an act of October 21, 1891, provided that
railroad, telegraph, express; or electric street-railway companies
should on written request, furnish to any employee, on his discharge
or removal from employment, a specific statement in writing of the
reason or cause therefor; and if the discharge was made on account
of complaint or information, the statement should disclose the nature
of the same, the name of the person making it, and the time when the
complaint was made. Failure to comply involved a liability of
$5,000, to be recovered in an action for damages. On suit to recover
damages for failure to comply with the request of a discharged em
ployee for a statement of the reasons, it was held that a statute of this
nature served no public interest and was violative of private rights,
since the guaranty of the liberty of speech and writing requires as its
correlative the liberty of silence; it was said by the court that “ state
ments or communications, oral or written, wanted for private infor
mation, can not be coerced by mere legislative mandate at the will
of one of the parties and against the will of the other.” The act was
therefore declared unconstitutional. (6)
A similar view was taken of a statute of Kansas (G. S. 1901, sec.
2422), which directed “ any employer of labor” within the State to
furnish to a discharged employee, on his request, a statement in writ
« Pearson v. Bass, 132 Ga. 117, 63 S. E. 798.
Wallace v. G. C. & N. R. Co., 94 Ga. 732, 22 S. E. 579.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
927
ing of the true reason for his discharge. Section 2421 contained a
prohibition against blacklisting. A case arose under section 2422 in
which a railroad employee sued his former employer for refusal to
give any other statement than that contained in a letter declaring that
he was discharged “ for cause.” It was also charged that there was a
conspiracy between this and other companies to prevent employees
from procuring employment without the consent of former employers.
The evidence showed that employment had been refused after the
letter furnished had been exhibited at the request of prospective em
ployers; but since there was no means of knowing that employment
could have been secured if the true reason for discharge had been
fully set forth, the supreme court of the State ruled that there was no
proof of damage resulting from a failure to state the actual cause of
discharge, and that a law requiring such a statement could not be
enforced. The Wallace case, above, was not mentioned, but the
same argument was used, and the law declared unconstitutional as
an interference with personal liberty in a matter in which the public
has no interest. (®) Opposed to the views of these courts is that of
a Texas court of civil appeals in upholding a statute of that State
which required the reason for discharge to be furnished on request of
the employee. The Wallace and the Brown cases were mentioned and
the views therein expressed specifically rejected, the statute in ques
tion being held a proper one to prevent misrepresentation and black
listing.^) A statute of Indiana (A. S., sec. 7077) addressed to the
subject of blacklisting and the protection of discharged employees,
contained in its body but not in its title provisions relative to em
ployees who voluntarily left service. The court held that the pro
tection of discharged employees was a proper subject for an act of the
legislature, with which the prevention of blacklisting was properly
connected; but that the provision as to employees voluntarily leav
ing service did not come within the scope of the act as expressed by
the title nor was it properly connected therewith. As it was in con
flict with a provision of the state constitution similar to that noted
above in the Georgia case, Pearson v. Bass, requiring each statute to
relate to a single subject, which must be expressed in the title of the
statute, this portion of the statute was held to be void.(c)
EXAMINATION, REGISTRATION, ETC., OF WORKMEN.
Restrictions on employment have resulted in many States from
enactments that prescribe a form of examination, to be followed by
the registration or licensing of such persons as show themselves
qualified for the employment in view. These provisions may affect
independent workmen in the matter of the pursuit of their trades, or
a Atchison, Topeka & Santa Fe R y. Co. v. Brown, 80 Kans. 312, 102 Pac. 459.
ft St. Louis S. W. R . Co. of Texas v. Hixon, — Tex. Civ. A pp. — , 126 S. W. 338.
c Wabash R . Co. v. Young, 162 Ind. 102, 69 N. E. 1003.
64181°— No. 91— 11-----5
928
BULLETIN OF TH E BUBEAU OF LABOR.
they may relate to applicants for employment for wages. In the
first class may be placed barbers, the examination and registration
of whom are regulated in many States, the law being in general
upheld as an appropriate exercise of the police power in behalf of
the health and general welfare of the community. The end in view
will not, however, justify the incorporation of extraneous restrictive
features, as was done in the Michigan law, act No. 212, Acts of 1889
which contained a provision excluding aliens from the right to take
the examination which was a prerequisite to registration under the
law. This provision was held to be in violation of the fourteenth
amendment, since it denied to persons within the jurisdiction of a
State of the Union the equal protection of its laws. (a) A quite similar
defect was found in a law of the State of Washington, Acts of 1901,
chapter 172, which contained a provision requiring the applicant to
show that he had studied the trade for two years as an apprentice
under a qualified and practicing barber, or had served as a barber in
this State or in other States for a like period. This provision was
held to be unreasonable and arbitrary, since the only matter in which
the public was interested was the competence of the workman and not
the method by which such competence was obtained, whether by
apprenticeship, at a barber school, or by his own efforts. (*) In
neither of the above cases, however, was the unconstitutional pro
vision regarded as invalidating the remainder of the statute.
In a court of criminal appeals of Texas, on the other hand, a law
requiring practicing barbers to pay a registration fee of $2, or an
examination fee of like amount if not engaged in the occupation at
the time the law was enacted, (c) was declared unconstitutional as in
violation of a clause of the state constitution declaring that no
occupation tax should ever be levied on the prosecution of mechan
ical and agricultural pursuits. (d) The court held that the work of
barbering was mechanical and therefore not subject to taxation, and
that naming the charge a license fee could not save it from the con
demnation of the constitution. The law exempted from its applica
tion students working their way through the state university or
other schools of the State by working as barbers, and also persons
acting as barbers in eleemosynary institutions of the State and in
towns of less than 1,000 population, and these exemptipns were held
by the court as being discriminatory and unconstitutional, so that
the whole law was void for these reasons as well.
The licensing of peddlers, subjecting them to local taxation, is
quite generally provided for, and an exception in favor of farmers*&
« Templar v. Board, 131 Mich. 254, 90 N. W. 1058.
& State v. Walker, 48 Wash. 8, 92 Pac. 775.
« Acts of 1907, chap. 141.
d Jackson v. State, 55 Tex. Cr. A pp. 557, 117 S. W. 818.
LABOR LAW S DECLARED U NCONSTITUTIONAL.
929
and mechanics selling articles of their own production or manufacture
is frequently incorporated. A Michigan statute, however (Acts of
1897, No. 248), made an exception of this sort applicable only to
residents of the State of Michigan, which was held to violate the
prohibition of section 2 of article 4 of the federal Constitution,
granting to the citizens of each State all the privileges and immu
nities of citizens in the several States.(a)
An occupation which has been made the subject of legislation in
several States, but which does not seem to fall properly within the
reasons supporting laws of this class, is that of horseshoer. In the
States of New York (Acts of 1897, ch. 415, sec. 180), Illinois (act
of June 11, 1897), and Washington (Acts of 1901, ch. 67) laws
of this sort were condemned as being unwarranted and unconstitu
tional interferences with the liberty of the citizen to choose and fol
low his calling or employment. ( b) The laws in question were held
to have no proper reference to the public health or comfort or to the
safety or welfare of society. Since they were not revenue laws,
they could be justified only on the showing of the necessity of regu
lation, in the absence of which the general right of every person to
pursue any calling, and to do so in his own wray, so long as he does
not encroach upon the rights of others, can not be taken away by
legislative enactment. The necessity for regulation was held not to
appear in the cases cited, and the laws were declared unconstitutional
both for the reason indicated above, and as depriving persons of lib
erty and property without due process of law, in violation of the
provisions of both federal and state constitutions.
The occupation of plumbing is generally held to be appropriately
the subject of laws requiring examination and registration on proof
of competency, but the statute of Washington (Acts of 1905, ch.
66) relative to this subject was held to be an unwarranted inter
ference with the freedom of the citizen to engage in employment,
not grounded on relations to public health, and subject to condem
nation for the same reasons as set forth above in connection with
the consideration of the laws relating to horseshoeing. (c) In a few
other States the law relating to the registration of plumbers has
been found to be unconstitutional, but only because of certain
discriminatory or unequal provisions contained in them. Thus in
Minnesota the act of 1901, chapter 356, required journeymen plumb
ers in cities having a population of 10,000 or more, and having a
system o f sewers or waterworks, to procure certificates of com
petency. This act was condemned on two grounds; first, that it&
« Rodgers v. Adsit, 115 Mich. 441, 73 N. W. 381.
&People v . Beattie, 89 N. Y . Supp. 193, 96 App. D iv. 383; Bessette v. People, 193
111. 334, 62 N. E. 215; In re Aubry, 36 Wash. 308, 78 Pac. 900.
cState v. Smith, 42 Wash. 237, 84 Pac. 851.
930
BULLETIN OF TH E BUKEAU OF LABOR.
adopted as a basis of classification an arbitrary numerical standard
as well as the one relative to systems of sewerage or water supply;
and second, that it required journeymen to prove their competency
while no such test was made as to the qualification of master
plumbers.(°) A Wisconsin statute (Acts of 1897, ch. 338) was
said by the court to be addressed to a proper subject of legislation,
but to be unconstitutional because it contained the provision that
“ In the case of a firm or corporation, the examination or licensing
of any one member of the firm or the manager of a corporation shall
satisfy the requirements of the act.” This was said to be an unwar
rantable discrimination in favor of firms and corporations as against
plumbers engaging in business alone. ( *6) The same defect was
pointed out by the supreme court of Ohio in discussing a law (Acts
of 1896, p. 263) which contained a similar provision;(c) so also of
an ordinance of the city of Atlanta of like tenor. (d) The court of
appeals of New York, on the other hand, in passing on a plumbers’
license law (Acts of 1896, ch. 803), condemned the provisions of that
act which required every member of a firm to be registered after
examination, inasmuch as such a provision interfered with the right
of individuals to form partnerships for the conduct of a lawful busi
ness as master plumbers, the objection being that a man with capital
but without experience as a plumber was by this provision debarred
from the opportunity of investing his money in the plumbing busi
ness, even as a silent partner. (e)
Of like nature with the above group of laws is one enacted by the
legislature of Louisiana (act No. 178, Acts of 1908), requiring master
electricians to pass an examination and secure a license before engag
ing in electrical work, the law being so worded as to apply to the city
of New Orleans only. The lighting companies, the electric-railway
companies, and the department of police and public buildings of the
city were exempted from the provisions of the statute “ in so far as the
maintenance and installation of their equipment pole-line services
and meters are concerned. ” On account of the exemptions contained
in the law it was held to be discriminatory without just reasons for the
distinctions made, and for this reason void, the invalid portions so
affecting the whole statute that it must fall in its entirety, (f)
In the second group of workmen for whom examination is pre
scribed, i. e., those who must procure a.certificate before they are
eligible to employment as hired workmen, are to be found persons on
whose skill and competence the safety of their fellow-workmen, or of
« State v. Justus, 90 Minn. 474, 97 N. W. 124.
&State v. Benzenburg, 101 Wis. 172, 76 N. W. 345.
cState v. Gardner, 58 Ohio St. 599, 51 N. E. 136.
d Henry v. Campbell, 133 Ga. 882, 67 S. E. 390.
eSchnaier v. Navarre Co., 182 N. Y . 83, 74 N. E. 561.
1 State v. Gantz, 124 La. 535, 50 So. 524.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
931
the public, or both, are dependent. The reasons indicated by these
relationships are held to justify the enactment of laws of this particu
lar class. However, an enactment of the legislature of Pennsylvania
(Acts of 1891, p. 176) was held by the supreme court of the State to
contain an unconstitutional provision in that, while compelling the
appointment of a certified mine foreman, it imposed on the employer
liability for the negligence of such employee. The court held that in
so doing an improper burden was laid upon the employer, since it held
him responsible for the acts of a person in whose appointment he was
not permitted by the statutes to act freely, and who was, as this court
maintained, the agent of the State and not of his employer. The act
was declared to be void in another respect, because the foreman was by
it made the employer's representative, while, according to the common
law as administered in Pennsylvania, he was a fellow-servant of the
miners who worked in the mine with him. The statute was, there
fore, declared to be an invalid and ineffectual attempt to change set
tled law in regard to this matter, though the provision requiring the
employment of licensed foremen stands. (a) It may be added in this
immediate connection that neither of the above reasons has been gen
erally held to invalidate such laws, since the mine foreman, although
licensed by the State, is subject to selection, employment, and
dismissal at the option of his employer, the only restriction being that
the selection shall be made from a group of men whose competency
has been in some measure tested according to a standard that is
thought worthy of general approval. As to the second point, it is
commonly accepted at the present time that the State has the power
to modify or to abrogate the law as to fellow-service. ( *6)
Another law of Pennsylvania (Acts of 1897, p. 287) requires miners
in anthracite mines to have certificates of competency, to be issued
only after two years' experience as a miner or mine laborer in the
mines of the State. A superior court declared this provision limiting
the experience to work in mines in the State to be in contravention
of the rule as to equal rights of citizens, as laid down in article 4,
section 2, of the Constitution. (c) On appeal, however, the supreme
court of the State sustained the law in its entirety, on the ground, as
it appears, that the nature of the experience required was specific
and peculiar. (d)
The statute of the State of Ohio requiring engineers of stationary
engines of more than 35 horsepower to be examined and procure a
license (Acts of 1900, p. 33), if the applicant should be found trust
worthy and competent, was declared unconstitutional as interfer
a Durkin v, Kingston Coal Co., 171 Pa. 193, 33 Atl. 237.
&Wilmington Star Mining Co. v. Fulton, 205 U. S. 60, 27 Sup. Ct. 412.
c Commonwealth v. Shaleen, 30 Pa. Super. Ct. 1.
d Com. v . Shaleen, 215 Pa. 595, 64 Atl 797.
932
BULLETIN OF TH E BUREAU OF LABOR.
ing with the rights of citizens and affecting their equality, as well as
conferring autocratic authority on the examiner, for whom the leg
islature had fixed no standard. (®) Subsequent acts of the legislature
of Ohio have cured the last-named defect, the present statute being
of a form and effect generally regarded as constitutional^*6) Engi
neers on*locomotives were required by an act of the legislature of
Alabama (Acts of 1887, p. 87) to be examined for color blindness,
the cost of the examination devolving on the railroad company.
The provision requiring the railroad company to pay the fees was
held by the supreme court of the State to impose an unwarranted
burden upon the company and to be unconstitutional. (c) A sim
ilar law was, however, upheld in its entirety by the Supreme Court
of the United States, the court saying that to require “ railroad com
panies to pay the fees allowed for the examination of parties who are
to serve on their railroads is not depriving them of property without
due process of law. It is merely imposing upon them the expenses
necessary to ascertain whether the employees possessed the physical
qualifications required by law.” (d)
Different reasons were adduced against a statute of Ohio (act of
Jan. 31, 1893), which prescribed the terms of service and experience
preliminary to the employment of certain classes of railroad em
ployees. Employment might be given to men who had had expe
rience covering a period of two years in the past six years, and those
might be retained in their present positions who were employed at
the time of the passage of the law. The court ruled that by these
terms two favored classes were arbitrarily created, the law prescribing
no standard or test of efficiency, merely declaring who may labor and
who may not, without providing for the public safety by any valid
rule. (€)
EMPLOYMENT OF WOMEN AND CHILDREN.
Restrictions of an entirely different nature are those which affect
the employment of women and children, these laws being enacted in
the interest of the health and safety of the persons to whom they
relate. The influence of an occupation on individual and public
morals may also receive consideration, and laws based on all these
grounds have been pretty consistently upheld by the courts passing
on them. An ordinance of the city of San Francisco prohibiting the
employment of women in wine cellars was declared unconstitutional
on the ground that it violated the provisions of the eighteenth section
a Harmon v. State, 66 Ohio St. 249, 64 N. E. 117.
&H yvonen v. Hector Iron Co., 103 Minn. 331, 115 N. W . 167.
c Louisville & N. R . Co. v. Baldwin, 85 Ala. 619, 5 So. 311.
Nashville, etc., R . Co. v. Alabama, 128 U. S. 96, 9 Sup. Ct. 28.
« Cleveland C. C. & St. L. R . Co. v. State, 72 N. E . 1165. Opinion in 26 O. Cir.
Ct. Rep. 348.
LABOR LAW S DECLARED U NCONSTITUTIONAL.
933
of article 20 of the state constitution, which provides against dis
tinctions in business or vocation on account of sex.(a) Laws of
identical provisions are in force in many States, however, and the
same end seems to have been gained in the enactment of a city
ordinance of San Francisco prohibiting the issue of licenses to liquor
dealers who employ females as waitresses, this act being held to be
constitutional. (*
6)
The employment of children is universally recognized as being a
proper subject for regulation by the State, though a law of Penn
sylvania (Acts of 1905, p. 344) relating to the employment of
children in coal mines was held to be unconstitutional in some of the
provisions relating to its administration. Thus children who were
able to furnish certain documentary proof of age were released from
some of the requirements as to school attendance that affected
children who were without such documents, putting minors of equal
age and, by fair presumption, of equal qualifications otherwise, on a
different footing merely because one class had certain proofs available
which the other did not have.(c) The lower court had also con
demned the law on the ground that it imposed onerous duties on
school officers employed for the performance of other services to
the State, and compensated for the latter only.
Other cases dealing with laws regulating the employment of females
are noted under the heading “ Hours of labor,” below.
PROTECTION OF LOCAL LABOR.
Statutes favoring local labor are found in many jurisdictions, such
legislation taking a wide variety of forms. These laws may directly
prohibit the employment of aliens on works carried on by or for the
benefit of the State, or they may seek to gain something of the same
end by indirect means. A law of the State of Illinois (act of June 1,
1889) provided that no officer acting for any city and no contractor
under a municipality should employ any persons other than citizens or
those who have declared their intention to become citizens, if the sums
to be paid as wages for labor were to be taken in whole or in part,
directly or indirectly, out of any funds raised by taxation. A quite
similar law was enacted in 1894 by the legislature of New York (Acts of
1894, ch. 622). These laws were alike held to be unconstitutional,
both because they interfered with the rights of the contractor to
contract freely and because they violated the equal-protection clause
of the fourteenth amendment, whose provisions extend to aliens as
well as to citizens. (d)
« In re Maguire, 57 Cal. 604, 40 Am. Rep. 125.
&Foster v. Police Com’rs, 102 Cal. 483, 37 Pac. 763.
c Collett v. Scott, 30 Superior Ct. 430.
^City of Chicago v. Hulbert, 205 111. 346, 68 N. E. 786; People v . Warren, 34 N. Y .
Supp. 942,13 Misc. 615.
934
BULLETIN OF TH E BUREAU OF LABOR.
Private employers were affected by a law of Pennsylvania (Acts of
1897, No. 139) which required employers of aliens to pay a tax of
3 cents per day for each alien in their employment of the age of 21
years or above, which tax could be deducted from the wages of the
employee. This law was condemned as unconstitutional in cases
which came before the supreme court of the State and a federal court,
both courts holding that the act violated the equal-protection pro
visions of the fourteenth amendment referred to in the previous
paragraph, since the classification was without reasonable basis. (a)
In a few of the Western States legislation addressed specifically
to the employment of Chinese was enacted, prohibiting their employ
ment by municipal corporations (Colorado, Acts of 1872, p. 9) or
by corporations generally (California, constitution, art. 19, sec. 2;
act of Feb. 13, 1880). ♦These laws were declared void as in con
travention of the provisions of the fourteenth amendment and
also as conflicting with the treaty rights of the Chinese. (**6) The
right of Chinese to work mining claims was denied them under legis
lation authorized by section 8, article 15, of the constitution of the
State of Oregon. In a case coming before a federal court, involving
this right, it was held that the Chinese were within their treaty
rights in working claims, any law of the State or provision of its
constitution to the contrary notwithstanding. (c).
Section 2952 of the Political Code of California immediately affected
immigration by directing the state commissioner of immigration
to require of the master, owner, or consignee of any vessel a bond
of indemnity for the benefit of any municipality that might be at
costs on account of the infirmities or vices of certain classes of immi
grants. This 'act was deemed in effect if not in form as addressed
to immigrants of a particular nationality, and was held to be in
conflict with a statute of the United States (act of May 31, 1870),
which prohibited the imposition or enforcement by any State of any
tax or charge upon persons immigrating thereto from a foreign
country which is not equally imposed or enforced upon every person
immigrating from any other foreign country. (d) A law was enacted
by the legislature of this State in 1891 (ch. 140) attempting the
absolute prohibition of Chinese immigration. This act was held to
go beyond the power of the State and to conflict with the Constitu
tion of the United States, which gives to Congress the exclusive
power of legislation on the subject of immigration.^) The Federal
Government itself was held to have exceeded its legislative powers
a Juniata Limestone Co. v. Fagley, 187 Pa. St. 193, 40 Atl. 977; Fraser v. McConway
& Torley Co. 82 Fed. 257.
&Baker v. City of Portland, Fed. Cases, No. 777,5 Sawy. 566; In re Parrott, 1 Fed. 481.
c Chapman v. T oy Long, Fed. Cases, No. 2610, 4 Sawy. 28.
d in re Ah Fong, Fed. Cases, No. 102, 3 Sawy. 144.
* E x parte Ah Cue, 101 Cal. 197, 35 Pac. 556.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
935
by an act (sec. 4, ch. 60, act of May 5, 1892), which provided that
if Chinese were found to be unlawfully within the boundaries of the
United States they should be imprisoned at hard labor for not more
than one year and then deported. The Supreme Court held that
while immigration might properly be restricted by congressional
action, imprisonment at hard labor without trial was in violation
of the fifth and sixth amendments of the Constitution, which pro
vide that no one shall be held for capital or otherwise infamous crimes
unless on presentment or indictment by a grand jury, and that in
all criminal prosecutions the accused shall have speedy and public
trial by an impartial jury. The act in question conferred an excess
of authority upon the executive officers of the United States and was
therefore void.(a)
The difficulties attendant upon legislation of the above nature
were foreshadowed in an act of the Louisiana legislature of 1842
(act No. 123), providing that no free negroes should come, into the
State on any vessel as a member of the crew or as a passenger, and
requiring the commitment of anyone so brought, the costs to be
paid by the master of the vessel. This statute was declared void
as in violation of the provisions of the fourth article of the Constitu
tion of the United States as to the rights of citizens of each State
being recognized in all the States. ( 6)
A law, the intent of which was to protect domestic labor from the
competition of outside labor was embodied in the labor law of New
York (Acts of 1897, ch. 415, sec. 14), which provided that “ all stone
of any description, except paving blocks and crushed stone, used in
state or municipal works in this State, or which is to be worked,
dressed, or carved for such use, shall be so worked, dressed, or carved
within the boundaries of the State.” A contractor on public works
in New York City set a sewer basin of granite, cut, dressed, and carved
in New Jersey, and was denied payment, in accordance with the pro
visions of the above law. The law was declared unconstitutional as
conflicting with the property rights of the contractor, invading his
powers as a citizen to make contracts, and attempting to make acts
and omissions penal which are in themselves innocent and harmless.
It was also held to be in conflict with the commerce clause of the
Federal Constitution. ( c) It may be mentioned in this connection that
an ordinance of the city of St. Louis which contained a provision
similar to the above was held by the supreme court of Missouri not
to be of itself invalid, and, according to the facts developed in the case
under consideration, not to have restricted competition nor increased
the cost of the public works in connection with which the action was
« Wong Wing v. United States, 163 U. S. 228, 16 Sup. Ct. 997.
*>The Cynosure, Fed. Cases, No. 3529, 1 Spr. 88.
c People ex rel. Treat v. Coler, 166 N. Y . 144, 59 N. E. 776.
936
BULLETIN O F
TH E BUREAU OF LABOR.
brought. The ordinance was therefore held not to be unconstitu
tional. (°)
The prevention of competition between free and convict labor is
attempted by statutes restricting the sale of convict-made goods,
requiring that they be marked, or that dealers therein be required to
procure a license, or both. Laws of New York (ch. 698, Acts of
1894, and ch. 931, Acts of 1896) and of Ohio (act of May 19, 1894)
of the above intent were declared unconstitutional inasmuch as it
was not competent for state legislatures to pass laws discriminating
against or excluding by unfriendly legislation articles of manufacture
transported from another State, the powers of Congress being complete
and exclusive in the regulation of commerce . ( b)
EMPLOYMENT OFFICES.
The conduct of employment offices is regulated by statute in many
jurisdictions, the validity of such laws being generally sustained.
The California statute, however (Acts of 1903, ch. 11), contained a
provision limiting the fee to be charged by the office for its services
in procuring employment, which provision was declared by the
court to be an unconstitutional infringement on the right to con
tract. (c) The provision is found in the laws of several States. It is
clearly within the principle of laws regulating rates of interest and
discount, and is not, so far as known, regarded as invalid elsewhere.
Where the public undertakes the conduct of employment offices,
the service rendered must be without discrimination, so that a pro
vision of an act of the legislature of Illinois (Acts of 1899, p. 268),
which forbade the furnishing by public employment offices of names
of applicants for work to employers whose workmen were on strike,
was necessarily unconstitutional. Two discriminations were pointed
out by the court, one against employers whose employees were on
strike and the other against workmen seeking employment who were
willing to accept service where workmen had gone out as strikers, the
rights of these two classes being under the constitution coordinate
with those of other groups of employers and workmen. (d) A few of the
Southern States embody in their taxing laws a heavy tax on emigrant
agents, i. e., persons engaged in the hiring of laborers to go outside
the State for service. An act of the legislature of North Carolina
(Acts of 1891, ch. 75) laid a tax of $1,000 on the conduct of the
business of emigrant agent in that State, the law applying to a few
designated counties. The court declared that this law, prescribing no*&
« Allen v. Labsap, 188 Mo. 892, 87 S. W. 926.
&People v . Hawkins, 85 Hun 43, 32 N. Y . Supp. 524; same case, 157 N. Y . 1, 51 N. E.
257; Arnold v. Yanders, 56 Ohio St. 417, 47 N. E. 50; In re Yanders, 1 Ohio N. P. 190,
2 Ohio Dec. 126.
c E x parte D ickey, 144 Cal. 234, 77 Pac. 924.
Mathews v. People, 202 111. 389, 67 N. E. 28.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
937
regulation as to conduct of the business nor any police supervision,
was restrictive and prohibitory, and void as an attempted exercise
of police power; or, if to be considered as a taxing law, it was void
for want of uniformity. (a)
A law of Alabama (Acts of 1881-82, p. 162) that was held to inter
fere unwarrantably with the rights of both employers and workmen
provided that no person should be permitted to employ, engage,
contract with, or in any other way induce laborers to leave certain
counties, where the intention was to remove such laborers from the,
State, unless the person so employing, etc., had paid a license tax of
$250 for each county. This act was construed by the court as restrict
ing the rights and privileges of laborers to free emigration as citizens
of the United States, inasmuch as it was not a tax on the occupation
of employment or emigrant agent, but upon the act of hiring even a
single employee, and was for this reason held to be unconstitutional. (6)
RATES OF WAGES.
Numerous statutes have been enacted directed to the subject of*
wages, regulating the amount, security for payment, medium and
time of payment, suits, assignments, etc. A considerable number
of laws of this class has been declared unconstitutional by the courts,
either because of their infringing on the right to contract or because
they were discriminatory in their nature. A law of the State of New*
York (Acts of 1897, ch. 415), amended by chapters 192 and 567 of
the Acts of 1899, required that rates of wages on public work be
not less than the prevailing rates in similar employments in the
locality in Which the work was done. B y its terms the law applied
to employment directed by the city and to work done by contractors
as well, the penalty for violation by a contractor being the withhold
ing of the amount due under his contract. In a case in which a con
tractor sued to compel payment on a contract for work done by him
for the city of New York, in the performance of which he had paid
less than the current wages, the act was declared unconstititional as
invading the rights of liberty and property, denying to the city and
to contractors the right to agree with their employees as to the.
amount of compensation to be paid. The statute was also con
demned as penalizing acts in themselves innocent and harmless. (c)
In a subsequent case the attitude indicated above was modified to
the extent of holding that the city was governed by this law in so far
as it related to direct employment by the municipalities, though it
was void as to contractors, who must simply effect specified results,
and who are at liberty to make contracts freely with their workmen. (<*)
................... ......... ....................................................................................................... e_______________________________________________ _
a State v. Moore, 113 N. C. 697,18 S. E. 342.
6 Joseph v. Randolph, 71 Ala. 499, 46 Am . R ep. 347.
c People ex rel. Rodgers v. Coler, 166 N. Y . 1, 59 N. E. 716.
a Ryan v. City of New York, 177 N. Y . 271, 69 N. E . 599.
938
BULLETIN OF TH E BUREAU OF LABOR.
It may be noted that, following the action of the people of New York
in adopting an amendment to their constitution authorizing the
legislature to regulate the conditions of employment on public works,
whether the work be done by the State or municipality directly, or
through the agency of a contractor, the legislature reenacted the
above law, in practically its original form, including the regulation
of the hours of labor (which had also been declared unconstitutional—
see p. 948 below), and that the present law has been upheld by the
courts. (°)
An Indiana statute (act of Mar. 9, 1901) provided that unskilled
laborers employed upon any public work of the State, counties,
cities, and towns, should be paid at a rate of not less than 30 cents an
hour. The supreme court of the State held that counties, cities, and
towns are corporations with a right to make contracts for the expen
diture of money raised by local taxation, and are not subject to the
arbitrary and unlimited control of the legislature. The law was said
to be obnoxious also in that through its operation a citizen might be
deprived of his property without due process of law, and that inas
much as the law merely attempted to fix a minimum rate of wages
to be paid a single class of laborers, it undertook an unnatural classi
fication, rendering the statute invalid, as class legislation.^) In
contrast with the above view as to the rights of municipalities, is the
declaration of the Supreme Court of the United States that munici
palities are but the agents of the State for the performance of certain
duties best attended to locally, but none the less entirely under the
control and regulation of the State where it chooses to exercise such
power. (c)
The regulation of private contracts was attempted by a law of
Massachusetts (Acts of 1891, ch. 125), providing that “ no employer
shall impose a fine upon, or withhold the wages of, an employee
engaged at weaving for imperfections that may arise during the
process of weaving.” This statute was condemned as interfering
with the right to make reasonable contracts,^) and has been suc
ceeded by a law which permits deduction for imperfect weaving
according to a rate previously agreed upon by the parties in interest.
The determination of the amount of wages earned by coal miners
has been made a frequent subject of legislation, the gist of the statute
usually being that coal should not be screened until it has been
weighed and credit given to the miner for the full amount mined by
him. Laws of this class (Illinois, acts of June 14, 1883, June 29,
1885, June 10, 1891, and July 1, 1891; Ohio, act of Mar. 9, 1898;*&
« People ex rel. Williams Eng. & £5ont. Co. v. Metz, 193 N. Y . 148, 85 N. E . 1070.
& Street v. Varney Electrical Supply Co., 160 Ind. 338, 66 N. E . 895.
c Atkin v. Kansas, 191 U. S. 218, 24 Sup. Ct. 124.
d Com. v. Perry, 155 Mass. 117, 28 N. E . 1126.
LABOR LAW S DECLARED U NCONSTITUTIONAL.
939
and Pennsylvania, act of July 15, 1897) were declared unconstitu
tional as depriving property owners and laborers of the right of
making contracts concerning their respective interests, without
advancing the general welfare or the public health or morals. They
were also declared invalid as affecting the freedom of contract of
only one class of persons. (°) A bill before the legislature of Colorado
in 1895 proposing to regulate the weighing of coal and the mode of
determining the basis of compensation for mine labor was submitted
to the supreme court of the State, which held that such a law would
be in conflict with the constitutional provisions to the effect that no
person shall be deprived of liberty or property without due process
of law.(**6) Such laws as those considered above have, however, been
declared constitutional.^)
MECHANICS’ LIENS.
The laws of most States give a lien on the property worked on as a
security for the payment of the wages of labor or value of material.
These laws are, in themselves, approved by the courts, but certain
incidental provisions or methods of enforcement have been in
corporated in the statutes of some States in such form as to receive
the condemnation of the courts. Thus a law of California (Code of
Civil Procedure, sec. 1203), was declared invalid because it made
the owner of the property and the contractor for labor thereon
jointly liable for wage debts, thus virtually charging the owner with
all debts a contractor might incur, and destroying the value of his
agreement with the contractor, by this means depriving the owner
to some extent of his property, interfering unduly with contracts of
a certain class, and effecting unconstitutional discriminations. (d)
Much the same defect was found to exist in the act of June 8, 1891,
of the Pennsylvania legislature, which declared contractors to be
the agents of the owner in ordering work or materials in or about the
construction or erection of any work, and gave the subcontractor a
lien, notwithstanding stipulations to the contrary between the owner
and the contractor, unless the subcontractor had agreed in writing
to waive his lien. This statute was held to change without their
consent the contract entered into by the owner and his contractor,
thus violating the provision of the state constitution which declares
indefeasible the right of acquiring, possessing, and protecting prop
er Ramsey v. People, 142 111. 380, 32 N. E. 364; Millett v. People, 117 111. 294, 7 N. E.
631; Harding v. People, 160 111. 459, 43 N. E. 624; In re Preston, 63 Ohio St. 428, 59
N. E. 101; Com. v. Brown, 8 Pa. Super. Ct. 339.
& In re House Bill No. 203, 21 Colo. 27, 39 Pac. 431.
c McLean v. State, 211 U. S. 535, 29 Sup. Ct. 206; Peel Splint Coal Co. v . State, 36
W. Va. 802, 15 S. E. 1000.
d Gibbs v. Tally, 133 Cal. 373, 65 Pac. 970.
940
BULLETIN OF TH E BUBEAU OF LABOR.
erty;(°) so also of a similar statute of Ohio (Annotated Statutes, sec.
3184, as amended by act, p. 135, Acts of 1894). ( 6) The Minnesota leg
islature enacted a lien law (ch. 170, Acts of 1887) which was con
demned by the supreme court of that State on six separate grounds.
It was held, first, that a provision making homesteads subject to liens
was invalid, since homesteads can not be made the subjects of liens
in the absence of an agreement between the parties; secondly, that
a provision making a mere failure of a contractor who has received
his pay from the owner to pay his laborers and material men from
such fund, though not guilty of fraud, a felony punishable by im
prisonment, violated that provision of the state constitution which
prohibits imprisonment for debt; third, that making the fact that
the person who performed the labor or furnished the material was
not enjoined by the owner from doing so conclusive evidence that
the service was rendered with his consent was an attempt to make
evidence conclusive’ which is not so necessarily in and of itself, thus
precluding a party from showing the truth, and practically depriving
of vested rights without due process of law. Another invalid pro
vision was one that declared that the deed of a sheriff after sale under
a lien should take precedence over any other title; also one that
assumed to give a mechanic's lien precedence over prior incum
brances, the court ruling that liens must take effect in the order of
time, since to hold otherwise would deprive other creditors of property
without their consent. The last ground named for condemning this
act was its provision making it the duty of the courts, where there
was doubt as to the construction of the act, to so construe it as to
give a person performing any labor the full amount of his claim,
this provision being pronounced to be an invasion of the function of
the judiciary, to which alone belongs the right of construing such
laws as legislatures may enact. (c)
ACTIONS TO RECOVER WAGE DEBTS.
Suits for wages have been made the subject of legislation with the
intention of giving special privileges to a class of small claimants on
whom the costs and delays of legal procedure are supposed to be
unduly burdensome. Thus in connection with the enforcement of
mechanics' liens, a provision has frequently been incorporated giving
to lien claimants an award of a limited sum for attorneys' fees in
cases where they establish their claim. Such laws are found in Illi
nois (Revised Statutes (1905), ch. 82, sec. 31); Colorado (Acts of
1893, ch. 117, sec. 18); Utah (Revised Statutes, sec. 1400); Kansas
(General Statutes, sec. 5125); Alabama (Acts of 1890-91, p. 578, sec.
2); California (Code of Civil Procedure, sec. 1195), etc. In each of
« Waters v. Wolf. 162 Pa. St. 153. 29 AtL 646.
b Palmer v. Tingle, 55 Ohio St. 423, 45 N. E. 313.
c Meyer v. Berlandi, 39 Minn. 438, 40 N. W. 513.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
941
the States named the courts of last resort have condemned the pro
visions as being unlawful discriminations in favor of certain suitors
who are not distinguishable from other litigants on any proper basis,
the laws being, therefore, subject to condemnation as special or class
legislation. Inasmuch also as the rights are not reciprocal, a defend
ant property holder is subjected to the liability of a compulsory
payment of additional costs without the privilege of recovering like
costs in case of its successful defense. In one court it was said that
the provisions of such a statute are in Utter conflict with the four
teenth amendment of the federal Constitution.^) Such a provision
has been held constitutional.^)
More general laws have been enacted in a few States (Ohio, Rev.
Stat. sec. 6563a (89 O. L. 59); Oklahoma, Acts of 1895, ch. 51;
and Texas, act of Apr. 5, 1889), giving the privilege of recovering
attorneys’ fees in suits for wages without regard to the establishment
of lien claims. These laws were condemned on the same basis as
were those cited above. (c) The courts are not uniform, however, in
their rulings on this point, some courts holding that such fees were
taxed not as a penalty but as a fair award of costs .(d)
The legislature of Michigan enacted two laws of somewhat the
same nature as the above (Howell’s Annotated Statutes, sec. 7317,
and Acts of 1885, No. 14) which were declared unconstitutional by
the supreme court of that State. The first of these provided that in
actions for wages or earnings payable for services performed by any
individual or company after action had been begun in the county
wherein the work was done or the plaintiff or plaintiffs reside, the
process or declaration might be served in any adjoining county of the
State. This was held to be class legislation, since it applied only
where services were rendered by individuals or companies, excluding
corporations from its benefits; secondly, it allowed jurisdiction of a
justice of the peace to be extended for certain classes of claims, deny
ing this privilege to others. (e) The second law provided different
exemptions from execution where the judgment was for a claim for
labor than those allowed in other cases. This, too, was condemned as
special legislation.^)*2
1
a Randolph v. Builders and Painters’ Supply Co. 106 Ala. 501,17 So. 721; Builders*
Supply Depot v. O ’ Connor, 150 Cal. 265, 88 Pac. 982; Davidson v. Jennings, 27 Colo.
187, 60 Pac. 354; Manowsky v. Stephan, 233 111. 409, 84 N. E. 365; Atkinson v. Woodmansee, 68 Kansas 71, 74 Pac. 640; Brubaker v. Bennett, 19 Utah 401, 57 Pac. 170.
&Schmoll v. Lucht, 106 Minn. 188,118 N. W . 555.
cCoal Co. v . Rosser, 53 Ohio St. 12, 41 N. E . 263; Chicago, etc., R . Co. v. Mashore,
21 Okla. 275, 96 Pac. 630; Gulf, etc., R . Co. r. Ellis 165 U. S. 150, 17 Sup. Ct. 255.
Title Guarantee & Trust Co. v. Wrenn, 35 Oreg. 62, 56 Pac. 271; Singer Mfg. Co.
v . Fleming, 39 Nebr. 679, 58 N. W. 226; Vogel v. Pekoe, 157 111. 339, 42 N. E. 386;
Coal C<r.
McGlosson, 166 In d. 561, 77 N. E. 1044.
« O’ Connell v. Lumber Co. 113 Mich. 124, 71 N. W . 449.
/B urrow s v. Brooks, 113 Mich. 307, 71 N. W . 460.
942
BULLETIN OF TH E BUREAU OF LABOR.
GARNISHMENT AND ASSIGNMENTS OF SALARIES AND WAGES.
A statute of the State of Illinois subjecting to garnishment the wages
of employees of counties, cities, villages, school districts, and depart
ments of either (Acts of 1905, p. 285) was declared unconstitutional
as class legislation, since it discriminated between the employees of
designated classes of municipalities and those of other municipalities. (°)
Assignments of salaries and wages were regulated by an act of the
legislature of Illinois (act of May 13, 1905), the law requiring com
pliance with certain formalities, such as acknowledgment before a
justice of the peace, entry on his docket, service of notice on the
employer, and joint signature by the husband or wife of a married
assignor. The law also declared assignments tainted with usury
invalid. This act was held to be unconstitutional, as interfering with
the right to labor and to dispose freely of the compensation received
therefor. The question was raised but not answered whether or not
if the law applied to wages only it might stand, two judges holding
that even so it would be invalid. As covering both salaries and wages,
however, it was held not to be a proper exercise of the police power;
while it was said to be unconstitutional also in its discrimination
against usurious contracts of this particular sort, other usurious
contracts being not so dealt with. (b) Persons engaged in the business
of purchasing a s s ig n m e n t s of unearned wages were taxed by a law
of Texas (Acts of 1905, ch. 111). This law, too, was held to be
discriminatory and in restraint of the freedom of trade guaranteed
by the federal Constitution. (c)
Several States have laws intended to conserve the rights of resident
laborers under the laws of the State by forbidding holders of claims
against a laborer to send their claims outside the State for the pur
pose of bringing action under laws less favorable to the defendant
than are those of the State of his residence. A law of this nature
(Missouri Revised Statutes, sec. 2356) was said to discriminate
between wage-earners and other debtors and between residents of
Missouri and other creditors. The statute is also condemned as an
attempt at extrastate legislation and an infringement on the equal
rights of citizens of different States.(d)
TIME OF PAYMENT OF WAGES.
Laws regulating the time of the payment of wages have been sus
tained in a number of jurisdictions, while in others they have been
regarded as interfering with the right of private contract. Thus
an Indiana statute (act of Feb. 28, 1899), which provided that every*6
°B adenoch v. City of Chicago, 222 111. 71, 78 N. E. 31.
6 Massie v. Cessna, 239 111. 352, 88 N. E. 152.
c Owens v. State, 53 T ex. Crim. App. 105, 112 S. W. 1075.
d In re Flukes, 157 Mo. 125, 57 S. W. 545.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
943
employer of labor should make weekly payments for the full amount
due for such labor and authorized the chief factory inspector or any
person interested to bring suit in the name of the State against any
employer who failed to comply with the law within ten days after
the wages were due, was declared not to be within the police power
.of the State. It was said to fix an absolute rule to govern the em
ployer and the employee, regardless of their wishes, from which they
could not depart without incurring a penalty. It was therefore con
demned as depriving of their property the persons affected without
due process of law. (a) A law of Pennsylvania (act of May 20,1891),
which required all employers engaged in mining and manufacturing
to pay their workmen semimonthly, under penalty of fine for failure
to do so, was held to impair the obligation of contracts, to interfere
with the right to acquire and possess property, and to violate the
provision of the state constitution, which prohibits local or special
laws regulating trade, mining, or manufacturing.^) The weeklypayment law of Illinois (act of July 23, 1891), provided for the pay
ment of all wages earned up to within six days of pay day. This law
was declared void for the same reason given above in the case of the
Indiana statute. (c) So also of a law of Ohio (Annotated Statutes, sec.
4364-63, 88 O. L. 553), which contained the added fault of an appli
cation only to certain classes of employers. (d) The law of Indiana
(Annotated Statutes of 1901, secs. 7056,7057), proposing a monthly
pay day for the manual laborers employed by companies, corpora
tions, and associations, was declared invalid as imposing on the desig
nated classes of employers burdens not imposed on individual em
ployers, and also as discriminating between manual laborers and other
employees. (e) The legislature of California in two distinct acts
attempted to confer upon wage-workers certain privileges and securi
ties that were held by the courts to contravene the provisions of the
constitution. Thus an act (ch. 146, Acts of 1891) which gave a
preferred lien in case of the failure to pay weekly or monthly the
wages earned by and due to mechanics and laborers, was construed
by the supreme court as giving rise to a lien in favor of those mechan
ics who are employed by the week or month and not furnishing the
same protection for those otherwise employed, thus attempting an
arbitrary classification.^) A somewhat later law (ch. 170, Acts
of 1897), required every corporation doing business in the State to
pay wages to its employees at least monthly, failing which the em
ployee had a preferred lien, and, on securing judgment was entitled&
® R epublic Iron & Steel Co. v. State, 160 Ind. 379, 66 N. E. 1005.
&Com. v. Isenberg, 8 K ulp 116, 4 Pa. Dist. R . 579.
c Braceville Coal Co. v. People, 147 111. 66, 35 N. E. 62.
^State v. Lake Erie Iron Co., 33 0 . L. B. 6, 1 0 . S. U. 254.
t Toledo, etc., R . Co. v. Long, 169 Ind. 316, 82 N. E. 757.
/ Slocum v. Bear Valley Irrigation Co., 122 Cal. 555, 55 Pac. 403.
64181°— No. 91— 11----- 6
944
BU LLETIN OF TH E BUREAU OF LABOR.
to a reasonable attorney’s fee. Delinquent corporations were also
subject to a fine of not less than $50 nor more than $100 for each vio
lation. This act was held unconstitutional as discriminating against
corporations as compared with other employers, as giving a special
lien upon all the property of a corporation without requiring descrip
tion or notice, as giving a laborer the right to an attachment, without
making the affidavit and filing the undertaking required of other
suitors, as giving to a single class of claimants the right to recover
attorneys’ fees under a special statute, as restricting the right of
competent parties to make their own contracts as to terms and times
of payment, and as punishing by fine arbitrarily fixed any variation
from the prescribed rule.(a)
Laws fixing the time of payment of wages, but adopting a different
determination of the time for such payments than those noted above,
are those that direct the wages due employees at the time of their
discharge to be paid to them at that time without reference to the
usual day of payment of wages, under penalty of an added percentage
to the demand, or the continuation of wages at the same rate for a
limited period, where the law is not complied with. An act of the
legislature of Arkansas (act of Mar. 25, 1899), containing the latter
provision, was held by the supreme court of that State to be an
invasion of the constitutional rights of natural persons, but was con
strued as a valid exercise of the power of the State with reference to
corporations^*6) A Texas statute (Acts of 1887, ch. 91) applicable
only to discharged railroad employees was declared invalid by the
courts as not protecting equally the interests of the employer and
employee. (c)
PAYMENT OF WAGES IN SCRIP.
Laws restricting the use of scrip or tokens as a medium of payment
have been sustained by the Supreme Court of the United States, but
the form in which such laws have been enacted has occasioned their
condemnation in several instances, while in some States the right to
enact a law of this class is held to be outside the power of the legis
lature. Certain acts of the legislature of Arkansas* (No. 161, Acts of
1901, and No. 143, Acts of 1905) were declared improperly dis
criminatory and therefore unconstitutional because they exempted
from their application mines employing fewer than 20 m en .(d) A
Missouri statute (Rev. Stat. of 1889, secs. 7058, 7060) was declared
unconstitutional as class legislation, since it applied only to employers
engaged in manufacturing or mining; (e) while another statute of
a Johnson v. Goodyear Mining Co., 127 Cal. 4, 59 Pac. 304.
&Leep v. St. Louis, etc., R . Co., 58 Ark. 407, 25 S. W . 75.
c San Antonio & A . P. R . Co. v. Wilson, 19 S. W . 910 (Texas).
d Union Sawmill Co. v. Felsenthal, 84 Ark. 494,108 S. W . 217.
e State v. Loomis, 115 Mo. 307, 22 S. W . 350.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
945
the same State (secs, 8142, 8143), which prohibited the issue of any
order, n6te, check, memorandum, token, evidence of indebtedness,
or other obligation, unless the same was negotiable and redeemable
at its face value in money of the United States, was held to be uncon
stitutional on the broad ground that it interfered with the freedom of
contract.^) The same view was taken of the law of Pennsylvania
(act of June 29, 1881), which provided that wages should be paid
only in lawful money and at regular intervals; (**6) so of the law of
Texas (Acts of 1905, ch. 152), which prohibited the payment of
wages in store orders or merchandise. (c) The supreme court of
Tennessee held that a law of that State (ch. 209, Acts of 1887)
which provided that persons refusing to redeem in lawful currency
any checks or scrip issued in payment of wages should be guilty of a
misdemeanor and liable to fine, violated the spirit if not the letter
of the provisions of the constitution which prohibit laws authorizing
imprisonment for d eb t.(^ ) The court of last resort of West Vir
ginia declared the scrip law of that State (Acts of 1887, ch. 63)
unconstitutional as special legislation, because it applied only to
persons engaged in mining and manufacturing. (*) The same defect
was found by the courts to exist in an Illinois statute (Acts of 1891,
p. 212) which provided that no deductions from wages should be
made by any employer of labor except for lawful money, or checks, or
drafts actually advanced without discount, and except agreed sums
for hospital fees, but exempting farmers and farm laborers from its
provisions; (/) this act was said also to interfere in an unauthorized
manner with the privilege of contracting.
COMPANY STORES.
Of similar intent with the above laws are laws that restrict or pro
hibit the operation of so-called company stores and the issuing of
orders in payment of wages. Indeed, these two provisions are fre
quently combined in the same law, as was the case with the Illinois
statute referred to above, reproduced as sections 442 to 448 of chapter
38 of the Annotated Statutes of 1896. The provision forbidding per
sons, companies, corporations, or associations engaged in mining or
manufacturing to be interested directly or indirectly in truck or supply
stores, or in any scheme to supply tools, clothing, provisions, etc., to
employees, but not including other classes of employers under like
restriction, was declared unconstitutional on account of such discrim
oLeach v. Missouri Tie & Timber Co., I l l Mo. App. 650, 86 S. W . 579; State v.
Same, 181 Mo. 536, 80 S. W . 933.
&Godcharles v. Wigeman, 113 Pa. St. 431, 6 Atl. 354.
c Jordan v. State, 51 Texas Cr. App. 531, 103 S. W. 633.
^State v. Paint R ock Coal & Coke Co., 92 Tenn. 81, 20 S. W . 499.
«State v. Goodwill, 33 W . Ya. 179,10 S. E. 285.
/K e lly v ille Coal Co. v. Harrier, 207 111. 624, 69 N. E. 927.
946
B U LLETIN OE TH E BUREAU OF LABOR.
ination.(°) The Maryland statute (ch. 493, Acts of 1898), which
prohibited railroad and mining corporations in Allegany County,
their officers and agents, from selling or bartering goods, wares, or
merchandise to their employees was declared void because of its vio
lation of the equal protection clause of the fourteenth amendment.^)
A bill before the Colorado legislature in 1897 proposed to prohibit
employers who paid the wages of their employees in goods or supplies
of any kind, directly or through the intervention of scrip or orders,
from charging higher prices than the reasonable or current market
value in cash of such goods or supplies. This bill was laid before the
supreme court of the State, which held that this provision unwar
rantably undertook to regulate prices, and would not be valid as
legislation. (c)
An act of the Ohio legislature (act of Feb. 8, 1887) prohibited
the issue of checks, scrip, tokens, etc., purporting to be redeemable
otherwise than in money, but permitted orders to be issued on stores
in which the employer had no interest. This law, too, was declared
unconstitutional because discriminatory.^) The West Virginia stat
ute mentioned above (Acts of 1887, ch. 63) contained a provision
prohibiting persons and corporations engaged in mining and manu
facturing and interested in the selling of merchandise and supplies
from selling goods to their employees at a greater per cent of
profit than that at which they sell to persons not employees. This
statute was held to interfere unjustly with private contracts and busi
ness, since a seller might consider various facts in determining the
prices to be charged for his goods and should be free to do so.(e)
Chapter 145, Acts of 1897, of the Kansas legislature, forbade employ
ers to issue in payment for work done any check, order, or token, other
than a check or draft on a bank in which money was on deposit to cash
the same. It also made it an offense to compel or attempt to compel
the. employees of a corporation or trust to purchase goods or supplies
at any particular store or place; and finally restricted the application
of the law to corporations or trusts employing 10 or more persons.
It was held that the discriminations between corporations on the one
hand and other classes of employers on the other, and secondly,
between corporations and trusts employing 10 or more men and those
employing a smaller number, were arbitrary and unequal. It was
also said that the interference with the right of persons competent to
contract in their own behalf was an unwarranted violation of their
constitutional rights. (0 A statute of more general application was
®Frorer v. People, 141 111. 171, 31 N. E . 395.
b Luman v. Hitchens Bros. Co., 90 Md. 14, 44 Atl. 1051.
c l n re House B ill No. 147, 23 Colo. 504, 48 Pac. 512.
d Marsh v. Poston & Co., 35 O. L. B . 327.
«State v. Fire Creek Coal and Coke Co., 33 W . Ya. 188,10 S. E . 288.
/S ta te v. Haun, 61 Kans. 146, 59 Pac. 340.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
947
enacted by the Indiana legislature in 1901 (Acts of 1901, p. 548), pro
viding that whenever any merchant or dealer in goods or merchandise,
or any other person (the words “ any other person” not being con
tained in the title), should take from any employee or laborer for
wages who labors in or about any coal mine an assignment of such
employee’s wages, and give in return therefor any order or check other
than a check on a solvent bank, or any token or device redeemable in
merchandise or anything else than lawful money of the United States,
such checks or tokens should at once become due and payable in cash
to the full amount of their face. This law was declared void as special
legislation, the title restricting its application to merchants on the
one hand and employees in or about coal mines on the other, disqual
ifying these classes to deal as other citizens may.(°)
Before passing from this group of laws, reference may be made
to decisions supporting statutes embodying the main principles
involved. (6)
HOURS OF LABOR.
Statutes regulating the hours of labor have been enacted in a num
ber of States, some affecting public employment only, others relating to
designated classes of employment, and still others embracing within
their scope labor generally. Laws of the first and second classes
usually attempt the restriction of the period of labor to that named
in the law, while in the third class the effect of the law is generally
simply to declare what shall constitute a day’s work in the absence
of contract, but not preventing contracts for a different working day.
It is probably a matter of general acceptance at the present time that
it is competent for the legislature to fix the hours of labor that shall
constitute a day’s work in public service of whatever class, (c) though
the courts of last resort of a few States have denied this power. Thus
the laws of New York (sec. 3, ch. 415, Acts of 1897), and of Ohio
(Annotated Statutes, secs. 4364-62a to 62d), limiting to 8 per day
the number of hours to be required of laborers on public works,
whether employed by a contractor or otherwise, were declared void
in their relation to contractors as not being within the police power
of the State, since they interfered with the right of municipal cor
porations to contract in matters concerning their own interests, over
which the State was not entitled to exercise supervision, and also*3
6
a D ixon v . P oe, 159 Ind. 492, 65 N. E. 518.
b Cumberland Glass Mfg. Co. v. State, 58 N. J. L. 224, 33 A tl. 210; K noxville Iron
Co. v . Harbison, 183 U. S. 13, 22 Sup. Ct. 1; Johnson, Lytle & Co. v. Spartan Mills,
68 S. C. 339, 47 S. E. 695; Union Sawmill Co. v. Felsenthal, 84 Ark. 494,108 S. W. 217;
Shortall v. Bridge, etc., Co., 45 Wash. 290, 88 Pac. 212; Peel Splint Coal Co. v. State,
36 W. Ya. 802, 15 S. E. 1000.
c Atkin v. Kansas, 191 U. S. 218, 24 Sup. Ct. 124; People ex rel. Williams E. & C.,
Co. v . Metz, 193 N. Y . 148, 85 N . E . 1070; Keefe v. People, 37 Colo. 317,87 Pac. 791.
948
BU LLETIN OF TH E BUREAU OF LABOR.
attempted to regulate the conduct of contractors in matters affecting
them and their workmen, in which the State was not concerned. (a)
These courts held that in the making of its contracts the municipality
was exercising private rights as the agent of its citizens and was not
subject to discriminatory state control. The contrary view is held in
the cases cited in note (c), p. 947, in which it was held that municipal
corporations are the creations of the State and mere political sub
divisions thereof, with only such powers as the State allows, which
are also subject to restriction or enlargement at the will of the creating
power; if a contractor wishes to do business with the State or any of
its subordinate agencies, he may not dictate on what terms he will
act, but must accept whatever terms the State offers or refrain from
such employment.
Following the decisions declaring the 8-hour law of the State
unconstitutional the constitution of New York was amended to
permit such legislation, and a new law enacted which was held to
be constitutional, following the rule laid down by the supreme court
in the case Atkin v. Kansas.
An ordinance of the city of Seattle, limiting to 8 per day the
hours of labor of workmen employed by contractors on any of the
public works of the city, was declared unconstitutional by the
supreme court of Washington as interfering with the right of persons
sui juris to contract with reference to matters that are neither
unlawful nor contrary to public policy. (*
*&)
The State of Washington enacted a law in 1899 (ch. 101) fixing
8 hours as the limit of a day’s work for the State or for any county
or municipality within the State. A case arose subsequently under
an ordinance of the city of Spokane which included the 8-hour pro
vision, and this was upheld on the authority of Atkin v . Kansas,
which was held to sustain not only the state law above referred to
but the municipal ordinance in harmony therewith as well.(c)
Ordinances of the city of Los Angeles and of the city of Chicago
containing provisions similar to those of the Seattle ordinance dis
cussed above were passed upon by the courts of last resort of Cali
fornia and Illinois, and they were likewise declared unconstitutional
as infringing upon the freedom of contract. (d) The State of California
now has a law limiting the hours of labor of employees on public
works, enacted subsequent to the above decision, and there is little
« People v. Orange Co. Road Const. Co., 175 N. Y . 84, 67 N. E. 129; People ex rel.
Cossey v. Grout, 179 N. Y . 417, 72 N. E . 464; City of Cleveland v. Clement Bros. Const.
Co., 67 Ohio St. 197, 65 N. E. 885.
&Seattle v . Smyth, 22 Wash. 327, 60 Pac. 1120.
c In re Broad, 36 Wash. 449,. 78 Pac. 1004.
d E x parte Kubach, 85 Cal. 274, 24 Pac. 737; Fiske v. People, 188 111. 206, 58 N. E.
985.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
949
doubt that the courts of that State would now hold as did the courts
of Washington in the Broad case, supra.
Private employment was addressed in a statute of Colorado
(ch. 103, Acts of 1899), limiting to 8 per day the hours of labor
of employees in all underground mines or workings and in smelters
and other institutions for the reduction or refining of ores or metals.
Prior to the enactment of this law, the legislature had submitted to
the supreme court of the State an inquiry as to the constitutionality
of such legislation, and the supreme court rendered an opinion
adverse thereto, holding that such a law would violate the rights of
parties to make their own contracts under the fourteenth amend
ment of the federal Constitution and the bill of rights of the State.
It was also said that the legislature could not single out the desig
nated industries and impose upon them special restrictions as to the
hours of labor of their employees. (a) The law above cited was, how
ever, passed by the legislature, only to be declared invalid by the
supreme court as an interference with private business and inequi
tably discriminatory,^) the court explicitly rejecting the doctrine laid
down by the Supreme Court of the United States in a case involving
a statute of Utah of like nature. ( c) It may be added that subse
quently to the rendering of the above decision the constitution of
Colorado was amended by the incorporation of a provision restricting
the hours of labor in these same employments to 8 per day, and that
in furtherance of its enforcement a law to this effect was enacted by
the legislature. An act was passed by the legislature of Ohio (act
of Mar. 26, 1890) to limit the hours of labor of employees on rail
roads, and require pay for overtime work done under the direction
of a superior or at the request of the company. This law was con
demned as interfering with the rights of private property. (d) The
legislatures of Missouri (Acts of 1907, p. 332) and Wisconsin (Acts
of 1907, ch. 575) enacted laws restricting the hours of employment
of train dispatchers. The law of the former State was declared
unconstitutional in so far as it affected interstate commerce; and
since it did not discriminate between employees engaged in such
commerce and those engaged in intrastate commerce the law must
fall as a whole, Congress having acted in such a manner as to cover
the ground of interstate commerce in the exercise of its powers under
the commerce clause of the Constitution. (e) When the Wisconsin law
was tested the court ruled that the prior enactment of a federal law
on this subject excluded state legislation, commerce being a matter*&
a In re Eight-Hour Law, 21 Colo. 29, 39 Pac. 328.
&In re Morgan, 26 Colo. 415, 58 Pac. 1071.
c Holden v. Hardy, 169 U. S. 366, 18 Sup. Ct. 383.
Railway Co. v. Gilmore, 8 Ohio C. C. R ep. 658.
« State v. Mo. Pac. R . Co., 212 Mo. 658, 111 S. W. 500.
950
B U LLETIN OF T H E BUREAU OF LABOR.
of federal and not of state control. It was further said that it was
impracticable to separate interstate and intrastate operations. (a) It
has been held, however, that state and federal laws may exist and
operate coordinately if the former are not in conflict with the latter. ( *&)
The much-mooted distinction between labor laws and health regu
lations caused a division of the courts when a law of New York (sec.
10, art. 8, ch. 415, Acts of i897), limiting the hours of labor of
employees in bakeries, was under consideration. The court of
appeals of New York sustained the law, three judges dissenting, on
the ground that it was a proper health regulation and within the
power of the State to enact. (c) On appeal to the Supreme Court of
the United States it was held, five judges to four, that the law
attempted an arbitrary interference with the freedom of contract and
could not be sustained as an exercise of the police power to protect
the public health, safety, morals, or general welfare. (d) The same
view was taken by the supreme court of Missouri (e) of a law of that
State (R. S. 1889, sec. 10088) relating to the hours of labor of
employees in bakeries. More general than the above laws was
a statute of Nebraska (ch. 54, Acts of 1891), which made 8 hours
a day’s labor for mechanics and laborers generally, providing that
for work over such time the employer should pay extra com
pensation. Farm and domestic laborers were excluded from the
application of the law, and for this reason it was held to be dis
criminatory. It was also condemned as infringing upon the right
of contract. CO
Laws fixing the hours of labor, making sex the basis of distinction,
have been condemned by the courts of a few States, the law of Illinois
(act of June 17, 1893), limiting to 8 per day the hours of labor of
females in certain employments, being pronounced by the supreme
court of that State a purely arbitrary restriction upon the funda
mental right of a citizen to control his or her own time and faculties,
substituting the judgment of the legislature for that of employers and
employees in matters about which they are competent to agree, and
depriving them of both liberty and property rights. It was said,
too, that there was nothing to indicate that the measure was a sani
tary one, and it could not, therefore, be supported. (?) This court
has sustained a later law fixing the hours of labor of females at 10
per day in designated employments, on the ground that such limita
®State v. Chicago, etc., It. Co., 136 Wis. 407, 117 N. W. 686.
&People v. Erie It. Co., — N. Y ., — 91 N. E. 849; L loyd v . It. Co., 151 Mo. 536,
66 S. E. 604.
c People v. Lochner, 177 N. Y . 145, 69 N. E. 373.
d Lochner v. New York, 198 U. S. 45, 25 Sup. Ct., 539.
« State v . Miksicek, 225 Mo. 561, 125 S. W . 507.
/ Low v. Rees Printing Co., 41 Nebr. 127, 59 N. W . 362.
QRitchie v. People, 155 111. 98, 40 N. E . 454.
LABOR LAW S DECLAKED UNCONSTITUTIONAL.
951
tion conduced not only to the health of woman, but also to the good
of the race, sex differences warranting statutory distinctions. (a)
The earlier decision was not expressly repudiated, but the new law
was shown by its title to have regard to health, which the old law
failed to state; and it was also said that the court in the earlier case
might not have held the law unconstitutional if the limitation had
been 10 hours instead of 8. Practically the same argument as that
presented in the earlier Illinois case was used by the court of appeals
of New York, holding unconstitutional a law of that State (Acts of
1903, ch. 184, sec. 77), which limited to 10 per day the hours of labor
of women and prohibited all work between 9 p. m. and 6 a. m., the
objectionable feature of the law being the absolute prohibition of
work between the specified hours, regardless of the duration of such
work.(6) The supreme court of Oregon and the Supreme Court of
the United States sustained a law of Oregon limiting to 10 per day
the hours of labor of females. (c) A law was enacted by the legis
lature of Colorado prohibiting the employment of women for more
than 8 hours per day in designated industries, and in other employ
ments “ at the discretion of the court.”
This provision was con
demned as an ineffectual attempt to delegate legislative authority,
the legislature alone having power to determine to what industries
the law should apply. One section of the statute prohibited employ
ment for more than 8 hours per day in any occupation requiring
women to stand or be on their feet. The constitution of the State
authorized legislative action with reference to any “ industry or labor
that the general assembly may consider injurious or dangerous to
health, life, or lim b.” It was held that by the terms of the statute
there was no finding by the legislature that the occupations covered
by the law were of the character included in the provisions of the
constitution above quoted, so that the law could not stand .(d)
SUNDAY LABOB.
Laws restricting or prohibiting labor on Sunday are generally
accepted as valid, unless improperly discriminatory. The California
legislature of 1858 enacted a law prohibiting Sunday labor, which
was declared unconstitutional and void because in violation of
religious freedom, enforcing the compulsory observance of a day
held sacred by believers in one religion, but not by others, thus dis
criminating in the favor of one class and against the other. (e)
« Ritchie & Co. v. Wayman, 244 111. 509, 91 N. E. 695.
b People v. Williams, 189 N. Y . 131, 81 N. E. 778.
c State v. Muller, 48 Oreg. 252, 85 Pac. 855; Muller v. Oregon, 208 U. S., 412, 28
Sup. Ct. 324.
d Burcher v. People, 41 Colo. 495, 93 Pac. 14.
« E x parte Newman, 9 Cal. 502.
952
BULLETIN OF TH E BUKEAU OF LABOR.
The common view taken of laws of this class is that they are social
and economic in their effect and not compulsory of religious observ
ance, and in a later opinion of the supreme court of California this
view was adopted. (°) Several cases appear in which laws of special
application were condemned purely on the ground of the arbitrary
singling out of a single occupation for the prohibition of labor therein.
Such a statute was an act of the legislature of California (Acts of 1880,
p. 80) prohibiting Sunday labor in bakeries, though the occupation
most commonly made the subject of such legislation is that of the
barber. (California Penal Code, sec. 3 1 0 Illinois, act of June 26,
1895; Indiana, ch. 64, Acts of 1907; Kentucky Statutes, sec. 1322,
etc.) A statute of Tennessee (ch. 106, Acts of 1887) was addressed
to the matter of barbers keeping bathrooms open on Sunday, but
allowed other proprietors to keep their baths open on that day.
Laws of this nature are practically identical in their form and in their
defects, being violative of the equal protection clause of the fourteenth
amendment, either because they prohibit certain occupations without
suitable basis for classification, or because they enact heavier penal
ties on those following certain employments than on others. ( *6)
LIABILITY OF EMPLOYERS FOR INJURIES TO EMPLOYEES.
The liability of the employer for injuries to his employees, as a
doctrine of the common law, has been affected by numerous statutes,
both directly and indirectly. The power of the legislature to cast
on the employer a degree of responsibility for the acts of fellowservants that did not exist at the common law is apparently ques
tioned in a case involving the constitutionality of a Pennsylvania
statute (Acts of 1891, p. 176).( c) No doubt exists, however, as to
the power of the legislature to modify or even abrogate entirely the
usual defenses of the employer by means of properly drawn statutes.
The statute above referred to made it obligatory upon the operators
of coal mines to employ licensed foremen, holding the employer
responsible for injuries occasioned by the negligent acts of such fore
men. The court ruled that employees of this class were fellowservants of the miners and that the employer could not be made
liable for their negligent acts, and, further, that such an employee
was a representative of the State and not of the employer, and that
a E x parte Andrews, 18 Cal. 678.
&E x parte Westerfield, 55 Cal. 550, 36 Am. R ep. 47; E x parte Jentzsch, 112 Cal.
468, 44 Pac. 803; Eden v. People, 161 111. 296, 43 N. E. 1108; State v. Granneman,
132 Mo. 326, 33 S. W . 784; Ragio v. State, 86 Tenn. 272, 6 S. W. 401; Armstrong v.
State, 170 Ind. 188, 84 N. E. 3; Stratman v. Commonwealth, — K y. — , 125 S. W.
1094.
e Durkin v. Kingston Coal Co., 171 Pa. St. 193, 33 Atl. 237. See also Golden v. Coal
Co., 225 Pa. St. 169, 73 Atl. 1103.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
953
the latter could not justly be held responsible for his negligence.
While the law was held to be constitutional in parts, the provisions
that were contrary to the above findings were declared to be unconsti
tutional and void. It may be said that the basis of this finding
has been negatived by practically the entire trend of recent legisla
tion and court decisions. (a) Recent opinions of the supreme court
of Pennsylvania recognize fully the power of the legislature to modify
the common-law rules as to employers7 liability. ( *6)
Laws affecting liability must show a proper basis of classification,
so that a statute abolishing the defense of common service in an action
for injuries to employees of corporations generally (Mississippi, Acts
of 1898, p. 85) was declared unconstitutional as imposing restrictions
on all corporations without reference to any differences arising out
of the nature of their business; and as such restrictions were not
imposed on natural persons, corporations were denied the equal
protection of the law.(c) The same criticism was made of a statute
of Indiana (Acts of 1893, p. 294), abrogating the defense of fellowservice for all corporations other than municipal corporations. The
court held in a case arising under the statute, as was held in the
Mississippi cases above cited, that a law abrogating the defense of
fellow-service could properly be enacted with reference to the opera
tion of railroads on account of the peculiar hazards connected there
with, but that to include all corporations within its scope was to
depart from any proper basis of classification. The law was therefore
declared unconstitutional, except in its application to employment
involving railroad hazards. (d) The same statute contained a pro
vision to the effect that if a citizen of Indiana was injured in another
State by the negligence of a fellow-servant on a railroad operating
into or through Indiana, the railroad company could not offer as a
defense in an action for injuries the decisions or statutes of the State
where the injury occurred. This provision of the law was rejected
by the courts as an attempt at extrastate legislation, the courts
saying that there is a recognized vested right of defense to an action
which is, in a sense, property, and that such a law would operate as
a confiscation of property rights; nor could it be invoked to give a
right of action for an injury sustained in another State if such right
does not exist under the laws of that State. (e)
« Missouri P. R . Co. v. Mackey, 127 U. S. 205, 8 Sup. Ct. 1161; Tullis v. R. Co.,
175 U. S. 348, 20 Sup. Ct. 136; Vindicator Co. v . Firstbrook, 36 Colo. 499, 86 Pac. 313;
Rhodes v. Sperry, etc., Co., 193 N. Y . 228, 85 N. E. 1097.
&Valjago v . Steel Co., 226 Pa. St. 514, 75 Atl. 728.
c Ballard v. Mississippi Cotton Oil Co., 81 Miss. 507, 34 So. 533; Bradford Co. v.
Heflin, 88 Miss. 314, 42 So. 174.
d Bedford Quarries Co. v. Bough, 168 Ind. 671,80 N. E. 529; American Car & Foundry
Co. v. Inzer, 172 Ind. 56, 87 N. E. 722.
« Baltimore & 0 . S. W . R . Co. v. Read, 158 Ind. 25, 62 N. E. 488.
954
BULLETIN OF TH E BUREAU OF LABOR.
A statute of South Dakota (Acts of 1907, ch. 219), abolished the
defense of fellow-service and modified the doctrine of contributory
negligence in cases of injury to employees of u every common carrier
engaged in trade or commerce in the State.” No distinction was made
between common carriers by railroad and those by street car, car
riages, omnibuses, wagons, drays, etc.; all employees were also
included without reference to the hazard of their employment.
In a case before the United States circuit court of appeals (a) the
failure to make proper classification in respect of the above points
was held to invalidate the statute as imposing unequal and unwar
ranted burdens upon common carriers as compared with other employ
ers, without reference to the dangers of the employment. The court
conceded that the hazards of railroad transportation warranted
special legislation applicable thereto, but declared that it was impos
sible for it to separate the invalid from the valid portions and sustain
the latter, since to do so would vary the expressed will of the legisla
ture and result in a form of judicial legislation, which the court
could not attempt. The statute was therefore declared unconstitu
tional in its entirety. A federal statute (Acts of Congress of 1905-6,
ch. 3073; 32 Stat. 232) abolished the defense of fellow-service in
actions for injuries to employees of common carriers engaged in inter
state commerce. This law failed to discriminate between employees
engaged immediately in commerce restricted within state boundaries
and those properly amenable to federal legislative action, and it
was for this reason declared unconstitutional. (*6) The act of April
22, 1908 (35 Stat. 65) undertook to reenact the valid provisions of
the above law, omitting such as were objectionable. In a case
arising under this law in the State of Connecticut, the court of last
resort of that State held the law invalid, except as applicable to inter
state commerce, declaring that it could not interfere with intrastate
commerce in order to remotely affect the former. An interstate
employee would therefore have no redress in case of an injury caused
by the act of an employee engaged only in intrastate commerce.
The law in question prohibited contracts waiving the rights secured
to employees by the statute and allowed employees guilty of con
tributory negligence to recover damages in cases where the negligence
of the employer was greater than that of the employee. Both these
provisions were declared unconstitutional by the same court, the
first as infringing on the freedom of contract and the second as arbi
trarily depriving the defendant of his property. The law also con
tained a provision as to the distribution of the amounts recovered
as damages for the death of injured employees, the rule therein laid
down differing from the statute of distributions of the State of Con
° Chicago, M. & St. P. It. Co. v. W estby, 178 Fed. 619.
&Howard v. I. C. R . Co., 207 U. S. 463, 28 Sup. Ct. 141.
LABOR LAW S DECLARED U NCONSTITUTIONAL.
955
necticut, and this was held to be an infringement on the rights of
the State, and therefore void.(a) The law has been amended (see
p. 1155) to meet some of the above objections, and an appeal taken to
the Supreme Court on some of the points. The same view as that
indicated above as to the provision prohibiting waivers was taken by a
federal court in passing on the Ohio statute (Acts of 1890, p. 149),
which declared contracts for the acceptance of relief benefits and
waiving the provisions of an employers7 liability law to be void.(6)
A statute of New Mexico (Acts of 1903, ch. 33) prescribed pro
cedure in actions for injuries, establishing limitations and prohibiting
the trial of actions for injuries arising within the Territory in the
courts of other jurisdictions. This law was condemned and ignored
in a case tried in the courts of Texas where the injury on which the
action was based was received within the limits of New Mexico. (c)
The law was declared null and of no effect by a joint resolution
of the United States Congress, May 13,1908, in the exercise of federal
supervision over territorial legislation.
The subject of the employers7 liability was taken up by the Mary
land legislature (Acts of 1902, ch. 139) in a manner differing from
any hitherto attempted in this country. The act established rules
to govern the liability of employers in certain industries, including
mining, quarrying, steam and street railways, and certain forms
of public works. It then provided that by contributions to a coop
erative-insurance fund paid in at a fixed rate per employee, onehalf of which might be deducted from the wages paid, the employer
should be relieved from the liability imposed upon him by the statute.
From the fund thus formed, which was to be administered by the
state insurance commissioner, $1,000 was to be paid to the heirs of
any employee whose death resulted from accident, if the insurance
commissioner was satisfied on inquiry that such payment would be
in accordance with the evidence and the provisions of the law. A
case under this law was tried in the court of common pleas of Balti
more, resulting in its being declared unconstitutional on the ground
that it invested one man with judicial or quasi judicial powers
without any provision for a trial by jury or any appeal from his con
clusions. It also embraced cases where, under existing law, the
employer was negligent and a clear right of action against him ex
isted, yet provided that employers contributing to the fund should
be exempt from any further liability. (^)
aH oxie v. New York, etc. R . Co., &2 Conn. 352, 73 Atl. 754.
b Shaver v. Pennsylvania Co., 71 Fed. 931, citing Cox v. R . Co., 1 Ohio N. P.
R ep. 213.
c Atchison, T. & S. F. R . Co. v . Mills, — Tex. Civ. App. — , 116 S. W. 852.
Franklin v. United R . & E. Co. of Baltimore, Court of Common Pleas. (Case
reported in Bulletin No. 57 of U. S. Bureau of Labor, p. 689.)
956
B U LLETIN OF TH E BUBEAU OF LABOR.
INSPECTION AND SAFETY OF FACTORIES, WORKSHOPS, ETC.
The physical conditions affecting workpeople in their places of
employment are the subject of laws known as inspection laws, the
fundamental principle of which is that the State may properly act to
secure the health and safety of employees, and such laws are uni
versally recognized as being valid. Defects of discrimination or im
proper classification, however, have caused some of the laws of this
particular class to be declared unconstitutional. Thus an act of the
New York legislature (Acts of 1884, ch. 272) which made it a
misdemeanor to manufacture cigars in any city of more than 500,000
population in any tenement house occupied by more than three fami
lies, but excepting houses in which there was on the first floor a store
for the sale of cigars and tobacco, was declared unconstitutional
because of such discrimination.^) The factory-inspection law of
California (act of Feb. 6, 1889) provided that certain installations
might be required if, in the opinion of the factory inspector, their use
would to a great extent prevent unhealthful conditions. It was
held that this law was a delegation of legislative authority to an exec
utive officer whose proper duties were to enforce prescribed regula
tions, and it was for that reason declared unconstitutional in so far
as this provision extended. ( *5)
Laundrymen have been a special object of legislation in a few
instances. Thus section 4079 of the Political Code of Montana con
tained a provision that male persons engaged in the laundry business
other than in steam laundries should pay a license fee of $10 per
quarter, or if more than one person was engaged of $25 per quarter;
such fee to permit the operation of one place of business only. The
license fee for steam laundries was fixed at $15 per quarter regardless
of the number of employees. A federal court declared this law
violative of the provisions of the fourteenth amendment, as dis
criminating against one. class of laundrymen and in favor of an
other. (c) An ordinance of the city of San Francisco which gave
the city board of supervisors discretion to grant or withhold licenses
for laundries unless located in buildings of brick or stone was brought
to the attention of the Supreme Court of the United States, and was
there condemned as invalid. In operation there was an admitted
discrimination against the Chinese, licenses being granted to Cau
casians under identical conditions as those prevailing in cases in
which they were uniformly denied to the Chinese. On this showing
the court condemned the ordinance, laying it down as a principle of
law that it was a violation of the fourteenth amendment to give to
« In re Jacobs, 33 Hun 374, 90 N. Y . 98, 50 Am. Rep. 636.
5 Schaezlein v. Cabaniss, 135 Cal. 466, 67 Pac. 755.
c In re Y ot Sang, 75 Fed. 983.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
957
any man or set of men absolute and unrestrained discretion to give
or to withhold permission to carry on a lawful business in any place,
citing the language of the Massachusetts bill of rights that government
should “ be a government of laws and not of men.” (a) A statute
of the Territory of Hawaii declared that “ it shall be unlawful for any
person to eject water or other fluid from his mouth upon any cloth
ing,” etc., in ironing or preparing for ironing the same. Whether or
not a properly drawn law of this intent would be constitutional was
not decided by the court, but since by its terms it would restrict one
from sprinkling his own clothing in his own way it was declared to
be an unwarranted interference with individual rights. (*6)
Section 10089 of the Revised Statutes of Missouri prescribed pro
visions for plumbing and ventilation in biscuit, bread, and cake
bakeries, but made no mention of pie and pastry bakeries, cracker
bakeries, or confectioneries. The court held that such omission
amounted to an unjustifiable discrimination between industries of
like nature, denying the equal protection of the law, and the statute
was declared to be unconstitutional.^)
PROTECTION OF EMPLOYEES ON STREET RAILWAYS.
A number of States have laws requiring the provision of inclosed
vestibules or platforms on street cars for the protection of motormen
from the inclemency of the weather, and such laws are regarded as
valid. A Texas statute (ch. 112, Acts of 1903) was so drawn as to
be applicable only to corporations operating street railways, thus
relieving firms or individuals carrying oh a similar undertaking from
the necessity of making such provision. For this discrimination and
because of vagueness and uncertainty in defining what would consti
tute an offense against the law it was declared unconstitutional.^)
MINE REGULATIONS.
Similar to the sanitary features of factory-inspection laws was a
provision of an Illinois law (act of May 14, 1903) requiring owners
or operators of coal mines to maintain wash rooms at their mines for
the use of miners and as a place for drying their clothes. This was
condemned as special legislation, the court holding that the condi
tions of employment of miners were not so different from the condi
tions in other occupations in respect of the matter sought to be
remedied as to warrant such a discrimination as was attempted by
this statute, (f)
a Y ick W o v. Hopkins, 118 U. S. 356, 6 Sup. Ct. 1064.
&Hawaii v. Ching Geung, 11 Hawaii Reports, 667.
c State v . Miksicek, 225 Mo. 561,125 S. W. 507.
Beaumont Traction Co. i>. State, — T ex. Civ. A pp. — , 122 S. W . 615.
«Stam e v. People, 222 111. 189, 78 N. E. 61.
958
BULLETIN OF TH E BUREAU OF LABOR.
LABOR ORGANIZATIONS.
Labor organizations have been made the subject of statutory
regulation in a number of the States of the Union, the purpose of the
laws generally being to procure to such organizations and their mem
bers certain privileges and immunities, some of which have been
held to be incompatible with the principles of constitutional law.
Thus certain States in legislating against trusts and combinations to
fix prices have statedly exempted from the restrictions imposed by
such laws combinations and agreements to fix the rates of wages.
The Illinois law on this subject (act of June 11, 1891, amended June
10, 1897) was held by the supreme court of that State to be unconsti
tutional as discriminating in favor of exempted persons and therefore
void.(a) The same view was taken of the antitrust law of 1893 of
this State by the Supreme Court of the United States, and on similar
grounds. ( 5) The Nebraska antitrust law (ch. 79, Acts of 1897)
of like tenor was condemned for like reason by a federal court, (c)
though the supreme court of the State declared that the law regulated
only dealing in goods, that labor and skill are not articles of com
merce, and that the exception as to#labor was reasonable and valid. (d)
The right of labor organizations to adopt, use, and protect from
imitation or unauthorized use a label or trade-mark is secured to
labor organizations by the statutes of a number of States, such laws
having been upheld as constitutional in several jurisdictions.^) The
law of New Jersey, however (Acts of 1898, p. 83, sec. 10), providing for
the recovery of damages and costs and expenses in cases where a
properly registered label had been unlawfully used, and also for the
recovery of a penalty in an amount of not less than $200 nor more
than $500 in an action for debt, was held to be unconstitutional in
respect of the latter provision. In an ordinary action for debt a plaintiff
must determine the amount to be sued for before the action is begun,
to which claim the defendant is entitled to offer exceptions, the result
to be ultimately determined by the court; by this statute, however,
the amount of the penalty to be sued for in an action for debt was
fixed, not by the statute nor by the court, but by the claimant, ex
parte, devolving upon a private person the duty or power of weighing
the public considerations on which the penalty should be measured.
Such power being either a legislative or a judicial function, it could
not be exercised by the person for whose benefit it was to be exercised,
but only by a proper public agency, so that the law could not stand. (/)
« People v. Butler Street Foundry Co., 201 111. 236, 66 N. E. 349.
b Connolly v. Pipe Co., .184 U. S. 540, 22 Sup. Ct. 431.
« Niagara Fire Insurance Co. v. Cornell, 110 Fed. 816.
d Cleland v. Anderson, 66 Nebr. 252, 92 N. W . 306.
e Cohn v. People, 149 111. 486, 37 N. E. 60; State v . Bishop, 128 Mo. 373, 3 1 S. W . 9;
Perkins v. Heert, 158 N. Y . 306, 53 N. E. 18.
/Cigar Makers’ I. U. of A . v . Goldberg, 72 N. J. L. 214, 61 Atl. 457.
LABOR LAW S DECLARED UNCONSTITUTIONAL.
959
The right to wear the badge of labor and other organizations was
the subject of a statute of Montana (Penal Code, sec. 1192, amended
by ch. 18, Acts of 1907), the statute prohibiting the unauthorized
wearing of such badges. This law was declared unconstitutional on
the ground that it was delegated legislation, inasmuch as the right to
wear such a badge and the penalty for wrongfully wearing it were made
dependent upon the by-laws, rules, and regulations of the organiza
tion and not on any general and public rule. It was also said that
the law was violative of the provisions of the fourteenth amendment
as to the equal protection of the law.(a)
The question of the power of a city council to require all contracts
for public printing to be let to parties authorized to affix thereto the
union label has been a subject of consideration in a few cases. In
passing upon an ordinance of this sort the supreme court of Illinois
held that the council and officers of the city could not thereby be
authorized to award a contract for printing to any other than the
lowest responsible bidder, such being the requirement of the laws
of the State. The ordinance was further condemned on the ground
that it was an agreement with a certain class of persons doing printing
to have such work done only by them, in violation of common
rights, and tending to create a monopoly. ( b) The city charter of
Nashville, Tenn., required bids to be procured on all goods and sup
plies furnished the city of a value of $50 or more. The adoption of an
ordinance requiring the union label to be affixed to all public printing
was held to be in contravention of this charter provision, since it
limited bids to a certain class of printers, being thus discriminatory in
character and contrary to public policy and the state constitution.^)
Of like intent with the above ordinances, but going beyond them in
scope, was an ordinance of the city of Chicago directing the employ
ment of only union workmen on public works. Of this the court
said that it was a discrimination between different classes of citizens,
laying down a rule which would restrict competition and increase the
cost of work, and was undoubtedly unconstitutional and void.(d)
A number of legislative bodies have enacted legislation with the
object of protecting the members of labor organizations, forbidding
employers to discharge workmen on account of their membership in
such organizations or to prevent or attempt to prevent employees
from forming or joining them. Coercion or attempted coercion by
discharge or threats of discharge on account of connection with any
lawful labor organization were provided against in terms in some of the
statutes and damages allowed for any discharge because of member
ship. Statutes of this class which have been declared unconstitu-*&
a State v. Holland, 37 Mont. 393, 96 Pac. 719.
&Holden v . City of Alton, 179 111. 318, 53 N. E. 556.
c Marshall & Bruce Co. v. City of Nashville, 109 Tenn. 495, 71 S. W. 815.
d Fiske v. People, 188 111. 206, 58 N. E. 985.
64181°— No. 91— 11------7
960
B U LLETIN OF TH E BUREAU OF LABOR.
tional were enacted in Illinois (act of June 17, 1893), Kansas (Acts of
1897, ch. 120), Missouri (act of March 6, 1893), Nevada (Acts of
1903, ch. I l l ) , New York (Penal Code, sec. 171a), Ohio (act of
April 14, 1892), Pennsylvania (act of June 4, 1897), Wisconsin (Acts
of 1899, ch. 332), United States (act of June 1, 1898, 30 Stat.
428). There is little variety in the reasons given for declaring these
laws unconstitutional. Perhaps the earliest decision was by the
supreme court of Missouri, relative to the law of that State, and the
latest by the Supreme Court of the United States, passing on the fed
eral statute, and in these and practically all others the rule is laid
down that it is a right of personal liberty and of property for an
employee to continue service so long as he does nothing reasonably
forbidden as injurious to public interest, though he has a right to
make or to terminate contracts at will, subject only to such conditions
as are agreed to by contract or as are enacted by the State as uniform
regulations applicable to all persons in like conditions. The
employer also has the right to terminate the contract of employment
for any reason or no reason, subject only to similar restrictions and
regulations. Laws of this class are therefore declared to be dis
criminatory as class legislation, and void as infringing on the rights
of employers and workmen in the formation of contracts, violating
the provisions of the state and federal constitutions as to equality of
rights, and not capable of support as police regulations. (a) The only
case coming under observation in which a law of this sort was per
mitted to stand was one under the Ohio statute, in which it was said
that the law was constitutional since it did not interfere with the
right to discharge, which the employer might exercise for any reason
whatever, but only prohibited him from coercing or attempting to
coerce an employee into quitting a union . ( b) Such a construction,
though saving the law, obviously leaves it without practical effect.
INJUNCTIONS ANB CONTEMPTS.
The regulation of the use of injunctions in cases of strikes, etc., was
attempted by a statute of California (Acts of 1903, ch. 235, Sims’
Penal Code, p. 581), which provides that “ no agreement, combina
tion, or contract by or between two or more persons to do or procure
to be done, or not to do or procure not to be done, any act in contem
plation or furtherance of any trade dispute between employers and
employees in the State of California shall be deemed criminal, nor&
« Gillespie v. People, 188 111. 176, 58 N. E. 1007; Coffeeville Brick & Tile Co. v.
Perry, 69 Kans. 297, 76 Pac. 848; State v. Julow, 129 Mo. 163, 31 S. W . 781; Goldfield
Consol. Mines Co. v. Goldfield Miners’ Union, 159 Fed. 500; People v. Marcus, 185
N. Y . 257,77 N. E. 1073; State v. Bateman, 10 Ohio S. & C. P. Dec. 68; Commonwealth
v. Clark, 14 Pa. Super. Ct. 435; State v. Kreutzberg, 114 Wis. 530,90 N. W . 1098; Adair
v. United States, 208 U. S. 161, 28 Sup. Ct. 277.
& Davis v. State, 30 W kly. Law Bui. 342.
LABOR LAW S DECLARED U NCONSTITUTIONAL.
961
shall those engaged therein be indictable or otherwise punishable for
the crime of conspiracy, if such act committed by one person would
not be punishable as a crime, nor shall such agreement, combination,
or contract be considered as in restraint of trade or commerce, nor
shall any restraining order or injunction be issued with relation
thereto.” In a strike case in which boycotting and picketing were
charged, the claim was made that an injunction was specifically for
bidden by the above act. The supreme court of the State held that
the law could not be construed as undertaking to prohibit a court
from enjoining wrongful acts; and if it could be so construed it would
be to that extent void because violative of the plaintiff’s constitu
tional rights of liberty and protection. (a) The same contention as to
the power of the court to issue an injunction was made in a later case
before the same court. In this case the court held that if this con
tention as to the force of the statute was a correct one this provision
would be void. “ Not only would it be void as violative of one’s
constitutional right to acquire, possess, enjoy, and protect property,
but as well would it be obnoxious to the constitution in creating arbi
trarily and without reason a class above and beyond the law, which
is applicable to all other individuals and classes. It would legalize a
combination in restraint of trade or commerce entered into by a
trades union which would be illegal if entered into by any other
persons or associations. It would exempt trades unions from the
operation of the general laws of the land under circumstances where
the same laws would operate against all other individuals, combina
tions, or associations. It is thus not only special legislation, obnox
ious to the constitution, but it still further violates the constitution
in attempting to grant privileges and immunities to certain citizens,
or classes of citizens, which, upon the same terms, have not been
granted to all citizens.” (*6)
Laws not usually classed as labor laws, but for which organized
labor has expended considerable effort because of the purpose of the
laws to control the use and effect of injunctions in labor disputes, are
those whose object it is to regulate contempt proceedings. A Missouri
statute (E. S. sec. 1617), limited punishments for contempt to a fine
of not more than $50 or imprisonment for not more than 10 days,
though both fine and imprisonment might be inflicted. Another
method of regulation was attempted by a statute of Oklahoma (ch.
13, Acts of 1895), which classified disobedience to processes or orders
of the court as indirect contempts, limited the punishment for all
contempts, as in the Missouri statute noted above, and provided that
persons charged with indirect contempt might have, if demanded, a
change of venue and a trial by jury; and the Virginia legislature (Acts
a Goldberg v. Stablemen's Union, 149 Cal. 429, 86 Pac. 806.
&Pierce v. Stablemen’ s Union, 156 Cal. 70,103 Pac. 324.
962
BULLETIN OF TH E BUREAU OF LABOR.
of 1897-98, p. 548) enacted a law permitting jury trials for indirect
contempts. All these laws have been declared unconstitutional as
being unwarranted interferences by one branch of the government
with the inherent rights of a coordinate branch; (a) and the rule is
broadly laid down that the power to protect itself from contempts,
and also to determine what is a contempt, is inherent in every court
of superior jurisdiction, and that it is not within the power of the
legislature to prevent the one or to abridge the other. (**6)
ARBITRATION OF LABOR DISPUTES.
The arbitration of labor disputes by boards appointed in accord
ance with the provisions of laws is arranged for in a number of States.
The Missouri law on this subject (Acts of 1901, p. 195, and of 1903,
p. 218) provided that if a witness summoned by the board of arbi
tration refused to attend or to testify, the board might apply to the
circuit court, which should then issue an attachment to bring in the
witness and punish him for contempt. The statute was held to be
unconstitutional, inasmuch as the power of punishing for contempt
is not granted by legislative acts, but inheres in the courts for the
maintenance of their own authority and can not be exercised in
behalf of any other body or tribunal, even another court. (c) An
attempt was made by an act of the Kansas legislature (ch. 28,
Acts of 1898-99) to establish a body to be known as a court of visi
tation, which should have jurisdiction over railroad operations, with
power to make and enforce orders, this power extending so far as to
the appointment of a receiver for the operation of any road that
should refuse to obey the orders of this body. This so-called court
also had power to issue orders and compel their enforcement in cases of
labor disputes affecting railroad employees; while another act of the
same session gave similar authority with reference to telegraphic
service. These laws were condemned by a federal court and by the
supreme court of the State as well, on the ground that they undertook
to confer on a single body legislative’, administrative, and judicial
powers in contravention of the provisions of the constitution of the
State, which forbids the conferring of inconsistent legislative and
judicial powers upon the same body to be exercised regarding the
same subject-matter. (d)
«State v. Shepherd, 177 Mo. 234, 76 S. W. 88; Smith v. Speed, 11 Okla. 95, 66 Pac.
511; Carter’ s Case, 96 Ya. 805, 32 S. E. 780; Burdett v. Com., 103 Va. 838,48 S. E. 878.
&Cheadle v. State, 110 Ind. 301, 11 N. E. 426. See also Bradley v. State, 111 Ga.
168, 36 S. E. 630; E x parte McCown, 139 N. C. 95, 51 S. E. 957; Hale v. State, 55
Ohio St. 210, 45 N. E. 199; State v. Clancy, 30 Mont. 193, 76 Pac. 10.
c State v. Ryan, 182 Mo. 349, 81 S. W . 435.
d Western Union Tel. Co. v. Myatt, 90 Fed. 335; State v. Johnson, 61 Kans. 803,
60 Pac. 1068.
LABOR LAW S DECLARED UNCONSTITUTIONAL,
963
PROTECTION OF EMPLOYEES AS VOTERS.
An enactment of the federal Congress (Revised Statutes, sec. 5507)
provided a penalty for threats to deprive persons of employment, or
for the refusal to renew contracts of employment, when such acts
were done as a means of intimidating employees to prevent them
from voting. On a prosecution under this statute it was declared
by the court to be outside the scope of the powers of Congress, as
granted by the fifteenth amendment, to secure to all citizens the right
to vote, without regard to race, color, or previous condition of servi
tude. The act was held to be an attempt to punish individuals who
might commit the prohibited acts on their personal responsibility,
and not as officers of any State or of the United States. It was
therefore declared void.(a)
The cases cited in the foregoing pages are collected in the following
table, cases introduced for purposes of illustration or for the presen
tation of contrasting views being indicated by the letter (a), the
unmarked cases being those in which laws were declared unconstitu
tional:
CASES CITED.
Title.
Title.
Adair v. United States............................
Ah Cue, Ex parte...................................
Ah Fong, In re........................................
Allen v. Labsap («).................................
Allgeyer v. Louisiana (<*)........................
American Car & Foundry Co. v. Inzer__
Andrews, Ex parte (<*)...........................
Armstrong v. State..................................
Arnold v. Yanders..................................
Atchison, T. & S. F. R. Co. v. Brown.......
Atchison^T. & S. F. R. Co. v. Mills..........
Atkin v . Kansas (a)................................
Atkinson v. Woodmansee.......................
Aubry, In re..........................................
Badenoch v. City of Chicago...................
Baker v. City of Portland.......................
Ballard v. Miss. Cotton Oil Co................
Baltimore & O. S. W. R. Co. v. Read__
Beaumont Traction Co. v. State.............
Bedford Quarries Co. v. Bough...............
Bessette v. People...................................
Booth v. People (a).................................
Braceville Coal Co. v. People..................
Bradford Co. v. Heflin.............................
Bradley v. State (<*)................................
Broad, In re (<*).......................................
Brubaker v. Bennett..............................
Builders' Supply Depot v. O'Connor___
Burcher v. People...................................
Burdett v. Commonwealth....................
Burrows v. Brooks..................................
Carter's Case...........................................
Chapman v. Toy Long............................
Cheadle v. State («).................................
Chicago, etc., R. Co. v. Mashore.............
Chicago, M. & St. P. R. Co. v. Westby..
Cigar Makers I. U. of A. v. Goldberg__
City of Chicago v. Hulbe.rt......................
City of Cleveland v. Clement Bros. Const.
Cleland v. Anderson (a)..........................
Cleveland, C., C. & St. L. R. Co. v. State..
Coal Co. v. McGlosson (a).......................
Coal Co. v . R osser...........................................
960
934
934
936
919
953
952
952
936
927
955
917,918,
938,947
941
929
942
934
953
953
957
953
929
917
943
953
962
948
941
941
951
962
941
962
934
962
941
954
958
933
948
958
932
941
941
Coffeeville Brick, etc., Co. v. Perry........
Cohn v. People (<*)..................................
Collett v. Scott........................................
Commonwealth v. Brown.......................
Commonwealth v. Clark.........................
Commonwealth v. Isenberg.....................
Commonwealth v. Perry.........................
Commonwealth v. Shaleen (<*) (2 cases)..
Connolly v. Pipe Co................................
Cox v. R. Co............................................
Cumberland Glass Mfg. Co. v. State («)...
Cynosure, The........................................
Davidson v. Jennings.............................
Davidson v. New Orleans (<*)..................
Davis v. State (a)....................................
Dickey, Ex parte....................................
Dixon v. Poe...........................................
Drayton, Ex parte..................................
Durkin v. Kingston Coal Co....................
Eden v. People........................................
Eight-hour Law, In re............................
Fiske v . People........................................
Flukes, In re...........................................
Foster v. Police Comrs. (<*).....................
Franklin v. United R. & E. Co...............
Fraser v. McConway & Torley Co..........
Frorer v. People......................................
Gibbs v. Tally.........................................
Gillespie v. People..................................
Godcharles v. wigeman..........................
Goldberg v. Stablemen's Union..............
Golden v. Coal Co...................................
Goldfield Consol. Mines Co. v. Miners'
Union.................................................
Gulf, C. & S. F. R. Co. v. Ellis...............
Hale v. State (<*)......................................
Harding v. People...................................
Harmon ». State.....................................
Hawaii v. Ching Geung..........................
Henry v. Campoell..................................
Holden v. City of Alton..........................
Holden v. Hardy (<*)...............................
Hollman, Ex parte..................................
House Bill No. 147, In re........................
o United States v. Amsden, 10 Bissell 283.
Page.
958
933
939
960
943
938
931
919)958
955
947
935
941
918
960
936
947
925
931,952
952
949
948,959
942
933
955
934
946
939
960
945
961
952
960
919,941
962
932
957
930
959
917,918,
949
925
964
BU LLETIN OF TH E BUBEAU OF LABOB.
CASES CITED— Concluded.
Title.
House Bill No. 203, In re........................
Howard v. I. C. R. Co.............................
Hoxie v. New York, etc., R. Co.............
Hyvonen v. Hector Iron Co. (a)..............
Jackson v. State......................................
Jacobs, In re...........................................
Jentzsch, Ex parte..................................
Johnson v. Goodyear Min. Co.................
Johnson, Lytle & Co. v. Spartan Mills («).
Jordan v. State........................................
Joseph v. Randolph................................
Juniata Limestone Co. v. Fagley............
Keefe v. People (a)............................................
Kellyville Coal Co. v. Harrier..................
Knoxville Iron Co. v. Harbison («)..........
Kubach, Ex parte..................................
Leach v. Missouri Tie & Timber Co.......
Leep v. St. Louis, etc., R. Co.................
Lloyd v. R. Co. (a)..................................
Lochner v. New York.............................
Louisville & N. R. Co. v. Baldwin........
Low v. Rees Printing Co........................
Luman v. Hitchens Bros. Co..................
McCown, Ex parte («)............................
McLean v. State (o)................................
Maguire, In re.........................................
Manowskv v. Stephan.............................
Marsh v. Poston & Co.............................
Marshall & Bruce Co. v. City of Nashville.
Massie v. Cessna......................................
Mathews v. People..................................
Meyer v. Berlandi...................................
Millett v . People.....................................
Missouri v. Lewis (a)...............................
Missouri P. R. Co. v. Mackey («)............
Morgan, In re..........................................
Muller v. Oregon (a)................................
Nashville, etc., R. Co. v. Alabama..........
Newman, Ex parte.................................
Niagara Fire Ins. Co. v. Cornell..............
O'Connell v. Lumber Co.........................
Owens v. State........................................
Palmer v. Tingle.....................................
Parrott, In re..........................................
Pearson v. Bass.......................................
Peel Splint Coal Co. v. State (<*).............
Peonage Cases.........................................
People v. Beattie....................................
People v. Butler Street Foundry Co.......
People v. Erie R. Co. («).........................
People v. Hawkins (2 cases)...................
People v. Lochner (<*).............................
People v. Marcus.....................................
People v. Orange County Const. Co........
People v. Warren....................................
People v. Williams..................................
People ex rel. Cossey v . Grout................
People ex rel. Rodgers v. Coler...............
People ex rel. Treat v. Coler...................
People ex rel. Williams Eng., etc., Co. v.
Metz («)................................................
Perkins v. Heert (a)................................
Pierce v. Stablemen's Union...................
Preston, In re..........................................
Ragio v. State..........................................
Railway Co. v. Gilmore..........................
Ramsey v . People...................................
Randolph v. Builders' & Painters' Sup
ply Co..................................................
Page.
939
954
955
932
928
956
952
944
947
945
937
934
947
945
947
948
945
944
950
917,919,
950
932
950
946
962
939
933
941
946
959
942
936
940
939
919
953
949
951
932
951
958
941
942
940
934
926
939,947
925
929
958
950
936
950
960
948
933
951
948
937
• 935
917,938,
947
958
961
939
952
949
939
941
Title.
Republic Iron & Steel Co. v. State...........
Rhodes v. Sperry, etc., Co. (a)................
Ritchie v. People....................................
Ritchie & Co. v. Wayman («).................
Rodgers v. Adsit.....................................
Ryan v. City of New York (<*)................
St. Louis S. W. R. Co. v. Hixon (a).......
San Antonio & A. P. R. Co. v. Wilson..
Schaezlein v. Cabaniss............................
Schmollv. Lucht(a)...............................
Schnaier v. Navarre Co...........................
Seattle ». Smyth...........................................
Shaver v. Pennsylvania Co........................
Shortall v. Bridge, etc., Co. (a).................
Singer Mfg. Co. v. Fleming (a)...................
Slocum v. Bear Valley Irrigation Co........
Smith v. Speed..............................................
Starnes. People...........................................
State v. Ashbrook («) ..................................
State v. Bateman.........................................
State v. Benzenburg....................................
State v. Bishop («) .......................................
State v. Chicago, etc., R. Co......................
State v. Clancy («) ........................................
State v. Fire Creek Coal & Coke Co.........
State v. Gantz...............................................
States. Gardner...........................................
State t>. Goodwill..........................................
State v. Granneman.....................................
State v. Haun................................................
State v. Holland...........................................
State v. Johnson............................................
State v. Julow................................................
State v. Justus...............................................
State v. Kreutzberg.................................
State v.,Lake Erie Iron Co......................
State v. Loomis.......................................
State v. Miksicek.....................................
State v. Missouri P. R. Co..........................
State v. Missouri Tie & Timber Co..........
State v. Moore...............................................
State v. Muller (a) ........................................
State v. Paint Rock Coal & Coke Co........
State v. Ryan ................................................
State v. Shepherd.........................................
State v. Smith...............................................
State v. Walker.............................................
State v. Williams.........................................
Stratman v. Commonwealth......................
Street v. Varney Elec. Supply Co............
Templar v. Board.........................................
Title Guarantee & Trust Co. v. Wrenn (<*).
Toledo, etc., R. Co. v. Long.......................
Toney v. State...............................................
Tullis v. R. Co. («) .......................................
Union Saw Mill Co. v. Felsenthal............
United States v. Amsden...........................
Valjago v. Steel Co. («) ................................
Vindicator Co. v. Firstbrook (a).............
Vogel v. Pekoe (a).........................................
Wabash R. Co. v. Young............................
Wallace v. G. C. & N. R. Co......................
Ward v. Flood (a).........................................
Waters v. Wolf..............................................
Westerfleld, Ex parte..................................
Western Union Telegraph Co. v. Myatt..
Wilmington Star Mining Co. v. Fulton («) .
Wong Wing v. United States.....................
Yanders, In r e ..: .........................................
Yick Wo v . Hopkins...................................
Yot Sang, In re.............................................
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OLD-AGE AND INVALIDITY PENSION LAWS OF GERMANY,
FRANCE, AND AUSTRALIA.
The text of the British Old-Age Pensions Act of 1908 was published
in the Bulletin of the Bureau of Labor, No. 78, and in the following
pages the text of the old-age and invalidity pensions acts of Germany,
France, and Austrialia is given. The earliest of these laws, that of
Germany, is based on the contributory plan, by which the insured
person and his employer pay the principal part of the cost of the
pension, though the State adds a liberal subsidy from the national
treasury. The British and Australian laws, on the other hand, are
based on the noncontributory plan, a plan by which the cost of the
pensions is paid from the general revenues of the State without assess
ing any part of the expense directly on the insured persons. The
French system, as contained in the laws of 1905 and 1910, represents
a combination of these two plans. A detailed description of the oldage invalidity insurance systems of France, Germany, and Great
Britain is given in the Twenty-fourth Annual Report of the Com
missioner of Labor.
INVALIDITY INSURANCE OF WORKMEN IN GERMANY.
The following translation of the German law of July 13, 1899,
relating to the invalidity insurance of workmen appeared in the
British series of diplomatic and consular reports and is designated as
No. 518 of the Miscellaneous Series of 1899. It is stated that the
translation was made by Mr. Gastrell, commercial attach^ to the
British embassy at Berlin. As this publication is now out of print
and as the Bureau of Labor is in receipt of frequent inquiries in
regard to the German law the text is here reproduced in full. The
translation is here given as it appears in the above-named report,
with the exception that the equivalents of the German currency are
given in United States instead of British currency.
The main provisions of the law of 1899 may be summarized as
follows:
(1) Compulsory invalidity and old-age insurance for wage earners
and salaried employees in industry, commerce, agriculture, and
domestic service, with voluntary insurance for certain classes of
independent persons. (2) Equal contributions by employers and
employees in case of compulsory insurance. (3) A State subsidy of
50 marks ($11.90) annually to each pension granted. (4) Special
transitory privileges during the period immediately following the
enactment of the law for those persons whose age was too high to
allow of the payment of the full number of weekly contributions
required in order to acquire the right to benefits. (5) Old-age pen-
965
966
BU LLETIN OP TH E BUREAU OF LABOR.
sions at 70 and invalidity pensions in case of loss of earning power.
(6) Repayment to the insured person or his survivors of contribu
tions paid by him, in case of death or industrial accident, and to
females in case of marriage. (7) Individual accounts and computa
tion of benefits according to number of contributions paid in.
(8) System of medical treatment with special reference, to prevention
of invalidity. (9) Centralized system of management in territorial
government institutions, with representation of insured persons and
employers. (10) Investment of accumulations by government terri
torial institutions in specified securities or in institutions to promote
the welfare of the insured persons.
IN V A L ID IT Y INSURANCE LA W OF JU LY 13, 1899.
I. E x t e n t
and
O bject
of t h e
I nsurance.
OBLIGATORY IN SU R A N C E.
S ection 1. This law stipulates that after the completion of the sixteenth year of
their age the following persons are to b e insured:
(1) Persons employed as laborers, journeymen, assistants (Gehiilfen), apprentices,
or domestic servants earning wages or salary.
(2) Managing officials ( Betriebsbeamten), foremen and technical workers ( Techniher)
clerks and apprentices in houses of business (exclusive of assistants and apprentices
employed in apothecaries' shops), other employees whose service or employment
forms their principal vocation, such as teachers and tutors and all persons in so far as
they draw wages or salary, if their regular annual earnings from work do not exceed
2,000 marks [$476].
(3) Those persons employed for wages or salary as crews of German seagoing vessels
and of vessels for internal navigation (sec. 2 of law of July 13, 1887 («)); ships' cap
tains, however, only when their regular annual earnings from work in wages or salary
do not exceed 2,000 marks [$476]. The carrying of a German flag, authorized b y
virtue of article 2, section 7, paragraph 1, of the law of March 15,1888 (&), does not con
stitute the ship a German vessel within the meaning of this act.
S ec . 2. B y resolution of the Federal Council the enactments of section 1 can also be
extended to special callings in the whole Empire or with restrictions to certain dis
tricts; also
(1) T o masters in small trades and business men who do not regluarly employ at
least one workman;
(2) T o persons in independent trades, irrespective of the number of workmen
employed oy them, who work in their own workshops bu t who are employed b y and
for the account of other persons in trade in the production and elaboration of industrial
products (persons engaged in home industries); and to the latter also when they fur
nish the raw and other requisite materials, and for the time during which they work
temporarily for their own account.
B y resolution of the Federal Council it can be decided—
(1) T o what extent persons in trade under whose orders and for whose account per
sons engaged in home industries (sentence 1 of figure 2) work are to be called upon to
fulfill the obligations laid down in this law for employers in respect of such persons as
are engaged in home industries, and as regards their assistants, other journeymen,
and apprentices.
(2) T o what extent persons in trade under whose orders middlemen (distributors of
work and material, agents, “ middlemasters,” etc.) have industrial products produced
or elaborated, are to be called upon to fulfill the obligations laid b y this law on employ
ers in respect of persons thus employed b y the middlemen engaged in home industries,
and as regards their assistants, journeymen, and apprentices.
S ec . 3. Commissions on profits and payments received in kind count as wages or
salary. For these the average value is taken into account and is fixed b y the low er
administrative authorities.
An employment for which only free maintenance is given as remuneration does not
count within the meaning of this law as an employment entailing obligatory insurance.
a Since 1900 this citation has been section 3 of the accident insurance law for seamen of June 30,1900.
b Since 1900 this citation has been section 10, paragraph 1, of the law of September 10,1900, on the pro
tectorates.
OLD-AGE AND INVALIDITY PENSION LAW S— GERMANY.
967
Sec . 4. It will be decided b y resolution of the Federal Council to what extent
temporary services are not to be considered as an employment entailing obligatory
insurance within the meaning of this law.
The Federal Council is authorized to prescribe that foreigners whose sojourn in the
country is permitted b y the authorities for a limited time, at the expiration of which
they must return abroad, are not liable to obligatory insurance. In so far as such a
regulation may have been issued, employers who em ploy such foreigners have, in
accordance with the detailed regulations of the Imperial Insurance Office, to pay to
the insurance institution the same amount that they would have to pay out of their
own pockets for the insurance of such foreigners (sec. 27, par. 3) if the insurance
obligation existed for them.
S ec . 5. Officials in the employment of the Empire, of the Confederated States, and
of the “ communal unions” ( Communal Verbande), also teachers and tutors in public
schools or institutions, are not liable to obligatory insurance so long as they are em ployed
solely in training for their future calling or in so far as a claim to pension is guaranteed
them at least the amount of the infirmity pension to which they would be entitled
under the scale of the first wages class.
Officials of the insurance institution who enjoy moneys from special benefit funds
are not liable to obligatory insurance so long as a claim to pension of the sum specified
in paragraph 1 is guaranteed them.
Further, persons not subject to the obligatory insurance are those who give instruc
tion for remuneration, when this occurs during their scientific preparation for their
future vocation; soldiers who are employed in the service as workmen; and those to
whom an infirmity pension has been awarded under decisions based on the laws of
the Empire.
Finally, those persons are not liable to obligatory insurance whose powers of work
have been permanently diminished in consequence of old age, illness, or other infir
mity to the point that they can not any longer earn a third of their average wages.
This state is assumed to exist when they are no longer in a position to earn b y work
corresponding to their powers and capabilities, and which can reasonably be expected
of them from their training and previous calling, a third of the money which similar
persons in good bod ily and mental conditions are accustomed to earn b y work after
similar training and in the same neighborhood.
S ec . 6. If they personally request it, those persons are to be exempted from obliga
tory insurance who enjoy from the Empire, from a confederated State, from a com
munal union, from an insurance institution or a special benefit fund, pensions, half
pay, or similar receipts at least to the amount of the infirmity pension under the scale
of the first wages class. In a similar manner are treated teachers or tutors in public
schools or institutions, as also those persons who, under decisions of the laws of the
Empire on accident insurance, are entitled to the receipt of an annual pension of at
least the same amount. The same applies to persons who have completed their
seventieth year. The lower administrative authorities of the place of employment
decide as to accepting or rejecting the request for exemption. Complaint against the
award is permissible to the next superior authority, whose decision is final. With the
withdrawal of the request for exemption the obligation to insure again becomes
operative.
In the same way those persons are, at their own request, to be relieved of obligatory
insurance who undertake work for wages in the course of a calendar year only in
certain seasons and for not more than 12 weeks, or in the whole year for not more than
50 days, and also such persons as independently gain their livelihood b y other means,
and others who work without wages or salary, so long as contributions have not been
already paid for the same for 100 weeks. The Federal Council has authority to issue
further regulations on this point.
Sec . 7. I f they are asked to do so, the Federal Council can decide how far the regu
lations of section 5, paragraphs 1-3, and of section 6, paragraph 1, shall be applied to
officials in the employment of other public associations or corporations; to teachers
and tutors in private schools or institutions, in so far as these persons have not been
guaranteed a right to a pension amounting to at least the amount of the infirmity
pension under the first wages-class scale; and to persons to whom (on the ground of
previous employment b y such associations or corporations, schools, or institutions)
pensions, half pay, or similar payments equal in amount to the above-mentioned
minimum infirmity pension have been awarded.
SPECIAL BENEFIT FU N DS.
S ec . 8. Persons liable to insurance, who are employed in undertakings carried on
b y the Empire, b y a confederated State, or b y a communal union, satisfy the legal
obligation to insure b y participating in a special benefit fund (already previously
968
BULLETIN OP TH E BUBEAU OF LABOR.
existing or to be founded) for the particular employment in cases where provision is
made for them equal to that provided b y the laws of the Empire, and in so far as the
particular benefit fund complies with the following conditions:
(1) The contributions of the insured may, in so far as they are paid for infirmity
insurance in accordance with the laws of the Empire, not exceed the half of the con
tributions to be levied for the latter according to section 32. This regulation is not
applicable when in the particular benefit fund the contributions are levied in accord
ance with a course of procedure differing from the mode of reckoning of sections 32
and 33, and as a result of which higher contributions are demanded in order to cover
the services emanating from the benefit fund. When in this respect higher contri
butions are to be collected, the contributions of the insured may not exceed those of
the employer.
(2) The insured person must participate in the administration of the benefit fund
b y representatives elected in secret election and proportionally according as their
contributions compare with those of the employers.
(3) In calculating the time during which contributions must be paid to claim the
pension and the amount of the pension itself, the time during which contributions to
insurance institutions continued (sec. 65), without prejudice to the regulation of
section 46, is to be taken into account for persons participating in such benefit funds
in so far as concerns the amount of the claim under the law.
(4) A course of procedure b y court of arbitration, with the cooperation of the repre
sentatives of the insured, must be admitted as regards the claim of individual insured
persons to obtain an infirmity and old age pension.
(5) If for the granting of services under the laws of the Empire, special contribu
tions have been collected from the insured or an increase of the contributions of the
same has taken place or takes place, the pensions, in accordance with the laws of the
Empire, may be added to the other services of the benefit funds only in so far as
the portion of the latter to be paid out amounts, for the separate member classes, on
the average to at least the imperial allowance.
The Federal Council decides, at the request of the competent imperial, state, or com
munal authority, what benefit funds (pension, old age, infirmity) fulfill the abovementioned requirements. The imperial grant (sec. 35) w ill be funds awarded to the
infirmity and old-age pensions to be paid out b y such benefit funds as are recognized
b y the Federal Council in so far as a claim to such pensions would exist in accordance
with the imperial legal regulations.
S ec . 9. From January 1, 1891, participation in such benefit funds as are approved
b y the Federal Council w ill be considered as equivalent to insurance in an insurance
institution.
If under such a benefit fund the contributions are not collected in the form pre
scribed b y sections 130 et seq. the directorate of the benefit fund has to attest, in
the case of persons withdrawing from the latter, the duration of their participation,
and for this period the amount of wages drawn, the connection with a sick fund, and
the length o f any illnesses (sec. 30). The Federal Council is authorized to issue regu
lations as to the form and contents of the attestation.
S e c . 10. The Federal Council can decide, if applied to, that the regulations of sec
tions 8 and 9 be applied to members of other benefit funds whose object is to provide
for cases of infirmity and old age.
S e c . 11. B y decision of the Federal Council it may be permitted to the Association
of Mariners (See-Berufsgenossenschaft)y established on the basis of the law of July
13,1887, to found under its guarantee a special organization for the purpose of under
taking the infirmity insurance in accordance with this law for such persons as are
em ployed in works or factories belonging to the association or in special kinds of such
works, also for those members who at the same time are liable to accident insurance
and infirmity insurance. Such an organization can, however, only be permitted
when at the same time provision is made b y the association for the widows and orphans
therein insured. If such organizations are established, those persons for whom they
are intended are b y virtue of the law insured in them.
If the insured are called upon to pay contributions, they are to participate in the
same way as the employers in the administration.
The portion of the contributions which devolves on the employers can, on the
average, not be lower than the half of the contributions which are to be paid on the
basis of this law (sec. 32). The contributions of the insured may not be higher than
those of the employers.
If the contributions of the insured are graduated, the pensions for the survivors are
also to be graduated in the same proportion.
The time of waiting, prior to obtaining a pension, may neither in the case of the
infirmity insurance, nor in that of the widows’ and orphans7 provisions be extended
longer than is provided in section 29.
OLD-AGE AND INVALIDITY PENSION LAW S-----GERMANY.
969
The insured must—if they accept temporary employment in foreign ships, while
their families remain in Germany, or if they, for other reasons, leave their em ploy
ment, which obliges them to insure—be permitted to reinsure, according to the regu
lations of this law, not only with regard to infirmity insurance, but also with regard
to widows’ and orphans’ provisions.
S ec . 12. The regulations of sections 8 and 9 apply correspondingly to the organi
zations specified in section 11: they are subject to the control of the Imperial Insurance
Office, in accordance with sections 108 to 110 of this law.
The courts of arbitration, established for cases of infirmity insurance, are also com
petent to deal with the infirmity insurance undertaken b y the Association of Mariners,
and also with the provisions for widows and orphans organized by it.
S ec . 13. Resolutions of the association, establishing the organizations specified in
section 11, the codes of rules, and alterations made in them, require the sanction of the
Federal Council. The Federal Council decides after hearing the Beisitzer of the
insured in the courts of arbitration (as specified in sec. 91 of the law of July 13,
1887(a)).
The Federal Council decides the time when the organization comes into force.
V O L U N TA R Y IN SU R A N C E.
Sec . 14. The following persons are entitled to insure voluntarily, so long as they
have not completed their fortieth year (self-insurance):
(1) Superintendents of works, foremen, men with technical education, business
assistants, and others whose employment in that capacity forms their chief vocation,
as well as teachers, tutors, and ships’ captains, all of them in so far as their regular
annual earnings from work amount in wages or salary to more than 2,000 marks [$476],
but not to more than 3,000 marks [$714];
(2) Traders and manufacturers who do not regularly employ more than two workmen
liable to insurance, as well as persons engaged in home industries, all of them, in so
far as the obligation to insure has not b y resolution of the Federal Council (sec. 2,
par. 1) been extended to them;
(3) Persons who, on the basis of section 3, paragraph 2, and section 4, paragraph 1,
are not liable to obligatory insurance. These persons are further entitled, when
withdrawing from the circumstances under which their right to self-insurance is
based, to continue the self-insurance, and to renew the same in accordance with the
regulations of section 46;
these persons if they withdraw from a position in which the obligatory insurance is
necessary are entitled to voluntarily continue or to renew the insurance.
Persons such as are described in paragraph 1, figures 1 to 3 above, and who are
employed in works in connection with which a special benefit fund (secs. 8, 10,11)
has been established, are entitled to insure themselves voluntarily in the benefit
fund (par. 1). Persons liable to insuran.ce and employed in such works are further
permitted, when withdrawing from the work or position of service on which the
insurance obligation is based, to reinsure in the special benefit fund (par. 2), so long
as they do not b y new work or employment become liable to insurance under another
special benefit fund or in an insurance institution. So long as the conditions for
voluntary insurance are present, voluntary insurance in an insurance institution can
be effected.
OBJECT OP THE IN SU R A N C E.
Sec . 15. The object of the insurance is to afford a claim to the granting of a pension
in case of incapacity to earn a livelihood, or of incapacity resulting from old age.
Every insured person, irrespective of age, and who, m the meaning of section 5,
paragraph 4, is permanently incapable of earning a livelihood, receives an infirmity
pension. Incapacity to earn a livelihood, occasioned b y an accident, constitutes a
claim, without prejudice to the provisions of section 113, to an infirmity pension only
in so far as the infirmity pension to be awarded exceeds the amount of the accident
pension.
Every insured person, irrespective of the existence of incapacity to earn a liveli
hood, and who has completed his or her seventieth year, receives an old-age pension.
S ec . 16. Every insured person not permanently incapable of earning a livelihood,
but who has been incapable of earning a livelihood during twenty-six weeks unin
terruptedly, receives an infirmity pension for the further time during which he is
incapable of earning a livelihood.
Sec . 17. The insured person has no claim to an infirmity pension if he has inten
tionally brought about his incapacity to earn a livelihood. The granting of the
a Since 1900 this citation has been sections 119 and 121 of the accident insurance law for seamen of
June 30,1900.
970
BULLETIN OP TH E BUREAU OP LABOR.
pension can be entirely or partially refused if the insured person has caused his incapac
ity to earn a livelihood b y committing what a court has adjudged to be a crime or
deliberate offense. In cases of the latter kind, and in so far as the insured person
has a family living in the country, for whose maintenance he has hitherto provided
b y his earnings from work, the pension can be assigned wholly or partially to his
family.
S e c . 18. If an insured person is so ill that incapacity to earn a livelihood is to be
apprehended as a consequence of the illness, which would constitute a claim to a
pension, in accordance with the laws of the Empire, the insurance institution is
entitled to cause him to undergo a cure to the extent they may think desirable in
order to avert this loss.
The insurance institution can effect the cine b y placing the sick person in a hospital
or in an establishment for convalescents. If the sick person is married, if he has a
household of his own, or if he is a member of the household of his people, his consent
to this step is required.
If the insurance institution orders a cure to be entered upon, the obligations of
the sick fund toward the insured person pass to the institution from the commence
ment of this curative course to its conclusion, in the case of such insured persons as
come under the provision against illness, under the laws either of the Empire or
State. The sick fund has to indem nify the insurance office to the amount of the
payment which the insured person could claim from it.
During the cine, relief has to be paid to such persons as are dependent upon the
insured person, and for whose maintenance the insured person has hitherto provided
out of his earnings, as also when the insured person does not come under the provisions
for sickness under the laws of the Empire or State. Relief of this nature, in so far
as the insured person had to be tended under the provisions for sickness of the laws
of the Empire or State, amounts to the half of the money he ought to receive during
the legal time of the sick relief, and otherwise to a fourth of the standard daily wages
of ordinary day laborers in the locality of his last employm ent or of his last abode.
If the insured person is in receipt of an infirmity pension, the same can be also reckoned
for the relief of persons dependent upon him.
S ec . 19. The insurance institution which causes a cure to be entered upon is author
ized to transfer the provision for the sick person to the sick fund to which he belongs
or last belonged, to the extent which the insurance institution considers fitting. If
a burden is thereby imposed on the fund which exceeds the extent of the provision
to be made b y it according to law or statute, the insurance institution has to make
good the surplus costs arising. If the obligation of provision on the part of the sick
fund no longer existed, the insurance institution, b y awarding the services specified
in section 6, paragraph 1, of the sickness insurance law, has to indemnify it with half
of the money paid to the sick person; and if the insured person is placed in a hospital
or in an establishment for convalescents, one and a half times the amount of that
money, in so far as greater expenses are not proved.
S e c . 20. As funds for sick persons, in the meaning of the regulations of sections 18
and 19, are to be considered also those auxiliary funds which possess the official cer
tificate provided for in section 75a of the insurance law against sickness.
S e c . 21. If the illness, on account of which the cure is entered upon, is due to an
accident which entitles to compensation under the imperial laws on accident insur
ance, and if the entering upon a state of incapacity to earn a livelihood (sections 15 and
16) is prevented b y the curative course, and, at the same time, a burden to the person
upon whom the cost of indemnification in cases of accident insurance has taken place
from the fact of the accident compensation having been withheld altogether or granted
in part only, then the insurance institution has a claim against this person for reim
bursement of the costs of the cure to the extent provided in section 19, sentence 3. A
reimbursement of the costs of the cure, which arose before the beginning of the four
teenth week after the accident occurred, can not b e claimed.
For the claims of the insured on the person liable for the accident insurance, the
taking over of the cure b y the insurance institution is to be considered as equivalent
to its being taken over b y such person.
S e c . 22. If the insured in consequence of the illness becomes incapable of earning
a livelihood, he can, in cases where he has declined without good cause to follow the
measures adopted b y the insurance institution in accordance with sections 18 and 19,
be deprived for a time of the infirmity pension either wholly or partially, in so far as
these consequences were pointed out to him, and if it is proved that his incapacity to
earn a livelihood is the result of his own conduct*.
S e c . 23. Disputes arising out of the regulations in sections 18,19, 20, and 22 between
the insurance institution and the insured will b e decided b y the supervising authority
of the insurance institution so far as they are not disposed of b y fixing the amount of
the pension.
a
OLD-AG E A N D IN V A L ID IT Y PEN SION L A W S ----- G E R M A N Y .
971
Disputes arising out of regulations in sections 18, 19, 20, and 22 between the insur
ance institution and the sick fund institution w ill be settled, so far as they concern the
enforcement of rights granted to the insurance institution b y the supervising authority
of the sick fund institution concerned, and where it is question of claims for compensa
tion, b y the course of precedure laid down for disputes in the administration; or, when
such does not exist, also b y the supervising authorities of the sick fund concerned.
Their decision is, in the first case, final; in the latter case it can be appealed against,
within a month after being delivered, b y the means laid down in sections 20 ana 21 of
the Gewerbeordnung.
Disputes as to claims for compensation, in the cases of section 21, paragraph 1, will
be decided b y the Imperial Insurance Office.
S e c . 24. B y statutory regulation of a community for their district or of a wider com
munal union for its district or portions of the same it can be decided (in so far as it is
the local custom that the wages of workmen em ployed in agricultural or forest work
are paid w holly or partially in kind) that those recipients of pension living in the dis
trict, as workmen in agricultural or forest work, shall draw it wholly or partially in
kind up to two-thirds of its amount. The value of the payments made in kind w ill be
reckoned according to the average prices. The same will be fixed b y the higher admin
istrative authorities. The regulation of this point b y statute requires the sanction of
the higher administrative authority.
For such persons as may not b y order of the competent authority be served with
spirituous drinks in public bars, on account of habitual drunkenness, the pension is to
be paid, in those communities where such a regulation has been adopted and also in
the absence of the conditions of paragraph 1, to its full value in kind.
The claim to the annuity passes, for the amount in which delivery in kind has been
granted, to the communal union for the district of which such a regulation has been
adopted, and the latter is responsible for the deliveries in kind.
The person entitled to draw a pension, to whom the foregoing regulation is to be
applied is to be informed of the same b y the communal union.
The person entitled to draw a pension is entitled, withintwo weeks after this informa
tion being given, to appeal against the decision of the communal supervising authority.
In the same way, all other disputes will be settled which arise out of the application of
these regulations between the person entitled to draw a pension and the communal
union.
As soon as the claim to annuity is finally established, the insurance institution has,
at the request of the communal union, to inform the postal authorities of the same in
due course.
S e c . 25. On the basis of statutory regulation of the insurance institution the direc
torate can grant to the recipient of a pension if he request it, instead of the pension, his
admission at the cost of the insurance institution into a home for the infirm or similar
institutions supported b y third persons. The person thus accommodated is bound to
renounce the pension for a quarter of a year; and if he does not withdraw the declara
tion a month before the expiration of this period he has to give up the pension for a
further quarter of a year.
S e c . 26. I f the person entitled to receive a pension is a foreigner he can, in case he
gives up his residence in the German Empire, be disposed of b y paying him three
times the amount of one year’ s contribution. B y decision of the Federal Council this
regulation can be made not to apply to certain frontier countries or to the subjects of
such foreign states who b y their legislation grant a corresponding provision for German
workmen m the case of their inability to earn a livelihood or of old age.
M A N N E R OF R AISING THE FU N DS TO EFFECT IN S U R A N C E .
S e c . 27. The funds required for the provisions of this law will be provided b y the
Empire, b y the employers, and b y the insured persons.
The supply of funds on the part of the Empire is provided b y grants to the pensions
actually to be paid in each year (sec. 35); and on the part of the employers and the
insured it is effected b y current contributions.
The contributions devolve on the employer and on the insured person in equal
shares (secs. 142, 144, 154) and are to be paid for every week (sec. 30).
CONDITIONS N EC ESSAR Y TO ESTABLISH THE CLAIM.
S e c . 28. To acquire a claim to an infirmity or to an old age pension, beyond fur
nishing proof either of inability to earn a livelihood or of the age provided b y law, the
necessary precedents are:
(1) The lapse of the prescribed time during which contributions shall have been
paid.
(2) The due payment of contributions.
972
BULLETIN OP TH E BUREAU OP LABOR.
TIME OF W AITIN G TO ESTABLISH A CLAIM TO PENSION (W A R T E Z E IT ).
S ec . 29. The time during which contributions shall have been paid before estab
lishing a claim, amounts to:
(1) In the case of the infirmity pension, when at least 100 contributions (on the
basis of the insurance obligation) have been paid, to 200 contributory weeks.
(2) In the case of the old age pension to 1,200 contributory weeks, otherwise 500
contributory weeks.
The contributions paid for voluntary insurance (sec. 14) are added to the “ time of
waiting,” for the infirmity pension only when at least 100 contributions have been paid
under circumstances establishing the insurance obligation or the right of self-insurance.
The prescription of paragraph 2 does not apply to contributions which have been
voluntarily paid b y the insured person within the first four years after the obligatory
insurance for his particular calling has come into force.
PAYM ENT OF CONTRIBUTIONS.
S e c . 30. For each week in which the insured person has been in work or employed
on service, establishing the insurance obligation, an insurance contribution has to be
paid (contributory week). The contributory week begins w ith the Monday of each
calendar week.
Those completed weeks shall be reckoned as contributory weeks, without actual
contributions needing to be paid, during which insured persons—
(1) For the purpose of fulfilling their military duties in times of peace, of m obiliza
tion, or of war have entered the army or navy;
(2) Have in times of mobilization or of war performed voluntary military services;
(3) Have been prevented b y certified illness, accompanied b y temporary inability
to earn a livelihood, from continuing to work in their calling or profession.
This is taken into account, however, only in the case of such persons who, before
this occurs, have taken up as a calling one that is not merely temporary and which
entails obligatory insurance.
The duration of an illness is not to be reckoned as contribution tim e when the person
concerned has acquired the illness intentionally, b y committal of a crime (established
as such b y judgment of the penal courts) b y culpable participation in fights or scuffles,
or b y drunkenness.
With illnesses which last, uninterruptedly, longer than a year, the duration of the
illness beyond this time is not reckoned as contribution time.
The time of convalescence following an illness is considered as equivalent to the
illness. The same holds good in the case of ordinary births, for the duration of the
time of the inability to earn a livelihood resulting therefrom, but reckoned at most
for six weeks from the date of the confinement.
S e c . 31. As proof of an illness (sec. 30) it suffices to produce the certificate of
the directors of that sick fund (sec. 166) or that of the managers of that institution
for auxiliary funds, registered or established in accordance w ith the law of the land to
which the insured person has belonged. For that time, however, which is in excess
of the duration of the sick relief to be awarded b y the funds in question as also in the
case of those persons who have not belonged to such a fund, a certificate of the parish
authority is necessary. The directors of such institutions are bound b y their office to
give these certificates to the insured immediately after the termination of the sick
relief or of the provision during the time of convalescence; and they can be constrained
to do this b y the supervising authorities b y infliction of a fine u p to 100 marks [$23.80].
For persons employed in works carried on b y the Empire and b y the State, the
above-mentioned certificates can be made out b y the superior official authorities.
In these cases the sick fund institution, b y permission of the supervising authority,
need not grant the certificate.
The production of the military papers is proof of military services rendered.
AM O U NT OF THE CONTRIBUTIONS.
S e c . 3 2.
The contributions to be paid for the contributory week are fixed b y the
Federal Council according to the wages-classes (sec. 3 4) beforehand for a definite
period of time; in the first instance till December 3 1, 1910, and after that time for
subsequent periods of 10 years.
The contributions are to be so apportioned that they w ill cover the capital value of
the pensions chargeable to the insurance institution, the reimbursements of contribu
tions, and the other expenses of the insurance institution.
In the different wages-classes the contributions for the separate sets of insured persons
are to be equally apportioned, and they are to be graduated solely according to the
average amount of pensions to be awarded in the same b y the insurance institution.
OLD-AGE AND INVALIDITY PENSION LAW S-----GEBMANY.
973
Before the expiration of the period of time, specified in paragraph 1, the Imperial
Insurance Office has to test the sufficiency of the contributions to cover the cost. A t
the same time deficits and surpluses which have arisen from the collection of contri
butions up to that time are to be so dealt with that the new contributions effect a read
justment, with due regard to the working of section 125.
Until other contributions are fixed, every insurance institution is to collect in weekly
contributions:
Pfennigs.
In Wages-Class I ..
14 [$0. 333'
In Wages-Class I I .
20 ’ .4 7 6
In Wages-Class I I I
24 ' .5 7 1 s
In Wages-Class IV
30
.7 1 4 s
In Wages-Class V ..
36 * .8 5 7 s
A ny change in the amount of the contributions requires the consent of the Reichstag.
COMMON INCIDENCE A N D SPECIAL INCIDENCE OP COSTS.
S e c . 3 3.
Every insurance institution manages its reyenues and its capital (both
joint and special) independently. Out of the same are to be covered the common cost
to be met b y all parties interested in the insurance (common incidence), and the spe
cial incidence o f cost remaining to the separate parties interested in the insurance
(special incidence).
T h e common incidence of cost consists of three-fourths of all the old-age pensions
oi the fundamental sums ( Grundbetrdge) of all infirmity pensions, of the increase of pen
sions in consequence of weeks of sickness (sec. 40, par. 1) and the rounding off o f the
pensions (sec. 38). A ll other obligations constitute the special incidence of cost of
the insurance institutions.
For covering the common cost, four-tenths of the contributions are to be set aside
from January 1, 1900, in the books in every insurance institution (joint capital). The
joint capital is to be credited with interest b y the insurance institutions on the amount
shown b y its books. The rate of interest is fixed b y the Federal Council for the
periods specified in section 32, paragraph 1, uniformly for all insurance institutions.
If, at the expiration of the periods specified in section 32, paragraph 1, it transpires
that the joint capital does not suffice or is not required to cover the common cost, the
Federal Council nas to decide for the n ext following period on the amount of the pro
portion of the contributions to be set aside in the books for the joint capital for the pur
pose of readjusting the deficits or surpluses that have arisen.
An increase of the share of the contributions to be set aside in the books for the joint
capital requires the-consent of the Reichstag.
The entire capital of the insurance institutions accumulated on December 31, 1899,
and further the capital of the insurance institutions accumulated at the expiration of
the periods specified in section 32, paragraph 1, in so far as it is not set aside in the
books for the common cost may not be applied to covering the common incidence of
cost.
Wages-classes.
S e c . 34. According to the amount of the annual earnings from work, the following
wages-classes are constituted for the insured:
Wages-Class I ................................................ 350 marks [$83.30] and under
Wages-Class I I ................................................. Over
350 to 550 marks [$83.30 to $130.90]
Wages-Class I I I ............................................. Over
550 to 850 marks [$130.90 to $202.30]
Wages-Class I V .............................................. Over
850 to 1,150 marks [$202.30 to $273.70]
Wages-Class V ................................................. Over 1,150 marks [$273.70];
the average amount, and not the amount of the actual annual earnings from work,
subject to the deviations arising from the following regulations, determines the wagesclass to which the insured person is to belong.
As annual earnings from work are reckoned:
(1) For members of local, works (factory), building, or guild sick funds, 300 times
the amount of the average daily wages determining their sick-fund contributions or
the actual earnings from work (secs. 20, 26a, par. 2, fig. 6 of the insurance law against
sickness);
(2) For persons em ployed in agriculture or forestry, in so far as they do not belong to
a sick fund specified under No. 1, an amount to be fixed for them as average earnings
from work b y the higher administrative authorities with due regard to section 3; in
the case of superintendents of works, however, the basis w ill be the annual earnings
from work determined for each of them in accordance with section 3 of the law of May
5, 1886; (<*)
a Since 1900 this citation has been sections 5 and 9 of the law of June 30,1900, on the accident insurance
of persons engaged in agriculture and forestry.
974
BULLETIN OF TH E BUBEAU OF LABOR.
(3) For seamen and other persons engaged in sea navigation, insured on the basis of
the law of July 13, 1887, the average lim it of the annual earnings from work Has been
fixed b y the imperial chancellor or b y the higher administrative authorities, respec
tively, pursuant to sections 6 and 7 loco citato; (a)
(4) For members of a miners’ benefit fund, 300 times the amount of the average
daily Warnings from work, fixed b y the directors of the fund, of that class of workmen
to which the insured person belongs; the sum, however, w ill not be less than 300
times the amount of the usual local daily wages of an ordinary daily workman of the
place of employment (sec. 8 of the sickness insurance law);
(5) For the rest, 300 times the amount of the usual local daily wages of ordinary day
workmen at the place of employm ent (sec. 8 of the sickness insurance law), in so far as
other annual earnings from work are not fixed for separate callings b y the higher
administrative authorities;
teachers and tutors belong to the fourth class in so far as annual earnings from work
of more than 1,150 marks [$273.70] are not proved. In so far as a fixed cash payment
is agreed on beforehand for weeks, months, quarters, or years, and when this is higher
than the average amount determined for the insured person in accordance with para
graph 2, this payment is to serve as the basis.
The insured person can claim insurance in a higher wages-class than that which,
according to the foregoing regulations, would accrue to him. In these cases, however,
the proportion of the contribution falling to the employer, in so far as the insurance in
the higher wages-class is not agreed upon b y the employer and the insured person, is
to be reckoned not according to the higher but according to the wages-class properly
applicable to the insured person.
The public central authorities can direct that the wages-classes and contributions
(sec. 32) applicable according to paragraph 2 for special places, as also the classes of
insured persons who in special places come under the separate wages-classes, are to
be published b y the insurance institution in every place of its district.
COMPUTATION OP THE PE N SION S.
S e c . 35. The annuities w ill be calculated according to the wages-classes (sec. 34)
and in annual amounts. They consist of a varying amount which, under reservation
of section 40, paragraph 2, is to be provided b y the insurance institutions and b y a
fixed grant from the Empire, which amounts to 50 marks [$11.90] annually for each
pension.
S ec . 36. The portion of the infirmity pension to be provided b y the insurance insti
tutions is computed in such a way that increasing sums (advancing scale) correspond
ing to the number of the contributory weeks, are added to an initial sum ( Grundbetrdge).
The initial amount of the sum is:
Marks.
For
For
For
For
For
Wages-Olass
Wages-Class
Wages-Class
Wages-Class
Wages-Class
I ..
I I .,
III
IV .
V .
60
70
80
90
100
[$14.28]
‘ 16.66’
19.04’
‘ 21.42’
‘ 23.80'
Five hundred contributory weeks always form the basis of the computation of the
initial amount (basis) of the infirmity pension. If less than 500 contributory weeks
are proved, contributions of Wages-Class I are to be brought into account for the missing
weeks; if more than 500 contributory weeks are proved, the 500 contributory weeks
of the highest wages-class are always to form the basis. If for these 500 weeks different
wages-classes come into account, the average of the fundamental sums corresponding
to these contributory weeks is to be taken into account as the basis.
The advancing scale amounts for each contributory week to:
Pfennigs.
3 [$0,007]
6 ! .014’
8 ' .019
.024'
10
12
.0291
Only one advancing scale can be taken into account for the contributory week. If
more contribution stamps have been em ployed than correspond to the contributory
weeks that may be taken into account, and, if the wrongly em ployed stamps can no
o Section 151 of the Accident Insurance Law for Seaman ( See-TJnfallversickerungsgesetz) of June 30,1900,
aniends this paragraph so that it reads: “ For seamen insured under the Accident Insurance Law for Sea
men, but not including persons engaged in towing and lightering, the average amounts of the annual
earnings as fixed by the imperial chancellor in accordance with section 10 loco citato.”
OLD-AGE AND INVALIDITY PENSION LAW S-----GERMANY.
975
longer be identified, the contributions are to be reduced to the highest permissible
number b y the disqualification of stamps paid for the lower wages-elasses.
S e c . 37. The portion of the old-age pension to be provided b y the insurance institu
tion amounts to:
Marks.
60 f$14.28
90 21.42*
120 : 28.56*
150 35.70
180 * 42.84*
In Wages-Class I . .
In Wages-Class I I .
*e of the old:f more than
1,200 contributory weeks are proved, the 1,200 contributions of the highest wagesclass are to form the basis of the calculation.
S e c . 38. The pensions are to be increased to a round sum up to full 5 pfennigs [1.2
cents] for the month, and they are to be paid in monthly amounts in advance. For
the calendar month in which the discontinuance of the suspension of the claim to pen
sion is brought about, the monthly amount of pension already paid is to be left.
S ec . 39. In the calculation of the pension for the insured person, who has partici
pated in one of the funds admitted by sections 8 ,1 0,11, that wages-class will be taken
into account for each week of such participation after January 1, 1891, to which the
same would have belonged in accordance with the wages actually drawn b y him if he
had been insured in an insurance institution. If the insured person has belonged at
the same time to a miner’s benefit fund or to a local, works (factory), building, or
guild sick fund, the wages-class to be brought into account is determined under the
regulations of section 34, paragraph 2, figures 1 or 4, and of section 34, paragraph 3.
S e c . 40. For the duration of certified illnesses and military services, reckoned
according to section 30 as contributory time, WTages-Class II is to form the basis for
calculating the pension.
The Empire is responsible for the portion of the pension falling to the period of
military services (sec. 125).
S e c . 4 1 . The infirmity pension begins with the day on which the loss of the ability
to earn a livelihood commences. As this point of time is reckoned, in so far as another
is not fixed upon in the decision, the day on which the request for the awarding of the
pension was lodged with the proper authority (sec. 112, par. 1).
The old-age pension commences, at the earliest, with the first day of the seventyfirst year of life.
The annuity will not be awarded for a period covering more than a year previous to
the receipt of the request for the awarding of a pension.
If an insured person dies, whose pension request was lodged with the competent
authority during his life, the husband or wife is in the first place entitled to carry on
the procedure, and, in case the pension is awarded, to draw the amount of pension due
up to the day of death, in so far as the husband or wife has lived in domestic intercourse
with the person entitled to the pension until his death; if such does not exist, the legal
succession devolves according to the regulations of the civil law.
REIM BU R SE M E N T OF THE CONTRIBUTIONS.
S e c . 42. Females who contract a marriage, before a decision awarding them a
pension (secs. 15,16) has been delivered to them, have the right to claim the reimburse
ment of half the contributions made for them, if the same have been made for at least
200 weeks before the marriage takes place. To avoid refusal, this claim must be
lodged before the expiration of a year after the day of the marriage. The amount to
be reimbursed will be increased to a round sum up to a full mark [23.8 cents].
The rights, established b y the former insurance conditions, becom e void with the
reimbursement.
S e c . 43. If insured persons becom e permanently unable through an accident to
earn a livelihood within the meaning of this law, and if they are not entitled, according
to section 15, paragraph 2, to claim an infirmity pension for the time of the drawing of
the accident pension, half of the contributions made for them is at their request to be
refunded to them. To avoid exclusion from the benefit the claim must be lodged
before the expiration of two years after the accident. The regulations of section 42,
paragraph 1, sentence 3, and paragraph 2 are applicable.
S ec . 44. When a male, for whom contributions have been paid for at least 200 weeks,
dies before the decision awarding him a pension has been rendered (secs. 15,16),
the surviving widow or, in case there is none, the surviving legitimate children under
15 years of age are entitled to claim the reimbursement of the half of the contributions
made for the deceased.
64181°— No. 91— 11-----8
976
BULLETIN OP TH E BUREAU OF LABOR.
If a female, for whom contributions have been paid for at least 200 weeks, dies
before the decision awarding her a pension (secs. 15, 16) has been sent to her, the
surviving fatherless children under 15 years of age are entitled to claim half of the
contributions paid for the deceased. Under the same conditions the surviving
children, not yet 15 years old, of such a person, whose husband has kept aloof from
domestic intercourse and has withdrawn from the duty of maintaining the children,
have a similar claim. If the wife was, in consequence of her husband’s incapacity to
earn a livelihood, the supporter of the family, the surviving widower is entitled to a
similar claim to reimbursement.
To avoid exclusion from the benefit the claim for reimbursement must be lodged
before the expiration of a year after the death of the insured person. The sum to be
reimbursed will be increased to a round sum of a full mark [23.8 cents].
If a course of procedure for fixing a pension is already pending at the death of the
insured person, the claim for reimbursement excludes the claim of the heirs to the out
standing amount of pension so long as the decision recognizing the latter has not been
arrived at.
The foregoing regulations are not applicable when, b y reason of the death, a pension
on the basis of the accident insurance laws is awarded to the survivors.
S ec . 45. B y unanimous decision o£ the directors and of the committee it can be
decided that the surpluses of the special capital of an insurance institution over the
permanent requirements for covering their obligations can be applied to other services
than those provided for in the law in the economic interest of the pension recipients of
insured persons, and of their dependents provided for b y the insurance institution.
Such decisions require the sanction of the Federal Council. The sanction can be
withdrawn if the special capital of the insurance institution no longer suffices to
permanently cover their obligations.
THE EXTINCTION OF THE B IG H T TO B EN EF IT S.
S ec . 46. The right to benefits arising out of the insurance obligation can be extin
guished if, during two years after the date specified on the receipt card (sec. 131),
employment or service conditions establishing the insurance obligation, on the basis oi
which contributions have been paid, have not amounted altogether to 20 contribu
tory weeks. The same takes place if reinsurance has not been effected (sec. 14, par. 2).
As equivalent to the contributory weeks in the meaning of the above paragraph
w ill be considered the periods—
(1) W hich are reckoned as contribution times according to section 30.
(2) During which the person, with a right to benefits, drew an accident pension
for a diminution to the extent of at least 20 per cent of the ability to earn a livelihood,
or drew infirmity or old-age pensions from benefit funds of the kind specified in sec
tions 8 ,1 0 ,1 1 , 52, without at the same time carrying on an occupation entailing obli
gatory insurance in accordance with this law.
In cases of self-insurance and its continuance (sec. 14, par. 1), at least 40 contribu
tions must be paid for the maintenance of the right to benefit during the space of
time specified in paragraph 1.
The right to benefits is again revived as soon as, b y reentering an occupation
entailing obligatory insurance or b y voluntary payment of contributions, the state of
insurance is renewed whereby a period of 200 contributory weeks has been com pleted.
RIGHT OF W ITH D R A W IN G TH E INFIRM ITY PE N SIO N .
S ec . 47. If a change arises in the circumstances of the recipient of an infirmity
pension which proves him to be no longer incapable of earning a livelihood (secs. 15,
16) then the pension can b e withheld from him.
If there is reason to believe that the recipient of an infirmity pension, b y undergo
ing a cure would again acquire the capacity to earn a livelihood, the insurance insti
tution can for this purpose cause a cure to be entered upon. Then the regulations of
section 18, paragraphs 2 to 4, sections 19 to 21, and 23, are applicable with the condition
that the infirmity pension can take the place of the relief of the dependent person.
If the pensioner has without good reason refrained from following such measures of
the insurance institution, the pension can be withheld from him for a time wholly
or partially, in so far as these consequences were pointed out to him, and if it is proved
that he, b y his conduct, has frustrated the reattainment of the capacity to earn a
livelihood.
The withdrawal of the pension comes into operation at the expiration of the month
in which the decision was arrived at.
If the pension is again awarded; if, in place of an infirmity pension awarded in
accordance with section 16, a pension for permanent incapacity to earn a livelihood
OLD-AGE AND INVALIDITY PENSION LAW S-----GERMANY.
977
(sec. 15) is awarded; or if an old-age pension is awarded, the time of the previous draw
ing of the pension as well as a certified period of illness (sec. 40, par. 1) is to be
reckoned for the insured person. The prescriptions of section 30, paragraph 5, and of
section 46, paragraphs 1, 3, do not apply to this period.
SU SPENSION OP THE PE N SIO N .
S e c . 48. The right to draw a pension is suspended—
(1) For those persons who draw a pension on the basis of the regulations of the im pe
rial law on accident insurance so long and in so far as the accident insurance, including
the pension granted to them in accordance with the present law, exceeds seven and
a half times the amount of the initial sum ( Grundbetrag) of the infirmity pension
(sec. 36, pars. 2, 3).
(2) For those persons specified in sections 5, 6, paragraph 1, section 7, so long and
in so far as the pensions, half-pay or similar receipts, including the pension granted
to them in accordance with the present law, exceed the maximum amount specified
in figure 1.
(3) So long as the recipient of a pension undergoes imprisonment for a period exceed
ing one month or so long as he is an inmate of a penitentiary or a house of correction.
(4) So long as the recipient of a pension has not his ordinary abode in this country.
B y decision of the Federal Council this regulation can be made nonapplicable to
certain frontier territories, or to such foreign States b y the legislation of which German
workmen are guaranteed an adequate provision in the case of incapacity to earn a
livelihood and in cases of old age.
If in the cases under figure 3, the person entitled to a pension has a family residing
in this country for whose maintenance he has hitherto provided from his earnings
from work, the pension is to be assigned to the family.
W hile the infirmity pension is being drawn the claim to an old-age pension is sus
pended. For this case the regulation of section 38, sentence 2, is not applicable.
RELATIONSHIP TO OTHER CLAIMS.
S ec . 49. The obligation, based on legal prescription, of communities and associa
tions for the relief of the poor to relieve necessitous persons, as well as other lawful
and statutory obligations based on contract for provision for old, sick, or necessitous
persons or persons incapable of earning a livelihood, are not affected b y this law.
If poor relief has been given b y a com m unity or an association for the relief of the
poor, to necessitous persons for a period during which these persons had or still have
a claim to an infirmity or an old-age pension, they have to be indemnified for it b y
an assignment of the amount of the pension.
If the relief is temporary, at most three monthly installments of the pension and in
no case more than one-half altogether can b e claimed as indemnification.
If the relief is continuous, there can be claimed as indemnification for its duration
when the relief consists in providing maintenance in an institution, the continuous
assignment of the full pension, and in other cases the continuous assignment of at
most one-half of the pension.
S e c . 50. The application for assignment of the pension contributions (sec. 49, pars.
2 to 4) is to be sent in to one of the authorities specified in section 112, paragraph 1;
in so far as it is question of compensation for a temporary relief, the claim is to be
lodged at latest within three months after the termination of the relief, in order to
avoid rejection.
The communities and associations for the relief of the poor are also entitled to lodge
a claim for compensation when the necessitous person, who was entitled to claim an
infirmity or old-age pension, died before applying for the pension. The regulation
in section 44, paragraph 4, is similarly applicable.
Disputes arising among interested persons as to assignment of the compensation
amounts w ill b e decided b y the ordinary procedure for administrative disputes; or
if such does not exist, b y the supervising authorities superior to those entitled to com
pensation. The decision of the latter can be appealed against within one month after
the announcement of decision b y means of an appeal in accordance with sections
20, 21 of the industrial law ( Gewerbeordnung).
S e c . 51. The regulations of sections 49, 50 also apply to manufacturers and benefit
funds which legally fulfill the obligation devolving on communities and associations
for the relief of necessitous persons.
Sec . 52. Factory funds, minere’ , seamen’s, and other benefit funds, existing for
industrial, agricultural, or similar undertakings, which award pensions or capital sums
in cases of old age or incapacity to earn a livelihood to their members insured in accord
ance with the regulations laid down b y the imperial laws, are entitled to reduce this
978
BU LLETIN OF TH E BUREAU OF LABOR.
relief, for such persons as on the basis of imperial legal regulations have a claim to
infirmity or old age pensions, b y the amount of the latter or to a less amount, in so far
as at the same time the contributions of the manufacturers and of the members of these
funds or in case of acquiescence on the part of the manufacturers at least those of
the members of the funds, are reduced in corresponding proportions. The reduction
does not extend to statutory obligations falling on the funds, and which have been
granted from the funds before the particular decision of the proper organ, or before
January 1,1891.
The sanction of the proper state authorities is required for the alteration of the
statutes. They are empowered to undertake necessary alterations of the statutes,
which w ill be valid in effect in so far as the manufacturers’ contribution to the abovementioned benefit funds, or the majority of the members of the fund have proposed
the alteration which had been refused b y the proper officials of the fund.
No reduction of the contributions is necessary when they are economized b y the
diminution of the amount of relief and are to be devoted to other benevolent organi
zations for superintendents of works, workmen, or their survivors; and this further
application of the sums is regulated b y the code of rules, sanctioned b y the supervising
authority, or in so far as the same amount of contribution as before is required to cover
the services remaining to the benefit fund.
Sec . 53. The regulations of section 46, figure 2, and of section 52 are also applicable
to the benefit funds existing for the infirmity and old age provisions, for which an
obligation to join them exists according to local statutory regulations.
Sec. 54. In as far as those persons entitled to draw infirmity pensions, in accordance
with the imperial regulations, have a right to a legal claim for compensation against a
third party for the damage arising from infirmity, the same devolves on the insurance
institution up to the amount of the pension for which it is liable.
CLAIMS M A Y NOT BE PLEDGED.
Sec . 55. The conveyance of the claims arising from the regulations in conformity
with the imperial laws to a third party, as also their being given or taken as pledges,
can only be legally effected under the following circumstances:
(1) To cover an advance which has been made to the recipient entitled to a pension
(at his request and before any assignment of that pension) b y his employer or b y an
office of the insurance institution or b y a member oi such an organ.
(2) To cover the demands specified in section 850, paragraph 4, of the law for civil
cases, as published on May 20,1898.
(3) To cover the demands of the communal bodies and associations for the relief of
the poor entitled to compensation in accordance with sections 49, 51, as also of the man
ufacturers and funds institutions taking their place.
The claims to pensions may only be taken into account for demands for compensation
for accident pensions, and indemnifications can only be granted in so far as the claim
in accordance with sections 54,113, paragraph 2, has been transferred to the insurance
institutions for contributions owing, for advances paid, for pension amounts paid in
error, for costs of proceedings to be refunded, and for fines inflicted b y the offices of the
insurance institutions.
B y way of exception the recipient entitled to a pension can transfer his claim wholly
or partially to others, in so far as this is sanctioned b y the lower administrative authori
ties.
II.
O r g a n iz a t io n .
Sec . 56. The infirmity insurance is conducted, with the cooperation of the state
administrative authorities and of the postal authorities, b y insurance institutions and
their offices (sec. 65 et seq.), b y courts of arbitration (sec. 103 et seq.), and b y the
Imperial Insurance Office and the state insurance offices (secs. 108, et seq.).
A . COOPERATION OP THE STATE ADM INISTR ATIVE AU TH O R ITIES.
Sec . 57. Besides the other tasks resulting from this law, there devolves on the lower
administrative authorities (sec. 169):
(1) The receipt and preparation of applications for the granting of infirmity and old
age pensions (sec. 112) or for reimbursements of contributions (sec. 128), and the con
sideration of applications for the granting of pensions.
(21 Considering as to withholding of infirmity pensions (secs. 47, 121).
(3) Considering as to the discontinuance of pension payments (secs. 48, 121).
(4) Advising the directorate of the insurance institution of the cases coming to the
knowledge of the administrative authorities, in which there is ground for believm g that
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979
the insured persons would be prevented, b y a curative course, from soon becoming
incapable of earning a livelihood (sec. 18); advising whether persons in receipt of
infirmity pensions will, b y undergoing a curative course, regain their capacity to earn
a livelihood (sec. 47, par. 2); advising that the infirmity pension is to be withdrawn
(sec. 47, par. 1), or that the payments of pensions are to be suspended (sec. 48).
(5) Giving information on all matters concerning infirmity insurance.
S e c . 58. In the cases of section 57, figure 1, the passing of an opinion on the insurance
obligation (secs. 1-7) or the right of insurance (sec. 14) has to extend to the measure of
incapacity of the applicant for pension to earn a livelihood (secs. 5, 15, 16), as also
whether and in how far the rights in sections 17 and 22 are to be made use of.
In the cases of section 57, figure 2, namely, the judging as to the incapacity of the
pension recipient to earn a livelihood (sec. 47, par. 1) extends also as to whether and
m how far use is to be made of the authority conferred by section 47, paragraph 2,
sentence 3.
The judgment given must further also extend to all those questions which seem of
import for the decision of the directorate of the insurance institution.
S ec . 59. If the lower administrative authorities in the cases of section 57, figures 1, 2,
are of opinion that judgment is to be given against the granting of a pension or for the
withholding of an infirmity pension, they have, before giving their judgment, to dis
cuss orally the questions specified in section 58, in consultation witn a representative
of the employers, and also with a person representing the insured (Ifec. 61). A t their
request, or when the elucidation of the real state of the case requires it, the applicant
for a pension or the recipient of a pension is to be invited to an oral consultation; in
every case he has to be informed of its date. It must be made clear in the judgment
how each of the two representatives has voted.
The directorate of the insurance institution is entitled to demand the judgment of
the lower administrative authorities in the form given in paragraph 1, also in other
cases than those specified in sections 57 and 58, and on other questions.
S e c . 60. The higher administrative authorities (sec. 169) can, after hearing or at the
request of the directorate for the district of an insurance institution or for portion of
the same, designate certain parish authorities as lower administrative authorities in the
meaning of section 57, and commission them to conduct the business contemplated in
sections 57 and 58.
S e c . 61. For every district of the lower administrative authorities (sec. 57) repre
sentatives of the employer and of the insured are elected; their number amounts, so
long as a higher number has not been fixed b y that authority which has issued the
election order (sec. 63), to four each both from the class of the employers and from the
insured. The regulations of sections 87-94 and 97 are correspondingly applicable.
S e c . 62. The representatives of the employers and of the insured are elected by the
directorates of the local, works (factory), building, and guild sick funds, miners’ benefit
funds, seamen’s benefit funds and other legal associations of seamen for watching the
interests of seamen existing in the district of the lower administrative authorities, also
by the directorates of those registered relief funds or relief funds w hich are established
on the basis of local regulations and are in possession of the certificate provided for by
section 75a of the sickness insurance law ana whose district does not extend beyond the
district of the lower administrative authorites. In so far as persons specified in section
1 do not belong to such funds, participation in the election is, in accordance with the
regulation of the Government of the country, to be accorded to the representatives of
the wider communal unions or to the administrations of the parish sickness insurance
or establishments of a similar kind which conform to the laws of the country and is to
correspond to the number of these persons. In so far as the directorates of the specified
funds and associations are composed of representatives of the employers and of repre
sentatives of the workmen, the members of the directorate belonging to the employers
take part only in the election of the representatives of the employers; the members of
the directorate belonging to the insured only take part in the election of the represent
atives of the insured. Directorates in which employers are not represented take part
only in the election of the representatives of the insured. Directorates in w hich work
men are not represented take part only in the election of the representatives of the
ates of such sick funds, for the members of which a special fund in the
meaning of sections 8,10,11, exists, are not entitled to take part in the elections.
The representatives of the employers and of the insured must reside in the district
of the lower administrative authorities, and, to the extent of at least a half of their
members, actually at the place itself or within 10 kilometers T6.21 miles] of the same;
and they may not be members of the directorate (sec. 73) or of a court of arbitration
(sec. 103).
S e c . 63. The election of the representatives proceeds according to detailed regula
tions of an election order, which is to be issued by the proper public central authorities
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B U LLETIN OF TH E BUREAU OF LABOR.
for the locality where the insurance institution exists or bv the authorities designated
by them under the direction of their agent. In the case of joint insurance institutions
the election order, in default of agreements among the Governments concerned, is to
be issued by the imperial chancellor and the election conducted by an agent of the
same.
For the purpose of the election of the representatives, the district of the lower admin
istrative authorities can be divided into smaller election districts.
Disputes as to the election w ill be decided b y the authorities who have issued the
election order.
Sec . 64. The representatives of the employers and of the insured are to be bound by
the lower administrative authorities to the conscientious fulfillment of their obligations.
The higher administrative authorities are to determine on the order in which the
representatives are to be called in to the meetings.
The compensation, etc. (secs. 61, 92), of the representatives, as well as the other
cash disbursements arising from the procedure, are to be met b y the insurance insti
tution.
The lower administrative authorities are competent to take the depositions of wit
nesses and experts, but not on oath.
The directorate of the insurance institution is competent, at the request of the
lower administrative authorities, to charge the interested parties with such costs of
the procedure as have been occasioned wantonly b y them or b y a conduct calculated
to protract the case or mislead the officials.
Otherwise the course of procedure before the lower administrative authorities will
be regulated b y the public central authorities.
B . INSUR ANCE INSTITUTIONS.
1. Establishment.
Sec . 65. The insurance institutions will be established in accordance with the
regulations of the governments of the country, for the wider communal unions of its
territory or for the territory of the confederated State or parts of the same.
Also a joint insurance institution can be established for several confederated States
or portions of the territory of the same, as also for several wider communal unions of a
confederated State.
All those persons who are employed in its district are to be insured in the insurance
institution. The provisions o f section 5a of the insurance law against sickness are
applicable to the fixing of the place of employment. In so far as the employm ent
takes place in a manufactory situated in the district of another insurance institution
the insurance can, with the consent of the insurance institution concerned, also be
effected in the insurance institution at the seat of the manufactory. This consent must
be given at the request of the employer liable to pay contributions if the persons
employed are members of a sick fund established for these works (factory). If the
employment is temporarily abroad, but in connection with a trade situated in the
country, the insurance is effected in the insurance institution where the works are
situated.
In the case of foreign ships engaged in internal navigation the insurance institution
in whose district the ship first enters when crossing the frontier is considered as the
place of employment of the crew, etc.
S ec . 66. The sanction of the Federal Council is required for the establishment of
an insurance institution. When sanction is not accorded, the Federal Council can,
after hearing the governments concerned, order the establishment of insurance
institutions.
S ec . 67. The seat of the insurance institution will be determined b y the government
of the State.
If the insurance institution is established for several confederated States or portions
of this territory, its place in default of agreement among the governments cpncemed
is determined b y the Federal Council.
S ec . 68. The insurance institution can in its own name acquire rights and contract
liabilities, sue, and be sued in a court of law. In cases of its liabilities creditors can
place a lien on the capital of the institution and in so far as the same does not suffice
to cover the liabilities of the insurance institution, the communal union for which the
insurance institution is responsible, and in the case of its inability to pay or when the
insurance institution is established for the confederated State or a portion of the same,
the confederated State is responsible.
If the insurance institution is established for several communal unions of confed
erated States or parts thereof, the liability is apportioned in the case of inadequacy of
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981
the capital of the insurance institution, in accordance with the proportion of the
population as fixed by the last census, of those districts concerned with the insurance
institution.
The means of the insurance institution may not be applied for other purposes than
those provided for in this law. Its receipts and disbursements are to be accounted
for separately; its cash balances in hand are to be kept separate.
The insurance institution may not undertake business other than that assigned to
it b y this law.
S ec . 69. The costs arising from the first establishment of the insurance institution
are to be advanced b y the communal union or b y the confederated State for which it
is established. For joint insurance institutions the advances are to be made, in
default of agreement, in the proportion provided b y section 68, paragraph 2.
The advances made are to b e refunded b y the insurance institution out of the first
insurance contributions received.
2. Code of rules.
S ec . 70. For each insurance institution a code of rules is to be drawn up which will
be decided upon b y the committee (sec. 76). This code must specify:
(1) The number of the representatives of the employers and of the insured belonging
to the directorate.
(2) The number of members, the obligations and privileges of the committee, as
also the manner of convening. The appointment of its chairman and as to the manner
of arriving at decisions.
(3) The form in which the directorate has to set forth its declaratory act (notification)
and in which it has to sign for the insurance institution; also the manner in which the
decisions of the directorate and of their representatives is to be publicly announced.
(4) The representation of the insurance institution as regards tne directorate.
(5) The number of the Beisitzer (i. e., representatives of the employers and of the
workmen) in the courts of arbitration, which must amount to at least four from the class
of the employers and four from that of the insured; and the order in which the Beisitzer
are to be called in to the sittings.
(6) The amount of the indemnifications to be awarded in accordance with section
74, paragraph 3, and section 92.
(7) The manner of the drawing up of the estimate.
(8) The manner of drawing up and passing on the annual accounts, in so far as regu
lations are not made for this b y the proper public central authorities at the place where
the insurance institution is situated.
9) The method of publication of the balance sheets.
10) The public newspapers through which announcements have to be made.
5
11) The conditions under which an alteration of the code of rules can b e made.
Iec . 71. To the committee must be reserved:
(1) The election of the nonofficial members of the directorate as also the election of
the beisitzer in the courts of arbitration.
(2) The fixing of the estimates.
(3)
The examination of the annual accounts and the advancing of objections against
the same.
(4)
The acquiescence in the decisions of the directorate concerning the acquisition,
the alienation, or the encumbering of the ground property of the insurance institution
in so far as, in the conscientious judgment of the directorate, there is no danger in delay.
(5) The deciding as to the formation of reinsurance associations (sec. 99).
(6) The alteration of the code of rules..
(7) The supervision of the conduct of business b y the directorate.
A copy of the draft of the yearly estimate (fig. 2) is to be submitted to the supervising
authority at the latest two weeks before the meeting of the committee called to fix the
same. The former is entitled to raise objections in so far as the estimate or parts of the
same do not conform with the legal or statutory regulations. The chairman of the
committee is bound to object, in conformity with section 75, to the decision of the com
mittee not to take into consideration the objections of the supervising authorities.
S ec . 72. The code of rules requires for its validity the sanction of the Imperial
Insurance Office. The resolutions passed b y the committee on the code of rules with
the minutes are to be handed b y the directorate to the Imperial Insurance Office
within a week.
An appeal can be made to the Federal Council against the decision of the Imperial
Insurance Office, b y which approval is refused, within a period of four weeks from the
day on which the decision is handed in to the directorate.
If no complaint is lodged within this period, or if the refusal to sanction the code of
rules is upheld b y the Federal Council, the Imperial Insurance Office has to order
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BU LLETIN OF TH E BUREAU OF LABOR.
within four weeks another resolution to be arrived at. If sanction is also finally refused
to the code of rules then drawn up afresh, or if the committee does not arrive at another
decision as to the code of rules, such decision will be determined upon by the Imperial
Insurance Office. In the latter case the Imperial Insurance Office has, at the expense
of the insurance institution, to take the necessary steps for the carrying out of the code
of rules. The sanction of the Imperial Insurance Office is required for the alterations
of the code of rules. Complaint can be made to the Federal Council within four weeks
from the day of delivery against the refusal of the sanction.
After the code of rules has been fixed, the directorate has to publish in the Imperial
Gazette and in the paper decided on for the publication of the announcement of the
public central authority, the name, place, and district of the insurance institution and
the name of the chairman of the directorate. Public announcement of alterations is
to be made in the same way.
3. Directorate.
S ec . 73. The insurance institution will be administered b y a directorate in so far as
separate matters have not been transferred b y law or statute to other bodies (officials).
The directorate has to represent the insurance institution judicially and extraju dicially. The representation also extends to those affairs and legal actions for which,
according to the laws, a special authority is necessary.
S e c . 74. The directorate of the insurance institution has the status of a public
authority. Its affairs w ill be attended to b y one or more officials of the wider com
munal union, or of the Federal State, for which the insurance institution is established.
The official members of the directorate, one of whom is to be designated chairman,
will be appointed in accordance with the provisions prescribed b y the law of the land,
b y the communal union, or by the government of the State, respectively. If the dis
trict of the insurance institution extends over several wider communal unions, the
officials will be appointed b y the government of the State; the latter can transfer the
appointment to one of the communal unions. If the district of the insurance institu
tion extends over the territories of several confederated States, the appointment of the
officials, in default of agreements among the governments of the States interested, is
* decided on b y the imperial chancellor. The salaries, pensions, etc., of the officials
and of their survivors are to be reimbursed b y the insurance institution.
Besides the above-mentioned officials, representatives of the employers and of
the insured must belong to the directorate. Salaries w ill not be granted to them.
It can be determined b y the code of rules that other persons, besides the abovementioned, shall belong to the directorate. The same can, according to the deter
mination of the code of rules, be salaried or unsalaried. In so far as salaries are to be
granted them, the committee (sec. 76) has to fix the conditions of appointment.
Sec . 75. The chairman of tne directorate has to raise objections, while specifying
his reasons, against resolutions of the officials of the insurance institution which
offend against the legal or statutory prescriptions so as to delay their operations.
These can be contested b y way of complaint to the supervising authorities.
4. Committees.
S e c . 76. For every insurance institution a committee w ill be constituted con
sisting of at least five representatives of each of the employers and of the insured.
The number of the representatives will be decided, until the code of rules is sanc
tioned, b y the proper public central authorities for the seat of the insurance institu
tion, and, later, b y the code of rules itself.
These representatives w ill be elected b y the representatives of the employers and
of the insured in the case of the lower administrative authorities (sec. 61), and b y
the Beisitzer of the pension offices (sec. 81) separately from the employers and the
insured.
S ec . 77. The election of the representatives proceeds in accordance with the
detailed regulations of an election order, which is to be issued b y the proper public
central authorities at the place where the insurance institution is situated, or b y the
authority appointed b y them, under the direction of an agent. Where joint insur
ance institutions exist, the election order, in default of agreement among the govern
ments concerned, w ill be issued b y the imperial chancellor, and the election w ill be
conducted b y an agent appointed b y him.
For each representative at least one first and one second substitute are to be elected
who have to act for him in case of his being unable to attend, and in case of with
drawal they have to step in for the rest of the election period according to the priority
of their election.
Disputes as to the elections w ill be decided b y the authority who has issued the
election order.
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983
S ec . 78. The chairmanship of the committee is taken, till the code of rules is sanc
tioned, b y the chairman of the directorate of the insurance institution. The same
person summons the members of the committee. The substitutes are to be invited
to take the place of those members who are prevented from attending, and who inform
the chairman in time of their absence.
The members of the committee, deliberating on the code of rules, receive for their
participation in these deliberations, fees which are to be fixed b y the proper public
central authority for the seat of the insurance institution.
5. Pension offices.
S ec . 79. For the conduct of the business, devolving in accordance with sections
57 to 59, on the lower administrative authorities, pension offices can be established
for the district of the insurance institution or parts thereof, by the directorate of the
insurance institution.
The consent, however, of the committee of the insurance institution is necessary;
besides this, in the case of insurance institutions for which the official members of
the directorate are to be appointed b y a communal union, the consent also of the
board entrusted with the administration of the affairs of this communal union is
necessary; increase of insurance institutions, however, for which the official members
of the directorate are to be appointed b y the government of the state, the consent
of the pu blic central authorities is necessary, and in so far as several public central
authorities are concerned, and in default of agreement among them, then the con
sent of*the imperial chancellor is necessary.
The public central authorities can, in case business requires it, and especially
in densely populated parts, and after hearing the directorate and committee of the
insurance institution, as well as the board entrusted with the administration of the
affairs of the proper wider communal union, order the establishment of pension
offices for the districts of lower administrative authorities, or for separate parishes
in which the conduct of business, provided for in paragraph 1, has not been trans
ferred in accordance with section 60 to the parish authorities. If such offices are to
be established for the districts, extending to the territory of several confederated
States, the imperial chancellor can, in default of agreement among the governments
concerned, order their establishment.
The pension office is a board (office) of the insurance institution and has the status
of a public authority.
S ec . 80. Besides the tasks specified in section 79, paragraph 1, the directorate of
the insurance office can with the consent of the committee transfer to the pension
office the control over the payment of the contributions; in the same way and with
the approval of the proper public central authorities at the place where the pension
office is situated, still further duties can be transferred to the pension office b y the
directorate.
S ec . 81. Each pension office consists of a permanent chairman, at least one sub
stitute, and of Beisitzer; (a) they w ill be given the necessary assistant officials.
The directorate of the insurance institution fixes the duration of office and the
salaries of the chairman and substitutes. The appointment of the chairman and the
substitutes follows, after hearing the views of the directorate, through the authorities
intrusted with the administration of the affairs of the wider communal union; for
those institutions, however, in which the official members of the directorate are to be
appointed b y the public central authorities (sec. 74, par. 1) the appointments are
made b y the latter.
The name and residence of the chairman and his substitutes are to be published
in the district of the pension office b y the directorate of the insurance institution.
If the position of chairman of the pension office is administered as a collateral
post b y an indirect or immediate official of the State, he is subject in respect of his
activity as chairman of the pension office only to the disciplinary authority of his
superiors in the chief insurance office.
The assistant officials of the pension office are officials of the insurance institution;
they are appointed b y the directorate of the insurance institution, after hearing the
views of the chairman of the pension office.
S ec . 82. The number of the Beisitzer, so long as a higher number has not been
fixed b y the insurance institution, amounts to four each from the class of the employers
and from that of the insured.
The prescriptions of sections 62, 63, find corresponding application to the election of
a Beisitzer.
« “ Beisitzer” are members, sometimes nonjudicial, of courts, etc.—Note by translator.
984
BULLETIN OP TH E BUREAU OP LABOR.
S ec . 83. The chairman, his substitutes, and the Beisitzer are to be bound to the
conscientious fulfillment of the duties of their offices; the same applies to the assistant
officials, in so far as they have not taken the official oath as officials of the insurance
institution. The swearing in of the chairman takes place before authorities who
appoint him (sec. 81, par. 2), or before the public official intrusted b y them with this
duty; the swearing in of the other persons takes place before the chairman.
Regulations are to be made in the code of rules as to the order in which the Beisitzer
are to be called in to the debates.
The chairman fixes the payments to be granted to the Beisitzer (sec. 92). The
immediate supervision over the service of the assistant officials of the pension office
falls to him ; disciplinary punishments against them, however, in so far as they are
appointed in the pension office of the chief office, are imposed b y the directorate of
the insurance institution; in other cases b y their superiors in the chief office.
S ec . 84. The prescriptions of section 59, paragraph 1, find corresponding appli
cation with regard to the calling upon a representative of the employers and the insured
to give judgments.
The pension office is entitled to take the depositions of witnesses and experts, but
not on oath.
Sec . 85. The costs of the pension office, including the salaries, etc., of the chairman,
of the Beisitzer, and of the assistant officials, as also the cost of the course of procedure
before the pension office, are borne b y the insurance institution.
The regulation of section 64, paragraph 5, finds corresponding application. For
the rest the course of procedure of the pension office is regulated b y the directorate of
the insurance institution.
S ec . 86. The public central authorities can transfer to pension offices situated in
the territory of the confederated State the power of finally deciding on, granting,
withholding, and suspending infirmity and ofd-age pensions, as well as of giving final
decisions as to applications for the refunding of contributions, instead of merely giving
their opinion thereon. In decisions of this kind the pension office is not bound to
follow the instructions of the directorate. The pension office is, however, bound to
take a decision on the withdrawal of the pension and the suspension of payments of
pension when directed to do so b y the directorate.
The powers granted to the directorate of the insurance institution b y section 64,
paragraph 5, are in this case granted to the pension office. Otherwise the course of
procedure will be settled b y the proper public central authorities, at the place where
the insurance institution is situated, b y joint insurance institutions, but in default
of agreement among the governments concerned, b y the imperial chancellor.
6. General regulations.
S ec . 87. The number of the representatives of the employers and of the insured in
the boards of the insurance institution must be equal.
S ec . 88. Only male Germans, being of full age and resident in the district of the
insurance institution, are eligible for election as representatives of the employers and
of the insured. Ineligible for election are those persons who are unqualified for the
office of a Schoffe.(a)
Eligible for election as representatives of the employers are: only the employers of
persons insured in accordance with this law and the recognized heads of works; as
representatives of the insured those persons who are insured under this law are eligible
for election.
Sec . 89. Those insured persons (secs. 1, 2, 14) who employ people liable to insur
ance for permanent work are reckoned in the formation of the boards of the insurance
institution as employers.
S ec . 90. The election of the representatives of the employers and of the insured
is for five years. The persons elected remain, after the expiration of this time, in
office till their successors have taken up their duties. The outgoing representatives
are eligible for reelection.
Persons who, without good grounds (sec. 94) decline to be elected, and who, unless
for good reasons, do not appear at the proper time at the sittings, or who in other ways
avoid their duties, can be fined b y the chairman of the directorate up to 500 marks
[$119], and, if they are the Beisitzer of the pension offices, b y the cnairman of the
penson office up to 150 marks [$35.70],
If an election is not effected or if the elected persons refuse to serve, the proper lower
administrative authorities at the place where the board is situated can appoint the
representatives from the number of the employers and from that of the insured.
a Schoffe, a nonjudicial person summoned almost in the same way as a juryman to he a member of a
judicial court for judging light offenses.—Note by translator.
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985
S ec . 91. If, with regard to a person elected, facts become known which deprive him
of his eligibility to election in accordance with this law, or which are considered as
gross violations of the official duty, the person elected, after opportunity has been given
nim to explain matters, is to be removed from his office b y a decision of the directorate.
Appeal against such decision lies, within a month, to the Imperial Insurance Office.
It does not prevent the decision being carried out pending such appeal.
e c 92. o n o r a r y o s t s —The representatives of the employers and of the
insured, belonging to the organs of the insurance institution, administer their office as
honorary posts and receive (according to the detailed regulation of the code of rules)
reimbursement for their actual expenses; the representatives of the insured receive
besides this a lump sum for loss ot time or compensation for the earnings from work
that they have lost. The Beisitzer of the pension offices chosen from among the
employers and residents in the place can, if they forego the compensation for the
amount they are out of pocket, be allowed b y the code of rules a lump sum for loss of
time.
e c 93. e s p o n s ib il it y o p t h e e m b e r s o p t h e o a r d —The members are
answerable to the insurance institution for faithful administration of the business, like
guardians toward their wards; and, if they act intentionally to the detriment of the
insurance institution, they are subject to the penal regulation of section 266 of the
Penal Code.
e c 94. e f u s a l t o c c e pt l e c t io n — Election to the honorary offices can only
be declined b y the employers of the persons who are insured in accordance with this
law, and b y authorized managers of works where such employers exist for the same
reasons as those on which, in accordance with section 1786, paragraph 1, figures 2 to 4
and 8 of the Civil Code, the office of a guardian can be declined. The position of an
honorary post conferred under the present law, or under the accident insurance law, or
under the sickness insurance law, is identical with the position held b y a guardian.
Other grounds of refusal can be added b y the code of rules (sec. 70).
Reelection can be refused after one tenure of office.
S ec . 95. So long as the directorate or committee is not yet constituted, or so long as
these boards refuse to fulfill their legal or statutory obligations, the chairman of the
directorate has to carry out the latter at the cost of the insurance institution, or to
have them carried out b y agents.
e c 96. n o t in g — In case of an equality of votes in a division taken b y the
boards, the chairman has the casting vote.
e c 97. n h in d e r e d is c h a r g e o p u n c t io n s —The representatives* of the
insured have in every case, in which they are called upon to carry out their duties, to
inform their employers of the same. The nonperformance of their work, during the
time in which the specified persons are prevented (b y carrying out those duties) from
working, does not entitle the employers to cancel the work contract before the expira
tion of time laid down in it.
e c 98. f f ic ia l e r s o n n e l —The rights and duties of state or communal officials,
in accordance with the detailed regulations of the office, chancery, and lower officials
employed in the chief office b y the insurance institution and its boards, in so far as
they are not considered—in accordance with the common law applying to them—as
state or communal officials.
e c 99. e in s u r a n c e s s o c ia t io n s —Several insurance institutions can unite to
bear jointly the burdens of the infirmity insurance wholly or partially.7
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7. Alterations.
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e c 100. Alterations of the districts of the insurance institutions are permissible in
so far as they are proposed b y the committee of an insurance institution concerned or
b y the government of a confederated State, whose territory the insurance institution
wholly or partially embraces, and are sanctioned b y the Federal Council. Befpre such
sanction is decided, the committees of the insurance institutions concerned as well
as the governments of those confederated States, whose territories are concerned in
the alteration, are asked for their views. In the case of insurance institutions for the
districts of wider communal unions, the representatives of the latter are also entitled
to bring forward motions for alterations; before alterations of the districts of such
insurance institutions are sanctioned, the representatives of the communal union
concerned must be heard.
An amalgamation, division, or dissolution of existing insurance institutions requires
the consent of the Reichstag.
The alteration of the district of an insurance institution, which is only the conse
quence of an alteration of the administrative district for which the insurance institu-*
tion was established, does not come under the foregoing regulations.
986
BULLETIN OF TH E BUREAU OF LABOR.
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e c 101. I f local districts separate from the district of an insurance institution, the
accumulated capital to its full extent as well as all the obligations which have arisen
up to that time, remain with the latter until the moment of separation.
If the alteration leads to the dissolution of the insurance institution, its capital with
all rights and duties (in so far as the same is not transferred b y the governments con
cerned to those insurance institutions to which the districts of the dissolved institu
tions are assigned, or is taken over with the sanction of the governments concerned b y
an insurance institution) goes to the wider communal union or respectively to the
confederated State; in the case of joint insurance institutions, proportionately to the
communal unions or to the confederated States, for which the insurance institution
was established.
The extent to which, b y dissolution of a joint insurance institution, the communal
unions or confederated States are to participate in the transfer of the capital, is decided,
in default of agreement, b y the Federal Council; or when only communal unions of one
confederated State are concerned, b y the public central authority.
e c 102. Disputes arising between the insurance institutions concerned, with
regard to the settlement of the capital, are, in default of an understanding or of a decision
of a court of arbitration, to be settled b y the Imperial Insurance Office.
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C. COURTS OP ARBITRATION.
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e c 103. A t least one court of arbitration will be established for the district of each
insurance institution.
The number, the districts, and the seats of the courts of arbitration will be fixed b y
the central authorities of the confederated State in the territory in which the insur
ance institution has its seat. For joint insurance institutions this w ill be fixed, in
default of agreement among the governments concerned, b y the imperial chancellor.
e c 104. Each court of arbitration consists of a permanent chairman and of Beisitzer.
The chairman is named from the number of the public officials of the central author
ities of the confederated State in which the court of arbitration is situated. A t least one
substitute for the chairman is to be appointed in the same way.
The Beisitzer, to the number fixed b y the code of rules, w ill be elected b y a simple
majority of votes b y the committee of the insurance institution and in equal propor
tions in separate poll b y the employers and the insured.
The assistant officials of the court of arbitration are officials of the insurance institu
tion; they are appointed b y the directorate of the insurance institution after hearing
the views of the chairman of the court of arbitration.
The regulations in section 62, paragraph 3; section 64, paragraph 5; section 83,
paragraphs 1, 3; sections 87 to 92, sentence 1; sections 94, 97, 98, are correspondingly
applicable under the following conditions:
(1) The members of the court of arbitration may not be members of the directorate.
They may not represent the employers or the insured under a lower administrative
authority nor a Beisitzer in a pension office.
(2) The dismissal of an elected Beisitzer is effected b y the chairman of the court of
arbitration, under reservation of appeal to the higher administrative authority.
(3) The imposition of costs, in accordance with section 64, paragraph 5, is effected
b y the chairman of the court of arbitration.
e c 105. The name and residence of the chairman and of his substitutes are to be
published officially in the district of the court of arbitration b y the public central
authorities, and are to be communicated to the Imperial Insurance Office.
e c 106. The chairman convenes the court of arbitration and conducts the pro
ceedings of the same.
The court of arbitration is authorized to take the depositions of witnesses and experts
and to have their evidence confirmed b y oath.
The court of arbitration when arriving at decisions must be composed of five mem
bers, among whom must be two employers and two insured persons.
The decisions of the court of arbitration are arrived at b y a majority of votes and are
to be handed to the parties at latest within three weeks of their delivery.
The calling in of Beisitzer follows usually in the order set forth in advance. The
regulation of section 83, paragraph 2, is applicable. If the chairman for special
reasons wishes to deviate from the order, his grounds for the change are to be noted
in the official documents.
For the rest, the course of procedure before the court of arbitration is regulated b y
imperial order with the consent of the Federal Council.
e c 107. The costs of the court of arbitration, including the remuneration of the
Beisitzer and of the assistant officials, as well as the costs of the proceedings before the
same, are borne b y the insurance institution.
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OLD-AGE AND INVALIDITY PENSION LAW S— GERMANY.
987
Remuneration may not be granted to the chairman of the court of arbitration nor
to his deputies b y the insurance institution.
Resolutions will be arrived at with regard to providing the business premises and
business necessaries of the court of arbitration b y the chairman *in agreement with the
directorate of the insurance institution. In case of difference of opinion the public
central authorities of the confederated State in which the seat of the court of arbitration
is decide.
D. IMPERIAL INSURANCE OFFICE AND STATE INSURANCE OFFICES.
Imperial insurance office.
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e c 108. The insurance institutions are under the control of the Imperial Insurance
Office. The right of control of the latter extends over the observance of the legal and
statutory prescriptions.
All decisions ot the Imperial Insurance Office are final, in so far as it is not otherwise
determined b y this law.
The Imperial Insurance Office is authorized, at any time, to undertake a revision
of the affairs of the insurance institutions. The members of the directorates and other
boards of the insurance institutions are bound, at the request of the Imperial Insurance
Office, to produce their books, vouchers, securities, and cash in hand, as also the
documents referring to the contents of the books and the fixing of pensions, etc., and
to furnish any other information which is considered requisite for carrying out the
power of control. The Imperial Insurance Office can compel them to do this, and
also to observe the legal and statutory prescriptions b y fines up to 1,000 marks [$238].
e c 109. The Imperial Insurance Office decides, without prejudice to the rights
of third parties, disputes relating to the rights and duties of the boards of the insur
ance institutions as well as to the members of these boards, to the interpretation of
the codes of rules and to the validity of completed elections, in so far as the latter
do not come under section 63, paragraph 3; section 77, paragraph 3; and section 82,
paragraph 2.
This prescription does not apply to the conditions of service of officials appointed
on the basis o f section 74, paragraph 1, and specified in section 81, paragraph 2.
e c 110. The decisions of the Imperial Insurance Office are arrived at when there
are present at least four members, including the chairman, among whom must be
one representative of each of the employers and of the insured, and with the collab
oration of a judicial official, when the question is:
(1) About the decision on appeal against resolutions of boards of the insurance
institutions (sec. 75).
(2) A bout the decision of disputes relating to proprietary rights when alterations
of the balances in the hands of the insurance institutions (sec. 102) are made.
(3) A bout claims for compensation against associations for accident insurance of
special trades or callings ( JSerufsgenossenschaften) (sec. 23, par. 3; secs. 113, 128,
par. 3).
(4) About the decision on appeal against the decisions of the courts of arbitration
(sec. 116).
Resolutions b y which appeals are sent back without oral proceedings (sec. 117,
par. 2) are arrived at when three members are present, among whom must be one
representing the employers and one the insured.
The representatives of the manufacturers and of the workmen who, without restric
tion to the affairs of their special calling, are elected on the basis of the accidentinsurance laws as nonpermanent members of the Imperial Insurance Office are also
considered to be representatives of the employers and the insured for the purposes
of this law. The dismissal of a representative of the employers or of the insured
(sec. 91) is effected b y the Imperial Insurance Office.
For the rest, the forms of the procedure and of the routine of business of the Imperial
Insurance Office are regulated b y imperial order with the consent of the Federal
Council.
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State insurance offices.
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e c 111. In so far as a state insurance office is established for the territory of a
confederated State (section 92 (a) of the accident insurance law, section 100 ( b) of the
law of May 5, 1886, Reichs-Gesetzblatt, page 132), those insurance institutions which
do not extend beyond the territory of this confederated State are under the control
of the state insurance office. The prescriptions of sections 108 to 110 are correspond
ingly applicable to the state insurance offices.*6
a Since 1900 this citation has been section 127 of the industrial accident insurance law of June 30, 1900.
6Since 1900 this citation has been sections 21 and 22 of the main accident insurance law (Hauptgesetz)
of June 30,1900.
988
BULLETIN" OF TH E BUREAU OF LABOR.
In the affairs of the insurance institutions placed under the state insurance offices
the authority assigned to the Imperial Insurance Office in sections 72,91,102,127,140,
156,161, and 178 passes to the state insurance office, and in so far also as the Berufsgenossenschaft is concerned is under the control of the same state insurance office;
the power assigned to the Imperial Insurance Office in section 23, paragraph 3, sec
tion 113, paragraph 6, and section 128, paragraph 3, is also transferred to the state
insurance office.
The forms of the course of procedure and of the routine of business in the state
insurance office are regulated b y the government of the State.
III.
Co u r se
op
P rocedure.
FIXING THE AMOUNT OF THE PENSIONS.
S . 112.
ec
The claim for the awarding of a pension is to be notified to the proper
lower administrative authorities, or pension office, for the place of residence or for
the place of employm ent of the insured; and if he no longer has in the country of
his last place of residence or place of employm ent the documents on which it is based
(especially the last receipt card), section 131 must be handed in at the same time.
The public central authorities may order that the notification is to be carried out with
legal effect b y another authority; the latter has to pass on the notification to the
proper lower administrative authorities, or pension office, for its district.
The lower administrative authorities, or pension office, has to set on foot the inuiries necessary for showing clearly the circumstances of the case, and to forward
le case, with the expression of their professional opinion (secs. 57 to 59, 79, and 84,
par. 1), to the directorates of the proper insurance institution for their district.
If the directorate believes that it is unable to com ply with the recommendation of
the lower administrative authority, or of the pension office, for the awarding of a pen
sion, the affair, in so far as it is a question of obligatory insurance (secs. 1 to 7), or of
the right of insurance (sec. 14), of estimating the capacity to earn a livelihood of the
applicant for a pension (secs. 5 ,1 5 ,1 6 ), is to be returned to the lower administrative
authorities, or to the pension office, for opinion of the Beisitzer (sec. 59, par. 1) in case
the latter have not been consulted.
If the notified claim is recognized, the amount and the date of the pension are at
once to be fixed. A written notification has then to be sent to the person entitled to
receive the pension, from which the manner of calculating the same is to be evident.
If the notified claim is not recognized, it must be refused in writing, giving the
grounds for the refusal.
e c 113. The assumption that the incapacity to earn a livelihood has been caused
b y an accident, to be compensated in accordance with the accident-insurance law,
is not a ground for the refusal of the claim to infirmity pension. In so far as the other
conditions are present, under which an infirmity pension may be awarded, it is still
more desirable that this pension should be fixed.
If, then, the infirmity pension is paid for a period, for which the recipient has a claim
to accident insurance, this claim is transferred to the insurance institution, in so far as
the infirmity pension awarded does not exceed the accident pension to be awarded.
The insurance institutions are entitled, on behalf of the injured person, to request
the fixing of the accident pension, in so far as this has not yet taken place, and, in case
of necessity, to carry out the proceedings prescribed b y the accident insurance law.
They are also entitled, on behalf of the injured person, to go to law, and that without
consideration of the final dates (periods) which nave lapsed through no fault of theirs.
The insurance institutions are also then entitled, in accordance with paragraph 3, to
bring about the fixing of accident pensions, when, as a consequence thereof, cessation
of the infirmity or old age pensions would w holly or partially ensue.
If in the cases of paragraph 1 a cure had been initiated b y the insurance institution,
the regulations of section 21 are correspondingly applicable.
Disputes arising out of the claim for compensation (pars. 2 and 5) w ill be decided b y
the Imperial Insurance Office.
e c 114. The applicant can demand a decision of the court of arbitration as regards
the notification b y which his claim to infirmity or old age pension is refused, as also as
regards the notification b y which the amount and the date of the commencement of the
pension are fixed. The appeal has no delaying effect.
For deciding as to the appeal, that court of arbitration is convened which is com pe
tent for the district of the lower administrative authority or of the pension office. The
appeal must, to avoid exclusion, be lodged with this court of arbitration within one
month after the receipt of title notification.
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OLD-AGE AND INVALIDITY PENSION LAW S— GERMANY.
989
Compliance with this term is also considered to have taken place, when, within that
period, the appeal of the applicant for pension has been handed in to another authority;
the latter has immediately to hand over the appeal papers to the proper court of arbi
tration.
The notification must specify the term within which the appeal will lie, and the
proper court of arbitration for such appeal.
The decision of the court of arbitration must be drawn up and handed to the applicant
for pension, as well as to the directorate of the insurance institution.
e c 115. The court of arbitration has, when it considers the claim to pension to be
justified, immediately to fix the amount and the date of the pension. If the court of
arbitration, in special exceptional cases which the Imperial Insurance Office may
specify more closely, has recognized the claim to a pension only in principle, and has
not immediately decided on the amount and the date of the commencement of the
pension, the directorate of the insurance institution has in those cases, in which the
legal remedy for appeal is lodged, immediately to award temporary pension amounts.
There is no legal remedy against the temporary awarding of pension amounts. As
soon as the claim to pension is legally established the directorate has to fix the amount
and the date of the commencement of the same (sec. 112), in so far as this has not
already been done. The amounts paid temporarily will be reckoned in with the pen
sion finally assigned.
e c 116. Both parties have legal remedy in an appeal against the decision of the
court of arbitration. The appeal of the directorate has delaying effect, in so far as it is
a question of sums to be paid supplementarily, for the time before the issue of the deci
sion appealed against. Otherwise the appeal does not delay the effect of the decision.
The Imperial Insurance Office decides as to the appeal. The legal remedy is to be
lodged with it to avoid exclusion, within one month after the handing in of the decision
of the court of arbitration; the regulation of section 114, paragraph 3, is correspondingly
applicable.
The appeal can only be based on the following grounds:
(1) That the decision appealed against rests on the nonapplication or the wrongful
application of the existing law or is clearly against the evidence of the official docu
ments.
(2) That the proceedings themselves are essentially defective.
e c 117. When the appeal is lodged it must be stated in what there is considered to
be a nonapplication or wrongful application of the existing law, or an offense against
1he clear evidence of the official documents, an alleged defect in the procedure: The
Imperial Insurance Office is not bound down in its decision merely to those grounds
which have been urged in vindication of the applications handed in.
If the declaration of such grounds is wanting, or, if the examination of the application
shows that the contested decision does not rest on the nonapplication or wrongful
application of the existing law nor on a defective procedure, and when there is no offense
against the clear evidence of the documents, or proof that the appeal has been lodged
too late, then the Imperial Insurance Office can send back the appeal without oral
proceedings. Otherwise, the Imperial Insurance Office has to decide after oral proceed
ings.
If the contested judgment is quashed, the Imperial Insurance Office can at once
itself decide in the matter to refer it to the court of arbitration or to the directorate.
The Imperial Insurance Office can, at the same time, determine that a certain amount
of pension is to be paid temporarily to the applicant for the pension. In cases of
rejection, the legal judgment on which the Imperial Insurance Office founds the
rejection is to form the basis of further decisions or notifications.
S ec . 118. The insurance institutions are authorized to waive the repayment of pen
sion amounts paid, in accordance with sections 115 to 117, before the legal decision.
e c 119. Tne prescriptions of the regulations, for civil suits for the revival of the
proceedings, are correspondingly applicable to the contesting of the legal decision on
a claim for pension, in so far as is not otherwise determined b y imperial regulations
after approval of the Federal Council.
e c 120. The repetition of an application for the awarding of an infirmity pension
which has been finally refused on account of the absence of permanent incapacity to
earn a livelihood, is then only permissible before the expiration of one year from the
date of the handing in of the final decision, and when it is authenticated testimony
that in the meantime circumstances have arisen from which the permanent incapacity
of the applicant to earn a livelihood is apparent. When such attestation is not pro
duced the lower administrative authorities or pension office have to reject the pre
maturely repeated application b y an enactment, against which there is no legal remedy.
e c 121. The directorate issues a written statement of its reasons on withdrawing a
pension (sec. 47) as well as on suspending a pension payment (sec. 48). Before such
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990
BULLETIN OP TH E BUREAU OF LABOR.
decision is taken the opinion of the proper lower administrative authorities or of the
pension office is to be heard for the place in which the pension recipient resides (secs.
57 to 59, 79, 84, par. 1).
In other cases section 112, paragraph 3, and sections 114, 116 to 119 are correspond
ingly applicable.
e c 122. The lower administrative authorities or the pension office are to be informed
b y the directorate of all decisions arrived at b y them. In so far as the pension offices
have been established, the directorate has further to inform the proper lower adminis
trative authorities for the place where the pension recipient resides as to the proper
amount to be drawn. The same holds good when alterations are begun to be made.
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PAYMENTS OP PENSIONS.
S ec . 123. The payment of the pensions w ill be effected b y the instructions of the
directorate of proper insurance institution under the provisions of section 112, para
graph 2, b y way of advance b y the postal administration and usually b y the nearest
post-office in that district in which the entitled recipient had his place of residence at
the time the application for the awarding of the pension was presented. The directo
rate of the insurance institution has to mention to the person entitled to a pension the
post-office charged with the payment of the pension.
If the entitled recipient changes his place of residence, the directorate of the insur
ance institution which has assigned the pension has, at his request, to transfer the pay
ment of the latter to the post-office of the new place of residence.
The central postal authorities are entitled to draw advances of funds from every
insurance institution. The same is to be given to the money offices, specified to the
insurance institutions b y the central postal authority in quarterly or m onthly install
ments and may not exceed the amounts expected to be paid in for the insurance insti
tution in the current fiscal year.
OFFICE OF ACCOUNTS (RECHNUNGSSTELLE).
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e c 124. The office of accounts of the Imperial Insurance Office has to carry out all
the account-keeping and technical insurance work arising out of this law. It is spe
cially charged with—
(1) The apportionment of the pensions (secs. 125, 174).
(2) The settlement of accounts with the postal authorities (secs. 126 et seq.) and the
computation of the funds to be advanced to the latter b y each insurance institution
(sec. 123).
(3) Cooperating in the statistical work required in order to com ply with the law.
(4) Cooperating in fixing the insurance contributions (sec. 32).
The Imperial Insurance Office determines what information is to be given to the
account office for these purposes b y the insurance institutions.
APPORTIONMENT OF THE PENSIONS.
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e c 125. The account office apportions the pensions to the Empire, to the joint
capital, and to the special capital. The Empire is to be charged with a grant of 50
marks [$11.90] (sec. 35) for each pension and for every contributory week without pay
ment ot contributions coming into account and of a share of the pension amounting to
18 pfennigs [4.3 cents] until otherwise fixed b y the Federal Council (sec. 40, par. 2).
The graduating scales of the infirmity pensions, as well as a quarter of the old age
pensions, are to be borne b y the special capital of the separate insurance institutions;
and all other portions of the pensions b y the joint capital. The graduated amounts
are chargeable to the institution into which the corresponding contributions have
been paid; the quarter of each old age pension is to be apportioned to those institu
tions which have received the contributions for the pensions recipient concerned and
in proportion to the amount of these contributions. The portions of the pensions
falling to the charge of the special capital of another insurance institution, are to be
refunded to the insurance institution assigning them at the end of the fiscal year at
their capital value in one sum (sec. 126).
For the fixing of the proportion in which the pension amounts, paid in the last
fiscal year, are to be refunded to the post, the office of accounts ascertains for each
year and for each insurance institution the capital value of the current pensions
assigned b y it and the portion thereof falling to the Empire, to the joint capital, and
to the special capital of the separate insurance institutions. The Federal Council
decides as to the manner of calculating the capital value.
e c 126. The central postal authorities have to deliver to the office of accounts
proofs of the payments made in the previous fiscal year under the instructions of the
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OLD-AGE AND INVALIDITY PENSION LAW S-----GERMANY.
991
insurance institutions. The office of accounts has to apportion the amounts advanced
in the proportion fixed b y section 125, paragraph 3, to the Empire, to the joint capital,
and to the special capital. The payments thus accruing to the joint capital of all the
institutions are to be refunded by the separate insurance institutions in proportion
to that part of their capital destined for the common burden.
On the basis of this apportionment, the account office has to inform each insurance
institution of the amount which it has to refund, on the one hand, out of the portion
of its capital destined for the common burden, and, on the other hand, out of its
special capital; at the same time the capital values are to be fixed which have to be
refunded m accordance with section 125, paragraph 2, b y the separate insurance
institutions to each other during the previous fiscal year. The figures on which the
calculations are based are to be stated. Complaint can be made to the Imperial
Insurance Office against the apportionment and the calculation. The amounts,
chargeable to the Empire, are to be laid before the imperial chancellor (at the Imperial
Ministry of the Interior).
The office of accounts has to inform the central postal authorities what amounts
have to be refunded b y the Empire and b y the separate insurance institutions.
REIMBURSEMENT OP THE ADVANCE MADE B Y THE POSTAL ADMINISTRATION.
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e c 127. The insurance institutions have to refund to the postal administrations
the amounts of which they have been informed b y the office of accounts (sec. 126)
within two weeks after the information has been sent in. The reimbursement is made
out of the cash funds of the institution. If such do not exist, the wider communal
union or the confederated State respectively has to advance the necessary'amounts.
In the case of joint insurance institutions, this advance has to be provided in the
proportion fixed b y section 68, paragraph 2.
At the request of the central postal authorities, the Imperial Insurance Office is to
institute proceedings for compulsory recovery against insurance institutions which
are in arrears in refunding the amounts.
REIMBURSEMENT OP CONTRIBUTIONS.
S ec . 128. The claim to the reimbursement of contributions (secs. 42 to 44) is to be
brought, accompanied b y the documentary proofs on which it is based, before the
lower administrative authorities or the office of accounts of the place of residence, or
of the last place of employment of the contributors, or before the authority determined
b y the public central authorities (sec. 112, par. 1).
The lower administrative authorities or office of accounts has to forward the docu
ments to the directorate of the proper insurance institutions for its district. The latter
has to give a written judgment on the claim.
Section 113 finds corresponding application when the death, which forms the basis
of the claim to reimbursement of contributions, has been caused b y an accident to be
compensated under the accident insurance laws.
The person entitled to such reimbursement has the right to complain against the
judgment to the Imperial Insurance Office. This complaint has to be lodged at the
Imperial Insurance Office, in order to avoid rejection, within one month of the hand
ing in of the judgment.
The regulations of section 114, paragraph 3, are to be correspondingly applied in
cases of paragraphs 1 and 4.
The insurance institutions, to which at the time the now reimbursed contributions
were paid, have to indemnify the reimbursing insurance institution; amounts ex
pended in making a round sum (sec. 42, par. 1, sec. 43, sec. 44, par. 3) remain to the
charge of the reimbursing insurance institution. The course of procedure w ill be
regulated b y the Imperial Insurance Office.
DECISION B Y THE PENSION OFFICES.
Sec . 129. If, on the basis of the prescriptions of section 86, the rights therein specified
are transferred to pension offices, the prescriptions of sections 112 to 122, 128, are cor
respondingly applicable to them with the following restrictions:
The decisions of the pension office are arrived at b y a majority of votes, when three
members are present, among whom there must be, besides the chairman or his sub
stitute, one representative each for the employers and for the insured, and when, in
the opinion of the chairman, or his substitute, it is a question of the refusal of applica
tion for pension, or of the awarding of a pension to a smaller amount than that applied
for, or of the withholding of an infirmity pension.
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992
BULLETIN OP TH E BUREAU OF LABOR.
In the cases in which the claim to a pension or to a reimbursement of contributions
has been w holly or partially recognized, or when the withholding of an infirmity
pension, or the suspension of payments of pensions, has been refused or agreed upon,
the chairman of the pension office has, after the judgment has been awarded, imme
diately to forward the documents to the directorate of the proper insurance institution
for the district of the pension office, at the same time specifying those decisions which
have been arrived at m opposition to its vote.
The directorate of the insurance institution is authorized to contest, in accordance
with section 114, paragraph 1, and section 128, paragraph 4, b y appeal, or b y com laint, the decisions of the pension office b y which the claim to a pension or to a reimursement of contributions has been w holly or partially recognized, or b y which the
withholding of invalid pensions or the suspension of the payment of pensions has
been refused. The appeal and complaint of the directorate have a delaying effect,
the appeal, however, only in so far as it concerns amounts which are to be paid supplementarily for the time before the decision of the pension office was issued.
The appeal or complaint is to be lodged with the proper court of arbitration, or
with the Imperial Insurance Office, to avoid rejection, w ithin one month after the
documents concerning the case have been handed in to the directorate (par. 3) b y
the pension office.
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STAMPS.
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e c 130. For the purpose of collecting the contributions, stamps, with the desig
nation of their money value, w ill be issued b y each insurance institution for the
separate wages-classes. The Imperial Insurance Office determines the period of time
for which the stamps are to be issued, as w ell as the distinguishing features of the
stamps, and the time for which they are valid. Stamps which have become invalid
may, within two years after the expiration of the time for which they are valid, be
exchanged for valid stamps b y the offices appointed for the sale of stamps.
The stamps of an insurance institution can be purchased at all post-offices situated
in its district, and at other places of sale to be established b y the insurance institu
tion, on payment of the face value of the stamps.
RECEIPT CARDS.
S .
e c 131. The contributions are paid b y sticking a corresponding sum in stamps
on the receipt card of the insured person.
The insured person is bound to have the receipt card made out and to produce it
for the purpose of sticking on the stamps or of canceling the stamps at the time pro
vided therefor (secs. 141, 149, 150). H e can be com pelled to do this b y the local
police authorities, or b y the chairman of the pension office, in so far as the control
over the payment of contributions (secs. 161 et seq.) has been transferred to the latter,
and b y fine up to 10 marks [$2.38]. If the insured person is not provided with a
receipt card, or if he refuses to produce it, the employer has the right to procure one
at the cost of the insured person, and to keep back the proper sum at the next payment
of wages.
The insured person is entitled to demand the making out of a new receipt card at
his own cost, and at any time on returning the old one.
S ec . 132. The receipt card contains the year and the day of its issue, the regulations
issued (sec. 139) as to the employment, and the punishment prescribed b y section 184.
In other respects the Federal Council determines its arrangement. The employment
of special receipt cards can be prescribed b y the Federal Council for self-insurance
and its continuance (sec. 14, par. 1), and the unauthorized employment of other
receipt cards can be threatened with punishment b y the Federal Council.
The costs of the receipt cards, in so far as they are not to be procured for the account
of the insured person (sec. 131, pars. 2 and 3), are borne b y the insurance institution
of the district of issue.
e c 133. Each receipt card has space for the reception of stamps for at least 52
contributory weeks. The cards are to be provided with consecutive numbers for
each insured person; on the first card made out for him is to be designated at the top
the name of the insurance institution in the district of which the insured person is
at the time em ployed; on each subsequent one the name of the insurance institution
which is noted on the card immediately preceding. If the name contained on a later
card does not agree with the name contained on the first card, the name on the first
card is considered to be the real one.
e c 134. The making out and the exchange of receipt cards are conducted b y the
office specified b y the public central authorities. •
The proper office, thus indicated, has to reckon up the stamps stuck on the returned
in such a way that it is clearly seen how many contributory weeks for the separate
Digitized forcard
FRASER
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OLD-AGE AND INVALIDITY PENSION LAW S— GEBMANY.
993
wages-classes have to be counted for the holder of the card. At the same time the
duration of the attested illnesses and military services of the holder has to be indicated
which fall in the time for which the receipt card is valid. A certificate of the final
figures resulting from this reckoning has to be given to the holder of the card.
e c 135. A receipt card loses its validity if it is not handed in for exchange within
two years after the day on which, according to the card, it was made out. If the
assumption is correct that the insured person has neglected to effect such a change
at the right time and through no fault of nis, the directorate of the insurance institution
for the place of employment can, at the request of the insured person, recognize the
continued validity of the card.
The Federal Council is authorized to order that the period of validity of the cards
can be prolonged b y stamping.
e c 136. R eceipt cards which have been lost, becom e unusable, or have been
destroyed can be replaced b y new ones. The contributions proved to have been
paid on the old cards are to be transferred in authenticated form onto the new card.
e c 137. The insured person is entitled within two weeks after delivery of the
certificate (sec. 134) or of the new receipt card (sec. 136) to protest against the calcu
lations on the card, against the contents of the certificates (sec. 134), as also against
the transfer (sec. 136). Complaint can b e entered with tne immediately superior
official authority within a similar period against the rejection of the protest. This
authority decides finally over this as well as over other complaints relating to the
course of procedure.
e c 138. The receipt cards given up are to be sent to the insurance institution of
the district, and they are then to be forwarded to the insurance institution whose
name they bear.
The latter is authorized to transfer the contents of the receipt cards of the same
insured person to collective cards (or accounts) and to preserve these instead of the
separate documents, which are to be destroyed. The procedure as well as the
arrangement of the collective cards is determined b y the Federal Council.
The Federal Council has to determine the prescriptions and the forms under which
receipt cards are also in other cases to be destroyed.
e c 139. The recording of a judgment on the conduct or doings of the holder or
other entries or remarks other than those provided b y this law in or on the receipt
cards are inadmissible. Receipt cards on which appear such entries or remarks are
to be retained b y any authorities into whose hands they come. The authorities have
to cause the same to be replaced b y new cards, onto which the contents which are
allowed on the first card, in accordance with the regulations of section 136, have to be
transferred.
The employer or any third person is forbidden to retain the card against the will
of the holder after the sticking-in of the stamps. This regulation is not applicable
to the retention of the cards on the part of the proper authorities and boards for the
purpose of the exchange, the control, correction, calculation, transference, or carrying
out of the entry procedure (secs. 148 et seq.).
R eceipt cards retained in opposition to this prescription are to be taken from the
offending party b y the local police authorities and handed to the person entitled to
hold them. The former are responsible to the latter for all detriment accruing to him
from the contravention of this law.
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S .
S .
S .
S .
PAYMENTS OF THE CONTRIBUTIONS B Y THE EMPLOYERS.
Sec . 140. The contributions of the employer and of the insured person are.to be paid
b y the employer who has employed the insured person during the contributory week
(sec. 30).
If the employment does not take place during the whole contributory week with
the same employer, the full weekly contribution has to be paid b y the employer
who first em ployed the insured person. Should this obligation not be satisfied and
if the insured person has not himself paid the contribution (sec. 114), the employer
who subsequently employed the insured person has to pay the weekly contribution;
he can, however, claim compensation from the first employer. If the insured person
is at the same time in several works or service conditions, entailing insurance obliga
tions, the employers are responsible as joint debtors for the full weekly contributions.
In so far as the actual time devoted to work can not be ascertained, the contribution
has to be paid for the work time which is considered approximately necessary to
accomplish the work. In case of dispute the lower administrative authorities, at the
request of one of the parties, give a final decision. The insurance institution has the
right to issue special regulations for the calculation of such contributions. The sanc
tion of the Imperial Insurance Office is required for the same.
e c 141. The payment of the contributions proceeds so that the employer (sec. 140)
when paying the wages sticks stamps for the period of employment in the proper
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994
BULLETIN OF TH E BUREAU OF LABOR.
receipt card which is issued b y the competent insurance institution for the place of
employment for the wages class applying to the insured person (sec. 34). The
employer has to procure the stamps out of his own means.
The insurance institution can determine how far employers are authorized to affix
the stamps at other times than when the wages are paid. In all cases the stamps,
devolving on the period of the work or service conditions, must be stuck in at latest
in the last week of the calendar year, or in so far as the work or service conditions are
concluded earlier, at the conclusion of the same.
Stamps for a period exceeding two weeks must be defaced. The Federal Council
has to issue the further regulations as to the manner of defacement, and to specify the
punishment incurred b y their non observance.
The Federal Council is authorized to issue regulations as to the defacing of other
stamps and to specify the punishment b y their nonobservance.
S ec . 142. The insured persons are bound to allow to be kept back from them at the
time of the payment of wages the half of the amount of their contributions; in cases
of section 34, paragraph 4, however, in so far as the insurance in a higher class has not
been agreed upon b y the employer and the insured person, the higher amount d evolv
ing on the insured is to be kept back. The employers can only thus collect the amount
devolving on the insured.
The deductions for contributions are to be equally apportioned amongst the periods
of payment of wages to which they belong. The equal amounts may be rounded off
to full 10 pfennigs [2.4 cents] without extra burden being thereby imposed on the
insured.
If the deductions are omitted at one time of payment of wages, they may be com
pleted for the period for which the wages are paid only on the next occasion when
wages are paid. This regulation does not apply when, on account of a late settlement
as to questions of doubtful obligatory insurance or for other reasons, contributions are
subsequently handed in, without any blame attaching to the employer.
Employers whose insolvency has been established h y a procedure for compulsory
recovery of debts may, in so far as the payment of the contributions proceeds in the
way notified in section 141, paragraph 1, make deductions from wages only for the
period for which they can prove that the contributions due have already been paid;
m so far, on the other hand, as the contributions are collected in accordance with
sections 148 et seq., they are bound to make the deductions from wages allowed by
paragraph 1, and to deliver their amount im mediately after the deduction, to the
proper collecting office. An order issued against the employer on the basis of section
52a of the sickness insurance law, also extends to the contributions to be collected b y
the sick-fund institution concerned for the invalidity insurance.
e c 143. The collection of contributions for those persons to whom the obligation
to insure according to section 2 extends w ill be regulated b y decision of the Federal
Council.
S .
PAYMENT OF THE CONTRIBUTIONS B Y THE INSURED.
S ec . 144. Persons liable to insurance may pay the contributions in place of the
employers.
The insured person who, on the basis of this provision, has paid the full weekly
contributions has the right to claim from the employer (bound, according to sec. 140,
to pay the contributions) the reimbursement of half the amount; and in cases of sec
tion 34, paragraph 4, and in so far as the insurance in a higher wages class does not
rest on an agreement between the employer and the insured person, the reimburse
ment of half the smaller amount, which the employer has to bear according to the
wages class, is the correct amount to be claimed for the insured person. The claim
exists, however, only in so far as the stamps have been defaced in accordance with the
regulations. The claim is to be brought forward for the wages-payment period con
cerned when those wages are paid. If it is omitted on one pay day, the claim for the
period concerned can only be raised at the next following pay day, in so far as the
insured person, from no fault of his own, has not subsequently paid the contributions
instead of his employer.
,
e c 145. In cases of voluntary insurance (sec. 14), the persons entering into it have
to em ploy the stamps of the insurance institution in whose district they are employed
or, in case there is no employment, at the place where they live. A t the same time
they are allowed to choose the wages-class. If insured persons go abroad, they are
entitled to continue the insurance there; they have thereby to em ploy the stamps of
that insurance institution in whose district they were last em ployed or lived.
Persons who insure themselves voluntarily (sec. 14, par. 1) during an employment
undertaken for wages or salary, and for which they have not been liable according to
section 3, paragraph 2, section 4, paragraph 1, to the obligatory insurance, have the
right to claim from those employers who, if the insurance obligation existed, would be
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OLD-AGE AND INVALIDITY PENSION LAW S-----GERMANY.
995
bound b y section 140 to pay the contributions, the half of the contributions paid in
accordance with section 144, paragraph 2, for the duration of the time of the work.
The employer can in such cases decline higher amounts being reckoned in than would
result from the application of section 34, paragraphs 1 to 3.
CONTRIBUTIONS THAT ARE NOT ADMISSIBLE.
S ec . 146. The subsequent payment of contributions, for an employment entailing
obligatory insurance is inadmissible after the expiration of two years; in so far, how
ever, as the payment of contributions is omitted on account of a tardy settlement of a
disputed obligatory insurance or for other reasons occurring through no fault of the
arties concerned, they are inadmissible after the expiration of four years from the
ate on which they becom e due. Voluntary contributions of a higher wages-class than
the proper one (sec. 34, par. 4) may not be paid for more than one completed year nor
subsequent to the commencement of the incapacity to earn a livelihood (secs. 15 and
16) nor for the further time during which the incapacity to earn a livelihood lasts.
Sec. 147. The fact that stamps are found duly attached in a properly made out
receipt card establishes the assumption that during that number of contributory weeks
for which stamps have been produced a state of insurance corresponding to the pre
scriptions of the law has existed either in consequence of obligatory or voluntary insur
ance. This assumption does not, however, obtain when it is proved that the stamps
have been stuck in after the expiration of a month from the day on which the contribu
tions were due, or that during a calendar year more stamps have been attached than
there are contributory weeks m the same.
S
COLLECTION OP CONTRIBUTION.
Sec . 148. An order can be issued b y the public central authorities or b y the statutes
of an insurance institution with their consent, b y the statutory regulations of a wider
communal union or of a parish with the sanction of the higher administrative authori
ties, w hich deviates from the prescriptions of section 141, paragraph 1, directing that
the contributions for all persons liable to insurance or for certain classes of them can be
collected for the account of the insurance institution b y the following bodies:
(1) B y sick-funds institutions conforming to the laws of the Empire or State, or b y
miners, benefit funds;
(2) B y parish authorities or b y other officials specified b y the public central authori
ties or b y the local-receiving offices to be designated b y the insurance institution;
in the same way regulations may be made in these cases as to the obligation of the
employer to give notice of the employm ent or dismissal of insured persons.
When, in accordance with this provision, the collection of the contributions by
local receiving offices of the insurance institutions has been ordered, the latter are
bound to establish such offices at their own cost at the places specified by the higher
administrative authorities.
The insurance institutions are bound to grant indemnification to be fixed b y the
public central authorities to the sick-funds institutions, to the parish authorities and
to other offices designated b y the public central authorities charged with the collection
of these contributions.
The collection of insurance contributions against sickness can, by determination of
the public central authorities or of the higher administrative authorities with the con
sent of the sick-funds institution, be transferred b y the local receiving offices of the
insurance institutions (par. 1, fig. 2). In these cases the sick-funds institutions con
cerned are bound to contribute to the costs of the receiving offices. Detailed regula
tions on this subject are to be made after taking the opinion of the insurance institu
tions and sick-funds institutions concerned b y the higher administrative authorities.
The public central authorities can settle the authority to be exercised b y the insur
ance institution over the receiving offices in so far as they are not established b y the
insurance institution itself, in order to insure the due fulfilment of their task.
For voluntary insurance (sec. 14) the manner of collection or the contributions can
not be prescribed.
S ec . 149. The public central authorities and the offices designated b y them as com pe
tent can issue further regulations as to the course of procedure of the receiving offices
(sec. 148) in collecting, applying, and accounting for the contributions.
In so far as these regulations do not otherwise prescribe, the contributions w ill be
collected from the employers and the stamps corresponding to the contributions
collected will be stuck on the receipt cards of the insured persons b y the receiving
offices together with the contributions for the insurance against sickness at the time
when they are due; in the case of such insured persons, however; for whom insurance
contributions against sickness are not to b e collected, they w ill be collected at the
996
B U LLETIN OF T H E BUREAU OF LABOR.
times fixed b y the receipt offices. The regulations of section 131, paragraph 2, are
correspondingly applicable on this point.
Sec. 150. If the collection of the contributions is ordered, the public central author
ities or the directorate of the insurance institution may permit certain employers them
selves to collect the contributions of the persons employed b y them b y the application
of stamps in accordance with the prescriptions of sections 140, 141. The receiving
office is to be informed of such permission.
Imperial, state, and communal authorities can undertake the collection of the con
tributions, according to the regulations of section 140, for the persons liable to insur
ance employed b y them. In so far as this takes place information is to be given to the
insurance institution and to the receiving office.
Sec. 151. If the collection of the contributions is ordered, it can, in the same way,
be determined that:
(1) Receipt cards (secs. 134,136) have to be made out and exchanged b y the offices
charged according to section 148, paragraph 1, with the collection of the contributions.
(2) For those insured persons whose employment is restricted b y the nature of the
same or beforehand b y contract to a period of less than one week, half of the contribu
tions devolving on the insured w ill be collected directly from the insured; the other
half devolving on the employers, will, however, be paid b v the wider communal
union or b y the parish, and recovered b y them from the employers.
In these cases the insurance institution has to grant special indemnifications to the
sick funds institutions, to the parish authorities, and to other offices specified b y the
public central authorities charged with the collection of the contributions, and their
amounts are to be fixed b y the pu blic central authorities.
Sec. 152. The measures provided in section 148, paragraph 1; section 151, figure 1,
can also be adopted for the members of a sick fund institution (sec. 166) b y their code
of rules for those insured persons who belong to a sick fund institution established for
works carried on b y the Empire or b y the State, also b y the superior official authorities
of those works.
S e c . 153. The insured person is entitled to deposit the receipt cards with the office
collecting the contributions so long as he is insured in the district of this office. The
public central authorities can, in agreement with the insurance institution, prescribe
th a t s u c h d e p o s its m u s t b e o b lig a to r y . In this case the regulation of section 1 31 , para
graph 2, sentence 2, is applicable.
ROUNDING OFF OF SUMS.
S e c . 154.
If fractions of pfennigs arise in the settlement between employers and
insured, the share falling to the empolyer is to be made a round sum to a pfennig [2 .4
mills] more, and the share falling to the insured person is to be decreased to a pfennig
[2 .4 mills] less.
DISPUTES.
S e c . 1 55.
Disputes between the boards of the insurance institutions on the one
hand and employers or persons specified in section 14 on the other hand, or between
employers and employees, on questions arising as to which insurance institution or in
which wages-class contributions are to be paid, will, in so far as they are not evident
from the course of procedure b y which the amount of the pension is fixed (secs. 112
et seq.), be decided b y the proper lower administrative authorities for the place of
employment (sec. 6 5); and where pension offices exist, b y the chairman of the same.
As a rule, opportunity is to be given to the insurance institution to express its opinion
before a decision is taken. Complaint can be made against the decision b y the inter
ested parties and b y the insurance institution, which has expressed its opinion on
the case, within one month afterwards, to the higher administrative authorities,
which latter give a final decision. The competent authorities are bound to com ply
in such decisions with the principles laid down b y the Imperial Insurance Office.
Disputes on questions of fundamental importance are to be transferred for decision
to the Imperial Insurance Office, if this is demanded b y the insurance institution
within the term allowed for complaint.
If a difference of opinion arises on the question as to which authorities are competent
to decide, the com petency w ill be determined b y the higher administrative authorities
or b y the public central authorities. In so far, however, as several confederated States
come into the question, and in default of agreement among their central authorities,
it will be decided b y the imperial chancellor.
Sec. 156. Disputes among the boards of different insurance institutions as to which
of them ought to receive the contributions for certain persons w ill be decided at the
request of the directorate or of an interested insurance institution, b y the Imperial
Insurance Office.
Sec. 157. In other cases disputes between employers and employees about the
OLD-AGE AND INVALIDITY PENSION LAW S---- GERMANY.
997
calculation and charging of contributions to be paid for the latter or to be reimbursed
to them in the cases under section 140, paragraph 2, and of sections 144, 145, as well
as disputes on claims for compensation in the case of section 140, paragraph 2, w ill be
finally decided b y the lower administrative authorities and, where pension offices
exist, b y the chairman (sec. 155).
S ec . 158. After final decision of these disputes the lower administrative authorities
and, where pension offices exist, the chairman of the same, have officially to see that
contributions short paid are to be provided b y the subsequent employment of stamps.
Excess payments at the request of the insurance institution are to be called in again,
and after destruction of the stamps b y which they are made on the receipt cards, and
after the accounts have been rectified they are to be repaid to the employers and
employees who have advanced the sums for the payment of the contributions.
If it is a question of irregular employment of the stamps of a wrong insurance insti
tution, the stamps of the proper insurance institution, corresponding to the number
of contributory weeks, are to be attached, and the stamps wrongly em ployed are to
be destroyed. The value of the destroyed stamps is to be recovered from the insur
ance institution which issued them, and is to be divided proportionally between the
employers and employees concerned.
Instead of destroying the stamps, the receipt cards can, in cases where the lower
administrative authorities think proper, be called in and new receipt cards can be
made out to which the entries are transferred.
S e c . 1 59 . The costs of the procedure in disputes of the kind specified in sections
155 to 158 are borne b y the Empire when incurred b y the Imperial Insurance Office,
and in so far as they are incurred b y a pension office, b y the insurance institution, and
in other cases b y the confederated State.
The regulation of section 64, paragraph 5, is correspondingly applicable.
Sec. 160. The contributions paid are to be refunded to the parties concerned at their
request even when there has been no dispute, in accordance with sections 155, 156,
when the obligation to insure or the right to voluntary insurance.(sec. 14) has been
finally proved not to exist for the contributory weeks in question.
CONTROL.
Sec. 161. The insurance institutions are bound regularly to see that the payments
of the contributions are made at the proper time and to the full amount.
Employers are bound to give on demand information as to the number of persons
employed b y them, as to the wages and salaries paid, and as to the duration of the
employment to the boards of the insurance institution and their agents as well as to
the other controlling authorities or officials, and to lay before them for inspection
during working hours on the spot the business books or lists from which these facts
are taken. The insured are likewise bound to give information as to the place and
duration of their employment. The employers and the insured are further bound to
deliver, if demanded, to the specified boards, authorities, and officials, against a
receipt, the receipt cards for the purpose of control and of making any necessary
rectifications. They can be compelled to do this b y the local police authorities b y
means of fines up to the amount of 150 marks [$35.70] each.
The insurance institutions are authorized to issue regulations, with the sanction of
the Imperial Insurance Office, for the purpose of this control. The Imperial Insurance
Office can order the issue of such regulations, and, if the order is not complied with
they can issue them themselves. The directorate of the insurance institution, or the
chairman of the pension office, in so far as the control of contributions devolves on
the latter, is authorized to see that employers and insured com ply with these regula
tions in due time, and if not to inflict fines up to the amount of 150 marks [$35.70]
each.
Sec. 162. The costs falling upon the insurance institutions, through this control,
belong to the expenses of administration. When they consist of cash expenditure,
they may b e imposed b y the directorate of the insurance institution, or b y the chair
man of the pension office, in so far as the control of contributions devolves on the latter,
but on the employer if, b y the nonfulfillment of the obligations properly devolving
on him, he has been the cause of their being incurred. Complaint to the higher ad
ministrative authorities against the payment of these costs can be made within two
weeks after the decision given that the employer has to pay them; the decision of
these authorities is final. The payment of costs takes place in the same way as parish
dues are collected.
S e c . 1 63 . Rectifications of the receipt cards are made, in so far as the parties agree
upon them, in the manner given in section 125 b y the controlling boards, b y the
authorities, b y the officials, or b y the offices collecting the contributions; in other
cases they are made after a settlement of disputed points is reached, in accordance
with sections 155 to 157.
998
BULLETIN OP TH E BUREAU OF LABOR.
ADMINISTRATION OF THE CAPITAL.
S e c . 1 64 .
The balances of the insurance institutions must be invested in the manner
specified b y sections 1807 and 18Q8 of the Civil Code. If the insurance institution
has its seat in a federated State, for the territory of which certain securities have
been declared suitable for the investment of funds held in trust for wards (art.
212 of the law for putting the Civil Code into effect), its balances can also
be invested in these securities. The public central authorities of the confed
erated State, in whose territory the insurance institution has its seat, can also
sanction the investment of the balances of the insurance institution in parish loans,
and in loans for the wider communal unions. It can further be similarly ordered that
in investing the capital of the institution, certain interest-bearing stocks of the kinds
permitted b y the foregoing regulations may be acquired only to an amount to be speci
fied more exactly and that regulations may be made as to the safe-keeping o f the
securities. In the case of joint insurance institution, the sanction of the govern
ments concerned is required for this arrangement.
Moreover, in the same way it may be permitted (but subject to repeal) that cash
balances, temporarily in hand, may be invested for a time otherwise than is laid
down in sections 1807 and 1808 of the Civil Code.
The insurance institutions can, with the sanction of the supervising authorities,
invest a portion of their capital in another way than is permitted b y paragraph 1
and especially in landed property. If the insurance institutions wish to invest more
than the fourth part of their capital in this way, they require the sanction of the
Federal Council, besides that of the communal union or that of the central authorities
of the confederated State for which they are established; and when several public
central authorities are concerned and when they can not agree, the sanction of the
Federal Council is also required. Such an investment is,, however, only permis
sible in securities either for the exigencies of the administrative authorities to avoid
loss of capital for the insurance institution or for such organizations which exclu
sively or principally benefit that part of the population liable to insurance. An
insurance institution may not, however, invest more than half of its capital in the
way specified above.
S e c . 165. The insurance institutions are bound to deliver to the Imperial Insurance
Office, in accordance with its detailed directions and within the space which it pre
scribes, summaries*of the results of their business and of their accounts.
The manner and form that the bookkeeping is to take in the insurance institutions
w ill be regulated b y the Imperial Insurance Office.
The financial year is the calendar year.
IV . F in a l , P e n a l ,
and
T r a n s it o r y R e g u l a t io n s .
SICK FUND INSTITUTIONS.
S e c . 166. As sick fund institutions within the meaning of this law are included (if
the regulations in secs. 2 0, 6 2, par. 1, sec. 8 2 , par. 2 , are com plied with), sick fund
institutions, factory, building, and guild sick funds, miners, benefit funds, as well as
the parish sick insurance institution and organizations of a similar kind which have
been established in accordance with the laws of the country.
SPECIAL REGULATIONS FOR SEAMEN.
S e c . 167. Seamen (law of June 13, 1887 (a) ) are to be insured in that insurance insti
tution in the district of which the home port of the ship is situated.
The contributions to be paid for seamen may, in accordance with special regulations
of the insurance institution, be paid b y the shipowners according to the estimated
number of the crews of the single ships as required for the accident insurance of sea
men. Regulations may be made b y the Federal Council deviating from the prescrip
tions of this law as to the course of procedure to be adopted for the payment of
contributions.
For seamen living out of Europe a three months’ term is allowed for applying for
legal redress. This term can be further extended b y the authorities, against whose
decision the legal redress is sought.
The duties of the lower administrative authorities, in so far as seamen are concerned,
can be transferred b y the Federal Council to the sailors, institutes (Seemannsamt).
RECOVERY OF DEBTS.
S e c . 168. Arrears, as well as fines, accruing to the funds of the insurance institution
w ill be recovered in the same way as parish dues. Arrears have the preferential
a Since 1900 this citation has been section 1, paragraph 1, figure 1, of the accident insurance law for
seamen of June 30, 1900.
OLD-AGE AND INVALIDITY PENSION LAWS-----GERMANY.
999
claim mentioned in section 61, figure 1, of the bankruptcy regulations issued on May
20, 1898, and are barred within two years of falling due.
COMPETENT STATE AUTHORITIES.
Sec. 169. The central authorities of the confederated States determined which
unions are to be considered as wider communal unions; and they settle b y what state
or parish authorities or b y what representatives their functions are to be carried out
which, under this law, have been allotted to the state and parish officials,' as also to
the representatives of the wider communal unions.
The regulations issued b y the central authorities of the confederated States, in con
formity with the foregoing regulations, are to be published in the Imperial Gazette.
DELIVERY OP NOTICES.
Sec. 170. Notices which specify the dates when fixed terms expire (Lauf von Fristen)
may be delivered through the post b y means of a registered letter. Certificates of
delivery b y post-office establish, after the expiration of two years from their issue, the
presumption that the notices were delivered within the proper time after their issue.
Persons who do not live in the country can be called upon b y the authorities, who
deliver the notices, to appoint an authorized person to whom the notice can b e deliv
ered. If such a person is not appointed within the time fixed, the delivery can be
replaced b y the public posting o f a notice during a week at the business premises of
the authority, who delivers the notices, or at the offices of the insurance institution.
The same rule holds good when the whereabouts of the receiver are unknown.
EXEMPTION PROM DUES AND STAMPS.
Sec. 171. Exem pted from taxes and stamps are all transactions and deeds in connec
tion with the court of arbitration and other nonlegal negotiations for establishing and
settling the legal relationship between the insurance institutions on the one hand and
the employers or insured persons on the other hand. The same holds good for private
written authorizations and official attestations necessary under this law for the legal
izing or the producing of proofs.
LEGAL AID .
Sec. 172. The public authorities are bound to com ply with the requests reaching
them from the Imperial Insurance Office, from the state insurance offices, from the
courts of arbitration, from the boards of the insurance institutions, and other public
officials, in the execution of this law; and they must also furnish, unrequested, to the
boards of the insurance institutions all information which may be of importance for the
conduct of their business. The same obligation is incumbent upon the boards of the
insurance institutions as regards each other, as well as regards the officials of the
associations for the accident insurance of persons engaged in special trades or pro
fessions ( Berufsgenossenschaften), and in the sick fund institutions.
The expenses incurred through the fulfillment of these obligations are to be refunded
b y the insurance institutions as part of their own costs of administration in so far as they
consist of the daily expenses o f persons employed on official business ( Tagegelder), of
traveling expenses, of fees for witnesses and experts, and of other cash expenditure.
SPECIAL BENEFIT FUNDS.
Sec. 173. The regulations of sections 18 to 23,33,47 to 52, 54, 55, 99,100 to 102,113,
115 to 119,123 to 127, 128 (pars. 3, 6), 156, 165 (par. 1), 171,172, are correspondingly
applicable also to benefit funds authorized b y sections 8, 10, 11.
The guarantor for the services (secs. 68 and 127) devolving on the benefit fund, in so
far as it is established for works carried on b y the Empire or b y a communal union, is
the Empire or the communal union, respectively; in other cases the guarantor is the
confederated State in which the industries for which the benefit fund is established are
situated. If the benefit fund is established for several industries situated in different
confederated States, the guarantee is afforded b y these confederated States in accord
ance with the number of persons insured in the benefit fund who were em ployed in the
said industries at the close of the last financial year. This regulation is correspond
ingly applicable to the cases under section 101.
S ec . 174. The contributions, to be collected according to section 32, paragraph 5,
determine the amount to be furnished b y the benefit funds to the joint capital, as also
the apportionment of the old-age pensions after the coming into force of this law. An
apportionment of the pensions fixed b y benefit fund institutions takes place only when
claim to the same would exist under the prescriptions of this law, and in so far as they
do not exceed the amount of the claim under the laws of the Empire.
1000
BULLETIN OF TH E BUEEAU OF LABOR.
In so far as these benefit fund institutions themselves pay out the pensions fixed b y
them, without the intervention of the post-offices, the imperial grant will be assigned
to them direct at the close of each financial year.
PENAL REGULATIONS.
S e c . 175. Employers can be punished b y the lower administrative authorities if
they state in the documents or announcements to be made b y them under the legal
regulations or in the regulations issued b y the insurance institution incorrect facts, of
which they must be aware, or which they ought to know; in the cases of pension offices,
they can be punished b y the chairman of the same with a fine up to 150 marks [$3 5 .7 0 ],
and b y the directorate of the insurance institution with a fine up to 5 00 marks [$1 1 9 ].
S e c . 1 76. Employers who neglect at the right time (sec. 141) to apply proper stamps
to a sufficient amount for the persons employed b y them, liable to compulsory insur
ance, or who neglect to pay in at the right time insurance contributions (secs. 1 4 8 ,1 4 9 )
can be punished b y the directorate of the insurance institution, and where the control
over the contributions is intrusted to the pension offices, such offenses can be punished
b y the chairman of the same with a fine b y the directorate up to 3 00 marks [$7 1 .4 0 ],
or b y the chairman of the pension office up to 150 marks [$3 5 .7 0 ], No punishment is
inflicted when stamps have been applied at the right time b y another employer or
manager of works (sec. 1 77 ), or in the case of section 144 b y the insured person.
The foregoing regulations are correspondingly applicable to employers who do not
fulfill the obligations devolving on them in accordance with section 4, paragraph 2.
If the employer disputes his liability to contribute, the same is to be fixed in the
way specified in section 155.
Sec. 177. The employer may depute to the authorized managers of his works the
filling in of the documents or announcements required in accordance with legal or
statutory prescriptions.
The name and place of residence of such authorized managers of works, and the
place of collection, are to be communicated to the directorate of the insurance insti
tution, and in cases where the control over contributions is assigned to pension
offices to the chairman of the same. If such an authorized person commits an act,
punishable b y sections 175,176, and 179, the punishments therein provided are appli
cable to him.
Sec. 178. Complaint can be made against punishments imposed b y the officials
of the insurance institutions, or b y the chairman of the courts of arbitration, on the
basis of this law, or of the regulations made for carrying it out, or under the codes of
rules. When the punishments are imposed under section 176, or in other cases b y the
chairman of the pension office, or b y the chairman of the court of arbitration, they are
determined b y the higher administrative authorities in whose district the seat of the
insurance institution, pension office, or court of arbitration is situated; in other cases
they are determined b y the Imperial Insurance Office. The complaint is to be lodged
within two weeks after the punishment has been decreed, with the authorities compe
tent to deal with it, and their decision is final.
The fines imposed b y the offices specified above, as well as b y the administrative
authorities, on the basis of this law, flow into the funds of the insurance institution.
S e c . 179. Whosoever does not com ply with the obligation to report the employment
or dismissal of an insured person which devolves upon him under section 148, will be
punished b y a fine up to 20 marks [$4.76]. If this occurs in the case of a sick fund
institution, the latter receives the fines.
Sec. 180. The employers and their functionaries are forbidden, either b y special
agreement or b y means of the regulations of the works, to entirely or partially contract
themselves out of the application of the regulations oi this law to the prejudice of the
insured, or to restrain them from undertaking or discharging honorary offices assigned
to them under this law. Stipulations of contracts which run counter to this law are
illegal.
Employers or their functionaries who offend against this regulation will be punished
in so far as under other laws no greater punishment is incurred, b y fine up to 300 marks
[$71.40], or b y imprisonment.
Sec. 181. The following persons are liable to the same punishment (sec. 180), in so
far as no higher punishment is incurred under other laws:
(1) Employers who, when paying out wages, fraudulently charge their employees
who are liable to compulsory insurance, with more contributions than are permissible
under section 34, paragraph 4, or section 142; or who neglect to make the deductions
from wages provided for under section 142, paragraph 4, or to fulfill the obligations
resulting from the application of section 52a of the sickness insurance law to the con
tributions of the infirmity insurance.
(2) Functionaries who effect a larger deduction with fraudulent intent.
OLD-AGE AND INVALIDITY PENSION LAW S----- G EEM ANY.
1001
(3) Insured persons, who themselves pay the contribution, when they demand with
fraudulent intent that the employer should refund more than is permissible under
section 34, paragraph 4, sections 144 and 145; when they claim the reimbursement of
the full contribution for the same contributory week from more than one employer;
or when they neglect to apply the proportion of the contribution collected from the
employer to the payment ot the contribution.
(4) Persons who illegally withhold a receipt card from the person entitled to it.
Sec. 182. Employers wno, on the basis of section 142, make deductions from the
wages of persons employed b y them but who do not employ those sums to the purposes
of insurance w ill be punished, in case a higher punishment is not incurred under other
laws, by fines up to 300 marks [$71.40], or b y imprisonment.
Should the application of contributions be omitted with fraudulent intent in order
to enrich oneself or a third party, or to injure the insurance institution or the insured,
the punishment of imprisonment is incurred, in addition to which a fine up to 3,000
marks [$714], as also the loss of civil rights, can be imposed. If there are extenuating
circumstances only fines may be inflicted.
Sec. 183. The penal regulations of sections 175, 176, 179 to 182 are also applicable
to the legal representatives of employers who are themselves unable to attend to busi
ness, and similarly to members or the directorate of a limited liability company, of a
corporation, or of a registered association, as also to the liquidators of a trading company,
of a corporation, or of a registered association.
Sec . 184. Whosoever makes entries or notices on receipt cards which are not allowed
according to section 139, or whosoever falsifies the original printed matter on the receipt
cards, or the words or numbers entered thereon, or knowingly makes use of such a
falsified card, is liable to be fined up to 20 marks [$4.76] by the lower administrative
authority, and, where pension offices are charged with the control of the contributions,
b y the chairman of the same.
If the entries, notices, or alterations are made with the object of describing the holder
of the receipt card to other employers, a fine up to 2,000 marks [$476] or imprison
ment up to six months is incurred. If there are extenuating circumstances, detention
instead of imprisonment may be imposed.
Prosecution for counterfeiting documents only takes place when the falsification has
been committed with the object of enriching the person who committed the offense or a
third party, or of inflicting harm on another person.
Sec . 185. The members of the directorates and other boards of the insurance institu
tions, as well as the officials who supervise them if they without permission publish
business secrets which come to their knowledge in virtue of their office, will be pun
ished b y a fine up to 1,500 marks [$3571 or by imprisonment up to three months.
The prosecution takes place only at the instance of a business man or trader (Betriebs-
untemehmer).
Sec. 186. The persons specified in section 185 w ill be punished b y imprisonment,
in addition to which the loss of civil rights may be imposed, if they intentionally pub
lish business secrets to the detriment of the proprietors of the business with which they
have become acquainted, or if they imitate secret business arrangements or methods
which have come to their knowledge b y virtue of their office.
If they do this in order to enrich themselves or others a fine up to 3,000 marks [$714]
can be imposed in addition to imprisonment.
Sec. 187. Whoever manufactures counterfeit stamps with the object of employing
them as genuine or falsifies genuine stamps with the object of employing them tor a
higher value, or whoever knowingly makes use of counterfeit or falsified stamps, will
be punished with imprisonment of not less than three months, in addition to which loss
of civil rights may be imposed.
Anyone who uses, distributes, or has for sale stamps which he knows or ought to know
have already been used is liable to the same imprisonment. If there are extenuating
circumstances a fine up to 300 marks [$71.40] or detention may be imposed.
A t the same time the stamps are to be confiscated without distinction as to whether
or not they belong to the condemned person. This confiscation must also be ordered
even when a particular person is not prosecuted or condemned.
Sec. 188. Persons who, without the written order of an insurance institution or of
an official, commit the following acts w ill be punished b y a fine up to 150 marks
[$35.70] or by detention:
(1) Whoever manufactures or gives up to bodies or persons other than the insurance
institution, or the proper official respectively, stamps, seals, engravings, plates, or
other molds which could serve for the preparation of stamps.
(2) Whoever undertakes the copying of the stamps, seals, engravings, plates, or
other molds named in figure 1, or whoever delivers copies of the same to bodies or per
sons other than the insurance institution or the proper official respectively.
1002
BULLETIN OF TH E BUREAU OF LABOR.
In addition to the fine or detention, confiscation of the stamps, seals, engravings, or
other molds, without distinction as to whether they belong to the condemned person or
not, can be ordered.
TRANSITORY REGULATIONS.
S ec . 189. W ith insured persons who become incapable of earning a livelihood
within the first five years after obligatory insurance for their particular calling or
trade has come into force, the period of a former employment for which the obligatory
insurance existed, or which has in the meantime been established, will be reckoned
to the necessary period of waiting before a claim to an infirmity pension can be fully
established (sec. 29, par. 1).
This reckoning only takes place, however, when the former employm ent falls
within the last five years before the commencement of the incapacity to earn a liveli
hood, and only when after the time of the coming into force of the obligatory insurance
has existed for the period of at least forty weeks.
Sec. 190. In the case of insured persons who at the time when the obligatory
insurance for their calling came into force have completed the fortieth year of their
life, each full year b y which their age at this time has exceeded the fortieth year, forty
weeks will be reckoned to the period of waiting ( Wartezeit) for the old-age pension
(sec. 29, par. 2), and for the further portion of such a year the further weeks, b u t not
more than forty.
But this reckoning takes place only when such persons have, during the three
immediately preceding years, and in the pursuit o f their calling, had an uninter
rupted employment for which the obligatory insurance already existed or which
has since been established. Proof of this w ill be furnished if within the first five
years after the obligatory insurance for the particular calling or trade has been estab
lished there has existed for a period of at least two hundred weeks an employm ent
entailing obligatory insurance.
Sec. 191. In the cases of sections 189, 190, an illness or the time of military service
falling under section 30, paragraph 2, as well as the time of the previous drawing
of an infirmity pension (sec. 47, par. 4) w ill be considered as equivalent to conditions
of work or service for the time that is to be reckoned up before insurance becomes
obligatory.
The same rule holds good for the periods of at most four months during a calendar
year.
(1) For periods of temporary interruption of a permanent condition of work or
service under a particular employer.
(2) For periods of temporary interruption of an em ploym ent in so far as it concerns
one, which from its nature is accustomed to be temporarily interrupted for some time
every year ( Saisonarbeit).
(3) For spinning, knitting, or similar light domestic work undertaken for gain, such
as in accordance with the customs of the country it is customary that elderly or
weakly persons should perform.
Sec . 192. If less than 400 contributory weeks are proved for the old-age pension,
awarded on the basis of section 190, contributions for the missing weeks of tne wages
class w ill be brought up to an amount which corresponds to the average annual earn
ings of the insured person from work during the three years specified in section 190,
but they must be contributions of the first wages class. If more than 400 contributory
weeks are proved the regulations of section 37 come, ipso facto, into operation.
Sec. 193. Claims to pensions or reimbursements of contributions which are still
unsettled at the time of the coming into force of this law are subjected to the regula
tions of this law in so far as it is more favorable to the persons entitled to a pension.
The nonapplication of these more favorable regulations constitutes a ground for
appeal in the meaning of section 116, paragraph 3.
FORCE OF THE LAW .
S ec . 194. The foregoing regulations, in so far as they relate to the establishment or
modification of the institutions necessary to carry out the infirmity insurance, come
into force on the day of promulgation, but otherwise on January 1, 1900.
, In so far as the codes of rules of an insurance institution or of a special benefit-fund
institution admitted on the basis of sections 5 and 7, have not b y then undergone the
alterations required b y the present law, these alterations will be legally effected by
the supervising authorities b y virtue of their powers.
The imperial chancellor is empowered to publish the text of the invalidity insur
ance law, with the paragraphs numbered in consecutive order through the Imperial
Law Gazette ( Reichsgesetzblatt). Wherever reference is made in imperial or state
laws to the prescriptions of the law of June 22, 1889, the corresponding prescriptions
of this text are to be substituted for them.
OLD-AGE AND INVALIDITY PENSION LAW S---- FRANCE.
1003
OLD-AGE AND INVALIDITY INSURANCE AND RELIEF IN FRANCE.
The law establishing a universal compulsory system of old-age
insurance for French workmen and employees, of which a translation
is herewith presented, was promulgated on April 5, 1910. This act
was adopted by the Senate on March 22, 1910, and by the Cham
ber o f Deputies on March 31, 1910, in both cases almost unani
mously. The parliamentary history of this legislation extends back
nearly twenty years, as since 1890 the subject o f old-age insurance
was under constant discussion in the French legislature, and even
before that the subject was frequently considered.
The French law of July 14, 1905, while officially known as a law
for compulsory relief of aged, infirm, and incurable persons in indi
gent circumstances, established a right to relief on the part o f all
persons over 70 years o f age with incomes under a certain specified
amount. It practically represents a system of invalidity pensions,
as well as o f old-age pensions. As the number o f persons receiving
aid in 1910 under the law o f 1905 exceeded half a million, this law
is seen to be o f considerable importance as a precursor of the com
pulsory old-age insurance system o f 1910.
The acts o f 1905 and 1910 are very closely connected, the new act
extending the sphere o f application of the older act of 1905, leaving
the provision for persons from 65 to 70 years of age during the
transitory period to the older system, so that it is difficult to under
stand the law of 1910 without a knowledge of the law of 1905.
The national system of provision for old age and invalidity as
established under the two acts may be summarized as follow s:
ACT OF 1905.
(1) Obligatory relief to indigent persons either over 70 years o f
age or afflicted with an infirmity or an incurable disease. (2) The
duty o f providing relief is placed upon either the commune or the De
partment or the State according to legal residence for the purposes
o f relief. (3) Two forms of relief, institutional and outdoor. (4)
In case o f outdoor relief, monthly subsidies from 5 to 20 francs (97
cents to $3.86) (over 20 francs in exceptional cases only). (5) Sub
sidies from the Department and the State to the communes and from
the State to the Departments depending upon the economic status of
localities.
ACT OF 1910.
(1) Compulsory insurance for wage-earners and salaried em
ployees in industry, commerce, agriculture, and domestic service, and
optional insurance for independent farmers and producers.
(2)
Equal contributions by employers and employees in case o f compul
1004
BULLETIN OF TH E BUREAU OF LABOR.
sory insurance. (3) A state subsidy o f 60 francs beginning with the
liquidation o f pensions at the age o f 65 in compulsory insurance and
a varying subsidy up to the same limit in voluntary insurance. (4)
Special transitory provisions, namely, special privileges for persons
over 35 years o f age at the time the law goes into effect; they consist
mainly in the increase o f government subsidies to compensate for
smaller pensions from 62 francs ($11.97) to persons 45 years o f age
to 100 francs ($19.30) to persons 65 years o f age. (5) Invalidity
provisions consisting o f anticipated liquidations o f the pensions and
a special subsidy in case o f total disability. (6) Death benefits vary
ing from 150 to 300 francs ($28.95 to $57.90) to the surviving family
in case o f death before liquidation o f the pension. (7) Extension
o f the law o f 1905 to all persons 65 years o f age and over included in
the classes subject to compulsory insurance. (8) Individual accounts
and computation o f pensions on basis o f accumulation. (9) Decen
tralized system. Preservation o f existing nongovernmental institu
tions and formation of new ones under state authorization and super
vision. (10) Capitalization system. Investment o f accumulations
through the government financial institutions and in specified securi
ties, under government control.
The act o f 1905 went into effect on January 1,1907. The date when
the new act o f 1910 goes into effect is not yet known; the act requires
that such date be specified in the general appropriation act o f 1911.
ACT
OF A P R IL 5, 1910, CONCERNING R E T IR E M E N T
W O R K M E N AN D P E A S A N T S .(« )
C h a p t e r I.—
PEN SIONS OF
Constitution of old-age pensions.
A rticle 1. Em ployees o f both sexes in industry, commerce, the liberal pro
fessions, and agriculture, servants, state employees w ho are not covered by the
provisions o f the civil or m ilitary pension systems, and employees o f D epart
ments and communes, shall be entitled to old-age pensions under the conditions
provided in the present law.
A rt . 2. The old-age pension is form ed by ineans o f com pulsory and voluntary
contributions o f the insured, contributions o f the employers, and annuity sub
sidies from the State.
The com pulsory contributions o f the employees, as w ell as the contributions
o f the employers, are determined on the follow in g b a s is :
The annual contributions o f the employees shall be 9 fran cs [$1.74] fo r men,
6 fran cs [$1.16] fo r women, and 4.50 francs [87 cents] fo r m inors under 18
years o f age, or 3 centimes [.579 cent], 2 centimes [.386 cent], and 1J centimes
[.2895 cent], respectively, per w orking day.
The pension shall be purchased on the alienated capital pla n ; nevertheless,
i f the insured should so demand, the payments deducted from his own earnings
shall be made on the reserved-capital plan.
The contribution o f the employer must be borne exclusively by him, and any
agreement to the contrary shall be null and void.
A special adm inistrative regulation shall determine the status o f workmen
who do w ork to order by the piece, by contract, or at home.
A rt . 3. The contributions o f the employees shall be deducted from their wages
by the employer at each pay day.
Each insured person shall receive gratuitously a card o f personal identifica
tion, as w ell as annual cards, on w hich shall be placed stamps w hich show the
®From the J o u r n a l Officiel d e la R S p u b l i q u e F r a n q a i s e of April 6, 1910, p. 2998 and fol
lowing. The law was also published in the Bulletin d e VOifice d u Travail, 1910, p. 391,
O LD -AG E A N D IN V A L ID IT Y
PEN SION L A W S ----- FE A N C E .
1005
com pulsory payments made fo r his account or the voluntary payments made by
himself.
The total amount o f the deduction from the wages and the employer’s con
tribution is represented by one stamp, w hich the employer must attach to the
card o f the insured.
For workmen irregularly employed the com pulsory payments must be made
on a basis o f monthly payments, according to conditions w hich shall be de
termined by a special administrative regulation. These payments must not
exceed the lim its stated in paragraph 3 o f article 2 o f the present law.
The mutual aid societies, the ordinary savings banks, and the other funds re
ferred to in article 14 o f the present law may assume the duty o f depositing
the com pulsory or optional payments o f their members i f the latter so desire.
These institutions may receive in advance the com pulsory payments o f the
insured, on condition that they record them on the cards o f the members with
a special mention.
In such cases the employers receipt fo r their contributions' by attaching a
stamp.
A special adm inistrative regulation shall determine under what conditions the
mutual aid societies and other funds shall prove the deposit o f the contributions
and the deposit o f payments w hich they have been required to make in the
suitors’ fund (caisse des depots et consignations).
Persons who can prove that they are already members o f and pay their dues
to a mutual aid or provident society paying old-age pensions; those who can
prove that they have contracted fo r the purchase or construction o f a cheap
dw elling or fo r the acquisition o f a small piece o f land (field or garden) ac
cording to the provisions o f the law s o f November 30, 1894, A pril 30, 1904,
April 12, 1906, and A pril 10, 1908, shall be authorized to continue to apply to
the same purpose the personal contributions w hich they are required to make
under the present law.
They shall, nevertheless, retain the benefits o f the employer’s contribution
and the supplementary subvention o f the State.
A rt . 4. The annuity subsidy granted by the State is fixed at 60 francs
[$11.58] per annum at the age o f 65.
In order to be entitled to the benefits o f this subsidy, the insured must
prove that he has made at least 30 annual payments reaching, inclusive o f
voluntary contributions, the amount stated in article 2.
I f the number o f yearly payments is less than 30 but m ore than 15, then the
subsidy shall be calculated according to the number o f years o f payment, this
number being m ultiplied by 1£ francs [29 cents].
The tw o years o f com pulsory m ilitary service shall be taken into account in
the determination o f the amount o f the annuity subsidy.
D uring the transitory period the number o f years o f payments required to
give right to the fu ll subsidy o f 60 francs [$11.58] shall, fo r persons at least
35 years o f age or over at the time when the law goes into effect, be equal to
the number o f years w hich shall have elapsed since the law w ent into effect,
provided that such insured persons shall prove that fo r at least three years
prior to the taking effect o f the law they had belonged to the classes enu
merated in article 1.
I f the total amount o f the annual contributions, including the voluntary pay
ments o f the insured, does not reach the total o f the contributions specified by
article 2, then the subsidy shall be subject to a proportionate reduction.
The capitalized value o f the subsidy shall be paid to the account o f the bene
ficiary to the National Old-Age Retirement Fund.
On the other hand, fo r the insured who are over 45 years o f age at the time
this law goes into effect, the annuity subsidy shall be increased to the follow ing
amounts, by special annual appropriations, made part o f the budget o f the
M inistry o f L a b o r :
Age of insured at the time the law goes into effect.
64 to 65 years.
63 to 64 years—
62 to 63 years.
61 to 62 years.
60 to 61 years.
59 to 60 years.
58 to 59 years.
57 to 58 years.
56 to 57 years.
100 francs
98 francs
96 francs
94 francs
92 francs
90 francs
88 francs
86 francs
84 francs
[$19.30]
[$18.91]
[$18.53]
[$18.14]
[$17.76]
[$17.37]
[$16.98]
[$16.60]
[$16.21]
1006
55
54
53
52
51
50
49
48
47
46
45
to
to
to
to
to
to
to
to
to
to
to
BULLETIN OF TH E BUREAU OF LABOR.
56
55
54
53
52
51
50
49
48
47
46
years.
years.
years.
years.
years.
years.
years.
years.
years.
years.
years.
82 francs
80 francs
78 fran cs
76 francs
74 francs
72 francs
70 francs
68 francs
66 francs
64 fran cs
62 fran cs
[$15.83]
[$15.44]
[$15.05]
[$14.67]
[$14.28]
[$13.90]
[$13.51]
[$13.12]
[$12.74]
[$12.35]
[$11.97]
A rt. 5. The normal age for retirement is 65 years.
E very insured person may, after the completion o f 55 years, apply fo r the
anticipated liquidation o f the old-age pension; but in such cases the annuity
subsidy provided for by the State shall also be liquidated at the same age and
reduced proportionately.
The insured persons subject to the provisions o f the transitory period shall
be equally admitted to the benefits o f an anticipated liquidation i f they have
belonged to one o f the classes o f persons enumerated in article 1 fo r at least
five years preceding the liquidation o f the pension, and if during that period
they have paid each year amounts which w ere at least equal to the total
am ount o f the com pulsory payments specified in article 2.
A rt . 6. I f an insured person still subject to the com pulsory provisions o f the
present law shall die before having been provided w ith an old-age retirement
pension, there shall be gra n ted :
First. T o his children under 16 years o f age an amount o f 50 francs [$9.65]
per month during six months i f there are three o r more children ; 50 francs
[$9.65] per month during five months if there are two children ; 50 francs
[$9.65] per month fo r fou r months i f there is only one child.
Second. T o the w idow w ithout children under 16 years o f age 50 francs [$9.65]
per month during three months.
In case o f divorce the same benefits shall be granted to the divorced w ife i f
she has not yet remarried, i f the divorce has been granted exclusively because
o f the torts o f the husband.
W idow s o f French descent o f foreign employees referred to in article 11,
whether w ithout children, or w ith one or several children, shall benefit by the
preceding provisions i f both they and their children becom e naturalized during
the year follow ing the death o f the husband, and in cases in which it applies
under the condition that the naturalization o f children shall take place accord
ing to the provisions o f the last but one paragraph o f article 9 o f the Civil Code
as amended by the law o f June 26, 1889, and by article 1 o f the law o f A pril 5,
1909.
The subventions provided for in the preceding paragraphs shall not be given
to the survivors unless the deceased insured person has paid at least threefifths o f the com pulsory contributions provided fo r in article 2.
A rt . 7. The benefits o f the law o f July 14, 1905, shall be extended to persons
referred to in article 1 from 65 to 69 years o f age at the time the law goes into
effect and recognized as admissible to the gratuities o f the relief law o f 1905;
but the amounts granted to them in this w ay shall be lim ited to one-half o f the
gratuities granted by the operation o f that law, and shall be borne exclusively
by the State.
Nevertheless the amounts allow ed each year shall not exceed 100 francs
[$19.30].
A public adm inistrative regulation shall determine the special conditions
under w hich shall be prepared the lists o f beneficiaries under the present article,
as w ell as the com position and the functions o f the special commissions charged
w ith the duty o f determining these gratuities and other relief.
A rt . 8. Beneficiaries o f article 1 shall retain the advantages granted by
article 20 o f the law o f July 14, 1905.
The pensions acquired by the contributions o f the employees and those o f the
employers shall be considered as being derived from savings, and the am ount
o f such pensions shall be calculated as i f all the contributions had been made
under the alienated capital plan.
A rt . 9. Exclusive o f those cases w hich are regulated by the law o f April 9,
1898, insured persons who have received grave injuries or suffer premature
infirmity leading to absolute and permanent disability, w ithout any intentional
fau lt o f their own, shall be entitled to an anticipated liquidation o f their pension
Digitized forwhatever
FRASER may be their age.
OLD-AGE AND INVALIDITY PENSION LAW S— FKANCE.
1007
The determination o f this disability shall be made according to conditions
and form s prescribed by a public administrative regulation.
The liquidation pension shall be subsidized by the State under the conditions
determined by this regulation, by means o f special credits made annually for
this purpose in the general appropriations act, but such subsidy must not exceed
60 fran cs [$11.58] per pension, nor shall it increase the pension to m ore than
three times the liquidated amount or increase it beyond 360 francs [$69.48],
inclusive o f the subsidy.
A rt. 10. Agents, employees, and workmen o f the large railroad companies of
general importance and of the administration o f the state railways, workmen
and employees in mines, and enlisted seamen shall remain, respectively, subject
to the special legislation which applies to them.
The same shall hold true o f agents, employees, and workm en o f secondary
railroads o f general importance, o f local railways, and o f tramways. Never
theless if the arrangements made in their favor by the operating companies,
contained in agreements entered into between the companies and the State
or the Departm ents or communes interested and approved by the ministers
o f public w orks and o f the interior, given after consultation w ith the minister
o f labor, do not assure them a pension at least equal to that resulting from
the present law, then this law shall be applicable according to conditions w hich
shall be fixed by a decree agreed upon by the minister o f finance, the minister
o f public works, and the minister o f labor.
The retirement funds and the retirement regulations instituted fo r the
benefit o f state employees w ho have not been placed under the general civil
or m ilitary pension laws, and for the employees o f the Departm ents and com
munes, may be maintained by decrees issued upon the recommendation o f the
ministers o f labor and o f finance and o f the competent minister.
New funds or new retirement regulations may be instituted under the same
conditions.
Em ployees w hose annual remuneration exceeds 3,000 fran cs [$579] shall not
be subject to the obligations o f the present law. Those w hose annual remu
neration attains 3,000 francs [$579] shall be taken off the list o f insured, but
they shall retain their acquired rights.
A rt. 11. Foreign employees w orking in France are subject to the same condi
tions as French workmen.
Nevertheless they shall not benefit by the employers’ contributions and the
subsidies or increases derived from budgetary appropriations, unless treaties
with the country o f their origin shall guarantee to French citizens equivalent
advantages.
A s long as the preceding paragraph does not apply, the contributions o f the
em ployers shall be turned into a reserve fund. The contributions o f the em
ployers in the case o f French workmen whose retirement pension has already
been liquidated shall likewise revert to the reserve fund.
H eads o f establishments who have organized in their establishments retire
ment funds as authorized in article 19 shall be required to pay to the reserve
fund that part o f the employer’s contribution which belongs to such o f their
employees who, by the application o f the tw o preceding paragraphs, can not
benefit from such contributions.
A rt. 12. The schedules o f rates fo r computations o f pensions shall be de
termined fo r each o f the funds referred to in article 14, according to conditions
prescribed by a public administrative regulation issued on recommendation o f
the ministers o f labor and o f finance, after consultation with the superior
council o f workm en’s retirement pensions, according to the rates o f interest on
investments fo r each fund and provisionally, according to the table o f m ortality
o f the National Old-Age Retirement Fund.
The rate o f interest shall be graded in tenths.
Decrees issued upon recommendation o f the ministers o f labor and o f finance
shall establish, on the ba'sis o f statistics collected by the minister o f labor, new
m ortality tables fo r the old-age pensions regulated by the present law, as well
as special m ortality tables fo r the liquidation o f the anticipated invalidity
pensions.
The schedule o f rates shall not provide fo r prorating in case o f death. They
shall include only entire years, and the contributions shall be considered as
made by the persons concerned at the age which they w ill attain during the
course o f the year in w hich the payments are received by the insurance
institution.
The schedule o f rates shall not contain any charges fo r the cost o f administra
tion o f the different institutions; this shall be provided by an assessment on
64181°— No. 91—11----- 10
1008
BU LLETIN OF TH E BUREAU OF LABOR.
each insured person on whose account any transaction, either o f receipts or dis
bursements, has been made during the year.
This assessment shall in clu d e:
First, a charge o f 5 per cent fo r the expense o f collecting and transmitting
the funds to the insurance in stitu tion ;
Second, an assessment o f 1 fran c [19.3 cents] fo r the operation o f the oldage insurance.
This shall be paid each year by means o f the reserve fund referred to in
article 16, and secondly by means o f an appropriation in the budget o f the
minister o f labor.
The savings banks, mutual aid societies, and the unions w hich shall be
permitted by the ministers o f labor and o f finance to undertake the collection
o f the contributions fo r one o f the funds referred to in article 14, in accord
ance w ith conditions determined by a public adm inistrative regulation, shall
be subject, as fa r as these collections are concerned, to the financial control
o f the minister o f finance.
A rt. 13. W hen the pension in course o f acquisition exceeds 180 francs [$34.74],
the insured person may at any time, after a m edical examination, obtain the
capitalized value o f the surplus, either fo r the purpose o f life insurance, or
fo r the purchase o f a piece o f ground or o f a home w hich shall become exempt
from assignment or execution in accordance w ith the conditions prescribed
by the law s governing the exemption o f fam ily property.
A rt. 14. The individual accounts o f the insured persons shall be opened,
according to their choice, in one o f the follow in g fu n d s :
First, the National Old-Age Retirement Fund, w hose affairs shall continue to
be guaranteed according to the conditions o f the law o f July 20, 1886, by
the suitors’ fund ( caisse des d£pdts et consignations) under the control o f the
supervisory commission placed over this fund, and w hich fund shall open on
its books a special section fo r the operations under the present la w ;
Second, mutual aid societies or unions o f such societies under the conditions
specified in article 17;
Third, departmental or regional retirement funds to be established by decree,
and administered by executive committees composed as fo llo w s : One-third o f
representatives o f the Government, one-third o f representatives elected by the
insured, and the last third o f representatives elected by the em p loyers;
Fourth, establishment retirement funds, or retirement funds o f trade asso
ciations ;
Fifth, funds o f the guarantee syndicates, w hich bind together employers for
insurance o f retirement pensions;
Sixth, retirement funds o f occupational unions.
The funds enumerated in the last five paragraphs above are placed under the
authority o f the minister o f labor. They are granted the rights o f a civil
person and are subject to the financial control o f the minister o f finance,
according to conditions which shall be determined by a public administrative
regulation. Their funds shall be placed in investments as described in the
follow in g article.
Each fund shall during the first h a lf o f each year furnish the insured w ith
out charge w ith a statement indicating the total amounts o f com pulsory and
optional payments received during the preceding year, as w ell as the total
amount o f the old-age pension maturing at 65 w hich the insured person has
accum ulated by December 31 o f the preceding year.
A rt. 15. F or the purposes o f application o f the present law, the financial
management o f the various institutions enumerated in the preceding article is
confided to the suitors’ fund ( caisse des depots et consignations), which shall,
w ithout compensation, effect the investment o f these funds against a simple
reimbursement o f the duties and brokerage in purchase or sale o f securities.
A public adm inistrative regulation issued on advice o f the minister o f finance
and the minister o f labor, after consultation w ith the supervisory commission
o f the suitors’ fund ( caisse des dtipdts et consignations) shall prescribe the
methods o f conducting these financial operations.
Investments shall be made as fo llo w s : First, in state or state^guaranteed
securities; second, in securities o f Departments [P rovin ces], communes, colonies,
protectorates, public establishments, chambers o f commerce, or in securities o f
the Credit Foncier protected by land mortgages or communal secu rities; third,
upon a favorable opinion o f the superior council o f workmen’s pensions pro
vided fo r below, and not m ore than one four-hundredth, in the purchase o f
uncultivated land fo r purpose o f reforestation, or in the purchase o f existing
forests; fourth, upon favorable opinion o f the superior council o f workm en’s
OLD-AGE AND INVALIDITY PENSION LAW S— PRANCE.
1009
pensions and up to one-tenth in loans to institutions enumerated in article 6 o f
the law o f A pril 12, 1906, and to institutions o f providence and social hygiene
recognized as o f public utility, or in mortgages upon workm en’s homes or w ork
men’s gardens, as w ell as in obligations o f societies fo r cheap dwellings, created
in conform ance w ith the law o f A pril 12, 1906.
Am ounts n ot so invested shall be deposited as open accounts in the treasury,
w ithin the lim its o f a maximum deposit and at a rate o f interest determined
annually in the budget. Investments shall be made in accordance w ith the
designation o f each class o f fund. The suitors’ fund ( caisse des d£p6ts et
consignations) can not decline to execute the orders o f a purchase or sale given
by the funds referred to in Nos. 2 to 6 o f the first paragraph o f the preceding
article, except to revise these articles into parts i f it is necessary, according to
the situation o f the market, and unless there is advice to the contrary from the
permanent section o f the superior council o f workm en’s pensions when orders
fo r sales are concerned.
A bt. 16. The reserve fund referred to in articles 11 and 12 is constituted:
First, by payments referred to in article 11;
Second, by fines referred to in article 23 and payments o f record fees referred
to in the same article;
Third, by retention o f payments due to pensioners through application o f the
five years’ lim itation in accordance w ith article 2277 o f the Civil C od e;
Fourth, by the uninvested portion o f the revenue referred to in article 4 o f the
law o f Decem ber 31, 1895;
Fifth, through donations and legacies w hich m ay be made to the State fo r the
benefit o f this fund.
T his reserve fund is deposited w ith the suitors’ fund ( caisse des d£pdts et
consignations), w hich invests it in accordance w ith the conditions referred to
in the third paragraph o f article 15, and its uninvested funds are comprised
w ithin the maxim um mentioned in the last but one paragraph o f the said
article. A ny deductions from this fund referred to in article 12 are made by
order o f the minister o f labor.
Chapter II.— Pensions insured by mutual aid societies, departmental and
regional funds, and establishment or trade association funds, guarantee syndi
cates, and occupational unions.
A rticle 17. Every mutual aid society or union o f m utual aid societies,
whether free or approved, w hich has been previously granted this right by decree
issued upon recommendation o f the minister o f labor and the minister o f
finance, shall be permitted to insure their members directly fo r the retirement
pensions provided in this law. These pensions shall receive the benefit o f all
the advantages w hich have here been specified.
Such authorization shall not be refused to societies or unions unless they fa il
to com ply w ith the general conditions specified by a public adm inistrative regu
lation issued upon recommendation o f the ministers o f labor and o f finance.
I f such authorization is not granted w ithin three months after application,
an appeal m ay be made to the council o f state, but w ithout counsel and w ithout
any legal procedure. Such authorization can not be recalled except by decree
issued upon recommendation o f the permanent section o f the superior council
o f workm en’s pen sion s; appeal against such recall m ay be had to the council o f
state under the conditions specified above.
The amounts deposited by these societies w ith the suitors’ fund ( caisse des
d6p6ts et consignations) fo r the purpose o f executing the requirements o f the
present law shall form a pension fu nd w hich is distinct and alienable, and the
societies shall not benefit because o f these deposits either in the state subsidy
granted by the law o f A pril 1,1898, or in the benefit o f the rate o f interest given
by the budget law o f M arch 31,1903.
A rt. 18. Independently o f the subsidy provided fo r by article 12, mutual aid
societies shall receive from the State an annual subsidy o f 1$ francs [29 cents],
reduced to 75 centimes [14 cents] fo r insured persons under 18 years o f age,
w hich shall be used fo r deducting a sim ilar amount from their sick-insurance
dues. H owever, this subsidy shall not be granted i f the am ount contributed by
the insured against sickness is less than 6 francs [$1.16] or less than 3 francs
[58 cents] fo r insured persons under 18 years o f age.
Trade unions w hich establish a sick insurance fund and an invalidity and
old-age insurance fund, regulated by the law o f A pril 1, 1898, under the condi
tions imposed by article 19 o f the present law, shall receive advantages stipu
lated in the preceding paragraph.
A rt. 19. A public adm inistrative regulation, issued upon the recommendation
1010
BULLETIN OF TH E BUREAU OF LABOR,
o f the ministers o f labor and o f finance, shall determine the conditions o f
organization and operation o f the departmental or regional funds, establish
ment funds, trade association funds, funds o f m utual guarantee syndicates, and
funds o f occupational unions referred to in article 14.
A decree issued upon the recom mendation o f the m inisters o f labor and o f
finance shall authorize the organization o f each fund.
The employers and the employees w ho are members o f establishment funds
or guarantee syndicate funds referred to in this article m ay be relieved by the
same decree w hich authorizes the organization from the contributions referred
to in article 2, upon condition that the pensions paid by them shall be at least
equal to those w hich may be obtained during the same period in virtue o f the
present law.
They shall in all cases be relieved from the duty o f attaching the stamps
referred to in article 3 o f the present law.
I f the establishment funds or trade association funds receive from the
em ployers payments in excess o f the contributions required by article 2, they
shall be required to capitalize in the individual account o f each employee only
that part o f the payments w hich corresponds to th e com pulsory contribution,
and they may utilize the surplus either for the purpose o f establishing the
reserves or fo r granting supplementary benefits to the beneficiaries or to their
fam ilies, according to conditions specified in the approved constitution.
Em ployees can not bind themselves to membership in an establishment or
trade association fund fo r a longer period than that during w hich they are
employed in the establishment affiliated w ith the fund, or in one o f the estab
lishments affiliated w ith a trade association fund.
Independently o f the investments referred to in article 15, the assets o f es
tablishment funds or trade association funds referred to in the present article
may be placed in loans, guaranteed by first mortgages, upon the real estate
belonging to those establishments to w hich the said funds appertain, but only
up to one-half o f the actual value o f that real estate.
A ll the documents relating to loans w hich are referred to above shall be exempt
from stamp duties, registry duties, or any other charges.
If, in consequence o f the authorization o f an establishment or a trade asso
ciation fund in virtue o f the present law, there are transferred to this fund
either sums o f money or securities subject to transfer taxes or to any other
charges, this transfer shall be exempt from above duties or charges.
The syndicates o f mutual guarantee shall be subject to the provisions o f the
present article. Independently o f the investments permitted by article 15, their
funds may be invested up to one-third in real estate located in France, and up
to one-tenth, which is to be included in the one-third above referred to, in
industrial partnerships or in loans to industrial enterprises o f known solvency
and having their headquarters in France.
A rt. 20. The decrees referred to in articles 17 and 19 shall determine the
method o f liquidation o f any rights o f the beneficiaries by transfer o f the corre
sponding m athematical reserve to another institution o f the classes enumerated
in the present law when a certain institution ceases its operations in granting
workm en’s pensions.
In case the injured person declares his intention to leave the fund to w hich
he belongs fo r the purpose o f affiliating w ith another, there shall not be an
im mediate transfer. This operation is deferred until the time when the pen
sioner comes into the receipt o f the pension. A t that tim e the fund w ith w hich
the insured is affiliated shall receive from each o f the other funds the mathe
m atical reserve belonging to the portions o f the old-age pension w hich have
been acquired in the other funds.
A s fa r as concerns the employees and workmen o f the State who are covered
by retirement regulations other than those o f civil or m ilitary pensions, and
who leave the service in advance o f the liquidation o f the pension, a public
adm inistrative regulation, issued upon the recommendation o f the ministers o f
labor and o f finance and o f the m inister o f the Department affected, shall deter
mine, in an analogous manner, method o f liquidation a t the expense to the
State, o f the m athematical reserve o f the pension in course o f acquisition.
C hapter I I I .— G eneral provision s .
21. The annuities and subsidies acquired in virtue o f the present law
shall not be subject to assignment or execution except fo r the benefit o f public
medical institutions and sim ilar institutions, fo r the payment o f the cost o f
treatment o f the beneficiary o f said annuity w ho had been adm itted to the
h osp ita l; but the last exception shall not apply to the benefits granted in case
o f death.
A rt.
OLD-AGE AND INVALIDITY PENSION LAW S— FRANCE.
1011
A rt. 22. Certificates, notarial acts, and any other documents exclusively relat
ing to the administration o f the present law, shall be given gratuitously and
shall be exempted from any stamp or registry duties. A decree shall regulate
the postal rates applicable to mail addressed to or received by the National OldAge Retirem ent Fund or any other fund referred to in article 14, fo r the purpose
o f carrying out this law.
In case o f controversies which arise in the administration o f this law and
w hich shall be referred to civil tribunals, a summary and expedited procedure
shall be used.
Appeals to the council o f state against ministerial decrees, concerning claim s
relating to gratuities under the present law, shall be made w ithout the services
o f an attorney and shall be w ithout cost.
A rt. 23. The employer or the insured person who is responsible fo r the failure
to attach the stamps as prescribed by the present law, shall be subject to a fine
equal to the paym ents omitted, w hich shall be im posed by the police ju stice
regardless o f the amount, w ithout prejudice to his condemnation by the same
judgm ent to the payment o f the amount representing the contributions due,
w hich shall be placed to the individual account o f the insured person.
The fine shall be paid into the reserve fund. The employer who w as unable
to attach the stamp as prescribed m ay relieve him self o f his obligations by pay
ing the am ount due at the end o f each month, directly or by mail, to the clerk
o f the ju stice o f the peace, or to an institution recognized by law w ith w hich the
insured person is affiliated.
Every three months the clerk o f the court shall deposit the amounts thus ren
dered to him w ith the suitors’ fund ( caisse des depots et co nsig n a tion s).
A rt. 24. The follow in g shall be liable to a fine o f 100 to 2,000 fran cs ($19.30
to $386) and to im prisonment from five days to tw o m onths:
First. The executive officers, directors, or managers o f all societies and insti
tutions w ho shall receive payments prescribed by the present law w ithout having
been authorized to do s o ;
Second. The executive officers, directors, or managers o f all organizations
referred to in Chapter II, in case o f fraud or o f intentional false declaration
iu collections or in any other act w ithout prejudice to the w ithdraw al o f the
authorizations or agreements referred to in articles 17 and 19;
Third. The insured or any other person responsible fo r the disappearance o f
the annual cards having the stamps duly attached.
A rticle 463 o f the Penal Code and the law o f M arch 26, 1891, shall apply in
cases referred to in this article.
A rt. 25. The minister o f labor shall organize the statistics o f all operations
under the present law, and shall state its resu ltf in an annual report w hich shall
be addressed to the President o f the Republic and w hich shall give an account
o f the general application o f the law.
T his report shall be published in the Journal Officiel, and distributed in both
legislative chambers.
A rt. 26. There shall be organized, under the minister o f labor and under his
presidency, a superior council o f workmen’s pensions, charged w ith the duty o f
exam ining all questions pertaining to the operation o f the present law.
This council shall consist o f 2 senators and 3 deputies elected by their col
leagues ; 2 councilors o f state elected by the council o f sta te; 4 delegates from
the superior council o f mutual aid societies; 2 delegates from the superior
commission o f savings ba n k s; 4 delegates from the superior council o f labor, o f
whom 2 shall be elected by the representatives o f employers and 2 by the repre
sentatives o f the workmen, and o f the last 2, 1 shall be a wage-earner and 1 a
salaried em ployee; 2 members selected by the superior council o f commerce and
industry, 1 from the employers and 1 from the em ployees; 2 members selected
by the superior council o f agriculture, 1 from the employers and 1 from the
wage-earners or salaried employees o f agricultural establishm ents; 1 executive
officer from the departmental or regional funds, nominated by the minister o f
la b or; 2 persons known as experts on provident institutions, and designated 1
by the m inister o f labor and 1 by the minister o f finance; 2 fellow s o f the
French Institute o f Actuaries, designated by agreement o f the m inister o f labor
and the minister o f finance.
The preceding members shall be appointed fo r three years. The follow in g
shall be ex-officio members o f the cou n cil: The director-general o f public ac
counts in the M inistry o f Fin an ce; the director o f insurance and social provi
dence in the M inistry o f L a b or; the director-general o f the suitors’ fund (ca isse
1012
BULLETIN OP TH E BUREAU OP LABOR.
des d6p6ts et consignations) ; the director o f the general movement o f public
funds and the chief o f the service o f general inspection in the M inistry o f
F in an ce; the director o f mutual institutions in the M inistry o f Labor.
The council elects its tw o vice-presidents. It shall meet at least once each
six months.
I t shall select a permanent committee consisting o f :
First, 11 members selected from its own number, o f whom 1 shall be a sen
ator, 1 a deputy, 1 a councilor o f state, 1 a delegate from the superior council
o f mutual aid societies, 2 employers, 1 wage-earner and 1 salaried employee
o f industry and commerce, 1 an agricultural proprietor, 1 an agricultural wageearner, and 1 an actuary.
Second, the ex-officio members.
The permanent committee shall give its advice upon questions w hich shall
be referred to it either by the superior council or by the minister o f labor.
A rt. 27. The present law shall go into effect after the period specified by the
appropriations act o f 1911, w hich w ill include appropriations necessary fo r its
operation, and after the lapse o f at least three months from the publication o f
the various adm inistrative regulations in the Journal Officiel.
Chapter IV.— T ra n sitory p ro vision s .
A rt. 28. Pensions already acquired by any right whatever in virtue o f con
tracts, and which form an obligation o f the employer, shall be paid as hereto
fore, in accordance with the individual regulations o f the establishment.
A rt. 29. As soon as the present law goes into effect retirement funds which
are provided by employers and provident funds previously established by
employers in cooperation with workmen and salaried employees, and which
shall not have obtained the authorization provided for in article 19, shall
operate exclusively for fulfillment o f obligations previously entered into by
these funds, both as far as the pensions already acquired are concerned, as
well as those annuities and retirement pensions which are in the course o f
acquisition.
However, i f the payments o f the employees and the contributions o f the
em ployers to the provident funds are not equal to the amounts specified by
article 2 above, these shall be increased, unless the retirement pensions assured
are higher than those w hich might be obtained in virtue o f the present law.
A rt. 30. The capital value o f annuities w hich are an obligation upon either
employer or provident funds may be paid by them, either as a w hole or in
successive fractions, to ‘the National Old-Age Retirem ent Fund, w hich must in
such cases enter in the individual accounts o f all those entitled to them the
annuities corresponding to such'Capital, computed according to the rules speci
fied in the law s regulating this fund, and must render the payments when the
age is reached fo r liquidation o f these pensions.
A rt. 31. I f the funds have been organized by cooperation o f workmen and
salaried employees, the persons interested shall be called upon w ithin six
months to decide upon the measures to be taken in regard to the obligations
incurred and the method o f obtaining the resources necessary.
In case the employers on one hand and the m ajority o f workmen and
salaried employees on the other fa il to com e to an agreement, the tw o parties
may decide that the measures to be taken and the determination o f the pay
ments shall be referred to the arbitration commission organized in accordance
w ith article 32.
I f the employers and the majority o f workmen and salaried employees can
not come to an agreement within the period of six months above mentioned,
either as to the measures to be taken or as to the appeal to the arbitration
commission, then the courts shall, at the request o f the most diligent party,
appoint a liquidator charged with the duty o f effecting the liquidation o f the
provident fund to the best interests o f all persons concerned.
The report o f the liquidator shall be submitted fo r confirmation o f the court.
A rt. 32. The arbitration commission referred to in article 31 shall consist o f
7 permanent members, appointed as fo llo w s : T w o by the superior com m ission
o f the National Old-Age Retirement F u n d; 2 by the superior council o f old-age
pensions, referred to in article 26 o f the present la w ; 2 by the court o f appeals
o f Paris, selected from among the councilors o f the c o u r t; 1 from the court o f
accounts, selected from am ong the councilors o f the court.
The commission shall elect its president and secretary ; its headquarters shall
be w ith the M inistry o f L a b o r ; its services shall be given gratuitously.
The number o f members o f this arbitration commission shall be increased
to
OLD-AGE AND INVALIDITY PENSION LAW S— FRANCE.
1013
9 by adding in each case 2 members, designated 1 by the em ployers and 1 by
the m ajority o f workmen and salaried employees.
The procedure shall be w ithout expense o f any sort. A ll papers and docu
ments o f any kind which must be produced shall be exempt from any stamp
duties and registry charges.
A rt. 33. Controversies which may arise in the execution o f the present law
and which shall be brought before civil tribunals shall be settled by summary
and expedited procedure.
The beneficiaries o f the law shall obtain as a matter o f right legal assistance
before the courts o f first instance.
A ll papers and documents w hich shall be necessary shall be free from stamp
duties and registry charges.
Persons concerned, who are acting collectively, shall be represented by a
person selected by them by a m ajority vote w ithout prejudicing the right o f
any one o f them to intervene as an individual.
A rt. 34. A public administrative regulation shall determine the procedure to
be follow ed in the introduction, examination, and settlement o f the matters
referred to in the arbitration com m ission; the number, the mode o f selection,
and the qualifications o f the commissioners to assist in the exam ination; the
method o f nomination o f the representative referred to in article 33.
A rt. 35. Any violation o f the provisions o f articles 28 and 29 shall be punish
able by a fine o f from 16 to 200 francs [$3.09 to $38.60]; in case o f bad faith,
the amount o f penalty may be increased to 500 francs [$96.50],
A rticle 463 o f the penal code and the law o f March 26, 1891, are here
applicable.
C hapter V.— Pensions of share tenants, cash tenant#, independent farmers,
artisans, and small employers.
A rt. 36. Cash tenants, share tenants, independent farmers, artisans, and
small em ployers w ho habitually w ork alone, or w ith one hired workman, or
w ith members o f their own fam ily, whether hired fo r pay or not, but living w ith
them, and w ho w ish to accum ulate an old-age pension, or to insure one o f the
members o f their fam ilies, shall be admitted at their own request to the benefits
o f a retirement pension at the age o f 65, and to the benefits o f the provisions o f
article 18, when such apply, by making payments to one o f the institutions
described in article 14 and under the conditions enumerated in the follow ing
pa ragraph s:
For cash tenants, independent farmers, artisans, and small employers, the
total annual payments shall be at least 9 francs [$1.74] fo r each insured person
and not more than 18 francs [$3.47]. For share tenants the annual payments
shall be not less than 6 francs [$1.16] per annum ; these carry w ith them the
right to the payment o f a similar sum by the proprietors up to a maximum o f
9 fran cs [$1.74].
These payments shall be subsidized by an increase granted each year by the
State to the account o f the person concerned, in the form o f alienated capital ;
this increase shall be equal to one-third o f the payments made.
The right to this increase shall discontinue when the annuity, which would
result at the age o f 65 from the increases made before, has reached the amount
o f 60 fran cs [$11.58], or when the beneficiary ceases to be a member o f one o f
the classes enumerated in the present article.
The provisions o f the preceding paragraphs are extended, first, to w ives and
w idow s o f persons insured under Chapter I and Chapter V i f they are not
earning any w a g e s; and second, to employees whose annual salary is over 3,000
francs [$579], but not over 5,000 francs [$965].
Independent farm ers, artisans, and small em ployers over 40 years old at the
time the present law goes into effect, who shall begin their payments from that
time and w ho fo r at least three years have been members o f the classes
enumerated above, shall receive, in addition to the pension acquired by their
own payments and by the regular increases o f one-third, a supplementary sub
sidy, w hich shall be equal to the pension resulting from an annual payment
9 fran cs [$1.74] from the age o f 40 up to their age at the tim e the law went
into effect.
Share tenants over 40 years o f age at the tim e the present law goes into effect,
who after that date shall make payments equal to those w hich are prescribed in
article 2, shall receive the annual subsidy specified by article 4 fo r persons sub
ject to the com pulsory insurance.
The same shall hold true o f cash tenants o f the same age w ho have complied
w ith the same conditions and made the double payment provided fo r in article 2,
Of
1014
BULLETIN OF TH E BUREAU OF LABOR.
provided that the am ount o f the rent o f their farm does not exceed 600 francs
[$115.80].
I f the minimum annual payments enumerated in paragraph 2 o f the present
article shall not have been made during the entire number o f years, as provided
in the preceding paragraphs, then the additional subsidy shall be reduced in
the same proportion as the number o f years o f payment.
The benefits described in articles 6, 8, and 9 o f the present law shall be ac
corded to persons enumerated in the present article, who, from the time the
law goes into effect, or from the time they reach the age o f 18 years, shall each
year have paid to one o f the institutions referred to in article 14 the minimum
contribution o f 9 francs [$1.74].
A rticle 7 o f the present law is extended to persons referred to in the second
paragraph o f this article. In addition, fo r those persons concerned during the
transitory period w ho shall at the age o f 65 years be qualified to enjoy the
benefits o f the law o f assistance, the state subsidies shall be equal to that o f
a subsidy granted to persons o f the same age under the com pulsory insurance,
provided that the voluntary payments o f the persons concerned have been 18
fran cs [$3.47] fo r each year w hich has elapsed since the present law w as put
into effect.
Persons voluntarily insured and described in the present article, who employ
paid helpers, whether or not belonging to their fam ily, shall be held liable, as
fa r as these employees are concerned, to the com pulsory contributions o f em
ployers such as are fixed by article 2 above.
A rt. 37. I f an insured person shall consecutively belong to the classes under
Chapter I and under article 36, then the annuity subsidy provided fo r in article
4 may be increased by the pension resulting from the annual increases as per
article 36, but only up to the am ount specified in article 4.
In case an insured person described in the preceding paragraph has to his
credit a number o f years o f com pulsory payments less than 15, there shall be
attributed to him fo r each o f these years a complem entary pension equal to that
amount, w hich would be produced by the increase to his com pulsory payments
and the employers’ contribution s; but this additional pension am ount shall not
exceed 1£ fran cs [29 cents] per annum, and provided that the total number o f
years o f payment under the conditions o f articles 4 and 36 shall not be less than
15. I f he has to his credit a number o f com pulsory annual payments over 15,
but less than 30, he may com plete the last number by years o f voluntary pay
ments, in conform ance w ith article 36, so as to obtain the benefits provided for
in article 4.
The insured persons described in article 36 who are over 35 years o f age at
the tim e this law goes into effect, and who subsequently are classed in the
category o f insured persons included in Chapter 1, and who shall make com
pulsory annual payments reaching at least three-fifths o f the am ount stated in
article 2, shall be submitted fo r these years o f payment to the provisions o f
the fifth and sixth paragraphs o f article 4 ; but the annuity subsidy, together
w ith the increases and subsidies o f article 36, shail n ot exceed the amount pro
vided fo r in article 4.
C hapter V I .— M iscellan eou s provisions.
A rt. 38. Loans to be repaid later m ay be made to the departmental or
regional funds fo r the purpose o f the administration o f the present law, to
enable them to cover the expenses o f first organization. The repayment o f
these advances shall be made w ithin a period o f tim e not exceeding fifteen
years, in equal annual payments computed at the rate o f interest governing
each departmental or regional fund during the first year o f its operation.
The decrees provided for in article 19, w hich shall authorize the departmental
or regional funds to begin operations in providing retirement pensions, shall
determine fo r each o f these funds the maximum o f the above-named repayable
loans.
A rt. 39. The fifth paragraph o f article 3 above shall apply to the national
postal savings bank fo r the collection o f com pulsory or voluntary payments o f
members, i f the latter so request.
A rt. 40. Naturalized foreigners shall have no right to the benefits under
articles 4, 7, and 36 of- the present law unless they w ere naturalized before the
age o f 50.
A rt. 41. A public adm inistrative regulation, issued upon the recom mendation
o f the ministers o f labor and o f finance, shall determine all the necessary pro
visions fo r the application o f the present law, w ithout prejudice to the special
regulations referred to above.
OLD-AGE AND INVALIDITY PENSION LAW S---- FRANCE.
1015
A rt. 42. A t the date when this law goes into effect all provisions to the con
trary, especially article 3 o f the act o f December 27, 1895, and, as fa r as the
beneficiaries o f the present law are concerned, the provisions o f the act o f
Decem ber 31, 1895, shall be abrogated.
A C T O F JU LY 14, 1905, CONCERNING O BLIG ATO RY R E L IE F TO IN D I
GENT AGED, IN FIR M , AN D IN C U RA BLE PERSONS. (° )
Chapter I .— O rganization o f relief .
A rticle 1. (A s amended by article 36 o f the act o f December 31, 1907.)
E very indigent Frenchman, whether over 70 years old, or afflicted w ith an in
firmity or a disease recognized as incurable, w hich renders him incapable o f
earning the necessities o f existence by means o f his own labor, shall receive
the relief established by the present law under the conditions as stated here
after.
A rt . 2. The relief shall be given by the commune w here the person assisted
has his legal residence for the purpose o f relief ; ( *&) in the absence o f any
communal relief residence, by the Department [Province] where the assisted
person has his departmental relief residen ce; in absence o f any relief residence,
by the State.
The commune and the Departm ent shall receive the subventions referred to
in Chapter IV fo r the purpose o f meeting the expenses placed upon them by the
present law.
A rt. 3. R elief residence, whether communal or departmental, is acquired and
is lost according to the conditions stated in articles 6 and 7 o f the act o f July
15, 1893; ( ° ) nevertheless, the time necessary fo r the acquisition or the loss o f
such residence is placed at five years. A fter having attained the age o f 65
no person may acquire a new relief residence nor lose the residence w hich he
possesses.
M inors receiving relief, whether because infirm or incurable, on arriving at
m ajority, shall have their relief residence in the Departm ent to w hich they
belong until they shall acquire some other relief residence.
A rt. 4. W hen the commune, Department, or the State has granted relief
according to the provisions o f Chapter I I I o f the present law to an aged, infirm,
or incurable person w hose relief does not rightly fall upon it in virtue o f the
provisions stated above, it has a right to be reimbursed fo r its advance pay
ments up to the am ount o f one year o f relief.
A recovery o f the amounts thus advanced may be claim ed w ithin five years,
but the sum to be reimbursed shall not exceed the amount w hich w ould have
been necessary to grant relief at the legal relief residence as provided fo r in
articles 2 and 3.
A rt. 5. The commune, the Department, or the State may alw ays exercise the
right o f action i f there is occasion, taking advantage o f the act o f July 10,1901,
either against the assisted person, i f it appears that he has or has come into
possession o f sufficient resources, or against all persons or organizations respon
sible fo r his support, especially against members o f the fam ily o f the assisted
persons designated by articles 205, 206, 207, and 212 o f the Civil Code, and under
the terms o f article 208 o f the same code.
This action may not be taken fo r more than five years o f relief.
A rt. 6. The service o f relief to aged, infirm, and incurable persons shall be
organized, in each Department, by the general council (<*) meeting as specified
in article 48 o f the act o f August 10, 1871.
I f the general council refuses or neglects to take any action or i f its action is
suspended by the application o f article 49 o f the act o f August 10, 1871, the
organization o f the service may be provided by a decree rendered in the form o f
a public adm inistrative regulation.
Chapter I I .— A d m ission to relie f .
A rticle 7. Each year, one month before the first regular meeting o f the municicipal council ( e) the bureau o f charities shall prepare a list o f aged, infirm and
• From the J o u r n a l Officiel d e la R G p u b U q u e F r a n g a i s e o f July 15 -16, 1905, p. 4349.
The law was also published in the Bulletin d e VOfflce d u Travail, 1905, p. 813.
6 The French expression is “ D o m i c i l e d e se co ur s; ” it is rendered in the present trans
lation as “ relief residence.”
cAn act providing fo r com pulsory medical aid.
• “ Conseil general,” an elective body fo r local government in each Department.
• “ Conseil m unicipal,” an elective body fo r local governm ent in each commune.
1016
BULLETIN OF TH E BUREAU OF LABOR;
incurable persons who, satisfying the conditions prescribed in article 1 and
residing in the commune, have by written application made claim to the right
o f relief established by the present law. It shall recommend at the same
tim e the method o f relief appropriate to each o f these persons, and i f the mode
o f relief recommended is outdoor relief, it shall indicate the amount o f monthly
benefit which should be granted. The prelim inary list thus compiled shall be
divided into tw o pa rts: the first shall include the aged, infirm, and incurable
persons who have their relief residence in the com m une; the second, those who
have their relief residence in another commune or who have only a departmental
relief residence, or w ho have no relief residence whatever.
One copy o f this list accom panied by all the applications fo r relief shall be
forw arded to the m unicipal cou n cil; the other shall be sent to the p refect.(a)
A revision o f this list shall be undertaken one month before each o f the three
other meetings o f the municipal council, and in case o f need, at any tim e o f the
year.
In case o f failure o f the bureau to prepare such a list, this shall be done
through the m unicipal council.
A rt. 8. The municipal council, after considering in secret session all the appli
cations previously submitted to the bureau o f charities, whether or not these
have been placed upon the preliminary list, shall decide concerning the admis
sion to relief o f persons having their relief residence within the commune, and
shall regulate the conditions under which they shall be assisted, whether in the
form o f outdoor relief or in institutions.
A rt. 9. The list thus prepared by the municipal council shall be deposited in
the office o f the mayor, and notice o f such transmittal shall be given by posting
bulletins in the usual places.
One copy o f the list shall at the same time be forw arded to the prefect o f
the Department.
W ithin twenty days, counting from the day o f such transmittal, each aged,
infirm, or incurable person w hose application w as rejected by the municipal
council may present his claim to the office o f the m a y o r; w ithin the same time
each inhabitant or taxpayer o f the commune may claim the inscription o f a
person omitted or the removal o f the name o f any person im properly placed upon
the list.
The same right shall belong to the prefect and the su bp refect.(5)
A rt. 10. The decisions o f the municipal council concerning the amount o f
monthly benefit are subject to appeal under the same condition.
A rt. 11. Action upon these appeals shall be taken w ithin one month after
the m ayor and the appellant have been granted a hearing or have been duly
summoned, in a written decision containing reasons fo r same, by a cantonal ( c )
commission consisting o f the subprefect o f the district (arrondissem ent), a
member o f the general council, a counselor o f the district in order o f nomina
tion, the ju stice o f the peace o f the canton, one person designated by the prefect,
one delegate o f the bureaus o f charities o f the canton, and one delegate o f the
m utual aid societies existing within the canton.
The subprefect, and in his absence the ju stice o f the peace, shall preside over
th is commission.
W ithin eight days the president o f the commission shall give notice to the
prefect and to the m ayor o f the decisions rendered w hich w ill make additions
to the list or effect removals, and shall, at the same time, give notice thereof to
the interested parties.
Appeal from these decisions may be taken by each interested person within
tw enty days from the time o f notification to the minister o f interior, who shall
bring the matter before the central commission established in accordance with
article 17. This appeal shall not act as a stay to the execution o f the decision.
A rt. 12. In case the m unicipal council refuses or neglects to take the action
prescribed in article 8, the list shall, upon invitation o f the prefect, after a
delay o f one month, be issued on its ow n initiative by the cantonal commission
referred to in the preceding article.
In case o f the failure o f the cantonal commission to com ply w ith the obliga
tions w hich are imposed upon it by the present law, action shall be taken after
a delay o f tw o months by the central commission.
A rt. 13. After receiving the lists mentioned in article 7, the prefect shall call*6
a Governor o f the Department.
6 “ Sous-prefect,” assistant governor fo r each arrondissem ent (a division o f a De
partm ent).
0 A “ canton ” consists o f a variable number o f com m un es; is the seat o f a ju stice o f the
peace.
OLD-AGE AND INVALIDITY PENSION LAW S— FBANCE.
1017
upon the m unicipal councils o f the communes where the applicants have their
relief residence to take action concerning them under the conditions established
in article 8 and follow ing.
H e shall invite the departmental commission to take action, in accordance w ith
article 14, concerning those persons who, not having any communal relief resi
dence, have their relief residence w ithin the Department.
Finally, he shall transm it to the prefects o f the Departments concerned the
names o f applicants who have their relief residence, whether communal or de
partmental, within another Department, and to the minister o f interior the
names o f such persons as have no relief residence whatsoever, attaching thereto
his opinion and all the proper documents.
A rt. 14. The departmental commission shall decide upon granting relief to
aged, infirm, and incurable persons w ho have a departmental relief residence;
it also regulates the conditions under w hich they shall be given relief. Its
decisions are m andatory fo r the tim e b ein g ; nevertheless the general council may
change them.
In case o f rejection o f an application or a refusal to act upon it w ithin tw o
months, either by the departmental commission or by the general council, the
person interested may appeal to the minister o f interior, w ho shall refer it to
the central commission. The same right belongs to the prefect.
A rt. 15. The decisions o f the departmental commission and o f the general
council concerning the rate o f monthly benefit shall be subject to the same
appeal.
A rt. 16. The granting o f relief to aged, infirm, and incurable persons who have
n o relief residence whatsoever is decided by the m inister o f interior upon
advice o f the commission established in accordance w ith the follow in g article.
A rt. 17. A central commission composed o f fifteen members o f the superior
council o f public relief, selected by their colleagues, and o f tw o members o f the
superior council o f mutual institutions, selected by their colleagues, shall take
final action upon appeals made in virtue o f articles 11, 14, and 15, and shall
give its advice concerning the granting o f relief by the State.
A rt . 18. The granting o f relief must be discontinued when the conditions
w hich have caused it have ceased to exist.
This discontinuance is announced by the municipal council, the departmental
council, or the minister o f interior, respectively. It is subject to the same
action o f appeal.
the
Chapter I I I .— M eth od s o f granting relief .
19. Aged, infirm, and incurable persons having communal or depart
mental relief residence shall receive outdoor relief. Those w ho can not properly
be taken care o f by outdoor relief shall be placed, w ith their consent, either in
a public institution or in a private institution or in the home o f a private per
son, or, finally, in such public or private institutions w here they receive only
lodgings, and that independently o f any other form o f assistance.
The m ethod o f relief applied in each individual case shall not have the char
acter o f a final decision.
A rt. 20. Outdoor relief shall consist o f the payment o f a monthly benefit.
The rate o f this benefit shall be determined fo r each commune by the munici
pal council, subject to approval o f the general council and the minister o f
interior.
It shall not be less than 5 francs [97 cents] nor, unless under exceptional
circumstances, m ore than 20 francs [$3.86]. I f it does exceed 20 francs [$3.86],
then the decision o f the general council must be submitted to the approval o f
the minister o f interior, w ho shall decide after hearing the opinion o f the supe
rior council o f public relief.
In case this benefit should exceed 30 francs [$5.79], then the excess shall not
be considered in computing the reimbursements to be made in virtue o f article 4,
nor fo r the purpose o f determining the subvention o f the Department and o f
the State provided fo r in chapter 4.
In case the person granted relief already possesses certain revenues, then
the am ount o f the benefit shall be reduced by the am ount o f these revenues.
However, revenues derived from savings, especially from an old-age pension
w hich the beneficiary has acquired fo r himself, shall not be taken into con
sideration i f they do not exceed 60 francs [$11.58]. This amount is increased
from 60 to 120 francs [$11.58 to $23.16] fo r those beneficiaries w ho can estab
lish that they have brought up at least three children w ho reached the age o f
16 years. In case the revenues exceed the amounts above stated, only oneh a lf o f the excess shall be considered, provided that revenues derived from
A r t ic l e
1018
BULLETIN OF TH E BUREAU OF LABOR.
savings and from the benefit granted shall not together exceed the amount o f
480 francs [$92.64],
O f the fixed and permanent revenues derived from private benevolence only
one-half shall be discounted w ith the same maximum lim it o f 480 francs
[$92.64],
(E nacted by article 36 o f the act o f Decem ber 31, 1907.) The revenues which
may be derived from the w ork o f persons over 70 years old shall not be taken
into consideration.
A rt. 21. The right to the benefit shall begin on the day fixed in the decision
granting the relief.
The bureau o f charities or o f relief shall decide in accordance w ith the con
dition o f the person concerned whether the benefit shall be given in one lump
sum or in fractional am oun ts; it may decide that all or part o f the benefit shall
be given in kind.
The benefit is not subject to assignment or seizure. It shall be paid at the
place o f residence o f the person concerned either to him self or, in case o f his
being placed w ith a fam ily, to a person designated by him and agreed to by the
mayor, or finally in case o f relief being given in kind, or in case o f the division
o f the monthly benefit into fractions, to the financial officer o f the bureau o f
charities or o f relief. The public adm inistrative regulation, required by article
41, shall determine the rules o f accounting to be applicable to this service.
A rt. 22. In case the commune does not possess any asylum or when the exist
ing asylum is insufficient, the aged, infirm and incurable persons having their
relief residence in that commune shall be placed in asylum s or private institu
tions selected by the m unicipal council from a list prepared by the general
council in conform ance w ith the follow in g article, or finally in the homes o f
private persons.
A rt. 23. The general council shall designate the asylums and hospitals which
shall be required to receive the aged, infirm, and incurable persons who can not
be assisted in their own homes.
The num ber o f beds to be devoted to these persons in the establishments
shall be determined each year by the prefect after consultation w ith the admin
istrative commissions.
The price per day shall be regulated by the prefect upon recom mendation o f
the adm inistrative commissions and w ith the advice o f the general council, but
no price per day shall be imposed which is less than the average actual cost as
determined fo r the preceding five years. This price shall be revised every five
years.
In case where the person placed in an institution possesses certain sources o f
revenue, the price per day is paid by the commune, the Department, or the
State, w hich shall receive the benefit o f the deductions referred to in article 20.
A rt. 24. The general council shall designate the private establishments which
may, in case the asylums are inadequate, receive the aged, infirm, and incurable
persons, and it shall approve the contracts concerning the accommodation o f
these persons.
The execution o f these contracts shall be submitted to the control o f public
authority.
The general council shall determine the general conditions fo r placing assisted
persons in fam ilies o f other persons.
A rt. 25. The aged, infirm, and incurable persons who are deprived o f any
relief residence shall be placed in public or private establishments designated
by the minister o f interior, unless the prefect or the central relief commission
admits them to outdoor relief; in that case they shall receive a fixed monthly
benefit within the limits indicated in article 20.
A rt. 26. The cost o f m edical visits fo r the purpose o f delivering m edical cer
tificates to infirm and incurable persons and the expenses o f transportation o f
persons receiving relief, i f there be such expense, shall be met by the commune,
the Department, or the State, according to whether the persons have a com
munal relief residence and departmental relief residence or are deprived o f any
relief residence.
I f the persons assisted do not have their relief residence in the community
where they actually reside, the latter shall advance the cost w ith the right o f
reimbursement by the commune or the Departm ent upon w hich the obligation
rightly belongs or by the State.
Chapter IV .— W a y s and m eans.
A rt. 27. Under the conditions o f articles 136 and 149 o f the act o f April 5,
1884, the expenditures fo r relief imposed by the present law shall be obligatory
upon the communes.
OLD-AGE AND INVALIDITY PENSION LAW S— FRANCE.
1019
The communes shall provide fo r these expenditures by means o f (1 ) special
revenues derived from bequests or donations made fo r the special purpose o f
relief o f aged, infirm, and incurable persons, provided the conditions o f these
bequests or donations are not opposed to such u se; (2 ) the participation, i f any,
o f the bureau o f charities and o f the asylu m ; (3 ) ordinary receipts; (4 ) in case
o f insufficient revenues, o f a subvention from the Departm ent com puted accord
ing to Table A annexed, and o f a direct and complem entary subvention from the
State com puted according to Table C annexed, provided that fo r the computa
tion o f the subvention only that part o f the expenditure shall be taken into con
sideration w hich is covered by means o f receipts derived from direct or indirect
taxes or assessments (impdt, impositions ou taxes) the levying o f whileh is
authorized by the la w .(a)
A rt . 28. Under the conditions o f articles 60 and 61 o f the act o f August
10, 1871, the follow in g expenses are obligatory upon the Departm ents:
(1 ) The expenses o f relief placed under their charge by articles 2 and 26.
(2 ) T h e subventions to be granted to the communes by the application o f
the preceding article.
(3 ) The expenses o f the departmental administration o f the service.
In case the available special resources and ordinary revenues are inadequate,
these expenses shall be met by means o f—
(1 ) Assessments or taxes (im positions ou taxes) the levying o f w hich is
authorized by the laws.
(2 ) A subvention from the State computed, in accordance w ith Table B
annexed, on the portion o f expenditures met by means o f resources obtained
from ordinary revenues or taxes (revenus ordinaires ou de Vimpdt).
A rt . 29. Independently o f subventions to be granted in virtue o f the preceding
articles, the State is charged w ith—
(1 ) The expenses o f relief o f aged, infirm, and incurable persons who have
no relief residence.
(2 ) General expenditures o f administration and control caused by the en
forcem ent o f the present law.
A rt . 30. The bureaus o f charities, the asylums, and hospitals which, in virtue
o f bequests or donations, possess property the revenues o f w hich have been
specially designated to provide outdoor relief o f aged, infirm, and incurable
persons, shall be required to contribute an amount up to this revenue to the
execution o f the present law in accordance w ith the conditions o f the donation.
A rt. 31. As far as their own resources will permit, communal asylums shall
be required to admit gratuitously the aged, infirm, and incurable persons who
have their relief residence in the commune where the institution is situated
and who have been designated for placement in an institution in accordance
with article 19.
The same obligation shall be imposed on intercommunal and cantonal asylums
in regard to aged, infirm, and incurable persons who have their relief residence
in the communes fo r whose benefit these asylums have been founded.
A rt . 32. The State, by means o f subventions shall contribute to the expense o f
construction or purchase o f asylum s necessary fo r the execution o f the present
law. This contribution shall be determined in inverse ratio o f the value o f the
communal or departmental tithe ( centime) in direct ratio o f the extraordinary
charges o f the commune or the Department, and also in proportion to the im
portance o f the works to be executed in conform ance w ith rules w hich shall be
established by a public adm inistrative regulation.
I f the w ork has been undertaken by several Departm ents in conform ance with
articles 89 and 90 o f the act o f August 10, 1871, or by a union o f communes, the
subvention shall be determined separately fo r each o f the Departments and each
o f the communes which share in the expense.
The projects must be approved in advance by the minister o f interior.
The appropriation act o f each fiscal year shall specify the maximum amount
o f subventions to be granted during the year.
A rt . 33. F or the three years 1907, 1908, and 1909 the appropriation act o f
"Article 27 of the law of 1905 has been supplemented by the following provision of
article 37 of the financial act of December 31, 1907: “ When the application of the
schedules attached to the act of July 14, 1905, concerning obligatory relief of indigent
aged, infirm, and incurable persons without means, would impose upon the commune
a greater part of the expense than that which would result from the application of the
schedules attached to the law of July 15, 1893, concerning gratuitous medical relief, then
the excess of the charges shall be met by a complementary subvention allowed to the
commune.
“ The portion of the expense which is to be met by means of this complementary sub
vention shall be divided between the Departments and the State in accordance with
Schedule B o f the act of July 14, 1905.”
1020
BULLETIN OP TH E BUREAU OF LABOR.
each fiscal year shall determine the am ount w hich the minister o f interior shall
be authorized to apply to subventions to be granted to Departm ents and to com
munes fo r the purpose o f executing the present law.
Chapter V.— Jurisdiction.
A rticle 34. Controversies concerning relief residence shall be decided by the
council o f the prefecture o f the Departm ent in w hich the aged, infirm, or incura
ble person actually resides.
A rt. 35. In case o f disagreement between the adm inistrative commissions o f
the asylum s and the prefect, and between the adm inistrative com m issions o f the
bureaus o f charities and o f the asylums and the m unicipal councils concerning
the execution o f the provisions contained in articles 23, 27, 30, and 31, decision
shall be rendered by the council o f the prefecture o f the Departm ent in w hich
the institution is situated.
A rt. 36. A n appeal m ay be taken from the decisions o f the council o f the
prefecture to the council o f state.
%
The appeal shall be acted upon w ithout cost and does not require any stamp
duties or the services o f an attorney.
Chapter V I .—Miscellaneous provisions.
A rt. 37. A public administrative regulation shall specify the conditions for
the application o f the present law to the city o f Paris so far as articles 7, 8,
9, 10, 11, 12, 13, 21, 22, 23, 30, and 31 are concerned.
A rt. 38. Certificates, notices, judgments, contracts, receipts, and other docu
ments made in virtue o f the present law, having for their exclusive object the
service o f the relief to aged, infirm, and incurable persons, shall be exempt from
stamp duties and recorded free o f charge when the formality o f registration is
required.
A rt. 39. E very person under charges in accordance w ith articles 269, 270,
271, and 274 o f the Penal Code [relating to vagrancy and m endicancy] who
shall claim to enforce his right to relief may on a proper show ing procure a
stay o f proceedings and be finally cleared, according to the circumstances, from
the consequences o f the prosecution.
Nevertheless, the provisions o f the present article shall not be applicable in
case o f repetition o f an offense.
A rt. 40. The laws concerning the insane are not repealed by this act.
A rticle 43 o f the law o f M arch 29, 1897, article 61 o f the law o f M arch 30,
1902, and all other acts contrary to the present law are hereby repealed.
A rt. 41. The present law shall go into effect on January 1,1907.
Public adm inistrative regulations shall determine the measures necessary to
assure the proper application o f this act.
TABLETS ANNEXED TO THE LAW CONCERNING OBLIGATORY RELIEF OF IN DIGEN T,
AGED, IN FIRM , AND INCURABLE PERSON S.
T able A .
SCHEDULE TO BE USED FOR DETERMINATION OF THE PART OF THE EXPENDI
TURES FOR OBLIGATORY RELIEF OF AGED, INFIRM, AND INCURABLE PER
SONS WHICH ARE TO BE COVERED BY THE COMMUNES UNDER CONDITIONS
SPECIFIED UNDER NO. 4 OF ARTICLE 27.
Proportion of the expense
to be met by—
Per capita amount of communal tax
(centime co mm un al ).
0.06 francs [0.0116 cent] or less
From 0.061 to 0.08 francs [0. Oil
0118 toO. 0154 cent
From 0.081 to 0.10 francs 0.015
0156 to 0. 0193 cent
From 0.101 to 0.12 francs “0.019
0195 to 0. 0232 cent
From 0.121 to 0.14 francs 0.023
0234 to 0. 0270 cent'
From 0.141 to 0.16 francs 0.027
0272 to 0. 0309 cent'
0311 toO. 0347 cent'
From 0.161 to 0.18 francs 0.031
0349 to 0. 0386 cent
From 0.181 to 0.20 francs [0.034
More than 0.20 francs [0.0386 cent]
The com
munes by
means of re
sources ob
tained from
taxes (Art.
27, No. 4).
The Depart
ments by
means of
their own re
sources and
the subven
tions from
the State in
accordance
with Table B.
Per cent.
Percent .
10
20
15
25
30
40
50
60
70
90
85
80
75
70
60
50
40
30
OLD-AGE AND INVALIDITY PENSION LAW S— FRANCE.
1021
T able B.
SCHEDULE TO BE USED FOR DETERMINATION OF THE PART OF THE EXPENDI
TURES FOR OBLIGATORY RELIEF OF AGED, INFIRM, AND INCURABLE PER
SONS WHICH ARE TO BE COVERED BY THE DEPARTMENTS UNDER CONDI
TIONS SPECIFIED UNDER NO. 2 OF ARTICLE 28.
Proportion of expenditures
to be met by—
Value of the departmental tax (centime departemental) per 100
inhabitants.
6francs [96.5 cents] or less...........................................................................
From 6.01 to 6 francs [96.7 cents to $1.158]..................................................
From 6.01 to 7 francs $1.16 to $1.851].........................................................
From 7.01 to 8 francs 81.853 to 81.544]........................................................
From 8.01 to 9 francs 81.546 to 81.737]........................................................
From 9.01 to 10 francs [81.739 to 81.93j ........................................................
From 10.01 to 11 francs [81.932 to 82.123].....................................................
From 11.01 to 12 francs [82.125 to 82.316].....................................................
From 12.01 to 15 francs [82.318 to 82.895].....................................................
From 15.01 to 18 francs [82.897 to 83.474 J.....................................................
More than 18 francs [83.474].........................................................................
The Depart
ments by
means of re
sources de
rived from
ordinary re
venues or
taxes (Art.
28, No. 2).
The State.
Per cent.
Percent.
5
8
11
14
17
20
25
30
35
40
50
95
92
89
86
83
80
75
70
65
60
50
T able O.
SCHEDULE TO BE USED FOR DETERMINING THE DIRECT AND COMPLEMENT
ARY SUBVENTIONS OF THE STATE TO COMMUNES UNDER CONDITIONS
SPECIFIED UNDER NO. 4 OF ARTICLE 27.
W hen in a commune the number o f persons assisted exceeds 10 per thousand
inhabitants, the State shall grant a direct subvention to this commune to cover
the supplementary expense, in proportion to the excess in the number o f persons
assisted, provided that the communal expense shall not be reduced to less than
10 per cent o f the total expense, as fo llo w s :
F or each person per thousand aided in excess o f 10 per thousand, 10 per cent
o f the complem entary communal expense.
F or every 2 persons per thousand aided in excess o f 10 per thousand, 11 per
cent o f the complem entary communal expense.
F or every 3 persons per thousand aided in excess o f 10 per thousand, 12 per
cent o f the complem entary communal expense.
F or every 4 persons per thousand aided in excess o f 10 per thousand, 13 per
cent o f the complem entary communal expense.
F or every 5 persons per thousand aided in excess o f 10 per thousand, 14 per
cent o f the complem entary communal expense.
F or every 6 persons per thousand aided in excess o f 10 per thousand, 15 per
cent o f the complem entary communal expense.
F or every 7 persons per thousand aided in excess o f 10 per thousand, 16 per
cent o f the complementary communal expense.
F or every 8 persons per thousand aided in excess o f 10 per thousand, 17 per
cent o f the complem entary communal expense.
F or every 9 persons per thousand aided in excess o f 10 per thousand, 18 per
cent o f the complementary communal expense.
For every 10 persons per thousand aided in excess o f 10 per thousand, 19 per
cent o f the complementary communal expense.
For more than 10 persons per thousand aided in excess o f 10 per thousand,
20 per cent o f the complementary communal expense.
1022
BULLETIN OP TH E BUREAU OF LABOR.
AUSTRALIAN INVALID AND OLD-AGE PENSION LAWS.
A N A C T TO P R O V ID E F O R T H E PAY M EN T O F IN V A L ID AN D OLD-AGE
PEN SIONS AN D FO R O T H E R PU RPOSES.
P A B T I . -----INTRODUCTORY.
1. This act may be cited as the In valid and Old-Age Pensions A ct, 1908.
2 . This act shall commence on the first day o f July, one thousand nifffe hun
dred and nine or on such earlier day as is fixed by proclamation.
3 . This act is divided into parts, as fo llo w s :
P art I.— Introductory.
P art II.— Adm inistration.
Part I II.— Old-age pensions.
Part IV.— Invalid pensions.
P art V.— Invalid and old-age pensions.
D ivision 1.— Rate o f pensions.
D ivision 2.— Pension claims.
D ivision 3.— Payment o f pensions.
Part V I.— Offenses.
P art V II.— Miscellaneous.
4 . (1 .) In this act, unless the contrary intention appears—
“ Benevolent a sy lu m ” means any benevolent asylum w hich is w holly or
partly m aintained by contributions from the consolidated revenue fund o f the
Commonwealth or the consolidated revenue o f a State, and w hich is proclaim ed
by the governor-general to be a benevolent asylum fo r the purposes o f this act.
“ Claimant ” means an applicant fo r a pension.
“ The com m issioner” means the commissioner o f pensions under this act.
“ D eputy com m issioner” means a deputy commissioner o f pensions under
this act.
“ H o sp ita l” means any hospital w hich is w holly or partly maintained by
contributions from the consolidated revenue fund o f the Commonwealth or the
consolidated revenue o f a State, and w hich is proclaim ed by the governorgeneral to be a hospital fo r the purposes o f this act.
“ Incom e ” means any moneys, valuable consideration, or profits earned,
derived, or received by any person fo r his own use or benefit by any means
from any source whatever, whether in or out o f the Commonwealth, and shall
be deemed to include personal earnings, but not any payment—
(a) B y w ay o f benefit from any friendly society registered under any act or
state act, or
(b ) D uring illness, infirmity or old-age from any trade union, provident
society, or other society or association.
“ M agistrate ” means a police, stipendiary, or special m agistrate o f the Com
monwealth or a State.
“ The m inister ” means the minister o f state adm inistering this act.
“ Pension ” means an invalid o r old-age pension under this act.
“ Pensioner ” means an invalid or old-age pension under this act.
“ Registrar ” means a registrar o f pensions under this act.
“ Relatives ” means the husband, w ife, or children o f a claim ant or pensioner,
as the case m ay be.
“ This act ” includes all regulations m ade thereunder.
(2 .) W here, in relation to any act o f a registrar, reference Is made to the
deputy commissioner, the reference shall be deemed to be to the deputy com
missioner fo r the State in w hich the registrar’s district is situated.
P art II.— A d m in is t r a t io n .5
6
5 . There shall be a commissioner o f pensions, w ho shall, subject to the control
o f the minister, have the general adm inistration o f this act.
6 . There shall be a deputy comm issioner fo r each State, who shall, subject to
the control o f the commissioner, have the pow ers conferred on him by this a c t
OLD-AGE AND INVALIDITY PENSION LAW S---- AUSTRALIA.
1023
7 . The commissioner and the deputy commissioners may, fo r the purposes o f
this act—
(a ) Summon w itnesses;
(&) R eceive evidence on oa th ; and
( c ) R equire the production o f documents.
8. No person w ho has been summoned to appear as a witness before the com
m issioner or a deputy commissioner shall, w ithout law fu l excuse, and after
tender o f reasonable expenses, fa il to appear in obedience to the summons.
P en alty: Tw enty pounds [$97.33].
9 . No person w ho appears before the commissioner or a deputy commissioner
as a w itness shall, w ithout law ful excuse, refuse to be sworn, or to make an
affirmation, or to produce documents, or to answer questions w hich he is law
fu lly required to answer.
P en alty: F ifty pounds [$243.33].
1 0 . (1 ) It shall be the duty o f the commissioner, as soon as may be after the
commencement o f this act, to divide each State o f the Commonwealth into
districts fo r the purposes o f this act.
(2 )
The commissioner may, by notice in the Gazette, alter the boundaries o f
any district.
1 1 . In and fo r each district, there shall be a registrar, to be called the regis
trar o f pensions, who shall have power to administer oaths, and shall perform
such duties as are by this act imposed upon him.
1 2 . It shall be the duty o f the registrar fo r any district—
(a) T o receive pension claim s;
(b ) To investigate pension claim s as prescribed;
( c ) Generally, to keep such books and registers, and do all such things, as
are prescribed or as the commissioner or the deputy commissioner directs.
1 3 . The commissioner and all deputy commissioners and registrars appointed
under this act shall, before entering upon their duties or exercising any pow ers
under this act, make before a justice o f the peace or commissioner fo r affidavits
a declaration in accordance w ith the prescribed form .
1 4 . (1 ) The minister may, in relation to any particular matters or class o f
matters, or to any particular State or part o f the Commonwealth, by w riting
under his hand, delegate all or any o f his pow ers under this act (except this
pow er o f delegation), so that the delegated pow ers may be exercised by the
delegate w ith respect to the matters or class o f matters or the State or part,
o f the Commonwealth specified in the instrument o f delegation.
(2 )
Every delegation under this section shall be revocable at w ill and no
delegation shall prevent the exercise o f any power by the minister.
P art I II.— O ld -age P e n s io n s .1
*
6
5
1 5 . (1 ) Subject to this act, every person who has attained the age o f 65 years,
or more, or who, being permanently incapacitated fo r work, has attained the
age o f 60 years, shall, whilst in Australia, be qualified to receive an old-age
pension.
(2 ) The governor-general may by proclamation declare that the age at which
women shall be qualified to receive an old-age pension shall be 60 years,
and from and after such proclam ation the last preceding subsection shall,
as regards women, be read as i f the w ord “ sixty ” w ere substituted fo r the
w ord “ sixty-five.”
(3 ) No old-age pension shall be paid to any person w ho is under the age
o f 65 years unless and until his claim is certified by a registrar pursuant
to this act, and is recommended in w riting by a deputy commissioner.
Provided that this subsection shall not, after proclam ation under the last
preceding subsection, apply to women.
1 6 . (1 ) The follow in g persons shall not be qualified to receive an old-age
pension, nam ely:
(a) A lien s;
(b ) N aturalized subjects o f the K ing who have not been naturalized for the
period o f three years next preceding the date o f their pension cla im s;
( c ) Asiatics (except those born in A u stra lia ), or aboriginal natives o f
Australia, A frica, the islands o f the Pacific or New Zealand.
(2 )
No woman having married one o f the persons disqualified by this section
shall, in consequence only o f such marriage, be or become disqualified to receive
a pension.
64181°— No. 91— 11----- 11
1024
BULLETIN OF TH E BUREAU OF LABOR.
1 7 . No person shall receive an old-age pension unless—
(а ) H e is residing in A ustralia on the date when he makes his claim to
the pension;
(б ) H e has on that date so resided continuously fo r at least twenty-five
y ea rs;
( c ) H e is o f good character;
(d ) I f a husband, he has n ot fo r tw elve months or upward during five
years im mediately preceding that date, w ithout ju st cause, deserted his w ife,
or w ithout ju st cause failed to provide her w ith adequate means o f main
tenance, or neglected to maintain any o f his children being under the age o f 14
y e a r s ; or, i f a w ife, she has not fo r tw elve months during five years im mediately
preceding such date, w ithout ju st cause, deserted her husband, or deserted any
o f her children being under the age o f 14 y e a r s ;
(e ) The net capital value o f his accum ulated property, whether in or out
o f Australia, does not exceed £310 [$1,508.62].
( / ) H e has not directly or indirectly deprived him self o f property or income
in order to qualify fo r or obtain a pen sion ; and
(g) H e has not at any time within six months been refused a pension cer
tificate, except fo r the reason that he w as disqualified on account o f his age or
fo r reasons w hich are not in existence at the time o f the further application.
1 8 . (1 ) Continuous residence in Australia shall not be deemed to have been
interrupted by occasional absences not exceeding in the aggregate one-tenth o f
the total period o f residence.
(2 )
A person, whether claim ant o r pensioner, shall not be deemed to be
absent from Australia during any period o f absence from Australia i f he proves
that during that period his home w as in Australia, and i f m arried that his w ife
and fam ily, or his w ife ( i f he has no fa m ily ), or his fam ily ( i f his w ife is
d ea d), resided in Australia and w ere maintained by him.
P art IV . — I nvalid P e n s io n s .1
0
2
9
1 9 . This part shall hot com e into operation on the commencement o f this act,
but shall come into operation on a subsequent day to be fixed by proclamation.
2 0 . Subject to this act, every person above the age o f 16 years w ho is perma
nently incapacitated for w ork, by reason o f an accident or by reason o f his
being an invalid, and who is not receiving an old-age pension, shall, w hilst in
Australia, be qualified to receive an invalid pension.
2 1 . (1 ) The follow in g persons shall not be qualified to receive an invalid pen
sion, nam ely:
(а) Aliens.
( б ) A siatics (except those born in A u stra lia ), or aboriginal natives o f
Australia, A frica, the islands o f the Pacific, or New Zealand.
(2 )
No woman having m arried one o f the persons disqualified by this section
shall, in consequence only o f such marriage, be or become disqualified to receive
a pension.
2 2 . No person shall receive an invalid pension unless—
(a) H e is residing in Australia on the date when he makes his claim to the
pen sion ;
(b ) H e has on that date resided in Australia continuously (w ithin the mean
ing o f section 18) fo r at least five y ears;
( c ) H e has become permanently incapacitated w hilst in A u stra lia ;
(d ) The accident or invalid state o f health w as not self-induced, nor in any
w ay brought about w ith a view to obtaining a pen sion ;
( e ) H e has no claim against any employer, company, or other person, or
body, com pellable under private contract or public enactment to adequately
m aintain or compensate him on account o f accident or invalid state o f h ealth ;
( / ) H is incom e or property does not exceed the lim its prescribed in the case
o f applicants fo r old-age pensions;
(g) H e has not directly or indirectly deprived him self o f income or property
in order to qualify fo r a pension; and
( h ) H is relatives, namely, father, mother, husband, w ife, or children, do not,
either severally or collectively, adequately maintain him.
OLD-AGE AND INVALIDITY PENSION LAW S---- AUSTRALIA.
1025
2 3 . (1 ) The amount o f an invalid pension shall in every case be determined
annually by the commissioner or deputy commissioner, having regard to any
incom e or property possessed by the applicant, and the fa ct that his relatives
contribute to his maintenance, and the fa ct also o f his having received compen
sation from any source in respect o f any injury.
(2 )
The commissioner or deputy commissioner shall in all cases o f invalidity,
and also in cases o f accident w here the permanent incapacity fo r w ork is not
manifest, direct an examination o f the claim ant to be made by a duly qualified
m edical practitioner, who shall certify in the prescribed form whether the
claim ant is permanently incapacitated for any w ork, giving the prescribed par
ticulars. In his final determination the commissioner or deputy commissioner
shall be guided by the certificate o f the medical practitioner.
P art V .— I nvalid
an d
O ld -A ge P e n s io n s .
DIVISION 1 .— RATE OF PENSIONS.
2 4 . (1 ) The am ount o f a pension shall in each case be at such rate as, having
regard to all the circumstances o f the case, the commissioner or deputy commis
sioner w ho determines the pension claim deems reasonable and sufficient, but
shall not exceed the rate o f £26 [$126.53] per annum in any event, nor shall it
be at such a rate as w ill make the pensioner’ s income, together w ith pension,
exceed £52 [$253.06] per annum.
(2 ) W here the pensioner has accumulated property, the am ount o f a pension
shall be subject to the follow ing deductions:
(a ) One pound [$4.87] fo r every complete £10 [$48.67] by which the net
capital value o f the property exceeds £50 [$243.33], except where the property
includes a home in w hich the pensioner permanently resides, and w hich pro
duces no in com e; and
(b ) One pound [$4.87] fo r every complete £10 [$48.67] by w hich the net
capital value o f the property exceeds £100 [$486.65] where the property includes
a home in w hich the pensioner permanently resides and which produces no
income.
Provided, That where both husband and w ife are pensioners, except where
they are living apart pursuant to any decree, judgment, order, or deed o f sepa
ration, in making the deduction in the case o f each o f them— •
Paragraph (a ) shall b e read w ith the substitution o f £25 [$121.66] fo r £50
[$243.33]; and
Paragraph (5 ) shall be read w ith the substitution o f £50 [$243.33] fo r £100
[$486.65].
2 5 . The net capital value o f accum ulated property shall be assessed in the
prescribed manner, and unless otherwise prescribed the follow in g provisions
shall a p p ly :
(a ) A ll real and personal property owned by any person shall be deemed to be
his accum ulated property.
(b ) From the capital value o f such accum ulated property there shall be
deducted all charges or incumbrances law fully and properly existing on the
property, and the residue remaining shall be deemed to be the net capital value
o f all accum ulated property.
( c ) W here a valuation has been made fo r any local authority o f any accumu
lated real property, that valuation, being the last valuation o f the property,
may fo r the purposes o f this act be taken to be the capital value o f the property
unless satisfactory evidence is adduced to the contrary.
{d) In the case o f husband and w ife, except where they are living apart
pursuant to any decree, judgment, order, or deed o f separation, the net capital
value o f the accum ulated property o f each shall be deemed to be h alf the total
net capital value o f the accum ulated property o f both.
2 6 . In the computation o f income—
( a ) W here any person receives board or lodging or board and lodging, the
actual or estimated value or cost o f such board or lodging or board and lodging,
not exceeding 5s. [$1.22] per week, shall be in clu ded; and
(b ) In the case o f husband and w ife, except where they are living apart
pursuant to any decree, judgment, order, or deed o f separation, the income o f
each shall be deemed to be h a lf the total incom e o f both.
1026
BULLETIN OF TH E BUREAU OF LABOR.
DIVISION
2.— PENSION
CLAIMS.
2 7 . (1 ) Every person claim ing a pension shall, in the prescribed manner,
deliver or send a pension claim therefor to the registrar o f the district in w hich
he resides or to a prescribed officer therein.
(2 ) W here the claim is sent to a prescribed officer, he shall forthw ith trans
m it it to the registrar o f the district.
(3 ) The pension claim shall be in accordance w ith the prescribed form and
shall affirm all the qualifications and requirements and negative all the dis
qualifications under this act and shall set out the place o f abode and length o f
residence therein o f the claim ant and the place or places o f abode o f the claim
ant during the previous twelve months.
(4 ) Every claim ant shall, by declaration to be indorsed thereon, declare
that the contents o f his pension claim are true and correct in every particular,
and if in the declaration or claim he w illfu lly makes any statement w hich is
untrue in any particular he shall be guilty o f an indictable offense.
P en a lty : Five years’ imprisonment.
(5 ) The declaration may be made before any o f the follow in g persons: A
postmaster or postmistress, or person in charge o f a post-office, a police, sti
pendiary, or special m agistrate o f the Commonwealth or o f a State, a ju stice o f
the peace, a barrister or solicitor, a state-school head teacher, an officer o f
the department o f trade and customs, a member o f the police force -of the Com
monwealth or o f a State, a legally qualified m edical practitioner, a notary public,
a commissioner fo r affidavits, a registrar, or any. prescribed officer or person.
(6 ) A pension claim may be w ithdraw n at any time by a notice o f w ith
draw al sent by the claim ant to the registrar to whom the claim w as delivered
or sent.
2 8 . (1 ) Upon receipt o f a pension claim the registrar shall cause to be made
such investigations as appear to him desirable, or as are directed by the deputy
commissioner, in order to ascertain the circumstances o f the claim ant and the
truth o f the statements in the claim.
(2 ) The registrar may require any person whom he believes to be in a posi
tion to do so to furnish to him fo r submission to the m agistrate a confidential
report as to the circumstances or the financial transactions o f any claim ant
or pensioner or o f any relatives o f a claim ant or pensioner; and any person
who, on being required to do so by the registrar, fa ils to furnish a report
within a reasonable time, or furnishes a report containing any statement which
is untrue in any particular, shall be guilty o f an offense.
P en alty: One hundred pounds [$486.65], or six months’ imprisonment.
2 9 . (1 ) Upon the completion o f his investigations the registrar shall refer
the claim, together w ith a fu ll report o f the result o f the investigations w hich
have been made, to a magistrate.
(2 ) The registrar shall n otify the claim ant o f the time when and place where
he is required to attend to support his pension claim :
Provided, That, w here the magistrate is satisfied that by reason o f physical
disability or other sufficient cause the claim ant is unable to attend, the magis
trate may dispense w ith his attendance.
3 0 . (1 ) On the day so notified, or on any subsequent day, the magistrate may
proceed to investigate the pension claim, fo r the purpose o f ascertaining whether
the claim ant is entitled to a pension, and, i f so, at w hat rate.
(2 ) A ll investigations by the magistrate shall be made in the locality w herein
the claim ant resides, or as near thereto as practicable, and shall be in open
court, i f fo r any reason the magistrate deems it advisable.
(3 ) In order to ascertain the circumstances o f the claimant, evidence may be
taken at the hearing from members o f the police force o f the Commonwealth or
a State, officers and members o f the governing bodies o f any charitable institu
tion or society, or any other persons whomsoever.
(4 ) In investigating the pension claim the m agistrate shall not be bound by
any rules o f evidence, but shall investigate the matter and make his recommenda
tion according to equity, good conscience, and the substantial merits o f the case,
w ithout regard to technicalities or legal forms.
3 1 . (1 ) Subject to the follow in g provisions o f this section, the m agistrate
may, as he deems equitable—
(a)
Recommend the pension claim as made, or as modified by the result o f
his investigations, or
(ft) Postpone the claim fo r further evidence, or
( c ) Recommend the rejection o f the claim ;
OLD-AGE AND INVALIDITY PENSION. LAW S— AUSTRALIA.
1027
but no pension claim shall be recommended unless the magistrate is satisfied
that the claim is established and the claim ant is deserving o f a pension, and
unless the evidence ( i f an y) o f the claim ant is corroborated on all material
points by docum entary inform ation or oral eviden ce:
Provided, however, That in respect o f the age o f the claim ant the magistrate,
i f otherwise satisfied, may dispense w ith corroborative evidence.
(2 ) I f it appears to the m agistrate that the claimant, although otherwise
qualified for, i t unfit to be intrusted with, a pension, he may recommend that
the claim ant, instead o f being granted a pension, be sent to a benevolent asylum
or charitable in stitu tion ; and the registrar shall at once n otify the deputy com
missioner, w ho m ay thereupon cause steps to be taken fo r the admission o f the
claim ant into a benevolent asylum or any prescribed public or private charitable
institution.
(3 ) I f the magistrate is o f opinion that, although the claim is not completely
established, further evidence may be adduced in support thereof, or it may be
mended by lapse o f time, the m agistrate shall, i f the claim ant so desires, post
pone the investigation, and in such case all matters as to w hich the magistrate
is satisfied shall be recorded as p ro v e d : Provided, That further evidence may
be adduced in respect o f any matters recorded as proved.
(4 ) I f the magistrate is o f opinion that the pension claim is not established,
and can not be mended by further evidence, or by postponement o f the investiga
tion fo r a reasonable time, the magistrate shall recommend the rejection o f the
claim, and when so doing shall specify in w riting all the m aterial points w hich
he finds to be respectively proved, disproved, and unproved or insufficiently
proved.
32.
(1 ) In respect o f matters found by the magistrate to be disproved, the
claim ant m ay in the tim e and in the manner prescribed appeal to the minister,
who may cause an investigation thereof to be made by the commissioner or a
deputy commissioner, whose decision shall be final and conclusive and w ithout
appeal.
(2 ) In respect o f matters found by the magistrate to be simply unproved or
insufficiently proved, the claim ant may at any time thereafter, first giving the
registrar three days’ notice, adduce before the magistrate fresh evidence, and
in such case all material points previously found by the m agistrate to be proved
shall be deemed to be established, and the magistrate shall dispose o f all other
points as in the case o f a new claim.
S3.
(1 ) The recommendation o f the magistrate as to the pension claim shall
be indorsed on the claim, w hich shall thereupon be returned to the registrar.
(2 ) The registrar shall forthw ith transmit the claim as indorsed, together
w ith the prescribed particulars fo r identification o f the claimant, and such other
particulars as are prescribed, to the deputy commissioner, who shall, except in
such cases or classes o f cases as are prescribed, and in w hich the claim shall be
referred fo r the determination o f the commissioner, determine the application.
(3 ) The determination o f the commissioner or the deputy commissioner shall,
i f in fa v or o f the claim , set out the rate o f the pension and the date o f its com
mencement (w hich must not be prior to the date o f the cla im ), and a pension
certificate in the prescribed form shall thereupon be issued to the claimant.
(4 ) I f the determination o f the commissioner or deputy commissioner is
adverse to the claim, the claim ant shall be notified accordingly.
(5 ) The registrar shall in the prescribed manner report to the deputy com
missioner upon every pension claim whose rejection is recommended by the
magistrate.
3 4 . A t the request o f the comm issioner or a deputy com m issioner a magistrate
m ay rehear a pension claim previously admitted or rejected, and the commis
sioner or a deputy comm issioner may, if he thinks fit, amend any certificate so
as to accord with the recommendation made by the magistrate after the rehear
ing. Upon the rehearing the magistrate shall have the same pow ers as upon
the original hearing.
3 5 . A ny person w ho at the commencement o f this act is the holder o f a valid
certificate entitling him to an invalid or old-age pension under a state act may,
instead o f sending in a pension claim, deliver up his state certificate to the
deputy commissioner, and the deputy commissioner may, subject to the regula
tions, i f he is satisfied that the person is entitled to a pension under this act,
issue a pension certificate to him.
3 6 . On application a deputy commissioner may direct the issue o f a duplicate
pension certificate in any case w here satisfactory p roof is given o f the loss
destruction o f the original.
or
1028
BULLETIN OF TH E BUBEAU OF LABOR.
3 7 . (1 ) The minister or the commissioner or a deputy commissioner may at
any time cancel, suspend, or reduce any pension i f he considers it expedient so
to d o ; b u t'a n y decision o f a deputy com m issioner under this section shall be
subject to an appeal, in the time and in the manner prescribed, to the minister,
w hose decision shall be final and conclusive.
(2 ) W here any decision canceling, suspending, or reducing a pension has
been given under this section, the deputy comm issioner shall indorse the pen
sion certificate accordingly.
3 8 . (1 ) A t any time not being sooner than one month before the expiration
o f each year (com puted from the date o f the commencement o f the pension),
during w hich the pension certificate rem ains in force, each pensioner shall file
w ith the registrar o f his district, unless exempted by the registrar, a statement
showing the am ount o f incom e received by him during the preceding twelve
months, and such other particulars as are prescribed.
(2 ) I f upon receipt o f the statement the registrar is satisfied that the pen
sioner is entitled to a continuation o f the pension, he shall n otify the deputy
commissioner accordingly, and the deputy comm issioner m ay authorize the con
tinuation o f the pen sion ; but i f he is not so satisfied he shall refer the statement
to a m agistrate fo r investigation, and thereupon the procedure la id dow n by this
act in relation to investigations by a magistrate shall apply.
DIVISION
3.— PAYM EN T
OF PENSIONS.
3 9 . (1 ) Each installment o f pension shall be payable fortn igh tly at an office
named in the pension certificate.
(2 ) On application, the office may be changed from tim e to time by the
registrar, and every change o f office shall be recorded by the registrar on the
certificate.
4 0 . (1 ) Subject to this act, each installment shall be applied fo r and payable
at any tim e w ithin twenty-one days after its due date on the personal applica
tion o f the pensioner and the production o f his pension certificate to the officer
in charge at the office named therein.
(2 ) In default o f strict com pliance by the pensioner w ith the provisions o f
the last preceding subsection, the installment shall be deemed to be forfeited
unless the forfeitu re is w aived as provided in the n ext follow in g subsection.
(3 ) A deputy commissioner or a registrar may w aive any such forfeitu re in
any case where after investigation he is satisfied—
(a) That, i f the forfeitu re w as occasioned by default o f personal application
fo r payment, or o f application within the prescribed time, the default w as due
to the pensioner's illness or debility or tem porary absence from the locality in
w hich the pension is payable, or other sufficient c a u se ; or
(b ) That, i f the forfeitu re w as occasioned by default in producing the pension
certificate, the default w as due to its being lost or destroyed.
(4 ) Except in special cases o f the pensioner's illness or debility, it shall not
be law fu l fo r the deputy commissioner or a registrar to w aive the forfeitu re o f
an installment tw ice consecutively to the same pensioner; and in no case shall
forfeitu re be w aived unless w aiver is applied fo r w ithin the prescribed time.
4 1 . Subject to this act a pension shall be absolutely inalienable whether by
w ay or in consequence o f sale, assignment, charge, execution, insolvency, or
otherwise howsoever.
4 2 . (1 ) Every pension shall be deemed to be granted and shall be held subject
to all the provisions o f this act and to the provisions o f any other act amending
or repealing or in substitution fo r this act w hich may at any time be passed,
and no pensioner shall have any claim fo r compensation or otherw ise by reason
o f his pension being affected by the operation o f this act or any such other act.
(2 ) A notification o f the last preceding subsection shall be printed on every
pension certificate.
4 3 . (1 ) W henever the deputy comm issioner is satisfied that, having regard
to the age, infirmity, or im providence o f a pensioner, or any other special cir
cumstances, it is expedient that payment o f any installments o f the pension
be made to any other person, a w arrant to that effect shall be issued by the
deputy commissioner, and transm itted to the person authorized therein to
receive paym ent
OLD-AGE AND INVALIDITY PENSION LAW S— AUSTRALIA.
1029
(2 ) Subject to the regulations and to the directions and limitations, i f any,
contained in the warrant, the person named therein shall be entitled on its
production to receive payment o f the pension.
(3 ) A w arrant issued by the deputy commissioner under this section may at
any time be revoked by the deputy commissioner upon notice to the person to
w hom it w as issued and to the officer in charge o f the office at w hich the pen
sion is payable.
4 4 . W here, in the opinion o f a registrar—
(a ) A pensioner misspends any part o f his pension or misspends, wastes, or
lessens any part o f his estate or o f his incom e or earnings, or injures his health,
or endangers or interrupts the peace and happiness o f his fa m ily ; or
(b ) A claim ant or a pensioner is unfit to be intrusted w ith a pension,
the deputy commissioner may, on the report o f the registrar, make an order
directing that until further order the installments shall be paid to any benevo
lent or charitable society, minister o f religion, ju stice o f the peace, or other
person named by the deputy commissioner fo r the benefit o f the pensioner, or
suspending the pension certificate pending the decision o f the minister thereon,
or directing the forfeitu re o f so many o f the installments as the deputy com
missioner thinks fit.
4 5 . I f a pensioner becomes an inmate o f an asylum fo r the insane or a hos
pital, his pension shall, w ithout further or other authority than this act, be
deemed to be suspended, but when the pensioner is discharged from any such
asylum or hospital, payment o f his pension shall be resumed, and he shall be
entitled to payment, in respect o f the period during w hich his pension w as so
suspended, o f a sum representing not more than fou r weeks’ installments o f
the pension, i f the suspension so long continued.
4 6 . (1 ) I f a pensioner departs from Australia, and it is proved to the satis
faction o f the registrar o f the district in w hich he resided im mediately prior
to his departure, after notice given to the pensioner in the prescribed manner
and form that the pensioner does not intend to return to Australia, the regis
trar shall n otify the deputy commissioner accordingly, and upon such notifica
tion being received by the deputy commissioner, the pension shall, w ithout
further or other authority than this act, be deemed to be forfeited.
(2 ) A ny pensioner whose pension has been forfeited under the preceding sub
section may make application in the prescribed form fo r w aiver o f the fo r
feiture, and the registrar, upon being satisfied that the pensioner has either
returned to Australia or is absent therefrom only tem porarily, may n otify
the deputy commissioner to that effect, and thereupon the pension shall become
payable to the pensioner as if it had never been forfeited.
(3 ) F or any period during w hich a pensioner is in prison his pension shall,
w ithout further or other authority than this act, be deemed to be forfeited,
w ithout prejudice, however, to any application fo r restoration o f the pension
to the pensioner upon his discharge from prison.
4 7 . I f a successful claim ant o f a pension is an inmate o f a benevolent asylum
or other charitable institution, the pension shall become payable as from a date
not more than 28 days prior to the pensioner being discharged from or leav
ing the asylum or institution, but no payment on account o f pension shall be
made to him so long as he is an inmate o f the asylum or institution.
4 8 . The follow in g provisions shall apply to the payment o f installments o f
pen sion s:
(a ) The officer in charge o f an office at w hich a pension is payable may, if
he thinks fit, require the applicant fo r payment to prove his identity, but, sub
ject to the regulations, he may accept the production o f the pension certificate
as sufficient evidence that the person producing it is the person entitled to
paym en t;
(b ) W hen making the payment the officer shall record on the pension cer
tificate the date and fa ct o f the payment, and shall also require the person
receiving the payment to give a receipt therefor in the prescribed fo r m ; and
( c ) A receipt so given shall be sufficient evidence that the payment to which
it purports to relate has been duly made, and no claim against the Common
w ealth or the officer shall thereafter arise or be made in any court or proceed
ing w hatsoever by the pensioner or any person whomsoever in respect thereof.
1030
BULLETIN OF TH E BUREAU OF LABOR.
P ar t V I.— O f f e n s e s .
4 9 . No person shall—
(a )
B y means o f any w illfu lly false statement or representation obtain a
pension certificate or pension or affect the rate o f any pension fo r which he is
a claim ant; or
(ft) B y any unlaw ful means obtain payment o f any forfeited or suspended
installment o f pension; or
( c ) B y means o f personation or any fraudulent device whatsoever obtain
payment o f any installment o f pen sion ; or
(d ) B y any w illfu lly false statement or representation aid or abet any person
in obtaining or claim ing a pension certificate or pension, or installment o f a
p en sion ; or
(e ) W illfu lly lend his pension certificate to any other person.
P en alty: Six months’ imprisonments
5 0 . In the case o f a conviction under the last preceding section the court, in
addition to imposing the punishment thereby prescribed, m ay also, according to
the circumstances o f the case, by order—
(a )
Cancel any pension certificate w hich is proved to have been w rongfully
obtained; or
(ft) Im pose a penalty not exceeding tw ice the amount o f any installment the
payment o f w hich has been w rongfully ootained, and, i f the defendant is a
pensioner, direct the forfeitu re o f future installments o f his pension equal in
am ount to the penalty and in satisfaction thereof.
5 1 . (1 ) When a pensioner is in any court convicted o f drunkenness, or o f any
offense punishable .by imprisonment fo r not less than one month, then, in
addition to any other punishment imposed, the deputy commissioner may, by
order, fo r fe it any one or m ore o f the installments fallin g due after the date
o f the conviction.
(2 ) W here a pensioner is tw ice w ithin tw elve months convicted o f any
offense punishable by imprisonment fo r not less than one month, or where any
pensioner is convicted o f any offense punishable by im prisonment fo r tw elve
months or upwards, then, in lieu o f forfeitin g any installment o f the pension,
the deputy commissioner shall, by order, cancel the pension certificate.
(3 ) In any case where any pension certificate is canceled by the deputy com
missioner, the pension shall be deemed to be absolutely forfeited, and the cer
tificate shall be delivered up to the registrar and forw arded by him to the
deputy commissioner.
5 2 . (1 ) Notwithstanding that a pensioner has not been convicted o f drunk
enness, a registrar may, and, i f so requested by the deputy commissioner, shall,
a t any tim e summon any pensioner to appear before a magistrate to show cause
w hy his pension should not be canceled, reduced, or suspended fo r a tim e on
account o f his drunken, intemperate, or disreputable habits; and at the time
and place mentioned in the summons the m agistrate may, i f he thinks fit,
recommend to the deputy commissioner the cancellation, reduction, or suspen
sion o f the pension.
(2 ) The deputy commissioner shall, i f he thinks fit, cancel, reduce, or suspend
the pension accordingly.
P ar t V II.— M isc e l la n e o u s .5
4
3
5 3 . The m inister shall, out o f moneys to be from tim e to tim e appropriated by
Parliam ent fo r the purpose, pay all such m oneys as are necessary fo r the pay
ment o f pensions under this act, and payments shall be made in the prescribed
manner.
5 4 . The m inister shall, within sixty days after the close o f each financial year,
prepare and lay before Parliament, i f in session, and i f not, then w ithin forty
days after the commencement o f the next session, a statement showing fo r such
year—
(a ) The total am ount paid under this act in respect o f pensions;
(ft) The total number o f pensions; and
(c ) Such other particulars as are prescribed.
5 5 . The Governor-General may make regulations not inconsistent w ith this
act, prescribing all m atters w hich by this act are required or permitted to be
prescribed, or w hich are necessary or convenient to be prescribed fo r giving
OLD-AGE AND INVALIDITY PENSION LAW S— AUSTRALIA.
1031
effect o f this act, and in particular in regard to all or any o f the follow ing
m a tters:
(a) The pow ers and duties o f the commissioner and officers;
(&)
The form s o f pension claim s and o f applications or declarations relating
thereto, and the times within w hich they are to be made or g iv en ;
( c ) The registering and numbering o f pension claim s and particulars in
regard th ereto;
(d) The form s o f pension certificates;
(e ) The mode o f valuing properties;
( / ) Proceedings before magistrates or registrars;
(g) The form s o f receipt to be given fo r any pen sion ; and
(h) The delivery up and recovery o f pension certificates canceled or sus
pended or lapsed on death or fo r any other reason.
56.
(1 ) A ll courts, judges, and m agistrates acting ju d icia lly shall take ju d i
cial notice o f the signature o f the minister or commissioner or any deputy
commissioner or registrar, or o f any person acting in any o f such offices, to
every document required to be signed fo r the purposes o f this act or any
amending a c t ; and such docum ents purporting to be so signed shall be received
by such courts, judges, and magistrates as prima facie evidence o f the facts
and statements therein contained.
(2 ) A statement in w riting purporting to be signed by the commissioner that
any person is a pensioner in receipt o f a pension o f a certain rate shall be
prima facie evidence that the person is a pensioner In receipt o f a pension and
o f the rate thereof.
Assented to June 10, 1908.
AN A C T TO AM END T H E IN V A L ID AN D OLD-AGE PEN SIONS ACT, 1908.
P a r t I.— I ntroductory .
1. (1 ) This act m ay be cited as the Invalid and Old-Age Pensions Act, 1909.
(2 ) The Invalid and Old-Age Pensions Act, 1908, is in this act referred to as
the principal act.
(3 ) The principal act, as amended by this act, may be cited as the Invalid
and Old-Age Pensions Act, 1908-9.
(4 ) The Iiivalid and Old-Age Pensions Act, 1908-9, shall be deemed to have
commenced on the 15th day o f April, 1909.
2 . Subsection (2 ) o f section 4 o f the principal act is repealed.
P art II.— A d m in is t r a t io n .
3 . A fter section 5 o f the principal act the follow in g section is in serted:
“ 5a. (1 ) There m ay be an assistant commissioner o f pensions, who shall
have such pow ers as are delegated to him by the commissioner or as are pre
scribed.
“ (2 ) The com m issioner may, by w riting under his hand, delegate to the
assistant commissioner all or any o f his pow ers under this act.
“ (3 ) Every delegation under this section shall be revocable at w ill, and no
delegation shall prevent the exercise o f any pow er by the commissioner.,,
4 . Section 6 o f the principal act is amended by adding at the end thereof the
follow in g p roviso:
“ Provided, That w here the commissioner places a district situated in any
State under the control o f the deputy commissioner fo r another State, the
deputy commissioner under whose control the district is placed shall exercise
and perform in relation thereto all the powers, functions, and duties o f a
deputy commissioner.”
5 . Section 10 o f the principal act is amended by adding at the end thereof the
follow in g subsection:
“ (3 ) It shall not be necessary to define specifically the boundaries o f any
district, but a general indication o f the locality intended to be included in a
district shall be sufficient.”
6 . Section 11 o f the principal act is repealed, and the follow in g section substi
tuted in lieu th ereof:
“ 11. (1 ) The Governor-General may appoint such registrars o f pensions as he
thinks necessary fo r the purposes o f this act.
1032
BULLETIN OP T H E BUREAU OP LABOR.
“ (2 ) Each registrar shall have power to adm inister oaths and shall have
such other powers and such duties and functions as are conferred or imposed
upon him by this act.”
7 . Section 12 o f the principal act is amended by omitting the w ords “ the reg
istrar fo r any d is tr ic t” and inserting in lieu thereof the w ords “ each regis
trar.”
8 . Section 13 o f the principal act is amended—
(a ) B y inserting after the w ords “ the comm issioner ” the w ords “ the assist
ant com m issioner; ” and
(b ) B y om itting the w ords “ and registrars."
9 . A fter section 13 o f the principal act the follow ing section is in serted :
“ 13a. The Governor-General may appoint such special magistrates o f the
Com monwealth as he thinks necessary fo r the purposes o f this act.”
P a r t III. — O ld -A ge P e n s io n s .
1 0 . Section 15 o f the principal act is amended—
(a) B y om itting from subsection (3 ) the w ord “ p a id ” and inserting in lieu
thereof the w ord “ g ra n ted; ” and
(b ) By om itting from subsection (3 ) the w ords “ is certified by a registrar
pursuant to this act, and.”
1 1 . Section 16 o f the principal act is amended by inserting at the end o f sub
section (1 ) the follow in g proviso:
“ Provided, That a person who is or becomes a naturalized subject o f the K ing
on or before the 30th day o f June, 1910, shall not be disqualified from receiving
an old-age pension by reason only o f the fa ct that he has not been naturalized
fo r the period o f three years next preceding the date o f his pension claim .”
1 2 . (1 ) Section 17 o f the principal act is amended by om itting from para
graph (b ) the w ord “ tw en ty-five” and inserting in lieu thereof the w ord
“ twenty.”
(2 ) W here an old-age pension is granted upon a claim made, w ithin sixty days
a fter the passing o f this act, by any person who on the 1st day o f July, 1909, has
resided in A ustralia continuously fo r at least twenty but less than twenty-five
years, the. claim may be deemed, fo r the purpose o f determining the date o f the
commencement o f the pension, to have been made on the 1st day o f July, 1909.
1 3 . Section 18 o f the principal act is amended by inserting after subsection
(1 ) thereof the follow in g subsection:
“ ( l a ) Continuous residence in Australia shall not be deemed to have been
interrupted by absence in a T erritory under the authority o f the Commonwealth,
o r in any B ritish possession w hich becomes a T erritory under the authority o f
the Commonwealth.”
P a r t IY .— I n v a l id P e n s io n s .
1 4 . Section 23 o f the principal act is amended—
(a ) By om itting from subsection (1 ) the w ord “ an n ually; ”
(b ) By omitting from subsection (2 ) the w ords “ in the prescribed form ,
w hether the claim ant is permanently incapacitated fo r any work, giving the
prescribed particulars. In his final determination the commissioner or deputy
com m issioner shall be guided by the certificate o f the medical p ractition er; ” and
( c ) By inserting in subsection (2 ), in lieu o f the w ords omitted therefrom , the
w ords “ whether in his opinion the claim ant is permanently incapacitated fo r
w ork, and shall state the grounds upon w hich his opinion is founded.”
P a r t Y .— I n v a l id
DIVISION
and
O ld -A ge P e n s io n s .
2.— PENSION
CLAIM S.
1 5 . Section 38 o f the principal act is repealed, and the follow in g section sub
stituted in lieu th ereof:
“ 38. (1 ) W henever required by the commissioner or the deputy commissioner,
each pensioner shall send to the deputy com m isisoner a statement in the pre
scribed form relating to his incom e and accum ulated property.
“ (2 ) I f upon investigation the commissioner or the deputy com m issioner is
satisfied that the pension should be discontinued, or that the rate o f the pension
is greater or less than it should be, he may discontinue the pension or reduce
o r increase the rate o f pension accordingly.”
OLD-AGE AND INVALIDITY PENSION LAW S— AUSTRALIA.
1033
1 6 . A fter clause 38 o f the principal act the follow in g clause is in serted :
“ 38a. (1 ) Every magistrate may, for the purposes o f any investigation or
inquiry under this act—
“ ( a ) Summon w itnesses;
“ ( 5 ) Receive evidence on oath ; and
“ ( c ) Require the production o f documents.
“ ( 2) No person w ho has been summoned to appear as a witness before a
magistrate shall, w ithout law fu l excuse, and after tender o f reasonable ex
penses, fail to appear in answer to the summons.
“ Penalty, £20 [$97.33].
“ (3) No person who appears before a magistrate as a witness shall, w ithout
law ful excuse, refuse to be sworn, or to make an affirmation, or to produce
documents, or to answer questions w hich he is law fully required to answer.
“ Penalty, £50 [$243.33].
DIVISION
3.— PAYM EN T
OF PENSIONS.1
7
1 7 . Section 39 o f the principal act is repealed, and the follow in g section sub
stituted in lieu th e r e o f:
“ 39. (1 ) Pensions shall be paid in fortnightly installments.
“ ( 2) In order to ascertain the amount o f an installment o f a pension covering
a period o f a fortnight the annual pension shall be divided by 26.
“ ( 3) The installment o f a pension covering a period o f less than a fortnight
shall be in proportion to the number o f days o f a fortnight.
“ ( 4) Installm ents o f pensions shall be payable at an office named in the
pension certificate or at any place directed by the deputy commissioner.
“ (5) The office or place o f payment may be changed in the manner prescribed.”
Assented to August 13,1909.
REVIEW OF LABOR LEGISLATION OF 1910.
BY LINDLEY D. CLARK, A. M ., LL. M.
INTRODUCTION.
The Twenty-second Annual Report of the Commissioner of Labor
presented a compilation of the labor laws of the United States and of
the various States and Territories in force at the close of the year
1907. The text of these laws was in the main reproduced in full,
though those relating to a few subjects were presented in the form of
digests and summaries. Bulletin No. 85 of the Bureau contains legis
lation enacted at the sessions of the various legislative bodies of the
United States during 1908 and 1909, making it, in effect, a supplement
to the Twenty-second Annual Report. Reference to the laws con
tained in the Report and in the Bulletin is made possible by the use of
a cumulative index appearing in the Bulletin, covering both publica
tions. The present Bulletin contains the legislation enacted in 1910,
with the exception of that for Georgia and Vermont, which is not
yet available. There were regular legislative sessions in 15 States
and Territories during the current year, besides three extra sessions
and the session of the United States Congress of 1909-10. The
acts of the Philippine legislature for 1909 are included in the present
compilation.
In reviewing the legislation for the current year, the outstanding
feature is that relating to the compensation of employees for injuries
resulting from industrial accidents. The wide interest in this subject
is shown not only by the laws actually written on the statute books
of a few States, but also by the fact that in a number of States and by
the federal Congress commissions have been appointed to inquire
into the best methods of adjusting the question of compensation or
damages in cases of injuries to workmen.
The legislature of New York has not only taken the lead by enact
ing the first state compensation laws properly so designated, but it
has created a unique bureau in its department of labor, to which has
been given the title “ Bureau of Industries and .Immigration.” This
bureau, as its name indicates, is concerned with the large body of
immigrant labor coming yearly to the State. The other novel legis
lation for the year relates to the protection of public interests by
the requirement of licenses or certificates of competency for persons
1034
REVIEW OF LABOR LEGISLATION OF 1910.
1035
engaged as operators of moving-picture machines in two of the large
cities of the country, and as chauffeurs in one State. The regulation
of child labor continues to receive a considerable degree of legislative
attention, apparent chiefly this year in the matter of regulating mes
senger service and the restriction of night work.
In the following review attention will be called to the principal fea
tures of the new legislation enacted and to the changes made in the
existing laws by amendatory or supplemental acts: (a)
COMMISSIONS.
An indication of the purpose of the legislatures to act on carefully
determined facts is given by the number of commissions that were
authorized for the purpose of investigating assigned subjects and
reporting to subsequent sessions of the legislatures the results of
the investigations, together with drafts of proposed bills or acts. As
indicated above the question of employers’ liability and workmen’s
compensation stands first, five such commissions having been pro
vided for this year, while the New York legislature (ch. 5) appro
priated an additional $20,000 for the use of the commission of that
State to continue its inquiry into the subjects assigned to it, which
included workmen’s compensation and the question of unemploy
ment. It may be noted in this connection that the commission
made a report on the subject of workmen’s compensation and sub
mitted two bills to the legislature, both of which were enacted into
law and will be considered under their proper heads. The States
creating commissions this year are Illinois (p. 1), Massachusetts (res.,
ch. 120), New Jersey (joint res. No. 2), and Ohio (p. 231), besides
the federal Congress (joint res. No. 41). The Illinois commission
consists of 12 members appointed by the governor and is charged
with the duty of investigating industrial accidents, the liability law
of the State, and the most equitable and effectual methods of com
pensating industrial accidents. A report and drafts of bills are
directed to be submitted to the governor on or before September 15,
1910, for transmission to the legislature; an appropriation of $10,000
was made to cover the expenses of this commission. A similar
appropriation was granted a commission in Massachusetts consisting
of 5 persons who should investigate the laws of other States and
countries and their operation, and present the results in a report
and drafts of acts on or before the second Wednesday in January,
1911. The New Jersey commission was composed of 2 represen
tatives each of employers and of workingmen, together with 1
a References are, in most cases, to the serially numbered chapters or acts as pub
lished in the volumes of the session laws for the year. For a few States, however,
references are to the page of the volume of laws, there being no consecutive num
bering of the acts.
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member of the senate and 1 of the house; these are to study foreign
laws and draft a compensation bill for consideration by the next
legislature; $1,000 was appropriated as an expense fund. The Ohio
commission is similarly representative of employers and employees,
a fifth member to be an attorney at law. They were similarly charged
as to the nature of their duties and directed to produce a bill for
consideration at the opening of the next session. No special appro
priation was made for this commission, but actual and necessary
expenses are to be paid from the public funds. The federal com
mission consists of 2 Senators, 2 Representatives, and 2 persons
appointed by the President to investigate and report on or before
the date of the opening of Congress in 1911; an appropriation of
$15,000 was made for the expenses of this commission.
The question of old-age pensions has been but little discussed in
this country, but the legislature of New Jersey (joint res. No. 1)
directed the appointment of a commission to investigate the subject
and report a draft of a bill which should present a plan for industrial
old-age pensions for the consideration of the legislature at its next
session; while in Massachusetts the director of the bureau of sta
tistics was instructed by a resolution of the legislature (res., chap.
160) to study the cost to the counties and to the State of the operation
of certain retirement systems which were proposed to be applicable
to state and county employees. This report is to be in readiness on
the first Wednesday in January, 1911.
Other subjects receiving similar attention were those of employ
ment agencies by a commission appointed in accordance with a resolve
of the Massachusetts legislature (res., ch. 146), which was directed
to make a study of the workings of private employment agencies,
and also to report on the question whether or not the public employ
ment agencies should attempt to place farm labor. An appropriation
of $2,000 for expenses was made and a report directed by January 11,
1911. In the same State a commission of 5 persons was author
ized to investigate the question of factory inspection as a protection
to employees in factories and workshops and present drafts of bills
at the opening of the next legislative session (res., ch. 56). This
commission is authorized to expend $5,000 in the prosecution of its
work. The question of occupational diseases was made the subject
of an investigation by a commission appointed in accordance with a
joint resolution of the Illinois legislature of 1907, the employments
named including those in mercantile establishments, factories, mills,
workshops, mining, railroads, the generation of electricity, and elec
trical construction work. No appropriation was made to meet the
expenses of this commission in 1907, but at the next session of the
legislature $15,000 was appropriated for the expenses of the members,
REVIEW OF LABOR LEGISLATION OF 1910.
1037
and in 1910 (p. 82) the employment of clerks, experts, and a secre
tary was authorized. Coming under this general head is the investi
gation of the iron and steel industry ordered by a resolution of the
Senate (S. Res. No. 237) to be made by the United States Bureau of
Labor as to the conditions of employment in the iron and steel
industry of the United States. The cost of living attracted the atten
tion of the legislatures of Massachusetts (ch. 134) and Ohio (joint
res., p. 440), both of which provided for commissions to report during
the current session on the question of prices, the Massachusetts law
calling for a comparison of prices with wages and income and the
effect of tariff laws on wages, income, and cost of living. This com
mission was authorized to spend $15,000 in its work. The Ohio
commission was to investigate the purchase, storage, and sale of com
modities, the questions of agreements, combinations, and of trans
portation, and in general to discover if possible the cause or causes
of advances in the prices of commodities.
REGULATION OF THE CONTRACT OF EMPLOYMENT.
The single law to be classed under this head is one that affects
the matter only indirectly, being an enactment by the Massachusetts
legislature (ch. 445) requiring employers advertising for labor to
give notice of strikes existing among their employees, if such there be.
EXAMINATION AND LICENSING OF WORKMEN.
The legislature of Kentucky (ch. 24) repealed section 165a, Ken
tucky statutes of 1903, requiring the examination and registration
of barbers. No new law was enacted on this subject, so that no
restriction now exists by state law in Kentucky on this subject.
Maryland has had on its statute books for a number of years a law
requiring plumbers seeking employment in the city of Baltimore to
secure licenses before engaging in their work. By an act of the
recent legislature (ch. 436, p. 155) the provisions of such a law are
extended to the entire State. Two classes of certificates are pro
vided for, one for masters and one for journeymen. The board of
examiners is also authorized to fix different standards for different
parts of the State according to its judgment as to local needs and
conditions. A change of minor importance in the Massachusetts
law on the subject was effected by an act (ch. 597), which provides
a mode for the renewal of existing licenses.
The Maryland legislature dealt with stationary engineers in the
same manner as with plumbers, as indicated above, extending a
law formerly applicable only to the city of Baltimore to the entire
State (ch. 662, p. 615). Four classes of certificates are provided
for, according to the power or capacity of the engines and plants in
which the engineer is to be employed.
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The Ohio legislature amended in various details the law of that
State governing the examination and licensing of steam engineers
(p. 361); it also provides by another act (p. 324) for the examination
and licensing of operators of steam boilers of over 30 horsepower
capacity, the license to be renewed annually.
The Kentucky legislature (ch. 48) amended the law of 1908 on the
subject of the examination and licensing of mine foremen by requiring
certificates for foremen in mines employing 15 or more men instead
of those employing 10 or more as before. Foremen are divided into
three classes, the first of whom may act as foremen in any mine, the
second in any nongaseous mine, and the third in nongaseous mines
in which not more than 25 men are employed.
New legislation in Maryland (ch. 693, p. 603) and in New York
(ch. 654) requires the examination and licensing of operators of
moving-picture machines in the cities of Baltimore and New York,
respectively. These certificates are to be issued only after examina
tion and are to be valid for but one year. Operators must be at least
21 years of age, and the New York law requires that they shall be
citizens of the United States. In the State of New York also the
examination and licensing of chauffeurs is directed (ch. 374, sec.
289), licenses to be renewed annually, and no person under 18 years
of age to be permitted to act in the capacity indicated. Badges are
required to be worn, and a penalty is provided for the improper or
unauthorized use of the license or badge of any person.
PUBLIC SERVICE.
The question of the discharge from service of the employees of
municipalities in the State of New Jersey is the subject of a statute
(ch. 25) which directs that after five years of service no removal,
discharge, or reduction shall be made of any public-service employee
unless for inefficiency, unbecoming conduct, or other just cause,
without a written statement of the reasons and an opportunity to
reply. In New York (chs. 679, 680) provision is made for leave
of absence of municipal employees, the first law adding the depart
ment of education to the list of offices in the city of New York which
were authorized by chapter 559, Acts of 1909, to grant vacations to
their employees, and fixes two weeks instead of one as the maximum
vacation that may be allowed per diem employees; the second law
authorizes the granting of vacations of not less than two weeks with
pay to all employees of the boards of the State or of any county, city,
or other civil subdivision of the State who have been employed for
at least one year. Vacations of greater length than two weeks may
be granted according to circumstances in particular cases.
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WAGES.
The question of the rate of wages of employees on public works in
the city of Baltimore is dealt with by an act of the Maryland legisla
ture (ch. 94, p. 642) which fixes the minimum wages at $2 per day
for all laborers, workmen, and mechanics employed directly by the
mayor and city council, and directs that current rates of wages shall
be paid by contractors with the city.
The Oklahoma statute relating to the weighing of coal at mines is
amended (ch. 7) by directing that all coal mined shall be accurately
weighed before being screened or placed in railroad cars, these qualifica
tions as to method and time of weighing being incorporated in the
existing law.
The time of the payment of wages is considered by a statute of
Maryland (ch. 211, p. 876) which extends to all employers, instead
of to corporations only, the application of the law requiring miners in
Garrett County to be paid twice monthly. If an earlier day than that
designated by the statute is used as a pay day, 3 days’ notice thereof is
to be given. A New York law (ch. 317) directs semimonthly pay
ment of the wages of state employees, and specifically permits such
wages to be garnisheed. The Massachusetts statute directing that
the wages of discharged employees should be paid in full on the next
pay day following the day of discharge is amended (ch. 350) by the
requirement that payment shall be made on the day of discharge
except in the city of Boston, where it is to be made as soon as the
law as to the verification of pay rolls shall have been complied with.
The federal Congress enacted a law (ch. 422) for the District of
Alaska, giving all miners, laborers, cooks, engineers, and foremen
engaged in or about mines a Hen for a year’s wages. This lien is to
attach to any dump or the dust and minerals gathered and is prior to
any deed, mortgage, bill of sale, or attachment. N 9tice is to be filed
in 90 days from the completion of the work and action is to be brought
within 90 days of the filing of the claim. Costs of action are allowed,
including attorneys’ fees. A New Jersey statute (ch. 283) permits
any employee of a contractor who refuses to pay the wages due such
employee to notify the owner or principal of the fact of such refusal,
whereupon the latter shall verify the claim of the employee, and if it
be found correct the owner or principal shall pay the debt and take a
receipt, which shall act as an offset on subsequent payments to the
contractor. The preference of wage debts over other claims in cases
of the insolvency of the debtor is provided for by an act of the Phifippine legislature of 1909 (No. 1956), in which it is set forth that wage
debts shall be paid after the expenses of administration, funeral
expenses of the debtor, his wife, or children under parental authority,
and taxes or other debts due the government have been provided for.
64181°— No. 91— 11----- 12
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Statutes of Louisiana (No. 28) and Oklahoma (ch. 14) forbid the
sending of wage claims outside the State for the purpose of suing on
them in other States. Assignments of wages are regulated by laws of
Massachusetts (ch. 563) and New Jersey (ch. 269), the laws requiring
that the assignment must be accepted in writing by the employer
before it shall be regarded as valid, that it shall be filed with the clerk
of the municipality, and that an assignment by a married assignor is
not valid unless his wife shall give her consent thereto in writing.
The Massachusetts statute is an amendment to a prior law, while the
New Jersey law is independent. The latter relates further to the
business of wage brokers, who are required to procure a license, the fee
for which ranges from $150 to $500, according to the class of the
borough or city in which the business is to be carried on, restricts the
interest rate to not over 12 per cent per annum, and requires a record
of loans to be kept. A Louisiana law (No. 42) requires wage brokers
to pay an annual license fee ranging from $300 to $3,000, according to
the population of the place of business, and requires each office main
tained to be furnished with a separate license.
HOURS OF LABOR.
The only legislation under this head enacted during the current
year relates to public employment, the State of Kentucky (ch. 123)
having enacted an 8-hour law applicable to all employment of laborers
and mechanics employed by contractors or otherwise on public works
within the State; while the federal Congress in the bill making appro
priations for the construction of vessels for the United States Navy
(ch. 378) authorized contracts for certain vessels and required the
8-hour law to be observed in their construction.
SUNDAY LABOR.
The Sunday labor law of Virginia was amended (chap. 42) by a pro
vision permitting the operation on Sunday within the State of inter
state freight trains not stopping at local stations for the interchange
of freight.
HOLIDAYS.
The legislature of Maryland adopted Labor Day (the first Monday
in September) as a legal holiday in that State (ch. 27, p. 32), while
the 12th of October, known as Columbus Day, was made a legal
holiday in Kentucky (ch. 9), Massachusetts (ch. 473), New Jersey
(ch. 68), Ohio (p. 34), and Rhode Island (ch. 528). A statute of
Mississippi (ch. 171) makes the 19th of January in each year a legal
holiday, that being the date of the anniversary of the birth of Gen.
Robert E* Lee.
R E V IE W
OF L A B O R L E G IS L A T IO N
O F 1910.
1041
INSPECTION OF FACTORIES, SAFETY APPLIANCES, ETC.
Practically all the laws enacted during the current year on this sub
ject are in the nature of amendments to existing legislation. Thus the
legislature of New York (ch. 106) amends its law relative to the installa
tion of hoods, pipes, and fans on grinding, polishing, and buffing wheels
by directing that such hoods, etc., shall be installed in all work on
baser metals and be used constantly, except in cases of wet grinding.
In the same State (ch. 461) the law as to provisions of escape in case
of fire is amended by prohibiting the obstruction of any door, window,
or other opening by stationary metal bars, grating, or wire mesh.
Where such appliances are in use they must be readily removable from
the inside, and any order by the commissioner of labor for the removal
of such bars or grates must be immediately obeyed. In Rhode
Island (ch. 549) if passenger elevators do not allow egress in any
position whatever, means must be provided for egress from the roof
of the elevator. The enforcement of the sanitary provisions of the
inspection laws of Massachusetts is transferred (ch. 259) from the
inspection department of the district police to a state inspector of
health. This State (ch. 543) also extends its law relative to the
humidity of workrooms, by directing the installation of wet and dry
bulb thermometers, unless hygrometers or other devices are already
in use, by means of which the temperature and the degree of humidity
of the air may be determined and regulated. Regular observations are
to be made, and a prescribed scale of relative standards of temperature
and humidity is incorporated in the statute. The New York legislature
(ch. 229) a m e n d e d the e x is t in g law by m a k in g m o r e d e t a ile d pro
vision as to the furnishing of wash rooms and water-closets in fac
tories and shops, and added a provision requiring a sufficient supply
of clean and pure drinking water to be piped directly to the place of
use or to be kept in suitable receptacles. Another law of this State
(ch. 114), relating to sanitation of factories and workrooms, requires
floors to be kept in a safe, clean, and sanitary condition, and pro
hibits spitting on the floors, stairs, and walls. Sanitary cuspidors
are to be furnished in the discretion of the commissioner, and where
used they are to be cleaned daily; receptacles must also be provided
for the storage of waste and refuse. In Maryland (ch. 724, p. 139)
the daily sprinkling of the floors of all shirt factories is prescribed.
A Virginia statute (ch. 14), applicable to factories, workshops, mercan
tile establishments, or offices where two or more children under 18, or
women are employed, requires that such places shall be kept clean
and free from effluvia from any drain, privy, or nuisance, and have
proper and accessible water-closets. In the same State (ch. 6) city
boards of health are directed to supervise public laundries and wash
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houses in cities, and not permit the employment of persons with infec
tious or contagious diseases therein. No one is to sleep in the rooms
used in any such work, and all rooms are to be properly drained and
ventilated. A statute of Ehode Island (ch. 576) adds two assistant
inspectors to the inspection force of that State, increases the general
expense fund from $2,000 to $2,300, and adds sections containing
provisions applicable to bakeries, confectioneries, and ice-cream estab
lishments and their products.
MINE REGULATIONS.
The legislature of Kentucky in a law (ch. 69), the preamble of
which referred to the importance of the work of inspection, raised
the salaries of assistant mine inspectors in the State from $1,200 to
$1,500 per annum. The same State (ch. 43) directed the state
mine inspector to purchase six sets of life-saving apparatus, helmets,
oxygen tanks, etc., for use in the rescue of miners in case of accident.
The legislature of Illinois (p. 2) authorized the establishment of one
rescue station in each of the three principal mining districts of the
State, to be equipped with apparatus and appliances which would
enable them to serve as fire-fighting and rescue stations. A manager
is to be appointed at each station, at which some one must be con
stantly on duty day and night throughout the year. A commission
appointed by the governor is to have charge of the location, con
struction, and equipment of the stations authorized, and the appoint
ment of the managers. The amount of $75,000 was appropriated
for the first year’s operations of this commission. An act of Congress
(ch. 240) created in the Department of the Interior a Bureau of
Mines to be under the control of a director, in which experts and other
employees are charged with the investigation of the methods of min
ing, particularly with a view to the safety of employees, the use of
explosives and electricity, and the prevention of accidents. No
authority is given this bureau in the matter of inspection of mines
in the States or the supervision of mines or metallurgical plants.
The Louisiana legislature created a department of mining and minerals
(act No. 254) with an inspector at its head who shall supervise mining
operations in the State, and especially the sinking of gas and oil wells,
and who shall see that every practicable precaution is taken for the
health and safety of workmen. The Ohio legislature enacted a codi
fication (p. 52) of the mine regulations of that State, embodying full
and detailed regulations, including the duties of inspector, the use of
electricity, and in general systematizing the provisions of various
prior enactments in the State. The law of Maryland relative to the
ventilation of mines is amended (ch. 361, p. 474) by a regulation
specifying the distance between cut throughs or crosscuts and restrict
ing the driving of workings in advance of ventilation. A statute of
REVIEW OF LABOR LEGISLATION OF 1910.
1043
Illinois (p. 84) is devoted to the subject of protection against fires in
mines. It requires a water supply with pipe connections, hose, and
automatic sprinklers reaching to the various shafts and working
places; also barrels, buckets, and chemical extinguishers in stables
and entries thereto. The construction of stables is regulated, and
the installation of telephone connections and electric gongs is directed.
Some of these provisions may be omitted in new mines if the hoisting
and escapement shafts are fireproofed. County commissioners are to
be asked to appoint county mine inspectors in counties where mines
exist, whose duty it shall be to assist the state inspector.
SAFETY APPLIANCES, ETC., ON RAILROADS.
The law of the United States (ch. 160) requires all cars subject
to the safety appliance law of 1893, hauled in trains after July 1,1911,
to have sill steps and hand brakes; cars requiring ladders and running
boards shall be equipped therewith and hand holds or grab irons shall
be suitably located at the top of the ladders. The Interstate Com
merce Commission is authorized to designate standards for these
various appliances, and may modify the existing standard height of
drawbars if in their judgment it shall seem best. Defective cars may
be hauled in trains for the purpose of reaching repair shops only at the
risk of the carrier. The Ohio law as to the blocking of frogs is
amended (p. 325) by inserting a requirement that the blocks or
plates shall be so placed and be of such design as will prevent the
wedging of the feet of employees and others, and shall be approved
by the state railroad commission before installation. Another law
of this State (p. 328) designates the style of construction of boilers
of locomotive engines, directs quarterly inspections to be made, and
authorizes the railroad commission to fix rules for inspectors both
for the determination of their competency and qualifications and as
to the methods according to which they shall perform their work.
Still another law (p. 330) directs that headlights on locomotives shall
be of such power as to render whistling posts, landmarks, etc., visible
at night at a distance of 350 feet. The same legislature passed a law
(p. 133) directing that caboose cars should have doors and platforms
at each end and should be equipped with guard rails, grab irons, and
steps; a similar law was passed by the Virginia legislature (ch. 278).
PROTECTION OF EMPLOYEES ON STREET RAILWAYS.
The South Carolina statute directing platforms on street railways
to be inclosed during the inclement season of the year is amended
(No. 287)#by limiting the time for compliance therewith to 60 days
instead of 6 months and gives to any citizen of a town prosecuting
violators of the law one-fourth the penalty as a reward. A new
provision calls for fenders on street cars and coaches. Another law
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BULLETIN OP T H E BUREAU OF LABOR.
of this State (No. 413) requires the inclosure of platforms on interurban electric lines during the months of November, December,
January, February, and March. An Ohio statute (p. 209) applicable
to street railways directs the installation of an air or electric brake
on street cars by or before January 1, 1913.
EMPLOYMENT OF CHILDREN AND WOMEN.
The school attendance of children between 7 and 16 years of age
was made compulsory by a statute of Kentucky (ch. 80), subject
to certain provisos, one of which is that they may be excused if they
hold an employment certificate, which may be granted to children
after they have attained the age of 14 years. As evidence of age, a
passport, birth certificate, or baptismal record is required, if available;
otherwise a certified copy under oath of a record in the family Bible
or other religious record may be submitted. Another law of this
State (p. 85) extends the scope of the child-labor law of 1908 to
cover employment in business and telegraph offices, hotels, restau
rants, apartment houses, and in the distribution of merchandise and
messages. Certificates are to be issued by the local superintendent
of schools, if there be one, otherwise by the county superintendent,
instead of by some person authorized by the school board, as pro
vided for by the earlier statutes. Other provisions for the strength
ening of the law were likewise enacted. The Massachusetts statutes
relative to the appointment of school physicians and the issuing of
age and schooling certificates were amended by an act (ch. 257)
which directs that as a condition to the issuing of such certificates a
certificate of health shall be furnished to applicants therefor by
school physicians, if they find on examination that the child is in
suitable physical condition; otherwise no employment certificate may
issue. A former provision of the law of this State restricted the
employment of children in the manufacture of dangerous acids.
This section is amended (ch. 404) by granting to the state board
of health the power to determine as to the effect on the health of
children under 18 years of age of their employment in any trade,
process, or method of manufacture or occupation, and to prohibit
employment therein in their discretion. The subject of street trades
is treated by an amendatory law (ch. 419), which subjects to
penalty persons who permit violation of the law if they have minors
under control, without reference to their relationship to the child or
their legal status; also penalizing persons employing minors in viola
tion of the law, or selling or furnishing articles to minors to be sold
by them when they have no license.
The law of New York relative to employments in which women and
children may not engage adds work at drill presses, metal and paper
cutting machines, and comer-staying machines in paper-box factories
REVIEW OF LABOR LEGISLATION OF 1910.
1045
to the list of forbidden employments (ch. 107). The law of this
State as to the employment of children in mercantile establishments,
offices, and as messengers is amended in a variety of details (ch.
387), as by extending the law to the employment of children under
16 years of age in bowling alleys, the distribution or sale of articles,
or employment as messengers, ushers, or checkers in places of amuse
ment, and permitting them to work only between 8 a. m. and 7 p. m .;
not more than 54 hours of service per week may be rendered. The
law is also made general instead of being restricted to cities of the
first class. Females between 16 and 21 may be employed in mercan
tile establishments 60 hours per week and 10 hours per day; this
restriction is waived only between December 18 and December 24 of
each year, instead of from December 15 to January 1 as heretofore.
The 10-hour day is also made applicable to work on Saturdays.
Any employee working after 7 p. m. is to be allowed at least 20
minutes for lunch between 5 and 7 o’clock.
In revising the school law of the State, the New York legislature
(ch. 140) designated the persons who may issue certificates of
attendance to children desiring to work, restricting the authority to
the principal or chief executive of a school in cities of the first class;
to the superintendent of schools in all other cities and in school dis
tricts having more than 5,000 population, where a superintendent is
employed; and to the principal teacher in all other school districts.
The Ohio statute regulating the employment of children is amended
in several respects (p. 310), one requirement being that school attend
ance is prescribed for 28 weeks per year instead of 24 weeks. To
become eligible for an employment certificate the child must pass
a fifth-grade test, and residents of other States employed in Ohio
are required to meet the conditions of the Ohio statute. Children
between 14 and 16 years of age ceasing to work during the school
term for any reason must return to school within 2 weeks unless
new employment is found. Before a certificate is issued the pros
pective employer must agree to employ the child lawfully and to
return the certificate to the school superintendent or other person
issuing the same within 2 days after the child leaves work or is dis
missed, with a statement of the reasons for the termination of the
employment. Part-time day schools may be established for children
at work who have not finished the eighth grade and provision made
for their attendance at least 8 hours per week between 8 a. m. and 5
p. m. If such children are not employed, they must attend school full
time until 16 years of age. Laws of Rhode Island (ch. 533) and
of New Jersey (ch. 277) regulate the hours of labor of children,
the former by striking out the exemption as to night work on Satur
days and the four days before Christmas; the same law requires the
employment certificate to state that the applicant is able to read
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BULLETIN OF TH E BUBEAU OF LABOB.
and write, fixes the evidence on which the certificate is issued, and
authorizes inspectors to make investigations in cases where they
doubt the accuracy of the statements contained in any certificate.
The New Jersey statute deferred to prohibits the employment of
children under 15 years of age between 6 o’ clock p. m. and 6 o’ clock
a. m. until July 4, 1911, after which date a similar prohibition will
apply to children under 16 years of age. The Maryland law limiting
the hours of labor of children is amended (ch. 607, p. 91) by fixing
the minimum penalty for employers violating the law at $100, onehalf of which is to go to the bureau of statistics and information,
which is charged with the enforcement of the law.
Messenger service is made the subject of special enactments in three
States. In Maryland (ch. 587, p. 66) no child below the age of 14
years may be employed as a messenger; children under 16 may not be
employed at such work between 8 p. m. and 8 a. m., and no minor
may be sent to a house of ill repute or questionable character. In
New York (ch. 342) minors employed as messengers in cities of the
first or second class may deliver no messages between 10 p. m. and
5 a. m .; while in Ohio (p. 240) messengers under 18 years of age may
not serve between the hours of 9 p. m. and 6 a. m.
The Virginia statute requiring seats to be provided for female
employees is amended (ch. 189) by requiring at least one seat for
each three females employed, and directing that the seats shall be so
placed as to be continually accessible, and that their use shall be
allowed to such extent as may be necessary for the preservation of
health.
EMPLOYERS’ LIABILITY AND WORKMEN’ S COMPENSATION.
The most important law of the year under this head was enacted
by the legislature of New York (ch. 674). This law designates
certain employments as dangerous and makes employers responsible
for injuries to employees caused or contributed to by the necessary
risk or danger of the employment, as well as by the failure of the
employer, his officers, agents, or employees to.exercise due care or
to comply with any law affecting the employment. The right of
action at common law or under existing statutes as to employers’
liability is not affected by this law, but the bringing of an action bars
the suitor from all claim for compensation under the provisions of
this law. Reciprocally, the receipt of benefits under the compensa
tion law bars the right of action. No compensation is to be paid for
injuries causing disability of less than 2 weeks’ duration. After the
second week of disability an injured employee shall receive 50 per
cent of his weekly pay, but no payment to amount to more than $10
per week nor to be continued for over 8 years. Medical examinations
and modes of settling disputes are provided for in the statute. Pro
portionately reduced payments are to be made where incapacity is
REVIEW OF LABOR LEGISLATION OF 1910.
1047
only partial. In case of the death of the injured person, the widow
or next of kin wholly dependent upon the deceased is to receive an
amount equal to 1,200 times his daily earnings, but not to exceed
$3,000. Persons partially dependent receive amounts proportion
ately less, and if no dependents survive only medical and burial
expenses are to be paid.
While the above compulsory provisions apply only to designated
dangerous employments, a similar scale of compensation may be
arranged for by agreement between employers and employees in
industry generally. The law making this provision (ch. 352)
contains amendments strengthening the employers’ liability statute,
making the employer liable for injuries to the employee of a con
tractor if the injury arises from a defect in the condition of ways,
works, etc., owned or furnished by the principal, and declaring con
tributory negligence to be a matter of defense to be pleaded and
proved by the defendant. This law sets forth the compensation
plan embodied in the compulsory statute as an optional substitute
for the liability system. The consent of both employers and
employees is to be secured before such substitution becomes effective.
A statute of Ohio (p. 195) amends and strengthens the liability
law of that State by restricting largely the defenses of fellow-service,
assumed risks, and contributory negligence. Foremen, inspectors,
repair men, and employees of like classes are declared to be superiors
of workmen engaged in the ordinary routine of work, and the condi
tion of defective and unsafe appliances is assumed to be in the
employers’ knowledge and is to be regarded as prima facie evidence
of negligence. The doctrine of comparative negligence is enacted,
and all questions of negligence, contributory negligence, and assumed
risks are to be submitted to the jury. Violations of safety or childlabor laws bar the customary defenses, and no contract of waiver
will be held valid. Amounts contributed to benefit funds may, how
ever, be considered as sets-off against any judgment against an
employer making such contributions. The maximum recovery for
injuries causing death is fixed at $12,000 if there is a widow and a
minor child or children and at $10,000 if there is other next of kin
and no minor children. The limitation of 2 years for bringing
action is not to be effective in cases where an action fails otherwise
than on its merits or where a judgment is reversed, an additional
term of 1 year being allowed for the commencement of a new trial.
Another law of this State (p. 191) subrogates an employee who has
obtained a judgment against his employer in an action for injuries
to the rights of the employer under any contract that he may have
with an employers’ liability insurance company. A similar right
accrues to the personal representative if the injury results in the
death of the employee.
1048
BULLETIN OF TH E BUREAU OF LABOR.
Litigation under the federal liability act of 1908 indicated the
necessity of amendments making more certain the intention of Con
gress in the enactment of the law. Such amendments were made
(ch. 143) authorizing action to be brought in any district in which
the cause of action arose and declaring the jurisdiction of state and
federal courts concurrent. Cases brought in state courts of com
petent jurisdiction are not to be removed to federal courts. Provi
sion is also made for the survival of actions in cases where the injured
person dies before suit was brought.
A Mississippi statute (ch. 135) enacts for that State the doctrine
of comparative negligence, i. e., that contributory negligence of the
person injured shall not act as a bar to the recovery of all damages,
but shall operate to reduce the amount to be recovered where such
negligence is shown to be slight in comparison with the negligence
of the employer. A Massachusetts law as to the liability of employers
is amended (ch. 611) by modifying the requirements as to notice
and action where the death of the employee or of the employer inter
venes before notice is given or action is brought.
Under this general head may be considered the cooperative insur
ance fund provided for by an act of the Maryland legislature (ch.
153, p. 484). This statute applies to coal and clay mining in Alle
gany and Garrett counties, the principal mining counties of the
State. A fund is to be maintained by the collection of a tax of 27
cents per month on the employer for each workman in his employ;
a like amount is to be deducted from the wages of each employee
and turned in as his contribution to the fund. Fatal injuries call
for the payment of a benefit of $1,500, while maiming or partial
disablement is to be compensated for according to a table of awards
embodied in the statute, the maximum amount being $750 for
maiming, while for disability without maiming $1 per working day
may be paid for 52 weeks. Persons maimed may, in addition to the
lump sum due them, be paid an allowance of $1 per working day
during the period of their medical or surgical treatment of not over
26 weeks' duration. The bringing of an action at law bars all claim
to compensation from the insurance fund, and vice versa. Instead
of lump-sum payments periodical payments may be made or onehalf the fund invested in a home for the dependents. The fund is
to be collected and held by the county treasurers and administered
by the commissioners of the counties? If the fund of one county is
depleted while the other has funds on hand, an exchange of funds is
to be made; if the surplus in either county exceeds $50,000, the col
lection of the assessments for its maintenance shall cease until the
fund is reduced to $50,000.
REVIEW OF LABOR LEGISLATION OF 1910.
1049
ACCIDENTS.
The federal Congress enacted a law (ch. 208) repealing the law of
March 3, 1901, relative to the reporting of accidents on railroads,
and enacted a statute which requires monthly reports of all accidents
resulting in injury to persons, equipment, or roadbed caused by the
operation of the road. The Interstate Commerce Commission may
investigate the accidents and in doing so may act in cooperation with
state railroad commissions. Reports of such investigations may be
published, as the commission deems proper, but no report made under
this act is to be admitted as evidence or used for any purposes in any
suit or action for damages.
A New York statute as to the reporting of accidents is amended
(ch. 155) by the addition of a section requiring that a record, open
to the commissioner of labor, shall be kept of all accidents occurring
in connection with any building, construction, excavating, or engi
neering work, including repairing, painting, etc. Reports are also
to be made to the commissioner within 48 hours after the occur
rence of any accident. The existing law as to accidents in fac
tories and in mines and quarries is amended by requiring records of
accidents to be kept, which record is to be open to the commissioner.
A statute of Porto Rico (No. 33) requires that a dispensary shall be
kept by owners of sugar centrals and that a physician or minor sur
geon shall be at hand during the hours when the mills are in operation
during the grinding season, if such mills are more than 4 kilometers
(2 i miles) from a township.
RETIREMENT AND PENSION FUNDS.
A statute of Massachusetts (ch. 559) authorizes employers and
employees in any establishment to establish and maintain by mutual
agreement cooperative retirement and pension funds. Another law
of this State (ch. 619) describes the form and the method of creat
ing and distributing municipal funds for the retirement of employees
of municipalities. Age limits are prescribed, and the minimum annu
ity is fixed at $200. The law authorizes the adoption of this system
by any municipality desiring to do so. All funds thus provided for
are to be under the supervision of the state insurance commissioner.
Of more limited application is a statute of New Jersey (ch. 149),
which authorizes the retirement of employees of penal and reforma
tory institutions who have been disabled in the discharge of duty, on
a pension of $50 per month during life. This retirement is to be
effected only with the assent of the beneficiary and the approval of
the governor of the State.
1050
BULLETIN OF TH E BUREAU OF LABOR.
LABOR ORGANIZATIONS.
The only laws enacted this year coming under this head are one
of South Carolina (No. 424) providing for the registration of labels,
trade-marks, etc., of trade unions and penalizing the imitation, coun
terfeiting, or unlawful use of the same; and a statute of Maryland
(ch. 250, p. 234) directing that the union label shall be used on all
work done for the State by the public printer.
CIVIL RIGHTS OF EMPLOYEES.
The State of Illinois is one of a number which grants to employees
the right to be absent from work for a period of 2 hours on election
day without loss of pay for the purpose of voting. An act of the
recent legislature (p. 46) extends the same privilege to workmen for
the purpose of participating in primary elections.
Another act that may be classed under this head is one of Okla
homa (ch. 11), which directs that employees of common carriers
who are required by their employers to give bond are not to be
restricted in their choice of bonding companies. No nonresident
surety is to be required, nor may such surety be accepted unless a
resident-agency is maintained.
EMPLOYMENT OFFICES.
The subject of p r iv a t e e m p l o y m e n t a g e n c ie s in r e s t r ic t e d classes
of cities has been considered by various laws of New York, but an
enactment of the recent legislature (ch. 700) is of general applica
tion throughout the State. It requires agencies to be licensed, bonds
to be given, and registers to be maintained. Applicants for work
in private families or in fiduciary capacities are to furnish testimo
nials or references, and the same are to be kept on file in the employ
ment office. Employment agents are forbidden to interfere with
existing employment contracts, and bona fide orders must be secured
for persons sent out by them. The amount of the fee that may be
charged is limited and is to be returned on failure to secure a position
or to furnish help, or a new place may be secured or a new employee
furnished if the employment lasts for less than 1 week. Receipts
are to be given for all moneys received from applicants or persons
registering with the agencies, and the division of fees between agents
and employers or foremen is prohibited. Special provision is made
for theatrical, vaudeville, and circus engagements.
A Virginia statute (ch. 155) directs that if no position is secured
within a reasonable time any fee paid, with the exception of $1 for a
filing fee, shall be returned to the applicant. The applicant is to be
furnished with a copy of his contract with the agency and the amount
of the fee shall be set forth therein. Employers or hiring agents are
forbidden to receive any share of the fee. The commissioner of
REVIEW OF LABOR LEGISLATION OF 1910.
1051
labor is authorized to investigate any office at his pleasure, and must
investigate on complaint.
The only action relative to free public employment offices was
taken by the legislature of Oklahoma (ch. 12) authorizing the open
ing of a branch agency at Enid.
BUREAUS OF LABOR.
A new bureau was established in the department of labor of the
State of New York by an act (ch. 514) which created the bureau
of industries and immigration, at the head of which is a chief
investigator, who, with a corps of special investigators, is charged
with the investigation of the condition, welfare, and industrial
opportunities of aliens arriving within or residing in the State. The
number of special investigators shall not exceed twelve, and not more
than two of them may be women. In addition to the duties set
forth above, these investigators are to get the names, of the children
of aliens and seek to aid in the enforcement of the compulsory educa
tion law of the State, and also to encourage the education of adult
aliens. The inspection of labor camps and employment agencies is
made a part of their duties, as well as the tracing up of cases of
insane, criminal, and pauper aliens subject to deportation; also the
protection of immigrants against fraud on their arrival at port. The
statute further directs that employment agencies shall keep a record
of the country of birth of persons placed by them, the length of the
period of their residence in the United States, the name and the
address of the employer, the occupation, and the rate of compensa
tion paid, which record shall be open to the commissioner of labor.
Another law of this State affecting the department of labor is one
(ch. 516) making the salary of the head of the bureau of mercantile
inspection $3,000, instead of $2,000, as heretofore.
CONVICT LABOR.
A law of Oklahoma (ch. 6) directs that all goods or articles made
by convicts in any prison or penitentiary of any State or the United
States shall bear a mark plainly indicating the fact before being
offered for sale in the State of Oklahoma.
The Kentucky legislature provided (ch. 15) that all convicts
shall be taught the common branches of an English education and
trained in some trade, industry, or handicraft, to make them selfreliant and self-supporting on discharge. They are also to receive a
portion of their earnings during imprisonment. Another law of this
State (ch. 16) provides for a parole system and an employment
agent, whose duty it shall be to find places for keeping employed all
convicts under parole in the State.
LAWS OF VABIOTTS STATES BELATING TO LABOB, ENACTED
SINCE JANUABY 1, 1910.
[The Twenty-second Annual Report of this bureau contains the laws of the various States and Terri
tories and of the United States relating to labor, in force January 1, 1908. Enactments of the years 1908
and 1909 are reproduced in Bulletin No. 85, and for 1910 in the present Bulletin, forming in effect supple
ments to the Twenty-second Annual Report. (See the introduction to the Review o f labor legislation,
p . 1034 above.) Instead of reproducing the text of the law in full in cases where slight changes occur, such
changes have in many instances been indicated in brief notes, these notes being inclosed in brackets. An
index of both the report named above and of the laws published in the two Bulletins indicated is to be
found on pages 1161 et seq. o f this issue.)
ILLINOIS.
ACTS OF 1910— SPECIAL SESSION.
Commission on employers’ liability.
(Page 1.)
C om m ission
created.
.
to be known as the Employers, Liability Commission, to be constituted
S ection
1 A commission of twelve (12) members is hereby created
and appointed as hereinafter provided.
S e c . 2. The governor shall appoint, within twenty days after this
tutedact takes effect, as members of said commission, who shall be citizens
of Illinois, six employers of labor and six persons who are either em
ployees or are known to represent the interests of workmen. The
commission shall elect the chairman of said commission and shall
have the power to fill any vacancy that may occur in its membership:
Provided, however, The vacancy shall be filled b y a person of the same
• qualifications as the person whose vacancy he fills. The majority of
the members of the said commission shall constitute a quorum.
Duties.
S e c . 3. Said commission shall investigate the problems of industrial
accidents, and especially the present condition of the law of liability
for injuries or death suffered m the course of industrial employment,
as well in this State as in other States or countries, and shall inquire
into the most equitable and effectual method of providing for com
pensation for losses suffered as aforesaid. It shall, as far as practical,
cooperate with other commissions appointed in other States for like
purpose. It shall on or before the fiteenth day of September, 1910,
report its conclusions, together with the draft of such bill or bills as
may be deemed appropriate, to the governor, who shall at once publish
such reports and drafts of bill or bills and shall also transmit such
report to the forty-seventh general assembly for action thereon: Pro
vided, That such commission shall report to the governor only such
recommendations as shall have been agreed upon b y a majority of
that part of the commission representing the employers of labor and a
majority of that part of the commission representing the interests of
the workingmen.
Procedure.
S e c . 4. The commission shall meet at the call of the chairman and
elect a secretary from among its members. It shall cause a record to
be made and kept of its proceedings. It shall have power to em ploy
such clerks and assistants as may be necessary, and shall fix their
compensation, and may incur such other expenses as are properly
incidental to the work of the commission. The members of the com
mission shall be reimbursed at the rate of five dollars ($5.00) per diem
while actually engaged on the work of such commission, and reim
bursed for their actual expenses incurred in the work of said com
mission.
Appropriation. S e c . 5 . The sum of ten thousand dollars ($ 1 0 ,0 0 0 .0 0 ), or as much
thereof as may be necessary, is hereby appropriated for the expenses
of the commission, and the auditor of public accounts, is hereby
authorized to draw his warrant for the foregoing amount, or any part
thereof, in payment of any expenses, charges, or disbursements authorHow
consti-
1052
LABOR LAW S— ILLINOIS— ACTS OF 1910.
1053
ized b y this act on order of the commission, signed b y its chairman,
attested b y its secretary, and approved b y the governor.
The state board of contracts is hereby authorized and directed to
provide all necessary printing for said commission.
Approved March 4, 1910.
Coal mines—Fire fighting and rescue stations— Commission.
S e c t io n 1 . For the purpose of providing prompt and efficient means Three stations
of fighting mine fires and of saving lives and property jeopardized b y 1)6 established,
fires, explosions or other accidents in coal mines in Illinois, there shall
be constructed, equipped, and maintained at public expense three
rescue stations to serve the northern, the central, and the southern
coal fields of the State.
S e c . 2 . The governor shall appoint a commission consisting of seven Commission lor
members, including two coal mine operators, two coal miners, °ne
of
state mine inspector, one representative of the department of mining
6 *
at the University of Illinois, and one representative of the federal
organization for the investigation of mine accidents. Said commission
shall, within ten days after their appointment, meet and organize b y
electing one of their number chairman and another secretary of said
commission, who shall hold their respective offices for a period of one
year from the date of their election and until their successors are
elected and qualified. Members of the said commission not otherwise
in the em ploy of the state or Federal Government shall receive ten
dollars ($10.00) per day for services rendered, not to exceed twenty-five
(25) days during any one year, and all members of said commission
shall be reimbursed for actual expenses while engaged in official work,
approved b y the commission; which commission shall be responsible
for the proper carrying out of the provisions of this act.
S e c . 3. The said commission shall provide or purchase, or accept as sites, material,
a gift, suitably located sites for the stations, temporary and permanent etc., to be pro
quarters, and suitable equipment and materials for the work: Provided, cured*
however, That the total cost of the equipment and maintenance of the
service to July 1, 1911, shall not exceed seventy-five thousand dollars
($75,000.00). The said commission shall further arrange for coopera
tion in the work with mine owners, miners and state and federal
organizations so as to render the service of the utmost efficiency.
S ec . 4. The state architect shall, as provided b y law, furnish plans Plans,
and specifications for suitable buildings as required b y said commission.
Sec . 5. The said commission shall appoint as manager of the three Managers,
stations and of their work a man experienced in mining and mine
engineering. The manager shall, with the advice and consent of the
said commission, appoint for each station a superintendent and an
assistant. Each appointee shall serve for a term of two years and until
his successor is appointed and qualified, unless sooner discharged b y
the said commission. Each appointee before entering upon the duties
of his office shall take and subscribe to the oath of office as provided b y
law.
S ec . 6. The manager shall receive two hundred and fifty dollars salaries.
($250.00) per month; each station superintendent one hundred and
twenty-five dollars ($125.00) per month; and each station assistant
seventy-five dollars ($75.00) per month; and each appointee shall
receive his necessary and actual traveling expenses while engaged
in official duties.
S e c . 7 . The manager shall, subject to approval of said commission, Duties of mansupervise the work at each of the three stations, shall purchase neces- agers.
sary supplies and shall file with the said commission, at the end of
each quarter, a complete report of all operations and expenditures
and an invoice of all supplies on hand. He shall provide that at each
station some representative shall be on duty or within call at all hours
of day and night for each day of the year.
S ec . 8 . Whenever the manager or the superintendent of any station D uty in case of
shall be notified b y any responsible person than [that] an explosion accident,
or accident requiring his services has occurred at any mine in the
State he shall proceed immediately with suitable equipment and on
1054
B U L L E T IN
OF T H E
BUBEAU
OF LABOR.
arrival at the said mine shall superintend the work of the rescue corps
in saving life and property; and he shall cooperate with the manage
ment of the mine in rescue work, the said manager shall have authority
over and may assume control of the mining property to such extent as
is necessary tor the protection of human life in the mine, during such
time as members of the rescue corps are underground, and while there
is reasonable expectation that men entombed in the mine may be alive.
Reports.
S e c . 9. The commission shall prepare an annual report to the gover
nor and the general assembly with necessary illustrations showing the
work performed and money expended b y the mine-rescue service; and
the state board of contracts is hereby directed to print and bind said
reports promptly out of the appropriations for such board of contracts.
Appropriation. S e c . 1 0. T o carry into effect the provisions of this act, there is
hereby appropriated the sum of seventy-five thousand dollars
($75,000.00) of any money in the hands of the state treasurer not other
wise appropriated; and the auditor of public accounts is hereby
directed to draw his warrants on the treasurer on receipt of vouchers,
properly certified b y the chairman and secretary of said commission
and approved b y the governor.
Approved, March 4, 1910.
Time to vote to be allowed employees—Primary elections.
(Page 46.)
T n° S?™8 to
3allowed.
S ection 7. A n y person entitled to vote at such primary shall, on the
day of such primary, be entitled to absent himself from any service or
employment in which he is then engaged or em ployed for a period of
two hours between the time of opening and closing the polls, and such
primary elector shall not, because of so’ absenting himself, be liable to
any penalty nor shall any deduction be made on account of such
absence from his usual salary or wages: Provided, however, That appli
cations for such leave of absence shall be made prior to the day or pri
mary. The employer may specify the hours during w hich said em
ployee may absent himself.
Approved, March 9, 1910.
Commission on occupational diseases.
(Page 82.)
Employees au- S e c t io n 1. The
thorized.
joint resolution of
commission on occupational diseases, appointed b y
the forty-fifth general assembly, be, and they are
hereby authorized to em ploy a secretary, clerks, experts and other
necessary employees, necessary for the discharge of the duties of said
commission, and they are hereby authorized to pay said secretary,
clerks and experts and other necessary employees, and pay all neces
sary expenses of said commission, from the appropriation made b y the
forty-sixth general assembly for said commission, and to be paid for in
the manner provided for b y the act making such appropriations.
Approved, February 18, 1910.
[The joint resolution referred to in the foregoing statute was adopted
in March, 1907, and is as follows:
Commission au- ‘ ‘ The governor is hereby authorized and requested to appoint a comthorized.
mission of nine members, to be composed of the state factory inspector,
the secretary of the bureau of labor statistics, the president and secre
tary of the state board of health, two reputable physicians and three
other representative citizens of the State, who shall serve without
remuneration, and whose duties shall be to thoroughly investigate
causes and conditions relating to diseases in occupations, and to report
to the governor the draft of any desirable bill or bills, designed to meet
the purposes announced in this resolution, for consideration and action
b y the members of the forty-sixth general assembly.”
The appropriation referred to, made b y the forty-sixth general assem
bly, was to m e amount of fifteen thousand dollars, for the expenses of
the members, but authorized the employm ent of no assistance except
that of stenographers.]
LABOR LAW S— ILLINOIS— ACTS OF 1910.
1055
Mine regulations—Protection against fire.
(Page 84.)
S e c t io n 1. On and after July 1, 1910, except as hereinafter in s e c -, Equipment to
tion 6 of this act is provided, the following requirements for fire-fighting be Procured*
equipm ent and other means for the prevention and controlling of fires
and the prevention of loss of life from fires in coal mines shall be
strictly observed b y all persons, firms, corporations or associations main
taining and operatmg a coal mine within the State of Illinois.
S e c . 2 . There shall be provided a supply of water for fighting fire Water supply,
underground which shall nave a head from a standing bod y in a pipe, Pipes, and hosetank or pond. Such water supply shall be conducted into the mine in
an iron or steel pipe or pipes not less than two (2) inches in diameter,
which shall have not less than two hose connections at the bottom of
the hoisting shaft, and two hose connections at the bottom of the air and
escapement shaft designated as such under the law, and two hose con
nections in each stable which is located less than five hundred (50 0 )
feet from the bottom of either of said shafts; and there shall be iron or
steel pipes not less than two inches in diameter in the entries and
passageways leading from the bottom of each of said shafts to such
extent and in such position that with one (1) fifty-foot length of hose the
water may be carried into all such entries and passageways within three
hundred (300) feet from the bottom of each oi said shafts and into the
corresponding area in slope and drift mines, such area to be designated
in this act as the fire-protected area: Provided, That in mines having one
hundred and twenty-five (12 5 ) feet or less head at the bottom or the
incoming supply pipe, the incoming pipes and the pipes having hose
connections shall be not less than three (3) inches m diameter. The
in the mine shall have hose connections not more than fifty (50)
part beginning at the bottom of the incoming supply pipe or
E
here shall be kept constantly on hand at the bottom of each shaft
where hose connections are required, in condition for immediate use,
not less than two (2) fifty (50) foot lengths of one and one-half (1J) inch
inside diameter linen hose or rubber-lined cotton hose, which shall have
been tested to a pressure of two hundred (200) pounds to the square
inch; all of such hose and the connections therefor on the supply pipes
shall have American standard iron pipe threads. The nozzles on such
hose shall be not less than three-eighths (£) nor more than five-eighths
(£) inches in diameter.
Where any part of any passageway or other excavation within one
hundred ana fifty (150) feet of the bottom of the hoisting shaft or the air
and escapement shaft designated as such under the law and in the cor
responding area in slope or drift mines, is timbered, with cribbing or
more than one layer of lagging not including caps or wedges, above
the cross bars, there shall be two lines of automatic sprinklers on the
underside of such timbering, attached to not less than one and onehalf (1£) inch pipes connected with the fire-fighting water supply,
and such sprinklers shall not be more than ten (10) feet apart. In
cribbing or lagging as last aforesaid, which is more than three (3)
feet in vertical thickness, there shall be also, as near the top thereof
as is practicable, automatic sprinklers connected with the water sup
p ly as last aforesaid and there shall be one such sprinkler for each
eight (8) feet square of horizontal area of such cribbing or lagging.
In every underground stable, located within one thousand (1,000) Provisions
feet of the hoisting shaft or the air and escapement shaft designated stables.
as such under the law, there shall be not less than one (1) automatic
water sprinkler for each area eight (8) feet square in said stable; such
automatic sprinklers shall be connected with iron or steel pipes not
less than one and one-half (1£) inches in diameter along the roof or
ceiling in the stable, which shall be connected with the fire-fighting
water supply.
A ll automatic sprinklers shall be of the fusible plug type and shall
not require a temperature of more than one hundred and sixty-five
(165) degrees Fahrenheit to release the water.
In all underground stables other than those heretofore in this act
referred to, there shall be kept barrels full of water and two metal
64181°— No. 9 1 - 1 1 -
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at
1056
BU LLETIN OF T H E BUREAU OF LABOR.
pails with each barrel. Such barrels shall be not more than fifty (50)
feet apart, and there shall be not less than two (2) barrels full of water
and two (2) metal pails with each barrel in each entry or passageway
into which such stable opens and not more than fifty (50) feet from
the opening of the stable. There shall also be one (1) not less than
three (3) gallon chemical fire extinguisher and two (2) not less than
six (6) gallon hand pum p buckets in each such stable and in each
entry or passageway into which such stable opens not more than fifty
(50) feet from the opening of such stable. Such chem ical fire extin
guishers and hand-pump buckets shall be kept filled and ready for
use: Provided, however, That in coal mines in which less than ten (10)
men are em ployed, in which there are no stables, in lieu of said water
supply with pipes and hose, there may be substituted the following:
There shall be kept within the fire protected area in each such mine,
barrels full of water not more than fifty (50) feet apart, and with each
barrel there shall be two metal buckets; and there shall also be kept
within said area not less than six (6) hand pump buckets of not less
than six (6) gallons capacity and not less than six (6) chemical fire
extinguishers of not less than three (3) gallons capacity, and said
extinguishers and buckets shall be kept filled and ready for use.
A barrel within the meaning of this act shall be any substantial
Chemical ex
vessel holding not less than fifty (50) gallons.
tinguishers.
A ll mines shall have at least one, not less than three (3) gallon
chemical fire extinguishers [extinguisher] and one not less than six (6)
gallon hand pum p bucket including those hereinbefore in this act
required, for each fifty (50) employees in the mine with a minimum
of six (6) extinguishers and six (6) pum p buckets, kept at convenient
places designated b y the mine manager throughout the mine, and
such extinguishers and buckets shall be kept filled and ready for use.
G u a r d i n g * S e c . 3. During the cold-weather months the water pipes shall be
against freezing.
kept drained, but the supply must be kept so that b y opening a valve
easily accessible on top, the water w ill be prom ptly available at all
times in the supply pipes underground. The water pressure in said
Pressure.
pipes to which hose is to be connected shall not be less than twentyfour (24) pounds per square inch, nor more than seventy (70) pounds
per square inch at a point not less than two hundred and fifty (250)
feet from the bottom of the shaft or the corresponding position in slopes
and drifts; and there shall be a pressure gauge with dial at said point.
When the water pressure in the pipes leading into the mine is higher
than seventy (70) pounds per square inch at the pressure gauge, there
shall be a valve on the incoming supply pipe to control the pressure
into the branch pipes in the mine, and there shall be a shut-off valve
on every branch pipe at the connection of such pipe with the pipe
from which it leads.
Sec . 4. N o underground stable, unless so constructed as to be fire
Stables.
proof throughout, shall be nearer than six (6) yards to any regular
traveling way and every underground stable shall have at each opening
a fireproof door with a door frame of concrete, stone or brick laid in
mortar.
Every such stable, which contains more than ten (10) stalls, shall
have a cement or brick partition, with a fireproof door therein, for each
ten (10) stalls or less; or, in lieu of said partition, the stable shall be
lined with cement plaster on wire lathing or other fireproof material,
where inflammable material is exposed.
A ll hay, bedding and feed underground, except that in the mangers
and stalls, shall be kept in a closed cement, brick, stone or metal
receptacle; and not more than forty-eight (48) hours’ supply of hay
or bedding shall be kept underground, and not more than one week*s
supply of grain.
A ll hay and bedding taken into the mine shall be baled. Hay,
bedding and feed shall be taken into the mine only in a closed car or
box, which shall be kept closed until the materials are removed to the
receptacles provided therefor.
No open light shall be taken into an underground stable b y any
person.
S ec . 5. There shall be a system of party-line telephones which
Telephones.
shall include one telephone on the surface not more than one hundred
LABOR LAW S— ILLINOIS— ACTS OF 1910.
(100) feet from the tipple, and one at the bottom of the hoisting shaft,
or, in slope or drift mines, at the first cross entries in operation; and,
in addition thereto, there shall be one telephone on each side of the
mine [when] such side is in more than one thousand (1,000) feet from
the bottom of the hoisting shaft, or is in one thousand (1,000) feet
beyond the first cross entries in operation in slope or drift mines; and,
in addition thereto, there shall be one telephone for each one hundred
(100) employees, or major fraction thereof in excess of one hundred
(100) employees in said mine.
There shall be no [an] electric gong signal system actuated b y an
electric generator current and operated from the bottom of the hoisting
shaft or from the tipple in slope or drift mines. The wires shall be of
not less carrying capacity than No. 12 iron wire. The gongs shall be
not less than eight (8) inches in diameter. Only nonsparking bells
shall be used.
In pillar and room mines there shall be a gong in one entry of each
pair of entries, not more than two hundred ana fifty (250) feet from
the face of said entry. In long wall mines there shall be one gong on
each main heading in operation not more than two hundred and fifty
(250) feet from the face, and, in addition thereto, there shall be gongs
on cross roads in operation off of main headings so there shall be one
gong for not more than one thousand (1,000) feet of working face in
operation.
In the system of signals one long ring on said electric gongs shall
signify “ Danger, men go to the hoisting shaft;” a succession of short
rings shall signify “ Danger, men go to the escapement shaft.” It shall
be the special duty of all drivers, motormen and trip riders to notify
all oilier drivers, motormen, trip riders or miners from whom they haul
coal; and it shall be the duty of every person in the mine receiving
such danger signal to cooperate in giving notice thereof to all other
persons in the mine.
There shall be attached to every cage on which men are or may be
hoisted or lowered, a horn or other device from which signals can be
given on the cage.
Certain employees whose regular work is in or near the fire-protected
areas shall have graded authority and designated duties in case of fire;
and rules and instructions therefor shall be included in the regular rules
of the mine, and such employees shall be instructed therein b y the
mine manager. There shall be a fire drill of such employees not less
often than once in two weeks, and the pipes, connections, hose and
electric signals shall be tested at such drills.
S e c . 6. The following requirements also shall apply to all coal mines
developed within the State of Illinois after the passage of this act:
(a) The hoisting shaft and the air and escapement shaft designated
as such under the law in shaft mines and the air and escapement shaft
nearest the main opening in slope or drift mines, shall be of fireproof
construction, except that cage guides may be wood: Provided, That
this section shall not apply to shafts in actual course of construction at
the time this act takes effect.
(b) The roof of the passageways leading from the bottom of the hoist
ing shaft and the air and escapement shaft designated as such under
the law, within a distance of three hundred (300) feet from the bottom
of either of said shafts, shall be constructed of fireproof material, and
only fireproof materials shall be used in the walls, except that the coal
rib or pillar may be used as a wall in such passageways.
(c) AH underground stables and the openings therein shall be con
structed of fireproof material throughout.
(d) A t mines constructed in conformity with the requirements of
this section of this act, the fire-fighting equipment described in section
2, and the electric gongs and the fire drill described in section 5 of
this act shall not be required, except that there shall be kept at con
venient places designated b y the mine manager, throughout each mine,
one not less than three (3) gallon chemical fire extinguisher and one not
less than six (6) gallon hand pump bucket, for each fifty (50) employees
in the mine with a minimum of six (6) extinguishers and six (6) pump
buckets, and such extinguishers and buckets shall be kept filled ana
ready for use.
1057
Electric gongs.
Firemen.
New mines.
Fireproof con
traction.
1058
B U L L E T IN
OF T H E
BUKEAU
OF L A BO R.
In mines constructed in accordance with the provisions of this section
6, in addition to the telephone [telephones] required b y this act to be
installed inside the mine, there shall be one (1) gong not less than twelve
(12) inches in diameter with nonsparking bell, located near each telehone inside the mine, actuated b y electric generator current operated
•om the bottom of the hoisting shaft or from the tipple in slope and
drift mines. On becoming aware of any serious danger requiring the
inside employees to com e out of the mine, it shall be the duty of the
person having charge of the outside telephone immediately to ring the
danger signal on the gongs and it shall be the duty of all persons who
hear such danger signal or receive information thereof to cooperate in
giving notice thereof to all other persons in the mine.
Violations.
S e c . 7. A n y willful neglect, refusal or failure to obey the require
ments or provisions of this act, or w illfully giving a false danger signal or
tampering with any of the appliances required b y the provisions of this
act, shall be deemed a misdemeanor, punishable b y a fine of not less
than fifty dollars ($50) and not to exceed two hundred [dollars] ($200),
or b y imprisonment in the county jail for a period not^exceeding three
(3) months, or both, in the discretion of the court.
Upon final conviction of any mine manager or any miner, under the
provisions of this act, his certificate of com petency shall be thereby
invalidated; and it shall be the duty of the state mining board in the
case of a mine manager of the miners’ examining board which shall have
issued such certificate in the case of a minor [miner], to cancel and
revoke the certificate of com petency of the person so convicted; and
such person shall not be entitled to receive another certificate of com
petency within three (3) months from the date of such cancellation and
revocation.
County mineFor the purpose of securing an efficient enforcement of this act, each
inspectors.
state mine inspector shall make a written request upon the county
board of supervisors or of commissioners in counties not under township
organization, for each county in which coal is produced, for the appoint
ment of a county mine inspector. Every state mine inspector shall
authorize, in writing, each county mine inspector within his district
to assume and discharge all the powers of a state mine inspector in said
county with respect to compliance with the provisions of this act.
Every county mine inspector shall devote as much of his time as may
be necessary to inspecting the mines in his county with a view to ascer
taining whether the provisions of this act are being com plied with; and
no county board shall lim it the time which a county mine inspector
may devote to a proper compliance with this provision, but this provi
sion shall not be held to lessen the duty of a state mine inspector under
the general mining law of the State.
If any county mine inspector shall find that any provision of this act
is being violated, it shall be his duty to file a sworn complaint before
any court of competent jurisdiction, stating the facts within his knowl
edge in such case and asking that the person charged with such viola
tion be bound over to the next grand jury for said county; and it shall
be the duty of the State’s attorney for the county in which such viola
tion occurs to prosecute such complaint as provided b y law in other
state cases.
Each county mine inspector shall report at least once a month to
the state mine inspector for the district in which such county is located,
stating the mines he has examined, the violations of this act which he
has discovered, and the complaints he has filed under the provisions of
this act.
If the county mine inspector shall fail to file a complaint, as herein
required, of a violation of this act which he shall have reported to the
state mine inspector, in all other cases of violation of this act which shall
have come to the knowledge of a state mine inspector in the discharge
of his duties, it shall be the duty of such state mine inspector to file a
sworn complaint before any court of competent jurisdiction, stating the
facts reported to him b y the county mine inspector, or coming to his
knowledge in the discharge of his duties, and asking that the person
charged with such violation be bound over to the next grand jury for
said county; and it shall be the duty of the State’s attorney for the
county in which such violation occurs to prosecute such complaint as
provided b y law in other state cases.
E
1059
LABOR LAW S— ILLINOIS— ACTS OF 1910.
If any state mine inspector or any county mine inspector shall w ill
fully fail, neglect, or refuse to file a complaint as herein required, or
shall w illfully disregard the duties required of him b y the provisions of
this act, a sworn complaint may be filed b y any person having knowl
edge of the facts, before any court of competent jurisdiction, charging
said county mine inspector or said state mine inspector, as the case may
be, with nonfeasance in office and asking that such inspector be bound
over to the next grand jury for said county, and the Stated attorney for
the county in which sucn violation occurs shall prosecute such com
plaint as provided b y law in other state cases.
Upon final conviction for nonfeasance in office under the provisions
of this act of any state mine inspector or any county mine inspector, his
certificate of qualification or of com petency, as the case may be, shall
be thereby invalidated and he shall become disqualified from holding
such office, and such person shall not be entitled to receive another
certificate of qualification or of competency, as the case may be, within
three (3) months from the date of such final conviction.
Approved March 8, 1910.
KENTUCKY.
ACTS OF 1910.
C h a p t e r 24.— Examination
and licensing of barbers.
S e c t io n 1. An act to regulate the practice of barbering [Sec. 165a,
Kentucky Statutes of 1903] * * * which was approved March 21,
1902, is hereby repealed.
Approved March 16, 1910.
C h a p t e r 43.— Coal mines— Life-saving
Repeal.
apparatus.
S e c t io n 1. The chief state inspector of mines is hereby authorized P u r c h a s e of
and directed to purchase six (6) sets of life-saving apparatus for mines yforized**US au~
(one set for each assistant inspector and one for the chief inspector),
said apparatus to consist of twelve Draeger oxygen helmets ana acces
sory equipment, such as oxygen tanks, potash cartridges, charging
pumps, boxes for transportation and such other parts as go to make the
apparatus complete, or the same number of sets of such other similar
lute-saving apparatus, of equal merit to that named,, should it prove
upon investigation, to be the more desirable.
Sec . 2. The chief inspector is directed, before purchase of the appa- Selection,
ratus, to visit the manufactory or place of sale of such apparatus and
make selection of the apparatus in order that perfect outfits may be
secured.
S ec . 3. Five sets of the apparatus (a set consisting of two helmets and Distribution,
accessories) shall be distributed among the assistant inspectors of mines,
who shall take due care of their respective sets and see that they are at
all times in proper condition for immediate use.
Approved March 21, 1910.
C h a p t e r 48.— Mine regulations—Examination
and licensing o f foremen.
Section 1. N o owner, lessee, or operator of a coal mine in which as Certified foremany as fifteen persons are employed at one time shall em ploy as mine Sored0 ** em"
foreman any person who has not been granted a certificate of qualifica-p 7
tion to the effect that he has been examined b y the board of examiners,
vided for in 'chapter 59, Acts of the General Assembly of 1908, and
been found fit and competent.
Sec . 2. The certificates of qualification shall be divided into three Classes,
classes, namely, first class, which shall authorize the holder to act as
foreman for all classes of coal mines; second class, which shall authorize
the holder to act as foreman for any nongaseous coal m ine; and third
class, which shall authorize the holder to act as foreman for any nongas
eous coal mine in which not more than twenty-five persons are employed
at one time.
C
1060
B U L L E T IN
OP T H E
BUREAU
OF L A B O R .
Nongaseous
S ec . 3. A nongaseous mine is hereby defined as one which does not
mines.
generate explosive gas in sufficient quantity to make accident therefrom
possible under any conditions that may reasonably be expected to
occur in the operation of the mine.
How class may Sec . 4. The class of certificate which may be awarded to an applibe determined.
cant who has been examined shall be determined b y the board of
examiners according to the nature of examination taken b y the appli
cant or b y the grade made b y the applicant in the examination.
S ec . 5. N o certificate shall be granted to any person who does not
Qualifications.
present to the board of examiners satisfactory evidence, in the form of
affidavits made b y well known, responsible persons in the locality
whence he comes, that the applicant is a man of sobriety and good
moral character, and that he nas had at least five years’ practical
experience at and in coal mines.
Residence.
S e c . 6. Certificate may be granted only to persons who are residents
of the State or em ployed at mines within the State.
S ec . 7. A n y owner, lessee, or operator of a coal mine willfully
Violations.
failing or refusing to com ply with this act, and any person acting as
foreman at a coal mine without having a certificate from the board of
examiners authorizing him to act as such foreman, shall be deemed
guilty of misdemeanor and shall be liable to a fine of not less than
one hundred dollars nor more than two hundred.
Prior certified* S ec . 8. Nothing in this act shall be construed as in any way affecting
tion.
mine foremen who have heretofore been granted certificates b y the
board of examiners.
Approved, March 21, 1910.
Ch a p t e r
80.— Employment of children—School attendance.
S e c t io n 1. E very parent, guardian or other person in any city of
the first, second, third or fourth class, having the custody, control or
supervision of any child, or children, between the ages of seven and
sixteen years inclusive, shall cause such child to be enrolled in and
to attend some pu blic or private day or parochial school regularly
each school year for a full term or period of said school: Provided, That
such private or parochial school term shall not be for a shorter period
during each year than the term of the pu blic schools in the city of the
child’ s residence. * * * Provided, further, That the provisions
of this act shall not apply to any child Between fourteen and sixteen
years of age for whom an employm ent certificate may have been
issued in accordance with the provisions of the child-labor law.
Proof of age.
S e c . 4. A passport, a duly attested transcript of the certificate of
birth or baptism, a certified copy under oath of a record in the family
Bible, or other religious record, showing the date and place of birth
of such child shall be produced as proof of age. In case such certificate
or record as heretofore provided can not be secured, upon proof of such
fact, the record of the age stated in the first school enrollment to be
found shall be considered as evidence thereof. If there be no school
enrollment showing such fact, other evidence as to the age of such
child may be considered.
Enforcement of S e c . 7.
* * * It shall be the duty of all truant officers to
labor law.
report all violations of the child-labor law of which they have any
knowledge. In cities having a chief truant officer, such reports shall
be made to such chief truant officers and in cities having no chief
truant officer such reports shall be made b y truant officers to the superin
tendent of city schools. A ll such violations aforesaid shall be promptly
reported b y the superintendent of schools or chief truant officer, as
the case may be, to the labor inspector.
Approved, March 21, 1910.
School attend
ance required.
Ch a p t e r
85.— Employment of children—General provisions.
ScopeoflawexS e c t io n 1. Section 2 of an act of the general assembly [chapter 66,
tended.
Acts of 1908] entitled “ An act to regulate child labor and to make the
provisions thereof effective, ” approved March 18,1908, w hich section
is incorporated in section 331a, 2, of the K entucky Statutes, [shall]
be amended b y striking from the said section the following words: “ In
LABOR LAW S— K E N T U C K Y — ACTS OF 1910.
1061
any factory, workshop, mine or mercantile establishment,” and b y
substituting for the words so stricken the words: ‘ ‘ In or in connection
with any factory, workshop, mine, mercantile establishment, store,
business office, telegraph office, restaurant, hotel, apartment house,
or in the distribution or transmission of merchandise or messages. ”
*
*
*
*
*
S ec . 2. Section 3 of said act shall b e amended so that the said sec
tion, as amended, shall read:
“ Section 3. Employment certificates shall be issued only b y the Who may issue
superintendent of schools or b y a person authorized b y him in writing certlficates*
acting in his name. Where there is no local superintendent of schools,
they shall be issued b y the county superintendent of schools or b y a
person so authorized b y him .”
S e c . 3 . Section 4 of the said act [shall] be amended by adding thereto Reports,
the following words: “ The superintendent of schools in any city, town,
county, or district, wherever there is one, and where there is none, then
the county superintendent shall, between the first and tenth days of
each month, transmit to the office of the labor inspector, a report, which
report shall give, (1) the name of each child to whom a certificate has
been issued in the previous month, together with the date of birth of
such child; and (2) the name of each child to whom a certificate has
been refused in the previous month, together with the ground for such
refusal. A refusal or failure to transmit such report b y any person
charged under this section with the duty of transmitting same to the
labor inspector, shall constitute a misdemeanor punishable b y a fine
of not more than twenty-five nor less than five dollars, to be disposed
of as provided in section 18 of this law.”
*
*
*
*
*
*
*
S ec . 4. Section 7 of said act [shall] be hereby entirely stricken there- Section, elimifrom, and hereafter section 8 thereof shall be numbered section 7 and nated* ,
the subsequent sections of said act shall hereafter be numbered con
secutively in numerical order.
S e c . 5. Section 9 of the said act shall be amended as follows: The Who held re
words “ Whoever having under his control a child under such age,” fat°onSble for vl0’
shall be stricken from the said section, and in place of the said words
so stricken there shall be substituted the words “ Any parent, guardian,
or any adult person under whose care or control a child under such
age lives, w ho,” * * *.
Approved March 23, 1910.
C h a p t e r 123.— H ours o f labor o f em ployees on public works.
.
S e c t io n 1 The service and employm ent of all laborers and E i g h t - h o u r
mechanics who are now or may hereafter be employed b y the Com- y*
monwealth of Kentucky, or b y any contractor or subcontractor, upon
any of the public works of the Commonwealth of K entucky, is hereby
limited and restricted to eight hours in any one calendar day, and it
shall be unlawful for any officer of the Commonwealth of Kentucky
or any such contractor or subcontractor, whose duty it shall be to
employ, direct, or control the services of such laborers or mechanics to
require or permit any such laborer or mechanic to work more than
eight hours in any calendar day except in case of extraordinary emer
gency.
S e c . 2 . A ny officer or agent of the Commonwealth of K entucky, or Violations,
any contractor or subcontractor whose duty it shall be to employ,
direct, or control any laborer or mechanic employed upon any of the
public works of the Commonwealth of K entucky, who shall intention
ally violate any provision of this act, shall be deemed guilty of a mis
demeanor, and for each and every such offense shall, upon conviction,
be punished b y a fine not to exceed five hundred dollars, or b y impris
onment for not more than three months, or b y both such fine and
imprisonment, in the discretion of the court having jurisdiction thereof.
Neither approved nor disapproved b y the governor.
1062
B U L L E T IN
OF T H E B U R E AU
OF LA BO R.
LOUISIANA.
ACTS OF 1910.
A ct No . 28.—Suits for wages—Sending claims outside the State.
Sending
out S e c t io n 1. It shall be illegal for any person, firm or corporation to
claims forbidden. 8eek, solicit, receive or transfer any account, note or other claim against
a resident of this State, who works for a salary or wages, with a view or
with the intention of suing on it in another State, or permitting such to
be done, or aiding or abetting such suit on such claim in another State,
against a resident of this State.
Approved June 24, 1910.
A ct N o . 42 .—Assignments
License
re-
qmrecL
Fees.
Exemptions.
of wages— Wage brokers.
S e c t io n 1. Each and every money broker, money lender, or person,
firm, or corporation lending money on or purchasing time wages or
salary of laborers, clerks or other wage-earners or other persons, whether
the same is earned or unearned and whether said business is conducted
in an office or otherwise, the license shall be graded according to the
actual capital in use in said business as follows:
First class.—Where the capital in use is $250,000.00 or more, the
license shall b e $3,000.00.
Second class.—Where the capital in use exceeds $100,000.00 and is
not more than $250,000.00, the license shall b e $2,000.00.
Third class.—Where the capital in use exceeds $75,000.00 and is
not more than $100,000.00 the license shall b e $1,500.00.
Fourth class.—Where the capital in use exceeds $50,000.00 and is
not more than $75,000.00 the license shall be $1,200.00.
Fifth class.—Where the capital in use is not less than $25,000.00 and
is not more than $50,000.00 the license shall b e $600.00.
Sixth class.—Where the capital in use is less than $25,000.00 the
license shall be $300.00.
Provided, That if any person, firm or corporation carrying on the busi
ness designated in this section, shall conduct more than one office or
place of business, whether in the same or under different names, such
person, firm or corporation shall pay a separate license for each and
every office or place of business it shall conduct according to the herein
above classification.
Providedfurther, That this act shall not apply to persons, corporations
or institutions carrying on a banking business as provided for b y para
graph 2 of A ct 171 of 1898. And providedfurther, That this act shall not
apply to persons, corporations or companies lending money, secured b y
mortgage upon real estate.
Approved June 29, 1910.
A ct N o . 254.—Department
of mining and minerals—Inspector of mines.
D epartm ent S ection 1. There is hereby established a department of mining and
created.
minerals, including gas and oil, to consist of the register of the state
land office, who shall be ex officio supervisor of minerals, and one deputy
supervisor of minerals, who shall be a person having a practical knowl
edge of geology, and natural gas, and oil, and who shall be appointed and
commissioned b y the governor, on the recommendation of the conser
vation commission, for the period of one year at a tim e; * * *
Dutiesolsuper* Sec . 2. The supervisor of minerals shall make inspection, either in
visor*
person or through the deputy supervisor, of all mining operations car
ried on in this State, particularly that of the production of natural gas
and oil, so far as practicable, and shall see that every precaution is taken
to insure the health and safety of workmen engaged in mining. * * *
*
*
*
*
*
*
*
H e shall report * * * the amount of capital invested in the
oil, gas and other mining industries, and the number of persons em
ployed in the same; the amount of capital invested in manufactures
located on account of natural gas and oil and other minerals, and the
number of employees, and other facts or information as the conserva
tion commission may require.
Approved July 7,1910.
L A B O R L A W S -----M A R Y L A N D ----- A C T S OF 1910.
1063
MARYLAND.
ACTS OF 1910.
C h a p t e r 587.— Employment o f children—Messenger service.
(Page 66.)
S e c t io n 1. N o telegraph, telephone or messenger company [shall]
em ploy any person under fourteen years of age to call for or deliver any
message.
Sec . 2. N o telegraph, telephone or messenger company shall require
or permit any person in its em ploy under sixteen years or age to call for
or deliver any'telegram or other message between the hours of eight
o ’clock p. m. and eight o ’clock a. m.
S ec . 3. N o telegraph, telephone or messenger company shall require
or permit any minor persons m its em ploy to call for or deliver any telegram or other message at or to any house of ill repute or questionable
character wherein is conducted any business tending to demoralize
b y example or contact said minor.
S ec . 4. A n y company or representative thereof who shall violate
the provisions of this b ill shall be subject to a fine of not less than one
hundred dollars nor more than five hundred dollars, or sixty days in
jail or both, at the discretion of the court, for each and every offense.
Approved April 8, 1910.
C h a p t e r 607.— Employment
Age limit,
Night work,
s e ndi ng to
of 111
Violations,
of children—Hours of labor— Penalty.
(Page 91.)
S e c t io n 1. Section 226 of article 27 of the Public General Laws of
Maryland * * * [218, Poe’s Code of 19031 is hereby repealed and
reenacted with amendments so as to read as follows:
Section 226. A n y persons who shall so em ploy a child or suffer or Violations,
permit such employm ent shall be guilty of misdemeanor and upon
conviction shall be fined not less than one hundred dollars; one-half of
which shall be paid to the Maryland state bureau of statistics and in
formation, w hich is hereby invested with the general duty and power
of enforcing this law.
A pproved April 11, 1910.
C h a p t e r 724.— Inspection
of factories and workshops—Floors of shirt
factories to be sprinkled.
(Page 139.)
S e c t io n 1. The proprietors or managers of shirt factories in the Sprinkling re
state of Maryland are hereby required to sprinkle the floors of said <luire(ifactories every morning with water, and any proprietor or manager
failing to com ply with the provisions of this act shall be deemed guilty
of a misdemeanor and upon conviction shall be fined the sum of ten
dollars, and cost of prosecution, for each and every offense, one-half of
said fine to go to the informer, balance to be paid into the treasury of
the State.
Approved April 8, 1910.
C h a p t e r 436.— Examination
and licensing of plumbers.
(Page 155.)
S e c t io n 1. Article 43 o f the Code of Public General Laws of Maryland
(Code of 1904), title “ Health,” is hereby amended b y adding seven
sections thereto under the sub-title “ Plum bing,” to be known as
sections 184, 185, 186, 187, 188, 189 and 190, and to read as follows:
Section 184. It shall not be lawful for any person, firm or corporation Certificate
to employ as workmen to do plumbing work in the State of Maryland quired.
any persons except those qualified to work at the plum bing business,
as provided in this subdivision of this article; ana no person shall be
qualified to work at the plumbing business in this State unless he has
re-
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made application to and received from the state board of commissioners
of practical plumbing the certificate of competence described in section
186 of this article and is otherwise qualified as required b y this sub
division of this article. A ny person, or firm engaged in the plumbing
business in this State, and the superintendent, manager, agent or other
officer of any corporation engaged in the plum bing business in this
State, who snail em ploy any person to work at the plumbing business
who is not qualified as required b y this subdivision of this article, shall
be guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than ten dollars, nor more than fifty dollars, for every
day or part of every day that such employer shall em ploy such work
man. A nd any person or firm not engaged in the plum bing business
in this State, and the superintendent, manager, agent or otner officer
of any corporation not engaged in the plumbing business in this State,
who shall em ploy any person to do plumbing work in this State,
knowing the person so em ployed is not qualified to work at the plumbing
business as required b y this subdivision of this article, shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be fined not less
than ten dollars, nor more than fifty dollars, for every day or part of
every day that such employer shall so em ploy such workman.
Working withSec. 185. If any person shall work at the plum bing business in
out certificate,
this State without being qualified as required b y this subdivision of
this article, he shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than five dollars, nor more
than fifty dollars, for every day or every part of every day that such
workman shall work at the plumbing business.
Board of exSec. 186. The governor snail appoint biennially five persons who
aminers.
shall constitute a board of commissioners, which shall be known and
designated as ‘ ‘ The state board of commissioners of practical plum bing,’ ’
and who shall be selected as follows: Three persons who are practical
and skilled plumbers from the city of Baltimore, the commissioner of
health of Baltimore City, and a member of the state board of health
from the State at large, whose duty it shall be to faithfully and impar
tially execute, or cause to be executed, all the provisions and require
ments of this subdivision of this article; upon application and at such
place or places in this State as they may determine, provided at least
once in each year the examination shall be held in Baltimore city, they
shall examine each and every person who shall desire to work at the
plumbing business, touching his com petency and qualifications; and,
upon being satisfied that the person so examined is competent and qual
ified to work at said business, they, or any three of them, shall grant to
such person a certificate of com petency and register him in their books
as a practical plumber, which snail operate as full authority to him to
work at, conduct and engage in the said plumbing business for the
Master plumb- period for which such certificate shall be granted, and such certificate
ers.
may be called or designated b y said board a “ Master plum ber’s certifi
cate.”
Fee.
Sec. 187. The said board of commissioners shall demand and receive
from such applicant for a certificate of com petency whom they examine
and pass, the sum of three dollars at the time of the issuance of said certif
icate, and the sum of one dollar for the renewal thereof each and every
year thereafter, on or before the first day of May, and said board at any
Renewals.
time may require on any application for renewal any applicant to pass
another examination before issuing any renewal, or may issue any
renewal without requiring any other examination, as said board in
each case from year to year may deem proper.
Duties of board.
Sec. 190. The said board of commissioners are empowered to make
such rules and regulations for the enforcement of the provisions of this
act and for the performance of their duties hereunder, from time to time,
as in their judgment they may deem necessary and requisite; and they
Journeymen, may provide for the examination of applicants for journeyman plum b
er’s certificates or permits, and for the issuing of certificates or permits
to journeyman plumbers after passing such examination as said com
missioners may deem proper, said commissioners designating them
either “ certificates” or “ permits,” as they may deem proper, and they
Apprentices.
may provide for the issuing of permits to apprentices, so that, however,
said journeyman plumbers ana said apprentices shall be authorized to
work only under the direction and control of a duly certified master
L A B O R L A W S — M A R Y L A N D — A C T S OF 1910.
1065
plumber; and that said certificates or permits shall be so framed as to
show that said journeyman plumbers and said apprentices are author
ized to work only as above provided. Said board may demand and
receive from each journeyman plumber the sum of two dollars at the
time of issuing of tne first certificate to said journeyman plumber, and
the sum of one dollar for the renewal thereof each and every year
thereafter, on or before the first day of May; and said board, at any time,
may require, on any application for renewal, any applicant to pass
another examination before issuing any renewal, or may issue any
renewal without requiring any other examination, as said board in
each case, from year to year, may deem proper; but no charge shall
be made for the issuing of permits or renewals of permits to apprentices.
Said commissioners may fix the requirements of the com petency and
qualification of applicants, whether of master plumbers or of journey
man plumbers, as different standards, in their judgment, for different
parts of the State, and may accordingly lim it the certificates so as to
permit the holder thereof to do plumbing work only in certain specified
sections of the State, as said commissioners may determine. Whenever Laws to be con.
b y any of the general or local laws of this State it is or shall be provided strued, how.
that a permit shall be granted to anyone qualified to work at the plum b
ing business or to do plumbing work, however the same may be desig
nated, or that certain appointments shall be given to or certain duties
shall be performed b y one qualified to do plumbing work, or any other
reference is made to one qualified to do work which shall be included
under the term “ plumbing w o rk /’ however the same shall be desig
nated, then such general or local laws shall be held to refer only to one
qualified to work at the plumbing business under his own direction;
that is, one holding a certificate authorized to be called a “ Master
plumber’s certificate,” and shall not be held to refer to a journeyman
plum ber-or to an apprentice. Said commissioners may revoke any License may be
certificate or permit which, after notice to the holder ana hearing they revoked,
may determine has been obtained b y fraud or misrepresentation, or
has been issued b y mistake or inadvertence, and said commissioners
may revoke or suspend for such time as they may deem proper the
ration of any certificate or permit whan the said commissioners,
r notice to the holder and a hearing, shall determine that the holder
thereof has used such certificate or permit contrary to the provisions
of this Subtitle, or to any rules or regulations of said commissioners
adopted in pursuance of the provisions of this subtitle, or contrary to
the limitations contained in said certificate or permit, or has violated
any of the provisions of this subtitle. Nothing in this act shall be
construed to prevent incorporated gas companies from making con
nections of gas appliances for domestic purposes.
Approved April 11, 1910.
X
C h a p t e r 250.—
Union label to be used on public printing.
(Page 234.)
S e c t io n
1. A new section is hereby added to article 78 of the Code
of Public General Laws of Maryland, title “ Public printer,” to follow
section 6, and to be known as section 7, and to read as follows:
Section 7 . On and after the passage of this act the “ public printer” Union
shall cause to be affixed to all public printing provided for in this title quired*
the union label recognized b y the organization known as the Interna
tional Typographical Union.
Approved April 11th, 1910.
C h a p t e r 361.—Mine
label re
regulations— Ventilation.
(Page 474.)
S e c t io n 1 . Section 209H of article 1 , and section 164G of article
12 of the Public Local Laws of Allegany and Garrett counties, respec
tively, as enacted b y chapter 124 of the Acts of the year 1902, is hereby
repealed and reenacted with amendments, so as to read as follows:
Section 209H of article 1, section 164G of article 12. It shall be the Cut throughs
duty of the superintendent and mine foreman, and of each of them, to required*
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see that proper cut throughs or crosscuts are made in all the rooms or
pillars at such distances apart as the mine inspector shall deem requisite,
not more than thirty-five yards in any instance in what is Imown as the
Big Vein, and not more than twenty yards apart in any of the other
veins, for the purpose of ventilation, and the ventilation shall be con
ducted through said cut throughs or crosscuts into the faces of the rooms
b y means of check doors made of canvas or other suitable material,
placed in the entries and other suitable places, and such superintendent
or mine foreman shall not permit any room to b e opened in advance of
the ventilating current. Should the mine inspector discover any room,
entry or other working place being worked in advance of the air current,
or shall discover any cut throughs not properly closed or bratticed, in
violation of the requirements of this section, he shall order the man or
men employed in such place or places to cease work at once. A ny vio
lations of the requirements of this act b y any person shall constitute a
misdemeanor, punishable as provided in chapter 124 of the Acts of the
year 1902, and the acts amendatory thereof.
Approved April 13, 1910.
C h a p t e r 153.— Miners'
cooperative insurance fund—Allegany and
Garrett counties.
(Page 484.)
S e c t io n 1. There be and is hereby added to the Code of Public
Local Laws, title “ Allegany County,” article one, and title *4Garrett
County,” article twelve, a new subtitle to be designated ‘ ‘ Miners and
operators cooperative relief fund,” to take the place of chapter 412 of
the Acts of the General Assembly of Maryland of the year 1902 (which
last-named act is hereby repealed), such subtitle to be and t6 read as
follows:
Sec . 2. The word 4‘ operator” as herein used shall include every cor
Definitions.
poration, person, partnership or association engaged in the business of
coal mining or clay mining in Allegany and Garrett counties, Maryland.
The work “ em ployee” as herein used shall include miners, helpers,
laborers, drivers, trappers, road men, prop men, repairers, foremen,
superintendents and every em ployee engaged directly in or about the
coal and clay mine of an operator.
Fund created.
Sec . 3. There is hereby created for Allegany and Garrett counties,
respectively, a fund for the relief and sustenance of employees and their
dependents, when said employees have sustained injuries or disability
in the discharge of their duty, and for the relief and sustenance of the
dependents of such employees when death has resulted from such
injuries; said fund to be made up of the proceeds of the tax hereafter
levied and the increments from the investments thereof, as well as
such donations and legacies as may be made thereto. In order to
Contributions. create and maintain said fund a tax is hereby levied and imposed upon
each operator and em ployee as follows: Upon each em ployee in Alle
gany and Garrett counties, a tax of twenty-seven cents for each month
or fraction of a month that he is employed b y any operator, and upon
each operator a like tax of twenty-seven cents for each month or fraction
of a month in respect of each employee paying the tax aforesaid, and
employed b y said operator in Allegany and Garrett counties. Such
tax shall be due and payable monthly to the treasurers of Allegany and
Garrett counties, respectively, in which the mine is operated, and be
payable on or before the twenty-fifth day of the month next succeeding
the month for which such tax is payable. In order to secure the
effectual payment of such tax each operator is authorized and required
to deduct and retain fjom the wages of each em ployee employed b y him,
on his pay rolls in Allegany and Garrett counties, the sum of twentyseven cents per month or fraction of a month, if said em ployee be
employed for less than a month, and on or before the fifteenth day of
the month next succeeding the month for which such deduction is made,
shall make a report of the number of employees so em ployed, under
oath, to the treasurers of Allegany or Garrett County, where the par
ticular mine is located, and on or before the twenty-fifth day of said
succeeding month shall pay over unto the treasurers of Allegany or
L A B O R L A W S — M A R Y L A N D — A C T S O F 1910.
1067
Garrett County, as the case may be, the total amount so deducted and
retained from the wages of the employees for the preceding month,
together with a like amount to be paid b y the operator. It shall be
the duty of the county commissioners of Allegany and Garrett counties
respectively, to enforce, b y appropriate remedies, the collection and
payment of the tax hereby levied; and to all taxes in default there shall
be added and collected interest at the rate of six per cent per annum
from the date when due.
S e c . 4 . The treasurers of Allegany and Garrett counties shall be County treaslegally liable to the respective boards of county commissioners for the urers hold*
safe and proper custody of the moneys received b y them under this act,
and shall hold the same in a separate fund, to be known as “ Miners and
operators cooperative relief fu nd,” and shall only draw upon said fund
as provided b y this act. The respective boards of county commissioners
may award the treasurers in compensation for their services hereunder
in Garrett County, an amount equal to two per cent, and in Allegany
County an amount equal to one per cent, of the tax collected hereunder,
said compensation to be paid out of the general revenues of the respect
ive counties, and said treasurers shall each keep careful statistics of
the operations of this function, prepare and submit monthly in advance
to the operators forms for their reports, and himself make monthly
reports on or before the first day of each month of the operation of the
same to the county commissioners of his county, stating receipts, dis
bursements and such other facts as may be necessary to correctly pre
sent the status of the fund. The treasurer of Allegany County shall
give bond to the State of Maryland in the sum of twenty-five thousand
dollars, and in such further sum as may from time to time b e fixed b y
the county commissioners of said county; and the treasurer of Garrett
County, in the sum of five thousand dollars, and in such further sum as
may from time to time be fixed b y the county commissioners of said
county, to secure the faithful performance of their duties, and such
bonds to b e approved b y the county commissioners and the cost thereof
to b e charged to the fund.
S e c . 5 . The treasurers of Allegany and Garrett counties, respectively, ,^ ?Y P ayi?ents
shall make payments out of the fund, when directed b y the cou n tyslia111)6 made*
commissioners of each county, as follows: (a) In the event of personal
injuries to any person received while in discharge of his duty as an
employee of any operator, subject to the provisions of this act and which
shall have com plied with the provisions hereof; in case of loss of; both Scale«
hands, severance at or above the wrist joint, seven hundred ana fifty
dollars; both feet b y severance at or above the ankle joint, seven hun
dred and fifty dollars; one hand and one foot at or above the said joints,
seven hundred and fifty dollars; either hand b y severance at or above
the wrist joint, three hundred and seventy-five dollars; either foot b y
severance at or above the ankle joint, three hundred and seventy-five
dollars; entire sight of both eyes, if irrevocably lost, seven hundred
and fifty dollars; entire sight of one eye, if irrevocably lost, three hun
dred and seventy-five dollars, (b) In the event of personal injuries
as aforesaid resulting in any of the losses hereinbefore designated, the
additional amount of one dollar per day, not including Sundays,
excluding the first week following the injury, while he is being treated,
for a period not exceeding twenty-six weeks, (c) In the event of
ersonal injuries as aforesaid not resulting in any losses hereinbefore
esignated, but resulting in total disability, one dollar per day, not
including ^Sundays, excluding the first week following the injury , for
a period not exceeding fifty-two weeks, (d) In the event of personal inju
ries as aforesaid resulting m death within a period of one year, one thou
sand five hundred dollars: Provided, That in case of any payments shall
have been made [sic] on account of the above-mentioned losses or dis
ability during treatment, or total disability resulting from said injuries,
the amount thereof shall be deducted from the sum payable upon death
of the person injured, (e) In case of death resulting from having come
in contact with any of the mine gases, one thousand five hundred dol
lars. When any such employee shall have suffered loss from injury in
the discharge of his duty, as aforesaid, the county commissioners for
the county m which he shall have suffered said loss from injury, shall,
within thirty days after the receipt b y them of satisfactory proof thereof,
S
1068
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direct the treasurer of the county to pay unto said employee upon his
proper receipt therefor the sum of relief m oney as provided herein for
such loss from injury; when such injury shall result in disability as
aforesaid, the said county commissioners shall within thirty days after
the receipt b y them of satisfactory proof of the injury and disability,
direct the said treasurer to pay said em ployee the per diem relief money
as herein provided. When such injury shall result in death or the
employee shall have been killed b y coming in contact with mine gases,
as aforesaid, said county commissioners shall, within thirty days after
the receipt of satisfactory proof of the injury and death, direct the said
treasurer to pay unto the personal representative of the deceased the
relief money as herein provided, to be disbursed b y him under the
direction of the county commissioners, as hereinafter provided, for the
Proof.
sustenance of the dependents of said deceased employee. The county
commissioners shall determine the manner and form of the proof herein
required: Provided, That such proof shall at least consist of a certifi
cate of the mine foreman or superintendent, and of the mine inspector,
that the injury was received b y the em ployee in the discharge of his
duty, and the certificate of a reputable physician setting forth the
injury in detail; and, in case of continuing disability, an additional
certificate, monthly, of such physician, certifying as to the period that
the em ployee has been unable to resume his duties as a direct result
of the injury; and in the case of death, an additional certificate of such
Actions.
physician that death has resulted from said injury. If the county
commissioners shall fail or refuse to direct the treasurer to pay or the
treasurer shall fail or refuse to pay unto any em ployee or personal rep
resentative of a deceased em ployee the relief money provided under
this act, suit may be brought b y him, and in such suit m e county com
missioners of the proper county shall be made defendant and shall
defend such suit as other cases and have power to compromise the same
in the exercise of a just discretion, and if not compromised the court
shall determine whether such relief m oney ought to be payable under
this act, but any judgment rendered in such cases shall only be payable
out of the relief fund: Providedf That any such suit shall be brought
b y the em ployee within twelve months from the date of the injury and
b y the personal representative within six months from the date of the
death or the deceased employee, and failure to commence such suits
within said periods shall forfeit all right or claim of said parties to any
payments out of said fund.
Applications S ec . 6. Upon application b y a personal representative for the relief
Sentatives. rep" money contemplated b y this act, for the sustenance of the indigent
dependent or dependents of a deceased em ployee, the county commis
sioners shall determine who the dependents are, and the relative claims
and necessities of each for shares of the relief m oney payable, whether
the age, habits, and prudence of such dependents, if any, are such as
to render them fit persons to receive the principal of such relief money
as may be apportioned b y the county commissioners to any dependent,
Payments.
and if not, then the county commissioners may o^der such relief m oney
paid in lim ited parts, periodically, until the portion and interest thereon
of such dependent shall becom e exhausted. In the case of the depend
ents consisting of a mother and infant children said commissioners may,
after adequate investigation, if they shall deem it of advantage to the
dependents, order not more than seven hundred and fifty dollars of
such relief money invested in a home for such dependents, the title to
be in fee, and to b e invested in the personal representatives as trustee
for the benefit of such dependents, and after such dependents shall
arrive at the age of twenty-one years, or marry, then for the benefit of
the mother exclusively; and such commissioners may pass such orders
in relation to the sale, lease or mortgage of said home as may from time
to time becom e expedient, [;] with a view to effectuate the relief
hereby intended for indigent dependents and to prevent dependents
from suffering and want, and to conserve such relief money from waste,
the county commissioners are hereby given plenary administrative
power over the same b y appropriate orders, [;] such personal repreDuty of per- sentative shall report annually in detail to the county commissioners
tives! representar the status of the relief fund in his hands, but shall not be required to
account for same in the orphans’ court; and the county commissioners
L A B O R L A W S -----M A R Y L A N D -----A C T S O F 1910.
1069
shall require such personal representative to give bond to the State of
Maryland for the safe custody of the relief fund in his hands in the sum
of two thousand dollars, and may be allowed the first year not exceed
ing two per cent commissions on the principal thereof, and five per cent
yearly thereafter on the incom e in payment for his services. He shall
deposit said relief money, not otherwise invested, in such bank as the
county commissioners may direct and shall only draw thereon in
accordance with orders of such commissioners. From any order passed
b y said county commissioners under this section the personal repre
sentative or any person claiming to be a dependent may appeal within
sixty days to the circuit court of such county, whereupon such circuit
court shall have jurisdiction to determine the issues of fact and law
raised b y such appeal, and may pass such rules as may be judged neces
sary to expedite and effectuate the determination of such issues, in
which appeals the county commissioners shall be party defendant.
S e c . 7. If at any time the relief money payable hereunder shall Advances,
exceed in amount the sum in the hands of the treasurer for that purpose,
so that the fund be depleted, then the treasurer of Allegany County or
Garrett County, as the case may be shall advance to the treasurer of
such depleted fund, so far as able, such sum as may be necessary to pay
any accrued relief money, which shall be repaid b y the said borrowing
treasurer out of the first available receipts derived from such tax.
And if it shall so happen, at any time, that the proceeds imposed and Surplus funds,
collected b y the treasurers of Allegany and Garrett counties shall in the
aggregate funds of both treasurers exceed the sum of fifty thousand
dollars surplus, over and above the pending and accrued claims on the
same under this act, such treasurer shall report the fact to the county
commissioners of such counties; whereupon the said board of county
commissioners are hereby empowered and directed to remit tempo
rarily the taxes hereby imposed from month to month, as long as (and
no longer than) such surplus shall exceed fifty thousand dollars in
amount, and when it shall be reduced to said sum or under, then the
said tax shall becom e again payable as provided b y this act. It shall
be the duty of the treasurer to invest under the orders of the county
commissioners any surplus above the sum of two thousand dollars in
his hands, in such pu blic bonds as said commissioners may direct, and
to credit such fund with the interest derived therefrom; and upon the
retirement from office or any disqualification to act of such treasurer the
entire fund, including such bonds, and the books and papers pertaining
to such fund, shall be delivered b y such treasurer to his successor in
office, who shall receipt for the same.
S e c . 8. A ll assignments of claims for relief money provided in this Assignments
act and all assignments of claims against any operator for injuriesvoid*
received b y an em ployee in the discharge of his duty or for disability
or death (provided such operator shall not have been m default in com
pliance with the provisions of this act at the time of such injuries, dis
ability and death) shall be null and void, and said claims shall not be
subject to attachment, garnishment or other legal process.
S ec . 9. N o suit or action shall lie or be brought or maintained against Suits,
any operator for or in respect of the death of any employee whose
personal representatives shall have accepted the relief money provided
for in this act, and no such suit or action shall be brought before the
expiration of six months from the date of the em ployee’s death, nor
while any suit brought b y the personal representative for such relief
money is pending. In case any suit or action is brought against any
operator b y any person claiming damages for or in respect of injury or
disability received in the discharge of his duty as an employee of such
operator, all right and claim of suchperson to any payments out of the
fund shall be thereby forfeited. When any person claiming that he
has sustained injury or disability, shall accept any relief money,
provided for in this act, for and in respect of such injury or disability
or shall commence any suit against the county commissioners for such
relief money, the operator in whose employ such person sustained the
injury or disability shall be exem pt from liability therefor, and there
after no suit or action shall lie or be brought or maintained against such
operator for or in respect of such injury or disability or death resulting
therefrom: Provided, That the provisions of this section shall not apply
1070
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to cases where the operator has been in default in compliance with the
provisions of this act at the time of the injury, disability or death.
S e c . 10. If any suit or action be brought against any operator for or
Judgments
against employ in respect of any injury or disability received b y an employee while
ers.
in the discharge of his duty or for death resulting therefrom, including
death from contact with mine gases, and said operator shall appear and
defend such suit or action, and a judgment shall be rendered against
him, he shall, after satisfying said judgment and upon filing with the
county commissioners a certified copy of said judgment and the order
of satisfaction, be entitled thereafter to deduct from the payments
required to be made b y him hereunder to the county treasurer, a sum
equal to the amount of said judgment and costs: Provided, That said
operator shall have notified the county commissioners of the pendency
oi said suit or action: And provided further, That at the time of the
injury, disability and death the operator has com plied with the pro
visions of this act.
Approved April 7,1910.
C h a p t e r 693.— Examination
and licensing of operators of moving-picture
machines.
(Page 603.)
New article.
S e c t io n
1. A new article, to be known as ‘ ‘ Moving-picture machine
operators,” and to be numbered as article — , is hereby added to the
Code of Public Local Laws, whose provisions shall be as follows:
Definition.
S e c . 2. The term “ Moving-picture machine operators,” as used in
this act, shall be defined as ana including any and all persons engaged
License.
in the operation of electrical moving-picture machines. A license of
‘ ‘ Moving-picture machine operator” issued in accordance with the
provisions of this act shall entitle any such person so licensed to operate
any moving-picture machine or electrical projecting apparatus, and
install, erect or repair any lighting fixture, devices and the necessary
wiring in connection with the same in a theatre, moving-picture parlor
or hall where em ployed as a *‘ Moving-picture machine operator:”
Provided, Such fixtures, apparatus and devices are not located more
than fifteen feet from the outlet for supplying current for the same.
Board of exam*■ S e c . 3. The governor shall biennially appoint in and for Baltimore
iners.
city three persons, one from the board of fire underwriters’ association,
one master electrician to represent the building inspector’s office of
the city of Baltimore, and one moving-picture machine operator, all
of whom have had not less than five years’ experience at the business
and who have resided in Baltimore city, State of Maryland, for a period
of not less than two years next preceding their appointment, who shall
be known as the board of examining moving-picture machine opera
tors. The parties so appointed, before entenng upon their duties,
shall make oath before a justice of the peace that they will faithfully
perform the duties of their office, and shall give bond in the sum of
two thousand dollars, to be approved b y the clerk of the superior
court of Baltimore city.
Operators t > S e c . 4. All persons who at the time of the enactment of this act
procure licenses. are engaged in the business of a “ moving-picture machine operator”
in the city of Baltimore, as described in section 2 of this act, shall
within sixty days after the first day of May, 1910, com ply with all
the provisions oi this act: Otherwsie they shall be guilty of a misde
meanor, and, upon conviction before a justice of the peace or a police
justice, be fined a sum not less than ten dollars, nor more than fifty
dollars, for each day or fraction thereof that they shall pursue the busi
ness of “ moving-picture machine operator” in the city of Baltimore,
and, if said fine is not paid, he shall be subject to imprisonment for
ninety days, or both, at the discretion of the judge.
Examinations.
S e c . 5 . If any such person desires to engage or continue in said busi
ness of “ moving-picture machine operator” after the passage of this
act he shall apply to the board provided for in section 3 of this act for a
license and submit to an examination as to his qualification before said
board; and, if found proficient b y said board, they shall issue a license;
1071
LABOR LAW S -----M A R Y L A N D -----A C T S OF 1910.
otherwise vthey shall refuse to grant a license until such time after
another examination he shall show the required skill to be entitled
to practice the business of “ moving-picture machine operator.” If
the said board shall find, after due examination that the said applicant
for a license possesses a reasonable knowledge of the “ moving-picture
machine operator ” business and electricity, then the said board shall,
upon the payment of the fee herein provided for, issue to said applicant
a license for a term of not more than one year, and shall keep a record
of all licenses so issued; and no person shall be granted a license who has
not reached the age of 21 years and makes oath to such fact, and has
served at least one year with a licensed moving-picture operator in the
business: Provided, That each applicant for the license shall pay to Fee.
the said board a license fee of ten dollars ($10), said license to be good
for a term of one year, and at the expiration of said term a renewal shall
be issued b y said board upon the payment of a fee of five dollars ($5)
for said renewal; no person granted a license under the provisions of
this act, shall operate a moving-picture machine or electrical project
ing apparatus after the expiration of said license or after said license
shall nave been suspended or revoked as herein provided, unless the
said license or renewal of the same shall have been received as herein
provided.
S ec . 6. The said board shall have full power to suspend or revoke the Revocation of
licenses.
license of any “ moving-picture machine operator” who is negligent
or operates any moving-picture machine or electrical projecting appa
ratus in a dangerous or improper manner, so as to be dangerous to the
safety of life or property: Provided, That no license or renewal thereof
shall be suspended or revoked unless an opportunity is afforded the
party charged-to be present in person or b y counsel, and make any
defense he may have; no license shall be revoked or suspended for a
longer period than six months for the same offense; nor shall any person
be granted a new license within the period that the license stands sus
pended or revoked, or until one year thereafter; no license or renewal
of same shall b e assignable or transferable, and all renewals shall be
kept a record of as in the case of original license.
S ec . 7. * * * the said board shall meet as often as necessary Me e t i n g s of
for the proper transaction of its business, and shall give at least five board.
days’ notice in some daily newspaper published in Baltimore city of
the time and place of meeting for the purpose of examining applicants;
said board shall meet once in each month; and all licenses and renewals
of licenses shall expire on the first day of May of each year.
Approved April 13, 1910.
Chapter 662.—Examination and licensing of stationary engineers.
(Page 615.)
Law to cover
[This act amends section 427 of article 4 of the Public Local Laws State.
so as to give the board of examining engineers authority to examine
and license stationary engineers throughout the State instead of in
the city of Baltimore only. Instead of three grades of certificates,
four are provided for, the first permitting the holder to take charge of
any plant of machinery, the second of machinery of from one to five
‘ hundred horsepower, the third of from one to thirty horsepower, and
the fourth to take charge of hoisting or portable plants.]
Chapter 94.—Employment of labor on public works— Baltimore.
(Page 642.)
Minimum
[This act amends section 2 of chapter 85 of the Acts of 1908 (page 613)
b y adding a provision fixing the minimum rate of wages to be paid wages.
laborers, workmen and mechanics employed directly b y the mayor and
city council at two dollars per day.]
64181°— No. 91— 11------14
3.072
B U L L E T IN
OP T H E
C h a p t e r 211.— Payment
BUREAU
OP LA BO R.
o f wages—Semimonthly pay day—Garrett
County.
(Page 876.)
Law to cover [This act amends chapter 37 of the Acts of 1904 b y making that law
all employers.
applicable to all employers engaged in mining coal or fire clay in Garrett
County instead of to corporations only. It also provides that if an
earlier day than the statutory one is to be used as pay day, at least
three days notice of the fact shall be given.]
MASSACHUSETTS.
ACTS OF 1910.
C h a p t e r 134.— Commission
on the cost of living.
Commi ssion
created.
S ection 1. A commission, which shall be known as the Massachu
setts commission on the cost of living, is hereby created to investigate
thoroughly the cost of living in this Commonwealth, The commission
shall report its findings and recommendations to the general court not
later than the first day of May in the year nineteen hundred and ten.
Duty.
S ec . 2. It shall be the duty of said commission to inquire into the
causes of the increased prices of the necessaries of life, as compared with
wages and income, and to inquire into the direct and indirect effect
of our present tariff laws upon wages, incom e and cost of living.
Members.
S e c . 3. The members of the said commission shall be chosen with a
view to their special knowledge of law, trade, labor and political
economy, and shall consist of five persons to be appointed b y the gov
ernor with the consent of the council.
Powers.
S ec . 4. The commission shall have power to compel the attendance
of witnesses and the production of books and papers, and shall, with
the approval of the governor and council, have the right to travel.
The commission may employ such clerical assistance as it deems
necessary. The governor ana council shall determine what compen
sation, if any, members of the commission shall receive.
Appropriation.
S ec . 5. A sum not exceeding fifteen thousand dollars may be
expended in carrying out the provisions of this act.
Approved February 28, 1910.
C h a p t er 257.— Employment
of children—Medical inspection.
Duties
school
tee.
of S ection 1. Section one of chapter five hundred and two of the acts
commit of the year nineteen hundred and six is hereby amended * * *
so as to read as follows: Section 1. The school committee of every city
and town in the Commonwealth shall appoint one or more school
physicians, shall assign one to each public school within its city or town,
and shall provide them with all proper facilities for the performance
of their duties as prescribed in this act; and shall assign one or more to
perform the duty of examining children who apply for health certificates
in accordance with this act: Provided, however, That in cities wherein
the board of health is already maintaining or shall hereafter maintain
substantially such medical inspection as this act requires, the board
of health shall appoint and assign the school physician.
D u t i e s o f S e c . 2. Section two of said chapter five hundred and two is hereby
school physician. amended * * * so as to read as follows: Section 2. Every school
physician shall make a prompt examination and diagnosis of all children
referred to him as hereinafter provided, and such further examination
of teachers, janitors and school buildings as in his opinion the protection
of the health of the pupils may require. Every school physician
who is assigned to perform the duty of examining children who apply
for health certificates shall make a prompt examination of every child
who wishes to obtain an age and schooling certificate, as provided in
section sixty of chapter five hundred and fourteen of the acts of the
year nineteen hundred and nine, and who presents to said physician
an employment ticket, as provided in said section, and the physician
shall certify in writing whether or not in his opinion such child is in
sufficiently sound health and physically able to perform the work
which the child intends to do.
LABOB LAW S— MASSACHUSETTS— ACTS OF 1910.
1073
S ec . 3. [This section adds to the provisions of section 58 of chapter Children
to
514, Acts of 1909, the requirement of a health certificate from a school tnicates. ** cer’
physician as a condition to the issuing of an age and schooling certificate,
unless the school records show proof of sufficient health and physical
ability for the intended employm ent.]
A ppoved March 19, 1910.
C h a p t e r 259.— Inspection
of factories—Sanitary provisions.
[This chapter amends sections 80 and 82 of chapter 514, Acts of 1909, Enforcement of
b y striking out the words “ the inspection department of the districtia *
p olice,” where those words occur, and substituting therefor the words,
“ a state inspector of health.” ]
Ch a p t e r 350.— Payment
of wages due discharged employees.
S ection 1. Section one hundred and twelve of chapter five hundred da? eekly p a y
and fourteen of the acts of the year nineteen hundred and nine is hereby y*
amended * * * so as to read as follows:— Section 112. Every
manufacturing, mining, or quarrying, mercantile, railroad, street rail
way, telegraph or telephone corporation, every incorporated express
com pany or water company, ana every contractor, person or partner
ship engaged in any manufacturing business, in any of the building
trades, in quarries or mines, upon public works or in the construction
or repair of railroads, street railways, roads, bridges or sewers, or of
gas, water or electric light works, pipes or lines, shall pay weekly each
em ployee engaged in his or its business the wages earned b y him to
within six days of the date of said payment, but any employee leaving
his or her employment, shall be paid in full on the following regular Payment o n
pay dayj and any em ployee discharged from such employment shall discharge,
b e paid m full on the day of his discharge, or in the city of Boston as
soon as the provisions of law requiring pay rolls, bills and accounts to
be certified shall have been complied with; and the Commonwealth,
its officers, boards and commissions shall so pay every mechanic, work
man and laborer who is employed b y it or them, and every person
em ployed b y it or them in any penal or charitable institution, and
every county and city shall so pay every employee who is engaged in
its business the wages or salary earned b y him, unless such mechanic,
workman, laborer, or employee requests in writing to be paid in a dif
ferent manner; and every town shall so pay each employee in its busi
ness if so required b y him; but an employee who is absent from his regu
lar place of labor at a time fixed for payment shall be paid thereafter
on demand. The provisions of this section shall not apply to an
employee of a cooperative corporation or association if he is a stock
holder therein unless he requests such corporation to pay him weekly.
The board of railroad commissioners, after a hearing, may exempt any Railroads,
railroad corporation from paying weekly any of its employees if it
appears to the board that such employees prefer less frequent pay
ments, and that their interests and the interests of the public w ill not
suffer thereby. No corporation, contractor, person or partnership shall
b y a special contract with an em ployee or b y any other means exempt
himself or itself from the provisions of this and the following section.
Whoever violates the provisions of this section shall be punished b y a
fine of not less than ten nor more than fifty dollars.
Approved April 6,1910.
Ch a p t e r 404.— Employment
of children in dangerous trades.
S ection 1. Chapter five hundred and fourteen of the acts of the year
nineteen hundred and nine is hereby amended b v striking out section
seventy-five and inserting in place thereof the following: Section 7 5. How t r a d e s ,
The state board of health may from time to time upon the written etc., may be ciasapplication of any citizen of the Commonwealth, or upon its ownsified.
initiative, after such investigation as it considers necessary determine
whether or not any particular trade, processs of manufacture or occupa
tion, or any particular method of carrying on such trade, process of
1074
B U L L E T IN
OF T H E
BUREAU
OF LABOR,
manufacture or occupation, is sufficiently injurious to the health of
minors under eighteen years of age em ployed therein to justify their
exclusion therefrom, and every decision so rendered shall be conclusive
evidence of the facts in volved therein, except so far as the same may
later be revoked or modified b y a subsequent decision of the board..
Whoever, after being notified that the state board of health has deter
mined that a particular trade, process of manufacture, occupation or
method is injurious as above stated, employs therein a minor under
eighteen years of age shall be punished b y a fine of not more than two
hundred dollars and not less than fifty dollars for each offense, unless
prior to the time of such employm ent such determination shall have
been revoked or modified so as not to include the employment com
plained of.
Approved April 16, 1910.
Ch a p t e r 419.— Employment
of children in street trades.
S ection 1. Section seventeen of chapter sixty-five of the Revised
Laws, as amended * * *, is hereby further amended * * *,
Who may make 80 as to read as follows: Section 17. The mayor and aldermen or selectregulations.
men may make regulations relative to the exercise of the trade of boot
blacking b y minors and to the sale b y minors of any goods, wares or
merchandise, the sale of which is permitted b y section 15, and may
prohibit such sale or such trade, or may require a minor to obtain from
them a license therefor to be issued on terms and conditions prescribed
in such regulations: Provided, That in the case of persons under the
age of fourteen years in the cities of the Commonwealth the foregoing
powers shall be vested in and exercised b y the school committees of
Violations b y said cities. A minor who sells such articles or exercises such trade
minors;
without a license if one is required or who violates the conditions of his
license or any of the provisions of said regulations shall be punished
By p a r e n t s , b y a fine of not more than ten dollars for each offense. A n y person
employers, mer- w ho, h avin g a m inor under his control, kn ow in gly perm its h im to viola te
chants, etc.
the provisions of this act, and any person who procures or employs a
minor to violate the provisions of this act, and any person who either
for himself or as agent of any other person or of any corporation know
ingly furnishes or sells to any minor any of the articles above referred
to with knowledge that said minor intends to sell said articles in viola
tion of the provisions of this act, and after having received written
notice from the school committee that the minor is unlicensed, shall be
punished b y a fine of not more than two hundred dollars or b y imprison
ment for not more than six months. Truant and police officers shall
enforce the provisions of this chapter.
Apnroved April 21, 1910.
C h a p t e r 445.— Advertisements for
reaufed °f strike
q r ’
Violations.
labor—Notice of strike.
S ection 1. If an employer, during the continuance of a strike among
his employees, or during the continuance of a lockout or other labor
trouble among his employees, pu blicly advertises in newspapers, or b y
posters or otherwise, for employees, or b y himself or his agents solicits
persons to work for him to fill the places of strikers he shall plainly
and explicitly mention in such advertisement or oral or written solici
tations that a strike, lockout or other labor disturbance exists.
S ec . 2. I f any person, firm, association, or corporation violates any
provision of this act, he or it shall be punished b y a fine not exceed
ing one hundred dollars for each offence.
Approved April 25, 1910.
C h a p t e r 543.— Inspection
of factories and workshops— Humidity.
Thermometers S ection 1. In every weaving and spinning department in a textile
required.
factory wherein water is introduced for hum idifying purposes there
shall be provided, maintained and kept in correct working order, for
the purpose of recording and regulating the hum idity of the atmoshere and the temperature, at least one set of standardized wet and
ry bulb thermometers, and, if required b y a state inspector of health,
§
LABOR LAW S---- MASSACHUSETTS---- ACTS OF 1910.
1075
two sets of such thermometers, and the following regulations shall be
observed in the use of the thermometers: (a) The thermometers shall
be placed as directed or sanctioned b y a state inspector of health, and
shall be plainly visible to the workers, (b) The occupier or manager
or person for the time being in charge of the weaving or spinning de
partment in question shall read the thermometers thrice in the day,
namely, between seven and eight o ’clock in the forenoon, between ten
and eleven o ’clock in the forenoon and between three and four o ’clock,
except in rooms which are lighted b y gas, and then between four and
five o ’ clock, in the afternoon of every day on which any persons are
employed in any weaving or spinning department, and he shall record
the readings of each thermometer in such department at each of the said
times upon a form provided for the purpose, which, together with the
regulations relating thereto, shall be furnished b y the state board of
health. The records of the readings shall not be destroyed until
they have first been seen b y the state inspector of health in whose dis
trict the factory is situated, and then not without his knowledge and
consent.
S ec . 2. Section one shall not apply to textile factories already other a p p a equipped with, or which become equipped with, such a number ana ratus*
type of standardized self-registering hygrometers, or psychrometers, or
hygrometric system, as meet the approval of the state board of health:
Provided, That the manner of using the same is approved b y the state
inspector of health in whose district the factory is situated: And pro
vided, That the records of the readings from the said hygrometers, or
hygrometric system installed, are not destroyed without the knowledge
ana consent of said inspector.
S ec . 3. Section one shall not apply to textile factories the occupier same subject,
or manager or person in charge of which makes use of the sling hydrom
eter with the express purpose of quickly and accurately determining
the actual moisture and temperature of a weaving or spinning depart
ment as frequently and in such a manner as is approved b y the state
inspector of health in whose district the factory is situated: And pro
vided, That the records of the readings from the use of the said hygrom
eter are not destroyed without the knowledge and permission of said
inspector.
S ec . 4. No owner, occupier or manager or person for the time being Scale,
in charge of a textile factory shall permit the relative hum idity in a
weaving or spinning department in the textile factory under his con
trol to exceed the following limits:
I
II
II
I
Dry bulb Wet bulb
III
Dry bulb Wet bulb
III
ther
ther
ther
ther
Percent
Percent
mometer mometer age of
mometer mometer age of
readings readings humid readings readings humid
(degrees (degrees
ity.
ity.
Fahr.).
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
58
59
60
61
62
63
64
65
66
67
68
68.5
.69
70
70.5
71.5
72
73
88
88
88
88
88
88
88
88
88
88
88
85.5
84
84
81.5
81.5
79
79
78
79
80
81
82
83
84
85
86
88
87
89
90
91
92
93
94
95
73.5
74.5
75.5
76
76.5
77.5
78
79
80
80.5
81.5
82.5
83
83.5
84.5
85.5
86
87
77
77.5
77.5
76
74
74
72
72
72
71
71
71
69
68
68
68
66
66
S ec . 5. Water used for hum idifying purposes in a textile factory
water to
shall be taken either from a public supply of drinking water, or from 136used*
some other source of pure water, or from a supply of water which,
although in the opinion of the state board of health not suitable for
1076
B U L L E T IN
OF T H E
BUBEAU
OF LA BO R.
drinking purposes is sufficiently free from impurities as not to be
dangerous to the health of employees when used for humidifying pur
poses; and all ducts for the introduction or distribution of humidified
air shall be kept clean.
Enforcement.
S e c . g This act shall be enforced b y the state inspectors of health
under the supervision of the state board of health. Whoever fails to
com ply with the provisions contained herein after being requested so
to do b y a state inspector of health shall be fined not more than fifty
dollars for each offence.
Approved May 23, 1910.
C h a p t e r 559.—Cooperative
retirement and pension funds.
Co oper at i ve
S ection 1. Employees, officers and agents of any corporation, firm
ized7 a u t h o r “ or individual, ana the corporation, firm or individual b y which they
are em ployed, are hereby authorized to form an association for the
purpose of providing annuities, pensions or endowments for employees
retiring from their employm ent on account of age, under a system b y
which the participating employees contribute to the funds of the
association a percentage or portion of their salaries or wages as fixed
b y the by-laws of the association, to be deducted b y the employer
and paid to the association, and the employer contributes to the funds
of the association in the manner and to the extent fixed in said b y
laws. The funds so provided shall be held b y trustees independ
ently of other funds of the employer, for the purchase or payment of
annuities, pensions or endowments to participating employees upon
their retirement from service on account of age, for the payments to
the representatives or appointees of any participator dying before
reaching the age of retirement, for the payment to any participator
retiring from service before becoming entitled to a pension or annuity
and for the payment of the expenses of administration. An asso
ciation formed under the authority of this act shall not be subject to
the provisions of chapter five hundred and seventy-six of the acts
of the year nineteen hundred and seven, or to such other provisions
of law as relate to insurance companies or associations, except as
herein provided.
By-laws to be S ec . 2. The by-laws of every such association shall be approved b y the
approved.
insurance commissioner, and shall prescribe the manner in which
and the officers and agents b y whom the purpose of the association may
be carried out and the manner in which its funds may be invested
and paid out. Such association shall be deemed to be formed when
its by-laws have been approved and agreed to b y the employer and b y
the employees b y vote of two-thirds of all employees present ana
voting at a meeting called b y the employer for the purpose, and have
been approved b y said commissioner. Such association shall annually,
Reports.
on or before the first day of February, report to the insurance commis
sioner such statements of its membership and financial transactions
for the year ending on the preceding thirty-first day of December as
the commissioner may consider necessary to show its business and
standing. Said commissioner may verify such statement b y an exam
ination of the books and papers of the association; and whoever, having
charge or custody of said books and papers, neglects to com ply with
the provisions of this section shall be punished b y a fine of not more
than five hundred dollars.
Exemptions.
Sec . 3. The property of every such association, and the portion of
the wages or salary of an employee deducted or to be deducted under
this act, the right of an em ployee to an annuity, pension or endowment,
and all his rights in the funds of the association, shall be exempt from
taxation and from the operation of any law relating to bankruptcy or
insolvency, and shall not be liable to attachment b y trustee process
or be liable to be taken on execution or on any other process legal or
equitable to satisfy any debt or liability of the employer or of any
member of the association.
Approved May 26, 1910.
1077
L A B O R L A W S -----M A S S A C H U S E T T S -----A C T S OF 1910.
Ch a f t e r
5 6 3 . — Assignments of wages.
S ection 1. Section one hundred and twenty-five of chapter five
hundred and fourteen of the acts of the year nineteen hundred and
nine is hereby amended * * * so as to read as follows: Section Employer t o
125. No assignment of, or order for, wages to be earned in the future accept,
to secure a loan of less than two hundred dollars shall be valid against
an employer of the person making such assignment or order until the
assignment or order is accepted in writing b y the employer and the
assignment or order and the acceptance of the same have been filed Filing,
and recorded with the clerk of the city or town where the person making
the assignment or order resides, if a resident of the Commonwealth, or
in which he is employed, if not a resident of the Commonwealth. No
such assignment of, or order for, wages to be earned in the future shall
be valid, when made b y a married man, unless the written consent
of his wife to the making of such assignment or order is attached thereto, wife to c o n*
No assignment of future earnings shall be valid against a trustee process, sent,
unless before service of the writ upon the alleged trustee, the assign
ment shall have been recorded in the office of the clerk of the city or
town in w hich the assignor resides at the time of such record. Such
record shall not affect the rights or liability of the person or corporation
from whom such earnings are due otherwise than is provided in this
section.
Approved May 26, 1910.
Ch a p t e r 597.— Examination
and licensing of plumbers.
S ection 2. Certificates of registration in accordance with the pro- Renewal
of
visions of section two of chapter four hundred and fifty-five of the acts p r i o r registraof the year eighteen hundred and ninety-four shall be issued to a lltions*
persons who have been legally registered under the provisions of said
chapter: Providedy That such persons, after notice, register anew with
the state examiners of plumbers on or before the first day of September,
nineteen hundred ana ten.
S ec . 3. So much of chapter five hundred and thirty-six of the acts of Repeal,
the year nineteen hundred and nine as is inconsistent herewith is hereby *
repealed.
Approved June 9, 1910.
Ch a p t e r 611.— Liability
of employers for injuries to employees.
S ection 1. Section one hundred and thirty-two of chapter five
hundred and fourteen of the acts of the year nineteen hundred and
nine, as amended *. * * , is hereby further amended * * *
so as to read as follows: Section 132. No action for the recovery of
damages for injury or death under the provisions of the five preceding
sections shall be maintained unless notice of the time, place and cause
of the injury is given to the employer within sixty days, and the action
is commenced within one year, after the accident which causes the
injury or death. Such notice shall be in writing, signed b y the person
injured or b y a person in his behalf. If the person injured dies within
the time, required for giving the notice his executor or administrator
may give such notice within sixty days after his appointment. If from
physical or mental incapacity it is impossible for the person injured
to give the notice within the time provided in this section, he may
give it within ten days after such incapacity has been removed, and
if he dies within said ten days his executor or administrator may give
such notice within sixty days after his appointment. If the employer
dies without such notice having been given and before the time for
giving such notice has elapsed, the notice may b e given to his executor
or administrator, and the time within which the notice may be given
as herein provided, shall run from the appointment of the executor or
administrator. A notice given under the provisions of this section
shall not b e held invalid or insufficient solely b y reason of an inaccuracy
in stating the time, place or cause of the injury if it is shown that there
was no intention to mislead, and that the employer was not in fact
misled thereby. If the employer dies without such action having been
Notice,
1078
B U L L E T IN
OF T H E
BUREAU
OF L A B O R .
brought and before the time for bringing the action has elapsed, the
action may be begun against his executor or administrator not less than
one year and not more than two years after the executor or adminis
trator has given bond for the performance of his trust.
Approved June 10, 1910.
Chapter 619.—Retirement systemsfor employees of cities and towns.
Definitions.
Section 1. In this act, unless the context otherwise requires:—
(a) The words “ city cou n cil” mean the legislative branch of the
city government, whether consisting of one chamber or two.
(b) The words ‘ ‘ retirement system” mean the arrangements provided
in this act for the payment of annuities and pensions.
(c) The word “ annuities” means the payments for life derived from
money contributed b y the employees.
(d) The word “ pensions” means the payments for life derived from
money contributed b y the city or town.
(e) The words “ regular interest” mean interest at three per cent per
annum com pounded semiannually on the last days of January and
July, and reckoned for full three and six months periods only.
(f) The words “ continuous service” mean uninterrupted employ
ment, with this exception: A lay off on account of illness or reduction
of force; and a leave of absence, suspension or dismissal followed b y
reinstatement within one year, shall not be considered as breaking
the continuity of service.
Retirement
Sec. 2. A n y city or town in this Commonwealth may establish a
system author- retirement system for its employees b y accepting the provisions of this
lzed*
act in the following manner: In the case of a city, whenever a vote to
accept the provisions of the act shall have duly been passed b y the city
Acceptance by council, the question of acceptance shall then be submitted to the
eity or town.
voters of the city at the next m unicipal election. The vote shall be
in answer to the question placed upon the ballot: “ Shall an act passed
b y the general court in the year 1910, entitled ‘ An act authorizing the
cities and towns of the Commonwealth to establish retirement systems
for their em ployees,’ be accepted? ” In the case of a town, whenever
a vote to accept the provisions of the act shall have duly been passed
by the board of selectmen, the question of acceptance shall then be
submitted to the voters of the town at the next town meeting. If a
majority of the voters voting on the question at the city election or at
the town meeting shall vote m the affirmative, this act shall take effect
in such city or town as hereinafter provided.
A copy of the vote of the city council or of the board of selectmen
certified b y the city clerk or b y the town clerk, and a cop y of the vote
at the city election or at the town meeting, sworn to b y the local elec
tion commissioners or the officers corresponding thereto, shall, within
thirty days respectively after the date of the latter vote, be filed in
the office of the insurance commissioner. The latter shall forthwith
issue a certificate that the retirement system is declared established in
said city or town, to becom e operative on the first day of February or
the first day of August following the expiration of three months after
the date of such certificate.
Plan.
Sec. 3. W henever a city or town shall have voted to establish a
retirement system under the provisions of section two, a retirement
association snail be organized as follows:—
(1) A ll employees of the city or town, on the date when the retire
ment system is declared established b y the issue of the certificate, as pro
vided in section two, may becom e members of the association. On the
expiration of sixty days from said date every such em ployee shall b econ sidered to have elected to become, and shall thereby become, a mem
ber, unless he shall have, within that period, sent notice in writing
to the local election commissioners or the officers corresponding thereto
that he does not wish to join the association.
(2) A ll employees who enter the service of the city or town after the
date when the retirement system is declared established b y the issue
of the certificate, as provided in section two, except persons who have
passed the age of fifty-five years, shall upon completing thirty days of
service becom e thereby members of the association. Persons over
LABOR LAW S---- MASSACHUSETTS-----ACTS OF 1910.
1079
fifty-five years of age who enter the service of the city or town after the
establishment of the retirement system shall not be allowed to become
members of the association, and no such employee shall remain in
the service of the city or town after reaching the age of seventy years.
(3) No officer elected b y popular vote may become a member of the
association, nor any employee who is or will be entitled to a pension
from the city or town for any reason other than membership in the
association.
(4) A n y member who reaches the age of sixty years and who has been
in the continuous service of the city or town for a period of fifteen
years immediately preceding may retire or may be retired b y the
ooard of retirement, and any member who reaches the age of seventy
must so retire.
(5) A n y member who has completed a period of thirty-five years of
continuous service may retire, or may be retired at any age b y the
board of retirement if such action be deemed advisable for the good of
the service.
S e c . 4. (1) The management of the retirement system is hereby Management.
vested in the board of retirement, consisting of three members, one of
whom shall be the city or town treasurer; the second member shall be
a member of the association elected b y the latter within thirty days
after the date when the retirement system is declared established b y
the issue of the certificate, as provided b y section two, in a manner to
be determined b y the local election commissioners or the officers cor
responding thereto; the third member shall be chosen b y the other
two members. In case of the failure of the latter to choose the third mem
ber within thirty days after the election of the second member, the mayor
or the chairman of the board of selectmen shall appoint such third
member. The first person so chosen or appointed as third member
shall serve for two years; otherwise and thereafter the term of office of
the two elected members shall be three years. On a vacancy occurring
in the board for any cause or on the expiration of the term of office of
any member, a successor of the person whose place has become vacant
or whose term has expired shall be chosen in the same manner as was
his predecessor.
(2) The members of the board of retirement shall serve without com
pensation; bu t they shall be reimbursed out of the contingent fund for
any expense or loss of salary or wages which they may incur through
service on the board.
(3) The city or town treasurer shall have charge and control of the
funds of the system, subject to the approval of the board of retirement,
and shall invest and reinvest the same, and may from time to time sell
any securities held b y him and invest and reinvest the proceeds, and
any and all unappropriated incom e of said funds: Provided, however,
That all funds received b y him not required for current disbursements
shall be invested in accordance with the provisions of the laws of this
Commonwealth relating to the investment of the funds of savings
banks. He shall in the investment of the funds give preference to the
securities of the city or town in which the retirement system has been
established. He may, whenever he sells such securities, deliver the
securities so sold upon receiving the proceeds, and may execute all
documents necessary to transfer the title thereto.
(4) The board of retirement shall have power to make by-laws and
regulations not inconsistent with the provisions of this act, and to em
p loy such clerical or other assistance as may be necessary for the fulfill
ment of its purposes.
(5) The board shall determine the percentage of wages that employees Contributions.
shall contribute to the pension funds, subject to the minimum and
maximum percentages, and shall, furthermore, have power to classify
employees for the purposes of the retirement system, and to establisn
different rates of contribution for different classes within the prescribed
limits.
(6) The city or town treasurer shall, in February of each year, Reports.
unless for cause the insurance commissioner shall have granted an
extension of time, file in the office of the insurance commissioner a
sworn statement, which shall exhibit the financial condition of the
retirement system on the thirty-first day of the preceding January, and
1080
BULLETIN OP TH E BUBEAU OP LABOK.
its financial transactions for the year ending with said day. Such
statement shall be in a form approved b y the insurance commissioner,
and shall show, among other things, the liability of the retirement sys
tem on account of the following items:—
A. Deposit reserve.
(Funds.
The total of the deposits of the members actually received b y the
treasurer or due from the city or town under section five, (2) A , and
held subject to withdrawal b y such members.
B. Interest reserve.
Regular interest on such deposits.
C. Annuity reserve.
The net value of the annuities entered upon under section six, (2) B,
on the basis of the mortality tables and interest rates provided tor in
this act.
D. Expense and contingent funds.
(a) The unexpended portion of the amounts received under sec
tion five, (1).
(b) The contingent fund.
E. Gifts and bequests.
The amounts received as gifts or bequests and held under the terms
of such gifts or bequests.
F. Other liabilities.
A ll other liabilities.
G. Surplus.
(a) Annuity surplus— The undistributed surplus arising from an
nuity deposits, as defined in section five, (2) B (b).
(b) Other surplus—A ll unassigned funds.
F u n ds, how S ec . 5. The funds of the retirement system shall be raised as folraised.
lows:—
(1) Expense and contingent fund.
The city or town shall appropriate annually such an amount as may
be necessary to defray the whole expense of administration, according
to estimates prepared b y the treasurer.
(2) Annuity and pension fund.
A. Deposits b y members.— Each member shall deposit in this fund
from his wages or salary, as often as the same are payable, not less than
one per cent and not more than five per cent of the amount of his wages
or salary as determined b y the board of retirement under the provisions
of section four (5): Provided, however, That employees who receive more
than thirty dollars weekly in wages or salary shall not be assessed for
contribution to this fund on the excess above that amount.
B. Contributions b y the city or town.— (a) Every month the city
or town shall contribute such amount as the board of retirement may
determine to be necessary to pay current pensions for subsequent
services, under section six, (2) C. (a).
, (b ) E very year, in February, the city or town shall contribute an
amount equal to the surplus arising from annuity deposits. In case
there should be a deficiency arising from such annuity deposits, in
stead of a surplus, then the city or town shall make good such deficiency.
1081
LABOR LAW S---- MASSACHUSETTS---- ACTS OF 1910.
(c ) Every month the city or town shall contribute such amount as
the board of retirement may determine to be necessary to pay current
pensions for prior service under section six, (2) C (b).
(d ) E very month the city or town shall contribute such amount as
the ooard of retirement may determine to be necessary to insure the
minimum payments provided for in section six, E.
(3) Provision for payments.
Payments.
A ll amounts payable b y members of the association under paragraph
(2) A of this section shall be deducted b y the city or town from the
amounts payable to them as wages or salary, as often as the same are
payable, ana shall be credited immediately to the pension fund b y the
city or town treasurer.
S ec . 6. The city or town treasurer shall administer the funds of the Admi n i s t r ation of funds.
retirement system in accordance with the following plan:—
(1) Expense and contingent funds.
The funds provided for under section five, (1), shall be used, so far
as may be necessary, for the payment of the expenses of administration.
The portions not so used, if any, shall be carried to the contingent fund,
any portion of which may be transferred to any other fund b y vote of
the board of retirement. In case the amount appropriated for the
expense fund in any year should prove insufficient, the c ity or town
shall appropriate in the following year such additional sum as may be
required to cover the deficit.
(2) Annuity and pension funds.
A. Refunds.— (a) Should a membei of the association cease to be
an employee of the city or town for any cause other than death before
becoming entitled to a"pension, there shall be refunded to him all the
money that has been paid in b y him under section five, (2) A , with
regular interest.
(b) Should a member of the association die before becoming entitled
to a pension, there shall be paid to his legal representatives all the
m oney that has been paid in b y him under section five, (2) A, with such
interest as shall have b e e n e a r n e d o n such deposits.
B. Annuities from employees’ deposits.— Every member who
reaches the age of sixty years and has been in the continuous service
of the city or town for fifteen years immediately preceding, and then
or thereafter retires, every member who retires or is retired at the age
of seventy years, and every member who is retired for the good of the
service under the provisions of section three, (5), shall receive an
annuity to which the sum of his deposits under section five, (2), with
regular interest, shall entitle him, according to the tables adopted b y
the board of retirement, in one of the following forms:
(a) A life annuity, payable monthly.
(b) A life annuity, payable monthly, with the provision that in the
event of death of the annuitant before receiving payments equal to the
sum at the date of his retirement of his deposits under section five,
(2) A , with regular interest, the difference shall be paid to his legal
representatives.
0 . Pensions derived from contributions b y the c ity or town.— (a)
Pensions based upon subsequent service. A n y member entitled to
an annuity under paragraph (2) B , of this section, shall receive in
addition thereto a pension for life payable monthly equivalent to that
annuity, to be paid out of the fund contributed b y the city or town
under the provisions of section five, (2) B (a).
(b ) Pensions based upon prior service.—A n y member of the associa
tion who reaches the age o f sixty years, having been in the continuous
service of the city or town for fifteen years or more immediately pre
ceding, and then or thereafter retires or is retired, shall receive in addi
tion to the annuity and pension provided for b y paragraphs (2) B and
C (a) of this section, an extra pension for life as large as the amount of
the annuity to which he might have acquired a claim if the retirement
system had been in operation at the time when he entered the service
Classes.
1082
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of the city or town, and if accordingly he had paid regular contribu
tions from that date to the date of the establishment of the retirement
association at the same rate as that first adopted b y the board of retire
ment, and if such deductions had been accumulated with regular
interest.
Employees who had already reached the age of sixty years at the time
when the retirement system was established, and employees who had
already reached the age of fifty-five years at that date and also became
members of the association, may be retired under the provisions of the
preceding paragraph without having completed the otherwise required
service period of fifteen years. For the purpose of computing any
pension payable for prior service, the board of retirement may estimate
on a basis determined b y them the wages received at any period for
which they may deem it impracticable to consult the original records.
D. Application of surplus.— The board of retirement shall have
power to determine the application of any surplus, as defined under
section four, (6) G subject to the approval of the insurance commis
sioner.
Minimum pay- E. Minimum payments.— In no case shall the total monthly pay
ments.
ment to a member be at a rate less than two hundred dollars per year.
F. Association membership and pension certificate.— Membership
in the association shall be evidenced b y a certificate to be issued to
each member b y the board of retirement, and the right to an annuity
or a pension shall be evidenced b y a policy to be issued to each member
who retires or is retired b y the board of retirement.
Exemptions.
S ec . 7 . The funds of the retirement system, so far as they are invested
in personal property, shall be exem pt from taxation.
That portion of the wages of a member deducted or to be deducted
under tnis act, the right of a member to an annuity or pension, and all
his rights in the funds of the retirement system shall b e exem pt from
taxation, and from the operation of any law relating to bankruptcy or
insolvency, and shall not be attached or taken upon execution or other
process of any court. No assignment of any right in or to said funds
shall be valid.
insurance com- g EC g The insurance commissioner shall prescribe for each city
S tS °e te . l° X or town which adopts a retirement system under the provisions of this
act one or more mortality tables, and shall determine what rates of
interest shall be established in connection with such tables, and may
later m odify such tables or prescribe other tables to represent more
accurately the expense of the pension system, or may change said
rates of interest and may determine the application of the changes so
made. He shall also prescribe and supervise methods of bookkeeping
of every retirement association formed under the provisions of this act.
Inspection.
The insurance commissioner shall at least once every year, either
personally or b y deputy or assistant, thoroughly inspect and examine
the affairs of the retirement association to ascertain its financial condi
tion, its ability to fulfill its obligations, whether all the parties in
interest have complied with the provisions of law applicable to the
association, and whether the transactions of the board of retirement
have been in accordance with the rights and equities of those in interest.
The retirement system shall be credited, in the account o f its financial
condition, with its investments having fixed maturities upon which
the interest is not in default at amortized values, and its other invest
ments at a reasonable valuation.
For the purposes aforesaid, the insurance commissioner or other
erson making examination shall have access to all the securities,
ooks and papers of the retirement system, and may summon and
administer oaths to and examine as witnesses the members of the
board of retirement or any other person relative to the financial affairs,
transactions, and condition of the retirement system. The insurance
commissioner shall preserve in a permanent form a full record of the
proceedings at such examination, and the results thereof. Upon the
completion of such examination, verification and valuation, the insur
ance commissioner shall make a report in writing of his findings to the
board of retirement, and shall send a copy thereof to the city council
or the board of selectmen.
Violations.
S e c . 9. If, in the judgment of the insurance commissioner, the city
or town or the board of retirement has violated or neglected to com ply
with any of the provisions of this act, or of the rules and regulations
E
LABOR LAW S— MASSACHUSETTS— ACTS OF 1910.
established b y the board of retirement hereunder, he shall give notice
thereof to the city or town and to the board of retirement, and thereafter
if such violation or neglect continues, shall forthwith present the facts
to the attorney-general for his action.
S e c . 1 0. The superior court shall have jurisdiction in equity upon
petition of the insurance commissioner or any interested party to com
pel the observance and to restrain the violation of this act and of the
rules and regulations established b y the board of retirement hereunder.
Approved June 14, 1910.
1083
Jurisdiction,
RESOLVES.
C h a p t e r 5 6 . —Commission on the inspection offactories, workshops, etc.
The governor, with the advice and consent of the council, shall, Governor t o
appoint commis
within thirty days after the passage of this resolve, appoint a commis sion.
sion consisting of five persons, citizens of the Commonwealth, one of
whom he shall designate as chairman, to investigate the general subject Duties.
of the inspection of factories, workshops, mercantile establishments
and other buildings, to study the present system of such inspection as
it is administered b y the district police, the state board of health and
the local authorities, to determine if there is any duplication of work
or absence of proper inspection, to consider the need of extending the
scope of the inspection, and to recommend such changes in the law as
shall seem necessary to coordinate the work and to secure greater
efficiency and greater economy in the said inspection.
Said commission may employ experts and all necessary clerical and
other assistants, and may incur such reasonable expenses, including
traveling expenses, as may be authorized b y the governor and council.
Before incurring any expense the commission shall from time to time
estimate its probable amount and submit the estimate to the governor
and council for their approval, and no expense shall b e incurred b y the
commission beyond the amount so estimated and approved. The Report.
commissioners shall serve without pay. The commission shall report
in print to the general court on or before the second Wednesday of
January in the year nineteen hundred and eleven, with drafts of such
bills, if any, as may be necessary to carry its recommendations into
effect. There may be expended from the treasury of the Common Appropriation.
wealth a sum not exceeding five thousand dollars to carry out the pur
poses of this resolve.
Approved April 7, 1910.
C h a p t e r 1 2 0 . —Commission on workmen's compensation.
Resolved, That the governor, with the advice and consent of the coun- Governor t o
cil, be authorized to appoint a commission of five persons, citizens of the S ° int cominis"
Commonwealth, one of whom shall be designated as chairman, for the S1 *
purpose of investigating the effect of the present laws relating to the
liability of employers for injuries received b y employees in the course of duties,
their employment. The commission shall investigate other laws and
systems m operation in other States and countries, shall correspond or
confer with committees and commissions in other States considering the
same subject, and shall draft an act for the compensation of employees
for industrial accidents. The commission shall be provided with suit
able quarters in the state house or elsewhere. It may employ all
necessary clerical or other assistance and may incur such reasonable
expense, including traveling expenses, and shall receive such remu
neration, as may be approved b y the governor and council. The com
mission shall report in print, the draft of the act and a compilation of Report,
the data and statistics and such other information as the commission
may be possessed of as a result of its investigation and study, on or before
the second Wednesday in January in the year nineteen hundred and
eleven, and the powers of said commission shall terminate on that date.
The total expense to be incurred under this resolve shall not exceed the Appropriation,
sum of ten thousand dollars. The provisions of section twenty-one
of chapter three of the Revised Laws shall not apply to the appoint
ments to b e made under this resolve.
Approved June 7,1910.
1084
B U L L E T IN
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BUREAU
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146.— Commission on employment offices.
Governor t o A commission of throe persons [shall] be appointed b y the governor,
appoint commis- with the advice and consent of the council, to serve without compensaS1 *
Duties.
Appropriation.
Report.
tion. The commission shall investigate and study the condition and
management of employm ent agencies and intelligence offices of all
kinds in the Commonwealth, and the efficiency of the laws relating
thereto. The commission shall also investigate in regard to the advisa
bility of extending the services of the state free employm ent offices of
the bureau of statistics so as to provide farm labor throughout the Com
monwealth. The commission shall be allowed such sum for its necessary expenses, not exceeding two thousand dollars, as may be approved
b y the governor and council, and shall report in print to the general
court, not later than the eleventh day of January, nineteen hundred
and eleven, with such recommendations for legislation or otherwise
as it may deem expedient. The commission shall have authority to
summon witnesses and enforce their attendance, to order the produc
tion of books, papers, agreements and documents and to administer
oaths in accordance with the provisions of chapter one hundred and
seventy-five of the Revised Laws, and acts amendatory thereof and in
addition thereto.
Approved June 15, 1910.
Ch a p t e r
Cost to be
vestigated.
Report.
in-
160.— Investigation of retirement systems for state and county
employees.
The director of the bureau of statistics is hereby authorized and
directed to make an investigation as to the cost to the counties of the
Commonwealth b y the establishment of retirement systems for em ploy
ees as provided for in the senate bill numbered three hundred and
seventy-five of the present year, also as to the cost to the Commonwealth
b y the establishment of a retirement fund for its employees as provided
for in the senate bill numbered three hundred and seventy-six of the
present year. He is authorized to em ploy experts in determining the
cost, and shall report his findings to the next general court not later
than the first Wednesday in January. A ny expenses incurred under
this resolve shall be paid from the appropriation for the bureau of sta
tistics.
Approved June 15, 1910.
MISSISSIPPI.
ACTS O F 1910.
C h a p t e r 1 3 5 . —Liability of employers for injuries to employees— Com
parative negligence.
Comparat i v e S e c t io n 1 . In all actions hereafter brought for personal injuries or
considered
be where such injuries have resulted in death, the fact that the persons
Questions
iury*
injured may have been guilty of contributory negligence shall not bar
a recovery, but damages shall be diminished b y the jury in proportion
to the amount of negligence attributable to the person injured.
for S e c . 2 . All questions of negligence and contributory negligence
shall be for the jury to determine.
Approved April 16, 1910.
MEW JERSEY.
ACTS OF 1910.
Ch a p t e r
25.— Term of service of employees of municipalities— Discharge.
Removal, etc., S e c t io n 1. No employee of a municipal board of street and water
restricted.
commissioners, constituted under the provisions of the act to which
this is a supplement, who shall have been in such em ploy continuously
for a space of five years, shall be removed, discharged or reduced in
pay or position except for inefficiency, incapacity, conduct unbecom ing
a public employee, or other just cause, and until he shall have been
LABOR L A W S— N E W
J E R S E Y — A C T S OF 1910.
furnished with a written statement of the reasons for such removal,
discharge or reduction, and shall have been given a reasonable time to
make written answer thereto. Nor shall such removal, dischargee or
reduction be made until the charge or charges shall have been examined
into and found true in fact b y the board of street and water commis
sioners at a hearing, upon reasonable notice to the person charged, at
which he may offer tne testimony of witnesses or other evidence in
his own behalf.
Approved March 16,1910.
1085
Hearings,
Chapter 149.—Pensions for employees of penal and reformatory insti
tutions.
S e c t io n 1. W henever any officer or employee of any state penal R e t i r e m e n t
institution or reformatory, who, while an employee of such institution, ^ e a be ordered
has becom e permanently disabled in the discharge of his duty, and
the same is so certified b y the visiting or house physician of said insti
tution, it shall be lawful, with his assent, for the body, board or officers
having power to appoint his successor in case of vacancy, to order his
retirement from such service: Provided, That such retirement shall
be made with the approval of the governor.
S e c . 2. In the event of the retirement of any officer or employee as Pension,
aforesaid, the person so retired shall be entitled for and during his
natural life b y way of pension to the sum of fifty dollars per month.
S e c . 3 . A ll pensions due and owing under this act shall be paid Payments,
quarterly b y the treasurer of this State upon the warrant of the comp
troller.
Approved April 8, 1910.
Chapter 269.—Assignments of wages— Wage brokers.
Section 1. No person shall engage in the business of making or License re
giving advancements or loans of money or other things of value and of qmred*
taking or receiving as collateral security therefor pledges of personal
property, chattel mortgages or assignments of salary or wages, or power
of attorney authorizing the execution of such assignment of salary or
wages without having first obtained a license to ao such business in
manner hereinafter provided.
S e c . 2. The common council or other governing body of any city, Regulations to
town, township, borough or other municipal body in this State shallbe made,
and may, b y ordinance, provide for the licensing, regulation and
control of the business of making or giving loans or advancements on
pledges of personal property, chattel mortgages and assignments of
salary or wages, and said common council or other governing bod y is
hereby authorized and empowered to fix and regulate the form of such
license, the license fees to be paid therefor to the municipal body,
such rules and regulation for the control and conduct of said business
as may b e reasonable and proper.
S e c . 3 . The license fee tor the conduct of such business in cities of Fees,
first class shall not be less than five hundred dollars per annum; in
cities of the second class, not less than two hundred and fifty dollars
per annum; cities of the third class, not less than two hundred dollars
per annum; ip all other cities, boroughs, towns, townships or other
municipalities of said State, not less than one hundred and fifty dollars
per annum.
S e c . 4. Upon securing from the common council or other governing Preliminary re
bod y of any m unicipality the license to do business, the person, firm port*
or corporation securing said license shall, within thirty days, make
report to the commissioner of banking and insurance on blanks to be
provided for such purpose, which said blanks shall contain the names
of the person, persons, firm or corporation engaged in said business,
the location of the place of business and the amount of capital paid in
and employed at the date of the making of the certificate and all other
funds usea as loanable capital in said business and obtained in any
manner other than through capital contribution.
S e c . 5. The rates of interest to be charged b y any person or persons, interest rate,
firm or corporation upon loans on pledges of personal property, chattel
1086
B U L L E T IN
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mortgages, assignment of salary or wages, shall not exceed the sum of
twelve per centum per annum.
Kecords.
S ec . 6. A n y person or persons, firm or corporation engaged in the
business of making loans on pledges of personal property, chattel mort
gages and assignment of salary or wages shall keep full, true and correct
records of all loans made on pledges of personal property, chattel mort
gages or assignment of salary or wages, which record shall show the
name of the persons to whom said loan or advancement is made, the
value and kind of pledge or security given therefor, and the amount
loaned or advanced thereon, and the rate of interest at which the loan
or advancement is made.
Inspection.
S ec . 7. The chief of police or other head officer of the police depart
ment of the municipality in which such business is licensed is hereby
empowered and authorized, to inspect the records of loans made b y
any person, firm or corporation making loans upon pledges of personal
property, chattel mortgages or assignment of salary or wages, and the
common council or other governing b od y of such m unicipality may b y
ordinance prescribe that such reasonable reports of the business as said
body may deem necessary be made b y person, firm or corporation
conducting said business to the chief of police or other head of the
police department of the m unicipality.
Employer to ac- S e c . 8. No assignment of or order for wages to be earned in the future
cept assignments, ghau
valid against the employer of the person making said assign
ment or order until such assignment or order is accepted in writing b y
said employer and the said assignment and order and acceptance of
Filing.
the same has been filed with the clerk of said town, township, borough
or other m unicipality where the party making said assignment or order
resides if a resident of the State, or in which he is employed if a non
resident.
Wife to c o n - S ec . 9. No such assignment of or order for wages or salary to be
sent.
earned in the future shall be valid when made b y a married man, unless
the written consent of his wife to the making of such assignment or
order is attached thereto: Provided, That where a married man is
living separate and apart from his wife for a period of five months prior
to said assignment, then such consent shall not be required.
Violations.
S ec . 10. A n y persons engaged in the business of making loans on
pledges of personal property, chattel mortgages and assignment of salary
or wages without a license therefor first had as provided in this act shall
be guilty of a misdemeanor; any person charging for a loan or advance
ment on pledges of personal property, chattel mortgages or assignment
of salary or wages a rate of interest greater than set forth in the schedule
to be issued b y the commissioner of banking and insurance as herein
before provided shall be guilty of a misdemeanor.
Penalties.
S ec . 11. The common council or other governing body of any city,
township or other m unicipality hereby authorized to adopt ordinances
according to the provisions of this act is further authorized and empow
ered to fix or prescribe the penalty or penalties for the violation thereof
either b y imprisonment in the m unicipal lockup or county jail, as may
be designated b y said governing body, for a term not to exceed ninety
days, or b y a fine not exceeding two hundred dollars and imprisonment
in the municipal lockup or county jail, as may be designated b y the
governing body, for a term not exceeding ninety days in default of
payment of said fine; and it shall be lawful for the governing body to
authorize and empower the officer or magistrate before whom any
person or persons, firm or corporation offending may be brought, on
conviction, to impose any fine in the discretion of such officer to the
maximum fixed m said ordinance or to imprison for any term not
exceeding the term of imprisonment therein fixed.
Exemptions.
S e c . 12. This act shall not be held to apply to pawnbrokers who are
already regulated b y law, nor to provident loan associations authorized
to do business b y chapter ninety-six of the laws of one thousand nine
hundred and four, or to those doing business under chapter three hun
dred and sixty-eight of the laws of one thousand eight hundred and
ninety-five, nor shall it apply to banks, bankers, trust companies or
savings banks, or to any transactions with banks, bankers, trust com
panies or savings banks, or to loans made b y manufacturers or mer
chants to their customers and secured b y chattel mortgages.
Approved April 12,1910.
L A B O R L A W S -----N E W
C h a p t e r 277.— Employment
J E R S E Y ----- A C T S OF 1910.
1087
of children—Hours of labor.
S e c t io n 1. Section nine of the act to which this act is an amendment
hereby is amended to read as follows:
Section 9. No minor under the age of sixteen years shall be employed, H o u r s p e r
permitted or allowed to work in a place coming under the provisions of week*
this act more than ten hours a day, or fifty-five hours in a week, and
between the fourth dav of July, in the year nineteen hundred and ten,
and the fourth day of July, in the year nineteen hundred and eleven,
no minor under the age of fifteen years shall be employed, permitted Night work,
or allowed to work in a place coming under the provisions of this act
between the hours of six o ’clock in the evening and six o ’clock in the
morning, and after the fourth day of July, nineteen hundred and eleven,
no minor under the age of sixteen years shall be employed, permitted
or allowed to work in a place coming under the provisions of this act
between the hours of six o ’clock in the evening and six o ’clock in the
morning. A n y corporation, firm or person permitting or allowing any
person to work contrary to the provisions of this section shall be liable
to a penalty of fifty dollars for each offense.
Approved April 12, 1910.
C h a p t e r 283.— Protection
of wages of employees of contractors.
[This act provides that where master workmen and contractors on Owner liable
any house or building refuse to pay the sums due employees, s u b c o n - for wages when,
tractors, or material men, on demand, the person to whom the money
is due may give notice of such fact in writing to the owner or owners of
the building, who shall thereupon verify the correctness of the claim.
Receipts for payments made entitle the owner to corresponding allow
ances in settlements with the master workmen or contractors.]
JOINT RESOLUTIONS.
N o. 1.—Commission on industrial old-age pensions.
The governor is hereby authorized to appoint a commission consisting Governor t o
of five representative men, who shall serve without remuneration, and f ^ oint commis“
whose duties shall be to thoroughly investigate and report to the gover*
n o r the d ra ft of a bill p r o v id in g a p la n fo r in d u s tr ia l o ld -a g e p e n s io n , fo r Report,
consideration and action b y the members of the one hundred and
thirty-fifth general assembly.
Approved March 23,1910.
N o. 2.— Commission on employers1liability.
S e c t io n 1.
The governor of this State is hereby authorized to appoint Governor t o
two persons who are representative of the labor interests of the State, g?P°int commistwo persons who are representative of the employers’ interest of the 1 *
State, who, together with one member of the senate and one member of
the house of assembly, to be named b y the president of the senate and
the speaker of the house of assembly, respectively, shall constitute a
commission authorized to make inquiry into the subject matter recited
in the preamble of this resolution [questions of employers’ liability and
compensation for accidents to employees], and generally as to the legal
relations now existing in this State between the employer and the
employee. 1
S e c . 2. This commission, within thirty days after its appointment, Duties,
shall organize b y the selection of a president, and shall have authority
to sit from time to time, either at the capitol or other places in the State,
and to consider, through public hearings or otherwise, the question
referred to them, and they shall also consider the legislation and its
results in the several States of the Union and foreign governments on
the subject referred to them, and report to the next session of the legis- Report,
lature, b y a bill, such legislation as they would recommend to be en
acted into law b y the legislature of this State, together with their
reasons therefor.
S e c . 4 . The said commissioners shall serve without compensation, Appropriation,
but their actual expenses incident to the inquiry herein provided for
6 4 1 8 1 °— No. 91— 11------ 15
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shall be paid b y the treasurer of the State, upon the warrant of the
comptroller, upon vouchers duly approved ana certified b y the presi
dent thereof, out of any moneys appropriated for that purpose; and
there is hereby appropriated the sum of one thousand dollars to cover
the incidental expenses herein provided for.
Approved April 9, 1910.
NEW YORK.
ACTS OF 1910.
Chapter 106.— Inspection of factories and workshops—Guards for dan
gerous machinery, etc.
Section 1. Section eighty-one of * * * chapter thirty-one of the
Consolidated Laws, as amended b y chapter two hundred and ninetynine of the laws of nineteen hundred and nine, is hereby amended to
read as follows:
Belt shifters.
Section 81. The owner or person in charge of a factory where machin
ery is used, shall provide, in the discretion of the commissioner of labor,
belt shifters or other mechanical contrivances for the purpose of throw
ing on or off belts on pulleys. Whenever practicable, all machinery
shall be provided with loose pulleys. A ll vats, pans, saws, planers,
cogs, gearing, belting, shafting, set screws and machinery, of every
description shall be properly guarded. No person shall remove or
Guards.
make ineffective any safeguard around or attacned to machinery, vats
or pans, while the same are in use, unless for the purpose of immedi
ately making repairs thereto, and all such safeguards so removed shall
be promptly replaced. A ll grinding, polishing or buffing wheels used
Exhaust fans. in ttie course of the manufacture of articles of file baser metals shall be
equipped with proper hoods and pipes and such pipes shall be con
nected to an exhaust fan of sufficient capacity and power to remove all
matter thrown off such wheels in the course of their use. Such fan
shall be kept running constantly while .such grinding, polishing or
buffing wheels are in operation; except that in case of wet grinding it
is unnecessary to com ply with this provision. A ll machinery creating
dust or impurities shall be equipped with proper hoods and pipes ana
such pipes shall be connected to an exhaust fan of sufficient capacity
and power to remove such dust or impurities; such fan shall be kept
running constantly while such machinery is in use; except where, m
case of woodworking machinery, the commissioner of labor, after first
making and filing in the public records of his office a written statement
of the reasons therefor, shall decide that it is unnecessary for the health
and welfare of the operatives. If a machine or any part thereof is in a
dangerous condition or is not properly guarded, the use thereof may be
prohibited b y the commissioner of labor and a notice to that effect shall
be attached thereto. Such notice shall not be removed until the ma
chine is made safe and the required safeguards are provided, and in the
meantime such unsafe or dangerous machinery shall not be used. When
Lighting.
in the opinion of the commissioner of labor it is necessary, the work
rooms, halls and stairs leading to the workrooms shall b e properly
lighted, and in cities of the first class, if deemed necessary b y the com
missioner of labor, a proper light shall be kept burning b y the owner or
lessee in the public hallways near the stairs upon the entrance floor and
upon the other floors on every work day in the year, from the time when
the building is opened for use in the morning until the time it is closed
in the evening, except at times when the influx of natural light shall
make artificial light unnecessary. Such lights shall be independent
of the motive power of such factory.
Became a law April 19, 1910.
Chapter 107.— Employment of women and children—Prohibited employ
ments.
Added employ- [This act amends C. L. chapter 31, section 93 (see Bulletin No. 85,
ments forbidden. pp. 685, 686), b y adding drill presses, metal or paper-cutting machines,
and comer-staying machines in paper b ox factories to the list of
machines at which children under sixteen years of age may not be
em ployed.]
LABOR LAW S---- N E W YORK-----ACTS OF 1910.
1089
C h a p t e r 1 1 4 . —Inspection o f factories and workshops— Sanitation.
S ection 1. Section eighty-four of * * *, chapter thirty-one of the
Consolidated Laws, is hereby amended to read as follows:
Section 84. The walls and ceilings of each workroom in a factory Walls.
shall be limewashed or painted, when in the opinion of the commis
sioner of labor, it will be conducive to the health or cleanliness of the
persons working therein. Floors shall b e maintained in a safe condition Floors.
and shall be kept clean and sanitary at all times. No person shall spit Expectoration.
or expectorate upon the walls, floors, or stairs of any building used in
whole or in part for factory purposes. Sanitary cuspidors shall be pro
vided, in the discretion of the commissioner of labor, in every work
room in a factory in such numbers as the commissioner of labor may
determine. Such cuspidors shall be thoroughly cleaned daily. Suit Waste and ref
able receptacles shall be provided and used for the storage of waste use.
and refuse; such receptacles shall be maintained in a sanitary condi
tion.
Became a law April 20, 1910.
C h a p t e r 140.— Employment
of children—School attendance.
[The provisions of chapter 16 of the Consolidated Laws are for the
most part reenacted without important change b y chapter 140, Acts
of 1910, which is a new codification of the education law of the State.
The authority to issue certificates of school attendance to children
desiring to seek employment is restricted as follows:]
S ection 630.
*
*
*
*
*
*
*
2. A
teacher or superintendent to whom application shall be made Who to issue
for a school record certificate required under the provisions of th ecertificates*
labor law shall issue a school record certificate to any child who, after
due investigation and examination, may be found to be entitled to
the same as follows:
a. In a city of the first class b y the principal or chief executive of a
school.
b. In all other cities and in school districts having a population of
five thousand or more and employing a superintendent of schools, by
the superintendent of schools only.
c. In all other school districts b y the principal teacher of the school.
d. In each city or school district such certificate shall be furnished
on demand to a child entitled thereto or to the board or commissioner
of health.
Became a law April 22, 1910.
Ch a p t e r
1 55 . —Accidents to he reported.
S ection 1. * * * An act relating to labor, constituting chapter
thirty-one of the Consolidated Laws, is hereby amended b y adding
after section twenty a new section, to be numbered twenty-a, to read
as follows:
Section 20-a. The person in charge of any building, construction, Accidents on
excavating or engineering work of any description, including the work busings, etc.;
of repair, alteration, painting or renovating, m all keep a correct record
of all deaths, accidents or injuries sustained b y any person working
thereon, in such form as may be required b y the commissioner of labor.
Such record shall be open to the inspection of the commissioner of labor
and a cop y thereof snail be furnished to the said commissioner on
demand. Within forty-eight hours after the time of the accident,
death or injury, a report thereof shall be made in writing to the com
missioner of labor, stating as fully as possible the cause of the death or
injury, and the place where the injured person has been sent, with such
other or further information relative thereto as may be required b y the
said commissioner, who may investigate the causes thereof and require
such precautions to be taken as w ill prevent the recurrence of similar
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happenings. No statement contained in any such report shall be
admissible in evidence in any action arising out of the death or accident
therein reported.
In fact or ies,
[Sections 87, (see Twenty-second Annual Report of the Commissioner
tines, etc.
0f Labor, p. 914), and 126 (see Bulletin No. 85, U. S. Bureau of Labor,
pp. 686,687), are also amended b y inserting provisions as to the keeping
o f records of accidents in factories and in mines, quarries and tunnel
work open to the inspection of the commissioner of labor, the same as
are found in section 20a on this point.]
Became a law April 23,1910.
C h a p t e r 229.— Inspection
of factories and workrooms—Drinking watery
wash rooms, and water-closets.
.
S ection 1 Section eighty-eight of * * *, chapter thirty-one of
the Consolidated Laws, is hereby amended to read as follows:
Drinking
Section 88. In every factory there shall be provided at all times for
rater.
the use of employees, a sufficient supply of clean and pure drinking
water. Such water shall be supplied through proper pipe connections
with water mains through which is conveyed the water used for domestic
purposes, or, from a spring or well or b od y of pure water; if such drink
ing water be placed in receptacles in the factory, such receptacles
shall be properly covered to prevent contamination and shall be thorWash rooms, oughly cleaned at frequent intervals. In every factory there shall be
provided and maintained for the use of employees, suitable and con
venient wash rooms, adequately equipped with sinks and proper water
service. Where females are em ployed, dressing or emergency rooms
shall be provided for their use; each such room shall have at least one
window opening to the outer air and shall be inclosed b y means of
Drying rooms, solid partitions or walls. In brass and iron foundries suitable provision
shall be made and maintained for drying the working clothes of persons
Water-closets, em ployed therein. In every factory there shall be provided suitable
and co n v e n ien t water-closets for each sex, in such number as the com
missioner of labor may determine. Such water-closets shall be prop
erly screened, lighted, ventilated and kept clean and sanitary; the
inclosure of each closet shall be kept clean and sanitary and free from
all obscene writing or marking. The water-closets used b y the females
shall be entirely separated from those used b y males and the entrances
thereto shall be effectively screened. The water-closets shall be main
tained inside the factory whenever practicable and in all cases, when
required b y the commissioner of labor.
Became a law May 6,1910.
Ch a p t e r
317.— Payment of wages of state employees—Semimonthly
pay day— Garnishment.
S ection 1. * * * An act relating to state finance, constituting
chapter fifty-six of the Consolidated Laws, is hereby amended b y adding,
after section two, a new section, to be section tw o-a thereof, to read as
follows:
Wages to be Section 2-a. The salaries of all officers of the State, and the wages of
paid twiee each an employees thereof shall be due from and payable b y the State twice
mont *
each month, on the first and sixteenth days thereof, except where
such days fall upon Sunday or a legal holiday when such payments
shall be made upon the succeeding business day. Said salaries and
Subject to gar- wages shall be subject to all the provisions of section thirteen hundred
nishment.
and ninety-one of the Code of Civil Procedure applicable to any wages,
debts, earnings or salary, as if the State and the said wages and salary
due and payable b y it had been particularly designated therein. The
provisions of this section shall be deemed to supersede any other
provision of this chapter or of any general or special law inconsistent
herewith.
Became a law May 17, 1910.
LABOR L A W S— N E W
Ch a p t e r
Y O R K — ACTS OF 1910.
342.— Employment of children—Night work of messengers.
S e c t io n 1. * * * Chapter thirty-one of the Consolidated Laws,
is hereby amended b y adding thereto a new section, to be section one
hundred and sixty-one-a thereof, to read as follows:
Section 161-a. In cities of the first or second class no person under
the age of twenty-one years shall be employed or permitted to work as
a messenger for a telegraph or messenger company in the distribution,
transmission or delivery of goods or messages before five o ’ clock in the
morning or after ten o’ clock in the evening of any day.
Became a law May 21, 1910.
Ch a pter
1091
Night work,
352.— Liability of employers for injuries to employees— Compensation plan.
S e c t io n 1. Sections two hundred, two hundred and one and two
hundred and two of * * * chapter thirty-one of the Consolidated
Laws, are hereby amended to read, respectively, as follows:
Section 200. When personal injury is caused to an employee who is
himself in the exercise of due care and diligence at the time:
1. B y reason of any defect in the condition of the ways, works, injuries caused
machinery, or plant, connected with or used in the business of the by defective ma*
employer w hich arose from or had not been discovered or rem ediedchmery*
owing to the negligence of the employer or of any person in the service
of the employer and intrusted b y nim with the duty of seeing that the
ways, works, machinery, or plant, were in proper condition;
2 . B y reason of the negligence of any person in the service of the Negligence of
employer intrusted with any superintendence or b y reason of the superintendent,
negligence of any person intrusted with authority to direct, control
or command any em ployee in the performance of the duty of such
employee. The employee, or in case the injury results in death, the
executor or administrator of a deceased employee who has left him
surviving a husband, wife or next of kin, shall have the same right of Right of action,
compensation and remedies against the employer as if the employee
had not been an employee of nor in the service of the employer nor
engaged in his work. The provisions of law relating to actions for
causing death b y negligence, so far as the same are consistent with this
act, shall apply to an action brought b y an executor or administrator
of a deceased employee, suing under the provisions of this article. If Contractor's
an employer enters into a contract, written or verbal, with an in d e- employees,
pendent contractor to do part of such employer’ s work, or if such con
tractor enters into a contract with a subcontractor to do all or any part
of the work comprised in such contractor’ s contract with the employer,
such contract or subcontract shall not bar the liability of the employer
for the injuries to the employees of such contractor or subcontractor,
caused b y any defect in the condition of the ways, works, machinery,
or plant, if they are the property of the employer or are furnished b y
him, ana if such defect rose, or nad not been discovered or remedied,
through the negligence of the employer, or of some person intrusted
b y him with the duty of seeing that they were in proper condition.
Sec. 201. No action for recovery of compensation for injury or death Notice,
under this article shall b e maintained unless notice of the time, place
and cause of the injury is given to the employer within one hundred
and twenty days ana tne action is commenced within one year after the
occurrence of the accident causing the injury or death. The notice
required b y this section shall bo in writing and signed b y the person
injured or b y some one in his behalf, bu t if from physical or mental in
capacity it is impossible for the person injured to give notice within
the time provided in this section, he may give the same within ten
days after such incapacity is removed. In case of his death without
haying given such notice, his executor or administrator may give such
notice within sixty days after his appointment, bu t no notice under the
provisions of this section shall be deemed to be invalid or insufficient
solely b y reason of any inaccuracy in stating the time, place or cause
of the injury if it be shown that there was no intention to mislead and
that the party entitled to notice was not in fact misled thereby. If
such notice does not apprise the employer of the time, place or cause of
1092
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injury, he may, within eight days after service thereof, serve upon the
sender a written demand for a further notice, which demand must
specify the particular in which the first notice is claimed to be defec
tive, and a failure b y the employer to make such demand as herein
provided shall be a waiver of all defects that the notice may contain.
After service of such demand as herein provided, the sender of such
notice may at any time within eight days thereafter serve an amended
notice which shall supersede such first notice and have the same effect
as an original notice nereunder. The notice required b y this section
shall be served on the employer, or if there is more than one employer,
upon one of such employers, and may be served b y delivering the same
to or at the residence or place of business of the person on whom it is
to be served. The notice or demand may be served b y post b y letter
addressed to the person on whom it is to be served, at his last known
place of residence or place of business^ and if served b y post shall be
deemed to have been served at the time when the letter containing
the same w ould b e delivered in the ordinary course of the post. When
the employer is a corporation, notice shall b e served b y delivering the
same or b y sending it b y post addressed to the office or principal place
of business of such corporation.
Risks assumed.
Sec. 202. A n em ployee b y entering upon or continuing in the service
of the employer shall be presumed to have assented to the necessary
risks of the occupation or employm ent and no others. The necessary
risks of the occupation or employm ent shall, in all cases arising after
this article takes effect, be considered as including those risks, and
those only, inherent in the nature of the business which remain after
the employer has exercised due care in providing for the safety of his
employees, and has com plied with the laws affecting or regulating
such business or occupation for the greater safety of such employees.
In an action brought to recover damages for personal injury or for
death resulting therefrom received after this act takes effect, owing to
any cause, including open and visible defects, for which the employer
would be liable but for the hitherto available defense of assumption
of risk b y the employee, the fact that the em ployee continued in the
service of the employer in the same place ana course of employm ent
after the discovery b y such em ployee, or after he had been informed
of the danger of personal injury therefrom shall not be, as matter of fact
or as matter of law, an assumption of the risk of injury therefrom, but
an employee, or his legal representative, shall not be entitled under
this article to any right of compensation or remedy against the employer
in any case where such em ployee knew of the defect or negligence
which caused the injury and failed, within a reasonable time, to give,
or cause to be given, information thereof to the employer, or to some
person superior to himself in the service of the employer, or who had
intrusted to him some superintendence, unless it shall appear on the
trial that such defect or negligence was known to such employer, or
superior person, prior to such injuries to the em ployee; or unless such
defect could have been discovered b y such employer b y reasonable
and proper care, tests or inspection.
S ec . 2. Such chapter is hereby amended b y inserting therein a new
section to be section two hundred and two-a, to read as follows:
Sec. 202-a. On the trial of any action brought b y an employee or his
Contributory
negligence.
personal representative to recover damages for negligence arising out
of and in the course of such employm ent, contributory negligence of
the injured em ployee shall be a defense to be so pleaded and proved b y
the defendant.
S ec . 3. Such chapter is hereby amended b y adding at the end of
article fourteen thereof seven new sections, to read as follows:
Sec. 205. When and if any employer in this state and any of his
C o n s e n t to
com pen sa tion employees shall consent to the compensation plan described in sections
plan.
two hundred and six to two hundred and twelve, inclusive, of this arti
cle, hereinafter referred to as the plan, and shall signify their consent
thereto in writing signed b y each of them or their authorized agents,
and acknowledged in the manner prescribed b y law for taking the
acknowledgment of a conveyance of real property, and such writing is
filed with the county clerk of the county in w hich it is signed b y the
employee, then so long as such consent has not expired or been canceled
LABOR LAW S— N E W YORK— ACTS OF 1910.
1093
as hereinafter provided, such employee, or in case injury to him results
in death, his executor or administrator, shall have no other right of
action against the employer for personal injury or death of any kind,
under any statute or at common law, save under the plan so consented
..to, except where personal injury to the em ployee is caused in whole
or in part b y the failure of the employer to obey a valid order made b y
the commissioner of labor or other public authority authorized to
require the employer to safeguard his employees, or where such injury
is caused b y the serious or willful misconduct of the employer. In such
excepted cases thus described, no right of action which the employee Actions.
has at common law or b y any other statute shall be affected or lost b y
his consent to the plan, if such employee, or in case of death his exec
utor or administrator, commences such action before accepting any
benefit under such plan or giving any notice of injury as provided in
section two hundred and six hereof. The commencing of any legal
action whatsoever at common law or b y any statute against the employer
on account of such injury, except under the plan, shall bar the
employee, and in the event of his death his executors, administrators,
dependents and other beneficiaries, from all benefit under the plan.
This section and sections two hundred and six to two hundred and
twelve, inclusive, of this article shall not apply to a railroad corporation,
foreign or domestic, doing business in this state, or a receiver thereof,
or to any person employed b y such corporation or receiver.
Sec. 206. If personal injury b y accident arising out of and in the Compensation
course of the employment is caused to the em ployee, the employer shall, payable when.
subject as hereinafter mentioned, be liable to pay compensation under
the plan at the rates set out in section two hundred and seven of this
article: Providedy That the employer shall not be liable in respect of any
injury which does not disable the employee for a period of at least two
weeks from earning full wages at the work at which he was employed,
and that the em ployer shall not be liable in respect of any injury to
the em ployee w hich is caused b y the serious and willful misconduct of
that em ployee. No proceedings for recovery under the plan provided
hereby shall b e maintained unless notice of the accident has been given Notice.
to the employer as soon as practicable after the happening thereof and
before the em ployee has voluntarily left the employment in which he
was injured and during such disability, and unless claim for com
pensation with respect to the accident has been made within six
months from the occurrence of the accident, or in the case of death
of the em ployee, or in the event of his physical or mental incapacity
within six months after such death or removal of such physical or mental
incapacity, or in the event that w eekly payments have been made
under the plan, within six months after such payments have ceased;
but no want of or defect or inaccuracy of a notice shall be a bar to the
maintenance of proceedings under the plan unless the employer proves
that he is prejudiced b y such want, defect or inaccuracy. Notice of
the accident shall apprise the employer of the claim for compensation
under this plan and shall state the name and address of the employee
injured, the date and place of the accident and in simple language the
cause thereof. The notice may be served personally or b y sending it
b y mail in a registered letter addressed to the employer at his last known
residence or place of business.
Amount p a y
Sec. 207. The amount of compensation under the plan shall be :
able in case of
1. In case death results from injury:
death.
(a) If the employee leaves a widow or next of kin at the time of his
death w holly dependent on his earnings, a sum equal to twelve hun
dred times the daily earnings of the employee at the rate at which he
was being paid b y the employer at the time of the accident, but not
more in any event than three thousand dollars. A n y weekly payments
previously made under the plan shall be deducted in ascertaining such
amount payable on death.
(b ) I f such widow or next of kin or any of them are in part only
dependent upon his earnings, such sum not exceeding that providea
in subdivision (a) as may be determined to be reasonable and propor
tionate to the injury to suchdependents.
(c) If he leaves no widow, or next of kin so dependent in whole or in
part, the reasonable expenses of his medical attendance and burial, not
exceeding one hundred dollars. Whatever sum may be determined
1094
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to be payable under the plan, in case of death of the injured employee,
shall be paid to his legal representative for the benefit of such depend
ents, or if he leaves no such dependents, for the benefit of the person to
whom the expenses of medical attendance and burial are due.
Of incapacity.
2 . Where total or partial incapacity for work at any gainful employ
ment results to the employee from the injury, a w eekly payment com
mencing at the end of the second week after the injury and continuing
during incapacity, subject as herein provided, not exceeding fifty per
centum of his average weekly earnings when at work on full time during
the preceding year during which he shall have been in the employm ent
of the same employer, or if he shall have been em ployed less than a
year, then a weekly payment of not exceeding three times the average
daily earnings on full time for such less period.
In fixing the amount of the weekly payment, regard shall be had to
any payment, allowance or benefit which the workman may have re
ceived from the employer during the period of his incapacity, and in
the case of partial incapacity the weekly payment shall in no case
exceed the difference between the amount of the average weekly earn
ings of the workman before the accident and the average amount which
he is earning or is able to earn in some suitable employm ent or business
after the accident but shall amount to one-half of such difference. In
no event shall any weekly payment payable under the plan exceed ten
dollars per week or extend over more than eight years from the date of
Medical exam- the accident. A ny person entitled to receive weekly payments under
inations.
the plan is required, if requested b y the employer, to submit himself
for examination b y a duly qualified medical practitioner or surgeon
provided and paid for b y the employer, at a time and place reasonably
convenient for the employee, within three weeks after the injury, and
thereafter at intervals not oftener than once in six weeks. If the work
man refuses so to submit or obstructs the same, his right to w eekly pay
ments shall be suspended until such examination shall have taken place
and no compensation shall be payable under the plan during such
period. In case an injured employee shall be mentally incompetent
at the time when any right or privilege accrues to him under the plan,
a committee or guardian of the incom petent appointed pursuant to law
may, on behalf of such incompetent, claim and exercise any such right
or privilege with the same force and effect as if the em ployee himself
had been competent and had claimed or exercised any such right or
privilege; and no limitation of time herein provided for shall run so
long as said incom petent employee has no committee or guardian.
Sec. 208. A n y question of law or fact arising in regard to the applicaSettlement of tion of the plan in determining the compensation payable thereunder
disputes.
or otherwise shall be determined either b y agreement or b y arbitration
as provided in the code of civil procedure, or b y an action at law as
herein provided. In case the employer shall be in default in any of
his obligations to the em ployee under the plan, the injured employee
or his committee or guardian, if such be appointed, or his executor or
administrator, may then bring an action to recover compensation under
the plan in any court having jurisdiction thereof as on a written con
tract. Such action shall be conducted in the same manner as an action
at law for the recovery of damages for breach of a written contract, and
shall for all purposes, including the determination of jurisdiction, be
deemed such an action. The judgment in such action, in favor of the
plaintiff, shall b e for a lump sum equal to the amount of the payments
then due and prospectively due under the plan. In such action b y an
executor or administrator the judgment may provide the proportions of
the award or the costs to be distributed to or between the several de
pendents. If such determination is not made it shall be determined
b y the surrogate’s court b y which such executor or administrator is
appointed, in accordance with the terms of this article on petition of
any party on such notice as such court may direct.
Sec. 209. A n y person entitled to weekly payments under the plan
Claims p r e- against any employer shall have the same preferential claim therefor
ferred.
against the assets of the employer as now allowed b y law for a claim b y
such person against such employer for unpaid wages or personal services.
W eekly payments due under tne plan shall not be assignable or subject
to attachment, levy or execution. No claim of an attorney for any
LABOR LAW S— N E W YORK— ACTS OF 1910.
1095
contingent interest in any recovery under the plan for services in secur
ing sucn recovery shall be an enforceable lien thereon, unless the amount
of the same be approved in writing b y a justice of the supreme court, or
in case the same is tried in any court, before [by] the justice presiding
at such trial.
Sec. 210. When a consent to the plan shall have been filed in the Cancellation of
office of the county clerk as herein provided, it shall be binding upon consent*
both parties thereto as long as the relation of employer and employee
exists between the parties, and expire at the end of such employment,
bu t it may at any time be canceled on sixty days’ notice in writing
from either party to the other. Such notice of cancellation shall be
effective only if served personally or sent b y registered letter to the last
known post-office address of the party to whom it is addressed, but no
notice of cancellation shall be effective as to a claim for injury occurring
previous thereto.
Sec. 211. Each employer who shall sign with any employee a consent Reports of conto the plan shall, within thirty days thereafter, file with the commissioner of labor a statement thereof, signed b y such employer, which
shall show (a) the name of the employer and his post-office address,
(b) the name of the employee and his last known post-office address,
(c) the date of and office where the original consent is filed, (d) the
weekly wage of the employee at the time the consent is signed; unless
such statement is duly filed, such consent of the employee shall not be
a bar to any proceeding at law commenced b y the employee against
the employer.
Sec. 212. Each employer of labor in this State who shall have entered R?P°rts of opinto the plan with any employee shall, on or before the first day o fera lons*
January, nineteen hundred and eleven, and thereafter and at such
times as may be required b y the commissioner of labor, make a report
to such commissioners of all amounts, if any, paid b y him under such
plan to injured employees, stating the name of such employees, and
showing separately the amounts paid under agreement with the em
ployees, and the amounts paid after proceedings at law, and the pro
ceedings at law under the plan then pending. Such reports shall be
verified b y the employer or a duly authorized agent in the same manner
as affidavits.
Became a law May 24, 1910.
Ch a p t e r
374.—Examination and licensing of chauffeurs.
S e c t io n 1. An act relating to highways, constituting chapter twentyfive of the Consolidated Laws, is hereby amended * * * to read as
follows:
*
*
*
*
*
Section 289. 1. Application for license to operate motor vehicles, as Applications
chauffeur, may be made, b y mail or otherwise, to the secretary of statefor licenseor his du ly authorized agent upon blanks prepared under his authority.
The secretary of state shall appoint examiners and cause examinations
to be held at convenient points throughout the State as often as may be
necessary. Such applications shall be accompanied b y a photograph
of the applicant in such numbers and forms as the secretary of state
shall prescribe, said photograph to be taken within thirty days prior
to the filing of said application and to be accompanied b y the fee pro
vided herein. Before such a license is granted the applicant shall pass
such examination as to his qualifications as the secretary of state shall Examination,
require, and no license shall be issued until the secretary of state or his
authorized agent is satisfied that the applicant is a proper person to
receive it. No chauffeur’s license shall be issued to any person under
eighteen years of age. To each person shall be assigned some distin
guishing number or mark, and the license issued shall be in such form
as the secretary of state shall determine; it may contain special restric
tions and limitations concerning the type of motor power, horsepower,
design and other features of the motor vehicles which the licensee may
operate; it shall contain the distinguishing number or mark assigned to
the licensee, his name, place of residence and address, a brief descrip
tion 1of the licensee for the purpose of identification and the photograph
of the licensee. Such distinctive number or mark shall be of a distinctly
1096
B U L L E T IN
OP T H E
BUBEAU
OF L A BO R.
different color each year and in any year shall be of the same color as
that of the number plates issued for that year. The secretary of state
shall furnish to every chauffeur so licensed a suitable metal badge with
the distinguishing number or mark assigned to him thereon without
extra charge therefor. This badge shall thereafter be worn b y such
chauffeur pinned upon his clothing in a conspicuous place, at all times
while he is operating or driving a motor vehicle upon the public high
ways. Said badge snail be valid only during the term of the license of
the chauffeur to whom it is issued as aforesaid. Every person licensed
to operate motor vehicles as aforesaid shall indorse his usual signature
on the margin of the license, in the space provided for the purpose,
immediately upon receipt of said license, and such license shall not
be valid until so indorsed. Every application for license filed under
the provisions of this section shall be sworn to and shall be accompanied
Fee.
b y a fee of five dollars. The license hereunder granted on or before
August first, nineteen hundred and ten, shall take effect on that date,
and licenses issued prior to January thirty-first, nineteen hundred and
eleven, shall expire on that date. The fees for such licenses shall be
one-half of the annual fees provided herein.
Register.
2. Upon the receipt of such an application, the secretary of state shall
thereupon file the same in his office, and register the applicant in a book
or index which shall be kept in the same manner as the book or index
for the registration of motor vehicles, and when the applicant shall have
passed the examination provided for in the preceding section, the num
ber or mark assigned to such applicant together with the fact that such
applicant has passed such examination shall be noted in said book or
index.
Unauthorized 3. No chauffeur having been licensed as herein provided shall vol
use of license or untarily permit any other person to possess or use his license or badge,
badge.
nor shall any person while operating or driving a motor vehicle use or
possess any license or badge belonging to another person, or a fictitious
license or badge.
L i c e n s e re 4. No person shall operate or drive a motor vehicle as a chauffeur
quired.
upon a public highway of this State after the first day of August, nine
teen hundred and ten, unless such person shall have complied in all
respects with the requirements of this section: Provided, however,
That a nonresident chauffeur, who has registered under provisions of
law of the foreign country, State, Territory or federal district of his
residence substantially equivalent to the provisions of this section,
shall be exempt from license under this section: And provided, further.
He shall wear the badge assigned to him in the foreign country, State,
Territory or federal district of his residence in the manner provided
in this section.
Renewal.
5. Such license shall be renewed annually upon the payment of the
same fee as provided in this section for the original license, such renewal
to take effect on the first day of February of each year.
Became a law May 31, 1910.
Badge.
C h a p t e r 387.— Employment
of children—Hours of labor.
S ection 1 . Section one hundred and sixty-one of * * * chapter
thirty-one of the Consolidated Laws, is hereby amended to read as
follows:
Hours of labor Section 161. No child under the age of sixteen years shall be emer week.
ployed, permitted or suffered to work in or in connection with any
mercantile establishment, business office, or telegraph office, restau
rant, hotel, apartment house, bowling alley, or in the distribution or
transmission of merchandise, articles or messages, or in the distribution
or sale of articles or as a messenger, usher or checker in places of amuseNight work,
ment, more than fifty-four hours in any one week, or more than nine
hours in any one day, or before eight o ’ clock in the morning or after
Female minors, seven o’ clock; in the evening of any d a y. N o female em ployee between
sixteen and twenty-one years of age shall be required, permitted or
suffered to work in or in connection with any mercantile establishment
more than sixty hours in any one week; or more than ten hours in any
one day, unless for the purpose of making a shorter work day of some
one day of the week; or before seven o ’clock in the morning or after
LABOR LA W S— N E W
Y O R K — A C T S OF 1910.
ten o ’clock in the evening of any day. This section does not apply to
the employm ent of persons sixteen years of age or upward between the
eighteenth day of December and the following twenty-fourth day of
Decem ber, both inclusive. Not less than forty-five minutes shall be
allowed for the noonday meal of the employees of any such establish
ment. Whenever any employee is employed or permitted to work
after seven o ’ clock in the evening, such em ployee shall be allowed at
least twenty minutes to obtain lunch or supper between five and seven
o ’clock in the evening.
Became a law June 6, 1910.
Ch a p t e r
Time for meals,
461.— Inspection of factories and workshops—Stairs and doors—
Fire escapes.
[This chapter amends section 80 of the labor law b y adding a provision forbidding the obstruction of doors, windows or other openings
in factories b y stationary metal bars, grating or wire mesh. If bars,
etc., are used, they must b e readily removable from the inside so as to
permit egress in case of need. Section 83 is also amended b y providing
that the commissioner of labor may b y written order direct the removal
of any stationary metal bars, etc., not approved b y him .]
Ch a pt e r
1097
Metal bars, etc.
514.—Department of labor—Bureau of industries and immi
gration.
[This chapter amends the labor law (C. L. ch. 31) in section 1 b y New bureau,
adding as title of a new article, numbered 10a, the phrase “ Bureau of
industries and immigration.” Section 42 is amended to read as
follows:]
Section 42. The department of labor shall be divided into five Number of bubureaus as follows: Factory inspection, labor statistics, mediation and reaus*
arbitration, industries and immigration, and mercantile inspection.
[Section 43 (section 33 of the old law) is amended b y inserting in New classes of
each of its subsections the words “ chief investigator and special inves- exnPl°yees*
tigators ” in connection with the other officials and employees of the
department. Section 44 (section 34 of the old law) is similarly
am ended.]
Section 3. The said act is hereby further amended b y inserting be
tween articles ten and eleven thereof a new article, to be known as
article ten-a, w hich shall read as follows:
Section 151. There shall be a bureau of industries and immigration, Bureau created,
which shall be under the immediate charge of a chief investigator, but
subject to the supervision and direction of the commissioner of labor.
Section. 152. The commissioner of labor may appoint from time to
time not more than twelve persons as special investigators, not more Investigators,
than two of whom shall be women, and who may be removed b y him
at any time. The special investigators may be divided into two grades.
Each special investigator of the first grade shall receive an annual
salary of twelve hundred dollars, and each of the second grade an
annual salary of fifteen hundred dollars.
Section 153. 1. The commissioner of labor shall have the power to Economic conmake full inquiry, examination and investigation into the condition, ^itio?s affecting
welfare and industrial opportunities of all aliens arriving and b ein g immigran s*
within the State. He shall also have power to collect information with
respect to the need and demand for labor b y the several agricultural,
industrial and other productive activities, including public works
throughout the State; to gather information with respect to the supply
of labor afforded b y such aliens as shall from time to time arrive or be
within the State; to ascertain the occupations for which such aliens
shall be best adapted, and to bring about intercommunication between
them and the several activities requiring labor which will best promote
their respective needs; to investigate and determine the genuineness
of any application for labor that may be received and the treatment
accorded to those for whom employment shall b e secured; to cooperate
with the employm ent and immigration bureaus conducted under
authority of the federal government or b y the government of any other
State, and with public and philanthropic agencies designed to aid in
i09a
B U L L E T IN
OP T H E
BUBEAU
OF LA BO B.
the distribution and employment of labor; and to devise and carry out
such other suitable methods as w ill tend to prevent or relieve conges
tion and obviate unemployment.
C h i l d r e n of 2 . The commissioner of labor shall procure with the consent of the
school age.
federal authorities complete lists giving the names, ages and destina
tion within the State of all alien children of school age, and such other
facts as w ill tend to identify them, and shall forthwith deliver copies
of such lists to the commissioner of education or the several boards of
education and school boards in the respective localities within the State
to which said children shall be destined, to aid in the enforcement of
the provisions of the education law relative to the compulsory attend
ance at school of children of school age.
Instruction of 3. The commissioner of labor shall further cooperate with the com
aliens.
missioner of education and with the several boards of education and
school commissioners in the State, to devise methods for the proper
instruction of adult and minor aliens in the English language and in
respect to the duties and rights of citizenship and the fundamental
principles of the American system of government, and otherwise to
further their education.
Labor c a m p s 4 . The commissioner of labor may inspect all labor camps within the
agencies. 0yment State; and shall inspect all employment and contract-labor agencies
dealing principally with aliens, or who secure or negotiate contracts for
their employment within the State; shall cooperate with other public
authorities, to enforce all laws applicable to private bankers dealing
Bankers.
with aliens and laborers; secure information with respect to such aliens
who shall be in prisons, almshouses and insane asylums of the State,
and who shall be deportable under the laws of the United States, and
Criminals, de- cooperate with the federal authorities and with such officials of the
pendents, etc.
State having jurisdiction over such criminals, paupers and insane aliens
who shall be confined as aforesaid, so as to facilitate the deportation of
such persons as shall com e within the provisions of the aforesaid laws
of the United States, relating to deportation; shall investigate and
inspect institutions established for the temporary shelter and care of
aliens, and such philanthropic societies as shall be organized for the
purpose of securing employment for or aiding in the distribution of
aliens, and the methods b y which they are conducted,
Protection of 5. The commissioner of labor shall investigate conditions prevailing
immigrants
on at the various places where aliens are landed within this State, and at
arrival.
the several docks, ferries, railway stations and on trains and boats
therein, and in cooperation with the proper authorities, afford them
protection against frauds, crimes and exploitation; shall investigate
any and all complaints with respect to frauds, extortion, incom petency
and improper practices b y notaries public, interpreters and other public
officials, and present to the proper authorities the results of such inves
tigation for action thereon; shall investigate and study the general
social conditions of aliens within this State, for the purpose of inducing
remedial action b y the various agencies of the State possessing the
requisite jurisdiction; and shall generally, in conjunction with exist
ing public and private agencies, consider and devise means to promote
the welfare of the State.
Investigations
Sec. 154. A n y investigation, inquiry or hearing which the commis
and hearings.
sioner of labor has power to undertake or to hold may b y special authori
zation from the commissioner of labor be undertaken or held b y or
before the chief investigator, and any decision rendered on such inves
tigation, inquiry, or hearing, when approved and confirmed b y the
commissioner and ordered filed in his office, shall be and be deemed
to be the order of the commissioner. A ll hearings before the commis
sioner or chief investigator shall be governed b y rules to be adopted
and prescribed b y the commissioner; and in all investigations, inquiries
or hearings the commissioner or chief investigator shall not be bound
b y technical rules of evidence. No person shall be excused from testi
fying or from producing any books or papers on any investigation or
inquiry b y or upon any hearing before the commissioner or chief inves
tigator, wnen ordered to do so, upon the ground that the testimony or
evidence, books or documents required of h im may tend to incriminate
him or subject him to a penalty or forfeiture, bu t no person shall be
prosecuted, punished or subjected to any penalty or forfeiture for or on
LABOR L A W S— N E W
Y O R K — A C T S O F 1910.
1099
account of any act, transaction, matter or thing concerning which he
shall under oath have testified or produced documentary evidence:
Provided, however, That no person so testifying shall be exem pt from
prosecution or punishment for any perjury committed b y him in his
testimony.
Sec. 155. The term ‘ ‘ employment agency ” as used in this act shall Employ m e n
include any person, firm, corporation or association regularly engaging agencies*
in the business of negotiating labor contracts or of receiving applica
tions for help or labor, or for places or positions, excepting such as shall
conduct agencies exclusively for procuring employment for teachers,
for incumbents of technical, clerical or executive positions, for vaude
ville or theatrical performers, musicians or nurses, and also excepting
bureaus conducted b y registered agricultural or medical institutions
and, excepting also departments maintained b y persons, firms, corpora
tions or associations for the purpose of securing help for themselves
where no fee is charged the applicant for employment. A ll em ploy
ment agencies other than those herein excepted shall on or before the
first day of October, nineteen hundred and ten, and annually there
after, file with the commissioner of labor a statement containing the Statements to
name of the person, firm, corporation or association conducting such *>e filedagency, the street and number of the place where the same shall be
conducted and showing whether said agency is licensed or unlicensed,
and if licensed, specifying the date and duration of the license, b y
whom granted and the number thereof. Such statements shall be reg
istered b y the commissioner. Every such employm ent agency shall
keep in the office thereof a full record of the country of the birth of
those for whom places or positions are secured, their length of residence
in this country, and the name and address of the person, firm or corpora
tion to whom the persons for whom such places or positions are secured
shall b e sent, the occupation for which employment shall be secured,
and the compensation to be paid to the person employed. The books
and records of every such agency shall at all reasonable hours be sub
ject to examination b y the commissioner of labor. A n y person who
shall fail to register with the commissioner of labor or to keep books or
records shall be guilty of a misdemeanor and shall be punishable for
the first offense b y a fine of not less than ten dollars, nor more than
twenty-five dollars, and for every subsequent offense b y a fine of not
less than twenty-five dollars, nor more than one hundred dollars, or b y
imprisonment for not more than thirty days, or b y both such fine ana
imprisonment.
Sec. 156. The commissioner of labor shall make an annual report to Reports,
the legislature of the operation of this bureau.
Became a law June 18,1910.
Ch a p t e r
654.— Examination and licensing o f operators of movingpicture machines—New York City.
S e c t io n 1. The Greater New York charter * * * is hereby
amended b y adding, after section five hundred and twenty-nine, a
new section, to be section five hundred and twenty-nine-a thereof, to
read as follows:
Section 529-a. It shall not be lawful for any person or persons to L ic e n s e re
operate any moving-picture apparatus and its connections in the city quired*
of New York unless such person or persons so operating such apparatus
is du ly licensed as hereinafter provided. A n y person desiring to act
as such operator shall make application for a license to so act to the
commissioner of water supply, gas and electricity of the city of New
Y ork who shall furnish to each applicant blank forms of application
w hich the applicant shall fill out.
The commissioner of water supply, gas and electricity shall make
rules and regulations governing the examination of applicants and the
issuance of licenses and certificates.
The applicant shall be given a practical examination under the Examination,
direction of the commissioner of water supply, gas and electricity and
if found competent as to his ability to operate moving-picture apparatus
and its connections shall receive within six days after such examination
a license as herein provided. Such license may be revoked or sus
1100
Violations.
B U L L E T IN
OF T H E BU R E AU
OF LABO R.
pended at any time b y the commissioner of water supply, gas and
electricity. Every license shall continue in force for one year from
th e date o f issue unless sooner revoked or suspended. Every license,
unless revoked or suspended, as herein provided, may at the end o f
one year from the date of issue thereof be renewed b y the commissioner
o f water supply, gas and electricity in his discretion npon application
and with or without further examination as said commissioner may
direct. E very application for renewal o f license must b e made within
th e thirty days previous to the expiration o f such license. W ith every
license granted there shall be issued to every person obtaining such
license a certificate, made b y the commissioner of water supply, gas
and electricity or such other officer as such commissioner m ay design
nate, certifying that th e person named therein is du ly authorized to
operate moving-picture apparatus and its connectiens. Such certifi
cate shall b e displayed in a conspicuous place in the room where the
person to whom it is issued operates moving-picture apparatus and its
connections. N o person shall be eligible to procure a license unless he
shall b e a citizen of the United States and o f full age. A n y person
offending against the provisions o f this section, as w ell as any person
who employs or permits a person n ot licensed as herein provided to
operate moving-picture apparatus and its connections, shall be deemed
gu ilty of a misdemeanor and upon conviction thereof shall b e punished
b y a fine not exceeding the sum of one hundred dollars or imprisonment
for a period not exceeding three months, or both, in the discretion of
the court.
Became a law June 24, 1910.
Chapter 674.— Workmen's compensation m dangerous employments.
S ection 1. Chapter * * * thirty-one o f the Consolidated Laws
is hereby amended b y inserting therein a new article, to be article
fourteen-a thereof, to read as follows:
Employm ents Section 2 1 5 . This article shall apply only to workmen engaged in
designated.
manual or mechanical labor in the following employments, each of
which is hereby determined to b e especially dangerous, in wnfch from
the nature, conditions or means of prosecution of the work therein,
extraordinary risks to the life and lim b o f workmen engaged therein
are inherent, necessary or substantially unavoidable, and as to each of
which employments it is deemed necessary to establish a new system
of compensation for accidents to workmen.
1. T h e erection or demolition o f any bridge or building in which there
is, or in which the plans and specifications require, iron or steel frame
work.
2. The operation of elevators, elevating machines or derricks or
hoisting apparatus used within or on the outside of any bridge or build-,
ing for the conveying o f materials in connection with the erection or
demolition of sucn bridge or building.
3. W ork on scaffolds o f any kind elevated 26 feet or more above the
ground, water, or floor beneath in the erection, construction, painting,
alteration or repair of buildings, bridges or structures.
4. Construction, operation, alteration or repair of wires, cables,
switchboards or apparatus charged with electric currents.
5. A ll work necessitating dangerous proxim ity to gunpowder, blast
ing powder, dynam ite or any other explosives, where the same are used
as instrumentalities of the industry.
6. The operation on steam railroads of locomotives, engines, trains,
motors or cars propelled b y gravity or steam, electricity or other
mechanical power, or the construction or repair of steam railroad tracks
and roadbeds over which such locomotives, engines, trains, motors car
cars are operated.
7. The construction of tunnels and subways.
8. A ll work carried on under compressed air.
Definitions.
Sec. 216. T he words, ‘ ‘ e m p l o y e r , “ workman and “ em ploym ent ,99
os their plurals, used in this article, shall b e construed to apply to all
the employments above described.
Compensation See. 217. If, in the course of any of the employments above depayabie when, g ^ b e d , personal injury b y accident arising out of and in the course of
the employm ent after this article takes effect is caused to any workman
New article.
LABOR. LAW S— N E W YORK— ACTS OF 1910.
1101
em ployed therein, in whole or in part, or the damage or injury caused
thereby is in whole or part contributed to b y —
(a) A necessary risk or danger of the employment or one inherent in
the nature thereof; or
(b) Failure of the employer of such workman or any of his or its
officers, agents or employees to exercise due care, or to com ply with
an y law affecting such employment; then such employer shall, subject
as hereinafter mentioned, be liable to pay compensation at the rates set
out in section 219a of this title: Provided, That the employer shall not
b e liable in respect of any injury which does not disable the workman
for a period of at least two weeks from earning full wages at the work at
which he was em ployed: And provided, That the employer shall not be
liable in respect of any injury to the workman which is caused in whole
or in part b y the serious and willful m isconduct of the workman.
Sec. 218. The right of action for damages caused b y any such injury, A c t i o n s for
at common law or under any statute in force on January 1, 1910, shall damages,
not be affected b y this article, and every existing right of action for
negligence or to recover damages for injuries resulting m death is con
tinued, and nothing in this article shall be construed as limiting such
right of action, but in case the injured workman, or in event of his
death his executor or administrator, shall avail himself of this article,
either b y accepting any compensation hereunder in accordance with
section 219-a h ereof or by beginning proceedings therefor in any manner
on account of any such injury, he shall be barred from recovery in and
deemed thereby to have released every other action at common law or
under any other statute on account of the same injury after this article
takes effect. In case after such injury the workman, or in the event
of his death his executor or administrator, shall commence any action
at common law or under any statute other than this article against
the employer therefor he shall be barred from all benefit of this article
in regard thereto.
Sec. 219. No proceedings for compensation under this article shall Notice,
be maintained unless notice of the accident as hereinafter provided has
been given to the employer as soon as practicable after the happening
thereof and before the workman has voluntarily left the employment
in which he was injured, and during such disability, but no want or
defect or inaccuracy of a notice shall be a bar to the maintenance of
proceedings unless the employer proves that he is prejudiced b y such
want, defect or inaccuracy. Notice of the accident shall state the
name and address of the workman injured, the date and place of the
accident, and in simple language the physical cause thereof, if known.
The notice may be served personally or b y sending it b y mail in a reg
istered letter addressed to the employer at his last known residence or
place of business.
[Sections 219-a to 219-f contain provisions as to scale of compensa- Proceedings,
tion, m edical examinations, mental incom petency of injured work
men, settlement of disputes, preferences and exemptions, and liens of
attorneys, corresponding generally to the provisions of chapter 352 as
to these points. The section relating to the settlement of disputes
contains the following distinctive provision limiting the time of bring
ing action:]
Such action must be commenced within six months after the happen- Limitation,
ing of the accident or in case of the death of the workman b y such acci
dent within six months after the appointment of his legal representa
tive in this State, or in the event of his physical incapacity, within
six months after the removal thereof, or in the event of weekly pay
ments b y the employer hereunder, within six months after such pay
ments have ceased.
[Section 219-g reads as follows:]
Sec. 219g. If an employer who shall be the principal enters into a Employees of
contract with an independent contractor to do part of such em ployer’s contractors,
work, or if such contractor enters into a contract with a subcontractor
to do all or any part of the work comprised in such contractor’s contract
with the employer, the said principal shall be liable to pay to any
workman em ployed in the execution of the work any compensation
under this article which he would have been liable to pay if that work
man had been immediately em ployed b y him ; and where compensa
tion is claim ed from or proceedings are taken against the principal
1102
B U L L E T IN
OF T H E B U B E AU
OF L A BO B.
then, in the application of this article, references to the principal shall
b e substituted for references to the employer, except that the amount
of compensation shall be calculated with reference to the earnings of
the workman under the contractor or employer b y whom he is imme
diately em ployed. Where such principal is liable to pay compensa
tion he shall be entitled to be indemnified b y any person who would
have been liable to pay compensation to the workman independently
of this section. Nothing in this section shall be construed as prevent
ing a workman from recovering compensation under this article from
the contractor or subcontractor, instead of the principal; nor shall this
section apply in any case where the accident shall occur elsewhere
than on, or in, or about the premises on which the principal has under
taken to execute the work or which are otherwise under his control or
management.
Became a law June 25, 1910.
C h a p t e r 679.— Leave
of absence for municipal employees—New York
City.
Scope of act [This chapter amends
extended.
department of education
Acts of 1909, chapter 559, b y naming the
as one of the offices authorized to give vaca
tions to their employees, and b y fixing two weeks instead of one as
the maximum vacation for per diem employees.]
C h a p t e r 680.— Leave
Two
leave of
of absence for state and municipal employees.
S e c t io n 1. Chapter * * * forty-seven of the Consolidated Laws,
is hereby amended b y inserting therein, after section seventy, a new
section, to be section seventy-one thereof, to read as follows:
w eek s* Section 71. The executive officers of every public department,
absence, bureau, commission, or board of the State and of each county, city or
other civ il division thereof are authorized and empowered to grant to
every employee under their supervision, who shall have been m such
em ploy for at least one year, a vacation of not less than tw o weeks in
eacn year, and for such further period of time as in the opinion and
judgment of the executive officers, the duties, position, length of service
and other circumstances may warrant, at such tim e as the executive
officers may fix and during such vacation the said em ployee shall be
allowed the same compensation as if actually em ployed.
Became a law June 25, 1910.
C h a p t e r 700.— Employment
offices.
S e c t io n 1. Article eleven of * * * chapter twenty of the Con
solidated Laws, is hereby amended to read as follows:
Scope of law.
Section 170. 1. This article shall apply to all cities of the State, except
that the provisions hereof relating to domestic and commercial em ploy
ment agencies shall not apply to cities of the third class. This article
does not apply to employm ent agencies w hich procure employm ent
for persons as teachers exclusively, or em ploym ent for persons in tech
nical or executive positions in recognized educational institutions; to
registries conducted b y duly incorporated associations of registered
nurses; and employm ent bureaus conducted b y registered m edical insti
tutions or duly incorporated hospitals. Nor does such article apply to
departments or bureaus maintained b y persons for the purpose of
securing help or employees, where n o fee is charged.
Definitions.
Sec. 171. 1. When used in this article the following terms are defined
as herein specified. The term “ person” means and includes any
individual, company, society, association, corporation, manager, con
tractor, subcontractor or their agents or employees.
2.
The term “ employm ent agency ” means and includes the business
of conducting, as owner, agent, manager, contractor, subcontractor
or in any other capacity an intelligence office, domestic and commercial
employm ent agency, theatrical employm ent agency, general em ploy
ment bureau, shipping agency, nurses’ registry, or any other agency
or office for the purpose of procuring or attempting to procure help
or employm ent or engagements for persons seeking employm ent or
LABOB LAW S— N E W YOKK— ACTS OP 1910.
1103
engagements, or for the registration of persons seeking such help,
employment or engagement, or for giving information as to where and
of whom such help, employment or engagement may be procured,
where a fee or other valuable consideration is exacted, or attempted tc
be collected for such services, whether such business is conducted in a
building or on the street or elsewhere.
3. The term “ theatrical employment agency” means and includes
the business of conducting an agency, bureau, office or any other place
for the purpose of procuring or offering, promising or attempting tc
provide engagements for circus, vaudeville, theatrical and other enter
tainments or exhibitions or performances, or of giving information as
to where such engagements may be procured or provided, whether
such business is conducted in a building, on the street or elsewhere.
4. The term “ theatrical engagement” means and includes any
engagement or employm ent of a person as an actor, performer or enter
tainer in a circus, vaudeville, theatrical and other entertainment,
exhibition or performance.
5. The term “ emergency engagement” means and includes an
engagement which has to be performed within twenty-four hours from
the time when the contract for such engagement is made.
6. The term “ fee ” means and includes any money or other valuable
consideration paid or promised to be paid for services rendered or to
be rendered b y any person conducting an employm ent agency of any
kind under the provisions of this article. Such term includes any
excess of money received b y any such person over what has been paid
out b y him for the transportation, transfer of baggage, or board and
lodging for any applicant for employment; such term also includes
the difference between the amount of money received by any such per
son who furnishes employees, performers or entertainers for circus,
vaudeville, theatrical ana other entertainments, exhibitions or per
formances, and the amount paid b y him to the said employees, per
formers or entertainers whom he hires or provides for such entertain
ments, exhibitions or performances.
7. The term “ privilege” means and includes the furnishing of food,
supplies, tools or shelter to contract laborers, commonly known as
commissary privileges.
Sec. 172. A person shall not open, keep, maintain or carry on any, L ic e n s e re
employm ent agency, as defined in the preceding section, unless hequired.
shall have first procured a license therefor as provided in this article
from the mayor or the commissioner of licenses of the city in which
such person intends to conduct such agency. Such license shall be
posted in a conspicuous place in said agency. A ny person who shall
open or conduct such an employment agency without first procuring
said license shall be guilty of a misdemeanor and shall be punishable
b y a fine of not less than twenty-five dollars and not more than two hun
dred and fifty dollars, or b y imprisonment for a period of not more
than one year, or both, at the discretion of the court.
Sec. 173. An application for such license shall be jnade to the mayor Application,
or commissioner of licenses, in case such office shall have been estab
lished as herein provided. Such application shall be written and in
the form prescribed b y the mayor or commissioner of licenses, and shall
state the name and address, of the applicant; the street and number
of the building or place where the business is to be conducted; whether
the applicant proposes to conduct a lodging house for the unemployed
separate from the agency which he proposes to conduct; the business
or occupation engaged in b y the applicant for at least two years imme
diately preceding the date of the application. Such application shall
be accompanied by the affidavits of at least two reputable residents
of the city to the effect that the applicant is a person of good moral
character.
Sec. 174. Upon the receipt of an application for a license the mayor investigation,
or commissioner of licenses shall cause the name and address of the
applicant, and the street and number of the place where the agency
is to be conducted, to be posted in a conspicuous place in his public
office. The said mayor or commissioner of licenses shall investigate or
cause to be investigated the character and responsibility of the appli
cant and shall examine or cause to be examined the premises designated
in such application as the place in which it is proposed to conduct
64181°— No. 91— 11------ 16
1104
BULLETIN OF TH E BUREAU OF LABOR.
such agency. Any person may file, within one week after such appli
cation is so posted in the said office, a written protest against the issu
ance of such license. Such protest shall be in writing and signed b y
the person filing the same or his authorized agent or attorney, ana
Hearings.
shall state reasons why the said license should not be granted. Upon
the filing of such protest the mayor or commissioner of licenses snail
appoint a time and place for the nearing of such application, and shall
give at least five days’ notice of such time and place to the applicant
and person filing such protest. The said mayor or commissioner of
licenses may administer oaths, subpoena witnesses and take testimony
in respect to the matters contained in such application and protest or
complaints of any character for violations of this article, and may
receive evidence in the form of affidavits pertaining to such matters.
If it shall appear upon such hearing or from the inspection* or examina
tion made b y the said mayor or commissioner of licenses that the said
protest is sustained or that the applicant is not a person of good char
acter, or that the place where such agency is to be conducted is not
a suitable place therefor, or that the applicant has not com plied with
the provisions of this article, the said application shall b e denied and
a license shall not be granted. Each application should be granted
or refused within thirty days from *the date of its filing. The license
shall run to the first Tuesday of May next following the date thereof
and no later, unless sooner revoked b y the mayor or the commissioner
Places prohib-of licenses. N o license shall be granted to a person to conduct the
itedbusiness of an employment agency in rooms used for living purposes
or where boarders or lodgers are kept or where meals are served or where
persons sleep or in connection with a building or premises where
intoxicating liquors are sold to be consumed on the premises, excepting
cafes and restaurants in office buildings.
License to state Sec. 175. E very license shall contain the name of the person licensed,
whata designation of the city, street and number of the house in which the
person licensed is authorized to carry on the said employm ent agency,
and the number and date of such license. Such license shall not be
valid to protect any other than the person to whom it is issued or any
place other than that designated in the license and shall not be trans
ferred or assigned to any other person unless consent is obtained from
the mayor or commissioner of licenses, as hereinafter provided. If
such licensed person shall conduct a lodging house for the unemployed
separate and apart from such agency, it shall be so designated in the
license.
Transfers.
Sec. 176. A license granted as provided in this article shall not be
assigned or transferred without the consent of the mayor or commis
sioner of licenses. Applications for such consent shall be made in the
same manner as an application for a license, and all the provisions of
sections one hundred and seventy-three and one hundred and seventyfour relating to the granting of applications for licenses, including the
procedure upon such application and the posting of the names and
addresses of applicants shall apply to applications for such consent.
No license fee shall be required upon such assignment or transfer. The
location of an em ploym ent agency shall not be changed without the
consent of the mayor or commissioner of licenses, ana such change of
location shall be indorsed upon the license.
Fee.
Sec. 177. 1 . E very person licensed under the provisions of this
act to carry on the business of an em ploym ent agency shall pay to the
mayor or the commissioner of licenses a license fee of twenty-five dollars
before such license is issued. H e shall also deposit before such license
is issued, with the commissioner of licenses, in every city where there
is a commissioner of licenses, or clerk of the city, a bond in the penal
sum of one thousand dollars with two or more sureties or a duly author
ized surety company, to be approved b y the mayor or the commis
sioner of licenses.
Bond.
2. The bond executed as provided in the preceding subdivision of
this section shall be payable to the people of the city in which any such
license is issued ana shall be conditioned that the person applying for
the license w ill com ply with this article, and shall pay all damages
occasioned to any person b y reason of any misstatement, misrepresen
tation, fraud or deceit, or any unlawful act or omission of any licensed
LABOR LAW S— N E W YORK— ACTS OF 1910.
1105
person, his agents or employees, while acting within the scope of their
employment, made, committed or omitted m the business conducted
under such license, or caused b y any other violation of this article in
carrying on the business for which such license is granted.
3. I f at any time, in the opinion of the mayor, or the commissioner
of licenses, the sureties or any of them shall become irresponsible the
person holding such license shall, upon notice from the mayor or com
missioner of licenses, give a new bond, subject to the provisions of this
section. The failure to give a new bond within ten days after such
notice, in the discretion of the mayor or commissioner of licenses,
shall operate as a revocation of such license and the license shall be
thereupon returned to the mayor or the commissioner of licenses who
shall destroy the same.
Bee. 178. A ll claims or suits brought in any court against any licensed Suits,
person may be brought in the name of the person damaged upon the
bond deposited with city b y such licensed person as provided in sec
tion one hundred and seventy-seven and may be transferred and
assigned as other claims for damages in civil suits. The amount of
damages claimed b y plaintiff, and not the penalty named in the bond,
shall determine the jurisdiction of the court in which the action is
brought. Where such licensed person has departed from the State
with intent to defraud his creditors or to avoid the service of a sum
mons in an action brought under this section, service shall be made
upon the surety as prescribed in the Code of Civil Procedure. A copy
of such summons shall be mailed to the last known post-office address
of the residence of the licensed person and the place where he conducted
such employm ent agency, as shown b y the records of the mayor or com
missioner o f licenses. Such service thereof shall be deemed to be made
when not less than the number of days shall have intervened between
the dates of service and the return of the same as provided b y the civil
procedure for the particular court in which suit has been brought.
Sec. 179. It shall be the duty of every licensed person to keep a Register,
register, approved b y the mayor or the commissioner of licenses, in
which shall be entered, in the English language, the date of the appli
cation for employm ent; the name and address of the applicant to
whom employm ent is promised or offered, or to whom information or
assistance is given in respect to such employment; the amount of the
fee received, and whenever possible, the names and addresses of
former employers or persons to whom such applicant is known. Such
licensed person shall also enter in the same or in a separate register,
approved b y the mayor or commissioner of licenses, in the English
language, the name and address of every applicant accepted for help,
the date of such application, kind of help requested, the names of the
persons sent, with the designation of the one employed, the amount
of the fee received and the rate of wages agreed upon. No such licensed
person, his agent or employees, shall make any false entry in such reg
isters. I t shall be the duty of every licensed person, whenever pos
sible, to communicate orally or in writing with at least one of the per
sons mentioned as references for every applicant for work in private
families, or em ployed in a fiduciary capacity, and the result of such
investigation shall be kept on file in such agency: Provided, That if
the applicant for help voluntarily waives in writing such investigation
erf references b y the licensed person, failure on the part of the licensed
person to make such investigation shall not be deemed a violation of
this section.
Sec. 180. Every licensed person conducting a theatrical employm ent Theatrical emagency, before making a theatrical engagement, except an emergency Payment agenengagement, for any person with any applicant for services in any such cies*
engagement shall prepare and file in such agency a written state
ment signed and verified b y such licensed person setting forth how
long the applicant has been engaged in the theatrical business. Such
statement shall set forth whether or not such applicant has failed to
pay salaries or left stranded any companies, in which such applicant
and, if a corporation any of its officers or directors, have been finan
cially interested during the five years preceding the date of application
and, further, shall set forth the names of at least two persons as refer
ences. I f such applicant is a corporation, such statement shall set
1106
B U L L E T IN
OF T H E
BUREAU
OF LABO R.
forth the names of the officers and directors thereof and the length of
time such corporation or any of its officers have been engaged m the
theatrical business and the amount of its paid-up capital stock. If any
allegation in such written, verified statement is made upon information
and belief, the person verifying the statement shall set forth the sources
of his information and the grounds of his belief. Such statement so on
file shall be kept for the benefit of any person whose services are sought
b y any such applicant as employer.
Statements to Sec. 181. E very such licensed person shall give to each applicant
pUcantsiSlied aP" *or domestic or commercial employm ent a card or printed paper cony
*
taining the name of the applicant, the name and address of such employ
ment agency and the written name and address of the person to whom
the applicant is sent for employm ent; kind of services to be performed;
rate o f wages or compensation; the time of such services, if definite,
and if indefinite, to be so stated; and the name and address of person
authorizing the hiring of such applicant, and the cost of transportation
if the services are required outside of the city where such agency is
located.
interfering with Sec. 182. A licensed person shall not induce or attempt to induce
contracts.
any employee to leave his employment with a view to obtaining other
employment through such agency. Whenever such licensed person
or'any other acting for him, agrees to send one or more persons to work
Sending appli-as contract laborers in any one place outside the city in which such
cants out of city, agency is located, the said licensed person shall file with the mayor or
commissioner of licenses, within five days after the contract is made, a
statement containing the following items: Name and address of the
employer; name and address of the employee; nature of the work to be
performed, hours of labor; wages offered, destination of the persons
employed, and terms of transportation. A duplicate copy of this state
ment shall be given to the applicant fcr employment, m a language
which he is able to understand, before he leaves the city.
Theatrical en- Sec. 183. Every licensed person who shall procure for or offer to an
gagements.
applicant a theatrical engagement shall have executed in duplicate a
contract containing the name and address of the applicant; the name
and address of the employer of the applicant and of the person acting
for such employer in employing such applicant; the time and duration
of such engagement; the amount to be paid to such applicant; the
character of entertainment to be given or services to be rendered; the
number of performances per day or per week that are to be given b y
said applicant; if a vaudeville engagement, the name of the person b y
whom the transportation is to be paid, and if b y the applicant, either
the cost of the transportation between the places where said entertain
ment or services are to be given or rendered, or the average cost of trans
portation between the places where such services are to be given or
rendered; and if a dramatic engagement the cost of transportation to the
place where the services begin if paid b y the applicant; and the gross
commission or fees to be paid b y said applicant and to whom. Such
contracts shall contain no other conditions and provisions except such
as are equitable between the parties thereto and do not constitute an
unreasonable restriction of business. The form of such contract shall
be first approved b y the mayor or commissioner of licenses and his
determination shall be reviewable b y certiorari. One of such dupli
cate contracts shall be delivered to the person engaging the applicant
and the other shall be retained b y the applicant. The licensed person
procuring such engagement for such applicant shall keep on file or enter
m a book provided for that purpose a copy of such contract.
Registers, etc., Sec. 184. A ll registers, books, records and other papers required to
to be open.
be kept pursuant to this article in any employment agency shall be
open at all reasonable hours to the inspection oi the mayor or commis
sioner of licenses, and to any duly authorized agent or inspector of such
mayor or commissioner.
Fees to be Sec. 185. 1. The gross fees of licensed persons charged to appli
charged.
cants for employm ent as lumbermen, agricultural hands, coachmen,
grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrubwomen,
laundresses, maids, nurses (except professionals) and all domestics and
servants, unskilled workers and general laborers, shall not in any case
exceed ten per centum of the first month’s wages, and for all other appli
cants for employment, shall not exceed the amount of the first w eek’s
LABOB L A W S -----N E W Y O K K — A C T S OF 1910.
1107
wages or salary unless the period of employment is for at least one
year, and at a yearly salary, and in that event the gross fee charged shall
not exceed five per centum of the first year’s salary, except when the
employm ent or engagement is of a temporary nature, not to exceed in
any single contract one month, then the fee shall not exceed ten per
centum of the salary paid.
2. The gross fees of licensed persons charged to applicants for theatri
cal engagements b y one or more such licensed persons, individually, or
collectively procuring such engagements, except vaudeville or circus
engagements, shall not in any case exceed the gross amount of five per
centum of the wages or salary of the engagement when the engagement
is less than ten weeks; and an amount of five per centum of the salary
or wages per week for ten weeks of a season’s engagement constituting
ten weeks or more. The gross fees charged b y such licensed persons
to applicants for vaudeville or circus engagements b y one or more such
licensed persons, individually or collectively, procuring such engage
ment, shall not in any case exceed five per centum oi the salary or
wages paid. The gross fees for a theatrical engagement, except an
emergency engagement, shall be due and payable at the end o f each
week of tne engagement, and shall be based on the amount of compen
sation actually received for such engagement, except when such engage
ment is unfulfilled through any act within the control of the applicant
for such engagement.
.
3 . A licensed person conducting any employment agency under this Dividing fees.
article shall not receive or accept any valuable thing or gift as a fee or
in lieu thereof. No such licensed person shall divide or share, either
directly or indirectly, the fees herein allowed, with contractors, sub
contractors, employers or their agents, foremen or any one in . their
employ, or if the contractors, subcontractors or employers be a corpora
tion, any of the officers, directors or employees oi the same to whom
applicants for employm ent or theatrical engagements are sent.
4. A ny person violating the provisions of this section shall be deemed Violations.
guilty of a misdemeanor and upon conviction of any licensed person
for any violation thereof shall be subject to a fine of not less than
twenty-five dollars and not more than two hundred and fifty dollars,
or imprisonment for not more than one year, or both, at the discretion
of the court, and the mayor or commissioner of licenses shall forthwith
cancel and revoke the license of such person.
Sec. 186. 1. In case a person applying for help or employment of a Return of fee.
domestic or commercial employment agency shall not accept help or
obtain employm ent through such agency, then the licensed person
conducting such agency shall on demand repay the full amount of the
said fee, allowing three days’ time to determine the fact of the appli
cant’s failure to obtain help or employment. If an employee fur
nished fails to remain one week in the situation, a new employee shall
be furnished to the applicant for help if he so elects, or three-fifths of
the fee returned, within four days of demand; provided said applicant
for help notifies said licensed person within thirty days of the failure
of the applicant to accept the position or of the applicant’s discharge
for cause. If the employee is discharged within one week without said
em ployee’s fault another position shall be furnished, or three-fifths of
the fee returned to the applicant for employment if he so elects.
Failure of said applicant for help to notify said licensed person that
such has been obtained through means otner than said agency shall
entitle said licensed person to retain or collect three-fifths of the said
fee.
2. No such licensed person shall send out any applicant for em ploy Orders to be
ment without having obtained, either orally or in writing, a bona fide bona fide.
order therefor, and if it shall appear that no employment of the kind
applied for existed at the place to which said applicant was directed,
tne said licensed person shall refund to such applicant within three
days of demand any sums paid b y said applicant for transportation in
going to and returning from said place, and all fees paid b y said appli
cant.
Sec. 187. It shall be the duty of every such licensed person conduct Receipts.
ing an employment agency to give to every applicant for employment
from whom a fee shall be received a receipt m which shall be stated,
the name of said applicant, the date and amount of the fee, and the pur-
1108
B U L L E T IN
op
t h e
bu reau
of
labor
.
pose for which it was paid, and to every applicant for help a receipt
stating the name and address of said applicant, the date and amount
of the fee, and the kind of help to be provided. Every such receipt,
excepting those given b y theatrical employm ent agencies, shall have
printed on the back thereof a copy of sections one hundred and eightyfive, one hundred and eighty-six, one hundred and eighty-seven, m
the English language and in any language which the person to whom
the receipt is issued can understand.
Sec. 188. Every licensed person shall post in a conspicuous place in
L aw to be
posted.
each room of such agency sections one hundred and seventy-eight, one
hundred and eighty, one hundred and eighty-one, one hundred and
eighty-two, one hundred and eighty-three, one hundred and eightyfive, one hundred and eighty-six, one hundred and eighty-seven and
one hundred and eighty-nine, of this article, which shall be printed in
large type in languages in which persons commonly doing business
with such office can understand. Such printed law shall also contain
the name and address of the officer charged with the enforcement of this
article in such city.
False
state Sec. 189. No licensed person conducting any employment agency
ments.
shall publish or cause to be published any false or fraudulent or mis
leading information, representation, notice or advertisement; all adver
tisements of such employment agency b y means of cards, circulars, or
signs and in newspapers and other publications, and all letter heads,
receipts and blanks snail be printed and contain the licensed name and
address of such employment agent and the word agency, and no licensed
person shall give any false information, or make any false promise or
false representation concerning an engagement or employment to any
applicant who shall register or apply for an engagement or employ
ment or help.
Acts prohib- Sec. 190. No licensed person conducting an employm ent agency
ted.
shall send or cause to be sent any female as a servant, employee, inmate,
entertainer or performer, or any male as an em ployee or entertainer to
any place of bad repute, house of ill fame, or assignation house, or to
any house or place of amusement kept for immoral purposes, or place
resorted to for the purposes of prostitution, or gambling house, the
character of which such licensed person could have ascertained upon
reasonable inquiry. No licensed person shall send out any female
applicant for employment, without making a reasonable effort to inves
tigate the character of the employer. Nor shall any such licensed
person send any female as an entertainer or performer to any place
where such female w ill be required or permitted to sell, offer for sale
or solicit the sale of intoxicating liquors to those present or assembled
as an audience or otherwise in such place or in any rooms or building
adjacent thereto. No licensed person shall knowingly permit any per
sons of bad character, prostitutes, gamblers, intoxicated persons or pro
curers to frequent such agency. No licensed person shall accept any
application for employment made b y or on behalf of any child or shall
place or assist in placing any such child in any employm ent whatever
m violation of article twenty of the education law, relating to com pul
sory education, and in violation of the labor law. No licensed per
son, his agents, servants or employees shall induce or com pel any per
son to enter such agency for any purpose, b y the use of force or b y taking
forcible possession of said person’s property. No person shall procure
or offer to procure help or employment in rooms or on premises where
intoxicating liquors are sold to be consumed on the premises whether
or not dues or a fee or privilege are exacted, charged or received directly
or indirectly, except m office buildings in which are located cafes ana
restaurants. For the violation of any of the foregoing provisions of
Penalty.
this section the penalties shall be a fine of not less than twenty-five
dollars, and not more than two hundred and fifty dollars, or imprison
ment for a period of not more than one year, or both, at the discretion of
the court.
Enforcement.
Sec. 191. 1. In cities of the second and third class and in cities of
the first class having a population of less than three hundred thousand,
this article, so far as it relates to such cities, shall be enforced b y the
mayor or an officer appointed b v him.
2. In cities of the first class having a population of three hundred
thousand or more the enforcement of this article so far as it relates to
LABOR LAW S— N E W Y O R K — ACTS OF 1910.
1109
such cities shall be intrusted to a commissioner to be known as a com
missioner of licenses, who shall be appointed by the mayor, and whose
salary, together with those of a deputy commissioner, and inspectors
to be appointed b y him, shall be fixed b y the board of estimate and
apportionment. Said commissioner of licenses and deputy commis
sioner shall have no other occupation or business. The commissioner
of licenses shall appoint inspectors, who shall make at least bimonthly
visits to every sucn agency. Said inspectors shall have suitable badges
w hich they shall exhibit on demand of any person with whom they
may have official business. Such inspectors shall see that all the pro
visions of this article, so far as it relates to such cities, are complied
with, and shall have no other occupation or business.
3. Complaints against any such licensed person shall be made orally
or in writing to the mayor or commissioner of licenses, or be sent in in
affidavit form without appearing in person, and reasonable notice there
of, not less than one day, shall be given in writing to said licensed per
son b y serving upon the licensed person either personally or b y leaving
the same with the person in charge of his office, a concise statement of
the facts constituting the complaint, and a hearing pursuant to the
powers granted to the mayor or commissioner of licenses as provided in
section one hundred and seventy-four shall be had before the mayor or
commissioner of licenses within one week from the date of the filing
o f the complaint and no adjournment shall be taken for a period longer
than one week. A daily calendar of all hearings shall be kept b y the
mayor or commissioner of licenses and shall be posted in a conspicuous
lace in his public office for at least one day before the date of such
earings. The mayor or commissioner of licenses shall render his
decision within eight days from the time the matter is finally submitted
to him. Said mayor or commissioner of licenses shall keep a record
of all such complaints and hearings. The said mayor or commissioner
of licenses may refuse to issue and shall revoke any license for any good
cause shown, within the meaning and purpose of this article and when
it is shown to the satisfaction of the mayor or commissioner of licenses
that any licensed person is guilty of any immoral, fraudulent or illegal
conduct in connection with the conduct of said business, it shall be tne
duty of the mayor or the commissioner of licenses to revoke the license
of such person; but notice of the charges shall be presented and reason
able opportunity shall be given said licensed person to defend himself.
Whenever said mayor or commissioner of licenses shall refuse to issue
or shall revoke the license of an employment agency, said determina
tion may be reviewed b y certiorari. Whenever for any cause such
license is revoked, said mayor or commissioner of licenses shall not
issue another license to said licensed person or his representative or to
any person with whom he is to be associated in the business of furnish
ing employment, help or engagements. In the absence of the com
missioner of licenses, the deputy commissioner of licenses may conduct
hearings and act upon applications for licenses, and revoke such licenses.
Sec. 192. The violation of any provision of this article except as Violations.
otherwise provided in this article shall be punishable b y a fine not
to exceed twenty-five dollars, and any city magistrate, police justice,
justice of the peace,* or any inferior magistrate having original jurisdic
tion in criminal cases, shall have power to impose said fine, and in
default of payment thereof to commit the person so offending for a
period not exceeding thirty days. The said mayor or commissioner of
licenses or any person, his agent or attorney, aggrieved because of the
violations of this article shall institute criminal proceedings for its
enforcement before any court of competent jurisdiction.
S ec . 2. The amendment of article eleven of the general business law Effect of sfat*
b y this act shall not affect the licenses issued pursuant to such article1
prior to the taking effect of this act until the expiration of such licenses
or unless such licenses are terminated as provided herein. Such
amendment shall not affect the tenure of office of the commissioner of
licenses, the deputy commissioner of licenses or of inspectors, or of the
employees to wnom the enforcement of such law relative to employ
ment agencies is now intrusted, or any action, or cause of action, arising
from the provisions of article eleven of the general business law.
Became a law June 25,1910.
g
1110
B U L L E T IN
OP T H E
BUBEAU
OF LABOH.
OHIO.
ACTS OF 1910.
Mine regulations.
1. Sections 898
(Page 52.)
* * * [to] 978 of the General Code [shall]
be amended so as to read as follows:
Chief inspector.
Section 898. Upon the expiration of the present term of the chief
inspector of mines, the governor, with the advice and consent of the
senate, shall appoint a chief inspector of mines, who shall hold his
office for a term of four years from the date of his appointment and until
his successor is appointed and qualified.
Qualifications.
Sec. 899. No person shall be appointed chief inspector of mines unless
he has a competent knowledge, in so far as such sciences relate to min
ing, of chemistry, the mineralogy and geology of this State, a practical
knowledge of the different systems of working and ventilating mines,
the nature and properties of the noxious and poisonous gases in mines,
particularly fire damp, the best means of preventing the accumulation
of such gases, and the best means of removing the same. He shall also
have had at least five years’ actual practical experience in mining in
this State, shall have a knowledge o f mine engineering, and shall have
a, practical knowledge of the uses and dangers of electricity as applied
at, in, and around mines.
D i s t r i c t inSec. 900. The chief inspector of mines, with the approval of the gov
spectors.
ernor, shall appoint twelve district inspectors of mines, each of whom
shall hold his office for a term of three years from the date of appoint
ment and until his successor is appointed and qualified.
Qualifications.
Sec. 901. No person shall be appointed district inspector of mines
unless he has been a resident of the district for which ne is appointed,
for at least two years, has had at least five years’ actual practical
experience in mining in this State, has a practical knowledge of the
best methods of working and ventilating mines, of the nature and p r o p
erties of noxious and poisonous gases, particularly fire damp, of the
best means of detecting the presence of and preventing accumulations
of such gases and the best means of removing the same, and has a prac
tical knowledge of the uses and dangers of electricity as applied at, in,
and around mines.
To give whole Sec. 902. The chief inspector of mines, and each district inspector of
tune.
mines, shall give his whole time and attention to the duties of His office.
While in office he shall not be financially interested in any mine, or
under obligations to any person or persons interested in the operation,
management or working of any mine in the State, in any manner that
may tend to influence him in the faithful and impartial discharge of his
duties.
Bends.
Sec. 903. Before entering upon the discharge of the duties of his office,
the chief inspector of mines, and each district inspector of mines, shall
give a bond to the State, the former in the sum of five thousand dollars,
and the latter in the sum of two thousand dollars, with two or more
sureties approved b y the governor, conditioned for the faithful dis
charge of the duties of his office. Such bond, with the approval of the
governor and the oath of office indorsed thereon, shall be deposited with
the secretary of state and kept in his office.
Offices.
Sec. 904. The chief inspector of mines shall have an office in the state
house, in which he shall keep the maps and plans of all mines in the
Records to be State, and all records, correspondence, papers, apparatus, and other
°Pen*
property belonging to the State, pertaining to his office, in accessible
ana convenient form for reference b y persons entitled to examine them,
all of which he shall deliver to his successor in office. The persons
entitled to examine maps, plans, records and papers of a mine, snail be
the owner, lessee or agent of such mine; the persons financially inter
ested in such mine; tlie owner, or owners, of land adjoining such mine;
the owner, or owners, of land adjacent to such mine; the owner, lessee
or agent of a mine adjacent to such mine; and the authorized repre
sentatives of the employees of such mine. The chief inspector of mines
shall not permit such maps, plans, records and papers to be removed
S e c t io n
LABOR LAW S— OHIO— ACTS OF 1910.
1111
from his office, and shall not furnish copies thereof to any persons,
except b y request of the owner, lessee or agent of the mine to which
such maps, plans, records and papers pertain. Each district inspector
shall keep his office in such place in his district as is central ana con
venient.
Sec. 905. The present incumbents of the office of district inspector of Salaries and ex
mines shall receive a salary of twelve hundred dollars per annum, b u tpenses*
any district inspector of mines appointed after the passage and approval
of this act shall receive a salary o f eighteen hundred dollars per annum.
The present incumbent of the office of chief inspector of mines shall
receive the salary as provided for in section 2250 of the General Code,
but any chief inspector of mines appointed after the passage and approval
of this act shall receive a salary of three thousand dollars per annum.
The chief inspector of mines, and each district inspector of mines, shall
receive, in addition to the salaries herein provided for, all necessary
and legitimate expenses incurred b y them in the discharge of their
duties, to be approved b y the chief inspector of mines, itemized state
ments of which expenses shall be filed with the auditor of state. Pro
vided, however, That any public officer who knowingly accepts any pay
ment from any mine inspector for political purposes shall forefeit his
office, and any person who accepts any contribution of money or anything
of value from any mine inspector for use in any political campaign,
or for any campaign purpose, shall be guilty of a misdemeanor.
Sec. 906. Tne chief inspector of mines shall designate the counties, Duties of chic/
or portions thereof, which shall compose the different districts, and lnsPector’
may change such districts whenever in his judgment the best interests
of the service so require. He shall issue such instructions, and make
such rules and regulations for the government of the district inspectors
of mines consistent with the powers and duties vested in them b y law,
as w ill secure uniformity of action and proceedings throughout all the
districts. The chief inspector of mines may order one district inspector
of mines to the assistance of any other, or may make temporary transfers
of district inspectors of mines, when, in his judgment, the efficiency
of the service demands or permits, and with the consent of the governor,
may remove any district inspector of mines for reasonable cause. The
chief inspector of mines shall give such personal assistance to the dis
trict inspectors of mines as they may need, and make such personal
inspection of the mines as he deems necessary and his other duties
permit. H e shall keep in his office and carefully preserve all maps,
surveys, reports and other papers, required b y law to be filed with him,
and arrange and preserve them as a permanent record of ready, conven
ient and connected reference. He shall, upon receipt of a report of
the district inspector of mines, or of a committee of miners, covering
the conditions of a mine, promptly mail a copy thereof to the general
office of the owner, lessee or agent of such mine.
Sec. 907. Upon receiving notice from the owner, lessee or agent that Fatal accidents,
a fatal accident has occurred at a mine, the chief inspector of mines
shall go, or order one of the district inspectors of mines to go, at once,
to the mine at which such accident occurred, inquire into its cause, and
make a written report setting forth fully the condition of that part of
the mine wherein the accident occurred, and the cause thereof. Such
report shall be filed b y the chief inspector of mines in his office, and a
copy mailed to the general office of the owner, lessee or agent of such
mine.
Sec. 908. The chief inspector of mines shall com pile and consolidate Annual report,
the reports of the district inspectors of mines, and make a report each
year to the governor of all his proceedings, as well as those of the district
inspectors of mines; the condition and operation of the different mines
of the State; the number of mines and the number of persons em ployed
in and about them, and the amount of coal mined in this State. He
shall also include in the report, such facts relative to the mineral
resources of the State, and the development thereof, as, in his judgment,
may be of public interest. He shall enumerate all accidents in and
about mines, the manner in which they occurred, give such other
information as he thinks useful and proper, and make such suggestions
as he deems important relative to mines and mining, and to any legis
lation necessary for the better preservation of the life and health of
those engaged m such industry.
1112
B U L L E T IN
OF T H E
BUREAU
OF L A B O R .
Duties of dis- Sec. 909. Each district inspector of mines shall examine each mine
triet inspectors; j n
district, in w hich men are em ployed, as often as practicable,
and mines em ploying more than ten persons, at intervals not exceeding
three months between examinations, noting particularly the condition
of the boilers and machinery, the location ana condition of the buildings,
the condition of the workings of the mine, the condition of the traveling
and haulways, the circulation and condition of the air and the drainage,
and shall see that the provisions of this act are com plied with. Upon
the com pletion of the examination of a m ine he shall, within a reason
able time thereafter, report in writing to the chief inspector of mines,
the conditions of the mine, showing the extent to which the provisions
of this act are com plied with or violated,
Weights and Sec. 910. The district inspectors of mines are hereby vested with all
measures.
the powers and authority of county auditors as sealers of weights and
measures in the different counties of this State, but shall exercise such
authority in connection with weights and measures at mines? only.
Each district inspector of mines may upon his regular examination
of a mine, and shall, upon the written request of the du ly authorized
representatives of the miners, the owner, lessee, or agent, or the inter
ested land owner, test the accuracy of the scales at any time, and post in
the weigh-house a certificate provided b y the chief inspector of mines,
certifying the condition of the scales: Provided, That such tests b e
made at a reasonable time without unnecessary interference with the
use of such scales.
Disagreements, in case of a controversy or disagreement between the district inspector
of mines, and the owner, lessee or agent of a mine, or persons working
therein, or in case of emergency requiring counsel, the district inspector
of mines may call upon the chief inspector of mines for such assistance
and counsel as is necessary.
Enforcement of Sec. 911. Each inspector shall exercise discretion in the enforcement
statute.
of the provisions of this act. If he finds that any matter, thing or
practice, connected with any mine, and not prohibited b y law, is
dangerous or defective, (or that from a rigid enforcement of any of
the express provisions of this act, such matter, thing or practice would
becom e dangerous or defective), so as in his opinion to tend to £ne bodily
injury of any person, such inspector shall give notice in writing to the
owner, lessee, or agent of the mine, of the particulars in which such
mine or any matter, thing, or practice connected therewith is dangerous
or defective, and require it to be remedied b y making such changes
as tbe conditions may require. Provided, however, That in the exercise
of tbe foregoing provisions relating to the application of electricity or
electric wires, the judgment of the chief inspector of mines and the
district inspector of mines, jointly, shall b e required,
Access
to Sec. 912. For the purpose of making the examinations provided for in
mines.
this act, the chief inspector of mines, and each district inspector of
mines, may enter any mine at reasonable times, b y day or night, bu t in
such manner as w ill not unnecessarily im pede the working o f the mine,
and the owner, lessee or agent thereof shall furnish the means necessary
for such entry and examination.
Mi n o r
em- The district inspector of mines shall examine the record kept b y the
ployees.
mine foreman, of boys under sixteen years of age em ployed in each
mine, and report to the chief inspector of mines, the number of such
persons em ployed in and about each mine, and enforce the provisions
of this act relative to their employment.
W e e k l y re " Sec. 913. On or before each Monday, each district inspector of mines
ports.
shall make and file in the office of the chief inspector of mines, a record
showing the number of mines in the district examined b y him during
the preceding week, the number of persons em ployed m and about
such mines, the date of each examination, condition of each mine
examined, whether the laws relating to mines and mining are being
observed or violated, and, if violated, the nature and extent of suen
violations, progress made in safeguarding the lives and protecting the
health of the employees in and about the mines, number of fatal acci
dents in and about the mines, together with such other facts of public
interest concerning the condition of mines, and the developm ent and
progress in mining, as he deems proper.
LABOB LAW S— OHIO— ACTS OF 1910,
1113
Sec. 914. The chief inspector of mines, upon receiving notice from Oil and gas
a person, firm or corporation of the intention to drill an oil or gas w e llweIls*
which w ill likely penetrate a workable seam of coal, shall make a record
thereof, and if such well is to be drilled so as to com ply with the pro
visions of this act relating thereto, he shall give his permission to the
parties to proceed. He shall keep on file in his office all the papers and
maps pertaining to oil and gas wells, and see that the provisions relating
to tne drilling, operating and abandonment of such wells are complied
with.
Each district inspector of mines shall carry out the instructions of
the chief inspector of mines with reference to the enforcement of the
regulations provided for in this act relating to the drilling, operating
and abandonment of oil and gas wells, and shall see that the regulations
relating thereto are complied with in his respective district.
Sec. 915. The chief ‘Inspector of mines shall provide and maintain, Rescue appaat the expense of the State, such safety appliances, instruments and ratus*
chem ical tests, as in his judgment may be required to facilitate the
efficient inspection of mines and safely conduct rescue work in emer
gencies, but not less than six approved oxygen helmets complete, one
recharging equipm ent for recharging oxygen tanks, two extra oxygen
tanks, one resuscitation outfit complete, twenty approved safety lamps,
one naphtha tank, twenty portable electric lamps complete with
storage batteries, and all necessary instruments and chemical tests,
together with all necessary repairs and supplies, therefor.
Sec. 916. If the appliances of a mine for the safety of the persons injunctions,
working therein do not conform to the provisions of this act, or if the
owner, lessee or agent disregards the requirements thereof, on appli
cation b y the chief inspector of mines in the name of the State, any
court of competent jurisdiction may enjoin or restrain the owner, lessee
or agent from operating such mine, until it is made to conform to the
provisions of this act. Such remedy shall be cumulative, and shall
not affect any other proceedings authorized b y law against such owner,
lessee or agent for the matter complained of in the action.
Sec. 917. Upon the refusal or neglect of the owner, lessee or agent Failure to furof a mine to make and file a map, or any addition thereto, within sixty msh map#
days after being directed to do so b y the chief inspector of mines, as
provided for in this act, the chief inspector of mines may cause such
map or addition thereto to be made in duplicate at the expense of such
owner, lessee or agent, the cost of which shall be recoverable against
such owner, lessee or agent, in the name of the chief inspector of mines
in any court of competent jurisdiction in the county in which such
mine is located, or in Franklin County.
Sec. 918. When written charges of neglect of duty, incom petency, Complaints
or malfeasance in office against any district inspector of mines, are made * 1nsst in "
and filed with the chief inspector of mines, signed b y not less thansp or ’
fifteen employees, or an owner, lessee or agent of a mine, the chief
inspector of mines shall promptly investigate such charges, and advise
in writing, addressed to the complainant whose name appears first in
the charges, the result of such investigation.
When written charges of neglect of duty, incom petency or mal
feasance in office against the chief inspector of mines, are made and
filed with the governor, signed b y not less than fifteen employees, or
the owner, lessee or agent of a mine, or if not less than fifteen employees,
or the owner, lessee or agent of a mine, having filed charges against a
district inspector of mines with the chief inspector of mines, are dis
satisfied with the result of the investigation made b y him, and appeal
to the governor b y filing the same charges against such district inspector
of mines with the governor, he shall make, or cause to be made, an
investigation of such charges, and advise in writing, addressed to the
complainant whose name appears first in the charges, the result of
such investigation.
Sec. 919. After such appeal from the decision of the chief inspector Appeals
of mines, or after charges have been filed against the chief inspector
of mines with the governor, and the result of the investigation made
b y him, or at his instance, is unsatisfactory to the complainant, and
notice thereof is given to the governor in writing b y said complainant,
accompanied with a bond in the sum of five hundred dollars, payable
1114
B U L L E T IN
OF T H E
BUREAU
OF LABO R.
to the State, conditioned for the payment of all costs and expenses of
the investigation of such charges, in the event such charges are not
sustained, and signed b y two or more responsible freeholders, the
Boards of ex- governor shall convene a board of examiners, consisting of two pracammers.
tical miners, one chemist, one mining engineer, and one mine operator,
at such time and place as he directs, giving ten days’ notice thereof to
the inspector against whom the charges are made, and also to the person
whose name appears first in the charges.
When so convened, and being duly sworn truly to try and decide
the charges made, the board of examiners shall summon any witnesses
desired b y either party, and examine them, on oath, administered
b y a member of the board. Depositions may be read on such exam
ination as in other cases. The board shall examine fully into the truth
of such charges and report the result of its investigation to the governor;
and, according to its finding, award the costs and expenses of such
investigation against the inspector or the persons signing the bond.
The costs and expenses of such investigation shall include a compen
sation of five dollars per day for each member of the board, for the time
occupied in the trial, and in traveling to and from his home, together
with all legitimate expenses which shall be paid from the state treasury
on the certificate of the president of such board. The attorney-general
shall proceed to collect such costs and expenses, and pay them into the
state treasury.
Existing offices. Sec. 920. No change herein made in the name of an office existing
when this act takes effect shall create a new office. The incumbents
of offices when this act takes effect, the duties of which are herein de
fined, or the filling of which is herein provided for, shall hold their
respective offices for the full term for which they were severally elected
cr appointed, the same as if this act had not been passed.
Abandoned
Sec. 921. The recorder of the county, when presented with a map of
mmes*
an abandoned mine, b y the owner, lessee or agent thereof, as provided
for in this act, shall properly label, file and preserve the same as a part
of the records of the land upon which said m ine is located,
i AdCi(fhltS caus" Upon receiving notice of a death occurring at a mine, as provided
mg deatn.
for j n ^ j g ac^ the coroner shall hold an inquest forthwith upon the
body of such person, inquire carefully into the cause of* his death,
and within ten days after such inquest, return a copy of his findings,
with a description of the body, and all the testimony before him, to
the chief inspector of mines. Upon request of the owner, lessee or
agent of the mine where such person was employed, shall furnish a
copy thereof to such owner, lessee or agent, for which such coroner
shall be entitled to a fee of ten cents per legal cap page, but in no case
more than five dollars for any one inquest, for copy furnished owner
or lessee.
Ventilation.
Sec. 922. The owner, lessee or agent of a mine, shall provide and
maintain the necessary artificial means of capacity and power capable
of supplying the required ventilation, and shall maintain a sufficient
volum e of air, not less per minute than one hundred and fifty cubic
feet for each person, and five hundred cubic feet for each animal work
ing therein, measured at the intake, and distributed so as to expel or
dilute and render harmless, explosive, poisonous and noxious gases.
The owner, lessee or agent of a mine generating fire damp, so as to
be detected b y a safety lamp, shall, in addition to the foregoing, pro
vide and maintain not less than fifty cubic feet of air per minute for each
person working therein.
doors t 0 ma t i C
Sec. 923. In each mine, the doors used in assisting or directing the
ventilation thereof, shall be hung so that they will close themselves,
and shall be kept closed except while persons or cars are passing through
same. Each door, not operated automatically, through which cars
are required to pass, shall have an attendant, whose first duty shall be
to open it for transportation, and prevent it from standing open longer
than necessary for cars to pass through, and, persons in charge of cars
passing through automatic doors shall be required to keep a close watch
over such doors, and if any such door fails to close, they shall promptly
close same and report such fact to the mine foreman. This shall not
prevent the attendant from performing other duties, provided the door
is not kept open longer than is necessary for cars to pass through.
LABOR LAW S— OHIO— ACTS OF 1910.
1115
Where necessary, a refuge place shall be provided at each door for the
safety of the attendant.
Sec. 924. A t each mine where the ventilation is not continuous, it pases to be
shall b e started a sufficient length of time prior to the appointed time dnven oufc*
for any person, or persons, working therein to enter, to clear the mine
of explosive, poisonous and noxious gases, and shall be kept in opera
tion a sufficient length of time after the appointed time for such em
ployees to leave their working places, for all persons to be out of the mine.
A t each mine generating fire damp so as to be detected b y a safety
Pressure
lamp, and wherein twenty or more persons are employed, a recording gauges,
pressure gauge for the purpose of recording the pressure or vacuum of
the main air current shall be provided and maintained, which shall
be kept in constant use, and records preserved for ninety days, subject
to the inspection of the chief inspector of mines and the district inspector
of mines.
Sec. 9 2 5 . The owner, lessee or agent of a mine generating fire damp Fire boss,
so as to be detected b y a safety lamp, shall designate a competent
person or persons as fire boss or fire bosses, who shall make a thorough
examination of each working place in the mine every morning with a
standard safety lamp, not more than three hours prior to the appointed
time for the employees to enter the mine. As evidence of suen exami
nation, the fire boss shall mark with chalk upon the face of the coal,
or in some other conspicuous place, his initials and date of the month
upon which the examination is made. If there is any standing gas
discovered, he must leave a danger signal across every entrance to such
place.
Each mine generating fire damp so as to be detected b y a safety
lamp, shall be kept free from standing gas. A ll traveling ways, en
trances to old workings, and places not m the actual course of working,
shall be carefully examined with a safety lamp b y the fire boss not
more than three hours before the appointed time for persons employed
therein to enter. Parts of the mine not in the actual course of working
and available, shall be examined not less than once each three days,
and shall be so fenced as to prevent persons from inadvertently entering
therein.
Sec. 926. From a point where the seam is reached in the opening of Break througbs
a mine, to a point not exceedng a distance of four hundred feet there-and brattices*
from, break throughs shall be made between main entries, where there
are no rooms worked, not more than one hundred feet apart: Provided,
Such entries are not advanced beyond the point where the break
through will be made until the break through is complete. Break
throughs between entries, except as hereinbefore provided, shall be
made not exceeding sixty feet apart. Where there is a solid block on
one side of a room, break throughs shall be made between such room
and the adjacent room not to exceed sixty feet apart; where there is a
breast or group of rooms, a break through shall be made on one side or
the other of each room, except the room adjoining said block, not to
exceed forty feet from the outside com er of the break through to the
nearest corner of the entrance to the room, and on the opposite side of
the same room a break through shall be made, not to exceed eighty
feet from the outside com er o f the break through to the nearest com er
of the entrance to the room, and thereafter break throughs shall be made
not to exceed eighty feet apart on each side of the room. No working
place, except those provided for within a distance of four hundred feet
of the principal openings of a mine, shall be driven more than eighty
feet in advance of a break through or air way. The required air cur
rent shall be conducted to the break through nearest the face of such
entry or room. A il break throughs between entries, and when neces
sary between rooms, except the one nearest the working face, shall be
closed and made air-tight b y brattice, trap doors or other means, so
that the current of air in circulation may sweep to the interior of the
mine. Brattices between permanent inlet and outlet air ways shall
be constructed in a substantial manner of brick, masonry, concrete,
or nonperishable material. In mines generating fire damp, So as to be
detected by a safety lamp, the air current shall be conducted b y brat
tice, or other means, near enough to the working face to expel the fire
damp, and prevent an accumulation of the same.
im
BULLETIN" OF TH E BUBEAU OF LABOB.
Hoists.
Sec. 927. The owner, lessee or agent of a mine shall provide and
maintain safe appliances, approved b y the district inspector of mines,
for the ingress and egress oi persons in each shaft, designated b y sucn
owner, lessee or agent as a means of ingress and egress for persons em
ployed therein. When there is but one shaft available for ingress and
egress from any unavoidable cause, the appliances therein shall be
kept available to persons therein em ployed at all times. When such
appliances in any shaft are rendered unavailable from any cause, the
same shall be restored without delay.
When the only means of egress is b y vertical shaft, in which cages
or elevators are used as a means of hoisting persons therein employed,
and the power for operating same is derived from but one source, the
owner, lessee or agent shall provide and keep on hand for use in the
event of an accident to the hoisting apparatus or the power b y which
same is operated, a suitable windlass, capable of hoisting the persons
from the mine.
The owner, lessee or agent of a mine worked b y a shaft or slope, shall
put in charge of an engine used for lowering into or hoisting out of such
mine persons em ployed therein, only experienced, competent and
sober engineers.
Speaking tubes. Sec. 928. The owner, lessee or agent of a mine operated b y shaft,
shall provide and maintain a metal tube suitable for conversation be
tween persons, connecting the engine room with the top and bottom of
such shaft; an approved safety catch, a sufficient cover, and rings or
other adequate nand-holds for ten persons, on all cages used for lower
Safety cages. ing and hoisting persons: Such cages to be protected on each side b y
a boiler plate not less than one-fourth inch in thickness, and not less
than three feet high, and shall provide an approved safety gate at the
top of each shaft, an adequate brake to control the drum used for lower
ing or hoisting persons in shafts or slopes, and an indicator on all ma
chines used for such purpose, to show the location of cages in shaft or
slope. No cage having an unstable or self-dumping platform shall be
used for the carriage of persons unless such platform is securely locked.
Lowering and Sec. 929. The owner, lessee or agent of a mine, at which the only
hoisting
work means of ingress and egress for the persons em ployed therein is b y a
men.
vertical shaft, or shafts, of one hundred feet or more in depth, shall des
ignate one or more persons whose duty shall be to attend to the lower
ing and hoisting of persons into and out of such mine, and give and
receive the proper signals, governing the movement of the cage while
engaged in handling men. Not more than ten persons shall be lowered
or hoisted at any one time. The lowering o f persons shall begin in
time for persons to reach their working places b y hour appointed for
mine to commence work and continue until starting time. Hoisting
of persons shall commence at time for mine to cease work, and continue
until all have had time to be hoisted. Persons may be hoisted at such
other times as w ill not interfere with the hoisting of coal, or other
products. No person shall be lowered into or hoisted out of a mine,
with powder, explosives, tools or material on any cage, in the same
shaft, and no person shall be lowered or hoisted in a vertical shaft in a
mine car. When the vertical shaft is less than one hundred feet in
depth, and a stairway approved b y the district inspector of mines is
not provided, the owner, lessee or agent shall be required to lower or
hoist persons, as above prescribed, but when such stairway is provided,
the hoisting of persons shall not b e required.
Escape shafts.
Sec. 930. The owner, lessee or agent of a mine shall not em ploy or
permit any person to work therein except as hereinafter provided,
unless to every seam worked in such mine there are at least two open
ings, separated b y natural strata of not less than one hundred feet in
breadth at any point, b y which distinct means of ingress and egress
are always available to the persons therein employed. Such openings
need not belong to the same mine so long as the persons employee!
therein have safe, ready and available means of ingress and egress, b y
not less than two openings: Provided, however, That no air shaft with a
ventilating furnace at the bottom be designated or used as a means of
ingress or egress. The provisions of this section shall not apply to
opening a new mine while being worked for the purpose of making the
second opening and the communication therewith, and the making of
LABOR LAW S-----OHIO— ACTS O F
1910.
1117
the landing or bottom and extending of the main entries one hundred
feet while such communication is being made; to a mine in which the
seeond opening has becom e unavailable from any cause while said
second opening is being restored or another is being made; nor to a
mine in which the second opening has becom e unavailable b y reason
of the final robbing of the pillars previous to abandonment, so long as
not more than twenty persons in either case are employed therein at
one time.
A t each mine at which the only means of egress is by' vertical shaft,
the owner, lessee or agent shall provide adequate fire protection to
secure the safety of such shaft, or shafts, and, when but one shaft is the
only available means of egress, shall keep in attendance a competent
person at all times while persons are inside of such mine.
Sec. 9 3 1 . The owner, lessee or agent of a mine shall provide and main- Traveling wayr.
tain, in safe condition for the purpose provided, two separate and dis
tinct traveling ways from the interior workings of the mine, each of
which shall be available to not less than one opening to the surface.
One of such traveling ways may be designated b y such owner, lessee
or agent as the principal traveling way. One of such traveling ways
may be designated as the escapement way. The provisions of this sec
tion shall not prohibit such owner, lessee or agent from designating
more than one principal traveling way, or more than one escapement
way, so long as the provisions hereof are com plied with.
The owner, lessee or agent of a mine worked b y shaft, shall provide
and keep free from obstruction, a traveling or passage way from one side
of the shaft bottom to the other, Slopes and mechanical haulage ways
used as traveling ways b y persons employed in a mine shall be made
of a sufficient width to give not less than three feet of space between
the rib and adjacent rail of track to permit persons to pass moving cars
with safety. If found impracticable to make such slopes or mechanical
haulage ways of sufficient width as provided, refuge holes not less than
six feet in width and clearing the adjacent rail of the track not less than
four feet, and not more than sixty feet apart, shall be made on one side
of the slope or mechanical haulage way and whitewashed. The
refuge holes shall be kept free from obstruction, and the roof and sides
made secure.
Sec. 932. A t a mine, or in any part thereof, where a locomotive is Switches,
detached from a moving train of cars for the purpose of dropping such
cars past the locomotive, and the haulage way at such point is desig
nated as the principal traveling way, a traveling way, not less than
three feet wide and separated from the track b y a pillar of coal or sub
stantial fence, shall be provided at one side of that portion of the track
from where the locomotive will be detached to the switch of the siding.
Such traveling way shall be made on the same side of the track as the
refuge holes. In no case shall a locomotive be detached from a train
of moving cars, for the purpose of making a drop thereof, more than one
hundred feet from the switch of the siding.
A t any mine where there is a stream or bod y of water on the surface,. Escape from
or in the workings of a mine, at a higher level, which is likely to break mundati011*
through into such mine ana inundate either the traveling or escape
ment way of such mine, so as to prevent the egress of persons employed
therein, the owner, lessee or agent, shall, upon the written order of the
chief inspector of mines, provide and maintain an additional opening
b y means of which such persons may escape without using the travel
ing or escapement way likely to be inundated.
Sec. 933. The owner, lessee or agent of a mine shall keep an adequate Timbers,
supply of suitable timber constantly on hand, and deliver to the work
ing place of each miner, the props of approximate length, caps and
other timbers necessary to securely prop the roof thereof: Such props,
caps, and other timbers, shall be delivered in mine cars at point where
the miner receives his empty cars, or unloaded at the entrance to the
room.
Sec. 934. The owner, lessee or agent of a mine, at, in, or around which ac5d°ents0nS 1<>r
more than ten persons are employed, shall keep at the mine in a con
venient place, a stretcher, properly constructed, a woolen blanket,
and a waterproof blanket, in good condition for use in carrying an
injured person: When more than two hundred persons are employed,
two stretchers, two woolen blankets, and two waterproof blankets shall
1118
BULLETIN OF T H E BUBEAU OF LABOB.
be kept. A sufficient quantity of bandages and linen shall be kept on
hand at all mines.
A t mines generating fire damp so as to be detected b y a safety lamp,
a sufficient quantity of olive or linseed oil shall be kept stored, at the
mine, for use in an emergency.
Maps.
Sec. 935. The owner, lessee or agent of a mine having an excavation
of fifteen thousand cubic yards, or more, shall cause to be made, on a
scale of not less than two hundred feet per inch, an accurate map
thereof; which shall show the following: The boundary lines ana
names of the owners of the surface of each tract under which excavation
is made, and for not less than five hundred feet contiguous thereto, and
under which excavations are likely to be made during the ensuing
year, together with all streams and bodies of standing water; the town
ship and county lines coming within the limits of such map, with the
name of each plainly marked close to and parallel with such lines; the
title, the name or number of the mine, or both, the township and county
in which located; the section lines, with the number of each, marked
plainly within the sections; the location of the mine openings, railroad
tracks, public highways, oil and gas wells, magazines and buildings,
and plainly marked with name of each; the location and extent of the
excavations and connection with the surface survey; the direction
of the air current, or air currents b y arrows; the location and extent,
so far as known or obtainable, of the excavation of any other mine or
mines within the limits of the map; the boundary lines of the tracts of
coal owned or leased within the limits of the map; the elevation of the
floor of the excavation, above mean tide at Sandy Hook, at or near the
boundary line or lines of the coal owned or leased where the coal is
adjacent to coal owned b y a person, firm or corporation, other than the
owner or lessee of such mine, and where the excavations of such mine
cease or may be approached b y another mine, at points not exceeding
three hundred feet apart, and referenced to some permanent monument
near the main opening of such mine, and shown on the map and plainly
marked bench mark, with the elevation of same.
Same subject.
Sec. 936. The owner, lessee or agent of a mine shall cause to be made,
a map or an addition to the next previous map thereof, annually, and
semiannually if so directed in writing b y the chief inspector of mines,
showing the excavations and the information required b y the preceding
section, to date of survey. The map, or maps, required b y this ana
the preceding section, and any addition thereto, shall have the certifi
cate of the engineer making same, and of the mine-foreman in charge
of the mine at the time of the survey, acknowledged before a notary
public or justice of the peace, thereon in the following form:
I, the undersigned, hereby certify that this map is correct, and shows
all the information required b y section nine hundred and thirty-five of
the General Code, ana covers the period en d in g ----------------- .
Engineer.
Acknowledged before me a --------------------th is-------day o f --------- , ------I, the undersigned, hereby certify that I am a mine-foreman at the
mine represented b y this map, and to the best of m y knowledge and
belief the same correctly represents the excavations of the mine lor the
period en d in g ----------------- .
Mine-Foreman.
Acknowledged before me a --------------------th is-------day o f --------- , ------ .
Sec. 937. The owner, lessee or agent of a mine, before the pillars are
drawn previous to the abandonment of a mine, or any part thereof,
shall cause to be made a correct map of such mine, or part thereof,
showing its area and workings to the day of the abandonment; the
pillars drawn previous to abandonment; and file such map within
ninety days after the abandonment of such mine, in the office of the
recorder of the county where such mine is located, and with the chief
inspector of mines at his office. Such map shall have attached thereto
the usual certificate of the mining engineer making it, and the mineforeman in charge of the underground workings of the mine, and such
LABOR LAW S— OHIO— ACTS OF 1910.
1119
owner, lessee or agent shall pay to the recorder for filing such map, a
fee of fifty cents.
The owner, lessee or agent of a mine shall keep at the office thereof,
open to the inspection of the chief inspector of mines, and the district
inspector of mines, a copy of the latest map of such mine, with any addi
tion thereto, and shall furnish a copy thereof to the chief inspector of
mines at his office.
Sec. 938. Whenever any working place of a mine approaches within Approach to
one hundred feet of the abandoned workings of another mine, as indi- ^ines? d 0 n e d
cated b y an accurate survey, or while driving any working place par
allel with the workings of such abandoned mine within a distance of
one hundred feet thereof, and such abandoned mine cannot be explored,
or when the same contains fire damp, or water which may inundate
such working place, the mine-foreman shall not permit such working
place to be advanced until a drill hole has been extended not less than
twelve feet in the center of such working place, and a flank hole not
less than twelve feet extended on each rib, starting at the working face
after taking out each cut or crossing. Whenever the limits of the work
ings of an abandoned mine are not known b y actual survey, the above
rule shall apply whenever any working place approaches within one
hundred and fifty feet of the supposed limits of such abandoned mine.
Sec. 939: The owner, lessee or agent of a mine shall give notice to the inspector
to
chief inspector of mines in the following cases: When a change occurs have notice,when,
in the name of the mine, in the name of the owner, lessee or agent
thereof, or in the officers of an incorporated company owning or oper
ating such mine; when a working is commenced for the opening of a
hew shaft, slope or mine; when a mine is abandoned, or the working
thereof discontinued; when the working of a mine is commenced, after
an abandonment of discontinuance thereof for a period of more than
three months; when the pillars of a mine are about to b e removed or
robbed; when a squeeze, crush, or fire occurs, or a dangerous bod y of
gas is found, or any cause or change that may seem to affect the safety
of persons employed therein.
Sec. 940. The owner, lessee or agent of a mine at which loss of life Notice of accioccurs b y accident, shall give notice thereof, b y telegram, forthwith, dents,
to the office of the chief inspector of mines, ana to the coroner of the
county in which such accident occurs; and, within twenty-four hours
next after loss of life or personal injury has occurred, the owner, lessee
or agent of the mine shall send to the chief inspector of mines a report
in writing, of the accident, specifying the character and cause thereof,
the names of the persons killed or injured, and the nature of the injuries.
If a personal injury thereafter results in the death of the person injured,
as soon as such death comes to his knowledge, the owner, lessee or agent
shall give notice thereof forthwith, in writing, to the chief inspector of
mines, and to the coroner of the county in which such accident occurred. Annual reports.
The owner, lessee or agent of a mine, shall, on or before the thirty-first
day of January of each year, send to the office of the chief inspector of
mines, upon blanks furnished b y him, a correct return, specifying with
respect to the year ending on the preceding thirty-first of December, the
quantity of coal mined, and the number of persons ordinarily employed
at, in, and around such mine, distinguishing the persons below and
above ground, and give such other information as required b y such
blanks.
Sec. 941. The owner, lessee or agent of a coal mine, at which the earn- Test weights,
ings of ten or more persons depend upon the weights of coal mined, shall
provide and keep accessible for the purpose of testing the weigh scales
as provided elsewhere in this act, the following standard test weights,
properly sealed: Where the coal mined is weighed upon hopper or pan
scales, two standard test weights of fifty pounds each; where the coal
mined is weighed upon railroad track scales, teh standard test weights
of fifty pounds each.
The owner, lessee or agent of a mine generating fire damp, so as to be Safety lamps,
detected b y a safety lamp, shall keep on hand m proper condition for
use, not less than four approved safety lamps, and upon request of the
district inspector of mines, shall provide such additional safety lamps
as in his judgment may be required to meet any probable emergency.
64181°— No. 91— 11----- 17
1120
BULLETIN OF TH E BUREAU OF LABOR.
The owner, lessee or agent of a mine, shall provide and maintain a
sufficient shield on each mining machine used m such mine, as may be
authorized b y the chief inspector of mines, or the district inspector of
mines, for the protection of those employed in operating same.
Signals.
Sec. 942. A t each mine operated b y shaft, the means of signaling to
and from the bottom man, the top man, and the engineer shall consist
of a tube, or tubes, or wire encased in wood or iron pipes, through which
signals shall be communicated b y electricity, compressed air, or other
devices. The following signals are provided for use at mines where
signals are required:
One ring or whistle from the bottom to the top shall signify to hoist
coal or the em pty cage, and also to stop either when in motion.
Two rings or whistles shall signify to lower cage.
Three rings or whistles shall signify that men are coming up; wnen
return signal is received from the engineer, men w ill get on the cage,
and eager shall ring or whistle one to start.
Four rings or whistles shall signify to hoist slowly, im plying danger.
Five rings or whistles shall signify accident in the mine and a call for
a stretcher.
One ring or whistle from the top to the bottom shall signify: A ll
ready, get on cage.
Two rings or whistles shall signify: Send away em pty cage: Provided,
That the management of any mine, may, with the consent of the dis
trict inspector of mines, add to this code of signals in his discretion, for
the purpose of increasing its efficiency, or of promoting the safety of the
men in said mine, but whatever code may be established and in use at
any mine must be furnished b y the mining department, conspicuously
posted at the top and at the bottom and in the engine room, for the
information and instruction of all persons concerned.
A t each mine where persons are hoisted in a vertical shaft, an emer
gency signal shall be provided in such manner that persons can give sig
nals from the cage, in the event the cage is stopped between the top and
bottom landings.
Lights.
Sec. 943. The owner, lessee or agent of each mine shall provide an
enclosed lard or signal oil lamp or lantern or incandescent electric light
at such point or points in the mine as may be necessary for the proper
safety of persons, especially at the top of extreme grades. No open
light shall be used for fixed or stationary purposes; no open torches or
lamps larger than the lamps provided for in this act for use as open
lights, and no coal oil or kerosene lamp or lanterns, shall be used m a
mine. This, however, shall not prevent the use of a torch or blow-torch
for mechanical purposes other than illumination.
The owner, lessee or agent of a mine at which locomotives are used
for hauling the coal, shall keep a light on the front end of the locomotive
when it is in use, and when the locomotive is run ahead of the trip, and
the trip-rider is not required to ride the rear car of the trip, a signal,
light or marker, approved b y the district inspector of mines, shall be
carried on the rear end of the trip to indicate when the trip has passed.
Cars shall not be pushed ahead of the locomotive where it can be avoided,
and when cars are run ahead of the locomotive a light shall be carried
on the front end of the trip and the cars shall not be moved at a speed
greater than four miles per hour. When rope haulage is used, an en
closed light shall be carried on the front end of each train so hauled.
When a mechanical haulage trip passes through an automatic door hav
ing no attendant other than persons in charge of such trip, the trip-rider
shall be required to ride the rear car of the trip while passing through
such door, and see that it closes after the trip passes through.
Employment of Sec. 944. The owner, lessee or agent of a mine shall not em ploy, or
children.
permit to work therein, any b oy under fourteen years of age; nor em ploy,
or permit to work therein, any b oy under fifteen years of age during a
term of the public schools, in the district in which he resides.
Dust.
Whenever an entry or airway becomes so dry that the air becomes
charged with dust, the owner, lessee or agent shall cause such entry or
airway to be sprinkled, and all accumulated matter, explosive in its
nature, shall be removed from the mine.
Supply or oil.
No oil shall be taken into or stored in a mine except as may be re
quired to be opened for use within two days thereafter; and in no case
Shields.
LABOR LAW S---- OHIO-----ACTS OF 1910.
1121
shall more than two barrels of oil be kept at any one place, and not
more than ten barrels of oil shall be had in a mine at any one time. A ll
waste oil and em pty barrels shall be promptly removed from the mine.
The permanent boilers used for generating steam, and the buildings L o c a tio n of
containing the boilers, shall not be nearer than sixty feet to any mine boilers,
opening or to a building or inflammable structure connected with or
surrounding such opening.
Sec. 945. The owner, lessee or agent of a coal mine at which the live Stables,
stock is kept underground, shall observe the following: The stable or
stalls shall be separated from the main inlet and main outlet air-courses
by not less than twenty feet of solid strata or a solid wall of brick or
masonry not less than twelve inches in thickness, except at two doors
not more than five feet wide, which shall be made of steel plate not less
than one-quarter inch in thickness and hinged to the solid strata or ma
sonry without the use of w ood; the ventilation for the stable shall be taken
from main inlet air-course b y a by-pass or separate split and returned
to the main outlet air-course so that the air passing the stables w ill not
enter the inward working places of the mine, and arranged so that the
by-pass or split can readily be closed at both inlet and outlet sides of the
stable b y steel doors hinged to the solid strata or masonry without the
use of wood; the construction of the stable inside shall be free from pine
or light lumber; shall be of brick or masonry as much as practicable, and
any timber used shall be of hardwood of a cross section not less than
three b y six inches; no hay or straw shall be taken into the mine or
stable unless same be compressed into compact bales, and then only
from time to time in such quantities as will be required for two days’
use; no greater quantity of hay or straw shall be stored in the mine or
stable, and when such is taken into the mine it shall be taken inside
the stable at once; the lights used in the stable shall be incandescent
electric lamps, placed so that same will not be injured b y the stock or b y
persons required to enter the stable, or lanterns of railroad type suitable
for using lard or signal oil, and only such oil shall be used therein; all
refuse and waste shall be promptly removed from the stable and the
mine, and shall not be allowed to accumulate. Stables constructed
underground after the passage and approval of this act, shall be located
not nearer than one hundred and fifty feet of any opening to the mine
used as a means of ingress or egress.
Sec. 946. No gasoline, naphtha or kerosene engine shall be used in a Use of gasoline
mine, except for operating pumping machinery where electric, co m -etc*
pressed air or steam power is not available or cannot be transmitted to
the pump, and then the owner, lessee or agent shall observe the follow
ing: Notice shall be made to the chief inspector of mines before instal
ling, and the installation and operation shall be subject to his approval:
No wood or inflammable material shall be permitted nearer than twentyfive feet of the engine: The suppty tank from which the gasoline,
naphtha or kerosene is fed to the engine, shall be of metal, with a suit
able screw cap opening, fitted with a gasket, so as to make the tank air
tight and prevent the escape of gas into the atmosphere, and the tank
kept free from leaks: The gasolme, naphtha or kerosene shall be fed
from a tank to the carburetor or mixer b y metal tubes securely con
nected so as to reduce the possibility of leaks to a minimum: The ex
haust from the engine shall be conducted b v means of metal pipes into
the return air current, so that the fumes of combustion w ill not enter
the workings of the mine where the men are required to work, or be
conducted m an upcast shaft or slope not used as a means of ingress or
egress, or through metal pipes to the surface: A t no time shall there be
more than five gallons of gasoline, naphtha or kerosene in the supply
tank; at no time shall more than nve gallons of same be taken into the
mine at any one time, and at no time shall there be more than ten gal
lons in the mine, including that in the supply tank: No gasoline, naph
tha or kerosene shall be taken into the mine except in metallic cans,
with a screw cap opening at the top, fitted with a suitable gasket: No
package or can, or the supply tank of an engine, containing gasoline,
naphtha or kerosene, shall be opened until ready to make the transfer
from the package or can to the supply tank, and in transferring, a funnel
shall be used so as to avoid spilling the gasoline, naphtha or kerosene,
and the cap on the supply tank shall be immediately closed: In no case
1122
BULLETIN OF TH E BUREAU OF LABOR.
shall the package, can, or the supply tank, be opened, with any open
light or other thing containing fire within twenty-five feet of same.
Electric wiring. ^ Sec. 947. The owner, lessee or agent of a mine in whieh electricity
is used as a means of power, shall observe the following in the applica
tion thereof:
A ll trolley wires shall be carried at least six inches outside of andjparallel with the track rail on the side the trolley wire is located. When
reeular height is less than six feet six inches from top of rail, the lower
side of trolley wire must not exceed six inches from the roof or cross
timber with hangers now in use, with hangers not to exceed twenty-five
feet between centers, and the tension sufficient to keep all wires from
sagging and to prevent trolley wheel from coming in contact with roof
or cross-timbers. A ll new hangers hereafter installed shall not exceed
five inches in depth from lower side of the trolley wire to the roof or
cross-timbers.
A ll trolley and positive feed wires crossing places where persons or
animals are required to travel, shall be safely guarded or protected from
such persons or animals coming in contact therewith.
A ll trolley and positive feed wires shall be placed on opposite side of
track from refuge holes or necks of rooms.
No trolley wire shall be extended into or maintained in any room
while being used as a working place; no trolley or feed wire snail be
extended into any entry beyond the outside corner of the last break
through.
Switches or circuit-breakers shall be provided to control the current
at the mine, and at all important points in the mine.
A ll machine feed wires shall be placed as near the rib and roof or
cross-timbers as practicable; the positive wire to be carried not to ex
ceed three inches from the rib ana roof or cross-timbers, measured at the
insulators, which shall be so placed as to keep the wire at least six inches
outside of the track rail on the side the wire is located. Insulators
shall be placed not exceeding fifty feet apart, and all wires shall be car
ried so that same will be not less man six inches outside of the track rail
at any point on the side the wire is located. A ll positive wires shall be
carried on glass or porcelain insulators, or insulators equally efficient.
A ll negative wires shall be carried on suitable fixtures, and when car
ried in same entry as the positive wire, shall be carried on the same side
of the entry as the positive wire, and as close to it as practicable. * When
machine or feed wires are carried in same entry as trolley wire, they
shall be placed on the same side as the trolley wire, between trolley
wire and rib. Nothing in the foregoing shall require negative wires
being carried in same entry with positive wire.
When necessary to carry wires down shafts or slopes used as traveling
ways, the wires must be thoroughly cased or protected, so that persons
cannot be shocked therefrom.
Positive machine feed wires, when extended into rooms, shall be
placed not nearer than four feet of the track, where the room is of suffi
cient width, and the same shall only be connected to the positive wire
or wires on the entry while in actual use. The material used for mak
ing such connection shall be of sufficient length to reach across the
entry, and when same is disconnected, it shall be kept with the machine
operating at such point or working place. No electric wires shall be
extended into any room unless a one hundred and fifty foot cable will
not reach the face of the room, and then not beyond the outside corner
of the last breakthrough.
A ll terminal ends o f positive wires shall be guarded so as to prevent
persons inadvertently coming in contact therewith.
The bonded track, the negative wires and metallic pipe lines, when
coming near each other, may be connected together at intervals not
exceeding five hundred feet, and any track used as the return or earth
system shall be properly bonded. In no case shall a pipe line, or any
part thereof, b e used exclusively as the return, and when connected to
the earth system, the negative wire or bonded track shall be of ample
capacity, exclusive of the pipe line, to carry the current.
Contact de- The trolley wire shall be carried upon hangers or other fixtures which
ices*
w ill properly insulate it from contact with the roof or other substances,
and so the trolley wheel can trail without the necessity of being con
stantly attended for that purpose, and no trolley shall be run on any
LABOR LAW S— OHIO— ACTS OF 1910.
1123
wire not so carried. No locomotive shall be operated by means of a
person holding and sliding upon or frequently making contact with the
positive wire with any device attached to the cable as a substitute for a
trolley, bu t these provisions shall not prohibit the operation of a loco
motive b y means of a cable without the use of the trolley, provided the
cable be connected to and disconnected from the positive wire when
the locom otive is not in motion. Means shall be provided b y which Crossings.
machine runners may readily carry the machine cable from the machine
to the feed wires on one side of the entry, either under or over the track
rails, in the entry where such wires are located, and so the cable w ill not
come in contact with such track rails, thereby reducing the danger of
shock to persons or animals required to travel such entry, to the mini
mum.
Sec. 948. The owner, lessee or agent of a mine at which electricity Voltage.
with a pressure or potential of more than three hundred and twentyfive volts, or alternating current, is used, shall, in addition to the pro
visions of the preceding section, observe the following:
A t each m ine equipped with electric power after the passage and
approval of this act, the current used to operate gathering locomotives,
mining machines, shearing machines, drills and other machinery, used
in or about the working places of the mine, shall not exceed in pressure
or potential, three hundred and twenty-five volts, direct current, as
shown at the nearest switchboard, and the wires conducting the power
from the nearest switchboard shall not carry a higher pressure or
potential.
A t each mine equipped with electric power after the passage and
approval of this act, no alternating current shall be used underground
to operate any machinery other than that necessary to convert the
alternating current to direct current, and no wires carrying alternating
current shall be used underground except same be carried in an entry
or passageway where persons and animals are not permitted to travel.
A t each mine equipped with electric power after the passage and
approval of this act, when the current used to operate haulage loco
motives, pumps and other machinery not located in or about the work
ing places of the mine, is of a pressure or potential in excess of three
hundred and twenty-five volts, direct current, the entry or passage
way where such wires are carried shall not be designated or permitted
to be used as the principal traveling way, and when designated or used
as the escapement way, the wires shall be protected so that persons
required to travel near same in emergencies will not inadvertently come
in contact therewith. No pressure in excess of six hundred and fifty
volts at the switchboard shall be used underground.
A t each mine equipped with electric power prior to the passage and
approval of this act, where the pressure or potential is in excess oi three
hundred and twenty-five volts, direct current, or where alternating
current is used, and the conditions surrounding the use of same are
such, in the opinion of the chief inspector of mines, that the provisions
of the preceding section do not provide the required protection from
shock to persons employed therein, such additional safeguards shall be
employed as may be required b y the chief inspector of mines, and the
district inspector of mines, jointly.
Sec. 949. A ny person, firm or corporation beginning the opening of Opening new
mines.
a mine, whether such person, firm or corporation be the owner, lessee
or agent of the property upon which such mine is located, or not, shall
observe the following in the construction of such mine: If the opening
be a slope or vertical shaft, no explosive used therein shall be fired b y Firing shots.
means of a squib or fuse after the same is extended more than twentyfive feet from the surface, and thereafter and until the slope or shaft
reaches the seam, and the entry or landing be extended beyond a
break through or other place driven at right angles thereto, no explosive
shall be fired except b y means of an electric battery operated from the
surface after all persons are on the surface. A substantial structure to Hoisting appa*
sustain sheave wheels or pulleys, ropes and loads, shall be provided, ratus.
and if the opening be a shaft, the same shall be placed at a height of not
less than twenty feet above the tipping place. A landing platform
shall be arranged in such manner that no material can fall into the shaft
while the bucket is being emptied, and in no case shall the shaft be
sunk to a depth of more than thirty feet without such structures. If
1124
BULLETIN OP T H E BUREAU OF LABOR.
the bucket used for hoisting material is to land on a truck, the track on
which said truck is operated, and the platform, shall be so constructed
that material can not fall into the shaft. R ock and coal shall not be
hoisted from a shaft or slope except in a bucket or cage attached to the
rope b y a safety hook, clevis, or other safe attachment, and the bucket
or cage securely locked so that same can not tip or em pty while being
hoisted. The rope shall be fastened to the side of the drum, and not
less than three coils of rope shall always remain on the drum. After
the shaft reaches a depth of one hundred feet, the same shall be pro
vided with guides ana guide attachments, applied in such a manner as
to prevent the bucket from swinging while being lowered or hoisted,
ana said guides and guide attachments shall be maintained at a dis
tance of not more than seventy-five feet from the bottom of the shaft.
Provisions
ror The sides of all shafts shall be properly secured for safety, and no loose
safety.
rock or material shall be allowed to remain on any timber in the shaft
after each blast. A ll loose timber, tools, and materials, shall be kept
away from the top of the shaft, so as to redu
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