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U. S. DEPARTMENT OF LABOR
W. B . W ILSO N , S ecreta ry
BUREAU OF LABOR STATISTICS
ETH ELBER T STEW ART, C o m m issio n e r
BULLETIN OF THE UNITED STATES )
B U R E A U OF L A B O R S T A T IS T IC S )
MISCELLANEOUS
• • • •
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OCQ
1>|U. £ 0 0
SERIES
H I S T O R IC A L S U R V E Y O F
IN T E R N A T IO N A L A C T IO N
A F F E C T IN G L A B O R
A U G U ST* 1920
W ASHINGTON
GOVERNMENT PRINTING OFFICE
1920
CONTENTS.
Page.
Prefatory note____________________________________________________________ *
6
C hapter I.— Introduction and summary---------------------------------------------------7-20
Nature o f the international labor movement---------------------------------------- 7-10
Phases o f the m ovem ent- j.____________________________________________
11
Background o f the movement__________________________________________ 11-14
Official international action___________________________________________ 14-17
International labor legislation_________________________________________ 17-19
Enforcement o f labor treaties_________________________________________ 19, 20
C hapter II.— Historical sequence o f the movement to 1890---------------- !— 21-33
Origin o f the international labor movement---------------------------------------- 21-23
International Workingmen's Association_____________________________ 23, 24
Acts o f organizations and private individuals_________________________ 24, 25
Action by Swiss and other Governments_______________________________25-33
C hapter III.— International political labor movement___________________ 34-64
Present internation socialist organization____________________________ 35-38
Principles and significance o f the movement__________________________ 38-40
International W orkingmen’s Association______________________________40-43
International socialist and labor congresses__________________________ 43-46
First and second congresses, 1866, 1867___________________________ 43,44
Third and fourth congresses, 1868, 1869__________________________
44
Paris Commune and the International____________________________ 45,46
F ifth congress, 1872______________________________________________
46
The International in the United States________________________________
47
Period from 1873 to 1889_____________________________________________ 47-50
First International Labor Conference, 1883_______________________ 48, 49
Second International Labor Conference, 1886_____________________
49
Events preceding Congress o f 1889______________________________49, 50
The New International________________________________________________50-64
Congress o f Paris, 1889___________________________________________ 51-53
Congress o f Brussels, 1891________________________________________53-55
Congresses o f Zurich, 1893, and o f London, 1896_________________ 55-57
Congresses o f Paris, 1900, and o f Amsterdam, 1904______________57-59
Congress o f Stuttgart, 1907______________________________________ 59-61
Congress o f Copenhagen, 1910____________________________________ 61-63
Special Congress o f Basel, 1912___________________________________ 63, 64
Conclusion_____________________________________________________________
64
C hapter IV.— International trade-union movement_______________________ 65-82
Congress o f Zurich, 1897______________________________________________ 66-68
Congress of Paris, 1900_______________________________________________ 68, 69
Extent of international trade-union movement______________________69-71
International trade-union organization_______________________________
72
International trade-union conferences________________________________72,73
Conferences o f separate trades________________________________________73-82
Transport w orkers_______________________________________________ 73, 74
M in ers____________________________________________________________ 74-76
3
4
CO N TEN TS.
C hapter IV .— International trade-union movement— Concluded.
Conferences o f separate trades— Concluded.
Page.
Metal w orkers____________________________________________________ 76, 77
W ood w orkers____________________________________________________
77
Other trades______________________________________________________ 77-82
C hapter V.— Semipublic and private associations and congresses----------- 83-115
Congress o f Brussels, 1897____________________________________________ 84-86
Congress o f Paris, 1900________________________________________________87-89
International Association fo r Labor Legislation______________________ 89-103
First delegates’ meeting, Basel, September 27, 28,1901____________91, 92
Second delegates’ meeting, Cologne, September 23, 24, 1902---------92
Commission meeting at Basel, September 9-11, 1903______________ 92,93
Third delegates’ meeting, Basel, September 26, 27,1904___________93,94
Fourth delegates’ meeting, Geneva, September 27-29, 1906_______ 94-98
Fifth delegates’ meeting, Lucerne, September 28-30, 1908________ 98,99
Sixth delegates’ meeting, Lugano, September 26-28,1910________ 99-101
Seventh delegates’ meeting, Zurich, September 10-12, 1912------ 101-103
International Federation for the Observance o f Sunday------------------ 103=106
Permanent International Committee o f Social Insurance____________106-109
International Conferences on Social Insurance________________ 108,109
International Congresses on Occupational Diseases________________ 109,110
International Association on Unemployment_______________________ 110-113
International Home W ork Organization__________________________ 113-115
First International Congress, Brussels, September 15-17,1910_113-114
Second International Congress, Zurich, September 8, 9, 1912__ 114,115
C hapter VI.— Official international labor conferences and treaties,
1890-1913______________________________________________________________116-137
Conference o f Berlin, March 15-29,1890____________________________ 116-118
Intervening events, 1890-1905______________________________________ 118,119
Conference o f Bern, May 8-17, 1905_________________________________ 119-123
Negotiations among the Pow ers____________________________________ 123-125
Diplom atic Conference o f Bern, September 17-26, 1906_____________125-128
Results o f the Bern convention on night w ork_______________________ 128-132
Results o f the convention prohibiting the use o f white phosphorus. 132,133
Second International Peace Conference at The Hague, August, 1907 _ 133,134
Bern Conference, September 15-25, 1913___________________________ 134-137
C hapter V II.— Protective labor treaties________________________________ 138-162
Franco-Italian treaty, April 15, 1904________________________________138-142
Swiss-Italian treaty, July 13, 1904____________________________________
142
German-Italian treaty, December 3, 1904___________________________ 142,143
German-Austro-Hungarian treaty, January 19, 1905__________________
143
Luxemburg-Belgian treaty, April 15, 1905__________________________ 143,144
German-Luxemburg treaty, September 2, 1905______________________ 144,145
Franco-Italian treaty, January 20, 1906_______________________________
145
Franco-Belgian treaty, February 21,1906___________________________ 145,146
146
National accident insurance acts, 1901-1906__________________________
Franco-Italian- treaty, June 9, 1906_________________________________ 146,147
Franco-Luxemburg treaty, June 27, 1906______________________________
148
Franco-German understanding with reference to letters rogatory_____
148
German-Dutch treaty, August 27, 1907_____________________________148,149
Franco-British treaty, July 3, 1909_________________________________ 149,150
Hunga rian-Italian treaty, September 19, 1909_______________________150,151
Franco-Italian treaty, June 10, 1910________________________________ 151-153
Franco-Italian arrangement, August 9, 1910_________________________
153
CO N TE N TS.
5
C hapter V II.— Protective labor treaties^— Concluded.
Page.
German-Swedish treaty, May 2, 1911----------------------------------------------------153
Franco-Danish treaty, August 9, 1911_______________________________ 153,154
Swedish-Danish sick funds agreement______________________________ 154,155
Spitzbergen draft convention, January 2'6, 1912_______________________
155
German-Belgian treaty, July 6, 1912________________ _______________ 155,156
German-Italian treaty, July 31, 1912________________________________ 156-158
German-Spanish accident agreement respecting sailors, November
30, 1912, and February 12, 1913---------------------------------------------------- 158,159
Italian-American treaty, February 25, 1913_________________________ 159^ 160
Franco-Swiss agreement, October 13, 1913__________________________ 160,161
Italian-German war arrangement, May 12-21, 1915________________ 161,162
C hapter V III.— Arguments for and against international labor regula
tion ___________________________________________________________________ 163-166
Opposition from Governments, employers, and employees___________163,164
Other objections to international labor regulation__________________ 164,165
Obstacles to international action___________________________________ 165,166
A ppendix I.— Treaties and conventions affecting labor_________________167-212
Bern conventions_____________ _______________________________________167-169
Agreements as to equality o f treatment o f native and alien w orkers- 170-212
Savings bank agreements______________________________________ 170-172
Social insurance and accident compensation agreements______ 172-199
Agreements respecting the hiring o f labor_________________________ 199-212
A ppendix II.— Proposals for international action affecting labor_______ 213-294
The International___________________________________________________ 213-221
Trade-union congresses---------------------------------------------------------------------- 221-228
International Association for Labor Legislation____________________ 228-274
International High Commission-------------------------------------------------------- 274-276
International Association on Unemployment------------------------------------ 276-281
International congresses on home work____________________________ 281-286
Government proposals for the international protection o f labor___ 2S6-294
PREFATORY NOTE.
This bulletin consists of an historical survey o f international action
affecting labor, and carries the story up to 1914. It includes a brief
account o f the international political labor movement as seen in the
early International and its later organization as the International
Socialist Bureau; it describes briefly the international trade-union
movement, and the international organizations of so-called “ social
reformers ” interested in labor problems, considering particularly the
International Association for Labor Legislation; and finally it re
counts the efforts of governmental conferences to arrive at agreements
as respects the control o f labor conditions within their respective
jurisdictions. Analysis is made of the treaties and conventions entered
into by the various Governments.
The bulletin is based partly on a manuscript furnished by Mr.
Boutelle Ellsworth Low, New York City, and partly on material
prepared in this Bureau. Mr. Low’s manuscript was extensively
revised by the Bureau. The parts o f Mr. Low’s manuscript used
consist of portions of Chapters I and Y, the whole of Chapters II, V I,
V II, and V III, and the appendixes. Chapters I I I and IV and the
larger part o f Chapters I and V were prepared by Mr. Leifur Magnusson, o f the staff of the Bureau,
a
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
no.
268.
W A S H IN G T O N .
a u g u st,
1920.
HISTORICAL SURVEY OF INTERNATIONAL ACTION
AFFECTING LABOR.
CHAPTER I.— INTRODUCTION AND SUMMARY.
NATURE OF THE INTERNATIONAL LABOR MOVEMENT.
There is at present no international law of labor, nor, in fact, has
there ever been, because no code of economic principles or of legal
enactments for the protection of labor has ever been so generally
accepted as to attain to the authority of international law. That
status will be acquired when, by the common consent of civilized
nations, a specific body of protective labor measures shall be recog
nized as of universal obligation. Nevertheless, at the present time,
a system of international labor law may be said to be in the process
of making; for there exists a body of labor legislation, the result of
treaties and other international agreements, which bids fair to fulfill
at some time the conditions of international obligation.
To say that there is no international law of labor is not to say that
there has been no international law which has directly affected labor
or incidentally protected labor. Treaties have not infrequently speci
fied, or identified with international law, rules in respect to the treat
ment of aliens, sailors, or agents directly concerned with some phase
of international intercourse. Maritime codes, regulations governing
diplomatic agencies, war codes—all have rules which affect labor or
employees in some capacity or other.
But the movement to which reference is made and the laws enacted
in pursuance of it are those in which international protection of labor
is the principal motive and aim, and the measures enacted are the
result of organized propaganda to this end.
The workers first considered and thus far most directly benefited
have been employees in the manufacturing, mining, and quarrying
industries, although treaties on social insurance cover workers in
other lines of industry, particularly transportation.
7
8
SU RVE Y OF IN T E R N A T IO N A L ACTION AFF E C TIN G LABOR.
The movement is, however, constantly spreading, and it identifies
itself with any specific international undertaking that may prove a
factor in the realization of its aims, as immigration treaties, medical
congresses, organizations of social workers, socialist parties, and
others.
The movement for international labor reform has profited much
from motives other than the desire for the protection of labor, and
there are even some who regard this as the least important con
sideration connected with the movement. They maintain that the
benefiting o f the whole nation rather than of the labor element alone
is the essential motive lying underneath and behind protective enact
ments; that the purpose of each country is to conserve those of its
own industrial resources which are necessary to effective competition
in world markets and the maintenance o f its relative position and
industrial prestige.
Some believe that they have discovered in labor legislation a means
of eliminating those grievances which precipitate strikes and indus
trial crises within a nation. The more common trend of argument is
as follow s: A nation needs industry; industry needs labor; labor must
be protected or industry will fail. International competition, how
ever, becoming daily sharper, forces each nation to grind the working
class down under a load o f exhausting toil and excessive hours; to
exploit men, women, and children as instruments of cheap and abun
dant production without regard to their rights as human beings. The
inevitable consequence o f this process is either the destruction or the
serious impairment of the efficiency of the labor force, by which, in
either case, the very foundations of national industry itself are under
mined. On the other hand, if a nation places restrictions on industry
to protect labor, and other nations do not do likewise, the humane
nation is easily outclassed by unscrupulous competitors and falls
behind in the industrial race. Briefly stated, the dilemma resolves
itself into two alternatives: (1) Fail to protect labor and ultimately
ruin industry; (2) protect labor and lose industrial prestige. In any
event, the second should be recognized as the lesser of the two evils,
but when the day of reckoning can be postponed to the next genera
tion and the profits reaped in this, the temptation is to choose the first
alternative. A careful consideration o f the difficulty indicates that
the only escape compatible with the maintenance of industrial pres
tige in international markets and the salvation of national industry
is to be found in international labor agreements whose impartial
application to the competitors of every country will tend to preserve
the relative industrial standing of each in spite of any diminution of
output such protection may involve.
The conditions giving rise to the need for international labor
protection were economic and grew out of the changes effected by the
IN TR O D U C TIO N AND SU M M A R Y .
9
industrial revolution which began about 1750 in England. The do
mestic system of manufacture prevailed. The spinning of yarn and
thread, the weaving of cloth, the shaping of earthen and metal ware,
were all processes carried on in the homes of the townsmen and in
habitants of the rural districts. In some instances these products
were sold to the agents of some shipping merchant; in others, the pro
ducer went out to seek his own market. The machinery used was
very crude. The craftsman was his own master with regard to rules
of production and the ordering of his hours of labor. Master crafts
men, journeymen, and apprentices belonged to the same social class,
and every worker had the prospect of becoming a master in his own
trade some day. Between 1750 and 1800 there occurred the most
remarkable period of invention known to history. Kay produced the
shuttle drop box (1760); Watt, the improved steam engine (17611769); Hargreaves, the spinning jenny (1767); Arkwright, the roller
spinner (1769); Crompton, the mule spinner (1779); Cartwright, the
power loom (1784) ; Whitney, the cotton gin (1793); Roebuck, new
smelting processes; Lavoisier, important chemical discoveries, etc.;
and these inventions, resulting in the introduction of a large amount
of machinery, revolutionized the whole field of industry.
Viewed in historical perspective, so sudden and unexpected was
this transition, so extensive and irresistible the change, that thou
sands of the laboring masses, unable to adjust themselves to the new
regime or to compete with factories in making goods, were crushed
under a system of machinery and capital. Although certain o f the
characteristics of war were lacking, this transition has nevertheless
been termed a revolution—an industrial revolution—as momentous
in its consequences as any of the great revolutions of history and
carrying with it much destruction and misery.
Under the domestic system it had been customary for the family to
own a small plot of ground or to use the common pastures and open
fields, from which were obtained directly part of its means of sub
sistence. But contemporaneously with the industrial revolution there
occurred q, widespread agricultural inclosing movement. The home
steads and publicly used lands were consolidated by the gentry and
landowning classes into large estates and farms worked on a capital
istic basis. Wretched as had been the condition of the handicrafts
man in the domestic stage, it was far surpassed by the misery o f the
new order. Deprived of the ownership and free use of land, face to
face with the relentless competition of a new industrial era, the
workers o f the domestic system came to realize that they could not
hold their own against the factory regime; neither could the laborer
any longer look forward to the time when he could be a master in his
craft. It was necessary to have capital to purchase machinery and
other equipment with which to set up independently in business.
10
SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
That capital the laborer in general could not hope to command. An
impassable gulf existed between the employer and the employed.
Unprotected by legal enactments and at the mercy of employers
who were themselves victims of unrestrained competition, oppressed
by unjust treatment and unjust laws and by the intense selfishness of
the controlling classes in the shops and in the factories, employees
gradually developed the doctrines o f collective resistance and col
lective bargaining. Class consciousness took definite shape. Tradeunionism was evolyed. Outlawed by governments and oppressed
by courts, spasmodic, secret, timid organizations nevertheless con
tinued to increase. Between 1800 and the present time there has
been written into the legislative records of the great industrial nations
the history of the struggle to render the large-scale system of produc
tion compatible with the welfare of the wage earner. Numerous laws
have been enacted covering child labor, factory inspection, social
insurance, the work of women, the limitation of the workday, occu
pational diseases, and the like.
Different countries reflect all the different stages of the develop
ment o f labor regulation, since national and local labor legislation of
some kind kas become a common factor in the economic life of every
civilized community. More or less distinct types of labor laws have
had initial development among different national groups. In Great
Britain, France, and the United States protective labor law tended
at first to favor unskilled women and children, but in more recent years
the more highly skilled craftsmen have bettered their conditions
of employment by collective bargaining and by the exercise of
pressure on legislative bodies. Another group of countries has
been primarily concerned with the general insurance of labor against
the risks of industrial life, i. e., accidents, sickness, and disabilities
of age. This class of States is represented by Germany, Austria,
Hungary, and the Scandinavian powers. Still another group has
had marked tendencies toward a high degree of social control in the
administration of labor regulations, as is the case with Australia and
New Zealand. These two countries at first followed closely the
British factory laws, but they afterwards developed their own sys
tems of wage boards and arbitration which modified the older
factory acts greatly, and have recently influenced similar legislation
in Great Britain. While all these earlier laws were widely divergent,
the newer laws have continued to converge more and more in their
adoption of certain fundamental principles. Economists are now fully
aware that in a world of international markets and international
industrial competition there are conditions of production affecting
labor which can be most effectively controlled by international
agreement.
INTR O D U C TIO N AN D SU M M A R Y .
11
PHASES OF THE MOVEMENT.
International action affecting labor has taken shape in (1) inter
national socialist organization; (2) formation of international tradeunion bodies; (3) establishment of semipublic and private associa
tions of students and workers interested in social and political
reforms; (4) official conferences and treaties. The movement has
therefore its political and economic, as well as its scientific and
official, aspects. The international socialist organization forms the
political side of the international labor movement, the international
trade-unions its more purely economic phase, while the International
Association for Labor Legislation and kindred organizations repre
sent its nonpartisan and scientific side. The nonofficial bodies form the
background of the official phases of the movement, they develop the
motives for the action taken, and have furnished the publicity which
has spread the movement; they supply, in a word, the political and
economic sanction for the international labor movement. The efforts
of these organizations may culminate in the holding of official confer
ences and may lead to the acceptance of treaties embodying the final
judgment of governments upon the validity and practicability of the
demands of the interested parties.
BACKGROUND OF THE MOVEMENT.
I n t e r n a t io n a l
p o l i t i c a l
la b o r
m o v e m e n t .—The
Socialist Interna
tional is the present organized expression of the international politi
cal labor movement. It dates formally from 1864, when Karl Marx
and a group o f radicals organized the International Workingmen’s
Association in London. The association continued active for less
than 10 years, but was revived in 1889. Its latest international con
gress before the war was held at Copenhagen in 1910.
The International Socialist Bureau, with headquarters at Brussels,
was established in 1900, and is the permanent organization of the
national delegates. The executive committee is composed of Belgian
socialists.
Both industrial and political reforms are on the program of the
International. The resolutions of the 1910 congress are typical of
the demands of the international socialist movement. These are: (1)
A maximum workday of 8 hours; (2) prohibition of employment of
children under 14 years; (3) prohibition o f night work except when
necessary; (4) uninterrupted rest of 36 hours once a week as a mini
mum for all workers; (5) unrestricted right of free combination and
association; (6) inspection of working conditions by authorized agen
cies upon which labor is represented. In the political field the con
gress demanded ultimate complete disarmament and the abolition of
secret diplomacy.
12
SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
International trade-unionism.— Tw o aspects o f the international
trade-union movement should be distinguished. There is first the
international organization o f separate crafts and the coming together
o f such organizations into international trades secretariats; and
second, there is the organization through an international body o f
the trade-union federations, made up o f various trade or crafts o f
the various nations, whose central office is termed the International
Secretariat.
Before the war 32 trades were organized internationally, the largest
and most important being the metal workers and the miners, each o f
which had over a m illion members. In 1913 the international secre
taries o f these various international craft organizations met at Zurich,
fo r the first time. The respective trades or crafts, it should be ob
served, had hitherto been holding their independent conferences.
This joint meeting o f the secretaries, or secretariats as the offices are
termed, was another move in the direction o f greater unity o f purpose
and action in the trade-union movement. The principal purpose in
holding this conference, however, was to bring about a closer asso
ciation between the International Trades Secretariat and the In
ternational Secretariat, which represented the various trades and
federations.
Purely trade-union activities, as distinguished from political action,
have taken up the attention o f the international craft federations.
A ll o f them have favored the eight-hour day. The miners have advo
cated the nationalization o f m ines; transport workers, dock laborers,
and seamen advocate the nationalization o f the railroads and the
means o f production.
The International Secretariat mentioned above is the central execu
tive organ o f the International Federation o f Trade-Unions. It was
organized permanently in 1901. Before the war there were affiliated
with the International Federation 29 national trade-union federa
tions, together with 6 federations in the Commonwealth o f Aus
tralia— making altogether 35 affiliated federations. In addition, the
32 craft federations already described have affiliated with it. It
claimed before the war an affiliated membership o f approximately
7,400,000.
Trade-union matters have been the principal concern o f the federa
tion. Its main purpose has been to unify the labor movement. It
has on the whole represented the more prudent and conservative ele
ments o f the movement. Political unity can not be said to charac
terize it, although in most o f the European countries it represents col
lectivist policies— that is, State capitalism or socialism.
International Association for Labor Legislation.— Besides the po
litical and the trade-union organizations built up internationally by
the workman himself, individuals outside the labor movement have
IN TRODU CTION AND S U M M A R Y .
IS
organized various international bodies which have concerned them
selves in the cause o f labor reform and regulation. These are bodies
composed o f economists and interested workers in the field o f labor
reform. In no instance are labor and capital represented as such.
Am ong associations o f this kind may be mentioned the International
Federation fo r the Observance o f Sunday, Permanent International
Commission fo r the Study o f Occupational Diseases, International
Association on Unemployment, Permanent International Committee
o f Social Insurance, and the International Association for Labor
Legislation. These are frequently referred to in English under differ
ent titles according as they are translations o f the French or Ger
man designations. The forms here used are those shown in the au
thoritative publications o f the associations themselves.
The mention o f the names o f those associations carries with it a
sufficient statement o f their objects. The most important o f these
bodies is the International Association fo r Labor Legislation. This
was formed in Paris in 1900 by a group o f economists who met at the
time o f the Paris Exposition o f that date. In 1901 a permanent In
ternational Labor Office was organized. The office has a semiofficial
character. Twenty-five countries have established national branches
o f the International Association, and send delegates to its conferences;
19 o f these countries appropriated public funds fo r its support in
1913. Seven conferences have been held by the association, the latest
at Zurich in 1912, in which 22 countries participated. Various meet
ings o f special commissions have been held between sessions o f the
more form al conferences.
t The International Association for Labor Legislation has been closely
and influentially associated with the drafting and preparation o f the
international labor conventions and treaties described below. It has,
so to speak, prepared the soil and done much o f the cultivation neces
sary fo r the gathering o f the fruit o f international labor legislation.
It has prepared studies and outlined policies in such matters as the
prohibition o f night work o f women and children and o f the use o f
the dangerous white or yellow phosphorus in match manufacturing;
administration o f labor laws; protection o f workmen from accident
and disease; weekly rest day; and hours o f labor in continuous
industries.
The most recent action o f the association, taken through the Inter
national Labor Office, and without the approval o f its members, was
the submission in June, 1918, o f a memorandum requesting the in
corporation o f a program o f international labor legislation in the
final peace treaty which will form ally terminate the W orld W ar. The
proposal is that the International Labor Office shall be made the
official agency fo r the enforcement o f the international labor standards
7hich it is hoped w ill become a part o f the future constitution o f the
14
SU RVEY OF IN T E R N A T IO N A L ACTION AFF E C TIN G LABOR.
proposed Society o f Nations.1 A m ong the standards urged for inter
national acceptance were the follow in g:
(1) Minimum age of employment to be 14 years, with right to advance it, as,
for instance, in mines, to age 16.
(2) Ten-hour workday for women; a short Saturday; eight weeks’ leave for
women at time of confinement.
(3) Eight-hour shifts in mining and in establishments operating continuously.
(4) Provision of Sunday rest.
(5) Prohibition of use of poisonous substance where substitutes exist.
(6) Measures for safety of employees on railroads.
(7) Protection of seamen, on model of American seaman’s law.
(8) Protection for legal claims of workers under different social-insurance
laws.
(9) International regulation of the labor contract to prevent disputes, involv
ing (a) guaranty of recognition of right of free association and combination;
(&) legal sanction to collective agreements; (c) minimum wage regulation.
(10) Protection of immigrant labor, and limitation-upon duration of contract
for colonial contract labor, i. e., six months for mining labor and three years
for labor in agriculture and other industries.
(11) Uniform official reports concerning the enforcement of labor laws.
O F F IC IA L IN T E R N A T IO N A L A C T IO N .
Official international action limiting the hours o f labor was pro
posed by Robert Owen as early as 1818.
In 1840 Legrand, an
Alsatian manufacturer, addressed memorials to the European G ov
ernments embodying the idea o f international cooperation for the
control o f industrial conditions. In 1871 an attempt was made by
Germany and Austria to fix by agreements certain standards in labor
legislation. In 1876 Switzerland suggested the aid o f European
diplomacy, but action in the matter by Switzerland was deferred %
until 1881. In that year the Swiss National Council adopted a reso
lution, previously considered in 1880, calling upon the Federal Coun
cil to take up the matter with certain foreign Governments. The
subject was very considerably agitated in France, particularly during
1890. A s a result o f these sporadic efforts came the calling o f the
Berlin Conference o f 1890. Switzerland had in 1889 planned to call
the conference at Bern, but this action was suddenly anticipated by
Berlin, the German Government having become greatly concerned
over threatened labor disturbances, particularly the strike in the
Ruhr district.
Berlin Conference, March, 1890.1— The Berlin Conference sum
moned by the German Em peror to meet at Berlin, March 15 to 29,
1 F or th e dem an ds in d e ta il and a c r itic a l a n a ly s is o f th e ir significan ce, see M onth ly
Labor R ev iew o f th e B ureau o f L abor S t a tis tic s, N ovem ber, 1 9 1 8 , pp. 5 5 - 6 2 .
2 F rance. M inist&re des A ffaires fitrangferes C onference In te r n a tio n a le de B erlin , 1 5 - 2 9
M arch, 1 8 9 0 . P a r is. Im pr. N a tio n a le, 1 8 9 0 , 1 2 8 pp.
G reat B rita in .
F o reig n Office.
C orrespondence resp e c tin g th e proposed labor con
feren ce a t B erlin , London, 1 8 9 0 , 5 pp. (Com . No. 8, 1 8 9 0 ) .
F u rth er corresp ondence
resp ectin g the I n te r n a tio n a l Labor Conference at Berlin. L ondon, 1 8 9 0 , 1 9 4 pp. (Cum.
No. 1 6, 1 8 9 0 ) .
INTR O D U C TIO N AND S U M M A R Y .
15
1890, was the first o f four official conferences, the most recent o f
which was held in Bern in 1913. Fourteen countries were officially
represented at the Berlin Conference, namely Austria, Hungary, Bel
gium, France, Germany, Great Britain, Italy, Luxemburg, Nether
lands, Portugal, Switzerland, and the three Scandinavian countries.
The subjects for discussion embraced (1) the employment o f women
and children; (2) Sunday w ork; (3) m ining; (4) methods o f enforc
ing the resolutions adopted. The conference was purely advisory,
having authority merely to recommend terms for adoption by treaties.
No practical results emanated from it. The spirit o f international
cooperation held out as possible was, however, an earnest o f the fu
ture. Indirectly it resulted in the formation in 1900 o f the Inter
national Association fo r Labor Legislation, and was the forerunner
o f various unofficial labor congresses and conferences which inter
vened between that date and the holding o f the next strictly official
gathering.
Bern Conference of May, 1905.— Fifteen nations sent official repre
sentatives to this conference. They gathered as the result o f a re
quest from the International Association fo r Labor Legislation to the
Swiss Federal Council to consider two resolutions prepared by the
International Association. Like the earlier Berlin Conference o f
1890, this, too, was a purely advisory or technical conference. Three
methods o f procedure were open to the gathering: (1) T o conclude
definite treaties or conventions to be later ratified by the respective
Governments; (2) to draft tentative agreements, reserving the
authority to the Governments to transform these into conventions; or
(3) to pass resolutions embodying suggestions fo r the terms o f future
agreements. The second course was pursued and agreements were
drafted for the prohibition o f the importation into the respective
countries o f white or yellow phosphorus fo r the manufacture o f
matches, and defining the limits o f the night rest o f women in in
dustry.
It was now necessary to secure the ratification of the tentative
agreements by the countries interested. The Swiss Federal Council,
on June 26, 1905, proposed to the nations the calling of a conference
to proceed with this necessary ratification. About a year later it was
announced (June 14, 1906) by the Swiss Federal Council that favor
able replies had been received from Austria, Hungary, Belgium, Den
mark, France, Germany, Italy, Luxemburg, Netherlands, and Switzer
land.
Bern Conference of September, 1906.— The Bern Conference o f
September, 1906, was a formal conference called for the purpose o f
agreeing to the final terms o f the treaties tentatively drafted by the
Bern Conference o f the preceding year. Fourteen States were repre
sented. Tw o conventions were signed, final ratification being reserved
16
SU RVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
to the Governments interested. A ll o f the 14 States represented
signed the convention fo r the prohibition o f night work by women.
These States were Austria, Hungary, Belgium, Denmark, France,
Great Britain, Germany, Italy, Luxemburg, Netherlands, Portu
gal, Spain, Sweden, and Switzerland. It is noted that Norway is not
included, although it signed the draft agreements at the conference a
year earlier, while Great Britain and Sweden appear as signatories,
although not having agreed to the earlier draft conventions.
Only seven countries signed the agreement for the prohibition o f
the use o f white or yellow phosphorus in the manufacture o f matches.
These were Denmark, France, Germany, Italy, Luxemburg, Neth
erlands, and Switzerland. Five States which had signed the draft
convention o f 1905 did not sign this final agreement, namely, Austria,
Hungary, Belgium, Portugal, and Spain. Denmark, a signer in 1906,
had not signed the draft convention o f 1905. Norway, Sweden, and
Great Britain did not sign on either occasion. A number o f the coun
tries, however, which failed to sign the agreement have since passed
laws prohibiting the use o f matches made from white phosphorus.
The United States has complied with the terms o f the convention by
passing the act o f A pril 8,1912, putting a prohibitive tax on the manu
facture, sale, and export o f matches made from white phosphorus.
This method was adopted because o f the constitutional bar to legisla
tion which directly aims to destroy any industry.1
Bern Conference, September, 1913.— Again in 1913 the Swiss G ov
ernment took the initiative in urging international labor legislation
by submitting to the Governments which had participated in the 1905
and 1906 conferences a program drafted by the International Asso
ciation for Labor Legislation, which proposed the adoption o f con
ventions prohibiting entirely night work by young persons and lim it
ing to 10 hours a day the hours o f work for women and young persons.2
Delegates from Germany, Austria, Hungary, Belgium, Denmark,
Spain, France, Great Britain, Italy, Norway, the Netherlands, Portu
gal, Russia, Sweden, and Switzerland assembled at Bern September
15, 1913. The same procedure was followed as at the Bern Confer
ence o f 1905, the delegates merely drawing up tentative agreements to
be formulated into final treaty form at a later diplomatic conference
similar to the one held at Bern in 1906, after which the treaties would
be ratified form ally by the respective Governments. Such a diplo
matic conference was called by the Swiss Government for September
1 For a d iscu ssio n o f th e c o n s titu tio n a lity o f labor tr e a tie s see a r tic le by T h om as I.
P arkinson , in A m erican Labor L eg isla tio n R eview , N ew York, M arch, 1 9 1 9 .
2 T ra n sla tio n s o f th e m em oranda b y th e a s so c ia tio n on th e su b ject appear In B u lle tin
1 1 7 o f th e B u reau o f Labor S ta tis tic s, “ T h e p roh ib ition o f th e n ig h t w ork o f youn g
perso n s,” W ash in gton , 1 9 1 3 , 7 4 p p .; and B u lle tin 1 1 8 o f th e B ureau o f Labor S ta tis tic s,
“ Ten-hour m axim um w ork in g day for w om en a n d yo u n g person s,” W ash in gton , 1 9 1 3 ,
7 1 pp.
IN TR O D U C TIO N AN D SUM M ARY#
17
3, 1914. The war intervening, it was not held, so that no form al
treaties have resulted from the Bern Conference o f 1913.
IN T E R N A T IO N A L L A B O R L E G IS L A T IO N .
Various labor treaties have been entered into between different
countries. Altogether 30-odd bipartite agreements and two polypartite treaties have been signed, the latter as a result o f the Bern
Conference o f 1906.
The treaties or agreements entered into by the various nations fall
into three groups or classes: (1) Those affecting the movement o f
labor, i. e., emigration and immigration conventions; (2) those re
specting equality or reciprocity o f treatment o f native and alien
labor; and (3) those providing for uniform labor standards in the
signatory countries.
Movement of labor.— There are only a few treaties on this subject,
as it is one usually reserved to national action, and not considered
within the scope o f international control. The follow ing countries
before the war had agreements respecting the migration or recruit
ment o f alien la b or:
United Kingdom and France, October 20, 1906.
Transvaal and Portuguese Mozambique, April 1, 1909.
United States and Japan, April 5, 1911.
Spain and Republic of Liberia, May 22/June 12, 1914.
Equal treatment of alien and native workmen.— The treaties which
aim to accord to alien workmen the advantages o f the labor legisla
tion o f the country to which they migrate are at present 27 in number,
4 being savings bank agreements, 4 social insurance conventions, and
19, counting separately 3 agreements supplementary to earlier ones,
covering accident insurance or workmen’s compensation. Thus this
group o f treaties includes the larger part o f all international agree
ments.
The savings bank agreements, which frequently are parts o f the
social insurance treaties, permit nationals o f one country to transfer
without charge deposits from the savings banks o f the other country.
A specific savings banks agreement is that o f January 20, 1906, be
tween France and Italy. Treaties dealing with social and accident
insurance provisions make applicable to resident alien workmen the
terms o f the laws o f the country o f their employment or grant to non
resident dependents o f alien workmen the benefits o f the law o f the
country o f employment.
Social insurance agreements and accident insurance or compensa
tion agreements have been entered into between the follow ing States:
France and Italy, April 15, 1904.
Switzerland and Italy, July 13, 1904.
Germany and Italy, December 3,1904.
143445°— 20— Bull. 268------ 2
18
SURVE Y OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
Germany and Austria-Hungary, January 19, 1905.
Luxemburg and Belgium, April 15, 1905.
Germany and Luxemburg, September 2, 1905.
France and Belgium, February 21, 1906, and March 12, 1910.
Luxemburg and Belgium, May 22, 1906.
France and Italy, June 9, 1906, and June 30, 1907.
France and Luxemburg, June 27, 1906.
Germany and Netherlands, August, 27, 1907, and May 30, 1914.
France and United Kingdom, July 3, 1909. (Aarrangement to supplement
this, November 22, 1910.)
Hungary and Italy, September 19, 1909.
France and Italy, August 9, 1910.
Germany and Sweden, May 2, 1911.
Germany and Belgium, July 6, 1912.
Germany and Italy, July 31, 1912.
Germany and Spain, November 30, 1912/February 12, 1913.
Italy and United States, February 25, 1913.
France and Switzerland, October 13, 1913.
Besides the savings bank and the insurance conventions, there are
two special treaties, one entered into between France and Italy and
one between France and Denmark. These belong in the class o f
treaties granting equality o f treatment o f native and alien workmen
in various countries. The former, ratified June 10, 1910, provides
reciprocal protection o f children under the labor and educational
laws o f the respective countries; the latter, ratified August 9, 1911,
subjects to arbitration every issue raised between the countries con
cerning their respective labor laws. The commercial treaties o f cer
tain European countries, as, fo r instance, that between England and
Japan o f A pril 10,1913, also contain stipulations concerning reciproc
ity in the application o f all labor laws to alien and native workmen
alike.
Uniform labor standards.— Those treaties which affect labor stand
ards in the adhering countries involve a higher degree o f adjustment
between the nations concerned than those described above as being in
the nature o f comity agreements and involving no changes in domestic
standards o f labor legislation. Treaties o f the former class are also
more difficult o f adoption; in fact, only two such agreements are in
force, namely, those relating to the prohibition o f the night work o f
women and to the use o f white or yellow phosphorus in matches.
Both o f these as previously noted were signed at Bern, September 26,
1906.
The night-work agreement provided that night work in industrial
-employment should be prohibited for all women without distinction
o f age, with certain exceptions. Eleven hours shall constitute the
necessary period o f night rest, and within the 11 hours the period
from 10 p. m to 5 a. m. shall be included. The agreement applies
only to establishments having 10 or more employees.
IN TROD U CTION AND S U M M A R Y .
19
Complete suspension of the prohibition is allowed in the case o f
accidents beyond human control or by act of providence and where
loss of perishable raw materials is involved. The rest period may be
limited to 10 hours in seasonal industries and in those countries where
by law no regulations exist at present as to night work by women. In
countries outside of Europe and in colonies and protectorates, when
climatic conditions require it, the uninterrupted night rest may be
shorter than the established minimum, but a compensatory rest dur
ing the day must be accorded.
The provisions of the treaty prohibiting the use of phosphorus in
matches are simple: “ The high contracting parties bind themselves
to prohibit in their respective territories the manufacture, importa
tion, and sale of matches which contain white (yellow) phosphorus.”
As the seven countries which signed the convention bound themselves
not to import white phosphorus matches, the result has been that those
countries which continued to manufacture them for export have been
left practically without a market. This pressure consequently has
brought other manufacturing countries to adhere to the convention,
so that, except perhaps in two countries, white phosphorus poisoning
o f workers is a thing of the past.
E N F O R C E M E N T O F L A B O R T R E A T IE S .
The enforcement o f labor treaties is left to the authorities in the
countries affected, consular officers very frequently serving as interme
diaries. The French and Italian treaty o f 1904 concerning savings
banks provided for an exchange o f annual reports on the enforcement
o f its terms. The Franco-Italian treaty o f 1910 concerning reci
procity in the treatment o f children in industry required that the
two countries issue simultaneously their rules and regulations pro
vided for the enforcement o f the treaty. The German-Netherlands
treaty o f 1907 prescribed details relating to the securing o f deposi
tions and summoning witnesses. The Franco-British treaty o f 1909
and the supplementary arrangement o f 1910 provide for the assist
ance o f the British county court and the local French mayor in con
junction with the consuls o f the respective countries in determining
the facts as to insurance claims in each country. Yearly reports o f
such judicial proceedings are to be exchanged.
Tw o treaties o f 1912, those between Germany and Belgium and
Germany and Italy, concerned the carrying out o f the social insur
ance agreements and applied the same rules and regulations as apply
in civil and commercial matters. The latter treaty also defines in
greater detail than hitherto the duties o f consuls, as, for instance, re
quiring them to serve legal papers upon their absent nationals.
Arbitration in the settlement o f disputes arising out o f the enforce
ment o f international labor treaties has been provided for in the
20
SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
treaty o f 1909 between Hungary and Italy concerning accident insur
ance. The court o f arbitration created by the treaty consists o f five
persons, two chosen from each State and one, who serves as president,
is chosen by these four from a third friendly State. The arbitrators
can use the judicial processes o f either country to assist in ascer
taining the facts as to the matters in controversy.
The most advanced action providing fo r the enforcement o f labor
treaties has been proposed by Switzerland and Great Britain. In
1906 Great Britain outlined plans for a permanent commission in
connection with the application o f the two polypartite treaties o f
Bern— the prohibition o f night work by women, and o f the use o f
white phosphorus in matches. The function o f the commission was to
make investigation as to the observance o f the terms o f the treaty in
the signatory countries. The commission would then report its find
ings and recommendations to future conferences for consideration or
even fo r arbitration. Switzerland favored the proposal. It was
proposed as an alternative by France and Switzerland that the com
mission be a consultative rather than an advisory body, but even this
was objected to by some countries as an infringement upon their
sovereignty. A modified resolution was finally signed by 10 States.
CHAPTER II.— HISTORICAL SEQUENCE OF THE MOVE
MENT TO 1890.
O R IG IN O F T H E IN T E R N A T IO N A L L A B O R M O V E M E N T .1
In 1818, when the statesmen of Europe were assembled in congress
at Aix-la-Chapelle a petition, unique in its declaration that a prime
task for the Governments of Europe was the international fixation of
the legal limits of the day of work, was addressed to the congress by
Robert Owen, the noted philanthropist and social worker. Little
attention was paid to his proposal, however, and after a lapse of sev
eral decades, Mr. Owen drew up a declaration2 in which, among other
things, he said: “ * * * if you will now agree among yourselves to
call a congress of the leading Governments o f the world, inviting those
of China, Japan, Burma, etc., and to meet in London in May next, I
will, should I live in my present health to that period, unfold to you at
that congress the natural means by which you may now, with ease
and pleasure, gradually create those surroundings in peace and har
mony which shall have a perpetual good and superior influence upon
all of our race.” This proposal was not adopted.
Apart from Mr. Owen’s efforts, the idea of international coopera
tion for the control of industrial conditions was not seconded in any
signal manner 3 until a Frenchman, Daniel Legrand by name, a manu
facturer of Steinthal, Alsace, also undertook the task of impressing
upon men of affairs the urgent need of such cooperation for industrial
welfare. Imbued with the idea that in European industry there were
conditions which were not susceptible of proper regulation by the
individual action of nations, but which would readily lend themselves
1 L. C h a te la in : L a p ro tectio n in ter n a tio n a le ouvrifcre, P a r is, 1 9 0 8 , C hapters II and
III, o f w h ich th is ch a p ter is p r a c tic a lly a sum m ary ; E. M ahaim : Le d r o it in te r n a tio n a l
ouvrier, P a r is, 1 9 1 3 , p. 1 8 3 e t seq.
2 T h is sta te m e n t w a s called “A le tte r addressed to th e p o ten ta te s o f th e ea rth in w hom
th e hap p in ess and m isery o f th e hum an race are now in v ested , h u t esp ecia lly to A u stria,
France, G reat B rita in , P r u ssia , R ussia, S cand inavia, T urkey, and th e U n ited S ta te s of
N orth A m erica, because th eir pow ers are now a t peace w ith each oth er and could w ith o u t
w ar e a sily ind uce a ll th e o th er G overnm ents and people to u n ite w ith th em in p ra ctica l
m easures for th e g en era l good o f a ll through fu tu r ity .”
(S u p p lem en tary app en dix to
Vol. I o f th e L ife o f R obert Owen, pp. x - x ii, 2 0 9 - 2 2 2 .)
• A rch iv es dip lom atiques, 1 8 9 0 (2 S e r ie ), vol. 3 6, pp. 3 6 - 4 0 .
T h e idea o f in ter n a tio n a l cooperation for th e a b a tem en t o f c erta in fa c to r y e v ils w a s
exp ressed by th e F renchm an , V illerm €, w h o undertook, under th e a u sp ices o f th e A cadem y
o f S o cia l and P o litic a l Science, an inq uiry in to th e co n d itio n s o f th e lab orin g c la sse s in
th e te x tile in d u stry , and m ade h is rep ort in 1 8 3 9 . H e said, how ever, th a t such “ d isin
te r este d n ess ” w a s n o t to be counted upon, a s it w a s w ith o u t precedent.
B la n q u i in h is Cours d’e^on om ie in d u str ielle (1 8 3 8 , 1 8 3 9 ) su g g e ste d in ter n a tio n a l
tr e a tie s to reg u la te co n d itio n s o f com p etition . (S e e M ahaim , E . : L e D r o it in ter n a tio n a l
ouvrier, pp. 1 8 8 , 1 8 9 .)
21
22
SURVEY OF IN TE R N A TIO N A L ACTION AFF E C TIN G LABOR.
to such regulation under an accord o f the powers, Mr. Legrand ad
dressed various memorials to this effect (1840-1847) to the Govern
ments o f Europe, memorials which suffered much the same fate as
those o f Mr. Owen, but which were follow ed by a vigorous sequel in
the form o f a letter by their author sent not only to French authorities,
but also to the cabinets o f Berlin, St. Petersburg, and Turin. This
letter was published four times, in the years 1853,1855,1856, and 1857,
respectively. It boldly stated that the solution o f the problem o f ac
cording to the laboring classes the moral and material benefits that are
desirable must be found in international labor law, without which in
dustry suffers and the international competition o f manufacturers
escapes needed limitations; and moreover that the things principally
to be striven for comprise elementary schools; instruction o f young
workers up to the time o f their confirm ation; Sunday schools for all
ages; protection o f the moral and material interests o f the workers
by international legislation; the Gospel received into the heart and
home o f the laborer and his em ployer; Sunday rest; encouragement
o f the life and industry o f the fam ily by the State and by manu
facturers ; the extension o f the benefits o f savings banks to every lo
cality ; and old-age pension funds— concurrent with the attainment o f
all o f which it is essential that there be the firm suppression, by an
international law on industrial labor o f the evils suffered by the labor
ing people, including lack o f instruction and education, child labor
in factories, excessive labor, night work, Sunday work, and the ab
sence o f proper age limits.
In order to at least partially remedy these wrongs, the adoption o f
the follow ing measures by international agreement was advocated:
The total prohibition o f the work o f male children under 10 years o f
age and o f females under 12; the limitation o f their work to 6 hours
in 24 until 13 years o f a g e; the limitation o f the length o f the work
day to 10 hours upon their attainment o f the age o f 14, with provision
fo r a nooning o f at least one h ou r; the proper certification o f the age,
school, and employment records o f young employees; limitation o f
the work o f adults to 12 hours in 24, none o f which labor should be
required prior to 5.30 a. m. or subsequent to 8.30 p. m .; the interdic
tion o f Sunday or night work for young persons under 18 years o f age
and for females altogether; proper regulation o f unhealthy and
dangerous trades, etc. Most o f the reforms advocated by Mr. Le
grand have since become the object o f international investigation,
and some o f them, e. g., the night work o f women and old-age pen
sions, o f international enactment.
The next noteworthy expression o f this idea o f protecting labor by
measures international in scope, is found in a Swiss report addressed
in 1855 to the Cantonal Council o f Zurich by a commission o f the
H ISTO RICAL SEQUENCE OF T H E M O V E M E N T.
23
Canton o f Glarus.1 An international agreement to regulate the
length of the workday, child labor, etc., was suggested by this report,
which also pointed out that competition between spinners could not be
satisfactorily controlled without the creation, by international under
standing, * * * of greater uniformity in conditions of produc
tion ; although at that time the latter reform was considered remote.
A movement for intercantonal labor legislation which originated in
Glarus in 1852 may account for the interest shown by this Canton in
the subject o f international control.2
Soon thereafter (1856), the subject o f international labor regu
lation was introduced at an international congress o f mutual benefit
societies convened in Brussels, with the result that the idea was
discussed and officially indorsed by the congress.
In the follow ing year (1857) Germany witnessed the approval o f
the idea by a congress at Frankfort. The question attained further
publicity in that country in 1858 as a result o f the publication o f
Bluntschli’s Dictionary o f Political Science, which dealt with the
matter o f international agreement on labor regulation. In the same
year, Bluntschli and Braber, both advocates o f doctrines o f the social
ist professors, broached the question o f Sunday rest and came to the
conclusion that practical results could be obtained only by an inter
national agreement on the subject. Other German professors con
tributing to the movement were A dolph W agner and L ujo Brentano, the former proposing in his work, Rede iiber die Sociale Frage,
the protection o f labor’s class interests by international agreements
in such manner as would not be injurious to national industry, while
the latter outlined the program o f the Christian Socialist Labor Party,
championing the prohibition o f Sunday labor, the suppression o f the
factory work o f minors and married women, the placing o f certain
limitations upon the work to be required o f a worker in a day, pro
tection for national labor, and urged the starting o f a movement to
promote international labor legislation.
IN T E R N A T IO N A L W O R K IN G M E N ’ S A S S O C IA T IO N .
In 1866, the International W orkingm en’s Association, known as the
International, founded two years previous in London at a meeting o f
trade-unionists representing different countries, met at Geneva and
formulated a series o f resolutions to be thereafter included among
the demands o f labor. These resolutions embraced a maximum work
day o f two Itiours for children between 9 and 13 years o f age, o f four
hours fo r those between 13 and 15, and o f six hours for those between
16 and 17; the prohibition o f the night work o f women and o f all
1 A rch ives dip lom atiques, 1 8 9 0 (2 S e r ie ), vol. 3 6 . pp. 4 0 , 4 1 .
Idem , vol. 3 6 , p. 4 7 .
2
24
SURVEY OE IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
labor injurious to their health; a maximum workday o f eight hours
for all laborers and the prohibition of night work, exclusive of neces
sary exceptions for certain industries. The association also pro
ceeded by manifesto to proclaim its conviction of the need for inter
national labor regulation; this it continued to do in subsequent meet
ings, in which the idea of international cooperation was approved.
A C T S O F O R G A N IZ A T IO N S A N D P R IV A T E IN D IV ID U A L S .
The various trades which have held international congresses, have
held them not so much to further the enactment of international laws
for the protection of labor as to put forward measures pertaining
directly to occupational interests or to political party propaganda.
For example, since 1890, the miners have held regular international
congresses, a number of which have been under the domination of
radical socialists.
In 1868, the year after the Lausanne meeting, a French economist,
Louis Wolowski, recognizing in foreign competition a condition com
pelling the industrial exploitation of children, young people, and
women, advocated unanimity of action by the nations to remedy the
unfortunate situation, similar to the measures internationally adopted
for the suppression of the slave trade, and in 1873 submitted his idea
o f international regulation to the French National Assembly. In the
following year Mr. J. B. Dumas likewise submitted a petition to the
same assembly, embodying a similar appeal.
Three years previous (1871) Chancellor Bismarck and the Austrian
Government had failed to reach an agreement by negotiation with
reference to certain standards of labor legislation.1 Although an
incident of this character might seem to a novice like the first moves
of pawns in a game of chess, of little serious import, it was neverthe
less a portent of greater things to come.
The same truth was illustrated by events in Switzerland. Twentyone years after the seemingly fruitless manifesto from the Swiss
Canton of Glarus, Col. Frey of the Canton of Bale-Campagne, a
Swiss statesman, known in America as a volunteer in the Civil War,
afterwards as Swiss minister in Washington, and finally as President
of the Swiss Republic,2 delivered (in 1876) before the Swiss Parlia
ment, an address,8in which he raised the question as to whether it was
advisable for Switzerland to pursue the subject of the conclusion of
treaties uniformly regulating conditions of labor among the several
industrial States, presupposing of necessity sufficient elasticity in such
regulations to allow for dissimilar conditions of production among the
different countries. He assumed in common with most o f the early
1 Bulletin des Internationalen Arbeitsamtes, Vol. I l l ,
•Gifford, G e o .: U. S. Consular Reports, July, 1901.
* Archives Diplomatiquee, 1890, vol.. 36, p. 41 .
p. 9.
H ISTO RICAL SEQUENCE OF T H E M O V E M E N T.
25
protagonists of the movement that suppression of industrial compe
tition by international regulation constituted the best method of alle
viating the hard lot of labor. Subsequent events proved that this
agitation of the question was destined to produce fruitful results.
The subject was next considered by French socialists assembled in
congress at Lyon, Franee, where a resolution supporting the cause of
international labor legislation was adopted in 1877; this was followed
in 1878 by a pronouncement in Germany on the part of Baron von
Lohman favorable to international regulation to protect their in
dustry and nationals; in 1879 the Association of Christian Manufac
turers of the French district of which Lille is the capital, declared
that Governments could and ought to regulate the relations of
labor by means of international negotiations; the same body met in
Paris and repassed the resolution two years later. In 1880 delegates
of the Social Democratic Association in Switzerland announced them
selves in favor of international intervention for the protection of labor.
About this time there appeared two diametrically opposite views on
the subject from representative German authorities, Gustav Cohn,
professor at the University of Gottingen, and Lorenz von Stein, an
other advocate of the doctrines of the socialist professors, not all of
^hom, however, favored international control of labor. Lorenz von
Stein defended the idea, while Gustav Cohn maintained the down
right inapplicability of any such regulation by reason of the defects
evident in existing labor law, the great diversity in industrial and
economic conditions, and finally, the hostility of wageworkers them
selves to a system which would restrict their right to work when and
how they pleased.
A C T IO N B Y S W IS S A N D O T H E R G O V E R N M E N T S.
In December of the year 1880 a motion was made by Col. Frey be
fore the Swiss National Council that the Federal Council be invited
to enter into negotiations with the principal industrial States for the
purpose o f bringing about international factory legislation. The
next year (1881) this proposal1 received serious consideration by the
National Council without arousing any opposition; it was acquiesced
in hesitatingly, however, and demand was made that the Federal
Council be left free to choose the opportune moment for taking action
in the matter. The opinion was expressed that satisfactory negotia
tions could take place only with such States as possessed factory legis
lation similar to that of Switzerland, e. g., England and France,
whereas with a country such as Austria, which possessed little or no
similar legislation but whose industrial relation to Switzerland was o f
great importance, such negotiations must of necessity meet with gravo
1 Idem, vol. 36, p. 41 et seq.
replies.)
(This citation deals with both the proposal and the
26
SU RVE Y OF IN TE R N A TIO N A L ACTION A FFECTIN G LABOR.
difficulty and delay. The motion, so worded as to leave the time for
action wholly to the discretion o f the Federal Council, was adopted.
In deference to this invitation, the Federal Council soon afterwards
addressed to the Swiss Legations at Paris, Berlin, Vienna, Rome, and
thj Swiss consulates general at London and Brussels a note calling
upon them to procure from reliable sources such confidential informa
tion as would make it possible to know what States of Europe could
be depended upon to cooperate in the matter of international regula
tion of labor in factories, and also to obtain the information necessary
in order to determine the official proceedings best adapted to this end.
To the inquiries subsequently submitted to the various powers Bel
gium alone did not respond.
The reply from France indicated that in general the Government
deemed it outside the province of the State to interfere with contracts
between employers and employees or to curtail the liberty o f labor,
and that since such intervention was considered unwarranted nation
ally, the Government was consequently inclined to adopt an attitude
unfavorable to the international treatment of the matter.
The Imperial Government at Berlin was likewise unprepared to co
operate, as it did not approve the regulation of the matter through
treaties.
The Italian Minister for Foreign Affairs desired to know which
aspects of such a complex question were to be subjected to the pro
cedure proposed; whether the work of women and children, sani
tary conditions in workshops, strikes, large or small scale industry,
or all these phases of the problem combined were included.
The Austro-Hungarian Government exhibited great reserve with
reference to the matter. It stipulated that its participation would be
made conditional upon the preliminary receipt and examination of a
copy of the measures proposed, upon assent to the same, and upon the
certainty of the participation of the other important industrial
States; and furthermore upon condition that it might authorize its
representatives merely to take cognizance of the points recommended
by the delegates, reserving to the Imperial Royal Government itself
the ultimate decision.
The English Secretary of State for the Home Department wag
opposed, deeming it impracticable to conclude an international con
vention on the subject of factory regulation.
Thus the first official attempt on the part of a Government resulted
in failure to attain any practical result, international in scope, for the
protection of labor. Discouraged for a time, Switzerland later re
turned, with more fortunate results, to this self-imposed task. It is
fitting to remark here that to Switzerland more than to any other
State belongs the credit and honor of being the pioneer in blazing
a trail for the international regulation and protection o f labor.
H ISTO RICAL SEQUENCE OF T H E M O V E M E N T.
27
In 1882 a meeting of the organization known as “ Yerein fur Sozialpolitik ” was held at Frankfort on the Main. The men delegated to
draw up a report on the question of international factory legislation
were Gustav Cohn, whose views on the subject have already been
stated, and Dr. Franck, manufacturer of Charlottenburg, who, on
the other hand, preferred, like Lorenz von Stein, to add the weight of
his opinion in favor of the movement. He did not, however, believe in
unduly limiting the work of women and children, who ought to be
permitted to add their contributions to the family earnings to fore
stall suffering in the day of industrial crisis. In the same year,
the German Catholic Party, recognizing in the insufficiency of State
intervention in industrial relations an argument for joint effort on
the part of governments, recommended an international conference
on the problem.
Not long thereafter (1883) an assembly composed of French, Eng
lish, Spanish, and Italian representatives of labor met in Paris and
adopted a motion, introduced by delegates from English tradeunions, recommending international legislation. It was asserted that
in certain countries the organization of labor was rendered impossible
by unjust enactments, and hence it became the duty of all to uphold
the cause, to strive for the ameliorations desired, and to oppose laws
obstructing national or international legislation for the protection of
those too feeble to defend themselves against the abuses of the com
petitive system. In Switzerland, also, there occurred during the
course o f the year a meeting of labor associations which urged the
Swiss Government to continue its efforts for international law regu
latory of factory conditions, and created a commission charged with
the prosecution of the movement among the working populations of
France and Germany.
On the 25th of January, 1884, the idea of international agreement
in the administration of labor law obtained its first expression before
the French National Assembly, through Count Albert de Mun,
whose address was followed by an invitation to the Government to
make provision for international legislation not harmful to national
industry and yet preserving for each State the means of protecting
women and children against industrial evils. A t Roubaix, in the
same year, an international labor congress drafted resolutions relat
ing, among other things, to international legislation for the prohibi
tion of work of children under 14 years of age, and of night work;
also, for the safeguarding of the health o f workmen; and for an in
ternational minimum wage and a workday of eight hours.
Discussion of the question was continued in 1885 by Mr. Yaillant
before the municipal council of Paris. He contended that the means
of combating an international evil ought to be international; that
the utility of general laws, already recognised to some degree by
28
SU RVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
treaties of commerce, should be recognized in labor regulation; that
each country can supplement international regulation by particular
laws adapted to the various phases o f moral, material, and industrial
development peculiar to itself; that the essential elements of inter
national law demanded by representatives of the proletariat of all
nations have for a long time been recognized; and that as no country
can object to international legislation involving no injury to its rela
tive economic power, so no employers’ selfishness can set itself in op
position, since in this question the interests of the laboring class and
o f the capitalistic class coincide, mutual advantage resulting from the
decrease o f industrial crises and the enhanced stability of commerce.
The Paris municipal council, therefore, passed a resolution asking
the French Government to set in motion, as soon as possible, machin
ery to establish international labor regulation. In recognizing that
under an international agreement conditions best regulated locally
should remain undisturbed, Yaillant makes a point the failure to
appreciate which has caused many opponents of the movement, for
example, Mr. Leroy-Beaulieu,1 to err seriously in their reasoning. It
is o f course primarily those phases of industry involved in inter
national competition that are to be subjected to international control.
In December, 1885, a representative group of Frenchmen placed
before the committee of the Chamber of Deputies a bill indicating
willingness on the part of the French Government to accept the
overtures of the Swiss Government concerning international labor
legislation and readiness to assume the initiative, in concert with
Switzerland, in endeavoring to bring about international law that
would have for its aim the abolition of child labor under the age of
14, the limitation of the work of women and minors, the institution
of measures of hygiene and safety, accident insurance, inspection, a
normal workday, weekly rest, and an international bureau of labor
statistics.
While these matters were occupying attention in France, Bismarck
declared that a proposal in favor of protecting labor internationally,
made in the Reichstag in January, 1885, was impracticable. Mem
bers of the Social Democratic Party retaliated in the succeeding
year. Through the medium of a portion of this party, a plan was
set on foot to have the Reichstag adopt a re'solution asking that the
Chancellor of the Empire convoke a conference of principal indus
trial States for the purpose of formulating the basis of an inter
national protective labor agreement. The legal establishment of
a 10-hour workday and the suppression of night work and o f the
work of children under 14 were the particular measures recommended.
The resolution precipitated a heated discussion which served as a
1 See L. Chatelain, La Protection internationale ouvrifcre, pp. 1 5 3 -1 5 8 .
H ISTO RICAL SEQUENCE OF T H E M O V E M E N T .
29
publicity campaign, and, in conjunction with a notable publication
of that period, resulted in a reaction in public opinion in favor of the
movement.
That publication was the work of Dr. Georg Adler, fellow of the
University o f Freibvrg, and was entitled “ Die Frage des Internationalen Arbeiterschutzes.” The evils cited by this advocate of inter
national regulation included female and child labor in factories; un
due length of the workday; excessive assessments upon the wages of
unskilled laborers; unemployment, incompetence, and disability due
to disease or to accidents for which employers can not be legally
held responsible; premature and necessitous old age; and the sordid
and unhealthful homes of workmen. In general, Dr. Adler favored a
method o f so prohibiting the work of children under 13 as to insure
to them a proper degree of schooling or industrial training; a
10-hour workday for adults; cessation of night work, with excep
tions; a maximum workday of from five and one-half to six hours
for young people from 13 to 16 years of age and for married women,
which would be productive of the system known as 46half-time,” by
which one shift of such persons is employed in the forenoon and the
other in the afternoon exclusively; a maximum workday of 10 hours
for all young people from 13 to 16 years of age employed in domestic
industry; prohibition of labor on Sunday with exceptions, and also
in certain occupations dangerous to health, and especially of the
employment o f young people or females in enterprises inimical to
their health and morals; and finally, for backward countries, a period
of transition o f a dozen years, if need be, for the attainment of the
standards set.
Shortly after the appearan'ce of Dr. Adler’s work, Prof. Lujo
Brentano, of the University of Leipzig, published an article upon
“ The international regulation of industry,” in which he stated that
he believed the effects of factory legislation upon national industrial
competition would be an increase in wages; improvement in the
ability of the workers and the general quality of their work, com
pensating in part, at least, for whatever diminution of production
would be attendant upon such regulation; and the moral and physical
regeneration o f laborers. In discussing the degree of uniformity pos
sible in labor regulation between different industrial countries, he
stated that it is possible only so far as the diversity of conditions
of production, including climate, situation, peculiarities o f social
or industrial organization, financial resources, etc., o f the compet
ing countries permits. In his opinion, diplomatic pressure could
be usefully exercised only to induce each country to pass national
factory legislation compatible with its concrete conditions of produc
tion, thus preserving its capacity for competition, but, in defense of
the employee, precluding excessive competition with the industries of
30
SU RVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
other countries. For the enforcement of labor laws called for in this
plan, he suggested the device of adding to commercial treaties a
clause making the enjoyment of their advantages conditional upon
the faithful observance of the agreements entered into relative to fac
tory legislation. The obvious impracticability, or at best inferiority,
of such a scheme, as compared with methods at present in operation,
makes comment unnecessary.
On the 23d of August, 1886, an international labor congress, con
vened at Paris to debate the problems of a normal workday, adopted
a resolution urging the workers of the different countries to invite
their Governments to strive for the solution of labor’s difficulties
through international conventions. At the Congress of Montlugon,
in 1887, the trade-unions of France, voted to invite the Government
to treat with other powers for international labor legislation. In
Switzerland in the same year Messrs. Descurtins and Favon placed a
motion1 before the committee of the National Council referring to the
fact that a great number o f States either had or were in the process of
securing labor legislation similar to that of Switzerland, and con
sequently inviting the Federal Council to get into communication
with those States relative to the conclusion of treaties or conventions
on the protection of minors, the limitation of the work of women,
weekly rest, and the normal workday. There was little expectation
that such action on the part of the Federal Council at that time would
produce immediate tangible results other than to bring the subject into
the limelight o f European public opinion, although even that was con
sidered to be worth while. In 1888 the Federal Council gave its offi
cial sanction to the proposition and declared its intention of pre
senting at some future date to the States of Europe, in place o f a
general memorial, a concrete and detailed program. It hoped to
realize, in part at least, the measures recommended in the motion, to
which it wished to add the regulation of relations between employers
and employees and of hygienic conditions in factories. Any attempt
to obtain an international workday was characterized as impracti
cable for the time being. Attention was also directed to the fact that
the subject of labor control was not merely one between Governments,
but one in which the populations of the States concerned had a direct
interest and one which would be either advanced or impeded in pro
portion as these populations cooperated for the success of the move
ment or failed to do so. In further explanation of the motion the
following points were designated by special report as fundamental to
the conclusion of a satisfactory international convention, viz: The
determination of a minimum age limit for children working in fac
tories and mines, the prohibition o f the night work o f women and
‘ Archives Diplomatiques, 1890, vol. 36, p. 46.
HISTORICAL. SEQUENCE OF T H E M O V E M E N T.
31
minors, o f the work of women in certain unhealthy and dangerous
industries, and of Sunday work, and the determination of the maxi
mum workday for minors. The establishment of a central interna
tional office to transmit information with reference to the enforcement
of international conventions was also advocated by the Federal
Council.
In 1889 the Federal Council addressed a circular note1 to the Gov
ernments of Europe recalling to mind its previous unsuccessful action
in 1881, but anticipating better success on account of progress made
in the intervening period o f eight years. The question of con
current labor legislation under an international compact was again
broached. Recognition was given to the impossibility of the com
plete attainment of the ends in view by a single effort. As a begin
ning, it was thought that the international regulation of Sunday,
female, and child labor would be expedient. The convocation of an
international conference to adjudicate upon such measures, drafted in
advance for the sake of convenience, was recommended as a prerequi
site to the incorporation of such provisions into international conven
tions. Following the exchange of ratifications, such conventions
would become valid to all intents and purposes as the international
law of the powers concerned. It is noteworthy that 15 years later
this was substantially the procedure adopted for the creation of the
Bern conventions. The full program proposed in the note contem
plated the prohibition of Sunday labor and of the employment of
young people and women in undertakings dangerous or particularly
detrimental to health; the establishment of a minimum age for the
admission of children into factories, and of a maximum day’s work
for young workers; the restriction of night labor for young people
and women; and establishment o f procedure for carrying out the con
ventions concluded. This time Austria-Hungary, France, Luxem
burg, Belgium, Holland, and Portugal were favorably inclined;
Spain merely acknowledged receipt of the communication; the replies
o f England and Italy contained reservations; Russia frankly refused
to participate, finding ground for excuse in the difficulty o f uniform
regulation of labor under the diversity of conditions existing in d if
ferent parts of the Empire. Germany, Denmark, Sweden, and Nor
way sent no reply.
Switzerland had intended to convene a conference if possible in
September, 1889, but in view of the replies to her note, she decided
to postpone it to the following year. Another note2 was addressed,
however, to the ministers of the several powers previously approached,
in which the replies above cited were reviewed and notice given of
the intention to transmit a detailed program for the coming meeting,
1 Archives Diplomatiques, 1889, vol. 30, pp. 7 7 -7 9 .
a Idem, 1889, vol. 31, p. 342.
32
SU RVEY OF IN T E R N A T IO N A L ACTIO N AFF E C TIN G LABOR.
as far in advance as possible, to the powers interested. The program
was later submitted in connection with a formal invitation to the con
ference which was to be nondiplomatic in character, and to be con
vened Monday, May 5,1890, at 3 o’clock in the afternoon in the room
of the Council of State of the Federal palace at Bern, Switzerland.
The program was in the form of a long list of questions classified
according to topics.
The same year (1889) a socialist congress was convened July 14 at
Paris, where resolutions prepared by an international conference held
at The Hague February 28, 1889, were presented. The resolutions
expressed approval of the efforts of the Swiss Republic and enjoined
the cooperation o f the socialist parties and labor organizations. The
measures advocated the prohibition o f the work of children under 14
years o f age and o f night work in general; an eight-hour workday;
a Weekly day o f rest; the conservation o f health; an international
minimum wage; a system of national and international inspectors
chosen by labor and paid by the State to insure the enforcement of
the above and the extension of their supervision to home industry.
In the following August the general council of Bouches-du-Rhone
adopted a resolution by which the French Government was invited
to take the initiative in international legislation to establish a work
day of eight hours.
On February 4, 1890, the German Emperor addressed a rescript to
Bismarck, in which he stated that in view of the necessity of main
taining German industry in such a state that it could meet competi
tion in international markets he was resolved to work for the better
ment of German workers and that the only possible way to accom
plish this was through international agreements. His official repre
sentatives in France, England, Belgium, and Switzerland were there
fore ordered to ascertain whether those Governments would cooperate
with the German Government in an effort to remove the causes of
strikes and industrial unrest and, if so, to invite them to take part in
a conference to deliberate on these questions. Back of this move on
the part of the Emperor lay a period of labor unrest in Germany and
o f a severe strike in the Ruhr district.
Another rescript to Messrs. von Berlepsch and Maybach reviewed
the necessity o f further legislation on workmen’s insurance; consider
ing the means for safeguarding the health, morals, and economic
needs of factory workers; helping to maintain peace between em
ployers and workmen by making legal provision for representation
o f workers by men who would uphold their interests; affording eco
nomic protection to workers in State mines; and establishing an
inspection system in private mines. The rescript closed with the
statement that as the greatest difficulties in accomplishing these ends
were to be found in connection with foreign competition the chan
H ISTO RICAL SEQUENCE OF T H E M O V E M E N T.
33
cellor o f the Empire had been advised to bring about a conference
with other States on the subject of international regulation.
Three weeks later, on February 25, the Swiss Eepublic, suddenly,
in a circular letter,1 canceled the international conference which was
to be held at Bern. In the letter recalling the invitation to the con
ference the Swiss Federal Council pointed out that the unforeseen
coincidence of the appearance o f the German rescript on the same
day on which the questionnaire was sent out from Bern had neces
sitated consultation between Switzerland, Germany, and the other
States and that the German Government had expressed the desire
that for the present the Bern conference should be abandoned and
that the two conferences should unite.
While no reason appears for this sudden move on the part of Ger
many, who had received but had not replied to the Swiss invitation,
Switzerland, as stated in her note, apparently desired above all the
success of, rather than the honor of holding, the first great interna
tional conference of a diplomatic character which would rivet the at
tention o f the world upon the subject of international labor regula
tion. Since it was not feasible to hold both conferences she ac
quiesced in Germany’s request and cooperated with her in the formu
lation o f plans for the coming conference. It was held under the
auspices of the German Government at Berlin.
1 Archives Diplomatiques, 1890, vol. 33, pp. 373, 374.
143445°— 20— Bull. 268------ 3
CHAPTER III.— INTERNATIONAL POLITICAL LABOR
MOVEMENT.®
The Socialist International was founded originally as the Interna
tional Workingmen’s Association. The association continued active
for less than 10 years, to be revived in 1889. Its latest international
congress (the eighth) was held at Copenhagen in 1910, at which
896 delegates from 23 nations were present. The earlier association
held 10 congresses; the revived organization has held 8 regular inter
national congresses, together with a special one in 1912. The gather
ings of the International were resumed in February, 1919.
The chronological tabular statement below shows the international
congresses o f the movement up to the beginning of the war.
IN T ER N A TIO N A L CONGRESSES OF TH E IN T E R N A TIO N A L SOCIALIST MOVEMENT*
Congresses.
Place.
D ate.
G eneva, Sw itzerlan d..................................
L ausanne, S w itzerland..............................
Brussels, B elgiu m ........................................
Basel, Sw itzerlan d......................................
T h e H ague, N eth erland s..........................
Geneva, S w itzerlan d..................................
Brussels, B elgiu m ........................................
B ern, S w itzerland.......................................
Sept. 3, 1866....................
Sept. 2-8,1867................
Sept. 16-18,1868............
Sept. 5-11,1869..............
Sept. 2-9,1872................
Sept. 1-6, 1873................
Sept. 7-13, 1874..............
O ct. 26-30, 1876..............
Sept. 6-8,1877................
N u m ber
of dele
gates.
INTERNATIONAL WORKING
MEN’ S ASSOCIATION.
First ....................... .......................
Second . ......................................
T h ir d ...............................................
F o u r th ............................................
F ifth ................................................
S ix th ................................................
S ev en th .................... .....................
E ig h th .............................................
N in t h ............... ............... ..
T en th ............................................
SOCIALIST AND LABOR
FERENCES.
\G hent, B elgiu m ............................................
Chur, S w itzerland....................
Sept. 2 - 7 , 1881...........
60
71
100
0)
80
65
24
16
31
19
48
CON
First..................... •................... Paris, France.......................................... Oct. 2 9-N ov. 2 ,1 8 8 3 ...
Aug. 23-29,1886 ..........
Second......................................
Third........................................ L o n d o n , E n g la n d ........................................ Nov. 6-10,1888..............
79
170
123
1 N o t known.
a The authorities consulted in the preparation of this chapter have been principally the
follow ing:
(1) Annuaire de la Vie Internationale. Brussels, Office central des Associations Inter
nationales [1 9 1 3 ], 2,652 pp.
(2) Guillaume, Jam es: L ’ Internationale; documents et souvenirs (1864—1 8 7 8 ). Paris,
1 9 0 6 -1 9 1 0 . 4 vols.
(3 ) Periodical bulletin of the International Socialist Bureau. Brussels, 1910 to date.
(4) Archiv fur die Geschichte des Sozialismus und der Arbeiterbewegung herausgegeben
von Carl Griinberg. Leipzig, 1910 to date, quarterly.
(5) La Revue Socialiste, syndicalist© et cooperative. Paris, 1885 to date.
(6) Flint, Robert. Socialism. London, 1895. 512 pp.
(7) Jaeckh, Gustav : Die Internationale ; eine Denkschrift zur vierzigjahrigen Griindung
der Internationalen Arbeiter-Association. Leipzig, 1904. 236 [4 ] pp.
(8 ) Kulemann, W . : Die Berufsvereine. Berlin, 1913, vol. 6.
(9 ) Rae, J oh n : Contemporary socialism. New York, 1901. 555 pp.
(1 0 ) Villetard, Edm ond: History of the International, translated from the French by
Susan M. Day. New Haven, Conn., 1874. 259 pp.
34
35
IN T E R N A T IO N A L PO LITICAL LABOR M O V E M E N T .
CONGRESSES OF T H E IN T E R N A T IO N A L SO C IA LIST M O VEM EN T— Concluded.
Congresses.
P lace.
D ate.
Paris, F ra n ce .................................................
........ d o ..............................................................
Brussels, B e lg iu m .......................................
Z u rich, Sw itzerland....................................
L o n d o n , E n g la n d ........................................
Paris, F ra n ce .................................................
A m sterdam . N eth erland s.........................
J u ly 14-20,1889..............
........ d o ..............................
A u g. 16-22,1891............
A u g. 6-12,1893................
J u ly 27-Au g. 1, 189 6...
Sept. 23-27, 1900............
N um ber
oi d ele
gates.
INTERNATIONAL SOCIALIST AND
LABOR CONGRESSES.
First:
(a ) P ossib ilist.......................
(&) M a r x is t ............................
S e co n d .............................................
T h ir d ...............................................
F ou rth ..........................................
F if t h ................................................
S ix th ................................................
Seventh....................................
Eighth ....................................
Aug. 14-20,1904...........
Stuttgart, Germany............................... Aug. 18-24, 1907............
Copenhagen, Denmark.......................... Aug. 23-29, 1910 ..........
651
391
374
296
475
782
483
884
896
P R E S E N T IN T E R N A T IO N A L S O C IA L IS T O R G A N IZ A T IO N .
After the dissolution of the old International, which is the common
designation of the International Workingmen’s Association, there
followed a period (1872-1900) during which no permanent interna
tional organization existed to bind together the Socialist parties of
the individual countries. Beginning wijth 1889, the large labor con
gresses established an intermittent connection, and through this rela
tionship may be considered as a" new international. Soon, however,
the need was felt for a more closely knit organization, and a resolu
tion adopted at the London congress of 1896 declared it desirable that
a Socialist bureau with headquarters in London be established. The
congress thereupon appointed a committee which was charged with
working out a plan to be submitted to the next congress.
The congress at London also gave opportunity for holding a con
ference of the Socialist members of various parliaments. It was
determined to hold such conferences at regular intervals in the future
in order to enable the parliamentary representatives of the Socialists
to enter into closer relations and thus bring about more uniform
action in the various countries.
At the Paris congress of 1900 the schema for a permanent bureau
and an interparliamentary commission was further developed. The
congress resolved to appoint a committee to administer the permanent
bureau, composed of representatives of the Socialist parties of all
countries and charged with receiving and compiling the reports of the
individual countries and with preparing the program of the next
congress. The committee was appointed and given a salaried secre
tary with the headquarters at Brussels.
At the same time it was determined that the committee should
request the national parliamentary groups to form an interparlia
mentary commission in order to facilitate uniform procedure in deal
ing with political and economic problems. This commission was to
be linked up with the committee of the bureau. The congress of
36
SURVEY OF IN T E R N A T IO N A L ACTION AFF E C TIN G LABOR.
Amsterdam (1904) took final action in establishing an interparlia
mentary commission and provided that the headquarters o f the
commission be located at Amsterdam. Inasmuch as it was soon dis
covered that locating these offices separately in this manner unnec
essarily hampered communication and cooperation between the two,
the interparliamentary conference at London (1907) decided to make
the secretary of the permanent bueau the secretary o f the interparlia
mentary commission as well.
Originally it had been provided that each country should have one
vote in the International Bureau. The unfairness of this provision
caused the large nations to complain at the Amsterdam congress
(1904) that they were being outvoted by the small nations. The
bureau, therefore, with the approval of the congress of Stuttgart
(1907), amended its by-laws so that each country would have from. 2
to 20 votes, according to its importance. Regulations for the bureau
and the congresses, which are still in force, were fixed by this con
gress at the same time.
T h e
I n t e r n a t i o n a l
S o c ia lis t
B u r e a u .—The International Bureau
consists of two representatives from each of the adhering countries,
elected by the national sections of the congress. The members of
the interparliamentary commission are at the same time alternate
delegates to the bureau and have the right to take part in its meet
ings. The bureau has a secretary receiving an annual salary of 3,000
francs ($579), whose duty it is to obtain and compile required infor
mation, to report on the state of the socialist movement, to main
tain a library, and to publish studies on the more important socialist
problems.
To the international Socialist congresses shall be admitted.
1. All associations adhering to the essential principles o f socialism, namely,
to the socialization o f the means o f production and exchange, to international
combination and action o f the working classes, and conquest o f the public
power through the proletariat organized into a class party.
2. All trade-union organizations which believe in the principle o f the class
struggle and recognize the necessity o f political, legislative, and parliamentary
action, but do not directly take part in the political movement.
The parties and organizations o f each country shall form a national section,
which, with reservation o f an appeal to the congress, shall have authority to
determine the admission o f all parties and organizations o f the nation in
question.
In determining the number of votes several factors are taken into
consideration: (1) The number o f paying members in proportion to
the population; (2) the importance of the nation; (3) the numerical
strength of the trade-unions and cooperative societies; (4) the politi
cal power of the party as measured by its vote. According to a list
prepared by the bureau in 1906, the number o f votes assigned
to the individual countries is as follow s: Germany, Austria, France,
IN T E R N A T IO N A L PO LITICAL LABOR M O V E M E N T.
37
Great Britain, and Russia, each 20 votes; Italy, 15; United States,
14; Belgium and Sweden, 12 each; Denmark, Poland, and Switzer
land, 10 each; Netherlands and Hungary, including Croatia and Fin
land, 8 each; Spain and Norway, 6 each; Turkey, 5; Serbia, Bulgaria,
Koumania, and Argentina, 4 each; and Luxemburg, 2. Each nation
determines the distribution of its votes among the interested groups
within the nation; if an agreement as to the distribution can not be
arrived at among the groups, the International Bureau renders a
decision.
The expenses of the organization are raised through contributions
of the individual nations, but the amount of these contributions,
which is determined by the bureau, must not be less than 100 francs
($*19.30) for each vote to which the nation in question is entitled.
The International Socialist Bureau has held 12 meetings: Decem
ber 30, 1901, December 29, 1902, July 20, 1903, and February 7, 1904,
at Brussels; August 14 to 20, 1904, at Amsterdam; January 15, 1905,
March 4 and 5, 1906, and November 10, 1906, at Brussels; August 18
to 24, 1907, at Stuttgart; October 11, 1908, and November 7, 1909, at
Brussels; and September 3, 1910, at Copenhagen.
The subjects of discussion have been the programs of the con
gresses, the admission of new organizations, disputes of various
groups within the same country, persecution of the party in individ
ual countries, militarism, prevention of war through international
peace tribunals, general disarmament, relations of the party to coop
erative societies, organization of a socialistic movement among young
persons, abolition of the death penalty, immigration, international
labor legislation, unemployment, employment exchanges, and inter
national solidarity. In addition to reports made every three years,
the bureau has published in three languages various studies and an
official periodical, the Periodical Bulletin of the International
Socialist Bureau.
T h e I n t e r ' p a r l i a m e n t a r y C o m m i s s i o n .—This Commission was estab
lished through a resolution of the Amsterdam Congress of August 20,
1904. It consists of one delegate from each nation represented in the
International Bureau, which has declared its willingness to take part
in the commission. It aims to secure uniform parliamentary action
in the various countries and assists in attaining this end by the col
lection of the laws and by interchange of parliamentary discussions.
In connection with a meeting of the bureau there is held annually a
conference in which all members of the adhering parties may take
part. The members of the bureau may take part in the sessions of
the commission in an advisory capacity. The voting of the commis
sion is similar to that o f the bureau. The expenses of the commission
are raised through dues and voluntary contributions, the former
amounting to 5 francs (96.5 cents) per year for each delegate.
38
SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
The Interparliamentary Commission has held five conferences:
July 17 to 19, 1906, at London; August 17, 1907, at Stuttgart; Octo
ber 12, 1908, and November 8, 1909, at Brussels; and September 3,
1910, at Copenhagen. The following subjects were discussed: Politi
cal conditions in the individual countries, Colonial policy and treat
ment of natives, and State regulation of old-age pensions for workers.
Conferences of socialist editors have in several instances taken
place in connection with the meetings of the commission.
Socialist women have also held conferences at the time of the inter
national socialist and labor congresses, for example, in Stuttgart in
1907 and at Copenhagen in 1910. On the last-named occasion 16
nationalities were represented and resolutions were passed dealing
with the liberation of Finland, maintenance of peace, woman suffrage,
maternity benefits and insurance, and the high cost of living.
The Young Socialists are likewise organized internationally, and
an international secretariat has been established at Vienna. The first
conferences of this group occurred in 1900 at Paris and 1904 at
Amsterdam on the occasion of the regular Socialist and labor con
gresses, but were without definite results. A national congress of the
German group in 1906 prepared the way for a permanent interna
tional organization and the holding of a congress in connection with
the regular International Socialist and Labor Congresses of 1907 at
Stuttgart. The international organization of the Young Socialists
has approved the affiliation of the Young Socialist groups in Belgium,
France, Germany, Great Britain, Italy, Netherlands, Austria, Bo
hemia, Bulgaria, Spain, Denmark, Norway, and Sweden, which, in
1907, represented approximately 60,000 members. Proposals for
affiliation of this international organization with the International
Socialist Bureau were made and accepted at the Copenhagen Congress
of 1910.
P R IN C IP L E S A N D
S IG N IF IC A N C E O F T H E M O V E M E N T .
As will appear in the following pages, summarizing the proceed
ings of the more important international congresses, the international
socialist movement is far from being unified. Divergences cropped
out almost immediately upon its organization. Two wings devel
oped—the State Capitalists and the Anarchist Communists. The
former believe in the socialization of industry and the means of pro
duction through the instrumentality of the governing State; the lat
ter in their socialization through local governmental units or groups.
The believers in State capitalism are generally known as Socialists;
the Communists are the so-called Anarchists, who advocate the mini
mum of political interference in the relations of men and would reduce
all government to politically unrelated free communities. The advo
INTERNATIONAL. POLITICAL LABOR M O V E M E N T .
39
cates o f the two movements are united by their belief in the principle
of the abolition of private property for personal profit. They are at
the poles as respects methods—the Socialists favoring State control
and management; the Anarchists favoring cooperative ownership free
from the ordinary restraints of political control.
The differences between the parties within the movement have
hinged more upon methods than upon economic or political theories.
The Simon-pure socialists have emphasized the method of the State
and o f parliamentarism, while the Anarchists have stressed extraparliamentary or economic methods. The victory thus far rests with
the Socialists and the employment of parliamentary methods in secur
ing economic and political ends.
The adoption of the particular political and economic opinions
held by the members of the movement has been by a process of evolu
tion. The early workingmen’s movement was not socialistic in theory
but was gradually won over to that persuasion. The movement was
originally economic and opportunit.
The international socialist labor movement is more largely com
posed of the intellectuals than of the workingmen themselves.
France and Germany have supplied the leaders of the movement, the
larger proportion of its members, and, what is more important, the
theories underlying it. German theories and methods are fundamen
tals to the Marx wing, while French theories and methods are char
acteristic o f the Bakunin and Proudhon or anachist wings. The
Romance countries have furnished the meeting places and head
quarters of the movement. The international congresses have alter
nated between Belgium, France, and Switzerland. The hostility
of the Germans to the French leaders and their propaganda prevented
a meeting in Germany until 1907. The growing importance of the
Scandinavian countries in the socialist movement is reflected in the
holding of the eighth congress in Copenhagen in 1910.
During the recent war the antiparliamentary wing has grown con
siderably stronger, and has taken distinct shape as a separate move
ment under the name of syndicalism. It is not accident, but the
logical evolution of history, that this syndicalist branch is strongest
in the Latin countries, where Bakunin always found his largest
following. The story of this newer international secession movement,
however, as revealed in the international labor conferences of Zimmerwald, Switzerland, 1915, and Kienthal, Switzerland, 1916, is a
war-time matter outside the scope of this history.1
The significance of the international socialist and labor congresses
lies less in the resolutions adopted by them than in the fact that they
1 Since this bulletin was prepared there has appeared a special monograph on the two
rival international Socialist organizations: The two Internationals, by R. Palmo Dutt,
London, Labor Research Department, 1920.
40
SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
have made possible the entering into personal relations, interchange
of views and experiences, and the strengthening of the feeling of
community of interests and of solidarity among themselves. This
has repeatedly been emphasized by those in intimate touch with the
movement. It has been proposed that resolutions should be adopted
only on exceptional occasions and that instead the chairman of the
congress should merely sum up the views expressed by the individ
ual delegates. This proposal was based on the fact that to-day the
significance of the congresses lies predominantly in the field of public
discussion. Hence resolutions should be adopted only on important
occasions and then only when there is real unanimity. It has been
pointed out that owing to the great diversity of conditions in the
countries interested, it does not seem expedient for international con
gresses to pass finally upon social problems. The problems that claim
the attention of the congresses can not be compressed into a few
simple formulas but must be considered in connection with national
historical development. International socialism must flow through
national channels. On the other hand, if problems are hastily passed
upon, the unsatisfactory result ensues that those nations which are
inclined to live up to their obligations are less favorably situated than
are other nations less scrupulous in this respect.1
IN T E R N A T IO N A L W O R K IN G M E N ’ S A S S O C IA T IO N .
The Communist League founded at London in 1838 was the first
association which aimed to bring about a revolution of the existing
order o f the State and of society by means of an international organi-*
zation of the workers of all countries. The workers were, however,
much less represented in this league than were the intellectuals. The
league obtained considerable publicity through “ the manifesto of the
Communist Party,” composed by Karl Marx and Friedrich Engels
and issued in 1848, which ended with the words: “ Proletarians of all
countries, unite!”
Without having achieved any material results, the league dissolved
in 1850, but the ideas it represented did jiot die with its dissolution.
The W orld’s Fair o f 1862 at London offered a new opportunity for
the realization of these ideas. A t the suggestion of a French paper,
the Progres de Lyon, a committee was formed for the collection of
funds which would make it possible to send over to the London
W orld’s F air a large number of French workmen. The plan was
approved by Napoleon I I I and was carried out with State aid. Natu
rally the delegates of the French workingmen entered into relations
with the English labor leaders. A fraternization meeting was held
on August 5, 1862, at which delegates from England, France, Bel
x Kuleman, W . : Die Berufsvereine, 1913, vol. 6, pp. 230, 231.
IN T E R N A T IO N A L PO L ITIC A L LABOR M O V E M E N T .
41
gium, and Germany were present. In an address very moderate in
tone the English delegates suggested for the first time the formation
of an international workingmen’s association. They advanced the
idea that some permanent medium for the interchange o f thought be
tween the workingmen of different countries was likely to throw
light on the “ economic secrets of society” and hasten the solution
of the great labor problem. The solution of this problem had not yet
been discovered, and the socialistic systpms which had hitherto pro
fessed to solve it were nothing but magnificent dreams. Moreover,
if the system of competition continued, some more harmonious ar
rangement between employer and workmen must be devised. In
order to assert the views of the laboring class effectively in that ar
rangement, a firm and organized union must be established among
workingmen, not merely nationally but internationally, for their in
terests, both as citizens and as workmen, were everywhere identical.
These ideas constituting the basis of a very rational and moderate
program were enthusiastically received by all the delegates. A com
mittee was appointed and instructed to carry on propaganda for the
program as outlined.
The committee formed in 1862 endeavored to gain adherents in the
countries represented at the meeting of that year, but at the very first
encountered a serious obstacle in the French prohibition of combina
tion which made it very difficult to form associations in France. Not
until 1864, after this prohibition had been removed, could a decisive
step be taken. A meeting was convened in London, September 28,
1864, to which Great Britain, France, Belgium, Italy, Germany, and
Poland sent delegates. At this meeting it was resolved to form “ The
International Workingmen’s Association,” and a committee of 50 was
appointed to prepare a program and by-laws which were to be dis
cussed and decided upon by a subsequent congress.
A ll of the countries named were represented on the committee, but
the English delegates formed the majority and also furnished the
chairman. Although the English members o f the committee repre
sented the moderate element, Marx and Eccarius, the German dele
gates, who took a very radical point of view, soon succeeded in gain
ing a predominating influence in the committee. The committee also
included Proudhon, who thought to solve the social problem through
cooperative societies; Blangui, who saw in revolution the sole remedy;
Jules Simon, who expected to achieve results through education;
Mazzini, the bourgeois democrat, and Friedrich Lange and Lothar
Bucher, two academic socialists. Pronounced anarchists and nihilists
sat side by side with liberal philanthropists.
The initial difference between the moderate and radical groups in
the committee arose over the discussion o f the program. Karl Marx
42
SURVEY OF INTERNATIONAL. ACTION A FFECTIN G LABOR.
as well as Major Wolff, a supporter of Mazzini, had prepared drafts.
The former laid stress on the class character of the labor movement,
while the latter emphasized the humanitarian aspect of the problem.
A majority o f the delegates decided to adopt the draft presented by
Marx, the so-called “ inaugural address.” Through this address
Marx impressed upon the International at its birth the stamp of his
own revolutionary socialism. He never had a higher official position
in the International than corresponding secretary for Germany, for
it was determined, probably with the view of securing a better hold
on the great English working class and their trade organizations,
that the president and secretary should be English workingmen. But
Marx had the ablest, the best informed, and probably the most deter
mined mind in the committee; he governed without reigning; and
with his faithful German following he exercised a paramount in
fluence on its action from first to last, in spite of occasional revolts
and intrigues against an authority which democratic jealousy re
sented as dictatorial.1
It had been intended to hold the constituent congress in 1865 at
Brussels, but the weakness of the propaganda for the movement and
the unfavorable attitude of the Belgian Government caused the post
ponement of the congress, it being called at Geneva the next year.
While the above organization by Marx and his followers was
taking shape, Bakunin, the internationalist anarchist, was building
up a considerable influence in the Latin countries of Europe. In
1864 Bakunin founded in Italy an “ International Fraternity” or
“ Alliance of Socialist Revolutionaries,” largely to combat the nation
alism of Mazzini, who held that the interests of capital and labor
were identical, and consequently favored their closest cooperation.
In 1867 he moved to Switzerland and established the “ International
Alliance of Socialist Democracy,” which was refused admission as a
branch of the International Workingmen’s Association on the ground
that it was itself international and not a local organization, as re
quired by the laws of the latter. The Geneva branch of Bakunin’s
organization, however, was finally admitted to the International
Workingmen’s Association. Although the movements were thus
early united in form, in principle they always remained apart, a
divergence which ultimately caused a breakdown of the International
Workingmen’s Association in its political aspect.
The program of the alliance should be compared with the “ inaug
ural address ” of Marx at the first international congress of the Inter
national Workingmen’s Association, as it forms an excellent summary
o f the theory underlying the anarchist wing of the movement.
The alliance declares itself atheist; it desires the definitive and entire aboli
tion o f classes and the political equality and social equalization o f individuals
1 Rae, John : Contemporary Socialism, New York, 1901, pp. 1 5 2 -1 5 4 .
IN T E R N A T IO N A L PO LITICAL LABOR M O V E M E N T .
43
o f both sexes. It desires that the earth, the instruments o f labor, like all
other capital, becoming the collective property o f society as a whole, shall be
no longer able to be utilized except by the workers, that is to say, by agricul
tural and industrial associations. It recognizes that all actually existing
political and authoritarian States, reducing themselves more and more to the
mere administrative functions o f the public services in their respective coun
tries, must disappear in the universal union o f free associations, both agricul
tural and industrial.
IN T E R N A T IO N A L S O C IA L IS T A N D L A B O R C O N G R E SSE S.
FIRST AND SECOND CONGRESSES, 1866, 1867.
The first congress of the International Workingmen’s Association
convened on September 3, 1866, at Geneva, and was participated in
by 60 delegates from various countries. One of the principal ques
tions before the congress was whether membership should be re
stricted to workmen, as proposed by the French delegates. This pro
posal, which would have meant the exclusion of the leaders of the
movement who were not workingmen, was voted down by a large
majority.
I n a u g u r a l a d d r e s s .—The most important question discussed by the
congress was the creation of a future program of action, which hinged
upon accepting or declining the draft of Karl Marx already approved
by the committee on program. But Marx had been careful to make
in his draft only such concrete demands as anybody in favor of social
reform could have subscribed to and to express his most important
radical ideas in the preamble alone. Hence his “ inaugural address ”
was accepted as the program without considerable opposition. Its
text was as follows:
Considering that the emancipation o f the working classes must be carried
out by the working classes themselves, and that the struggle fo r the emanci
pation o f the working classes does not imply a struggle fo r class privileges and
monopolies, but for equal rights and duties, and fo r the abolition o f aU class
dom ination;
That the economic dependence o f the workingman on the monopolist for the
means o f production, the sources o f life, form s the basis o f servitude in every
form, social misery, mental degradation, and political dependence ;
That consequently the economic emancipation o f the working classes is the
great aim to which every political movement must be subordinated as a mere
means to an end;
That all endeavors directed to this great aim have hitherto failed from want
o f union between the various branches o f labor o f each country and from the
absence o f a fraternal bond o f union between the working classes o f the vari
ous countries;
That the emancipation o f labor is neither a local nor a national, but a social
problem, which comprises all countries in which the modern state o f society
exists, and whose solution depends on the practical and theoretical cooperation
o f the most advanced countries ;
That the present reawakening o f the working classes o f the industrial coun
tries o f Europe, while raising new hopes, contains a solemn warning against a
44
SURVEY OF INTERNATIONAL. ACTION AFF E C TIN G LABOR.
return to old mistakes, and demands the close connection o f the movements
which are as yet separated;
For these reasons the First International Congress o f Workingmen declares
that the International W orkingmen’s Association and all societies and individuals
connected with it acknowledge truth, justice, and morality as the basis o f their
behavior among themselves and toward all their fellow men without regard to
color, creed, or nationality. The congress regards it the duty o f each man to
demand the rights o f a man and citizen, not only fo r himself, but also for every
one who does his duty. No rights without duties, no duties without rights.
In its final resolutions the first congress limited itself to a clemand
for the maximum eight-hour day for all adult workers, and to a
declaration in support of international trade-unions. The Collectiv
ists, who were greatly in the minority, yielded in their attack upon
trade-unions which in principle accept the validity o f the present
economic system. At the second congress the Collectivists or State
socialists were able to secure the acceptance of a compromise resolu
tion favoring the socialization of the means of transportation and
communication, and to obtain a declaration against monopolies and
in recognition o f the rights of society against the oppression of mon
opolies. The cooperative societies were reproached for splitting up
the workingmen into two groups, so that the better-situated group
secured certain advantages at the expense of the group less well
situated.
THIRD AND FOURTH CONGRESSES, 1868, 1869.
The International Workingmen’s Association became definitely
State capitalist or socialist at its third congress. The radical element
put through a resolution by a vote of 30 to 4, with 15 not voting, de
manding the socialization of land and mines. The second congress
had voted for the socialization of the means of transportation and
communication. A t the fourth congress the extreme Collectivists
clinched their control by securing a condemnation of voluntary co
operative ownership, or mutualism so called, favored principally by
the French delegates. The vote on the resolution was fairly close, 32
to 23, with 17 not voting. Although thus radical on the political side,
on the economic or trade-union side these congresses made moderate
demands, for, while favoring strikes as a weapon of labor, they rec
ommended arbitration boards as the best means of settling labor dis
putes. The line of cleavage in membership is clearly shown in the
first three congresses, one group emphasizing the economic emancipa
tion of the workingman, the other the need for political domination.
Started as an economic movement among British trade-unions and
workingmen, the International gradually took on the character of a
political labor movement.
IN T E R N A T IO N A L PO L ITIC A L LABOR M OVEM EN T*
45
PARIS COMMUNE AND THE IN TER N ATIO N AL.1
The Franco-Prussian war of 1870 prevented the holding o f the
regular congress of the International set for Paris in that year. In
the meantime the Paris Commune arose to affright Europe. It was
charged that! the moving spirit in this uprising in Paris and in the
attempt at communizing the social order was the International W ork
ingmen’s Association. Undoubtedly some of its members sat in the
Paris Commune, but none of them were leaders in the Hotel de Villa
council.
The leaders of the International, however, were, undoubtedly, in
genuine sympathy with the commune, and probably approved both its
aims and its methods, and Marx, at the congress of the International,
at The Hague, September 2 to 9,1872, drew from its failure the lesson
that revolution must rest on solidarity in order to succeed. A revolu
tion in one capital must be supported by simultaneous revolutions in
others.
But, while there is little ground for the common belief that the
International had any important influence in creating the insurrec
tion of the commune, it is certain that the insurrection of the com
mune killed the International. The English members dropped out of
it and never returned. At its first congress after the revolution (The
Hague, 1872), the International itself was rent by a fatal schism
arising from differences o f opinion on the question of the govern
ment of the society of the future, which would probably not have be
come a subject of such keen interest at the time but for the Paris
Commune. The question concerned the maintenance or abolition of
the State as the supreme central political authority, and the discus
sion brought to light the fact that the socialists of the International
were divided into two distinct and irreconcilable camps—the Central
ist Democratic Socialists, headed by Marx, and the Anarchist Social
ists, headed by Michel Bakunin, the Russian revolutionist. The
Marxists insisted that the socialistic regime of collective property and
systematic cooperative production could not possibly be introduced,
maintained, or regulated except by means of a powerful centralized
political authority which should have the final disposal of every
thing. The Bakunists held that this was just bringing back the
old tyranny and slavery in a more excessive and intolerable form.
They adopted the doctrine of Proudhon, who said that 44the true
form o f the State is anarchy,” meaning by anarchy, of course, not
positive disorder, but the absence of any supreme ruler, whether king
or convention. They would have property possessed and industry
pursued on a communistic principle by groups or associations o f
l Rae, John : Contemporary Socialism, New York, 1901, pp. 1 5 2 -1 5 4 .
46
SU RVEY OP IN T E R N A T IO N A L ACTIO N APE ECTIN G LABOR.
workmen, but these groups must form themselves freely and volun
tarily, without any social or political compulsion. The Marxists de
clared that this was simply a retention of the system o f free competi
tion in an aggravated form, that it would lead only to confusion, and
that the Bakunists, in trying to abolish the evils o f free competition,
were still foolishly supposing that the world could go of itself. This
division o f opinion—really a broader one than that which separates
the socialist from the orthodox economist— rent the already weakened
International into two separate organizations.
FIFTH CONGRESS, 1872.
In order to get rid of the opposition of the Bakunists, Marx used
his influence to have the congress of 1872 held at The Hague, i. e., in a
country to which Bakunin could not go without being arrested as a
fugitive from the law, several sentences having been passed upon him.
A t this congress, held September 2 to 9, 1872, and attended by
65 delegates, the general council moved that Bakunin and his fol
lowers be excluded from the International. After a heated debate,
the motion was carried by a vote of 27 to 6, 7 not voting. The Geneva
branch o f the Bakunist alliance was finally suspended. This exclu
sion o f the Bakunist element may have been necessary to free the
International from internal strife which exhausted its strength, but at
the same time it signified a death blow to the association itself.
The Franco-Prussian War and the national hatreds growing out o f
it probably had much to do with this disruption of the International.
The Latin branches of it were partisans of the French cause. The
original founders and the controlling elements in the International
were German, and the German branches of the International had
passed resolutions in support of the seizure of Alsace-Lorraine.
Marx, however, had always been opposed to its violation. The
French members of the International were not involved in the ex
pulsion proceedings at The Hague, but did nevertheless withdraw
with the other Bakunists, although disagreeing with the latter on
some vital points of method and principle. The French, for instance,
supported the organization of labor in political parties to overthrow
the existing capitalist system, but the Bakunists refused all such
support as that implied an assent to the “ intrigues of parliament,”
as they termed it. The split into two separate organizations was now
an accomplished fact. Thus by disagreements among the working
men themselves the international solidarity of the labor movement
was broken.
IN T E R N A T IO N A L PO LITICAL LABOR M O V E M E N T .
47
T H E IN T E R N A T IO N A L IN T H E U N IT E D S T A T E S .1
A t the beginning of the seventies the International made consider
able headway in the United States. Sections had been founded in
New York, San Francisco, Chicago, New Orleans, Washington, and
other cities. During the first years of its existence it worked through
the trade-unions. After 1870 it developed more as a separate labor
group. A t the end of 1871, when the International had 30 sections in
America with a total membership of about 5,000, a Federal council
was formed. The membership was composed chiefly of alien ele
ments, but as soon as the native Americans began to take part in
the movement a great diversity in views manifested itself. Tend
encies appeared which, according to the view of the German mem
bers, diluted socialism, and finally a serious dispute arose between
sections 1 and 12, in the latter o f which the native element predomi
nated. This dispute was terminated by the dissolution of section 12
by the general council in 1872. The whole history of the Interna
tional in America has been one of continuous disputes brought about
by differences in economic beliefs and social sympathies. The Ger
man elements have leaned to the side o f Marx and the State Socialists,
while the American groups have allied themselves with the Bakuninist faction, favoring greater freedom in organization. Industrial
depression and unemployment have proved disintegrating mediums.
National interest in America has also naturally outweighed the inter
national interests o f the movement. The country is removed from
the currents o f European unrest, and within its extensive borders
and conflicting State jurisdictions labor has faced an interstate prob
lem on a scale comparable with the international problems confront
ing European labor.
P E & IO D FR O M 1873 TO 1889.
This was the period of the dissolution and decay of the Inter
national following the bitter divisions exposed at the fifth con
gress at The Hague, 1872. The last years o f the period, however,
brought a revival of the International movement in the form of a
series of three conferences, 1883,1886, and 1888, at Paris and London,
which prepared the way for the organization of the new International
in July, 1889. After 1872 the various national federations or alli
ances gradually fell away, so that the later congresses, the sixth to
the tenth (1873-1881), were merely shadows of a real international
labor movement. Once the sections were made “ autonomous,” the
individual members also began exercising their own “ autonomy.” In
1 History of Labor in the United States, by John R. Commons and Associates, New
York, Macmillan, 1918, Vol. II, pp. 2 0 4 -2 2 2 ; Zur Geschichteder Internationalen Arbeiterassociation in den l^ereinigten Staaten (Archiv fur Geschichte der Sozialismus und der
Arbeiterbewegung. Leipzig, 1911, vol. 1, pp. 458—4 7 7 ).
48
SURVEY OF IN TE R N A TIO N A L ACTION AFF E C TIN G LABOR.
Europe the International continued after a fashion as the original
organized expression of the labor movement. In England and
America by contrast it never became more than an episode in tradeunion history.
The sixth congress (September 1-6, 1873) was a dual one, the two
branches holding opposition meetings; attendance was limited, and
Marx termed the congress a fiasco. The seventh (September 7-13,
1874) and eighth (October 26-30,1876) congresses were controlled by
the Anarchist or Bakunist branch, whose membership and activi
ties had become proscribed in most of the European countries. Its
representatives came almost wholly from the Romance nations of
Europe. The ninth congress (September 6-8, 1877), attended by
anarchist members who had continued to operate from the Jurassian
Federation o f Switzerland as a center, was followed by a union con
gress (September 9-15, 1877) composed largely of members of that
congress and a group of representatives of the socialist parties o f
Austria, Germany, Switzerland, Great Britain, etc. Forty-eight dele
gates attended this congress, which is given as the ninth congress by
the new International in its official list of congresses.
The center of the movement in these years 1878 to 1889 passed to
France. In Paris the “ Cercle International,” founded in 1882, was
modeled after the old International Workingmen’s Association and
had the same aims.
While hitherto disputes between Anarchists and Socialists had pre
vented the creation of a common international organization, it was
now obstructed by schism within the Socialist Party. A t first this
schism related only to conditions in France, where differences had
developed between the Marxists and the Possibilists, as the more
moderate wing of the party was called, but it became more sweeping
when the Possibilists made common cause with the English tradeunions, and thus a further contrast between the socialistic and purely
trade-unionist point of view made itself felt.
FIRST IN TERNATIONAL LABOR CONFERENCE, 1883.
After plans for holding in the fall of 1883 an international congress
at Paris had come to naught owing to the impossibility of bringing
about an agreement among the leaders, the Possibilists (Federation
des travailleurs socialistes de France) acted independently. In agree
ment with the English trade-unions they convoked an informal inter
national conference at Paris (Oct. 29 to Nov. 2, 1883) because they
feared that the French Government would prohibit a formal congress.
The French delegates laid stress upon State action, while the British
disapproved of it and were in favor of obtaining success through ex
ploitation o f the right of combination. As the opposing factions did
IN TE R N A TIO N A L PO LITICAL LABOR M O V E M E N T.
49
not succeed in convincing each other, compromise resolutions were
adopted which took into consideration both points o f view.
SECOND INTER N ATIONAL LABOR CONFERENCE, 1886.
The proceedings of the second international conference, held at
Paris from August 23 to 29, 1886, on the occasion o f the first inter
national industrial exposition, were essentially the same as those o f
the first conference, but the program and the sphere o f representation
had been enlarged, with a view to future international action.
In addition to the French and English trade-unions, the socialistic
labor parties of Belgium, Germany, Austria-Hungary, Sweden, and
Norway had been invited and were represented, the total number
o f attending delegates being 170. But this enlargement o f the
sphere of representation brought out in a more marked manner the
differences between the English trade-unions and the Socialists. The
German representatives charged the English representatives with
the reactionary character of their attitude and questioned their right
to be considered the representatives of the entire English working
class, as they had behind them only the skilled workers, merely onetenth o f the entire English working population. In replying to these
charges the English representatives pointed to the practical results
achieved by them and attacked the purely negative attitude of the
social-democratic agitation. The English delegates, being in a de
cided minority, took part only in the discussions relating to factory
legislation and left the conference in a body before its termination.
The resolutions adopted show the spirit o f trade-unionism rather
than that of militant political action. Demand was made for interna
tional factory legislation containing the prohibition of the employ
ment o f children under 14 years, establishment of an eight-hour day,
prohibition of nightwork, protection to health and limb, factory in
spection, minimum wages, continuation schools, and the unrestricted
right of combination and association.
EVENTS LEADING TO CONGRESS OF 1889.
The conference resolved to convene an international labor con
gress at Paris in July, 1889, on the occasion of the centennial com
memoration of the French Revolution and charged the French Labor
Party with the task of preparing for it. But before this plan took
shape, the English Trade-Union Congress at Swansea on September
11,1887, resolved to hold an international congress at London during
1888. After the experiences at Paris with the admission of the polit
ical socialistic element, it was resolved that in order to avoid similar
disturbances only such delegates should be admitted as were members
143445°—20—Bull. 268------4
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o f labor organizations and were being sent to the congress at the
expense o f their organizations. It was expected that this measure
would keep away professional agitators and parliamentarians. This
“ reactionary ” resolution was received with great indignation by the
German and Austrian Social Democrats. They pointed out that
their national laws prevented them from complying with the English
demand and that international factory legislation concerns political
as well as trade-union organizations. Their demand that the parlia
mentary representatives o f a labor party be admitted as labor repre
sentatives without qualifications and their offer to give up the inter
national congress set for the year 1889 were declined. Hence the
Social Democratic faction of the German Reichstag issued a man
ifesto on March 1, 1888, in which it advised against the sending o f
delegates to the English congress and announced that in agreement
with labor representatives of other countries it would convoke a gen
eral labor congress in 1889.
London Congress, 1888.—The congress was nevertheless held at
London from November 6 to 10, 1888. England was represented by
79 delegates, France by 18, Holland by 13, Belgium by 10, Denmark
by 2, and Italy by 1. O f the English delegates 15 were considered to
be Socialists, and as all the foreign delegates were socialists and the
voting was to take place by nationalities a Socialist majority was
assured from the outset. So while the congress was dominated by
purely trade-union elements, and has been termed the first real tradeunion congress, nevertheless it was politically a Socialist congress.
In demanding an eight-hour day it was declared that such action
should be through the State and that trade-union organization was
yet too weak to secure that end. The proposal by a French anarchist
to force the granting of the eight-hour day through a general strike
was overwhelmingly rejected.
T H E N E W IN T E R N A T IO N A L .
The conferences of 1883, 1886, and 1888 paved the way for a new
rapprochement o f the political labor groups of the various coun
tries. The violent anarchistic elements had lost their predominating
influence within it. The beginning of social reform legislation, as
heralded by the factory acts of Great Britain, gradual improvement
in the standards of living caused by greater production under a ma
chine economy, and perhaps the opportunities offered in America had
served to abate the demands and violent methods of oppressed labor.
Beginning with 1889 congresses of the international political labor
movement have been held about every three years. The last regular
congress convened at Copenhagen in 1910, and a special one met in
1912 at Basel. The congresses have been renewed since the war, one
having been held at Bern, Switzerland, February, 1919.
IN T E R N A T IO N A L PO L ITIC A L LABOR M O V E M E N T .
51
CONGRESS OF PARIS, 1889.
The French Possibilists convoked an international labor congress
at Paris for July 14, 1889. The invitations to this congress stated,
however, that the examination of credentials would be effected by
nationalities. This led the Marxists to believe that they would be
excluded from the congress as the Possibilists had a majority in the
French Labor Party. They therefore disputed the right of the Possibilists to convoke a congress and on their part resolved to convoke an
opposition congress claiming that they had been charged with the
convocation of a congress by two French trade-union congresses.
In order to settle the dispute a conciliation conference was ar
ranged for at The Hague for February 28,1889, by the Social-Demo
cratic faction of the German Reichstag, which was attended by two
delegates from each of the following countries: Germany, Belgium,
Netherlands, France, and Sweden. But this conference failed to
settle the question under discussion and the Marxists called an oppo
sition congress for July 14, 1889. On that day both congresses were
opened at Paris and both were in session up to July 20. Before the
sessions were over the two had formed a rapprochement and agreed
to hold their next congress together at Brussels in 1891.
M a r x i s t c o n g r e s s .—The Marxist congress was attended by 391 dele
gates, of whom 221 were from France, 81 from Germany, and 22 from
Great Britain. The 19 countries represented were France, Germany,
Great Britain, Belgium, Austria, Hungary, Russia, Netherlands,
Sweden, Norway, Denmark, Switzerland, Poland, Spain, Roumania,
United States, Portugal, Bohemia, and Bulgaria. The English tradeunions were represented only at the Possibilists’ congress, while Eng
lish Socialists attended both congresses. Aside from disturbances
caused by Anarchists, which ended with their forcible removal, the
first five days were spent in negotiations with the Possibilists and in
listening to reports o f the delegates as to conditions in the individual
countries, so that on the last day of the congress there was no time left
to discuss the proposals submitted by delegates and they had to be
voted on without discussion.
The principal subject of discussion was protective labor legislation.
The resolution dealing with this made the following demands:
1. A maximum eight-hour day fo r juvenile workers.
2. Prohibition o f industrial employment fo r children under 14 years o f age,
and curtailment o f the daily hours o f labor o f young persons 14 to 18 years o f
age to six hours.
3. Prohibition o f night work, except fo r some branches o f industry the nature
o f which requires continuous operation.
4. Prohibition o f the employment o f women in all industries in which the
method o f operation has injurious effects upon the organism o f women.
5. Prohibition o f night work fo r women and juvenile workers under 18
years o f age,
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SURVEY OP IN T E R N A T IO N A L ACTIO N A FFECTIN G LABOR.
6. One uninterrupted weekly rest period o f at least 36 hours fo r all workers.
7. Prohibition o f those branches o f industry and methods o f operation which
are injurious to the health o f the workers.
8. Prohibition o f the truck system,
9. Prohibition o f wage payment in foodstuffs and o f company stores, can
teens, etc.
10. Prohibition o f the sweating system.
11. Prohibition o f private employment offices.
12. Inspection o f all workshops and industrial establishments, inclusive o f
homeworking establishments, through factory inspectors paid by the State and
o f whom at least one-half shall be elected by the workers.
For the application of these measures the congress recommended
the conclusion o f international treaties and at the same time ap
pointed an executive committee of five members, which was instructed
to carry on propaganda for the demands of the congress at the inter
national conference on labor legislation proposed by the Swiss Gov
ernment (see p. 31). The committee was also charged with promot
ing agitation for the eight-hour day and with the publishing for this
purpose o f a special weekly paper under the title “ The Eight-Hour
Day,” and finally it was authorized to convoke the next international
labor congress.
A motion made by a Dutch delegate and supported by the ma
jority o f the French delegates recommending the general strike as a
means o f bringing about the social revolution, and particularly the
so-called military strike, i. e., the general refusal o f the working
classes to bear arms in case of the outbreak of war, was rejected by a
large majority after a heated discussion.
The other resolutions related to the abolishing of standing armies
and the introduction of a national militia, unrestricted right o f com
bination and association, and equal pay for workers without distinc
tion of sex and nationality. One resolution in particular requested the
workers to endeavor to secure for themselves political power and
political suffrage and to join the Socialist Party.
Finally the congress adopted the following resolution with respect
to the establishment o f a general labor holiday:
A great international demonstration shall be organized fo r a fixed date in
such a manner that the workers in all countries and in all cities shall simulta
neously on a specified day make a demand on the public powers to legally fix the
duration o f the w orkday at eight hours and to put into application the other
resolutions o f the international congress at Paris.
In view o f the fact that such a demonstration has already been resolved upon
fo r May 1, 1890, by the American Federation o f Labor at its congress at St.
Louis o f December, 1888, that point o f time shall be fixed as the day fo r the
international demonstration.
The workers o f the various nations shall organize this demonstration in a
manner suited to the conditions in their country.
P o s s i b i l i s t s 5 c o n g r e s s .—The congress of the Possibilists was at
tended by a total of 651 delegates, o f whom 477 were from France, 42
IN T E R N A T IO N A L POLITICAL LABOR M O V E M E N T.
53
from England, 35 from Austria, and 66 from Hungary. The Eng
lish trade-unions sent 17 delegates in defiance of the recommenda
tions of the parliamentary committee. The trade-unions were here
more largely represented than at the Marxist congress, 136 French
local unions having sent delegates.
At this congress, as at the Marxist congress, international protective
labor legislation was the principal subject of the discussions, including
especially curtailment of the hours of labor, child and woman labor,
night and Sunday work. The resolutions adopted were also similar
to those of the Marxist congress. Additional demands were made for
double pay for overtime and its limitation to four hours per day, co
operative workshops run by the workers and subsidized by the State
or commune, regulation of poorhouse and prison labor and its ex
ploitation for the requirements of the State, determination by the
industrial boards of a minimum wage, having regard for cost-ofliving conditions of the country, introduction of civil and criminal
liability of employers in case of accidents, and old-age and invalidity
insurance.
With respect to the form and method of international organiza
tion the Possibilist congress was more specific than the Marxist con
gress. The following resolution was adopted:
1. Permanent relations shall be established betw een-the socialistic organi
zations o f the various countries, but these relations shall in no instance and
under no pretense endanger the autpnomy o f the national groups, as the latter
are best fitted to determine the policies to be follow ed in their own country.
2. All trade-unions and trade federations shall be requested to organize
nationally and internationally.
3. The creation o f an international journal fo r the socialistic parties o f the
various countries, published in several languages, shall be taken under con
sideration.
4. All organizations shall furnish identification cards to their migrating
members so that they may be recognized in all countries by their fellow
workers.
5. National commissions shall be created in each country wherever such
commissions do not ex ist; they shall maintain international relations among
the trade-unions and in the political field. It shall be the duty o f these com
missions to receive, translate, and transmit to the interested circles communi
cations on the social and economic conditions o f workers sent to them.
Finally the congress resolved that the workers of the individual
countries should request their Governments to curb by law all com
bines and trusts which aim at the monopolization of raw materials
and foodstuffs or the exploiting of the workers. The workers were,
moreover, urged to oppose the combinations of employers with their
own combinations.
CONGRESS OF BRUSSELS, 1891.
The second international labor congress, held at Brussels August
16 to 22,1891, can rightly claim to have been the first common parlia
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SURVEY OF IN T E R N A T IO N A L ACTIO N AFF E C TIN G LABOR.
ment o f the new social democracy. It represented both tradeunionists and the two factions of socialists. There were present 187
Belgian delegates and a like number of foreign delegates, among
whom 65 were from France, 28 from England, and 40 from Germany.
International protective labor legislation again formed the chief
subject of the discussions. After the delegates had given an account
of conditions in the individual countries a resolution was adopted
expressing disappointment over the insignificant successes achieved
by the Berlin conference on labor legislation (see p. 118) and request
ing the workers o f all countries to continue to make investigations
and to communicate to each other the results.
Great differences of opinion arose over the question of international
organization. The Belgians and part of the French delegates made
the most radical demands. Their plan was to have every nation ap
point a committee, these committees to combine into a common organi
zation. They founded their demand on the assertion that the workers
must discontinue to be workers of this, that, and the other nation and
become workers of the world.
The majority of the French and the English delegates were in ac
cord with the fundamental idea that the international combination
of capital must be opposed by one of labor and hence demanded that
trade-unions should be founded everywhere and that all workers
should join them and work for the abrogation of all laws restricting
the right of combination. They wanted, however, to limit the inter
national organization to the establishment of national trade-union
secretariats which should interchange reports and thus prepare the
next step, the establishment o f international trade-union federations.
The German delegates declared that their laws would not permit the
establishment of an international organization, but on the request of
the French delegates consented to vote the creation' o f national' secre
tariats. Finally the congress adopted the following resolution:
In view o f the present economic conditions and o f the aim o f the ruling
classes o f steadily placing on a low er level the political rights and the
economic situation o f the workers, strikes and boycotts must be considered in
dispensable weapons fo r the working class, first fo r repelling the endeavors o f
its adversaries directed tow ard injuring it m aterially and politically, and
secondly fo r improving as much as possible its social and political situation
within the civic society.
But since strikes and boycotts are two-edged weapons, which, i f employed at
the wrong place and at the w rong time, can harm rather than promote the in
terests o f the working class, the congress recommends to the w orkers careful
consideration o f the circumstances under which they intend to make use o f
these weapons. In particular the congress considers it urgently necessary that
for keeping up this struggle the working class should organize into trade-unions
so as to be able to attain its aims through the weight o f numbers as well as o f
material means.
IN T E R N A T IO N A L PO L ITIC A L LABOR M O V E M E N T .
55
Based on this point o f view the congress recommends to the workers strong
support o f the trade-union organizations. Inasmuch as international central
organization o f the working classes, however desirable such organization would
be, is at present made impossible by a number o f varied difficulties, the con
gress resolves to provide the workers in the various countries with a common
means fo r solidarity by recommending that in each country where this is pos
sible a national workmen’s secretariat be created in order that whenever a
conflict arises between capital and labor the workers o f the different nation
alities may be notified thereof, so that they may take suitable measures.
At the same time the congress protests against all attempts o f Governments
and tlie employers to restrict in any manner the right o f combination o f the
workers. For the safeguarding o f the right o f combination the congress de
mands the abrogation o f all laws restricting the right o f combination and the
punishment o f those who prevent workers from exercising this right.
With respect to the May-day celebration the congress adopted the
following resolution:
In order to preserve to May 1 the specific economic character o f the demand
fo r the eight-hour day and o f the m anifestation o f the class struggle the con
gress resolves:
The first day o f May shall be a common holiday o f the workers o f all coun
tries, on which the workers shall manifest the community o f their demands and
their solidarity. This holiday shall be a rest day in so fa r as conditions in the
individual countries do not make this impossible.
A motion by a delegate from the Netherlands proposing the mili
tary strike as a means for preventing war was rejected, and in its
place a resolution condemning militarism was adopted. Further
resolutions demanded abolition of piecework and of the sweating
system, and the same civil and political rights for women as for men.
An invitation to hold the next congress at Chicago was declined and
a resolution passed to hold it in Switzerland in 1893.
The Brussels Congress represents some initial progress in bringing
about unity among all workers. It emphasized trade-unionism, al
though some elements in it still favored the general strike and mass
action to secure political ends.
CONGRESSES OF ZURICH, 1893, AND OF LONDON, 1896.
The question of the exclusion of the Anarchists and the establish
ment of an international trade-union policy were the most important
subjects dealt with in these two congresses. During the period of
serious economic depression which ended in 1896 the Anarchists had
been particularly active, but following their expulsion from the Lon
don congress in that year the question of their admission to succeed
ing congresses has not arisen.
At the Congress of Zurich, August 6 to 12,1893,296 delegates repre
sented the various trade-union and socialist organizations in England,
France, Belgium, Austria, Germany, Italy, and Switzerland. At a
preliminary conference held in Brussels earlier in the year an in vita-
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SURVEY OF IN T E R N A T IO N A L ACTION A FF E C TIN G LABOR.
tion designed to exclude the Anarchists and the German Independent
Socialists had been framed, but the Anarchists appeared at the con
gress, notwithstanding, and had to be forcibly expelled. A t the Lon
don conference held three years later, July 27 to August 1, 1896, the
question of their participation was the subject of violent debates dur
ing the sessions of the first three days and resulted finally in a vote,
by a large majority, for their exclusion. This congress was the
first Socialist and labor congress in which the British trade-unions
took part officially. The countries represented besides Great Britain
were the United States, Australia, Austria, Belgium, Bohemia. Bul
garia, Denmark, France, Germany, Netherlands, Hungary, Italy, P o
land, Portugal, Russia, Roumania, Spain, Sweden, and Switzerland.
The attitude of this and the preceding congress toward the tradeunion problem is shown in the following summarization o i the reso
lutions adopted covering this subject.
Although the ultimate socialization of all the means of production,
including the land and agencies of distribution, was aimed at, it was
considered by the congress that this could be attained only through
the organization o f the workers into trade-unions, and that as a sys
tem of legislative measures was necessary to carry out such a pro
gram it was essential that the trade-unions seek to gain political con
trol. National trade-unions and a central trade-union commission
to collect statistics about the labor market to assist in effecting a uni
form international movement were advocated. It was considered
essential that differences in the political views of the workers should
not be allowed to interfere with united action in the economic strug
gle and that education of their members by labor organizations in the
truths o f social democracy was therefore necessary. Female workers
were to be admitted to trade-union membership and the principle of
equal pay for equal work established; there was to be no demand on
the part of labor for restriction of the immigration o f aliens, and
every effort should be made to enroll workers coming from other
countries as members o f trade-unions and to prevent their working
for less than trade-union wages. Strikes and boycotts being con
sidered necessary to attain the objects of trade-unions, thorough
organization of the working classes was therefore indispensable, and
in the case of strikes or boycotts the trade-unions of all countries
should assist one another according to their means.
The immediate demands of labor were to be limited to the legal
eight-hour day, the abolishment of the sweating system, legislative
protection for workers not employed in factories, workships, etc., and
recognition o f the right of organization of both sexes; while in the
near future cooperation of the proletariat to secure abolition of all
tariffs, duties on articles of consumption, and export premiums, and
IN T E R N A T IO N A L PO LITICAL LABOR M O V E M E N T .
57
enactment o f international factory and labor protection laws would
be sought.
The attitude of the congress as embodied in these resolutions was
changed and reshaped at the congress held at Stuttgart in 1907. On
other economic and social matters the congress reiterated the cus
tomary viewpoints.
CONGRESSES OF PARIS, 1900, AND OF AMSTERDAM, 1904.
It had always been tjhe policy of the socialist parties in Europe to
withhold cooperation with the other political parties. No compro
mise with their principles was to be permitted. They were deter
mined upon waging an independent fight with the parties of the socalled bourgeois or propertied classes in the State. Their aim was the
conquest through the ballot of political power in the State. Socialist
leaders were frequently forbidden to accept administrative offices in
the Government. The more moderate wing of the Socialists, how
ever, favored a more opportunist policy of accepting on occasion
such crumbs o f power as might fall to them. That group became
known as the Possibilists or Revisionists. These divisions within the
Socialist ranks were the most pronounced in France, and began there
as early as 1877.
These differences in point of view within the political ranks of
labor formed the principal topics at the congresses of 1900 and 1904.
The discussion was precipitated by the acceptance of a position by the
Socialist Millerand in the Waldeck-Rousseau ministry in France in
1899. The opposing French parties, the moderates led by Jaures
(1859-1914), the radicals by Guesde (1845), strove to send as
many delegates as possible to the labor congresses. Thus, of 782
delegates at the Congress of Paris (1900), 473 were French, repre
senting 2,080 organizations from France, and 309 were from other
countries. A t the Congress of Amsterdam (1904) the German dele
gates took the leadership in raising and contesting the issue.
The 1900 congress accepted a compromise resolution introduced by
Kautsky, a German delegate. The entrance of socialists into the
cabinets of the other political parties was neither expressly for
bidden nor sanctioned. It was considered merely as a temporary
expedient, and that it must*be approved by the party. In other
words, the policy to be followed was left to each national group.
In 1903 a division took place within the ranks of the German party
group and the Moderates or Revisionists favored the participation
of the party in governmental power. The Revisionists were defeated
at the national congress at Dresden and the struggle was transferred
to the international congress of 1904. The leading speakers o f the
International took part in the debate—Bebel, Jaures, Vandervelde,
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SU RVE Y OF IN TE R N A TIO N A L ACTION A FFECTIN G LABOR.
Ferrie, Adler, Anseele, and Guesde. Jaures defended his position in
France. He endeavored to prove that it was impossible to use the
same political tactics in all countries. There was, he maintained, an
essential difference between the political methods to be adopted in a
republic and those necessary in an autocracy. He claimed that the
very helplessness of the German party was adequate reason for their
adoption o f an uncompromising and hostile attitude toward the gov
erning and all other parties. On the contrary, the power exercised
by the proletariat in a republic forced it to accept a responsible part
in government. Pleading for Millerand, he portrayed the advance
made in recent years in France toward a system of social legislation,
measures for the protection of labor, and the nationalization of public
utilities.
Bebel condemned the policy of compromise and proved that the
hostile method of his own party had gained for the German working
man a far greater range of social reforms than those existing in
France. He showed how in France, under the ministry of which
Millerand was a part, the workmen were intimidated and the army
used against the strikers in a way never done in Germany. While
declaring himself a republican,* he maintained that whatever political
form of government existed the capitalists gained control of it and
used it against the interests of the workers. He did not question that
Jaures and the French Socialists should exert themselves to save the
Republic, or to fight with the bourgeois to separate the church from
the State, but cooperation with the other parties should be temporary
and as soon as the particular battle was over the old uncompromising
attitude should be resumed.
Bebel’s view was accepted and a resolution based upon that of
Dresden was passed by a vote of 25 to 5,12 not voting. Jaures, though
defeated, remained loyal. He accepted the decision o f the congress
and submitted to the discipline of the Socialist movement. The atti
tude of the workers toward the general strike was discussed and
defined by the action of both these congresses. The congress o f 1900
had reaffirmed the London resolution of 1896 condemning the general
strike, bilt the congress of 1904 partially abandoned that policy. By
a vote of 36 to 4 the congress declared the general strike to be imprac
ticable, but admitted that a strike extending over important branches
of industry or over a large number of establishments could be used
in extreme circumstances for bringing about important social changes
or resisting reactionary attacks upon the rights of labor.
The 1900 congress passed an important resolution in the matter of
the minimum wage, although the views of the delegates upon the
problem greatly diverged.
IN T E R N A T IO N A L PO LITICAL LABOE M O V E M E N T.
59
The congress declares that the determining o f a minimum wage is only pos
sible if this determination is effected through strong trade-unions, and further
that a general and equal wage rate for all countries can not be determined, and
that in any case such a rate must be fixed on the broadest basis in relation to
the minimum necessary fo r existence. The workers shall be bound to urge the
realization o f this reform and to devise ways and means fo r the carrying out
o f it which correspond to the economic and industrial as well as to the politi
cal and administrative situation in each region. In order to achieve this re
sult, the congress recommends in the first place that pressure be brought to
bear upon the State power and those public administrations which are in a
position to introduce a minimum wage, that they shall directly pay a minimum
wage at all public works and that they shall obligate contractors to whom
public w orks are awarded to do likewise.
The customary points of view of the movement were reaffirmed in
a series of resolutions supporting socialization, the class struggle,
May-day protests, antimilitarism, and universal peace. More purely
trade-union resolutions were also passed, demanding public employ
ment offices, the eight-hour day, and improved conditions of work
for seamen and transport workers.
CONGRESS OF STUTTGART, 1907.
This congress was attended by 884 delegates, of whom 289 were
from Germany, 128 from Great Britain, 78 from France, 75 from
Austria, 41 from Bohemia, 25 from Hungary, 30 from Poland, 21
from Switzerland, 27 from Belgium, 19 from Sweden, 17 from Den
mark, 13 from Italy, and 22 from the United States; the Russian
Social Democracy was represented by 39 delegates, and the Russian
Social Revolutionists by 24. The remaining delegates were from
Holland, Spain, Bulgaria, Serbia, Roumania, Norway, Finland, A r
gentina, Australia, Japan, and South Africa.
Three important decisions marked the proceedings of this congress—•
(1) Fixing the method of internal organization; (2) determination
o f attitude on trade-unionism; (3) drafting of an immigration
policy, a matter which had been left over from the preceding congress.
The voting at Amsterdam on the compromise policies had shown
that the usual form of voting, according to which each nation had
two votes, was unjust, for it gave to small nations as much influence
upon resolutions of the congresses as to large nations. The congress,
therefore, decided to accept the plan proposed by the International
Socialist Bureau, under which each nation voted according to its
importance in the political labor movement. The plan adopted is
part of the present form of international organization (see p. 36).
The discussion of the immigration problem led to considerable dif
ferences o f opinion. In the committee appointed for its preliminary
discussion the views of those in favor of unlimited freedom of migra
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SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
tion were in direct opposition to the views of those who were in favor
of restrictions, especially against the Asiatic races. When at the
plenary meeting the discussion was closed after brief debate, the
British delegates protested against this procedure and did not vote.
The voting resulted in the adoption of a resolution, which demanded
the exclusion only of unorganized workers and contract laborers.
Restrictions along racial lines were condemned.
The most important problem discussed by the congress was that of
the relation of the trade-unions to the political parties. In most
countries the trade-unions maintain the closest relations with social
democrats; in a few, Great Britain, France, and the United States,
this is not the case, and even in those countries in which the relations
o f the trade-unions and social democrats were originally close, the
tendency is now toward separation. The disputes which had taken
place between the two groups in France, Belgium, and the United
States were chiefly responsible for the appearance of this problem on
the program. Although an attempt was made by a number of dele
gates, especially by the representatives of the American Socialist
Party and of the American Industrial Workers of the World, to win
over the congress to a declaration discrediting tendencies of neu
trality and demanding that the trade-unions must have a socialistic
character, it miscarried entirely, and the following resolution was
adopted by 212^ to 18\ votes:
1.
The political and economic struggle o f the laboring class is equally neces
sary for the complete deliverance o f the proletariat from the bonds o f intellec
tual, political, and economic servitude. W hile the task o f the Socialist Party
organization comes predominantly within the sphere o f the political struggle
o f the proletariat, that o f the trade-union organization comes chiefly within the
sphere o f the economic struggle o f the laboring class. Thus the party and the
trade-unions have equally important tasks in the struggle for the emancipation
o f the proletariat. Each o f the two organizations has been assigned a sphere
o f duties characteristic to its nature, and within this sphere it may act with
full independence. But in addition. there exists a steadily grow ing field o f
proletarian class struggle in which success can only be achieved through con
certed cooperation o f the party organization and the trade-union organization.
The more cordial the relations between p*rty organizations and trade-union
organizations, whereby centralized trade-union action is always to be kept in
view, the more successful and favorable w ill be the struggle o f the proletariat.
The congress goes on record as considering it in the interest o f the working
class that cordial relations be established and maintained in all countries be
tween the party and the trade-unions. The party and the trade-unions shall
give moral support and aid to each other, and in their struggles they shall only
make use o f such means as are apt to be o f aid in the struggle o f the proletariat
for liberty. I f differences o f opinion arise as to the suitability o f methods used
they shall discuss these differences and come to an agreement. The tradeunions can only fulfill their tasks in the struggle for the emancipation of the
workers if they let themselves be guided in their actions by the socialistic spirit.
It is the duty o f the party to support the trade-unions in their endeavors for
uplift and improving the social condition o f the workers and through its
IN T E R N A T IO N A L PO L ITIC A L LABOR M O V E M E N T .
61
parliamentary action to assist the demands and endeavors o f the trade-unions.
The congress declares that the progress o f the capitalistic system o f pro
duction, the increasing concentration o f the means o f production, the grow ing
tendency o f the employers to combine, the increasing dependence o f the individ
ual industrial establishments upon the entirety o f civic society would condemn
trade-union activity to impotence if it is solely built up upon taking care o f the
interests o f fellow workers in a trade, upon the basis o f corporate egoism, and
upon the theory o f the harmony o f interests o f capital and labor.
The congress is o f the opinion that the trade-unions w ill be much the more
successful in their struggle against oppression and exploitation, the more uni
form their organization, the better their relief institutions, the larger their
funds essential fo r the trade-union struggle, the deeper the insight o f their
members into the connections and conditions o f economic life and the greater
their readiness to make sacrifices and the greater their enthusiasm, all o f which
are principally inspired by the socialistic ideal.
2. The congress invites all trade-unions which fulfill the requirements es
tablished by the conference o f 1899 at Brussels and approved by the Paris con
gress o f 1900, to send delegates to the international congresses and to maintain
relations with the International Socialist Bureau at Brussels. The congress
charges the latter with entering into relations with the International TradeUnion Secretariat at Berlin fo r the purpose o f exchange o f inform ation as to
the organization and movement o f the workers.
3. The congress charges the International Socialist Bureau with the collect
ing o f all documents which may facilitate the study o f the relations between
the trade-unions and the Socialist parties o f all countries and with reporting
thereon to the next congress.
The minority consisted of the American delegates and a few Italian
and French delegates. The majority of the latter did not vote. The
German delegates voted with the majority. They were outvoted
when the question arose as to whether the credentials of the delegates
of the German Independent Socialists and of the locally organized
trade-unions should or should not be approved. The congress voted
for their admission.
CONGRESS OF COPENHAGEN, 1910.
This is the latest regular congress of the international socialist
movement, so that the acts and resolutions o f this congress constitute
the most recent official declaration of the movement before the war.
The special congress of 1912 was limited in its scope to an attempt
of the socialist groups of workingmen to throw their influence into
the scale for peace during the Balkan War.
The Copenhagen congress came in a period o f great prosperity.
It was characterized by comparative moderation, the Revisionist or
Possibilist element of the socialist movement being in control. Prob
lems of economic reform, protective labor legislation, insurance, coop
eration, trade-unionism, and the like, were uppermost. The more
controverted subjects of disarmament and direct economic action to
secure political ends were compromised. Maintenance o f interna
tional unity was sought, though involving heated debates, through a
62
SU RVEY OF IN T E R N A T IO N A L ACTIO N AFF E C TIN G LABOR.
policy o f moderation which had received its impetus at the preceding
congress of Stuttgart in 1907. The congress o f Copenhagen was an
unusually large one, being attended by 896 delegates, representing 23
nations as follow s: Argentina, Austria, Armenia (Turkish), Belgium.
Bulgaria, Bohemia, Denmark, Great Britain, France, Finland, Ger
many, Hungary, Italy, Norway, Netherlands, Poland, Russia, Roumania, Spain, Sweden, Switzerland, Serbia, United States.
The first problem for discussion was that of unemployment insur
ance. Two fundamental views were arrayed against each other.
One of these advocated State relief of the unemployed, while the other
held that it is a suitable task for the trade-unions to take care of the
unemployed with the aid of State subsidies. The resolution adopted
by the congress did not solve this main problem and was restricted
to demanding a compulsory unemployment insurance at the cost of
the owners o f the means of production and under the sole administra
tion of the workers; it being added that as long as this is not realized
public authorities should promote the corresponding institutions of
the trade-unions, without restricting their independence. As other
means for relieving unemployment, unemployment statistics, emer
gency public works at union wages, employment bureaus, and shorten
ing o f the hours of labor were designated. The resolution was
adopted unanimously, although the British delegates protested
against its adoption because it did not recognize the right to work.
For this reason they, as well as several French and American dele
gates, did not vote.
There entered also into this discussion the national problem con
fronting the Austrian trade-union movement, which had become very
urgent, since the Czechs demanded the same separation in the tradeunion movement as had been allowed them by the splitting of the
Social Democratic Party into national groups. The executive com
mittee of the Austrian trade-unions had energetically combated such
a split and the creation of Czech trade-unions with a special central
organization had been designated by it as greatly detrimental to the
movement. This point of view was approved by all the other nations
and a resolution adopted with 222 votes to 5, which disapproved the
procedure o f the Czechs.
On this occasion also the British trade-unions were severely cen
sured for not having complied with their duty of international soli
darity during the Swedish general strike. A resolution emphasized
the necessity o f mutual support during labor disputes.
The discussion of the relation of the economic and political labor
movement to cooperative societies split the congress into three groups.
The French delegates condemned the entire cooperative movement on
the ground that only the middle class profited from it. In contrast
to this view the Belgian and Dutch delegates contended that the
IN T E R N A T IO N A L PO L ITIC A L LABOR M O V E M E N T .
63
cooperative movement was of the greatest importance for the pro
letariat and demanded the closest relations between this movement
and social democracy. Lastly, the German delegates took the point
of view that although the cooperative societies were an important
factor within the labor movement they must be operated independ
ently and not under the control of the party. The discussions in the
committee on cooperative societies were very animated and terminated
in the adoption o f a compromise resolution, which was also passed
by the congress. The resolution emphasized the great importance
and value of cooperative societies and recommended that politically
organized workers and trade-union members join such societies, but
left it to the individual countries to decide whether and to what extent
direct mutual support should take place.
Fundamentally important differences of view manifested them
selves in the discussion of the problem of “ world peace, demobilization,
and peace tribunals.” A ll delegates were in accord in condemning
war, but the motion of Vaillant and Keir Hardie that the workers
should prevent war by means of a general strike encountered strong
opposition on the part of the German and Austrian delegates. A
resolution was finally agreed upon which condemned war and de
manded demobilization, but assigned the above more far-reaching
motion to the International Bureau with instructions that it be dis
cussed and reported upon at the next congress, to be held at Vienna
in 1913.
SPECIAL CONGRESS OF BASEL, 1912.
The congress at Copenhagen had occupied itself theoretically with
the problem of world peace. The Balkan War, which broke out in
the fall of 1912 and threatened to involve the great powers and thus
to develop into a world war, gave occasion for a practical considera
tion of this problem. The proletariat made an attempt to throw its
influence into the scale in favor of peace. The International Socialist
Secretariat convened on November 12, 1912, and resolved to convoke
an extraordinary international congress, which was held at Basel on
the 24th and 25th of the same month and was attended by 530 dele
gates, representing 23 countries.
A resolution unanimously adopted laid stress on the unanimity of
the Socialist parties and trade-unions o f all countries in condemning
the war. It protested against the endeavor of Austria to rob Serbia
of the fruits of her victory and to reduce her to an Austrian colony,
as well as against the attempt to bring Albania within the sphere of
influence of Austria and Italy, and likewise against the attempts of
Eussia to set herself up as the guardian of all Balkan nations. The
artificially nurtured difference—so declared—between England and
Germany, which could be settled by agreement, was designated as the
64
SU RVEY OF IN T E R N A T IO N A L ACTION A FF E C TIN G LABOR.
chief cause of danger. The resolution requested the Socialists of all
countries, but particularly those of the countries most interested, to
prevent by all possible means any breach of peace.
C O N C L U S IO N .
The political phase o f the international labor movement, as stated
previously, developed into what is known as socialism. Beginning
with the efforts o f English and French workers to improve their
working conditions, it gradually passed into a movement to change
the principles underlying the present organization of society. This
is still the theory of those members of the labor movement who have
guided and participated* in the international congresses. Two forces
whose development was not foreseen at the inception of the move
ment have done much to change 'the practice, if not the doctrines, of
international socialism. The discussions and resolutions of the con
gresses, for instance that o f Copenhagen, 1910, now deal almost wholly
with the problems of reform through labor legislation and tradeunion action. The larger political questions of the ballot, disarma
ment, and universal peace are less prominent than the economic ques
tions o f trade-union organization, cooperation, and wealth distribu
tion. Less reliance is being placed on the control of industry through
the political subversion of the present order and more on its control
through factory and social insurance legislation, coupled with tradeunion action. The political labor movement has gradually become
more closely associated with the trade-union movement, which is de
scribed in the next chapter.
CHAPTER IV.— INTERNATIONAL TRADE-UNION
MOVEMENT.1
International trade-unionism as a distinct and separate movement
developed somewhat more tardily than the international political
labor movement, partly because it was at first incorporated with the
political movement, and partly because of the general prevalence of
laws against organization which were in force in most European
countries until well into the nineteenth century. O f recent years,
approximately since 1900, international trade-unionism and the inter
national political labor movement have formally maintained separate
organizations. Yet it is true that in many countries the leaders are
the same in both groups, and the political theories o f the members of
both groups are, on the whole, identical. Practically all trade-union
ists in Europe are voting members of the Social Democratic parties
and groups. Many of the present international federations, it may
be observedj hold their international gatherings at the same time and
place as do the international socialist and labor congresses. The
political movement has probably shown fewer divisions within its
ranks in the past than the economic labor movement, in which
religious and racial differences have been a source of weakness.
The real vigor o f the international labor movement is, in fact, con
centrated in the international political movement described in Chapter
I I I and is centered in the International Socialist Bureau at Brussels.
Three early congresses organized and attended by trade-unionists
o f varied political complexion were those of 1888, 1897, and 1900.
These gatherings o f 1888 and 1900 may be said to represent the first
purely trade-union congresses, except for the conference of 1886 at
Paris (see p. 49), summoned on the occasion of the first industrial
exposition by French trade-union organizations which had always
held themselves more or less aloof from political labor agitation. The
congress of 1888 at London (see p. 49) was called by the British
trade-unionists.
The Congress of Zurich of 1897 was arranged by the Swiss workers’
unions. It was not a trade-union congress in the sense of being callcd
1 T he p rin cip a l so u rces o f th is ch a p ter are th e ( 1 ) In te r n a tio n a l R eports o f th e TradesU n io n M ovem ent, 1 9 0 2 —1 9 1 2 , B erlin , 1 9 0 3 - 1 9 1 3 ; ( 2 ) O rganization O uvriere In te r n a
tio n a le , B ru sse ls ( 1 9 1 3 ) , 2 5 0 pp. (Office cen tral, des A sso c ia tio n s In te r n a tio n a les, P u b li
ca tio n No. 4 0 ) ; ( 3 ) A nn£e S o cia le In te r n a tio n a le, 1 9 1 3 - 1 4 , 4 me A nnee, R eim s, A ction
Pop ulaire, 1 9 1 4 , 1 ,2 3 5 p p ; ( 4 ) Official jo u rn a ls and rep orts o f con feren ces o f the variou s
in ter n a tio n a l c r a ft o r g a n iz a tio n s; (5*) K ulem an, W . : D ie B eru fsverein e, B erlin , 1 9 1 3 ,
vol. 6.
143445°— 20— B ull. 268------- 5
65
66
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
to discuss trade-union problems. It was rather a trade-union effort
to further labor legislation, and was in many wTays similar to the
Congress of Paris of 1900, which was more directly a part of the
movement for international labor legislation (see p. 68). Years
of political agitation and violent revolutionary activity had brought
small benefits to the workingman in Europe. A new promise was now
held forth in the possibilities of labor legislation. The acceptance
of a program o f reform legislation on the part of the various Govern
ments o f Europe may have been dictated by the unrest of the period
of the sixties, seventies, and eighties, but at any rate the depression
o f the early nineties again showed the need of further ameliorative
measures on behalf of the workers. To this period belong the first
steps in international trade-union organization as it is understood to
day. In this period also the first tentative steps were taken by the
European Governments toward the formulation of international labor
conventions. - Before 1900, students and publicists, convinced of the
need for greater social control'in the economic relations of men, had
come into the field independently with a view to bringing pressure to
bear upon those in authority for enacting the necessary measures of
reform. The 20 years from 1885 to 1905 were culminating years in
the international labor movement. During these years it grew to
official recognition and sanction.
C O N G R E SS O P Z U R IC H , 1897.1
As the result of a resolution passed at the Swiss National Labor
Congress held at Bienne, April 3, 1893, the executive committee of the
Swiss Workers’ League, composed of workingmen’s organizations
regardless o f political and denominational lines, was instructed to
call a congress to consider the question of labor legislation. This
congress was to be open to all working-class organizations and clubs,
irrespective of their political and religious views. It was stipulated
that all participants should accept the principle of the intervention
of the State in the control of industry. No discussion would be per
mitted as to whether State interference is just, necessary, or urgent,
but only such as dealt with the amount o f labor legislation desirable
and the means of securing it.
It was proposed to call the congress for August, 1894. The appeal
was not favorably received, and the committee did not care to take
the risk o f an unsuccessful congress. It decided, therefore, merely
to continue agitation for such a congress.
Two years passed before further steps in this direction were taken.
Early in 1896 the committee addressed inquiries to the larger labor
organizations o f the different countries. In the spring o f 1897 it
1 In te r n a tio n a ler K o n g ress fu r A rb eiteh scliu ta in Z urich, 2 3 - 2 8 A u gu st, 1 8 9 7 ; A m tlich er
B er ic h t &es O rg a n isa tio n sk o m itees, Z urich, 1 8 9 8 .
INTERNATIONAL TRADE-UNION MOVEM ENT.
67
became apparent that a congress could be assembled. The organiza
tion committee was enlarged and on April 4, 1897, sent out a call
for a congress to the workers of the various countries. Favorable
replies were received from political economists and students as to
participation in the congress which was finally held August 23-28,
1897.
Little support was secured from France on account of the existing
difficulties and hostilities between various party groups, no members
o f which were able to find a middle ground on which they were will
ing to participate in the congress.
At the request of several foreign labor organizations and for the
purpose of avoiding jealousy between different nationalities and
parties, the Swiss committee appointed Swiss members holding
diverse views to introduce questions for discussion. Similarly, a
standing-orders committee, was appointed, composed o f Swiss mem
bers holding various shades o f opinion.
The membership of the congress shows that the principal groups
o f delegates consisted o f Social Democrats and Christian Socialists,
with a small group of so-called neutrals, altogether there were 391
accredited delegates; that is, 202 Social Democrats, 133 Christian So
cialists, and 56 nonpartisan. These represented 15 countries, as
follow s:
Delegates.
Country.
Austria..............................
Belgium............................
France...............................
Germany
................
Great Britain...................
Holland ........................
Hungary...........................
Italy..................................
Luxemburg............. ........
Poland
......................
Russia .
.................
Spain.................................
Sweden ...................
Switzerland......................
United States..................
Total...........................
Social
Demo
cratic.
Total.
Christian Nonpar
tisan,
Socialist.
10
4
4
45
11
9
2
21
5
1
2
4
63
44
1
21
16
6
66
10
1
3
9
2
5
4
1
1
245 '
1
133
5G
391
5
1
5
1
4
4
2
1
1
138
i
202
3
The original members of the congress consisted o f (1) delegates
of associations, the majority o f whose members consisted of wage
earners, and representatives of labor and public bodies, irrespective
of whether they were wage earners or not; (2) private persons spe
cially invited to take part in the deliberations.
The subjects arranged for discussion by the congress were: Sunday
labor, employment of children and young persons, women in indus
try, adult male labor, night work and work in unhealthy industries,
68
STJRVfcY OF INTERNATIONAL ACTION AFFECTING LABOR.
and methods for securing protective labor legislation. The program
closely resembled that o f the diplomatic Berlin conference o f 1890
(pp. 116-118).
The resolutions adopted by the congress declared for Sunday
rest, a Saturday half holiday for women workers, an age limit for
child labor fixed at 15 years, an 8-hour day for all workers, a 44-hour
week for women workers, reduction in use o f injurious substances in
manufacture, prohibition o f night work with exceptions, prohibition
o f home work, provision for eight weeks’ leave at confinement periods
and payment o f compensation during that time, and equal pay for
equal .work. The principal discussions also considered other than
the above points on* which unanimity was secured in the shape o f
resolutions. There was the suggestion that women inspectors be em
ployed in establishments where women work. It was asked that
official recognition be given to the officers o f labor organizations; that
the right o f employees o f both sexes and all classes to organize be
respected, with violation o f the same made punishable; that universal
suffrage, equal, direct, and secret, be introduced in electing delegates
to all representative bodies, so as to enhance the real influence o f the
labor class in all parliaments; that active propaganda be carried on
by trade-unions and political organizations through such instrumen
talities as conferences, publications, conventions, journals, and, most
important o f all, the action o f parliaments; and, finally, that inter
national congresses be periodically organized to present to different
parliaments concurrently proposals o f the same law.
The congress requested the Swiss Federal Council to prosecute its
scheme for an international labor office, the organization and functions
o f which were outlined by Theodor Curti, a Swiss state councilor.
CONGRESS OF PARIS, 1900.
The plans for the Congress o f Paris, September 17-19, 1900, origi
nated with the Confederation Generale du Travail and the Federation
des Bourses du Travail, a federation o f local labor councils as dis
tinguished from a federation o f trades or crafts.
In order to avoid duplication o f effort a common committee was
appointed, which was instructed to organize two separate congresses,
one for trade organizations and their federations and the other for
the Bourses du Travail. Invitations were issued for this purpose.
But as labor councils o f the type o f the so-called bourses du travail
existed in but a few countries outside o f France only the trade-union
congress was ever convened. France, England, Sweden, Norway,
Belgium, Italy, and Switzerland were represented by delegates. The
executive o f the German Federation o f Labor held that the congress
could not accomplish anything different in the way o f intercommuni
INTERNATIONAL TRADE-UNION MOVEMENT.
69
cation and exchange o f ideas from what was being done by the inter
national Socialist congress convening at the same time and place.
He believed that i f the congress were to consider the matter o f accept
ing fixed principles and these only as bearing upon purely economic
action, the case would be different, but even for that the time was
not ripe. He declined the invitation.
The most important subject up for discussion was the creation o f
an international secretariat, but as the delegates declared that they
had no authority to vote fo r binding resolutions no tangible results
were achieved. On the question o f the general strike views differed
greatly, the French, Belgian, and Italian delegates favoring it, while
the Swiss delegates opposed it, and the British delegates declared that
they had not yet considered the question. A resolution approving the
general strike was, however, finally adopted. The congress was
unanimous as to the necessity o f a curtailment o f the hours o f labor
and went on record as approving the M ay-day celebration. As to the
value o f cooperative societies the views were greatly at variance.
EXTENT OF INTERNATIONAL TRADE-UNION MOVEMENT.
International trade-union organization is extremely complex. The
same cross currents o f organization are found in the international
grouping o f the unions as characterize the national organizations.
Prim arily created to serve economic ends, to represent the interests o f
their members in their relations as employees, unions in Europe have,
nevertheless, arranged themselves along other lines o f classification.
Political, religious, and racial lines cut across the economic field*
There are Catholic trade-unions, and there are evangelical tradeunions ; there are German unions and Czech unions in the same trades
within the same industrial districts. There are Socialist and antiSocialist unions.
The principal organization representing labor on an international
scale is the International Federation o f Trade-Unions, form erly
known as the International Secretariat o f the National Trade-Union
Centers, the present name having been adopted in 1913. This organi
zation includes the various federations o f labor in the different coun
tries, e. g., the American Federation o f Labor in the United States,
as well as national federations o f single trades, such as the Interna
tional Federation o f Textile Workers. The total number o f tradeunion members affiliated with the international organization is given
by the International Federation as 7,394,461 in 1912. It was 6,900,995
in 1911. This does not, o f course, represent the total trade-union
membership in the 19 affiliated countries. In 1912 this latter mem
bership was reported as as 12,368,103, as compared with 11,435,498 in
1911.
70
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
The follow ing table shows the change in membership o f the inter
national trade-union movement from 1908 to 1912 :
M EM BERSHIP OF ALL TRADE-UNIONS A FF IL IA T E D TO INTER N A TIO N A L FE D E R A
TION OF TRADE-UNIONS.
(Source: Tenth International Report of the Trades-Union Movement.
1912.
Berlin, 1913, p. 14.]
Increase in 1912
over 1911.
Country.
1908
1909
1910
1911
1912
Number. Per ccnt.
Austria........................
B e l g i u m .............................
Bosma-Herzegovina..
Croatia-Slavonia.........
Denmark....................
F in l a n d ..............................
F r a n c e ................................
G e r m a n y ...........................
Great Britain..............
H u n g a r y ............................
I t a l y .....................................
N e t h e r la n d s .....................
N o r * a y ..............................
R o u m a n ia ........................
S e r b ia ..................................
S p a in ...................................
S w e d e n ...............................
S w it z e r la n d ......................
U n it e d S t a te s .................
i Decrease.
482,279
67,412
3 ,1 1 7
97,231
24,009
294,918
1,831,731
700,937
102,054
337,092
36,893
47,212
3,238
44,912
169,776
67,348
415,256
73,361
3,693
4,198
98,643
19,928
357,764
1,832,667
703,091
85,266
359,383
40,628
43,570
8,515
4,462
43,562
108,079
66,174
1,588,000
450,565
68.984
6,086
5,108
101,563
15,346
340,000
2,017,298
710,964
86; 478
359,383
44,120
46,397
8,515
7,418
40.984
85,176
63,863
1,710,433
428,363
421,905
116,082
77,224
5,587
5,522
5,538
7,182
107,067
105,269
20,989
19,640
387,090
450,000
2,339,785 2 2,553,162
874,281
861,482
111,866
95,180
384,446
323,912
61,535
52,235
53,475
63,975
6,000
9,708
8,337
5,000
80,000
100,000
80,129
85,522
78,119
86,313
2,054,526
1,775,000
6,458
38,858
1 65
11,644
1,798
1,349
163,000
213,377
12,799
16,786
163,534
9,300
7,500
3,708
13,337
20,000
5,393
8,184
279,526
1.53
50.32
1 1.16
i 22.89
1.71
6.87
114.03
9.12
1.49
17.64
1 16.53
17.89
14.03
61.83
140.03
25.00
6.73
10.49
15.75
2 Including newly established unions of agricultural workers and domestic servants.
The data above include the membership o f the individual craft
organizations which are part o f the International Federation. The
table follow ing shows separately the date o f international organiza
tion and the membership o f the 32 independent trade federations
affiliated to the International Federation o f Labor as given in its
latest annual rep ort1 before the war.
The figures showing the extent o f the international trade-union
movement do not include those international federations organized
along denominational lines. The most important o f such federations
is the Textile Christian International, which numbered 76,000 mem
bers in 1912. No data are available to show the extent o f the denomi
national international trade-union movement. It is known in a gen
eral way that it is not very extensive or important internationally.
Practically all o f the international federations have their head
quarters in Germany and are dominated by German trade-union in
fluence and methods. The two exceptions are the miners and the
textile workers, who are dominated by British influence. The Am er
ican unions have taken no very active part in the international tradeunion movement aside from the affiliation o f the American Federa
tion o f Labor to the International Federation o f Trade-Unions. The
most notable exception is the affiliation o f the International Seamen’ s
Union o f America and the International Longshoremen’s Association
o f America with the International Transport W orkers’ Federation.
1 T en th In te r n a tio n a l R eport o f th e T rades-U nion M ovem ent, 1 9 1 2 .
B erlin , 1 9 1 3 , p. 2 5 0 .
DATE OF ORGANIZATION AND MEMBERSHIP OF THIRTY-TWO INTERNATIONAL TRADE FEDERATIONS, 1912.
National federations.
Trade designation.
__
ganization.1
Bookbinders........ ................... ............
1 Compile# from various sources.
* Not reported.
Z u r ich , S w it z e r la n d .............
B e r lin , G e r m a n y ....................
M a n ch ester, E n g la n d ........
B r e m e n , G e r m a n y ................
B e r lin , G e r m a n y ...............
.......d o ................................. .......
Member Number. Number
of
ship.
countries.
16
4
13
13
9
13
4
13
13
9
68,681
4,850
49,906
105,600
130,892
. 6
6
83,863
1
8
1
S
U
14
15
6
15
15
6
20
(a)
(*)
10
8
6
18
6
10
<16
10
6
18
5
9
4 16
43
39
17
20
8
1
1
9,850
298,001
10
6
29,020
32,913
18,504
35,923
(8)
2
5
Males.
62,301
4,850
26,897
(2)
(2)
Females.
6,380
23,009
(3)
83,863
5,362
15,212
267,711
2
210
4
2,025
29,230
21,867
19,320
35,923
(2)
(2)
72,074
2
(2)
15,974
2
s 137,451
20, U9
72,025
4 75,000
Stone workers
875,256
s 393,125
Member
ship.
7
2
(2)
2
2
4
2
357
140
6,694
230
72,074
(2)
(2)
s 137,451
18,875
70,002
«75,000
<*)
(2)
Total.
68,681
4,850
49,906
1C5,600
83,863
30,290
15,212
298,001
11,046
1,209
29.230
32,913
20.529
35; 923
1,106,003
(2)
(>)
(2)
i, 244
2,023
(2)
(2)
8 No details are at hand in the case of the Bulgarian Typographers' Federation, which numbers 300 to 400 members.
4 In 5 countries the stone workers belong to the building workers’ union.
* The number of members is missing in the case of 5 federations.
72,074
(2)
16,114
9 137,451
2 0 , iie
72,025
4 75,0Q0
881,950
6 393,355
MOVEMENT,
T a i lo r s ...................................................................
T e x t i le w o rk e r s
............
T o b a c c o w o r k e r s ...................................
T r a n s p o r t w o r k e r s ................................
W o o d w o rk e r s .
...................
1903
1910
1895
1907
1894
1884-1886
1896
1908
1896
1893
1905
1911
1904
1894
1893
1906
1907
1903
1896
1895
J89Q
1893
1891
Hamburg, Germany.........
Berlin, Germany...............
.......do.................................
Nuremberg, Germany.......
Berlin, Germany...............
Hamburg, Germany.........
Berlin, Germany...............
Hamburg, Germany.........
Ajnsterdam, Holland........
Antwerp, Belgium...... .
Hanover, Germany...........
Berlin, Germany...............
.......do.................................
Altenburg, Germany........
Berlin, Germany...............
.......do.................................
Stuttgart, Germany..........
Manchester, England........
Hamburg, Germany.........
Berlin, Germany...............
.......do.................................
Stuttgart, Germany..........
Berlin, Germany...............
.......do.................................
Number Number
of
of
unions. countries.
TRADE-UNION
Brewery workers T
........................
Building trades workers.......................
Butchers, slaughter men, e tc .,...........
C arpenters.........................................
Commercial clerks.................................
Diamond workers........ ........................
Factory workers...................................
Fur workers...........................................
CUass workers., .....................................
Hatters.......................... .....................
Hotel and restaurant workers ..........
Lithographers......................................
Metal workers... .................... ............
Miners....................................................
Painters................................................
Pavers............................ ........., ...........
Potters..................................................
Printers, compositors
..........
Saddlers....... 1.
.......................
State and municipal work ...............
.......................................
Headquarters.
INTERNATIONAL
1907
1907
1907
1896
1910
1907
Bakers and confectioners....................
Total number of affiliated mem
bers.
Local unions.
,
72
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
INTERNATIONAL TRADE-UNION ORGANIZATION.
Two aspects of the international trade-union movement should be
distinguished. ‘There is, as already noted, the international organi
zation of separate crafts and the union of these organizations in an
International Trades Secretariat, and, second, there is an organization,
through an international body, of the trade-union federations which
are made up of various trades and crafts of the different nations.
The central office of this organization is termed the International Sec
retariat. These two forms of international trade-union organizations
are modeled after the national organizations which have their local
unions, and national federations, which have their district federa
tions of craft unions; that is t*o say, organization takes place along
lines of geography and of trade; it is both functional and territorial.
International Secretariat.— The International Secretariat o f the
International Federation o f Labor was established in 1901 follow ing
a conference in Copenhagen in connection with a Scandinavian labor
congress in August o f that year. It is comprised o f trade-unions
without distinction as to trade. The secretariat was located at Ber
lin. During the war it was temporarily transferred to Amsterdam,
where it has now been permanently located by action o f the first inter
national conference after the war, held in that city, August, 1919. Its
activities include the most general questions o f interest to all workers
in their trades. Its activities include gathering all manner o f inform a
tion regarding the trade-union movement in every country, and
organizing conferences o f international trade-unionists for the pur
pose o f discussing important problems and for making decisions
which give the movement coherence and uniformity.
Congresses o f the kind in question have been held at Copenhagen
in 1901, Stuttgart in 1902, Dublin 1903, Amsterdam 1905, Chris
tiania 1907, Paris 1909, and Budapest 1911. Before the war na
tional federation o f all trades existed in Argentina, Australia, Aus
tria, Belgium, Bosnia, Bulgaria, Croatia, Denmark, Finland, France,
Germany, Great Britain, Herzegovina, Hungary, Italy,NJapan,
Netherlands, New Zealand, Norway, Boumania, Serbia, South A frica,
Spain, Sweden, Switzerland, and the United States. The federations
in*four o f these countries, Argentina, Australia, Bulgaria, and Japan,
are not affiliated to the International Secretariat.
INTERNATIONAL TRADE-UNION CONFERENCES.
The earliest international relations which existed among the tradeuniops o f Europe and the British Isles were maintained through the
creation o f bureaus o f communication and through interchange o f
inform ation on trade-union matters o f common interest. The earliest
and commonest form o f intercommunication developed through the
INTERNATIONAL TRADE-UNION MOVEM ENT.
73
sending o f visiting delegates to national conventions held in different
countries. But even before the adoption o f a form al scheme o f
organization, inform al meetings were held which finally developed
into regular conferences.
CONFERENCES OF SEPARATE TRADES.
The various separate trade federations— the miners, printers, tex
tile workers, transport workers, etc.— met in international groups
even before the federations o f all trades had become thoroughly
organized within their own national boundaries; but not until 1913
did the representatives o f international offices o f the various trades
meet in conference.
The principal activities o f the separate trade federations have con
sisted in the formulation o f purely trade-union policies, particularly
the maintenance o f international strike or mutual benefit funds.
The discussions o f the conferences have been industrial rather than
political, although in addition to affecting their immediate tradeunion interests some o f the craft conferences have concerned them
selves with problems o f general social and political organization.
TRA N SPO R T W ORKERS.
July 1, 1913, 50 organizations were affiliated to the International
Federation o f Transport W orkers having 881,950 members in 18
countries. The American unions affiliated are the International L ong
shoremen’s Association o f America and the International Seamen’s
Union o f America. The countries represented are Austria, Belgium,
Bulgaria, Denmark, Finland, France, Germany, Great Britain, H un
gary, Italy, Netherlands, Portugal, Roumania, Norway, Spain,
Sweden, Switzerland, and the United States.
The purpose o f the federation is “ to protect and to assure the
development o f the interests, material and ideal, o f transport workers
on sea and land.”
The federation is directed by a central committee composed o f five
persons representing, respectively, (1) railroad workers, (2) dockers,
(3) seamen, (4) employees in hauling and transportation, and (5)
engineers and boatmen.
The first three o f these groups from the basis o f the organization
and prior to amalgamation had separate and independent, though
discontinuous, existence. The international meetings o f these groups
have been more or less irregular but have been held usually at the
same times and places.
The first group to organize on an international scale was that o f
the railroad workers, who gathered at Zurich in 1893 and drew up a
scheme o f international organization representing railwaymen in
74
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
Austria, England, France, Italy, Netherlands, and Switzerland. Sub
sequent meetings were held at Paris in 1894 and at Milan in 1895. The
longshoremen and other harbor workers held their fir^t international
meeting at London in 1896 and organized an International Federa
tion o f Ship, Dock, and River Workers. Representatives o f seamen
were more or less loosely associated in this effort o f the longshoremen.
A formal congress was called for the next year— February 24, 25, 26,
1897. Representatives o f railway organizations were also present at
this congress, so it has come to be recognized as the first international
congress o f transport workers. The organization continued on a
restricted basis only fo r a year and in 1898 changed its name to that
o f International Federation o f Transport W orkers to signify its en
larged scope. In 1900, when the second congress was held at Paris,
representatives o f other transport workers and o f railway men
attended.
The seamen held their first independent conference in London in
1902, although, as noted, representatives o f seamen’s organizations in
'various countries were associated with the longshoremen and dockers.
The second conference o f seamen, was held in connection with the in
ternational congress o f all transport workers at Vienna in 1908 and at
Copenhagen in 1910. A t the last-named date the seamen became more
intimately a part o f the international transport workers’ organization
and were represented on the central governing body o f the organiza
tion as marine advisers.
International congress o f transport workers, combining all workers,
since the formation o f the federation, have been held at the follow ing
dates and places: London, 1897; Paris, 1900; Stockholm, 1902;
Amsterdam, 1904; Milan, 1906; Vienna, 1908; Copenhagen, 1910; and
London, 1913. The British unions were the leaders in the movement
up to 1904, since which date the leadership has been in the German and
Scandinavian organizations.
The transport workers as a body favor the eight-hour day and
advocate the nationalization o f the railroads and the means o f
production.
M IN ERS.
Organized in 1890, the International Federation o f Miners held
annual conventions up to 1913. It had before the war a membership
o f about 1,373,000. Its congresses have served almost exclusively as
media for the exchange o f ideas and for personal contact. The
British miners have dominated the congresses because o f their large
membership. Other nations prominent in the organization have been
Germany, France, and Belgium. Delegates from the United States,
from the Western Federation o f Miners, attended for the first time
in 1904. The countries at present represented in the international
organization are Austria, Belgium, Germany, France, Great Britain,
INTERNATIONAL TRADE-UNION MOVEMENT,
75
Netherlands, and the United States. A t the congress at Carls
bad, Germany, in 1913, 148 delegates from these countries attended.
The 72 British delegates represented 603,000 miners, and the 2 Am eri
can delegates represented 500,000. Congresses o f miners have been
held as follow s:
IN T E R N A TIO N A L CONGRESSES OF M INERS.
Congress.
Date.
Place.
F i r s t .................... .
S e c o n d ................
T h i r d .................. .
F o u r t h .................
F i f t h .................... .
S i x t h ...................
S e v e n t h ...............
E i g h t h .................
N i n t h .................. .
T e n t h ...................
E l e v e n t h .............
T w e l f t h ............. .
T h ir t e e n t h .........
F o u r t e e n t h ____
F ift e e n t h ............
1890
1891
1892
1893
1894
1895
1896
1897
1898
1899
1900
1901
1902
1903
1904
Jolimont.........
Paris...............
London...........
Paris...............
Berlin..............
Paris...............
Aaehen__ . . . .
London...........
Vienna............
Brussels..........
Paris...............
London..........
S ix t e e n t h ...........
S e v e n t e e n t h ...,
E i g h t e e n t h ____
N in e t e e n t h ____
T w e n t i e t h ..........
T w e n ty -fir s t. . .
1905
1906
1907
19081909
1910
Liege......
London..
Salzburg.
Paris.......
Berlin__
Brussels..
T w e n t y -s e c o n d
1911
London___
T w e n ty -fo u r th .
1913
Ill
99
79
63
86
50
57
68
61
47
74
L ille ...................
Carlsbad. . .
Countries represented.
Belgmm, Great Britain, France, Germany, Austria.
Do!
Do.
Do.
Do.
Do.
Belgium, Great Britain, France, Germany.
Eng land, Austria, France, Belgium, Sweden.
England, Belgium, France, Germany, Austria.
England, Belgium, France, Germany.
England, France, Belgium.
Belgium, Great Britain, France, Germany, Austria.
Belgium, Great Britain, France, Germany, Austria,
United States.
Brussels..........
Paris...............
Amsterdam...
T w e n ty -t h ir d ..
Number
of dele
gates.
93
148
Germany, England, France, Belgium, Holland,
Bulgaria.
England, France, Belgium, Germany, Austria,
Holland, Sweden.
England, Germany, U nited States, France, Belgium,
Holland.
Great Britain, United States, Germany, France Bel
gium, Austria, Netherlands.
The permanent international secretariat o f the federation is lo
cated in Great Britain. Voting at the congresses is in proportion to
membership except in committees, where it is by nation. Traveling
members o f the federation are given freely exchangeable clearance
r-ards.
The eight-hour day has been the principal object of the endeavors
of the federation. The most serious differences within the organiza
tion have arisen in connection with the methods to be used in secur
ing the eight-hour day. The radicals have favored a general inter
national strike as against independent national action by the strike
or ballot box.
The latest congress (in 1913) demanded (1) the legal eight-hour day
from bank to bank; (2) inspectors from the ranks o f labor and paid
by the State; (3) a minimum wage; (4) prohibition o f the employ
ment o f women in mines; (5) prohibition o f the employment of chil
dren under 16 in underground work (English and French delegates
did not vote on this point on the ground o f lack o f instructions) ; (6)
provision o f bathhouses at workings; (7) adequate accident compen
sation and old-age and widows’ pensions; (8) regular annual leave
with pay; (9) nationalization o f all mines. “ The International
76
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
Miners’ Congress has repeatedly expressed itself for the maintenance
o f peace among the nations.” A French proposal for an interna
tional strike in case of war was rejected at the 1907 congress at
Salzburg.
METAL W ORKERS.
The International Federation of Metal Workers, next to the Inter
national Miners’ Federation is one of the strongest of the interna
tional organizations of labor. The first congress of metal workers
met in Zurich in 1893 at the same time as the International Socialist
Congress of that year. Twenty-eight delegates were present, from
the United States, Austria, Belgium, England, France, Germany,
Switzerland, and Hungary. At this meeting an international metal
workers’ bureau of information, with a confidential agent in each
country represented, was established. Provision was also made for
uniform reporting of statistics concerning metal workers, the issuing
of a periodical in French, German, and English, universal clearance
cards, and travel benefits. None of these plans was effectively carried
out for some years. Not until 1900 was a definite scheme adopted for
the establishment of a metal workers’ international federation, and
this was drafted by the German delegates. Difficulties within the fed
eration have absorbed most of the efforts of the organization. Its
principal work has been that of distributing information and con
ducting propaganda. The organization has been controlled from
Germany.
The membership of the organization before the war was 1,106,000.
Seven international congresses have been held. The 12 countries
represented at the latest congress (Berlin, 1913), were Austria, Bel
gium, Denmark, England, France, Germany, Hungary, Italy, Neth
erlands, Norway, Sweden, and Switzerland. The congresses have
been as follows:
IN T E R N A TIO N A L CONGRESSES OF METAL W ORKERS.
Congress.
Date.
Place.
Number
of dele
gates.
1893
Zurich.............
27
Second..............
1896
London...........
25
Third................
1900
Paris................
31
Fourth..............
1904
Amsterdam...
Fifth.................
1907
Brussels..........
50
Sixth.................
1910
Birmingham..
75
Seventh............
1913
Berlin..............
85
Countries represented.
Switzerland, Germany, Austria, France, United
States, Belgium, England, and Hungary.
U nited States, Germany, Austria, Switzerland, Bel
gium, Italy, Denmark, Sweden, France, England.
Germany, France, England, Austria, Belgium, Den
mark, Switzerland,
England, Germany, France, Belgium, Holland,
Sweden, Denmark, Norway, Austria, Hungary,
Switzerland.
United States, Belgium, Denmark, Germany, France,
Great Britain, Holland, Norway, Austria, Sweden,
Switzerland, Hungary.
Belgium, Bulgaria, Denmark, Germany, England,
Finland, France, Norway, Austria, Sweden,
Switzerland, Serbia, Hungary.
Austria, Belgium, Denmark, France, Germany,
Great Britain, Hungary, Italy, Netherlands,
Norway, Sweden, Switzerland.
INTERNATIONAL TRADE-UNION MOVEM ENT.
77
The resolutions of the metal workers’ congresses are of no general
interest. This is one of the organizations which has confined itself
exclusively to discussion of purely trade-union tactics and methods,
which include the prevention of the importation of strike breakers,
travel benefits, maintenance of a defense fund, and exchange of
union data. United action could not be secured even on the question
o f taking steps to introduce “ an international six-day working week
in continuous industries.” Replies to inquiries by the secretariat
showed that English members thought the matter best dealt with by
national action, and American organizations sent no reply.
WOODWORKERS.
These were among the earliest of the workers to organize interna
tionally. A conference of representatives of the trade was held in
Brussels in 1891 on the occasion of the International Socialist and
Labor Congress of that year. The organization was of little signifi
cance. A second conference convened in 1893 at Zurich, also in con
nection with the Socialist Congress. The headquarters of the secre
tariat was moved from Brussels to Stuttgart. The organization had
a shadowy existence for several years. The national unions were
weak. In 1904 at the time of the International Socialist Congress at
Amsterdam the organization became active. Delegates from 17 na
tional federations in 11 countries—Austria, Belgium, Denmark, Eng
land, France, Germany, Hungary, Italy, Netherlands, Serbia, and
Sweden—met in a congress.
Since then the organization has grown rapidly, having 393,000
members at the beginning of 1913. It is represented in 20 countries.
International meetings have been held in Stuttgart (1907) and Co
penhagen (1910), both in connection with the Socialist congresses.
The proceedings of the congresses have dealt principally with mat
ters of trade-union agitation and problems of travel and employment
benefit funds, the establishment of which is recommended to the na
tional organizations. No action has yet been taken as repects the
issue o f universal clearance cards.
OTHER TRADES.
The other internationally organized trades devote most o f their
energies to the maintenance of trade-union standards, mutual benefit
funds and international strike assistance. The movement has had no
great strength or solidarity. Its function has been one of communi
cation and exchange of ideas almost exclusively. Differences in na
tional organization have presented great difficulties. A ll the affiliated
unions in a trade are not of the same type. Some are not real fight
ing trade-unions, but merely benefit societies, and, as already noted,
political and denominational lines interfere at times. The congresses
78
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
o f these various trades and the countries represented in the interna
tional organizations are given in the series of tabular statements
follow ing:
INT E R N A TIO N A L CONGRESSES OF SP E C IFIE D TR A D E S, B Y DA TES A N D PLACES OF
M EETING A N D COUNTRIES R E P R E SE N T E D .
Bakers and Confectioners.
Congress.
Date.
Place.
First.......
1907
Stuttgart........
Second...
1910
Copenhagen...
Number
of dele
gates.
19
Countries represented.
Great Britain, Germany, Austria, Sweden, Italy, Switzer
land.
Germany, Austria, Sweden, Denmark, Norway, Switzer
land.
BooTchinders.
First.......
1907
Stuttgart.........
Second. --
1910
Erfurt.............
11
Third___
1913
Brussels..........
25
Germany, Austria, Hungary, Belgium, Denmark, Sweden,
Norway, Switzerland.
Belgium, Denmark, Germany, Norway, Austria, Sweden,
Switzerland, Hungary, France.
Belgium, Denmark, Germany, France, Great Britain and
Ireland, Netherlands, Italy, Norway, Austria, Sweden,
Switzerland, Hungary.
Boot and Shoe and Leather Workers.
First. ...
1893
Zurich............
26
Second...
1897
Brussels..........
13
T hird---
1907
Stuttgart........
32
Fourth...
1910
Copenhagen...
127
Fifth.......
1913
Vienna-...........
(2)
Denmark, Germany, Great Britain, Austria, Switzerland,
Hungary, France.
Germany, Austria, Hungary, Bohemia, Switzerland, Bel
gium.
Germany, Austria, Hungary, Bohemia, England, Den
mark, Sweden, Norway, Switzerland.
Germany, Hungary, Bulgaria, Norway, Sweden, Denmark,
Austria, Serbia, Switzerland.
C2)
Building Trades.
First3___
1903
Berlin.............
Second
1907
Stuttgart____
T h irds...
1910
Copenhagen...
Fourth...
1913
Vienna............
Denmark, Sweden, Norway, Holland, Switzerland, Italy,
Hungary, Austria, Germany.
United States, Germany, Belgium, Denmark, Finland,
Holland, Sweden, Hungary, Italy, Norway, Austria,
Russian Poland, Switzerland.
23 Denmark, Norway, Sweden, Germany, Holland, Belgium,
France, Italy, Switzerland, Austria, Hungary, Finland,
Bosnia, Croatia.
(2)
(2)
C2>
38
Carpenters*
F irst.......
Second...
1903
1907
Berlin.............
Cologne..........
(2)
(2)
Denmark, Holland, Austria, Bohemia.
Denmark, Germany, Holland, Austria, Switzerland, Hun
gary.
i Includes the secretary.
* No report available*
* Indudes only bricklayers.
4 Known as the International Congress of Bricklayers and Building Trades Organizations.
* Building trades, including bricklayers.
INTERNATIONAL TRADE-UNION MOVEM ENT.
79
INTERNATIONAL CONGRESSES OF SPECIFIED TRADES, ETC.—Continued.
Commercial Employees.
Congress.
Date.
Place.
Number
of dele
gates.
First.......
Second...
T hird---
1904
*907
1910
Amsterdam...
Stuttgart........
Copenhagen...
0)
Countries represented.
Germany, Austria, Italy, and Holland.
0
Germany, Austria, England, Hungary, Holland, Bulgaria,
Bosnia, Herzegovina.
8
0
Diamond Workers.
First
Second...
T h ir d ....
Fourth...
F ifth ... ,.
S ix th . . . .
Seventh..
E ig h th ...
1889
1890
1894
1895
1897
1905
1907
1910
Charleville___
Antwerp.........
Amsterdam...
Antwerp.........
Paris...............
St. Cloud........
Amsterdam...
N inth___
1913
A ntw erp.........
0
C1)
0
39
48
0
0)
37
0)
0
0
0
Holland, Belgium, Germany, Switzerland.
Ho-llaad, Belgium, France, England, Holland, Switzerland.
Holland, Belgium, France, Switzerland, United States.
Germany, Belgium, United States, France, Great Britain,
Holland, Switzerland.
Factory Workers.
First.......
Second...
1907
1910
Stuttgart........
Copenhagen...
Austria, Sweden, Norway, Denmark, Germany.
Bulgaria, Denmark, Norway, Sweden, Austria, Germany.
0
0)
Furriers.
First
. ,
1894
Brussels..........
Second...
Third___
1902
1906
Hamburg.......
L eipzig...........
Fourth...
1909
Brussels..........
16
Fifth.......
1912
Vienna............
3 11
0
215
12
Belgimn, France, Great Britain, Germany, Austria,
Hungary.
Germany/Belgium, France, England, Austria.
Belgium, France, Austria, Hungary, Germany, Great
Britain, Switzerland.
Belgium, France, Austria, Hungary, Germany, Great
Britain, Denmark, Holland, Italy, Switzerland.
Germany, Austria, Hungary, Belgium, France, Switzer
land.
Glass Workers.
F irst4--Second...
Third___
Fourth...
Fifth.......
S ix th ___
Seventh..
E ighth ...
N in th ....
1886
1891
1892
1893
1894
1896
1898
1901
1908
London...........
London...........
London...........
London...........
Paris...............
London...........
London...........
Hanover.........
Paris...............
Tenth—
1911
Berlin.............
0
19
26
21
48
17
26
28
18
England, Scotland, Ireland.
Denmark, Germany, France, England.
England, Denmark, Germany, France.
England, Denmark, France.
France, England, Germany, Denmark, Spain.
England, Holland, Denmark, Germany.
England, Germany, Austria, Belgium, Denmark.
Eugland, Germany, Austria, Denmark, Switzerland.
England, France, Germany, Belgium, Holland, Austria,
Italyr, Spain, Denmark, Sweden, Switzerland, United
States, Argentina, Brazil.
England, France, Germany, Austria, Hungary, Belgium,
Holland, Denmark, Sweden, Italy, United States.
Ilairdre&scrs.
First
Second...
1907
1911
Stuttgart........
Zurich.............
7
6
Germany, France, Austria, Hungary, Switzerland.
Germany, Austria, Switzerland, France, England.
1 No report available.
2 Secretary and delegates without voting power included.
* Secretary included.
< Another source gives the first congress as of 1884 (April).
80
SU RVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
INTERNATIONAL CONGRESSES OF SPECIFIED TRADES, ETC.— Continued.
Hatters.
Number
of dele
gates.
Congress. Date.
Place.
1891
1893
1896
1900
1903
Paris......
Brussels.
Zurich2..
London..
Paris......
Brussels.
(?)
First.......
Second...
Third___
Fourth...
Fifth.......
S ix th ___
1906
1909
Frankfort.
Vienna___
0)
Seventh..
1912
Milan.
Countries represented.
0)
0)
Germany, France, Austria, Italy, Hungary, Switzerland.
England, France, Germany, Austria.
France, Italy, Germany, Austria, Roumania.
Austria, Hungary, England, Italy, Belgium, Spain, Rou
mania, Denmark, Switzerland, Brazil, France, Germany.
0)
17
15
Belgium, Denmark, Germany, England, France, Sweden,
Norway, Finland, Italy, Austria, Russia, Switzerland,
Hungary.
Germany, Belgium, France, Switzerland, Russia, Scandi
navia, Spain, Portugal, Italy.
H otel, R estaurant, and Caf& W orkers.
First. , .
1908
B erlin.............
18
Second...
1911
A m sterdam ...
20
Germany, Italy, Austria, Hungary, France, Denmark,
England.
Belgium, Denmark, Germany, England, France, Argen
tina, Holland, Italy, Austria, Hungary, Serbia, Roumania.
Lithographers.
First.......
1896
London..........
26
Second...
Third___
1898
1900
Bern................
Paris...............
17
19
Fourth...
Fifth
S ix th . . . .
1902
1904
1907
Berlin.............
Milan..............
Copenhagen...
Seventh..
1910
Amsterdam. . .
14
O)
0
19
Germany, England, France, Austria, Switzerland, Italy,
Portugal.
Germany, England, France, Italy, Switzerland.
England, Germany, France, Italy, Belgium, Denmark,
Spain; Switzerland.
Germany, Austria, France, England, Denmark, Holland,
Belgium, Hungary, Norway, Sweden, Italy, Switzer
land, United States.
i No report available.
Federation o f Office Em ployees and Clerks.
First
Second...
T h ir d ....
F ourth...
Fifth..
1900
1903
1906
1909
1912
Paris...............
Brussels..........
London..........
Geneva...........
The Hague---
0)
(»)
C1)
0)
0)
0)
0)
0)
0)
0)
Painters.
F irst
1911
Zurich.............
13
Italy, France, United States, Germany, Austria, Swit
zerland, Denmark, Holland, Sweden,
Potters.
First
Second...
1894
1907
Gorlitz...*.......
Berlin.'...
i N o report available.
C1)
( ])
Denmark, Austria, Hungary, Bohemia, Germany.
Bulgaria, Germany, Austria, Hungary, Sweden.
2
International union founded.
IN TE K N A TIO N A L TK AD E-U N IO N M O V E M E N T.
81
INTERNATIONAL CONGRESSES OP SPECIFIED TRADES, ETC.— Continued.
Printers.
Congress.
Date.
Place.
Number
of dele
gates.
First.......
1887
Paris...............
C1)
Second...
1892
Bern...............
C1)
Third___
1896
Geneva...........
0
Fourth...
1901
Lucerne..........
0
Fifth.......
1907
Paris...............
0)
S ix th ___
1912
Stuttgart........
C1)
Countries represented.
Spain, Italy, Austria, Belgium, Switzerland, Germany,
England, Hungary, Norway, Denmark, France, United
States.
Switzerland, Germany, England, France, Austria, Nor
way, Hungary, Belgium, Italy, Roumania, Holland,
Luxemburg, Denmark.
Germany, Austria, Hungary, France, Italy, Denmark,
Holland, Switzerland, Norway, Luxemburg, Bulgaria.
Germany, Switzerland, Italy, Belgium, Holland, Luxem
burg, Denmark, Sweden, Norway, Hungary.
Germany, France, Austria, Hungary, Switzerland, Italy,
Belgium, Denmark, Sweden, Norway, Serbia, Bulgaria.
Germany, Austria, Italy, France, Hungary, Switzerland,
Belgium, Sweden, Denmark, Norway, Finland, Rou
mania, Croatia, Serbia, Bosnia, Luxemburg.
W orkers in Public Services.
First___
1907
Stuttgart........
17
Second,..
1910
Copenhagen...
30
T h ir d ....
1913
Zurich.............
29
Denmark, Germany, Holland, Sweden, Switzerland, Hun
gary.
Denmark, Germany, Luxemburg, Sweden, Switzerland,
Bohemia, Holland.
Belgium, Bohemia, Denmark, Germany, England, France,
Holland, Luxemburg, Sweden, Switzerland.
Saddlers.
F ir st....
1906
Dresden..........
Second...
1909
Cologne...........
Third___
1913
Vienna............
0)
16
0)
Germany, Austria, Hungary, Scandinavia, Belgium, Swit
zerland.
Germany, Austria, Hungary, Scandinavia, Belgium, Eng
land, France.
Germany, Austria, Hungary, Scandinavia, Belgium,
France.
Stone W orkers.
First___
Second...
1898
1903
Wurzburg.......
Zurich.............
Third___
1908
Cassel..............
16
(•)
Germany, Sweden, Bohemia.
Germany, Switzerland, Belgium, Italy, France, Sweden,
Austria, Hungary.
Germany, Belgium, Austria, Sweden, Hungary, Spain,
Switzerland, Norway, Netherlands, Denmark, Serbia.
Tailors.
First.......
1893
Zurich............
20
Second...
1896
London...........
28
Third___
1900
Paris...............
c1)
Fourth...
Fifth
1904
1908
S ix th ___
1913
Dresden..........
' Frankfort on
on the Main.
Vienna............
0)
(1> 28
1No report available.
143445°— 20—-Bull. 268------- 6
Germany, Austria, Hungary, Great Britain, Switzerland,
Belgium.
Germany, Great Britain, France, Switzerland, United
States, Belgium.
Great Britain, France, Germany, Austria, Hungary, Swit
zerland.
Germany, Great Britain, Netherlands, Denmark, Austria,
Hungary, Switzerland, United States.
Denmark, England, Germany, France, Holland, Austria,
•Switzerland, Serbia, Bulgaria, Hungary, United States.*
2 Ladies’ garment workers.
82
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
I N T E R N A T IO N A L
CONGR'ESSES O F S P E C IF IE D T R A D E S ,
ETC .— Concluded.
T extile W orkers.
Place.
Congress. Date.
First.
1894
Manchester...
Second..
Third...
1895
1897
Ghent.............
Roubaix....... .
Fourth..
F ifth ....
1900
1902
Berlin.............
Zurich........... .
S ix t h ...
Seventh.
Eighth..
1905
1908
1911
Milan..............
Vienna...........
Amsterdam...
Number
of dele
gates.
Countries represented.
54
England, France, Belgium, United States, Austria, Den
mark, Holland.
Great Britain, Belgium, France, Germany, Austria.
Great Britain, France, Germany, Belgium, Austria, Hol
land.
Great Britain, France, Germany, Belgium, Austria, Russia.
Great Britain, France, Germany, Belgium, Holland,
Austria, Italy, Switzerland.
Eight countries.
83
England, Germany, Austria, France, Denmark, Belgium,
Switzerland, Holland.
0)
Tobacco W orkers.
25
1890
1892
Antwerp.........
Amsterdam....
Third---
1894
B asel...............
C1)
Fourth...
1896
London..........
0)
0)
First.......
Second...
0)
Fifth__ f
1900
Paris...............
S ix t h ....
1904
A m sterdam ...
0)
Seventh..
1907
Stuttgart........
0)
E ighth ...
1910
Copenhagen...
N inth___
1913
Vienna............
15
(l)
Belgium, Holland, Great Britain, and Germany.
Belgium, Holland, Denmark, Sweden, Norway, Germany,
Switzerland.
Belgium, Holland, Luxemburg, Denmark, Germany, and
Switzerland.
Belgium, Holland, Great Britain, Germany, Denmark,
Switzerland, Luxemburg.
France, Belgium, Holland, Luxemburg, Denmark, Great
Britain.
Belgium, Holland, Luxemburg, Great Britain, Denmark.
Sweden, and Germany.
Austria, Switzerland, Great Britain, Germany, Belgium,
Holland, Denmark, .Sweden.
Belgium, Holland, Denmark, Sweden, Great Britain, Ger
many, and Bulgaria.
0)
Typographical Tracies.
First
1889
Paris...............
0)
Second...
1892
Bern................
0)
Third___
1896
Geneva...........
0>
Fourth...
1901
Lucerne..........
(2) ......
Fifth..
1903
1907
Strassburg___
Paris...............
S ix th ---
1912
Stuttgart........
* N o report available.
20
0)
29
24
Spain, Italy, Austria, Belgium, Switzerland, Germany,
Great Britain, Hungary, Norway, Denmark, France
United States.
Switzerland, Germany, Alsace-Lorraine, Great Britain
France, Austria, Hungary, Belgium, Italy, Roumania
Holland, Luxemburg, Denmark, Norway.
Germany, Austria, Hungary, France, Italy, Denmark
Holland, Switzerland, Norway, Alsace-Lorraine, Luxem
burg, Bulgaria.
Germany, Alsace-Lorraine, Austria, Hungary, Dalmatia,
Italy, Belgium, Holland, Denmark, Norway, Sweden,
Luxemburg, Switzerland, Croatia.
Germany, Austria, France, Hungary, Switzerland, Croatia,
Serbia, Bulgaria, Italy, Luxemburg, Belgium, Denmark,
Norway, Sweden, Portugal, England, Scotland.
Switzerland, Germany, Austria, Hungary, Croatia, Ser
bia, Bulgaria, Bosnia, Herzegovina, Italy, France, L ux
emburg, Belgium, Denmark, Norway, Sweden. Finland,
England, South Africa.
2 Conference.— N ot numbered in report.
CHAPTER V.— SEMIPUBLIC AND P R IV A TE ASSOCIATIONS
AND CONGRESSES.
Bridging tlie gap between the partisan agitation and aims of the
political and trade-union labor movements and governmental action
eventuating in labor laws and treaties stand the international organi
zations of students and workers in the field of labor reform and legis
lation. It is only in recent years that such organizations have as
sumed any importance in the movement. They represent the interest
of the public at large in the international labor movement.
The members of this class of associations are principally econo
mists, social workers, and governmental administrators. The parties
involved in the adjustments of labor legislation, the worker and the
employer, have not taken part as representatives of their respective
groups. The attempt, for instance, to make the first congress for the
discussion of labor legislation held by disinterested reformers (Con
gress of Brussels, September, 1897) represent in its make-up official
trade-union elements proved a failure. The trade-union groups pre
ferred to hold their own gathering (Congress o f Zurich, August, 1897),
Whether on the whole it would conduce to the effectiveness of the
congresses and associations, whether it would give greater weight to
their recommendations to have the parties in conflict represented as
such in their organizations is a moot question. Certainly the repre
sentation of these interests in the make-up of these bodies would lend
color to the belief that the members understand the points of view of
the conflicting groups and that their recommendations embody the
ultimate compromises of such groups.
The various semipublic and private international organizations
whose activities are described in these pages include the follow ing:1
International Federation for the Observance of Sunday.
International Association on Unemployment.
Permanent International Committee of Social Insurance.
International Association for Labor* Legislation.
Permanent International Commission for the Study o f Occupa
tional Diseases.
International Home Work Bureau.
1 T he I n te r n a tio n a l A sso c ia tio n for th e P r o tectio n o f N a tiv e L abor h as heen om itted by
reason o f it s w a n in g im p o rta n ce and. th e In te r n a tio n a l H ou sin g and T ow n P la n n in g A sso
cia tio n is n o t considered because of its h ig h ly sp ecia lized ch aracter and th e in d ir e c t rela tio n
w h ich it bears to labor control.
83
84
SURVEY OF IN TE R N A T IO N A L ACTION A FFECTIN G LABOR.
C O N G R E SS O F B R U SS E L S , 1897.*
The first nonofficial and nonlabor conference was the Congress for
International Labor Legislation which met at Brussels, September
27-30, 1897. A Belgian committee had been formed more than a
year and a half before this meeting for the purpose of organizing the
congress and had attempted, without success, to bring about its union
with the international labor congress held at Zurich a month earlier.
The Swiss Congress was organized on the basis of representation of
labor groups while the Belgian Congress was open to all classes.
Exponents o f various schools of thought as well as governmental rep
resentatives, manufacturers, and men in administrative positions were
represented at the Brussels conference and many o f the former dele
gates to the Berlin Conference of 1890 were present. An attempt was
made by part of the German press to give the conference an official
character and to make it appear as a continuation of the Berlin Confer
ence. The deliberations of the congress were interpreted as indicat
ing an approaching agreement between the different Governments
based upon the decisions reached at Berlin or at least a closer agree
ment upon certain points in the regulations laid down at that con
ference. The French and Belgian press, on the other hand, ridiculed
the congress for its failure to achieve definite results and the German
press for attempting to cover the real failure of the meeting. These
two sets of opinions represent the extremes and probably both fail
to present a true picture of the situation. In view of the fact that
the Berlin Conference was of an official character, having the power
to pass resolutions and prepare plans looking toward diplomatic
agreements, and that the Brussels Conference on the other hand
had no official status in spite of the attendance of. men who were
delegates at the previous conference, it is impossible to consider it as
a continuation of the previous meeting. Its main object was to de
termine how much had been accomplished in the matter of labor legis
lation in the different countries since the Conference of Berlin, and
to decide upon the best plans for bringing the labor legislation of the
various countries into agreement and for improving existing laws.
Fifteen countries were represented among the delegates—Austria,
Belgium, Brazil, France, Germany, Great Britain, Holland, Hun
gary, Luxemburg, Portugal, Roumania, Russia, Spain, Sweden, and
the United States.
The honorary president of the congress was the Duke of Ursel,
Belgian senator, and the presidents were Harze and Linder. All of
1 Congrfcs in te r n a tio n a l de le g is la tio n du tr a v a il ten u H B ru x elles du 2 7 au 3 0 S.ep|:,,
1 8 9 7 . R ap p orts e t eom pte rendu a n a ly tiq u e des s ta n c e s pu blies par le B ureau de la com
m issio n d ’o rg a n isa tio n . B ru ssels, 1 8 9 8 . x x x ii, 7 4 1 pp. Le d ro it in te r n a tio n a l ouvrifcr,
E. M ahaim , pp. 2 1 1 - 2 1 3 . L ’office in te r n a tio n a l du tr a v a il. Son o r g a n isa tio n e t son but,
D r. E tien n e B auer, p. 7. R evue du d ro it pu blic e t de la scien ce p olitiq u e. P a r is, 1 8 9 7 .
Vol. 8, No. 2 , pp. 5 5 9 - 5 6 5 .
PRIVATE ASSOCIATIONS AND CONGRESSES.
85
them were former delegates to the Berlin Conference and represented
Belgium and France. Other delegates of note were Charles Gide and
Yves Guyot of France, Lujo Brentano of Germany, Eugen von Phillippovich of Austria, W. F. Willoughby and C. D. Wright of the
United States, Raffalovich of Russia, H. Llewellyn Smith of Great
Britain, and the secretary, Ernest Mahaim of Belgium. Among others
attending were Maurice Belom, France, prominently identified with
accident insurance matters, and Baron von Berlepsch, former presi
dent o f the Berlin Conference of 1890.
While the conference conformed strictly to its rules and confined
itself to debate upon the program, passing no resolutions, it had a
decided influence upon the subsequent development of international
labor legislation. It occasioned the production of a noteworthy
monograph upon legislative principles in force, and centered the at
tention o f economists of all parties upon international phases of the
labor movement. It also called forth the proposal from Mr. Henrotte, Belgian chief of labor inspection, for the suppression of indus
trial poisons by international agreement and the suggestion that a
trial of such legislation might conveniently be made by the inter
national prohibition o f the use of white lead and phosphorus.
That the establishment of an international labor office would be of
great service seemed to be the universal sentiment of the delegates, al
though only one delegate strongly advocated the establishment of an
official international bureau. “ The congress plainly manifested its
preference for the organization of a private office which the Govern
ments would not hesitate to support when its working should have
furnished the decisive proof of its usefulness and of the services it
is called upon to render.” 1 The proposal meeting with the greatest
favor among the delegates was that of a bureau modeled after the
“ permanent committee on labor accidents and social insurance ”
founded at Paris in 1889, and although the conference closed without
having passed a resolution on the subject, many of the members met
at its close in order to again take up the question o f forming a per
manent committee. A committee of three under the chairmanship
o f the Duke of Ursel undertook to prepare the way for the establish
ment of an international labor association representative of all parties
interested in the adequate protection of labor, and for this purpose
drafted a tentative constitution and by-laws for such an organization.
It also lent its aid to the collection of copies of protective labor laws
and regulations in force, witih the result that, toward the close of 1898,
there appeared Volume I of the Belgian publication Annuaire de la
legislation du travail, covering in French the labor laws promulgated
^ F ic , P a u l: R evue (lu d ro it public e t de la scien ce politiq u e.
p. 5 6 5 .
P a r is, 1 8 9 8 , vol. 8, No. 2 ,
8 6
SURVEY OF IN l'tfR N A T IO N A L ACTION AFFECTIN G LABOR.
in tlie year 1897. Among the prominent supporters of this under
taking was Mr. Nyssens, Belgian Minister of Industry.
In 1899 Baron von Berlepsch, to whom the plan o f an inter
national association on labor legislation was familiar, met with Ger
man economists and men familiar with politics, in Berlin, to consider
the proposition and examine the tentative constitution submitted by
the committee. The constitution outlined was generally approved and
twenty individuals w^ere delegated to enter into relations with other
nations for the creation of other committees in furtherance o f the
project.
An Austrian committee having the same object met at Vienna in
May, 1899, under the direction of von Phillippovich, and a fourth
committee, under the presidency of Colonel Frey, formed at Bern, in
July, 1900, the 44Swiss Association for the Development of Inter
national Labor Protection.”
Tlie principles stated in the constitution proposed by the German
committee were closely adhered to in the organization of a labor sec
tion in France, which infused more life into the movement by sum
moning interested parties to another international labor congress at
the time o f the Paris Exposition o f 1900. In the same year the
French Minister of Commerce, Mr. Millerand, made an unsuccessful
attempt to bring about with Belgium negotiations on labor legisla
tion. The incident reveals the status of governmental cooperation
in matters pertaining to labor at this stage o f the movement.
The program of discussion was interrogatory following in this
respect the program prepared originally by the SwTiss for the inter
national conference projected by them and later abandoned to give
place ^o the conference of Berlin. This program’asked for informa
tion concerning the evolution and modification of labor legislation
in the various countries subsequent to the Conference of Berlin,
inquired* regarding the situation of the different industrial States
with reference to certain resolutions of that conference, and put vari
ous other questions, as to whether international labor protection is
possible and desirable, and if so, in what measure and under what
form ; what regulation, if any, should obtain with reference to small
industry and home industries; what would be the utility and de
sirability of the concurrent adoption b}^ all industrial States of the
regulations imposed upon dangerous industries by part o f them, and
found salutary in effect; what the appropriate means of insuring the
better execution of protective labor laws and what the laws governing
the duties of labor inspectors; and what the desirability o f establish
ing international reports by labor offices and the compilation of labor
statistics international in scope.
PRIVATE ASSOCIATIONS AND CONGRESSES.
87
C O N G R E S S O F P A R IS , 1900.
The congress of Paris (July 25-29, 1900) was organized through
the efforts of Professors Cauwes and Jay from the membership of the
four committees which were formed, following the Brussels Con
gress o f 1897, described above, for the purpose of promoting the es
tablishment of an international association for the protection of
labor. The purpose of the congress was not to undertake a new dis
cussion of the principle of intervention by law in labor contracts as
this subject had been thoroughly gone into at the Brussels Confer
ence, but rather to discuss the ways and means by which this inter
vention could be brought about, since it was generally agreed that the
duties as well as the interests of the nations required international
legislation for labor protection. The chief agency needed to achieve
this result, it was felt, was the creation of an international labor office,
which was advocated at Brussels in 1897. This idea had taken firm
hold since that time and important national groups having as their
object the formation of such an association had been formed.
The condition attached to participation in the Congress was the
same as that laid down by the Trade-IJnion Congress of Zurich, three
years earlier (pp. 66 to 68), which stipulated the recognition of
the principle of the right of the States to interfere in protecting
labor. Delegates were sent by the following States: Netherlands,
Russia, United States, Austria, Belgium, and Mexico.
Among the leaders present were such men as Baron von Berlepsch, former Minister of Commerce, Germany; Leon Bourgeois, dep
uty, Chamber of Deputies, France; Prof. Lujo Brentano, of the Uni
versity of Munich; Adolfo Alvarez Buylla, professor of law at the
University of Oviedo, Spain; John B. Clark, Columbia University;
Hector Denis, University of Brussels, member French Chamber of
Deputies; Paul Deschanel, president French Chamber of Deputies,
Paris; Emile Durklieim, of the University of Bordeaux; Richard T.
Ely, University of Wisconsin; Achille Loria, University of Padua;
Ernest Mahaim, University of Liege; Lucien March, Census Division,
Office of Labor, Paris; Georges von Mayr, University of Munich;
Nyssens, former Minister of Labor, Belgium; von Phillippovich, Uni
versity of Vienna; Paul Pie, University of Lyon; H. Scherrer, presi
dent of the Congress of Zurich, 1897; Gustave Sclimoller, University
o f Berlin; Jules Siegfried, former Minister of Commerce, France;
Werner Sombart, University of Breslau; M. W. F. Treub, director of
the Centraal Bureau vor Sociale Adviesen, Amsterdam; E. Vandervelde, Chamber of Deputies, Belgium; Emile Waxweiller, chief of
the Office o f Labor, Belgium; Sidney Webb, London; Beatrice Webb,
London; Carroll D. Wright, Department of Labor, Washington.
88
SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
No papers were read by the American delegates nor did they take
part in the discussions, but Mr. W. F. Willoughby was a member o f
the committee appointed to draft the constitution of the International
Association for Labor Legislation.
The representative from Italy, Signor Luzzatti, uttered on this
occasion a significant declaration1 with reference to labor conditions
in his country:
I come from a country where industry is only just beginning to develop. I
should be thankful if you could, by means o f a compelle intrare, give us an im
petus in the direction o f progress. I should be thankful if you could give to
Italian workmen by international legislation that protection which national
legislation does not afford them.
Decisive results can only be attained by way o f international legislation. I
have often urged the prohibition o f night work in cotton m ills; the reply has
always b een : W illingly, but first let it be introduced in the neighboring States
which compete with us. T ry to bring it about by way o f international legis
lation.
I have no doubts that in future, together with, or indeed supplementary to,
our commercial treaties, w e shall have labor treaties. In such treaties, we
shall include provisions tending to level up conditions o f exchange.
Finally, I feel I must give my opinion that all our attempts w ill remain as a
thing incomplete i f we are not capable o f quickening them with the warmth o f
human solidarity. Especially in the realm o f social questions one is continu
ally constrained to think o f the beautiful saying that really fruitful thoughts
always spring from the heart.
The work outlined for the congress consisted of the consideration
of four things—the legal limitation of the length of the workday,
the prohibition of night work, the inspection of labor, and the forma
tion of a union or international association for the legal protection of
labor. In the discussions it was denied that any expectation was en
tertained of realizing by international agreement a Utopia o f com
plete unification of protective law ; it was rather expected that greater
similarity of such laws would gradually evolve. As to the deter
mination of a maximum workday it was declared that the consensus
o f opinion of past congresses seemed to favor a period of 11 hours
conditional on its gradual reduction to 10 hours; nightwork, with
the usual reservations, was condemned; labor inspection was defined
as an essential institution, capable o f further development with re
spect to the establishment of permanent relations between its offices in
different countries, and of augmentation, notably by the addition of
penalties, the specialization of functions, and the inclusion of in
spectors representative of the rank and file of labor.
The creation of an official international office was opposed as con
ducive to complications under the excessive burden of responsibility
which would be imposed by the superintendence of political, indu^
1 C ongres in te r n a tio n a l pour la p ro tectio n 14gale des tr a v a ille u r s, tenn , & P aris, Le
M us€e S o cia l du 2 5 au 2 8 ju ille t, 1 9 0 0 . R apports e t com pte rendu an a ly tiq u e des sean ces,
P a ris, 1 9 0 1 , p. 4 8 8 .
PRIVATE ASSOCIATIONS AND CONGRESSES.
89
trial, and commercial relations of international consequence; but a
private office being deemed permissible and desirable, the matter was
settled by providing for the formation of the International Associa
tion for Labor Legislation.
IN T E R N A T IO N A L A S S O C IA T IO N F O R L A B O R L E G IS L A T IO N .1
The International Labor Office was established at Basel, May 1,
1901. The idea of establishing such an office originated in Switzer
land, and was an outgrowth of the agitation for labor regulation
through international agreements, which at the time of formation
of the association had extended over a period of 25 years. Although
these efforts at international regulation began in 1876, it was not until
1889 that the definite proposal to form an international labor office
for the purpose of receiving and transmitting reports in regard to
carrying out international conventions, of studying the development
of labor legislation, and of publishing the results of these studies,
was made before the Swiss Federal Council. This and subse
quent proposals along the same line which were brought before the
Berlin conference of 1890 (see p. 118), and which, as has been seen,
were also advocated by the Zurich and Brussels conferences of 1897
and by other labor conferences, failed to produce immediate results.
In a message of January 16,1897, the Swiss Federal Council declared
that one great power and one State of lesser importance were in favor
of creating such a bureau, and that two other States were not opposed
in principle but believed the time was not opportune for such a move,
while the other States for various reasons were either opposed to it or
undecided. This opposition was reflected in the deliberations of the
Congress of Brussels at which the final decision favored a privately
created international labor office, which would in the course of time,
as it showed its value, become semiofficial in character and receive
recognition and aid from the different Governments. It was believed
also by the delegates to this conference that a labor office formed in
this way, while it could not enact obligatory regulations, would never
theless have such influence upon public opinion that it could deter
mine future governmental policy to a greater extent than would be
possible if it were hampered in its liberty of action by the necessity
o f each Government giving consideration to the responsibilities it
was assuming.
A conference of the four committees which were formed to con
sider this question following the Brussels conference was called to
1 T he p rin cip a l sources are th e p u b lica tio n s o f th e a sso c ia tio n and its natiom al b r a n c h e s ;
alscr^L ’A sso c ia tio n in ter n a tio n a le pour la p ro tectio n le g a le des tr a v a ille u r s, par M aurice
A lfa ssa (in R evue p o litiq u e e t p arlem en taire, P a ris, Nov. 10, 1 9 0 4 ) ; T he in te r n a tio n a l
labor office in B a sel, by S tep han B auer (in E conom ic Jou rn al, L ondon, 1 9 0 3 , vol. 1 3 ,
pp. 4 3 8 - 4 4 3 ; L ’Office in ter n a tio n a l du tr a v a il, son o r g a n ization e t son but, Zurich, 1 9 0 1 ,
3 0 pp .)
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SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
meet at Paris during the Paris Exposition of 1900. The by-laws of
the International Association drawn up by Ernest Mahaim and pre
sented by the Belgian committee were adopted at this meeting and
a secretary and a temporary committee appointed.
The association itself is composed of all persons and societies ad
hering to the objects of the association and paying the annual dues
of 10 francs ($1.93), and is under the direction of a committee com
posed of members from the various countries which have been ad
mitted to representation, as provided in article 7 of the constitution.
The bureau or governing board of the labor office, consisting of a
president, a vice president, and a general secretary, is selected from
among the members of the association and performs its executive
functions. The office is located at Basel, Switzerland.
The office work is performed by a director, who is the general secre
tary o f the association and is appointed by the international commit
tee, an assistant secretary, a clerk, and a translator, each appointed
by the bureau, and occasional help employed by the director.
The office being semiofficial in character is supported in part by
contributions voted by some of the countries represented in the asso
ciation. While 25 countries have established national branches of the
International Association only 19 contributed public funds to its sup
port in 1913. Seven conferences have been held by the association, the
latest in Zurich in 1912, in which official representatives of 22 coun
tries participated.
G ENERAL M EE T IN G S OF T H E D ELEGATES—IN T E R N A TIO N A L ASSOCIATION FOR
LABOR LEGISLATION.1
Official representa
tion.
Number.
Place.
Date.
First
Second...
T hird___
Fourth...
Fifth
S ixth . . . .
Seventh..
B asel.................. .........
Cologne.................
B a se l............................
Geneva........... ............
Lucerne........................
Lugano........................
Zurich..........................
1001
1902
1904
1906
1908
1910
1912
National sections represen
tation.
Total
number
of
Number
Number
Number
Number having delegates.
Number of Gov
of
of
of Gov ernment national
voting
ernments. delegates. sections. delegates.
right.
4
11
10
10
14
13
22
4
21
15
13
24
25
47
7
212
*11
2 16
216
216
224
35
44
40
65
73
90
118
35
42
33
59
61
70
83
39
65
55
78
97
115
165
1 Compiled from the original reports of tlie meetings. These figures have been ascertained by a carefu
counting of the lists of delegates given in the reports. They do not agree in every ease w ith the tabulated
statement made up by the office itself and printed in the report of the seventh delegates, meeting.
2 Including delegates representing the Holy See.
The work of the International Association for Labor Legislation
may be described as international cooperation in the collection and
publication of the labor laws of all countries, in the investigation of
industrial conditions and the study of industrial problems, and in jtlie
formulation of legislation based on such investigation and study.
PRIVATE ASSOCIATIONS AND CONGRESSES.
91
The association works not only through its international conferences,
which are held biennially, but continuously through its central organ
ization, the International Labor Office at Basel, Switzerland, and its
affiliated national sections. Its most important activity is the publi
cation o f a buletin, which is normally a monthly publication, though
actually several months are usually run into one issue, in German,
French, and English. The bulletin contains the text of new labor
laws, together with a record of legislative proceedings and the changes
in administrative methods.
The lines of its work are determined primarily at its biennial
meetings, where representatives of all the national sections take part.
The plans o f its investigations are worked out by the International
Labor Office. It is the function of the international office; working
through the various sections, to amass and classify information. This
it does by calling upon the sections to draw up reports. These reports
furnish the basis of discussion and action at the biennial meetings,
and supply a most valuable body of information in regard to in
dustrial conditions in the important industrial countries.
The range of subjects to which the association has already given
attention has been deliberately limited because o f the belief that ef
fective results could thus more readily be secured. Discussion of three
subjects before the association has already resulted in international
treaties. These are prohibition of the night work o f women; prohibi
tion of the use of white phosphorus in the manufacture of matches;
and insurance of workmen against accidents.
The other leading subjects of study and action on the part of the
association have been regulation of the employment of children; pro
hibition of the night work of young persons; regulation o f the use of
industrial poisons, especially lead; administration of labor laws and
factory inspection; legal limitations o f the working day.
FIRST DELEGATES’ MEETING, BA SEL, SEPTEM BER 27, 28, 1901.1
The work of organization as outlined above was completed by the
first delegates’ meeting of national sections. This first meeting is
known as the “ Constituent Assembly of the International Associa
tion for Labor Legislation.” Delegates attended from seven coun
tries— Austria, Belgium, France, Germany, Italy, Netherlands, and
Switzerland, in which national sections had been constituted. Four
countries— France, Italy, Netherlands, and Switzerland—sent official
representatives.
A careful study of the proceedings of these meetings reveals the
fact that in their resolutions and discussions were laid the foun
dations for important labor laws which have since been adopted by
1
Summaries of the general meetings of the delegates are given in L a
Internationale ouviere, par L. Chatelain, Paris, 1908, pp. 94-139.
protectional
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SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
the several nations. The now fairly general acceptance of the prin
ciple o f the equal treatment of foreigners and citizens in the social
insurance laws of a country may be cited as an example. Another
subject touched upon in the discussion of certain of the delegates and
destined to assume larger proportions in later years, was that of
regulating the recruiting of young Italian emigrant laborers, which
was an evil particularly prevalent in France.
SECOND DELEGATES* MEETING, COLOGNE, SEPTEMBER 23, 24, 1902.
The next year the second delegates’ meeting of the association was
held at Cologne. Forty-four delegates sent by 12 national sections,
besides 21 official representatives of 11 European powers, constituted
an attendance that was very encouraging as contrasted with the offi
cial representation accorded by only four powers in the year previous.
The assembly confined its labors chiefly to two topics—the night
work of .women and the use of white phosphorus and lead in industry.
The principal obstacle encountered in dealing with the first question
was the disagreement as to just what exceptions, if any, to the gen
eral prohibition of night work to females were feasible. In disposing
o f this matter the convention resorted to the expedient of appointing
a commission to discover through study of the various factors enter
ing into the problem the measures best adapted to the effective pro
hibition of such labor and the progressive cancellation of exceptions
permitted. Similar provision was made for the investigation o f
measures to abolish the use o f white prosphorus in industry and to
suppress as far as possible the use of white lead. As a means to this
end it was resolved to bring pressure to bear upon State and local
authorities for the elimination of the use of lead in establishments
under their jurisdiction. During the following year the results of
the investigations in question were published.
French and Italian delegates at the meeting entered into informal
negotiations upon the subject of a Franco-Italian labor treaty, but
no definite decision in the matter wTas reached at this time.
COMMISSION MEETING AT BASEL, SEPTEMBER 9-11, 1903.
The commission to which the task of making the researches noted
had been assigned met for conference in Basel in 1903. In order to
arrive at some real and practical outcome of the much-discussed
questions concerning the night work of women it asked the Swiss
Federal Council to urge the nations to acquiesce and participate
in another international conference, the aim of which should be
to see this evil put under the ban of effective international pro
hibition. This prohibition, in the mind of the committee, should
find exception in such unavoidable exigencies as fire, flood, explosion
or other accident, or impending loss of perishable products, such as
PRIVATE ASSOCIATIONS AND CONGRESSES.
93
fruit or fish. In dealing with the subject of industrial poisons the
commission requested the Swiss Federal Council to undertake the nec
essary diplomatic action for summoning an international conference
before which the question of prohibiting by international convention
the use of white phosphorus in the match industry might be laid.
The regulation of the use of white lead and its compounds was
deemed a subject also worthy of treatment by such a conference;
moreover, it was held to be the place of the national sections to pur
sue energetically the elimination of the use of white lead products in
painting.
' In accordance w i t h this request the Swiss Federal Council extended
an invitation (Dec. 30,1904) to the various powers for another inter
national conference, and representatives of 15 European countries
met on May 8, 1905, for a nine days’ consideration o f international
labor problems.
On April 15, 1904, France and Italy signed the first of a series
of treaties looking toward reciprocal protection of laborers of the
one country within the territory of the other. The example thus set
created an important departure in international diplomacy.
THIRD DELEGATES* MEETING, BASEL, SEPTEMBER 26, 27, 1904.
In the same year occurred the third general assembly of the Inter
national Association, convened at Basel, with 10 powers officially rep
resented besides the usual delegations from national sections. The
program presented five principal topics for consideration, viz, the
material and financial resources of the International Labor Office, pro
hibition o f industrial poisons, regulation of the night wTork of wo
men and young people, the relation of labor legislation to home labor,
and lastly the problems of social insurance. The five questions were
assigned to as many different committees, which proceeded to consider
and report upon them.
The committee on the resources of the International Labor Office
reported a deficit in the treasury, and asked new subsidies from the
States to meet the need.
The committee on industrial poisons reported the fact that anony
mous philanthropists had donated 25,000 francs ($4,825) as prize
money to be distributed to those who in competition suggested the
best methods of overcoming the dangers of lead poisoning. The com
mittee maintained that the question should be studied with reference
to each industrial group by which lead was used, e. g., manufacturers
o f lead colors, painting establishments, makers of certain electrical
instruments, printing and publishing, plumbing, stonecutters, dyers,
et&., in order that there might be worked out for each group the
restrictions, regulations, or prohibitions necessary to guard the well
being of the laborer. In the painting industry, for example, it urged
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SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
“severe measures to compel in all instances possible the substitution of
less harmful materials for lead products. And finally, in concluding
its resolutions, it recommended, as a preliminary measure for effec
tive resistance to the employment of industrial poisons in general, a
careful classification by experts of all such poisons upon the basis of
the seriousness of the disease produced and that the list be given wide
publicity when completed.
The committee on night work o f young people found abundant
material out o f which to construct a program of investigation.
The committee on home labor desired each national section to
report upon certain designated phases of the problems inherent in
home labor and its relation to labor legislation. The subject of the
investigation o f home industries had been suggested at the meeting
o f the special commission in Basel the year before.
The other committee was charged with the examination of the topic
o f social insurance. The principles adopted by the assembly were
that insurance law applicable in a given case ought to be that of the
place o f the industry giving employment, and that distinctions should
not be drawn between beneficiaries of social insurance because of
their nationality, domicile, or residence. The national sections were
asked to furnish reports to the office before the next general assembly
o f the association, which would throw light upon the means of put
ting these principles into operation in each country as well as inter
nationally. The position taken by the conference upon this point is
noteworthy. It adhered to the position that the topic o f workmen’s
insurance and the right of the laborer to indemnity if incapacitated
by accident was not confined to the domain of private law, and hence
was not by its very nature excluded from international treatment. The
question of the equality of foreigners and citizens under insurance
laws had been for a long time a debated issue. The solution which wTas
gradually being accepted is indicated by the fact that in this same
year, 1904, Italy signed three treaties with as many Governments, in
each o f which it was mutually agreed, in respect to accident insur
ance, to investigate means o f bringing into effect the reciprocal
protection o f citizens of one country working in the territory o f an
other. That this principle is wholly susceptible of application has
since been amply proved by a succession o f treaties on the subject.
Before adjourning, the assembly extended to the national sections
an invitation to include among their studies a special investigation of
the question o f the limitation of the length of the workday.
FOURTH DELEGATES* MEETING, GENEVA, SEPTEMBER 27-29, 1906.
After an interval of two years the association held its fourth gath
ering on September 27,1906, at Geu-eVa, with 78 delegates present and
10 nations officially represented. Those sending delegates were
PRIVATE ASSOCIATIONS AND CONGRESSES.
95
Austria, Belgium, Denmark, France, Germany, Hungary, Italy,
Netherlands, Sweden, and Switzerland. Since its last meeting 4 new
national sections had been added, making a total of 12 such branches
of the organization. The additions were: (1) British section, estab
lished in 1905; (2) American section, established in 1905; (3) Danish
section, established in 1906; (4) Spanish section, established in 1906.
The financial status of the association was found to be satisfactory,
expenses being more than met by contributions and State subventions.
Standing at the head in this respect was Switzerland, which in the
years 1904-1907 contributed over 7,000 francs ($1,351) more than its
nearest rival, Germany, and over 15,000 francs ($2,895) more than
its next nearest rival, France.
The sum of 4,000 francs ($772) was voted to aid in the publication
of an English issue of the Bulletin of the International Labor Office.
The subsidy was accorded for two years only and on condition that
any supplementary expense be met by the national sections. Since
1906 the English Bulletin has made its regular appearance concur
rently with the French and German editions.
The assembly followed the custom of dividing into sections, to
each of which some special topic was assigned, the chief subjects
designated for consideration being (1) child labor, (2) industrial
poisons, (3) night work for young persons, (4) maximum duration
of workday, (5) home work, ('6) insurance.
The resolutions adopted by the meeting authorized the bureau o f
the association to tender thanks in the name of the association to the
various Governments which signed the Bern Conventions and to con
gratulate the Swiss Federal Council upon the notable outcome o f its
efforts; they also called upon the sections to inform the bureau as to
the measures taken in each country in the administration of labor
legislation, and recommended the issuance of a questionnaire by the
office to obtain information with which to elaborate a comparative re
port on the subject; moreover, both the office and the sections were
urged to undertake a similar task in the further investigation of the
question of child labor.
Upon the topic of night work of young workers, the resolutions
specified eight particular points: (1) the general prohibition of such
work to young persons under eighteen; (2) its absolute prohibition
up to the age of 14; (3) exceptions above 14 in cases of exceptional
necessity in industries where materials are subject to deterioration
and loss; (4) its total prohibition in public houses, hotels, and sales
establishments; (5) the provision for a minimum night’s rest of 11
hours, including in every case the hours from 10 p. m. to 5 a. m .; (6)
tlVe permission to make certain exceptions in the transition from old
to new regulations; (7) the desirability of having the serious en
forcement of inspection; (8) the institution of a commission to in
96
SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
vestigate the ways and means of realizing the above and to report
thereon within two years, each section having the privilege of nomi
nating two delegates for the commission and of designating such ex
perts from among employers and employees as should assist in the de
liberations. No suggestion as to the means of execution was advanced
as respects the first seven points and in the case of the eighth provi
sion was merely made for the appointment of a commission further to
investigate tha matter.
The maximum duration of the workday was deemed to be a subject
upon which definite conclusions should be reached for the conserva
tion of the physical well-being and proper moral standards of em
ployees. As a means to this end and in order to be in a position to
pronounce upon the utility of international conventions upon the sub
ject, the bureau was called upon to institute inquiries upon the length
of the workday and t,he effects of its reduction.
With regard to home labor, the sections were urged to request
their Governments to take measures to compel employers to register
home workers and to give precise information as to the scale of
wages in operation. Means were then to be adopted to insure wide
publicity o f such information. The extension of labor inspection and
social insurance to home work, the vigorous application of health
regulations to insanitary conditions under which such labor may be
performed, the effective organization whenever needed o f tradeunions, consumers’ leagues, etc., were all measures recommended by
the resolutions upon the topic. Furthermore, the bureau was directed
to ascertain, in collaboration with a subordinate commission, the
branches o f industry in the home the products of which entered into
the competition of the world market and the prevailing conditions
in those branches in each country, and the divisions of such industry
most urgently demanding reform by reason of excessive length of
the workday, especially for women and children, insufficient wages,
periodic unemployment, and the want of insurance against sickness.
Upon the subject of industrial poisons, the office was urged to facil
itate the execution of the measures recommended at the third assem
bly o f the association and to have the sections appoint experts to
make necessary inquiries and prepare, before January 1,1908, reports
on better means of combating lead poisoning in the manufacture and
use o f lead colors both in the ceramic and printing industries. These
reports were to be sent to the International Office. The national sec
tions were further urged to report before March 1, 1908, on the pro
hibition of the use of lead colors, indicating for each country whether
the prohibition was by law or by administrative order and whether it
applied only to public works or more particularly to private wTorks.
The report should also contain information regarding the conse
quences of such prohibition as well as the results which had been at-
97
PRIVATE ASSOCIATIONS AND CONGRESSES.
tainecl by the use of leadless colors. The bureau was to appoint a
commission of three experts to prepare from the lists furnished by
the experts whom the sections had appointed a final list of the more
important industrial poisons classified in the order of the seriousness
of the malady they caused. This was in execution of a measure re
solved at the assembly two years before; the whole question, aside
from the Bern Conventions, seemed to stand just about where it had
stood then.
The hope was expressed that the powers not adhering to the Bern
Convention prohibiting the use of white phosphorus in the match in
dustry would see their way clear to do so, and the sections were
charged to work energetically for such prohibition.
The resolution on workmen’s insurance rested upon the principle of
the equality of foreigners and nationals before the law ; the associa
tion intimated its dependence upon the reports of the sections to as
certain to what degree it would be possible to realize this equality in
insurance regulation by international agreement. It had already
been partially realized by accident insurance treaties between Luxem
burg and Belgium (April 15, 1905) ; France and Belgium (February
21, 1906) ; France and Italy (June 9, 1906); France and Luxemburg
June 27, 1906) ; also in voluntary national enactments, e. g., those of
the German Federal Council under dates of 1901, 1905, and 1906.
The formulation of international treaties and conventions, the modifi
cation of existing law and the passage of newT legislation, were ad
vanced as possibilities to be duly considered and striven for in so far
as they promoted the application of this principle, for its realiza
tion in national law would be a step toward its incorporation into in
ternational law. Reports were to be made by the sections at the next
meeting upon various phases of the subject.
The information furnished the association by the different national
sections, especially with respect to the enactment and execution of
labor legislation as a result of international agreements, could, under
the skillful handling of the bureau, be made to partake of the nature
of a sanction; such at least seemed to be the hope of the assembly.
The association did not believe the time had as yet come to launch
mere international conventions; for, not only had those just signed
at Bern to be fully tried, but agitation as to the foregoing problems
had to become of sufficient extent and intensity to warrant such a
step. Consequent^ the delegates hesitated to recommend further
advanced measures of international labor legislation.
R e s u lt s
o f
th e
I n t e r n a t i o n a l
P r i z e
C o n t e s t
C o n c e r n in g
L e a d
P o i s
.— Shortly after the adjournment of this assembly the announce
ment was made o f the results of the prize contest for the best treatises
upon the subject of the prevention and reduction of lead poisono n i n g
1 4 3 4 4 5 0— 2 0 — B u ll. 26S-------- 7
98
SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
ing, which had been made possible by reason o f the gift already
referred to. Announcement of this contest had been made by the
commission on industrial poisons at the third meeting o f the asso
ciation (1904), and the conditions of competition had been published
June 10, 1905. Altogether 63 monographs under various disguised
titles were submitted, some o f which proved to be worthy of wide
circulation and made valuable contributions to the movement for
overcoming the evils resulting from the use of white lead and its
compounds in industry. Seven essays weYe recognized to be of suffi
cient merit to warrant the giving of prizes. The first two prizes went
to Messrs. Boulin and Ducrot. These were published by the French
Government in its factory inspection bulletin. The German prize
essay o f Richard Muller was published by Fischer of Jena. The
titles of the three essays in question are as follows: (1) Les fonderies
de plomb, par M. Boulin;1 (2) La saturnisme’ dans la typographic,
par M. D u crot;2 (3) Die Bekampfung der Bleigefahr in Bleihiitten,
von Rich. Muller.3 The four other prize winners were K. Hauck,
Vienna, Austria; Schulz, Ki^l, Germany; and Th. Sommerfeld, Ber
lin, Germany. Twenty-six others received honorable mention or had
their works recommended for purchase. The essays o f these were
later edited in a single compilation at the direction of the Interna
tional Labor Office by Dr. Leymann, of Wiesbaden, Germany, under
the title: “ Die Bekiimpfung der Bleigefahr in der Industrie.” 4 In
no case did the international office assume responsibility for the sug
gestions made or conclusions reached by the authors.
FIFTH DELEGATES* MEETING. LUCERNE, SEPTEM BER 28- 30 , 1908.
The fifth delegates’ meeting of the International Association was
held at Lucerne. Its discussions continued and enlarged upon topics
of the previous meeting. The fact that its deliberations dwelt upon
the prohibition of the night work of young persons and the limitation
of the day work of women is significant since these principles were in
a few years (1913) to form the basis of outlines for new international
conventions. A new topic specifically introduced was that of recom
mending and defining an eight-hour shift for workmen in coal mines.
The suceeding assembly, in 1910, dealt with the same matter and de
fined the length of such a shift as extending from the time when the
first man left the surface to descend into the mine until the time when
the first man completed his return to the surface at the conclusion of
a day’s work.
1 Paris, Imprimerie nationale, 1907.
107 pp.
2 Paris, Imprimerie nationale, 1907. 40 pp.
8 Jena, Gustav Fischer, 1908. 207 pp. plates.
4 Jena, 1908. 25G [1 ] pp.
PRIVATE ASSOCIATIONS AND CONGRESSES.
99
The resolutions drawn up at the previous meeting in 1908 on home
work were reaffirmed. The wretched conditions associated with that
work were attributed chiefly to the insufficient wages paid, and it was
decided to study the question of the organization of wage boards to
solve the difficulty. The question of international negotiations with
reference to the regulation of labor in the embroidery trade was also
considered, as were the problems of suppressing the use of lead paint
in interior finish and restricting the use of lead glazes in the ceramic
industry. Other matters that were discussed included the protection
o f workers in the printing trades and in caissons, the preparation
o f a list of industrial poisons, and the treatment of foreigners
in case of accident. The resolutions on these subjects, on that of
child labor, and on other topics, were reaffirmed in subsequent as
semblies, whose resolutions summed up all of importance included in
those o f this assembly, added to them, and produced more practical
results.
Between 1907 and 1909 the international movement seemed to
lag. In the year 1906 it had reached a high-water mark, but there
after practical results failed to follow in as rapid succession. Signa
tories of the Bern Conventions were tardy in ratifying them. No im
portant labor treaty was signed in the year 1908. By 1910. however,
it had become evident that the Bern Conventions were going to be a
success, and all phases of the movement received a vigorous treatment
at the sixth delegates’ meeting held at Lugano in that year.
SIXTH DELEGATES* MEETING, LUGANO, SEPTEM BER 26-28, 1910.
Sixteen national sections and 13 Governments were represented at
this meeting, which had an attendance of 115 delegates. The delegates
o f the American section were Dr. and Mrs. John B. Andrews, Prof.
Farnum, Dr. L. K. Frankel, and Dr. Helen L. Sumner. Commissioner
Charles P. Neill represented the Federal Government. Hon W. L.
Mackenzie King, Minister of Labor, represented Canada.
The constitutions of two new sections, in Sweden and Norway,
respectively, were approved.
The usual procedure of separating into committees for the consid
eration of special topics was followed. The discussion of subjects in
troduced in former assemblies related in part to industrial poisona,
home work, the maximum workday, the principle of the equal treat
ment of foreigners and citizens in regard to social insurance, the
methods of administering labor laws, and child labor. Codes regu
lating in detail the hygienic conditions of work in ceramic indus
tries, printing shops and type foundries, and caissons, were adopted,
together with resolutions advocating wage boards to regulate home
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SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
work, similar to those provided by the British act of 1910. The
trade of machine-made embroidery, where carried on as a home in
dustry, received special attention in matters pertaining to the regu
lation of working hours. Measures for incorporating into interna
tional conventions the prohibition of night work of young persons
and a universal 10-hour day as a standard for women and young
persons were the most important steps taken. A conference to this
end met in 1913. The American section was urged not to abate its
efforts among the various States to bring about the passage of
health and accident insurance laws without the discrimination against
alien workers that had occurred in some State legislation. The
International Labor Office presented proofs of its first comparative
report on measures adopted in European countries for labor law
enforcement. As for statutes on child labor, a commission was ap
pointed to prepare a report on the comparative methods of enforce
ment of these in the several countries.
Topics newly introduced for consideration included labor holidays,
the protection of railway employees and the prevention of accidents,
and cooperation with the International Association on Unemploy
ment and the Permanent International Committee o f Social Insur
ance (see p. 106). The question of the reduction of the usual 12-hour
day in continuous processes was made a subject for special investiga
tion. At the next delegates’ meeting, in 1912. recommendations on
this matter were precise and definite as the result of a conference that
had been held shortly before (June, 1912) in London by the com
mission appointed to investigate the subject.
Inasmuch as divers operate in foreign waters and on ships of for
eign nations, their trade also was deemed a proper one for interna
tional regulation. Investigation of this question was provided for;
but up to the time of the next meeting (1912) little progress had been
made in the matter.
The national sections were to press the prohibition of the use of
lead paint and colors in interior work, one consequence of which was
that later the Swiss Federal Council was invited to issue a decree
prohibiting the use of lead colors in such work and also establishing
the regulation that in commerce all such colors should be plainly
marked, “ poisonous, containing lead.” The council was further re
quested to consider, in any regulations issued for the prevention of
occupational diseases, the principles drawn up by the association
for the regulation of hygienic conditions in the ceramic industry,
type foundries, printing works, and work in caissons. While the
association had not thought that caisson work was an occupation suffi
ciently affected by international competition to render it a proper
subject for international agreement, it had nevertheless drawn up a
PRIVATE ASSOCIATIONS AND CONGRESSES.
101
series of regulations on the subject, the adoption of which it urged
by individual States. The reply of the Swiss Federal Council char
acterized efforts of this nature as meriting full recognition and as
conducive to steady improvement of conditions in general; but it
declared that international rivalry in the domain of the several meas
ures recommended was hardly important enough to give rise to inter
national conventions. It then reviewed various Swiss regulations
for the prevention of occupational diseases, not ignoring defects but
at the same time making obvious the marked improvement of condi
tions in Switzerland, and observing that the more unfavorable condi
tions in other countries were hardly to be considered a fair criterion
of the situation in Switzerland. The council agreed that sufficient
evidence had not as yet been adduced to prove the necessity of
abolishing the use of lead colors.
SEVENTH DELEGATES* MEETING, ZURICH, SEPTEMBER 10-12, 1912.
The resolutions of the seventh delegates’ meeting at Zurich covered
28 topics. Among the first of these was an expression of welcome to
a section newly founded in Finland, and approval of its constitution.
The bureau of the association was instructed to cooperate with the
International Association on Unemployment and Permanent Inter
national Committee of Social Insurance, and with the International
Home Work Bureau in promoting social reform. It is interesting
to note that in September of this year four international associa
tions convened at Zurich within a short time of one another and thus
gave rise to what was known as the “ social week” (September
6-12). Thanks were tendered by the seventh delegates’ meeting
to the Spanish Government for having prohibited the night work
of women; also, to the Swiss Department of Industry for its inten
tion to recommend to the Swiss Federal Council the convocation of a
second international conference on labor legislation to meet in 1913;
to the Federal Government of the United States for prohibiting
the importation and exportation of poisonous phosphorus matches
and imposing a prohibitive tax; to the Government of Mexico for
similar action; to the Governments of New Zealand and the Union
of South Africa for adhering to the Bern Convention prohibiting
the use of white phosphorus in the manufacture of matches; to the
Hungarian Government for the enactment of the same prohibition;
and to the authors of the official list of industrial poisons, so long
(since 1904) earnestly desired and now completed and published
in English, French, Italian, and Finnish. Plans were made for
the appointment by the various Governments of an international
commission of statistical experts to elaborate the principle to be fol
lowed by the States in issuing their statistics and reports on labor
102
SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
legislation so as to make possible every four years the publication
o f a comparative report on labor-law administration. The introduc
tion in all industrial countries of the principle of the Saturday half
holiday as a prerequisite to real Sunday rest received emphatic
indorsement. The delegates desired that for women workers and
young persons it should be made the subject of an international con
vention, and the subcommission collaborating with the bureau on the
maximum 10-hour workday was instructed to consider this proposi
tion as well and to report at the next meeting of the association.
Progress in the suppression of the use of lead colors in painting
and interior decorating, resulting from the legislative action of sev
eral States, was noted with satisfaction. Further investigation of
plumbism, especially in the printing and ceramic industries, was
contemplated with a view to its prevention, and to the conclusion,
in the case of the ceramic industry, of an international convention
restricting the use of lead. The widespread recognition in legisla
tion on social insurance of the principle of the equality of aliens and
citizens, so faithfully advocated by previous conferences and now
incorporated in the legislation of several countries, including certain
States of the American Union, and in many treaties, also proved
very gratifying. Other principles favored in this connection were
the reduction of insurance benefits paid to foreigners against thosa
paid to citizens in proportion only to the State’s contributions to the
insurance fund, and ultimately the preclusion of all necessity for such
discrimination by the conclusion of international treaties; the settle
ment of the claims of insured parties whose residence is outside the
country of insurance by the payment of a lump sum or by the trans
fer of the capital value of the annuity to an institution of the recip
ient’s domicile; and the insurance of foreigners even in case of only
temporary sojourn within the country. As at the last conference, the
American section was urged to continue its exertions in securing in
the various States of the Union suitable insurance laws against sick
ness and accident not discriminating against foreign labor.
Further procedure was described in detail to bring about many
other desirable ends, among which may be mentioned: The eighthour shift in continuous industries and the realization of the same,
especially in steel works, through an international convention; the
limitation, by the same means, of work in glass factories to 56 hours
per w^eek on an average : investigations relative to a hygienic work
ing day in dangerous and unhealthy trades; the better protec
tion of the interests of railroad employees, dock workers, miners, tun
nel constructors, quarrymen, etc., on an international basis; the aboli
tion of the custom of exacting fines through deductions in wages, as
well as of the system of paying in kind or through tickets convertible
at the employer’s store, commonly known as trucking ” ; the estab-
PRIVATE ASSOCIATIONS AND CONGRESSES.
103
lishmcnt o f the principle of the refund of compulsory contributions
made to pension or thrift funds, in case of the withdrawal of the per
son entitled to such benefits; the alleviation, especially through effec
tive administration of minimum rates by wage boards, of the unsatis
factory lot of the home worker; the prevention of ankylostomiasis;
anthrax, and mercurial poisoning among workers; proper precau
tions in handling ferrosilicon; the study of the best metfiods of com
piling morbidity and mortality statistics in different countries so
as to arrive at a basis upon which to publish uniform international
statistics o f mortality by trades; the regulation of home work in the
manufacture of Swiss embroidery, and the suppression of evils result
ing from the introduction and continuous operation of automatic em
broidery machines in factories of Germany, Austria, Switzerland,
France, the United States, Italy, and Russia. These machines had
been more widely put into operation since the last delegates’ meeting
and thus injected a new factor into the embroidery problem.
O f the above, the subjects newly introduced as separate topics in
the association’s program were the Saturday half holiday, the pro
tection of dock workers, the truck system and deductions from wages,
international statistics of morbidity and mortality among working
classes, the handling of ferrosilicon, and the international prevention
of anthrax among industrial workers and of mercurial poisoning in
fur cutting and hat making.
The next meeting of the association was scheduled for Bern in 1914,
a meeting which was never held on account of the Avar intervening.
IN T E R N A T IO N A L
F E D E R A T IO N F O R
S U N D A Y .1
THE
O BSERVAN CE
OF
The first international congress for the observance of Sunday rest
was held in Geneva in 1870. Over 400 delegates were present from
Switzerland, France, England, Germany, Austria-Hungary, Holland,
Belgium, Italy, Norway, Spain, Eoumania, and the United States.
Emperor William I of Germany was officially represented b}^ his
ambassador to-Switzerland, and there were delegates from the lead
ing railway companies of Europe, from chambers of commerce, and
from philanthropic and labor organizations. The meeting was called
by a committee of the Evangelical Alliance, and therefore the pre
dominant note in this and in the subsequent congresses was that of
a proper observance of the day from a religious standpoint, although
the necessity for securing to laboring people the rest and leisure
essential to their welfare has also been recognized.
The International Federation for the Observance of Sunday was
organized at the congress of 1876 with the following aims: 2
1 (T itle s v a r y .)
I n te r n a tio n a l C ongress on Su nday R e st: Proceed ings.
‘ A nn u airc de la vie In tern a tio n a le, 1 9 1 0 - 1 1 . B ru ssels, pp. 1 1 1 9 , 1 1 2 0 .
104
SURVEY OF IN TE R N A TIO N A L ACTION AFF E C TIN G LABOK.
The committee for the observance of Sunday w ill endeavor to further the
principle o f Sunday rest and the Christian use o f Sunday in all cases except
those o f necessity or charity. This cause, at the same time social, humanitar
ian, and Christian, appears indispensable to them for the physical, intellectual,
moral, and religious well-being o f citizens and families.
Our aim is to show the public that this is not an ecclesiastical question, but
Christian in tl}£ best and most elevated sense o f the w ord— that is to say, to the
interest o f human dignity, o f civil order, and o f the public good.
In consequence we exert ourselves to oppose all subjection to unnecessary
Sunday work, the opening o f offices and stores on Sunday, and also breaking
the Sabbath, the multiplicity o f public festivals, academic and other instruc
tion on Sunday, payment o f w orkers on Saturday evening cr Sunday, and Sun
day military exercises or assemblages o f public interest.
The Fifth Congress, held at Paris in 1889, was under the authori
zation of the French Government and took up the question of Sunday
rest from the hygienic, industrial, and social point of view. Closing
railroad stations and offices on Sundays and holidays and redaction
of the number of Sunday freight trains and the partial closing, at
least, of post offices and telegraph and telephone offices were matters
considered by the congress. It also established a permanent inter
national commission which had for its purpose the gathering of
information in all the countries on the work and rest of Sunday and
which was also authorized to arrange for other congresses upon the
same basis as this one. The creation in France of a popular league
for Sunday rest was advocated. The congress of 1900 at Paris,
which was called the Popular French League, organized following
the congress of 1889, also considered the question entirely from the
industrial standpoint, as did the congress of 1908. The British and
American congresses have not limited their consideration of the
question to such an extent. The congress of 1915 at Oakland, Calif.,
gave two days to the topic from the industrial point of view, but
passed only one resolution dealing with that phase of the subject—
a resolution urging the observance of Sunday rest upon industry in
China and Japan. The places and dates at which congresses on the
observance o f Sunday rest have been held are various. The pro
ceedings are published in the language of the country where held.
The congresses have been as follows:
First, Geneva, 1876.
Second, Bern, 1879. •
Third, Paris, 1881.
Fourth, Brussels, 1885.
Fifth, Paris, 1889.
Sixth, Stuttgart, 1892.
Seventh, Chicago, 1893.
Eighth, Brussels, 1897.
Ninth, Paris, 1900.
Tenth, St. Louis, 1904.
PRIVATE ASSOCIATIONS AND CONGRESSES.
105
Eleventh, Milan, 1906.
Twelfth, Frankfort on the Main, 1907.
Thirteenth, Edinburgh, 1908.
Fourteenth, Geneva, 1911.
Fifteenth, Oakland, Calif., 1915.
A summary of the proceedings of the eleventh international con
gress, held at Milan, October 29-31, 1906, gives a fairly complete
survey of the reforms aimed at by the various congresses and the
methods recommended for carrying them out. At this congress Sun
day rest and its relation to industry were more fully discussed than
perhaps at any other congress.
The recommendations included Sunday rest for newspaper em
ployees, and 52 days of rest annually, falling on Sunday as often as
possible, for post-office employees. For countries where such regu
lations do not exist, the following reforms were recommended: Only
one postal delivery on Sunday, excepting express deliveries; non
delivery and collection of mail and money orders, legal documents,
bankruptcy notices, and parcel post packages (notification to be
given consignees of the arrival of packages containing perishable
goods or marked for immediate delivery, leaving it for them to
call for such packages within prescribed post-office hours); and limi
tation o f the opening of post offices on Sunday to two hours, pref
erably in the forenoon.
For telegraph, telephone, and customs service the resolutions stipu
lated a rest of 65 days per year for the staff, including 39 Sundays
or single days plus two vacations of 13 consecutive daj^s each; an
international agreement permitting the sending of telegrams on Sun
day only in special cases, with rates for either telegraphic or tele
phonic messages on that day made twice as high as on other days;
for employees in small offices, a salary sufficient to enable them to
hire substitutes for a certain number of Sundays per year; and the
adoption, for employees in general, of the principle of at least 52
free days annually, one-half of which should fall on Sunday.
With inference to railway and merchant service, the last-mentioned
principle was advocated under the condition that the days of Sunday
rest would at least be made as numerous as possible. As a further
means to Sunday rest, the authorities concerned in the different
countries were invited to decree the closing of freight stations except
for the delivery of live animals; the limitation of the number of
freight trains to the necessary minimum and their operation only
in pursuance of great pressure of traffic; no obligation on the part
o f transportation officials to deliver shipments (the consignees being
notified and privileged to call for such consignments, especially
if of perishable nature) ; the abrogation of all claims for nondelivery
of goods on Sunday; the governmental designation of holidays to be
108
SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
reckoned in lieu of Sundays; tlie discontinuance of labor pertaining
to workshops, street repairs, the construction of large tunnels, and
other building operations, except in cases of emergency; the exten
sion of the benefits of holidays, in so far as possible, to employees
of the merchant service as well as to dock and harbor hands, even
if ships are in port and suspension of their unloading is thereby
necessitated.
One of the resolutions also called for Sunday rest in the Army and
Navy as far as circumstances permitted, parades being scheduled
for other days.
The conference did not wish to be understood as limiting in any
degree the general obligation of Sunday rest, although it dealt with
the subject from the industrial standpoint particularly; but instead
of thereby implying that its observance was to be made conterminous
with the limits of industry or manual labor merely, it rather empha
sized the principle that such rest constituted an obligation coexten
sive with every class and order of society. At the same time, it did
not fail to recognize that beyond this obligation were duties within
which justifiable exceptions fell. To illustrate, in some instance Sun
day rest might be impossible where weekly rest would be possible,
e. g., on Saturday; in such case, next to the obligation of providing
Sunday rest would come the duty of providing for weekly Saturday
rest, which, while constituting an exception to the principle of Sun
day rest, would nevertheless be the next best thing to it, if not equally
salutary. It was frankly recognized, however, that circumstances
were bound to exist which would preclude any solution of this char
acter, and would thus make necessary the invention of other equiva
lents of weekly rest.
P E R M A N E N T IN T E R N A T IO N A L C O M M IT T E E O F S O C IA L
IN S U R A N C E .
The Permanent International Committee o f Social Insurance is a
purely scientific body for the study of the technical problems of
social insurance. The congresses do not ordinarily pass resolutions
except with reference to procedure or program o f study. The prin
cipal significance of the organization lies in its opportunities for
exchange of ideas. Valuable contributions to the principles and
practice o f social insurance have been presented at the proceedings
and issued in the publications of the permanent committee.
At the first International Congress on Labor Accidents, held at
Paris in 1889, a permanent committee was formed to serve as the
permanent center of the movement in favor of social insurance and
it was authorized to arrange future congresses and to publish a bulle
tin. The following congresses have been held: Bern, 1891; Milan,
PRIVATE ASSOCIATIONS AND CONGRESSES.
107
1894; Brussels, 1897; Paris, 1900; Biisseldorf, 1902; Vienna, 1905;
Rome, 1908.
At the second International Congress on Labor Accidents, held at
Bern in 1891, the president, Mr. Linder, presented a resolution which
was unanimously passed by the congress, providing that in order to
make clear the connection between insurance against accidents and
insurance against general sickness, disability, and old age, the fol
lowing title, conforming to the actual extent of their program, be
adopted: The Congress and Permanent Committee on Labor Acci
dents and Social Insurance.1 The title has since been changed to
Permanent International Committee of Social Insurance.
The countries represented at this Congress were Austria, Belgium,
England, France, Germany, Holland, Italy, Norway, Sweden, Swit
zerland, and the United States.
The latest congress was held at Eome, October 12-16, 1908, the con
gress projected for Washington (D. C.), 1915, not having material
ized on account of the war intervening. No resolutions were passed
by the congress but the following subjects were discussed: Medical
service in connection with social insurance; broader education of
physicians in their relation to social insurance; occupational diseases
from the point of view of prevention as well as of insurance; mater
nity insurance; sickness and disability in their mutual relations;
insurance o f widows and orphans; insurance against unemployment.
The permanent committee announced at the closing meeting of the
congress that it had been decided to strengthen the committee by the
addition of new members and to render the bureau more international
in character by the appointment of vice presidents of different nation
alities. It also urged the founding of supplementary national com
mittees for the purpose of studying questions of social insurance, fol
lowing the plan of committees alreacty formed in Austria. Belgium,
France, and Switzerland. These two measures, it was considered,
would give the organization a much more international character
than it had had in the past.
In view of the increasing difficulty of organizing congresses on
account o f the variety of subjects to be discussed, the large number
o f countries taking part, and the difficulty of finding meeting places
without imposing an excessive financial burden on the countries re
ceiving them, the committee also suggested that it was in the interest
of their work to hold the congresses at longer intervals, while con
ferences composed of members of the national committees should
be held more frequently.
It was decided, therefore, that congresses should be held every
six years, while conferences presenting more limited and therefore
1 B u lletin du C o n g ies In te r n a tio n a l des A ccid en ts du T ra v a il.
p. 5 4 5 ,
F rance, Vol. II, 1 8 0 1 ,
108
SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
more practical programs and with less numerous and less voluminous
reports should be held every two years.
A t this meeting Mr. Linder, who had been president of the perma
nent international committee since its inception, tendered his resigna
tion, and Raymond Poincare, former Minister of Finances and of
Public Instruction, afterward President of France, was elected in
his place.
Official delegates were sent by 25 countries, and among the nearly
1,400 persons attending the congress the following countries were
represented: Argentine Republic, Australia, Austria, Belgium, Can
ada, China, Denmark, Finland, France, Germany, Great Britain,
Greece, Guatemala, Holland, Hungary, Italy, Japan, Luxemburg,
Nicaragua, Norwray, New Zealand, Portugal, Roumania, Russia, Ser
bia, Spain, Sweden, Switzerland, United States, and Uruguay.
IN TER N A TIO N A L CONFERENCES ON SOCIAL IN SU R AN C E.
The first International Conference on Social Insurance, under the
changed policy referred to above, was held at The Hague, September
5-9, 1910.1 At this conference, which because of the large attendance
was described by Mr. Fuster, the general secretary, as having more
of the character of a congress than a conference, the discussion was
limited to two questions—the contribution of the State to the estab
lishment of old-age pensions, and relief funds and medical service in
social insurance.
The second conference, held at Dresden at the invitation of the
International Exposition of Hygiene, September 15-16, 1911,2 was
smaller and of a more intimate character and therefore more in keep
ing with the ideas of the permanent committee. The program com
prised a few questions only, the character of which prevented the
vague and general discussion characterizing the debates of the con
gresses, so that it was the general impression that in this meeting of
specialists they had approached the ideal of discussing questions of
detail and methods for their practical application to special problems.
The latest meeting of the committee was held at Zurich, September
9-11, 1912.3 The attendance included the members of the Permanent
International Committee, of the national committees, and some of the
other specialists present at Zurich to attend other conferences of a
related nature which gave that period of conferences the name of the
“ social week.”
1 B u lle tin des
P a ris,
2 B u lle tin des
so cia les. Paris,
3 B u lle tin des
so cia les. P a ris,
E o c ia le s .
A ssurance Sociales.
C om ite perm anente in ter n a tio n a l d es a ssu ra n ces
1 9 1 1 , vol. 2 2 , pp. 7 - 2 5 .
A ssu ra n ce Sociales.
C om ite perm anente in te r n a tio n a l des assu ran ces
1 9 1 2 , vol. 2 3 , pp. 8 - 2 3 .
A ssu ra n ces Sociales. C om ite perm anente in ter n a tio n a l des assu ra n ces
1 9 1 3 , vol. 2 4 , pp. 1 - 1 6 5 .
PRIVATE ASSOCIATIONS AND CONGRESSES.
109
The program1 included:
I. Extension of social insurance to cover—
1. High-salaried employees.
2. Employees partly salaried and partly independent.
3. Independent persons with small incomes.
II. Organization of joint stock companies (industrial life insur
ance), supplemented liberally by compulsory annuities.
III. Costs of social insurance:
1. Effect upon the worker’s budget.
2. Effect upon industrial costs (price of production, price of
sales).
3. Effect upon the public budget.
IV. 1. Malingering and exaggeration of disability.
2. Slight accidents and their adjustments.
V. International accident statistics.
A t the close of the conference a resolution was adopted providing
that the question of the costs of social insurance should be referred
back to the Permanent Committee, which, after having consulted the
national committees, should present a plan at the next meeting of the
conference for an investigation of the subject. The value of labor
monographs and special studies, such as the studies of workers’ bud
gets, was emphasized by the conference.
IN T E R N A T IO N A L C O N G R E SS E S ON O C C U P A T IO N A L D IS E A S E S .
The first congress on occupational diseases was convened by a num
ber of Italian physicians and scientists at Milan, June 9 to 14, 1906.
A number of delegates from other countries were present and an
association was formed under the name of Permanent International
Commission for the Study of Occupational Diseases, the object of
which was to hold international and national congresses for the study
of occupational diseases; to study and assemble material on indus
trial and social hygiene; to institute at Milan a bibliographical serv
ice for the use of all interested in the study of occupational diseases;
to publish a bibliographical magazine in French; to call the attention
o f authorities to the results of researches in industrial hygiene and
to make recommendations to learned societies thereon; and to bring to
the public attention of Governments, universities, hospitals, etc., the
efforts being made in this connection.
Besides the Permanent Committee subsidiary national committees
for the study of occupational diseases have been formed in Germany,
Austria, Hungary, Bulgaria, Canada, Spain, United States, France,
Great Britain, Greece, Italy, the Netherlands, and Switzerland.
1 A ctes du V III. Congr&s In te r n a tio n a l des A ssu ra n ces S ociales. R ome, 1 9 0 8 , vol. S.
Rome, 1 9 0 9 . A nnuaire de la v ie in ter n a tio n a l. Office cen tr a l d e s a sso c ia tio n s internatio n a le s. B ru ssels, 1 9 1 0 - 1 1 , Vol. II, pp. 1 5 9 7 - 1 6 0 3 .
110
SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
The Second International Congress was held at Brussels, Septem
ber 10 to 14, 1910. A large number o f experts and scholars, as well
as inspectors of factories, trade officials, physicians, etc., participated
in its discussions. The following 20 Governments sent delegates:
Germany, Austria, Hungary, Belgium, Bulgaria, China, Spain,
United States, France, Luxemburg, Great Britain, Greece, Guate
mala, Italy, Russia, Salvador, Sweden, Turkey, Uruguay, Venezuela.
The third congress, designed to be of a strictly scientific character,
was set to take place at Vienna, September, 1914.
The leaders in the organization have been Italian physicians and
scientists. The headquarters are in Milan, Italy. The governing
council is further composed of 31 members from the following coun
tries : Austria, Germany, Belgium, Bulgaria, Canada, Spain, United
States, France, Great Britain, Greece, Hungary, Italy, Netherlands,
•Russia, Sweden, Switzerland.
The committee has published, since 1908, a bulletin, as well as
reports of studies on occupational diseases.
IN T E R N A T IO N A L A S S O C IA T IO N O N U N E M P L O Y M E N T .1
The first International Congress on Unemployment, held at Milan,
October^l-2, 1906, was called by the Italian society, Umanitaria. It
was not expected that the solution of the problem of unemployment
would be found, but that all the different aspects of the situation
should be considered and the conclusions reached brought to the atten
tion of the general public.
The congress was attended by many well-known sociologists and
economists, as well as delegates from labor organizations, national
labor bureaus, representatives of the international labor secretariats,
of municipalities, o f countries, and of charitable organizations. The
following countries were represented among the delegates: Austria,
Belgium, Denmark, England, France, Germany, Hungary, Italy,
Russia, Spain, Sweden, Switzerland, and the United States.
The congress undertook as its main task to devise means for render
ing unemployment less acute without attempting to do away with it
altogether, and therefore it failed in its resolutions to deal with the
primary causes of unemployment, and went on to enumerate the most
important factors requisite to combat the evil, e. g., the determination
of standards by which to regulate hours of work, wages, and con
tracts of labor; the more equitable distribution of labor within d if
ferent groups; greater cooperation among all forms o f labor; and the
application of the doctrine of intervention by State and local author
ities. To facilitate such intervention, recommendations were made
1 Le Chomage. P u blic sou s
In te r n a tio n a l A sso c ia tio n on
du chom age.
P aris, 1 01 1 .
Idem, Vol. IV, pp. 3 0 0 - 4 6 0 .
1 1 1 1 —1 1 1 5 .
les a u sp ices de la S o ciety U m an itaria. P aris, 1 9 0 7 . 2 7 4 pp.
U nem ploym ent. B u lle tin T rim estrial. R evue m t-ernationale
Vol. I, pp. 1 1 - 1 8 , 4 8 7 - 4 0 9 .
Idem, Vol. II, pp. 6 5 5 - 8 7 5 .
A nnu aire d e la v ie in ter n a tio n a le , 1 9 1 0 - 1 1 . B ru ssels. Pp.
PRIVATE ASSOCIATIONS AND CONGRESSES.
Ill
to require o f all industries a periodic, statistical report of the volume
of employment and unemployment; to establish an international em
ployment exchange and free public employment agencies in every
center of population; to provide either optional or compulsory insur
ance against unemployment, supported by contributions from the
State, employers, and workmen; to accord to labor ready access to
credit, particularly for the cooperative acquisition of land; and to
furnish, through local branches of the Government, subsidies to
employment exchanges established by workers. O f these resolutions,
the one touching upon an international employment exchange was
without doubt most worthy of immediate consideration and poten
tially capable of most far-reaching and helpful results. The scien
tific adustment of the supply and demand of the labor market means
immediate relief for all parties concerned.
No steps were taken at the congress held at Milan to effect a per
manent organization, so that there is no actual relationship between
this congress and the International Association on Unemployment
organized at Paris in 1910. It did, however, effect the starting of the
movement toward international organization, which resulted in the
formation o f a committee in Paris in 1909 for the purpose of calling
an international congress. This committee, composed largely of
representatives from Belgium, France, and Germany, university pro
fessors and public officials, who were interested in the subject o f
unemployment, perfected an international committee which organ
ized the congress and prepared its program. The congress met in
P a r is , September 18-21. 1910, and was attended by (500 delegates
representing 22 different nationalities. Official delegates were sent
by the following countries: Argentina, Australia, Austria, Belgium,
Canada, Chile, Denmark, France, Great Britain, Italy, Luxemburg,
Mexico, Norway, Roumania, Serbia, Sweden, and the United States.
The most important result accomplished by the congress was the
creation of the International Association on LTnemployment with
headquarters at Ghent. The association was formed for the pur
pose of research, education, propaganda, and social action on sub
jects relating to unemployment. Among the methods adopted to
realize these purposes are the following: (1) The organization of a
permanent national office to centralize, classify, and hold at the dis
position o f those interested the documents relating to the various
aspects o f the struggle against unemployment in different countries;
(2) the organization of periodical international meetings, either
public or private; (3) the ovg&nization of special studies on certain
aspects o f the problem of unemployment and the answering of in
quiries on these matters; (4) the publication of essays and o f a journal
on unemployment;1 (5) negotiations with private institutions or the
1 See p u b lica tio n s of th e In te r n a tio n a l A sso cia tio n on U n em p loym en t.; M onth ly L abor
R eview o f the U. S. B ureau o f Labor S ta tis tic s, ApT., 101G, pp. 8 5 - 0 1 .
112
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
public authorities of each country with the object of advancing legis
lation on unemployment and obtaining comparable statistics and
possibly agreements or treaties concerning matters of unemployments
No resolutions were passed at this congress mainly because it was
judged better not to bind the permanent organization by premature
conclusions, but the meeting was effective in forming new relation
ships between specialists of different countries and in evidencing
the genuine desire of the members to# remedy the misery of the
unemployed.
The first meeting of the international committee was held at Ghent
September 1, 1911, for the purpose of completing the internal organ
ization of the committee, of determining under what conditions new
countries might be authorized to send delegates, and of regulating the
conditions of representation of employers and workers.
The next meeting of the international committee was held at
Zurich, in September, 1912, during the so-called u social week.” Es
pecial attention was given to the statistics of unemployment and to
the problem of temporary international immigration and domestic
migration and their influence upon unemployment.
The first general assembly or congress met at Ghent, September
5-6, 1913. The rapid growth of the association in the three years of
its existence is shown by the fact that at the time of this meeting
the membership had reached 1,100, representing 31 different coun
tries, in 16 o f which national sections had been organized.
The resolutions (see Appendix II ) dealt with the general unsatis
factory conditions regarding employment bureaus and advocated
more systematic organization, harmonizing of the details of ad
ministration, free assistance to persons seeking employment, me
thodical organization of the labor market, and payment o f expenses
of the bureaus by State and local authorities.
The distribution of public work so as to cover slack seasons or
years of crisis or economic depression, budget laws comprehensive
enough to admit of reserve funds for such emergencies, and the estab
lishment in each country* o f a. permanent institution to study the
symytoms of depression and economic crisis advocated. It was also
suggested that public authorities should try the experiment, in letting
their contracts, o f apportioning them according to trades.
It was concluded from the reports presented to the congress that
the trend of public opinion was toward compulsory unemployment
insurance, with contributions from employers, employees, and public
authorities and that it was essential that such a system should be
operated in connection with labor exchanges, but owing to too brief
experience the congress was not prepared to say what financial sys
tem should be adopted. Extension of the program of the association
PRIVATE ASSOCIATIONS AND CONGRESSES.
113
to cover immigration was advocated, and also that a special commis
sion to study the question be appointed from the membership of the
association, the Permanent International Committee of Social Insur
ance, and the International Association for Labor Legislation.
Provision was also made for exhaustive statistical studies.
IN T E R N A T IO N A L H O M E W O R K O R G A N IZ A T IO N .
The committee of organization of the Brussels Congress on Home
Work had as its president, Victor Brants, professor at the University
of Louvain,, and among its members a number of Belgians prominent
in legislative, educational, and labor circles. In the preliminary let
ter sent out by the committee it was stated that for a number of years
the attention of sociologists, legislators, and representatives of organ
izations of employers and employees had been particularly drawn
to the social conditions of home workers. The committee considered
itself justified in demanding that protective legislation should be
enacted for decentralized as well as centralized industries, since there
was no apparent reason why legal protection should be denied to those
workers whose working conditions were in most cases less favorable
than those of protected workers. An attempt had already been made
to correct this defect in the laws in Australia, while American and
English laws had formulated principles which had had an effect upon
proposals put forward on the continent. Finally, expositions of
home work in London and several cities on the continent had aroused
public opinion to the necessity for hastening the general movement
toward legal intervention.
FIRST INTERNATIONAL CONGRESS, BRUSSELS, SEPTEMBER 15-17, 1910.1
The “ Exposition Universelle ” of Brussels seemed to offer a good
opportunity for an international congress on this subject. The ex
hibit of Belgian home work, organized by the city of Brussels with
the aid of public and private agencies and various professional
groups, had been made as complete, scientific, and impartial as pos
sible. The Belgian Government had also made a very complete inves
tigation of the conditions surrounding home workers in different
industries and had published the results. National committees were
formed in the different countries in connection with the central com
mittee for '6tie purpose of assisting in making the congress a success.
Two hundred and fifty delegates, representing nine countries, took
part in the discussion, among whom were V. Brants, president; H,
Denis, Camille Huysmans, and E. Mahaim, representing Belgium;
1 Prem iere congr&s in ter n a tio n a l du tr a v a il a d o m icile reu ni
1 9 1 0 . Com pte rendu d es sean ces. L ouvain, 1 9 1 1 . 0 4 pp.
143445°— 20— B ull. 268-------8
B ru x elles en septem bre
114
SURVEY 03? INTERNATIONAL ACTION AFFECTING LABOR.
Picquenard, delegate from the Ministry o f Labor. F ran ce; and Prince
de Cassano, delegate o f the Italian Government.
Although it was understood that the congress would not vote on the
questions discussed, but, as there was little equality in the repre
sentation, would confine itself to recording its opinions, it was finally
decided that by following this rule much of the effect of the meeting
would be lost.
Resolutions (Appendix I I ) were therefore passed unanimously
which called for compulsory registration by contractors or subcontrac
tors of all home workers, with the books relating to wages and descrip
tion of work open at all times to the labor inspectors; establishment
by joint committees’ for a limited period of time, of a minimum wage
applicable to all average workers,, the decisions of these committees
to be enforced by a superior council; establishment of a standard of
healthfulness in the different trades in order to determine the indus
tries which should be either regulated or suppressed; prohibition of
work of children under 14 years of age and instruction of . children
up to this age.
A permanent bureau for the International Congress of Home Work*
to be located at Brussels, was created by the assembly, with power to
organize the second International Congress in 1912.
SECOND INTERN ATIO NAL CONGRESS, ZURICH, SEPTEMBER 8, 9, 1912.1
The Second International Congress on Home Work was held in
Zurich during the two days preceding the seventh delegates’ meet
ing of the International Association for Labor Legislation (see pp.
101 to 103) in order to facilitate the participation of delegates in both
meetings.
The meeting was called for the purpose of discussing the following
questions:
(a )'
Comparison of different proposed bills for the regulation o f
home w ork; methods o.f determining minimum rates of wages.
( b ) Sanitary inspection and the legal regulation of home work.
( c )
Trade organization and collective contracts.
{ d )
Influence of public action (consumers’ leagues).
Official delegates were sent by Belgium, Chile, Denmark, France,
Hungary, Italy, Japan, Luxemburg, Netherlands* Norway, Portugal,
Roumania2 Russia, Saxony, Sweden, and United States, while five
other countries were represented among the delegates. The member
ship was largely the same as that of the seventh delegates’ meeting
and included such men as Prof. Lujo Brentano, University of Mu
nich; Dr. Ludovic Teleky, Vienna; Camille Huysmans, deputy, Brus
sels; E. R. Henderson, Chicago; Dr. Lee K. Frankel, assistant secre
1 In te r n a tio n a l H om ew ork C ongress, second, Zurich, 1 9 1 2 .
Second C ougr^s In te r n a
tio n a l du T ra v a il, k D om icile, Z urich, 8 —9 Septem hre, 1 9 1 2 . R apports ct, com ptes ren dus
des sean ces. B ru sse lle s, 1 9 1 3 .
[ 5 9 5 p p .]. (E a c h add ress sep a ra tely paged.)
PRIVATE ASSOCIATIONS AND CONGRESSES.
115
tary Metropolitan Life Insurance Co., New York City; Charles H.
Verrill, Bureau of Labor Statistics, United States Department of
Commerce and L abor; Mr. Colliard, deputy, Paris; Albert Thomas,
deputy, Paris; Dr. Emerich Ferenczi, Budapest; Guiseppe Toniolo,
University of Pisa; Dr. Stephen Bauer, University of Basel; and
many others.
The congress organized itself in four groups for the discussion of
the topics set down in the program. Each section formulated and
adopted its own set o f resolutions.
The resolutions of Section 1 o f the congress were drawn up in
the form of an act to be presented for legislative enactment to the
different countries. Part I defined the scope of the act. Part II
dealt with the registration of employees, provided that this regis
tration should consist of a certificate issued by the communal author
ity, the register kept by the employer, and the employment book
issued by the employer, a separate book to be issued to each person
employed. Part III, which comprised the resolutions of Section 2
of the congress, provided for sanitary inspection^—protection of home
workers from the dangers of industrial poisoning and improve
ment of hygienic conditions—while in the interests of consumers
the. act demanded the prohibition of the manufacture of foodstuffs
and tobacco by home workers, compulsory notification of contagious
diseases, disinfection of manufactured clothing and other materials
as far as possible and of all other products where cases of con
tagious diseases occur among the home workers or their families,
and destruction of infected goods where necessary for the protection
of the public. The creation of a special service of inspectors was
called for, consisting of medical practitioners and working men and
women, or, where this was not practicable, extension of the duties of
the present, labor inspectors to cover home work. Inspection was to
be carried on for the purpose of improving the hygienic conditions
of children employed as home Avorkers and of watching their inter
ests from an educational standpoint. Part IV provided for the
establishment'of special wage boards or the use of already existing
industrial councils to fix w^age scales and minimum wages for ap
prentices. Section 3 of the congress urged the strengthening of
the trade-union movement among home workers as a means of se
curing better enforcement of home-work laws, while Section 4 urged
cooperation with consumers’ leagues which should serve as organs of
propaganda to keep public interest alive in the subject.
It was generally considered that in order to remedy existing evils
legal regulation was necessary in all countries and that strong indus
trial organizations were needed. To this end it was urged that con
sumers’ leagues should cooperate in spreading the principles set forth
by the congress through conferences, publications, and exhibitions.
C H A P T E R V I — O F F I C I A L INTERNATIONAL L A B O R
CONFERENCES AND TREATIES, 1890-1913.1
After the appearance of Emperor William’s rescripts (Chap. I I ) ,
Bismarck communicated to the European powers, exclusive of Rus
sia, Spain, and Portugal, the last two o f which were invited later,
an invitation to send delegates to a labor conference at Berlin.
The subject matter proposed for consideration included the work of
women, children, and young persons, Sunday labor, mining, and
the means best adapted to the execution of the measures adopted.
This program was sent to Pope Leo X I I I by Emperor William,
with the request that His Holiness lend his aid to the project. The
Pope’s reply indorsed the deliberations of a conference that might
tend to relieve the condition of the worker, secure for him a Sab
bath day’s rest, and raise him above the danger of exploitation.
C O N F E R E N C E O F B E R L IN , M A R C H 15-29, 1890.2
The conference convened March 15, 1890, at 2 o’clock in the after
noon in the palace of the chancellor. Fifteen countries were offi
cially represented—France, Germany, Austria,3'Hungary,3 England,
Netherlands, Spain, Switzerland, Norway, Sweden, Portugal, Den
mark, Belgium, Italy, and Luxemburg. The opening address of the
session, delivered by Baron von Berlepsch, German minister of Com
merce, set forth the menace that had arisen from industrial competi
tion and justified the attempt to reach international agreements for
the purpose of avoiding the common dangers of unregulated indus
trialism. The protocol finally adopted contains the result of the con
vention’s deliberations. The proposals made w7ere for the most part
approved unanimously, otherwise by a majority.
As to the regulation of mines, it was held desirable gradually to
make 12 years in southern countries and 14 years in ofhers the age
limit for the admission of children; to exclude women entirely; to
limit the length of a day’s work amid unhealthful environment
impossible o f improvement; to guarantee, as far as possible, the
health and safety of miners and adequate State inspection of mines;
to license as mining engineers only men of experience and duly
1 P r in cip a l sou rces are th e proceedings o f th e c o n fe r e n c e s ; also, A rch ives dip lom atiques,
P a r is ; L a p ro tectio n In te r n a tio n a le ouvriere, par. L. C hatelain , P a r is, 1 9 0 8 , 2 4 4 p a g e s ;
referen ces cited for C hapter III.
2 A rch ives dip lom atiques, 1 8 9 0 , vol. 35.
3 A u stria and H un gary are cou n ted a s sep a ra te S ta te s in resp ect to labor con feren ces
and co n v en tio n s.
116
OFFICIAL INTERNATIONAL LABOR CONFERENCES AND TREATIES.
117
attested competence; to render relations between operators and em
ployees as direct as possible and conducive to mutual confidence and
respect; to establish associations o f relief and insurance to mitigate the
consequences o f disease, accident, old age, and death, and to institute
measures preventive o f strikes. Voluntary direct negotiation be
tween employers and employees was recommended as the preferable
solution o f industrial crises, with ultimate recourse in case o f neces
sity to arbitration.
The desirability o f the prohibition o f Sunday labor was affirmed
with certain exceptions, e. g., undertakings demanding continuity
o f production, or furnishing articles o f prime necessity and requiring
daily manufacture, or in case o f seasonal industries or industries
which are dependent upon the irregular action o f natural forces. It
was recommended that for such cases the Governments provide a
common basis o f regulation through international agreement; and for
the laborers involved the rale o f one free Sunday ever}' other week
was suggested.
The resolutions dealing with the protection of children stood for
the exclusion of the two sexes from industrial establishments until 10
years of age in warm countries and-until 12 years old in all others,
with certain educational requirements prerequisite to all child labor.
It was further held that minors under 14 years of age ought not to be
allowed to work nights nor on Sundays, nor to exceed the limit of
six hours of daily work, broken by a rest of at least one-half hour,
nor to be admitted to unhealthful or dangerous occupations, save in
exceptional cases where special protection is provided. The absolute
prohibition of the night work of children under 14 has not yet been
enacted by international agreement, but it was a provision of the
conventions that seemed to be nearing realization in 1913. The .same
is true of the recommendation of the Berlin Conference with refer
ence to the general prohibition of the night work of young people
under 16, and the establishment of a maximum 10-hour workday for
them. In case of occupations particularly dangerous or injurious to
health, and in the matters of night, Sunday, and maximum day’s
work, the conferees at Berlin directed special attention to the need of
safeguarding the interests of boys from 16 to 18 years old. The
night work of girls and women was condemned, as it had been re
peatedly in previous assemblies. An international convention to this
effect in 1906 is the result of these efforts. The maximum work
day recommended for females was to be of 11 hours’ duration, inter
rupted by a rest period of at least one and one-half hours. Among
numerous international measures favored for the protection of health
was one, not theretofore proposed, decreeing that lying-in women
should not be readmitted to work within four weeks after delivery.
118
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
A sufficient number of officials specially qualified, named by the
Government and independent of employers and employees, consti
tuted, according to the stipulations of the protocol, the proper ma
chinery by which to superintend the execution of these measures in
each State and to report upon labor conditions. The compilation of
these reports and their annual exchange among the Governments
affected, together with relevant labor statistics, texts of laws, and
administrative orders on the subject, were also advocated.
The immediate result of the Conference of Berlin was disappoint
ing. Like previous and less important congresses, it confined itself
merely to the expression of views and desires; no definite interna-'
tional conventions were formulated,. or, indeed, outlined. Detractors
found in its deliberations further proof of the futility of the move
ment. But, however unsatisfactory were the results obtained, the
conference w^as an index of the growing power of an ideal and served
to center attention upon it to an unprecedented degree. It was a
step in advance and an important one. It served to prepare the way
for future cooperative effort among the Governments and indirectly
it resulted in the formation of the International Association for
Labor Legislation.
IN T E R V E N IN G E V E N T S , 1890-1905.
Before the next strictly official congress met.to consider the sub
ject o f the fixing o f labor standards by international action a period
o f 15 years elapsed. In that interval Switzerland continued the
task of crystallizing opinion in favor of the movement, seemingly
taking heart from the fact o f the Berlin Conference. Her National
Council addressed to the Federal Council a review of the importance
of that episode, the significance of Switzerland’s role in the events
leading up to it, and a historical exposition of the whole question with
an optimistic forecast for the future.
In 1892 the Federal Council introduced, through diplomatic agents,
at Berlin and Vienna the subject of an international agreement regu
lating the industry o f machine-made embroidery. The move had been
suggested and sanctioned by workers and employers in the industry,
but the proposition received a cold reception by the two powers ap
proached and was dropped. In 1895 the Federal Council was in
vited by the Federal Assembly to take up again with the powers the
general question o f international labor regulation, but the council did
not believe the time propitious for a new attempt. Its next step
(in 1896) related to the possible establishment of an international bu
reau charged with gathering important labor statistics, the study and
comparison of industrial legislation, and the dissemination of perti
nent information. Features o f labor law, similar, dissimilar, or
- OFFICIAL INTERNATIONAL LABOR CONFERENCES AND TREATIES.
119
worthy o f imitation, might thus be impressed upon national and
international consciences as in no other manner. The countries ap
proached as to this plan were France, Denmark, Germany, Belgium,
Sweden, England,. Italy, Spain, Holland, Norway, Russia, and Aus
tria. The replies in general indicated plainly either reluctance or
hostility, and so the project was given up for the time being.
In the meantime two semiofficial congresses and various labor gath
erings took place, the semiofficial congresses at Brussels, 1897 (p.
84), and Paris, 1900 (p. 87), being participated in by some of the
Government representatives who took part in the Berlin Confer
ence of 1890. The principal result of the efforts of these gatherings
was the creation o f the International Association for Labor Legisla
tion already described. The period from 1890 to 1905 was also an
active one in the formation of international trade-union bodies, which
were urging and demanding a larger degree of regulation by the
State in the field of labor conditions. The congress at Zurich in
April, 1897, set the high-water mark o f this agitation. The years
from 1900 to 1905, when the second of the international confer
ences was held, are marked especially by efforts on the part of the In
ternational Association for Labor Legislation to arouse in the various.
European Governments an interest in the fixing of labor standards
by international action. The first general assembly of that associa
tion in September, 1901, inaugurated a series of studies of the prob
lems of labor legislation particularly in the field of social insurance
and the equality of treatment of insured persons by the laws of tho
different countries. As an indirect result of these efforts France and
Italy on April 15, 1904, signed the first of a series of treaties for the
reciprocal protection of their workmen subject to social insurance
laws. The International Association also began its researches as to
the use of certain poisonous substances in manufacture, with a view
to the total prohibition or restriction of the use of such substances.
Studies and proposals were also made as respects the night work of
women and children and the limitation of their hours of labor.
C O N F E R E N C E O F B E RN , M A Y 8-17, 1905.
In the spring of 1905 representatives of 15 European States assem
bled at the Conference of Bern for the purpose of outlining an inter
national convention to prohibit the use of white phosphorus in the
manufacture of matches and also one to prohibit night work of
women. The sessions wTere secret, in compliance with the demand of
England expressed through her delegates. It was optional with the
conferees to conclude conventions at that time, reserving, of course,
the exchange o f ratifications by their Governments, to draft, under
the scrutiny and approval of technical experts, tentative agreements,
120
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
leaving it to the Governments to transform them into conventions by
direct negotiation, or merely to draw up nonobligatory resolutions.
The second of these three courses of possible action was that unani
mously adopted. It is interesting to note that even Belgium, whose
representative at the Conference of Berlin (1890) h&d protested
against giving practical effect to the resolutions there formulated,
emphatically acceded to the action now proposed. Although the out
lines of the agreements in view were prepared with the prospect of
their probable revision, it was nevertheless understood that by their
signatures the delegates pledged their Governments to a decision on
the matter of adherence or nonadherence, with the presumption in
favor o f their ratification, and the international execution of the
measures. This presumption gained additional force from the fact
that many Governments had sent to the conference officials or par
liamentarians of high rank who favored the project of regulating
labor conditions by means of treaties. Therefore in the deliberations
o f this body there was something more at stake than mere discussion
o f the international regulation of labor, or the passage of a laudable
resolution of recommendation. It was to make the original drafts of
labor conventions destined not only to become lawTin a majority of the
nations of Europe as well as in many of their colonial possessions,
but also to comprise the first international conventions ever entered
into by a number of parties for the avowed and sole purpose of inter
nationally protecting labor. Poly partite conventions or agree
ments of this kind are manifestly of a higher order than simple
bilateral treaties, and are very much more difficult of attainment
than the latter.
The conference divided into two committees for the tasks in hand.
Considerable difficulty arose with regard to the abolition of white
(yellow) phosphorus from industry, due to the competing interests
of the different States. Neither of the two late belligerents in the
Far East, Japan and Russia, being present, the participation of either
of them in the proposed measures was entirely problematical, while at
the same time it was recognized that any agreement to restrict the
use of white phosphorus, in which Japan was not included, would
cause serious prejudice to the trade of England, Hungary, and Nor
way. An agreement, however, was finally reached by which it would
become unlawful, after December 31, 1910,.to import, manufacture,
or offer for sale matches containing white or, as the Germans termed
it, yellow phosphorus, provided all the countries represented at the
meeting, and also Japan, should.adhere and deposit their record of
ratification by December 31, 1907, thereby agreeing to put the con
vention into actual operation three years after that date, i. e., Jan
uary 1, 1911. But in this connection the spokesman of the committee
OFFICIAL INTERNATIONAL LABOR CONFERENCES AND TREATIES.
121
took pains to intimate that failure in the immediate fulfillment of
certain of these conditions would not necessarily preclude the ultimate
realization of the convention.
The States which refused to sign the phosphorus pact were Den
mark, which had observed the failure of such an attempt in certain of
its possessions, and Norway, Sweden, and Great Britain. The States
adhering were Germany, Austria, Hungary, France, Spain, Belgium,
Holland. Luxemburg, Italy, Portugal, and Switzerland.1
The agreement as to the night work of women could not be reduced
to so concise and brief a statement as its contemporary. The first
article placed a sweeping interdiction upon industrial night work for
all women, outside specified exceptions. The adoption of this meas
ure presaged radical reform in legislation in many of the countries.
Spain prohibited night work of females under the age of 14; Lux
emburg and Hungary, of those under 16; Denmark, Norway, and
Sweden, of those under 18; Portugal and Belgium, of those under 21.
Article 1 designated as subject to this prohibition all industrial
enterprises employing more than 10 laborers, excluding such as
engaged only members of the employer’s own immediate family.
The quest for a satisfactory basis by which to delimit the application
of the law carried with it no little difficulty, since great dissimilarity
prevailed among the standards employed by different countries in
reference to the work of women. Great Britain, France, and H ol
land prohibited the night work of the sex in large and small indus
tries; in Belgium, generally speaking, the statutes forbade it to the
young, which was likewise the basis of prohibition in Spain and Lux
emburg; in Denmark, Italy, and Portugal prohibitory law in this re
spect was confined to establishments employing over five workers or
using power-driven machinery; in Switzerland it applied to manu
factories having more than five workers with power-driven machinery
or with employees under 18 years of age, or having more than 10 work
ers without power-driven machinery; in Austria and Hungary it in
volved establishments with more than 20 laborers, power-driven ma
chinery, or with labor shifts, etc:, while in Germany, Norway, and
Sweden still other regulations obtained which were less definite but
pertained to enterprises possessing the characteristics of large-scale
industry. The committee, after reviewing this diversity in legisla
tion, excluded from the scope of the agreement undertakings employ
ing not in excess of 10 workers on the ground that they supplied the
local market only, were not of international concern, and employed
but a minor percentage of the total number of women in industry.
1 Tlie fo llo w in g S ta te s had p rev io u sly passed la w s p roh ib itin g or r estr ic tin g th e use of
w h ite ph osph oru s in th e m a tch in d u s tr y : Germ any (1 9 0 3 , but to tak e effect in 1 9 0 7 ) ,
France ( 1 8 9 8 ) , H ollan d ( 1 9 0 1 ) , S w itzerla n d ( 1 8 9 8 ) , D enm ark ( 1 8 7 4 ) .
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SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
The use o f power-driven machinery was found to offer no satisfactory
basis o f demarcation, since the use o f small motors and electrical de
vices had become so universal that the smallest industries and homo
shops would thereby come under international regulation, while the
number o f women employees protected would be negligible. R eg
ulation o f such small concerns was held to belong to the domain
o f'th e individual States. H aving thus determined the size o f the
industrial enterprises to be included, Article 1 next indicated the gen
eral classes o f business contemplated by the term “ industrial enter
prise,” specifying as included therein mines, quarries, and manufac
turing establishments, to the exclusion o f purely agricultural or com
mercial undertakings. The spokesman o f the committee explained
that the manufacture o f raw sugar from beets would be classified as
an industrial enterprise, while the hotel business would be without
the meaning o f the regulation. The precise delimitation, however,
o f these categories was left to the legislation o f each State.
Article 2 stipulated that the legal international night o f rest for
women ayas to be of 11 hours’ duration, including in all cases the
hours between 10 p. m. and 5 a. m. Switzerland had proposed an in
variable period of rest extending from 8 p. m. to G a. m. The clause
adopted leaves it to each nation to arrange certain of the hours of the
international night to suit the convenience of its industry, while other
hours, viz, from 10 p. m. to 5 a. rn., essential to the rest of the
worker, are made determinate and obligatory in all countries irre
spective of their industrial peculiarities. Thus in spite of its uni
formity of regulation, the instrument leaves to each nation the option
o f fixing the international night at eight or more differing periods
of time, namely, 6 p. m. to 5 a. m., 6.30 p. m. to 5.30 a. m., 7 p. m. to
6 a. m., 7.30 p. m. to 6.30 a. nu, 8 p. m. to 7 a. in., 8.30 p. m. to 7.30
a. m., 9 p. m. to 8 a. m., 10 p. m. to 9 a. m. Moreover, 11 hours con
stitute merely the legal minimum; it is optional with each State to
extend the period of rest if desired. This elasticity was designed
to render the agreement applicable to all countries, and when later
at the diplomatic conference in 1906 it wTas transformed into a con
vention provisions wrere added that made for its still greater adapt
ability in this respect. It should be noted that these observations
with reference to the draft apply with equal force to the convention,
which subsequently became law between the nations.
The method of defining the international night just described was
without precedent. In all the legislation of the States such periods
of uninterrupted rest had been established by stipulating the time
from a definite evening hour to a definite morning hour; e. g., two
States had chosen the hours from 7 p. m. to 5 a. m .; six States from
8 p. m. to 6 a. m .; one State from 8.30 p. m. to 5.30 a. m.; one State
OFFICIAL INTERNATIONAL LABOR CONFERENCES AND TREATIES.
123
from 8 p. m. to 5 a. m .; four States from 9 p. m. to 5 a. m .; and one
State from 9 p. m. to 6 a. m.
The exceptions to the prohibition of women’s night work were pro
vided for in section 2 of article 2 and in articles 3-5. For those
signatories having no law covering the night work of women, the
length o f the night’s rest could be limited to 10 hours for a transi
tional period of three years, which would obviously be reckoned
from the time of the convention’s execution, January 1, 1911, and
would consequently extend to January 1, 1914.1 Exemptions from
the operation of the prohibition might also be made in cases of ex
treme necessity, or when required to avert the otherwise inevitable
loss of materials susceptible of rapid deterioration, while for indus
tries subject to the influence of the seasons as well as for any industry
under unusual circumstances, the length of nocturnal rest might be
reduced to ten hours during sixty days in the year. Moreover, in
providing for the deposition of ratifications not later than December
31, 1907,1 three years subsequent to which the convention would come
into force (January 1, 1911),1 it was stated that in so far as its terms
applied to manufactories of raw beet sugar, wool combing and weav
ing establishments, or open works of mining operations suspended at
least four months in the year on account of climatic conditions, tho
tliree-year interim between the deposition of ratifications and subse
quent execution might be extended to 10 years.
The signers of this draft convention were Denmark, Austria, Hun
gary, Belgium, Germany, Italy, France, Spain, Luxemburg, Norway,
Holland, Portugal, and Switzerland. The representatives of Great.
Britain declared their lack of authority to sign, but maintained that
the British Government shared the sentiments which animated the
conference. Sweden’s delegates similarly voiced the hope that the
principles advocated by the conference would be adopted by their
country, perhaps before the expiration of the time provided by the
instrument. The United States was not represented in these delib
erations.
N E G O T IA T IO N S A M O N G T H E P O W E R S .
In a circular note of June 2G, 1905, the Swiss Federal Council pro
posed to the powers the convocation of a diplomatic conference to
enact the preceding tentative agreements into real conventions. Under
date o f June 14, 1906, another circular letter recorded the results of
the proposal, to the effect that favorable replies had been received
from Germany, Austria, Hungary, France, Belgium, Denmark, Italy,
Luxemburg, Switzerland, and Netherlands. Portugal and Sweden
1 These dates were later changed to Jan. 1, 1913.
124
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
were ready to accede to the agreement that related to the work of
women; Norway sympathized with the movement, but was not ready
to participate; Great Britain was ready to adhere to the prohibition
of the night work of women under certain conditions. In these
conditions Great Britain stipulated that all the States engaged in in
ternational competition should adhere; that the adherence of other
States, in which certain industries might develop, should be made
possible; and that there should be a sufficient guaranty that the pro
visions of the convention would be executed. Furthermore, the Brit
ish Government asked that some conclusion be arrived at both with
respect to the period during which the convention should apply and
the feasibility of instituting a standing commission to investigate al
leged contraventions of the same as well as to propose whatever
amendments chemical or mechanical inventions might make neces
sary from time to time. With reference to the prohibition of the use
of white phosphorus the Government refused to express an opinion.
On June 12, 1906, Mr. Sarrien of the French Cabinet referred to
the Bern Conventions in the following language: 1
“ The conflicts between capital and labor are becoming daily more
frequent and more acute; they run the risk of affecting adversely the
prosperity of commerce and industry, and we believe that it is time
to study seriously the means of preventing their return. * * *
« * * * Economic problems are playing each day a more im
portant role in the equilibrium o*f the world, and certain social
questions can not be completely solved by national legislation without
an international agreement.
u* * *
initial step is being taken in this direction on the
initiative of the committee of the International Asssociation for
Labor Legislation. A convention has been drafted with a view to
insuring the prohibition of the industrial night work of women, as
well as the prohibition of the use of white phosphorus in the manu
facture of matches. The 5th of last April we announced that the
Republic would* give its definite and unreserved adherence to that
convention.
“ We shall seek to extend gradually the sphere o f these interna
tional agreements on labor questions. Thus, in the social and eco
nomic sphere as in the domain of politics property so called, we shall
hope to serve at the same time the cause of the internal peace of the
Republic and that of universal peace.”
The Swiss note of June 14, 1906, fixed the date of the impending
conference for September 17, and the place at Bern. Another note,
sent September 4, announced that the Japanese Government would
not participate. The note also laid before the Governments the pro-
1 L. Chatelain : La protection in tern ation al ouvriere, pp. 5, 6.
OFFICIAL INTERNATIONAL LABOR CONFERENCES AND TREATIES.
125
posal of the British Secretary of Foreign Affairs for the establish
ment of a permanent international commission whose task it should be
to superintend the execution of international labor conventions in
conjunction with such duties as the following: (1) To give opinions
on disputed points and complaints; (2) to investigate and report
facts in the case; (3) as a last resort in cases of dissension, to promote
arbitral proceedings at the request of one of the high contracting
parties; (4) to consider programs for conferences on industrial
questions.
The above proposal was unacceptable to Germany, Austria, Hun
gary, and Belgium, it being asserted that although representatives of
particular countries would have expert knowledge of the systems
peculiar to their country, nevertheless the other members of the com
mission could outvote them at pleasure in the adoption of measures of
vital import to those systems and affecting them adversely; and that,
besides, the proper method of settling disputed points would be to
call further conferences.
D IP L O M A T IC C O N F E R E N C E O F B E RN , SE P T E M B E R 17-26, 1906.1
Two conventions were signed on September 26, 1906, by the pleni
potentiaries of the contracting States, reserving ratification to their
respective Governments. The States signatory to the Convention
for the Prohibition of the Night Work of Women were France,
Spain, Germany, Austria, Hungary, Great Britain, Italy, Lux
emburg, the Netherlands, Portugal, Denmark, Sweden, Switzerland,
and Belgium. Denmark was to be allowed to postpone the deposit
of her ratifications until the Danish factory act of April 11, 1901,
should be revised during the autumn of 1910. That Great Britain
find Sweden were of the number is to be specially noted, as they did
not sign the draft convention in the former conference in 1905; while
Norway, a signer of the agreement of 1905, was not among the signa
tories in 1906.
Nothing contemplated by the agreement of the previous year was
excluded from the convention; the latter did, however, amplify, add
to, and make more precise the terms of the draft. The first four
articles of the two documents were practically identical. Article 5
was a departure; it showed the desire of the envoys to emphasize the
obligations inherent in the convention, declaring that it was incum
bent upon each of the contracting parties to take the administrative
measures necessary to insure in its territory the strict execution of the
provisions. In addition to this it stipulated a procedure that might
1 A ctes de la C onference dip lom atique pour la p ro tection ouvrifere reu nie & B erne du
1 7 au 2 6 sep tem bre 1 9 0 6 . Bern, 1 9 0 6 . 1 7 5 pp. Cate, M a r c e l: La con ven tion de B erne de
1 9 0 6 sur l ’in ter d ictio n du tr a v a il de n u it des fem m es em ployees dan s l ’in d u strie, P a r is,
1 9 1 1 , 1 3 4 [ 2 ] pp.
126
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
be said to partake slightly of the nature of a sanction; the Govern
ments were to communicate to one another all the laws and regula
tions upon the subject, then or thereafter in force, and to exchange
periodically reports concerning their application. In this way
failure to enforce the convention could be readily ascertained by
sister States whose joint diplomatic effort might be able to insure
compliance with the law.
The convention still further exceeded the earlier draft in specify
ing the potential scope of its operations, for by Article 6, colonies,
possessions, and protectorates could adhere when notification to that
effect should be tendered the Swiss Federal Council by the Govern
ment of the mother country. Also sovereign powers outside of
Europe were mentioned specifically in the provisions of Article
7, while Article 9 provided for admission of nonadhering States.
By the aforesaid articles it was endeavored to lend sufficient elasticity
to the convention to make it adaptable to peculiar circumstancesand conditions that might otherwise preclude its application. For,
example, upon notifying the adherence of colonies, possessions, or
protectorates, the home Government could except from the operation
of the law such native works as did not admit of inspection, or, if
conditions o f climate or native population in dependencies, or States
outside of Europe, were such as to make the international night,
untenable, the period of unbroken rest could be reduced below the
established minimum of 11 hours on condition that compensatory
rest should be accorded during the day.
The time limit for recording the ratifications was extended from
December 31, 1907, to the same date in 1908, leaving an interval of
two years instead of three before the time (Jan. 1, 1911) set for the
convention's execution. Nonsignatory States could declare their
adhesion by an act addressed to the Swiss Federal Council, in which
case, as in case of a colony, possession, or protectorate, the interval
before execution would be reckoned from the date of adhesion. No
party to the convention could lawfully denounce it within 12 years
o f the closing of its record of ratification, thus guaranteeing it a fair
trial. Thereafter, it might be denounced from year to year, the revo
cation to take effect one year after it had been reported to the Swiss
Federal Council by the proper authority.
The powers signing the second convention, respecting the prohibi
tion of the importation, manufacture, or sale of matches containing
white (yellow) phosphorus, were Switzerland, Denmark, France,
Italy, Luxemburg, the Netherlands, and Germany. Italy, in partic
ular, had much at stake in this move, as she was one o f the most im
portant producers of matches. Five States which signed the agree
ment of 1905 failed to sign the convention. These States were Aus
tria and Hungary, excusing themselves because of the nonadhesion
OFFICIAL INTERNATIONAL LABOR CONFERENCES AND TREATIES,
127
of Japan; Portugal, because in 1895 it had granted a match monopoly
to last for 30 years; Belgium, and Spain. Denmark had not signed
the draft, but now adhered to the convention. Norway, Sweden, and
Great Britain did not sign on either occasion, although the British
delegates signified willingness to adhere if all the others did like
wise. By the agreement of the year preceding, the execution of the
phosphorus law had been made conditional upon the concurrence
therein of all the States represented and Japan, but this condition
was not attached to the convention of 1906.
The same stipulation that was placed in the other convention, em
phasizing the obligation rigidly to enforce the provisions thereof
and mutually to report all official action germane to the matter, was
added to this convention by Article 2, while, in further similarity to
the first convention, its sphere of application was so extended as to
render possible the adherence of colonies, possessions, or protectorates,
and States not then signatory. The ratifications of the cosignatory
nations were to be deposited by December 31, 1908, and the conven
tion was to come into force three years from that date (Jan. 1, 1912),
while for nonsignatory States and dependencies a period of five years
Avas to intervene between the time of notifying their adherence and
making good its execution. Also, the provisions for denunciation
paralleled those of the first convention, with the one exception that 5
years instead of 12 constituted the period within which it could not
lawfully be abrogated by any one of the parties to it.
Into the conference's deliberations relative to the first convention
there had been injected a discussion of vital import as to both con
ventions, as well as to all future similar conventions, which seemed
to provoke quite a difference of opinion at the time and to per
turb the conference not a little. This concerned the institution of a
sanction. English delegates advocated.the adoption of the following
most clearly defined sanction that up to that time had been proposed
for labor conventions signed by several Governments:
“ The high contracting parties agree upon the creation of a com
mission charged with superintending the execution of the provisions
of the present convention. This commission shall be composed of
delegates of the different contracting States. * * * rpjie commis
sion shall have the function of expressing opinion on litigious ques
tions and complaints which shall be submitted to it. It shall have
only the function of authentication and examination. It shall make
a report on all the questions which shall be submitted to it, which
shall be communicated to the States concerned. As a last resort, aquestion in litigation shall, on demand of one of the high contracting
parties* be submitted to arbitration. In case the high contracting^
parties should be disposed to call conferences on the subject of the
128
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
condition of laborers, the commission shall be charged with the dis^
cussion o f the program and shall serve as an organ for the exchange
of preliminary views.1
But this seemed to some to mean the subversion of law and of the
administrative powers of the State and to constitute an attack upon
the principle of their sovereignty. Indeed, infinite wisdom and great
diligence would certainly need to be exercised by a commission ap
pointed to the stupendous task of ascertaining and investigating on
an international scale the various industries in which women might
be found to be employed at night in contravention of the lav/. This
question of a proper sanction constitutes, one of the most difficult and
vital problems of the whole movement; for unless the uniform and
effective enforcement of international law on labor can be realized,
it is evident that it is foredoomed to failure. Representatives of
10 States finally signed a much modified resolution, which proposed
the institution of a commission of purely consultative character to
which questions or disputed points might be referred and whose duty
it would be to give opinions as to similar conditions upon which
there might be accepted the adherence of States outside of Europe,
as well as of possessions, colonies, and protectorates, where the climate
or the condition of the natives demands modifications of detail in
the convention. Such a commission might also serve as a medium
for convening conferences. Nevertheless, the contracting States
would have the right to submit questions to arbitration in con
formity to article 16 of The Hague convention, even if the matter
had previously been the object of an expression of opinion by the
commission. ,
R E S U L T S O F T H E B E R N C O N V E N T IO N ON N IG H T W O R K .
One month (Oct. 23, 1906) after the foregoing events, the Swiss
Federal Government sent to the various powers duplicates of the con
ventions signed at Bern, and called attention to the fact that the time
allowed for depositing ratifications expired December 31, 1908. The
Governments were also requested to express their pleasure with refer
ence to the establishment of the permanent international commission
of supervisory powers that had been proposed over the signatures of
10 States. The States have never seen fit to create such $ commission.
Previous to the ratification of the Bern Convention by the Govern
ment of Luxemburg employment in that State in mines, open mining,
and quarries had been forbidden entirely to women, while girls under
16 were not allowed employment at night in any industrial establish
ment at all; otherwise the night work of women had not been pro
hibited, Now, by ^adherence to the convention, the prohibition of
1 L. Chatelain: La protection Internationale ouvriere, pp. 118, 319.
OFFICIAL INTERNATIONAL LABOR CONFERENCES AND TREATIES.
129
night work was extended to all women, and the minimum night’s rest,
which had been 8 hours long, was increased to 11 hours; thus, the
ratification and enforcement of the convention in Luxemburg marked
a distinct advance in the protective legislation of that country and
serves to illustrate the character of reforms wrought among the sig
natory powers in general.
Great Britain refused to sign the preliminary draft of the agree
ment on the subject o f the night work of women, drawn up in 1905,
but did sign the convention in 1906. By an act under date o f August
9, 1907, the English Parliament repealed sections of the Factory and
Workshop Act and of the Coal Mines Regulation Act of 1887 con
flicting with the Bern Convention on night work. Denmark, Spain,
Italy, and Sweden, not having deposited their ratifications before
Decemer 31, 1908, entered into an agreement with the remaining
signatory States by which these four nations gained the privilege
equally with those States that did not sign the convention (see
Art. 9) to notify their adhesion at a subsequent date. Although
special exception had previously been made for Denmark, she never
gave notice of adherence. Spain, also, never ratified the convention,
but by an act of July 11,1912, she prohibited, after January 14, 1914,
night work in shops and factories by married women and widows with
children. As regards unmarried women and childless widows, the
number of such employees is to be gradually reduced by 6 per cent
every year until January 14, 1920; from this date the night work o f
women is to be entirely prohibited. Under the special provision, Italy
adhered by an act addressed to the Swiss Federal Council, De
cember 29, 1909, and Sweden did similarly under date of January
14, 1910. The bill relating to Sweden’s participation had been
rejected by both chambers of the Government in 1908, and it was
again reported unfavorably by the committee in 1909; but this time
it was passed by both chambers in spite of the committee’s adverse
report. The acts of Sweden illustrate the manner in which ex
ceptions may be legally taken to the convention. Two proclama
tions (June 9 and Aug. 11, 1911) allow exemptions in the prepa
ration of preserved fruit and vegetables and in the salting of herring,
in pursuance of the act (Nov. 20, 1909) prohibiting the night work
of women, which in conformity to the terms of the international con
vention on the subject empowers the Government to make exceptions
to such prohibition as to the preparation of materials subject to rapid
deterioration.
In a circular note of March 19, 1909, the Swiss Federal Council
put forward the proposal that the period of time provided for com
pliance with the terms of the convention should be computed from
January 1, 1909, in the case of States which deposited their ratifica143445°— 20— Bull. 268------ 9
130
S U R V E Y O F I N T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
tions within the limit prescribed. This was to interfere in no way
with the later adherence of other parties. The proposition involved
considerable correspondence and, not meeting with the unanimous
consent of the States, failed. The Belgian and French Governments
suggested that the period o f two years, at the immediate close of
which the convention was to be brought into force, should be reckoned
from January 14, 1910. On this date had occurred the adhesion of
Sweden, the last o f 12 States to ratify the instrument. The Federal
Council interpreted the proposal as meaning also that the period of
10 years reserved for sugar-beet factories, woolen mills, etc. (see Art.
8), should extend from the same date, which would thus deter
mine a uniform time for the convention’s execution by every one of
the States that had ratified, in spite of the different dates of their
adhesions. To this proposition the Federal Council gave its assent
(note of Apr. 9,1910) with the hope that it would be found acceptable
by the States which were to be consulted in the matter, i. e., Ger
many, Austria, Hungary, Belgium, Denmark, Spain, France, Great
Britain, Italy, Luxemburg, the Netherlands, Portugal, and Sweden.
A ll except Spain and Denmark expressed approval, and thus it
wTas decided that the convention should go into operation Jan
uary 14, 1912, in the case of the dozen States which had adhered on
or before January 14, 1910.
This convention prohibiting night work to women has been ad
hered to by the following countries and colonies:
Country.
Germany.............................
Austria...............................
Hungary.............................
Belgium..............................
France................................
Great B ritain.....................
Luxemburg........................
Netherlands........................
Portugal.............................
Switzerland........................
French colonies:
Algeria..........................
Tunis............................
British colonies:
Ceylon..........................
Fiji Islands..................
Gibraltar......................
Gold Coast...................
Leeward Islands.........
New Zealand...............
Northern Nigeria........
Trinidad......................
Uganda Protectorate..
Ita ly ....................................
Sweden...............................
Date of
adherence.1
Date of com
ing into force.
Dec. 31,1908 Jan. 14,1912
....... do............
Do.
....... do............
Do.
....... do............
Do.
....... do............
Do.
....... do............
Do.
....... do............
Do.
.......do............
Do.
.......do............
Do.
....... do............
Do.
Mar. 26,1909
Jan. 15,1910
Do.
Jan. 15,1912
Feb. 21,1908 Jan. 14,1912
Do.
___do............
....... do............
Do.
....... do............
Do.
Do.
.......do............
Do.
.......do............
Do.
.......do............
.......do............
Do.
Do.
....... do............
Dec. 29,1909
Do.
Jan. 14,1910
Do.
Dec. 31, 1908, was the prescribed time lim it for adherence fixed by the convention.
Spain has not given notice of her adhesion to the convention, but
has nevertheless prohibited the night work of women. Greece passed
a law by which the prohibition of the night work of women was
O F F IC IA L I N T E R N A T I O N A L L A B O R C O N F E R E N C E S A N D T R E A T IE S .
131
decreed on January 24 (Feb. 6), 1912, satisfying in all respects
the conditions of the Bern Convention, although Greece is not a party
to it. Night work was forbidden to women in Japan and India in
1911, but in the former State the regulation applies only to estab
lishments with more than 15 workers and the night’s rest need be only
of six hours’ duration, while in India the law does not in general
apply to establishments which do not employ more than 49 persons at
any time of the year.
In 1905 the prohibition or lack of prohibition of the night work of
women stood as follows:
1. States without prohibition: Japan. (Estimated number o f un
protected female employees, 250,000.)
2. Night work allowed on a basis similar to the regulations govern
ing day w ork: South Australia, California, Illinois, Louisiana, Maine,
Maryland, Michigan, Minnesota, New Hampshire, North Dakota,
Oklahoma, Pennsylvania, Rhode Island, South Carolina, Virginia.
(Unprotected females over 16 years of age in the United States
227,000.)
3. Limitation of the day work of women to 11 hours and the night
work of girls between 14 and 16 to 8 hours: Spain.
4. Prohibition of night work to young persons only: Belgium,
Portugal, Denmark, Sweden, Finland, Norway, New South Wales,
Hungary, Luxemburg, Ohio, Georgia, Wisconsin. (Estimated num
ber of unprotected female employees in the above States 350,000.)
5. Night work of women prohibited in certain kinds o f occupa
tions: ( a) Mines and textile industries, Russia; (5) factories, mines,
blast furnaces, Austria (Provinces represented in Reichsrath), East
Indies (for establishments employing over 50), Luxemburg, Finland,
Sweden; (<?) factories, mines, blast furnaces, and shops with motor
power: Germany, Switzerland (for establishments employing over
five workers).
6. Prohibition of night work of females in establishments without
motor power but which employ over five laborers: Denmark, Portu
gal, Ontario; four laborers, Victoria; three laborers, Canton of Basel
(c it y ); two laborers, Queensland, New Zealand, Cantons of St. Gall
and Glarus; one laborer, Cantons of Zurich, Bern, Lucerne, Solothurn, Aargau, Neuchatel.
7. Prohibition of the night work of women in principle, subject
to exceptions: Great Britain, Switzerland, Germany, France, H ol
land, Austria, Russia, Italy (beginning with 1907), Manitoba, Que
bec, Nova Scotia, Queensland, Victoria, New Zealand, East Indies,
New York, New Jersey, India, Massachusetts, Nebraska.
The following are at the present time nonsignatory States in re
spect o f the Bern Convention on woman’s night work:
132
S U R V E Y O F I N T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
1. Europe — Denmark, Greece, Liechtenstein, Monaco, Norway,
Roumania, Russia, Finland, and all the Balkan States.
2. Africa—Abyssinia, Kongo, Egypt, Union o f South Africa,
Rhodesia, Bechuanaland, Swaziland, Zanzibar, Liberia, the German
and Portuguese colonies, Madagascar, Morocco, Reunion, Senegal.
3. Asia—A ll States and colonies with the exception of Ceylon.
4. America — A ll States excepting Trinidad and the Leeward
Islands.
5. Australia and Polynesia—A ll States excepting New Zealand and
Fiji.
R E S U L T S O F T H E C O N V E N T IO N P R O H IB IT IN G T H E U SE O F W H IT E
PH OSPH ORU S.
For the six States which deposited their ratifications within the
prescribed term and without reservation the time fixed for the execu
tion of the convention was January 1, 1912. Italy alone of the seven
signatories failed in this respect, But she was allowed to adhere later.
Although Great Britain had not signed the convention at Bern, she
gave notice of adhesion December 28, 1908.
The following have subscribed to the convention prohibiting the
use of white (yellow) phosphorus in the manufacture of matches:
Country.
Date of ad
herence.1
Germany................... Dec. 31,1908
Great Britain and
Ireland................... Dec. 28,1908
Denmark, including
the Faroe Islands
and Danish An
tille s....................... Dec. 31,1908
France....................... .: ...d o ...........
Luxemburg.............. ___ d o ...........
Netherlands.............. ___ d o...........
Switzerland.............. .......d o.......... .
French colonies:
Somali Coast......... Nov. 26,1909
R eunion................. ___ d o...........
Madagascar and de
pendencies.......... ....d o .
French West Africa ___ do.
Settlements in Oce
ania ..................... ___ do.......... .
N ew Caledonia — ___ do.......... .
Tunis..................... Jan. 15,1910
British colonies:
Orange River Col
o n y...................... May 3,1909
Cyprus................... Jan. 4,1910
East Africa Pro
.do..
tectorate............
Date of com
ing into force.
Jan.
1,1912
Dec. 28,1913
Jan.
1,1912
Do.
Jan. 14,1912
Do.
Do.
Nov. 26,1914
Do.
Do.
Do.
Do.
Do.
Jan. 15,1915
May
Jan.
3.1914
4.1915
Do.
Country.
B r i t i s h colonies—
Concluded.
Gibraltar...............
Malta.. *.................
Mauritius...............
Seychelles..............
Southern N igeria..
Uganda Protecto
rate.....................
Northern Nigeria..
Leeward Islands2.
Fiji Islands............
Gambia..................
Gold Coast............
Sierra Leone........ .
Union of South
Africa.................
Canada...................
Bermuda...............
Southern Rhodesia
New Zealand........
Ita ly ..........................
Dutch Indies............
Spain.........................
Norway................... .
Date of ad
herence.1
Date of com
ing into force.
Jan. 4, 1910
....d o ..
___ do..
___ do..
----do..
Jan.
___ do............
Feb. 24,1910
Mar. 26,1910
June 20,1910
Oct. 22,1910
___ do............
___ do............
Do.
Feb. 24,1915
Mar. 26,1915
June 20,1915
Oct. 22,1915
Do.
Do.
Retroactively
from May 3,
1909.
Sept. 20,1914
Dec. 19,1910
Feb. 20,1911
Nov. 27,1911
July 6,1910
Mar. 7,1910
Oct. 29,1909
July 10,1914
May
Sept.
Dec.
Feb.
Nov.
July
Mar.
Oct.
July
4,1915
Do.
Do.
Do.
Do.
3,1914
20,1919
19,1915
20,1916
27,1916
6,1915
7,1915
29,1914
10,1919
1 Dec. 31, 1908, was the prescribed tim e lim it for adhesion fixed by the convention.
2 Orders prohibiting the use of w hite phosphorus in the manufacture of matches were issued by the
Presidencies of the various Leeward Islands during the latter half of 1910.
The manufacture and sale of white phosphorus matches has been
prohibited in Victoria, Western Australia, Tasmania, and New South
O F F IC IA L I N T E R N A T I O N A L L A B O R C O N F E R E N C E S A N D T R E A T IE S .
133
Wales. The United States has placed a prohibitive tax on such
matches and prohibited their importation and exportation.
The following are countries permitting the manufacture of phos
phorus matches:
1. Free manufacture: (a) In Europe: Belgium, Russia (subject to
a differential tax on white phosphorus), Sweden (prohibition of their
sale in Sweden), Turkey; (b) outside Europe: all Asiatic States
(with the exception of Cyprus and the Dutch and East Indies),
America (with the exception of the United States, Canada, the Dan
ish and British Antilles, and Mexico), Abyssinia, Egypt, Zanzibar.
2. Countries with State monopoly: Bulgaria, Greece, Portugal,
Roumania (State monopoly, but with use of sesquisulphide), Serbia.
O f the above only Japan and Sweden are of any considerable im
portance as exporting countries.
In answer to a Swiss circular letter (July 17,1911) asking whether
the importation of sample matches made with white phosphorus
should be forbidden the replies were as follows:
A ffirm ative.
N egative.
Great Britain.
Germany.
Italy.
Netherlands.
Denmark.
Luxemburg.
France.
Spain.
The replies in the negative are a fair example of those differences
o f opinion which make the questions of interpretation and sanction
such intricate and vital problems in international law. Is the word
introduction in the French version of the convention merely to be
interpreted as “ introduction” for industrial purposes rather than
in the strict sense of “ importation,” and consequently is the im
portation o f sample phosphorus matches to be condemned? It
would be interesting to understand the object of importing sample
cases of phosphorus matches whose “ introduction,” “ manufacture,”
and “ sale ” within the realm is forbidden.
SE C O N D IN T E R N A T IO N A L P E A C E C O N F E R E N C E A T T H E H A G U E ,
A U G U S T , 1907.
In 1907 the Portuguese delegation at the Second International
Peace Conference at The Hague proposed to replace article 16 of
the Hague Convention with a new article, by which, among other
things, disputes with respect to the interpretation or application of
international labor agreements would in all cases be subject to com
pulsory arbitration as a last resort; in other words, such agreements
would be outside the purview of that section (sec. 16A of proposed
article replacing art. 16), which in reality made each nation the final
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S U R V E Y OF I N T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
judge o f what it would submit to arbitration, and which read as fo l
lows:
* * it is the exclusive function of each contracting
power to determine whether any difference which has arisen affects
their essential interests or their independence and, accordingly,
whether such dispute is o f such a nature that it is excluded from
arbitration.” The proposal o f the delegation was not adopted.
As long as nations reserve the right on every question to determine
whether or not it so affects their national interest or honor as to pre
clude its arbitration, the way is clear for them to find in every dispute
elements that waive the obligation of arbitration; for there can be no
difference of opinion important enough to make arbitration desirable
that can not be construed by one of the parties as a menace to its
national interests or independence if it has the inclination to do so.1
But unlike disputations in the realm of politics, labor contentions
are not apt to be of a character intrinsically involving fine points of
national honor. An agreement between nations to submit, when all
other peaceable attempts fail, differences arising out of labor con
ventions to compulsory arbitration would certainly be a notable step
in advance. The arbitration would be rendered compulsory by the
species of the agreement in dispute. Should an award of a tribunal
on such a question be found to consign a nation to extinction, is it
not reasonable to suppose that the victim would still find just as great
opportunity to undertake means for self-preservation as would have
been the case had it not submitted the matter to arbitration in the
first place?
B E R N C O N F E R E N C E , SE P T E M B E R 15-25, 1913.
Delegates to the sixth biennial meeting o f the International Asso
ciation for Labor Legislation, held at Lugano, Switzerland, in 1910,
took measures designed to prepare the way for a second series
of international conferences to draft international conventions pro
hibiting the night work of young persons entirely, and also the day
work o f women and young persons in excess of 10 hours. This led
the bureau o f the Labor Office to prepare a program to serve in case
a confeence should be called to outline such agreements, and by a
Swiss circular letter of January 31, 1913, this program was sub
mitted to the States invited to support the project, viz, Germany,
Austria, Hungary, Belgium, Bulgaria, Denmark, Spain, France,
Great Britain, Greece, Italy, Luxemburg, Norway, Netherlands,
Portugal, Roumania, Russia, Serbia, Sweden. In consequence, dele
gates from the above States, with the exception of Serbia, Roumania,
Luxemburg, Greece, and Bulgaria, assembled with the representa
tives o f Switzerland at Bern, September 15, 1913.
1 J. B. M o o re : “ The peace p rob lem /' in the Columbia University Quarterly, vol. 18,
No. 3, June. 1916, pp. 222, 223.
O F F IC IA L IN T E R N A T IO N A L . L A B O R C O N F E R E N C E S A N D T R E A T IE S .
135
The tentative agreements whose later transformation into conven
tions by an international diplomatic conference, in conformity with
the precedent set by the Bern Conventions o f 1906 was intended, fol
lowed in general the program worked out by the bureau, but varied
from it in a number of respects by reason of both additions and sub
tractions. The first agreement, prohibiting night work to young per
sons, received the signatures of delegates from Switzerland, Sweden,
Portugal, Holland, Norway, Italy, Great Britain, Germany, France,
Spain, Belgium, Hungary, and Austria. According to the prin
ciples that were adopted and made applicable to all concerns where
more than 10 persons were employed, the prohibition was to be
general for employees under 16 years of age and absolute for all
under 14. Industrial undertakings were defined in the same sense as
industrial enterprises in the Bern Convention respecting the work of
women, and the night of rest prescribed for young workers was also
to be the same as the international night of 11 hours fixed by that
convention. Certain exceptions to this last rule, however, were
allowed— for coal and lignite mines, for bakeries, and for colonies,
possessions, protectorates, or extra-European countries, where cli
mate or the condition of native population might require a different
regulation; but in all such cases the shortening of the night period
o f rest was to be compensated for by rest in the daytime. Moreover,
work during the night by individuals over 14 years of age might
be allowed when public interest demanded it, or in case of unex
pected events when there occurred an interruption in business im
possible to foresee and nonperiodic in character. In so far as this
agreement might be found to afford better protection to girls under
16, it was to supersede the convention of 1906 on night work. The
proposed convention was to come into force two years after the
closing of the record of deposit except as its execution might be
delayed for 10 years in respect to employees over 14 years of age
in specified processes in glass works, rolling mills, and forges; in
the meantime, however, young persons engaged in these processes
were not to be exposed to any special risk or danger.
These provisions were not the exact counterpart of recommenda
tions made by the bureau o f the International Labor Office in the
program submitted by it. It had proposed to prohibit the work in
question to young persons under 18 instead of under 16; by way of
special exceptions for States in which similar regulations had not
previously existed, it had contemplated a period of transition in
which night rest for young people between 16 and 18 could be legally
limited to 10 hours instead of extended to the required length of 11
hours; among the exceptions pertaining to workers over 14, provision
had been made for the suspension of the prohibition in case of the
136
S U R V E Y OF I N T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
manufacture of raw materials susceptible of rapid deterioration or
otherwise unavoidable injury; and for seasonal industries a way was
to be left open whereby the period of uninterrupted night rest could
be reduced to 10 hours 60 times a year under extraordinary circum
stances. The period for bringing the agreement into force in glass
and steel industries was fixed at 5 years for workers over 16 instead
of at 10 years for workers over 14. None of these proposals found
its way into the draft sanctioned at Bern.
The second o f the draft conventions concerned the determination of
a working-day for women, and for workers under 16, and, with the
exception of Norway, it was signed by the same countries as signed
the former agreement. As regards the program that the bureau had
submitted, the age limit for young workers was changed by the con
ference from 18 to 16, while the principles in general were amplified
and made much more specific in detail. The prospective convention
stood for a 10-hour day, but allowed some latitude by fixingxa maxi
mum of 60 hours of work per week with the length of no single work
day to exceed 10^ hours. The definition of industrial undertakings
and the size o f the establishment necessary to include the same within
the scope of the proposed convention were identical with the determi
nations in the other agreement, Hours of work were to be inter
rupted by one or more rest periods, one o f which, at least, was to occur
immediately after the first six hours of work; in cases where work
was not o f more than six hours’ duration, no break would be neces
sary. Extension of the prescribed workday was to be permitted
when public interests demanded it, and also under the following
circumstances: In cases involving an interruption of manufacture
impossible to foresee and not o f periodic nature, in cases where raw
materials might otherwise be subjected to rapid deterioration or loss,
and in seasonal industries as well as in any industry under excep
tional circumstances. Total work, including overtime, even in case
of the above exceptions outside of “ public interest,” was not to exceed
12 hours a day, save in fish, vegetable, and fruit-canning establish
ments, and overtime was not to exceed 140 hours per year except in
the industries first mentioned, together with manufactories o f brick,
tiles, clothing, feather articles, articles of fashion, and artificial
flowers, all o f which might if necessary extend overtime to not over
180 hours per calendar year. Nevertheless, in no case, not even in
any o f the above exceptions outside of “ public interest ” and “ force
majeure,” was the working day to be extended for young workers
under 16.
The agreement would come into force two years after closing the
record o f the deposing o£ ratifications; however, for manufactories
o f raw sugar from beets, of machine-made embroidery, and in textile
O F F IC IA L I N T E R N A T I O N A L L A B O R C O N F E R E N C E S A N D T R E A T IE S .
137
mills for spinning and weaving the interval might be extended from
two to seven years, while in States where it was the custom to require
11 hours of work of women and children the postponement of the
execution of the agreement might be equally prolonged under certain
conditions specified.
These draft conventions, having been approved by the conference,
were submitted to the Governments interested by a Swiss communi
cation dated September 29, 1913. Several weeks later (Dec. 30,
1913), another letter to the same States and including Luxemburg,
whose delegate had been unavoidably detained from the conference,
conveyed the protocol of the meeting. The same letter proposed
September 3, 1914, as the date for holding an international diplo
matic conference to transform the drafts into real conventions. A
later note (July 14, 1914) stated that the conference could be con
sidered as assured in view of the favorable replies anticipated and
already received, although Russia had intimated dissatisfaction with
the agreements, declaring them unsuited to her conditions of indus
try, and therefore not of a character to make it desirable for her to
participate. Norway also had refused to take part, asserting that
her own legislation conferred more extensive protection than that
offered by the conventions proposed, and that a bill then pending
promised a further extension of her protective law. In conclusion,
the Swiss note recommended that the method of procedure at the
Diplomatic Conference of Bern in 1906 be followed in the coming
meeting; also that certain sections of the convention of 1906 per
taining to women’s work be included in the agreement on night- work
under consideration, and that editorial improvements be made in
the wording of the text of the proposed conventions. The subsequent
political situation created by the starting of the World War, July 31,
1914, obviously made it advisable to postpone the conference in
definitely.
CHAPTER V II.— PROTECTIVE LABOR TREATIES.1
F R A N C O -IT A L IA N T R E A T Y , A P R IL 15, 1904.
At the second meeting of the International Association for Labor
Legislation at Cologne (Sept. 26-27, 1902), representatives of the
French and Italian Governments entered into informal negotiations
with a view to concluding a labor treaty. The matter, which had
already been discussed, did not become the subject of immediate
action. For a year and over it dragged along until the preliminaries
having been completed, on April 15, 1904, it became the first of a
new order of treaties reciprocally insuring the protection of work
men. By its terms Italians working in France received, in effect,
the promise that they would enjoy benefits of French labor legis
lation theretofore denied to foreigners, while Italy agreed to intro
duce certain o f the superior methods of labor regulation in use by
her neighbor. The advantages reciprocally derived were not identi
cal, a fact which is of importance in considering the question of inter
national regulation. France benefited in that a competitor became
subject to certain restrictions upon industry, and Italy profited by
the increased protection to be accorded to her laboring classes, in the
first instance, by herself. It would be interesting to learn whose
was the greater gain. This is not, however, a complete statement of
the situation.
By its preamble the two general purposes of the treaty were pre
sented as follows:
(1) To grant to nationals of either country employed in the terri
tory o f the other reciprocal banking accommodations and advantages
of social insurance.
(2) To guarantee the mutual maintenance of protective labor
measures already enacted, and cooperation in the advancement of
labor legislation.
1 Bauer, Stephan : F ortgang und Tragweite der internationalen Arbeiterschutzvertrage.
(In Annalen fu r soziale politik und gesetzgebung. Berlin, 1914. Vol. 3, No. 1 -2 .)
Chatelain, L. : La protection internationale ouvrifcre. Paris, 1908. 224 pp. Francke,
E r n s t : International labor treaties. (In Econom ic Journal. London, June, 1909. V. 19,
pp. 21 2-223.)
Francke, E r n st: Der internationale A rbeiterschuta; v ortrag gehalten in
der Gehe-Stiftung zu Dresden am 21 November 1903.
Dresden, 1903.
36 pp (in
Jahrbuch der Gehe-Stiftung zu Dresden. Dresden, 1904. Yol. 10, pp. 3 7 -7 0 ). Francke,
E r n s t : Die internationalen Arbeiterschutzvertrage. Soziale Praxis, Berlin, 1914. Vol.
23, No. 37. Jay, R a o u l: La protection legale des travailleurs (2d ed .). Paris, 1910.
436 pp. Mahaim, E r n e s t: Le droit international ouvrier. Paris, 1913, viii, 385 pp.
Pic, P . : La protection l§gal des travailleurs et le droit international ouvrier. Paris, 1909.
172 pp. Potter, D. S. : The movement fo r international labor legislation (in E conom ic
Journal. London, Sept., 1910. Vol. 20, pp. 3 4 7 -3 5 7 ). Reichesberg, N au m : Der inter
nationale Arbeiterschutz in den letzen 12 Jahren. Bern, 1913.
Sinzot, I g n a c e : Les
traites pour la protection des travailleurs. Louvain, 1911. 231 pp.
138
P R O T E C T IV E L A B O R T R E A T IE S .
139
The positive results accomplished by the treaty were the establish
ment of precise and effective rules for reciprocal privileges in the use
of banks and an important obligation on Italy’s part in the matter o f
labor inspection, but beyond that the treaty laid down only general
principles to regulate negotiations for future agreements.
It permitted the nationals of either country to transfer deposits
without charge from the French National Savings Bank to the Pos
tal Savings Bank of Italy or vice versa, and funds thus transferred
became subject to the rules of the receiving bank as to the deposits
o f its country’s citizens. This was the only outstanding provision
whose terms of reciprocity were identical and which was made
executory by the terms of the treaty. The other article, the appli
cation of which was not left wholly contingent upon future circum
stances, was Article 4. In this Italy promised to complete throughout
her kingdom a system of labor inspection affording, for the applica
tion of the law, guaranties analogous to those of the French system,
the system to be organized with respect to the objects of its special
care, i. e., women and children, along four general lines as follows:
(1) Prohibition of night work.
(2) Age for admission to work.
(3) Length of the workday.
(4) Requirement of a weekly period of rest.
Italy’s engagement was an admission of the inadequacy o f labor
inspection within her territory. In the enactment of a prohibitory
law regulating the night work of women and fixing the age limit for
the classes to whom such work was forbidden Italy had been far
behind France, while legislation concerning the age limits for the
admission o f children into factories had beeen similarly lacking.
Differences also prevailed in the law respecting the workday, Italy
permitting a longer day of work for women and children than France,
but conditions as regards weekly rest were more nearly equal. The
former country decreed such rest for all children under 15, the latter
for children under 18, and both for all women. The Italian Govern
ment agreed by Article 4 of the treaty to study the means of reducing
the daily work of women, and each Government promised to publish
an annual detailed report on the application of statutes and regu
lations governing child and female labor. By comparison and im
provement of legislation it was anticipated that glaring dissimilari
ties in the labor laws of the two countries would gradually disappear,
and so the way for the conclusion of future agreements would be
prepared.
The greater part of the treaty was in the nature of proposals; in
other words, it outlined legislation for enactment in future treaties.
In Article 1, on the subject of bank transfers, provision was made
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S U R V E Y OF IN T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
whereby by future agreement the private banks of one country might
transfer funds to those of the other, if not gratuitously, at least at
reduced rates. The private banks contemplated were those of indus
trial centers and frontier towns. It was desired that investments
by nationals of one country in savings institutions of the other should
receive especially favorable treatment at the hands of the contracting
Governments.
With reference to workmen’s insurance or pensions, the principle
was laid down that the part of the benefit due as a result of premiums
paid or deposits made was to be surrendered to the worker upon his
withdrawal from the undertaking in which he was insured; other
wise, although an enterprise in France could demand equal insurance
premiums from French and Italian laborers, it might refuse to make
any return, in the event of the foreigner’s withdrawal, as a considera
tion for the protection relinquished and the payments already made.
Three elements enter into workmen’s insurance as provided for by
the treaty:
(1) The contribution of the laborer.
(2) The contribution of the employer, regarding which it was
merely stipulated that there should be reciprocity of regulation be
tween the countries.
(3) State subventions, the benefits of which were to be enjoyed only
by the State’s own citizens. A country could subsidize a citizen's
pension acquired from an institution of the other country if it chose
to do so.
Pensions acquired in one State were to be made payable in the
other through the medium of insurance institutions and postal service.
For employees engaged alternately in France and Italy, and thus pre
vented from fulfilling the requisite conditions for insurance in either
country, there was to be devised a special system under which pensions
could be made to accrue to such workrlien.
In case accident befell a laborer of either country, working in the
territory of the other, he or his assigns were to be entitled to accident
benefits on equal terms with the subjects of the country in which the
accident occurred. This was the principle so earnestly debated and
advocated throughout the Delegates’ Meetings of the International
Association and destined to be incorporated in a noteworthy series
o f treaties on accident insurance. Certain laws of France involved
a direct departure from this principle. By the law of April 9, 1898,
a foreign laborer, the victim of an accident, upon ceasing to reside
in French territory was obliged to accept a sum equal to three times
the amount o f his annuity in lieu o f all further pensions; and by
act o f March 31, 1905, the same principle was retained, with the
provision that a foreign insuree’s assigns might receive compensa
P R O T E C T IV E L A B O R T R E A T IE S .
141
tion even if they ceased to reside on French territory. I f, however,
the assigns were not resident in France at the time of the accident,
they had no right to claim compensation. Fortunately the law
of 1905 allowed for the modification of these provisions in pursuance
of reciprocity treaties on accident insurance, and so safeguarded the
possibility of the realization of this principle as advocated by the
treaty of April 15, 1904.
In case of the establishment of insurance against unemployment in
both countries, an agreement was contemplated by which Frenchmen
and Italians working in the territory of either contracting party
might share the privileges of such insurance.
In cases where these agreements provided for by Article 1 should
become established, they were to be binding for a period of five years
only; thereafter, they might be abandoned upon one year’s notice, or
be renewed from year to year by tacit consent. Thus provision was
made for unforeseen circumstances, which might work either abroga
tion or revision of the measures if time rendered their original forms
undesirable.
An abuse which for some time had attracted the attention of gov
ernmental authorities was the employment in French industries of
Italian children below the legal age. These children were furnished
with work certificates falsifying their ages by men who made a busi
ness of supplying such labor to employers. To set on foot measures
to stop the evil and prevent its recurrence, Article 2 of the treaty
.provided for governmental certification of the documents involved
and a rigid inspection, protecting reciprocally young workers of
either country when employed in the other. The plan was also sug
gested of forming protective committees in those districts where large
numbers of young foreigners were employed which should include in
their membership as many compatriots of the young workers as pos
sible. Because of the small number of French children employed in
Italy, this provision became of benefit principally to the much larger
number of young Italian laborers in French territory.
On the occasion of an international labor conference in which one
o f the contracting parties took part, the other was to feel duty bound
similarly to participate, according to the engagement o f Article 3
o f the treaty.
By Article 5 each party reserved the right to withdraw from the
compact at any time, by making known its intention one year in ad
vance. Occasion for withdrawal would be found in failure to en
force the systems of inspection prescribed or to respect the obliga
tions assumed in reference to protective law for women and children
(see art. 4, par. 2), or in any gross violation of the spirit of the in
strument, as, for example, the curtailment of protective law covering
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S U R V E Y O F IN T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
the subjects treated. A protocol was attached which specified by
name the laws of both France and Italy whose proper execution was
made compulsory by the terms of the instrument, and named the
bodies in each country competent to interpret it in its relation to the
laws and to judge as to whether occasion for its annulment had
been given by the other party.
S W IS S -IT A L IA N T R E A T Y , J U L Y 13, 1904.
On July 13 of the same year, Italy and Switzerland signed a com
mercial treaty containing an article whose provisions were to be made
effective by a separate act independent of the execution of the rest of
the treaty. "This article (No. 17) authorized the mutual investigation
on the part of the contracting powers of the question of workmen’s
insurance, with the object of according equivalent advantages' in so far
as possible to the citizens of each country working in the territory of
the other. It is clear that this contemplated some such arrangement
as that provided for by the Franco-Italian treaty on the subject, al
though that treaty announced the principle of the equality of treat
ment of foreigners and citizens, while this merely specified reciprocity
in the treatment of foreigners.
G E R M A N -IT A L IA N T R E A T Y , D E C E M B E R 3, 1904.
In December, 1904, Italy concluded with Germany a commercial
treaty identical in its terms with article 17 of the Swiss-Italian treaty.
This action would seem to presuppose an intention upon the part of
Italy to make radical improvement in her insurance system, for were
Germany to accord to Italian workmen within her realm insurance
advantages equal to those enjoyed by her own subjects and then to
demand that Italy give German subjects on Italian soil equally
favorable privileges, a much heavier burden would be imposed upon
Italy than upon Germany.
Compulsory insurance against disease had been established in Ger
many as early as 1883, employees meeting two-thirds of the expenses
o f the system and employers one-third. Compulsory accident insur
ance had been introduced by a law o f 1884, under which employers
became members of insurance associations and were obliged to defray
the cost of all indemnities. In 1889 there had been organized an insur
ance system against sickness and old age, to which all salaried per
sons over 16 years old not having an annual income in excess of 1,000
marks were compelled to subscribe. Invalidity benefits were paid in
case o f need, and a pension at the age of 70 if payments had been
made for a period of 30 years. The funds were derived partly from
contributions of employees, who were divided into five wage groups
paying different premium rates; partly from employers who dupli
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143
cated the premiums of the employees; and the rest from the State,
which made an annual donation of 50 marks for each pension. By
way of comparison, we may note that in 1910 France established an
insurance system for laborers receiving less than 3,000 francs, which,
like Germany’s, derived its support from contributions of employees,
employers, and the State, but which made 65 instead o f 70 the pen
sionable age. This scheme also included sickness insurance for cer
tain classes. The French system has both compulsory and voluntary
features, but in both France and England, as well as in Germany, the
burden o f compensation for accidents falls entirely upon the
employers.
Italy’s system of insurance was very inadequate, invalidity and oldage insurance being noncompulsory in character, although accident
insurance was obligatory. A State system largely voluntary in char
acter could hardly possess much stability and certainly could not ac
cord to German workmen in Italy the same guaranties that could
be granted to Italian laborers in Germany. The self-imposed task
that Italy contemplated was not a small one.
GERM A N -A U S T R O -H U N G A R IA N T R E A T Y , J A N U A R Y 19, 1905.
In a commercial treaty between Germany and Austria-Hungary
anuary 19, 1905, an article of practically the same nature as that of
the two preceding treaties was included. In addition to specifying
the need o f reciprocity in the matter o f insurance, it took up the
broader subject of reciprocity “ in respect o f the protection of labor.”
For Austria and Hungary, as for Italy, the contracting of a labor
treaty with Germany would require general improvement in their
protective labor systems. Austria possessed compulsory accident in
surance supported by laborers and employers, and had also com
pulsory sickness insurance. Hungary did not have general regula
tions covering accident insurance, but had a special system for agri
cultural workers which was obligatory in respect to accidents and
voluntary in respect to invalidity, paying benefits in case of death,
old age, or incapacity.
L U X E M B U R G -B E L G IA N T R E A T Y , A P R IL 15, 1905.
It rbmained, however, for the Kingdom of Belgium and the Grand
Duchy of Luxemburg to devise the first insurance treaty which speci
fied, in addition to general aims, practical means for their realiza
tion ; in other words, instead of speculating upon possible law, it laid
down the law, and thereby gave to a long discussed principle its first
practical international application. As between the signatory coun
tries, it provided that subjects o f one State injured through an in
dustrial accident within the territory of the other should be entitled
144
S U R V E Y O F I N T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
to the same compensation and guaranties as subjects of the State
within which the injury was received, exception being made in case of
laborers injured when employed temporarily, i. e., for not more than
six months, by a business concern whose headquarters were located in
the State that was not the scene of the accident, In such cases the in
surance law o f this latter State would be applicable. By a sup
plementary agreement of May 22, 1906, the terms of this exception
were specified as being applicable to persons employed by transport
lines and working intermittently, but regularly, in the country other
than the home of the enterprise. Aside from these exceptions, all
persons were to be eligible to receive insurance benefits in the foreign
State who would have been eligible to such benefits had the accident
occurred in their native State. As regards documents, stamps, rec
ords, etc., advantages and exceptions incident to the insurance ad
ministration o f one State were to be equally applicable to the adminis
tration within its confines of the law of the other State, while the
magistrates of the contracting parties were pledged to lend recip
rocal assistance in execution of the law. Ratifications were to be ex
changed in Brussels as soon as possible, and the treaty was to go into
effect 10 days after its official publication and to be terminated one
year after the day of its denunciation by either party. By an act of
May 12, 1905, the Government of Luxemburg was empowered to
modify laws o f the realm when necessary in order to put into opera
tion an international agreement aiming at reciprocity in insurance
administration. The ratifications of the treaty were exchanged
October 25,1905.
G E R M A N -L U X E M B U R G T R E A T Y , S E P T E M B E R 2, 1905.
The next treaty on accident insurance, signed by the German Em
pire and the Grand Duchy of Luxemburg during the same fall,
contained, among other things, the same exception as that which was
stipulated in the Belgian-Luxemburg agreement. Employees of
an enterprise extending its operations from one country into the
other for a period of not over six months at most remained subject to
the accident insurance legislation of the State in which the enterprise
was domiciled, even if the accident occurred in the other State. Em
ployees in forestry and agricultural pursuits were excluded by this
arrangement but railroad employees were specifically included. I f
dispute arose as to what laws were applicable, the decision rested with
the authorities of the State in which the headquarters o f the business
firm involved in the accident were located; i. e., in Germany with the
Imperial Insurance Office, and in Luxemburg with the Government.
A decision by either authority was final and binding upon insurers of
the other country. To guard the party entitled to compensation
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145
against injustice from delay arising from uncertainty as to what
statutes applied in a given case, the original insurers were to take
care o f such party until it should be determined upon whom the
burden o f compensation was ultimately to fall. Other points of minor
interest were covered, including rules that were to govern in case an
establishment so changed its place of operation as to pass from the
accident insurance laws of one country to those of the other.
F R A N C O -IT A L IA N T R E A T Y , J A N U A R Y 20, 1906.
Early in the year 1906 the Franco-Italian treaty of 1904 began to
show results. It had introduced reciprocity in the transfer of funds
without charge between the national banks of the two countries and
had proposed a similar arrangement between the private banks of the
two countries located in industrial centers or frontier towns. To
give effect to this proposal, an agreement was completed January 20,
1906, whereby deposits to the amount of 1,500 francs could be trans
ferred without expense between the private banking institutions of
these countries. The moneys transmitted were to become subject in
such matters as interest to the regulations of the receiving banks,
while international post-office money orders were to be the medium
of transfer and to be exempt from tax. Ratifications were exchanged
at Paris, December 11,1906.
F R A N C O -B E L G IA N T R E A T Y , F E B R U A R Y 21, 1906.
The Franco-Belgian treaty was practically the same as the Luxemburg-Belgian treaty. Subjects of one of the contracting parties meet
ing with an industrial accident in the territory of the other were to
have the same guaranties and compensation as were provided for the
citizens, o f the State in which the accident occurred. The prin
ciple o f the equality o f treatment of foreigners and citizens applied
also to dependents of the injured parties. This created an exception
to the French law of 1905, which denied to dependents of foreigners
equal rights with those of Frenchmen. Also, as in the other treaty,
temporary employment of not over six months’ duration was excepted,
attention being called to the fact that this exception included persons
engaged in transportation enterprises and employed intermittently,
whether regularly or not, in the country other than that where the
undertaking had its domicile. In case of accident under these circum
stances, the law of the actual domicile of the undertaking applied.
The treaty was to take effect one month after its official publication.
Ratifications were exchanged June 7, 1906.
A note of March 12,1910, enlarged upon article 4, which had merely
authorized the authorities of France and Belgium to lend mutual aid
143445°— 20— Bull. 268----- 10
146
S U R V E Y O F IN T E R N A T IO N A L . A C T IO N A F F E C T IN G L A B O R .
in reciprocal execution o f the engagement. This note, which was
not to come into operation until three months after it was signed,
required the signatory States, upon the termination o f an inquiry in
respect o f an accident, to give notice to the proper consular authority
in order that he might take cognizance thereof in behalf of the inter
ested parties.
N A T IO N A L A C C ID E N T IN S U R A N C E A C T S ,1 1901-1906.
Notifications of the German Federal Council, under dates of 1901,
1905, and 1906, concern another phase of the international regula
tion of accident insurance. The notification of June 29, 1901, set
aside in favor of Italian and Austro-Hungarian subjects provisions
of section 21 o f the German accident insurance act and of section 9 of
the building accidents insurance act, which had debarred foreign
dependents not domiciled in Germany at the time o f the accident from
claiming compensation or benefits. The notification likewise re
voked, in so far as concerned the same nationalities, provisions of sec
tion 94 (2) o f the German accident insurance act and section 37 (1)
of the building accidents insurance act, which had suspended the
right of foreign insurees to benefits under German laws as long as
they were not residents o f the country. Similar exceptions were made
on May 9, 1905, in favor of the nationals of the Grand Duchy of
Luxemburg, and on February 22, 1906, in favor o f Belgian subjects,
employed in Germany. By an act of December 24, 1903, Belgium had
abolished all distinctions between natives and foreigners under her
accident insurance laws, thus having accorded to her German neigh
bors for two years and over advantages which the action of the Ger
man Federal Council now reciprocated.. These acts illustrate what
can be accomplished in the cause o f the international protection of
labor by applying the principle o f reciprocity in national labor legis
lation.
F R A N C O -IT A L IA N T R E A T Y , JU N E 9, 1906.
In an agreement of June 9,1906, France and Italy adopted definite
measures by which to realize in practice the recommendations of the
treaty o f 1904 on the subject of compensation for injuries caused by
accidents. The principle which had now become common to such
treaties was adopted, viz, citizens o f either country injured while at
work in the territory of the other should receive the same insurance
privileges as are accorded to citizens o f the country where the accident
occurs. The same equality of treatment was granted to dependents
whether or not at the time of the accident they resided in the country
in which the accident occurred or whether they had subsequently
x See, also, E. M ah a im : Le droit international ouvrier (1913).
P R O T E C T IV E L A B O R T R E A T IE S .
147
ceased to reside there. Thus the French law denying such equality of
treatment was now superseded in so far as it concerned Italian and
Belgian workmen.
However, the treaty provided that, when French employers desired,
they could engage an Italian institution to assume the responsibilities
of insuring Italian dependents, not resident in France, in conformity
to a table of provisional rates annexed to the agreement and subject
to revision thereafter. I f an employer or insurer insured in the
French national old-age retirement fund his liabilities toward Italian
laborers, the function of paying the pension might, on demand of an
Italian beneficiary be turned over to the Italian national workmen’s
disablement and old-age provident fund, the French institution pay
ing quarterly to the latter the money due. In case of benefits having
a fixed rate, the French fund might make the payment in a lump sum
and thereby avoid the trouble of. making quarterly payments. Simi
lar stipulations operated for the accommodation of French workmen
entitled to compensation in Italy. Direct remittances from the
Italian fund to French workmen entitled to them were to be made by
postal money orders.
Should a special inquiry be concluded with reference to an acci
dent, the fact was to be immediately communicated to the consular
authority of the district within which the injured workman lived
when the accident took place. Tax exemptions accorded in one
State in the case of documents essential to the collection of insur
ance were to apply equally in cases where the documents were re
quired under the law of the other State. I f an Italian workmen not
resident in France should fail to receive payments due and appeal to
the guaranty fund established by French law, authority to deal with
the difficulty would not reside in the regular governmental authorities
as under customary procedure, but would rest in the Italian consular
authorities at Paris. The conditions governing the exercise of con
sular powers in such cases were to be determined by the authorities
concerned in the two countries. Necessity might work the suspen
sion o f the stipulations of the treaty wholly or in part. I f one of the
powers gave notice of intention to terminate the agreement in
accordance with the regulations specifically prescribed for such
action, the force of the arrangement was not to be impaired in
so far as it concerned redress due for accidents occurring up to the
time of its expiration. The prerogatives and obligations vested in
national funds and the duties devolving upon consular authorities
by the terms of the treaty were to become of no effect upon its expira
tion, with necessary exceptions, however, for the regulation of ac
counts then running and the payment of pensions for which the capi
tal sum had been previously received by a fund.
148
S U R V E Y O F I N T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O R .
F R A N C O -L U X E M B E R G T R E A T Y , JU N E 27, 1906.
In the same month in which France signed the preceding agree
ment, she signed with Luxemburg an accident insurance treaty of the
same nature as the other treaties already discussed. The principles
covering the treaty that France signed with Belgium (Feb. 21,1906),
may be repeated almost verbatim as an analysis of this act. As con
cluded it was to be in force for an indefinite length of time, reserving
the right of denunciation to each party under condition of a year’s
notice.
F R A N C O -G E R M A N U N D E R S T A N D IN G W IT H R E F E R E N C E T O
LETTERS ROGATORY.
Before the close of the year 1906 a commendable precedent had
been established by the harmonious action of French and German
authorities with reference to the status of letters rogatory pertaining
to labor accidents.1 The German Secretary of State for Foreign
Affairs having received from the French Ambassador a letter rogatory
emanating from a French justice and requesting the production in
German territory of evidence relating to a certain industrial accident
granted the request, whereupon the Government of France indicated
its readiness to reciprocate the favor whenever a similar contingency
should lead Germany to request it. A common basis for the treatment
of such letters was thus established in a manner highly creditable to
the national administrators concerned. This spirit of accommodation
is of great value in the removal of obstacles in international relations.
G E R M A N -D U T C H T R E A T Y , A U G U S T 27, 1907.
The German-Dutch treaty, like the German-Luxemburg treaty of
1905, stipulated that persons employed temporarily (not over six
months) in one State by an enterprise domiciled in the other should
be subject to the compulsory accident insurance laws of the head
quarters of the enterprise. It differed from some of the other treaties
in specifying that it was compulsory insurance which was contem
plated, and also in the fact that the operating crew of any trans
portation line was to be subject to the insurance law of the place
o f incorporation o f the line regardless of the mileage operated in
either country. Those topics which constituted the gist of the Ger
man-Luxemburg treaty were made to appear the exceptions in the
present treaty, whose principal affirmative declaration was that, sub
ject to the exceptions noted, those enterprises belonging to classes
o f undertakings covered by the insurance laws of both States and
having headquarters in one State but operating in the territory of the
other, should be governed by the accident insurance law of the country
1 L. C h a telain : Laprotection Internationale ouvrifcre, p. 227.
P R O T E C T IV E L A B O R T R E A T IE S .
149
o f operation. Thus it did not specify equality o f treatment of
foreigners and subjects; but in so far as the law in either country did
not discriminate against foreigners, equality o f treatment might be
inferred.
Provision was made whereby in case of litigation authorities o f
one country could obtain the sworn depositions o f witnesses resident
in the other, while exemptions in respect of stamp duties and fees
in the administration of the law of one Government were to apply
equally to the administration within its borders of the accident insur
ance law o f the other contracting Government. Premium rates, also,
were not to be varied by one State so as to be prejudicial to employers
having business headquarters in the other. The basis of ascertaining
in the currency of one country the equivalent of wages paid in the
other was to be determined in a manner specified, whenever the ad
ministration of the law necessitated such calculations. Upon the
conclusion of the year following the notice of its denunciation by
either party, the agreement would become null and void.
A supplementary treaty of May 30, 1914, decreed that employees
were to become subject to the operation of this agreement even
though their domicile should not be that of the institution that car
ried their risk. This addition may be interpreted as indicating that,
in so far as the accident insurance law did not positively discriminate
against foreigners, it was desired that its privileges should be shared
equally by both native and foreign operatives, and so would indicate
that the treaty did not favor leaving to voluntary effort or mere good
will application of the principle o f the equality of citizens and
foreigners under the insurance laws of either country.
F R A N C O -B R IT IS H T R E A T Y , JU L Y 3, 1909.
Two years intervened before another accident compensation treaty
was signed. This time it was between France and the United King
dom. With the principle which was its chief feature we are quite
familiar, viz, that of granting accident insurance reciprocally to for
eign laborers and dependents on the same terms as to citizens. The
customary exception for employment of less than six months’ dura
tion on soil other than that of the domicile o f the undertaking was in
serted, including specifically the intermittent employment common
to transportation service. Ratifications were exchanged October 13,
1910, arid the decrees announcing the promulgation o f the convention
were published in France October 28, 1910. In giving effect to this
treaty a British order in council stated that questions as to British
liability for compensation to French citizens, or amounts of such in
demnity, etc., were to be adjudicated by the county court. Certain
conditions were prescribed by which the responsibility for the pay
150
S U R V E Y OF I N T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O R .
ment o f compensation to French pensioners who had returned to
France was transferred from English to French authorities; that is,
from the jurisdiction of the county court to ther French National OldAge Retirement Fund. A subsequent arrangement between the Brit
ish Secretary o f State for the Home Department and the French Min
ister of Labor provided that, in case of periodic payments to a pen
sioner who returned to France to live, remittance by the county court
to such beneficiary should be made every three months, the recipient
providing each time a certificate from the mayor of the commune
in which he lived, testifying that he was alive. A medical certificate
specifying whether or not he still remained incapacitated was also
to be furnished by the injured person as often as the county court
required. Such certificates were to be authenticated by a vise of
the prefectorial administration, which would certify the official status
o f both the mayor and the doctor concerned.
H U N G A R IA N -IT A L IA N T R E A T Y , SE P T E M B E R 19, 1909.
The fundamental principle in the Hungarian-Italian accident in
surance treaty of 1909 was the same as that in the preceding treaty.
But a feature new to this class of treaties was the declaration that
workmen who coincident with employment outside the territory
of either of the contracting countries suffered injury in the service
of a business concern domiciled in one of them were to be entitled
to compensation under the compulsory insurance law of the con
cern’s domicile, unless the insurance legislation of the country where
the accident happened was found to cover the case. Dependents of
injured persons.were to receive compensation irrespective of their
place of residence at the time o f or after the accident. In case sub
jects resided in one country and drew pension from an institution
o f the other, means were provided, as in some former treaties, where
by the insurance company in question might transfer its obligation
to the institution of the country where the pensioner resided. More
over, documents except from fees when used in drawing pensions in
one State were to be favored similarly when used for the same pur
pose witKin the territory of the other.
Another distinctive feature, also new to treaties o f this class, had
to do with the creation of a court of arbitration in case the pact gave
rise to disputes. Such a court was to be instituted upon -demand
o f one o f the parties, each State choosing as arbitrators two subjects
o f its own, these four to select a presiding officer from some third
power. The State in which to convene the court would be deter
mined, in the first instance, by agreement and thereafter auto
matically by the principle of alternation. The place for court pro
ceedings would be selected and made ready by the State agreed upon.
P R O T E C T IV E L A B O R T R E A T IE S .
151
These provisions could be varied if the States agreed to carry on
the proceedings in writing. Upon application of the court to the
Government, recourse might be had to the authorities of either State
for the serving o f summons or letters rogatory in accordance with
the customs of civil court proceedings. Seven years were to elapse
before the treaty could be denounced, and thereafter withdrawal
could in no case be effected until December 31 of the year following
that in which notice was given. Certain other provisos were also
included to the end that annulment should not work injustice to those
who had become pensioners when the treaty was in force.
F R A N C O -IT A L IA N T R E A T Y , JU N E 10, 1910.
It has been seen that in consequence of the Franco-Italian treaty
o f April 15, 1904, which established a system of transferring funds
between the French National Savings Bank and the Postal Savings
Bank of Italy, various other agreements embodying the same prin
ciples were subsequently entered into, viz, the agreement of January
20, 1906, governing the transfer of deposits between private French
and Italian savings banks; and that#of June 9, 1906, regulating com
pensation for industrial accidents. Another such agreement was
that o f June 10, 1910, providing protection of young workers of
either country employed within the other. Thus despite criticism of
its dealing in theories, the Franco-Italian convention of 1904 has
demonstrated that the statement of theories in treaties may, after all,
assist in effecting their final realization in law.
Shortly after the conclusion of the treaty in 1904, France had pro
posed a basis upon which to formulate measures protecting in the
manner suggested the young workers of both countries, and Italy,
considerably disturbed about the employment of Italian children in
French glass works, agreed to send a representative to enter into
negotiations with reference to the French proposals. The negotia
tions extended over the years 1905-1909 and finally culminated in
the agreement o f 1910, by which Italian children desiring to work in
France and French children desiring to work in Italy were obliged
to obtain the necessary employment book through compliance with
regulations which were in general as follows: The young person in
question, accompanied by a parent or guardian, produced before a
consul of his Government the employment book issued by his own
country. I f he was under 15 years of age, the consent o f his legal
guardian had to be given in a duly legalized document and deposited
at the consulate. When the consular certificate duly certified and
bearing the applicant’s photograph had thus been procured, he
could obtain the requisite employment b<5ok from the mayor or
proper communal authority of the foreign State wherein he desired
152
S U R V E Y O F I N T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O B .
to labor. Where children between the ages of 12 and 13 were concerned, additional certificates were required, particularly the French
elementary school certificate or the Italian certificate prescribed by
act of July 15, 1877 (No. 3961).
A t the very beginning of the negotiations over the agreement five
years previous, Italy had requested that Italian children under 15
be denied employment books by French authorities; but inasmuch as
French children were admitted to work at the ages of 12 and 13
the authorities could not see their way clear to make special excep
tions in favor of Italian children. Moreover, such action would
have exceeded what was contemplated by the treaty of 1904, which
had merely stated that the nature of the documents and forms of the
certificates required for presentation to consular and mayoral offices
should be determined and properly inspected, and that committees
of protection should be organized. The French authorities prom
ised, however, to introduce into the treaty such measures as would
adequately protect Italian children, especially those in unhealthful
occupations, such as the manufacture of glass. Some of its pro
tective measures relating to children under 15 have beep mentioned.
The following clauses of the treaty in further extension of the
protective principle are worthy of complete citation: “ Employment
in unhealthful and dangerous trades shall be regulated by the law
in force in the country where the work is performed. In the case
of glass and crystal works, dangerous and unhealthy operations which,
at the date of the signing of this agreement, may not lawfully be per
formed by young persons in Italy, shall not be lawfully performed
by young persons in Franee, and reciprocally.
“ In view of the fact that the age of protected persons is not iden
tical under the French act of November 2, 1892, and the Italian act
of November 10, 1907, the decrees issued in both countries in pur
suance of their respective acts shall specify the age of persons whom
it shall not be lawful to employ in the operations in question.
“ The two Governments shall use their best endeavors to introduce
uniformity in the age of protected persons by means of internal
regulation. With this object they shall, if necessary, promote an
international agreement within the meaning of section 3 o f the con
vention o f April 15, 1904.”
Documents and certificates which might be issued from time to
time in pursuance of the treaty were to be exempt from fees in con
formity to the law of both countries and their preparation by consular
authorities was to be without charge to the young persons concerned.
Strict inspection of all employment books or certificates was required,
and confiscation of those irregularly issued was permitted, a record
o f all such confiscations to be made. Finally, in fulfillment o f a
measure contemplated by the treaty of 1904, protective committees,
P R O T E C T IV E L A B O R T R E A T IE S .
153
whose members should serve without compensation, were to be organ
ized in large industrial centers, including in their membership as
many o f the young workers’ fellow countrymen as possible. The
enforcement of the law in general and of acts particularly specified,
the detection o f violations or any malfeasance in respect thereto,
and the reporting of the same to the proper authorities were to be
within the province of the committees’ supervision. The treaty was
to remain in force five years, and if not denounced six months pre
vious to the conclusion of that period, it would continue to be binding
for another five-year period, and so on. This is an important feature
and is certainly conducive to much greater stability and certainty in
international relations than in the cases where treaties may be de
nounced from year to year.
F R A N C O -IT A L IA N A R R A N G E M E N T , A U G U S T 9, 1910.
Within a short time Italy and France concluded another agree
ment growing out of the treaty of 1904. This arrangement pre
scribed conditions under which the beneficiaries of persons, whether
Italians or Frenchmen, could draw their pensions from institutions
of the country in which they lived, although the pension had origi
nally been acquired from an institution of the other country.
G E R M A N -S W E D IS H T R E A T Y , M A Y 2, 1911.
A treaty o f commerce and navigation between Germany and Swe
den followed the example of the Swiss-Italian and German-Italian
treaties of 1904, wherein workmen’s insurance became a subject for
discussion and mutual arrangements by the parties concerned, in
relation to the question of according equal advantages to the subjects
o f either party employed within the boundaries of the other.
F R A N C O -D A N IS H T R E A T Y , A U G U S T 9, 1911.
An entirely new type of treaty, in the series we are considering,
made its appearance in the Franco-Danish treaty of arbitration of
August 9, 1911. It provided that differences of a judicial character
arising out o f the interpretation of treaties were, in default of set
tlement by diplomatic channels, to be submitted to arbitration at The
Hague, except in cases that affected the independence, honor, or vital
interest of either of the contracting States, or the interest of third
powers; which means that either party can reserve from adjudication
at The Hague anything it pleases.
But the Franco-Danish treaty contains the earnest of an advance
to higher ground in these particulars. Four classes of questions are
entirely excluded by it from having recourse to the above reserva
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SU RVEY OP IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
tion ; in other words, the contracting States agreed that under all cir
cumstances certain questions should, as a last resort, automatically
become subject to arbitration at The Hague. O f the classes thus
made the subjects of compulsory arbitration, the two following are o f
particular interest:
Interpretation and application of the stipulations of the convention relating
to trade and navigation.
Interpretation and application of the stipulations of the convention relating
to the matters hereunder indicated:
Industrial property, literary and artistic property, international private rights
as regulated by The Hague conventions, international protection of workers,
posts and telegraphs, weights and measures, sanitary questions, submarine
cables, fisheries, measurement of ships, white-slave trade.
The disagreements relating to the last-named matters and subject
to judicial interpretation under territorial law were to be decided by
the national jurisdiction before they were referred to arbitration,
and awards o f the arbitration tribunal were not to affect previous
judicial decisions; but the contracting parties agreed to take measures
on occasion to bring about the adoption of the arbitrator’s interpre
tation by the State tribunals. Thus while the arbitral tribunal was
precluded from annulling the decisions of national tribunals, its
decisions were to be considered a standard by which to unify diverse
principles of judicial interpretation obtained within the judicatures
of the two countries. Should the parties disagree as to whether or
not a difference belonged to the category of disputes to be submitted
to compulsory arbitration, the treaty invested the arbitral tribunal
with authority to decide, and should the parties be unable to reach
a compromise after a year’s notification by one o f them authority
would be vested in the permanent court to establish such a compro
mise. The convention would be automatically renewed for five-year
periods under tacit consent.
S W E D IS H -D A N IS H S IC K F U N D S A G R E E M E N T .
Another novel international arrangement was that entered into
in the same year (1911) between the Swedish General Association
of Sick Funds and the United Central Associations o f Sick Funds of
Denmark, terminable after one year’s notice by either party. This
agreement, entirely unofficial, made it possible for a member of a
sick fund in one association, on changing his residence to the country
o f the other, to become immediately a member o f a sick fund there,
wholly unhampered, by any requirement of entrance fee, age, state
o f health, period o f waiting, etc. After December 31, 1911, any
person who joined a sick fund after his fortieth birthday would not
be entitled to this privilege o f transfer. The association with which
a member canceled his connection was relieved of all liabilities in
PROTECTIVE LABOR TREATIES.
155
the case, and the withdrawer became subject to any special conditions
governing the sick fund to which he transferred his membership.
Annual reports were to be exchanged between the associations, parties
to the agreement, specifying all sick funds belonging to either organi
zation. Any serious differences arising between such sick funds o f
the two countries were to be resolved by the chief organizations o f
each, or, as a last appeal, by the sick funds inspector of the country
to which membership had been transferred. January 1, 1912, was
set as the date for the agreement to take effect.
S P IT Z B E R G E N D R A F T C O N V E N T IO N , J A N U A R Y 26, 1912.
A draft convention providing for joint international control of
Spitzbergen by a commission was drawn up by representatives of
Norway, Russia, and Sweden, assembled at a conference at Chris
tiana, January 26,1912. These powers were the ones most interested
in the status o f the islands, which occupied the uncertain position of
“ No man’s land” ( t e r r a
). A later conference of powers,
June 16 to July 30, 1914, comprising representatives, in addition to
the above, of France, Denmark, Great Britain, Germany, the Neth
erlands, and the United States, failed to achieve any settlement of
the status of the islands, so that the protocol of 1912 represented
before the war the latest action for settling the Spitzbergen question.
This protocol provided that employers were to enter into a written
contract with each workman, and, in case of sickness, were to furnish
attendance free of charge, while in case of accident, besides com
plying with the foregoing requirement, compensation was to be paid.
Another equally salutary, but unusual, stipulation was the prohibi
tion of the sale of alcoholic beverages to the worker by or on behalf
o f the employer.
G E R M A N -B E L G IA N T R E A T Y , J U L Y 6, 1912.
Approximately six months after the date of this proposal Bel
gium and Germany entered into an accident insurance treaty that
supplemented insurance legislation of the two States in 1903 and 1906,
respectively. Except for State and transportation undertakings,
enterprises domiciled within one country and extending their sphere
o f operation into the other were to become subject to the accident
insurance laws of the country where operations were carried on, pro
vided compulsory accident insurance obtained for the class of estab
lishments in question in both States. This agreement is of the same
type as the German-Dutch treaty. With slight variations, the gen
eral exception met with in most of these treaties held good for
this—that is, for the first six months of operation in territory of the
foreign State undertakings would be subject to the insurance legisla
156
SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
tion o f the home State, in so far as it concerned employees who had
previously been connected with the undertaking when in the home
State. In calculating the period o f operation outside the country of
domicile with reference to a series of operations carried on concur
rently or successively, the time would be reckoned from the beginning
o f the first to the termination of the last of such operations; but
should an interval o f over 30 days elapse between the completion of
one operation and the commencement of the next, a new period of
six months would begin for the operation in question.
Certain State undertakings were to be subject in all cases to the
accident insurance regulations of the home State, while, as provided
in the German-Netherlands treaty, traveling crews of transporta
tion systems were to be protected in all cases by the insurance laws of
the home State. Actions for civil liability connected with accidents
were to be brought under the law of the country whose legislation on
compensation applied in the case. The agreement contained the
usual stipulations relative to engaging the mutual assistance of
authorities in the execution of the laws of one State within the other,
including exemptions from stamp duties, the intermediacy o f'c o n
sular agencies, the establishment of a standard by which to express
value in different systems of coinage, etc. Notice of its discontinu
ance might be given at any time; at the end of the year following
such notice, the treaty would be terminated. The documents ratify
ing the treaty were exchanged on January 10,1913.
G E R M A N -IT A L IA N T R E A T Y , JU L Y 31, 1912.
Less than a month after the conclusion of the German-Belgian
treaty, the most comprehensive insurance treaty yet drawn up was
signed by the representatives of Germany and Italy. Thus the sug
gestions of the German-Italian treaty of 1904 at last materialized,
and on an unprecedented scale. The treaty was divided into four
sections as follow s:
I. Accident insurance.
II. Invalidity, old-age, and survivors’ insurance.
III. General provisions.
IV. Final provisions (in part, contemplating future conven
tions) .
The part devoted to accident insurance was another statement o f
the principle of the equality of foreigners and citizens before the
law of the country in which they worked. The agreement applied
to Italian accident insurance of agricultural laborers only in case
they were insured under the Italian act of January 31, 1904. A
person might waive his right to pension by accepting a lump sum
equal to three times the amount of his annuity. I f the insurers pre
PROTECTIVE LABOR TREATIES.
157
ferred to make ov£r to a pensioner a capital sum equivalent to the
value of, and in lieu of, his periodic pension, the insuree was obliged
to accept.
The provisions o f Part I I dealing with invalidity, old-age, and
survivors’ insurance were more complicated. It should be remem
bered in this connection that contributions for the purchase of insur
ance in German institutions were derived in part from employers as
well as from employees, and that not only was insurance compulsory,
but it extended its benefits under certain conditions even to Germans
working outside their State, e. g., in Italy. Contributions for and on
behalf o f Italian subjects, made to the German invalidity and sur
vivors’ insurance fund, were to be equal to payments for German
subjects, even if the Italians were enrolled at the same time in an
institution of their own country. An Italian thus doubly enrolled
might demand that half of the money used to purchase his insurance
in the German institution be paid, in his behalf, by the German in
surer to the Italian fund, in which case the Italian subject or his
assigns could claim insurance from the Italian institution only. For
claims arising previous to the application for transfer, the German
institution would stand liable. Italians might also transfer to their
own national institutions additional voluntary insurance bought
under German law. Military duty in Italy was to be reckoned as
the equivalent of such duty in Germany under the insurance law
of the latter. Differences in the insurance legislation of the two
States rendered many stipulations of the treaty applicable to only
one of the parties to it.
German subjects in Italy were privileged to enroll as members of
the Italian national provident fund upon an equal footing with
Italian subjects save for certain specified exceptions. Such a Ger
man insuree could require the refund by the Italian institution of all
payments made to it in his behalf should he leave Italy before the
contingency insured against arose. Italian employers paying pre
miums to the fund for workmen of their own nationality were obli
gated to do the same for German workers. The fundamental princi
ple governing the insurance of Germans in the mercantile marine
invalidity fund of Italy was the same as for the other fund. I f a
German drawing pension from either fund should voluntarily locate
his home beyond Italian territory, his policy would lapse upon his
receipt of a payment triple the amount o f his annuity, while if he
should leave the country upon the order of Italian authorities his
pension would not be forfeited, although it might be terminated by
the payment o f a similar lump sum. I f his departure, however,
were in consequence of conviction for crime, his pension would be
forfeited.
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SU RVEY OF IN T E R N A T IO N A L ACTION AFF E C TIN G LABOR.
Part I I I of the treaty, declarative of general provisions after tha
order of treaties already studied, enjoined that mutual assistance be
accorded by the authorities o f each State in all matters concerned
with the execution o f the law; that exemptions from stamp duties
and fees, decreed by one country for its own administration, were to
be extended to the administration within its confines of the insurance
laws o f the other; and that the proper consular authorities were al
ways to be notified of the conclusion of an inquiry into an accident
relevant to insurance proceedings. For the purpose of taking evi
dence or serving legal papers in a foreign jurisdiction, arrangements
were contemplated whereby the assistance o f the consular authorities
of either country might be invoked.
There were also stipulations theretofore unknown to this class of
treaties. For the administration of German insurance within Italy,
the latter country was to send to the German Government a list of the
names o f Italian doctors, hospitals, etc., suitable for the medical
treatment of injured Germans, besides also seeing to it that expenses
in connection with these individuals and institutions should not be
come excessive.
Part IV belonged to the order of resolutions that look toward
future agreements, which have sometimes been condemned as im
practical, but which, in view o f the results obtained, are worthy of
some consideration. The signatories considered a future convention
enlarging the scope o f this agreement so as to include agricultural
insurance when such a system should be introduced into Italy as might
be deemed equivalent to German agricultural accident insurance.
Likewise they looked forward to the conclusion of a convention
placing their respective subjects upon the same footing with respect
to invalidity, old-age, and survivors’ insurance when Italy in this
form o f insurance had evolved an organization equal to that of
Germany.
The date upon which the treaty should come into force was April
1, 1913; it could be denounced at any time and would cease to be
valid at the end of the year following such notice. Ratifications
were exchanged at Berlin March 25, 1913, and six days later official
German notifications appeared with reference to special measures
to be pursued in execution o f certain o f its articles and paragraphs.
G E R M A N -S P A N IS H A C C ID E N T A G R E E M E N T R E S P E C T IN G S A IL O R S ,
N O V E M B E R 30, 1912, A N D F E B R U A R Y 12, 1913.
An accident compensation agreement respecting sailors was made
between Germany and Spain by an exchange o f diplomatic notes on
November 30, 1912, and February 12, 1913. By this agreement, if
a Spanish sailor on board a German ship met with an accident in a
PROTECTIVE LABOR TREATIES.
159
German port, or was brought to a German port after the accident,
German officials were to notify the proper Spanish consul; similar
procedure was obligatory if the port was non-German; and if the
port was Spanish and at the same time a chief town o f a province
the civil government or else the alcalde was to be notified. In case
the accident occurred on the high seas it was incumbent upon the
German consul to notify, if possible, the proper authorities within
24 hours from the moment the ship entered a Spanish port. By
interchanging the words “ Spanish ” and “ German ” reciprocal action
was specified for a German injured in the employ of a Spanish ship,
except that the last two words, viz, “ Spanish port,” were retained in
stead o f the naturally expected words “ German port ” being inserted.
By the retention o f these words the agreement lays a double obliga
tion upon Spanish authorities to protect an injured German sailor
on board a Spanish ship in a Spanish port, while to protect an
injured Spaniard on board % , German ship in a German port the
agreement specifies no such double obligation for German authori
ties, but rather renders that double obligation incumbent upon Ger
mans when the German ship is in a Spanish port, the inference
being that Germans would look after such affairs in their own ports
quite well enough without relying upon the compulsion o f the “ 24hour ” clause of the agreement, but that in view of the less efficient
regulation of Spanish ports this provision was needed to prevent the
miscarriage of justice in the latter ports.
IT A L IA N -A M E R I C A N T R E A T Y , F E B R U A R Y 25, 1913.
By reason of the fact that the enactment of labor legislation is
almost wholly within the province of the individual States of the
Union, and because constitutional tradition upholding the theory
o f the distribution of sovereignty has been very jealous of what is
known as “ State’s rights ” in contradistinction to national centraliza
tion o f authority, the freedom of action of the United States has been
very limited in matters pertaining to international agreements in
protection o f labor. An example of about the best that has been
done thus far in the way of a protective labor treaty is the agreement
signed between Italy and the United States under date o f February
25, 1913, in amendment of an old treaty o f commerce and navigation
o f February 26,1871. The principal clause of the new agreement is
as follow s:
“ The citizens o f each of the high contracting parties shall receive
in the States and Territories of the other the most constant security
and protection o f their persons and property and for their rights, in
cluding that form of protection granted by any State or national
law which establishes a civil responsibility for injuries or for death
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caused by negligence or fault, and gives to relatives or heirs o f the
injured party a right of action which shall not be restricted on .ac
count o f the nationality of said relatives or heirs; and shall enjoy in
this respect the same rights and privileges as are or shall be granted
to nationals, provided that they submit themselves to the conditions
imposed on the latter.”
There is comparatively little Federal law in America, other than
that covering Federal employees or employees engaged in interstate
commerce, that may be termed distinctively protective labor law. A s
an example of such law we may note that the use of white phos
phorus in the manufacture of matches has been effectively prevented
through a statute prohibiting the importation or exportation of
matches containing that substance and by levying a prohibitive tax
upon such matches.1 At the same time State laws are very diverse
and in many instances very deficient.2
F R A N C O -S W IS S A G R E E M E N T , O C T O B E R 13, 1913.
In the same year (1913) France and Switzerland entered into an
understanding to prevent Frenchmen or foreigners working on
French soil and regularly employed by the Swiss Federal railroads
from becoming subject to the old-age insurance systems of both
France and Switzerland. The legislation of the two countries was
dissimilar, but the agreement dissipated the difficulties which had
arisen by stipulating that such employees on French soil might be
insured in the Swiss system in place of the French; but if not in
sured in either, they were obliged to take out insurance according to
the terms of the French law.
As a side light upon the compulsory old-age insurance of railroad
employees obtaining in both France and Switzerland, it is worthy
of note that by an act of July 21, 1909, France compelled the great
railway lines to insure all employees in a retirement pension scheme
maintained by contributions from the railway companies and by
deductions from employees’ salaries. The scope of the old-age pen
sion law in France was extended by an act of April 5,1910, including
in its benefits employees of both sexes in industry, agriculture, com
merce, and the liberal professions; servants, State employees not in
sured in civil or military systems, and employees of departments and
communes. It was in general a compulsory system with support de
rived from State subsidies, contributions of employers, and either
compulsory or voluntary contributions of insured parties as the case
1 United States Statutes at Large (1 9 1 1 -1 9 1 3 ), vol. 37, Pt. I, p. 81, ch. 75, An act to
provide for a tax upon white phosphorus matches, and for other purposes.
2 For an analysis of the treaty-making power in the field of labor legislation, see
“ Constitutionality of treaty provisions affecting labor,” by Thomas I. Parkinson, in the
American Labor Legislation Review, New York City, March, 1919, pp. 2 1 -3 2 .
PROTECTIVE LABOR TREATIES.
161
required. Foreign laborers came within the terms of its require
ments, but without the benefit of employers’ contributions or State
subventions except as reciprocity treaties with their countries might
provide for such privileges.
IT A L IA N -G E R M A N W A R A R R A N G E M E N T , M A Y 12-21, 1915.
The following clause explains an agreement between Italy and
Germany after the outbreak of the present war and just before Italy’s
declaration o f war upon Austria-Hungary (May 23, 1915): “ The
subjects of either of the two States shall continue to enjoy the bene
fits provided in the laws in force in the other country in the matter
of social insurance. The power to take advantage of the rights in
question shall not be restricted in any manner.”
There are certain principles which in general are common to these
international agreements covering insurance, particularly accident
insurance. In brief they stipulate for—
(1) Equality of treatment of foreigners and citizens working in
the same country before the insurance law of that country.
(2) Ah exception for the first six months of an establishment’s
operation on foreign soil, during which the insurance laws o f the
State o f its domicile apply.
(3) Inclusion of transportation lines in the above exception.
(4) Cooperation in the administration of the laws of one country
within the territory of the other.
(5) Reciprocal grant of special exemptions in the administration
o f the insurance law of one State within the territory of the other
(usually to the effect that special advantages and exceptions inci
dent to the insurance legislation of one State shall apply to the ad
ministration within its territory of the insurance law of the other).
(6) Termination of the treaty to take effect one year after notice
(or, as sometimes stated, at the expiration of the year following the
denunciation).
(7) Notification of the inquiry into an accident to the proper con
sular authority (frequently, under the condition that such notifica
tion be given immediately, upon the conclusion o f the inquiry, to
the consul in the district where the injured party resided at the time
of the accident).
(8) Facilities by which insurance procured by individuals in a for
eign country may be paid to them through institutions of their own
country.
(9) A forecast of possible treaties of the future.
The foregoing treaties on accident insurance may be roughly clas
sified in groups according to the above principles. Treaties which
143445°—’20— Bull. 268------ 11
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SURVEY OF IN T E R N A T IO N A L ACTION AFF E C TIN G LABOR.
forecast future agreements in so far as they relate to workmen’s in
surance are the Swiss-Italian (1904), the German-Italian (1904),
the German-Austro-Hungarian (1905), and the German-Swedish
(1911). The same is true of the Franco-Italian treaty (1904) in so
far as it relates to accident insurance.
A group o f agreements providing in general that firms operating
in the territory of another country less than six months are to be
subject to the accident insurance law o f the country of domicile, and
if for more than six months, of the country of operation, are the German-Luxemburg treaty (1905), to which principles two, three, four,
and five apply, the German-Netherlands treaty (1907), and the
German-Belgian treaty (1912), to which principles two, four, five,
and six are applicable.
The class to which the largest number o f treaties belongs is dis
tinguished by a precise declaration of the principle that, in re
spect o f compensation for accidents, subjects o f either party work
ing in the territory o f the other are to enjoy equal privileges with the
citizens o f the country in which they work. This group, in which are
all o f the following treaties, may be further subdivided. To the
Belgian-Luxemburg treaty (1905), the Franco-Luxemburg treaty
(1906), and the Franco-Belgian treaty (1906), the first six prin
ciples apply, and also the principle that notification o f inquiry
into the accident shall be made to the proper authority in the
case o f the last-named treaty; by the Franco-Italian agreement
(1906), the Hungarian-Italian agreement (1909), and the GermanItalian agreement (1912), principles one, four, five, six, seven, and
eight are clearly stated, including in the instance of the GermanItalian treaty a promise of future agreements. The Franco-British
treaty (1909) contains principles one, two, three, four, six, and eight.
Much, however, that is not stated in a treaty in so many words
may be enacted in pursuance of its interpretation by a protocol or by
administrative authorities. Moreover, the existence of other law
may make unnecessary a statement of principle that would otherwise
occur. Therefore, if any insurance treaty does not formally specify
that subjects of both countries are to be treated equally in respect of
the insurance law of either it is patent that the omission constitutes
no proof in itself that the principle is not applied by the parties in
question. Thus we find Germany, by virtue o f her national legisla
tion, applying various phases of this principle in her treatment of
laborers from Belgium and Luxemburg within her territory, al
though her accident insurance treaties with these countries do not
make any specific statement to this effect.
CHAPTER V III.— ARGUMENTS FOR AND AGAINST INTER
NATIONAL LABOR REGULATION.
The movement for the international protection of labor, like all re
form movements, has met with determined opposition. Included
among its opponents have been all the various parties affected—Gov
ernments, employers, and workingmen— and in order to have a fair
understanding of the issues involved it is necessary to know the
grounds on which such opposition is based, as well as the reasons for
advocating these measures.
«
O P P O S IT IO N FR O M G O V E R N M E N T S, E M P L O Y E R S , A N D
EM PLOYEES.
With the first effort on the part of a State, that of the Swiss Fed
eral Council in May, 1881, to bring about international regulation
through governmental action, objection on one ground or another
was made by most o f the countries approached, France stating that
it was not within the province of the State to interfere with con
tracts between employers and employees, either nationally or inter
nationally, except possibly in cases of extreme necessity.
Opposition to international restrictions from employers has been
based largely on the two following points: (l)T h a t it obliges them to
compete with goods produced by the cheap labor of an industry un
hampered by restrictive labor law; (2) that production may be lim
ited as a result of restrictions placed upon them, such as, for ex
ample, the nonemployment of women at night, reduction of the
length of the workday, and the like.
The movement has been opposed among workingmen but only to
a very limited extent. Labor has also foreseen a possible lower
ing o f its standards in those countries in which the best condi
tions of work, hours, and wages prevail, in order to meet conditions
in countries in which these standards are lower, since it has been
considered probable that compromise would have to be effected to
meet the varying economic conditions in the countries concerned.
These difficulties, which seemed perhaps insuperable to the earlier
advocates o f the movement, have largely disappeared through grad
ual changes in laws and habits of thought. The principal objection
now raised by National Governments is that action taken by inter
national concert involves an infringement upon the sovereign rights
o f the nations. The National Governments are jealous of any inter
ference in the sphere o f their legislative activities.
163
164
SURVEY OF IN TE R N A TIO N A L ACTION A FFECTIN G LABOR.
While employers have found fault with such intervention in many
cases, it is true that their objections have been much more strenuous
in the field o f national than in that of international regulation. They
continue to view excessive regulation as a limitation upon the inter
ests o f production and business profits, regardless o f whether such
regulation is national or international.
No organized opposition on the part of labor to protective meas
ures now exists. For over half a century labor has been a propelling
force behind the movement for labor legislation. It believes in pro
tection from dangerous machinery and occupational diseases, the
abolition o f child labor, such a regulation of the hours of labor for
women as will safeguard the physical and moral health o f the com
munity, suppression of the sweating system, and the reduction of
the hours of labor to the lowest practicable point. Labor advocates
that degree of leisure for all which is the condition of the ideal life,
a release from employment one day in seven, a living wage as the
minimum in every industry, and the highest wage that each industry
can afford, suitable provision for the old age of workers and for those
incapacitated by injury in industry, the lifting of the crushing bur
dens o f the poor, the reduction of the hardships of labor, and the
upholding of its dignity.
O T H E R O B JE C T IO N S TO IN T E R N A T IO N A L R E G U L A T IO N .
Certain other objections to regulation of industry have been ad
vanced. It has been argued that dissimilarities in climate and in
peoples are a serious hindrance to international regulation, since a
rule applicable to the workmen of the temperate zone would not be
equally applicable to laborers of the torrid zone, and that laws relating
to child labor would not be suitable in all cases since children of some
lands mature more quickly than those in others. Abolition of night
work for women is criticized on the score that in tropical countries
the only cool period of the day extends from sunset to sunrise, and
to prohibit women from working at night in these countries might
cause serious difficulties, while differences in soil, mineral resources,
supplies of water and fuel, seasonal changes with their effect on goods
handled, all making for dissimilarity in manufacturing processes,
have also been cited as reasons against international regulation. All
these points, however, are, as a matter of fact, provided for in such
treaties and conventions as have been entered into. Exceptions are
made in the agreements respecting seasonal occupations and adjust
ments are made to suit the regulations to the nature of the climatic
conditions and the character of the working force in each country.
The different systems of labor legislation and administration in
different States, which have been built up by the long and slow proc
AR G U M EN TS AS TO IN T E R N A T IO N A L REG U LATION .
165
ess of evolution and which are therefore adapted to their peculiari
ties o f situation—geographical, social, and economic—and to their
differing constitutional systems, rendering labor legislation difficult
under one form o f government and easy under another, have also
been urged as militating against effective regulation. In practice,
however, differences in government and industrial organization have
not presented any insurmountable difficulties. The Bern conven
tions have been applied by autocracies, monarchies, and republics
with all sorts of differing labor laws. The relation of the United
States, however, is peculiar. After the convention banning white
phosphorus had been agreed to by other leading industrial nations,
the Congress of the United States, which was unable to pass a pro
hibitory law owing to constitutional limitations, passed a tax meas
ure which was practically equivalent to a prohibitory law.
The movement presents a problem to the United States. If, as
some authorities hold, jurisdiction over labor matters is one of those
powers wholly “ reserved to the States and the people thereof,” and
one that can not under any circumstances be exercised by the Federal
Government by treaty any more than by legislation, changes may
be necessary in the theory and practice of American labor adminis
tration. There are, however, other authorities who hold equally
firmly that a treaty entered into by the executive power and the
Senate becomes the “ supreme law of the land,” regardless of any
State legislation to the contrary. In interpreting any treaty the
only question which the Supreme Court may assume to pass upon,
these authorities hold, is whether or not the subject matter of the
treaty is one which may be referred for international negotiations.1
O B S T A C L E S TO IN T E R N A T IO N A L A C T IO N .
Probably the chief obstacle to the securing of international agree
ments modifying industrial standards is the present basic conflict be
tween employer and employee. Within each country the various
economic groups are continually in conflict. The attempts to raise
standards, shorten hours, and increase wages are considered by em
ployers as attacks upon the interests o f production, because such
changes increase costs and thus limit business returns. While some
countries, in spite of this ceaseless struggle of interests, have brought
labor standards to a fairly high level, other countries, “ where labor
is cheap, plentiful, and impotent,” are still submitting to the 12-hour
day and a regime of low wages. For the latter countries, it is obvious
that any considerable upward movement of standards will mean a
relatively greater loss to their employers as a group, hence the oppo
1
See also, “ Constitutionality of treaty provisions affecting labor,” by Thomas I. Parkin*
ton, in the American Labor Legislation Review, March, 1919.
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SU RVEY OF IN TE R N A TIO N A L ACTION AFF E C TIN G LABOR.
sition o f employers to such proposed agreements. Although long
periods o f transition for adaptation to higher labor standards were
allowed in the agreements, the countries o f low labor standards
almost invaribly declined to participate in international labor con
ventions.
The agitation for the regulation o f labor conditions began, as al
ready observed, among closely contiguous European countries. The
tendency is for labor to move to the countries having improved labor
standards, while the knowledge among the workers of any country of
better labor conditions in neighboring countries is provocative of un
rest in the home country. Thus the threatened loss of labor and tha
disaffection among the workers have brought home to employers the
desirability o f considering some united action on their part with the
employers of other countries.
With the increasing education o f the workers and the gradually
enlarging facilities of communication the more urgent will become
the demand to raise labor standards by international action. En
lightened manufacturers see in such raising o f industrial standards
no diminution in the long run of their ability to compete with those
manufacturers who can avail themselves o f masses o f cheap and
helpless workers; while the working man sees in international action
a means of improving the conditions of life o f those who constitute
the great majority of the population.
A PPEN D IX I.— TREATIE S AND CONVENTIONS AFFECTING
LABOR.
Unless otherwise stated the translation or version of the treaties
or conventions used has been taken from the Bulletin of the In
ternational Labor Office (Basel, Switzerland), printed in French,
English, and German. I f the treaty or convention is discussed in
the body o f the bulletin, reference is made to the pages covered by
that discussion.
B E R N C O N V E N T IO N S .1
International Convention Respecting the Prohibition of Night Work for Women in Industrial
Employment3 (Sept. 26, 1906).
A r t ic l e 1 . — Night work In industrial employment shall be prohibited for all
women without distinction of age, with the exceptions hereinafter provided for.
The present convention shall apply to all industrial undertakings in which
more than 10 men or women are employed; it shall not in any case apply to
undertakings in which only the members of the family are employed.
It is incumbent upon each contracting state to define the term “industrial
undertakings.” The definition shall in every case include mines and quarries
and also industries in which articles are manufactured and materials trans
formed; as regards the latter, the laws of each individual country shall define
the line of division which separates industry from agriculture and commerce.
A r t . 2. The night rest provided for in the preceding article shall be a
period of at least 11 consecutive hours; within these 11 hours shall be com
prised the interval between 10 in the evening and 5 in the morning.
In those States, however, where the night work of adult women employed in
industrial occupations is not as yet regulated, the period of uninterrupted
rest may provisionally and for a maximum period of three years be limited
to 10 hours.
A r t . 3. The prohibition of night work may be suspended—
(1) In cases of force majeure, when in any undertaking there occurs an
interruption of work which it was impossible to foresee and which is not of a
periodic character.
(2) In cases where the work has to do with raw materials or materials in
course of treatment which are subject to rapid deterioration, when such night
work is necessary to preserve the said materials from certain loss.
A r t . 4 . In those industries which are influenced by the seasons, and in all
undertakings in the case of exceptional circumstances, the period of the unin
terrupted night rest may be reduced to 10 hours on 60 days of the year.
Art. 5. It is incumbent upon each of the contracting States to take the ad
ministrative measures necessary to insure the strict execution of the terms
of the present convention within their respective territories.
i See pp. 125 to 137.
* See pp. 128 to 132.
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168
SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
Each Government shall communicate to the others through the diplomatic
channel the laws and regulations which exist or shall hereafter come into
force in their country with regard to the subject matter of the present conven
tion, as well as the periodical reports on the manner in which the said laws
and regulations are applied.
A r t . 6. The present convention shall only apply to a colony, possession, or
protectorate when a notice to this effect shall have been given on its behalf
by the Government of the mother country to the Swiss Federal Council.
Such Government when notifying the adhesion of a colony, possession, or
protectorate shall have the power to declare that the convention shall not
apply to such categories of native labor as it would be impossible to supervise.
A b t . 7. In extra-European States, as well as in colonies, possessions, or
protectorates, when the climate or the condition of the native population shall
require it the period of the uninterrupted night rest may be shorter than the
minima laid down in the present convention provided that compensatory rests
are accorded during the day.
A b t . 8. The present convention shall be ratified and the ratifications de
posited with the Swiss Federal Council by December 31, 1908, at the latest.
A record of this deposit shall be drawn up of which one certified copy shall
be transmitted to each of the contracting States through the diplomatic
channel.
The present convention shall come into force two years after the date on
which the record of deposit is closed.
The time limit for the coming into operation of the present convention is
extended from 2 to 10 years in the case of—
(1) Manufactories of raw sugar from beets.
(2) Wool combing and weaving.
(3) Open mining operations, when climatic conditions stop operations for at
least four months every year.
A b t . 9. The States nonsignatories to the present convention shall be allowed
to declare their adhesion to it by an act addressed to the Swiss Federal Coun
cil, who will bring it to the notice of each of the other contracting States.
A b t . 10. The time limits laid down in article 8 for the coming into force of
the present convention shall be calculated in the case of nonsignatory States, as
well as of colonies, possessions, or protectorates, from the date of their adhesion.
A b t . 11 . It shall not be possible for the signatory States or the States, col
onies, possessions, or protectorates who may subsequently adhere to denounce
the present convention before the expiration of 12 years from the date on
which the record of the deposit of ratifications is closed.
Thenceforw ard the convention may be denounced from year to year.
The denunciation will only take effect after the lapse of one year from the
time when written notice has been given to the Swiss Federal Council by the
Government concerned, or, in the case of a colony, possession, or protectorate,
by the Government of the mother country.. The Federal Council shall com
municate the denunciation immediately to the Governments of each of the
other contracting States.
The denunciation shall only be operative as regards the State, colony, pos
session, or protectorate on whose behalf it has been notified.
In witness whereof the plenipotentiaries have signed the present convention.
Done at Bern this 26th day of September, 1906, in a single copy, which
shall be kept in the archives of the Swiss Confederation, and one copy of which,
duly certified, shall be delivered to each of the contracting States through the
diplomatic channel.
T R E A T IE S A N D C O N V E N T IO N S .
169
international Convention Respecting the Prohibition of the Use of White (Yellow) Phosphorus
in the Manufacture of Matches1 (Sept. 26, 1906).
A r t ic l e 1. The high contracting parties bind themselves to prohibit in the
respective territories the manufacture, importation, and sale of matches which
contain white (yellow) phosphorus.
A r t . 2. It is incumbent upon each o f the contracting States to take the ad
ministrative measures necessary to insure the strict execution o f the terms
of the present convention within their respective territories.
Each Government shall communicate to the others through the diplomatic
channel the laws and regulations which exist or shall hereafter come into force
in their country with regard to the subject matter of the present convention,
as well as the reports on the manner in which the said laws and regulations
are applied.
A r t . 3. The present convention shall only apply to a colony, possession, or
protectorate when a notice to this effect shall have been given on its behalf
by the Government of the mother country to the Swiss Federal Council.
A r t . 4. The present convention shall be ratified and the ratifications deposited
with the Swiss Federal Council by December 31, 1908, at the latest.
A record of the deposit shall be drawn up, of which one certified copy shall
be transmitted to each of the contracting States through the diplomatic
channel.
The present convention shall come into force three years after the date on
which the record of the deposit is closed.
A r t . 5. The States nonsignatories to the present convention shall be allowed
to declare their adhesion by a~ act addressed to the Swiss Federal Council,
who will bring it to the notice of each of the other contracting States.
The time limit laid down in article 4 for the coming into force of the pres
ent convention is extended in the case of the nonsignatory States, as well as
of their colonies, possessions, or protectorates, to five years, counting from the
date of the notification of their adhesion.
u
4rt. 6. It shall not be possible for the signatory States, or the States, col
onies, possessions, or protectorates who may subsequently adhere, to denounce
the present convention before the expiration of five years from the date on
which the record of the deposit of ratifications is closed.
Thenceforward the convention may be denounced from year to year.
The denunciation will only take effect after the lapse of one year from the
time when written notice has been given to the Swiss Federal Council by the
Government concerned, or, in the case of a colony, possession, or protectorate,
by the Government of the mother country. The Federal Council shall com
municate the denunciation immediately to the Governments of each of the
other contracting States.
The denunciation shall only be operative as regards the State, colony, pos
session, or protectorate on whose behalf it has been notified.
In witness whereof the plenipotentiaries have signed the present convention.
Done at Bern this 26th day of September, 1906, in a single copy, which shall
be kept in the archives of the Swiss Federation, and one copy of which duly
certified shall be delivered to each of the contracting powers through the
diplomatic channel.
* See pp. 132 to 134.
170
SU RVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
AGREEMENTS AS TO EQUALITY OF TREATMENT OF NATIVE AND
ALIEN WORKERS.
SAVINGS BANK AGREEMENTS.
Convention Between France and Italy (April 15, 1904).1
The President o f the French Republic and His M ajesty the K ing o f Italy
desiring by international agreement to insure to workers reciprocal guaranties
analogous to those which treaties o f commerce have provided fo r the products
o f labor and particularly,
(1) To secure to their subjects working in the foreign country the enjoy
ment o f their savings and to procure fo r them the benefit o f social insurance,
and
(2) To guarantee to workers the maintenance o f protective measures already
enacted in their favor and to cooperate for the advancement o f labor legislation,
It is resolved to conclude a convention to this effect and plenipotentiaries
are named, etc.
A r t i c l e 1 .. Negotiations shall be ecntered into at Paris, after the ratification
o f the present convention, for the conclusion o f arrangements based on the
principles hereafter stated and designed to regulate the detail o f their appli
cation, exception being made fo r the arrangement relative to the State Savings
Bank o f France and the Postal Savings Bank o f Italy provided fo r in para
graph ( a) below, which shall be annexed to the convention.
( a)
The funds deposited as savings, either in the State Savings Bank o f
France or the Postal Savings Bank o f Italy, can, on demand o f the interested
parties be transferred without charge from one bank to the other, each o f the
banks applying to the deposits thus transferred the general rules which it
applies to deposits made in it by its own nationals.
A law o f transfer, on a corresponding basis, may be established between the
different private savings banks o f France and Italy, located in large industrial
centers or in frontier towns. W ithout requiring absolutely free transfer, this
law shall stipulate fo r the cooperation o f the post office either without charge
or at reduced rates.
(&) The two Governments shall facilitate, through the medium both o f the
post office and the national funds, the payment o f insurance premiums o f
Italians resident in France to the National Provident Fund o f Italy, and of
Frenchmen residing in Italy to the National Pension Fund o f France. They
shall facilitate, likewise, the payment in France o f pensions acquired, either by
Italians, or by Frenchmen from the National Fund o f Italy, and reciprocally.
( c)
The admission o f manual workers and other employees o f Italian
nationality to old-age and perhaps sickness insurance, in the general system o f
labor pensions now under consideration of the French Parliament, as w ell as
the participation o f laborers and employees o f French nationality in the sys
tem o f workingmen’s pensions in Italy, shall be regulated immediately after
the passage o f legislative provisions in the contracting countries.
The part o f the pension corresponding to the deposits o f the w orker or em
ployee or to deductions from his wage shall accrue to him in full.
As to the part o f the pension corresponding to the contribution o f the em
ployer an arrangement shall be made upon the principle o f reciprocity.
The part o f the pension which w ill be eventually derived from State sub
sidies shall be left to the estimate o f each State and paid from its funds to its
nationals having acquired a pension in the other country.
1 Archives, diplomatiques, 1904, vol. 92, pp. 1 2 6 9 -1 2 7 4 .
See pp. 1 8 8 -1 4 0 .
TREATIES AND CO N VEN TIO N S.
171
The tw o contracting States shall facilitate through the medium both o f the
post office and their insurance funds the payment in Italy o f pensions acquired
in France, and reciprocally.
The tw o Governments shall study a special system fo r the acquisition o f
pensions by workers and employees who have w orked successively in the two
countries during minimum periods, to be determined without fulfilling in either
o f the tw o the conditions required fo r workingmen’s pensions.
( d ) The workers and employees o f Italian nationality injured in France by
reason o f circumstances incidental to their labor, and also their representa
tives resident in France, shall be entitled to the same indemnities as French
men, and reciprocally.
The Italian beneficiaries o f annuities Ceasing to reside in France as well as
dependents o f the injured parties who were not resident in France at the time
o f the accident shall be entitled to pensions to be determined. The lump sum
annuities valued according to a schedule annexed to the arrangement shall
be deposited in the National Provident Fund o f Italy to be applied by it as a
guaranty o f the payment o f the annuity. The Italian National Accident In
surance Fund shall likewise insure French employers according to the rate
agreed upon, against their liabilities to representatives, not being resident in
France, o f injured Italian workmen, if such employers desire to be relieved
from the obligation o f making inquiries and all other similar proceedings.
Equivalent advantages shall be reciprocally guaranteed to French workmen
injured in Italy.
( e ) The admission o f Italian workmen and employees in France to insur
ance institutions or to subsidized unemployment relief funds by the State, and
the admission o f French laborers and employees in Italy into similar institu
tions shall, in case o f the passage o f legal provisions relative to these institu
tions in both countries, be thereafter regulated.
( / ) The arrangements provided fo r in the present article shall be con
cluded for a period o f five years. The contracting parties must give notice
one year in advance, if it is their intention to terminate the agreement upon
the expiration o f that period. In the absence o f such notice, the arrangement
shall be extended from year to year, fo r a period o f one year, by tacit renewal.
A r t . 2. (a ) In order to avoid errors or false declarations, the two Govern
ments shall define the character o f the documents to be presented to Italian
consulates by young Italians engaged to work in France, as w ell as the form
o f the certificates to be furnished to the mayors by the said consuls before de
livery to children o f the employment books prescribed by child-labor legisla
tion. The labor inspectors shall require the presentation o f the certificates
upon each visit and shall confiscate employment books w rongfully possessed.
(6 )
The French Government shall organize protection committees, including
among their members as many Italians as possible, in industrial regions where
a large number o f young Italians not living with their fam ilies are employed
through middlemen.
(c ) The same measures shall be adopted for the protection o f young French
workers in Italy.
A b t . 3. In case the initiative shall be taken by one o f the tw o contracting
States, or by one o f the States with whom they maintain diplomatic relations,
to convoke an international conference o f various Governments with the object
o f bringing about uniformity by means o f conventions in certain provisions o f
protective labor laws, the adhesion o f one o f the tw o Governments to the pro
posal o f the conference shall entail upon the other Government a response
favorable in principle.
172
SU RVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
A kt. 4. At the moment o f signing this agreement the Italian Government
engages to complete the organization throughout the whole Kingdom, and
more particularly in those regions where industry is developed, o f a factory in
spection system operating under the authority o f the State, and affording, fo r
the application o f the laws, guaranties analogous to those which the factory
inspection system o f France presents.
The inspectors shall enforce the observance o f the law s in force on the
work o f women and children, and especially the provisions w hich relate to—
(1 ) The prohibition o f night w ork ;
(2 ) The age o f admission to work in industrial shops;
(3) The length o f the w orkday;
(4) The obligation o f weekly rest.*'
The Italian Government engages to publish an annual detailed report on the
application o f the laws and regulations relative to the w ork o f women and
children. The French Government assumes the same obligation.
The Italian Government furthermore declares that it intends to apply itself
to the study and gradual realization o f the progressive reduction o f the length
o f the workday o f women in industry.
A r t . 5. Each o f the tw o co n ta ctin g parties reserves to itself the option o f
denouncing at any time the present convention and the arrangements provided
by article 1, by giving notice one year in advance, if there is evidence that
the legislation relative to work o f women and children has not been respected
by the other party, in the matters specified in article 4, paragraph 2, in default
o f adequate inspection, or by reason o f exemptions contrary to the spirit o f the
law, or in case the legislature shall diminish the protection decreed in favor
o f labor in respect o f the same points.
A r t . 6. The present convention shall be ratified and the ratifications shall be
exchanged at Rome as soon as possible.
In witness whereof, the plenipotentiaries have signed the present conven
tion and affixed their seals thereto.
Drawn up in duplicate at Rome, April 15, 1904.
[Part II o f this convention relates to the transfer o f funds deposited in the
savings banks o f the tw o countries.]
SOCIAL INSURANCE AND ACCIDENT COMPENSATION AGREEMENTS.
Treaty Between France and Italy (April 15, 1904).
The social insurance clauses of this treaty are incidental, the treaty
being primarily one dealing with the equality of treatment of alien
and native workmen (see p. 170 et seq.).
Treaty of Commerce Between Switzerland and Ita ly 1 (July 13, 1904).
A r t ic l e 17. The contracting parties agree to examine by common and amica
ble consent the treatment o f Italian laborers in Switzerland and o f Swiss
laborers in Italy in regard to workmen’ s insurance, with the aim o f securing by
suitable arrangements to the workmen o f each nation, respectively, working in
the territory o f the other, a treatment which shall accord to them as fa r as pos
sible equivalent advantages.
1L. Chatelain: La protection internationale ouvrifcre, p. 193.
See ante, p. 142.
173
TREATIES AND CO N VEN TIO N S.
These arrangements shall be sanctioned by a separate act independent o f the
coming into force o f the present treaty.
Treaty of Commerce Between the German Empire and Ita ly 1 (Dec. 3f 1904) •
A r t ic l e 4. The contracting parties agree to examine, by common and amicable
consent, the treatment o f Italian laborers in Germany and o f German laborers
in Italy in regard to workmen’s insurance, with the aim o f securing by suitable
arrangements to the workmen o f each nation, respectively, working in the terri
tory o f the other, a treatment which shall accord to them as far as possible
equivalent advantages.
These arrangements shall be sanctioned by a separate act independent o f
the coming into force o f the present treaty.
Treaty of Commerce Between the German Empire and A u s tria -H u n g a ry * (Jan. 19, 1905).
A r t ic l e 6. The contracting parties agree tc examine, by amicable consent, the
treatment o f the workmen o f each party working in the territory o f the other
in respect o f the protection o f labor and workmen’s insurance, with the object
o f insuring reciprocally to these workers by suitable arrangements, a treatment
which shall accord to them as far as possible equivalent advantages.
These arrangements shall be sanctioned by a separate a ct independent o f the
coming into force o f the present treaty.
Treaty on Accident Insurance Between Grand Duchy of Luxemburg and Belgium* (Apr. 15,
1905).
A r t ic l e 1. Luxemburg workers meeting with industrial accident in Belgium,
and likewise those having claims upon them, shall enjoy the same compensa
tion and the same guaranties as Belgian subjects.
Reciprocally, Belgian w orkers meeting with industrial accident in the Grand
Duchy o f Luxemburg, and likewise those having claims upon them, shall enjoy
the same compensation and guaranties as Luxemburg subjects.
A r t . 2 . An exception to the foregoing rule shall be made in case o f persons
without distinction o f nationality who are working temporarily, that is, not
over six months, on the territory o f that one o f the two contracting States in
which the accident occurred, but fo r an undertaking dom iciled within the terri
tory o f the other State. In such case only the legislation o f the latter State
shall apply.
A r t . 3. The stipulations o f article 48, No. 2, and o f article 49, paragraph 4,.
o f the Luxemburg law o f April 5, 1902, are suspended in favor o f claimants o f
Belgian nationality.
A r t . 4. The stipulations o f articles 1, 2, and 3 o f this treaty shall apply to
those persons who are classed as workers by the laws on industrial accident
insurance o f the two contracting States.
A r t . 5. The exemptions allowed as regards stamps, records, and registration
and the gratuitous delivery stipulated fo r by the legislation o f Luxemburg relat
ing to industrial accidents are herewith extended to proofs, certificates, and
documents contemplated by this legislation which have to be drawn up or
delivered in execution o f the Belgian law.
Reciprocally, the exemptions allowed by the Belgian legislation are hereby
extended to proofs, certificates, and documents contemplated by this legislation
which have to be drawn up and delivered in execution o f the Luxemburg law.
1 L. C hatelain: La protection Internationale ouvrifcre, p. 194.
2 Idem, p. 198. See p. 143.
* See pp. 143, 144.
See pp. 142, 143.
174
SU RVEY OF IN TE R N A TIO N A L ACTIO N AFF E C TIN G LABOR.
A rt . 6. The authorities o f Luxemburg and Belgium shall lend each other
mutual assistance with a view to facilitating reciprocally the execution o f the
law relating to industrial accidents.
A rt . 7. This treaty shall be ratified and the ratifications exchanged at Brus
sels as soon as possible.
It shall come into force 10 days after it has been published in the form pre
scribed by the laws o f the tw o coun tries; and it shall remain in force until the
expiration o f one year from the day o f its denunciation by one o f the two con
tracting parties.
In witness w hereof the plenipotentiaries o f both parties have signed the
present treaty and affixed their seals thereto.
Drawn up in duplicate at Brussels, April 15, 1905.
Supplementary Convention Between Luxemburg and Belgium1 (May 22, 1906).
A rticle 1. The provision follow ing shall be added as a second paragraph to
No. 2 o f the convention o f April 15, 1905:
“ The above shall hold good fo r persons engaged in transport undertakings
and occupied intermittently, but habitually, in countries other than that in
which the principal establishment o f the undertaking is dom iciled.”
A rt . 2. This additional convention shall have the same force and hold good
fo r the same period as the convention o f April 15, 1905.
It shall be duly ratified, and these ratifications shall be exchanged at Brus
sels as soon as possible. It shall come into force 10 days after its publication
in the form s prescribed by the laws o f the tw o countries.
In. witness thereof the plenipotentiaries have signed this additional conven
tion, and have affixed their seals thereto.
Made and duplicated at Brussels, May 22, 1906.
Treaty on Industrial Accident Insurance Between Germany and Luxemburg * (Sept. 2, 1905).
A rticle 1. Undertakings to which the compulsory accident insurance laws o f
the two States apply, with the exception o f agricultural and forest works, and
w hich are dom iciled within the territory o f one State and carry on operations
tem porarily within the territory o f the other, shall, in the absence o f other
agreements between the competent insurers o f the tw o countries approved by
the German Chancellor and the Grand Ducal Government o f Luxemburg, be
subject, in respect o f persons employed in their temporary enterprises in the
territory o f the other State to the accident insurance legislation o f the State
where the undertaking’s main office is situated. In the meaning o f this agree
ment a temporary enterprise within the territory o f the other State is one whose
presumable duration w ill not exceed six months. For each separate enterprise
\yithin the territory o f the other State the period o f time shall be reckoned
separately.
Persons thus tem porarily employed include the traveling staff o f transport
lines who cross the borders on through trains and also persons who without
change o f their business dom icile are sent in urgent cases to serve as substi
tutes on railroads within the territory o f the other State, fo r not over six
months.
A rt . 2. In case o f doubt as to whether according to the provisions o f article
1, the accident insurance law s o f the one or the other State are applicable, and
if the insurers o f the tw o countries c*in not come to an agreement between
themselves and with the managers o f the undertaking, and in case o f compensa
tion proceedings with the party entitled to indemnity, the authorities o f the
1 See p. 144.
* See pp. 144, 145.
TREATIES AND CO N VEN TIO N S.
175
State in which the undertaking in question carries on operations shall have
exclusive and final authority to decide— that is to say, in Germany, the Im perial
Insurance Office, and in Luxemburg, the Government.
The decision rendered conformably to article 1 applies to the insurers in the
other State and serves as the rule, without retroactive effect, to be follow ed,
particularly in matters pertaining to payment o f indemnities, and to determine
whether the officials in the one or the other State are responsible fo r the final
handling o f the case. B efore the decision by one o f the tw o parties designated
in article 1 a hearing is to be given to the insurers concerned a/nd to the em
ployer, and in case o f compensation proceedings to the claim ant; the decision
rendered is to be communicated to the parties concerned.
A rt . 3. I f an accident occurs furnishing without doubt occasion fo r indem
nity and yet there is doubt as to whether the payment is to be made by the
insurers o f the one or the other State, the insurer first involved in the case
conform ably to the legal proceedings valid fo r him shall, in the meanwhile, take
care o f the claimant.
The final cost shall fa ll upon the insurer, who shall as soon as possible be
designated as the party obligated to pay compensation.
A rt . 4. I f in accordance with the principles o f this agreement, single under
takings or branches o f undertakings pass from the accident insurance jurisdic
tion o f one country to that o f the other, the change shall be effected at the end
o f the current year only. I f there is an agreement between the insurers o f the
tw o countries, the transfer with legal effect o f all parties concerned can be
reckoned from the time o f the coming into force o f the present agreement.
Obligations resulting from accidents before the time o f transfer must be met
by that insurer by whom the undertaking responsible fo r the accident w as
insured before the time o f the transfer.
A rt . 5. In the execution o f the accident insurance laws, especially in the proof
o f such industrial accidents as come under the accident insurance laws o f the
home State but occur in the territory o f the other State, the competent officials
and authorities shall lend mutual legal aid irrespective o f their duty to investi
gate these accidents officially as soon as possible.
A rt . 6. The foregoing terms shall apply by analogy to official employees o f
the German Empire, o f a German federated State, or o f a German Province or
district who are employed in undertakings in which insurance is compulsory
which are designated by article 1, but who, in place o f being insured under the
German system o f accident insurance, are entitled to accident benefit within
the meaning o f section 7 o f the German industrial accident insurance law.
In that case the authorities competent to make decisions conformable to
article 2 differ from those designated by that article in that fo r imperial
employees the Imperial Insurance Office 'is replaced by the Chancellor and for
the employees o f the States, Provinces, and districts by the central authorities
o f the particular States.
In cases when the German laws on accident relief apply, the provisions o f
these laws on the compensation o f other accident claims under the German law
shall also apply to compensation claims made in pursuance o f the laws o f
Luxemburg in respect o f an accident occurring in Luxemburg.
A rt . 7. This treaty shall come into force one month after its conclusion and
it can be denounced by either party on January 1 o f each year, with the same
to take effect the first day o f January o f the year next following.
In witness w hereof the plenipotentiaries o f both parties have signed the
present treaty and affixed their seals thereto.
Drawn up in duplicate in Luxemburg, September 2, 1905.
176
SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOE.
Treaty Between France and Belgium Relating to Compensation for Injuries Resulting from
Industrial Accidents1 (Feb. 21, 1906).
/
A r t i c l e 1. Belgian subjects meeting with industrial accidents in Prance, and
likewise their dependents, shall enjoy the compensation and guaranties granted
to French citizens by the legislation in force relating to compensation for
industrial accidents.
Reciprocally, French subjects meeting with industrial accidents in Belgium,
and likewise their dependents, shall enjoy the compensation and guaranties
granted to Belgian citizens by the legislation in force relating to compensation
fo r industrial accidents.
A r t . 2. Notwithstanding an exception to the rule shall be made if the persons
in question were sent out of their own country temporarily, and occupied for
less than the last six months on the territory o f that one o f the tw o contracting
States where the accident occurred, but were taking part in an undertaking
established within the territory o f the other. In such case the persons inter
ested shall have a right only to the compensation and guaranties provided by
the legislation o f the latter State.
The same rule shall apply to persons attached to transport undertakings and
employed intermittently, whether regularly or not, in the country other than
that where the undertaking is domiciled.
A r t . 3. The exemptions allowed as regards stamps, records, and registration
and the free delivery stipulated for by the Belgian legislation relating to indus
trial accidents are hereby extended to proofs, certificates, and documents con
templated by the legislation in question which have to be drawn up or delivered
in pursuance o f the French law.
,
Reciprocally, the exemptions allowed and free delivery stipulated for by the
French legislation are hereby extended to proofs, certificates, and documents
contemplated by the legislation in question which have to be drawn up or
delivered in pursuance o f the Belgian law.
A rt . 4. The French and Belgian authorities shall lend each other mutual
assistance with a view to facilitating reciprocally the execution o f the laws
relating to industrial accidents.
A rt . 5. The present treaty shall be ratified and the ratifications exchanged
at Paris as soon as possible.
The treaty shall come into force in France and Belgium one month after it
has been published in the tw o countries in accordance with the form s pre
scribed by their respective la w s.
It shall remain in force until the expiration o f one year from the day after
it shall have been denounced by one or other o f the contracting parties. In
testimony w hereof the respective plenipotentiaries have signed the present
treaty and affixed their seals thereto:
Note, Dated March 12, 1910, in Pursuance of the Convention Respecting Compensation for In
juries Resulting from Industrial Accidents, Concluded at Paris on February 21, 1906, Between
France and Belgium.1
In the application o f article 4 o f the said convention, the tw o signatory States
agree that in case o f an accident giving occasion for an inquiry notice o f the
termination o f the said inquiry shall be given immediately to the consular
authority o f the district where the victim was residing at the time o f the acci
dent, in order that the authority in question may take note o f the said inquiry
in the interests o f the interested parties.
This agreement shall not come into operation for three months after it is
signed.
* See p. 145.
TREATIES AND CONVENTIONS.
177
Agreement Concluded on June 9, 1906, Between France and Italy, Relating to Compensation
for Injuries Resulting from Industrial Accidents.1
A rticle 1. Italian workmen or employees who meet with accidents arising
out o f or in the course o f their employment on French territory, or their repre
sentatives, shall have the same rights to compensation as French workmen or
employees, or their representatives, and vice versa.
A rt . 2. The same rule shall apply, subject to the conditions contained in the
follow ing articles, to claimants who were not residing within the territory o f
the country where the accident happened at the time when it occurred, or who
subsequently ceased to reside therein.
A rt, 3. I f an accident is follow ed by an inquiry, notice o f the conclusion o f
the inquiry shall be given immediately to the consular authority o f the district
within which the injured workman was living at the time when the accident
occurred, in order that the said authority may take note o f the inquiry in the
interests o f the claimants.
A rt . 4. Employers and insurers in either country shall have the right to pay
installments o f benefit or compensation due through the agency o f the consular
authority, contemplated in the preceding article, o f the other country. The
said authority shall produce the papers o f identity and life certificates, and also
make provision for forw arding installments o f benefit or compensation to sub
jects o f his country residing within his district at the time o f the accident.
A rt . 5. The Italian National Accident Insurance Fund shall insure French
employers, on the model scale appended to this agreement, against their lia
bilities to representatives, not being resident in France, o f injured Italian w ork
men, if such employers desire to be relieved from the obligation o f making
inquiries and other similar proceedings.
The proper authorities o f the two countries shall revise this provisional scale
as soon as possible in the light o f statistical data to be collected hereafter.
A rt . 6. I f an employer or insurer has made provision with the French
National Old-Age Pensions Fund for pensions to Italian workmen or their
representatives, payment o f such pensions shall, at their request, be made to
them through the Italian National W orkmen’s Disablement and Old-Age Provi
dent Fund. In this case the French National Fund shall settle with the Italian
Fund by forwarding every quarter the amount o f the pension claims which
would have been payable in France.
In the case of benefits, the rate o f which is definitely fixed, the French
National Fund may settle with the Italian National Fund by depositing a capi
tal sum equivalent to the actuarial value o f the benefit in accordance with the
scale on which the same has been acqu ired; this deposit shall be devoted to the
purchase o f an annuity in accordance with the scale in force fo r the Italian
National Fund at the time.
A rt . 7. I f an employer or insurer has deposited w ith the Italian National
Provident Fund compensation due to French workmen, the fund shall, on appli
cation, forw ard to them by money order (mandat postal) the amounts which
would have been payable in Italy.
In the case o f benefits the rate o f which is definitely fixed, the fund may dis
charge its liabilities by depositing 'with the French National Pension Fund a
capital sum equivalent to the actuarial value o f the benefit in accordance with
the scale on wiiich the same has been acquired; this deposit shall be devoted
to the purchase o f an annuity in accordance with the scale in force fo r the
French National Fund at the time.
1 See pp. 146, 147.
143445°— 20— Bull. 268------ 12
178
SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
Compensation falling due fo r fatal accidents incurred by French workmen
in Italy may be deposited in the form o f a lump sum with the French Deposit
Fund (Caisse des depots et consignations), which shall hold the amount at the
disposal o f the interested parties on their claim being proved.
A rt . 8. The money orders, contemplated in the first paragraph o f article 7
and sums forwarded by the [French] National Pension Fund to the Italian Na
tional Provident Fund, or reciprocally, shall take the form o f office orders (man
dats d’office) under the conditions set forth in article 5 o f the agreement relating
to the transfer o f deposits between the ordinary savings banks o f the two
countries.
A rt . 9. The two national funds shall always reserve the right to amend their
respective scales in the future.
A rt . 10. Exemption from taxes and any financial advantages granted by
French law to documents which have to be presented in order to obtain com
pensation, shall apply equally in cases where the documents in question are
required fo r the payment o f compensation under Italian law, and vice versa.
A rt . 11. I f an Italian workman, not resident in France, fails to receive the
compensation to which he is entitled, and if he applies to the guaranty fund
established by French law, the duties devolving, in connection with such appli
c a tio n , upon the municipal authorities, shall be fulfilled, on his behalf, by the
Italian consular authorities in Paris, under conditions to be determined by the
authorities concerned in the tw o countries.
A rt . 12. Each o f the tw o contracting parties reserves the right, in the case
o f force majeure, or o f urgent circumstances, to suspend the terms o f this agree
ment, wholly or in part, in so fa r as it concerns the respective functions o f the
national funds o f the tw o countries. Notice o f suspension shall he given,
through diplomatic channels, to the proper authorities o f the other State.
The notice shall fix the date after which the regulations relating to the said
functions shall cease to have effect.
A rt . 13. The proper authorities o f the two countries shall agree together upon
the proofs to be furnished in the cases contemplated in articles 4, 5, 6, and 7,
and the conditions under which the said articles shall apply to injured w ork
men or their dependents not residing either in France or Italy.
They shall at the same time draw up detailed rules and regulations necessary
fo r the execution o f this agreement.
A rt . 14. This agreement shall come into force on a day to be agreed upon
by the two States after its promulgation in accordance with their respective
laws.
Except in the case contemplated in the convention o f April 15, 1904, this
agreement shall remain in force fo r five years. The two contracting parties
shall be mutually bound to give one year’s notice o f their intention to terminate
the agreement at the conclusion o f this period. In the absence o f such notice,
the agreement shall be renewed from year to year, fo r the term o f one year,
by tacit consent.
A rt . 15. I f one of the two contracting parties shall have announced its inten
tion o f withdrawing from the agreement, the agreement shall continue to have
fu ll force, as fa r as concerns the right o f ‘ injured persons or their representa
tives, against their employers in respect o f all accidents occurring before the
expiration o f the agreement. Notwithstanding, it shall cease to have effect on
its expiration as far as concerns the duties devolving upon the consular author
ities and the obligations or functions o f the national funds o f the two countries,
except as regards the settlement o f accounts then current, and the distribution
of annuities, the capital value o f which they may have received previously.
TREATIES A N D C O N TE N TIO N S.
179
S c h e d u l e .1
Annual reinsurance premium
[francs] on 1,000 francs
wages.
Industrial occupations in general__________________________________________
4. 98
M in es______________________________________________________________________ 12. 36
Q uarries___________________________________________________________________10. 02
Manufacture o f glass, ceramic goods, brick works________________________
3. 24
Manufacture o f glass______________________________________________________
1. 38
Manufacture o f ceramic goods____________________________________________
1. 32
Brick works_______________________________________________________________
4. G2
Iron and steel works______________________________________________________
3. 60
Metal works (other than iron and steel), scientific and musical instru
ment works______________________________________________________________
1.14
Metal works (other than iron and steel)_________ ,________________________
. 96
Scientific instrument works________________________________________________
1. 38
Musical instrument works_________________________________________________
. 78
Chemical industries___________________________________ _____________________ 4. 26
3. 30
Gas and water undertakings______________________________________________
Textile in du stry_____________ _____________________________________________
. 78
Flax, hemp, jute, and other fiber w orks-----------------------------------------------------1. 08
Silk w o rk s________________________________________________________________
. 30
Silk textile industry (excluding flax, hemp, jute, e tc .)___________________
.7 8
Textile industry (excluding s ilk )--------------------------------------------------------------.78
1. 62
Paper and typographical works___________________________________________
Manufacture and preparation o f paper------------------------------------------------------- 2. 46
M anufacture o f paper_____________________________________________________
4. 98
Preparation of paper______________________________________________________
. 54
Typographical w orks----------------------------------------------------------------------------------. 36
Leather and clothing industry____________________________________________
. 96
Leather works---------------------------------------------------------------------------------------------- 2. 46
Clothing w o rk s____________________________________________________________
. 42
W ood works-------------- *---------------------------------------------------------------------------------- 3. 06
Preparation o f articles o f food, slaughterhouses, preparation o f tobacco__
. 66
Preparation o f articles o f food ------------------------------ -------------------------------------- 1. 44
Slaughterhouses-----------------------------------------------------------------------------------------. 96
Preparation o f tobacco-------------------------------------------------------------------------------. 12
Mills, manufacture o f sugar, distilleries, breweries, and malting houses__6. 00
M ills_______________ :_______________________________________________________
7. 32
Manufacture of sugar---------------------------------------------------------------------------------- 5. 34
D istilleries--------------------------------------------------------------------------------------------------- 4. 62
Breweries and malting houses-------------------------------------------------------------------- 6. 06
Building operations------------------------------------------------------------------------------------- 6. 96
Special for chimney sweeping---------------------------------------------------------------------- 5. 82
State railw ays__1 An economic and legal classification peculiar to Ger-f 7. 92
Private railways [many, corresponding to the ordinary division o f indus-j 6. 54
Street railw ays. Itries into great, medium, and small.
I 4. 20
1 T he sch ed u le revised J u n e 4, 1 9 0 7 , is g iv en in p la ce o f th e one a tta ch ed to th e first
d r a ft of th e agreem ent. T h is sch ed ule c o n ta in s th e fo llo w in g n ote :
A s regards th e e x ecu tio n o f a r tic le 1 4, it is hereby agreed th a t a r tic le s 1, 2, and 3 sh a ll
com e in to force th ree m o n th s a fte r th eir p rom u lgation in b oth cou n tries.
A s regards a r tic le 1 0, i t is to be un d erstood th a t n e ith er c ou n try can be h eld bound
to m ake an y a d v a n ces in r esp e c t of c o sts in p roceedings or a p p lic a tio n s to be heard in
th e oth er country.
180
SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
Forwarding undertakings, warehousing.
Carting department warehouses________
C artage________________________________
N avigation :
Inland
S e a _____________________________
Naval adm inistration______________
M ilitary adm inistration____________
Posts and telegraphs administration.
9 .8 4
7. 26
1 4 .46
18.
80
34. 2 2
2. 94
1.20
4. 62
Convention Between France and Luxemburg Relating to Compensation fo r Inuries Resulting
from Industrial Accidents 1 (June 27, 1906).
A r t i c l e 1. Subjects o f the Grand Duchy o f Luxemburg meeting with indus
trial accidents in France, and likewise their dependents, shall enjoy the com
pensations and guaranties granted to French subjects by the legislation in
force relating to compensation fo r industrial accidents.
Reciprocally, French subjects meeting with industrial accidents in Luxem
burg, and likewise their ‘dependents, shall enjoy the compensation and guar
anties granted to subjects o f the Grand Duchy o f Luxemburg by the legislation
in force relating to compensation for industrial accidents.
A rt . 2. Notwithstanding, an exception to this rule shall be made if the per
sons in question were sent out o f their own country temporarily, and occupied
fo r less than the six months last past on the territory o f that one o f the two
contracting States where the accident occurred, but were taking part in an
undertaking established within the territory o f the other. In such case the
persons interested shall have a right only to the compensation and guaranties
provided by the legislation o f the latter State.
The same rule shall apply to persons attached to transport undertakings,
and employed intermittently, whether regularly or not, in the country other
than that where the undertaking is domiciled.
A rt . 3. The exemptions allowed as regards stamps, records, and registration
and the free delivery stipulated fo r by the legislation, o f the Grand Duchy,
relating to industrial accidents are hereby extended to proofs, certificates, and
documents contemplated by the legislation in question which have to be drawn
up and delivered in pursuance o f the French law.
Reciprocally, the exemptions allowed and free delivery stipulated fo r by the
French legislation are hereby extended to proofs, certificates and documents
contemplated by the legislation in question which have to be drawn up and
delivered in pursuance o f the law of the Grand Duchy o f Luxemburg.
A rt . 4. The French authorities and the authorities o f the Grand Duchy o f
Luxem burg shall lend each other mutual assistance with a view to facilitating
reciprocally the execution o f the law relating to industrial accidents.
A rt . 5. The present treaty shall be ratified and the ratifications exchanged
at Paris as soon as possible.
The treaty shall come into force in France and in the Grand Duchy o f Luxem
burg one month after it has been published in the two countries in accordance
w ith the form s prescribed by their respective laws.
It shall remain in force until the expiration o f one year from the day after
it shall have been denounced by one or other o f the contracting parties. In
testimony w hereof the respective plenipotentiaries have signed the present
treaty and affixed their seals thereto.
Drawn up in duplicate at Paris, June 27, 1906.
1 See p. 148.
TREATIES AND CONVENTIONS.
181
Treaty Between the German Empire and Netherlands Relating to Accident Insurance 1 (Aug.
27, 1907).
A rticle 1. Undertakings to which the accident insurance laws o f the two
contracting States apply and which are dom iciled within the territory o f one
State and carry on business also within the territory o f the other, shall, sub
ject to the exceptions contemplated in articles 2 and 3, be subject, in respect
o f business carried on within the territory o f either State, exclusively to the
accident insurance laws o f that State.
Where, in accordance with the preceding paragraph, an undertaking carry
ing on business outside the territory of one State is subject to the insurance
laws of the other, such undertaking shall be held to be an undertaking within the
meaning o f the said laws. Further regulations fo r the enforcement o f the
treaty shall be drawn up independently by each State according to the needs
of their respective systems of accident insurance.
In Germany the said regulations shall be drawn up by the Imperial Chan
cellor or an authority designated by him, and in the Netherlands by the de
partment having authority fo r the time being. The regulations so drawn up
shall be communicated to the two Governments.
A rt . 2. In the case o f transport undertakings carrying on operations across
the frontier, the accident insurance laws o f the country where the undertak
ing is domiciled shall alone apply in respect o f the traveling staff, regardless o f
the extent o f the operations carried on in the two respective countries. The
traveling staff shall remain subject to the said insurance laws also in respect
o f other classes o f employment carried on on behalf o f such transport under
takings outside their country o f domicile.
A rt . 3. Persons employed in a department o f any kind o f undertaking where
insurance is compulsory under the laws o f their own country, shall, on being
transferred to work in the other country, remain in respect o f all branches o f
their employment in the said country, for the first six months o f such employ
ment, subject exclusively to the accident insurance laws o f the country where
the firm is domiciled, provided that the rules contained in article 2 shall not
be affected thereby. I f the employment in the said country is interrupted for
a period not exceeding 30 days, such period shall be included in the six months’
limit. I f the period during which the employment is interrupted exceeds 30
days, the course o f the six months shall be held to be broken off, and, on the
resumption o f employment in the said country, a new term o f six months shall
be held to begin. In applying the preceding rules, account shall not be taken
o f any period before this treaty comes into force.
A rt . 4. W h ere the accident insurance law s o f one country are applicable, the
rules contained in such law s fo r proving claim s thereunder in respect o f acci
dents occurring outside the realm shall apply, by analogy, to compensation
claim s made in pursuance of the law s of the other country in respect o f an
accident occurring in such country.
A rt . 5. In administering the accident insurance laws the proper authorities
shall give each other mutual assistance in determining the facts o f any case.
Where, in dealing with an accident insurance case, the authorities o f one
country deem it necessary to procure the sworn depositions o f witnesses and
experts in the other country, a request to this effect duly submitted through
diplomatic channels shall be acceded to. The authorities instructed by the
Government o f the said country, or having jurisdiction without such instruc
tions, shall summon the witnesses or experts by official action, and, i f neces
1 See pp. 148; 149.
182
SU RVEY OP IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
sary, use such means o f compulsion as are prescribed in the case o f similar
proceedings in their own country.
Art. 6. Rules in force in one country relating to exemptions from stamp
insurance business shall apply by
such country of the accident insur
ance law s of the other.
duties and fees in the case of accident
analogy in respect of the administration in
A rt . 7. M anufacturers shall not be required to p a y higher contributions or
premiums in respect o f the accident insurance o f one country fo r the reason
that their undertakings are dom iciled in the other.
A rt . 8. The provision o f articles 4 to 7 shall apply to undertakings subject to
the accident insurance laws o f one o f the two countries, even in cases where
the conditions set forth in article 1 do not obtain.
A rt . 9. The terms o f this treaty shall apply by analogy to those officials of
the German Empire, o f a German Federated State, or o f a German group of
parishes (Kommunalverband) who are employed in undertakings in which in
surance is compulsory, but who are, notwithstanding, entitled to accident bene
fit within the meaning o f German legislation, instead o f being insured under
the German system o f accident insurance.
A rt . 10. Where, in administering the accident insurance laws o f one country,
it is necessary to calculate the value o f wages expressed in terms o f the cur
rency o f the other country, such conversion shall be affected by taking as a
general basis an average rate o f exchange, which shall be determined by each
o f the two Governments fo r the purposes o f the administration o f the law in
their respective countries, and which shall be communicated by each Govern
ment to the other.
A rt. 11. This treaty shall be ratified and the ratification exchanged as soon
as possible. The treaty shall come into force one month after the first day
o f the month follow ing the exchange o f ratifications.
Notice o f withdraw al from the treaty may be given by either party at any
time, and the treaty shall expire on the conclusion o f the calendar year next
follow ing such notice.
Liabilities in respect of accidents occurring before this treaty comes into
force shall continue thereafter to be fulfilled by the insurance institution
wherein the branch in question of the undertaking was formerly insured.
Similarly, on the expiration of this treaty, liabilities in respect of accidents
which occurred while the treaty was in force shall continue to be fulfilled by
the previous insurance institution.
In witness w hereof the plenipotentiaries have signed this treaty in dupli
cate and set their seal thereto.,
Supplementary Treaty Between the German Empire and Netherlands1 (May 30, 19 14).
( I ) The follow ing new section shall be inserted between Nos. 3 and 4 in the
treaty o f August 27, 1907, respecting accident insurance, concluded between the
German Empire and the N etherlands:
S ection 3a. Where, in pursuance o f Nos. 1 to 3, the undertakings there desig
nated are subject to the accident insurance [law ] o f one o f the parties to the
treaty, the persons employed in the undertakings shall be subject to the insurance
even if they do not reside in the territory o f the said party.
(I I ) The rule contained in tha new No. 3a, contemplated in ( I ) , shall
apply to accidents which happened before the coming into force o f the present
treaty, provided that no decision having the force o f law has been issued in
respect o f such accidents either before or on the day when the treaty comes
into force.
*See p. 149.
TREATIES AND CON VEN TION S.
183
(I I I )-T h is treaty shall be ratified by His M ajesty the German Em peror and
Her M ajesty the Queen o f the Netherlands, and the ratifications shall be ex
changed as soon as possible.
The treaty shall come into force on the fourteenth day after the exchange
o f ratification.
Convention Signed at Paris, Ju ly 3, 1909, Between France and the United Kingdom.1
A rticle 1. British subjects who meet with accidents arising out o f their em
ployment as workmen in France, and persons entitled to claim through or
having rights derivable from them, shall enjoy the benefits o f the compensa
tion and guaranties secured to French citizens by the legislation in force in
France in regard to the liability in respect o f such accidents.
Reciprocally, French citizens who meet with accidents arising out o f their
employment as workmen in the United Kingdom of Great Britain and Ireland,
and persons entitled to claim through or having rights derivable from them,
shall enjoy the benefits o f the compensation and guaranties secured to British
subjects by the legislation in force in the United Kingdom o f Great Britain
and Ireland in regard to compensation fo r such accidents, supplemented as
specified in article 5.
A rt . 2. Nevertheless, the present convention shall not apply to the case o f a
person engaged in a business having its headquarters in one o f the two con
tracting States, but tem porarily detached for employment in the other con
tracting State, and meeting with an accident in the course o f that employ
ment, if at the time o f the accident the said employment has lasted less than
six months. In this case the persons interested shall only be entitled to the
compensation and guaranties provided by the law o f the form er State.
The same rule shall apply in the case o f persons engaged in transport serv
ices and employed at intervals, whether regular or not, in the country other
than that in which the headquarters o f the business are established.
A rt . 3. The British and French authorities w ill reciprocally lend their good
offices to facilitate the administration o f their respective laws as aforesaid.
A rt . 4. The present convention shall be ratified, and the ratifications shall
be exchanged at Paris, as soon as possible.
It shall be applicable in France and in the United Kingdom o f Great Britain
and Ireland to all accidents happening after one month from the time o f its
publication in the two countries in the manner prescribed by their respective
laws, and it shall remain binding until the expiration o f one year from the
date on which it shall have been denounced by one or other o f the tw o con
tracting parties.
A rt . 5. Nevertheless, the ratification mentioned in the preceding article shall
not take place till the legislation at present in force in the United Kingdom o f
Great Britain and Ireland in regard to workmen’s compensation has been
supplemented, so far as concerns accidents to French citizens arising out o f
their employment as workmen, by arrangements to the follow ing effect:
(a) That the compensation payable shall in every case be fixed by an award
o f the county court.
( b) That in any case o f redemption o f weekly payments the total sum pay
able shall, provided it exceeds a sum equivalent to the capital value o f an
annuity o f £4 (100 fr .), be paid into court, to be employed in the purchase o f
an annuity fo r the benefit o f the person entitled thereto.
(c ) That in those cases in which a lump sum representing the compensa
tion payable shall have been paid by the employer into the county court, if the
1 See pp. 149, 150.
184
SURVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
injured workman returns to reside in France, or if the dependents resided in
France at the time o f his death or subsequently return to reside in France, the
total sum due to the injured workman or to his dependents shall be paid over
through the county court to the French National Old-Age Retirement Fund, who
shall employ it in the purchase o f an annuity according to its tariff at the time
o f the payment, and, further, that in the case in which a lump sum shall not have
been paid into court, and the injured workman returns to reside in France, the
compensation shall be remitted to him through the county court at such intervals
and in such way as may be agreed upon by the competent authorities o f the two
countries.
(d) That in respect o f all the acts done by the county court in pursuance
o f the legislation in regard to workmen’ s compensation, as w ell as in the
execution o f the present convention, French citizens shall be exempt from all
expenses and fees.
(e) That at the beginning o f each year H is M ajesty’ s principal Secretary o f
State for the Home Department w ill send to the Ministry o f Labor and Social
W elfare a record o f all judicial decisions given in the course o f the preceding
year under the legislation in regard to workmen’s compensation in the case o f
French citizens injured by accident in the United Kingdom o f Great Britain and
Ireland.
Arrangements Made Between the British Secretary of State for the Home Department and
the French Ministry of Labor Respecting the Application of Article 5 of the Anglo-French
Convention Agreed to at Paris on Ju ly 3, 1909 (Nor. 22, 1910).
In pursuance o f article 6 of the order in council o f November 22, 1909, made
under the W orkm en’s Compensation (Anglo-French Convention) Act, 1909, to
give effect to the convention between the United Kingdom and France in re
gard to compensation to workmen for accidents arising out o f their employ
ment, the follow ing arrangements have been made between the Secretary o f
State fo r the Home Department and the French Ministry o f L ab or:
(1) The payments o f compensation (in accordance with the provisions of
paragraph (c ) o f article 5 o f the convention) in the case o f a workman .in re
ceipt o f weekly payments who returns to reside in France shall be made every
three months.
(2) An injured workman returning to reside in France must give previous
notice to the registrar o f the county court which awarded compensation (in
Scotland to the sheriff clerk and in Ireland to the clerk o f the Crown and
peace), in order that the court may—
(a) Furnish him with a medical certificate specifying the nature o f the
incapacity o f the workman resulting from the injury, and
(&) Determine, after hearing the parties, the intervals at which the work
man shall be bound to produce, in support of the demand for payment o f com
pensation due, a medical certificate that the incapacity resulting from the
injury continues. These certificates shall be required at such intervals, not
being less than 3 months, nor more than 12, as the county court (in Scotland
the sheriff court) may determine, having regard to the nature o f the incapacity.
(3) For the purpose o f obtaining payment of compensation, an injured w ork
man who has returned to reside in France shall obtain, every three months,
from the mayor o f the commune in which he resides, a certificate 1 that he is
alive, and, at intervals, fixed by the county court (or sheriff court) a medical
certificate1 from a doctor employed in an official capacity in the Department,
1 I t has been arranged that the certificates shall be authenticated by a vis€ of the prefectorial administration attesting the official status ©f the mayor and the doctor, re
spectively.
TREATIES AND CONVENTIONS.
185
to the effect that the incapacity specified in the medical certificate furnished
to the workman by the county court (or sheriff court) continues.
In the event o f the death o f the workman the persons entitled to receive
payment o f the compensation due at the time o f death shall furnish with their
demand for payment a certificate o f the workman’s death and documents show
ing that they are entitled to receive payment.
(4)
The documents specified in the preceding clause shall be forw arded with
the demand fo r payment to the French consular authority fo r the district in
w hich the county court (or sheriff court) which made the award is situated.
The French consular authority shall take steps to forw ard the documents to
the registrar o f the county court (in Scotland to the sheriff clerk and in Ire
land to the clerk o f the Crown and peace), and to obtain payment o f the
amounts due. The consular authority shall be paid the amounts due without
charge, and shall forw ard them to the persons entitled thereto.
Agreement Between Hungary and Italy Respecting Accident Insurance1 (Sept. 19, 1909).
S e c t i o n 1. Workmen and employees, being Hungarian subjects, who meet
with accidents in occupations for which insurance is compulsory under the
Italian act, No. 51, dated January 31, 1904 (codified tex t), and any later acts
amending same, together with their dependents entitled to compensation, shall
have a claim to the same treatment and compensation as Italian subjects
under the said Italian act (codified text) and any later acts amending the
same. On the other hand, workmen and employees, being Italian subjects who
meet with accidents in occupations for which insurance is compulsory under
the Hungarian act No. 19 o f 1907, and any later acts amending the same, to
gether with their dependents entitled to compensation, shall have a claim to
the same treatment and compensation as that granted to Hungarian subjects
for industrial accidents by the Hungarian act No. 19 o f 1907, and any later
acts amending the same.
The mutual right contemplated in the preceding paragraph shall extend also
to workmen and employees employed in occupations for which insurance is
compulsory, by firms being domiciled or having permanent representation
within the territory o f one o f the two States, who meet with industrial acci
dents when working outside the territory o f both, unless the industrial acci
dents legislation in force in the State where the accident occurs applies to
such workmen or employees.
Similarly, dependents o f any such persons having met with an industrial
accident shall have a claim to compensation even if at the time o f the accident
they were not within the territory of that one o f the tw o States where the
accident occurred.
In addition, compensation shall be paid to workmen or employees having
met with industrial accidents who, after the s a il accident, return and live
permanently in their own country.
The dependents o f a workman or employee having met with an industrial
accident shall receive compensation even if they have never resided within the
territory o f the State where the accident occurred, or if after residing there
they betake themselves permanently to a foreign country.
S e c . 2. The proper authorities o f one o f the two States having in hand the
investigation o f an industrial accident sustained by a workman or employee
belonging to the other State, shall forw ard a copy o f the report on the investi
gation within eight days o f the issue o f the same to the proper consular
authority o f the place where the accident occurred.
» See pp. 150, 151.
186
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
S ec . 3. At the request o f the Italian consular authorities the proper Hun
garian authorities shall lend their assistance in determining whether in the
case o f a person residing in Hungary the conditions attached to the receipt of
an annuity are satisfied, or whether any changes have been introduced likely
to affect the amount o f the compensation payable. The same shall apply on
the other hand to Italian authorities in the event o f a similar request on the
part o f the Austro-Hungarian consular authorities.
S ec . 4. Hungarian subjects awarded compensation in pursuance o f section 1 o f
this agreement shall, if they are not resident in Italy, be bound to observe the
regulations for such cases issued by the Italian institution concerned, and
vice versa.
S ec . 5. A Hungarian institution which, in pursuance o f Hungarian law, is
required to pay an annuity to an Italian subject resident in Italy may relieve
itself o f its abligation by paying to the proper Italian institution the capital
corresponding to the annuity in question in accordance w ith the tariff o f the
latter in force at the time the payment is made. In such case the said Italian
institution shall take over the payment o f the annuity subject to such condi
tions and regulations as may be adopted in agreement with the Hungarian
institution concerned. On the other hand, an Italian institution which, in
pursuance o f the Italian act, is required to pay an annuity to a Hungarian
subject resident in Hungary, may relieve itself o f its obligations by paying to
the Hungarian institution concerned the capital corresponding to the annuity
in question in accordance w ith the tariff o f the latter institution in force at
the time when the payment is made. In such case the said Hungarian institu
tion shall take over the payment o f the annuity subject to such conditions and
regulations as may be adopted in agreement with the Italian institution con
cerned.
The Hungarian institution concerned may, in addition, charge the proper
Italian institution to pay out in its stead, to Italian subjects resident in
Italy, annuities payable under the Hungarian act, and vice versa. Such pay
ments shall be made subject to such conditions and regulations as may be
mutually agreed upon by the tw o institutions.
Agreements may also be come to by the Hungarian and Italian institutions
concerned in reference to financial transactions carried on by post in connec
tion with the payment o f compensation.
S ec . 6. The Hungarian and Italian institutions concerned shall have power
to vary the rules contained in section 4. They may also vary the tariffs con
templated in section 5 o f the agreement, provided only that equality in the
treatment o f the subjects o f the tw o States shall be maintained.
S ec . 7. In the preceding articles the Hungarian institution concerned shall
mean the “ National Institution fo r the Maintenance o f Invalid W orkmen and
for Insurance against A ccid e n t” (Orsz&gos Munk&sbetegseg61yzo 6s Balesetbiztositft P§nzt&r) o f Budapest or o f Zagrabria, according as the injured
person belongs to the one or the other, and the Italian institution concerned
shall mean the “ Italian National W orkmen’s Invalidity and Old-Age Insur
ance In stitu tion ” (Cassa Nazionale italiana di previdenza per la invalidity e
per la vecchiaia degli operai).
S ec . 8. Any exemptions from taxes and fees and any other fiscal exemptions
allowed by the laws of either o f the two States in the case o f documents re
lating to the drawing o f compensation shall apply equally in cases where such
documents are used in the other State fo r the drawing o f compensation in
pursuance o f the laws there in force.
TREATIES AND CO N VEN TIO N S.
187
Sec. 9. Disputes which arise between the tw o States respecting the interpre
tation and application o f this agreement shall be referred to arbitration on
the demand o f one o f the tw o States.
For every such dispute a court o f arbitration shall be instituted as fo llo w s :
Each o f the tw o States shall name two suitable persons, being its own sub
jects, as arbitrators; these shall agree amongst themselves as to the choice o f
a president belonging to a third friendly State. The tw o States reserve to
themselves the right o f nominating in advance and fo r a definite term the
person who shall act as president in the ending o f any dispute.
The court o f arbitration shall sit on the first occasion within the territory of
the State chosen by agreement for the pu rpose; on the second occasion within
the territory o f the other, and so on, alternately in one or the other State.
The State where the court is to sit shall determine the place where the sitting
shall be held, and shall make arrangements fo r the rooms, employees, and
attendants necessary in connection with the work o f the court. The president
shall preside in the cojirt. Resolutions shall be adopted by a m ajority. The
two States shall agree in each separate case or once for all upon the procedure
to be observed by the court. In the absence o f any such agreement the court
shall adopt its own procedure. The proceedings may, if neither of the two
States objects, be carried on in writing. In this case the provisions o f the
preceding paragraph may be varied.
As regards the serving o f the summonses to appear before the court o f arbi
tration and letters o f request, the authorities o f either State shall, on the ap
plication in that behalf o f the court to the Government concerned, lend their
assistance in the same manner as they are in the habit o f doing on the ap
plication o f the civil courts o f the country.
Sec. 10. Tljis agreement shall come into force thirty days after the exchange
o f ratifications and shall remain in force for at least seven years. On the
conclusion o f this term the agreement may be set aside after notice at any
tim e; notwithstanding, it shall remain in force after such notice until Decem
ber 31 o f the year follow ing that when the notice w as given.
Even after the said notice has been given this agreement shall continue to
apply without lim itation to the claims o f injured persons and their depend
ents to whom compensation is due from the institutions named in this agree
ment in respect o f industrial accidents occurring not later than December 31
in the year follow ing that on which notice was given.
On the said date the pow er given to consular authorities and the rights and
duties o f the institutions in their mutual relations under this agreement shall
cease, except as regards the settlement o f accounts outstanding between the
institutions at the time and the payment o f all those annuities for which they
have been paid the capital value in advance.
Sec. 11. The provisions o f sections 1 to 8 o f this agreement shall apply retro
spectively back to July 1, 1908.
Sb;c. 12. This agreement shall be ratified and the ratifications shall be ex
changed at Rome as soon as possible.
Agreement Concluded on June 10, 1910, Between France and Italy Relating to the Protection
of Young Persons of French Nationality Employed in Italy and of Young Persons of
Italian Nationality Employed in France.1
S e c t io n 1. The provisions o f the agreement are concerned with the provisions
o f the French act o f November 2, 1892, on the one hand, and with the provisions
o f the Italian act o f November 10, 1907 (codified text.), on the other hand, and
» See pp. 151-153.
188
SURVEY OF IN T E R N A T IO N A L ACTION A FF E C TIN G LABOR.
their object is better to secure the protection o f young people o f Italian nation
ality in France and o f young people o f French nationality in Italy.
Except in so fa r as concerns the alternative elementary school certificate
contemplated in section 4, and regardless o f the special penalties hereinafter
provided, all the provisions o f the aforesaid French act and, in particular, the
provisions relating to age and penalties shall apply to young persons o f Italian
nationality employed in France. Reciprocally, the provisions o f the aforesaid
Italian act shall apply to young persons o f French nationality employed in Italy.
S e c . 2. In order to obtain an employment book contemplated in the acts o f
November 2, 1892, and November 10, 1907, or in any subsequent enactments
regulating the granting o f employment books in either country, young persons
o f Italian nationality in France and young persons o f French nationality in
Italy must produce to the communal authority a certificate conform able to the
prescribed model (Schedule A ) issued by the consul concerned. Notwithstand
ing, such certificate shall not be required in the case o f young persons o f Italian
nationality whose birth is registered in the French civil registers, nor in the
case o f young persons o f French nationality whose birth is registered in the
Italian civil registers.
Both in France and Italy it shall be unlaw ful for a mayor to issue an employ
ment book, unless the consul’s certificate is produced to him, bearing a photo
graph o f the owner o f the certificate stamped on the certificate itself by the
consul, or signed by the owner o f the certificate in the presence o f the consul.
The mayor shall attest the certificate, seal it with the communal seal, and attach
it to the employment book as an integral part o f the same.
Every consul shall keep a register o f the consular certificates issued by him,
showing the forenames, surname, sex, age, and place o f birth o f each young
person concerned, and the date when and the grounds on which the certificate
was issued. Every consul shall, at the end o f each year, send in to the French
ambassador at Rome or the Italian ambassador at Paris, as the case may be,
statistics of, and a report on, the certificates entered in the register. The
ambassadors shall forw ard the documents in question to the authorities con
cerned in their respective countries.
Every mayor shall keep a register o f the employment books issued by him,
showing the forenames, surname, sex, and age o f each young person concerned,
the date o f the consular certificate, and the date when the employment books
were issued.
S e c . 3. In order to obtain a consular certificate, a young person must come
before the consul, accompanied by his father, mother, or guardian, and must
produce his employment book obtained in his country o f origin.
He may also be accompanied by any other relative o f fu ll age or by the person
who desires to employ him. Notwithstanding, in either case if he has not yet
completed the fifteenth year o f his age, he must produce a document, duly legal
ized, giving the consent o f the person who possesses legal authority over him.
The document in question shall be deposited at the consulate.
In the event o f the young person being unable to produce an employment
book issued to him in his country o f origin, he may instead produce his birth
certificate or a certificate o f birth conformable to the prescribed model (Sched
ule B ) and a certificate o f identity attested by tw o o f his compatriots known
to the consul. Nothing in this paragraph shall affect any written consent con
templated in the foregoing paragraph.
S e c . 4. W ith regard to the employment in France o f children between 12
and 13 years o f age, the, certificate prescribed in the Italian act o f July 15, 1877
(No. 3961), may be produced in lieu o f the elementary school certificate pre
189
TREATIES AND CO NVENTIO NS.
scribed in the French act o f March 28, 1882. Similarly, in the case o f French
children between 12 and 13 years o f age employed in Italy, the certificate pre
scribed in the French act may be produced in lieu o f the certificate prescribed
in the Italian act. Such certificates shall not be required in the case o f young
persons o f Italian nationality in France or young persons o f French nationality
in Italy who have completed the thirteenth year o f their age.
In order to make use in France o f an Italian school certificate a young person
must produce it to the Italian consul, in addition to the documents specified
above in section 3, and a note to that effect shall be entered in the consular
certificate (Schedule A ). Reciprocally, the same form alities shall be complied
with in Italy when it is desired to make use o f a French certificate.
S e c . 5. T h e
d o c u m e n ts
in
p u r su a n c e
of
w h ic h
th e
c o n s u la r
c e rtifica te
is
g r a n te d , a n d w h ic h a r e re tu r n a b le to th e p e rso n s con ce rn e d , s h a ll be s ta m p e d
by th e c o n su l w ith a sp e c ia l sta m p
(in k s t a m p ) , s ta tin g th a t th e y h a v e been
u se d to o b ta in a c e rtifica te a u th o r iz in g th e ir o w n e r to c o m m e n c e w o rk .
Sec. 6. Consular certificates (Schedule A ), certificates o f birth (Schedule B ) ,
and documents giving the consent o f the parents, shall be exempt from all duties
and fees, conform ably to the provisions o f the law o f both countries respecting
employment books and the documents required in order to obtain the same.
The preparation o f documents and all official transactions, correspondence,
or legalization o f documents, incumbent upon the consular authorities in pur
suance o f this agreement, shall be undertaken without any charge to the young
persons o f Italian or French nationality concerned.
S e c . 7. The employer shall preserve the employment book during the whole
continuance o f the employment o f the young person in question, and it shall
be returnable on the termination o f his employment.
The labor inspectors and the representatives o f the judicial police shall,
when visiting industrial establishments, examine all employment books and
consular certificates, and shall confiscate any which are found to have been
issued in an irregular manner, or to be in the possession o f any young person
other than the persons in respect of whom they were issued.
Notice o f confiscation conformable to Schedule C shall be sent within three
days to the prefect, who, within the same term, shall forw ard the notice to the
consul in whose jurisdiction the commune in which the employment book was
confiscated is situate. The consul shall send a copy o f this notice, together with
a letter conformable to Schedule D, to all Ms Italian colleagues in France or his
French colleagues in Italy, in order that they may be kept informed, in case
o f need, of the confiscation o f employment books and certificates. Every con
sul or consular agent shall keep a register of confiscated employment books and
certificates.
Persons found to have falsified, altered, transferred, or unlawfully made use
o f an employment book shall be dealt with by the judicial authorities.
S e c . 8. Employment in unhealthy and dangerous trades shall be regulated
by the law in force in the country where the work is performed. In the case
o f glass and crystal works, dangerous and unhealthy operations which, at the
date o f the signing o f this agreement, may not law fully be perform ed by young
persons in Italy, shall not be law fully perform ed by young persons in France,
and reciprocally.
In view o f the fact that the age o f protected persons is not identical under
the French act o f November 2, 1892, and the Italian act o f November 10, 1907,
the decrees issued in both countries in pursuance o f their respective acts shall
specify the age o f persons whom it shall not be law ful to employ in the opera
tions in question.
190
SU RVEY OF IN TE R N A TIO N A L ACTION A FFECTIN G LABOR.
The two Governments shall use their best endeavors to introduce uniform ity
in the age o f protected persons by means o f internal regulation. W ith this
object they shall, if necessary, promote an international agreement within the
meaning o f section 3 o f the convention o f April 15, 1904.
S e c . 9. The tw o Governments shall organize in the large industrial centers
protection committees, whose services shall be gratuitous, and which shall, as
fa r as possible, be composed o f compatriots o f the young persons in question.
The subprefect, or a prefectorial councilor, the mayor o f the commune where
the committee acts, and the labor inspector o f the commune on the one hand,
and the consul on the other, shall be ex officio members o f the committee.
W ithin six months after the ratification o f this agreement at least one
committee shall be constituted in every French district ( arrondissem ent) where
more than 50 young persons o f Italian nationality are employed.
These committees shall supervise:
■(1) The strict enforcement o f the laws and orders relating to the employ
ment o f young persons o f Italian or French nationality. For this purpose they
shall inform the labor inspectors o f all contraventions o f which they become
aware, and, in particular, o f cases where young persons are employed in work
beyond their strength.
(2) The strict observance in France o f the requirements respecting the grant
ing o f certificates o f fitness contemplated in section 2, paragraphs 3, 4, and 5
o f the act o f November 2, 1892; in Italy, o f the requirements respecting medical
certificates contemplated in section 2 o f the act o f November 10, 1907, and
respecting the conditions fo r the recognition o f fitness prescribed by order in
pursuance o f the said act.
(3) The application to children o f Italian nationality and their relations o f
the provisions o f the French act o f March 28, 1882, respecting compulsory ele
mentary education, and the application to children o f French nationality and
their relations o f the provisions o f the Italian act o f July 15, 1877.
The committees, with the assistance o f the authority concerned, and subject
to the requirements o f the law o f the country in question, shall also see that
young persons lodged elsewhere than w ith their fam ilies "a re properly and
humanely treated, and that all hygienic and moral requirements are observed
in their case. In cases where the conditions o f feeding, clothing, or housing
are found to be defective, and in case o f rough or bad treatment, the commit
tees shall put the matter before the local authorities, who shall act according
to the circumstances o f the case.
Finally, these committees may, when necessary, extend their protection to all
Italian workmen in France and to all French workmen in Italy, irrespective
o f age.
S e c . 10. The authorities concerned in both countries shall issue simultane
ously the orders and regulations which they may consider necessary fo r the
execution o f this agreement.
S e c . 11. It is understood that consular agents may undertake all the opera
tions intrusted to consuls in pursuance o f this agreement.
S e c . 12. This agreement shall in both countries be submitted to Parliament
fo r approval. It shall be ratified and come into operation one month after the
exchange o f ratifications, which shall take place at Paris. It shall remain in
force fo r five years, and i f it is not denounced six months before the conclusion
o f this period it shall be renewed for another period o f five years, and so on
thereafter.
TREATIES AND CO N VEN TIO N S.
191
Treaty of Commmerce and Navigation Between the German Empire and Sweden 1 (May 2 ,1911).
The contracting parties undertake to examine by amicable arrangement the
question o f the treatment o f Swedish workers in Germany and German work
ers in Sweden in respect o f workmen’s insurance, with the object o f securing
to the workmen o f either country, in the other, by means o f agreements
adapted to that end, treatment which gives them as fa r as possible equal
advantages.
Such arrangements shall be made by special agreement, and quite apart
from the coming into force o f the present treaty.
Treaty of Arbitration Between France and Denmark2 (Aug. 9, 1911).
A r t ic l e I. Differences o f a judicial character, and especially those relating
to the interpretation o f the treaties existing between the tw o contracting
parties, which might hereafter arise between them, and which it has been
found impossible to arrange by diplomatic methods, shall be submitted to
arbitration under the terms o f the convention for the pacific settlement o f
international disputes, signed at The Hague on October 18, 1907, subject in
all cases to the condition that they do not affect the vital interests, the in
dependence, or the honor o f either the contracting States, and that they do
not touch the interests o f other powers.
A r t . II. Differences relating to the follow ing questions shall be submitted to
arbitration without the pow er to appeal to the reservation* mentioned in
article I :
(1) Pecuniary claim s under the head of damages, where the question o f in
demnity is recognized by both parties.
(2) Debts arising from contracts claimed from the Government o f either of
the parties by the Government o f the other party as being due to the subjects
o f the respective State.
(3) Interpretation and application o f the stipulations o f the convention re
lating to trade and navigation.
(4) Interpretation and application o f the stipulations o f the convention re
lating to the matters hereunder indicated :
Industrial property, literary and artistic property, international private
right as regulated by The Hague conventions, international protection of
workers, posts and telegraphs, weights and measures, sanitary questions, sub
marine cables, fisheries, measurement o f ships, white-slave trade.
In differences relating to the matters contemplated under No. (4 ) o f the pres
ent article, and with regard to which, according to the territorial law, the
judicial authority would be competent, the contracting parties shall be under
the obligation o f nQt submitting the question in dispute to arbitration until
after the national jurisdiction shall have been definitely pronounced.
Arbitration judgments given in the cases contemplated in the preceding
paragraph shall have no effect on previous judicial decisions.
The contracting parties engage to take, or, i f occasion requires, to propose
to the legislative power the necessary measures in order that the interpreta
tion given in the arbitration judgment in the cases above contemplated may
be adopted thereafter by their tribunals.
A r t . III. In each particular case the high contracting party shall sign a spe
cial engagement stating clearly the subject o f the dispute, the scope of the
power o f the arbitrators, the procedure, and the delays to be observed as re
gards the operations o f the arbitration tribunal.
1 See ante, p. 153.
* See ante, pp. 153, 154.
192
-
SURVEY OF INTERNATIONAL ACTION AFFECTING* LABOR.
The contracting parties shall agree to invest the arbitration tribunal con
templated in the present convention with the power o f deciding, in the event
o f disagreement between them, as to whether a dispute which has arisen
between them «shall come under the heading o f disputes to be submitted to
compulsory arbitration, in conform ity with articles 1 and 2 o f the present
convention.
A r t . IV. If, within the year follow ing the notification by that party most
desirous for a compromise, the high contracting parties should not succeed in
coming to an understanding on the measures to be taken, the permanent court
shall be competent to establish the compromise. It may take cognizance o f the
matter by request o f a single one o f the parties.
The compromise shall be decided in conform ity with the provisions o f articles
54 and 55 o f The Hague convention for the pacific regulation o f international
disputes, dated October 18, 1907.
A r t . V. The present convention shall continue fo r a term o f five years, with
power of tacit continuance fo r successive terms o f five years, from the time
o f exchanging the ratifications.
A r t . VI. The present convention shall be ratified as soon as possible, and
the ratification shall be exchanged at Copenhagen.
Convention Between the German Empire and Belgium in Regard to Insurance Against Industrial
Accidents1 (July 6, 1912).
I .— R e g u l a t io n s
in
R eg ar d
E x t e n d s O ver
to
the
U
n d e r t a k in g s
T e r r it o r y
of
w h ose
Sphere
of
O p e r a t io n s
B o t h C o u n t r ie s .
A r t ic l e 1. In regard to undertakings which have their headquarters within
the territory o f one o f the contracting parties and whose sphere o f operations
extends over the territory o f the other party, whenever these are subjected on
both sides to the regulations o f compulsory compensation fo r injuries result
ing from industrial accidents (insurance against industrial accidents) saving
those exceptions mentioned in articles 2 and 4, the legislation o f the country
in which they are carried out shall be exclusively applied, as fa r as the said
operations are concerned.
This rule shall apply, regardless of the place at which the staff w as engaged,
provided that the matter deals with work to be carried out either in Germany
or in Belgium.
A r t . 2. As regards any undertakings which are financed either by the Ger
man Empire, a Federated German State, a German commune, or an associa
tion o f German communes, or by the Belgian State, a Belgian Province, a Bel
gian commune, or an association o f Belgian communes or Provinces, the legis
lation o f the country in which the undertaking has its headquarters shall be
exclusively applicable, even to operations undertaken on the territory o f the
other country by a public representative in the employ o f the said undertaking.
A r t . 3. In transport undertakings, as fa r as the moving (traveling) portions
o f the undertaking are concerned, which extend from one territory to another,
whatever may be the relative importance o f the operations carried out on
either side, that legislation shall be exclusively applied which is in force in
the country in which the undertaking has its headquarters. The staff o f the
traveling part shall remain subject to this legislation, even should they be en
gaged on work connected with other departments o f the undertaking which are
carried out on the territory o f the other country.
A r t . 4. W ithout prejudice to the regulations o f articles 2 and 3, in under
takings-of all kinds, the legislation o f that country in which the undertaking
* See pp. 155, 156.
193
TREATIES AND CONVENTIONS.
has its headquarters shall continue to apply exclusively fo r the first six
months during which the undertaking carries out operations on the territory
o f the other country, as far as concerns those persons who, until they were
occupied in this latter country, were attached to a portion o f the undertaking
subjected to the said legislation.
A r t . 5. F o r th e p u rp o se o f c a lc u la tin g th e tim e lim it d u r in g w h ic h th e u n d e r
ta k in g c a r r ie s o u t o p e r a tio n s o u tsid e th e c o u n tr y in w h ic h
a r e fo u n d
( a r t. 4 )
it s h e a d q u a r te r s
s e v e r a l o p e r a tio n s u n d e r ta k e n c o n c u r r e n tly m u s t be c o n
s id e r e d a s fo r m in g o n ly on e a n d th e sa m e w o rk , w h ic h e x te n d s fr o m th e c o m
m e n ce m e n t o f th e first o f th e se p o r tio n s u n til th e c o m p le tio n o f th e la s t.
The same rule shall apply should it be a question o f works undertaken suc
cessively, one after the other, and which are not separated by an interval of
more than 30 days. Should the interval be over 30 days, a fresh time limit of
six months shall commence from the resumption o f operations.
The time previous to the coming into force o f the present convention shall
be included in the time limit.
A r t . 6. If, in pursuance o f articles 1 and 4, an undertaking whose head
quarters are in one o f the countries should be subjected to the legislation o f
the other country, as fa r as the business carried out on the territory o f the
latter is concerned, the work included in this business shall be considered as
an undertaking in the sense of the said legislation.
A r t . 7. W h e n e v e r , in on e o f th e c o u n trie s, g r a n ts h a v e been a llo w e d by w a y
o f le g a l in d e m n ity , re la tiv e to a n ac c id e n t, th e c o n se q u e n ce s o f w h ic h , in v ir tu e
o f th e p re se n t c o n v en tio n , m u st be co m p e n sa te d f o r a c c o rd in g to th e le g is la t io n
o f th e o th e r c o u n try , th e p a r ty lia b le sh a ll be b o u n d to
re im b u rse th e s a id
g r a n ts , se ttin g th e m o ff a g a in s t th e in d e m n ity w h ic h is d u e fr o m h im .
A r t . 8. W h e n e v e r a n a c c id e n t w h ic h h a s ta k e n p la c e on th e te r r ito r y o f on e
o f th e c o u n trie s c o m es u n d er th e a p p lic a tio n o f th e le g is la t io n r e la tiv e to c o m
p e n sa tio n f o r in ju r ie s re su ltin g fr o m in d u s tr ia l a c c id e n ts o f th e o th e r c o u n try ,
th a t le g is la t io n
s h a ll a p p ly , lik e w is e a s f a r a s a c tio n s f o r c iv il lia b ilit y a r e
con c e rn e d , to w h ic h th e a c c id e n t m a y g iv e rise, a c c o rd in g to th e le g is la t io n o f
th e first c o u n try .
This rule shall apply even when an undertaking is only subjected in one o f
the two countries to the laws o f compulsory compensation for injuries result
ing from industrial accidents.
I I . — R e g u l a t io n s i n
p e n s a t io n
for
R e g a r d t o R e c ip r o c a l R e l a t io n s i n
the
M a tte r of C o m
I n j u r ie s R e s u l t in g f r o m I n d u s t r ia l A c c id e n t s i n G e n e r a l .
A r t . 9. In order to facilitate on either side the carrying out o f the legisla
tion relative to industrial accidents, the competent administrative and judicial
authorities shall give each other mutual assistance and shall lend each other
judicial assistance according to the regulations in force in civil and commer
cial matters. In urgent cases the authorities shall even give, officially, the
necessary means o f inform ation as if it were a question o f carrying out their
national law.
A r t . 10. The provisions in force in one o f the countries according to which
exemptions from stamp and other fiscal duties or advantages o f another class
may be accorded in regard to industrial accidents, shall apply whenever it is a
case o f carrying out in the said country the legislation o f the other country.
A r t . 11. Whenever the party to whom the indemnity is due does not reside
in the country o f the party who is liable to pay the indemnity, but comes from
the other country, the party liable may legally make payments to the consular
143445°— 20— Bull. 268------ 13
194
SURVEY OP INTERNATIONAL ACTION AFFECTING LABOR.
authority o f the country o f the creditor, in the district in w hich the said
debtor lives or where the headquarters o f his business are situated.
The consular authority must act as intermediary for the communication of
the necessary certificates (life certificate, widowhood certificate, etc.).
A r t . 12. As fa r as the questions mentioned in article 2 are concerned the ter
ritorial spheres and districts o f the consular authorities shall be fixed by an
arrangement to be concluded between the two Governments.
A r t . 13. In the application o f legislation in regard to industrial accidents o f
one o f the countries, whenever it may be necessary to express the value o f
remuneration fo r work in coinage of the other country, the conversion shall
take place on a basis o f a mean value determined by each o f the tw o Govern
ments fo r the application o f its legislation, which inform ation it shall cause
to be transmitted to the other Government.
A r t . 14. The system o f insurance adopted for the German officials, instead
of insurance against accidents, shall be assimilated to the said insurance as
fa r as the present convention is concerned.
I I I .— T em po rary
R e g u l a t io n s
and
F in a l
R e g u l a t io n s .
A r^. 15. The obligations resulting from accidents which took place previous
to the coming into force o f the present convention shall remain, even in the
future, at the charge o f the person previously liable.
A r t . 16. The regulations relative to the carrying out o f the present conven
tion shall be decreed by each o f the contracting parties, in their respective
autonomy, as far as it may be necessary in regard to their jurisdiction, namely,
in Germany by the Chancellor o f the Empire or by the authority which he
shall appoint, in Belgium, by the competent authority according to the cir
cumstances. The tw o Governments shall communicate to each other the regu
lations thus made.
A r t . 17. The present convention shall be ratified by H is M ajesty the German
Em peror and by H is M ajesty the King o f the Belgians, and the ratifications
shall be interchanged as soon as possible.
The convention shall come into force on February 1, 1913. It may be de
nounced at any time by the tw o parties, and it shall cease at the expiration of
the year follow ing the denunciation.
In the event o f the denouncing o f the present convention the obligations re
sulting from accidents which have taken place whilst the convention was
still in force shall continue to be carried out by the parties previously liable.
Convention Between the German Empire and the Kingdom of Italy W ith Respect to Workmen’s
Insurance1 (July 31, 1912).
P art
I .— A c c id e n t
I n su ran ce.
A r t i c l e 1. The tw o contracting parties place the subjects o f their respective
countries and their survivors on an equal footing with the subjects o f the
other country and their survivors with respect to benefits derived from the
German industrial accident insurance and the German seamen’s accident in
surance on the one hand and from the Italian accident insurance on the other
hand.
This condition shall hold good for the Italian accident insurance o f agricul
tural laborers only if the latter are subject to the accident insurance according
to the Italian act dated January 31, 1904, now in force.
1 See pp. 156-158.
TREATIES AND CO N VEN TION S.
195
Art. 2. The principle o f equality o f rights (sec. 1) shall not exclude a pay
ment being made, in the place o f an annuity, o f three times the amount o f the
annuity, with the consent o f the person entitled thereto, or o f a capital sum
corresponding to the value o f the annuity, without the consent o f the person
entitled thereto.
In the German accident insurance the general regulations issued by the
Federal Council shall apply for the calculation o f the corresponding capital
value.
In the Italian accident insurance the general regulations which hold good
for the conversion o f the capital amount o f compensation into an annuity shall
apply.
P art
II.— I n v a l i d i t y ,
O l d - A ge ,
and
S u r v iv o r s ’ I n s u r a n c e .
A r t . 3 . .The same contributions to the German invalidity and survivors’ in
surance shall be paid for Italian subjects as fo r German subjects, even if the
form er are enrolled as members of the National W orkmen’s Provident Fund
for Invalidity and Old Age (Cassa nazionale di previdenza per la invalidity
e per la vecchiaia degli operai), or o f the Mercantile Marine Invalidity Fund
(Cassa invalidi della marina m ercantile).
I f an Italian subject is enrolled as member o f one o f the said funds, the in
surer o f the German invalidity and survivors’ insurance shall, upon request
o f the former, pay over to the National Provident Fund h alf the amounts,
which are used for him, after the application has been made, as contributions
o f the Italian subject to the fund in which he is enrolled. All particulars,
especially with respect to the issue o f corresponding receipt cards, shall be de
termined by the Imperial Chancellor; the latter shall have previously secured
the consent o f the Italian Government, in so far as the National Provident Fund
is concerned.
In the case o f paragraph 2 an insured Italian subject and his survivors
shall not be entitled to claim the benefits o f the German invalidity and sur
vivors’ insurance unless such benefits must be granted for an insurance case
arising previously to the making o f the application. Contributions, o f which
half are to be paid over to the National Provident Fund in accordance with
paragraph 2, shall not be taken into consideration with respect to the claim
to such benefits.
A r t . 4. Article 3, paragraphs 2 and 3, shall hold good also for Italian subjects
who make use o f the voluntary additional insurance, according to the German
law. The German insurers shall pay over the full amount o f the additional
stamps.
A r t . 5. W ith respect to maintaining the right to claim the benefits o f the
German invalidity and survivors’ insurance, the fulfillment o f the obligation
o f active military service in Italy is placed on a par with the fulfillment o f
the obligation o f German subjects to serve under the colors.
A r t . 6. German subjects residing in Italy shall be entitled to be enrolled as
members o f the Italian National Provident Fund, under the same conditions
and with the same effects as Italian subjects, in so fa r as articles 7, 8, 10, and
11 do not contain any contrary stipulations.
A r t . 7. German subjects shall be insured with the National Provident Fund
under the condition of repayment o f the contributions tariff o f reserved capi
tal. Upon application o f the insured person, the contributions, including the
amounts paid by others on behalf o f the person enrolled, shall be refunded,
should the insured person die or leave Italian territory before the contingency
o f insurance arises; in the latter case they shall be paid to the insured person.
196
SURVEY OF IN T E R N A T IO N A L ACTION AFF E C TIN G LABOR.
I f employers in Italy pay contributions to the National Provident Fund for
their national workers or for certain classes o f the same, they shall be bound
to pay such contributions to the said fund also in a corresponding manner fo r
their German workers.
A r t . 8. The transfer from the workmen’s insurance to the national insur
ance, which takes place according to Italian legislation when the conditions
fo r inscription in the register o f workmen’s insurance with the National Provi
dent Fund do not apply, shall entail for a German insured person the loss o f
the right to claim repayment o f contributions only if he expressly agrees to
tho transfer.
A r t . 9. German subjects belonging to the crew o f an Italian sea-going ship
shall be placed on the same footing as Italian subjects with respect to insur
ance with the Mercantile Marine Invalidity Fund, in so fa r as nothing to the
contrary is hereinafter stipulated. For such German subjects the, inscription
in the Italian register o f seamen shall not be a condition o f the insurance.
I f a German subject insured in this manner leaves Italian territory previous
to the contingency o f the insurance arising, without belonging to the crew o f an
Italian sea-going vessel, the contributions paid fo r him shall be refunded upon
his request.
A r t . 10. As long as a German subject who is entitled to an annuity from one
o f the said Italian funds, voluntarily has his ordinary abode outside the terri
tory o f the Italian State, Ms annuity shall remain suspended; in such a case
his claim shall be compounded by the payment o f triple the amount o f his
annuity.
So long as a German subject has been exiled from Italian territory, in conse
quence o f a crim inal conviction, his annuity shall remain in suspense.
I f a German subject has left Italian territory in virtue o f an order o f an
Italian authority, his annuity shall not remain in suspense, except in the
cases referred to in paragraph 2. The Italian fund, however, may compound
his claim with his consent, by the payment o f triple the amount o f his annuity.
A r t . 11. Disputes with respect to the compounding o f claims shall be de
cided by such proceedings as are prescribed fo r annuity claims in the Italian
Invalidity and Old-Age Insurance Act.
A r t . 12. Should the Italian invalidity, old-age, and survivors’ insurance be
extended to a larger circle o f persons, the above conditions shall be corre
spondingly applied.
P art
III.— G e n e r a l
P r o v is io n s .
A r t . 13. W ith respect to the administration o f the accident Insurance as
well as o f the invalidity, old-age, and survivors’ insurance o f one country in
the other country, mutual support and legal assistance shall be given by the
competent authorities. Legal assistance shall be given, in so fa r as no con
trary provisions are contained in the follow ing articles, in accordance with
the provisions in force fo r civil and commercial matters.
A r t . 14. The Italian Government shall communicate to the German Govern
ment a list o f medical men, clinical establishments, and hospitals, which, in the
administration o f the German workmen’s insurance in Italy, are specially
suitable for medical treatment and advice. It shall also take care that the
expenses fo r treatment, examination, and advice by the medical men named in
the list and for maintenance in the institutions therein mentioned are kept
within reasonable limits.
A r t . 15. The regulations o f one country, according to which there exist ex
emptions from stamp duty and fees or other privileges with respect to the
accident insurance and the invalidity, old-age, and survivors’ insurance shall
TREATIES AND CONVENTIONS.
197
be correspondingly applied, in so fa r as it may be necessary to administer in
such country the respective workmen’s insurance o f the other country.
A r t . 16. In the case o f an accident happening to an Italian subject, the Ger
man department concerned shall immediately give notice to the Italian consu
lar authority, which is competent for the district in question, o f the termina
tion o f the inquiry into the accident.
The Italian consular authority may claim to follow the proceedings in con
nection with the inquiry and any subsequent proceedings to the same extent
as the parties directly concerned.
The provisions o f paragraph 2 shall be applied in a corresponding manner to
the German Invalidity and Survivors’ Insurance.
A r t . 17. Should it be necessary to obtain evidence in Italy fo r establishing
the claim o f an Italian subject arising out o f the German accident insurance
or o f the German invalidity and survivors’ insurance, the German insurers
and the German insurance authorities may avail themselves o f the inter
mediary o f the competent Italian consular authority for their district. The
inquiries made in this manner shall be free o f cost, with the exception o f the
medical evidence.
A r t . 18. If, for the purposes o f the administration o f the German accident
insurance and o f the German invalidity and survivors’ insurance, it should
be necessary to serve documents, fixing certain periods, upon Italian subjects,
who are not residing within the territory o f the German Empire and whose
abode is not known, the department having to effect the service shall claim the
intermediary o f the Italian consular authority in the district o f which the de
partment is situate.
The consular authority shall send to the department having to effect the
service, within one week after receipt o f the document, the certificate o f the
post office as to the delivery o f the document. Should the department de
mand it, the consular authority shall cause inquiries to be made as to the
whereabouts and delivery o f the document and communicate to the depart
ment in question the inform ation which it may receive in the matter from the
post office. I f the document is returned by the post office to the consular
authority as undelivered, the consular authority shall transmit it immediately,
with the annotations o f the post office, to the department having to effect the
service.
I f the consular authority is not in a position to effect delivery o f the docu
ment, the same shall be returned without delay, at latest before the expiration
o f one week from receipt, to the department having to effect the service.
I f the intermediary of the consular authority for effecting the service has
been made use o f without result the department having to effect the service
shall be at liberty to effect such service by other means.
The intermediary o f the Italian consular authority may also be claimed for
the service o f documents which do not fix time limits.
A r t . 19. The Italian Government shall introduce a procedure corresponding
to that referred to in sections 16 and 18, when administering the Italian w ork
men’s insurance in connection with German subjects, as soon as the German
Government places at its disposal the intermediary of its consuls.
A r t . 20. The contracting parties reserve to themselves the right to come to
an arrangement by way o f exchange o f notes, as to the manner in which pay
ments arising out o f the workmen’s insurance o f the one country, to persons
entitled to the same who are staying in the other country, shall be effected.
A r t . 21. In matters which are regulated by this part, the local competence
and the districts o f the consular authority shall be determined according to an
arrangement to be come to between the two Governments.
198
SU RVE Y OS’ IN T E R N A T IO N A L ACTION AFF E C TIN G LABOR.
P art
IV. —
F in a l
P r o v is io n s .
A r t . 22. The tw o contracting parties reserve to themselves the right, by an
additional convention, to arrange that the subjects o f the two countries shall be
placed on the same footing, with respect to agricultural accident insurance on
a larger scale, as soon as a system o f accident insurance is introduced into Italy
which may be equivalent to the German agricultural accident insurance.
A r t . 23. In the same way the two contracting parties reserve to themselves
the right, by an additional convention, to arrange that the subjects o f the two
countries shall be placed on the same footing, with respect to invalidity, oldage, and survivors’ insurance as soon as a system o f invalidity, old-age, and
survivors’ insurance is introduced into Italy which can be considered as equiva
lent to the German invalidity and survivors’ insurance.
A r t . 24. This convention must be ratified by His M ajesty the German
Emperor and H is M ajesty the King o f Italy, and the deeds o f ratification shall
be exchanged as soon as possible.
A r t . 2 5 . T h e c o n v e n tio n sh a ll c o m e in to fo r c e on A p r il 1, 1 9 1 3 .
Notice o f discontinuance o f the convention may be given at any time by
either party, and it shall cease to be in force on the expiration o f the year fo l
low ing that in which notice was given.
Agreement Between the German Empire and Spain Concerning the Reciprocal Communication
of Accidents to Spanish Sailors on German Ships and of German Sailors on Spanish Ships 1
(concluded by Exchange of Diplomatic Notes on Nov. 30, 1912/Feb. 12, 1913).
A r t i c l e 1. Should a Spanish sailor, employed on a German ship, meet with
an accident during the execution o f his work, and the ship be in a German
port, or after the accident, anchor in a German port, the German authorities,
to whom the skipper has given notice in pursuance o f the regulations, shall
notify the competent Spanish consul; if the ship is in a non-German port, the
German consul to whom the skipper has given notice in pursuance o f the regu
lations, must communicate with the competent Spanish consul. I f the port is
Spanish and at the same time the chief town o f a Province, the civil govern
ment or else the alcalde shall be notified. Should the accident take place on
the high seas, the German consul is bound, if possible, to n otify the accident
to the proper authorities within 24 hours from the moment the ship enters a
Spanish port.
A r t . 2. Should a German sailor, employed on a Spanish ship, meet with an
accident during the execution o f his duties, and the ship be in a Spanish port,
or after the accident, anchor in a Spanish port, the Spanish authorities, to
whom the skipper has given notice in pursuance o f the regulations, shall n otify
the competent German consul; should the port not be Spanish, the Spanish
consul to whom the skipper has given notice in pursuance o f the regulations
shall notify the competent German consul, and, should the port be German,
the harbor police. Should the accident take place on the high seas the Spanish
consul shall be bound, if possible, to notify the accident to the proper authori
ties within 2 4 hours from the moment the ship enters a Spanish port.
Treaty Between Italy and the United States of America, Amending the Treaty of Commerce
and Navigation Concluded February 26, 1871, Between the Same High Contracting Parties 2
(February 25, 1913).
(I)
It is agreed between the high contracting parties that the first para
graph o f Article III o f the treaty o f commerce and navigation, February 26,
1871, between Italy and the United States, shall be replaced by the follow in g
p rovision :
1See pp. 158, 159.
* See pp. 159, 160.
TREATIES AND CO N VEN TIO N S.
199
The citizens o f each o f the high contracting parties shall receive in the
States and Territories o f the other the most constant security and protection
o f their persons and property and for their rights, including that form o f pro
tection granted by any State or national law which establishes a civil responsi
bility fo r injuries or fo r death caused by negligence or fault, and gives to
relatives or heirs o f the injured party a right o f action, which right shall not
be restricted on account o f the nationality o f said relatives or h eirs; and shall
enjoy in this respect the same rights and privileges as are or shall be granted
to nationals, provided that they submit themselves to the conditions imposed
on the latter.
(II)
The present treaty shall be ratified by H is M ajesty the King o f Italy,
in accordance with the constitutional form s o f that kingdom, and by the
President o f the United States, by and with the advice and consent o f the Sen
ate thereof, and shall go into operation upon the exchange o f the ratifications
thereof, which shall be effected at Washington as soon as practicable.
Agreement Between France and Switzerland Relative to Pensions to be Granted to Members of
the Staff of the Swiss Federal Railroads Employed on French Territory1 (Oct. 13, 1913).
The Swiss Federal Council and the Government o f the French Republic, in
an endeavor to prevent the French or foreign members o f the staff employed
on French soil by the general administration o f the Swiss Federal railroads
from coming under the regulations concerning old-age pensions o f both countries
by the application o f the Swiss and the French acts, have agreed on the fo l
lowing provisions:
(1) The members o f the staff permanently employed within French territory
by the general administration o f the Swiss Federal railroads who benefit in
Switzerland by old-age insurance corresponding to the provisions of the French
act dated July 21, 1909, shall be exempt from the application o f the French
act relative to old-age insurance for workers.
(2) The members o f the staff employed by the general administration o f the
Swiss Federal railroads who do not belong to any old-age pension fund, more
especially those who are only temporarily employed by the said general admin
istration, shall remain subject to the provisions o f No. 1 o f the above-mentioned
French act concerning old-age insurance for workers.
(3) The present agreement shall be ratified, and the ratification documents
exchanged, at the earliest possible moment. The agreement shall come into
operation on the date on which the ratification documents are exchanged, and
shall remain in force until one year after the date on which notice o f termina
tion o f the agreement shall be given.
A G R E E M E N T S R E S P E C T IN G T H E H IR IN G O F L A B O R .
Convention Between the United Kingdom and France Concerning the New Hebrides, signed at
London, October 20, 1906.
R e c r u it m e n t
of
N a t iv e
x x x i .— r e c r u i t i n g
L abo rers.
l ic e n s e
.
1.
No vessel shall recruit native laborers in the New Hebrides, including the
Banks and Torres Islands, unless she sails under the flag o f one o f the two
signatory powers, and unless she is provided with a recruiting license issued
by the high commissioner representing the signatory power under whose flag
the vessel is sailing, or by his delegate.
* See pp. 160, 161.
200
SURVEY OF IN T E R N A T IO N A L ACTION A FF E C TIN G LABOR.
2. In the case o f professional recruiters, the recruiting license shall only be
issued on the deposit of £80, as security, with the agent appointed by the high
commissioner, whose duty it w ill be to issue the recruiting license, or by his
delegate.
3. The high commissioners shall inform one another every month o f the re
cruiting licenses which they have issued. The same rule shall apply to their
delegates.
4. The recruiting licenses shall be valid for one year only.
X X X I I . -----R E G ISTER
OF
ENGAG EM ENTS.
All masters o f recruiting vessels shall keep a register o f engagements, in
which there shall be entered without delay the name, sex, identification marks,
the name o f the tribe, place o f recruiting, and place o f destination o f every
native recruited, the name o f the employer, the length o f the engagement, the
sum agreed on by w ay o f premium and wages, and the amount o f the advance
to be paid to the native at the time o f engagement.
X X X I I I . — E N G A G E M E N T OF W O M E N
AND
C H IL D R E N .
1. Women shall only be engaged—
I f they are married, with the consent o f their husbands.
I f they are unmarried, with the consent o f the head o f the tribe.
2. Children shall only be engaged if they are o f a certain minimum height, to
be fixed by the resident commissioners jointly.
X X X I V .-----L E N G T H
OF
ENGAG EM ENTS.
1. No engagements shall be concluded fo r more than three years.
2. They shall date from the day the laborer lands in the island where he is
to be employed, but the time spent on board ship by the laborer shall count
fo r wages.
X X X V .-----D E A T H S
ON
BOARD
R E C R U IT IN G
VESSELS.
1. A report in duplicate on every death occurring on board a recruiting ves
sel shall be drawn up immediately by the master. Such report shall describe
the circumstances under which the death occurred.
2. W ithin 24 hours an inventory in duplicate shall also be drawn up o f the
effects left on board by the deceased. The amount o f the wages to which the
laborer is entitled from the day o f engagement to the day o f his death shall be
stated in this inventory.
3. The master shall, on arrival, transmit to the competent authority a copy
o f the report and the inventory, as well as the objects and articles o f value
belonging to the deceased, and the premium and wages to which he was entitled.
The second copy o f the report and the inventory shall be annexed to the
register o f engagements.
X X X V I . -----S IC K N E S S
OF LABORERS
ON
L A N D IN G .
Every native recruited who, on landing, is found to be in such a state o f
health as to incapacitate him fo r the work fo r which he w as engaged, shall be
cared for at the expense of the recruiter, and the time spent in hospital and
the time during which he is unable to w ork shall be included in the term o f
engagement.
TREATIES AND CONVENTIONS.
X X X V I I .— D E L IV E R Y OF LABORERS TO T H E IR
201
EM PLOYERS.
A recruiter who* is acting as an agent fo r other persons can not divest him
self o f his responsibility for the natives whom he has engaged until the signa
ture of the employer has been affixed to the register o f engagements opposite
the name o f the laborer.
X X X V I I I .-----S U B M IS S IO N
OF
RE G ISTE RS
OF
ENGAGEM ENTS
ON
A R R IV A L .
1. W ithin 24 hours o f their arrival, all masters o f recruiting vessels shall be
obliged to present their register o f engagements fo r signature by the competent
person.
2. I f irregularities are detected in the operations o f the recruiter or in the
keeping o f the register o f engagements, an official report shall be immediately
drawn up by the person to whom the register has been submitted. This re
port shall be sent without delay to the competent authority.
The same course shall be follow ed if the register is not produced within the
prescribed period.
X X X I X . -----N O T IF IC A T IO N
OF
ENGAG EM ENTS.
1. Every engagement o f a native laborer shall be notified by his employer
w ithin three days from the date o f landing.
The notification shall be made to the resident commissioner, to whose ju ris
diction the employer is subject, or to the person appointed for the purpose.
2. The notification shall be registered, and the contract shall be signed by
tin resident commissioner, or by the person appointed for the purpose.
3. The two resident commissioners shall communicate to each other every
month a list of the notifications o f engagements received by them, or by the
persons appointed for the purpose.
X L .-----R E E N G A G E M E N T .
1. At the termination o f the period of his engagement the laborer shall not
enter into a fresh engagement— if he has not been previously sent home— with
out an authority in writing from the resident commissioner entitled to receive
the notification o f engagement, or from the person appointed for the purpose.
2. The authority shall only be given after the native has been examined in
the presence of the employer, tw o nonnative witnesses, and two witnesses, se
lected as far as possible from the same tribe as the laborer, and if the latter,
o f his own free will, declares that he wishes to reengage.
3. No reengagement shall exceed the term o f one year. It shall be renew
able on the same conditions.
X L I .— RECORDS
OF E N G A G E M E N T S .
1. Every employer shall keep posted up to date a separate record fo r each
la torer in his service.
2. There shall be entered in this record the name and sex of the laborer, the
identification marks, the name o f the tribe, the place and date o f recruiting,
the name o f the recruiter, the name o f the vessel, and the duration and condi
tions o f his engagement, as stipulated in the contract.
The days of absence from work on account o f illness shall be entered by the
employer in the record, and also any other days o f absence.
202
SU RVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
X L I I .-----A D D IT IO N A L
PERIODS
OF
WORK.
1. Time lost through absence without good cause shall be added to the term
o f the engagement.
2. A laborer may further be retained after his term o f engagement expires as
a punishment for breaches o f discipline to which he has been duly sentenced.
In such case the additional period o f labor shall not exceed tw o months for
each year o f engagement.
x l iii
.—
transfer
of
en g ag em en ts
.
1. No transfer o f a contract o f engagement shall be permitted unless freely
accepted by the laborer and authorized by the resident commissioner entitled
to receive the notification o f engagement, or by the person appointed fo r the
purpose.
2. I f the transfer is between British subjects or French citizens, the authority
shall be jointly given by the tw o resident commissioners.
x l iv
.—
d u t ie s
of
em ployers
.
1. Employers must treat their laborers with kindness. They shall refrain
from, all violence tow ard them.
2. They must supply them with sufficient food, according to the custom o f
the country, including rice at least once a day as part o f their meals.
The resident commissioners shall fix jointly the amount o f rice to be sup
plied to the laborers.
3. Employers must further provide their laborers with adequate shelter, the
necessary clothing, and medical care in case o f illness.
xlv
.—
w o r k in g
h o u r s
.
1. Laborers shall not be obliged to work except between sunrise and sunset.
2. They shall have daily, at the time of their midday meal, at least one clear
hour o f rest.
3. Except fo r domestic duties and the care o f animals, laborers shall not be
obliged to work on Sundays.
X L V I .-----P A Y M E N T OF W A G E S .
1. W ages shall be paid exclusively in cash.
2. Payment shall be made either before a person appointed for the purpose
by the resident commissioner entitled to receive the notification o f engage
ment, or, failing this, in the presence o f two nonnative witnesses, who shall
certify the payment in the record above referred to by affixing their signatures
by the side o f that o f the employer.
3. When it is obviously impossible fo r an employer to make use o f this method
o f verification, he shall him self be authorized by the competent resident com
missioner, or by the person appointed fo r the purpose, to enter the payment o f
the wages in the record.
4. Whenever the record doe3 not show the rate o f wages agreed upon at the
time o f the engagement, the rate shall be taken to be 10 shillings a month, and
the employer shall not be allow ed to produce evidence to show that a low er
rate had been agreed upon.
TREATIES AND CONVENTIONS.
X L V H .-----DE P OSIT
203
OF W A G E S .
1. Part o f the wages may be deposited by the employers with the resident
commissioner entitled to receive the notification o f engagement, or the person
appointed for the purpose, to be paid subsequently to the laborer either during
the term o f engagement or at the expiration o f such term, according as he
desires.
The free consent o f the laborer must be "iven before any part o f his wages
can be so dealt with.
2. The resident commissioner, or the person appointed for the purpose, may at
any time order the retention and deposit o f part o f a laborer’s salary.
X L V I I I .-----P U N I S H M E N T .
Any laborer who has given his employer just cause o f complaint in respect o f
his conduct or work may, at the instance of his employer, be punished by the
resident commissioner concerned, or the person appointed fo r the purpose, by
the imposition o f extra work, by a fine, by prolongation o f the term o f en
gagement, within the lim its provided in Article X L II, or by a summary punish
ment not exceeding one month’s imprisonment.
X L I X .— A B S E N C E W I T H O U T
GOOD C A U S E .
1. Any laborer who without permission leaves his employer shall be liable in
like manner to one o f the summary punishments prescribed by the preceding
article, and shall be sent back to his employer to finish his term o f engage
ment.
2. No one shall receive or employ or take on board any vessel a laborer who
has left his employer without permission.
L .— D E A T H
D U R IN G
ENGAGEM ENT.
In the event o f the death o f a laborer, the employer shall be subject to the
same obligations as those imposed by Article X X X V on masters o f recruiting
vessel.
L I .— R E P A T R IA T IO N .
1. Every laborer who has completed his term o f engagement shall be re
turned to his home at the first convenient opportunity by and at the expense
o f his employer.
2. Such laborer shall be taken back to the place where he was recruited or,
if this is impossible, to the nearest place thereto from which the laborer can
without danger rejoin his tribe.
3. In the case o f unjustifiable delay exceeding one month in returning a
laborer, the resident commissioner concerned, or the person appointed for the
purpose, shall provide, at the expense o f the employer, fo r the return o f the
laborer to his home at the earliest opportunity.
4. In case of persistent ill-treatment o f a laborer, the resident commissioner
concerned shall have the right, after two written warnings addressed to the
employer, to cancel the contract and provide for the return home o f the
laborer at the employer’s expense.
5. The resident commissioner concerned may in like manner cancel the con
tract and return a laborer to his home if the laborer did not freely consent to
the engagement, or i f he did not clearly understand and freely accept the terms
o f the engagement. In that case the expenses o f returning him to his home
shall be borne by the recruiter.
204
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
Lx I . -----REG ISTER OF R E P A T R IA T IO N .
1. The names o f laborers returned to their homes shall be entered on a
register kept by the master o f the vessel, in a similar form to that prescribed
by Article X X X I I , for keeping the register o f engagements.
2. The signature of the employer upon the register shall prove that the
laborer who is to be returned to his home has been handed over to the master
o f the vessel.
3. The master shall enter in the register the date when the native so to be
returned to his home was put on shore, and shall mention the exact spot where
he was landed.
4. The rules prescribed by Article X X X V I I I with regard to the submission and
signature o f the register o f engagements shall be applicable to the register o f
repatriation.
L I U .— D E A T H
D U R IN G
THE
RETURN
P ASSAG E.
In the event o f the death o f a laborer occurring during the return passage,
the master o f the vessel shall proceed as prescribed by Article X X X V .
L I V .-----P O W E R S
OF C ONTROL.
1. The high commissioners, the resident commissioners, and the persons ap
pointed by them for the purpose, shall have, with regard to their respective
nationals, the right to employ any method o f inquiry which may be necessary
to insure, as far as the recruiting and engagement o f native laborers are con
cerned, the execution o f the present convention.
Employers shall be bound, for this purpose, to produce any laborer at the
request o f the competent authority.
2. A report shall be drawn up with regard to any irregularity or breach o f
regulations which may be discovered, and shall be forw arded without delay
to the competent authority. The report shall be prima facie evidence o f the
facts stated therein.
L V .-----S H O R T
ENGAGEM ENTS
AND
EM PLOYM ENT
OF
N A T IV E
LABORERS
W IT H O U T
ENGAGEM ENT.
1. Nonnatives may employ natives without restriction, provided that they are
not engaged for more than three months, with the option o f renewal, and pro
vided they are not removed to an island more than 10 miles from the island o f
their tribe.
2. They may, in any case, employ without restriction natives who are known
to have served nonnatives fo r at least five years, and who are fam iliar with a
European language or the vernacular in use between.nonnatives and natives.
L V I.— P E N A L T IE S .
1. Any infringement by nonnatives o f the terms of the present convention re
garding the recruiting and engagement o f native laborers shall be punishable
by a fine o f from 4 shillings to £20, and by imprisonment o f from one day to one
month, or by either o f the ^bove penalties.
2. Damages may also be awarded to laborers fo r any injury suffered by them.
3. The joint court shall inflict the penalties and assess the damages.
4. In the event o f conviction on a serious charge, or for a second offense, the
recruiting license, as well as the right o f engaging laborers, may be withdrawn
fo r a period not exceeding two years by the high commissioner for the country
to which the recruiter or employer belongs.
TREATIES AND CO N VEN TIO N S.
205
Convention Between the Transvaal and the Portuguese Province of Mozambique (Dated
A pril 1, 190 9).
P a r t I.— M a t t e r s C o n c e r n i n g N a t i v e s .
1. Under this convention the Government o f the Province w ill permit re
cruiting within the territories under its direct administration o f native labor
ers fo r the mining industries o f the Transvaal: Provided, That such permis
sion w ill not be effective within areas the natives o f which are subject to obli
gations under local laws at present in force or under legal contracts now
existing with the Government o f the Province, if those obligations would be
interfered with by any recruiting operations.
2. Except in so far as may be in conflict with this convention, recruiting
operations shall be conducted in accordance with regulations at present in
force in the P rovince; but the Government o f the Province may alter the said
regulations, subject, however, to agreement between the tw o Governments
whenever such alteration affects recruiting operations.
3. The Government o f the Province reserves the right to prohibit recruiting
by, or allotment to, a Transvaal employer who, upon a joint investigation by
representatives o f each Government, may be found to have failed, in some sub
stantial respect or persistently after warning, to comply with the obligations
imposed by this convention or by any regulation in force in the Province not
inconsistent with this convention. In the event o f the representatives o f both
Governments not being able to agree, they shall appoint an umpire, whose
findings shall be final.
4. Every license to recruit native laborers shall be granted by the Govern
ment o f the Province.
Each application for a recruiting license shall be made through the intendant
o f emigration at Lourengo Marques, and no application shall be granted unless
it be accompanied by a certificate from the Transvaal secretary fo r native a f
fairs to the effect that the Transvaal Government supports the application,
and that it is made on behalf o f an employer or employers o f labor connected
with the mining interests o f the Transvaal.
Every applicant shall at the same time produce a written undertaking on his
own behalf and on behalf o f his employers to fulfill all obligations under any
regulations in force in the Province or contemplated by this convention.
The guaranty deposit and license which the recruiter has to pay shall not
exceed those provided by the provincial regulations o f November 18, 1897.
Recruiting licenses shall be issued in respect o f any one district, and fo r
this purpose the old district boundaries existing in 1907 may be follow ed, but
a license issued in respect o f one district shall on application be transferred to
another without extra charge.
Recruiting licenses may at any time be canceled by the Government o f the
Province in accordance with the emigration regulations o f the Province.
I f at any time after the granting of a license the Transvaal Government
raises any objection against the holder of such license, the Government o f
the Province agrees to withdraw the license.
5. Before leaving the Province, every laborer shall be supplied with a pass*
port available for one year, for which a fee of 13 shillings shall be paid to the
Government o f the Province by the employer. No other fees shall be charged
in connection with legally recruited natives except those specified in this con
vention.
6. No laborer shall be engaged in the first instance for a longer period than
one year, but at the end o f the first period he may be reengaged for a further
period or periods, but so that such period or periods, together with the first
206
SU RVEY OF IN TE R N A TIO N A L ACTION A FFECTIN G LABOR.
period, shall not, without the special permission o f the Portuguese curatoi
hereinafter referred to, exceed tw o years.
Any laborer who fails to return to the Province o f Mozambique at the ex
piration o f this period o f service, including any period o f reengagement, shall,
unless he shall have obtained special permission from the curator, be con
sidered a clandestine immigrant for all the purposes o f this convention.
7. The Transvaal Government guarantees that natives w ill be given their
discharge at the expiration o f the period o f contract, including any period o f
reengagement, and that no pressure shall be put on them to renew their con
tracts.
8. The Portuguese curator shall be entitled to receive a fee o f 1 shilling and
6 pence for every three months or part thereof, in respect o f every Portuguese
native to whom this convention applies and who has been in the Transvaal
for more than one year. Such fee shall be paid to the Portuguese curator by
the employer.
9. A Portuguese official w ill undertake the duties o f curator fo r Portuguese
natives in the Transvaal.
The curator shall be the sole official charged with the functions o f a consular
officer with respect to such natives, and, in addition to the powers vested in
him by the regulations now in force in the Province, the follow ing powers and
duties shall attach to h im :
(a) To approach the Transvaal authorities with a view to arriving at an
understanding in matters relating to Portuguese natives residing in the
T ran svaa l;
(&) To collect all fees payable to the curator under this convention in re
spect o f Portuguese natives in the T ran svaa l;
(c ) To issue or refuse Portuguese passes to clandestine im m igrants;
( d) To grant or refuse the extension o f Portuguese passes to Portuguese
n atives;
(e) T o promote by all means at his command the registration o f Portuguese
natives in the T ran svaa l;
( / ) To organize a deposit and transfer agency for moneys belonging to Por
tuguese natives;
( g ) To ascertain the allotment o f laborers to the different mines fo r the
purpose o f recording their places o f employment.
10. The railway charges for natives returning to the Portuguese frontier
shall be equally favorable w ith the railway charges made fo r natives from the
Portuguese frontier into the Transvaal.
'
11. The follow ing customs provisions shall apply to goods and baggage o f
native laborers returning from the mining industries o f the Transvaal, but the
details o f these provisions may be revised from time to time by mutual ar
rangement :
(a) Each native laborer will, subject to the terms o f subsection (&) o f this
article, be permitted by the Portuguese customs to carry with him into the
Province free o f duty and from form al examination, up to 60 kilograms (equal
to 132 pounds) gross weight o f baggage.
(&) The Portuguese customs, however, reserve the right to examine occa
sionally and from time to time the baggage carried by the said natives, in order
to satisfy themselves that no excessive quantities of goods for trading pur
poses are being imported under cover o f the above privileges.
(c )
In the event o f any native, after examination, being found to carry
goods whereon the duty leviable according to the Portuguese tariffs, is more
than.2,250 reis (10 shillings), but does not exceed 2,750 reis (12 shillings) there
TREATIES AND CON VEN TIO N S.
207
shall be collected from the native on such goods the difference between 1,687.5
reis (7 shillings and 6 pence) and the actual duty leviable.
( d ) No native referred to in this article w ill be permitted to have in his
possession merchandise upon which the Portuguese customs duties exceed
2,750 reis (12 shillings) ; the bearer o f goods the duties whereon exceed that
amount shall be liable to the penalties prescribed by the Portuguese customs
law and regulations, other than the confiscation o f such goods; but nothing in*
this subsection contained shall be deemed to prevent the confiscation o f con
traband goods, such as dynamite, powder, firearms, fuses, and the like, when
introduced into the Province by any such native.
(e ) It is understood that, for the purpose o f the computation o f duties only
such goods as are at the present time ordinarily liable to duty shall be assessed;
that is to say, only such goods as by reason o f their quantity, nature, or con
dition, can not be considered as personal effects o f the natives.
( / ) In consideration o f the above, the Transvaal Government w ill pay to the
customs o f the Province the sum o f 7 shillings and 6 pence per head fo r each
and every native laborer o f the Province returning from the mining industries
o f the Transvaal.
12.
Subject to the terms o f this convention, every native o f the Province in
the Transvaal must be in possession o f a Portuguese pass or passport issued
by the authorities o f the Province.
Any such native found within the Transvaal without such pass or passport
shall be considered a clandestine immigrant and shall obtain from the Portu
guese curator or his representative a pass, fo r which a fee o f 20 shillings shall
be paid.
18.
No Portuguese native in possession o f a Portuguese passport law fully
issued under this convention shall be liable to pay native tax under the laws
o f the Transvaal.
14. This convention shall not apply to a native who—
(a) Entered the Transvaal from the Province o f Mozambique prior to the
11th day o f October, 1899; and
(&) Has not, since that day, resided continuously in a labor district in the
Transvaal.
15. No Transvaal pass shall be issued to a Portuguese native who fails to
produce a Portuguese pass or passport law fully issued, except in districts
where the curator has no representative, in which case Transvaal pass officers
may issue a pass, but shall send all details to the Portuguese curator in order
that the native may be provided with a Portuguese pass, and the curator shall
collect the amount due from the employer ( if any) or from the native if he
h a j no employer.
If, however, the curator refuses to issue a pass to such native, his Transvaal
pass shall forthw ith be canceled in accordance with the Transvaal pass regu
lations.
16. Except upon production o f a written authority from the Portuguese
curator no pass shall be issued by an official o f the Transvaal Government—
(a) To clandestine immigrants who, being in possession of a Portuguese pass
or passport, desire to be employed otherwise than in the mining in du stries;
(&) T o natives who desire to work fo r an employer and who did not enter
the Transvaal after executing a contract in accordance with law in the Prov
ince, or who desire to work with a new employer.
W henever a Portuguese native is authorized to work for any person (not
being the employer by whom he was originally engaged in accordance with
law in the P rovin ce), or whenever a native is authorized to work for a new
employer, the Portuguese curator shall receive from the employer or native a
i!U 8
SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
registration fee o f 10 shillings. When the engagement o f native laborers is
made by an agency which is authorized to recruit on behalf o f several em
ployers such laborers shall be regarded fo r the purposes o f this article as hav
ing been originally engaged fo r any o f such employers.
17. No pass shall be issued in the Transvaal to enable a Portuguese native to
travel to any other colony or territory except the Province o f Mozambique
without the production o f a written authority from the Portuguese curator.
18. The Transvaal Government shall assist the curator—
(a) By facilitating access by him or his representatives to compounds and to
all other places where Portuguese natives are located ;
(&) By facilitating the collection o f fees payable to the curator under, this
convention in respect o f Portuguese natives in the T ransvaal;
(c ) By refusing, so fa r as the Transvaal law allows, the issue or renewal o f
Transvaal passes to Portuguese natives who fa il to produce a valid Portuguese
passport;
( d ) By causing all cases o f deaths, accidents, and desertions o f Portuguese
natives to be reported to him ;
( e ) By issuing instructions to all pass officers to the effect that the number
o f the Portuguese passport must always be mentioned distinctly in the Trans
vaal pass for reference;
( / ) By issuing instructions to pass officers to the effect that all Portuguese
natives must report themselves at the curator’s office before returning home.
In districts where the curator is not represented passes o f Portuguese natives
desiring to return home shall be sent to him fQr indorsem ent;
(g) By promoting the return home o f time-expired laborers via Ressano
Garcia or any other place on the border which* may be agreed upon by the tw o
Governments.
19. The Transvaal Government shall, so far as the Transvaal law allows,
assist the Portuguese curator in preventing the residence in the Transvaal o f
Portuguese natives without Portuguese passes or with Portuguese passes which
are time-expired, and also in discouraging and preventing the entry into the
Transvaal o f clandestine immigrants.
20. All moneys received fo r administration by native affairs officials o f the
Transvaal Government in connection with the estates o f deceased Portuguese
natives shall be paid over to the curator whose acquittances shall be a suffi
cient discharge therefor. The curator shall also be notified o f the particulars
o f compensation payable in respect o f accidents, in order that such compensa
tion may be paid to the beneficiaries through his office.
P a r t IV.— M i s c e l l a n e o u s .
40. If, on the establishment o f a union o f the South A frican colonies, the
Transvaal becomes a party to such union, the Government o f the union shall
take the place o f the Transvaal Government fo r all purposes o f this convention,
but in such event the provisions o f this convention shall only apply to the areas
originally contemplated.
41. This convention shall continue fo r 10 years from the date hereof and
shall thereupon cease if either Government has given 1 year’s notice to the
other o f its intention to terminate it. I f no such notice has been given, the
convention shall continue from year to year until either Government shall have
given 1 year’s notice to the other o f its intention to terminate it.
42. This convention shall be executed both in the Portuguese language and
in the English language.
TREATIES AND CO N VEN TIO N S.
209
Convention Between Spain and the Republic of Liberia as to the Recruiting of Laborers in
Said Republic to Work in the Colony of Fernando Po (May 2 2 /June 12, 19 14 ; ratifications
exchanged May 22, 19 15 ).
1. The Government o f the Republic of Liberia, with the consent o f H. C. M.
the King o f Spain, shall nominate a consul o f the said Republic at Santa Isabel,
Fernando Po.
2. The Government o f the Republic o f Liberia shall nominate in each port
used for the embarkation o f laborers an agent, to be called “ labor agent,” who
shall be under the inspection o f the customhouse authorities o f the Republic.
3. The general administration o f the Spanish possessions o f the Gulf of
Guinea shall nominate recruiting agents who shall be subject to the laws of
Liberia, or a recruiting agency under the inspection and control o f the Spanish
consul at M onrovia shall be established in the ports used; the nominations o f
the said recruiting agents, and the organization o f the agency when it is es
tablished, shall be submitted for the approval o f the Liberian Government.
4. F or so long as the said recruiting agents are not nominated by the Gov
ernment o f Fernando Po, or the recruiting agency is not established, the Gov
ernment o f the Republic o f Liberia, on the request o f that of Guinea, shall
unofficially indicate fou r persons to exercise the functions o f recruiting agents,
without such indication involving the Government of the Republic in any re
sponsibility; and the Government o f Fernando Po shall nominate a commission
o f agriculturists approved by the Government o f the Republic, who shall go to
Monrovia, to come to an agreement with the said recruiting agents, with the
object o f organizing the immigration o f Liberian laborers into the island o f
Fernando Po. This commission shall be duly authorized and shall present,
itself to the State secretariat.
5. The recruiting agents and, for its part, the recruiting agency when it is
nominated, shall present in quadruplicate, to the labor agent of the port o f
embarkation, a summary {reladdn) o f the contracts which have been made,
which shall be visaed by the labor ag en t; one shall remain in the custody o f the
customhouse authorities for the receipt o f the fees, another shall be sent to
the Department o f State o f the Republic, another shall be sent to the Liberian
consul at Santa Isabel de Fernando Po, and the fourth shall be sent to the
Governor General o f the Spanish possessions in the Gulf o f Guinea.
These summaries shall state clearly the name and surname o f the laborer,
the Province, town, district, and tribe to which he belongs, and the name of its
chief, the term for which the laborer is bound to serve in Fernando Po, and the
date when the term expires.
These summaries shall be presented to the labor agent at least three days
before the sailing o f the steamer in which the laborers havo to embark.
If, after the presentation o f the abstracts to the labor agent, any difficulty
shall arise because one of those bound to serve in Fernando Po does not wish
to embark, or does not present him self at his proper time, the recruiting agent
shall inform the labor agent thereof. The Liberian consul in Fernando Po shall
inform the authorities of the port o f embarkation or those o f Monrovia, by the
same steamer in which these laborers ought to embark, o f the fact that they
are not com in g; in this case, the fees for embarkation and the cost of the seal
o f the passport o f those who have not embarked shall be remitted to the agent
or person who had wished to embark the laborers on the next embarkation o f
laborers.
The fees and the cost o f the seal of the passport shall be paid in advance, on
the embarkation o f the laborers, and the amount o f these shall be stated in
the summaries.
143445°— 20— B u ll. 2G8-------14
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SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
6. In the laborers’ indentures a maximum time o f tw o years and a minimum
o f one shall be fixed; this time shall commence to run from the day on which
the laborer shall have entered into his contract before the colonial curator
( curador) in Fernando Po.
In each o f the tw o cases the authorities o f Fernando Po shall undertake that
no laborer shall remain in the said island a longer time than he bound him
self to serve in Fernando Po before his departure from Liberia.
7. The recruiting o f laborers shall not be permitted to any person or company
who is not authorized by the Government o f Spanish Guinea and does not
possess the sanction o f the Government o f Liberia fo r the im portation o f labor
ers into Fernando Po.
The names o f the recruiting agents who from time to time are authorized by
the Liberian Government to recruit laborers shall be notified to the Govern
ment of Fernando Po.
8. Laborers may not be recruited in Liberia to w ork on definite plantations
in Fernando Po.
The laborers shall be sent direct to the Liberian consul at Santa Isabel, to
gether with the summaries referred to in paragraph 5.
When the steamer which brings the laborers arrives at Santa Isabel, the
Liberian consul and colonial curator shall go on board with some soldiers o f
the special guard o f the curator’s office ( curaduria) ; the consul having de
livered the laborers to the curator, the latter shall take them on shore and
lodge and board them till the next day at the sole cost o f the master who hires
them.
Every laborer sent to Fernando Po shall be put at the disposition o f the cura
tor by the Liberian consul, so that he in turn may contract them out to persons
or agriculturists who want them.
9. On the day follow ing the arrival o f the laborers and at an hour which has
been agreed upon, the Liberian consul shall go to the curator’s office and in his
presence the contracts o f the laborers shall be made, in which shall be set out
the particulars prescribed fo r contracts in the colony (Official Bulletin No. 15
o f Aug. 1, 1912).
Four summaries shall be made o f these contracts if possible by the m asters;
one o f these copies shall remain in the custody o f the Liberian consul, another
in the curator’s office to be entered in his books, another shall be sent to the
Secretary o f State o f the Republic o f Liberia, and another to the labor agent
o f the port o f embarkation o f the laborers. These summaries shall be signed
by the Liberian consul and the colonial curator.
10. The colonial curator shall not contract any laborer to persons who are
not solvent, unless other solvent persons are sureties for them.
In this case the latter shall bind themselves in w riting to guarantee good treat
ment, good food and good pay for the laborers, making themselves responsible
fo r the default o f those fo r whom they are sureties, and if, fo r any cause, the
surety withdraws his guaranty, he shall at once inform the curator and the
Liberian consul, the form er of whom shall withdraw the laborer from the per
son whose guaranty has been withdrawn.
11. The colonial curator shall not contract out any laborer for a longer time
than that fo r which he bound him self on leaving Liberia, and which is stated
in the summary sent by the labor agent.
I f any contract o f a Liberian subject is made fo r a longer time than that fo r
w hich he bound him self to serve in Fernando Po, the contract shall be deemed
v o id ; the laborer shall be withdrawn from his master, to be contracted out to
another until the end o f the time fo r w hich he bound him self to serve, and the
authorities o f Fernando Po shall proceed against the colonial curator.
TREATIES AND CON VEN TIO N S.
211
12. All the contracts now in force and those which are confirmed up to the
time when a Liberian consul in Fernando Po is nominated and this convention
is ratified, shall be v a lid ; the authorities o f Fernando Po shall undertake that,
while the Liberian consul is not nominated, no new contract o f Liberian sub
jects shall be authorized which involves serving fo r more than two years in
Fernando P o ; as soon as the Liberian consul is nominated, the curator shall
furnish him with a summary o f all the contracts o f Liberian subjects then in
force and unexpired, stating the date o f the contract, that o f its termination,
its number, the name o f the master and the wages at which the laborer w as
contracted.
13. The Government o f the Spanish possessions o f the G ulf o f Guinea guar
antees the due payment o f the laborers’ wages, and the moiety o f the said
salary which he ought to receive at the termination o f the contract shall be
changed into pounds sterling and silver money o f the United Kingdom by the
curator’s office, and delivered, with a list o f the laborers who have been paid
off, to the captain o f the steamer which is to take them to Monrovia.
On arrival at the said port, the labor agent shall go on board; and the cap
tain o f the steamer, in his presence and in accordance with the summary which
is produced, shall pay the workmen, who immediately thereupon shall be taken
on shore by the labor agent, who shall certify in the summaries that the labor
ers specified there have been paid the amounts therein expressed.
These amounts shall be expressed in pesetas and pounds sterling, and at the
foot o f the summary shall be stated the rate o f exchange at the place certified
by the Liberian consul.
The other moiety o f the wages shall be paid monthly to the laborer, under
the inspection o f the authorities and in accordance with the provisions in
force in the colony (Official Bulletin No. 16 o f August 15, 1913).
14. The Liberian consul shall be present at the settlement with the laborers
who are Liberian subjects and shall certify at the foot o f the summaries that
those stated there have been paid off and at the current rate o f exchange.
One o f these summaries shall remain in the curator’s office; another in the
custody o f the consul; another shall be sent to the Secretary o f State o f
L ib eria ; the fourth to the labor recruiting ag en t; and the fifth shall be deliv
ered, with the amount o f the payment, to the captain o f the steamer who has to
take the laborers to Monrovia.
15. The Liberian consul may present him self at the curator’s office as repre
sentative o f the laborers who are Liberian subjects in order to make whatever
complaint he thinks proper on account o f his countrymen, and he may also re
port to the curator any bad treatment o f which the Liberian subjects complain.
On the complaint being made to the curator, he shall begin a speedy investi
gation, and give notice in writing to the Liberian consul o f its result; and if
the consul does not approve o f the said decision, he may present an appeal to
the governor general against the decision come to by the curator.
16. In judicial proceedings in which Liberian subjects are involved, if the
Liberian consul shall ask fo r an attested copy o f the judgment, this shall be
allow ed by the examining magistrate.
17. The Liberian consul, with the previous authorization o f the owners, or
their representatives, may visit the plantation in Fernando Po to inform him
self o f the conditions under which the laborers who are Liberian subjects
work, and he shall bring to the knowledge o f the colonial curator any defect
that he notes in things which affect his countrymen.
18. The Government o f the Spanish colony guarantees the observance o f the
provisions in force relating to the treatment o f the laborers, and those which
may be issued hereafter for their benefit.
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SURVEY OF IN TE R N A TIO N A L ACTION A FFECTIN G LABOR.
19. All laborers contracted by agents authorized by the Government of
Guinea, who leave Liberia to go and work in Fernando Po, shall be taken to
Santa Isabel in all cases only in Spanish mail steamers and not in any steamer
under a foreign flag. Their passages shall be paid fo r at Fernando Po at the
agency o f the Transatlantic Company by the masters, when the laborers are
contracted. All laborers on completing their contracts shall be repatriated
by means o f Spanish steamers only.
20. In order to facilitate the embarkation o f laborers whose destination is
Fernando Po, and to carry out the preceding article, the Government o f H. C.
M. the King o f Spain shall make an arrangement with the Spanish Transatlan
tic Company that their steamers shall touch at the different ports in Liberia
where the embarkation o f laborers is perm itted; for this purpose the Liberian
Government shall as early as possible communicate the names o f the said
ports to the Government o f H. C. M. the King of Spain.
21. In the event o f the death o f a laborer and on its notification in the
Official Bulletin, the Liberian consul may reclaim in the curator’s office the
sums due to and effects o f the deceased, which he shall remit to the Liberian
State Department, to be delivered over to the deceased’s fam ily.
22. F or every contract made before the curator, visaed by the consul the
master shall pay the latter 2 shillings, and fo r the registration o f each Liber
ian laborer on his being repatriated the master shall pay 4 shillings to the
consulate.
>
23. This convention shall remain in force until one o f the contracting parties
denounces it by six months’ previous notice.
Treaty and Protocol Between the United States and Japan. Commerce and Navigation. Signed
at Washington, February 21, 1 9 1 1 ; Ratification Advised by the Senate, with Amendment
February 24, 1 9 1 1 ; Ratified by the President March 2, 1 9 1 1 ; Ratified by Japan March 31,
1 9 1 1 ; Ratifications Exchanged at Tokyo, April 4, 1 9 1 1 ; Proclaimed April 5, 19 11.
In proceeding this day to the signature o f the treaty o f commerce and navi
gation between Japan and the United States the undersigned, Japanese ambas
sador in Washington, duly authorized by his Government, has the honor to de
clare that the Imperial Japanese Government are fu lly prepared to maintain
with equal effectiveness the limitation and control which they have fo r the
past three years exercised in regulation o f the emigration o f laborers to the
United States.
A P P E N D IX
I I . — P R O P O S A L S F O R IN T E R N A T IO N A L
ACTION AFFECTING LABOR.
THE INTERNATIONAL.
Principles of International Workingmen’s Association.1
Tlie emancipation o f the working classes must be conquered by the working
classes themselves.
The struggle fo r the emancipation of the working classes means not a strug
gle for class privileges and monopolies, but fo r equal rights and duties and the
abolition o f all class rule.
The economical subjection o f the man o f labor to the monopolizer o f the
means o f labor, that is, the sources o f life, lies at the bottom o f servitude in all
its forms, o f all social misery, mental degradation, and political dependence.
The economical emancipation o f the working classes is therefore the great
end to which every political movement ought to be subordinate as a means.
All efforts aiming at that great end have hitherto failed from the want o f
solidarity between the manifold divisions o f labor in each country and from the
absence o f a fraternal bond o f union between the working classes of different
countries. The emancipation o f labor is neither a local, nor a national, but a
social, problem embracing all countries in which modern society exists and de
pending for its solution on the concurrence, practical and theoretical, o f the
most advanced countries.
Resolutions of the International Prepared at The Hague 2 (1889).
1. It is expedient fo r labor organizations and socialist parties both o f the Old
W orld and the New to strive for international labor legislation and to support
the Swiss Republic in the intergovernmental conference called at Bern for this
purpose.
2. This international legislation, in order to protect the existence and liberty
o f labor, in order to reduce unemployment, and to make the crises o f overpro
duction o f rare occurrence, must, first o f all, take up the follow ing points :
A. Prohibition o f child labor under 14 years o f age, and the reduction o f the
workday to six hours fo r young persons between 14 and 18 years o f a g e ;
B. Limitation o f the workday o f adults to eight h ours;
C. Compulsory weekly rest or prohibition to employers o f the employment o f
labor more than six days in seven;
D. Prohibition of night work, except in certain cases to be determined in ac
cordance with the necessities o f modern mechanical production ;
E. Prohibition o f certain kinds o f industry and o f certain methods o f manu
facture prejudicial to the health o f the workers ;
F. Establishment o f an international minimum wage equal fo r the workers
o f both sexes.
1 E x tr a c ts from its rules.
* L. C h a tela in : L a p r o t e c t i o n I n t e r n a t io n a le ouvri&re, pp. 2 1 , 2 2 .
See a n t e , p. 32 .
213
214
SURVEY . OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
3.
For the enforcement o f the above provisions, there shall be appointed
national and international inspectors chosen by the workers and paid by the
State.
The election o f the international inspectors shall be notified through diplo
matic channels and within the space o f a month to the different contracting
l/owers.
These inspectors, to the number o f ---------- per country and appointed for
---------- years, shall have authority to enter at all times every shop, mill, factory,
yard, etc., to ascertain violations, make official report, and bring offenders to
justice.
This control shall be extended to home manufacturing fo r the same reason
o f social hygiene fo r which the right o f inspection has been given to the com
mittees on unsanitary dwellings.
The Resolutions of the International Against W ar (1867-1910) •
L a u s a n n e , 1867.
The congress o f the International Workingmen’s Association assembled at
Lausanne, considering:
The war principally affects the laboring classes, in that it not only deprives
them o f the means o f existence, but forces them to shed the blood o f the w ork ers;
That armed neutrality paralyzes the productive forces, demands from labor
only useless work, and intimidates production by placing it under the menace o f
w ar;
That peace, the primary condition o f the general well-being, must be consoli
dated by a new order o f things which will no longer recognize tw o classes in
society, the one exploited by the other;
That .the first and principal cause of war is pauperism and the lack o f
economic balance;
That in order to do away with war, it will not suffice to disband the armies,
but also the social organization must be modified, by means o f a more equitable
division o f production;
Decides to adhere fu lly and entirely to the Peace Congress w hich w ill as
semble on September 9, at Geneva, if it accepts the declaration above stated, to
uphold it vigorously and to participate in everything it may undertake in order
to realize the abolition o f standing armies and the maintenance o f peace, with
the object o f arriving as quickly as possible at the emancipation o f the laboring
classes and their enfranchisement from the power and influence o f capital, as well
as o f attaining the form ation o f a confederation o f free States in the whole
o f Europe.
B r u s s e l s , 1868.
The congress considering that justice should reign in the relations between
natural groups, peoples, nations, as well as among citizens; that the primordial
cause o f w ar is the lack o f economic balance; that war has ever been the
reason o f the strongest and not the sanction o f the r ig h t;
That it is only a means o f subordination o f nations by the privileged classes
or the government representing them ;
That it strengthens despotism, kills liberty (as proved by the last wars o f
Italy and Germany) ;
That spreading mourning and ruin in families, and dem oralization whereever the army concentrates, it maintains and also perpetuates ignorance and
m isery;
PROPOSALS POR IN T E R N A T IO N A L A C TION .
215
That the gold and the blood o f nations have only served to uphold among
them the savage instincts o f man in a state o f n atu re;
That in a society founded on labor and production force can only be put in
the service o f liberty and justice o f everyone; that it can only be a guaranty
and not an oppression, were it only fo r one member o f the social b o d y ;
That in the present state o f Europe, the Governments do not represent the
legitimate interests o f w orkers;
That if the permanent and principal cause o f w ar is the lack o f economic
balance, and can therefore only be removed by social reform, it has none the
less an auxiliary arbitrary cause resulting from the centralization o f despotism ;
That the people can even now diminish the number o f w ars by opposing
those who make and declare w a r;
That it concerns above all the w orking classes, who are almost exclusively
subject to m ilitary service and they alone can sanction w a r ;
That to do this there is a practical and legal means which can be immediately
acted upon;
That as the politic body could not go on fo r any length o f time i f produc
tion were stopped, it would suffice for the workingman to strike in order to
render impossible the enterprises o f personal and despotic governments;
The International W orkingmen’s Association congress, assembled at Brussels,
protests most energetically against war.
It recommends to all the sections o f the association in their respective
countries as well as to all workingmen’s societies, and to all labor groups to
act with the greatest activity to prevent a war, which to-day could only be
considered as a civil w ar because, waged between producers, it would be noth
ing more than a struggle between brothers and citizens.
The congress recommends above all to workers to cease work in case a w ar
be declared in their country.
The congress counts upon the spirit o f solidarity which animates the work
ingmen o f all countries and entertains a hope that means w ould not be want
ing in such an emergency to support the people against their Government.
L ondon,
1888.
Considering that the great armaments o f the Governments o f Europe are a
permanent menace to the w orld’s peace, and do great harm to the working
class, the congress requests the dem ocracies o f the various countries to give
instructions to their deputies to substitute the principle o f arbitration for war
in order to solve the differences between the Governments.
P a r is ,
1889.
The International Socialist Labor Congress o f Paris considering:
That the standing army or the armed force in the service o f the ruling or
possessing class, is the negation o f all dem ocratic or republican regime, the
m ilitary expression o f the m onarchic or oligarchic and capitalist regime, an
instrument of reactionary coups d’etat and social oppression;
. That, result and cause o f the system o f aggressive wars, constant danger o f
international conflicts, the standing army, and the offensive policy o f which it
is the organ, must give place to the defensive and pacific policy o f democracy,
to the organization o f the whole nation drilled and armed, not fo r pillage and
conquest, but to safeguard its independence and its lib e rty ;
That the standing army, incessant cause of war, is, as history proves, inca
pable o f defending a country against the superior forces o f a coalition and its
216
SURVEY OF IN TE R N A TIO N A L ACTION AFFECTIN G LABOR.
defeat leaves the country disarmed, at the mercy o f the conquerors, while a
nation prepared, organized, armed, would be inaccessible to invasion;
That a standing army is the disorganization o f all civil life, taking from
every nation the flower o f its youth in order to shut it up in barracks, dem oral
ize it, at the period o f apprenticeship, study, greater activity, and a ction ;
That thus work, science, and art are sterilized, arrested in the flight; the
citizen, the individual, the fam ily are hurt in their very existence, in their
developm ent;
That, on the other hand, in a really national army, or armed nation, the
citizen follow s up the development o f his aptitudes, his faculties in the national
life, he executes his military duties as a necessary attribute o f his capacity
as a citizen;
Considering that the standing army, by the charges o f the continuously
accrued w ar debt, by the ever-increasing imposts and loans that it brings about,
is a cause o f misery and r u in :
Resolutely repudiates the bellicose proposals entertained by the Governments
at their evil ends;
Declares that peace as a primary condition is indispensable to all labor
em ancipation;
And demands, w ith the abolition o f standing armies, the general arming of
the people on the follow ing lin e s :
The national army or the armed nation form ed o f all available citizens,
organized by districts in such a way that each town, each canton, has its own
battalion composed o f citizens who know each other, assembled, armed, equip
ped, and ready to march, if necessary, in 24 hours. Each one shall keep his
own rifle and equipment, as in Switzerland, for the defense o f public liberty
and national security.
Moreover, the congress declares that war, fatal outcome o f the present
economic conditions, w ill only disappear entirely with the disappearance o f the
capitalist order, with the emancipation o f labor, and the international triumph
o f socialism.
B r u s s e l s , 1891.
The congress declares that militarism, which lies heavy on Europe, is the
fatal result o f the permanent state o f open and latent war, imposed on society
by the regime o f the exploitation o f man by man and the class struggle which
is the consequence o f th is;
Declares that all attempts to obtain the abolition o f militarism and the es
tablishment o f peace among the nations— however generous be their inten
tions— can only be utopian and powerless if they do not touch the economic
sources o f the e v il;
That only the creation o f a socialist order putting an end to the exploitation
o f man by man w ill put an end to militarism and assure permanent p ea ce;
That, consequently, it is the duty o f all those who wish to finish with war to
join the International Socialist Party which is the true and only party of
peace.
Therefore the congress in view o f the situation in Europe, which daily be
comes more threatening, and o f the chauvinist inciting of. the governing classes
in the various countries, calls on all w orkers to protest by means o f unceasing
agitation against all desire for war and against the alliances which fav or such,
and to hasten, by the development o f the international organization o f the pro
letariat, the triumph o f socialism ;
Declares that it is the only means capable o f averting a general war, the
expenses o f which all workers would have to bear;
PROPOSALS FOR IN T E R N A T IO N A L ACTION .
217
And in any case, intends, in the presence o f history and humanity, to throw
all responsibility o f whatever happens on to the ruling classes.
Z u r ic h ,
1893.
The position o f workingmen in case o f war is defined in precise manner by
the resolution o f the Brussels Congress on militarism. The international revo
lutionary socialist democracy in every country must rise with all its force
against the chauvinist appetites o f the ruling classes; it must consolidate ever
more closely the bands o f solidarity between workers in every cou n try; it must
work unceasingly, to conquer capitalism which divides humanity into two
great hostile camps and stirs up the people against each other.
W ith the disappearance o f the domination o f the classes, war w ill likewise
disappear. The fall o f capitalism means universal peace.
The representatives o f the labor party in the deliberating meetings must re
pulse all military credits; they must protest unceasingly against standing
armies and demand disarmament. The whole o f the Socialist Party must lend
its support to all associations whose object is universal peace.
L ondon,
1896.
Under capitalism the chief causes o f war are not religious or national differ
ences, but economic antagonisms, into which the exploiting classes of the vari
ous countries are driven by the system o f production fo r profit.
Just as this system sacrifices unceasingly the life and health o f the working
class on the battlefield o f labor, so it has no scruple in shedding their blood
in search o f profit by the opening up o f new markets.
The working class o f all countries should rise up against military oppression
on the same ground that they revolt against all other form s o f exploitation
under which they are victimized by the possessing class.
To attain this object they must acquire political power so as to abolish the
system o f capitalist production and simultaneously refuse, in all countries, to
Governments which are the instruments of the capitalist class, the means o f
maintaining the existing order o f things.
Standing armies, whose maintenance even in times o f peace exhausts the
nation, and the cost of which is borne by the working class, increase the dan
ger o f w ar between nations, and at the same time favor the brutal oppression
o f the proletariat o f the world. This is why the cry “ Lay down your a rm s! ”
is no more listened to by the capitalist classes than the other appeals to humani
tarian sentiments which are raised.
The working classes alone have the serious desire, and they alone possess the
power, to realize universal peace.
They dem and:
1. The simultaneous abolition o f standing armies and the establishment o f a
national citizen fo r c e ;
2. The establishment o f an international tribunal o f arbitration, whose deci
sion shall be final;
3. The final decision on the question o f w ar or peace to be vested directly in
the people in cases where the Governments refuse to accept the decision o f the
tribunal o f arbitration;
And they protest against the system o f secret treaties.
The working class w ill only attain these objects by securing the control o f
legislation and by entering into an alliance with the international socialist
movement, whereby peace may be finally assured, and the real fraternity o f
peoples permanently established.
218
SURVEY OF IN T E R N A T IO N A L ACTIO N AFF E C TIN G LABOR.
P a e is ,
1900.
The congress declares that it is necessary in every country to engage w ith
renewed zeal, energy, and vigor in the daily struggle against militarism, and
especially to oppose to the alliance o f the bourgeoisie and the imperial Govern
ments, the alliance o f the proletariat o f every country.
The congress points out as mode o f procedu re:
1. Various Socialist parties are engaged in carefully propagating the educa
tion and the organization o f the young with a view to opposing m ilitarism ;
2. Socialist deputies in every country undertake to vote against all m ilitary
expenses and all expense fo r the fleet and fo r colonial m ilitary expeditions;
3. The permanent international socialist commission w ill start and organize
in all cases o f international importance a movement o f protest and o f anti
militarist agitation, which shall be uniform and simultaneous in every country.
The congress protests against the so-called peace conferences like that o f
The Hague, which, in the present state o f society, can only end in annoying
disappointments, as has been shown lately by the w ar in the Transvaal.
Stuttgart,
1907.
The congress confirms the resolutions passed by the form er international
congresses against militarism and imperialism, and it again declares that the
fight against militarism can not be separated from the socialist struggle o f
classes as a whole.
W ars between capitalistic States are as a rule the consequence o f their com
petition in the w orld’s market, for every State is eager not only to preserve
its markets, but also to conquer new ones, principally by the subjugation o f
foreign nations and the confiscation o f their lands. These wars are further
engendered by the unceasing and ever increasing armaments o f militarism,
which is one o f the principal instruments fo r maintaining the predominance of
the bourgeois classes and fo r subjugating the working classes politically as
well as economically.
The breaking out o f wars is further favored by the national prejudices sys
tem atically cultivated in the interest o f the reigning classes in order to turn
off the masses o f the proletariat from the duties o f their class and o f interna
tional solidarity.
W ars are therefore essential to capitalism ; they w ill not cease until the
capitalistic system has been done away with, or until the sacrifices in men and
money required by the technical development o f the military system and the
revolt against the armaments have become so great as to compel the nations
to give up this system.
Especially the working classes, from which the soldiers are chiefly recruited,
and which have to bear the greater part o f the financial burdens, are by nature
opposed to war, because it is irreconcilable with their aim, the creation o f a
new economic system founded on a socialistic basis and realizing the solidarity
o f the nations.
The congress therefore considers it to be the duty o f the working classes,
and especially o f their parliamentary representatives, to fight with all their
might against the m ilitary and naval armaments, not to grant any money for
such purposes, pointing out at the same time the class character o f bourgeois
society and the real motives for keeping up the antagonisms between nations,
and further to imbue the young people o f the working classes with the socialist
spirit o f universal brotherhood and with class consciousness.
The congress considers that the democratic organization o f national de
fense, by replacing the standing army by the armed people, w ill prove an
PROPOSALS FOR IN T E R N A T IO N A L ACT IO N .
219
effective means fo r making aggressive wars impossible, and fo r overcoming
national antagonisms.
The International can not lay down rigid form ulas fo r the action o f the
working classes against militarism, as this action must o f necessity differ ac
cording to the time and the conditions o f the various national parties. But it
is its duty to intensify and to coordinate as much as possible the efforts o f the
working classes against militarism and against war.
In fact, since the Brussels Congress, the proletariat in its untiring fight
against militarism, by refusing to grant the expenses fo r m ilitary and naval
armaments, by democratizing the army, has had recourse with increasing
vigor and success to the most varied methods o f action in order to prevent the
breaking out o f wars, or to end them, or to make use o f the agitation o f the
social body caused by a w ar fo r the emancipation o f the working classes; as
for instance, the understanding arrived at between the English and the French,
trade-unions after the Fashoda crisis, which served to assure peace and to re
establish friendly relations between England and F ran ce; the action o f the
Socialist parties in the German and French Parliaments during the M orocco
c r is is ; the public demonstrations organized fo r the same purpose by the
French and German Socialists; the common action o f the Austrian and Italian
Socialists who met at Trieste in order to w ard off a conflict between the tw o
States; further, the vigorous intervention o f the socialist workers o f Sweden
in order to prevent an attack against N orw a y ; and lastly, the heroic sacrifices
and fights o f the masses o f socialist workers and peasants o f Russia and Po
land rising against the war provoked by the Government o f the Czar, in order
to put an end to it and to make use o f the crisis for the emancipation o f their
country and o f the working classes. All these efforts show the growing power
o f the proletariat and its increasing desire to maintain peace by its energetic
intervention.
The action o f the working classes w ill be the more successful the more the
mind o f the people has been prepared by an unceasing propaganda, and the
more the labor parties o f the different countries have been stimulated and
drawn together by the International.
The congress further expresses its conviction that under the pressure exerted
by the proletariat the practice o f honest arbitration in all disputes w ill take
the place o f the futile attempts o f the bourgeois Governments, and that in this
w ay the people w ill be assured the benefit o f universal disarmament which
will allow the enormous resources o f energy and money wasted by armaments
and by wars to be applied to the progress o f civilization.
In case o f war being imminent, the working classes and their parliamentary
representatives in the countries concerned shall be bound, with the assistance
o f the International Socialist Bureau, to do all they can to prevent the break
ing out o f the war, using fo r this purpose the means which appear to them the
most efficacious, and whidh must naturally vary according to the acuteness o f
the struggle o f classes, and to the general political conditions.
In case w ar should break out notwithstanding, they shall be bound, to in
tervene for its being brought to a speedy end, and to employ all their forces
fo r utilizing the economical and political crisis created by the war, in order
to rouse the masses o f the people and to hasten the downfall o f the predominance
o f the capitalist class.
C openhagen,
1910.
The congress declares that the armaments o f the nations have alarmingly
increased during recent years in spite o f the peace congresses and the pro
testations o f peaceful intention on the part o f the Governments. Particularly
220
SU RVEY OF IN T E R N A T IO N A L ACTION AFFECTIN G LABOR.
does this apply to the general movement o f the Governments to increase the
naval armament, whose latest phase is the construction o f “ dreadnaughts.”
This policy leads not only to an insane waste o f national resources fo r unpro
ductive purposes and therefore to the curtailment o f means fo r the realization
o f necessary social reform s in the interest o f the working class, but it also
threatens all nations with financial ruin and exhaustion through the insup
portable burdens o f indirect taxation.
These armaments have but recently endangered the peace o f the world, as
they always will. In view o f this development which threatens all achieve
ments o f civilization, the well-being o f nations, and the very life o f the masses,
this congress reaffirms the resolutions o f the form er international congresses
and particularly that o f the Stuttgart Congress.
The workers o f all countries have no quarrel or difference which could lead
to war. Modern w ars are the result o f capitalism, and particularly of rival
ries o f the capitalist classes o f the different countries fo r the w orld market,
and o f the spirit o f militarism, which is one o f the main instruments o f capital
ist class rule and o f the economic and political subjugation o f the working
class. W ars will cease completely only with the disappearance o f the capital
istic mode o f production. The working class which bears the main burdens o f
war and suffers most from its effects, has the greatest interest in the pre
vention o f wars. The organized socialist workers o f all countries are there
fore the only reliable guaranty o f universal peace. The congress therefore
again calls upon the labor organizations o f all countries to continue a vigor
ous propaganda o f enlightenment as to the causes o f war among all workers
and particularly among the young people in order to educate them in the spirit
o f international brotherhood.
The congress, reiterating the oft-repeated duty o f socialist representatives in
the parliaments to combat militarism with all means at their command and to
refuse the means fo r armaments, requires from its representatives :
(a) The constant reiteration o f the demand that international arbitration be
made compulsory in all international disputes.
(&) Persistent and repeated proposals in the direction of ultimate complete
disarmament, and above all, as a first step, the conclusion o f a general treaty
lim iting naval armaments and abrogating the right o f privateering.
(c )
The demand for the abolition o f secret diplomacy and the publication o f
all existing and future agreements between the Governments.
{cl) The guaranty o f the independence o f all nations and their protection
from military attacks and violent suppression.
The International Socialist Bureau will support all socialist organizations in
tlieir fight against militarism by furnishing them with the necessary data and
inform ation and will, when the occasion arrives, endeavor to bring about
united action. In case o f warlike complications, this congress reaffirms the
resolution o f the Stuttgart Congress, which reads: *
In case o f war being imminent, the working classes and their parliamen
tary representatives in the countries concerned shall be bound, with the as
sistance o f the International Socialist Bureau, to do all they can to prevent
the breaking out o f the war, using for this purpose the means which appear
to them the most efficacious, and which must naturally vary according to the
acuteness o f the struggle o f classes, and to the general political conditions.
In case war should break out notwithstanding, they shall be bound to in
tervene for its being brought to a speedy end, and to employ all their forces
fo r utilizing the economic and political crisis created by the war, in order to
rouse the masses o f the people and to hasten the downbreak o f the predomi
nance o f the capitalist class.
PROPOSALS FOR IN T E R N A T IO N A L A CTION .
221
For the proper execution o f these measures the congress directs the bureau,
in the event o f a w ar menace, to take immediate steps to bring about an agree
ment among the labor parties o f the countries affected for united action to
prevent the threatened war.
In all cases o f threatened conflict between two or more countries, if there
happened to be any hesitation or delay o f decision on the side o f their consulted
national parties, the secretary o f the International Socialist Bureau at the
request o f at least one working class concerned shall urgently convoke the
International Socialist Bureau and the Interparliamentary Commission who
shall immediately meet either in Brussels or in any place which would appear
most convenient according to circumstances.
TRADE-UNION CONGRESSES.
Resolutions of the International Congress at Zurich, 1897.1
Su n d a y R est.
The follow ing resolutions as respects Sunday work were unanimously
adopted by the countries represented, with the exception o f Great Britain.
The Congress for Labor Protection at Zurich dem ands:
1. The prohibition o f Sunday work fo r all classes o f workers and em ployees;
it demands, also, effective punitive measures for violation o f this prohibition.
2. Exceptions may not be authorized except in the case o f work which is
indispensable to assure the continuation o f work the technical nature o f which
does not permit o f interruption, as well as w ork the continuation o f which
is necessary in order that the workers may use Sunday for the improvement
o f their knowledge and for recreation. In no case, however, may the Sunday
rest be interrupted on the pretext that it may mean a decrease o f production.
3. The granting o f exceptions to the prohibition o f Sunday work may not be
left to the discretionary pow ers o f officials and employees, and may not be left
to indefinite interpretation, but must be fixed in the text o f the law itself.
4. W orkers and employees who by reason o f the exceptions allowed shall be
authorized to work on Sundays have the right to claim one Sunday in two as
a rest day and one day o f rest during the week.
5. The Sunday rest or the rest period accorded during another day o f the
week shall include an uninterrupted rest period o f at least 36 hours.
E m p l o y m e n t o f C h il d r e n a n d Y o u n g P e r s o n s .
The congress by a large m ajority accepted the follow ing resolutions re
specting the employment o f children and young persons.
1. All employment fo r hire o f children is prohibited fo r those under 15
years o f age. Up to the age o f 15, all children are required to attend school.
2. Young persons and apprentices 15 to 18 years o f age may not be em
ployed more than eight hours per day. A rest period o f at least h alf an hour
shall be interposed after each fou r hours o f consecutive work.
3. The time necessary to attend continuation schools as w ell as general
trade schools shall be comprised within the hours o f labor.
4. On Sundays and holidays all w ork for hire is prohibited to young persons
and apprentices.
1 Internationaler Kongress fur Arbeiterschutz in Ziirich, 1897.
Amtlicher Bericht des
Organisationskomitees, Zurich, 1898, pp. 1 4 1 -1 4 6 ; La Revue Socialiste, Paris, 1897, vol.
2 6 , pp. 4 4 4 -4 6 0 .
See ante, p. 68.
222
SU RVE Y OF IN T E R N A T IO N A L ACTION A FF E C TIN G LABOR.
E m p lo y m e n t of W o m e n .
1. The International Congress fo r the Protection o f Labor, held at Zurich,
demands effective legislation applicable to all women w orkers and all women
employees in large and small scale industries— handicraft, commerce, trans
portation, postal telegraph and telegraph systems, and domestic industries.
2. As a basis fo r this protective legislation, the congress demands a maximum
workday o f eight hours and a maximum week o f 44 hours for women workers
and employees.
W ork shall cease at noon on Saturday in such manner that an uninter
rupted rest o f at least 42 hours shall be assured to them until Monday morn
ing.
3. It shall be absolutely prohibited to employers to give to workers and em
ployees work to take home, once the day’s work has ceased*
4. During the period o f confinement there shall be granted a period o f eight
weeks altogether during which women may not be admitted to work in fa c
tories. They may not be rehired in the factories until they have been out at
least six weeks from the time o f confinement.
Provisions o f law shall determine the branches o f work in which pregnant
women may not be employed.
During this interruption o f work the women shall receive from the State or
from the municipality an amouut of compensation which shall in no case be
less than the ordinary wage.
5. The congress demands, for all women in agriculture and all agricultural
laborers and domestic servants, the abolition o f all laws and rules which create
an exceptional status fo r such workers as compared with other wage earners,
(law s and rules concerning domestic servants, prohibiting the right o f com
bination, organization and association). The laws and special rules o f pro
tection shall be drafted in conform ity with the spirit o f the demands enumer
ated above.
6. The congress sees in domestic industry a type o f work which exercises an
evil influence both socially and hygienically and which at the same time is a
great obstacle to labor organization and the creation o f an effective system o f
labor legislation.
The congress, therefore, refers this fo r more thorough discussion to a subse
quent congress.
7. The congress demands that fo r equal w ork women shall receive an equal
wage, and therefore invites its members immediately to call npon the public
authorities to put this principle into force whenever occasion shall present itself.
E m p lo y m e n t of A du lt M a le s.
1. The International Congress for the Protection o f Labor declares as abso
lutely necessary the introduction o f a legal maximum working-day for all
workmen and employees in industries, commerce and transportation, large
scale agriculture, as well as on State and municipal work.
In agriculture exceptions may be allowed at the time o f the harvest.
2. Having regard to the actual technical situation and the experiences had in
several countries and in a number o f occupations in reducing the day to nine
or as low as eight hours the congress demands o f Governments and legislatures
that they work fo r the introduction o f the eight-hour day.
3. W herever the change to this day does not seem possible at the moment,
there shall be ordered in its stead a maximum working day approaching as
near as possible to eight hours, so as to facilitate the transition to accord with
PROPOSALS FOR IN T E R N A T IO N A L A C T IO N ,
223
the progress o f technical development, as fa r as possible, and where the cir
cumstances permit, legislation shall establish the same maximum hours o f
labor fo r all industries.
N ig h t W o r k .
1. Night work, that is to say, w ork comprised within the hours o f 8 p. m. and
6 a. m. is alike prohibited to workers o f every age and to both sexes.
Exceptions may not be permitted except in the case o f adult males and in
cases in which technical conditions require continuous operation. The same
is true in establishments in which the particular operation can only be com
pleted by night work. The w orkers may be compelled only to do the same
amount o f work as by day.
Industries in which night w ork may be authorized fo r the reasons stated
above shall be explicitly enumerated in the law.
2. Additional work shall not be authorized either in the case o f children,
young persons o f both sexes below 18 years o f age, or fo r women. W herever
such supplementary work is authorized as exceptional in the case of men, it
shall not be continued fo r a longer number o f hours than the law designates as
the hours o f night work.
The exceptional and temporary extension o f the hours o f labor may only be
permitted in case the w ork o f the establishment has been interrupted by unfore
seen circumstances (force majeure, accidents), and provided that this inter
ruption is o f a nature to cause the employer or the workers a serious and
material injury.
An authorization to work additional hours shall not be granted by reason
o f a desire to increase output.
3. In those branches o f industry which by their nature require continuous
operation there shall be form ed three shifts each o f eight hours with changes
in the shifts at fixed periods.
In order that the w orkers may be able to enjoy a Sunday rest o f 24 hours,
there shall be organized on Sunday a special shift to relieve the others.
W o rk in
E s t a b l is h m e n t s I n j u r io u s to H e a l t h .
1. Establishments dangerous to health shall in each country be specified in a
schedule prepared as a special order.
2. Authorization to conduct an establishment in an industry dangerous to
health shall only be permitted after all possible measures required by law and
order shall have been taken to abolish or diminish the dangers as fa r as possi
ble. It shall be required, in general, tjiat the technical arrangement and man
ner o f production shall be carried out in such way, as fa r as the development
o f science permits, that the injurious substance may not enter the respiratory
organs o f the workers.
3. Children and young persons under 18 years o f age and women shall not
be employed in occupations dangerous to health, nor underground in mines, i.
e., (surface work, underground w ork.)
This prohibition is absolute.
4. In establishments dangerous to health the length o f the working-day
shall be less than the legal duration o f the normal workday. The reduction
shall be proportional to the degree o f danger in the establishment. The w ork
day in such industries shall not in any case exceed eight hours.
5. In industries dangerous to health the worker shall be subject to oflicial
periodical medical inspection.
6. Employers are absolutely responsible fo r every threat to health and life
o f employees working in establishments dangerous to health.
224
SU RVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
7.
In industries presenting inevitable dangers to health and where technical
development furnishes no means for avoiding such dangers, the use o f injurious
substances shall be absolutely prohibited.
Decisions of International Trade-Union Conferences1 (in force in 19 11) .
I n t e r n a t io n a l R e l a t io n s .
Recognizing that a closer bond o f unity should exist between the national
trade-union organizations o f the various countries and that such unity can
best be fostered by an intimate knowledge o f the progress o f the movement in
the various countries, the organizations represented at this conference agree
to forw ard a yearly report on the movement in their respective countries to
the secretary, the secretary to have these reports printed, forw arding two
copies o f the reports to every federation. (Dublin, 1903.)
The International Conference o f the National Secretaries o f Trade-Union
Centers designates an ‘ ‘ international secretary o f the national centers o f
trade-unions ” whose duty it shall be to keep in constant touch w ith all na
tional centers, to prepare the yearly report o f the national secretaries and to
forw ard this report in the official languages (English, French, German) to the
various national centers. (Dublin, 1903.)
The international report of the trade-union movement shall be published not
later than at the end o f the year follow ing the year under review, whether the
national organizations affiliated to the International Secretariat o f National
Trade-Union Centers have forwarded their reports in time or not. (Budapest,
1911.)
Resolved, That it be a recommendation to all national centers, to prepare
their strike statistics on uniform lines and to induce the authorities in such
countries, where these statistics are prepared by the authorities, to do the
same. (Paris, 1909.)
Only one national center o f trade-unions w ill be recognized for each country
and only representatives o f this national center w ill be admitted to the inter
national conferences. (Stuttgart, 1902.)
Resolved, That the International Secretariat when receiving any document
from any source other than an affiliated national center, in which the integrity
or character o f a particular national center is assailed, that a copy o f the docu
ment shall be forw arded to the official representative o f the national center
interested. In the event o f an answer being made by the proper authorities o f
the national center and received by the International Secretariat, the latter
officer shall retain the same. I f the proper authorities o f the national center
interested enter valid objection to the dissemination o f the original document,
it shall be held by the International Secretariat and reported to the next con
ference o f the International Secretariat which may order both documents sent
1 Eighth report o f the trade-union movement, 1910. Published by the international
secretary o £ the National Trade-Union Centers. Berlin, 1911. pp. 44-48.
PROPOSALS FOR IN T E R N A T IO N A L ACTION .
225
to the various affiliated national union centers with such opinion or judgment
as the conference o f the International Secretariat may determine. (B uda
pest, 1911.)
The fifth international conference is o f opinion that fo r general reasons of
solidarity as well as fo r reasons o f prudence in view o f the rapid growth of
the employers’ combinations, the separate trade-unions should affiliate to their
respective federations in their own country and that, fo r the very same rea
sons, those federations should affiliate with their respective national tradeunion center.
This first and principal duty being carried out, and only then, this confer
ence advises the separate federations o f every country to federate with their
respective federations o f all other countries, thereby securing a greater and
much better support o f important labor struggles than could be given by their
national center alone. At the same time this w ill also help to further inter
national brotherhood and solidarity among the workers. (Christiania, 1907.)
The unity o f the labor movement becomes more and more necessary in view
o f the ever and rapidly centralizing employers’ movement. The representa
tives o f the trade-unions, whose mission it is to defend and safeguard the in
terests o f the proletariat, fervently desire that the present state o f affairs,
viz, the disunion o f the labor forces, be removed.
For the purpose o f achieving its final ends, the trade-union movement should
include, on the economical field o f the class war, wage earners o f all shades.
The representative o f the French C. G. T. therefore invites the delegates o f
the proletariat of all countries, assembled at the seventh international con
ference, to pledge themselves that they will do all in their power while leav
ing all questions o f personalities aside, in order to bring about the unity o f the
la b o r m o v e m e n t in their re sp e c tiv e c o u n trie s.
(Budapest, 1911.)
This international conference at Budapest, renewing the decision o f the
Christiania conference in 1907 that all trade-unions should join their respec
tive national center, invites the international trade federations and secre
tariats to admit only those unions who are members o f their own national
center o f trade-unions, and further to bring pressure to bear upon the non
affiliated unions in order to induce them to join the national center o f their
country. (Budapest, 1911.)
This conference is o f the opinion that members o f trade-unions affiliated to
their respective national center must be admitted to the trade-unions o f their
calling in other countries if they produce their members’ books and notice o f
departure from their old organization.
I f no other agreements between the respective federations are in existence,
then the follow ing conditions w ill be in force in such cases :
(a)
The entrance fee paid into the first organization w ill be taken into
account. In case the entrance fee should be higher in the new organization
that difference can be charged.
(&) The transferred member w ill obtain the same rights and privileges as
the old members o f that particular union enjoy according to the amount o f
143445°— 20— Bull. 268------ 15
226
SU RVE Y OF INTERNATIONAL. ACTION AFF E C TIN G LABOR.
subscriptions he has paid until then in his old union; the time o f membership
booked in the new organization, however, cannot surpass [exceed] the time he
[it] has been organized, even i f the subscriptions paid hitherto were higher.
The delegates present at the conference promise to submit those conditions
o f transfer to the next meeting o f their respective organizations and there
support the same. (Christiania, 1907.)
Resolved, That the Budapest International Conference recommends to the
trade-union centers o f all countries the discussion o f the proposition o f estab
lishing an international federation o f labor, the autonomy o f the trade-union
movement o f each country being ordained and guaranteed, the purpose o f the
federation being the protection and advancement o f the rights, interests, and
justice o f the wage-workers o f all countries and the establishment o f inter
national fraternity and solidarity. (Budapest, 1911.)
I n t e r n a t io n a l C o n f e r e n c e s .
The secretaries o f the national centers affiliated to the International Sec
retariat, i. e., the delegates nominated by the national trade-union centers or
elected by the affiliated trade-unions will meet together every two years fo r a
conference.
It is the object o f such conferences to consider the closer union o f the tradeunions o f all countries, uniform trade-union statistics, mutual help in economic
struggles, and all questions in direct connection with the trade-union organiza
tion o f the workers.
All theoretical questions and those which affect the tendency or tactics o f the
trade-union movement in the separate countries w ill not be discussed. (Paris,
1909.)
I n t e r n a t io n a l A s s is t a n c e i n C a s e of N ee d .
(а) The International Secretariat shall only then take part in any appeal
for monetary help, if at the same time, several trade or industrial federations
o f a country are engaged in industrial disputes, and if the necessary funds
can neither be raised in this country alone nor by the international trade fed
erations to which the unions engaged in the struggle are affiliated. Under
exceptional circumstances the International Secretariat shall be authorized to
issue an appeal fo r help, i f the number o f workers o f a certain trade engaged
in industrial disputes is so great that the financial means at their disposal,
derived from their own country or from the International Secretariat, are not
adequate.
(б ) An international appeal shall only be issued by the secretariat, if the
follow ing conditions have been complied w ith :
1. The national center to which the federation in want o f help is affiliated,
should forw ard a form al demand with fu ll explanations, to the International
Secretariat. This demand must contain a brief report on the cause and de
velopment o f the dispute and a review on the numerical and financial strength
o f the unions in want o f assistance.
2. These organizations must be affiliated to some national center represented
at the International Secretariat, if this should not be impossible on account
o f the political situation in that particular country.
3. International assistance shall only be continued in the case o f those or
ganizations who regularly provide the International Secretariat with inform a
tion as to the development o f the movement, and if they, at the same time,
PROPOSALS FOR IN T E R N A T IO N A L A C TIO N .
227
undertake to publish a financial report on the movement, after the dispute
has been settled.
(c ) The International Secretariat shall issue an appeal for help i f the condi
tions in paragraph (&) have been complied with. The letter o f appeal addressed
to the national centers should contain a brief statement as to the reasons for the
appeal, the advice o f the International Secretariat, and, further, as far as this
may be possible, suggestions as to the manner in which best to conform with
the desire o f the applicants.
( d ) It shall be incumbent upon the International Secretariat to keep those
centers who favorably reply to the appeal constantly or from time to time in
form ed as to the actual situation of the movement, and to see that in every
case a financial report on the cost of the movement be submitted, as soon as
possible, to those national centers.
(e) All funds to be forw arded to the International Secretariat, which at the
end o f the movement issues a financial statement showing the income and ex
penditure fo r this dispute. (Budapest, 1911.)
I m m i g r a t i o n o f F o r e ig n W o r k e r s .
Resolved, That it shall be the purpose of the labor movement o f all coun
tries to endeavor to the fullest extent to prevent the workers from one country
being induced to emigrate to other countries during periods o f industrial de
pression or when trade disputes exist or are in contem plation; that it shall be
the duty o f the recognized representatives o f the labor movement o f the coun
try affected to notify the international secretary, who in turn shall at once
communicate the situation to the representatives o f the trade-union movement
of each country. (Budapest, 1911.)
I m p o r t a t io n o f B l a c k l e g s .
This conference strongly condemns such workers and these groups o f w ork
ers that are taking the places o f other workers in disputes in other countries.
Because the employers now avail themselves o f such workers in foreign coun
tries, this conference urges upon the various national trade-union centers to
pay special attention to this question. The national center o f such country
where scabs are engaged should make an effort to make the names o f such
scabs known all over the coun try; they should be looked upon and treated
the same as the scabs working at home.
This conference furthermore recommends that the social dem ocratic parties
o f all countries should be urged upon to propose proper legislation that will
make the importation o f scabs impossible. (Christiania, 1907.)
This congress condemns the action o f those workers who have engaged them
selves to cosmopolitan syndicates for the purpose o f interfering in foreign
labor disputes, because such action militates against the best interest of the
w orkers themselves, and helps to destroy the growing spirit o f mutual soli
darity. It deprecates also the action o f those men who being engaged as sea
men undertake the work o f dockers during labor disputes.
It also welcomes the attempts o f the British Labor Party to secure the appli
cation o f the principles o f the foreign enlistment act to such as organize
blackleg expeditions to other States. (Paris, 1909.)
228
SU RVE Y OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
A b o l it i o n o r N i g h t W o r k .
This conference invites the representatives o f the working classes in all
parliaments to do all in their power in order to get bills passed prohibiting
night work in all industries where it is not absolutely necessary. (Budapest,
1911.)
H ome W ork.
The regulation o f home work by law shall be taken into consideration, just
as has been the case with factory work. (Paris, 1909.)
IN T E R N A T IO N A L A S S O C IA T IO N F O R L A B O R L E G IS L A T IO N .
Constitution of the International Association for Labor Legislation, Adopted at Paris, 1900.1
A r t i c l e 1. There is hereby organized an International Association for Labor
Legislation. The seat o f the association is in Switzerland.
A r t . 2. This association has for its o b je c t:
1. The bringing together o f those who in the different industrial countries
consider protective legislation o f working people as necessary.
2. The. organization o f an International Labor Office which w ill have for its
mission the publication, in French, German, and English, o f a periodical col
lection o f the labor legislation in all countries, or to lend its cooperation to
such a publication.
This collection w ill com prise:
(a)
The text or a resume of all laws, regulations, and decrees in force re
lating to the protection of the working people in general, particularly woman
and child labor, the limitation o f the hours of labor o f male workers and
adults, Sunday rest, periodical repose, dangerous industries;
(&) A historical summary o f these laws and regulations;
( c ) A resume o f official reports and documents concerning the interpreta
tion and execution o f these laws and decrees.
3. To facilitate the study o f labor legislation in the various countries, and
especially to furnish to members of the association inform ation regarding the
legislation in force and its application in the several States.
4. To further, by the preparation of memoirs and otherwise, the study o f
the question o f the concordance o f the various protective labor laws, as well
as that o f international statistics of labor.
5. To convoke the international congresses on labor legislation.
A r t . 3. The association is composed o f all persons and societies (other than
the national sections) who adhere to the object o f the association, as indicated
in articles 1 and 2, and who remit to the treasurer an annual contribution
o f 10 francs ($1.93).
A r t . 4. Any member who by the end o f one year has neglected or refused
to pay his dues w ill be considered as having resigned.
A r t . 5. The members have a right to the publications to be issued by the
association.
They also have the right to receive gratuitously from the bureau the results
o f inquiries that may have been instituted, and conform ably to special regula
tions, such inform ation as may come within the competence o f this bureau.
A r t . 6 . The association is under the direction o f a committee composed o f
members belonging to the various States admitted to representation thereon.
1 B u lle tin No. 5 4 o f th e U n ited S ta te s B ureau o f Labor, Sept., 1 9 0 4 , W ash in gton , D. C.t
pp. 1 0 8 1 , 1 0 8 2 . See an te, pp. 8 9 - 9 1 .
PROPOSALS FOR IN TE R N A TIO N A L ACTION .
229
A rt . 7. Each State w ill be represented on the committee by six members, as
soon as 50 of its citizens w ill have joined the association.
After that, each new group of 50 members w ill be entitled to one additional
seat, the total number o f members o f the committee from any State not to
exceed 10.
The Governments will be invited to designate one delegate each, who will
have the same rights in the committee as the other members.
A rt . 8. The duration o f the terms o f members of the committee is not lim
ited, and the committee is recruited by cooptation.
The election o f new members o f the committee to replace those who have
died or resigned will take place upon the nomination o f the members belong
ing, respectively, to the States having a right to the representation.
The vote is by secret ballot, at a meeting o f the committee, the notice o f
which w ill contain an indication o f the candidates presented. The members
who do not attend this meeting may send their votes to the president in a
sealed envelope.
A rt . 9. The committee is competent to pass any resolutions needed fo r the
accomplishment o f the object o f the association. It shall meet in a general
assembly at least once every two years. It may be convoked by the bureau,
whenever the latter judges it necessary or when at least 15 members o f the
committee request it.
The choice o f the meeting place will be made by the consultation in writing
o f all the members o f the committee, by the secretary general, within a time
fixed by the bureau.
A rt . 10. The committee elects from among its members a bureau composed
of a president, a vice president, and a secretary general. The committee also
appoints the treasurer of the association.
A rt . 11. The mission o f the bureau is to take the steps necessary fo r the
execution o f the resolutions o f the committee. It manages the funds o f the
association. It makes each year a report to the committee o f the administra
tion o f its affairs. It appoints the clerks and other persons necessary for the
work of the association. It places itself in communication, in all industrial
States, with specialists and other competent persons disposed to furnish in
form ation regarding the labor laws and their application. These persons re
ceive the title of correspondents o f the association.
A rt . 12. The secretary general has charge of the correspondence o f the asso
ciation, of the committee, and of the bureau, as w ell as of the publications and
o f the inform ation service.
A rt . 13. The treasurer receives the dues and has charge o f the funds. He
makes no payments without the vise o f the president.
A rt . 14. A national section o f the association may be form ed in a country,
on condition that it has at least 50 members and pays into the treasury o f the
association an annual contribution o f at least 1,000 francs ($193). The
statutes o f such a section must be approved by the committee.
Such a section has the right to provide for the vacancies which occur on the
committee from among the representatives o f its country.
The members of a national section have the same rights as those o f the asso
ciation, with the reservation that the publications to be furnished them by the
association, as well as the representation on the committee, will be proportion
ate to its annual contributions.
A rt . 15. The present statutes can not be revised, either wholly or in part,
except at a meeting o f the committee, and then only by a two-thirds m ajority
of the members present, and when the proposition o f revision has been in
serted in the notice o f meeting.
230
SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
Resolutions of the First Delegates' Meeting 1 (Basel, Sept. 27-28, 1901).
A.
I. a. The by-laws o f all the sections have been approved and the sections
recognized by the association.
b . Note has been made o f the constitution o f the Italian section which con
form s to the by-laws o f the International Association.
II. The Bureau o f the International Association has the authority to in
vestigate the manner in which articles 7 and 14 o f the statutes o f the asso
ciation could be revised.
III. The Bureau o f the International Association has the authority to take
up with the committee the question o f determining the treatment to be ac
corded a proposition o f Mr. Carroll D. W right requesting that each labor
bureau o f the United States be represented by a delegate with consultative
authority on the international committee.
B.
I. The president has been asked to express in the form that seems to him
appropriate, to the Governments o f the Swiss Confederation, the French R e
public, the Kingdoms o f Italy and Holland, and the Canton o f Basel the thanks
o f the association; by granting subventions, by delegating official represent
atives, by providing offices, these Governments have aided very notably in the
creation o f the International Labor Office. The constituent assembly desires
also to extend its thanks to all persons who have aided in its work, as well as
to the press which has been favorable to it.
II. The assembly deems the report o f Prof. Bauer, director o f the Interna
tional Office, upon the purpose o f that office, very interesting as an expression
o f his personal opinions. It congratulates Mr. Bauer, but it calls attention
expressly to the fact that, according to the by-laws o f the association, the
activities of the International Labor Office should be confined to investigations
o f a purely scientific order. This being granted, the assembly proposes to
determine accordingly the nature o f the more immediate activities o f the
International Office, activities that must be undertaken gradually to the extent
that the resources o f the office will permit.
A. Negotiations w ith Belgium for the publication and distribution o f tho
L ’Annuaire de legislation du travail.
B. Publication o f a bulletin containing:
1. In one o f the first numbers the titles and purposes o f protective labor
laws in each country, indicating the sources where the complete text can be
found.
2. A report o f parliamentary action relating to protective labor legislation
in the different countries.
3. The resolutions o f congresses, and especially o f congresses o f national
and international associations interested in the protection o f labor.
4. As fa r as available, the texts and analyses of new laws and regulations
promulgated fo r the protection o f labor.
5. A bibliography o f official publications and o f private publications o f a
documentary nature, relating to the legal protection o f labor and to labor
statistics, indicating the title, contents, size, price, and publisher.
C. Investigations as to the actual condition and effect o f night work o f
women in the different countries, as well as the results obtained in the indus
1 Publications of the International Association for Labor Legislation, No. 1, pp. 131,
133. See ante, pp. 91, 92.
PROPOSALS FOR IN TE R N A TIO N A L ACTION .
231
tries where night work has been abolished. The report shall show the d if
ferences existing in the definition o f night hours in the different countries and
the consequences which ensue.
D. Establishment o f a uniform form for industrial accident statistics in
the different countries.
E. Investigations as to the degree o f unhealthfulness and the actual legis
lation pertaining to unhealthful industries, and especially as to (1 ) those
which manufacture or use lead colors; (2 ) those which m anufacture or use
white phosphorus.
F. Comparative investigations o f the legislation o f different countries con
cerning accident insurance and sickness insurance and civil responsibility
with reference to persons who work in a country other than their domicile.
III. In general, inform ation concerning the protection o f labor shall be
furnished gratuitously to Governments; it shall be given gratuitously to pri
vate individuals only when the latter shall belong to one o f the national sec
tions or to the International Association.
IV. The assembly recommends that the sections encourage and facilitate in
every way relations between the Labor Office and workingmen’s and employers’
associations. To this end, the most effective means w ill be to furnish the
Labor Office the addresses o f these associations. The sections can also address
circulars to them inviting them to send their printed documents to the Inter
national Office.
V. The assembly also proposes that the investigations indicated under head
ings C, D, E, and, if possible, F serve as the basis fo r the deliberations and
conclusions o f the next meeting o f the International Association, which w ill
take place at Cologne in September, 1902.
Resolutions of the Second Delegates' Meeting1 (Cologne, Sept. 23, 24, 1902).
I. The condition o f legislation on the night work, o f women in the m ajority
of the large industrial States, and, as proved by the reports published by the
sections, the influence o f that legislation on the state o f industry in general
and on that o f different enterprises and laborers in particular, ju stify the abso
lute prohibition i*r;^principle o f the night work o f women.' The international
committee instructs a commission to investigate the means o f introducing that
general prohibition and to consider how the exceptions that exist may be
gradually suppressed. This commission shall make its report within two
years. Each national section has the right to appoint two delegates on the
commission. The commission should call in consultation competent persons
chosen from both employers and employees. The Governments w ill be in
formed in good time o f the meetings o f the commission in order that they may
be represented.
II. The dangers that the handling and use o f white phosphorus and lead
present to the health o f the workers being particularly serious, there is urgent
need fo r the institution o f a commission charged with the investigation o f the
w ays and means adapted to the elimination of those dangers and o f bringing
about by international agreement the general prohibition o f white phosphorus
and the suppression in as fa r as possible o f the use o f white lead.
This task shall devolve upon the commission charged to report upon the first
proposition.
The international committee w ill immediately start proceedings through
the agency o f its bureau with Governments and communal authorities to the
1 Publications of the International Association for Labor Legislation, No. 2, p. 45.
ante, p. 92.
See
232
SURVEY OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
end that the use o f white lead may be prohibited in the w orks o f the State, the
cities, and municipalities.
Resolutions of the Commission Meeting at B asel1 (Sept. 9 -1 1, 1903).
A. P r o h i b i t i o n o f t h e U s e o f W h i t e P h o s p h o r u s i n t h e M a t c h I n d u s t r y .
In execution o f the authority given to it at Cologne by the International
Association for Labor Legislation, the commission calls upon the bu reau :
I. To request the Federal Council o f the Swiss Confederation to take the
initiative in bringing about an international conference having fo r its aim the
prohibition, by means o f an international convention, o f the use o f white phos
phorus in the match industry.
II. The bureau in cooperation with a subcommittee shall, before March 1,
1904, send to the different Governments an explanatory memorandum upon
the subject o f white phosphorus; it shall send that memorandum to the Gov
ernments represented upon the committee through the agency o f their respec
tive delegates. The memorandum shall be addressed directly to the other
Governments by the bureau.
B. L e a d a n d L e a d C o l o r s .
I. The commission thinks that it is not necessary to resort to international
agreements in the matter o f the use o f white lead in the painting trade.
It is o f the opinion that this question does not raise-any serious difficulty with
reference to international competition and that the more general regulation
relative to lead and its compounds would be more profitably the object o f an
international conference.
II. The commission is o f the opinion that it is advisable fo r the bureau and
the national sections to pursue energetically in each country the prohibition
of the use o f white lead in public and private painting works. The national
sections are invited to send to the bureau before March 1, 1904, a report on the
measures they have taken for the purpose o f bringing about the suppression
o f the use of white lead in painting. The bureau shall give a report at the
next meeting o f the committee o f the measures that have been taken up with
the Governments.
III. The commission charges the Bureau o f the International Association to
urge the sections to take up measures with their respective Governments as
soon as possible, by setting forth the facts as to the number o f establishments
in which cases o f lead poisoning have been discovered and presenting the data
collected in the different countries by the International Labor Office, in order
that—
(1) The necessary investigations may be made in order to ascertain com
pletely the present condition o f affairs. (2 ) I f in spite o f scientific research
fo r the discovery o f harmless substitutes the prohibition o f the use o f lead
seems impossible, the dangers which threaten the health o f the workers may
be eliminated or at least diminished in so fa r as possible by the rigorous ap
plication o f the special regulations already existent or by the promulgation
o f new protective regulations for each o f the different categories o f industry
that manufacture or use lead or its compounds.
The question o f lead in its entirety should be made the special order o f the
day at the next meeting o f the committee in order that ways and means
1 Publications of the International Association for Labor Legislation, No. 3, pp. 6 -8 .
See ante, pp. 92, 93.
PROPOSALS FOR IN T E R N A T IO N A L ACTION .
233
may be considered to introduce the improvements which have been recognized
to be possible.
C. P r o h i b i t i o n o f t h e I n d u s t r i a l N i g h t W o r k o f W o m e n E m p l o y e d O u t s i d e
of
T h e ir H o m e s.
I. In compliance with the order given to it at Cologne by the International
Association for Labor Legislation, the commission calls upon the bureau to
request the Federal Council o f the Swiss Confederation to take the initiative in
bringing about an international conference having for its aim the prohibition, by
means o f an international convention, o f night work o f women in industry.
II. The bureau in cooperation with a subcommittee shall, before March 1,
1904, send to the different Governments a memorandum on the question of
night work of w om en; it shall send this memorandum to the Governments
represented on the committee through their respective delegates. The memo
randum shall be addressed directly to the other Governments by the bureau.
The memorandum shall definitely state that the prohibition o f night work
of women ought to insure to all working women employed in an industrial
establishment, that is, outside o f their homes, a rest o f 12 consecutive hours be
tween evening and morning. In case the immediate introduction o f night
rest o f 12 hours’ duration presents difficulties, the period o f night rest may be
fixed at 10 hours during a period of transition. The memorandum shall ex
plain the different resolutions adopted by the commission.
1. Exceptions may be provided for in case o f imminent or actual accident.
2. Women assigned to work upon materials subject to very rapid de
terioration, as, fo r example, in fish and certain fruit industries, may be al
lowed to work at night on each occasion when it is necessary in order to save
the materials from otherwise unavoidable loss.
S.
Seasonal industries and those whose needs are similar shall find, in the
transitional provision prescribing a night’s rest o f 10 hours, the additional
hours for work of which they may be in need in their present state o f
organization.
4.
Periods o f time may be set within which to bring about the realization •
o f these reforms.
Resolutions of the Third Delegates’ Meeting1 (Basel, September 26-27, 1904).
I. I n t e r n a t i o n a l P r o t e c t io n of L a b o r e r s .
1. The committee o f the International Association notes with satisfaction
the work o f the special commission and approves the acts inspired by it and
executed by the bureau.
2. The Bureau o f the International Association is instructed to express to
the high Swiss Federal Council its profound appreciation o f the council’s in
tention to comply with its request and convoke an international conference
fo r the legal protection o f labor.
3. The Bureau o f the International Association is instructed to express the
gratitude o f the association to the high Governments o f the French Republic
and the Kingdom of Italy which, by the conclusion o f a protective labor treaty,
have taken an initiative that w ill promote the international protection o f
labor.
These letters shall be signed also by the presidents o f the sections.
1 Publications of th e International Association for Labor Legislation, No. 3, pp. 1 7 1 -1 7 6 .
See ante, pp. 93, 94.
234
SU RVE Y OF IN T E R N A T IO N A L ACTION A FFECTIN G LABOR.
I I . O r g a n i z a t io n o f t h e A s s o c i a t i o n .
1. Tlie statutes o f the Swiss section are approved in their present form.
2. Each o f the sections o f the International Association for Labor Legislation
shall appoint one o f its members, or a special committee, instructed to work,
either with the Bureau o f the International Association or independently o f it,
for the form ation o f sections in sympathy with the principles o f the Interna
tional Association in the countries that are not yet represented in the associa
tion, and for the carrying on o f propaganda through the press.
The sections shall notify the Bureau o f the International Association o f
the persons designated, or the appointments made in pursuance o f the preceding
paragraph.
The sections shall present to each o f the general assemblies a report on their
activities in the matter o f propaganda.
3. The Bureau o f the International Association is instructed to consult with
the sections and Governments in due time for the purpose o f determining the
place and exact date o f the next general assembly o f the committee.
I I I . F in a n c e s a n d I n t e r n a t io n a l L abor O f f ic e .
1. After having verified the accounts o f the years 1902-1903, the general as
sembly discharges' the Bureau o f the International Association o f its obliga
tions for these two years.
2. Beginning with the year 1905, a single budget shall be made out for each
year— that o f the International A ssociation ; in this the budget o f the Inter
national Office shall constitute a separate chapter. The proposed budget shall
be submitted each year for the approval o f the presidents o f the sections be
fore becoming final.
3. (a) The sections assume the obligation o f printing at their own expense
the reports which they present to the general assemblies and o f furnishing
gratuitously 115 copies to the bureau o f the association.
(6 )
The sections o f the countries whose Governments do not yet grant any
subvention to the association or at least the subvention designated in the
budget, are under obligation to take proceedings before their respective Gov
ernments in order to induce the latter to grant to the International Asso
ciation the annual subventions designated in their budget.
(c )
The sections pledge themselves to make all possible effort to insure a
wider sale o f the Bulletin, and in particular to take up the matter with their
Governments and local authorities in order that the latter may recommend that
public administrations subscribe to the Bulletin.
4. In spite o f the measures to be taken by the sections, (see 3 a to c) the
present financial situation o f the association is such as to endanger seriously
the regular functioning o f the International Labor Office inasmuch as the
receipts are out o f all proportion to the high expenses resulting from the
activities in the preparation o f international labor legislation. In view o f
these facts, the assembly calls upon the governmental representatives present
to inform their respective Governments o f the present financial situation, with
or without preliminary agreement, in order that they may increase their
regular subventions.
5. The general assembly approves the proposed budget for the year 1905,
as modified by the committee.
6. The association notes with satisfaction the report o f the International
Labor Office. It thanks the officials of that office for their devoted and zeal
ous service.
PROPOSALS FOR IN T E R N A T IO N A L A CTION .
235
IV. T h e S t r u g g l e A g a i n s t t h e D a n g e r s o f O c c u p a t i o n a l P o i s o n i n g .
A . LEAD AN D LEAD COM PO UN D S.
1. The question o f lead ought to be studied separately fo r each group o f
industries o f certain importance m anufacturing or using lead, such as shops
manufacturing lead and zinc, m anufactories o f lead colors, ceramic and paint
ing industries, manufactories o f electric accumulators, publishing and print
ing industries, lead workers, file cutters and cutters o f precious stones, dye
works, etc. New investigations should be made if there is need in order that
there may be enacted fo r each o f these industries the special protective regu
lations necessary, or that certain uses o f lead or o f its compounds may even
be prohibited.
A committee shall be instructed to study separately the different groups o f
dangerous industries, to draw up the practical conclusions o f its studies, and,
if there is occasion, to fram e standard regulations. It shall submit to the
bureau the results o f its work as soon as completed for each group o f industry.
2. As regards the use o f white lead in the painting industry, the association
supports without modification the recommendation -already adopted in favor
of the suppression o f the use o f this material in all w orks where other sub
stances can be used in its place. It considers besides that strict regulations
must, o f necessity, be enacted where its suppression has not yet been obtained.
3. The association decides that the office shall distribute to the sections as
soon as possible the report by which Mr. de Yooys undertakes to show that
the use o f lead glazes can be dispensed with in the ceramic industry.
B. IN D U S T R IA L P O ISO N S.
(a)
The bureau is instructed to secure, in the most suitable way, the adop
tion o f the follow ing fundamental principles for combating in a systematic
manner the dangers o f industrial poisoning:
1. It shall be the duty o f the medical practitioners and hospital administra
tions to bring to the attention o f the competent authorities the cases o f indus
trial poisoning designated by administrative regulations.
The physicians shall be remunerated fo r the service rendered.
2. In cases where the law will require the attendance o f physicians upon an
establishment, it is important that the physician o f those establishments
which manufacture or use industrial poisons shall be absolutely independent o f
the employers o f these establishments.
3. The establishments manufacturing or using industrial poisons must be
declared as such by the heads o f the establishment. That declaration must
contain an enumeration o f the poisons manufactured or handled in the es
tablishment.
4. Sick funds and mutual relief societies ought in their own interest to give
very special attention to those of their members who work in establishments
manufacturing or using poisons; they ought to make special m orbidity in
vestigations and to communicate the results o f the same to labor inspectors
in order to enable them to combat effectively the causes o f poisoning.
5. It is advisable to encourage in medical schools the study and knowledge
o f industrial poisoning; the attention of young doctors must be directed by
special courses to the importance o f labor hygiene and the prophylaxis of
occupational diseases.
6. In order to insure a really efficient supervision o f establishments which
produce or use industrial poisons, it is expedient, besides the attending physi
286
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
cians already mentioned, to place in charge medical inspectors having a
thorough and special knowledge o f industrial hygiene.
7.
It is advisable to regulate the length of the workday in each dangerous
industry by taking account o f the degree o f toxicity o f the industrial poisons
handled.
( b)
The bureau is urged to instruct a committee o f experts to draw up and
make public a list o f substances which should be recognized as industrial
poisons, and to classify these poisons according to the seriousness o f the dis
ease caused by each.
The bureau shall insure wide publicity to this list.
C . PRIZES OFFERED TO TH E ASSOCIATION.
The association accepts with thanks, on the conditions reported by the
bureau, the prizes that have been offered it fo r combating the dangers which
the use o f lead presents to workers.
It instructs the bureau to convey to the generous donors an expression o f
its profound gratitude.
The bureau must designate the experts left to the selection o f the associa
tion from among the candidates presented by the national sections.
V.
N ig h t W o r k o f Y o u n g P e r s o n s .
The association without prejudice to the program o f the international con
ference and considering the urgent need fo r the suppression o f night work of
young persons, requests the bureau to lay before the sections this question and
to make it the order o f the day of the next meeting of the association.
The bureau is authorized to entrust the investigation to a committee and to
invite the sections to appoint their representatives to it.
Proposed Questionnaire for the Sections:
1. W hat is the number o f children and young persons employed in your
country (actual number and percentage o f the whole number o f w orkers) ?.
W hat is the number o f those employed at night?
( a) By age?
(&) By industry?
2. How many are there who fall under the head o f exceptions, in what in
dustries and under what form ?
3. What are the effects o f the exceptions, how do they ju stify themselves,
what exceptions could be done away with, what would be the result o f such
action, both from the technical and economic point o f view ? (Obtain this in
form ation chiefly from factory inspection reports.)
4. What difficulties would oppose themselves in your country to making 18
the age limit for the protection o f young w orkers?
5. W hat is the legal length o f night rest; what is the length o f night work
allowed in exceptional cases, for what reasons? (Inquiries should be made
o f the teaching force, medical force, etc.)
6. In what industries have violations o f the prohibition o f night work been
observed; what were the reasons?
7. Give the same inform ation relative to employees other than manual
workers.
VI. H o m e W o r k .
1.
The national sections are invited by the Bureau o f the International
Association to start under conditions which they shall determine and in
P R O P O S A L S F O R IN T E R N A T I O N A L A C T IO N .
237
accordance with a program the details o f which are left to their own free dis
cretion, an investigation on the two follow ing poin ts:
( a) W hat has been the influence o f protective labor legislation on the de
velopment o f home work in that which concerns especially women and young
w orkers?
( b) W hat are the principal abuses resulting either from the absence or in
sufficiency o f regulation o f this kind of labor both from the point o f view o f
the duration o f the work o f these classes o f workers and from that o f the
conditions of safety and hygiene of the place o f w ork?
2. The sections must apply in as far as possible, the monographic method,
that is to say, they must carry on their investigation not upon the w hole of
the industries o f the country, but on certain industries chosen by them for the
purpose.
3. The scope o f the inquiry includes:
( a)
Home work, properly so called, that is to say, w ork done in the home
by the w orker with or without the assistance o f one or more helpers, for the
account o f an employer. It is advisable to include in this category certain
home workers whose independence is only apparent and who are really en
tirely dependent upon manufacturers or big retail stores.
(&) The work done in shops free, wholly or in part, from legal regulation
either because they are fam ily shops, or by reason o f the small number o f
workers regularly employed, or by reason o f the nature o f the industry, or fo r
any other cause.
V II.
L e g a l L i m i t a t i o n s of t h e W o r k d a y .
The international Association for Labor Legislation requests the sections to
make a study o f the question o f legal limitation o f the workday o f manual
workers and all other employees in commerce and industry.
And it requests the sections to prepare fo r the next general meeting reports
on the status o f the question in the different countries.
V III.
S o c ia l I n s u r a n c e .
1. As regards the rights guaranteed to the worker and his dependents by
liability and insurance legislation, there is no occasion for discriminating be
tween beneficiaries because o f their nationality, their domicile, or their resi
dence. The law o f the domicile o f the enterprise for which the laborer works
is applicable.
2. The national sections shall, before the next general assembly, furnish the
bureau o f the association with a report on the ways and means o f applying
this principle within each country and in international relations from the tw o
fold point o f view o f civil responsibility and insurance organization.
Resolutions of the Fourth Delegates’ M eeting1 (Geneva, September 27-29, 1906).
I . I n t e r n a t io n a l C o n v e n t io n s .
The board o f the International Association fo r Labor Legislation is in
structed to convey the thanks o f the association to those Governments which
have become parties to the labor conventions signed at Bern on September
26, 1906, and to congratulate the high Swiss Federal Council on the success o f
its efforts.
1 See ante, pp. 9 4 -9 8 .
238
S U R V E Y O P I N T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O R .
I I . F i n a n c e s , I n t e r n a t io n a l L abo r O f f ic e , S t a t u t e s o f N e w
S t a n d in g O r d e r s.
S e c t io n s ,
The board o f the International Association is instructed to convey the
thanks o f the association to those Governments which, by increasing their
State subsidies, have substantially helped tow ards the improvement in the
financial condition o f the association, and thereby enabled the International
Labor Office to maintain its efficiency.
*
*
*
♦
*
*
*
III. A d m i n i s t r a t i o n o f L a b o r L a w s .
The sections are requested to report to the board on the measures taken, in
accordance w ith legal enactment or special order in their respective countries,
to secure the observance o f labor laws. T o this end, a list o f questions w ill be
remitted to the sections by the board. On receiving the replies to these
questions, the board shall draw up a comparative report on the steps taken to
secure the effective administration o f the labor laws in the various countries.
IV. E m p l o y m e n t
of
C h il d r e n .
The board is instructed to invite the sections to report on the conditions
and extent o f the employment o f children in industry and the existing legal
provisions fo r the protection o f children employed, and to lay before the next
delegates’ meeting a report compiled from the reports so obtained.
V. N i g h t W o r k o f Y o u n g P e r s o n s .
1. Night work shall be in general forbidden fo r young persons under 18
years o f age.
2. This prohibition is absolute fo r young persons under 14 years o f age.
3. F or young persons aged 14 years and upwards exceptions are allow ed:
(a ) In cases o f force majeure, or exceptional circumstances.
(5 )
In industries the materials o f which are o f a highly perishable nature,
in order to prevent serious damage.
4. Night work is absolutely forbidd’en in all places where goods are ex
posed fo r sale, hotels and public-houses, as well as in the countinghouses at
tached to commercial industrial establishments where night work is forbidden.
5. The night’ s rest shall last at least 11 hours, and shall in all cases include
the period from 10 p. m. to 5 a. m.
6. Provision may be made fo r periods o f transition.
7. The International Association expresses its hope that inspection w ill be
efficiently carried out.
8. The meeting instructs a commission to ascertain by what methods practical
effect can be given to the above resolutions. This commission shall present a
report within tw o years. Each section has the right to nominate tw o dele
gates to this commission and to name experts from among employees and
workmen to assist at the deliberations o f the commission.
The Governments w ill have timely notice o f all impending sittings o f the
commission in order that they may be able to send representatives.
VI. L e g a l M a x i m u m W o r k in g - D a y .
The International Association is o f the opin ion :
1.
That the determination by law o f a maximum period o f daily w ork is o f
the highest importance for the maintenance and promotion o f the physical and
intellectual w elfare o f workmen and employees.
P R O P O S A L S F O R I N T E R N A T I O N A L A C T IO N .
239
2. That, over and above lim itations o f hours o f w ork brought about by the
efforts o f trade-unions, the intervention o f the legislature is necessary in order
to set a lim it to daily hours o f work in general.
3. That, to enable the association to judge as to the expediency o f inter
national agreements on this subject, it is desirable that the International
Labor Office should lay before the next delegates’ meeting a report concerning—
( a ) The actual hours o f work o f adult workmen and employees.
(&) The effects, especially on the productive capacity o f workmen and
upon technical improvements, o f those limitations which have been already
brought about either by law, special order, or the initiative o f employers or
trade-unions.
The International Labor Office is authorized to lim it this investigation to
particular branches o f industry if a general investigation should be found
disproportionately beset with difficulties.
V II. H ome W ork.
The association is o f the opinion that the bad conditions shown to exist in
home industries necessitate State intervention.
The sections are requested—
A. ( a) To urge upon their respective Governments the enactment o f legal
provisions requiring employers (undertakers or subcontractors)—
(1) To keep a register o f all workers employed by them outside their prem
ises, and to hold it at all times at the disposal o f the public authorities.
(2) To provide each person, when the work is given out, with exact written
particulars o f the piecework rates and the cost o f materials, and to post the
rates o f pay current in the business on a notice affixed in all pay offices.
( b) To consider the means o f procuring a wide publicity fo r the inform ation
concerning wages obtained by legal provisions as recommended above.
B. To promote the extension to home workers o f legal provisions relating to
inspection o f work places, as well as o f systems o f workmen’s insurance.
C. To demand, in the interests both o f the public and o f the workers, the
most stringent enforcement o f existing sanitary law^s and regulations in un
healthy workrooms where home work is carried on, and to promote such
regulations where they do not exist.
D. To initiate and encourage the form ation and active work o f trade-unions
among home workers, buyers’ leagues, etc., with a view to promoting private
initiative.
E. The board is instructed to indicate, with the cooperation o f a subcom
mission—
( a) The branches o f home industry in each country, the products o f which
compete in the w orld’s markets with those o f other countries; the field o f such
com petition; and the conditions o f work and organization of the industries in
which such competition is found.
(b) Those home industries in which the absence o f sick insurance, long
hours of. work (especially o f women and children), inadequacy o f wages,
periodic slackness o f work, call most urgently for measures o f protection for
the workers.
VIII. I n d u s t r i a l P o i s o n s .
1.
W ith the object o f carrying out Resolution IV, A. 1, passed at the dele
gates’ meeting, 1904, the association requests the board to invite the sections
to nominate as soon as possible experts to institute investigations in their
respective countries, and to report before January 1, 1908, at latest, on the
best methods of combating the dangers attendant on the manufacture and
240
S U R V E Y O F I N T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O R .
use o f lead paints and colors, especially in the ceramic and the polygraphic
industries.
These reports should be sent to the International Labor Office, which shall
proceed to appoint three experts o f three different nationalities. These ex
perts shall draw up a final report based upon those presented.
The board is requested to place at the disposal o f this commission of three
any o f the essays entered fo r the prize competition which it considers might
be o f service to them.
2. The several sections are requested by the board to submit reports on the
prohibition o f the use o f lead paints and colors before March 1, 1908, at latest.
These reports should state whether such prohibition is enacted by law or by
special order, and whether it applies to public or private works only or to b o th ;
they should contain inform ation as to the effects o f the prohibition, and as to
experiments which might with advantage be made with leadless colors.
3. W ith a view to carrying out Resolution IV B ( b ) passed by the delegates’
meeting, 1904, the commission recommends the appointment o f three experts
o f three different nationalities, whose duty shall be to draw up a final state
ment, based on the lists provided by the sections, o f the most important indus
trial poisons arranged in order o f the degree o f danger attending their use.
4. The delegates’ meeting o f the International Association for Labor Legis
lation expresses the hope that the Governments which have not signed the
convention concerning the prohibition o f the use o f white phosphorus will, in
the near future, adhere to this measure for securing the health o f the w ork
ers. The association urges the sections in these countries to undertake the
necessary inquiries, and to exert themselves to the utmost to promote the in
troduction o f the aforesaid prohibition.
IX . W
o r k m e n ’s
I nsurance.
The International Association for Labor Legislation concludes from the
reports o f the various sections that it is possible to establish the principle o f
the equality of foreigners and natives as regards insurance by means o f an
international convention.
, The sections are therefore requested—
(1) To present to the next delegates’ meeting a draft o f an international
convention, concerning, in the first place, accident insurance, which would
establish this principle both as regards the amount o f the indemnity and the
conditions o f procuring the same.
(2) To continue to work by means o f national legislation or international
treaties, toward the realization o f this principle, until it is fully recognized by
an international convention.
(3) To report to the next delegates’ meeting what degree o f modification or
addition by further enactments would be required to bring the laws o f their
respective countries into correspondence with the principle laid down.
Resolutions of the Fifth Delegates’ Meeting1 (Lucerne, Sept. 28-30, 1908).
I . I n t e r n a t io n a l
The board
December 31,
States which
on September
C o n v e n t io n s .
o f the International Association is requested to convey, after
1908, the thanks o f the association to the Governments o f those
shall then have ratified the labor conventions signed at Bern
26, 1906.
1 Publications of the International Association for Labor Legislation, No. 6, pp. 1 1 1 -1 2 1 .
See ante, pp. 98, 99.
241
P R O P O S A L S F O R IN T E R N A T I O N A L A C T IO N .
The board is requested to transmit to the Government o f Sweden a memo
randum expressing the thanks o f the association fo r the efforts made in the
matter o f the ratification o f the Bern Convention relating to the night work
o f women, regretting that these efforts were not successful, and expressing
the hope that when further steps are taken the desired result w ill be attained.
II. F i n a n c e s , B u l l e t i n , S t a f f R e g u l a t i o n s , L i b r a r y ,
etc.
A . F IN A N C E S .
1. The Fifth Delegates’ Meeting adopts w ith pleasure the reports o f the
board, the treasurer and the International Labor Office, and expresses its
thanks fo r their work.
2. The treasurer’s financial statements, being duly audited, are adopted.
3. The budget fo r 1909 and 1910 is adopted, subject to the follow ing modi
fications :
The item for printing (Bulletin) shall be increased to 18,000 francs, out o f
w hich 4,000 francs shall be devoted annually tow ard the expenses o f the
English edition. A further sum, not to exceed 2,000 francs annually, shall be
granted, if necessary, to meet any deficit in respect o f the English edition.
A sum not exceeding 2,000 francs shall also be granted to meet any deficit
in respect o f the English edition during 1908.
B. B U L L E T IN OF T H E IN T E R N A T IO N A L LABOR OFFICE.
1. Until the financial position o f the association shows a further im prove
ment, the board is requested to refrain from enlarging the Bulletin.
2. The board is recommended to take all possible steps to secure the prompt
and regular publication o f the Bulletin and to reduce the expenses as fa r
as possible.
C. P E N S IO N IN S U R A N C E OF T H E EM PLO YEE S I N T H E IN T E R N A T IO N A L LABOR OFFICE.
The Fifth Delegates’ Meeting approves the regulations fo r the insurance o f
the employees, with the follow ing amendments:
1. The first sentence o f clause 1 shall read as fo llo w s : “ The International
Association fo r Labor Legislation shall be the insuring party through the
board.”
2. Clause 5 shall read as follow s: “ In the event o f a contract o f employ
ment being ended either on the part o f the Labor Office or on that o f an em
ployee, the policy o f the employee who thus leaves the service o f the associa
tion shall under all circumstances be handed over to the employee as his own
property.”
3. Clause 6 shall be omitted.
D. SA LA R IE S OF T H E EM PLO YEE S OF T H E IN T E R N A T IO N A L LABOR OFFICE.
The meeting approves the scheme relating to salaries with the follow ing
am endm ents:
1. Clause 3, paragraph 2, shall be omitted.
2. Clause 6 shall read as fo llo w s : “ In exceptional cases the board may
grant special payment, if an employee w orks overtime at the request o f the
director fo r fou r or more weeks, arising out o f stress o f work or other causes.”
3. Clause 7 shall be omitted.
143445°—20—Bull. ‘2’68------16
242
S U R V E Y O F IN T E R N A T I O N A L A C T IO N
E. CATALOGUE OF T H E
L IB R A R Y OF T H E
A F F E C T IN G L A B O R .
IN T E R N A T IO N A L LABOR OFFICE.
The Labor Office is requested to do its utmost to expedite the compilation o f
the subject catalogue o f the library, and, on request, to allow copies o f any
sections o f this catalogue to be made at the expense o f persons desiring the
same.
F . PLAC E A N D T IM E OF T H E N E X T M E E TIN G .
The delegates* meeting resolves the next (sixth) delegates’ meeting o f the
International Association shall be held in the autumn o f 1910 at Lugano.
III. A d m i n i s t r a t i o n
of
L abor
L a w s.
In pursuance o f the resolutions o f the Fourth Delegates’ Meeting relating
to the administration o f labor laws, the meeting resolves as fo llo w s :
1. The International Labor Office is requested to complete the preliminary
report on the administration o f labor laws, and to submit the same fo r criti
cism to the Governments and sections concerned.
2. The International Labor Office shall draw the attention o f the Govern
ments to the report when completed. Suitable steps s h a l l be taken to make
the report as w idely known as possible among the general public.
3. The International Labor Office is requested to report from time to time
to the delegates’ meetings on any changes introduced affecting the administra
tion o f labor laws.
IV. E m p l o y m e n t
of
C h il d r e n .
The sections are requested to seek means to secure, as fa r as possible, the
complete prohibition o f child labor, and, in so doing, to be guided by the fo l
low ing principles:
1. The employment o f children to be subject to regulation in all occupa
tions carried on for purposes o f gain.
2. Such regulations to apply to all children em ployed; in agriculture, a dis
tinction to be made between children working fo r their parents and fo r
strangers.
3. Children not to be employed fo r purposes o f gain during school ag e; in so
fa r as school attendance is not compulsory, employment to be permitted on the
conclusion o f the fourteenth year or age, or, in agriculture, o f the thirteenth
year.
V . N ig h t W o rk of Y o u n g P e r s o n s .
The delegates’ meeting leaves it> to the board o f the association to choose
the occasion fo r proposing to the Governments the conclusion o f an interna
tional agreement relating to the prohibition o f the night w ork o f young per
sons, but hereby adopts the follow ing definite proposals which, in the opinion
o f the meeting, could be introduced in the present state o f affairs.
The meeting resolves, at the same time, to leave the special commission ap
pointed in pursuance o f Resolution V, 8, o f the Fourth Delegates’ Meeting,
constituted as at present, w ith the duty o f continuing the collection and com
pilation o f data bearing on the possibility o f prohibiting the night w ork o f
young persons, until the time is ripe fo r approaching the Governments on the
matter. It shall be, in addition, the duty o f the commission to inquire
whether the technical development o f any branches of industry has, in the
meantime, advanced sufficiently to admit o f the further extension o f the pro
posed prohibition o f the night work o f young persons. The board is re
quested to issue jointly with a subcommittee to be elected from among the
P R O P O S A L S F O R I N T E R N A T I O N A L A C T IO N .
243
members o f the special commission, a publication setting forth the actual con
ditions under which the night work o f young persons is carried on in the vari
ous countries, and the possibility o f doing away with such night work (as was
done as regards the prohibition o f the night work o f w om en).
The definite recommendations o f the delegates’ meeting on this subject are
as fo llow s:
1. The night work o f young persons to be, in general, prohibited in indus
trial occupations until the conclusion o f the eighteenth year o f their age.
2. The prohibition to be absolute until the conclusion o f the fourteenth year
o f their age, and until they are exempt from school attendance.
3. Night work may be permitted for young persons over 14—
(a ) In cases o f force majeure when the manufacturing process is sub
jected to an interruption impossible to foresee, and not o f a periodical
ch a ra cter;
(&) In industries where the materials used, whether as raw materials or in
any manufacturing process, are o f a highly perishable nature, where neces
sary, in order to prevent damage to the materials in question;
(c ) In the glass industry, in the case of young persons employed in “ gath
ering ” the liquid glass from the furnaces, provided that—
1. The period of their employment at night shall be limited by law, and
2. The number of young persons so employed is lim ited to that required fo r
the purpose o f training the necessary number o f skilled workmen.
This exception to be allowed only as a temporary measure.
( d ) In iron works, for young persons employed in rolling, provided that
they are over 16 years of age.
4. The delegates’ meeting expresses no opinion on the resolution adopted at
Geneva, in 1906, recommending that night work should be absolutely forbid
den “ in all places where goods are exposed fo r sale, hotels and public houses,
as well as in countinghouses, etc.,” and refers the same back to the special
commission for consideration.
5. The night’s rest shall last at least 11 hours, and shall, in all cases, include
the period from 10 p. m. to 5 a. m.
6. Provision may be made for periods o f transition.
7. The delegates’ meeting expresses, the hope that inspection w ill be effi
ciently carried out.
8. The delegates* meeting maintains that the regular night work o f young
persons is always to be regarded as an abuse, which, in principle, should not
be tolerated in any circumstances. Until it is possible to abolish such night
work entirely by means o f an international agreement, the meeting invites all
the national sections to wTork actively to secure the removal or diminution o f
this abuse.
VI. M a x i m u m W o r k in g D a y .
In pursuance o f the principles adopted by resolution o f the Fourth Dele
gates’ Meeting, held at Geneva, respecting the maximum working day, n am ely:
1. The determination by law o f a maximum period o f daily work is o f the
highest importance for the maintenance and promotion o f the physical and in
tellectual welfare o f workmen and employees.
2. Over and above limitations o f hours o f work brought about by the
efforts o f trade-unions, the intervention o f the legislature is necessary in
order to set a lim it to daily hours o f work in general.
The delegates’ meeting resolves:
1. As regards the employment o f women—
The period o f employment for all women subject to the provisions o f the
Bern Convention on the Night W ork o f Women to be limited by international
244
S U R V E Y O F I N T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
agreement to 10 hours. This legal maximum period o f employment to be in
troduced by degrees.
2. As regards male workers in the textile industry—
The same maximum o f 10 hours to be introduced by degrees fo r men em
ployed in the textile industry.
3. As regards persons employed in coal mines—
( a) A maximum eight-hour day to be introduced fo r all workmen employed
below ground.
(&) The board is requested to appoint a commission to determine what shall
be the technical definition o f an “ eight-hour shift.”
4. As regards the period o f employment in smelting works, rolling mills,
and glass w orks—
( a) In view o f the fact that the inform ation compiled is still incomplete,
the Labor Office is requested to continue the study o f this question.
(&) The Governments should be urged to institute inquiries into the period
o f employment in these industries.
(c ) Thd sections are requested to procure in their respective countries ex
pressions o f opinion from technical experts in the branches o f industry con
cerned on the best methods o f regulating hours o f work.
V II.
H ome
W ork.
A . GENERAL.
1. The delegates* meeting draws further attention to and reaffirms the
measures recommended at Geneva in 1906 (com pulsory registration, publica
tion o f wage lists, extension o f inspection, social insurance, sanitary regula
tions, promotion o f trade organizations, consumers’ leagues, etc.).
2. The delegates’ meeting is o f the opinion that in introducing the above
measures and those recommended below, consideration must always be given
to the special characteristics o f the various domestic industries.
3. The delegates’ meeting considers that bad conditions in home w ork are
due primarily to inadequacy o f wages, and that, consequently, it is of the first
importance to find means o f raising wages.
T o this end the delegates’ meeting—
(a ) Urges the form ation o f trade organizations amongst home workers, the
conclusion o f collective agreements, and the legal recognition o f such agree
ments in countries where the law fails at present to recognize the same.
(&) Requests the sections to make inquiries as to how far it would be prac
ticable to introduce in their respective countries a law giving the courts power
to annul agreements for starvation wages and wage agreements o f an usurious
nature, and to punish employers who conclude such agreements.
(c ) Requests the sections—
(1 ) To study the question o f the organization o f wages boards.
(2) In cases where trade organization has proved unworkable, and where
conditions permit, to invite their Governments to try the introduction o f
minimum wages by appointing join t wages boards to determine rates o f w a g es;
fo r this purpose use could be made, if desired, o f the provisions o f the English
bill on the subject. Any such experiment should be made first in those do
mestic industries where it could apparently be most easily enforced, and
where the work in question is the main occupation o f the m ajority o f the
persons concerned.
(3) T o report to the association on the results attained; the British sec
tion is, in particular, requested to report regularly on experience gained in
the United Kingdom.
P R O P O S A L S F O R IN T E R N A T I O N A L A C T I O N .
245
4. In view o f the wide scope o f the home-work problem, the delegates’
meeting is o f opinion that it is not at present practicable to consider all the
other measures proposed, especially the extension o f labor laws to home work.
The consideration o f these questions is, therefore, postponed to a future
meeting.
5. The delegates’ meeting invites the national sections to study means
whereby it may be rendered possible in practice to subject home workers to
factory legislation (norm al periods o f employment, hygiene, and security in
work places). For this purpose existing legislation and legislative proposals
should be taken into consideration.
B. M A C H IN E -M A D E
S W IS S EM BROIDERY.
The delegates’ meeting requests the German, Austrian, American, French,
and Swiss sections to investigate the question whether the regulations relating
to conditions o f work in the embroidery trade proposed in the memorial
drafted by the board could be made the basis o f international negotiations
between the countries concerned. The sections in question are requested to
report to the board, who w ill then decide whether a special commission should
be convened to consider the matter.
V III.
a
I n d u s t r ia l P o is o n s ,
. w h it e
ph osph oru s.
The delegates’ meeting thanks the Austrian and British sections for their
scientific work, their efforts to arouse public opinion, and their parliamentary
activities, as a result o f which the adhesion of' their Governments to the con
vention prohibiting the use o f white phosphorus is expected. The meeting
also thanks the Spanish and Hungarian sections, which, with a like end in view,
have instituted inquiries and presented petitions. The board is instructed
to express the thanks o f the association to the Governments in question, as
soon as the prohibition in question is introduced, and to thank the British Gov
ernment without delay fo r introducing a bill to prohibit the manufacture and
importation o f white phosphorus matches, and also the Austrian House of
Representatives fo r the resolutions it has adopted in this sense, and the
Austrian Government fo r their sympathetic attitude.
The board is requested to continue its efforts in those countries which have
not yet joined in the Bern Convention, especially in ^Belgium and Sweden.
The dangers to the consumer attached to the use o f white phosphorus
matches make it desirable for countries where such matches are not pro
duced, but only imported (e. g., A ustralia), to prohibit their importation.
Such prohibition would incidentally facilitate the introduction o f the prohibi
tion in countries which have, as yet, refused to adhere to the Bern Con
vention merely out o f consideration for their export trade.
b
. lead.
1. Painting and D ecorating.
The delegates’ meeting repeats the wish, expressed at previous meetings,
that the use o f lead paints and colors should be prohibited. In particular, the
meeting is decidedly o f opinion that, according to present-day experience, the
use o f white lead can be dispensed with fo r internal painting and decoration,
and could, therefore, be prohibited. As regards the use o f lead paints and
246
S U R V E Y O F I N T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O R .
colors for all other classes o f painting, in particular the use o f white lead fo r
external painting and o f red lead for other classes o f work, the meeting con
siders that it would be advisable for the Governments to institute experiments
respecting the possibility o f prohibiting its use. The meeting draws further
attention to the Geneva resolution inviting the sections to report to every
delegates’ meeting on the state o f affairs in their respective countries.
Until a general prohibition o f lead paints and colors is introduced, all ves
sels and cases, in which substances containing lead are distributed for pur
poses o f trade or use, should be marked in an unmistakable manner, so as to
show that their contents contain lead and are poisonous. W orkmen employed
in preparing or manipulating paints and colors containing lead should always
have their attention drawn to the danger o f poisoning.
All workmen so exposed to danger, even those employed in small w ork
shops and those who do not work in a definite establishment, should be medi
cally examined at regular intervals.
2. Ceramic Industry.
The delegates’ meeting resolves that an international commission, consisting
o f three experts, be appointed, with the duty o f compiling regulations fo r the
prevention o f lead poisoning in the ceramic industry. The results arrived at
by this commission are to be submitted to the national sections for consideration
at least one year before the convocation o f the next delegates’ meeting. The
criticism s o f the sections shall be forw arded within six months to the com
mission, who shall hand in their final draft to the board within the follow
ing three months.
The follow ing principles shall be taken as the basis o f the deliberations o f
the com m ission:
1. The use o f lead glazes to be restricted as far as possible. T o this end the
Governments should encourage and promote the introduction o f leadless glazes
by official researches undertaken in collaboration with the interested parties,
and, in general, promote technical and hygienic improvements in the ceram ic
industry through the medium o f technical schools and lectures.
2. In so far as lead glazes necessarily continue in use, soluble lead constit
uents should be replaced by w ell-fritted and, as far as possible, insoluble
compounds.
3. The preparation o f lead frits and glazes should be effected as far as
possible in special glaze factories, or in perfectly adapted glaze departments
o f large firms.
4. In small potteries w ith low temperature furnaces, either w ell-fritted
glazes or galena (not red lead or litharge) should be used, according to tech
nical requirements. Further, in the very smallest undertakings (dom estic in
dustry) workrooms should be separated from dwelling rooms.
5. Even where carried on as a domestic industry, the ceram ic industry
should be subject to industrial inspection.
3. Polygraphic Industry.
The delegates’ meeting resolves to appoint another international commis
sion, consisting o f three experts, to prepare regulations fo r the prevention o f
lead poisoning in the polygraphic industry. As in the case o f the commission
on the ceramic industry, this commission shall report on the polygraphic in
dustry to the national sections one year before the next delegates’ meeting.
The criticism s o f the sections shall be forw arded to the commission within six
P R O P O S A L S F O R IN T E R N A T I O N A L A C T IO N .
247
months, and the commission shall hand in its final report to the board within
the follow ing three months.
The principles laid down in the prize essays and those purchased, and in the
reports presented by the sections, and the recommendations set out below,
shall be taken as the basis o f the deliberations o f the commission, as fa r as
concerns the typographical industry.
Experience has shown the excellent working o f the general hygienic pro
visions regulating conditions o f work in the letterpress printing trade con
tained in the German order. But these provisions would need to be extended
and supplemented in order to be applicable under present conditions in all
countries. In particular, the questions o f cleanliness and ventilation and of
temperature in rooms where lead is melted for type-setting machines, stereo
typing, or type founding need to be regulated in detail. Further, it w ould
seem desirable to prohibit eating and smoking in workrooms, to prohibit the
employment o f women in type founding and to introduce provisions requiring
type cases to be cleaned by suction. Provisions regulating the use o f lead
colors, similar to those proposed fo r painting and decorating, should be intro
duced also in the polygraphic industry. Lead and bronze dust generated in
processes regularly carried out should be drawn off by an apparatus from
which the dust can not escape. As a general rule, the different branches o f
work in the polygraphic industry should be carried on in separate rooms.
C. L IS T OF IN D U S T R IA L PO ISO N S .
The delegates’ meeting resolves that the list o f poisons drawn up by P rof.
Sommerfeld be referred to the sections for consideration.
I X . W o r k in g i n C a i s s o n s .
The delegates’ meeting resolves to intrust, at an nearly date, the compilation
o f a comprehensive report on work in caissons to a small special commission
o f experts. This commission shall present its report to the board fo r the use
o f the sections within one year at latest.
X . W o r k m e n ’s I n s u r a n c e : T r e a t m e n t o f F o r e ig n e r s i n
C a s e of A c c id e n t .
1.
In pursuance of Resolution I X adopted at Geneva, the delegates’ meet
ing expresses the wish that, either by national legislation, by treaties between
two States, or by a general International Convention brought about by the
initiative o f the Government o f one such State, the principle o f equal rights
fo r foreigners and subjects o f a State should be brought into force, not only
as regards the amount o f conmpensation payable, but also as regards the
conditions for receiving the same.
To this end the meeting recommends the adoption o f the follow ing principles
already embodied in certain treaties now in force i1
(a )
Foreigners meeting w ith industrial accidents and their dependents to
be placed in the same position as subjects o f a State, in respect o f compensa
1 Cf. Treaty between France and Italy, dated April 15, 1904.
Treaty between Belgium and Luxemburg, dated April 15, 1905.
Treaty between Germany and Luxemburg, dated September 2, 1905.
Treaty between France and Belgium, dated February 21, 1906.
Convention between Belgium and Luxemburg, dated May 22, 1906.
Treaty between France and Italy, dated June 9, 1906.
Treaty between France and Luxemburg, dated June 27, 1906.
Treaty between Germany and Holland, dated August 27, 1907.
248
S U R V E Y OF IN T E R N A T IO N A L , A C T IO N
A F F E C T IN G L A B O R .
tion for injuries resulting from such accidents, both as regards the amount and
the conditions under which it is payable.
(6 )
In the case o f transport undertakings extending over tw o countries,
the law o f the country where the undertaking has its dom icile shall apply in
respect o f the traveling staff, regardless o f the relative extent o f the business
done in the tw o countries respectively.
The traveling staff shall remain under the said law, even though occasion
ally employed in work which is attached to some other department o f the
undertaking.
(c ) Similarly in the case o f undertakings carried on in both countries, the
law o f the country where the undertaking is domiciled shall continue to apply
in the case o f workmen and employees who are only tem porarily employed,
and that fo r less than six months, outside the country where the undertaking
is domiciled.
(d ) I f an industrial accident occurs fo r which compensation is undoubtedly
payable, but a doubt arises as to who is liable to pay the compensation or as
to which legislation should apply, the insurer who is first concerned w ith th e
case shall pay compensation provisionally to the person entitled to receive the
same, until the incidence o f the liability is finally determined.
Provisional compensation so paid shall be reimbursed by the person found
liable to pay the compensation.
( e ) In enforcing the laws in question, the official bodies concerned shall ren
der each other mutual assistance.
They shall be bound to make the necessary inquiries fo r the determination
o f the facts o f any case.
The procedure fo r dealing with cases o f accidents to foreigners should be
made as simple and expeditious as possible.
( / ) Documents, certificates, etc., drawn up and delivered by one State to
another in administering laws relating to industrial accidents, shall not be
subject to any fees or taxes beyond those* which would have been imposed,
under the circumstances, in the country o f origin.
2.
The delegates’ meeting requests the sections o f those countries which are
backward in the matter o f treaties respecting the insurance o f foreign w ork
men, to promote the conclusion o f such treaties as soon as possible, and, in
order to facilitate their work, to enter, if possible into communication with
the sections o f the association in the other countries concerned.
Resolutions of the Sixth Delegates’ M eeting1 (Lugano, Sept. 26-28, 19X0).
I. I n t e r n a t io n a l L abor C o n v e n t io n s
of
B ern,
1906.
»
(1) The bureau is instructed to petition the Danish and Spanish Govern
ments to ratify at an early date the Bern Convention o f September 26, 1906,
respecting the night w ork o f women.
The bureau is instructed to take appropriate measures to secure the acces
sion o f Norway, Russia and Finland, Turkey, East India, the Australian and
Canadian colonies, and South A frica to this convention.
(2) The delegates’ meeting expresses its most cordial thanks to the French,
British, and Dutch Governments fo r the adhesion o f their colonies and pro
tectorates to the Bern Convention o f September 26, 1906, respecting the pro
h ib i t io n o f the use o f white (yellow ) phosphorus in the match industry, to
the Australian Commonwealth fo r prohibiting the use o f white phosphorus, to
1 Publications of the International Association for L abo r Legislation, No. 7, pp. 160-174.
Printed also in Bulletin No. 92 of the United States Bureau of L abo r Statistics, W ash
ington, D. C., 1911, pp. 182-193. See ante, pp. 99-101.
249
P R O P O S A L S P O R I N T E R N A T I O N A L A C T IO N .
the American section fo r its efforts in this direction in the United States, and
to the Hungarian Minister o f Commerce who has announced that the prohi
bition o f white phosphorus will most probably be introduced in Hungary at
an early date.
The bureau is instructed to persevere in its efforts to procure the adhesion
o f countries which have not yet joined the convention and especially Belgium,
Norway, Sweden, India, South Africa, and Japan.
II. N ew
S e c t io n s
C o o p e r a t io n
H
y g ie n e
at
C o n s t it u t io n s
and
w it h
D r esden
a
.
new
and
of
S e c t io n s .
I n t e r n a t io n a l
other
R ome.
s e c t io n s
and
P lace
A
and
F in a n c e s
s s o c ia t io n s .
D ate
c o n s t it u t io n s
of
of
and
B u l l e t in .
E x h ib it io n s
th e
of
N e x t M e e t in g .
s e c t io n s .
The constitutions o f the Norwegian and Swedish sections are approved.
b . f in a n c e s
and
b u l l e t in .
(1 ) The delegates’ meeting acknowledges with satisfaction the reports o f
the bureau, the treasurer, and the International Labor Office, and thanks them
heartily for their activity.
(2) The treasurer’s accounts, vouchers, and cash have been audited and
found correct.
(3) The budget fo r 1910 and 1911 is approved. The meeting approves the
advance payment o f 3,000 francs, requested and made in consequence o f the
issue o f the English edition o f the Bulletin having been expedited. In re
newing contracts for the publication of the Bulletin every effort shall be made,
to reduce the cost o f printing.
(4) The delegates’ meeting expresses to the Government o f the United
States its hearty thanks for the increase in its appropriation.
(5) The delegates’ meeting instructs the bureau to express to the British
Government its hearty thanks for sending official representatives, and, at the
same time, to convey to it, by these delegates, a request that the British Gov
ernment may make a contribution toward the expenses o f the International
Labor Office, as is done by the Governments o f all the industrial states o f
Europe and by the United States o f America. This request shall emphasize
the fact that such a contribution will be mainly applied to meeting the ex
penses o f the English edition o f the Bulletin, which is translated and printed
in England. In case the Government o f Great Britain should make an ap
propriation for the International Labor Office, the burear is authorized, in
its discretion, to contribute toward the expenses o f translating the Bulletin
into English a sum not exceeding in any year the sum actually received from
the British Government.
c.
c o o p e r a tio n
w ith
o th e r
in te r n a t io n a l
a ss o c ia tio n s.
The bureau is authorized to enter into communication with other associa
tions whose aims are similar to those o f the International Association fo r
Labor Legislation, in order to come to an understanding regarding any finan
cial or economic questions in which they may have a common interest.
D. IN T E R N A T IO N A L E X H I B I T I O N S
AT
DRESDEN
AND
ROME.
The delegates’ meeting leaves the bureau free to exhibit at the exhibitions
o f hygiene at Dresden and Rome any statistical tables or publications relating .
to industrial hygiene.
250
S U R V E Y O F IN T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O B .
E. PLACE AND DATE OF THE NEXT MEETING.
The delegates’ meeting resolves that the next (seventh) delegates’ meeting
o f the International Association shall take place in the autumn o f 1912 in
Zurich.
III. A d m i n i s t r a t i o n o f L a b o r L a w s .
(1) The delegates’ meeting takes note o f the proof o f the first comparative
report drawn up by the International Labor Office on the measures adopted in
European countries to enforce labor laws. This proof shall be submitted to
the sections with a view to its being amended and supplemented.
(2) The bureau is instructed to request the Governments, w ith a view to
making the administration o f labor laws in the different countries comparable,
to supply data at least on the follow ing points:
1. The nature and number o f the establishments subject to inspection and
of workers affected;
2. The number o f establishments actually inspected and o f workers affected;
3. The number o f visits o f inspection paid by inspectors, distinguishing
visits paid at night;
4. The number of cases where persons were cautioned or where penalties
were imposed for infringements o f the law ;
5. The nature and results o f arrangements for securing the cooperation o f
the workers in the enforcement o f the law—
(a ) By including workers in the staff o f inspection;
(&) By the institution o f regular relations between the inspecting staff
and organized and unorganized w orkers;
(c ) By giving workmen’ s trade-unions the right to take legal proceedings.
The data desired under 1 to 3 above should be classified according to in
dustries.
The headings o f the tables in inspectors’ reports should be given in one o f
the three principal languages.
IV.
C h il d L a b o r .
A special commission is appointed with instructions to examine the execu
tion, in the several countries, o f the laws for the protection o f child labor,
and to prepare a comprehensive compilation o f the results o f the investiga
tions undertaken by the sections in pursuance o f the Lucerne resolutions.
V . N ig h t W
ork of
Y oung P ersons.
Being convinced that the Lucerne resolutions form an adequate basis for
the international regulation o f the night work o f young persons, the dele
gates’ meeting instructs the bureau to request the Swiss Federal Council to
invite the Governments to an international conference on the subject.
The meeting instructs the subcommission to continue its work in pursuance
o f the Lucerne resolutions and to inquire whether the exceptions to the pro
hibition o f the night work o f young persons declared by the Lucerne resolu
tions to be permissible could not be further limited in the case o f young per
sons employed in glass works and rolling mills. These investigations shall
be continued until such time as the request for the international regulation
o f the question shall be presented to the Swiss Federal Council.
P R O P O S A L S F O R I N T E R N A T I O N A L A C T IO N .
251
Being convinced that it is reasonable to determine a definite period for the
application o f transitory provisions, the delegates’ meeting resolves that
Resolution V, 6, o f the Lucerne resolutions shall read as follow s:
Any transitory provisions applicable to rolling mills and glass works, con
tained in an international convention for the regulation o f the night work o f
young persons, should apply only for a definite period, which it is suggested
should be fixed at five years.
The meeting is o f opinion, that, in the absence o f sufficient information, it
w ould not be expedient to include in an international convention the ques
tion o f the night work o f young persons in hotels, restaurants and public
houses, shops and offices. Notwithstanding, the meeting wishes to draw the
attention o f the various national sections to the interest which every country
has in the legal lim itation o f the night work o f young persons o f both sexes
in these occupations.
VI. M a x i m u m W o r k in g D a y .
A.
T E N -H O U R M A X I M U M
W O R K I N G -D A Y FOR W O M E N IN E S T A B L IS H M E N T S E M P L O Y IN G
T E N OR M OR E W O R K E R S .
The delegates’ meeting confirms the resolutions o f the Fifth Delegates’ Meet
ing, and, in view o f the fact that several States have by national legislation
introduced the 10-hour wTorking-day for women, believes that the time has
come to extend this 10-hour working-day to all States by international treaty,
at least in the case o f establishments employing 10 or more workers.
The bureau is authorized to take such steps as may be necessary to bring
about such a treaty, and to draw up a memorandum on the subject.
The sections shall fo r this purpose report to the bureau by February 1,
1911, on the present state o f legislation and legal decisions on the hours o f
work o f women in their countries. The memorandum o f the bureau shall be
laid as soon as possible before a special commission o f five members.
B . T E N -H O U R
M A X IM U M
W O R K I N G -D A Y
FOR Y O U N G
P E R S O N S.
In view o f the fact that several States have by national legislation intro
duced the 10-hour maximum working-day for young persons, the delegates’
meeting believes that the time has come to extend the same by international
treaty to all States.
The bureau is authorized to take the steps necessary to bring about such a
treaty and to prepare for this purpose a memorandum which w ill take into
consideration the special circumstances in individual States and define ex
actly any exceptions which may be necessary.
The sections shall fo r this purpose report to the bureau by February 1, 1911,
on the present state o f legislation and legal decisions on the hours o f work of
young persons in their countries. The bureau’s memorandum shall be laid
as soon as possible before the special commission on the maximum workingday fo r women.
C. T E N -H O U R W O R K I N G -D A Y FOR M E N
IN
T E X T IL E IN D U S T R IE S .
The commission considers it unnecessary to consider again the question o f
lim iting the working-day o f men in the textile industries, since it is o f opinion
that the limitation o f the working-day o f women necessarily involves the limita
tion o f the working-day o f men.
It reserves the right, however, to take up the Lucerne resolution ^gain, at
a later date, if experience should show that this is necessary.
252
S U R V E Y O F I N T E R N A T I O N A L A C T IO N
D.
W O R K I N G -D A Y I N
A F F E C T IN G L A B O R .
C O N T IN U O U S P R O CE SSE S.
The delegates’ meeting considers the 12-hour day, which is still the general
custom in continuous processes, to be injurious to health. In particular,
working periods o f 18, 24 and even 36 hours (in changing shifts) are to be
condemned.
The bureau is instructed to appoint a special commission as soon as possi
ble and to present to it the material which is now available as well as any
further material which may be secured through the aid o f the national
sections.
This commission shall report in particular on the follow ing points:
1. On the best methods o f arranging sh ifts ;
2. On the possibility o f prohibiting the night work o f adults in certain con
tinuous processes or o f regulating such work where fo r technical reasons
work must be carried on at night;
3. On the necessity for the international regulation o f this matter.
The delegates’ meeting expects this commission to prepare its report and
proposals fo r reform as soon as possible, and at any rate in time for the next
meeting. A subcommission may be appointed if necessary to investigate the
conditions o f certain industries, such as the iron and glass trades.
E.
E IG H T -H O U R
S H IF T IN
M IN E S .
In pursuance o f the resolutions o f the Fifth Delegates’ Meeting o f the In
ternational Association for Labor Legislation with regard to the definition
o f the 8-hour shift for workmen employed below ground in coal mines,
the Sixth Delegates’ Meeting is o f opinion that the length o f a shift should
be reckoned as the period between the time when the first man o f such shift
to descend leaves the surface until the time when the first man o f tlie shift
to return completes his ascent to the surface.
The bureau is requested to recommend to the various States to take this
definition as the basis o f their legislation regulating the duration o f shifts.
In applying the above definition, the Sixth Delegates’ Meeting reaffirms the
Lucerne resolution o f 1908 recommending the introduction by law o f a m axi
mum 8-hour shift for all underground workers in coal mines.
F.
HOURS
OF W O R K
IN
S P E C IA L L Y
DANGEROUS
OR U N H E A L T H Y
IN D U S T R IE S .
The delegates’ meeting reaffirms the resolution o f 1906 and at the same time
declares that it is desirable for the proper authorities to have legal pow er
to regulate the daily period o f employment o f adult men in processes and
trades especially dangerous to health.
Accordingly the delegates’ meeting expresses the desire that the bureau
will place this subject upon the agenda of the next meeting.
V II.
W
o r k m en
’s
H
o l id a y s
.
The question o f holidays fo r workmen and employees shall be placed upon
the agenda o f the next delegates’ meeting.
The bureau is instructed to prepare a summary o f existing laws on this
subject in the various countries and to draw up statistical tables showing
the numBer of establishments in which holidays are allowed, and the num
bers o f workmen and employees affected.
P R O P O S A L S F O R I N T E R N A T I O N A L A C T IO N .
V III.
A.
H
om e
W
ork
253
.
GENERAL.
(1) The delegates’ meeting reaffirms the declaration o f the delegates’
meeting at Lucerne that the miserable position o f the home worker is due
primarily to inadequate payment and that consequently it is o f the first im
portance to find means o f raising wages.
Having this end in view—
I. The delegates’ meeting recommends afresh the organization o f home
workers in trade-unions and the conclusion o f collective wage agreements.
The meeting regards the unfettered right o f combination as the necessary
basis o f such collective agreements. In countries where collective agreements
are not yet legally recognized under existing law, recognition should be se
cured in such a manner as to insure their legal validity and their extension
when required to home workers in the same occupations who were not orig
inally concerned in the conclusion o f the agreements. The delegates’ meeting
urges the national sections to get into touch with existing organizations o f
workers with a view to promoting the conclusion o f collective agreements
with employers and employers’ federations.
II. The delegates’ meeting recommends the adoption by legislation o f the
principle that wage agreements fo r insufficient amounts or o f an usurious
nature should be null and void, and that the conclusion o f such agreements
should be subject to penalties. The meeting regards this principle as essential,
but at the same time it recognizes that the difficulties o f its application are
such as to prevent its adoption from being in any sense a solution o f the
problem.
III. The delegates’ meeting is o f opinion that at the present time there is
no really effective remedy fo r the evils o f home work but the establishment
o f wages boards such as those provided for in the British act. The meeting
is o f opinion that in setting up these wages boards the follow ing principles
should be observed:
(a ) The boards should have power to fix minimum rates o f wages for
home workers in certain industries and certain districts.
(&) The average daily earnings o f persons employed in workshops in the
manufacture o f the same articles should not fall below those o f home work
ers paid under the conditions contemplated below.
(c ) The delegates’ meeting is o f the opinion that no legislation fo r fixing
minimum rates o f wages fo r home workers can be effective unless it provides
for the imposition o f penalties upon employers who fail to pay the prescribed
rates o f wages.
( d ) The delegates’ meeting is o f the opinion that inspectors should be ap
pointed to enforce the payment o f the prescribed rates o f wages.
( e ) Trade associations o f employers and workers should have power to
take legal proceedings arising out o f legislation contemplated above.
(2) The meeting reiterates and reaffirms the measures recommended at
Geneva and Lucerne (compulsory registration, publication o f wages lists, ex
tension o f inspection, social insurance and sanitary regulations, promotion o f
trade-unions, consumers’ leagues, etc.).
(3) The sections shall report to the bureau every year on June 1 on the
organization o f wages boards, the methods o f determining rates o f wages and
th j consequent results, as well as on the realization of the resolutions o f the
delegates’ meetings at Basel, Geneva, and Lucerne. The bureau shall then
compile a comparative report and incorporate the same w ith future editions
o f the comparative report on the administration o f labor laws.
254
S U R V E Y O F I N T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
(4 )
The delegates’ meeting congratulates the British Government and
Parliament on their successful initiative in the matter o f the protection o f
home workers. In addition the bureau is instructed to express to the British
Board o f Trade the warmest thanks o f the association for the memorandum
on the Trade Boards A ct presented to the meeting.
B . M A C H I N E -M A D E
S W IS S
E M B R O ID E R Y .
The delegates’ meeting considers that it is desirable fo r hours o f work in
the machine-made Swiss embroidery trade where carried on as a home in
dustry to be uniform ly regulated in all the countries concerned.
The board is instructed to approach the interested parties through the
medium o f the sections, and to convene, i f possible within a year, a meeting
o f a special commission (consisting in the first place o f representatives of
Germany, Austria, Italy, France, and Switzerland) appointed to report to the
next delegates’ meeting on appropriate measures to be adopted on this matter,
including transitory provisions.
The sections concerned are requested, within their respective spheres, to
take such steps as may seem good to them to secure the adoption o f a uni
form system o f regulation and to promote at the same time measures for the
protection o f the home industry in question, and, in particular, the institu
tion or encouragement o f so-called crisis funds, which could be secured for
instance by an agreement between Switzerland and the districts o f the Vorarlberg where the industry is carried on.
Should the special commission agree in the meantime upon such uniform
regulations, the bureau shall have authority, in its discretion, to submit the
same to the Governments concerned.
IX .
a
.
I
n d u s t r ia l
w h it e
P
o is o n s
ph o sph o r u s
,
.
(See paragraph (2 ) o f Section I above: International Labor Conventions
o f Bern, 1906.)
B . LE A D .
(a ) Painting and D ecorating.
The delegates’ meeting is o f opinion that the time has come to prohibit the
use o f lead paints and colors fo r interior work and to require that all re
ceptacles containing such colors shall be clearly marked to that effect. The
bureau is instructed to approach the national sections on the matter, being
guided by the principles set forth in the petition submitted to the meeting.
The sections are requested to give the petition their active support on its
presentation to their Governments.
(&) Ceramic Industry.
The delegates’ meeting resolves to recommend to the Governments, by
means o f a petition presented by the bureau, the follow ing principles fo r the
regulation o f hygienic conditions in the ceramic industry.
Principles for the Regulation of Hygienic Conditions in the Ceramic Industry.
I.
The Governments should take steps towards the abolition o f the use o f
lead in the ceramic industry.
PROPO SALS FO R IN T E R N A T IO N A L A C T IO N .
255
T o this end the follow ing measures should be a d opted:
1. In the m anufacture o f china and earthen ware fired at a high temperature
the use o f lead glaze should be prohibited.
2. As regards the manufacture o f earthenware fired at a low temperature
a provisional list o f articles should be drawn up which can, at the present
time, be m anufactured without lead. This list, which would be subject to
extension, should contain articles o f common use such as pots, washing basins,
dishes, mugs, bowls, etc., electrical insulators, etc.
3. As regards the m anufacture o f common pottery and plain stove tiles
fired at a low temperature, such as are manufactured on the Continent both
in small workshops and in the w orkers’ homes, litharge and red lead should
be replaced by galena or any other less dangerous glaze. The preparation
and use of unfritted glazes and the fritting process should be prohibited in
such works.
The follow ing measures would tend to encourage the gradual adoption o f
leadless glazes in the ceramic industry:
(a )
The instruction and assistance o f all occupiers in the industry wishing
to make a practical trial o f the use o f leadless glazes.
(&)
The strict enforcement o f hygienic regulations in works using lead
glazes.
II. Existing regulations for factories and workshops should alone apply to
establishments where leadless glazes are exclusively and permanently used.1
Factory inspectors should have power to take, for purposes o f analysis at
any stage and at any time, samples o f glaze and o f the substances used in the
preparation o f the same.
III. The follow ing regulations should be adopted in the case o f works using
lead glazes:
1. The proper authorities shall have power to require, where necessary, the
glazes used to be modified in order to prevent injury to the health o f w ork
men employed in contact with the same.
2. The mixing, grinding, and transportation o f lead glazes as well as the
lead used in their preparation, shall be effected either in a thoroughly damp
state or in apparatus which permits no dust to escape.
3. Frit kilns must be so arranged that the molten frit can flow off into
water, and frits must always be drawn off in such a manner.
4. Calcining shall be effected in a place separated from all the other w ork
places, and exhaust ventilation in good working order shall be placed over
the openings o f the furnace.
5. Effective exhaust ventilation shall be applied in a suitable manner at all
points where dust is generated, such as the openings o f grinding and mixing
apparatus, o f transport apparatus, and o f frit kilns, and benches where glazes
are applied in a dry state, where glazes or colors are applied by dusting, or
where ware cleaning is carried on.
All places where lead glazes or the lead used in their preparation are han
dled must be at least 3.5 meters in height and 15 cubic meters o f air space
shall be allowed fo r each workman.
The floor must be impervious and washable, and the walls covered to a
height o f two meters with a smooth and washable coating or paint.
1 W ithin the meaning of these provisions leadless nonpoisonous glazes shall mean all
compositions or frits used for glazing in the ceramic industry which contain not more
than 1 per cent of lead. Compositions containing no lead compound other than galena
shall be held to be leadless. A ll other glazes shall be held to contain lead within the
meaning of these provisions.
256
S U R V E Y O F I N T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O R .
6. No glazes shall be manufactured or used in living or sleeping rooms, and
no lead glazes or lead used in their preparation, or pottery covered with un
fired glaze shall be brought into or stored in such rooms.
W here more than five persons are employed fu ll time in an undertaking,
the said processes shall not be carried on in living or sleeping rooms or in
rooms where other work is carried on, nor shall glazes, the lead used in their
preparation, or pottery covered with unfired glaze be brought into or stored
in such places.
7. On the conclusion o f a suitable period o f transition no fem ale person
shall in any circumstances be employed in any kind o f w ork whatsoever which
would bring her into contact w ith unfired lead glazes or compounds or with
the lead used in their preparation. No male young persons under 18 years o f
age shall be employed in such work except in so far as may be necessary for
the purposes o f learning the trade.
No young persons under 18 or women shall be employed in* any circum
stances in the calcining process or in cleaning places where the above-men
tioned substances or objects covered with unfired glaze have been manipu
lated or stored.
8. Hours o f work shall be reduced fo r all persons employed in the pro
cesses mentioned in the preceding paragraphs in proportion to the dangers
attendant upon the respective processes, and especially in the case o f w ork
men in the calcining process, who shall not be so employed continuously.
9. All workpeople employed in the manufacture o f glazes containing lead,
as well as those who come into contact with raw glazes or the lead used in
their preparation, shall wear special working clothes.
10. The employer shall supply without charge a sufficient quantity o f suit
able working clothes, drinking and washing water, glasses, soap, and towels,
'llie employer shall provide for the washing o f the said wTorking clothes and
towels.
11. No person shall eat, drink, or smoke in or bring any food, drink, or
tobacco into places where lead glazes or the lead used in their preparation
are handled, or which are used for storing these substances or pottery cov
ered with unfired lead glazes.
12. The workpeople in question shall be examined every three months by a
medical practitioner, appointed by the State authorities. The result o f the
examinations shall be entered in a register kept fo r the purpose which shall
be open to inspection by the inspecting authority.
13. No workman who is suffering from lead poisoning, or who has been
found by the medical practitioner named in section 12 to be unfit on medical
grounds fo r work in contact with lead, shall be employed in the above-men
tioned branches o f the trade, or in rooms where such w ork is carried on,
during such period as may be fixed by the medical practitioner, but the em
ployer shall employ him elsewhere.
14. Tw o cloak rooms shall be provided, one fo r working and one fo r out
door clothes, with a suitable lavatory and bathroom between the two. A
mess room shall also be provided.
In small undertakings there shall be provided at least dust-proof cupboards
where the workers’ outdoor and working clothes shall be kept separately, and
lavatory accommodation.
15. Employers shall give all workpeople contemplated in paragraph 9 on
their entering the employment printed instructions as to the dangers o f lead
poisoning and its prevention, and shall affix such instructions in the work
places.
P ROPO SALS F O B IN T E R N A T IO N A L A C T IO N .
257
16.
In the case o f establishments using lead glazes so composed that the
consequent risk to health is small, temporary exemptions from the preceding
provisions may be allowed by the authorities in exceptional circumstances.
(c ) P oly graphic Industry.
The delegates’ meeting resolves to recommend to the Governments by means
o f a petition presented by the bureau, the follow ing principles fo r the regu
lation o f hygienic conditions in the polygraphic industry.
Principles for the Regulation of Hygienic Conditions in Printing Works and Type Foundries.
(1) All places in which employees come into contact with lead or its alloys
or compounds shall be well lighted and easily heated and ventilated. There
must be an allowance o f at least 15 cubic meters o f air space and three square
meters o f floor space fo r each person employed. W orkroom s in new premises
shall be at least three meters in height.
(2 ) W ork contemplated in section 1 which causes any considerable amount
o f dust or an appreciable rise o f temperature (such as the melting o f lead or
type metal, the use o f more than one monotype or linotype machine, stereotyp
ing, finishing, and dressing type, and bronzing with powdered bronze) shall be
carried out in separate workrooms which must not be in a basement, except
where the work is carried on only in exceptional circumstances. In large
establishments the composing rooms must be separate from other workrooms.
(3) Room s must be well lighted with both natural and artificial light, so
as to protect adequately the eyesight of the persons employed, consideration
being paid to the nature o f the work.
(4) The floors o f all places mentioned in section 1 shall be without cracks
and washable or covered with a substance fo r preventing dust. The walls
must be covered to a height o f two meters with a smooth washable coating
or paint o f light color. No shelves or other appliances where dust can ac
cumulate shall be fitted up, except such as are necessary for the work.
(5) In larger establishments suitable lavatories and cloak rooms separated
from the workrooms shall be provided. In small establishments arrange
ments shall be made for employees to keep their outdoor and working clothes
in separate cupboards, and lavatory accommodation with sufficient water laid
on, together with a plentiful supply of drinking water shall be provided. In
type foundries, large printing works, and works where night work is the rule,
mess rooms shall be provided.
(6) Women and young persons under 18 years o f age shall not be em
ployed in the occupations contemplated in section 1, provided that apprentices
may be employed in any occupations fo r the purposes o f learning the trade,
but shall in no circumstances clean the workrooms or cases. The question o f
whether women should be admitted or excluded from the occupations o f com
posing and operating type-setting machines shall be definitely decided after
thorough investigations have been made (see last paragraph, section 15) into
the degree of danger attending these occupations.
(7) The floors o f all work places, cloakrooms, and lavatories shall be
cleaned every day. Once a week all rooms shall be thoroughly cleaned, and
after working hours as far as workrooms are concerned. A sufficient num
ber o f spittoons shall be provided. The workrooms shall be thoroughly aired
several times a day.
(8) Compositors’ tables and shelves must be fixed close to the floor, or else
arranged in such a way that there is a distance o f at least 25 centimeters
143445°—20—Bull. 268------17
258
S U R V E Y O F I N T E R N A T I O N A L A C T IO N A F F E C T IN G L A B O R .
between the floor and the lowest shelf. Cases in regular use must be cleaned
when necessary and not less often than once in three m onths; other cases
must be cleaned before use. The cleaning o f the cases shall be effected by
suction, or where necessary in the open air, provided that suitable precautions
are taken to protect the workers from dust.
(9) Melting pots and crucibles shall be fitted with sufficiently large pipes
fo r drawing off their contents, and the crucibles and pipes shall be covered
so as to be heat proof.
The temperature o f work places where founding, stereotyping, or typeset
ting by machinery is carried on shall not exceed 25° C., unless the outdoor
temperature exceeds 18° C. in the shade, in which case the difference shall
not exceed 7° C.
(10) Coloring matter containing lead shall be prepared by mechanical
means only.
(11) Bronzing with bronze powder shall be effected only by machines al
lowing no dust to escape and provided with exhaust ventilation. Bronzing
with bronze powder shall not be effected by hand, except where the work is
undertaken only in exceptional circumstances and rarely, in which case respi
rators covering mouth and nose shall be worn.
(12) All workmen employed in occupations contemplated in section 1 shall
wear washable working clothes.
(13) No unpurified and injurious substances shall be used to clean rollers
or type, etc.
(14) No persons shall eat, drink, or smoke in the work places, or bring any
food, drink, or tobacco into them.
Workmen shall wash their faces, mouths, and hands before every break in
work and before leaving work. The employer shall provide without charge
towels and soap and fo r each workman a separate glass fo r rinsing the
mouth.
(15) Workmen employed in composing, in melting and casting type, in
linotyping, in stereotyping, and in finishing and dressing type shall be medi
cally examined every three months by a medical practitioner approved by
the State authorities fo r the purpose. *
Persons whom the medical practitioner shall declare unfit shall not be em
ployed in the occupations contemplated in section 1 during such period as
may be prescribed by him. The employer shall be bound to employ such per
sons in some other manner.
All apprentices shall be medically examined before beginning their ap
prenticeship.
In view o f the inadequate and inexact nature o f the documentary inform a
tion available on the extent to which compositors and the operators o f type
setting machines are exposed to the danger o f poisoning, a fresh investigation
shall be undertaken, the results of which shall be laid before the delegates’
meeting at Zurich in 1912. (See section 6.)
C . P R O TEC TION
OF
HOMEWORKERS
FR OM
IN D U S T R IA L
P O IS O N S .
The question o f the protection o f homeworkers from industrial poisons
shall be placed upon the agenda o f the next delegates' meeting.
D. L I S T OF IN D U S T R IA L P O IS O N S .
The delegates’ meeting takes note o f the admirable list o f industrial poisons
drafted by Prof. Sommerfeld and amended by Dr. Fischer and the com
P R O P O S A L S F O R I N T E R N A T I O N A L A C T IO N .
259
mission in the light o f practical experience, and expresses its sincere thanks
to these two authors.
At the same time the meeting recognizes the absolute im possibility o f draw
ing up a complete list corresponding to industrial conditions fo r the time
being in all countries without the cooperation o f the national sections. The
bureau is requested to transmit to the sections and to the permanent council
of hygiene the list which is now in course of preparation by a subcommission.
The sections shall thereupon, with the assistance o f their respective Govern
ments, revise and supplement the list by April 1, 1911. The bureau shall then
arrange, in agreement with the permanent council o f hygiene, for the publi
cation o f the list.
X.
W
ork
A.
in
C o m p r e s s e d A ir .
W ORK IN
C A IS S O N S .
Since the protection o f workers in caissons can not be regarded as directly
affected by international competition, it is not a subject for international
agreement, but at the same time it is expedient for the International Asso
ciation fo r Labor Legislation to urge the various Governments to introduce
legislation fo r the protection o f caisson workers as has been done in France
and Holland. The principles here follow ing should form the basis o f such
regulations.
Principles for the Regulation of Work in Caissons.
1. The danger to life and health to which persons working in caissons under
a high air pressure (from about 1.5 atmospheres in excess o f atmospheric
pressure) are in general exposed must be regarded as appallingly great.
2. The danger can be reduced to a very considerable extent by the adoption
o f suitable prophylactic and therapeutic measures. The introduction o f such
measures consequently form s an important branch o f labor legislation.
3. Protective measures can not be expected to succeed unless they are
designed on the right lines and strictly carried out. Consequently it is neces
sary for such regulations to be introduced by State legislation, and enforced
by administrative authorities, and fo r contraventions to be punishable.
4. Regulations for the protection o f caisson workers should contain pro
visions—
(a )
Requiring the admission o f persons to work in caissons to be dependent
upon the result o f a strict medical examination.
(&) Requiring the organization o f a regular system o f medical supervision
on the works and wherever possible a permanent staff o f medical officers.
(c ) Fixing exactly the periods o f employment and the manner o f locking
in and unlocking, according to the depth of the works and the pressure.
(d ) ^Prescribing suitable hygienic regulations respecting •the air supply in
the caisson and air locks, variations o f temperature, accommodation fo r w ork
men on the works, the conduct o f workmen, etc.
(e) Prescribing all arrangements necessary for the safety o f the workmen.
( / ) Insuring that suitable appliances for treating persons taken ill— es
pecially a properly fitted up recompression lock— and the necessary staff fo r
attending them shall be available.
(g ) Requiring a register to be kept on the works, containing the name
and forename o f every person subject to medical examination, particulars o f
the result of each examination, and particulars o f all cases where medical
treatment was given on the works and the results o f the same.
260
S U R V E Y OF IN T E R N A T I O N A L A C T IO N
A F F E C T IN G L A B O R ,
B. DIVERS.
Since divers, especially those employed in salvage apemtions, are liable to
be called upon to work in foreign waters or on ships o f a different nationality,
it seems advisable that their occupation should be regulated by international
agreement.
The members o f the permanent council o f hygiene shall collect from every
country the regulations and official and private instructions respecting diving
operations.
The International Labor Office shall thereupon transmit copies o f these regu
lations, etc., to the members o f the special commission, which shall prepare a
report on the subject fo r the next delegates’ meeting.
X I.
T h e P r o t e c t io n
of
R
a il w a y
A
Servants
u t o m a t ic
and
P r e v e n t io n
of
A c c id e n t s :
C o u p l in g .
The bureau is instructed to make a further report to the next delegates’
meeting regarding the international prevention o f accidents and the protec
tion o f those employed on railroads and in the carrying trade. The sections
are requested to petition their Governments for the introduction o f auto
matic couplers.
X II.
W
orkm en’s
I n surance: E
qual
T reatm ent
of
F o r e ig n W
orkm en.
(1 ) The association requests the American section to continue its efforts
to secure the passage in the several States o f the Union o f suitable law s fo r
insurance against sickness and accident, which shall not discrim inate against
alien workers and thus carry out Resolution IX adopted at Geneva, and
Resolution X adopted at Lucerne, and it thanks this section fo r the initiative
which it has taken in this question of the protection o f immigrants.
(2) A special commission is appointed with instructions to seek w ays and
means by which the equal treatment o f native and foreign workmen may be
guaranteed, not only in respect o f insurance against industrial accidents, but
also in other departments o f social insurance, and to report to the next dele
gates’ meeting.
Resolutions of the Seventh Delegates' Meeting1 (Zurich, Sept. 10-12, 1912).
1. P u b l i c a t i o n
of
R eports.
The bureau is requested to communicate with the national sections in order
to seek means o f simplifying and expediting the publication o f the reports
presented to the delegates’ meeting.
2.
F in a n c e s .
6
I. The delegates’ meeting acknowledges with satisfaction the reports o f the
bureau, the treasurer, and the International Labor Office and thanks them
heartily for their activity.
II. The treasurer’s accounts, vouchers, and cash have been audited and
found correct.
The delegates’ meeting wishes to express to the retiring treasurer, Mr. Coun
cillor Wullschleger, cordial appreciation o f his past services.
III. The budget for 1912 and 1913 is approved.
1 See pp. 101-103.
PROPOSALS FOR INTERNATIONAL ACTION.
3 . B u l l e t in
of t h e
261
I n t e r n a t i o n a l L a b o r O f f ic e .
The delegates’ meeting thanks the British Government most cordially fo r
the subvention granted to the International Labor Office, which has enabled
the office to bring out the English Bulletin in the same form as the French
and German Bulletins, and to cover the expenses out o f the grants from
countries using the English edition.
In view o f the fact that under present circumstances the English edition
must, in the interests o f efficiency, be translated and printed in an Englishspeaking country, the delegates’ meeting approves the arrangements made by
the bureau in this respect.
The delegates’ meeting, nevertheless, hopes to procure considerable increases
in the contributions o f English-speaking countries towards the International
Association and the International Labor Office, by the foundation o f new
sections, by the support o f further Governments, and by increases in existing
Government subventions.
4. N e w N a t i o n a l S e c t io n .
The delegates’ meeting welcomes the foundation o f a section in Finland
and approves its statutes.
5 . C o o p e r a t io n
w it h
O t h e r I n t e r n a t io n a l A
s s o c ia t io n s .
I. The delegates’ meeting instructs the bureau to discuss, w ith the presidents
o f the international associations on unemployment and on social insurance,
steps to promote social reform, tending to facilitate the work o f the three
associations serving its ends. The delegates’ meeting requests the bureau,
in this connection, to see that the autonomy o f the International Association
for Labor Legislation and the liberty to choose its branches o f work and the
manner o f carrying them out, shall be guaranteed, and that the relations o f
the national sections w ith the International Association shall not be interfered
with in any respect. The bureau is requested to report to the next delegates’
meeting on the result o f the negotiations in order that resolutions may be
adopted on the matter. But the bureau is authorized to cooperate at once,
subject to the above conditions, with the two other associations.
II. The bureau is authorized to enter into relations with the Bureau o f In
ternational Home W ork with a view to coordinating the efforts of the two
organizations.
6. N e x t D e l e g a t e s ’ M e e t i n g .
The delegates’ meeting resolves that the Eighth Delegates’ Meeting shall
be held at Bern in 1914.
7. I n t e r n a t i o n a l C o n v e n t i o n s .
I. The delegates’ meeting ratifies the steps taken by the bureau.
II. The Bureau o f the International Association is instructed to thank the
Swiss Department o f Industry very cordially fo r the intention they have e x
pressed o f recommending to the Swiss Federal Council to convoke, at the re
quest o f the association, a second international conference on labor legislation.
III. The Bureau o f the International Association is instructed to express to
the Spanish Government the thanks o f the association for having introduced
the legal prohibition o f the night' work o f women.
262
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
IV. The delegates’ meeting expresses most cordial thanks to the Government
o: New Zealand and the Union o f South A frica for their adhesion to the in
ternational convention o f Bern respecting the prohibition o f the use o f white
(yellow ) phosphorus in the match industry; to the Hungarian Government
for the prohibition o f white phosphorus in the manufacture o f m atches; to
the Federal Government o f the United States fo r the prohibition of the im
portation and exportation o f poisonous phosphorus matches and the imposi
tion o f a prohibitive ta x ; and to the Government o f the M exican Republic
for introducing the prohibition likewise. The association wishes on this oc
casion to thank the American section again for their zealous work in pro
moting this legislation.
V. The bureau is instructed to continue their exertions in those countries
which have not yet signed the two Bern conventions.
VI. The delegates’ meeting requests the bureau to draw the attention o f
the national sections to the interpretation given in different countries to the
Bern conventions. The bureau is recommended to insert in the quarterly
reports particulars o f inform ation received from the national sections on this
matter.
8. T
he
A d m in is t r a t io n
of
I n t e r n a t io n a l L a bor T r e a t ie s
and
of
L a b or L a w
s.
I. The delegates’ meeting invites the national sections which have not yet
done so to submit the petition on the reform o f official statistics to their
Governments.
II. Since article 5 o f the international convention o f September 26, 1906,
respecting the prohibition o f the night work o f women in industrial occupa
tions, provides that the Governments should exchange through diplomatic
channels their periodical reports on the administration o f laws and orders
concerned with the subject o f the convention, it is desirable that these re
ports should be published by the signatory States in a form such as to make
it possible fo r each o f the Governments concerned to compare the standard
o f administration o f the labor treaties in the other signatory States.
III. In view o f the fact that it is not possible to give a reply at present to
some o f the questions contained in Paragraphs II and III o f the proposals o f
the bureau, the delegates’ meeting requests the bureau to enter into an agree
ment directly w ith the Governments on the subject o f the elaboration o f uni
form statistics which w ill enable it to publish every fou r years the compara
tive report on the administration o f labor laws.
With this object the Governments shall be invited to appoint an interna
tional commission o f statistical experts and inspectors o f labor.
IV. The delegates’ meeting requests the national sections to endeavor to
persuade the Governments to appoint a large number of women inspectors,
and to arrange that at least one woman inspector shall be stationed in each
center o f industry where the employment o f women or children is general.
9 . C h i l d L a bo r .
The sections are requested to establish special child labor committees with
the duty o f—
(a ) Supplying the inform ation desired in the International Labor Office’s
questionnaire, and
(b ) Reporting, on the basis o f this inform ation, to the next delegates’
meeting on ways and means o f carrying out and extending the existing laws
fo r the protection o f children.
PROPOSALS FOR INTERNATIONAL ACTION.
263
The bureau shall prepare a comparative survey o f these reports and present
it to the International Special Commission on Child Labor. This commission
shall submit definite proposals to the next delegates’ meeting.
10. S a t u r d a y H
alf
H
o l id a y .
In view o f the fact that a free Saturday afternoon is necessary in order to
give working women a real rest on Sundays;
That this institution alone is able to insure to the workers in every week a
full day o f fam ily life ;
That this Saturday h alf holiday is already introduced wholly or partially
for children, young persons, and women, and even for adult workmen in the
legislation o f the German Empire, the United Kingdom, Greece, the Nether
lands, and Sw itzerland;
That the initiative o f the employers’ and workmen’s associations is en
deavoring to promote the extension o f the Saturday half holiday in all indus
trial countries;
The delegates’ meeting desires that the Saturday half holiday fo r women
w orkers and young persons should be made the subject o f an international
convention; and instructs the subcommission on the maximum 10-hour w ork
ing day to draw up, in conjunction with the bureau, a report to be laid before
the next delegates’ meeting.
1 1. H
ours
of
L abor
in
C o n t in u o u s
I n d u s t r ie s .
I. In view o f the resolutions o f the Lugano meeting and o f the facts pre
sented to the special commission in London, the delegates’ meeting is o f the
opinion that the eight-hour shift in continuous industries (industries working
night and day) is the best shift system for such w ork and should be strongly
recommended both from the point o f view o f the physical and moral w elfare
o f the workers and in the social and economic interest o f society generally.
II. The delegates’ meeting is of opinion that the reports presented by the
different national sections have shown that in the iron and steel industries
(blast furnaces, iron and steel works, rolling m ills) the eight-hour day is
very necessary and is practicable for the shift workers.
The delegates’ meeting instructs the bureau to request the Swiss Federal
Council to address to the Governments as soon as possible the request to ar
range a conference o f the interested States with a view to arriving at an in
ternational agreement as to the introduction o f the eight-hour day fo r those
workers.
III. The delegates’ meeting is o f opinion that as regards glassworks, the
investigations are sufficiently advanced for the conclusion at any rate o f an
international convention on the basis o f a working week o f 56 hours on the
average with an uninterrupted weekly rest o f 24 hours. The bureau is re
quested to choose the most favorable time for taking steps to this end.
IV. The delegates’ meeting is of the opinion that as regards other continu
ous industries the national sections should by investigations prepare the way
for the introduction o f the eight-hour day or o f a corresponding maximum
week.
{a ) In continuous industries, where the working-day (i. e., hours during
which the workmen are required to be present at the works) exceeds 10 hours
in 24, or where each set o f men w orks more than six shifts per week. ( I)) And in those industries (e. g., paper and pulp mills, chemical indus
tries) where conditions seem to be ripe for the introduction o f the three-shift
system in many countries.
264
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
12> P r o t e c t io n
of
R a il w a y E m plo yees.
I. The bureau is instructed to approach the railway administrations o f all
countries and request them to complete the tables respecting time on duty,
hours o f work, night’s rest, leave, days o f rest.
II. These tables shall then be submitted, together with any other results
from inquiries now in progress, to a special commission consisting o f seven
members. This commission shall report before the next delegates’ meeting
assembles on—
(a ) The diversity in the number o f accidents among employees o f the same
class in different countries and if possible on the causes o f this diversity.
(b ) The differences in the organization o f the service (tim e on duty,
hours o f work, overtime, periods o f rest, le n g th 'o f the day o f rest, days o f
leave) and on the causes o f these differences as fa r as they can be ascer
tained.
(c ) Institutions for the settlement o f disputes, respecting hours o f work
and wages in the railway service, and their success.
( d ) The basis o f statistics o f sickness in the railway service.
III. The special commission shall have authority to institute analogous in
vestigations respecting the conditions o f labor o f telegraphists (including
radio-telegraphists) and telephonists.
1 3 . P r o t e c t io n
of
D ock
W
orkers.
The bureau is instructed to request the national sections o f countries hav
ing seaports to make an investigation into the labor conditions o f dock workers
w ith special reference to the number o f hours worked, and to report before
the next delegates’ meeting.
When instituting investigations into the hours o f work o f dock laborers the
national sections shall likewise have the duty o f considering the question o f
maximum loads for dock laborers.
14.
H
y g ie n ic
W
o r k in g -D a y .
I. The bureau is instructed to express the thanks o f the association to the
Governments which have instituted special inquiries into the hours o f labor
in particularly unhealthy trades, and requests them and other Governments
to extend their inquiries to other unhealthy industries which are not men
tioned in the list o f May, 1912. The supplementary list shall be drawn up
by the bureau after consultation with the permanent council o f hygiene.
II. A special commission shall be appointed by the bureau in agreement
with the national sections and the permanent council o f hygiene, with the
duty o f drawing up a memorial containing particulars o f existing legislation,
of the hours o f labor actually prevailing, and o f the accident, sickness, and
mortality rates in ..11 trades considered to be dangerous and unhealthy, and
also proposals respecting the prohibition o f the employment o f children,
young persons, and women, and the lim itation o f their hours o f labor, and
also o f those o f adult men. This memorial shall be submitted in proof to the
next delegates’ meeting.
•
15. W
o rkm en’s
H
o l id a y s .
The^national sections are requested to approach their Governments with a
petition that they will complete the inquiries into workmen’s holidays.
PROPOSALS FOR INTERNATIONAL ACTION.
1 6. L e g a l R e l a t i o n s B e t w e e n E m p l o y e r s
and
E
265
m ployed.
The delegates’ meeting requests the bureau to ask the sections whether and
how far they are disposed to draw up a statement o f the existing legal pre
scriptions and customs in their countries which regulate the individual and
collective relations between employers and employed both in the course o f and
outside employment, and to communicate the results to the international labor
office.
17. T
he
T ruck System
and
R e d u c t io n s
fr om
W
ages.
I. In view o f the abuses which have arisen, in a great number o f industries,
in respect o f the use o f disciplinary fines and deductions fo r damages, as well
as o f the numerous varieties in the truck system (payment in kind, or by
means o f bonds and tickets to be drawn on .the establishment o f the em
p loyer), o f which the general result is to reduce the wages o f unskilled
workers and women, the delegates’ meeting requests the national sections to/
submit to their respective Governments, in accordance with the spirit o f pro
tective legislation already in force, legislative proposals as follow s;
(a )
In all industries, whether carried on in the factory or the home, the
payment o f wages in kind or by means o f bonds payable in the form o f goods
on sale in establishments conducted by the employers shall be prohibited in
principle.
(&)
The whole system o f fines and deductions fo r damage (the case o f
w illful and malicious damage only excepted) shall be abolished: Provided,
That, even in the case o f malicious damage, the employer shall not be author
ized to impose any penalty without the order of the court. W here the com
plete suppression o f deductions does not appear to be immediately possible,
such deductions shall neither be established nor exacted except by agree
ment either with the workpeople concerned, or with their organizations where
any such organization exists.
(c )
Materials (used in the process o f .manufacture) must be furnished
gratuitously by the employer to the factory worker and the home worker
alike. In the case o f tools supplied to the worker by the employer any
charge made by the employer shall be for the cost price only.
The sections are requested to forw ard by every means in their power the
drafting and discussion o f bills embodying the desire expressed by the dele
gates’ meeting.
II. In certain countries there exist pension and thrift funds to which work
men and employees are compelled to subscribe. In case o f annulment o f their
engagements for any cause, they lose the rights which they have acquired by
the payment o f these subscriptions. The delegates’ meeting recommends the
passing o f laws securing to workmen compelled to pay these subscriptions the
repayment of all sums contributed by them, should they be dismissed before
they have acquired a right to pension.
III. The delegates’ meeting requests, in addition, that legislative steps
should be taken to remove the abuses which have arisen in connection with
the building o f workingmen’s dwellings erected in order to deprive the w ork
man o f the exercise o f rights with which legislation has invested him fo r the
protection o f his interests.
18. H
ome
W
ork.
The delegates’ meeting declares again most emphatically, in view o f the
fresh studies and experimental inquiries made during the tw o years last past,
that the miserable condition o f a large proportion o f the home workers is
266
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
caused especially by their absolutely insufficient wages, and that no im prove
ment can be hoped fo r so long as means are not found to raise wages.
To this end the delegates’ meeting recommends again—
I. The organization o f home workers in trade-unions and the conclusion of
collective wage agreements. The meeting regards the unfettered right o f
combination as the necessary basis o f such collective agreements. In coun
tries where collective agreements are not yet legally recognized under existing
law, recognition should be secured in such a manner as to insure their legal
validity and their extension when required to home w orkers in the same occu
pations who were not originally concerned in the conclusion o f the agreement.
The delegates’ meeting urges the national sections to get into touch w ith the
existing organization o f workers with a view to promoting the conclusion o f the
collective agreements with employers and employers’ federations.
II. The adoption by legislation o f the principle that wage agreements for
insufficient amounts or o f an usurious nature should be null and void, and that
the conclusion of such agreements should be subject to penalties. The meet
ing regards this principle as essential, but, at the same time, it recognizes that
the difficulties o f its application are such as to prevent its adoption from being
in any degree a practical solution o f the problem.
III. The delegates’ meeting believes that any legislation in favor o f home
workers w ill be ineffective so long as it is not founded on minimum rates
fixed by wages boards constituted according to the follow ing prin cip les:
(1) The board shall be composed o f an equal number o f employers and em
ployees, chosen generally by the parties or, if this is impossible, by bodies
acting on their behalf or, failing these, by the Government.
The president shall not be an employer or an employee and shall be elected
by the board. The Government shall appoint him in case o f disagreement.
He shall have the casting vote.
(2) The minimum wage shall be fixed so that a home w orker o f ordinary
capacity may earn as time wage a sum approximately equal to fair wages paid
in factories and workshops where similar trades are carried on in the town or
district. The wage must be at least high enough to insure to the worker
under normal living conditions sufficient food and healthy housing.
(3) The board shall fix officially the minimum wage and publish it at once.
(4 ) I f possible the board shall establish a scale o f minimum wage rates for
all the different operations o f the trade.
(5) T o the amount o f wages must be added the cost o f tools and materials
furnished by the worker, the value o f time wasted, etc.
(6) Tlje minimum wage must be paid to the w orker net without any de
duction in favor o f employer or middleman.
(7) I f collective agreements exist in a trade, the minimum wage board
must endeavor to extend the benefits of such collective agreements to all home
workers also.
(8) For operations not included in the scale named under (4) the employer
must prove in each particular case coming before the board that the conditions
allow the average worker to earn at least the minimum time wage.
Disputes shall be settled by the wages boards.
(9) The board shall establish likewise scales o f payment, and if possible
minimum wages, for the apprentices in the trade, even where the apprentices
are employed in workshops.
(10) Every violation o f the law shall constitute a penal offense in each case
and in respect o f each worker concerned.
(11) Every trade organization and any person interested in the trade and
every society qualified for the purpose may inform the board that wages paid
PROPOSALS FOR INTERNATIONAL ACTION.
267
are below the minimum wage fixed fo r the trade. All such persons or organi
zations may take legal action.
(12)
The minimum wages fixed by the local boards may be reviewed by a
central commission o f revision acting officially and without delay. This com
mission may m odify and coordinate local decisions. The Governments shall
select the members o f such commission in equal numbers from the employers
and employees composing the local boards.
IV.
Tlie delegates’ meeting invites the members o f Parliament belonging to
the International Association to introduce, or cause to be introduced, bills
corresponding to the accepted resolution.
The national sections are requested to engage in an energetic campaign in
order to convince the public o f the necessity o f fixing minimum wages for
home industries.
,19.
M a c h i n e -M a d e
S w is s
E m b r o id e r y .
The delegates’ meeting still considers it desirable, under the provisions o f
the Lugano resolutions o f 1910, to make uniform regulations for hours o f
work in the Swiss embroidery home industry, and so fa r as possible to pro
hibit night work. But in view of the fact that since the meeting o f Lugano
progress has been made in the introduction o f automatic embroidery machines
in factories, and that similar machines w ill probably be introduced in the next
few years to an increasing extent, the delegates’ meeting considers it desirable
that when regulations are made concerning hours o f labor in small establish
ments, regulations should be made at the same time respecting hours o f labor
in factories using automatic machines. Such regulation is necessary because
automatic machines, since attended by adult men only, may be run unlimited
hours, both day and night, although there is no technical reason for such con
tinuous la b o r ; while the other machines, tended by women also, are subject to
certain legal limitations as to hours o f labor.
The Bureau o f the International Association for Labor Legislation is in
structed (1) to draw the attention o f the countries concerned (Germany,
Switzerland, Austria, France, the United States, Italy, Russia) to the danger
which threatens the entire embroidery industry as a result o f overtime, and
even more o f the continuous operation o f the automatic embroidery machines,
and (2) to request the Governments to take steps as soon as possible by means
o f international agreements, to establish such uniform regulations as shall
protect the interests o f the embroidery industry.
The bureau is instructed to inform the sections o f the different countries,
within three months, o f the step i it has taken in approaching the Governments
with a view to the realization o f this object.
20. L i s t
of
I n d u s t r i a l P o iso n s.
I. The delegates’ meeting expresses its thanks to the authors o f the list o f
industrial poisons, Dr. Sommerfeld and Dr. Fischer, to the Institute o f Indus
trial Hygiene at Frankfort on the Main, and to the member o f the permanent
council o f hygiene who reported on the matter, Dr. Teleky.
II. The delegates’ meeting notes with pleasure that the list o f industrial
poisons has been translated into English, French, Italian, and Finnish and
hopes that the other national sections w ill follow this example.
III. The permanent council o f hygiene is requested to undertake a revision
o f the list o f industrial poisons every four years.
268
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
21. L ead.
i
.
p a in t e r s
and
d eco r ato rs.
The delegates’ meeting, noting with satisfaction that the use o f colors con
taining lead in the painting of the interior o f buildings has been prohibited in
several countries, requests the national sections to present reports on investi
gations which have been undertaken in their* countries, and in particular on
inquiries and experience relating to the use o f colors not containing lead in
the painting o f metal in engineering workshops and similar works.
i i . p o l y g r a p h ic i n d u s t r y .
In view o f the inadequacy o f the inform ation available respecting the dan
ger o f poisoning to which women are exposed when employed in typesetting,
whether by hand or by linotypes, the inquiry should be continued.
The French and British sections are requested to undertake inquiries from
the hygienic and medical point o f view and to present the results to the next
delegates’ meeting.
III. CERAMIC INDUSTRY.
The national sections are requested to report on the application in their
countries o f the regulations already presented to the Governments r e je c t in g
hygienic conditions in the ceramic industry, with a view to the conclusion o f
an international convention on the restriction o f the use o f lead in the ceramic
industry.
22.
H
a n d l i n g of
F e r r o s il ic o n .
I.
The bureau is instructed to present the follow ing principles to the Gov
ernments :
Principles for the Prevention of Risks Involved in the Conveyance of Ferrosilicon.
(1 ) Ferrosilicon— especially when prepared by the electrical method— gives
rise to dangerous gases, in particular phosphureted hydrogen and arseniureted
hydrogen, merely by the action o f dampness in the air. This causes the risk
o f poisoning and explosion.
(2) In order to avoid poisoning and explosions, ferrosilicon should be se
cured against wet and dampness both in storing and transport. The ferrosili
con itself, the packing cases, and packing materials must be dry, that is to say,
free from water and also from ice.
(3) Packing cases ought to be water-tight and so durably constructed that
they can not be damaged in transport. Unpacked ferrosilicon should only be
kept in places secure against wet.
(4) The rooms in which ferrosilicon is stored or transported should be so
constructed that they can be thoroughly ventilated and they should always be
kept ventilated. In this connection care should be taken to see that the gases
given off can not penetrate to living rooms. Such rooms ought consequently
to have no connection whatever with rooms in which there is any ferrosilicon,
packed or unpacked.
(5) Occupiers or persons who store or transport ferrosilicon should be re
quired not only to adopt the necessary precautionary measures in a suitable
manner, but also to instruct persons coming into contact with ferrosilicon as
to its dangers.
269
PROPOSALS FOR INTERNATIONAL ACTION.
II.
Further inquiries ought to be made into the question o f whether ferrosilicon containing less than 30 per cent or more than 70 per cent o f silicon in
volves a risk o f poisoning or not, and into the possibility o f prohibiting the
manufacture o f ferrosilicon containing from 30 to 70 per cent o f silicon.
23.
P r in c i p l e s
s t r u c t io n of
for t h e
P r o t e c t io n
of
P ersons E m ployed
T u n n e l s , S t o n e Q u a r r ie s ,
e t c ., o n a n
in
M in in g ,
the
Con
I n t e r n a t io n a l B a s i s .
i . a n k y l o s t o m ia s is .
In view o f the serious danger caused by ankylostomiasis not only to miners
and tunnel workers, but also to the whole working population o f certain dis
tricts, and o f the excellent results obtained by suitable supervision and treat
ment o f the workers, it appears expedient that ankylostomiasis should be
checked as soon as possible by means *of an international agreement.
The bureau is requested to appoint a subcommission to draw up detailed
provisions on the basis o f the follow ing principles, and to seek w ays and means
for bringing about an international agreement on this matter. The principles
to be observed are—
(1) Shipping companies conveying emigrant workers from infected countries
should be required to undertake the examination o f such workers and the
treatment o f persons affected with the disease.
(2) Persons emigrated from affected areas should undergo medical exam i
nation with a view to the detection o f ankylostomiasis, before being engaged
to work in mines, the construction o f tunnels, stone quarries, or brick works.
(3) In mines, tunneling operations, stone quarries, and brick works, a series
o f measures is necessary, as, for example, the collection and removal in a
manner not open to objection, o f human refuse (regular and clean sanitary
conveniences), the exercise o f special cleanliness, dry work places, medical
examination, and the provision o f medical treatment and suitable remedies.
(4) It is necessary for the medical men intrusted with the examinations and
supervision in question to be suitably trained.
i i . p r o t e c t io n of w o r k e r s i n m i n e s , t u n n e l i n g o p e r a t io n s , a n d s t o n e q u a r r i e s .
The bureau is requested to undertake, in consultation with technical experts
in mining in the different countries, a comparative study o f legislation fo r the
protection o f miners on the basis o f the principles drafted by Dr. Fischer, and
to submit a memorial on the subject to the next delegates’ meeting.
Provisions respecting the protection o f w orkers in tunneling operations, and
stone quarries should be prepared in a similar manner, but drawn up sepa
rately.
24.
T
he
I n t e r n a t io n a l P r e v e n t io n
and
of
M e r c u r ia l P o i s o n in g
of
A
in
nthrax
A
m ongst
F u r C u t t in g
and
I n d u s t r ia l W
H
at
orkers
M a k in g .
The question o f anthrax is referred to a subcommission, which shall submit
detailed proposals to the next delegates’ meeting. In addition, a subcom
mission shall submit to the next delegates’ meeting detailed proposals respect
ing the prevention o f mercurial poisoning in fu r cutting and hat making.
25.
W
ork in
C a is s o n s .
The delegates’ meeting requests the bureau to arrange for the permanent
council o f hygiene to draw up, with the cooperation o f experts, a memorial
270
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
respecting the results o f experience as regards work in caissons and showing
how use may be made o f such experience in practice.
This memorial shall be submitted to the next delegates’ meeting and after
wards presented to the Governments.
2 6. D iv in g O p e r a t io n s .
The delegates’ meeting requests the bureau to arrange for the permanent
council o f hygiene to draw up, with the cooperation o f experts, a report on the
possibility and desirability o f establishing international regulations for diving
operations.
27. I n t e r n a t io n a l St a t is t ic s
W
of
M o r b id it y
o r k in g
and
M o r t a l it y A m o n g s t
the
Classes.
I. The bureau is requested to present to the next delegates’ meeting, with
the cooperation o f the national sections and o f the permanent council o f hygiene,
a report on the essential differences in the m orbidity and m ortality statistics
relating to the working classes in the different trades and in the different
countries, and to make proposals on the question o f how these divergencies can
be removed.
II. In addition, the national sections are requested to report not later than
July 1, 1913, for the next delegates’ meeting, on the methods o f compiling, and
the present position as regards morbidity and mortality statistics relating to
the working classes.
III. The delegates’ meeting recommends that the aim o f these reports should
be especially the establishment o f a uniform classification o f the causes o f death
in the different occupations, in order that the Governments may adopt it as the
basis o f uniform statistics o f mortality by trades.
28 . T r e a t m e n t
of
F o r e ig n W
orkm en
under
I n s u r a n c e L e g is l a t io n .
I. In connection with the resolutions adopted by the delegates’ meeting at
Basel (1901 and 1904), Geneva (1906), Lucerne (1908), and Lugano (1910)
respecting the treatment o f foreign workers under insurance legislation, the
delegates’ meeting expresses thanks in the first place to the States and Gov
ernments which have given effect as far as possible in their national legislation
and in international treaties to the principles recommended by the Inter
national Association.
The delegates’ meeting again requests the American section to continue its
efforts to secure the passage in the several States o f the Union o f suitable laws
fo r insurance against sickness and accident, which shall not discrim inate
against alien workers and thus carry out Resolution IX adopted at Geneva,
and Resolution X adopted at Lucerne, and it thanks this section for its activity
in this matter.
II. The Governments represented at the meetings o f the association and the
national section^ are again urgently recommended to see that these principles
are developed and extended in sickness, accident, old-age, and invalidity insur
ance legislation.
The delegates’ meeting draws the attention o f the national sections and the
Governments concerned also to the various systems o f maternity insurance.
These systems should, as fa r as possible, fix a uniform period o f benefit o f
eight weeks, and also approximately equal maintenance benefits, in order that,
in cases o f differences o f dom icile and country o f insurance, it may be easier
PROPOSALS FOR INTERNATIONAL ACTION.
271
to effect a transfer or make over the insurance in pursuance o f international
agreements.
III. As regards the execution o f the wishes expressed under II, the dele
gates’ meeting draw s attention especially to the follow ing points:
(1) As regards the benefits paid by insurance institutions to foreigners, no
difference should be made between the subjects o f a State and foreign w ork
men in all countries and branches o f insurance in which the State does not
directly supplement either the premiums or the benefits.
(2) But where the grants are made out o f public money, the benefits paid to
insured foreigners and their dependents may be reduced in comparison to those
paid to subjects o f the State at most by an amount corresponding approxi
mately to such grants.
(3) The Governments should take the necessary measures by means o f in
ternational agreements to render the provisions o f No. 2 unnecessary.
(4) It should be made possible by international agreements to settle the
claims o f insured persons and their dependents living outside the country o f
insurance by a sum down or by paying the capital value o f the benefit to a
corresponding insurance institution in their place o f residence abroad, or in
any other appropriate manner.
IV. Failure to insure foreign workmen in the case o f only temporary sojourn
and employment in a country, is injurious both to the workmen concerned and
also to their country o f origin, and involves at the same time a disadvantage
to the workers o f the country in question on the labor market. The benefits
o f insurance should therefore be extended to such workmen.
Resolution Respecting the Prohibition of Night Work for Women in Industrial Employment.1
At the moment o f proceeding to the signature o f the convention on the night
work o f women the delegates o f Denmark, Spain, France, Great Britain, Italy,
Luxemburg, the Netherlands, Portugal, Sweden, and Switzerland, convinced o f
the utility o f assuring the greatest possible unity to the regulations which w ill
be issued in conform ity with the present convention, express the desire that
the various questions connected with the said convention which may have been
left doubtful by the same, may be, by one or several o f the contracting parties,
submitted to the consideration o f a commission on which each cosignatory
State would be represented by a delegate or by a delegate and assistant dele
gates.
This commission would have a purely consultative character. In no cir
cumstances would it be able to undertake any inquiry into, or to interfere in
any way in, the administrative or other acts o f the States.
The commission would make a report which would be communicated to the
contracting States on the questions submitted to it.
The commission could further be called u p on :
1. To give its opinion as to the equivalent provisions, on condition o f which
the adhesion of extra-European States, as well as possessions, colonies, pro
tectorates, might be accepted in cases where the climate or the condition o f the
^natives may necessitate modifications in the details o f the convention.
2. W ithout prejudice to the initiative o f each contracting State to serve as an
instrument fo r a preliminary exchange o f views, in cases where the high con
tracting parties are in agreement, as to the utility o f convening new confer
ences on the subject o f the condition o f the working classes.
1 Attached to the international convention concluded at Bern, Sept. 2 6, 1906.
pp. 1 2 5 -1 3 2 .
See ante,
272
SURVEY
or
INTERNATIONAL ACTION AFFECTING LABOR.
The commission would meet at the demand o f one o f the contracting States,
but not more than once a year, except in the case o f an agreement between
the contracting States fo r a supplementary meeting owing to exceptional cir
cumstances. It would meet in each o f the capitals o f the European contract
ing States successively and in alphabetical order.
It would be understood that the contracting States w ould reserve to them
selves the right o f submitting to arbitration, in conform ity with article 10 of
the convention o f The Hague, the questions which may be raised by the con
vention o f to-day’s date, even if they had been the subject o f an expression of
opinion by the commission.
The delegates mentioned above request the Swiss Government (w ho agree)
to be good enough, until the closing o f the record o f deposit o f ratifications of
the convention to continue the negotiations for the adhesion to the present
resolution o f the States whose delegates have not signed it.
This resolution will be converted into a convention by the contracting States,
through the agency o f the Swiss Government, as soon as it shall have received
the concurrence o f all the States signatories to the convention.
Bern, September 26, 1906.
Constitution of the American Association for Labor Legislation1 (Adopted Feb. 15, 1906;
Amended Dec. 30, 1907; Dec. 30, 1908; Dec. 29, 1909; Dec. 29, 1910).
A b t ic l e
I. —
Nam e.
This society shall be known as the American Association for Labor Legis
lation.
A r t i c l e II.*— O b j e c t s .
The objects o f this association shall be:
1. To serve as the American branch o f the International Association for
Labor Legislation, the aims o f which are stated in the appended article o f its
statutes.
2. T o promote uniformity o f labor legislation in the United States.
3. To encourage the study of labor conditions in the LTnited States with a
view to promoting desirable labor legislation.
A r t ic l e
III. —
M e m b e r s h ip .
Members of the association shall be elected by the executive committee.
Eligible to membership are individuals, societies and institutions that adhere
to its objects and pay the necessary subscriptions. The minimum annual fees
for individuals shall be $3, or $5 if the member wishes to receive the Bulletin
o f the International Association. In. States in which there is a State Associa
tion $1 o f the dues shall be paid over to the State association. The minimum
annual fee fo r societies and institutions shall be $5, and they shall receive one
copy o f the Bulletin, and fo r each $2 subscription an additional copy.
A r t ic l e
IV. —
O f f ic e r s .
The officers o f the association shall be a president, 10 vice presidents, a secre
tary, and a treasurer. There shall also be a general administrative council
consisting o f the officers and not less than 25 or more than 100 persons. The
general administrative council shall have power to fill vacancies in its own
1 See p. 95.
PROPOSALS FOR INTERNATIONAL ACTION.
273
ranks and in the list of officers; to appoint an executive committee from
among its own members, and such other committees as it shall deem w ise ; to
fram e by-laws not inconsistent with this constitution; to choose the delegates
o f the association to the committee o f the International A ssociation; to con
duct the business and direct the expenditures o f the association. It shall
meet at least twice a year. Eight members shall constitute a quorum.
A r t ic l e V .— M e e t in g s .
The annual meeting and other general meetings of members shall be called
by the general administrative council and notice thereof shall be sent to mem
bers at least three weeks in advance. Societies and institutions shall be
represented by two delegates each. I'he annual meeting shall elect the officers
and other members o f the general administrative council.
Members o f the general administrative council shall be called by the execu
tive committee. Notice o f such meetings shall be sent to members o f the
council at least three weeks in advance.
Amendments to the constitution, after receiving the approval o f the general
administrative council, may be adopted at any general meeting. Fifteen mem
bers shall constitute a quorum.
B y -L a w s .
1. Committees.— The council shall elect an executive committee, as well as
committees on finance, legislation, and publicity, and such other committees as
occasion may require.
2. Pow ers of tlie executive committee.— The executive committee shall exer
cise, subject to the general administrative council, the powers o f the council
in the intervals between its sessions.
3. International obligations.— The executive committee shall choose the
members o f committees and commissions and the reporters required by votes
of the International Association.
Justification of the Principle of the Prohibition of Night Work of Women.1
The effects of the prohibition o f night work o f women, in the countries
where it embraces workwomen of every age, have been as fo llo w s :
1. The number o f women employed, especially o f those above 21 years of
age, has in general increased. It is true that the improvements in the processes
o f technical production, which have permitted the use o f cheap and unskilled
labor, have been a factor in this increase. W ith regard to women workers
as a whole, there is not evident in Great Britain, Germany, Austria, France,
Holland, or in the United States any general decrease in opportunities for
work. In many instances, on the other hand, woman’s labor has replaced child
labor, and as a result of the enlargement o f a certain number o f establish
ments a more intensive workday has been substituted, in the case o f women,
for night work.
2. In consequence o f this increase o f demand, women have not in general
suffered a loss in wages, and, on the contrary, the wage has been increased in
many cases by reason o f greater rapidity and better quality o f work.
1 Publications of the International Association for Labor Legislation, No. 4, pp. 9, 10.
Translation from original French. Another translation is found in a typewritten manu
script entitled “ Memorial explanatory of the reasons for an international prohibition of
night work for women ” issued by the Board of the International Association for Labor
Legislation.
143445°— 20— Bull. 268------- 18
274
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
3. It has been observed that coincident with the prohibition o f night work
o f women in the States in which it has been put into force, there has been a
decrease in the death rate both o f women and children. The rate o f m ortality
among women has decreased in Great Britain and in Germany more rapidly
than the rate o f m ortality among men.
4. The greater powers o f resistance and the better health evidenced among
women in the States where night work has been suppressed and where the
length o f work has been decreased and rest increased have permitted house
w ives to better perform their domestic duties, the preparation o f food, bring
ing up and care o f children, the keeping o f the linen in repair and the home
in order, etc.
5. It has been established also that neither the prohibition o f night work
o f women nor the lim itation o f their day work have exercised any appreciable
influence on exportation especially in that which concerns m anufactured tex
tile products.
Accordingly, then, the prohibition o f night work o f women is in the first
place a measure o f public hygiene. It is also necessary to secure, from the
States which have not prohibited night work of women, such as Japan, Spain,
and some o f the States o f the United States, the adhesion in principle to the
system o f prohibiting the night w ork o f women.
As regards the principal States where the prohibition applies only to young
workers, it has been established that the night w ork o f women has almost always
been actually practiced in certain definite industries, and during periods o f full
operation on the part o f the industries, in a word, that it is not at all the rule.
These States should not find any difficulty then, it would seem, in establishing
the principle o f the prohibition o f the night work o f all women, subject to
necessary exceptions which w ill be treated later.
Finally, in States where night work has been lim ited to certain kinds o f
industry, it should be o f interest to obtain, as a transitional provision in the
countries which have not yet adopted this measure, the extension o f the pro
hibition o f night work to all shops, even if not provided with motor power.
The exceptions permitting night work o f women in small establishments w ith
out motor power, are very harmful to- the health o f the woman workers. R e
membering the difficulties in the w ay o f applying this measure to women
w orking at home, it is necessary to obtain from the various States legal pro
tection at least fo r all women working in shops.
Only after the prohibition o f night work o f women in the small shops has
been obtained, can the work be continued and a similar prohibition be ob
tained fo r home work.
IN T E R N A T IO N A L H IG H C O M M IS SIO N .
Report of the United States Section of the International High Commission.1
S ir : By the first Pan American financial conference, which was held at
Washington in May, 1915, with a view to bringing about closer financial and
commercial relations between the American Republics and to that end to foster
uniform ity o f law and procedure in such matters, it was recommended that, in
order to carry out these great objects, there should be created an Interna
tional High Commission, a section o f which should be established in each
1 International High Commission, United States Section.
2d sess., pp. 5, 6, 23, 24.
H. Doc. 1788, 64th Cong.,
PROPOSALS FOR INTERNATIONAL ACTION.
275
country. This recommendation was promptly carried into effect in the coun
tries concerned; and by the act o f Congress o f February 7, 1916, the United
States section was endowed with a legal status. Each section consists o f nine
members, and is composed o f jurists, financiers, and technical administrators.
During the past quarter o f a century a great good has been accomplished
by means o f conferences between the independent countries o f America, such
as the fou r international American conferences (Washington, 1889-90; Mexico,
1901-2; Rio de Janeiro, 1906; Buenos Aires, 1910), the conference on the
coffee trade (New York, 1902), the customs congress (New York, 1903), and
the series o f sanitary conferences, the fifth o f which was held in Washington
in 1905. But in spite o f all that had been attained there was a general sense
o f the need of direct, continuous, sustained effort to improve the financial and
economic relations between the Americas and to remove the obstacles which
existed in their satisfactory development. To meet this want is the prime
object o f the International High Commission and its respective national
sections.
Students o f the history o f international cooperation agree that there are
three fundamental factors in a successful international union— (1) periodical
conferences, (2) an international organ or bureau, (3) an effective means o f
carrying out the measures adopted. In the relations o f the American Repub
lics during the last 25 years the first two elements have not been lacking.
The American Governments have repeatedly manifested their willingness to
enter into the discussion o f their common problem s; and in the Pan American
Union they have an organ which has, under the wise guidance o f the diplo
matic representatives o f American Republics at Washington, contributed and
w ill continue richly to contribute to the harmony and prosperity of the Am eri
can nations.
What has been wanting is a persistent and organized effort to carry out the
recommendations o f the conferences. In contrast* with the readiness to sign
conventions on technical matters there has been at times some reluctance to
ratify them. The United States has occasionally been remiss in this regard,
and the members of the United States section o f the International High Com
mission consider it important to urge prompt fulfillment o f this duty.
*
* * An early meeting o f the commission was decided upon for the pur
pose o f determining its modus operandi and o f giving the necessary stimulus
to useful study. Tentatively, November 1, 1915, was fixed as the date and
Buenos Aires as the place, but it was later found necessary to allow more time,
and the date was changed to April 3, 1916.
Report of the Sixth Committee.
The topics considered by this committee were proposed by the Uruguayan
and Argentine Governments, respectively. W ith reference to labor legislation,
His Excellency Pedro Cosio, the Minister of Finance o f Uruguay, pointed out
the difficulty in improving the conditions under which productive labor is car
ried on and urged the need o f insuring general knowledge o f the principles o f
labor legislation. In order that America may be the “ land o f promise ” he
insisted that it must defend the laborer from excessive hours, unfair wage
conditions, and dangerous occupations. The workman and workwoman must
be assured, too, that society w ill not abandon them if they fall sick from over
work nor permit them to be reduced to starving or begging if they arrive at old
age in poor circumstances, and, that, finally, society w ill find sure means o f
educating them and o f aiding and encouraging them in their just and legiti
mate aspirations.
276
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
The commission was impressed by the general desire to cooperate more ef
fectively in protecting and strengthening the laboring population o f the
Americas. As, however, an international labor convention is not practicable
now, the commission could only recommend that each Government enact pro
gressive labor and social w elfare legislation and provide for systematic ex
change o f technical and statistical literature.
The Department o f Labor o f the United States and similar departments in
Latin America might easily exchange all their publications; and the system
could be extended so as to include all civic bodies, interested. The publica
tion o f the Pan American Union w ill possibly serve to make better known the
work accomplished in this field in the United States and in E u rop e; and legisla
tive and executive commissions, as well as organizations o f the character of
the American Society fo r Labor Legislation, w ill wish to cooperate with the
Pan American Union. Thus, those countries whose economic and industrial
conditions give sufficient promise o f sustained public interest in this subject,
may soon avail themselves o f the excellent procedure devised by the Interna
tional Labor Association for the conclusion o f international labor agreements.
IN T E R N A T IO N A L A S S O C IA T IO N
ON U N E M P L O Y M E N T .1
Resolutions Passed by the General Assembly, Ghent, September 5-6, 1913.
1 . L a bo r E x c h a n g e s .
The International Association on Unemployment takes note o f the follow ing
conclusions presented in the general report o f Messrs. Zacher and F reu n d :
I. The actual position as regards employment bureaus is almost everywhere
unsatisfactory. The scattered nature of the organizations and the diversity
o f the methods o f administration make it impossible to obtain a clear general
view of the situation on the labor market at a given moment, to determine
with certainty the number o f workers available and the number o f vacant
places, to establish a rational equilibrium between supply and demand, to draw
up useful statistics o f the labor market, and to take preventive measures in
time against unemployment.
II. In order to fulfill their principal task, which is to prevent unemployment
as fa r as possible by continual observation and the methodical organization o f
the labor market, systems o f employment bureaus ought to satisfy the fo l
lowing principles:
(1) The systematic organization o f employment bureaus open to everybody
according to territorial divisions (local, provincial, and national bureaus) and
taking into consideration the interests o f the different trades (lists o f trades
ana occupational groups, etc.) ;
(2) Unification of the technicalities of administration, using modern means
o f communication (telephone, telegraph, post, and railw ays) ;
(3 ) Impartiality in the indication o f vacancies and in the management of
the labor exchanges;
(4 ) Gratuitous assistance at least for the persons seeking employment;
(5) Methodical organization o f the labor market, including working class
migrations (according to uniform principles and under the direction o f a cen
tral office; continuous statistics o f the labor m arket) ;
1 Bulletin Trim estrial de l’association Internationale pour la lutte contre le chomage,
Vol. IV, pp. 456-462. Paris, 1914.
PROPOSALS FOR INTERNATIONAL ACTION.
277
(6)
Expenses to be at the charge o f the commune (fo r the local bureaus), of
the Province (fo r the provincial bureaus), and o f the State (fo r the central
office and if necessary as regards subventions).
III.
In order to realize the reforms specified in Paragraph II, it is desirable
to obtain the cooperation o f the central administration or the legislature, (1)
in order to secure for employment bureaus (or federations o f bureaus), which
conform to the principles stated in Paragraph II, certain advantages (as re
gards the use o f the telephone, telegraph, post, and railway services, and of
public subventions) ; (2) in order to assist in developing and perfecting the
work o f the bureaus by requiring them to adopt uniform principles o f admin
istration and statistics, and by placing the organization o f the system of bu
reaus entirely under the control o f the State;
And (1 ) adopts the said conclusions and resolves that their realization shall
become a part o f its program ;
(2 ) Resolves that the mandate o f Messrs. Freund and Zacher shall be ex
tended ;
(3 ) Intrusts the several national sections with the duty o f urging public
bodies to adopt all such reforms as may appear practicable;
(4) Resolves that a report on the results obtained shall be presented to the
meeting o f 1915.
*Z. P u b l i c
W orks.
The International Association on Unemployment takes note o f the follow
ing conclusions presented by Mr. M. W. F. T re u b :
A . D ISTRIB U TIO N OF PU BLIC W O R K S OVER PERIODS OF T IM E .
It is desirable (1) that public bodies, in preparing to give out contracts for
work or orders to be put out to tender (a ) should seriously consider the
question whether such works or orders could be deferred until the slack sea
son o f the year or to a time, more or less distant, o f crisis or o f economic de
pression; (&) should'reserve, as fa r as possible and especially in so fa r as
there are no technical objections, the giving out o f works and orders which are
not urgent, until the slack season o f the year, or until years o f crisis or o f
economic depression; (c ) should study and submit to the competent bodies
schemes o f works and orders, not being urgent, to cover a not too lim ited num
ber o f years, so that they may be reserved for years when a crisis or economic
depression sets in ;
(2) That budget laws should be wide enough to allow the public bodies to
create reserve funds for the execution of works and orders which are not
urgent, in years o f crisis or depression;
(3) That in each country a permanent institution should be created to
study the symptoms o f depression and economic crisis, and that this institu
tion should publish the results o f its observations periodically and advise
public bodies as regards the choice of dates fo r putting in hand w orks or
orders held in reserve for years o f crisis or depression;
(4) That public bodies should specially undertake works such as the drain
ing o f marshes, the reclamation o f land, afforestation, improvement o f means
o f communication in countries more or less undeveloped, and other works
tending to increase production and the permanent demand for labor, and that
they should reserve these works for times when there are no earth works in
progress.
278
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
B. D ISTRIB U T IO N OF CON TRACTS B Y D IFFEREN T TRADES.
It is desirable that, as an experiment, public bodies should divide their con
tracts, as fa r as is technically possible, according to trades, and that they
should apply this system not only as regards maintenance works, but also to
new works o f construction.
C. PO LIC Y OF LARGE PR IVATE CONCERNS.
It is desirable that the same principles should be acted upon by large private
c o n cern s;
And (1 ) adopts the said conclusions;
(2) Intrusts the national sections with the duty—
(a ) O f studying what measures are to be recommended in each country.
(&)
Of urging the public bodies to adopt such reforms as may appear prac
ticable.
<3) Resolves that a report on the results obtained shall be presented to the
meeting o f 1915.
3. U n e m p l o y m e n t I n s u r a n c e .
The International Association on Unemployment takes note o f the follow ing
conclusions presented by Prof. Fuster:
I. The statements made by the reporters based on experience gained in the
United Kingdom and elsewhere lead to the conclusion that there is a general
trend o f opinion—
(1) Toward compulsory insurance at least for certain trades, with contri
butions from the employers, the employees, and the public authorities, respec
tively, supplemented by measures to encourage voluntary insurance;
(2) Tow ard the view that the principal function o f a system o f insurance
against unemployment should be to find work fo r insured persons, and that the
organization o f labor exchanges is essential for such insurance;
(3) Tow ard the organization o f the insurance in cooperation with the trade
associations.
II. On the other hand, it is not clear what is the best financial system to
adopt fo r this insurance, since English experience in particular is too recent
and has started in a period o f too exceptional prosperity to make it possible
to express an opinion on its financial effects:
And (1) notes with great interest the deductions which Prof. Fuster has
found it possible to make in view o f the experience o f several countries and
particularly o f the United K ingdom ;
(2) Resolves to extend his mandate and asks him to continue to follow any
progress made hereafter;
(3 ) Draws the attention o f the various sections to the report presented by
Messrs. Beveridge and Rey in the name o f the British section and offers to
participate in the financial expense involved in translating this report.
4 . M i g r a t io n s .
The International Association on Unemployment takes note o f the general
report presented by M. Louis Varlez, and resolves, in conform ity with the con
clusions of the said report—
(1) That the association should extend its program to the question of
m igrations;
(2) That it should begin the study o f this question without delay;
PROPOSALS FOR INTERNATIONAL ACTION.
279
(3) That it should propose to the Committee on Social Insurance and to the
Association for Labor Legislation that the three associations should begin to
investigate this matter jo in tly ;
(4) That a m ixed commission, on which the three associations should have
equal representation, should be appointed fo r this object.
5. S t a t i s t i c s .
The International Association on Unemployment—*
(1) Approves the follow ing conclusions drafted at Zurich on September 9,
1912, by a joint meeting o f the two commissions respectively nominated by the
International Statistical Institute and the Association on U nem ploym ent:1
I.
No adequate conception o f the problem o f unemployment can be obtained
by means o f one kind o f statistics alone. At present three statistical sources
which supplement each other seem to be necessary for the acquisition of a
satisfactory knowledge of the subject. These are—
1. The general census o f unemployment, which' should be facilitated and in
terpreted by means o f local supplementary pr independent in qu iries;
2. The trade-union statistics o f unemployment;
3. Inquiries into the condition of persons employed in industrial undertak
ings instituted by employers or by the authorities.
II. The general compulsory census, or, still better, occupational or industrial
census, is the essential starting point for any attempt to obtain accurate and
complete statistics o f unemployment in industry and commerce. In certain
States, the schedules made out fo r the recovery o f personal taxes may also
furnish satisfactory data.
III. Instead o f asking whether the person concerned is unemployed, the
question on the census paper should be “ W ere you employed on (date) ? For
whom did you w ork?
IV. Persons answering the first question in the negative might be required
to give inform ation on the follow ing points on a supplementary fo r m : Cause
of unemployment (list o f possible causes to be given on the form ) ; exact date
when the unemployment com m enced; whether the person in question has any
subsidiary occupations; whether he has registered himself at a labor exchange
and if so at which exchange; whether he is receiving unemployment benefit
from a trade-union, a friendly society, or from any other source (source from
which benefit is obtained to be clearly stated) ; length o f his residence in the
locality.
V. The form s relating to the unemployed should be worked up with the
form s filled in by the other workers and should contain all the general inform a
tion usually required (age, sex, status, industry or occupation, origin, resi
dence, etc.).
VI. Before finally deciding upon the form of questions to be put to the un
employed, it would be advisable to hold experimental inquiries in different
towns, which should be held as fa r as possible under exactly similar condi
tions as the general census o f unemployment. These experimental inquiries
should be tested and arranged by an international commission o f experts.
VI
bis. Inquiries o f this kind held at industrial centers either regularly or
during crises would also be valuable.
VII. It is desirable that the general census should be supplemented by means
o f local and regional inquiries.
1The definitive wording here published was also adopted by the International Sta
tistical Institute in its Vienna meeting (Sept., 1913).
280
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
V II
bis. Specially valuable information can be obtained from the unem
ployment insurance office wherever such a system is in force.
V III. The fluctuations o f unemployment and the percentage o f persons
entirely without employment can best be ascertained from the trade-union
unemployment statistics which are collected by most Governments.
IX . It does not at present seem desirable to use the statistics o f the number
o f days in respect o f which unemployment benefit has been payable instead
o f those o f the percentage o f unemployed members o f trade-unions. The
form er are, however, highly valuable and should be published.
X. Identical form s o f questions should be adopted in all countries where in
quiries o f this kind are to be held and should be sufficiently detailed to allow
o f the grouping o f the unemployed according to occupation and locality.
X I. For the purposes o f international statistics it is recommended that in
stead o f merely publishing the comparative figures as at present, the figures
for the different industries should be compared separately and the result in the
different classes o f districts kept separately.
X II. It is recommended that periodic inquiries should be held respecting
persons employed in industrial establishments. This is the only way in which
reliable data can be obtained as to occupations in which short-time and casual
jobs are customary.
X III. All other sources o f statistical inform ation respecting unemployment
and even respecting phenomena connected with it must be examined in the
future as they have been in the past. The method o f collecting this inform a
tion should be improved in such a way as to yield the most fruitful results fo r
purposes o f international comparison. The labor exchange statistics which
give inform ation as to the lack o f work o f unemployed persons up to the date
o f registration and those relating to the compulsory sickness and invalidity
insurance might in future be o f great value in this connection. The statistics
o f migration within each country and o f emigration and immigration might
also be used with advantage to supplement the unemployment statistics.
And (2) intrusts the bureau, the international committee, and the national
sections with the duty o f bringing these conclusions into practical operation.
Constitution of 'the American Section of the International Association on Unemployment.1
The purpose as expressed in the by-laws o f the Association on Unemploy
ment is—
* (A ) T o assist the International Association in the accomplishment o f its
task (section 1, subsections 3 and 4, o f the statutes o f the International Asso
ciation.
The aim o f the association is to coordinate all the efforts made in different
countries to combat unemployment.
Among the methods the association proposes to adopt in order to realize its
object the follow ing may be specially n oticed :
(a ) The organization o f a permanent international office to centralize,
classify and hold at the disposition o f those interested, the documents relating
to the various aspects o f the struggle against unemployment in different
countries.
( b ) The organization o f periodical international meetings, either public or
private.
( c ) The organization o f special studies on certain aspects o f the problem o f
unemployment and the answering o f inquiries on these matters.
( d ) The publication o f essays and a journal o f unemployment.
1 American Labor Legislation Review, December, 1914, p. 600.
PROPOSALS FOR INTERNATIONAL ACTION.
281
(e )
Negotiations with private institutions, or the public authorities o f each
country, with the object o f advancing legislation on unemployment, and obtain
ing comparable statistics or inform ation and possibly agreements or treaties
concerning the question o f unemployment.
(B ) To coordinate the efforts made in America to combat unemployment and
its consequences, to organize studies, to give inform ation to the public, and to
take the initiative in shaping improved legislation and administration, and
practical action in times o f urgent need.
IN T E R N A T IO N A L C O N G R E SS E S ON H O M E W O R K .
Resolutions of the First International Congress, Brussels, 1910.1
The congress recognizing that legislative intervention is imposed in order
to remedy flagrant abuses from which the greater part o f home workers suffer,
and without prejudice to as great extension as possible o f protective labor
laws, affirms the unanimity of its members on the follow ing points:
Employers, whether contractors or subcontractors, shall be obliged to regis
ter all their employees working at home and to keep open the books contain
ing inform ation relative to wages and descriptions o f w o r k ; a memorandum
duplicating this inform ation shall be sent to all home workers.
Labor inspectors shall be allowed to examine at any time the truthfulness
o f these documents.
Compulsory mixed committees shall fix, fo r a restricted period of time, a
minimum wage applicable to all regular workers.
The decisions o f these boards shall be enforced by penalties.
It shall be possible to appeal from these decisions to a superior board.
The public authorities, after having fixed a standard o f healthfulness in the
different trades, shall determine the industries which should be regulated
from the point of view of hygiene and location and those which ought to be
entirely suppressed.
[The following resolution, introduced by a delegate, after some debate on a
technical objection was passed by the assem bly:]
The First International Congress on Home W ork considers that it is desir
able that the public authorities should absolutely forbid the work o f children
under 14 years o f age. It expresses the hope that the public authorities w ill
likewise take the necessary steps to insure the education o f children up to
this age.
Resolutions of the Second International Congress, Zurich,
1 9 1 2 .2
P r o p o se d A ct to R e g u l a t e P a id H o m e W o r k .
PA R T I .---- D E F IN IT IO N , SCOPE OF T H E ACT.
1.
The expression “ trade-union” shall be deemed to include all. tradeunions regardless o f whether they are local, district, national, or registered.
The expression “ employer ” shall include not only the contractor or sub
contractor, but also the middleman.
The expressions “ workman ” and “ laborer ” shall include persons o f both
sexes.
1 First Congr&s International du T ravail a Domicile. Reuni a Bruxelles en Septembre, 1910. Compte-rendu des stances. Louvain, 1911. pp. 61, 62.
2 Second Congrfcs International du Travail a Domicile. Zurich, 8 -9 September, 1912.
Rapports et comptes rendus des stances-Bruxelles, 1913. Rapports D, pp. 13-19, 29 -34.
282
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
A person shall be deemed to be a “ home worker ” who works under a con
tract o f employment in an industry in which the work is perform ed elsewhere
than in the establishment o f the employer.
2. W ith a view to preventing any legal disputes respecting the scope o f this
act, the industries to which this act shall apply shall be specified in this section
and the administrative authorities shall have power to extend the scope o f
the act.
P A RT IT.---- REGISTRATION
OF E M P LO YEE S.
3. It shall be unlawful for an employer to give work to be done outside his
establishment or the premises appertaining to the same to any person other
than a registered workman.
Such registration shall consist o f (1) a certificate issued by the communal
authority, (2 ) the register kept by the employer, (3) the employment book
issued by the employer.
An employer giving work to be performed outside his establishment or the
premises appertaining to the same, or who causes work usually perform ed by
home workers to be dene by apprentices in his workshops, shall keep a book,
which must be kept up to date, in which shall be set down accurately the
names and addresses o f the workers and apprentices employed by him, the
nature and the amount o f work perform ed by them, the date o f the giving
out of the materials and the delivery o f each article and the wages paid by
him per day or at piecework rates in pursuance o f the contract. In the
event o f a middleman being employed, the employer shall also enter his name
in the register.
4. The employer shall issue a separate employment book to every person em
ployed by him under the conditions specified in the foregoing section.
The employer shall enter in the employment books all the particulars o f
w ork and wages required in pursuance o f the foregoing section to be entered
in the register.
PA R T
I I I . ---- S A N IT A R Y
PR OV ISION S.
Comprised in the resolutions o f Section 2 o f the congress, under heading
“ Home W ork In spection ” (see p. 115).
PA RT
IV .---- W AG ES
BOARDS.
6. In every locality or group o f communes wiiere it appears to be desirable,
one or more boards, whose duty it shall be to establish minimum wages, shall
be constituted fo r each industry named in paragraph 2.
The members o f the boards shall be elected equally by the employers and
adult workmen o f both sexes who have either worked in the industries con
cerned during the preceding year or who have worked in them fo r at least
five years. In the event o f either party failing to appoint representatives
within the prescribed term, such representatives shall be appointed by the
minister concerned. The minister may also appoint one or more representa
tives o f his own to act in a consultative capacity.
7. Provision shall be made fo r empowering already existing industrial
councils to undertake the functions o f wages boards provided that they fulfill
the foregoing conditions.
8. It shall be the duty o f the board to examine every application fo r the
establishment o f a minimum wage for work in the industry in respect o f which
it shall have been constituted. Such application may be sent in by a member
of the board, by the inspectors of labor, by the trade-union, or by any party
interested.
PROPOSALS FOR INTERNATIONAL ACTION.
283
9. W ithout awaiting the demand provided for in the previous article [para
graph], the board shall proceed to establish a minimum hourly wage for
workmen o f average capacity.
For the purpose o f making a determination the board shall, in particular,
take account o f the average minimum wage o f workmen o f similar capacity
employed in the district in question in factories or mills where identical or
similar articles are manufactured, augmented by a sum representing the
charges which the workman has to pay.
The board shall, fo r this purpose, be entitled to inspect all pay sheets or pay
books, scales o f payment, memoranda o f payment and rules o f employment in
use in the department where the occupation is carried on and to consult
technical experts.
The minimum wage may vary according to the nature of. the w ork or the
different districts within the jurisdiction o f the board.1
W herever possible the board shall establish lists o f minimum prices fo r the
various processes included in the industry in question.
In the case o f operations not contemplated in the lists o f prices, it shall rest
with the employer to prove in each case coming before the court that the condi
tions under which the workmen are employed are such as to allow a workman
o f average capacity to earn the minimum hourly wage.
The board shall also fix the scale o f wages and, if possible, a list o f mini
mum prices for apprentices in the industry in question even if the apprentice
ship is carried on in the workshops.
Every employer shall be entitled to submit to the board for approval the
scale o f minimum wages adopted by him fo r piecework.
The minimum wage so established shall be payable to the workman without
any deduction being made in respect to the remuneration o f the contractor or
subcontractor.
The employer shall be deemed to be liable for the failure o f a middleman to
pay sufficient wages.
A workman insufficiently paid as aforesaid shall be entitled to recover the
remainder o f his wages from the employer, any agreement to the contrary not
withstanding. Such action may, in respect o f each payment, be taken within
three years after the date when the payment in question was made.
10. It shall be law ful fo r any trade organization or person interested in the
trade in question or fo r any organization authorized to that effect to inform
the board that the wages paid are less than the minimum wage prescribed
fc r that industry in question.
Such persons and organizations shall so be entitled to take all legal pro
ceedings contemplated by the law.
The board shall forw ard such complaints to all the authorities concerned.
11. The determinations of th^ wages boards shall be published in the man
ner to be prescribed by the minister concerned.
The said determinations shall have the force o f law in the district after the
expiration o f 30 days from the date o f publication, provided that an appeal
shall not have been lodged against the same.
The decisions o f the wages boards and the orders o f the commission o f ap
peal hereinafter described in the section [paragraph] next follow ing shall
remain in force for tw o years from the date o f their coming into operation.
They shall remain in force for a further period o f two years after the expira
tion o f such period, provided that the inspector o f labor, a trade-union, or any
interested person shall not have made a fresh application to the board.
1 This paragraph appears in the English translation but not in the French text.
284
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
12. Appeal against the determinations o f a wages board may be made by the
minister concerned, the chief inspector o f labor, a trade-union, or any person
interested to the commission o f appeal in cases relating to wages (commission
d’appel en matiSre de salaires), which shall be constituted by the minister
concerned and composed o f persons chosen from among the members o f wfiges
boards in such manner that the parties shall be equally represented.
The jurisdiction o f the commission o f appeal shall extend over the whole
country and to all industries represented on the wages boards.
Appeal against a determination o f a wages board must be lodged within 30
days from the date o f publication o f such determination.
* The decision o f the commission o f appeal shall be final.
PART
V .— P E N A L T IE S .
13. The contravention o f any o f the provisions o f this act shall be deemed
to be a separate offense in every case when such contravention occurs and in
respect o f each workman affected.
PA RT V I.---- A D D IT IO N AL SECTION.
14. The social acts, which shall also apply to workers, shall be named in this
section (acts relating to contracts o f employment, payment o f wages, the
employment o f women and children, compensation in case o f accident, Sun
day rest, etc.).
H o m e W ork I n s p e c t io n .
(Resolutions of Section 2 o f the Congress.)
I . IN Q U IR IE S .
The hygienic conditions under which home workers live should be studied
methodically everywhere by means o f official or private inquiries and with the
assistance o f medical practitioners and schoolmasters. W ith this end in view,
the first object shall be the establishment o f lists o f home workers in every
district.
I I . PROTECTION
OF H O M E
W O R K E RS.
In view o f the fact that laws regulating women’s work only often have
the most disastrous consequences for the women affected, no distinction
should be made between the two sexes.
(a ) All home work in which the home worker is exposed to the risk o f any
serious form o f poisoning should be prohibited;
(b ) It should be made unlawful for a machine worked by mechanical power
to be installed in the work place o f any home worker without the previous
sanction o f the sanitary inspection authority;
(c ) Efforts should be made to introduce measures respecting the im prove
ment o f the hygienic conditions under which home workers are employed and,
where possible, requiring that the local authorities shall approve o f the
hygienic conditions before a home worker may commence w ork ;
(cl) Efforts should be made to procure the general application o f the laws
relating to the protection o f workers and social insurance and to extend them
to apply to home workers.
PROPOSALS FOR INTERNATIONAL ACTION.
285
I I I . PEOTECTION OF C O N SU M E R S.
The follow ing measures are demanded in the interest o f consum ers:
( a) The prohibition o f the manufacture or preparation o f foodstuffs and
tobacco by home w orkers;
(&) The compulsory notification o f contagious diseases;
( c ) The disinfection o f all clothings and materials made by home workers
as fa r as this is possible, and the disinfection o f all other products o f home
w ork in cases where the home worker or any person living in his dwelling is
suffering from any contagious disease;
( d ) The destruction o f infected goods if this is necessary in the interest o f
the public health.
It is obvious that compensation should be payable in case o f depreciation
or destruction. Compensation should also be payable to the home worker who
is unemployed by reason o f the fact that any person living in his dwelling is
suffering from a contagious disease.
IV. in s p e c t t o n .
( a)
A special service o f inspectors consisting, in particular, o f medical prac
titioners, working men and women, etc., should be organized. The duties o f the
present inspectors o f labor should be extended to cover the inspection o f home
work in all countries where it is found to be impossible to create a special
serv ice;
(&)
In order to facilitate the control and the administration o f the law for
the protection of home workers, the officials should invoke the cooperation o f
trade-unions and other organizations and o f suitable persons, e. g., medical
practitioners, teachers, e tc .;
( c ) In the interests o f children employed as home workers, a special edu
cational inspection should be instituted extending to all minors so em
ployed.
( d) In order to improve the conditions o f home w orkers it is necessary, in
addition to promoting special measures, to support all movements for the im
provement o f the hygienic conditions in which the people live, from the point
o f view o f housing, of a rational diet, and o f the struggle against the social
evils, such as alcoholism, tuberculosis, ignorance, and so on. Ideas for hygiene
should be taught in all schools and especially in trade schools.
H o m e W ork a n d t h e T rade-U n io n M o v em en t.
(Resolutions o f Section 3 o f the Congress.)
I. The third section is o f the opinion that coordinated and conscientious
effort on the part o f the legislative branches and o f the trade organizations is
.necessary in order to improve the conditions o f home workers from the economic,
social, and hygienic point o f view.
II. It is o f the opinion that the satisfactory application o f legislative meas
ures is*very difficult without the assistance o f a satisfactory trade organization.
III. It is o f the opinion that from an international point o f view the best
method o f improving the condition o f home workers is by means o f strong tradeunion organization.
IV. In view o f the fact that at the present moment home workers are not
organized in every country nor in every industry, the third section voices the
follow ing resolutions:
286
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
(a ) That systematic publicity work should be undertaken in order to per
suade home workers o f the utility o f trade organization and to arouse among
them a feeling o f solidarity.
( b) That legal regulation o f homework is necessary in every country in
order to put a stop to existing evils.
V. ( a) The third section expresses the hope that such legislation should
remove all obstacles to trade organization.
(&)
That such legislation should invoke the collaboration o f the various
industrial groups in constituting the wages boards.
(c ) That such legislation should recognize the legality o f collective contracts
concluded by industrial groups on behalf o f home workers and that such con
tracts should be applicable ,under conditions to be determined, to all home
workers in the industry in question within a given district.
VI. The third section recommends that the industrial organizations should
without delay confer with the consumers’ leagues and cooperative societies o f
consumers with a view to improving the conditions o f home workers.
H om e W ork a n d C o n s u m e r s ’ L e a g u e s .
(Resolutions o f Section 4 o f the Congress.)
Organizations o f consumers should cooperate in spreading the principles
adopted by the congress by means o f conferences, press articles, publications,
exhibitions, etc.
The national and local publicity committees proposed by M. Verhaegen should
contain representatives o f the consumers’ league. These publicity committees
and the various sections o f the consumers’ leagues should be in constant com
munication in order that the sections may always have the inform ation required
for influencing public opinion in favor o f legislative reform by means o f press
campaigns. Traveling homework exhibitions should be organized in every
country, and for this purpose the publicity committees should draw up regula
tions giving the inform ation required in order to prepare labels explaining
each object.
Organizations o f consumers should include in the programs o f their con
gresses the question o f homework and should discuss in particular the policy
and educational methods which should be adopted by them in order to prevent
the exploitation o f home workers.
The law should allow associations organized for the above purpose, and
especially the consumers’ leagues, to participate in the administration o f the
law to the extent o f collaborating in the inspection o f the shops in the home and
in granting them the right, as in the case o f the trade unions, to be notified
o f instances where wages less than the legal minimum prescribed for the trade
have been paid, as well as permitting them to undertake such legal proceedings
as are contemplated by the law.
G O V E R N M E N T P R O P O S A L S F O R T H E IN T E R N A T IO N A L P R O T E C
T IO N O F L A B O R .
Bill Before French Chamber (1885) .*
A r t ic l e 1. The French Government w ill reply favorably to the proposals o f
the Swiss Government concerning international labor legislation.
A r t . 2. The French Government w ill take the initiative concurrently with
the Swiss Government in entering as soon as possible into the necessary nego
tiations with foreign Governments with a view to international labor legisla
tion.
1 L. Chatelain : La protection internationale ouvrifcre, p. 19.
PROPOSALS FOR INTERNATIONAL ACTION.
287
3. This international law shall have as its ob ject:
1. The prohibition o f industrial work o f children under 14 years o f a ge;
2. The limitation o f the work o f women and those minors who are especially
protected by la w ;
3. Measures o f hygiene, health, and safety in the shops, with the purpose o f
safeguarding the health, the moral and physical development, and the life of
the w orkers;
4. Protection and insurance against accidents;
5. Inspection o f mills, factories, shops, and yards by inspectors one-half of
whose number are to be appointed by the minister o f public works and oneh alf chosen by the w orkers;
6. The establishment for adults o f a normal, or at least a maximum, w ork
day;
7. Establishment o f a weekly day o f r e st;
8. The establishment o f an international bureau o f labor and industrial
statistics, charged with studying and proposing the means o f extending and
codifying international labor legislation.
A r t . 4. A committee o f 11 members shall be appointed to present a detailed
plan o f international labor legislation, after having secured the opinion o f the
different labor organizations o f France.
A rt.
Proposition Before the Reichstag (1886).1
Proposal made with the object o f having the Reichstag adopt the reso
lution :
To call upon the Chancellor o f the Empire to convoke a conference o f the
principal industrial States fo r the purpose o f form ulating the uniform basis o f
an international agreement concerning protective labor legislation, an agree
ment that would establish uniformly for all the States convened— •
1. A workday not exceeding 10 hours, whatever the kind o f establishm ent;
2. Prohibition o f night work in every kind o f establishment with certain
exception s;
3. Prohibition o f the w ork o f children under 14 years o f age.
Proposals of the Swiss Federal Council (1889).3
1. Prohibition o f Sunday w ork ;
2. Establishment o f a minimum age for admission o f children to factories;
3. Establishment o f a maximum workday fo r young w orkers;
4. Prohibition o f the employment o f young people and women in operations
particularly injurious to health and dangerous;
5. Limitation o f night work for young persons and w om en ;
6. Mode o f executing the conventions which may be concluded.
Program Proposed by the Swiss Federal Council (1889).8
I. P r o h i b i t i o n
of
S u n d a y W ork.
1. In what measure is there reason for restricting Sunday w ork?
2. W hat are the types o f establishments or processes o f manufacturing for
which, by their very nature, the interruption or suspension o f work is inad
missible and Sunday work should consequently be permitted?
3. Is it possible to take some measures in these establishments for the pur
pose o f giving Sunday rest to individual workers?
1 L. C h a te la in : L a p ro tectio n In tern a tio n ale ouvriere, p. 4 4 .
* Archives diplomatiques, 1889, vol. 30, p, 78.
* Idem, 1890, vol. 33, pp. 372, 373.
288
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
I I . D e t e r m in a t io n of a M i n im u m
A ge f o r A d m i s s i o n o f C h i l d r e n i n t o
F a c t o r ie s .
1. Is there reason fo r the determination o f a minimum age for employing
children in factories?
2. Should the minimum age be the same in all countries, or on the other
hand, should it be determined with regard to the more or less early physical
development o f the child according to the clim atic conditions o f the different
countries?
3. W hat should be the minimum age determined in either o f these two
cases?
4. Can exceptions to the minimum age, once determined, be allowed if the
number o f workdays is reduced or the workday shortened?
I I I . D e t e r m i n a t i o n o f t h e M a x i m u m W o r k d a y for Y o u n g W o r k e r s .
1. Is it expedient to determine a maximum workday fo r young w orkers?
Ought the hours o f compulsory school instruction to be included ?
2. Ought this maximum workday to be graded according to the different
age groups?
3. O f how many hours o f work (w ith or without actual rest periods) ought
the maximum workday to consist in the one or the other case? (See 1 and 2.)
4. Between what hours o f the day ought the time o f work to be distributed?
I V . P r o h ib it io n of E m p l o y m e n t of Y o u n g P e r s o n s a n d W o m e n i n O p e r a t io n s
P a r t ic u l a r l y I n j u r i o u s to H e a l t h or D a n g e r o u s .
1. Is it necessary to restrict the employment o f young persons and women in
establishments particularly injurious to health or dangerous?
2. Ought* the persons o f these two categories to be excluded from these es
tablishments—
Entirely (young persons up to what a g e?), or partly (young persons up to
a certain age? Women at certain tim es?) ?
Or else should the workday o f young persons and women in these opera
tions be reduced?
W hat is the minimum o f the requirements to be adopted in the last two
cases?
3. What are the operations injurious to health or dangerous, to which the
above provisions ought to be applied? (See 1 and 2.)
V . L i m i t a t i o n o f N i g h t W o r k for Y o u n g P e r s o n s a n d W o m e n .
1. Ought young persons to be excluded entirely or partially from night
work ?
To what age should that exclusion extend? Under what conditions can
they be partially admitted?
2. Ought women without distinction of age to be excluded from night w ork?
In case o f admission is it advisable to enact certain restrictions by law ?
3. W hat are the hours included within the term night work, or in other
w ords when does night work commence and end?
VI. E n f o r c e m e n t o f t h e P r o v i s i o n s A d o p t e d .
1. To what kinds o f establishments (mines, factories, shops, etc. are the
provisions adopted to be applicable?
2. Should a term be appointed for compliance with the provisions adopted?
PROPOSALS FOR INTERNATIONAL ACTION.
289
3. W hat are the measures to be taken fo r the enforcement o f the provisions
adopted?
4. Ought regularly recurring conferences o f delegates from the participating
States to be provided for?
5. W hat tasks ought to be assigned to these conferences?
Resolutions of Conference of Berlin (1890).
I. R e g u l a t i o n o f W o r k i n M i n e s .
It is desirable (1) that the low er age lim it at which children can be ad
mitted to underground works in mines shall be progressively raised, in pro
portion, as circumstances w ill allow it, to the age o f 14; in southern countries
that limit shall be fixed at 12.
Underground work is forbidden to persons o f the feminine sex.
2. In case the character of the mine does not permit the removal of all
dangers to health, arising from conditions natural or incidental to the opera
tion o f certain mines or o f certain mine workings, the length o f the workingday must be limited.
To each nation is left the task o f attaining this object by legislative or ad
ministrative measures, or by agreement between the operators and workers,
or in any other way in accordance with the principles and practice o f each
nation.
3. A. That the safety o f the workers and the healthfulness of the work
shall be assured by every means at the disposal o f science, and placed under
State supervision.
B. That the engineers charged with the direction of the operations shall be
exclusively men o f experience and duly attested technical competence.
C. That the relations between the mine workers and the mining engineers
shall be as direct as possible so as to possess the character o f mutual confi
dence and respect.
D. That mutual benefit societies shall be organized conformably to the
usages o f each country, designed to insure the mine worker and his fam ily
against disease, accidents, old age, and dea th ; that institutions which can
better the lot of the miner and attach him to his profession shall be developed
more and more.
E. That efforts toward the prevention o f strikes may be made with the ob
ject o f guaranteeing the continuity of coal production.
Experience tends to prove that the best preventive measure is that by which
employers and miners agree to arbitrate in every case where differences can
not be settled by a direct agreement.
II. R e g u l a t i o n
of
S u n d a y W ork.
It is desirable, subject to necessary exceptions and delays in each country,
that a weekly day o f rest be assured to persons to whom this protective legis
lation ap plies; that a day o f rest be assured to all industrial w ork ers; that this
day o f rest shall fall on Sunday for persons to whom the protective legislation
applies.
Exceptions may be allowed for establishments which require continuity of
production for technical reasons, or which furnish to the public objects o f
prime necessity which must be manufactured daily, also to establishments
which, by their nature, can function only in fixed seasons, or which depend
upon the irregular action o f natural forces.
143445°— 20— Bull. 268-------19
290
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
It is desirable that, even in the establishments o f this class, each laborer
shall have one free Sunday in two.
In order that the exceptions may be determined from similar points o f view,
it is desirable that the different Governments agree on the manner o f regu
lation.
III. R e g u l a t i o n o f C h i l d L a b o r .
It is desirable that children o f both sexes, under a certain age, shall be
excluded from work in industrial establishments; that this lim it shall be fixed
at 12 years, except for southern countries, where the lim it may be 10 years;
that these limits shall be the same fo r all industrial establishments without
discrim ination; that the children shall have first satisfied requirements of
elementary instru ction ; •that children under 14 years shall work neither at
night nor on Sunday; that their actual work shall not exceed six hours per
day and shall be broken by a rest of at least one-half h our; that children
shall be excluded from unhealthy or dangerous occupations, or else be ad
mitted only under certain protective conditions.
IV. R e g u l a t i o n
of t h e
W ork of Y o u n g P e r s o n s .
It is desirable that young workers o f both sexes between 14 and 16 years o f
age shall not work either at night or on Su n day; that their actual work shall
not exceed 10 hours per day and shall be broken by a rest o f at least one and
one-half hours’ duration; that exceptions shall be permitted for certain in
dustries.
That restrictions shall be provided for operations particularly unhealthful
or dangerous.
That protection shall be assured to young boys between 16 and 18 years o f
age in regard to the maximum workday, night work, Sunday work, and em
ployment in occupations particularly unhealthful or dangerous.
V. R e g u l a t i o n
of
W o m e n ’s W o r k .
It is desirable that girls and women shall not work at night.
That their actual work shall not exceed 11 hours during the day and shall
be interrupted by a rest o f at least one and one-half hours’ duration.
That exceptions shall be permitted in certain industries and that restric
tions shall be provided for occupations particularly unhealthful or dangerous.
That lying-in women shall not be admitted to work within fou r weeks after
their delivery.
VI. E
nforcem ent
of
the
P r o v i s i o n s A do p t e d b y
the
Conference.
In cases where the Governments wish to give effect to the acts o f the con
ference, the follow ing provisions are recom m ended:
That the enforcement o f the measures undertaken in each State shall be
supervised by a sufficient number o f specially qualified officials appointed by
the Government and independent o f both the employers and the workers.
The annual reports o f these officials, published by the Governments o f the
different countries, shall be communicated to the other Governments. Each
State shall publish periodically, in so far as possible in similar form , statistical abstracts.
Respecting the questions indorsed in the deliberations o f the conference, the
participating States shall exchange the statistical abstracts bearing on those
questions, as well as the text o f the regulations promulgated by legislative or
administrative action and having reference to the questions indorsed at the
conference.
PROPOSALS FOR INTERNATIONAL ACTION.
291
It is desirable that another conference o f the States shall take place in the
future, and that the States shall then communicate to each other the experi
ence gained as a result o f the present conference so that opportunity may be
given to m odify or supplement them.
The undersigned submit these resolutions to their respective Governments,
subject to the reservations .and with the observations made in the sessions of
the 27th and 28th o f March and recorded in the minutes o f those sessions.
Proposition Concerning the Organization of a Permanent International Commission Made by
Great Britain at International Conference at Bern, 1906.1
The high contracting parties agree to create a commission charged with
looking after the execution o f the provisions o f the present convention.
This commission shall be composed o f delegates o f the different contracting
States. The first meeting w ill take place at ---------- ; the commission chooses
its president and the place o f its next meeting.
Each o f the high contracting parties shall be represented on the commission
by one delegate or by a delegate and associate delegates {d6l6gu£s adjo in ts).
Austria and Hungary shall be considered as separate contracting parties.
The commission is charged with giving advice upon disputed questions and
complaints which shall be submitted to it.
It shall have power o f investigation and examination only. Upon all ques
tions and complaints which shall be submitted to it, it shall make a report
which shall be communicated to the interested States.
As a last resort a disputed question shall, upon the demand o f one o f the
high contracting parties, be submitted to arbitration.
In case the high contracting parties wish to call a conference upon the sub
ject of labor conditions, the commission w ill undertake to prepare the program
and shall serve as the medium for the exchange o f preliminary views.
Proposition Concerning the Organization of a Permanent International Commission Made
by French and Swiss Delegations at International Conference at Bern, 1906.2
In order to secure the greatest possible unity in the regulations which shall
be promulgated in conform ity with the present convention, the different ques
tions relating to the said convention which are left in doubt by it could be sub
mitted, by one or several o f the contracting parties, to the consideration o f a
commission upon which each signatory State would be represented by one
delegate or a delegate and associate delegates (d&legnes adjo in ts).
This commission shall have a purely consultative character. In no case
will it be able to carry on any investigation or interfere in any way with the
acts, administrative or otherwise, o f the States.
It shall make a report upon questions submitted to it, which shall be trans
mitted to the contracting States.
This commission can, besides, be called upon—
1. To give advice upon equivalent conditions upon which the adhesions o f
States outside o f Europe could be accepted, such as possessions, colonies, pro
tectorates, when the climate or the condition of the natives shall require modi
fication o f details o f the convention.
2. To serve as the medium for the exchange o f preliminary opinions in case
the high contracting parties agree upon the necessity o f meeting for new con
ferences upon the subject o f labor conditions.
1 Actes de la conference diplomatique pour la protection ouvri&re, 1906, pp. 77, 78.
* Idem, pp. 106, 107;
292
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOB.
The commission w ill meet at the request o f one o f the contracting States
but not more than once a year except by agreement between the contracting
States for an additional meeting because o f exceptional circumstances. It
shall meet in each o f the capitals o f the contracting States in Europe in alpha
betical order. * * *
The high contracting parties reserve the right to submit to arbitration in
accordance with article 16 o f the Hague Convention the questions raised by
the present convention even if they have been the subject o f a decision o f the
commission provided for by the article.
Final Protocol of the International Conference on Labor Legislation,1 Bern, September 25, 1913.
I. P r i n c i p l e s f o r a n I n t e r n a t i o n a l C o n v e n t io n R e s p e c t i n g t h e P r o h i b i t i o n
of
N ig h t W o rk for Y o u n g P e r s o n s E m pl o y e d i n I n d u s t r ia l O c c u p a t io n s .
(1) Night work in industrial occupations shall be prohibited for young
persons under the age o f 16 years.
The prohibition shall be absolute in all cases up to the age o f 14 years.
The present convention shall apply to all industrial undertakings where
more than 10 persons are em ployed; it shall not apply in any case to under
takings where only members o f the fam ily are .employed.
It shall be the duty o f each o f the contracting States to define the meaning
o f “ industrial undertakings.” Mines and quarries and industries for the
manufacture and transformation of materials shall, in all cases, be included
in this definition; as regards the latter point, the limit between industry on
the one hand, and agriculture and commerce on the other, shall be defined by
national legislation.
(2) The night’s rest contemplated in article 1 shall have a duration o f at
least 11 consecutive hours. In all the contracting States these 11 hours must
include the period between 10 p. m. and 5 a. m.
In coal and lignite mines it shall be permissible to vary the hours o f rest
contemplated in the first paragraph, provided that the interval between two
periods o f work habitually lasts 15 hours, and in all cases 13 hours at least.
The period from 10 p. m. to 5 a. m. contemplated in the first paragraph may,
iL the case o f the bakery industry, be replaced by the period from 9 p. m. to 4
a. m. in those States where night work is prohibited by national legislation
fo r all workers engaged in this industry.
(3) The prohibition o f night work may be suspended fo r young workers
over 14 years o f age—
(a )
I f the interest o f the State or any other public interest absolutely de
mands it.
(&)
In case o f “ force majeure ” where there occurs in an undertaking an
interruption o f manufacture which it was impossible to foresee and not being
o f a periodical character.
(4) The provisions o f this convention shall apply to girls under- 16 years of
age wherever these provisions afford more extensive protection than those o f
the convention o f September 26, 1906.
(5) In extra-European States, as well as in colonies, possessions, or pro
tectorates, when the climate or the condition o f the native population shall
require it, the period o f the uninterrupted night’s rest may be shorter than
the minimum o f 11 hours laid down in the present convention, provided that
compensatory rests are accorded during the day.
1 See pp. 134-137.
PROPOSALS FOR INTERNATIONAL ACTION.
293
(6 )
The present convention shall come into force tw o years after the date
on which the record o f deposit is closed.
The time limit for bringing into force the prohibition o f the night work o f
young persons over 14 years o f age in industrial occupations shall be increased
to 10 years—
(a ) In glass works, for persons employed before the melting, annealing, and
reheating furnaces.
(b ) In rolling mills and forges where iron and steel are worked up with
continuous furnaces, for the workers engaged in occupations directly con
nected with the furnaces.
In both cases, however, on condition that the night employment shall only
be permitted in work o f a kind to promote the industrial development o f the
young workers and which presents no particular danger to their life or health.
II. P r i n c i p l e s
f or a n
I n t e r n a t i o n a l C o n v e n t io n to F i x t h e W o r k in g - D a y f o r
W o m e n a n d Y o u n g P e r s o n s E m plo y ed i n I n d u s t r ia l O c c u p a t io n s .
(1 ) The maximum period o f employment in industrial occupations o f
women without distinction o f age and o f young persons up to the age o f 16
years shall, subject to the exceptions hereafter mentioned, be 10 hours a day.
The working-day may also be limited by fixing a maximum of 60 hours
per working week, with a daily maximum o f 10i hours.
The present convention shall apply to all industrial undertakings where
more than 10 persons are em ployed; it shall not apply in any case to under
takings where only members o f the fam ily are employed.
It shall be the duty o f each o f the contracting States to define the mean
ing o f “ industrial undertakings.” Mines and quarries and industries for the
manufacture and transformation o f materials shall in all cases be included in
this definition; as regards the latter point, the limit between industry* on the
one hand, and agriculture and commerce on the other, shall be defined by
national legislation.
(2) The hours o f work shall be interrupted by one or more breaks, the
regulations o f which shall be left to national legislation, subject to two condi
tions, n am ely:
Where the daily period o f employment does not exceed six hours, no break
shall be compulsory.
Where the daily period o f employment exceeds this limit, a break o f at
least h alf an hour shall be prescribed during or immediately after the first
siy hours’ work.
(3) Subject to the reservations specified in article 4, the maximum period
o" employment may be extended by overtime—
(a ) I f the interest o f the State or any other public interest absolutely de
mands it.
( b ) In case o f “ force m ajeure ” where there occurs in an undertaking an
interruption o f manufacture which it was impossible to foresee and not being
o f a periodical character.
(c ) In cases where the work is concerned either with raw materials or ma
terials in course o f treatment which are susceptible to very rapid deteriora
tion, when such overtime is necessary to preserve these materials from cer
tain loss.
(d ) In industries subject to seasonal influences.
(e ) In exceptional circumstances fo r all undertakings.
(4) The total hours o f work, including overtime, shall not exceed 12 hours
a day, except in factories for the preserving o f fish, vegetables, and fruit.
294
SURVEY OF INTERNATIONAL ACTION AFFECTING LABOR.
Overtime shall not exceed a total of 140 hours per calendar year. It may
extend to 180 hours in the manufacture o f bricks, tiles, men’s, women’ s, and
children’s clothing, articles o f fashion, feather articles, and artificial flowers,
and in factories fo r the preserving of fish, vegetables, and fruit.
It shall not be permissible, in any case, to extend the working-day for
young workers o f either sex under 16 years o f age.
This article shall not apply in the cases contemplated in (a ) and (&) o f
article 3.
(5) This convention shall come into force tw o years after the date on
which the record o f deposit is closed.
The time limit fo r bringing it into force shall be extended—
(a ) From two to seven years in the manufacture o f raw sugar from beet
root, and of machine-made embroidery, and in the spinning and weaving o f
textile materials.
(6 ) From two to seven years in States where the legal duration o f the
working-day for women, without distinction o f age, and for young persons
employed in industrial occupations still amounts to 11 hours,, provided that,
except as regards the exemptions contemplated in the preceding articles [pnra
graphs], the period o f employment shall not exceed 11 hours a day and 63
hours a week.
Drawn up at Bern on September 25, 1913, in one copy, which shall be de
posited in the Swiss Federal archives and a certified copy o f which shall he
presented through the diplomatic channel to each o f the Governments rep
resented at the conference.
SERIES OF BULLETINS PUBLISHED BY THE BUREAU OF LABOR STATISTICS:
[The publication of the annual and special reports and of the bimonthly bulletin was dis
continued in July, 1912, and since that time a bulletin has been published at irregular intervals.
Each number contains matter devoted to one of a series of general subjects. These bulletins
are’ numbered consecutively beginning with No. 101, and up to No. 2 3 6 they also carry con
secutive numbers under each series. Beginning with No. 237 the serial numbering has been
discontinued. A list of the series is given below. Under each is grouped all the bulletins
which contain material relating to the subject matter of that series. A list of the reports and
bulletins of the bureau issued prior to July 1, 1912 , will be furnished on application.]
W h o le s a le P r ic e s.
Bui. 114. Wholesale prices, 1890 to 1912.
Bui. 149. Wholesale prices, 1890 to 1913.
Bui. 173. Index numbers of wholesale prices in the United
countries.
Bui. 181. Wholesale prices, 1890 to 1914.
Bui. 200. Wholesale prices, 1890 to 1915.
Bui. 226. Wholesale prices, 1890 to 1916.
States and foreign
R e t a i l P r ic e s an d C o st o f L iv in g ;.
Bui. 105. Retail prices, 1890 to 1911 : Part I.
Retail prices, 1890 to 1911 : Part I I — General tables.
Bui. 106. Retail prices, 1890 to June, 1912 : Part I.
Retail prices, 1890 to June, 1912 : Part I I — General tables.
Bui. 108. Retail prices, 1890 to August, 1912.
Bui. 110. Retail prices, 1890 to October, 1912.
Bui. 113. Retail prices, 1890 to December, 1912.
Bui. 115. Retail prices, 1890 to February, 1913.
Bui. 121. Sugar prices, from refiner to consumer.
Bui. 125. Retail prices, 1890 to April, 1913.
Bui. 130. W heat and flour prices, from farmer to consumer.
Bui. 132. Retail prices, 1890 to June, 1913.
Bui. 136. Retail prices, 1890 to August, 1913.
Bui. 138. Retail prices, 1890 to October, 1913.
Bui. 140. Retail prices, 1890 to December, 1913.
Bui. 156. Retail prices, 1907 to December, 1914.
Bui. 164. Butter prices, from producer to consumer.
Bui. 170. Foreign food prices as affected by the war.
Bui. 184. Retail prices, 1907 to June, 1915.
Bui. 197. Retail prices, 1907 to December, 1915.
Bui. 228. Retail prices, 1907 to December, 1916.
Bui. 266. A study of family expenditures in the District of Columbia. [In press.]
W a g e s an d H o u r s o f L a b o r .
Bui. 116, Hours, earnings, and duration of employment of wage-earning women in
selected industries in the District of Columbia.
Bui. 118. Ten-hour maximum working-day for women and young persons.
Bui. 119. Working hours of women in the pea canneries of Wisconsin.
Bui. 128. Wages and hours of labor in the cotton, woolen, and silk industries,
1890 to 1912.
Bui. 129. Wages and hours of labor in the lumber, millwork, and furniture indus
tries, 1890 to 1912.
Bui. 131. Union scale of wages and hours of labor, 1907 to 1912.
Bui. 134. Wages and hour3 of labor in the boot and shoe and hosiery and knit
goods industries, 1890 to 1912.
Bui. 135. Wages and hours of labor in the cigar and clothing industries, 1911 and
1912.
Bui. 137. Wages and hours of labor in the building and repairing of steam rail
road cars, 1890 to 1912.
(I)
W a g e s a n d H o u r s o f L a b o r — Concluded.
B ul. 1 4 3 . U nion sca le o f w a g es and hours o f labor, M ay 15, 1913.
B ul. 1 4 6 . W ages and r eg u la r ity o f em ploym en t in th e dress an d w a is t in d u str y o f
N ew York C ity.
Bul. 1 4 7 . W ages and reg u la rity o f em ploym en t in th e cloak, su it, and sk irt in d u stry.
B ul. 1 5 0 . W ages and hours o f labor In th e co tton , w oolen, and silk in d u str ies,
1 9 0 7 to 1 9 1 3 .
B ul. 1 5 1 . W ages and hours o f labor in th e iron and ste e l in d u stry in th e U n ited
S ta tes, 1 9 0 7 to 1 9 1 2 .
B ul. 1 5 3 . W ages and hours o f labor in th e lum ber, m illw ork , and fu rn itu re in d u s
tries, 1 9 0 7 to 1 9 1 3 .
B ul. 1 5 4 . W ages and hours o f labor in th e boot and sh oe and h osiery and underw ear
in d u stries, 1 9 0 7 to 1 9 1 8 .
B ul. 1 6 0 . Hours, earn ings, and c o n d itio n s o f labor of w om en ii» In d ia n a m ercan
tile e sta b lish m e n ts and g arm en t factories.
B ul. 1 6 1 . W ages and hours o f labor in th e c lo th in g and cigar in d u stries, 1 9 1 1 to
1913.
B u l. 1 6 3 . W ages and hours o f labor in th e bu ild in g and rep airin g o f steam r a il
road cars, 1 9 0 7 to 1 9 1 3 .
B ul. 1 6 8 . W ages and hours o f labor in th e iron and ste el in d u stry in th e U n ited
S ta tes, 1 9 0 7 to 1 9 1 3 .
B ul. 1 7 1 . U nion sca le o f w a g es and hou rs of labor, M ay 1, 1 9 1 4 .
Bul. 1 7 7 . W ages and hours o f labor in th e h osiery and u n derw ear in d u stry, 1 9 0 7
to 1 9 1 4 .
B ul. 1 7 8 . W ages and hours o f labor in th e boot and shoe in d u stry, 1 9 0 7 to 1 9 1 4 .
B ul. 1 8 7 . W ages and hours of labor in th e m en’s clo th in g in d u stry, 1 9 1 1 to 1 9 1 4 .
B ul. 3 9 0 . W ages and hours o f labor in th e cotton , w oolen, and silk in d u stries,
1 9 0 7 to 1 9 1 4 .
B u l. 1 9 4 . U n io n sca le o f w a g es and hours o f labor, M ay 1, 1 9 1 5 .
B ul. 2 0 4 . S treet ra ilw a y em ploym en t in th e U n ited S tates.
B ul. 2 1 4 . U n ion sca le o f w a g es and hours o f labor, M ay 15, 1 9 1 6 .
B ul. 2 1 8 . W ages and hours o f labor in th e iron and ste el in d u stry, 1 9 0 7 to 1 9 1 5 .
B ul. 2 2 5 . W ages and hours o f labor in th e lumber, m illw ork , and fu rn itu re in
du stries, 1 9 1 5 .
B ul. 2 3 2 . W ages and hours o f labor in th e boot and shoe in d u stry, 1 9 0 7 to 1 9 1 6 .
B ul. 2 3 8 . W ages and hours o f labor in w oolen and w orsted goods m an u factu rin g,
1916.
B ul. 2 3 9 . W ages and hours o f labor in co tto n goods m a n u factu rin g and fin ish ing,
1916.
B ul. 2 4 5 . U n io n sca le o f w a g es and hou rs o f labor, M ay 15, 1 9 1 7 .
B ul. 2 5 2 . W ages and hou rs o f labor in sla u g h ter in g and m eat-packing in d u stry.
B ul. 2 5 9 . U nion scale o f w a g es and hours o f labor, M ay 1 5, 1 9 1 8 .
B ul. 2 6 0 . Y w ges and hours of labor in th e boot and shoe in d u stry, 1 9 0 7 to 1 9 1 8 .
B ul. 2 6 1 . W ages and hours o f labor in w oolen and w orsted goods m an u factu rin g,
1918.
B ul. 2 6 2 . W ages and hours of labor in c o tto n goodfc m a n u fa ctu rin g and fin ish
ing, 1 9 1 8 .
B ul. 2 6 5 . In d u stria l su rvey in selected in d u str ies in th e U n ited S ta tes, 1 9 1 9 .
P relim in a ry report.
E m p lo y m e n t a n d U n e m p l o y m e n t .
B ul. 1 0 9 . S ta tis tic s of un em ploym ent and th e work o f em ploym en t offices in th e
U n ited S ta tes.
B ul. 1 7 2 . U n em p loym en t in N ew York C ity, N. Y.
B ul. 1 8 2 . U nem ploym ent am on g wom en in departm en t and oth er r eta il sto r es of
B oston, M ass.
B ul. 1 8 3 . R eg u la rity o f em ploym en t in th e w om en’s ready-to-wear garm en t in
d u stries.
B ul. 1 9 2 . P ro ceed in g s o f th e A m erican A sso c ia tio n o f P u b lic E m ploym en t Offices.
B ul. 1 9 5 . U nem ploym ent in th e U n ited S ta tes.
B ul. 1 9 6 . P ro ceed in g s o f th e E m p lo y m en t M anagers’ C onference h eld a t M inne
ap olis, Janu ary, 1 9 1 6 .
Bul. 2 0 2 . Proceed ings o f th e conference o f th e E m p loym en t M anagers’ A sso cia
tio n o f B oston, M ass., held M ay 1 0, 1 9 1 6 .
Bul. 2 0 6 . T he B r itish sy stem o f labor exch an ges.
B ul. 2 2 0 . P roceed in gs o f th e F ou rth A nnu al M eeting of th e A m erican A sso c ia tio n
o f P u b lic E m ploym en t Offices, B uffalo, N. Y., J u ly 2 0 and 2 1 , 1 9 1 6 .
(n )
e m p l o y m e n t a n d U n e m p l o y m e n t — Concluded.
B ul. 2 2 3 . E m p loym en t o f w om en and ju v en ile s in Great B r ita in du rin g th e war.
Bul. 2 2 7 . P ro ceed in g s o f th e E m ploym en t M anagers’ C onference, P h ilad elp h ia, Pa.,
April 2 and 3, 1 9 1 7 .
Bul. 2 3 5 . E m p loym en t sy ste m of th e Lake C arriers’ A ssociation .
B ul. 2 4 1 . P u b lic em ploym en t offices in th e U n ited S ta tes.
B ul. 2 4 7 . P ro ceed in g s o f E m ploym en t M anagers’ C onference, R ochester, N. Y.,
M ay 9 - 1 1 , 1 9 1 8 .
B ul. 2 6 3 . H o u sin g by em ployers in th e U n ited S ta tes. [I n p ress.]
W o m e n in In d u str y .
B ul. 1 1 6 . H ours, earn ings, and d u ration o f em ploym en t o f w age earn in g w om en
in selected in d u str ies in th e D is tr ic t o f Colum bia.
Bul. 1 1 7 . P ro h ib itio n o f n ig h t w ork o f youn g persons.
B ul. 1 1 8 . Ten-hour m axim um w orking-day for w om en and youn g persons.
B ul. 1 1 9 . W orking h ou rs o f w om en in th e pea can n eries o f W isconsin.
Bul. 1 2 2 . E m ploym en t o f w om en in pow er la u n d ries in M ilw aukee.
B ul. 1 6 0 . H ours, earn ings, and c o n d itio n s o f labor o f w om en in In d ian a m er
c a n tile esta b lish m e n ts and garm en t factories.
B ul. 1 6 7 . M inim um -w age le g isla tio n in th e U n ited S ta te s and foreign cou n tries.
B ul. 1 7 5 . Sum m ary o f th e rep ort on co n d itio n o f w om an and ch ild w age earn ers in
th e U n ited S ta tes.
B ul. 1 7 6 . E ffect o f m inim um -w age d eterm in a tio n s in Oregon.
B ul. 1 8 0 . T he boot and shoe in d u stry in M a ssa c h u setts as a vocation for w om en.
B ul. 1 82 . U nem ploym ent am ong w om en in departm en t and oth er reta il sto res of
B oston, M ass.
Bul. 1 9 3 . D ressm ak in g as a trade for w om en in M a ssach u setts.
Bul. 2 1 5 . In d u str ia l experien ce o f trade-school g ir ls in M assach u setts.
Bul. 2 2 3 . E m ploym en t o f w om en and ju v en ile s in G reat B rita in during th e war.
Bul. 2 5 3 . W om en in th e lead ind ustry.
W o r k m e n ’s I n s u r a n c e a n d C o m p e n s a t io n ( i n c l u d i n g l a w s r e l a t i n g t h e r e t o ) .
Bul. 1 0 1 . Care o f tu berculou s w age earners in Germany.
Bul. 1 0 2 . B ritish N a tio n a l In su ran ce Act, 1 9 1 1 .
B ul. 1 0 3 . Sick n ess and a ccid en t insurance la w o f Sw itzerland.
Bul. 1 0 7 . L aw r ela tin g to in su ran ce of sa la ried em ployees in Germ any.
Bul. 1 2 6 . W orkm en’s com pensation la w s o f th e U n ited S ta te s and foreign coun
tries.
B ul. 1 5 5 . C om pensation for a ccid en ts to em ployees of th e U n ited S tates.
B ul. 1 8 5 . C om pensation le g isla tio n o f 1 9 1 4 and 1 9 1 5 .
Bul. 2 0 3 . W orkm en’s com p en sation la w s o f t h e U n ited S ta te s and foreign c o u n
tries.
B ul. 2 1 0 . P ro ceed in g s o f th e T hird A nnu al M eeting of th e In tern a tio n a l A sso
cia tio n o f In d u str ia l A ccid en t B oards and C om m issions.
B ul. 2 1 2 . P roceed in gs o f th e conferen ce on so cial insurance called by th e In te r
n a tio n a l A sso c ia tio n o f In d u str ia l A ccid en t B oard s and C om m issions.
Bul. 2 1 7 . E ffect o f w orkm en’s com pensation la w s in d im in ish in g th e n e c essity of
in d u str ia l em ploym en t o f w om en and children.
Bul. 2 4 0 . C om parison o f w orkm en's com p en sation la w s of th e U n ited S tates.
B ul. 2 4 3 . W orkm en’s com p en sation le g isla tio n in th e U n ited S ta te s and foreign
co untries.
B ul. 2 4 8 . P ro ceed in g s o f th e F ou rth A nnu al M eeting o f th e In te r n a tio n a l A sso
cia tio n o f In d u str ia l A ccid en t B oards and C om m issions.
B ul. 2 6 4 . P roceed in gs o f th e F ifth A nnu al M eeting o f th e In te r n a tio n a l .A sso
cia tio n o f In d u str ia l A ccid en t B oard s and C om m issions.
I n d u s tr ia l A c c id e n ts a n d H y g ie n e .
B ul. 1 0 4 . L ead p o iso n in g in p o tteries, tile w orks, and porcelain enam eled s a n i
ta r y w are factories.
B ul. 1 2 0 . H y g ien e o f th e p a in te rs’ trade.
Bul. 1 2 7 . D angers to w orkers from d u sts and fum es, and m eth ods of protection.
B ul. 1 4 1 . Lead poiso n in g in th e sm e ltin g and refin in g o f lead.
Bul. 1 5 7 . In d u stria l a ccid en t s ta tis tic s .
Bul. 1 6 5 . Lead p o iso n in g in th e m a a u fa ctu re o f storage b atteries.
B ul. 1 7 9 . In d u stria l poisons used in th e rubber in d u stry.
B ul. 1 8 8 . R eport of B ritish dep artm en tal com m ittee on danger in th e use of leaa
in th e p a in tin g o f bu ildings.
(I ll)
I n d u s t r i a l A c c id e n t s a n d H y g i e n e — C oncluded.
B ui. 2 0 1 . R eport o f com m ittee on s ta tis tic s and com p en sation in su ran ce c o st of
th e In te r n a tio n a l A sso c ia tio n o f In d u str ia l A ccid en t B oard s and
C om m issions. [L im ited ed itio n .]
B ui. 2 0 5 . A n th ra x a s an occu p a tio n a l d isease.
Bui. 2 0 7 . C auses o f d eath by occupation.
B ui. 2 0 9 . H y g ien e o f th e p rin tin g trades.
B ui. 2 1 6 . A ccid en ts and a ccid en t preven tion in m achin e building.
B ui. 2 1 9 . In d u stria l p o iso n s used or produced in th e m a n u factu re o f exp losives.
B ui. 2x1. H ours, fa tig u e, and h ea lth in B ritish m u n ition factories.
B ui. 2 3 0 . In d u stria l efficiency and fa tig u e in B ritish m u n ition fa cto ries.
B ui. 2 3 1 . M o rta lity from resp ira to ry d isea ses in d u sty trades.
B ui. 2 3 4 . S a fety m ovem ent in th e iron and s te el in d u stry, 1 9 0 7 to 1 9 1 7 .
B ui. 2 3 6 . E ffect o f th e a ir ham m er on th e h an ds o f sto n ecu tters.
B ui. 2 5 1 . P rev en ta b le d ea th in th e co tto n m a n u fa ctu rin g in d u stry.
B ui. 2 5 3 . W om en in th e lead in d u stry.
B ui. 2 5 6 . A ccid en ts and a c cid en t p reven tion in m achin e bu ildin g. R ev isio n of
B ui. 2 1 6 .
B ui. 2 6 7 . A n th ra x as an o ccu p a tio n a l disease.
(R e v ise d e d itio n .)
C o n c i l i a t i o n a n d A r b i t r a t i o n (in c lu d in g ; s t r i k e s a n d l o c k o u t s ) .
B ui. 1 2 4 . C o n cilia tio n and a rb itra tio n in th e b u ild in g trad es o f G reater N ew
York.
%
B ui. 1 3 3 . R eport o f th e in d u str ia l council o f the B r itish B oard o f T rade on its
inq uiry in to in d u str ia l agreem ents.
B ui. 1 3 9 . M ichigan copper d istr ic t strike.
B ui. 1 4 4 . In d u str ia l court o f th e cloak, su it, and sk irt in d u stry o f N ew York City.
B ui. 1 4 5 . C onciliation, arb itration , and sa n ita tio n in th e dress and w a is t in d u s
try o f N ew York C ity.
B ui. 1 9 1 . C ollective b a rg a in in g in the a n th r a cite coal in d u stry.
B ui. 1 9 8 . C o llectiv e agreem en ts in th e m en’s clo th in g in d u stry.
• B ui. 2 3 3 . O peration o f th e In d u stria l D isp u te s In v e stig a tio n A ct o f Canada.
L a b o r L a w s o f t h e U n i t e d S t a t e s ( in c lu d in g ? d e c i s i o n s o f c o u r t s r e la tin g : t o
la b o r ).
B ui. 1 1 1 . Labor le g is la tio n o f 1 9 1 2 .
B ui. 1 1 2 . D ecisio n s o f courts and op in ion s a ffectin g labor, 1 9 1 2 .
B ui. 1 4 8 . Labor la w s o f th e U n ited S ta tes, w ith d ecision s o f cou rts r ela tin g
th ereto.
B ui. 1 5 2 . D ecisio n s o f cou rts and opin ions affectin g labor, 1 9 1 3 .
B ui. 1 6 6 . Labor le g is la tio n o f 1 9 1 4 .
B ui. 1 6 9 . D ecisio n s of courts a ffectin g labor, 1 9 1 4 .
B ui. 1 8 6 . Labor le g is la tio n o f 1 9 1 5 .
B ui. 1 8 9 . D e cisio n s o f courts affectin g labor, 1 9 1 5 .
B ui. 2 1 1 . Labor la w s and th eir a d m in istra tio n in th e P acific S ta te s.
B ui. 2 1 3 . Labor le g isla tio n o f 1 9 1 6 .
B u i. 2 2 4 . D ecisio n s o f courts a ffectin g labor, 1 9 1 6 .
B ui. 2 2 9 . W age-paym ent le g isla tio n in th e U n ited S tates.
B ui. 2 4 4 . Labor le g isla tio n o f 1 9 1 7 .
B ui. 2 4 6 . D ecisio n s o f cou rts a ffectin g labor, 1 9 1 7 .
B ui. 2 5 7 . Labor le g is la tio n o f 1 9 1 8 .
B ui. 2 5 8 . D e cisio n s o f co u rts and op in ion s a ffectin g labor, 1 9 1 8 .
F o r e ig n L ab or L a w s.
Bui. 1 4 2 . A d m in istra tio n o f labor la w s and fa cto ry in sp ectio n in c erta in E uropean
countries.
V o c a t i o n a l E d u c a t io n .
B ui. 1 4 5 . C o nciliation, arb itra tio n , and sa n ita tio n in th e dress and w a is t in d u stry
o f N ew York C ity.
B ui. 1 4 7 . W ages and reg u la rity o f em ploym en t in th e cloak, su it, and sk irt in d u s
try.
B ui. 1 5 9 . Sh ort-un it courses for w age earners, and a fa cto ry sch ool experim ent.
B ui. 1 6 2 . V o ca tio n a l ed u ca tio n su rv ey o f R ichm ond, Va.
B ui. 1 9 9 . V o ca tio n a l ed u cation survey o f M inneapolis.
L ab or a s A ffe c te d b y th e W a r.
B ui. 1 7 0 . F oreign food prices a s affected by th e w ar.
B ui. 2 1 9 . In d u stria l po iso n s used or produced in th e m an u factu re o f exp lo siv es.
(IV)
Labor a s
B ul.
Bul.
Bul.
Bul.
Bul.
Bul.
A f f e c t e d b y t h e W a r — Concluded.
2 2 1 . Hours, fa tig u e, and h ea lth in B ritish m u n ition factories.
2 2 2 . W elfare work in B ritish m u n itio n fa cto ries.
2 2 3 . E m ploym en t o f w om en and ju v en ile s in G reat B rita in du rin g th e war.
2 3 0 . In d u stria l efficiency and fa tig u e in B r itish m u n ition factories.
2 3 7 . In d u str ia l un rest in G reat B ritain .
2 4 9 . In d u stria l h e a lth and efficiency. F in al report o f B ritish H ea lth o f
M unition W orkers C om m ittee.
Bul. 2 5 5 . J o in t sta n d in g in d u str ia l co u n cils in G reat B rita in .
M is c e lla n e o u s
Bul. 1 17.
Bul. 1 1 8 .
Bul. 123.
Bul. 1 5 8 .
S e r ie s .
P roh ib itio n o f n igh t work o f youn g persons.
Ten-hour m axim um w orking-day for w om en and youn g persons.
E m p loyers’ w elfa re work.
G overnm ent aid to hom e o w n in g and h o u sin g o f w orking people in for
eign countries.
Bul. 1 5 9 . Short-unit courses for w age earners, and a fa cto ry sch ool experim ent.
B ul. 1 67 . M inim um -wage le g isla tio n in th e U n ited S ta te s and foreign countries.
B ul. 1 7 0 . F oreign food prices as affected by the w ar.
Bul. 1 7 4 . Subject ind ex o f th e p u b lica tio n s o f th e U n ited S ta te s Bureau o f Labor
S ta tis tic s up to M ay 1, 1 9 1 5 .
Bul. 2 0 8 . Profit sh a rin g in th e U nited S ta tes.
B ul. 2 2 2 . W elfare work in B ritish m u n ition factories.
Bul. 2 4 2 . .Food s itu a tio n in C entral Europe, 1 9 1 7 .
Bul. 2 5 0 . W elfare work for em ployees in in d u stria l esta b lish m e n ts in the U nited
S ta tes.
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