TH

(Continued from

HE democratic ideal would have the community assume the responsibility of social and industrial welfare, believing that fellowship in the common life demands we grant every individual a chance to prove himself to use his powers and develop his talents. There is no expectation that ideal conditions will immediately result, but there is unwavering faith in the infinite capacity of the people for improvement and development commensurate with opportunity. That the workers of the land may have constantly increasing opportunities for complete self-realization is the object of labor legislation. Illustrations of methods. of approach to the ideal are found in these labor laws of the various States.

The account of legislation for 1912, furnished by the New York Commissioner of Labor is very complete and extremely interesting. In so much as the laws enacted are representative of the most progressive policies and deal with many different industrial problems, the account is published somewhat fully. Because of detailed explanations given here, other accounts are condensed.

The Commissioner's account is as follows: Working Hours in Factories.-The most important single labor law of the year was chapter 539, which reduced the maximum hours of work in factories of women over 16 years of age and of male minors 16 to 18 years of age, from 60 to 54 per week, and from 10 to 9 per day. The permissible maximum for exceptions in daily hours allowed in order to provide a half-holiday on one day in the week or for irregularity in work is at the same time reduced from 12 to 10. For the first time, however, an exception to the restrictions upon women's hours in factories is made for a particular industry. The canning and preserving industry is exempted not only from the added restriction contained in this year's law, but from all the restrictions upon the working hours of women and male minors over 16 years of age for the four months from June 15th to October 15th of each year.

Employment of Women After Childbirth.-A measure for the protection of the health of working women, long familiar in European legislation, appears in chapter 331, which prohibits the employment in factories, mercantile establishments,

September issue.)

and workshops of any female within four weeks after childbirth.

Child Labor.-An important step forward is taken in the State's Child Labor laws by chapter 333 which adds physical examination by a physician to evidence of age and education as necessary conditions for securing certificates of employment for factory work by children 14 to 16 years of age. Prior to 1903 no test of the physical fitness of such a child for work in a factory was required except that the officer issuing its employment certificate must be satisfied that the child "is physically able to perform the work which he intends to do." How he should satisfy himself on this point was not specified. In 1903 this requirement was amplified so as to require that the officer should satisfy himself that the child "has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do," and it was further specified that "in doubtful cases such fitness shall be determined by a medical officer of the board or department of health." This year's law takes the important steps of (1) extending the requirement of medical examination, which must be a thorough physical examination" to every case, and (2) providing for some supervision of such examinations by the Commissioner of Labor. The latter is provided by the requirement that the record of examination is to be made on a blank to

be furnished by the Commissioner of Labor and shall set forth such facts concerning "the physical condition and history of the child" as the com missioner may require, and a duplicate shall be filed with him.

It should be noted that this year's amendment as to children's labor certificates applies only to factories. The requirements as to certificates for mercantile employments, which last year were identical with those for factory work, were not affected by chapter 333.

Sanitation.-Chapter 334 extends to all factories without restriction the power of the Commissioner of Labor to enforce cleanliness and freedom from contagious diseases by the summary method of attaching the "unclean" label to articles manufactured under unclean or insanitary conditions or exposed to contagious diseases, which heretofore could be used only in tenant factories and in the case of forty-one specified articles manufactured in such factories. This law is calculated to protect the health of the consuming public, as well as of workers in factories. An act wholly for the health of workers is to be seen in chapter 336, which is notable as the first New York law specifically aimed at the prevention of industrial poisoning, the menace of which is becoming more and more

evident in the light of recent investigations. It is already clear that one of the chief means of entrance of poisonous substances into the system is through the mouth and alimentary canal by reason of unclean hands or the eating of food in work places where such substances are used. In some cases also poisons may be absorbed through the skin. Chapter 336, therefore, requires that workers in all factories where poisonous substances are used, or harmful fumes, dust, or gases are given off, must be provided with washing facilities which shall include hot water and individual towels. Employes are forbidden to take food into the workrooms of such establishments, or to remain in them during meal time, and employers are required to make suitable provision for enabling employes to take their meals elsewhere. This provision as to meals, it should be noted, applies not only to factories but also to mercantile establishments, commercial institutions, and any other establishment or work place where poisonous substances are used, or injurious fumes, dust, or gases exist.

Safety. The increased attention given to fire hazards in factories since last year's tragedy in the factory of the Triangle Waist Company bore fruit in the enactment of five statutes of 1912, designed to diminish these hazards. Chapter 332 requires the installation of an automatic sprinkler system in every factory building over ninety feet in height in which wooden flooring or wooden trim is used, and in which more than 200 people are regularly employed above the seventh floor. The Chief of the New York City Fire Department has stated that there would have been no loss of life in the Triangle Waist Company fire had such a system been in use. Chapter 330 requires a fire drill to be conducted at least once every three months in every factory regularly employing twenty-five persons above the ground floor. Chapter 329 requires that fire-proof receptacles shall be provided in all factories for all inflammable waste materials. All gas lights must be enclosed so as to provide protection from the open flame, and smoking in factories is prohibited.

The enforcement of the three laws just mentioned lies with the State fire marshal outside of New York City, and with the fire commissioner in that city. By chapter 453, last year's law establishing and regulating the office of State fire marshal is considerably amended. Among the changes thus made there are of especial interest here, a new provision enabling the fire marshal to prosecute the owner of a factory or other building who has failed to install exits or fire escapes in accordance with the marshal's orders, and new sections giving him jurisdiction over, and regulating, the manufacture, storage, and handling of explosives. Chapter 458, amendatory of the Greater New York charter, strengthens the powers of the fire commissioner by authorizing him to make arrests and serve criminal process in cases arising under laws or ordinances relating to fire prevention.

The law for the safety of workers in compressed air was amended by chapter 219. The principal changes made by this amendment are (1) a differentiation between work done in tunnels and work in caissons, with allowance of decompression in case of the latter, at a more rapid rate than for tunnels, the restrictions for the latter remaining

as they formerly were for both kinds of work; (2) requirement of the presence of a medical officer at the work only at necessary times, instead of at all times as before; (3) increase of the period of absence from work not requiring medical examination upon resumption of work, from three to ten days; (4) stricter requirement as to installation and care of instruments showing the air pressure to which workers are subjected; and (5) new requirements of at least two air pipes leading to the place of work and of an independent wire for electric lights therein. The first three changes indicated above manifestly relax the former regulations to some extent, but it is understood that these changes were acceptable to the representatives of the organized caisson workers as well as to employers. The ground given for the modification of the time of decompression in caisson work as compared with tunnel work is the much smaller size of the decompression lock used in caisson work, not permitting so many workers to be accommodated therein at once and so requiring more time for all to pass through.

Investigation of Factories.-Of the fifteen laws noted above, no less than eight (chapters 329 to 336 inclusive) were formally recommended by the special commission appointed under chapter 561 of laws of 1911 to investigate conditions affecting the health and safety of workers in factories in first and second class cities. This more or less direct fruit of the commission's work last year gives added interest to chapter 21 of this year's laws, which continues the life of the commission* for another year (report is to be made by January 15, 1913), extends the scope of its investigations to all factories throughout the State, and to mercantile establishments as well, and appropriates $60,000 for its work, last year's appropriation having been only $10,000.

Workmen's Compensation.-The Legislature of 1912 took the necessary first step toward removing, by amendment of the State constitution, the obstacle to a direct compulsory workmen's compensation law which was revealed by the decision of the Court of Appeals in 1911, holding unconstitutional the act passed in 1910. Amendments were proposed in the Legislature of 1911, but none were passed. Under the requirements of section 1 of Article XIV of the State constitution, the amend ment must be passed by the Legislature of 1913 before it can be submitted to the people, which can hardly be done before the fall of next year, so that the passage of any compensation law dependent upon this amendment of the constitution can not be accomplished until 1914.

This amendment of the State constitution would not, of course, affect the question of the constitutionality of a compensation law under the Federal Constitution, and it will be recalled that the Court of Appeals held the act of 1910 unconstitutional under both the Federal and State constitutions. But there has been a belief on the part of many that the Federal Supreme Court might not agree with the New York court, and would uphold such law under the Federal Constitution. It was impossible to carry the case to the United States Supreme

*It will be of interest to the readers of the AMERICAN FEDERATIONIST to know that the President of the Ameri can Federation of Labor, Samuel Gompers, is a member of this commission.

Court last year because the Federal Judiciary act forbids a case to be taken to that court for determination of its constitutionality as regards the Constitution of the United States, if the highest court in a given State has previously declared the act to be violative of the constitution of that State.

Employment Agencies.-Chapter 261 amends the provisions of the General Business law governing the licensing of employment agencies, so as to permit the relicensing of a person whose license has been revoked, after a period of three years; whereas, before, the relicensing of such a person was forbidden.

Immigrant Labor.-Three laws of 1912 amend the Labor Law or the Penal Law with reference to the Bureau of Industries and Immigration. Chapter 543 removes the restriction as to the number of special investigators in that bureau; enlarges the bureau's power to ascertain the need of, and to establish and supervise classes for, the instruction of aliens, empowers it to enter labor camps for the purpose of inspection, to inspect immigrant lodging places, and to issue subpoenas, and extends its power of hearing complaints to those against any person or corporation. Chapter 383 amends the Penal Law so as to make violation of Article 10-a of the Labor Law, which is the law regulating the Bureau of Industries and Immigration, a misdemeanor, in uniformity with the provisions of the Penal Law concerning other bureaus in the Department of Labor. Chapter 337 makes it discretionary instead of mandatory upon the Commissioner of Labor to require a bond for the license of an immigrant lodging-house keeper. Mention may be made of two other laws of 1912 concerning the interests of immigrants. These include chapter 321, to prevent frauds in sales of building lots, and chapter 429, which repeals an obsolete provision of the Greater New York Charter for the licensing of "bookers" of immigrant passengers, such business now being otherwise regulated.

Enforcement of Labor Laws.-The increased attention paid to the problem of the enforcement of labor laws in New York State is evident in the legislation of the last two years. In 1911, the maximum force of factory inspectors specified by law was increased from 60 to 85. By chapter 158 of the laws of 1912, the number was further increased to 125, thus more than doubling the specified force within two years. The increase of 40 made by this year's law is in number of inspectors of the second grade, with annual salary of $1,200.

The change made by chapter 158 is in maximum number of inspectors which may be appointed as has always been specified in the factory law. The appropriations made by the Legislature have not always been sufficient to make the maximum number of inspectors actually available. But as an index of the legislative intent as to the active field force for enforcement of the factory laws, the growth in the specified maximum number of inspectors from year to year since the establishment of factory inspection service in 1886 is of interest.

Two other laws of 1912 are intended to increase the efficiency of factory inspection. Chapter 335 requires the registration of every factory with the Commissioner of Labor. This statute, which is similar to that in force in European countries, is

designed to aid the inspectors in locating new, as well as existing, factories without having to depend upon inquiry or chance. Chapter 382 permits the Commissioner of Labor, or his duly authorized subordinate, to summon any one found violating the labor law, before a magistrate without the formality of filing information and applying for a warrant of arrest. Appeal to the courts to enforce compliance with orders may thus be much more expeditious.

Appropriation for Labor Department.-The total amount appropriated by the Legislature of 1912 for the Department of Labor for the year ending September 30, 1913, was $380,140, which is an increase over the appropriations for the current year 1911-12 of $61,100, or an increase over the appropriations for the corresponding year of 1910-11 of $152,970.63.

The Commissioner of Labor Statistics for Ohio furnished the following report of the labor laws enacted in the last session of the Legislature, 1911-12:

House Bill No. 452, amended and made stronger various sections of the Compulsory Education law and made the law more positive in its application. The results accruing to the minor thus guaranteed a decent schooling are manifest. It is a fact well known to all employers, particularly in the skilled trades, that operatives and mechanics equipped with a fair education show the highest order of efficiency and are better able to command remunerative wages.

Senate Bill No. 179 prohibits the employment after 9 o'clock p. m. of messenger boys under 18 years of age. This law not only eliminates the employment of young boys for messenger service late at night, but also removes such boys from allurements that are not conducive to moral training, especially incident to night messenger service in the tenderloin districts of cities.

House Bill No. 145 provides that urban and interurban electric cars shall be equipped with power brakes by January 1, 1913, as a means of reducing risks and insuring better protection to passengers and employes.

House Bill No. 184 requires periodical inspection of locomotive boilers and the equipment thereof with suitable appliances to promote safety of railway passengers and trainmen.

House Bill No. 144, forbids the use of any railway caboose that is not provided with a door at each end and an outside platform with properly guarded steps to prevent slipping.

House Bill No. 243, requires all railroads to equip locomotives with headlights of sufficient candle power to throw a light 350 feet ahead of the engine.

Senate Bill No. 91, a codification of the mining laws of Ohio made by a committee of operators and mine workers, broadens the powers of the State's authority for the proper inspection and safeguarding of mines and miners.

House Bill No. 358, requires railway companies to block frogs at intersections.

House Bill No. 328, provides that firemen of stationary boilers shall be licensed, the same as stationary engineers.

House Bill No. 182, for the suppression of the

white slave traffic, is a measure that has been advocated by labor organizations and philanthropic societies.

House Bill No. 24, an employers' liability act, eliminates the so called fellow-servant exemption clause from the former statutes. Its purpose is to secure greater care in the safe-guarding of operatives in factories, workshops, railroads and mines; a more rigid inspection of machinery and appliances used in hazardous employment; stricter compliance with laws providing for safety appliances, and a strict system of discipline where dangerous machinery is used.

Senate Bill No. 250, provided for the appointment of a commission consisting of two employers, two representatives of employes and one attorney to make inquiry and report at the next session on the subject of a workmen's compensation of employes in case of industrial accident.

The law relating to the preservation of the health of female employes in manufacturing, mechanical, mercantile, and other establishments limit their hours for work to fifty-four hours a week.

Senate Bill, No. 52, which places the supervision of loan agencies in the hands of the Secretary of State. The law provides for the bonding and licensing of such agencies and limits interest charges to eight per cent per annum.

House Bill No. 248, provides for the placing under the supervision of the State the inspection of steam boilers. The enforcement of this law, coupled with the rigid engineers' examining system now in vogue in this State, will serve as additional factors in promoting the public safety by reducing to a minimum the danger of explosion from defective steam boilers.

By several laws, the powers and authority of the State Department of Workshops and Factory Inspection have been greatly strengthened and broadened and the efficiency of the department materially increased so as to better enable it to pursue its work in looking after the safety, sanitary, and health conditions of the tens of thousands of employes under its care and supervision.

House Bill No. 538 provides for severe penalties for the imitating or counterfeiting of union labels, shop cards, seals, etc., and is aimed to eliminate the possibility of unscrupulous persons resorting to unfair or unjust methods in the manufacture and sale of products supposed to be "union made."

The following labor legislation is reported by the Indiana Bureau of Inspection for legislative session beginning January 5, 1912:

The Employer's Liability law removes all of the objectionable clauses in the old law known as the fellow-servant, assumption of risk and contributory negligence, and places the burden of proof wholly on the employer. All the liability insurance companies doing business in the State of Indiana, upon the passage of this law immediately doubled their premiums and are putting forth special effort to have their policyholders apply every safeguard for the protection of life and limb. The result has been that by permitting them to co-operate with the Factory Inspection Department, very satisfactory results have been accomplished.

The Dangerous Occupation law provides that in the construction of all buildings above two stories, flooring must be laid every two floors and all scaffolding must be securely safeguarded, including a hand rail three feet high.

The Child Labor law was somewhat improved and while it provides for children 14 years of age being employed, a number of large employers will not employ children under 16 years of age, due to the effective features of the Employer's Liability law.

Mechanic's Lien law whereby in work of every character the laborer is entitled to first consideration in enforcing the payment of his wages.

Railroad Employes' discharge letter compels the company to furnish any employe who resigns, or is discharged, a letter giving nature and length of service rendered.

Coal Mining law guards against dangerous features and provides for an examining board in every county in the State, such board to consist of two practical miners of at least five years' experience and one resident of the county, who is a coal operator, or mine owner.

A member of the State Industrial Commission furnished this review of Wisconsin's labor legislation of 1911:

The Industrial Commission law provides that all the various departments of the employers and employes were brought under one head-the Industrial Commission. That is to say, the Workman's Compensation act, the laws relating to safety, arbitration, women's hours of labor, compulsory school attendance, child labor, factory inspection, bakery inspection, statistics, etc., were placed under the authority of this commission.

The Legislature of 1911 also adopted a Workman's Compensation law, which provides that all employes under the act shall receive 65 per cent of their loss in wages. Under the act, the defense of fellow servant and contributory negligence can not be set up against employes in case of suit for damages as a result of accident. The next legislation will, without doubt, abolish the remaining defense of contributory negligence. Prior to that year railroad employes were the only ones who had been thus benefited in this State.

This Legislature also provided that all places of employment shall be made safe. It then defined the word "safe" tɔ mean such freedom from danger to life, health and moral well-being of employes as the nature of the business will reasonably permit. It then gave the Industrial Commission power to establish standards of safety, standards of sanitation, and such supervision over employes as would protect their moral welfare. The act provided that no employer shall permit or suffer any employe to work in or be in a place of employment that is not safe. It also places a penalty upon employes who refuse to use the means of safety thus adopted.

It has been claimed that this law gives the Industrial Commission legislative authority, but we have two decisions of our State Supreme Court upon this point, to the effect that the Legislature has not given legislative authority, but has adopted the rule of safety and has given an administrative body authority to adopt such administrative rules

as may be necessary to carry out the legislative will.

The Legislature passed a law requiring employers to furnish the Industrial Commission a complete description of every accident and of all sanitary conditions. The law also requires that builders and architects must submit plans and specifications of proposed factory buildings to the Industrial Commission for its approval, and prohibits the building of such without approval.

Another law provides for the furnishing of information which will lead the Industrial Commission to work out safe and sanitary conditions for preventing occupational diseases.

For the first time in the history of the State a workable Woman's Hours of Labor law was passed limiting work hours to ten a day or fifty-five a week.

An eight-hour day was established on public works.

Railroads were required to provide block signals and headlights on locomotives.

Sale of corn shredders was forbidden unless provided with safety or automatic feeding device. Accidents causing death or disability of any employe must be reported by employer and insurance companies.

The law was amended to forbid the employment of children under the age of 14. In employments where machinery was used or the nature of the occupation such as to endanger the health or morals of the worker, the employment of children under 16 was forbidden. No child under 16 should work more than 48 hours in 1 week, nor more than 8 hours in 1 day, or before 7 o'clock in the morning or after 6 o'clock in the evening or more than 6 days a week. Any child under 14 employed must have a certificate stating date of birth and number of years of school attendance and certifying that he can read and write simple English sentences. Any illiterate minor over 14 years of age and under 16 is required to attend an evening or continuation school, and shall furnish such record of attendance for his employer.

The 1912 session of the Maryland Legislature enacted these labor laws:

An act to facilitate the insurance of employes against the consequences of accidents resulting in personal injury or death, such insurance to be effected in some casualty company. Compensation regardless of negligence. Special contracts do not relieve the employer from liability for accident due to his failure to supply safeguards required.

The Child Labor act fixing the working age at 14 for factories, mills, restaurants, bakeries, laundries, etc.; at 12 in canning or packing or mercantile establishments, and 16 for dangerous employment. Work certificates must be obtained from the Chief of the Maryland Bureau of Statistics and Information or County Superintendent of Schools. The child over 14 and under 16 employed must be able to read and write.

The Occupational Diseases act provides that physicians report diseases resulting from lead, phosphorus, arsenic, mercury, and other poisonous compounds, or diseases resulting from compressed air or arising from the nature of the patient's employment. Failure to send report may be fined.

Labor secured from the Louisiana Legislature of 1912, the following measures:

House Bill No. 15, provides for a semi-monthly pay-day for all public service corporations.

House Bill No. 45, requires traction lines throughout the State to provide seats for motormen and conductors.

House Bill No. 267, established an eight-hour day for stationary firemen. The regulation applies to plants operating for twenty-four hours.

House Bill No. 105, Forma Pauperis act, allows a poor man to go to court and secure justice with

out cost.

A Wages act, House Bill No. 460, requires immediate payment of discharged laborers.

Employers' Liability law, Senate Bill No. 152, secures compensation to workmen employed by public service corporations.

The Senate Bill No. 60, amended the Child Labor act to permit children to perform on the stage.

A special commission was created to consider common law defenses, fellow servant, assumed risk and contributory negligence, and to investigate workmens' compensation. The commission is to report to the 1914 session.

The Commissioner of Agriculture, Labor and Statistics reported that the following laws were passed by the Kentucky General Assembly, 1912:

The factory inspection law was amended to provide for two women labor inspectors and to enlarge the powers of the present male labor inspectors. Under the present law laundries, stores, mercantile and manufacturing establishments, hotels, restaurants, telegraph and telephone exchanges, etc., are to be visited and inspected, and records made of people employed, wages paid, etc.

An act provided for the ten-hour day and sixtyhour week for women. Provided further for seats for unoccupied female laborers, one for every three females employed; for proper wash-rooms and closets for both men and women, and for complete separation of same for males and females, and for dressing rooms for women, etc.

During 1911 the following laws were passed by the California State Legislature:

The railroad employes' regulations provide that full crews must be carried on all trains and that railway employes shall not remain on duty for a longer period than sixteen consecutive hours. The Railway Commission shall investigate the causes of all accidents resulting in the loss of life or injury to persons or property occurring on any railway within the State. Transportation companies are required to give immediate notice to the commission of every accident occurring.

The Governor was authorized to appoint and remove the Commissioner of the Bureau of Labor Statistics at his pleasure.

The electrical workers' legislation protects these workers and renders their work as safe as possible by standardizing all new constructions and repair

work.

The lien law changed the policy of the old law so that mechanics, contractors, and material men are given direct lien on the property. This law will