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U. S. DEPARTMENT OF LABOR JAMES J. DAVIS, Secretary CHILD REN ’ S BUREAU GRACE ABB O TT. Chief CHILD LABOR IN THE UNITED STATES . „-»îo t îx j IIB A L & BUREAU PUBLICATION No. 114 {FOURTH EDITION) AUGUST, 1926 WASHINGTON GOVERNMENT PRINTING OFFICE 1926 3 k 2 ‘l IL ^C Digitized^foruFRASER ^ https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis SINGLE COPIES OF THIS PUBLICATION MAY BE OBTAINED FREE UPON APPLICATION TO THE c h il d r e n ' s b u r e a u , a d d it io n a l c o p ie s m a y BE PROCURED FROM THE SUPERINTENDENT OF DOCUMENTS, GOVERNMENT PRINTING OFFICE, •WASHINGTON, D . C. AT * 10 CEN TS P E R C O P Y https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis CONTENTS. 1. 2. 3. 4. 5. 6. How many children in the United States are at work?.................................... ^ 5 In what occupations are children engaged?............................................... g In what sections of the country are the largest numbers of children at work ? 9 Is the number of children at work decreasing?................................................... jj Is the decrease between 1910 and 1920 real or apparent?............................... 12 What progress has been made in legal regulation during thist period?........... 13 Legislation and child labor in mines......................................................... 14 Legislation and child labor in mills and factories....................................... lg 7. What were the provisions of the first and second Federal child-labor laws?. 18 - 8. What is the proposed Federal child-labor amendment?.................................... 19 ft 9- How is child labor regulated b y the States at the present time?.................... 20 Age minimum for children entering employment...................................... 21 Educational requirements for children entering em ploym ent.................. 22 Physical examinations of children entering employment......................... 23 Age minimum for work in mines................................................................... 24 25 The length of the working-day........... . .......................................................... W eekly hours for working children................................................................ 26 Prohibition of night work for children............. ............................................ 27 State regulation of child labor in street trades............................................ 28 29 Compulsory school attendance........................................................................ Compulsory part-time school attendance..................................................... 30 Legal regulation of the employment of minors 16 years of age and over. 31 10. What are the minimum standards for children entering em ploym ent?......... 32 Publications of the United States Children’s Bureau on the subject of child labor.......................................................................................... f .................................... 34 (3) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H A R T I. P R O P O R T I O N O F C H I L D R E N 10 T O 15 Y E A R S O F AG E, IN C L U S IV E , IN EA CH P R I N C I P A L D I V I S I O N O F O C C U P A T I O N S , 1920. 61% Agriculture, forestry, and animal husbandry. 647,309 Extraction of minerals.......... ................ ........ 7,191 Manufacturing and mechanical industries... 186,337 Transportation................................................. 18,912 Trade.................... ............ .............................. 63,368 Domestic and personal service....................... 54,006 Clerical occupations........................................ 80,140 Other. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4,595 CHILD LABOR IN THE UNITED STATES. TEN QUESTIONS ANSWERED. 1. HOW MANY CHILDREN IN THE UNITED STATES ARE AT WORK? In the United States in 1920 over one million (1,060,858) children 10 to 15 years of age, inclusive, were reported by census enumerators as “ engaged in gainful occupations.” 1 This number was approxi mately one-twelfth of the total number (12,502,582) of children of that age in the entire country. The number of child workers 10 to 13 years of age, inclusive, was 378,063. These numbers reported by the census do not include children merely helping their parents at household tasks or chores, or doing irregular work about the home farm, for the census enumerators were directed not to count such [children as employed;2 and as the census was taken in January children employed only during the summer vacations on farms or at other seasonal work were not included. The census does not report the number of working children under 10 years of age, but it is known that such children are employed in large numbers in agriculture, and in smaller numbers in many other occupations such as street trading, domestic service, and industrial home work. Table I shows the number and proportion of boys and girls reported as gainfully employed in 1920:1 T able I . — P er cen t o f children engaged in ga in fu l occu pation s, by se x : 1920. Children 10 to 15 years of age, inclusive. Sex. Total. Engaged in gainful occupations. Number. Both sexes................................................................................... Female.......................................................... 12,502,582 1,060,858 8.5 6,294,985 6,207,597 714,248 346,610 11.3 5.6 1 Fourteenth Census of the United States, Population, 1920, Vol. IV , Occupations, p. 476. 1Ibid., p. 30. (5) Digitized for« FRASER https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Per cent. 6 2. IN WHAT OCCUPATIONS ARE CHILDREN ENGAGED? Of the child workers 10 to 15 years of age, inclusive, in the United States in 1920, 647,309, or 61 per cent, were reported to be employed in agricultural pursuits, the majority (88 per cent) of them as laborers on the home farm. An even larger proportion, 87 per cent, of the working children 10 to 13 years of age, inclusive, were at work in these occupations. There were 185,337 children, or 17.5 per cent of the total number of working children under 16, employed in manufacturing and mechanical industries— cotton, silk, and woolen mills; cigar, clothing, and furniture factories; and can neries and workshops. Over 80,000 children were engaged in some type of clerical occupation; approximately 63,000 were in trade; 54,000, the majority of whom were girls, were working at occupations classified under “ domestic and personal service” ; and 7,191— almost all of them boys— were employed in the extraction of minerals. Almost 25,000 children 10 to 13 years of age were reported as employed in trade and clerical occupations, over 12,000 in “ domestic and per sonal service,” and almost 10,000 in manufacturing occupations. The occupations of children 10 to 15 years of age employed in nonagricultural pursuits are given in the following table and in Charts k II and III: T a b l e I I . — Number and per cent distribution, by occupation, o f children 10 to 15 years o f age, inclusive, engaged in selected nonagricultural pursuits, f o r the United States: 1920.1 Children 10 to 15 years of age engaged in non agricultural pursuits: 1920. Occupation. Numher. 413,549 100.0 48,028 41,586 30,370 22,521 21,875 20,706 12,904 11,757 10,585 10,023 7,545 7,077 5,850 162,722 11.6 10.1 7.3 5.4 5.3 5.0 3.1 2.8 2.6 2.4 1.8 1.7 1.4 39.3 1 Fourteenth Census o f the United States, 1920: Children in Gainful Occupations, p. 30. 2 Except telegraph messengers. 2 Includes clerks in stores. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Per cent distribu tion. CHART C H I L D R E N 10 T O 15 YEA RS O F AGE, I N C L U S IV E , E M P L O Y E D AS LA B OR ER S A N D S E M I S K I L L E D O P E R A T I V E S IN M A N U F A C T U R I N G A N D M E C H A N I C A L IN D U S T R I E S , 1920.1 (All branches of the textile Industry grouped together.) T e x t il e s I ron - - - - - .................. 64,649 and steel - - - - - - 12,904 C l o t h i n q ......................................11,767 L u m b e r a n d f u r n it u r e - • 10,586 F ood - .................... 9,934 Sh o e ...............................................7,645 B u il d in q 2 - - - ...............Cla y, g lass , s t o n e 7,476 - - - - 4.968 ClQAR ANDTOBACCO......................4,938 P r in t in g a n d p u b l is h in g C h e m ic a l - - • 4,023 - 2.158 R u b b e r - ..............................- 2.106 E l e c t r ic a l s u p p l y ..................... 1.892 Paper bo x - 1,790 Paper pulp - |,273 T a n n e r ie s - 731 Ot h e r m etal - -- -- -- - 3,706 ALL OTHER INDUSTRIES - - - 21,619 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis C H A R T II I. BOYS A N D G I R L S 10 T O 15 Y EA RS O F AGE, IN C L U S I V E , E M P L O Y E D AS L A B OR ER S A N D S E M I S K I L L E D O P E R A T I V E S IN M A N U F A C T U R I N G A N D M E C H A N I C A L I N D U S T R I E S , 1920.1 (Each branch of the textile Industry shown separately.) 1^50 2,500 3,780 SjOOO SO 7,500______ 8,780_______IQPOO C o t t o n ....................... ..........ili3 T ? 7% I ron an d steel C l o t h in q T a n n e r ie s Ot h e r t e x t il e s Ot h e r m e t a l ................- - 's s///ss//.'/ssfs//s/.vs///s//A //s/s////s///f////i’///f///s/iV /x//////fS /M https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 11^250 »2^06 13^50 9 3. IN WHAT SECTIONS OF THE COUNTRY ARE THE LARGEST NUMBERS OF CHILDREN AT W ORK? Child labor, as Table III indicates, is confined to no one section of the country. According to the 1920 census the proportion of the total child population 10 to 15 years of age, inclusive, “ employed in gainful occupations” ranged from 3 per cent in the three Pacific Coast States to 17 per cent in the East South Central States, com prising Kentucky, Tennessee, Alabama, and Mississippi. In Missis sippi more than one-fourth of all the. children 10 to 15 years of age were at work; in Alabama and in South Carolina, 24 per cent; in Georgia, 21 per cent; and in Arkansas, 19 per cent. Of the New England States, Rhode Island had the largest proportion of children from 10 to 15 years of age, 13 per cent, “ employed in gainful occupa tions.” Except in the South no other State had so large a percentage of employed children as this. When all occupations are taken into account the proportion of children at work was much larger in tl^ South than in any other section of the country; but when nonagricultural occupations alone are considered the proportion was con siderably larger for New England and for the Middle Atlantic States, ^ a n d slightly larger for the East North Central States— Ohio, In diana, Illinois, Michigan, Wisconsin— than for any one of the three southern geographic divisions. Detailed statistics on the occupations in which children were en gaged in 1920 in the different States of the United States may be obtained from the United States census reports,1 particularly the following: Fourteenth Census of the United States, Population, 1920: Volume IV , Occupa tions (especially Chapter V, Children in Gainful Occupations ,2 pp. 474- 688; Chapter IV , Age of Occupied Persons, p p. 374-472; and Chapter I, Enumeration and Classification of Occupations, pp. 8-23). A brief summary of these statistics may be found in the leaflet Occupations of Children, Fourteenth Census of the United States, Population, 1920. 1Published by the Bureau of the Census, United States Department of Commerce. 2 Reprints of each chapter of Volume IV are published separately. 7522°— 26-----2 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 10 T a b l e III .— Per cent o f children engaged in gainful occupations, by States: 1920 . 1 Children 10 to 15 years of age, inclusive. Engaged in gainful occupations. . Division and State. Agricultural. Total. Number. All o Per cent. Number. Per cent. Number. United States............. 12,502,582 768,131 New England...................... 82,829 Maine............................. New Hampshire............ 45,691 Vermont........................ 38,579 Massachusetts............... 394,026 63,739 Rhode Island................. Connecticut................... 143,267 Middle Atlantic................... 2,397,736 New York...................... 1,059,635 341,185 New Jersey.................... Pennsylvania................. 996,916 East North Central.............. 2,312,711 596,741 Ohio............................... 323,979 Indiana.......................... 699,310 Illinois........................... 384,213 Michigan........................ 308,468 Wisconsin...................... West North Central............. 1,477,363 277,528 Minnesota...................... 270,217 Iowa............................... 395,682 Missouri......................... North Dakota............... 87,883 South Dakota................ 78,427 155,920 Nebraska........................ 211,706 Kansas........................... South Atlantic..................... 1,911,574 Delaware....................... 23,809 164,546 Maryland....................... 35,230 District of Columbia---311,915 Virginia......................... West Virginia............... 191,299 373,484 North Carolina.............. 260,204 South Carolina............... 427,235 Georgia........................... 123,852 Florida........................... East South Central.............. 1,267,275 318,408 Kentucky...................... 323,548 Tennessee...................... 349,537 Alabama........................ 275,782 Mississippi..................... West South Central............. 1,449,764 259,593 Arkansas........................ 258,052 Louisiana....................... 289,533 Oklahoma...................... 642,586 Texas............................. 393,563 Mountain.............................. 60,045 Montana......................... 54,641 Idaho.............................. 20,387 Wyoming...................... 104,790 Colorado......................... 48,032 New Mexico................... 38,278 Arizona.......................... 60,675 Utah.............................6,715 Nevada........................... 524,465 Pacific................................... 138.645 Washington................... 81)500 Oregon........................... 304,320 California....................... 1,060,858 59,239 2,585 1,526 1,277 33,723 8,569 11,559 131,541 49,846 26,024 55,671 100,801 18,119 16,911 36,933 13,154 15,684 57,906 8,271 9,121 22,587 2,816 2,555 5,286 7,270 273,981 1,406 12,300 1,871 25,493 7,431 62,162 63,520 88,934 10,864 221,342 26,754 39,837 84,397 70,354 184,267 48,140 32,274 22,981 80,872 15,612 1,402 1,608 608 4,558 2,195 2,711 2,361 169 16,169 4,650 2,462 9,057 8.5 7.7 3.1 3.3 3.3 8.6 13.4 8.1 5.5 4.7, 7.6 5.6 4.4 3.0 5.2 5.3 3.4 5.1 3.9 3.0 3.4 5.7 3.2 3.3 3.4 3.4 14.3 5.9 ' 7.5 5.3 8.2 3.9 16.6 24.4 20.8 8.8 17.5 8.4 12.3 24.1 25.5 12.7 18.5 12.5 7.9 12.6 4.0 2.3 2.9 3.0 4.3 4.6 7.1 3.9 2.5 3.1 3.4 3.0 3.0 647,309 5.2 413,549 3.3 3,053 823 215 510 831 119 555 8,922 2,401 .998 5,523 23,425 3,721 4,844 5,801 3,588 5,471 29,722 4,698 4,184 9,622 2,364 1,928 3,171 3,755 214,906 393 3,168 5 15,501 4,112 50,582 56,920 77,105 7,120 196,620 21,036 32,326 77,395 65,863 158,187 45,686 23,718 19,752 69,031 8,950 678 1,092 307 1,955 1,418 1,981 1,477 42 3,524 1,024 668 1,832 .4 1.0 .5 1.3 56,186 1,762 1,311 767 32,892 8,450 11,004 122,619 47,445 25,026 50,148 77,376 14,398 12,067 31,132 9,566 10,213 28,184 3,573 4,937 12,965 452 627 2,115 3,515 59,075 1,013 9,132 1,866 9,992 3,319 11,580 6,600 11,829 3,744 24,722 5,718 7,511 7,002 4,491 26,080 2,454 8,556 3,229 11,841 6,662 724 516 301 2,603 777 730 884 127 12,645 3,626 1,794 7,225 7.3 .2 .2 .4 .4 .2 .3 .6 1.0 .6 1.5 .8 .9 1.8 2.0 1.7 1.5 2.4 2.7 2.5 2.0 1.8 11.2 1.7 1.9 (2) 5.0 2.1 13.5 21.9 18.0 5.7 15.5 6.6 10.0 22.1 23.9 10.9 17.6 9.2 6.8 10.7 2.3 1,1 2.0 1.5 1.9 3.0 5.2 2.4 .6 .7 .7 .8 .6 2.1 2.9 2.0 8.3 13.3 7.7 5.1 4.5 7.3 5.0 3.3 2.4 3.7 4.5 2.5 3.3 1.9 1.3 1.8 3.3 .5 1.4 1.7 3.1 4.3 5.5 5.3 3.2 1.7 3.1 2.5 2.8 3.0 2.0 1.8 2.3 2.0 1.6 1.8 .9 3.3 1.1 1.8 1.7 1.2 .9 1.5 2.5 1.6 1.9 1.5 1.9 2.4 2.6 2.2 2.4 1Compiled from Fourteenth. Census of the United States, Population, 1920: Children in Gainful Occu pations, p. 13. 1 Less than one-tenth of 1 per cent. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 11 4. IS THE NUMBER OF CHILDREN AT WORK DECREASING? W Once in every 10 years the United States Census Bureau reports on the number of working children 10 to 15 years of age, inclusive. No complete count of employed children is made between these cen suses. The most recent decennial census was taken in January, 1920, \ at the beginning of a period of industrial depression and at a season of the year when employment in many occupations, especially in agriculture, was at its lowest ebb. Moreover, in 1920, the employ ment of children was discouraged b y a Federal child labor law.1 Since the census of 1920 was taken this law has been declared uncon stitutional, the industrial depression has been succeeded by a period of increasing employment. The census of 1920 records a considerable decrease since 1910 in the number of children reported at work. Although the total child pop ulation 10 to 15 years of age, inclusive, increased 15.5 per cent during this period, the number of working children reported decreased almost half (46.7 per cent). A corresponding decrease took place in the proportion of all children of these ages who are employed in gainful occupations, from 18.4 per cent in 1910 to 8.5 per cent in 1920. As Wshown b y Table IV, the decline is most striking in connection with W agricultural pursuits, in which the number of children employed decreased 54.8 per cent. T a b l e IV .— Relative changes in numbers o f children and o f all persons 10 years o f age and over employed, 1910 to 1920, by occupation and age.2 Per cent of increase or decrease, 1910-1920. Occupation. Total population............................... Total gainfully employed................. Agriculture, forestry, and animal husbandry___ Farm laborers (home farm)................... Farm laborers (working out)........... Nonagricultural pursuits..................... Extraction o? minerals.............. Manufacturing and mechanical industries........ Transportation.......................... Trade............................... Public service (not elsewhere classified)........ Professional service................... Domestic and personal service................. Clerical occupations..................... All persons Children 10 Children 10 10 years of to 15 years to 13 years age and of age, in of age, in over. clusive. clusive. +9. 0 —13.5 -44.1 -22.1 +20.2 +13.0 +20.6 +17.4 +67.8 +26.6 - 9 .7 +80.0 -5 4 .8 -5 0 .8 -7 5 .4 -5 8 .9 —<55! 2 -2 9 .0 -7 1.1 +110.’ 4 +142! 9 -5 L 9 1 The Federal child labor tax law was effective from Apr. 25,1919, to May 15,1922. 8Compiled from Fourteenth Census of the United States, 1920: Children in Gainful Occupations, pp. 65, 68; Occupations, Age o f Occupied Persons, p. 378; Thirteenth Census of the United States. Vol. IV Population, 1910, Occupation Statistics, p, 302. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 12 5. IS THE DECREASE BETWEEN 1910 AND 1920 REAL OR APPARENT? 1 According to the United States Census Bureau, a large part of the decrease in the number of children reported in 1920 as employed is apparent rather than real. This is due primarily to a change in the census date from April 15 in 1910 to January 1 in 1920, a cir cumstance which largely explains the smaller number of children reported in 1920 as engaged in farm work and other seasonal occupa tions in which fewer children are employed in January than in the spring. Since by far the greater part (84.5 per cent) of the decline in the number of children reported at work in all occupations is due to the large decrease (54.8 per cent) in the number reported as employed in agricultural pursuits, clearly much of the total decrease reported in 1920 can not be regarded as an actual reduction in the total numbers of children gainfully employed. In the nonagricultural occupations,1 however, much of the decline in the numbers of children reported as employed represents a real decrease, which may safely be attributed to conditions affecting directly and especially the labor of children. Chief among these are the enactment and> strengthening of legal regulations, both State and Federal. W Table IV shows a smaller number of employed children in 1920 than in 1910 in each of the principal occupational groups other than the agricultural1 except two— public service and clerical work, neither of which was affected by the Federal child labor laws • although the total number of employed persons of all ages in each of these occupational groups increased. 1 Child labor in agricultural pursuits was not covered by either of the Federal laws and has never been subject to State regulation to any appreciable extent. -See p. 20. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis >JUL] 13 6. WHAT PROGRESS HAS BEEN MADE IN LEGAL REGULATION DURING THIS PERIOD? During the decade between 1910 and 1920 Federal regulation of child labor was for the first time in effect. The first Federal child labor law, enacted on September 1, 1916, to become effective one year after its passage, prohibited the shipment in interstate and foreign commerce of goods produced in mines or quarries in which children under 16 years of age were employed, or in mills, canneries, workshops, factories, or manufacturing establishments in which children under 14 years of age were employed, or in which children between 14 and 16 years of age worked more than eight hours a day or six days a week or between 7 p. m. and 6 a. m. This law was declared uncon stitutional by the United States Supreme Court on June 3, 1918. A second Federal law, known as the child labor tax act, was passed in February, 1919, and put a premium, on the observance of the same standards by imposing a tax upon the profits of all mines and manufacturing establishments employing children in violation of these standards. Although since declared unconstitutional (on May 15, 1922), this law was in effect at the time of the 1920 census. While this law may be said to have been an important factor in the decrease which the 1920 census shows, its effectiveness was undoubtedly weakened b y the fact that it did not directly prohibit or regulate child labor, but merely tended to discourage it by imposing a tax upon the profits of establishments employing children contrary to the standards set up, and by the fact also that pending the decision of the United States Supreme Court as to the constitu tionality of the law the collection of the tax was rendered difficult. State standards relating to the employment of children were also raised in a number of States during this period. Laws firing the minimum age for going to work were strengthened in at least onehalf of the States, either by raising the age or by increasing the number of occupations to which the law applied, or in both ways. In many States these measures were supplemented and the number of child workers consequently reduced by raising the educational, physical, or other requirements which a child must meet before being permitted to go to work. The number of States firing a maximum working-day of eight hours for children under 16 in any considerable number of occupations increased from 7 to 28, and the number of those having no prohibition of night work of such children fell from 23 to 7 during the decade. The possibility of adequate enforcement of these various regulations was increased by both legislative and administrative action. Moreover, the standards of https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 14 compulsory-education laws were generally raised so that fewer chil dren could leave school for work. Although these laws may not be well enforced in many localities, in 1920 every State at least had such a law, while in 1910 there were seven States without compulsoryeducation provisions. A new type of legislation, providing for the part-time education of employed children during their working hours, was passed during the decade in 22 States. This legislation undoubtedly had an influence upon the extent of child employment in 1920 in communities where continuation schools had been started, since, as in the case of restrictions of hours, employers are said to be loath to hire persons for whom special arrangements must be made. V LEGISLATION AND CHILD LABOR IN MINES. According to the census returns the number of children 10 to 15 years of age, inclusive, employed in mining occupations declined 60 per cent in the period 1910—1920, as compared with an increase of 13 per cent in the total number of persons engaged in the industry. During this period not only did Federal regulations become effective, imposing a minimum age of 16 years for the employment of children in and about mines, but in addition all of the principal mining States except two— Illinois and Indiana—raised the minimum legal age for such work to »16. Illinois had had a 16-year age mrnimum for mining in 1910. Indiana, which had a minimum age of 14 years in both 1910 and 1920, nevertheless showed a decrease in child labor in the m in in g in d u stry of 61.4 per cent as compared with an increase of 37.1 per cent in the total number of persons employed in mining, apparently a case of the influence of the Federal law in a State with standards lower than the Federal standards. Chart IV shows the proportion of children under 16 in the total number of persons employed in mining occupations in 1910 and 1920, for the 12 States employing the largest number of children in the mining industry. M https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 15 C H A R T IV. P R O P O R T I O N O F C H I L D R E N B E T W E E N 10 A N D 16 Y E A R S O F A G E IN T H E T O T A L N U M B E R O F P E R S O N S E N G A G E D IN T H E M I N I N G I N D U S T R I E S IN T H E U N I T E D S T A T E S A N D IN T H E 12 S T A T E S E M P L O Y I N G T H E L A R G E S T N U M B E R S OF C H I L D R E N IN T H E S E I N D U S T R I E S , 1910 A N D 1920. Number. Per cent. 0 [J. s ......... 7,191 18,090 1 2__________ mmmm— i--------------- Pa.......... . 3,392 8,267 3____________4___________ JS } } } ) ) ) ) 77771 — Ky......... 493 708 W. V a... 472 1,851 Ohio.__ 347 856 Ala.......... 299 1,434 ill.......... 251 249 Penn.. .. 243 868 ■ V/////////////////////\ rTTTTTn ....... H L -------masm--------v / / / / / / / / / / / / / ,/Z Z Z Z Z Z / / / r r m /7T7TTTJL Ind....... . 226 585 f f f f W — •--------------- 1--------------- Okla___ 203 59 Va........ 188 632 Tex....... 186 120 ’F / y / y / r ■■mar— 1--------------v77V//f///i„ Mo......... 141 298 W J W h n A ________ /» f f > ( J JJLLLLL ? in k m — y B t j / / { / / / / / /j l u - ......... n rrm 1920 1910 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis u r n m ftiU T h 16 LEGISLATION AND CHILD LABOR IN MILLS AND FACTORIES. In the manufacturing occupations in which the Federal laws of 1916 and 1919 prescribed a minimum age of 14 years, the influence of childlabor legislation appears to have been almost as important as in the mining industry. Except in five States— Rhode Island, Massachu setts, Connecticut, New Jersey, and Washington— and in the District of Columbia, decreases in child workers, in many cases of from 40 to 60 per cent, were reported for the period 1910-1920. Decreases were generally greatest in States where the minimum age had been raised during the decade, as in Maine (67.8 per cent), Ohio (59.8 per cent), Alabama (59.5 per cent), Maryland (49.4 per cent), and Florida (48.6 per cent); or where the unsatisfactory character of State law or admin istration had necessitated the issuance of Federal certificates of age, as in Virginia (46.6 per cent), Georgia (50 per cent), North Carolina (53.2 per cent), and South Carolina (62.5 per cent). In 1920, as at previous census periods, the largest number of chil dren engaged in manufacturing pursuits were employed in the textile industries, almost half of them being in the cotton mills. For the textile industries the number of child workers was 77,967 in 1910 and> 54,649 in 1920, representing a decrease of 29.9 per cent as compared n with an increase of 75.9 per cent in the total number of textile work ers. In the cotton mills the number of children employed was 21,875 in 1920 as compared with 40,572 in 1910; this represents a decrease of 46.1 per cent in the number of working children as compared with an increase of 101.9 per cent in the total number of cotton-mill operatives. The decreases in child labor in the cotton industry were principally in the Southern States, where considerable advance was made in child-labor and education laws and where the effect of the Federal laws was especially marked. Chart V shows the proportion of children in the total number of persons employed in manufacturing and mechanical industries, as reported by the censuses of 1910 and 1920, for the 28 States employ ing the largest number of children in these industries. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis f» Ü * C H A R T V. P R O P O R T I O N O F C H I L D R E N B E T W E E N 10 A N D 16 Y E A R S O F A G E IN T H E T O T A L N U M B E R O F P E R S O N S E N G A G E D M A N U F A C T U R I N G A N D M E C H A N I C A L P U R S U I T S IN T H E 28 S T A T E S E M P L O Y I N G T H E L A R G E S T N U M B E R S O F C H I L D R E N T H E S E I N D U S T R I E S , 1910 A N D 1920. Number. Pei■cent. 2 4 :_____ 6> TT. S 260,944 i-x ... Mass.. . . . 13 1o Percent. Md.......... L__ ___ ] 27,821 B H 1 38,953 i / / / / / i i V a ........ 23,753 21,637 I z ' / / / / ! Mich....... N .Y .. . .. 17,842 W Bf~ 24,050 7 / A N. J ... ... 15,630 M U M 13,877 V / / Term.___ a— 111.___ . . . 11,714 B B E Z 13,488 7 / / X N. C .. . . . 7,697 P P P E IBBsIZ ______ I 16,444 / / / / / / / Conn.. .. 7,004 6,982 7 7 7 / 71 ____ r 6,979 P B BH 9B 3B 33 5#_____J 6,024 ¿..7 7 7 / / 7 / \ 1 R . I ... .. Number. a urn. Te x.......... L a.......... / / 7 l\ A la .........Calif.. . . . K y . ......... W is... . . 5,515 w m j 6^073 ¿J -7 7 A_____ Ohio... -- 4,874 BT ' 12,122 | s///\ M o ..... .. Tnrf Miss........ Fla......... 4,816 7,206 '-V 7 7 /1 tr r r r -l ______ 7,345 P P I - - L - ___ Iowa....... 77 7 /a Ga....... .. s , c „ „ .. 4,384 8,771 _____ f ■ 1 7 7 / 7 7 7 /1 W . V a ... 1 r 3,829 ______ _______ 10,215] f 7 . / / 7 -7 -J 7 7 7 7 7 7 -7 7 7 7 / / 7 A 1 Wa§h.... 1 1930 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 17771 1910 IN IN 7. WHAT WERE THE PROVISIONS OP THE FIRST AND SECOND FEDERAL CHILD-LABOR LAW S? The first and, second Federal child-labor laws established certain national minimum standards for the employment of children— that children under 14 should not be employed in mills, factories, manu facturing establishments, canneries, or workshops, that children between 14 and 16 should not be employed in these establishments more than 8 hours a day or 6 days a week, or between 7 p. m. and 6 a. m., and that children under 16 should not be employed in mines and quarries. The first Federal law, passed September 1, 1916, to go into effect one year later, forbade the transportation in interstate or foreign commerce of the products of establishments 1 violating these standards. This law was held unconstitutional b y the United States Supreme Court2 on June 3, 1918, on the ground that in attempting to regulate child labor in this way Congress had exceeded its constitutional power to regulate interstate commerce. The second Federal law (the so-called child labor tax a ct), passed February 24,1919, and effective April 25,1919, imposed a 10 per cent tax upon the net profits of establishments violating the standards outlined above. The Supreme Court, on M ay 15, 1922, b y an 8 to 1 decision,3 declared that Congress had exceeded its constitutional powers in the enactment of this law. Though the child-labor standards of these two Federal laws were relatively conservative, only 19 States4 now measure up to them even in regard to work in mills, factories, manufacturing establishments, canneries, and workshops, and only 13 measure up to them in all particulars. i That is, of mills, factories, manufacturing establishments, canneries, workshops, mines, or quarries as specified, above. > Hammer v. Dagenhart, 247 U. S. 251. > Bailey t>. Drexel Furniture Co., 259 U . S. 20. *In one of these States the hours-of-labor provisions of the law do not go into effect until July 1, 1927. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 19 8. WHAT IS THE PROPOSED FEDERAL CHILD-LABOR AMENDMENT? Inasmuch as two attempts of the Federal Government to extend its protection to child laborers by indirect measures have been de clared unconstitutional b y the United States Supreme Court it would appear that Federal regulation is possible only through an amend ment to the Constitution specifically granting to Congress the power to pass laws prohibiting and regulating the employment of children in the various States. Such an amendment has been submitted by Congress to the States. It provides for a grant of power to Congress to prohibit or to regu late child labor, limiting the extent of this power to persons under 18 years of age. The resolution proposing this amendment was adopted at the last session of Congress b y a vote of 297 to 69 in the House of Representatives and a vote of 61 to 23 in the Senate. It is in the following form : “ S e c tio n 1 . The Congress shall have 'power to lim it, regulate, and prohibit the labor o f persons under eighteen years o f age. “ S e c . 2 . The power o f the several States is unimpaired by this article except that the operation o f State laws shall be suspended to the extent necessary to give effect to legislation enacted by the Congress This amendment is now before the States for ratification. The legislatures of three-fourths of the States must ratify it before it becomes a part of the Federal Constitution. 4* https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 20 9. HOW IS CHILD LABOR REGULATED BY THE STATES AT . THE PRESENT T IM E ?1 m The child-labor laws of the States set up certain standards— age, educational, and physical, as a rule—which the child must meet before he can be employed in a specified list of occupations. They limit his hours of employment during the first years of his working life, and prohibit him from engaging in certain hazardous employments. The laws are enforced through a work-permit system administered in most States by local school authorities and through inspection of the place of employment by some State agency, usually the department of labor. Moreover, in every State the compulsory school attendance law, if enforced, indirectly regulates the employ ment of children during school hours. The failure of the State child-labor laws to prevent the widespread employment of children shown by the census reports is not altogether due to low standards; it is due also to the numerous exemptions per mitted by many of the State laws and to inadequate enforcement of the laws. Owing to the difficulty of presenting clearly a large number of, details in chart form, the legal standards for minimum age2 and forJ hours of work are shown in the maps which follow only for factories and stores; but the same regulations in many States apply to a con siderable number of other occupations, and in a few to any employ ment.3 Few State laws apply specifically to farm work or domestic service. Although a number of child labor laws apply to “ all gainful occupa tions,” and therefore nominally cover farm work and housework, almost the only regulation of these types of child labor is that which results indirectly from the operation of the compulsory school attend ance laws. iThe maps on the following pages show the provisions of the laws as of August 1, 1926. »Except those for work in mines, which are given separately. »Usually, however, exempting agricultural pursuits and domestic service. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 21 AGE MINIMUM FOR CHILDREN ENTERING EMPLOYMENT. The nominal age minimum for work in factories in all except two States, and for work in numerous other employments in many other States, is fixed at 14 years or over for both boys and girls. Seven States have an age minimum of 15 years or over. This does not mean that in all these States no child under 14, 15, or 16 years of age may go to work, for there are many exemptions permitted by the laws and many limitations upon their application. The most that can be said for a number of States is that the law shows recognition by the legislature of a standard, variation from which is permitted only under certain specified and more or less clearly defined con ditions. MINIMUM AGE FOR CHILDREN IN FACTORIES* AND STORES 11926 legislation i n c lu d e d so f a r as available A u g u s t 1 ,19261 Indirect effect of compulsory school attendance and worK-pemvit requirements notnoted) * □ • © ■ C ann eries and oth er esta b lish m en ts handling perishable products are n ot included. With exem ptions which are lim ited t o time ou tside school hours. With exem ptions which are not lim ited to time ou tside school hours. Ifcy e a rs o f a g e fo r s t o r e s . No age minimum for stores except restriction imposed by com pulsory education law on worh during school hours. A Certain dangerous or injurious occu p a tio n s prohibited for child u n d er 16. InWyoming no ch ild w h o se a tten d a n ce a t school is required by law may be employed in factories Or s to r e s during school hour's. A Factories, 14; stores, 14except under regulations prescribed by State child-welfare commission https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 22 EDUCATIONAL REQUIREMENTS FOR CHILDREN ENTERING EMPLOYMENT. One of the primary reasons for restrictions upon child labor is that every child may have the education necessary for the citizens of a republic. An educational standard for going to work serves to insist upon this opportunity for those children who have not secured a m in im u m of education even though they have reached the age at which the law permits them to work. Only 13 States and the District of Columbia require completion of at least the eighth grade for the issuance of regular employment certificates; and 7 of these 13 permit exemptions under certain con ditions. The laws of 18 States either (1) have no educational require ment at all,1 or (2) fix no definite grade standard, demanding only that before going to work the child must be able to read and write (usually in English) and, in some States, that he have a knowledge of elementary arithmetic. i One of these States, however, has a fifth-grade requirement for special permits issued on account of poverty to children below the regular minimum age. ED U C A TIO N A L STA NDARDS FOR C H IL D R E N GOING TO W ORK [1926 legislation, in clu d ed s o fa r as available August I, 1926] (in clu d in g otriytiracte requi remerrtf o r regu lar em ploym ent ce r tific a te s ) I 1,8th g ra d e grad e o r 8 y ea rs’ sch ool a tt e n d a n c e 7th grade Ittfl 6 th gra d e tetri 5th gra d e 4 th gra .d e NO gra d e requirement (Some of these States require proficiency in certain su bjects) 2223 8 th A 8th grade for child l4tol5; 6thforchild l5tol6. ■ Completion of design ated grade in specified subjects. (InCdnnecticut local school au th o ritie s may raise requirements. In Maryland,outside Baltimore, com pletion o f 7th. g r a d e is req u ired under cou n ty sch ool a tte n d a n ce law.) □ W here con tin uation s ch o o ls are established, 8th g ra d e fo r child 14 to 15, no g ra d e requirem ent for child 15 or over; in oth er places, no g ra d e requirement. • With exem ptions. A In Wilmington, by ruling of board of educationjin r e s t of State, indirectly through com p u ls o ry e d u ca tio n law. O C om pletion o f 6th g r a d e ,e ffe c tiv e Septem ber 1,192.6. © No p rovision fo r em p loym en t c e r t ific a t e s a pplicable t o gen era l occu p a tion s. i— i No re g u la r em p loym ent c e r t ific a t e req u ired for child ov e r minimum age (15); 5th grade for “ p overty-" perm it (I£ ” 15!- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis PHYSICAL EXAMINATIONS OF CHILDREN ENTERING EMPLOYMENT. The importance of physical examinations at regular intervals is becoming more and more generally recognized. Such examinations are particularly important in the case of children under 18 years of age who go to work. During the years from about 12 to maturity the child’s body undergoes rapid growth and change, and if he is obliged through this period to adjust himself to the new demands of occupational life he is subjected to a double mental and physical strain. All except 15 States have recognized the need for protection by making some legal provision in regard to the child’s physical ability to go to work, but only 251 (2 of these with certain exemptions) have made an examination by a physician mandatory before a child may receive a regular employment certificate. Eight other States and the District of Columbia authorize the requirement of an exami nation at the discretion of the certificate-issuing officer. i In one of these States the law does not go into effect until July 1, 1927. LEGAL REQUIREM ENTS FOR PHYSICAL EXAMINATIONS OF C H ILD R EN GOING TO WORK [1926 legislation included so far as available August 1,1926] (Examinations for regu lar employment certificates. Exami nations to determine age not included) ^ Exam ination mandatory in Milwaukee by order of Wisconsin Industrial Cofrimission; ■ Exemptions in certain cases on w ritten objection of parent. A Examination within 6 m onths previous by authorized medical officer may be accept* ed as su b stitu te. O N 6 provision for employment certificates a p p lica b le to general occu pations. □ No regular em ploym ent certifica te req u ired for child ov er minimum age (I5)j physical exa m in a tion m an datory fo r"p o v e rty ” perm it (12*15). • E ffective July 1,1927. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 24 AGE MINIMUM FOR WORK IN MINES. Most State laws prohibit children under specified ages from engag ing in certain hazardous or unhealthful occupations, and a number give to a State board power to determine from time to time what occupations are dangerous or injurious and to prohibit children from working in such occupations. An employment generally recognized and regulated as hazardous is mining. Thirty States, including most of those in which mining is an important industry,1 prohibit the employment of boys in mines before the age of 16,2 and five States have a still higher minimum age. Many States prohibit entirely the employment of girls or women in this industry, but, since women and girls usually have not been employed in mines in the United States, the laws on this point are not important. i See Chart IV , p. 15. a Two of these States permit exemptions. MINIMUM AGE FOR BOYS IN MINES [192.6 legislation in clud ed s o la r as avail ab le August 1,1926] (Indirect ef fectof compulsory school attendance requirements not noted) • With exem ptions. O By r u lin g o f O r e g o n B oard o f In s p e c to r s o f Child L a b or. ▲ Mines n ot specifica lly n am ed, b u t child l a b o r la w , with minim um a d e o f 15 durind « CKi:»= lo u r ®11I4°utside^school h o u rs )in m anufacturing or business .establishments, applies t o all em ployers o f children under 16 whatever th e business conducted”(excepfc agricultural pursuits and dom estic service)* • A By implication from employm ent c e r t ific a te law, minimum age would be!4-i □ Minim um age fo r all work during school h ou rs not n oted. & https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 25 THE LENGTH OP THE WORKING-DAY. f Thirty-seven States1 and the District of Columbia have recognized the principle of an eight-hour day for child workers1 by fixing this standard for the work of children of certain ages in at least one industry; 31 States and the District of Columbia have an eight-hour day which applies to children up to 16 years of age in both factories and stores,1 5 of these allowing certain exemptions. In some of these States the eight-hour day covers work in many other employ ments, sometimes in all “ gainful occupations.” This prohibition may also apply to girls, or to children of both sexes, up to 18 years of age; and in a few instances it applies to all females. Nine States still permit children between 14 and 16 years of age to work from 9 to 11 hours a day, and one does not regulate the length of the working-day. 1 In one of these States the law does not go into effect until July 1, 1927. One other State, Montana, prohibits altogether the work of children under 16 in factories. K * Laws regu latin g hours o f labor fo r fem a les are n o t included. A C lassified h e r e b e c a u s e no child under 16 may be employed at any tim e in fa c to r ie s . © Law d o e s n o t e x te n d t o 16y ea rs o f age.(lnTexas children I5to 16 a re n ot c o v e r e d by th e law; in Utah boys I4tp 16 a re n o t c o v e r e d by t h e law.) • With exem p tio n s, (in M a in e,ex em p tion lim ited t o e m p lo y e r s e n g a g e d in p u b lic s e r v i c e in c e r t a in c a s e s o f em e rg e n cy -) ■ N oregu lation fo r s t o r e s . (Butin North Carol ina,for children underMyan 8 -h ou r d a y is p r e s c r ib e d f o r w ork in s to r e s .) O Effective July 1,1927. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 26 WEEKLY HOURS FOR WORKING CHILDREN. The 48-hour week is nearly always prescribed in States which require the 8-hour day; four of these— Mississippi, New Mexico, New York, and Virginia— have a 44-hour week. Twenty-eight1 States and the District of Columbia have a 48-hour week2 applying to children up to 16 years of age in factories and stores; this provision also applies in some States to girls up to 21 or to all children up to 18 years of age, and in a few States to all females. 1In Rhode Island a bill fixing a maximum 48-hour week and 9-hour day, with certain exemptions, for children under 16 and for all females in factories, stores, et cetera, to go into effect June 1,1924, was passed by the legislature and signed by the governor, hut the legality of its passage b y the senate is disputed. 2 Three of these permit exemptions. In one of these States the law does not go into effect until July 1, 1927. One other State, Montana, prohibits altogether the work of children under 16 in factories. {Canneriesand other establishments handling perishable products are not included) rrewBain a m ju ra fgr ween —' ililBIoohoursperweek__________________________________ ________________________ * Laws regu latin g h ours o f labor for*fem ales a r e n ot included. A C lassified here b e ca u s e no ch ild underl6 may be employed at any time in fa c to r ie s . © Law d o e s n ot e x te n d to 16y e a r s of age.OnTexas ch ild ren 15 to 16 are not covered by th e law; in Utah boys 14 to 16 are not covered by th e law.) A P r o v is io n fo r" 5 4 -h o u r w eek in fa c to rie s d oes n o t apply t o boys # With exem ption s. ■ No regulation for s to r e s . □ E ffe ctiv e July 1,1927. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 27 PROHIBITION OF NIGHT WORK FOR CHILDREN. The need for protection of children from the physical and moral dangers of employment at night has received fuller recognition in our State laws than the need for hour regulations, but nevertheless three States have not yet provided this protection.1 Thirty-five States and the District of Columbia prohibit children up to 16 years of age from engaging in night work in factories and stores,2 the provision often extending to a number of other employments and even to all gainful work. In some States this prohibition applies to minors up to 18 years of age, and in some to all females. i One of these, South Dakota, prohibits night work in mercantile establishments for children under 14. One other State, Montana, has no night-work prohibition, but prohibits altogether the work of children under 16 in factories. 3 Seven of these permit exemptions. LEGAL PROHIBITIONS OF NIGHT WORK FOR CHILDREN UNDER 16 IN FACTORIES AND STORES [l926 legisla tion in clu d ed s o f a r a s available August 1 ,1926] (Canneries and o th er establishments handling perishable products a re not included) #With exemptions:(InMaine,exemption Iimitadtoemployers engaged in public service in certain cases o f emergency.) □ Employmentof child under 16 in.factories entirely prohibited* ©Work permitted later than 7 p.m.(until 8p.m. in Colorado, Florida,Nebraska, Pennsylvania, Rhode Island, South Carolina [9p.m.to make up time lost bn account of accident to machinery]*, 'until 9p.m. in Idaho and North Carolina; until iop.rn.jn California and Texas). AProhibition extends from 5 p.m. to 8a.m. for factories; 6p.m. to 8 a.m.for stores. ■ Employment o f all females in stores after 10p.m. prohibited. AChildren under 14-prohibited from work in mercantile establishments after 7p.m. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 28 STATE REGULATION OF CHILD LABOR IN STREET TRADES. Fifteen States and the District of Columbia have laws requiring children selling papers or doing other work on the street to secure permits or badges. Only 11 have state-wide laws affecting boys engaged in independent street work. These laws have proved much more difficult to enforce than those regulating child labor in fac tories, stores, and other establishments. Although child labor in street trades may be controlled by local ordinances or police regu lations and is so controlled in some places, State law is necessary in order that minimum protection may be effective throughout the State. STATE LAWS REGULATING TH E WORK OF BOYS IN STREET TRADES* [1926 le g is la tio n in clu d e d so fa r as available August 1,1926] (Only s p e c ific s tr e e t tr a d e s law s in c lu d e d ) * This does notinciude:(l)provisions applying t o route carriers;(2)city ordinances;(3)delinquency and dependency law s som etim es applying to s tr e e t worKers;(4)laws relat ing to m essen gers and delivery boy6. O Minimum age 10 in. cities', state-w ide child labor law provides for “license” 10-14. • Minimum age 10; regulated to 16-(in New Jersey “age and working ce rtifica te j’provided in child labor law, might be used fo r s tre e t trades.) ■ Minimum age II,w ith ex em p tion s;regu la ted to 16▲ Minimum a g e 12; regulated t o 16.(In Delaware“ provisional” permit provided for in child labor law might be used for s t r e e t tra d es; S tate law, applicable t o W ilm ington only, req u ires badges.) © Minimum age 14;regulated t o 16. 4) Minimum age 12. Cl Minimum age 12; regulated tol7+ Minimum age 10. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 29 COMPULSORY SCHOOL ATTENDANCE. Every State now has a compulsory school attendance law, but in kMississippi certain counties are exempted, and in Virginia particular localities may obtain exemption under certain specified conditions. In 28 States attendance is required throughout the State up to the age of 16, and in 14 the upper age limit is 17 or 18, at least in some localities. The school law in most States allows children above a certain age (usually 14) to be excused to go to work, and many other exemptions are permitted which weaken the effect of the compulsory school attendance provisions. COMPULSORY DAY-SCHOOL ATTENDANCE LAWS* AFFECTING EMPLOYMENT OF CHILDREN [1926 legislation, in clu d ed s o f a r as available August l, 1926] * Provisions exempting children because of physical or mental incapacity, distance from school,or a ttend ance upon equivalent instruction a re not included. a w ith exemptions. □ No exem ptions under 16,but a tten d a n ce is required f o r only tw o-th ird s o f th e en tire session . No exemptions under 15. ■ No exem ptions u nder 14 (this applies in Arizona according to continuation school law ; in Delaware t o Wilmington only; in Kentucky to cities o f fi rst,secon d,th i rd ,o rfo u rth c la s s o n ly fin W ashington only w h ere continuation s c h o o ls are establish ed)♦ Law applies uptothe specified age “ inclusive” # To 16 in parish o f Orleans; to i4-,"incl usive,’elsewhere. ▲ Tol7outside Baltimore;to 16 in Baltimore. 3 Tol7outside w ilm ington;toi6in Wilmington. O Certain counties exem pted- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 30 COMPULSORY PART-TIME SCHOOL ATTENDANCE. The recognition of the need for providing further educational opportunities for children who have left the regular day schools and entered industrial life at an early age is shown by the passage, within the past few years, of laws requiring employed children between 14 and 16 years of age, and in some States up to 18 years of age, to attend part-time continuation schools. Twenty-seven States now have laws of this type, but only 20 of these have provisions requiring schools to be established under certain specified conditions. The attendance required in most States varies from four to eight hours weekly, to be counted as part of the child’s legal working hours. COMPULSORY P A R T-TIM E SCHOOL ATTENDANCE L A W S * A FFEC TIN G EMPLOYED CHILDREN [192.6 le g isla tion , in c lu d e d so fa r as available A u gu st 1,19 2 6 -I * E ven ingschool law s not included. Exemptions not noted. 4bEstablishment compulsory under certa in specified conditions. ■ Attendance required up to 16yea rs of a de. 9 Attendance required upto i*ryears of a g e . • Attendance required up to I8yearsof ageXln Illinois, es ta b lis h m e n t optional with loca l sch o o l a u th o r itie s ; day-sch ool a tten d a n ce law r e q u ire s a tten d a n ce at continuation sch o o l to 16; lo ca l s c h o o l a u t h o r itie s may r e q u ir e a tten d a n cetolô;inM issouri,penalty app lies only up to l6jinNewYork, sch ool fa cilities for all children under 18 subject to th e a c t m u s t b e e s t a b l i s h e d by S e p t e m b e r , 1 9 2 8.) ▲Evening-school attendance accepted as substitute* https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 31 LEGAL REGULATION OF THE EMPLOYMENT OF MINORS 16 YEARS OF AGE AND OYER. ► The employment standards illustrated by the preceding maps apply chiefly to children under 16 years of age. Many minors over that age, however, are employed who are in need of legal protection. The last census showed 221,298 girls 16 and 17 years of age employed in manufacturing and mechanical establishments— 24,467 as laborers and 185,024 as semiskilled operatives. The number of working boys of this age was somewhat larger— 366,215 in manufacturing and mechanical establishments, 130,627 as laborers, and 133,175 as semi skilled operatives. The census also showed 60,989 boys and 27,396 girls 16 and 17 years of age employed in transportation and 24,388 boys and 88,148 girls in domestic service. * A number of States have undertaken to place some safeguards around the employment of these young persons. In general, these regulations relate to employment in especially hazardous occupations, such as work in blast furnaces, manufacture of poisons, and operation of dangerous machinery; to occupations involving moral hazards, such as night messenger work; to hours of labor; and to night work.1 < 1 Regulations along these lines in effect in the various States are summarized in a leaflet entitled “ I^egal Regulation of the Employment of Minors 16 Years of Age and Over,” issued hy the Children’s Bureau, U. S. Department of Labor. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 32 10. WHAT ARE THE MINIMUM STANDARDS FOR CHILDREN ENTERING EMPLOYMENT? Minimum standards for children entering employment adopted at the Washington and Regional Conferences on Child Welfare called by the Children’s Bureau in 1919 are as follows: Age minimum. A n age minimum of 16 for employment in any occupation, except that children between 14 and 16 may be employed in agriculture and dômestic service during vacation periods until schools are continuous throughout the year. An age minimum of 18 for employment in and about mines and quarries. An age minimum of 21 for girls employed as messengers for telegraph and messenger companies. An age minimum of 21 for' employment in the special-delivery service of the U. S. Post Office Department. Prohibition of the employment of minors in dangerous, unhealthy, or hazardous occupations or at any work which w ill retard their proper physical or moral develop ment. Educational minimum. A ll children between 7 and 16 years of age shall be required to attend school for at least nine months each year. Children between 16 and 18 years of age who have completed the eighth but not the v high-school grade and are legally and regularly employed shall be required to attend day continuation schools at least eight hours a week. ( Children between 16 and 18 who have not completed the eighth grade or children who have completed the eighth grade and are not regularly employed shall attend full-time school. Occupational training especially adapted to their needs shall be provided for those children who are unable because of mental subnormality to profit b y ordinary school instruction. Vacation schools placing special emphasis on healthful play and leisure time activ ities shall be provided for all children. Physical minimum. A child shall not be allowed to go to work until he has had a physical examination b y a public-school physician or other medical officer especially appointed for that purpose b y the agency charged with the enforcement of the law, and has been found to be of normal development for a child of his age and physically fit for the work at w hich he is to be employed. There shall be annual physical examinations of all working children who are under 18 years of age. Hours of employment. No minor shall be employed more than 8 hours a day or 44 hours a week. The maximum working day for children between 16 and 18 shall be shorter than the legal working day for adults. The hours spent at continuation schools b y children under 18 years of age shall be counted as part of the working day. Night work for minors shall be prohibited between 6 p. m . and 7 a. m. Minimum wage. Minors at work shall be paid at a rate of wages which for full-time work shall yield not less than the minimum essential for the “ necessary cost of proper living, as deter mined b y a minimum wage commission or other similar official board.” During https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 33 a period of learning they may be rated as learners and paid accordingly. The length of the learning period should be fixed b y such commission or other similar official board, on educational principles only. Placement and employment supervision. There shall be a central agency which shall deal with all juvenile employment problems. Adequate provision shall be made for advising children when they leave school of the employment opportunities open to them, for assisting them in finding suitable work, and providing for them such supervision as may be needed during the first few years of their employment. A ll agencies working toward these ends shall be coordinated through the central agency. ADMINISTRATION. Employment certificates. Provision shall be made for issuing employment certificates to all children entering employment who are under 18 years of age. A n employment certificate shall not be issued to the child until the issuing officer has received, approved, and filed the following: 1. A birth certificate, or, if unobtainable, other reliable documentary proof of the child’s age. 2. Satisfactory evidence that the child has completed the eighth grade. 3. A certificate of physical fitness signed b y a public-school physician or other medical officer especially appointed for that purpose by the agency charged with the enforcement of the law. This certificate shall state that the minor has been . thoroughly examined b y the physician and that he is physically qualified for the I employment contemplated. *- 4. Promise of employment. The certificate shall be issued to the employer and shall be returned b y the employer to the issuing officer when the child leaves his employment. The school last attended, the compulsory-education department, and the con tinuation school shall be kept informed b y the issuing officers of certificates issued or refused and of unem ployed children for whom certificates have been issued. Minors over 18 years of age shall be required to present evidence of age before being permitted to work in occupations in which the entrance ages or hours are especially regulated. Record forms shall be standardized and the issuing of employment certificates shall be under State supervision. Reports shall be made to the factory inspection department of all certificates issued and refused. Compulsory-attendance laws. Full-time attendance officers adequately proportioned to the school population shall be provided in cities, towns, and counties to enforce the school-attendance law. The enforcement of school-attendance laws b y city, town, or county school authori ties shall be under State supervision. Factory inspection and physical examination of employed minors. Inspection for the enforcement of all child-labor laws, including those regulating the employment of children in mines or quarries, shall be under one and the same department. The number o f inspectors shall be sufficient to insure semiannual inspections of all establishments in w hich children are employed, and such special inspections and investigations as are necessary to insure the protection of the children. Provision should be made for a staff of physicians adequate to examine annually all employed children under 18 years of age. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 34 PUBLICATIONS OF THE UNITED STATES CHILDREN’ S BUREAU ON THE SUBJECT OF CHILD LABOR. Administration of Child-Labor Laws, Part 5: Standards applicable to the administration of employment-certificate systems. Pub lication No. 133. Administration of Laws Exempting Children from School Attendance for W ork at Home. (In preparation.) Administration of the First Federal Child Labor Law. Publication No. 78. Advising Children in their Choice of Occupation and Supervising the W orking Child. Publication No. 53. Annual Reports of the Chief of the Children’s Bureau (not available for distribution but can be found in a number of libraries). Child Labor— Outlines for Study. Publication No. 93. This publi cation presents the outstanding features of the child-labor problem arranged in study-outline form and gives reading references. Child Labor and the Welfare of Children in an Anthracite Coal Min ing District. Publication No. 106. Child Labor and the W ork of Mothers in the Beet Fields of Colorado ) and Michigan. Publication No. 115. -JP Child Labor and the W ork of Mothers in Oyster and Shrimp Canning Communities on the Gulf Coast. Publication No. 98. Child Labor and the W ork of Mothers on Norfolk Truck Farms. Publication No. 130. Child Labor in Canneries. (In preparation.) Child Labor in Fruit and Hop Growing Districts of the Northern Pacific Coast. Publication No. 151. Child Labor in New Jersey. (In preparation.) Child Labor in North Dakota. Publication No. 129. Child Labor in Representative Tobacco-Growing Areas. Publica tion No. 155. Child-Labor Legislation in the United States: Part I— Texts of Laws; Part II— Analysis. (In preparation.) Child Labor on Maryland Truck Farms. Publication No. 123. Children in Street Trades. (In preparation.) Every Child in School. Publication No. 64. Industrial Accidents to Em ployed Minors in Wisconsin, Massachu setts, and New Jersey. Publication No. 152. Industrial Home W ork of Children; a study made in Providence, , Pawtucket, and Central Falls, Rhode Island. Publication No. 100v % Industrial Instability of Child W orkers; a study of employmentcertificate records in Connecticut. Publication No. 74. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 35 References on Child Labor and Minors in Industry, 1916-1924. Publication No. 147. Supplements Publication No. 18, List of References on Child Labor. Scholarships for Children. Publication No. 51. Standards and Problems Connected with the Issuance of Em ploy ment Certificates; proceedings of the conference held under the auspices of the U. S. Children’s Bureau and the National Education Association at Boston, Massachusetts, July 5-6, 1922. Publi^ cation No. 116. Standards of Child Welfare. Separate No. 2, Child Labor. Reprint from Conference Series No. 1, Bureau Publication No. 60. (A re port of the Washington and regional conferences on child welfare called by the Children’s Bureau in 1919.) The Employment-Certificate System; a safeguard for the working v child (revised). Publication No. 56. The Minimum Wage and the Young Worker. (In preparation.) The Welfare of Children in Bituminous Coal Mining Communities in West Virginia. Publication No. 117. The Welfare of Children in Cotton-Growing Areas of Texas. Pub lication No. 134. The W orking Children of Boston; a study of child labor under a modern system of legal regulation. Publication No. 89. Unemployment and Child W elfare; a study made in a middle-west ern and an eastern city during the industrial depression of 1921 and 1922. Publication No. 125. Vocational Guidance and Junior Placement; twelve cities in the United States (in cooperation with the U. S. Employment Service). Publication No. 149. Vocational Opportunities for Minors in Milwaukee. (In prepara tion.) Vocational Opportunities for Minors in the Clothing Trades in New York City. (In preparation.) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 36 Vocational Opportunities for Minors in the Printing Trades in New York City. (In preparation.) W ork of Children on Illinois Farms. (In press.) | W ork of Children on Truck and Small-Fruit Farms in Southern New Jersey. Publication No. 132. W ork Opportunities for Minors of Subnormal M entality. (In preparation.) Charts: No. 1. State Child-Labor Standards. No. 2. State Compulsory School Attendance Standards Affect ing the Employment of Minors. Leaflets and folders: Canal-Boat Children. Children in Street Trades in the United States; a list of refer ences. Federal Control of Child Labor; a list of references. From School to W ork. Folder No. 6. Legal Regulation of the Employment of Minors 16 Years of Age and Over. Standards Applicable to Child Labor. The Present Legal Status of Child Labor in the United States. ^ Trend of Child Labor in the United States, 1913-1920. Trend of Child Labor in the United States, 1920-1923. W orking Children of Boston. (A leaflet summarizing the report published in full as The W orking Children of Boston, Pub lication No. 89.) o https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis