HEORY AND Policy 
 
 Iabour Protection 
 
 D^A.birllAt i Li. 
 
 u Mii m iii I innTrmmniriTi-niinnniTTrTi-^rMTT-in ^ Vff' •■^•■'■^"■" '
 
 UNIVERSITY OF CALIFORNIA 
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 y 
 
 THE THEORY AND POLICY 
 
 LABOUR PROTECTION
 
 THE 
 
 THEORY AND POLICY 
 
 OF 
 
 LABOUR PROTECTION 
 
 Dr. a. SCHAFFLE 
 
 Edited by 
 
 A. C. MORANT 
 
 Translator of ScJuiJJle's Impossiimlitv of Social Democracy, Leroy-BcauUcus 
 The Modern State, Laveleye's Luxury, etc. 
 
 
 ILontion 
 
 SWAN SONNENSCHEIN 6c CO 
 
 New York: CHARLES SCRIBNER'S SONS 
 
 1893
 
 Butler & Tanner, 
 
 The Selwood Printing Works, 
 
 Fkome, and London.
 
 5 H^^ 
 
 ^ 
 
 , PREFACE. 
 
 "^ In this Look Dr. Schaffle seeks to carry out still further 
 the idea which he developed in his last book [llie Ivi- 
 ])0ssibiliti/ of Social Donocracy) of the essential diiTer- 
 ence between a socialistic policy and what he calls a 
 Positive Social Policy, proceeding constriictively upon the 
 basis of the existing social order. He emphatically vindi- 
 cates the Emperor William's policy, as shown in the 
 convening of the Berlin Labour Conference, from the 
 
 (VI charge of being revolutionary, or of playing into the 
 
 fn hands of the Socialists. 
 
 The first part contains an attempt to settle and render 
 ^A*^ more precise the use of terms in labour-legislation, as well 
 as to classify the different aims and purposes with which 
 it sets out, and then passes on to what will probably be 
 to English readers the most interesting part of the book 
 — a discussion of the Maximum Working Day in general, 
 and the Eight Hours Day in particular. Here the author 
 commits himself in favour of a legal ten or eleven hours 
 day for industrial work, with special provisions for speci- 
 ally dangerous or exhausting trades, and with freedom of 
 contract below that limit, and brings evidence to show 
 that such a step has already been justified by experience. 
 But after a careful discussion of what it involves, and 
 
 ^i;:, after disentangling with some care the difficulties with 
 which it is surrounded, he pronounces emphatically against 
 the universal compulsory Eight Hours Day, which he re- 
 gards as not practicable for, at any rate, a very long time 
 to come. 
 
 On the vexed question of the labour of married women. 
 Dr. Schaftle is less explicit, and seems somewhat to halt 
 between two opinions. He will not commit himself to 
 the desirability of an absolute prohibition of it, but it 
 seems clear that his sympathies lean that way. 
 
 The discussion of the Social Democratic proposals in 
 the German Reichstag, known as the Auer Motion, is very 
 careful and appreciative, but Dr. Schaffle takes care to 
 disentangle the really Socialistic element in them, and 
 will only support the introduction of Labour Boards and 
 
 202963
 
 VI PREFACE. 
 
 Labour Chambers as consultative bodies, not as holding 
 any power of control over the Inspectorate. He is willing 
 to allow to the working classes full vent for their griev- 
 ances, but dreads to see them entrusted with the actual 
 power of remedying them. 
 
 His plea for more international exchange of opinions 
 and international uniformity of practice is one which 
 must be echoed by all who have the cause of Labour at 
 heart. To that larger sense of brotherhood which ex- 
 tends beyond the bounds of country we must look for the 
 accomplishment of the Social Revolution Avhich is surely 
 on the way. On a task so large, and involving such far- 
 reaching issues to the progress of the world, the nations 
 must take hands and step together if the results are to be 
 of permanent value. The paralyzing dread of war, the 
 competition of foreign workmen, the familiar Capitalist 
 weapon that " trade will leave the country " if the 
 workers' claims are conceded— all these dangers in the 
 way can only be met by the drawing closer of interna- 
 tional bonds, by the intercommunication of those in all 
 countries who are fired by the new ideals, and are making 
 towards an ordered Social peace out of the chaos of con- 
 flicting and competing energies and interests in which 
 we live. 
 
 It cannot but be well to be reminded, as Dr. Schilflfle 
 reminds us, of the strong expression of opinion uttered by 
 the Berlin International Labour Conference as to the 
 beneficial results which might bo looked for from a series 
 of such gatherings, or to ask ourselves, why should not 
 England be the next to convene a Labour Conference to 
 gather up the experiences of the last few years, which 
 have been so full of movement and agitation in the 
 Labour world, as well as to give to other nations the 
 benefit of the earnest and strenuous investigations, now 
 nearly drawing to a close, of our own lloyal Commission 
 on Ijabnur ? 
 
 At the request of Dr. Schilfilc, the von Borlopsch Bill, 
 which has been brought in by the (Terman Ciovornment 
 in order to carry out the recommendations of the Berlin 
 Conference, has been in.sortod as an Appendix at the end 
 of the English edition. 
 
 A. C. MORANT.
 
 CONTENTS. 
 
 BOOK 1. 
 
 PAGE 
 
 Introductory 1 
 
 CHAPTER 
 
 I. Definition of Labour Protection ... 7 
 II. Classification of Industrial Wage-Labour 
 for Purposes of Protective Legislation. — 
 Definition of Factory Labour . . .23 
 in. Survey op the Existing Conditions of Labour 
 
 Protection 45 
 
 IV. Maximum Working-Day £3 
 
 BOOK IL 
 
 V. Protection of Intervals of Work. — Daily 
 
 Intervals. — Night Rest and Holidays . 'IH 
 VI. Enactments Prohibiting Certain Kinds of 
 
 Work 126 
 
 VII. Exceptions to Protective Legislation . . 140 
 VIII. Protection in Occupation. — Protection of 
 
 Truck and Contract 146 
 
 IX. Belation of the Various Branches of Labour 
 
 Protection to each other .... 161
 
 Vlll CONTENTS. 
 
 CHAPTER PIGB 
 
 X. Transactions of the Berlin Labour Confer- 
 ence, DEALING ■WITH MATTERS BEYOND THE 
 
 Range of Labour Protection. — Dale's 
 Depositions on Courts of Arbitration, and 
 THE Sliding Scale of Wages in Mining . 164 
 XI. The "Labour Boards" and "Labour Cham- 
 bers" OF Social Democracy . . . 171 
 XII. Further Development of Protective Organi- 
 sation . . . . . . . . 187 
 
 XIII. International Labour Protection , . . 196 
 
 XIV. The Aim and Justification of Labour Protec- 
 
 tion 205 
 
 Appendix — 
 
 I. Industrial Code Amendment Bill (Germany) 211
 
 THEORY AND POLICY OF 
 LABOUR PROTECTION. 
 
 BOOK L 
 
 INTRODUCTORY. 
 
 In past years German Social Policy was directed 
 chiefly to Labour Insurance, in which much entirely 
 new work had to be done, and has already been done 
 on a lai'ge scale; but in the year 1890 it entered upon 
 the work of Labour Protection, which was begun long 
 ago in the Industrial Code, and this work must still 
 be carried on further and more generally on the same 
 lines. 
 
 This result is due to the fact that the Emperor 
 William II. has inscribed upon his banner this hitherto 
 neglected portion of social legislation (which, how- 
 ever, has long been favoured by the Reichstag and 
 especially by the Centre), has placed it on the orders 
 of the day among national and international ques- 
 tions, and has launched it into the stream of European 
 progress with new force and a higher aim. 
 
 B
 
 2 THEORY AXD POLICY OF LABOUR PROTECTION. 
 
 The subject is one of the greatest interest iu more 
 than one respect. 
 
 It was to all appearance the cause of the retirement 
 of Prince Bismark into private life. Some day, per- 
 hapSj the historian, in seeking an explanation of this 
 important event in the world's history, will inquire of 
 the political economist and social politician, whether 
 Labour Protection, as conceived by the Emperor — 
 especially as compared to Labour Insurance — were 
 after all so bold a venture, so new a path, so daring 
 a leap in the dark as to necessitate the retirement of 
 that great statesman. I am inclined to answer in the 
 negative, and to assume that the conversion of Social 
 Policy to Labour Protection was the outward pre- 
 text rather than the real motive of the unexpected 
 abdication of Prince Bismark of his leading position 
 in the State. The collective result of my inquiry must 
 speak for itself on this point. 
 
 The turn which Social Policy has thus taken in 
 the direction of Labour Protection, raises the question 
 among scientific observers whether it is true that the 
 science of statecraft has thus launched forth upon a 
 path of dangerous adventure and rash experimentation, 
 and grappled with a problem, compared with which 
 Prince Bismark^s scheme of Labour Insurance sinks 
 into insignificance. Party-spirit, which loves to belittle 
 real excellence, at present lends itself to the view 
 which would minimise the significance of Labour In- 
 surance as compared with Labour Protection. But 
 this is in my opinion a mistake. Though it is im- 
 possible to overestimate the importance for Germany 
 of this task of advancing over the ground already
 
 INTRODUCTORY. 6 
 
 occupied by other nations, and of working towards 
 the introduction of a general scheme of international 
 Labour Protection calculated to ensure international 
 equilibrium of competition, yet in this task Labour 
 Protection is, in fact, only the necessary supplement 
 to Labour Insurance. Both ai^e of the highest impor- 
 tance. But neither the one nor the other gives any 
 ground for the charge that we are playing with the 
 fires of social revolution. The end which the Emperor 
 William sought to attain at the Berlin Conference, in 
 March, 1890, and by the Industrial Code Amendment 
 Bill of the Minister of Commerce, von Bevlepsch, is 
 one that has already been separately attained more or 
 less completely in England, Austria and Switzerland. 
 It is in the main merely a question of extending the 
 scope of results already attained in such counti'ies, 
 while what there is of new in his scheme does not by 
 any means constitute the beginning of a social revo- 
 lution from above. The policy of the Imperial Decree 
 of February 4th, 1890, and of the Bill of von 
 Bevlepsch, in no wise pledges its authors to the 
 Radicals. A calm consideration of facts will prove 
 incontestably the correctness of this view. 
 
 However, it is not any politico-economic reasons 
 there may have been for the retirement of Prince Bis- 
 mark, nor the very common habit of depreciating the 
 value of Labour Insurance, nor yet the popular theory, 
 false as I believe it to be, that the Emperor's policy of 
 Labour Protection is of a revolutionary character, 
 which leads me to take up once again this well-worn 
 theme. 
 
 If the " Theory and Policy of Labour Protection "
 
 4 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 "were by this time full aud complete, I would willingly 
 lay it aside in order to take into consideration the 
 significance of Bismark^s retirement from the point of 
 view of social science, or to attempt to reassure public 
 opinion as to the conservative character of the impend- 
 ing measures. of Labour Protection. But this is not 
 the case. 
 
 It is true we have before us an almost overwhelm- 
 ing mass of material in the way of protocols, reports 
 of commissions, judicial decisions, resolutions and 
 counter-resolutions, proposals, petitions and motions, 
 speeches and writings, pamphlets and books. But we 
 are still far from having, as the result of a clear and 
 comprehensive survey of the whole of this material, a 
 complete theory of Labour Protection ; for the political 
 problems of Labour Protection, especially those touch- 
 ing the so-called Maximum Woi-king Day and the 
 organisation of protection, are more hotly disputed 
 than ever. In spite of the valuable and careful 
 articles on Labour Protection, in the Encyclopcedia of 
 von Schouberg and of Conrad, with their wealth of 
 literary illustration, in spite of the latest writings of 
 Hitze/ which, for modei'atiou and clearness, vigour of" 
 thought, and wealth of material, cannot be too highly 
 commended, there still remains much scientific work 
 to be done. I myself have actually undertaken a 
 thorough examination of all this literary and legis- 
 lative material, in view of the national and inter- 
 national efforts of to-day towards the progressive 
 development of Labour Protection, with the result 
 
 ' Fyotection for the Labourer ! Cologue, 1890.
 
 INTEODUCTORY. 5 
 
 that I am firmly convinced that both Theory and 
 Policy of Labour Protection are still deficient at several 
 points, and in fact that we are far from having placed 
 on a scientific footing the dogmatic basis of the vs^hole 
 matter. 
 
 We have not yet a sufficiently exact definition of the 
 meaning of Labour Protection, nor a clear distinction 
 between Labour Protection and the other forms of 
 State-aids to Labour, as well as of other aids outside 
 the action of the State. 
 
 We have not a satisfactory classification of the 
 difierent forms of Labour Protection itself with refer- 
 ence to its aim and scope, organisation and methods. 
 
 We still lack — and it was seriously lacking at the 
 Labour Conference at Berlin — a fundamental agree- 
 ment as to the grounds on which Labour Protection 
 is justified, its relation to freedom of contract, and the 
 advisability of extending it to adults. 
 
 The discussion is far from being complete, not only 
 with reference to the real problems of Labour Protec- 
 tion, but also and especially with reference to the 
 organs, methods and course of its administration. 
 Many proposals lie before us, some of which are open 
 to objection and some even highly questionable. 
 
 But we find scarcely any who advocate the simplifi- 
 cation and cheapening of this organisation in connec- 
 tion with the systematised collective organisation of 
 all matters pertaining to labour, together with the 
 separation, as far as possible, of such organisation 
 from the regular administrative organs. 
 
 The proposals of Social Democracy with respect to 
 '* Labour-boards " and " Labour-chambers," are hardly
 
 6 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 known iu wider circles, and have nowhere received the 
 attention to which in my opinion they are entitled. 
 
 The proposed legislation for the protection of labour 
 offers therefore a wide field for careful and scientific 
 investigation. I have prepared the following pages 
 as a contribution to this task.
 
 CHAPTER I. 
 
 DEFINITION OF LABOUR PROTECTION. 
 
 The meaning of the term Labour Protection admits of 
 an extension far beyond the narrow and precise limits 
 which prevailing usage has assigned to it, and beyond 
 the sphere of analogous questions actually dealt with 
 by protective legislation. 
 
 In its most general meaning the term comprises all 
 conceivable protection of every kind of labour : pro- 
 tection of all labour — even for the self-supporting, 
 independent worker ; protection in service-relations, 
 and beyond this, protection against all dangers and 
 disadvantages arising from the economic weakness of 
 the position of the wage- labourer ; protection of all, 
 not merely of industrial wage-labourers ; protection not 
 by the State alone, but also by non-political organs; 
 the ancient common protection exercised through the 
 ordinary course of justice and towards all citizens, and 
 thus towards labourers among the rest. All this so 
 far as the actual word is concerned may be included 
 in the term Labour Protection. 
 
 But to use it in this sense would be to incur the 
 risk of falling into a hopeless confusion as to the 
 questions which lie within the scope of actual Labour
 
 8 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 Protection, and of running an endless tilt against 
 fanciful exaoforerations of Labour Protection. 
 
 DO 
 
 The term Labour Protection, according to prevail- 
 ing usage and according to the aim of the practical 
 efforts now being made to realise it, has a much 
 narrower meaning, and this it is which we must strictly 
 define and adhere to if we wish to avoid error and 
 misconception. Our first task shall be to determine 
 this stricter definition; and here we find ourselves 
 confronted by a series of limitations. 
 
 (1) Labour Protection signifies only protection 
 against the special dangers arising out of service-re- 
 lations, out of the personal and economic dependence 
 of the wage-labourer on the employer. 
 
 Labour Protection does not apply therefore to in- 
 dependent workers : to farmers or masters of handi- 
 crafts, to independent workei's in the fine arts and 
 liberal professions. Labour Protection applies merely 
 to wage -labourers. 
 
 For this reason Labour Protection has no connec- 
 tion with any aids to labour, beyond the limits of 
 protection against the employer in service-relations ; 
 it has nothing to do with any attempts to ward off and 
 remedy distress of all kinds, and otherwise to provide 
 for the general welfare of the working classes; its 
 scope does not extend to provisions for meeting dis- 
 tress caused by incapacity for work, or want of work, 
 i.e. Labour Insurance, nor to the prevention and settle- 
 ment of strikes, nor to improved methods of labour- 
 intelligence, nor to precautions against disturbances 
 of production or protection against the consequences
 
 DEFINITION OF LABOUB PROTECTION. 9 
 
 of poverty by various methods of public and private 
 charity, savings-banks, public health-regulations, in- 
 spection of food, and suppression of usury by com- 
 mon law. Although these are mainly or principally 
 concerned with labourers, and are attempts to protect 
 them from want, yet they are not to be included in 
 Labour Protection in its strict sense. For this, as we 
 have seen, includes only those measures and regula- 
 tions designed to protect the wage-labourer in his 
 special relations of dependence on his employer. 
 
 And indeed we must draw the limit still closer, and 
 apply the word only to the relations between certain 
 defined wage-earners and certain defined employers. 
 Measures which are designed to protect the entire 
 labouring class or the whole of industry, do not, 
 strictly speaking, belong to the category of Labour 
 Protection. Neither can we apply the term to that 
 protection which workmen and employers alike should 
 find against the recent abnormal development of prison 
 competition, although by recommending this measure 
 in their latest Industrial Rescript (the Auer Motion^) 
 the Social Democrats by a skilful move have won the 
 applause of small employers especially. For the same 
 reason we do not include protection by criminal law 
 against the coercion of non- strikers by strikers, exer- 
 cised through personal violence, intimidation or abuse; 
 these are measures to preserve freedom of contract, 
 
 ^ A motion brought forward in the German Eeichstag in 
 July, 1885, and again in 1890 in the form of an amendment 
 to the Industrial Code, by all the Social Democratic members 
 sitting there; called after Auer, whose name stands alpha- 
 betically first on the list of backers. — Ed.
 
 10 THEOET AND POLICY OF LABOUR PROTECTION. 
 
 but they have no connection with the relations of cer- 
 tain defined wage-earners to certain defined employers. 
 Furthermore, Labour Protection does not include 
 preservation of the rights of unions, and of freedom 
 to combine for the purpose of raising wages, except 
 or only in so far as particular employers, singly or in 
 concert, by means of moral pressure or otherwise, 
 seek to endanger the rights of particular wage- 
 earners in this respect. It is almost unnecessary to 
 add that Labour Protection does not include the 
 *' protection of national labour " against foreign 
 labourers and employers, by means of protective 
 duties, for this is obviously not protection against 
 dangers arising from the service relations between cer- 
 tain defined wage-earners and employers. 
 
 But although none of these measures of security 
 that we have enumerated are to be included in Labour 
 Protection, we must on the other hand guard against 
 mistaken limitations of the term. It would be a 
 mistaken limitation to include only security against 
 material economic dangers in and arisiug from the 
 relations of dependence, and to exclude moral and 
 personal safeguards in these relations — protection of 
 learning and instruction, of education, morality aud re- 
 ligion, in a word the complete protection of family life. 
 
 Labour Protection does not indeed include the 
 whole moral and personal security of the wage- 
 earner, but it does include it, and includes it fully and 
 entirely, in so far as the dangers which threaten this 
 security arise out of the condition of dejjendimce of the 
 irorker either within or beyond the limits of his 
 business. The whole scope of Labour Protection
 
 DEFINITION OF LABOUR PROTECTION. 11 
 
 •embraces all claims for security against inhumane 
 treatment in service - relations, treatment of the 
 labourer " as a common tool," in the words of Pope 
 Leo XIII. 
 
 (2) Labour Protection does not include the free 
 self-help of the worker, nor free mutual help, but only 
 a part (cf. 3) of the protection afforded to wage- 
 earners by the State, if necessary in co-operation with 
 voluntary effort. 
 
 Labour Protection in its modern form is only the 
 outcome of a very old and on the whole far more im- 
 portant kind of Labour Protection, in the widest sense 
 of the term, which far from abolishing the old forms 
 of self-help and mutual help, actually presupposes 
 them, strengthens, ensures and supplements them 
 wherever the more recent developments of national 
 industry render this necessary. Labour Protection, 
 properly so called, only steps in when self-help and 
 mutual help, supplemented by ordinary State protec- 
 tion, fail to meet the exigencies of the situation, 
 whether momentarily and on account of special cir- 
 cumstances, or by the necessities of the case. 
 
 This second far-reaching limitation of the meaning 
 needs a little further explanation. 
 
 Labour Protection in its more extended sense al- 
 ways meant and must still mean, first and foremost, 
 self-help of the workers themselves ; in part, indi- 
 vidual self-help to guard against the dangers of ser- 
 vice, in part, united self-help by means of the class 
 organisation of trades-unions. 
 
 Side by side with this self-help there has long 
 existed a comprehensive system of free mutual help.
 
 12 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 This assumes the form of family protection exercised 
 by relations and guardians against harsh employers, 
 and by the father, brother, etc., in their relation of 
 employers in family industries ; also the somewhat 
 similar form of patriarchal protection extended by the 
 employer to his workpeople. 
 
 Furthermore it includes that protection aiforded by 
 the pressure of religion, the common conscience or 
 public opinion upon the consciences of employers, 
 acting partly through the organs of the press, clubs, 
 and other vehicles of expression, as well as through 
 non-political public institutions, and corporate bodies 
 of various kinds, especially and moi'e directly 
 through the Church, and also indirectly through the 
 schools. 
 
 Without family and patriarchal protection, without 
 the protection afforded by civil morality and religious 
 sentiment. Labour Protection, in its strict sense, work- 
 ing through the State alone, would be able to effect 
 little. 
 
 Family and patriarchal protection outweigh there- 
 fore in importance all more modern forms of Labour 
 Protection, and will always continue to be the most 
 eflficacious. The protection of the Church has always 
 been powerful from the earliest times. 
 
 Self-help and mutual help, moral and religious, 
 effect much that State-protection could not in general 
 effect, and therefore it is not to be supposed that 
 they could be dispensed with. But they must not bo 
 included in Labour Protection, strictly so called, for 
 this OTily includes protection of labour by the State, 
 and indeed only a part oven of this (cf. 3).
 
 DEFINITION OF LABOUR PROTECTION. 13 
 
 (3) For instance, Labour Protection does not in- 
 clude all judicial and administrative protection 
 extended by tbe State to the wage-labourer, but only 
 such special or extraordinai'y protection as is directed 
 against the dangers arising from service relations, 
 and is administered through special, extraordinary 
 organs, judicial, legislative and representative. This 
 special protection has become necessary through the 
 development of the factory system with its merciless 
 exploitation of wage-labour, and through the weaken- 
 ing of the patriarchal relations in workshops and in 
 handicrafts. In this respect Labour Protection is 
 the special modern development of the protection of 
 labour by the State. 
 
 Labourers and employers alike are guaranteed an 
 extensive protection of life, health, morality, freedom, 
 education, culture, and so on, by the ordinary pro- 
 tective agencies of justice and of police, exercised 
 impartially towards all citizens, and claimed by all 
 as their right. Long before there was any talk of 
 Labour Protection, in the modern sense of the term, 
 this kind of protection existed for wage-labour as 
 against employers. But in the strict sense of the 
 term Labour Protection includes only the special 
 protection which extends beyond this ordinary sphere, 
 the special exercise of State activity on behalf of 
 labourers. 
 
 Even where this extraordinary or special Labour 
 Protection is exercised by the regular administrative 
 and judicial authorities, it still takes the form of 
 special regulations of private law, punitive and ad- 
 ministrative, directed exclusively or mainly to the
 
 14 THEOEY AND POLICY OF LABOUR PEOTECTION. 
 
 protection of labourers in their service-relations. Ta 
 this extent, at any rate, it has a special and extra- 
 ordinary character. Very frequently, as for instance 
 in the German Industrial Code, such protection is 
 placed in the hands of the ordinary administrative 
 and judicial authorities, and a portion of it will con- 
 tinue to be so placed for some time to come. 
 
 But the administration of Labour Protection, pro- 
 perly so called, is tending steadily to shift its centre 
 of gravity more and more towards special extra- 
 ordinary organs. These organs are partly executive 
 (hitherto State-regulated factory inspection and in- 
 dustrial courts of arbitration), but they are also 
 partly representative ; the latter may be appointed 
 exclusively for this purpose, or they may also be 
 utilized for other branches of work in the interests of 
 the labourer and for the encouragement of national 
 industry, and they bear in their organisation, or at 
 least to some extent in their action, the character of 
 public institutions. 
 
 (4) Labour Protection is essentially protection of 
 industrial wage-labour, and excludes on the one hand 
 the protection of agricultural workers and those 
 engaged in forestry, as well as o£ domestic servants, 
 and on the other band, the protection of State oflficials 
 and public servants. 
 
 It may no doubt be that special protection is 
 also needed for non-industrial wage-labour and for 
 domestic servants, but the material legal basis, the 
 organisation and methods of procedure, of those 
 further branches of Labour Protection, will demand a 
 special constitution of their own. The regulations of
 
 DEFINITION OF LABOUR PROTECTION. 15 
 
 domestic service and the Acts relating to State-service 
 in Germany constitute indeed a kind of Labour Pro- 
 tection, certainly very incomplete, and quite distinct 
 from the rest of Labour Protection, properly so-called. 
 Even if the progress of the Social Democratic move- 
 ment in this country were to bring on to the platform 
 of practical politics the measure already demanded by 
 the Social Democrats for the protection of agricultural 
 industry ^ on a large scale, even then protection of 
 those engaged in agriculture and forestry would need 
 to receive a special constitution, as regards the courts 
 through which it would be administered, the dangers 
 against which it would be directed, and its methods 
 and course of administration. Whilst therefore we 
 readily recognise that both protection of domestic 
 servants and a far-reaching measure of agricultural 
 Labour Protection, in the strict sense of the term, 
 may eventually supervene, we yet maintain that this 
 must be sharply distinguished for purposes of scien- 
 tific, legislative, and administrative treatment from 
 what we at present understand by Labour Protection. 
 Moreover, even now agricultural labour is not 
 entirely lacking in special protection. The regulations 
 for domestic service contain fragments of protection 
 of contract and truck protection. Russia has passed 
 a law for the protection of agricultural labour (June 
 12, 1886) in Finland and the so-called western pro- 
 vinces, which regulates the peculiar system of indi- 
 vidual and plural^ agreements between small holders 
 
 ^ For regulating the use of macliinery iii agriculture. (See 
 the Auer Motion.) 
 
 ' The artell system, under which groups of labourers with
 
 16 THEORY AND POLICY OP LABOUR PROTECTION. 
 
 and their dependents^ and is also designed to afford 
 protection of contract to the employer. 
 
 (5) The industrial wage-labour dealt with by the 
 Industrial Code, and the industrial wage-labour dealt 
 with by State Protection^ are not entirely identical, 
 though nearly so. 
 
 For on the one hand there are wage-labourers 
 employed in occupations not included in industrial 
 labour in the sense of the Code, who yet stand 
 in need of special protection from the State; while 
 on the other hand there are bodies of industrial 
 labourers dealt with in the Code, who do not need 
 or who practically cannot have this extraordinary 
 protective intervention of the State, being already 
 supplied with the various agencies of free self-help, 
 family insurance, and mutual aid. 
 
 When we are concerned with Labour Protection 
 therefore, both in theory and practice, it is evident 
 that we have to deal with industrial wage-labour in 
 a limited sense, not in the general sense in which 
 the term occurs in the Industrial Code, while at the 
 same time we must not fail to recognise that even 
 the older Industrial Acts, in so fiir as they referred 
 to wiigc-labour, were already Labour-protective Acts 
 of a kind. 
 
 Tlie limits of wage-labour as affected by the In- 
 dustrial Code, and of wage-labour as affected by 
 State protection, have this in common, that both 
 extend far beyond wage-service in manufacturing 
 
 a cliosen leader contract themselves to the various employers 
 in turn, for the performance of special agricultural and other 
 operations.
 
 DEFINITION OF LABOUR PROTECTION. 17 
 
 business (industry, in its strict sense). For this 
 reason we must examine into this point a little more 
 closely in order to determine the exact scope of 
 Labour Protection. 
 
 In our present Industrial Code the terms '' industrial 
 labour" and "industrial establishments'' are almost 
 uniformly used in the sense given to them by the 
 German Industrial Code of 1869. Industrial labour 
 is wage-labour in all those occupations within the 
 jurisdiction of the Code. 
 
 But the Code gives no positive leg.al definition of 
 the word "industry.'' Both in administrative and 
 judicial reference the word is used loosely as in 
 common parlance, and the Code only particularises 
 certain industries out of those with which it deals as 
 requiring special regulations and special organs for 
 the administration of these special regulations. 
 
 According to administrative and judicial usage in 
 Germany, corresponding to customary usage, the word 
 "industry" is now applied to all such branches of 
 legitimate private activity as are directed regularly 
 and continuously towards the acquirement of gain, 
 with the following exceptions : agriculture and forestry 
 (market-gardening excepted], cattle-breeding, vine- 
 growing, and the manufacturing of home -raised 
 products of the soil (except in cases where the manu- 
 facturing is the main point and the production of the 
 material only a means towards manufacturing, as iu 
 the case of sugar refineries and brandy distilleries). 
 
 In spite of this last limitation the meaning of the 
 term "industrial labour," as used in the Code, ex- 
 tends far beyond the limits of wage-labour in the 
 
 c
 
 18 THEORY AND POLICY OF LABOUE PROTECTION. 
 
 manufacturing of materials. For tlie provisions of 
 the Imperial Industrial Code for the protection of 
 labour expressly include, either wholly or partially, 
 mining industries, commerce, distribution, and all 
 carrying industries other than by rail and sea. 
 
 But the need of Labour Protection is also felt 
 in certain occupations which are indeed counted 
 as industries in common parlance, but which are 
 expressly excluded from the jurisdiction of the 
 Industrial Code; amongst these are the fisheries, 
 pharmacy, the professions of surgery and medicine, 
 paid teaching in the education of children, the bar 
 and the whole legal profession, agents and conduc- 
 tors of emigration, insurance offices, railroad traffic 
 and traffic by sea, i.e. as affecting the seamen. 
 
 Clearly no exception ought to be taken to the 
 extension of Labour Protection to any single one of 
 these branches of industry, in so far as they are 
 carried on by wage-labourers in need of protection. 
 This ought especially to apply to private commercial 
 industries with reference to Sunday rest, and to public 
 means of traffic, in the widest sense of the term, and 
 to navigation. A fairly comprehensive measure of 
 protection for this last branch of work has already 
 been provided in Germany by the Regulations for 
 Seamen of December 27, 1872. 
 
 Furthermore, the need of protection also exists in 
 callings which do not fall under the head of industries 
 even in the customary use of the term. Taking our 
 definition of industry as an exercise of private activity 
 for purposes of gain, we clearly cannot include in it 
 the employments carried on under the various com-
 
 DEFINITION OF LABOUK PliOTECTION. 19 
 
 munal, provincial and imperial corporate bodies, at 
 least such of them as are not of a purely fiscal nature, 
 but are directed towards the fulfilment of public or 
 communal services, not even such as are worked at a 
 profit. There is clearly, however, a necessity for pi'o- 
 tection in government work, and this has already been 
 recognised (cf. the vuu JJerle^'ScJi Bill, art. G, § 155, 2, 
 Appendix). 
 
 The legislative machinery of Labour Protection is 
 not confined to the Industrial Code. There are two 
 ways of enacting such protection : extra protec- 
 tion going beyond the ordinary Industrial Regula- 
 tions may be enacted by way of amendments or 
 codicils to their ordinary protective clauses, or on 
 the other hand it may be lodged in special laws and 
 enactments, to be worked by specially constituted 
 organs. The latter method has to be followed in 
 the case of municipal or State-controlled means of 
 traffic. In Germany, Labour Protection in mining 
 industries is supplied by the Industrial Code, with 
 special additions however in the form of Mining 
 Acts to designate the scope of the protection and 
 the means through which it works. There are, 
 moreover, also special Acts, such as those which 
 apply to the manufacture of matches. 
 
 All wage - earners, not only those protected by 
 the Industrial Code, but also those protected by 
 special acts and special organs, are included in that 
 industrial wage-labour which comes within the scope 
 of protective legislation. By industrial wage-earners 
 we mean therefore all such wage-earners as need 
 protection in the dependent relations of service,
 
 20 THEOEY AND POLICY OF LABOUE PEOTECTION. 
 
 whether such be enumerated in the Industrial Code 
 or by definition expressly excluded from it. 
 
 This is the conclusion at which the Berlin Conference 
 also finally arrived. The report of the third commis- 
 sion (pp. 77 and seq.) states : " Before concluding its 
 task, the third commission has deemed it advisable 
 to define the strict meaning of certain terms used 
 in the Resolutions adopted, especially the phrase 'in- 
 dustrial establishments'" [etahlissements industriels) . 
 Several definitions were proposed. First the delegate 
 from the Netherlands proposed the following defini- 
 tion : " An industrial establishment is every space, 
 enclosed or otherwise, in which by means of a machine 
 or at least ten workmen, an industry is carried on, 
 having for its object the manufacture, manipulation, 
 decoration, sale or any kind of use or distribution of 
 goods, with the exception of food and drink consumed 
 on the premises.'' 
 
 The proposal of the Italian delegates ran as follows: 
 " Any place shall be called an industrial establishment 
 in which manual work is carried on with the help of 
 one or more machines, whatever be the number of 
 workmen employed. Where no engine of any kind 
 is used, an industrial establishment shall be taken to 
 mean any place where at least ten workmen work per- 
 manently together." 
 
 A French delegate, M. Delahaye, read out the 
 following suggestion, which he proposed in his own 
 name : " An industrial establishment denotes any 
 house, cellar, open, closed, covered or uncovered place 
 in which materials for production are manufactured 
 into articles of merchandise. Moreover, a certain
 
 DEFINITION OF LABOUR PROTECTION. 21 
 
 number (to be agreed on) of workmen must be en- 
 ■gSLged there, who shall work for a certain number (to 
 be agreed on) of days in the year, or a machine must 
 be used." 
 
 The Spanish delegate stated that he would refrain 
 from voting on the question, because he was of 
 opinion that instead of using the term " industrial 
 establishment," it would be better to say "the work 
 of any industries and handicrafts which demand the 
 application of a strength greater than is compatible 
 with the age and physical development of children 
 and young workers." According to his opinion no 
 weight ought to be attached to the consideration 
 whether the work is carried on within or outside 
 of an establishment. After a discussion between the 
 delegates from France, Belgium and Holland, and 
 after receiving from the Luxembourg delegate a short 
 analysis of foreign enactments on this point, the 
 Committee unanimously adopted a proposal made by 
 the delegates from Great Britain, and supported by 
 Belgium, Germany, Hungary, Luxembourg, and Italy. 
 The proposal was as follows : " By 'industi-ial estab- 
 lishments ' shall be understood those which the Law 
 regulating work in the various countries shall desig- 
 nate as such whether by means of definition or enu- 
 meration." 
 
 A consideration of the discussions raised in para- 
 graphs 1 to 5 results in the following definition of 
 Labour Protection : the extraordinary protection ex- 
 tended to those branches of industrial wage-labour 
 which claim, and are recognized as requiring, protec- 
 tion against the dangers arising out of service relations
 
 22 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 with certain employers, such protection being exercised 
 by special applications of common law, punitive and 
 administrative, either through the regular channels or 
 by specially appointed administrative, judicial, and 
 representative organs. 
 
 The Resolutions of the Berlin Conference, and the 
 protective measures submitted to the German Reichs- 
 tag early in the year 1890, have, as we shall find, 
 strictly confined themselves to this essentially limited 
 definition of Labour Protection. 
 
 It appears as though hitherto no clear theoretical 
 definition of the idea of Labour Protection has been 
 forthcoming. But the necessity for drawing a sharp 
 distinction at least between Labour Protection and 
 all other kinds of care for labour is often felt. Von 
 Bojanowski speaks very strongly against vague exten- 
 sions of the meaning : " The matter would become 
 endlessly involved," he says, " if, as has already 
 happened in some cases, we were to extend the idea 
 of protective legislation to include all such enactments 
 (arising out of other possibilities based upon other 
 considerations) as grant aid to workers in any kind 
 of work or in certain branches of work, or such as 
 are based on the rights of labour as such, and are 
 therefore general in their application, or such as seek 
 to further all those united efforts whicli are being 
 made in response to the aspirations of the working 
 population or from humanitarian considerations. This 
 would result either in confounding it with an idea 
 which wo ought always carefully to distinguish from 
 it, an idea unknown in England, that of the so-called 
 ' committee of public safet}'^,' or it would lead to more 
 or less arbitrary experiments."
 
 CHAPTER II. 
 
 CLASSIFICATION OP INDUSTRIAL WAGE-LABOUR FOR PUR- 
 POSES OF PROTECTIVE LEGISLATION. DEFINITION OF 
 
 FACTORY-LABOUR. 
 
 Those forms of industrial wage-labour which are dealt 
 with by protective legislation do not all receive the 
 same measure of protection, nor are they all dealt 
 with according to the same method. This is only 
 to be expected from the constitution of Labour Pro- 
 tection, which is an extraordinary exercise of State 
 interference in cases where it is specially necessary. 
 
 All over the world we find that industrial wage- 
 labour requires protection of various kinds, differing, 
 that is, not only in its nature but in the course and 
 method of its application. On account of these very 
 difiereuces, before we can go a step further in the 
 elucidation of the Theory and Policy of Labour Pro- 
 tection, we must divide industrial wage-labour into 
 classes, according to the kind of protection which 
 is needed, and the manner in which such protection 
 is applied by protective legislation. It will now be 
 our task, therefore, to classify them, and to be sure 
 that we arrive at a clear idea of the various classes 
 into which they fall for the purposes of protective 
 legislation, some of which may not perhaps be readily 
 apparent at first sight.
 
 24 THEORY AND POLICY OF LABOUH PROTECTION. 
 
 The varieties of protection needed by industrial 
 wage-labour arise, partly out of dangers peculiar to 
 the particular occupation in which the wage-labourer 
 is employed, and partly out of the personal character- 
 istics and position of the labourer to be protected ; 
 i.e. they are partly exterior aud partly personal. 
 
 When the protection is against exterior dangers we 
 have to consider sometimes the great diversity of con- 
 ditions in the different occupations and industries, and 
 sometimes the special manner in which workmen may 
 be affected within the limits of a single occupation 
 peculiar to some special branch of industry. When 
 the protection is of the kind which I have called per- 
 sonal, the need for it arises partly out of the special 
 dangers to which the protected individual is liable 
 outside the actual limits of his business, partly out of 
 the special dangers attached to his position iii that 
 business. 
 
 Hence results the following classification of indus- 
 trial wage-labour, according to the kind of protection 
 required : — 
 
 I. Labourers requiring protection against exterior 
 dangers : 
 
 a. According to the kinds of occupation : 
 
 1. Having reference to the different branches of 
 
 industry : 
 Wage-labour in mining, manufacture, trade, 
 traffic and transport, and in service of all 
 kinds. 
 
 2. Having reference to the special dangers of 
 
 employment within any particular branch
 
 CLASSIFICATION OF PEOTECTED LABOTJH. 25 
 
 of industry : dangerous — non-dangerous 
 work. 
 h. According to type of business : 
 
 1. Having reference to the positioner personality 
 
 of the employer : 
 Wage-labour under private employers — wage- 
 labour under government. 
 
 2. Having reference to the choice of the labourers 
 
 by the employer^ and the nature of their 
 
 mutual relations. 
 Factory-labour, 
 Quasi-fixctoiy labour (especially labour in 
 
 workshops of a similar nature to factories) , 
 
 other kinds of workshop labour, 
 Household industries (home-labour), 
 Family labour. 
 II. Labourers requiring protection against personal 
 daugers : 
 
 a. Having reference to the common need of protec- 
 
 tion as men and citizens. 
 
 1. Adult — juvenile workers; 
 
 2. Male — female workers ; 
 
 3. Married — unmarried female workers ; 
 
 4. Apprentices — qualified wage-workers ; 
 
 5. Wage - workers subject to school duties — 
 
 exempt from school duties, 
 
 b. Having reference to the need of protection arising 
 
 out of differences in the position occupied by 
 the wage workers in the business : 
 Skilled labourers (such as professional wage- 
 workers, business managers, overseers and 
 foremen ; or technical wage- workers, me-
 
 26 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 chanics, chemists, draughtsmen, modellers) ; 
 unskilled labourers. 
 
 I. Pkotection against Exterior Dangers. 
 
 A glance at existing legislation on Labour Pro- 
 tection, or even only at the various paragraphs of 
 the von Berlepsch Industrial Code Amendment Bill, 
 clearly shows the definite significance of all these 
 foregoing classes in the codification of protective 
 right. Each one of these classes is treated both 
 generally and specifically in the Labour Acts. 
 
 Mining industries, industrial (manufacturing) work, 
 and wage service in trade, traffic, and transport, do 
 not all receive an equal measure of Labour Protec- 
 tion . 
 
 Differences in the danger of the occupation play a 
 great part in the labour-protective legislation of every 
 country. 
 
 Labour Protection has therefore hitherto been, and 
 will probably for some time continue to be in effect, 
 protection of factory and quasi-factory labour (LB. 2, 
 sujjra), but in all probability it will gradually include 
 protection of household industry also. Even the 
 English Factory and Workshop Acts do not, however, 
 extend protection to wage-labour in family industry. 
 
 Business managers have hitherto received no pro- 
 tection, or a much smaller measure than that extended 
 to common wage-labourers. 
 
 Furthermore, Labour Protection has hitherto been 
 administered through different channels, according as 
 it is applied to professions of a public nature, in which
 
 CLASSIFICATION OF PEOTECTED LABOUR. 27 
 
 discipline is necessary, especially the military pro- 
 fession, or to professions of a non-public nature. 
 
 Lastly, with regard to individual differences of need 
 for labour protection, adult labour has hitherto re- 
 ceived only a restricted measure of protection, whereas 
 the labour of women and children has long been 
 fairly adequately dealt with ; the prohibition of employ- 
 ment of married women in factory-labour still remains 
 an unsolved problem in the domain of Labour Pro- 
 tection question, but it is a measure that has already 
 received powerful support. 
 
 It must of course be understood that Labour 
 Protection is still in process of development. But 
 according to all present appearances, there is no pros- 
 pect, at any rate for some time to come, of its general 
 extension to all classes of industrial wage-labour, for 
 instance that the prohibition of night work will be 
 extended to all adult male labourers, or that Sunday 
 work will be absolutely prohibited in carrying indus- 
 tries and in public houses. We must even do justice 
 to the Auer Motion in the Reichstag, by acknow- 
 ledging that it does not go the length of demanding 
 the universal application of such protection. 
 
 In the existing positive laws, and in the further 
 demands for protection put forward at the present 
 day, mining industries hold the first place, then all 
 kinds of woi-k dangerous to life and health, household 
 industry, the labour of women and young persons, and 
 the labour of married women. The reader will easily 
 understand the reasons for this ; he only requires to 
 establish clearly in his own mind, for each of these 
 classes of industrial wage-labour, the grounds on
 
 28 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 which the claim to such objective and subjective pro- 
 tection is based, and wherein they differ from the 
 cases where free self-help and mutual help suffice, or 
 even the ordinary protection afforded by the State. 
 However, this special inquiry is not necessary here ; 
 the explanation desired will be found in the study 
 of the several applications and modes of operation 
 of Labour Protection dealt with in the following 
 pages. 
 
 But on the other hand it is important that we 
 should now endeavour to form a clear idea of those 
 larger divisions of industrial wage-labour with which 
 a protective code has to deal, in order that we may be 
 sure of our ground in proceeding with our investiga- 
 tions. 
 
 Factory-Labour. 
 
 No small difficulty arises from the question : What 
 is factory-labour ? And yet it is precisely this kind of 
 wage-labour which has received the most comprehen- 
 sive measure of protection, and become the standard 
 by which protection is meted out to all similar kinds 
 of employment. 
 
 The labour-protective laws of various governments 
 have met the difficulty in various ways; but no- 
 where is a positive legal definition given of the 
 Factory. 
 
 In the case of Germany, especially, it is not easy to 
 form a clear idea of the meaning attached to factory 
 labour by the hitherto existing protective laws, and 
 by the von Berlcpsch Industrial Bill. 
 
 We may arrive at a clearer conception of what a
 
 FACTORY-LABOUE. 29 
 
 factory really is in the protective sense of the word, 
 by examining first the essential characteristics of such 
 kinds of employment as are placed by the protective 
 laws on the same (or nearly the same) footing as 
 factory labour, and then observing the peculiarities 
 of such kinds of employments as are legally excluded 
 from factory-labour protection. 
 
 The same characteristics in all those points in which 
 it is affected by protection, will be found in the 
 Factory, but the peculiarities of the other contrasted 
 class will be absent from the Factory. 
 
 In the Imperial Industrial Code, especially in the 
 von Berlepscli Bill, the following four categories of 
 employment are placed on the same footing as the 
 Factory ; in the case of the first three the inclusion 
 is obligatoi'y, in the case of the last it is optional and 
 depends on the pleasure of the Bundesrath (local 
 authority) : 
 
 1. Mines, salt-pits (salines), preparatory work above 
 
 ground, and underground work, in mines and 
 quarries (other than those referred to in the 
 Factory Regulations). 
 
 2. Smeltiug-houses, carpenter's yards, and other 
 
 building-yards, wharves, and such brick-kilns, 
 mines, and quarries as are worked above 
 ground and are not merely temporary and on 
 a small scale. 
 
 3. Those work-shops in which power machinery is 
 
 employed (straw, wind, water, gas, electricity, 
 * etc.) not merely temporarily. 
 
 4. " Other " workshops to which factory protection
 
 30 THEOKT AND POLICY OF LABOUR PROTECTION. 
 
 (except as regards working rules) can be ex- 
 tended under the Imperial decree, at the dis- 
 cretion of the Bundesrath/) 
 
 A common designation is needed which will include 
 all these four categories. 
 
 We might use the word ''workshops" were it not 
 that the employments enumerated in classes 1 and 2 
 cannot precisely be included in " workshops," and 
 were it not that class 4 as it appears in protective 
 legislation denotes "another kind" of workshop dis- 
 tinct from that of class 3. 
 
 In default of a more accurate expression we will 
 use therefore the term " quasi-factory business " as a 
 general designation for those classes of business which 
 are placed by the protective laws on the same, or 
 approximately the same, footing as the Factory. 
 
 Factory protection is not extended to those ''work- 
 shops in which the workers belong exclusively to the 
 family of the employer," therefore not to family-in- 
 dustry in workshops, and still less to family-industry 
 not carried on in workshops, nor to Avork in the 
 dwelling-houses of the employer, or (as is usually the 
 case in household industry) of the worker (orders of 
 all kinds executed at home, household iii(liistf\ ). At 
 least the new § 154 of the Bill does not bring such 
 work into any closer relationship than before with the 
 Factory. 
 
 By contrast and comparison the following character- 
 istics [a to r) will lielp us towards a fuller conception 
 of the sense of the Factory from the point of-view 
 
 ' Bill, An. C, (new § Ihl).
 
 FACTORY-LABOUR. 31 
 
 of protective legislation, as understood by the latest 
 German enactments : 
 
 a. The Factory employs exclusively or mainly those 
 
 who do not belong to the family of the em- 
 ployer, and in any case not merely those wJio do. 
 
 b. The work of a Factoi'y is entirely carried on out- 
 
 side the dwelling of the employer and of the 
 wage-worker. 
 
 c. The work of a Factory is the preparation and 
 
 manufacture of commodities (industrial work, 
 including all kinds of printing), not production 
 or first handling of raw material, as in mining 
 industries. 
 
 d. The woi'k of a Factory is work in which the 
 
 wage-workers are constantly shut up together 
 in buildings or in enclosures, and is not work 
 in open spaces, or which moves from place to 
 place, as in the case of work on wharves, in 
 building yards, etc. 
 
 e. The work of a Factory is carried on by power 
 
 machinery, hence (if this inference a contrario 
 be admissible) not only hand- manufacture, and 
 thus it appears to include what I have calle 1 
 quasi-factory business and have mentioned iu 
 class 3 [supra). 
 
 f. The work of a Factory is continuous, and 
 
 g. Is carried on on a large scale, and with a large 
 
 number of workpeople, hence (/ and g) it may 
 be compared to the quasi-factory business of 
 class 2 [supra) for the purposes of a protective 
 Code.
 
 32 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 h. The woi'k of a Factory is carried on iu work- 
 places provided by the employer, not in the 
 rooms of the workers or of a middleman. 
 
 I. The work of a Factory results in the immediate 
 sale of the commodities produced, and does 
 not consign them to the wholesale dealer 
 to be prepared and dressed, or distributed by 
 wholesale or retail, i.e. the Factory has abso- 
 lute control of the sale of the commodities 
 produced, in contradistinction to household 
 industry. 
 
 Thus the Factory as understood by the German 
 labour-protective laws is commercially independent 
 (characteristic i), industrial (c), carried on on a large 
 scale {g), and continuously (/), in enclosed [d), speci- 
 ally appointed {h) work-rooms provided by the em- 
 ployer (A), with the help of power machinery (e), and 
 by wage-workers not belonging to the family of the 
 employer (a). 
 
 Purely hand-manufacturing wholesale business 
 should also be counted as factory-labour; for the fact 
 that workshop business carried on with the help of 
 power machinery is declared to be on the same foot- 
 ing as factory-labour means only this : that it pre- 
 supposes the same need of protection felt in factories 
 where the business is carried on with tlie help of 
 power machinery, as is the case in most factories ; it 
 does not mean that certain kinds of manufacturing 
 wholesale business carried on witliont power ma- 
 chinery (of which there are very few) should not be 
 counted as factories. We are therefore justified in
 
 FACTORY LABOUR. 33 
 
 <lropping characteristic e of the theoretical conception 
 of the Factory, as understood in Germany. 
 
 Let us now look at the Swiss Factory Regulations. 
 The Confederate Factory Act of March 23, 1877, has 
 given no legal definition of the word " Factory," but 
 ■only of "protected labour." It extends protection 
 to " any industrial institution in which a number of 
 workmen are employed simultaneously and regularly 
 in enclosed rooms outside their own dwellings." 
 According to the interpretation of the Bundesrath 
 {Federal Council) ^'workers outside their dwellings" 
 ■fire those " whose work is cai'ried on in special work- 
 rooms, and not in the dwelling rooms of the family 
 itself, nor exclusively by members of one family." 
 Furthermore, all parts of the Factory in which pre- 
 paratory work is carried on are subject to the Factory 
 Act, as well as all kinds of printing establishments in 
 which more than five workmen are employed. The 
 Swiss Factory Act requires that a Factory shall possess 
 -all those characteristics assigned, to it by German pro- 
 tective law, with the exception, however, of power 
 machinery, and hence it doubtless covers all manu- 
 facturing business in which a number of workmen are 
 employed. 
 
 According to Biitcher,^ iu the practical application 
 of factory- protection in the Confederate States, any 
 industrial establishment is treated as a factory which 
 employs more than twenty-five workers or more than 
 five power-engines, in which poisonous ingredients or 
 ■dangerous tools are used, in which women and young 
 
 ' r'f. Conrad's Encyclopcedia, vol. i. p. 154, 
 
 D
 
 34 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 persons (under eighteeu years) ai-e employed (with 
 the exception of mills employing more than two 
 workers not belonging to the family), and sewing 
 business carried on with the help of three or four 
 machines not exclusively worked by members of the 
 family. 
 
 In Great Britain the Factory and Workshop Acts 
 of March 27, 1878, cov^er all factory labour, and the 
 bulk of workshop business, i.e. all workshops which 
 employ such persons as are protected by the Act — 
 children, young persons, and women. 
 
 This English Act again furnishes no legal definition 
 of the term. " According to the meaning of the term 
 implied in this Act/* says von Bojanowski, " we must 
 understand by a factory any place in which steam, 
 water, or other mechanical power is used to effect an 
 industrial process, or as an aid thereto ; by ' work- 
 shop/ on the other hand, we must understand any 
 place in which a like purpose is effected without the 
 help of such power ; in neither group is any distinc- 
 tion to be drawn between work iu open and in en- 
 closed places." 
 
 Under this Act factories are divided into textile and 
 non-textile factories. " Worlishops are divided into 
 workshops generally, i.e. those in which protected 
 persons of all kinds are employed (children, young 
 persons, and women), with the further subdivisions of 
 specified and non-specified establishments j into work- 
 shops in which only women, but no children or young 
 persons are employed ; and lastly, domestic work- 
 rooms in which a dwelling-room serves as the place 
 of work, in which no motive power is required, and
 
 WORKSHOP LABOUR. 35 
 
 in which members of the family exclusively are em- 
 ployed." 
 
 Domestic work-rooms iu which only women are 
 employed do not come under the Act, nor yet factories, 
 such as those for the breaking of flax, which employ 
 only female labour. Bakeries are included amoug 
 regulated workshops, i.e. workshops inspected under 
 the Factory Acts, even when no women or young 
 persons are employed. The Factory, as understood 
 by the English law, is distinguished by most of the 
 characteristics of the German acceptation of the term, 
 without however admitting of the distinction of class 
 d (business carried on in an enclosed space), whereby 
 protection is also afforded to what we have termed 
 quasi-factory labour (see p. 36) ; but on the other 
 hand a special point is made of the distinction of 
 class e, viz. use of power machinery. Thus the Eng- 
 lish idea in defining the factory is to insist, not upon 
 the number of persons employed, but upon the proviso 
 that they are persons within the scope of the protec- 
 tive laws. 
 
 Workshop Labour. 
 
 In the von Berlepsch Bill this is dealt with side by 
 side with factory labour. It is sometimes placed on 
 the same footing under the various categories of quasi- 
 factory labour (classes 3 and 4), sometimes it lies out- 
 side the limits of factory protection, in cases where 
 the Bundesrath does not exercise his privilege of 
 granting extension of protection, and in cases where 
 the workshop in question is worked entirely by mem- 
 bers of one family.
 
 36 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 It would be tautology to include in the definition 
 of the workshop all the characteristics of the factory 
 named in classes a to /. There may be cases in 
 which the workshop practically includes most of the 
 characteristics of the factory, but it is only necessary 
 that it should include the following : business carried 
 on outside the dwelling-rooms (6) ; preparation and 
 manufacture of commodities (c) ; carried on in en- 
 closed places [d). With the other classes it is not 
 concerned. According to the English Factory Acts 
 protected workshop labour is not necessarily carried 
 on in enclosed places. 
 
 In treating of German workshop labour for the 
 purposes of the von Berlepsch Bill, and for future 
 legislation of the same kind, we have to classify it 
 as follows : 
 
 Workshop labour carried on with the help of 
 power- machinery, but not otherwise answering 
 to the conditions of the factory. 
 
 Workshop labour carried on without power- 
 machinery, by hand or by hand-worked ma- 
 chines. 
 
 Labour in workshops where all three kinds 
 are required, i.e. power-machinery, hand-work, 
 and hand-worked machines {e.g. modern costume- 
 making in which power sewing-machines are 
 employed.) 
 
 The old handicraft labour carried on in special 
 workrooms, either within or outside the dwelling 
 of the worker. 
 
 The characteristic peculiar to the three first divi-
 
 WORKSHOP LABOUR. 37 
 
 sions of workshops, and that which distinguishes 
 them from the factory, although iliey in some respects 
 resemble it, is that they give employment to but a 
 very small number of workmen outside the limits of 
 the family which maintains tliem. 
 
 The British Factory Acts include under the head 
 of workshops those businesses in which, no motive 
 power is used, but in which protected persons (wo- 
 men, children, and young persons) are employed. 
 Workshops of this kind are treated with varying 
 degrees of stringency, according to whether they 
 employ protected persons of all kinds, or only wo- 
 men (no children or young persons), and according 
 to whether they are carried on in domestic work- 
 shops (dwelling-rooms) or otherwise. 
 
 Household [home] Industry and. Family Industry. 
 
 Household industry, called also " home industry " 
 in the Auer Motion is the industrial preparation and 
 manufacture of commodities, not the production of 
 material, nor trading, carrying, or service industry. 
 It has therefore characteristic c (viz. that it ex- 
 cludes the production of raw material and the initial 
 processes in connection therewith) in common with 
 the factory and all workshops, as well as with that 
 part of family industry which, is not included in 
 household industi'y properly so called ; the very term 
 Household Industry, in fact, indicates this. 
 
 The peculiarity of household industry (in the 
 technical sense of the term) is that it is carried out 
 merely at the orders and not under the supervision 
 of the contractor. The Imperial Industrial Code, 
 
 2029G.'5
 
 38 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 more especially tbe von Berlepsch Bill, in extending 
 truck protection to household industry, understands 
 this term to include all industrial workers engaged 
 in the preparation of commodities under the direction 
 of some firm or employer, but not working on the 
 premises of their employers; and these workers may 
 or may not be required to furnish the raw materials 
 and accessories for their work. The home-workers 
 carrying on this kind of preparation of commodities 
 do so as a rule not in special work-rooms, but in 
 their own dwelling- rooms or Ikhiscs, or in little court- 
 yards, sometimes in sheds and outhouses, sometimes 
 even in the open air. For the rest, they may be 
 either a few workers out of a family working on their 
 own account, or a whole family working under the 
 superintendence of one of its members. The most 
 important characteristic of household industry is that 
 it is work undertaken at the orders of a third party, 
 therefore that it has no commercial independence, and 
 takes no part in the sale of its products (characteris- 
 tic i of factory labour) ; and therefore obviously we 
 have no occasion to consider the other characteristics 
 d, e, f, (J, h, in defining household industry. 
 
 A distinction must be drawn between household 
 industry carried on with or without the intervention 
 of middlemen ; for it takes a very different form, 
 according to whether the arrangements between the 
 industrial home-worker on the one side, and the giver 
 of orders and provider of materials on the other, 
 are made with or without the intervention of special 
 agencies for ordeiiug, supervising, collecting, and 
 paying (commission agents, contractors, sweaters).
 
 FAMILY INDUSTRY. 39 
 
 The possible removal — or at least control and regula- 
 tion — of the middleman forms one fundamental prob- 
 lem — hitherto unsolved — of labour protection in the 
 sphere of household industry, and the protection of 
 industrial home-workers against their parents and 
 against each other forms another. 
 
 Faniihj Industry. 
 Family industry to a great extent practically coin- 
 <3ides with household industry, but not necessarily or 
 entirely so ; for family industry — meaning of course 
 the work of preparing and manufacturing commodi- 
 ties — may be the preparation of goods for independent 
 sale, not for sale by a third party in a shop or ware- 
 house, and as a matter of fact this is very largely the 
 case. Family industry sometimes even falls under 
 the head of workshop labour (cf. § 154 of the von 
 Berlepsch Bill). Its distinguishing characteristic is 
 that it employs only workers belonging to the same 
 family, hence the exact reverse of the Factory (see 
 characteristic a). It includes all those industrial 
 pursuits " in which the employer is served only by 
 members of his own family " (Bill, § 154, par. 3) . 
 
 II. — Personal Protection. 
 
 We come now to consider the meaning of the 
 various headings under which personal protection 
 falls. 
 
 Juvenile Wurl-ers. Juvenile workers of both sexes 
 have long been subject to protection, and this kind of 
 protection is gradually spreading all over Europe, and 
 in more and more extended proportions. We must
 
 40 THEOET AND POLICY OF LABOUE PEOTECTION. 
 
 first ascertain what is the exact meaning of the term 
 juvenile workers as used in the labour-protective laws. 
 
 In contrast to juvenile labour stands adult labour, 
 or more accurately adult male labour, since adult 
 women — not of course as adults but as women — are 
 placed more or less on the same footing as juvenile 
 workers in the matter of protective legislation. 
 
 The distinction between adult wage-labour and 
 juvenile wage- labour, and the subdivision of the 
 latter into infant-labour, child-labour, and the labour 
 of " young persons,'^ is not of importance in all de- 
 partments of labour protection, but it is of the utmost 
 importance in i^roteciion of employment, especially in 
 prohibition of employment on the one hand, and re- 
 striction of employment on the other. This prohibi- 
 tion and restriction of juvenile employment does not 
 apply to all industries, but only to certain branches 
 of industry and kinds of work, and to specially dan- 
 gerous occupations. 
 
 In order to determine exactly what is meant by 
 infant-labour, child-labour, and the labour of " young 
 persons,^' we must consider the inferior limit of age 
 below which there is a partial prohibition of employ- 
 ment, and the superior limit of age beyond which 
 labour is treated as adult labour as regards protection, 
 receiving none, or only a very limited measure of it. 
 The inferior limit does not as yet coincide with the 
 beginning of school duties, nor does the superior limit 
 coincide with the attainment of niiijority as recognised 
 by common law. 
 
 "Juvenile labour'^ — i)ermitted but restricted — 
 stands midway between inlaut-labour, altogether pro-
 
 JUVENILE LABOUR. 41 
 
 hibited iu some branches of industry, and adult 
 labour, permitted and unrestricted, or only slightly 
 restricted ; and within the inferior and superior limits 
 of age it is divided into child-labour and labour of 
 " young persons." 
 
 The industrial laws of northern and southern coun- 
 tries differ in the inferior limit of age which they 
 assign to prohibited infant-labour, as distinguished 
 from child-labour permitted but restricted. In Italy 
 this limit has hitherto been fixed at the completion of 
 the ninth year; iu England and Fi-ance (in textile, 
 paper, and glass industries), in Denmark, Spain, 
 Russia, and in most of the industrial States of the 
 North American Union, at the completion of the 
 tenth year ; in Germany hitherto, and in France (in 
 general factory-labour, in workshops, smelting-houses,. 
 and building-yards), in Austria, Sweden, Holland and 
 Belgium (Act of 1889), at the completion of the 
 twelfth year ; in Germany it is fixed for the future at 
 the completion of the thirteenth year, as it soon will 
 be in France also, in all probability — and in Switzer- 
 land at the completion of the fourteenth year. 
 
 The proposal of Switzerland at the Berlin Confer- 
 ence to fix the general inferior limit of age at 14 
 years was not carried. It has hitherto been prevented 
 in Germany by the fact that in Saxony and elsewhere 
 school duties are not exacted to the full extent as late 
 as the age of 14. 
 
 The Berlin Conference voted for fixing the limit at 
 the completion of the twelfth year, while agreeing that 
 the limit of 10 years might be fixed in southern coun- 
 tries in view of the early attainment of maturity in
 
 42 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 hot climates. The limit is fixed hitrher with reo^ard 
 to protection in certain specified dangerous or injur- 
 ious occupations : for boys engaged in coal mines the 
 limit of 14 years was laid down by the resolutions of 
 the Berlin Conference.^ 
 
 The superior limit of age of juvenile labour in 
 factories is fixed at 14 years in southern countries (in 
 those represented at the Berlin Conference); at 16 
 years in German}^^ Austria, and France (in connection 
 with the fixing of the maximum duration of labour) ; 
 and at 18 in Great Britain, Switzerland, and Den- 
 mark, and probably soon in France. With respect 
 to night work and dangerous work, the superior limit 
 (especially for women) is placed still higher (21 years), 
 wherever such work is not entirely prohibited. 
 
 All wage- workers between the inferior and supe- 
 rior limits of age at which employment is permitted, 
 are called, as already stated, "juvenile workers. '^ In 
 many countries a further division of juvenile labour 
 is made, into children and " young persons.^' In 
 Germany, Austria, Sweden, and Denmark — and in 
 future probably in all those countries represented at 
 the Berlin Conference — this division falls at the ajje 
 of 14, and in southern countries at the age of 12 years. 
 " Children," in the meaning attached to the word by 
 
 ' I, la and G, Resolutions of the Berlin Conference : " It 
 is desirable that the inferior limit of age, at which cliildren 
 may be admitted to work underground in mines, be gradually 
 raised to 14 years, as experience ma}' prove the possibility of 
 such a course ; that for southern countries tlie limit may be 
 12 years, and that tlie cm])loyment underground of persons 
 of tin: i'emalc sex be foi-inddcn."
 
 MALE AND FEMALE LABOUR. 43 
 
 labour-pi'otective legislation, are children of 12 to 14 
 years (in Germany in future 13 to 14, in Great Britain 
 hitherto 10 to 14); "young persons^' are juvenile 
 workers from 14 to 16 years, in England of 14 to 18 
 years. In Switzerland juvenile workers are " young 
 persons " o£ 14 to 18 years, as none under the age 
 of 14 are employed at all. 
 
 Male labour and female lahour. Women for the 
 purposes of Labour Protection include all female 
 workers enjoying special or extended protection, not 
 only on account of youth, but also from considerations 
 arising out of their sex and family duties. It is im- 
 portant that we should be clear on this point, in view 
 of the demand now made for careful restriction of 
 the employment of married women in factories, — 
 ■either for the entire duration of married life or until 
 the youngest child has reached the age of 14, — for 
 the entire prohibition of night labour for women, and 
 of the employment of women in certain trades during 
 the periods of lying-in and of pregnancy. 
 
 Just as female labour for our purpose does not 
 mean the labour of all female persons, so male labour 
 does not include all labour of male persons, but only 
 of such male persons as have protection on grounds 
 other than that of youth. Hitherto, male labour has 
 only had practically a negative meaning in protective 
 law, it has been used in the sense of the unprotected 
 labour of adult men. The demand for a maximum 
 working day for all male labourers — at least in fac- 
 tories — and the concession of this demand have given 
 ■a positive signification to the term male labour, as 
 affected by protective legislation.
 
 44 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 In consideriug the careful determiuatiou of the 
 meaning of factory labour, workshop labour, house- 
 hold industry and family labour on the one hand, and 
 child labour and female labour on the other hand^ 
 we cannot be too careful in guarding against undue 
 limitations of the idea of Labour Protection. There 
 are many who still take it to mean merely factory- 
 protection, and indeed only factory - protection of 
 ** young persons.^' 
 
 Labour Protection means something more than 
 protection of industrial labour, in that it also deals 
 with labour in mining and trading industry, and it 
 must be extended still further to meet existing needs 
 for protection. 
 
 Neither is industrial Labour Protection factory 
 protection alone, nor even factory and quasi-factory 
 protection alone, but beyond that it is also workshop 
 protection, and, especially in its latest developments, 
 protection of household industry, and perhaps even 
 more or less of family industry ; industrial home-work 
 especially, from the Erz-Gebirge in Saxony, to the 
 London sweating dens, admits of and actually sufifers 
 from an amount of oppression which calls for special 
 Labour Protection. We call attention to these facts 
 in order to clear away certain still widespread miscon- 
 ceptions before we enter upon the classification of 
 labour with respect to protective legislation. Particu- 
 lars will be given in Chapters IV. to VIII.
 
 CHAPTER III. 
 
 SURVEY OP THE EXISTING CONDITIONS OF LABOUR 
 PROTECTION. 
 
 In the first chapter we learnt to recognise the special 
 character of Labour Protection in the strict sense of 
 the term. We must further learn what is its actual 
 aim and scope. 
 
 Labour Protection strictly so called^ represents pre- 
 sumably the sum total of all those special measures 
 of protection, which exist side by side with free self- 
 help and mutual help, and with the ordinary state 
 protection extended to all citizens, and to labourers 
 among the rest. And such it really proves to be on 
 examination of the present conditions and already 
 observable tendencies of Labour Protection. 
 
 We shall only arrive at a clear and exhaustive 
 theory and policy of Labour Protection both as a 
 whole and in detail by examining separately and col- 
 lectively all the phenomena of Labour Protection. 
 
 This will necessitate in the first place a compre- 
 hensive survey of the existing conditions of Labour 
 Protection, and to this end a regular arrangement of 
 the different forms which it takes. 
 
 In sketching such a survey we have to make a 
 threefold division of the subject; first, the ftcope of 
 
 45
 
 46 THEOET AND POLICY OF LABOUR PROTECTION. 
 
 Labour Protection, in the strict sense of the term ; 
 secondly, the various legislative methods of Labour 
 Protection ; and thirdly, the organisation of Labour 
 Protection (as regards courts of administration, 
 and their methods and course of procedure). In con- 
 sidering the scope of Labour Protection we have to 
 examine the special measures adopted to meet the^ 
 several dangers to which industrial wage-labour i& 
 exposed. 
 
 The following survey shows the actual field of 
 labour protective legislation, as well as the wider 
 extension which it is sought to give thereto. 
 
 I. Scope of Labour Pkotection. 
 A. Protection against material dangfers. 
 
 1. Protection of employment; and this of two kinds,. 
 
 viz. : — 
 (i.) Restriction of employment; 
 (ii.) Prohibition of employment. 
 a. Protection of working-time with regard to the 
 maximum duration of labour: 
 General maximum working-day. 
 Factory maximum working-day (unrestricted 
 in the case of adults — restiicted in the 
 case of ''juvenile workers" and women). 
 h. Protection of intervals of rest : 
 
 Protection of daily intervals — of night- work 
 — of holidays — Sundays and festivals. 
 
 2. Protection during work : 
 
 Against dangers to life, health, and morals, and 
 against neglect of teaching and instruction, 
 incurred in course of work.
 
 CLASSIFICATION OF LABOUR PROTECTION. 47 
 
 3. Protection in personal intercourse : — 
 
 In the personal and industrial relations existing- 
 between the dependent worker and the em- 
 ployer and his people (truck-protection). 
 B. Protection of the status of the workman (protec- 
 tion in the making and fulfilment of agree- 
 ments) which may also be called : 
 Protection of agreement, or contract-protection. 
 
 1. Protection on entering into agreements of 
 
 service, and throughout the duration of the 
 
 contract : 
 Protection in terms of agreement and dismissal, 
 Protection against loss of character. 
 
 2. Regulation of admissible conditions of contract, 
 
 and of legal extensions of contract. 
 o. Protection in the fulfilment of conditions after 
 the completion of service agreements. 
 
 II. Various Legislative Methods op 
 Labour Protection. 
 
 Compulsox-y legal protection — protection by the 
 optional adoption of regulations. 
 
 Regulation under the code — regulation by special 
 enactment. 
 
 III. Organisation of Labour Protection. 
 
 1. Courts by which it is administered : 
 
 A. Protection by the ordinary administrative 
 bodies — 
 Police, 
 Magistrates, 
 
 Church and School authorities. 
 Military and Naval authorities.
 
 48 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 B. Protection by specially constituted bodies, 
 
 1. Governmental: 
 
 a. Administrative : 
 
 Industrial Inspectorates (including' 
 
 mining experts), 
 " Labour-Boards,'^ 
 
 Special organs : local, district, provin- 
 cial, and imperial ; 
 h. Judicial : 
 
 Judicial Courts, 
 Courts of Arbitration. 
 
 2. Representative : (trade-organisations) : 
 
 " Labour- Chambers," 
 
 " Labour Councillors,'' 
 
 Councils composed of the oldest repre- 
 sentatives of the trade. 
 
 Labour-councils : local, disti'ict, provin- 
 cial, and imperial. 
 
 II. Methods of Administkation and Adminis- 
 trative Records. 
 a. Methods : 
 
 Hearing of Special Appeals, 
 Granting periods of exemption, 
 Fixiug of times. 
 Regulating of fines, 
 Application of money collected in fines, 
 etc. 
 h. Records : 
 
 Factory-regulations, 
 Certificates of hcaltli. 
 Factory-list of children employed.
 
 CLASSIFICATION OF LABOUR PROTECTION. 49 
 
 Official overtime list, 
 
 Labour log-book, 
 
 Inspector's report (with compulsory 
 publication and international ex- 
 change), 
 
 International collection of statistics 
 and information relating to pro- 
 tective legislation and industrial 
 regulations. 
 
 The foregoing survey may be held to contain all 
 that is included under Labour Protection, actual or 
 proposed. But of the measures included within these 
 limits not all are as yet in operation ; and the actual 
 conditions are different in the various countries. 
 
 With regard to the scope of protection, those mea- 
 sures affecting married women, home-industrial work, 
 work in trade and carrying industries, are still specially 
 incomplete. 
 
 With regard to the organs of administration of 
 Labour Protection, one kind, viz. the representative, 
 has at present no existence except in the many pro- 
 posals and suggestions made as to them ; this how- 
 ever does not preclude the possibility that in the 
 course of a generation or so a rich crop of such organs 
 may spring up. It is not improbable that special 
 representative bodies ('Mabour-councils '') — after the 
 pattern of chambers of commerce and railway-boards, 
 etc. — and " labour-boards " may develop and form a 
 complete network over the country. Perhaps the 
 separate representative and executive organs may be 
 able to amalgamate the various branches of aids to 
 
 E
 
 50 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 labour, forming separate sections for Labour Protec- 
 tion, Labour Insurance, industrial hygiene and statis- 
 tics, with equal representation of the administrative, 
 judicial, technical and statistical elements; and thus 
 the ordinary administration service may be freed from 
 the burden of the special services which a construc- 
 tive social policy demands. 
 
 Again, the organisation of protection is not by any 
 means the same everywhere. 
 
 According to the foregoing classification (IIL 1), the 
 duties of carrying out Labour Protection are divided 
 between the ordinary and extraordinary judicial and 
 administrative authorities. The arrangements, how- 
 ever, are very different in different countries. Such 
 countries as have not a complete system of authorised 
 administrative boards and petty courts of justice, will 
 avail themselves more freely of the special organs, 
 particularly of the industrial inspectors, than will those 
 countries with administrative systems like those of 
 Germany and Austria; in comparing the spheres of 
 operation of inspectors in various counti'ies, one must 
 not overlook the differences in the action of the 
 ordinary administrative organs. Moreover, all civilized 
 countries already possess special organs of protection, 
 and it follows in the natural course of development of 
 all administrative organisation, that the special ad- 
 ministrative and judicial legislation which is springing 
 up and increasing should possess special judicial and 
 administrative courts, so soon as need for such may 
 arise from the necessity for a wider application of 
 special law in the life of the citizen. 
 
 Finally, we must guard against a further uiiscon-
 
 CLASSIFICATION OF LABOUR PROTECTION. 51 
 
 •ception. Neither labour-boards nor labour-chambers 
 must be confounded with those voluntary representa- 
 tive class organisations, and joint committees in which 
 both classes meet together for Labour Protection, and 
 for objects quite outside the sphere of Labour Protec- 
 tion. The labour-boards indicated would be special 
 organs of a public nature, regulated by the State; 
 labour-chambers would also be organs recognised and 
 regulated by the State, working in consultation with 
 ■the labour-boards, and exercising control over the 
 labour-boards. The voluntary organs of association, 
 on the other hand, with their secretaries and joint 
 committees, are free representative, executive, and 
 arbitrative organs of both classes. A distinction 
 must be drawn between the public and voluntary 
 organs. It is of course not impossible in all cases 
 that the free "labour-chambers/' in their ordinary 
 and special meetings might exercise extraordinary 
 powers, besides acting as regular and general organs 
 of conciliation and arbitration. The Unions and 
 other trade organisations of to-day can in their present 
 form hardly be regarded as the last word in the history 
 of labour organisation. 
 
 In the second chapter we had to guard against 
 the error of looking on Labour Protection merely 
 as factory protection, and protection of women and 
 juvenile workers ; we must with equal insistance draw 
 attention to the fact that Labour Protection is not con- 
 fined in its scope to protection of employment, or in 
 its organisation to the machinery of industrial inspec- 
 tion. This will be shown in Chapters IV. to VIII. 
 
 The foregoing survey of the existing conditions and
 
 52 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 tendencies of Labour Protection makes it clear that 
 Labour Protection in scope^ legislative methods, and 
 organisation, is only a means of supplementing and 
 supporting in a special manner the already long estab- 
 lished forms of State protection of labour (in the 
 widest sense), and the still older forms of non- 
 governmental Labour Protection (in its widest sense), 
 the necessity for which arises from the special modern 
 developments of industry. 
 
 Labour Protection equally with compulsory insur- 
 ance, from which it is however quite distinct^ does not 
 preclude the voluntary efforts which are made in addi- 
 tion to legal measures, nor the help rendered by sav- 
 ings-banks, by private liberality and benevolence, by 
 family help, and by various municipal and state charit- 
 able institutions ; and it does not render unnecessary 
 the exercise of the ordinary administration, and the 
 co-operation of the latter in the work of establishing 
 security of labour. The general impression derived 
 from a study of this survey will be confirmed if we 
 further examine into the scope, legislative methods, 
 and organisation of the separate measures of Labour 
 Protection, in addition to the classification of industrial 
 wage-labour, as dealt with by protective legislation, 
 which I attempted in Chapter IL, and if we bear in 
 mind the great differences in the degree of protection 
 extended to the separate classes of protected workers.
 
 CHAPTER IV. 
 
 MAXIMUM WORKING-DAY. 
 
 In considering the question of protection of em- 
 ploymentj we must first touch upon the restrictions 
 -of employment. These restrictions are directed 
 to granting short periods of intermission of work, 
 i.e. to the regulation of liours of rest, of holidays, 
 night-rest and meal-times ; also to the regulation of 
 the maximum duration of the daily working-time, 
 •inclusive of intervals of rest, i.e. to protection of 
 hours of labour. 
 
 Protection of times of rest, and protection of 
 working- time, are both based on the same grounds. 
 It is to the interest of the employer to make un- 
 interrupted use of his business establishment and 
 <japital, and therefore to force the wage-worker to 
 work for as long a time and with as little intermission 
 as possible. The excessive hours of labour first be- 
 came an industrial evil through the increasing use of 
 fixed capital, especially with the immense growth of 
 machinery; partly this took the form of all-day and 
 ^11-night labour, even in cases where this was not 
 technically necessary, and partly of shortening the 
 holiday rest and limiting the daily intervals of rest;
 
 54 THEOET AND POLICY OF LABOUR PROTECTION. 
 
 but more than all ifc came through the undue exten- 
 sion of the day^s work by the curtailment of leisure 
 hours. Moral influence and custom no longer sufficed 
 to check the treatment of the labourer as a mere part 
 of the machinery, or to prevent the destruction of his. 
 family life. A special measure of State protection 
 for the regulation of hours of labour was therefore 
 indispensable. 
 
 Protection of the hours of labour is enforced in- 
 directly by regulating the periods of intermission of 
 labour : meal-times, night work, and holidays. But 
 it may be also completed and enforced directly by 
 fixing the limits of the maximum legal duration of 
 working-hours within the asti'onomical day. This is 
 what we mean by the maximum working-day. 
 
 The maximum working-day is computed sometimes 
 directly, sometimes indirectly. Directly, when the 
 same maximum total number of hours is fixed for 
 each day (with the exception it may be of Saturday) ; 
 indirectly, when the maximum total of working-hours 
 is determined, i.e. when a weekly average working- 
 day is appointed. 
 
 The latter regulation is in force in England, where 
 56^ hours are fixed for textile factories (less half an 
 hour for cleaning purposes), and sixty hours (or in 
 some cases fifty-nine hours) for other factories. In 
 Germany and elsewhere the direct appointment of 
 the maximum working-day is more usual : except in 
 the von BerlepscJi Bill (§ 139a, 3) where provision is. 
 made for the indirect regulation of the maximum 
 working-day, by the following clause: "exceptions 
 to tlie maximum working-day for children find young-
 
 MAXIMUM WOEKING-DAY. 55 
 
 persons may be permitted in spinning houses and 
 factories in which fires must be kept up without in- 
 termission, or in which for other reasons connected 
 with the nature of the business day and night work 
 is necessary, and in those factories and workshops 
 the business of which does not admit of the regular 
 division of labour into stated periods, or in which, 
 from the nature of the employment, business is con- 
 fined to a certain season of the year; but in such 
 cases the work-time shall not exceed 36 hours in the 
 week for children, and 60 hours for young persons 
 (in spinning houses 64, in brick-kilns 69 hours). 
 
 1. Meaning of maximum loorhing-day in the cus- 
 tomary use of the term. 
 
 In the existing labour protective legislation, and in 
 the impending demands for Labour Protection, the 
 maximum working-day is variously enforced, regu- 
 lated and applied. In order to arrive at a clear 
 understanding of the matter it will be necessary to 
 examine the various meanings attached by common 
 use to the term working-day. 
 
 Let us take first the difierent methods of enforce- 
 ment. 
 
 It is enforced either by contract and custom, or by 
 enactment and regulation. Hence a distinction must 
 be drawn between the maximum working-day of con- 
 tract and the legal (regulated) working-day. Now- 
 a-days when we speak of the maximum working-day 
 we practically have in mind the legal working-day. 
 But it must not be forgotten that the maximum 
 duration of labour has long been regulated by custom
 
 56 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 and contract in whole branches of industry, and that 
 the maximum working-day of contract has paved the 
 way for the progressive shortening of the legal maxi- 
 mum working-day. 
 
 Even the party who are now demanding a general 
 eight hours maximum working-day desire to preserve 
 the right of a still further shortening of hours by con- 
 tract, generally, or with regard to certain specified 
 branches of industry ; the Auer Motion (§ 106) runs 
 thus : " The possibility of fixing a still shorter labour- 
 day shall be left to the voluntary agreement of the 
 contracting parties." 
 
 Certainly no objection can be raised to making pro- 
 vision for the maintenance of freedom of contract 
 with regard to shortening the duration of daily labour. 
 The right to demand such freedom in contracting, is, 
 in my opinion, incontrovertible. 
 
 Next we come to the various modes of regulating 
 the maximum working-day. 
 
 It may either be fixed uniformly for all nations as 
 the regular working- day for all protected labour, or 
 it may be specially regulated for each industry in 
 which wage-labour is protected ; or else a regular 
 maximum woi'king-day may be appointed for genei'al 
 application, with special arrangements for certain in- 
 dustries or kinds of occupation. This would give us 
 either a regular national working-day, or a system of 
 special maximum working-days, or a regular general 
 working-day with exceptions for special working days. 
 
 The system of special working-days has long since 
 come into operation, although to a more or less 
 limited degree, by the action of custom and contract.
 
 MAXIMUM WORKING-DAY. 57 
 
 The penultimate paragraph of § 120 of the von 
 Berlepscli Bill, admits the same system — of course 
 only for hygienic purposes — in the following provi- 
 sion : " The duration of daily work permissible, and 
 the intervals to be granted, shall be prescribed by 
 ■order of the Bundesrath (Federal Council) in those 
 industries in which the health of the worker would 
 be endangered by a prolonged working-day." 
 
 The mixed system would no doubt still obtain 
 even were the regular working-day more generally 
 applied, since there will always be certain indus- 
 tries in which a specially short working-day will be 
 necessary (in smelting houses and the like) . 
 
 The labour parties of the present day demand the 
 regular legal working-day together with the working- 
 day of voluntary contract. 
 
 By maximum working-day we must, as a rule, 
 understand the national and international, uniform, 
 legal, maximum working-day. 
 
 Thirdly, we come to the various aspects which the 
 maximum working-day assumes according to whether it 
 is given a general or only a limited sphere of applica- 
 tion. In considering its application we have to decide 
 whether or not its protection shall be extended to all 
 branches and all kinds of business, and degrees of 
 danger in protected industry, and further, whether, 
 however widely extended, it shall apply within each 
 industrial division so protected to the whole body of 
 labourers, or only to the women and juvenile workers. 
 
 The maximum working-day is thus the " general 
 working- day " when applied to all industries without 
 ■exception. When this is not the case, it is the
 
 58 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 restricted working-day, which may also be called the 
 factory maximum working-day, as it really obtains 
 only in factory and quasi-factory labour. The term 
 factory working-day is further limited in its applica- 
 tion in cases where its protection extends, not to all 
 the labourers in the factory, but to the women and 
 juvenile workers only, or to only one of these classes. 
 Hence a distinction must be drawn between the fac- 
 tory working-day for women and children, and the 
 maximum factory working-day extended also to men. 
 We shall therefore not be wrong in speaking of this 
 as the working-day of women and juvenile workers, 
 nor shall we be putting any force on the custom- 
 ary usage, if by factory working-day we understand 
 the working day pi'escribed to all labourers in a 
 factory. 
 
 We shall find a further limitation of the meaning 
 in considering the aim of the protection afforded, for 
 in certain cases the maximum working-day, even 
 when extended to all labourers employed in a factory, 
 is restricted to such occupations in the factory as are 
 dangerous to health. In such cases, it might be 
 designated perhaps the hygienic working-day. 
 
 The maximum working-day, in the sense of the 
 furthest reaching and therefore most hotly con- 
 tested demands for regulation of time, means the 
 uniform maximum working-day, fixed by legislation 
 nationally, or even internationally, and not the maxi- 
 mum working-day of factory labour merely, or of 
 female and child-labour in factories, nor the hygienic 
 working day. This working-day is authoritatively 
 fixed — provisionally at 10 hours, then at 9 hours,.
 
 MAXIMUM WORKING-DAY. 59 
 
 and finally at 8 hours — as the daily maximum dura- 
 tion of working-time, in the Auer Motion (§ 106 and 
 I06a, cf. § 130). Section 106 (paragraphs 1 to 3) 
 runs thus : " In all business enterprises which come 
 within this Act (Imperial Industrial Code), the work- 
 ing-time of all wage-labourers above the age of 16 
 years shall be fixed at 10 hours at the most on work- 
 ing-days, at 8 hours at the most on Saturday, and on 
 the eve of great festivals, exclusive of intervals of 
 rest. From January 1st, 1894, the highest permis- 
 sible limit of working time shall be fixed at 9 hours 
 daily, and from January 1st, 1898, at 8 hours daily. '^ 
 According to the same section, the 8 hours day shall 
 be at once enforced for labourers underground, and 
 the time of going in to work and coming out from 
 work shall be included in the working-day. " Daily 
 work shall begin in summer not earlier than 6 o^clock, 
 in winter not earlier than 7 o'clock, and at the latest 
 shall end at 7 o'clock in the evening.'' 
 
 We have still two important points to consider be- 
 fore we arrive at the exact meaning of the general 
 maximum working-day. The first point touches the 
 difference between those employments in which severe 
 and continuous labour for the whole working-time is 
 required, and those in which a greater or less propor- 
 tion of the time is spent by the workman in waiting for 
 the moment to come when his intervention is required. 
 The second point touches the inclusion or non-inclu- 
 sion, in the working day, of other outside occupation, 
 of home-work, or of non-industrial work of any kind, 
 besides work undertaken in some one particular in- 
 dustrial establishment. With regard to the first point.
 
 60 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 the question may fairly be raised whether in industries 
 in which a large proportion of time is spent in waiting 
 unoccupied, the maximum working-day is to be fixed 
 as low as in those industries in which the work pro- 
 ceeds without intermission. And it is a question of 
 material importance in the practical application of the 
 maximum working day whether or not work at home, 
 or in another business, or in sales-rooms, or employ- 
 ment in non- industrial occupations, should or should 
 not be allowed in the normal working-day. 
 
 The labour-protective legislation hitherto in force 
 has been able to disregard both these points, for with 
 the exception of the English Shop Regulations Act 
 (1886) it hardly aflfected other occupations than those 
 in which work is carried on without intermission. 
 But there are points that cannot be neglected when 
 the question arises of a general maximum working- 
 day for all industrial labour, or all industrial wage- 
 service alike — as in the Labour agitation now rife in 
 the country. 
 
 The Auer Motion, for instance, ought to have 
 dealt with both these questions in a definite man- 
 ner; but it did not do this. With regard to those 
 occupations in which a large proportion of the time 
 is spent in merely waiting, e.g. in small shops, public- 
 houses, and in carrying industries, there is no pro- 
 posal to fix a special maximum working-day, except 
 perhaps in the English Shop Regulations Act (12 
 instead of 10 hours for young persons). With re- 
 gard to outside work, the Auer Motion does not 
 determine what may be strictly included witliiu the 
 eight hours day. The question is this : is the maxi-
 
 MAXIMUM WORKING-DAY. 61 
 
 mum working-day to be imposed on tlie employer 
 alone, to prevent him from exacting more than eight 
 or ten hours work, or on the employed also, to pre- 
 vent him from carrying on any outside work, even if 
 it is his own wish to work longer; the more we cut 
 down the general working-day, the more important it 
 will become to have a limit of time which will afifect 
 not only the employer but also the employed, as 
 otherwise the latter might, by his outside work, 
 be only intensifying the evils of competition for 
 his fellow-workers. The Auer Motion (§ 106) only 
 demands the eight hours day for separate business 
 enterprises ; therefore, according to the strict word- 
 ing, there is nothing to hinder the workman from 
 working unrestrainedly beyond the eight hours in 
 a second business enterprise of the same kind, or 
 in any industry of another kind, in which he is 
 skilled, or in non-industrial labour, and thus being 
 able to compete with other workmen. Does this 
 agree in principle with the maximum working-day of 
 Social Democracy ? Is this an oversight, or a prac- 
 tically very important " departure from principle " ? 
 We are not in a position to fully clear up or further 
 elucidate these two points. For the present we may 
 assume that the action of the Labour parties was 
 well calculated in both these respects, viz. in neglect- 
 ing to draw a distinction between continuous and 
 intermittent labour, and in excluding outside labour 
 from the operation of the eight hours working-day. 
 
 Lastly, in accurately defining the meaning of the 
 term we must not overlook the fact that neither in 
 respect to aim nor to operation the maximum work-
 
 62 THEOET AND POLICY OF LABOUR PROTECTION. 
 
 ing-day is confined to the question of mere Labour 
 Protection. It has no exclusively protective signi- 
 ficance. 
 
 It is true that the hygienic factory day, the factory 
 day for women and juvenile workers, and the factory 
 day for men, are wholly or mainly maximum working- 
 days appointed for purposes of State protection, but 
 the maximum working-day may also serve to other 
 ends apart from or in addition to this. In the general 
 eight hours day, for instance, the economic aspect is 
 of equal importance with the protective aspect of the 
 question. Under the socialistic system of national 
 industry, where there would no longer be any ques- 
 tion of protection in service-relations, the maximum 
 working-day, together with the possibly more impor- 
 tant minimum working-day, directed against the idle, 
 would serve to other important ends ; it would, for 
 instance, give more leisure for the so-called general 
 mental cultivation of the people and would prevent 
 new inequalities. 
 
 We will consider in the first place the purel}'' pro- 
 tective aspect of the maximum working-day of the 
 present, then the mixed protective and economic 
 aspect of the general maximum working-day. 
 
 2. The maximum working-days of jprofcctive legisla- 
 tion : the hygienic ivorking-day, the working-day of 
 women and children, the extended factory working- 
 day. 
 
 And first the Jiygieiiic 7.corkiiig-day. 
 
 This is imposed on certain occupations and busi-
 
 MAXIMUM WORKING-DAY. 63 
 
 nesses on account of the dangers to health arising out 
 of the work, and on account of the strength required 
 in the work. 
 
 It is no longer opposed by any party. It is fully 
 dealt with in the von Berlepsch Bill in the above- 
 mentioned provision of the penultimate paragraph of 
 § 120a. 
 
 By the insertion of this provision in Section I. of 
 Chapter VII. of the Imperial Industrial Code, the 
 hygienic maximum working-day may be extended by 
 order of the Bundesrath (Federal Council) over the 
 whole sphere of industrial labour, not merely of 
 factory and quasi-factory labour. The Berlin Con- 
 ference (resolutions 1, 2) demands the hygienic maxi- 
 mum working- day for mining industries. 
 
 It is hardly necessary to prove that the hygienic 
 maximum working-day cannot be obtained merely by 
 the efforts of the workers in self-protection or by the 
 general good-will of the united employers, without 
 general enforcement by enactment or regulation. 
 Some employers are unwilling even to maintain the 
 shortening of the normal working-day necessary to 
 health, others who would be willing are prevented by 
 competition so long as the hygienic working-day is 
 not enforced generally and uniformly by enactment 
 or regulation thi'oughout that particular branch of 
 industry. The extension of the hygienic maximum 
 working-day to all occupations dangerous to health 
 throughout the whole sphere of industrial labour, is 
 justified as a necessary measure of Labour Protection. 
 
 No nation will suffer in the long run from the full 
 extension of the hygienic working-day. It is probable
 
 64 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 that the governments will advance side by side in this 
 direction. 
 
 The factory workuig-day for women and juvenile 
 loorhers. 
 
 This has long been enforced. The distress which 
 brought it under the notice of the English legislature 
 has justified it for all time. It is now scarcely con- 
 tested. 
 
 Without special intervention of the State, the con- 
 siderate employer is not able to grant the ten hours 
 limit, even to women and juvenile workers, on account 
 of his unscrupulous competitors. 
 
 Its enforcement with the help of a factory list offers 
 no difficulties. 
 
 The grounds for demanding a maximum working- 
 day for juvenile workers are so evident that they need 
 not here be indicated. We may, however, remark in 
 passing that this working-day is economically of no 
 great importance in view of the small number of 
 juvenile workers. In the year 1888, Germany em- 
 ployed in factory and quasi-factory labour 22,913 
 children (14,730 boys, 8,175 girls) 169,252 young 
 persons (109,788 males, 59,464 females); children and 
 young persons together making a total of 192,165 
 (124,526 males, 67,639 females). The textile indus- 
 tries alone engaged 17'8 per cent, of the male, and 
 47 per cent, of the female child-labour, that being the 
 industry which also employs the largest number of 
 female workers. 
 
 The maximum working-day for female labour is 
 necessary for all women workers and not merely for 
 married women, and in England it has long been
 
 MAXIMUM WORKING-DAY. 65 
 
 enforced. In the case of girls, work for eleven or 
 twelve hours is higlily undesirable from the point of 
 view of family life. " Experience proves," says a 
 Prussian inspector, " that girls so employed never 
 become good housewives, and that women so em- 
 ployed can never fulfil their maternal duties, and on 
 this account many well-meaning employers will not 
 employ married women after the birth of the first 
 child. The evil result of this appears more plainly 
 the greater the number of women workers ; and its 
 bad influence on married life and on the education of 
 children in workmen's families is very evident and 
 makes itself felt in other spheres of life. Isolated 
 schools of housewifery and working-women's homes 
 are insufficient to meet the evil, especially as the ex- 
 tension of textile industries and therewith the increase 
 in the number of women employed has by no means 
 reached its highest point.'' Tlie more impossible it 
 is to dispense entirely with female labour, the more 
 imperative does it appear to secure to all women 
 workers, at least, the maximum working-day, at best 
 the 10 hours working-day (with 6 hours on Saturday) 
 long enforced in England. 
 
 The factory day of 6 hours for children and 10 
 hours for young persons has already been enforced by 
 the Industrial Eegulations in Germany. Its exten- 
 sion to all female workers is one of the most impor- 
 tant steps proposed by the von Berlepscli Bill. At 
 present the proposal is for an 11 hours day, but the 
 Reichstag Commission ought to succeed in placing the 
 limit at 10 hours. ^ 
 
 ^ This has so far not yet been done. 
 
 F
 
 66 THEOKY AND POLICY OF LABOUR PROTECTION. 
 
 The Resolutions of the Berlin Conference fix the 
 time at 6 to 10 hours for juvenile workers, and 
 II hours for all female workers (III. 6, IV. 2, and 
 V. 2). They further demand that the "protection 
 of a maximum working-day shall be granted to all 
 young men between the ages of 16 and 18." 
 
 The working-day for women and juvenile workers 
 has hitherto been essentially a factory and quasi- 
 factory maximum working day (cf. Bill, § 154). 
 England has, however, in the Shop Hours Regulation 
 Act of June 25, 1886, extended protection to sale- 
 rooms, of course only in favour of juvenile workers, 
 but with strict directions as to outside work. This 
 working-day in commercial business, amounts on an 
 average to 12 hours in the day (74 in the week, in- 
 clusive of meal-times). If the protected person has 
 already in the same day performed 10 hours of factory 
 or workshop labour, only 12 hours less 10 of shop- 
 work are permitted ; when the time occupied in out- 
 side work amounts to the full workshop and factory 
 maximum working-day, additional occupation in the 
 shop is prohibited. The Act does not apply to those 
 shops in which the only persons employed are mem- 
 bers of the family dwelling in the house or are family 
 connexions of the employer. Such intervention in 
 respect of household industry has already been begun 
 but has not yet gone very fur. 
 
 The general extension of the maximum working- 
 day for women and juvenile workers to all industries, 
 including family industries, has been demanded,^ but 
 is as yet nowhere enforced. 
 
 1 Auer Motion, § 130.
 
 MAXIMUM WOEKING-DAY. 67 
 
 The specially short working-day for children ne- 
 cessitates alternating shifts, as child labour, as a rule, 
 is inseparably connected with other work. English 
 protective legislation directs in this case that chil- 
 dren (from 10 to 14 years) may be employed in one 
 and the same place only for half a day, either for the 
 morning or the afternoon, or else on every alternate 
 day, for the full day ; and the order of working-days 
 must be changed every week ; in daily (half-day) em- 
 ployment, the actual working time (without intervals 
 of rest) amounts to 6 hours daily, and 30 to 36 hours 
 weekly, in other cases 10 hours daily and 30 hours 
 weekly. 
 
 T lie factory working-day {in the strict sense) : factory 
 worliing-day for adult males. 
 
 The extension of protection of hours of labour to 
 adults in factory and quasi-factory labour, by the so- 
 called factory working-day (in the strict sense) has 
 already begun to make way in some countries. 
 
 In France it was enforced as long ago as by the Act 
 of Sept. 9, 1848 (Art. I.), in which the limit was still 
 fixed at 12 hours; in Switzerland the limit was fixed 
 at 11 hours by Art. II. of the Confederate Factory 
 Act of 1877; and in Austria by the Act of Mar. 8, 
 1885. Other countries have not hitherto adopted it. 
 Great Britain and other countries still hesitate to in- 
 terfere in this way with the freedom of contract for 
 adults. Switzerland, on the other hand, is ready to 
 reduce the hours from 11 to 10, but whether Austria 
 is prepared to do so much is doubtful. 
 
 Germany also in the von Berlepsch Bill has entered 
 a protest against the extreme length of the factory
 
 68 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 working-day. Here the course has been strongly- 
 urged, sometimes of adopting an 11 hours, sometimes 
 a 10 hours day, meaning always the time of actual 
 work, without reckoning intervals of rest. In the 
 discussion on the Imperial Industrial Regulations of 
 1869, Brauchitsch demanded a 12 hours factory day 
 from the Conservative benches, and Schweitzer for all 
 large industries a 10 hours day {i.e. a 12 hours day, 
 with intervals of rest amounting to not less than 2 
 hours) . 
 
 The necessity for the limitation of the working-day 
 of male adult labourers to 11 or 10 hours, rests partly 
 upon the same grounds as that of the working-day for 
 women and young persons. Hours of leisure, besides 
 the hours of night rest, are a necessity for men also, 
 in order that they may be able to live really human 
 lives. Above all they ought to be able to devote a 
 few hours evex'y day to their family, to social inter- 
 course, self-culture, and their duties as citizens. 
 The economic expediency of the restriction of work- 
 ing hours has been proved by experience. The 
 amount of work executed in the factories has been in 
 no way lessened by the adoption of the 10 hours day 
 for women and children, and moreover in England, 
 wherever the 10 and 11 hours day for men has been 
 adopted without legal enactment, it has proved to be 
 a beneficial measure ; this has also been the case in 
 the Alsatian cotton factories.^ The factory inspectors 
 in ESwitzorland unanimously report the favourable 
 
 * CI'. The Comraoiitary on Dulll'uss in Brasscy's Work and 
 Wayes.
 
 MAXIMUM WOEKING-DAY. 69 
 
 effect of tlie 11 hours day on the amount of work 
 executed ; and the same thing on the whole may be 
 asserted of Austria. 
 
 In Switzerland the proposal that permission for 
 overtime work should be obtainable from the mams- 
 trates was several times rejected, " because the em- 
 ployers soon perceived that the increased production 
 scarcely covered the increased expense of light and 
 heating, and that the work was carried on with less 
 energy on the days following overtime work than 
 when the 11 hours day was adhered to." It is evident 
 that there the 11 hours day is not considered too 
 short. In general the employers in Switzei-land very 
 soon declared themselves satisfied with the 11 hours 
 day; the workmen consider it a great benefit, and it 
 has not led to the greater frequenting of public-houses. 
 The adoption of a maximum working-day in Switzer- 
 land has put a stop to the practice on the part of 
 manufacturers of taking away their competitor's 
 orders and executing them by means of overtime 
 work, so that amongst industrial managers also, the 
 tide is beginning to turn against too frequent indul- 
 gence in overtime work. 
 
 In Saxony even, an examination into the advantages 
 of tlie maximum working-day shows "that the 
 manufacturers themselves " (see General Report for 
 1888 of the district inspector at Zwickau), "are 
 opposed to the long protraction of hours of labour; 
 but every employer hesitates to be the first to shorten 
 the hours, fearing lest he should find too few imita- 
 tors, and be thereby thrown out of competition." 
 The legal factory working-day removes this fear.
 
 70 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 Of course we have no experience to show that the 
 farther shortening of the day to less than 10 hours 
 would allow of the execution of as much or more work 
 than has hitherto been executed in more than 10 or 
 11 hours. There is a limit to the possible increase of 
 eflSciency in machines and in hand-labour, and in the 
 two together. Labour Protection has neither the 
 intention nor the right to prohibit any labour that is 
 not too long to be physically and morally permis- 
 sible. 
 
 At present there seems no necessity from the pro- 
 tective point of view for more than an 11 or 12 hours 
 day as a rule,, with special hygienic woi'king-days of 
 less than 10 hours, together with unrestricted freedom 
 of contract in regulating the hours of work below this 
 limit. 
 
 Above the limit of 10 or 11 hours the lengthening 
 of labour time seems to diminish rather than to in- 
 crease its aggregate productivity, and this explains 
 why the 11 and 10 hours day^ without any intervention 
 from the State, has been so generally and successfully 
 adopted by custom and contract. It is the general 
 experience, as the Diisseldorf inspector notes in his 
 report, that " those works in which the smallest 
 amount of labour is performed, have as a rule the 
 longest hours of labour ; all attempts to increase the 
 amount of labour at favourable periods of the market, 
 by offering higher wages, whilst at the same time 
 maintaining the long hours, have only attained a short- 
 lived success, or have altogether failed ; the same re- 
 sult is produced when in certain occupations the 
 usually short hours of labour are prolonged in order
 
 MAXIMUM WOKKING-DAY. 71 
 
 to profit by the opportunity of a good market ; it is 
 only for the first few days that the increase in the 
 amount of work executed corresponds to the increase 
 in the hours of work, and the old level is quickly 
 resumed ; on the other hand, it is frequently affirmed 
 by the managers that the capacity for work of our 
 labourers is in no wise inferior to that of the 
 Enghsh." 1 
 
 The legal 11 or 10 hours day would not be justified 
 if custom and freedom of contract were sufficient to 
 adjust the true proportions of working time. This 
 however is not the case, and the legal working-day 
 is therefore necessary in order to supplement the 
 work of free self-protection. 
 
 With regard to the voluntary adjustment of the 
 duration of the workiug-day, we find that the 1 and 
 11 hours day already prevails in a large proportion of 
 the Grerman industries : as in Bremen, whence accord- 
 ing to the factory report, only 33"8 per cent, of the 
 adult labourers work beyond 10 hours, and only 3*8 
 per cent, beyond 11 hours, and in Berlin, where in 
 3,070 firms, 71,405 male labourers work for 10 hours 
 and less ; and the same is reported by other district 
 inspectors. But side by side with this we find a longer 
 and frequently a decidedly too long working-day, and 
 nowhere does every firm adhere to the 10 or 11 hours 
 day. Even in the Lower Ehine Provinces the 12 
 hours working-day is in force in the smelting houses 
 (Hitze). In Saxony the same number of hours ob- 
 tains, as a rule, in textile industries, although many 
 
 ^ Official records for 1885.
 
 72 THEOET AND POLICY OF LABOUE PEOTECTION. 
 
 manufacturers would prefer the 10 hours day, if all 
 competitors would adopt it. In Bavaria and Baden 
 the 11 to 12 hours working-da}' prevails widely. In 
 certain separate kinds of work, as in mills and brick 
 kilns, the working hours are even longer. 
 
 The advisability of fixing the legal factory day at 
 10 or 11 hours is not to be disputed. It is just where 
 the 10 or 11 hours day has not been secured by 
 custom that, as a rule, the workmen and such 
 managers as are willing are least in a position to 
 extort it by way of self-help from other competing 
 employers. And where custom has already led to 
 the general adoption of the 10 to 11 hours working- 
 day, it seems quite permissible to enforce it on such 
 firms as have not adopted it. 
 
 It is no sufficient argument against the introduc- 
 tion of the extended compulsory factory working-day, 
 to say that the adoption of the working-day for women 
 and young persons would necessarily entail the adop- 
 tion of the working-day for men without recourse to 
 legal enforcement, since men could not be employed 
 beyond the specified number of hours, while this was 
 forbidden in the case of women and young persons 
 employed in the same business. As a matter of 
 fact, the larger proportion of trades are carried on 
 entirely, or mainly, by male workers, though there 
 may be a certain amount of purely accessory work 
 performed by women and 3'oung persons. Hence the 
 adoption of the limited factory working-day {i.e. for 
 women and children) by no means necessarily or 
 uniformly entails its general adoption. Even in 
 England this has not been the case generall}', and
 
 MAXIMUM WORKING-DAY. 73 
 
 although we find that the maximum working-day 
 for men very hirgely obtains without legal enactment, 
 this has not been the result of the adoption of the 
 legal working-day for women and juvenile workers, 
 but has been won by the healthy struggle of the trades' 
 unions for the maximum working-day fixed by contract. 
 
 Now the question arises whether the 11 or the 12 
 hours day is to be chosen, and whether the adoption 
 of the factory working-day should be proceeded with 
 in Germany without its being adopted at the same 
 time by England and Belgium. 
 
 Several of the German States have recently intro- 
 duced the 10 hours working-day in their government 
 works. This would point to a preference for the 10 
 hours day. The proposal made by Switzerland at the 
 Conference for the adoption of this lower limit rests 
 partly on the ground of its agreement with the duration 
 of the 10 hours day for women and juvenile workei's. 
 
 But here some caution is necessary. Private enter- 
 prise is not so free from the dangers of competition as 
 government enterprise ; whilst Germany might very 
 well do with the 11 hours day since Switzerland and 
 Austria have been able to introduce it without harm- 
 ful results. 
 
 The adoption of the compulsory 10 hours day might 
 be ventured on without hesitation, if once we had 
 accurate international statistics as to whether the 
 different countries have already adopted the J hours 
 day ; and, if so, for which branches of industry. We 
 should then be able to see the extent of the risk as a 
 whole and in detail. Was not this very matter, the 
 ascertainment of the customary maximum duration
 
 74 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 of working Lours in separate brandies of industry, 
 pointed to as of immediate importance in the reso- 
 lutions agreed to at the Berlin Conference on the 
 drawing up of international statistics on Labour Pro- 
 tection ? The general adoption of the 10 hours day 
 would certainly be hastened by these means. Each 
 country would then be sure of its ground in taking 
 separate proceedings. 
 
 German labour protective policy cannot be re- 
 proached with want of caution, seeing that it has made 
 no demand in the von Berlejosch Bill for the extended 
 factory day, but only for an 11 hours working-day for 
 women. 
 
 Lastly, the question arises whether the maximum 
 working-day under consideration can, or shall, be 
 extended beyond factory and quasi-factory labour. 
 Such extension has not as yet taken place. 
 
 Should such extension ensue, the limits of duration 
 could hardly be fixed so low for intermittent work, 
 and for less laborious work (both are found in trading 
 industry and in traffic and transport business), as for 
 factory labour and the business of worksliops where 
 power machinery is used. Euglaud, which is appar- 
 ently the only country which regulates the hours of 
 young persons even in trade, has adopted for them a 
 12 hours working-day. 
 
 Further examination plainly shows that a simple 
 uniform regulation would be impossible in view of the 
 extraordinary variety of non-continuous and non-in- 
 dustrial occupations and handicrafts. 
 
 But in general it cannot be disputed that the 
 need for regulation may also exist in trading and in
 
 MAXIMUM WOEKING-DAY. 75 
 
 handicrafts, e.g. in bakeries (not macliine-wdrked) no 
 less than in household industry. Here we often find 
 that the workinsf hours are of longfer duration than in 
 factories and workshops. In Berlin, figures have been 
 obtained showing the percentage of firms in which 
 the working-day is more than 11 hours; and the pei'- 
 centage of female and of male workers employed for 
 more than 11 hours. 
 
 Number of Of Male Of Female 
 
 Firms. Workers. Workers. 
 
 In wholesale business ... 4'81 ... 3'51 ... 4'46 
 
 In handicraft 18-85 ... 15-52 ... 6-09 
 
 In trade ... 64-77 ... 54-94 ... — 
 
 The necessity for extending protection beyond the 
 factories cannot be lightly set aside ; in trade, exces- 
 sive hours of labour are exacted from workers not 
 belonging to the family, and in continuous and inter- 
 mittent employments, and in household industry they 
 are probably exacted from the relatives. The same 
 thing occurs in handicrafts. It is not impossible for 
 the matter to be taken in hand ; but at present it 
 meets with many difiiculties and much opposition. 
 Only the factory and quasi-factory maximum working- 
 day for adults belong to the immediate present. 
 
 3. TJie maximum ivorking-day of p^-otective policy 
 and of wage 'policij ; general maximum ivorJcing-day ; 
 eight lioiirs Tnovement. 
 
 The general maximum working-day of 8 hours, 
 as demanded since May 1st, 1890, rests admittedly on 
 grounds, not merely of protective pohcy, but also of 
 wage-policy. 
 
 In so far as it is demanded on grounds of protective 
 policy, it would call for little remark. The only
 
 76 THEORY AND POLICY OF LABOUE PEOTECTION. 
 
 question would be, whether on grounds of protective 
 policy the raaximum working-day is an equal necessity 
 for all industrial work, and whether this necessity 
 must really be met by fixing 8 hours, and not 11 or 10 
 hours, as the limits of daily work, a question which, 
 in my opinion, can only be answered in the negative. 
 
 The new and special feature which comes to the 
 fore in the demand for the general eight hours day, 
 is the impress which (its advocates claim) will be made 
 by it on the wages question, and this in the interests 
 of the wage-labourer. The universality and the 
 shortness of the maximum working-day would lead, 
 they say, to an artificial diminution of the product of 
 labour. 
 
 This second side of the question of the eight hours 
 day, which touches on wages, does not properly 
 speaking come within the scope of a treatise on the 
 Theory and Policy of Labour Protection, We must 
 not, however, omit it here, for the demand for such 
 a working-day is veiy seriously confused in the public 
 mind with the purely protective maximum working- 
 day, whereas the two must be clearly distinguished 
 from each other. By discussing and examining the 
 general eight hours day, it must be shown how im- 
 portant an advance it is upon the factor}'^ 10 hours 
 day ; and it must be shown that the favour with which 
 the factory 10 hours day is to be regarded on grounds 
 of protective policy, need not extend necessarily to the 
 general eight hours day ; the one may be supported, 
 the other rejected ; protective policy is pledged to the 
 one, but not to the otlicr. From this standpoint we 
 enter upon a consideration of the eight hours day.
 
 MAXIMUM WOEKING-DAY. 77 
 
 The demand is formulated iu the most compre- 
 hensive manner in the Auer Motion. What is it, 
 according to this demand, that strictly speaking con- 
 stitutes the general eight hours day, implying two 
 other "eights,''^ eight hours sleep and eight hours 
 recreation ? If we are not mistaken in the interpreta- 
 tion of the wording of the demand already given, the 
 ^' general working-day " means eight hours work for 
 the whole body of industrial wage-labour, admitting of 
 specially regulated extension to agricultural industry 
 and forestry. 
 
 The Motion demands the eight hours time uniformly 
 for all civilised nations ; without regard to the degrees 
 of severity of different occupations, and the degrees 
 of working energy shown by different nationalities ; 
 and without permission of overtime in the case of 
 extraordinary — either regular (seasonal) or irregular 
 — pressure of work. 
 
 The Motion demands the eight hours maximum 
 duration without regard to the question whether the 
 performance of labour is continuous or not, hence 
 without exclusion of the intermittent employments 
 which are specially difficult of control. 
 
 Moreover, in all probability, the mere preparatory 
 work, which plays so important a part in industrial 
 service, in trade, and in the business of traffic and 
 transport, will be dealt with in the same manner as 
 continuous effective labour. At least we find no indi- 
 cation of the manner in which preparatory work is to 
 be dealt with as distinguished from effective labour. 
 
 It does not appear in the text, but it is probably 
 the intention of the Auer Motion to apply the linii-
 
 78 THEOKT AND POLICY OF LABOUR PROTECTION. 
 
 tation of eight hours not only to work in the same 
 business, but to industrial work in different co- 
 ordinated businesses, to the principal industry and to 
 the subsidiary industries. 
 
 Yet, as we have already noticed, we find no definite 
 information on this point, nor on the manner of 
 enforcing the eight hours day; nor as to whether it 
 is to be an international measure enforced by inter- 
 national enactment ; nor yet as to Avhether it is to be 
 adopted only by the counti'ies of old civilization, or 
 also by the young nations of the new world, and the 
 countries of cheap labour in the South, and in Eastern 
 Asia. 
 
 On the other hand, the object of the general working- 
 day is fully and clearly explained. It aims not only 
 at fixing the time of rest for at least eight hours daily, 
 nor merely fixing the time of recreation (pleasure, 
 social intercourse, instruction, culture) for other eight 
 hours j but it also aims at an increase of wage per 
 hour, or at any rate at providing a larger number of 
 workmen with full daily work by diminishing the 
 product of labour. 
 
 In judging of the merits of the eight hours day, 
 one must lay aside all prejudices and misconceptions. 
 Hence we repeat that the hygienic working-day may 
 be admissible, even though fixed below eight hours. 
 We repeat, moreover, that the maximum working-day 
 fixed by contract is not to be opposed, even though 
 it fall to eight hours, or below eight hours, at first in 
 isolated cases, but by degrees generally. We also 
 say that it is not impossible that certain nationalities, 
 or all nationalities, should some day attain to such a
 
 MAXIMUM WORKING-DAY. 79 
 
 degree of energy and zeal for work, as would justify 
 the eight hours limit almost universally, and render 
 it economically admissible, as is already the case in 
 certain kinds of work. We are only concerned here 
 with the general legal eight hours day (not with 
 the merely hygienic working-day of eight hours) to be 
 legally enforced on January 1st, 1898, or within some 
 reasonable limit of time. 
 
 A few objections are advanced against the eight 
 hours day, the importance of which cannot be over- 
 looked. 
 
 The maximum working-day applied only to indus- 
 trial labour lacks completeness, it is said ; all work, 
 even in agriculture and in public business, should be 
 limited to eight hours, if the general maximum work- 
 ing-day is to become a reality. The Social Democrats 
 would, perhaps, meet this objection by further motions. 
 
 The general eight hours day is not quashed by the 
 assertion that the united nationalities, or the bodies of 
 labourers of different nationalities would never agree 
 upon the matter. This is, indeed, possible, even very 
 probable ; but it remains to be proved what may be 
 effected by international labour-agitation in an age of 
 universal suffrages and of world congresses, and 
 especially in England, which has already become so 
 really democratic ; an advance made by this country 
 towards a reasonable experiment would be decisive. 
 The possibility of attaining a sufficiently uniform, 
 shortened, international working-day will always be 
 conceivable. Moreover, the imposition of protective 
 duties on the nations that hold back is held in reserve 
 as a means towards the equalisation of social policy.
 
 80 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 More important are those objections which are raised 
 on grounds of protective policy against the eight 
 hours day, not on account of its shortness, but of its 
 universality. It is affirmed that it is unnecessary and 
 could not be carried out without intolerable chicanery. 
 
 I am also inclined to think that the necessity for a 
 maximum working-day, on grounds of protective 
 policy, does not extend much beyond factory and 
 quasi-factory labour (cf. Chaps. V. to VIII.) , many 
 wage-workers finding sufficient protection in the force 
 of public opinion, in moral influence and custom. 
 
 The universalisation of the measure, it must be 
 admitted, greatly increases the difficulties of carrying 
 it out successfully, especially in non-continuous em- 
 ployments, in subsidiary and combined industries. 
 It would be difficult to carry it out without an amount 
 of espionage and control, intolerable, perhaps, to the 
 sense of individual liberty in the most diligent 
 workers. The supporters of the eight hours day cannot 
 meet this objection by replying that under a real 
 "government by the people,^^ the whole measure 
 would be practicable, and the demand for it intelligi- 
 ble ; for this is an attempt to thrust forward a proof 
 having no application to the policy of the present, 
 wliicli lias to deal with existing conditions of society; 
 and it unwanantably assumes that the practicability 
 of a ''government by the people" has already been 
 proved. 
 
 The supporter of the general legal eight hours day 
 will be more successful in meeting the above objec- 
 tion if he maintains that the importance of so com- 
 plete a universali/atiou and so great a shortening of
 
 MAXIMUM WORKING-DAY. 81 
 
 the maximum working-day^ from the point of view of 
 the wages question, more than outweighs any doubt 
 as to the necessity of the measure on grounds of pro- 
 tective policy, or as to the practicability of carrying 
 it out. 
 
 The decision for or against the general legal eight 
 hours day lies therefore in tlie answer to these 
 two questions : whether the cherished hope as to its 
 effect on wages rests on a sure foundation, and whether 
 the State is justified in so wide an exercise of power 
 in the interests of one class in the present generation. 
 
 With regard, to the first question, no very strong 
 probability of success has been shown, to say nothing 
 of certainty. 
 
 We need only look at the practical aspect of the 
 matter. By the legal enforcement of a sudden and 
 general shortening of the industrial national working- 
 time, by 20 to 30 per cent, of the working-time 
 of hitherto, higher wages are to be obtained for 
 less work, or at least room is to be given for the 
 actual employment of the whole working force at the 
 present rate of wage ! 
 
 How would an increase of wage, or even the main- 
 tenance (and that a continuous one) of the present 
 rate be conceivable in view of a sudden general re- 
 duction of working-time by 20 to 30 per cent. ? Only, 
 indeed, either by reduction of profits and interest on 
 the part of the capitalists, corresponding to the in- 
 crease of wage, or by an increase in the productivity 
 of national industry, resulting from an improvement in 
 technique, and progress in skill and assiduity, or from 
 both together. 
 
 G
 
 82 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 Now no one can say exactly what proportion the 
 profits and interest of industrial capitalists bear to 
 the wagfes of the workmen : if one were to deduct 
 what the mass of small and middle-class employers 
 derive from the work of their assistants (as distinct 
 from what they draw from their capital) the industrial 
 rent — in spite of numbers of enormous incomes — 
 would probably not represent the large sum it is 
 supposed to be. Hence it is very doubtful whether 
 it would be possible to obtain the necessary sum out 
 of profits. 
 
 Even if this were possible^ it is by no means certain 
 that the wage war between Labour and Capital 
 would succeed in obtaining so great a reduction of 
 industrial profits and interest, still less within any 
 short or even definitely calculated limit of time. Some 
 amount of capital might lie idle, or might pass out of 
 Europe; or again. Capital might conquer to a great 
 extent by means of combination ; or it might turn 
 away from its breast the pistol of the maximum 
 working-day by limiting production, i.e. by employing 
 fewer labourers than before. It might induce a rise 
 in the price of commodities, which would diminish 
 "real" wages instead of raising them or of leaving 
 them undiminished. 
 
 But even if Capital found it necessary in con- 
 sequence of the legal enforcement of the eight hours 
 day to employ a larger number of woi'kers, it might 
 draw supplies to meet this expense partly out of the 
 countries which had not adopted the eight hours day, 
 partly out of agricultural industry and forestry, and 
 uftor half a generation, out of the increase in the
 
 MAXIMUM WOEKING-DAY. 83 
 
 working population. Capital would also make every 
 effort to accomplish in a shorter time more than 
 hitherto by exacting closer work and stricter control, 
 and by introducing more and more perfect machinery. 
 
 With all these possibilities the eight hours day 
 will not necessarily, suddenly, and in the long run, 
 increase the demand for labour to such a degree that 
 the employer will need to draw upon his interest, 
 profits, and ground rents for a large and general rise 
 of wages, or for the maintenance of the former rate of 
 wage. At least, the contrary is equally possible, and 
 perhaps even highly probable. 
 
 Such an increased demand for labour would indeed 
 ensue if the growth of population were to be perma- 
 nently retarded. But that it should be so retarded is 
 the very last thing to be expected under the conditions 
 supposed, viz. a general increase of "real" wages, 
 which would obviously i-ender it more easy to bring up 
 a family. 
 
 Hence the assumption that the eight hours day 
 would lead to an increase of wage, or the maintenance 
 of the present rate of wage at the cost of profits and 
 interest, is not proven ; so far from being certain, it is 
 not even probable. Therefore, it cannot serve to 
 justify so violent an interference on the part of the 
 State, as the enforcement of the general legal eight 
 hours' day on January 1st, 1898. Such an interference 
 would be calculated to bring a terrible disappointment 
 of hopes to the very labourers whom it is intended to 
 benefit. 
 
 Just as little can it be justified by the assumption 
 that as much would be produced (hence as high a
 
 84 THEOEY AND POLICY OF LABOUK PROTECTION. 
 
 wage be given) in a shorter working-day, tlirougli the 
 improvement of technique, and increased energy in 
 work, as in a working-day of 10 or 12 hours. 
 
 The increase in productivity could not be expected 
 with any certainty to be general, uniform, and sudden. 
 The success of the experiment which has been made 
 with the 11 hours day, which prevents such excessive 
 work as is not really productive, cannot be advanced 
 to justify the further assumption that the productivity 
 of labour increases in inverse ratio to the duration of 
 time. The increase of productivity through limiting 
 the duration of work does justify the 10 or 11 hours 
 day of protective policy precisely because the latter 
 evidently stops short at that point beyond which 
 labour begins to be less efficient ; we have no grounds 
 for assuming that the same justification exists for the 
 eight hours day demanded in the supposed interests of 
 a wage policy. The increase of productivity through 
 the operation of the eight hours day would be more 
 than ever unlikely if the abolition of " efficiency " 
 wage in favour of exclusive time wage, which is one 
 measure proposed, were to destroy the inducement to 
 compensate for loss of time by more assiduous work, 
 and if a fall in the profits were to curtail industrial 
 activity. 
 
 But oven supposing it certain, which it clearly is 
 not, that an increase of productivity would take place 
 sufficient to compensate for the shortening of time, it- 
 would still be doubtful whether the effect would be 
 felt in a rise or maintenance of the rato of wajxe, and 
 not rather in a rise in profit and interest. For the 
 steadily increasing use of machinery, which is assigned
 
 MAXIMUM WORKING-DAY. 85 
 
 as one of the reasous why productivity would remain 
 unimpaired in spite of the shorteuiug of hours, and 
 more especially if this should coincide with a rapid 
 increase of population, would actually lessen the de- 
 mand for labour, and thus would improve the position 
 of Capital in the Labour market. On this second 
 ground also, we are precluded from supposing that the 
 eight hours day would result in an increase of wages. 
 
 But if it be granted that the balance would not be 
 restored, either by pressure upon profits and interest 
 or by increased productivity, it then follows that the 
 wages of labour must necessarily f(tll 20 to 30 per 
 cent, through such a shortening of the working-day. 
 And this, as we have seen, is not at all an unlikely 
 issue. 
 
 The absorption of all the unemployed labour force, 
 the industrial " reserve army," in consequence of the 
 adoption of the eight hours day, is an assumption 
 quite as unproven as the one with which we have been 
 dealing. 
 
 This result would not necessarily ensue even in the 
 first generation, since production might be limited, 
 and even if the hopes of increased productivity are 
 not quite vain, it is quite possible that more machinery 
 might be employed without necessarily increasing the 
 number of workmen. 
 
 It is still more difficult to determine what in all 
 these respects will be the ultimate effect of the eight 
 hours day. The further increase of the working 
 population — and, ceteris paribus, this would be the 
 most probable result of the expected increase in the 
 rate of wage per hour — may produce fresh supplies of
 
 86 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 superfluous labour ; but the eventual fall of wages 
 consequent on a decrease in the productivity of 
 national work would necessarily increase the industrial 
 "reserve army," through the diminisLed consumption 
 and the consequent restriction of production to more 
 or less necessary commodities. 
 
 If a diminution of national production were really 
 to result from the adoption of the eight hours day, it 
 would affect precisely the least capable bodies of 
 workers, and those engaged in furnishing luxuries, 
 for the demand for luxuries is the first to fall off; and 
 the less capable workers finally become the worst 
 paid because they are able to accomplish less in eight 
 hours. Hence it follows that the uniform, universal, 
 and national eight houi's day would have very dif- 
 ferent results on the labouring bodies of each nation, 
 and on the competing bodies of labourers in separate 
 industrial districts in the same nation. Hence the very 
 uniformity of the national and international maximum 
 working-day of wage policy is a matter which calls 
 up very grave considerations, which, however, we are 
 not in a position to pursue any furtbei" in this book. 
 
 Even the complete prohibition of overtime work 
 for the sake of meeting the accumulation of business, 
 neither ensures a higher rate of wage per hour, nor a 
 lasting removal and reduction of the superfluous sup- 
 plies of labour. The very opposite result may ensue, 
 at least, in all such branches of industry as undergo 
 periodical oscillations of activity and depression, 
 througli the fluctuation of the particular demand on 
 whicli they depend. If the effect on wages of the 
 legal eight hours day is extremely doubtful, and the
 
 MAXIMUM WORKING-DAY. 87 
 
 advisability of the measure more than questionable, we 
 come in conclusion to ask very seriously whether the 
 State is justified in enforcing- more than the mere 
 working-day of protective policy. 
 
 Without doubt the State ought to direct its social 
 policy towards securing at least a minimum rate of 
 wage compatible with a really human existence, as it 
 does by Labour Insurance, for instance. It is a pos- 
 sible, though an extremely unlikely, case to suppose 
 that it might take practical steps to realize the '' pro- 
 portional " or " fair " wage of Uodhertus (although 
 since the writings of von Thiuien, theorists have sought 
 in vain a method of determining this ideal measure), 
 but even so, the practicability of such a course would 
 have first to be demonstrated, and in my opinion tliis 
 would probably be found to be not demonstrable. 
 But surely it has now been fully shown that it ought 
 not to permit the sudden and general shortening of 
 the working day by 20 to 30 per cent., an experiment 
 the effects of which cannot be foreseen. 
 
 The State does not possess this right, either over 
 property or labour. It might affect injuriously the 
 rate of wages of the whole labouring class, or, at least, 
 of such bodies of wage labourers as are employed in 
 the production of such articles as are not actual 
 necessaries of life. The labourer might even have to 
 bear the whole burden, since the rate of wages would 
 sufi'er by this measure if a fall in national production 
 were brought about without being counterbalanced by 
 a lowering of the rate of profit and interest. The 
 State has to take into consideration those considerable 
 bodies of wage-labourers who (while keeping within
 
 88 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 the limits of the maximum woi-king-day of pro- 
 tective policy) would rather work longer than earn 
 less, and it will find it hard to justify to them the ex- 
 periment of the eight hours day of a wage policy ; for 
 this would constitute a very serious restriction of 
 individual liberty for many workers, and those not by 
 any means the least industrious or skilful. Still we 
 need not undertake here to work out the matter de- 
 cisively from this point of view. 
 
 Will, however, the experiment be forced upon us ? 
 Who can deny this positively, in face of the irre- 
 sistibly advancing democratic tendencies of constitu- 
 tional right in all countries ? If it be forced upon us, 
 it may, and most probably will, end in a great disap- 
 pointment of the hopes of the Labour world. 
 
 It is perfectly clear that the decision of the matter 
 rests with England. If this country does not lead the 
 way, if she hesitates to enforce it in the face of the 
 competition of American, Asiatic, and soon, perhaps, 
 of African labour, the experiment of a general eight 
 hours day for the rest of Western Europe is not to be 
 thought of. But in England it is precisely the aristo- 
 cratic portion of the labouring classes — the "old 
 trades^ unionists,' ' the skilled labour — that has not 
 not yet been won over to the side of the legal eight 
 hours day, and it is doubtful whether it will yield to 
 the leaders of unskilled labour : Burns, Tillett, and the 
 rest. At the September Congress at Liverpool, in 
 1890, the Trade Unionist party brought forward in 
 opposition to the general legal eight hours day, the 
 eight hours optional day fixed by contract, in the 
 motion o£ Patterson, if 1 have rightly understood the
 
 MAXIMUM WORKING-DAY. 89 
 
 proposal. The motion was defeated by a majority of 
 only eiglit (181 to 173).^ If the legal eight hours 
 day is rejected^ does that preclude for all time the 
 possibility of shortening the time of labour to less 
 than the 10 or 11 hours factory day at present in 
 force ? By no means. 
 
 The fundamental error in the genei'al legal working- 
 day as it now stands^ lies not in the assumption that 
 it will gradually lead to a further shortening of the 
 working-day, but in the assumption that the legal 
 maximum working-day will bring about suddenly, 
 generally, and uniformly results which in the natural 
 course of economic and social development only the 
 maximum working-day of free contract is calculated 
 to bring about, and this gradually, step by step, tenta- 
 tively, and by irregular stages ; that is to say, that so 
 material a shortening of the maximum working-day 
 cannot possibly be attained to generally by any other 
 means than by the shortening by free contract, here 
 a little and there a little, of the maximum working- 
 day within each industiy and each country, and this 
 equally outside as well as within the limits of factory 
 and quasi-factory business. We may at all events be 
 assured that the substitution of the legal eiglit hours 
 
 ^ The motion of Patterson runs thus: " That, in the opinion 
 of this Congress, it is of the utmost importance that an eight 
 hours day sliould he secured at once hy such trades as may 
 desire it, or for whom it may be made to apply, without injury 
 to the workmen employed in such trades ; further, it considers 
 that to relegate this important question to the Imperial Par- 
 liament, which is necessarily, from its position, antagonistic 
 to the rights of labour, will only indefinitely delay this much- 
 needed reform."
 
 90 THEORY AND POLICY OF LABOUE PEOTECTION. 
 
 day for the factory working-day of 10 or 11 Lours is 
 not the next step to he taJieii, but rather the further 
 development of the maximum working-day of free 
 contract by means of the continuous wage struggle 
 between the organised forces of Capital and Labour to 
 suit the unequal and varying conditions of place, time, 
 and employment, in the various classes of industry. 
 
 There is no objection to be offered to this manner 
 of bringing about the shortening of the working-day. 
 No one has any right or even any fair pretext for 
 opposing it. No one need fear anything from the 
 results of a general working-day introduced by this 
 method, even if it should ultimately develop into the 
 legalised maximum working-day of less than 10 hours. 
 
 There is the less reason for fear, as the working 
 classes themselves have the greatest interest in avoid- 
 ing any step forward which would afterwards have to 
 be retraced ; the majority will prefer, within the limits 
 of overwork, additional and more laborious working 
 time with more wages, to additional recreation time 
 and less wages. 
 
 Least of all does Capital need to look forward with 
 jealousy and suspicion to this visionary eight hours 
 day which may lie in the lap of the future, but which 
 will have come about, only gradually through a series 
 of reductions by contract of the working-day, each 
 successive rise of wage and each successive shortening 
 of the working-day having been occasioned by a. 
 steady improvement in technique, and a healthy 
 increase of population. The sooner some such move- 
 ment as this of the eight hours day, fixed by contract, 
 ultimately pt-rliaps l)y legislation, takes ;i. linn hold,
 
 MAXIMUM WORKING-DAY. 91 
 
 the more striking will be the improvement of tech- 
 uique, the more normal will become the growth of 
 population, and the more peaceful and law-abiding 
 will be the social life of the immediate future. Hence, 
 I think we may contemplate the eight hours movement 
 without agitation, and discuss it impartially, provided 
 of course that the Labour Democracy is not permitted 
 to tear down all constitutional limitations upon its 
 sole and undisputed sway. 
 
 The most important continbution that this chapter 
 offers to the Theory and Policy of Labour Protection 
 is then to show that the eight hours day of wage 
 policy may be rejected, and may still be rejected, 
 even if the 10 hours day, demanded on purely State 
 protective grounds, is adopted. The foregoing dis- 
 cussion will show conclusively that there is no question 
 of the State pledging itself to Socialism by the purely 
 protective regulation of the working-day. 
 
 Even from the standpoint of Social Democracy, the 
 eight hours day as now demanded is not properly 
 speaking a Socialistic demand at all. It may be that 
 some of the leaders of the movement may seek by its 
 means to weaken and undermine the capitalist system 
 of production, but the demand does not in principle 
 deny the right of private property in the means of 
 production. The general eight hours day is an effort 
 to favourably affect wages on the basis of the existing 
 capitalist order. Not only the 11 hours or 10 hours 
 day, but even the eight hours day would be no index 
 of the triumph of Socialism. It may rather be sup- 
 posed that the leaders of the movement thrust forward 
 the eight hours day in order to be able to conceal
 
 92 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 their liand a little longer in the promised fundamental 
 alteration of the " system of production." Therefore, 
 we again repeat, even in face of the proclamation of a 
 general eight hours day made at the ''World's Labour 
 Holiday/' of May 1st, 1890, ''There is no occasion to 
 give the alarm ! " 
 
 4. The maximum ivorTiing-dan and the " normal 
 worhing-day." 
 
 What we understand by the maximum working- 
 day — limitation (whether ou grounds of protective 
 policy or of wage policy) of the maximum amount of 
 labour allowed to be performed within the astro- 
 nomical day, by confining it within a certain specified 
 number of hours — might also be called, and indeed 
 used more frequently to be called, the " normal 
 working-day." It is better, however, not to employ 
 this alternative designation. When the word " nor- 
 mal working-day " is used in a special sense, it means 
 something quite different from the maximum working- 
 day ; for it is a unit of social measurement by means 
 of which it is supposed that we can estimate all labour 
 performance however varying, both in personal differ- 
 ences and in differences of kind of work, so that we 
 may arrive at a socially normal valuation of labour, 
 and a socially normal scale of valuation of products. 
 It is an artificial common denominator for the regula- 
 tion of wages and prices which perhaps may be attained 
 under the capitalist system, but which ultimately 
 points to a socialistic commonwealtli. Tho maximum 
 working-day of protective right might exist side by 
 side witii the regulation of a " normal workiug-day," 
 but it lias no essential connection with it.
 
 MAXIMUM WORKING-DAY. 93 
 
 Hence we miglit pass by this normal woi'king-day 
 which is wholly unconnected with State protection, 
 but we think it necessary to touch upon it. There 
 still exists a confusion of ideas as to the maximum 
 and *^ normal " working-days. The meaning of the 
 latter is not formulated and fixed in a generally re- 
 cognised manner. It is quite conceivable, nay even 
 probable, if the Socialist fermentation among the 
 labouring masses should increase rapidly, that the 
 proposal of a maximum working-day, will take the 
 form of the " normal working-day," and that in the 
 very worst and wildest development of the idea of 
 normal working-time. This alone affords sufficient 
 reason for our drawing a sharp distinction between 
 the maximum working-day of protective legislation 
 and the " normal working-day," and above all for 
 cleai-lv defining the meanino^ of the latter. 
 
 This is no easy task for several reasons. 
 
 The determination of the meaning of " normal 
 working-day " includes two points : what we mean 
 by fixing a normal, and what we should regard as 
 " socially normal," i.e. just, fair, proportionate, and so 
 on. 
 
 The normal working-day would be a State nor- 
 malised working-day (as opposed to a restricted 
 working-day) adopted for the purpose of proven ting- 
 abnormal social and industrial conditions, and as far 
 as possible restoring normal i-elations. This would be 
 the widest meaning of normal working-day. 
 
 The maximum working-days of protective policy, 
 and of wage policy, are, or aim at being, normal work- 
 ing-days in this widest sense. Both are working-days
 
 94 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 legally normalised for the purpose of obtaining by a 
 development of protective policy, or of protective and 
 wage policy combined, more normal conditions of 
 work. But this does not make it advisable to adopt 
 the alternative designation of normal working-day 
 rather than of maximum working-day. There are 
 several kinds of normal working-days in this wide 
 sense, or at least we can conceive of several ; even 
 minimum working-days might be looked upon as nor- 
 mally regulated days. The term might designate the 
 normal working-day demanded on political, social, or 
 educational grounds, perhaps even the maximum 
 working-day which would secure to the worker every 
 day leisure for the non-industrial occupations above 
 mentioned ; moreover it might designate a minimum 
 normal working-day — almost indispensable under a 
 communistic government — which would compulsorily 
 fix a daily minimum of labour, and thereby ensure 
 production adequate to the normal requirements of 
 the whole community ; another normal working-day, 
 in the widest sense of the term, would be such a 
 maximum working-day under a communistic govern- 
 ment, as should aim at preventing the diligent from 
 working more and earning more than others, and 
 thereby destroying equality. None of these normal 
 working-days (in the widest sense) concern us now ; 
 the existing social order does not require for its just 
 and fair regulation the introduction of such normal 
 working-days, and the cura poderior of a socialism or 
 comniuiii.sui wliich as yet possesses no practical pro- 
 gram mo is not a theoretically fruitful or practically 
 important mutter for discussiou, at least not within
 
 MAXIMUM WOKKING-DAY. 95 
 
 the limits of this book. The normal workiug-day 
 with which we ueed to concern ourselves here — and 
 the term is still frequently used in this narrower sense, 
 though not universally — is, as already indicated, that 
 normal day which should serve as a general standard 
 of a socially equitable — normal or more normal (com- 
 pared to the old capitalist regulations) — valuation of 
 the performances of labour, and of the products of 
 labour, as a means of reducing the various individual 
 performances of labour to proportional parts of a 
 " socially normal " aggregate of the labour of the 
 nation^ and as a social measure of the cost of labour 
 products, thereby serving as a means to a " socially 
 normal ^' regulation of prices. 
 
 Rodhertus is the writer who has most clearly 
 sketched for us the idea of such a normal working- 
 day. We shall best understand what is meant by it, 
 by listening to this great economic thinker. Rodher- 
 tus sought for a more normal regulation of wages, 
 within the sphere of the existing social order, by the 
 co-operation of capital and wage labour, giving to the 
 wage labourer as to the employer his proportional 
 share in the aggregate result of national production. 
 
 As a solution of this problem, he lays down a 
 special normal time labour- day and normal work 
 (amount of work) labour-day, by considering which 
 two factors he proposes to arrive at a unit of normal 
 labour which shall serve as a common basis of 
 measurement. 
 
 In order to bi'ing about the participation of all 
 workers in the nett result of national production in 
 proportion to their contribution to it — hence without
 
 96 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 keeping down the better workers to the level of the 
 worst, and without endangering productivity — it is 
 necessary, Rodbertus holds, to reduce to a common 
 denominator the amounts of work performed by indi- 
 vidual workers, which vary very considerably both in 
 quantity and quality. By this means he thinks we 
 shall be enabled to establish a fair relation between 
 work and wages. The normal time labour-day is to 
 furnish us with a simple measurement of the product 
 of labour in different occupations or branches of in- 
 dustry ; and the normal ivorh labour-day is to give us 
 a common measure of all the varying amounts of work 
 performed in equal labour time by the individual 
 workers. 
 
 He points out that astronomically equal working 
 time does not mean, in different industries, an equal 
 out-put of strength during an equal number of hours, 
 nor an equal contribution to society. Therefore the 
 different industrial working-times must be reduced to 
 a mean social working time : the normal time labour- 
 day. If this amounts to 10 hours, 6 hours work 
 underground might equal 12 hours spinning or 
 weaving work. Or, which would be the same, the 
 normal time labour-day would be (3 hours in mining, 
 and 12 hours in textile industries ; the hour of mining 
 work would be equal to !§ hours of normal time, the 
 hour of textile work would be equal to } hour of 
 normal time. The normal tiinr, labour-day would 
 serve to determine periodically the proportionate rela- 
 tions which exist between the degrees of arduousness 
 in labour of dilfcront kinds, with a view to briugrinfj 
 about a just distribution of the whole products of
 
 MAXIMUM WORKING-DAY. 97 
 
 labour according to the normal proportional value of 
 its out-put in each kind of employment, in each de- 
 partment of industry, such proportional value being 
 ■determined by means of the normal time measui'e. 
 Also it would lead to the fair award of individual 
 ■wage, for if any one were to work only 3 instead of 6 
 hours in coal mining, or only 5 hours in weaving or 
 spinning, he would only be credited with and paid for 
 half a day of normal working time. 
 
 The normal time day is not however sufficient to 
 establish a just balance between performance of work 
 and payment; for in an hour of the same industrial 
 time value, one individual will work less, another 
 more, one better, another worse. The combined 
 interests of the whole community and the equitable 
 wage relations of the different workers to each other, 
 demand therefore the fixing of the normal perform- 
 ance of labour within a defined working time, in short 
 the fixing of a unit of normal work. Having nor- 
 malised industry on a time basis, we must now nor- 
 malise it on a ivork basis. And this is how Eodbertus 
 proposes to do it : According as the normal time 
 labour-day has been fixed in any trade at 6, 8, 10, or 
 12 hours (in proportion to the arduousness of the 
 work, etc.), the normal amount of v/ork of such a day 
 must also be fixed for that trade, i.e. the amount of 
 work must be determined which an average workman, 
 with average skill and industry, would be able to 
 accomplish in his trade during such a normal time 
 labour- day. This amount of work shall represent in 
 any trade the normal amount of work of a normal time 
 labour-day, and therewith shall constitute in any trade 
 
 H
 
 98 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 the normal ivorl: labour-day^ which would be equal to 
 what auy workman must accomplish within the normal 
 tivw labour-day of his trade, before he can be credited 
 with and paid for a full day, that is, a normal 7vork 
 labour- day. Hence if a workman had accomplished 
 in a full normal time labour-day, either one and a half 
 times the amount, or only half the amount of normal 
 work, he would e.g. in the six hours mining day, for six 
 hours work, be credited with a day and a half, or half 
 a day respectively of normal work time ; whilst in 
 spinning and weaving, on the other hand, he would in 
 the same way, for 12 hours work, be credited with 
 one and a half or a half-day respectively of normal 
 work time. 
 
 In this way Rodbertus claims to be able to establish 
 a fair measure and standard of comparison for laboui" 
 times, not merely between the various kinds of trades 
 and departments of industry^ but also between the 
 various degrees of individual efficiency. Each wage 
 labourer would be able to participate proportionately 
 in that portion of the national product which should 
 be assigned to wage-labour as a whole. If therefore 
 this portion were to be increased in a manner to which 
 we shall presently refer, there would also be a rise in 
 the share of the individual workers, in proportion to 
 the rise in the nett result of national production. 
 Tins scheme would form the groundwork of an indi- 
 vidually just social wage system, a system by which 
 the better workman would also bo better paid, which 
 would therefore balance the rights and interests of the 
 workers amoug themselves, which moreover would 
 ensure the productivity of national labour by variously
 
 MAXIMUM WOKKING-DAY. 99 
 
 rewarding the good and bad workers, thus recognising 
 the rights and interests of the whole conauiunity, and 
 lastly, which would continuously raise the labour-wage 
 in proportion to the increase in national productivity 
 (and also to the increasing returns of capital, whether 
 fixed or moveable, applied to production). 
 
 I may here point out, however, that with all this we 
 should not have arrived at an absolutely just system 
 of remuneration of wage labour, unless we introduced 
 a more complete social valuation of products in the 
 form of normal labour pay instead of metal coinao-e. 
 
 But Rodbertus wishes to see his " normal luorJc 
 labour-day " — equal to 10 normal work hours — estab- 
 lished as a universal measure of product value as well 
 as of the value of labour : " Beyond and above what 
 we have yet laid down the most important point of all 
 i^emains to be established; the normal work labour- 
 day must be taken as the unit of work time or normal 
 time, and according to such work time or normal time 
 (according to labour so computed) we must not only 
 normalise the value of the product in each industry, 
 but must also determine the wages in each kind of 
 work." 
 
 He claims that the one is as practicable as the 
 other. Fu'st, with regard to regulating the value of 
 product according to work time or normal work. In 
 order to do this the " normal work labour-day " — 
 which in any trade equals one day (in the various 
 trades it may consist of a varying number of normal 
 time hours), and which represents a quantity of pro- 
 duct equal to a normal day's work — this normal work 
 day must be looked upon as the unit of work time or
 
 100 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 normal work, and in all trades it must be divided into 
 an equal number (10) of work hours. The product in 
 all trades will then be measured according to such 
 work time. A quantity of product which should equal 
 a full normal day^s work, whether it be the product of 
 half a normal time labour-day, or of two normal time 
 labour-days, would represent or be worth one work 
 day (10 woi'k hours) ; a quantity of product which 
 should equal half a normal day's work, whether it 
 be the product of a normal work time or not, would 
 represent or be worth half a day's work or five work 
 hours. 
 
 The product of a work hour in any trade would 
 therefore, according to this measure, equal the product 
 of a work hour in all other trades ; or generally ex- 
 pressed : Products of equal work times are equal in 
 value. Such is approximately the scheme of Rod- 
 herfus. 
 
 A really normal labour-day — normal time and 
 normal work labour-day — would be necessary in any 
 regulated social system that sought on the one hand, 
 in the matter of distribution of wages, to balance 
 equally " the rights and interests of the workers 
 amongst themselves "; and on the other hand, in the 
 matter of productivity, to balance equally the " rights 
 and interests of the workers with those of the whole 
 community," by means of State intervention. It 
 would therefore be necessary not merely in a State 
 regulated capitalist society, with private property in 
 the means of production, as Bodberfus proposed to 
 carry it out under a strongly monarchical system, but 
 also and specially would it be necessary under a
 
 MAXIMUM WORKING-DAY. 101 
 
 democratic Socialism, if, true to its principles as 
 opposed to Communism, it aimed at rewarding each 
 man proportionately to his performance, instead of 
 allowing each man to work no more than he likes, and 
 enjoy as much as he can, which is the communistic 
 method. 
 
 The only difference would be this : that any soci- 
 alistic system must divide the nett result of produc- 
 tion — after deducting what is required for the public 
 purposes of the whole community — in proportion to 
 the amount of normal time contributed, and must 
 make the distribution in products valued according to 
 the cost of their production computed in normal time ; 
 whilst Rodhertus, who wishes to preserve private pro- 
 perty, finds it necessary to add one more point to 
 those mentioned : the periodical normalisation of wage 
 conditions in all trades. He is very clear upon this 
 point. " The State must require the rate of wage for 
 the normal working- day in any trade to be regulated 
 and agreed upon by the employers and employed 
 among themselves, and must also ensure the periodical 
 readjustment of these regulations and the increase in 
 the rate of wages in proportion to the increase in the 
 productivity of work." 
 
 But Rodbertus clearly perceived the difference be- 
 tween a normalised capitalist system and a normalised 
 socialism, neither communistic nor anarchist. Were 
 the workers alone, he continues, entitled to a share in 
 the national product value, every worker would have 
 to be credited with and paid for the whole normal 
 time during which he had worked, and the whole 
 national product value would be divided amongst the
 
 102 THEORY AXD POLICY OF LABOUR PEOTECTION. 
 
 workers alone. For instance, if a workman had ac- 
 complished one and a half normal day's work in his 
 normal time working-day, he would be credited with 
 15 work hours, and paid accordingly; if he had only 
 accomplished half a normal day's work in the whole of 
 his normal time working- day, he would be credited 
 with only five work hours. The whole national profit, 
 which would be worth x normal work, would then go 
 in labour wage, which would amount to x normal 
 work. But such a state of things, which may exist in 
 the imaginations of many leaders of labour is, accord- 
 ing to Rodbertus, the purest chimera : '^lu no con- 
 dition of society can the worker receive the whole 
 product of his normal work, he can never be credited 
 in his wage with the whole amount of normal work 
 accomplished by him ; under all' circumstances there 
 must be deducted from it what now appears as 
 ground rent and interest on capital." Ground rent 
 and interest on capital are, according to Rodbertus, 
 remuneration for ''indirect work" for the industrial 
 function of directing or superintending production. 
 " If therefore the worker has accomplished, in his 
 normal time working-day, 10 hours of normal work, in 
 his wages he will perhaps be only credited with three 
 work hours, in other words the product value of three 
 work hours will be assigned to him "; for the product 
 value of one work hour would represent perhaps his 
 contribution to the necessities of the State (taxes), 
 and three work hours would have to go towards what 
 is now called ground rent, and another three to 
 interest on capital. 
 
 It is impossible here to enter upon a complete
 
 MAXIMUM WORKING-DAY. 103 
 
 ■critical discussion of the practicability of the capitalist 
 normal working- day, as conceived by Rodbertus ; bub I 
 may be allowed in passing to indicate one or two 
 points of criticism. 
 
 I maintain my opinion expressed above, that the 
 ■cost of production in terms of normal labour is not 
 the only factor to be considered in the valuation of 
 products and the regulation of wages; hence, I still 
 -claim that the social measure of value in terms of the 
 •cost of production cannot be applied to labour pro- 
 ducts or to labour contributions without reference to 
 the rise and fall of their value in use. Should, how- 
 ever, the State eventually interfere in the regulation 
 of wages and prices, then I allow that the normal 
 working-day of Rodbertus would become of importance 
 to us for that purpose. For the rest, I hold that it 
 has by no means been proved that such an exercise 
 of interference could succeed even under a monarchical 
 government based on private property, far less under 
 a democratic government with a socialistic system of 
 ownership. Neither do I regard it as proved that 
 this method of State normalisation would actually 
 achieve the establishment of a more normal state of 
 affairs than can be arrived at in a social system where 
 freely organised self-help is the rule, i.e. where both 
 classes, Capital and Labour, can combine freely 
 among themselves within the limits of a positive code 
 safeguarding the rights of the workers. The direc- 
 tion taken by modern industrial life towards the 
 harmonious conciliation of both classes, by means of 
 the wage-list, the wage-tariff, and the sliding scale 
 with a fixed minimum wasfe for entire branches of
 
 104 THEORY AND POLICY OF LABOUE PROTECTION. 
 
 industry, and so forth, promises au important advauce- 
 towards the establishment of a more normal wage- 
 system. 
 
 In considering the question of tlie working-day as 
 an instrument for affecting wages, it will be found 
 that on the whole perhaps as much, or even more, 
 may be achieved (and with fewer countervailing dis- 
 advantages) by the maximum working-day of free con- 
 tract, varying according to trade, than by the normal 
 working-day in the narrow meaning which Rodbertus 
 has given to the term. 
 
 The complete elimination of the capitalist indivi- 
 dualistic method of determining wages and prices, 
 in favour of the measurement by " normal time '^ and 
 '^ normal work ^' alone, would be open to grave ob- 
 jections both in theory and practice. Above all 
 there is the practical danger of overburdening the 
 State with the task of regulating and normalising, a 
 task which only the most confirmed optimism would 
 dare to regard lightly. It appears to me exceedingly 
 doubtful at the present whether any State, even the 
 most absolute monarchy with the best administration, 
 would be competent to undertake such a task. I can 
 see no likelihood of satisfaction on this point for some 
 time to come, and must therefore range myself on the 
 side of those who claim a better chance of success for 
 the simpler method of improved organisation for the 
 free settlements of wage-disputes by united repre- 
 sentatives of both classes. But these and similar 
 investigations are beyond the range of the main 
 subject under discussion in this book. 
 
 My task is to prove that the maximum working-day
 
 MAXIMUM WOEKING-DAY. 105 
 
 of protective policy, or of protective and wage-policy, 
 has nothing to do with the normal working-day in its 
 strict sense — whether it be the normal working-day 
 of Kodbertus separately adjusted in separate branches 
 of industry, or the all-round normal working-day of 
 non-communistic socialism. The normal working-day 
 in the precise sense of Rodbertus, or even in the sense 
 of the more rational socialists, affords an artificially 
 fixed unit of value for the equitable determination of 
 wages and prices ; but it is neither a regulation by 
 protective legislation of the longest permissible dura- 
 tion of the work within the astronomical day, nor a 
 method of influencing the capitalistic settlement of 
 wages by the legal enforcement of a much shorter 
 maximum working-day. A normal woi"king-hour 
 would serve as well as a normal working-day for a 
 common denominator for the uniform reduction of the 
 various kinds of work to one normal measure of time 
 and labour, with a view to the valuation of the pro- 
 ducts and contributions of labour. 
 
 It may be said that the normal working-day, in the 
 sense of Rodbertus, by virtue of its being a matter 
 periodically fixed and prescribed, is a normal working- 
 day also in that wider sense in which the term may 
 equally be applied to the maximum working-day of 
 protective policy. But it cannot claim the title of 
 normal working- day from the fact of this fixity or 
 this artificial regulation, but only from the essential 
 fact that it serves the purpose of a valuation of labour 
 products and labour contributions on a scale which 
 is really normal, i.e. sociallij just and equitahle. 
 
 The importance from a theoretic point of view of a
 
 106 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 distinction between the maximum working-day and 
 the normal working- day would of itself have justified 
 our dwelling on the foregoing details. But these 
 details are also of practical importance in consider- 
 ing the policy of the ten hours day of Labour Pro- 
 tection, as against the legal eight hours day. One 
 word more on this point : t]Le eight hours day threatens 
 to ultimately develope, should Socialism as an experi- 
 ment ever he tried, into a normal ivorking-day of the 
 ivorst possible kind. 
 
 Democratic Socialism has, hitherto at least, adopted 
 on its party programme no formulary of the normal 
 working-day required by it. It will scarcely find a 
 better formulary than that of Rodherfus (omitting the 
 periodical re-adjustment of the whole share of Labour 
 as against Capital, see pp. 123, 121). The normal 
 measure of Itodhertus would be an incomparably 
 superior method to that of regarding as equal all 
 astronomic labour time without respect to differences 
 in the arduousuess of the labour in the various trades, 
 no attempt being made to determine the unit of 
 normal work per normal time-day or nox'mal time- 
 hour. But would Democratic Socialism have really 
 any other course open to it than to treat all labour 
 time as equal, and so to bring about the adoption of 
 a socialistic normal time of the most disastrous type, 
 viz. the submergence of the sociall;/ normal working- 
 day in the general maximum worhing-day ? 
 
 To the enormous difficulties, technical and admini- 
 strative, inherent in the normal labour time of Ilod- 
 bertus, would inovital)ly be added the special and 
 aggravated difficulties arising from the overpowering
 
 MAXIMUM WORKING-DAY. 107 
 
 influence of the masses under a democratic " Social 
 State/' on the i^egulation of normal time. Social 
 Democracy, as a democracy, would almost necessarily 
 be forced to concede the most extreme demands for 
 equality, i.e. the claim that the labour hour of every 
 workman should be treated as equal to that of every 
 other workman, without regard to degrees of severity, 
 without regard to ditferences of kind, and without . 
 regard to degrees of individual capacity and the 
 fluctuations of value in use. In any case the Social 
 State would probably not dare to emphasize in the 
 face of the masses the extraordinary differences of 
 normal labour in astronomically equal labour time, i.e. 
 it might not venture to assign different rewards to 
 -equal labour times on account of differences in the 
 labour. And yet if it failed to recognise those 
 differences Social Democracy would be doomed from 
 the outset. 
 
 It can thus be easily understood why Social 
 Democracy has hitherto evaded her own peculiar 
 task of precisely determining a practicable, socialistic, 
 normal working-day. 
 
 There were two ways in which it was possible to do 
 this : either by merely agitating for an exaggeration 
 of the maximum working-day of capitalist Labour- 
 Protection, or by adhering to the communistic view 
 which altogether denies the necessity for any reduc- 
 tion to normal time. And we find in fact among 
 Social Democrats, if we look closely, traces of both 
 these views. 
 
 According to the strict requirements of the Social- 
 ists, not only a maximum working-day, but also and
 
 108 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 especially a minimum working-day ought properly- 
 speaking to be demanded in order to meet the dire 
 and recognised needs of the large masses of the 
 people. Instead of this, Social Democracy holds 
 out the flattering prospect of a coming time in 
 which the working-day for all will be reduced to 
 two or three hours, so that after the need for 
 sleep is satisfied, at least twelve hours daily may be 
 devoted to social intercourse, art and culture, and 
 to the hearing or delivering of lectures and speeches. 
 No attention whatever is paid to the trifling con- 
 sideration, that either there might be a continual 
 increase in the population and a growing difficulty 
 in obtaining raw material for the purposes of pro- 
 duction ; or on the other hand that the population 
 might remain stationary or decrease, and therewith 
 progress in technique and industrial skill might come 
 to an end. 
 
 While more and more the hopes of the people are 
 being excited by promises of great results from the 
 progressive shortening of the maximum working-day 
 — through the increased productivity of labour — still 
 we hear nothing with reference to the normal working 
 time, or the regulation by it of values of products 
 and labour. The party has not yet, to my knowledge, 
 committed itself at all on this point; it is probable 
 therefore that it has not arrived at possessing a 
 clearly worked out conception of this, the very 
 foundation question of the socialistic, non-communistic 
 " Social State " ; still less has it any programme 
 approved by the majority of the party. 
 
 'J^o represent equal measures of working time of
 
 MAXIMUM WORKING-DAY. 109 
 
 •different individuals in different trades by unequal 
 lengths of normal time, or, in other words, to assign 
 unequal rewards to astronomically equal measures 
 of working time, is an idea that goes assuredly against 
 the grain with the masses of the democracy. It is 
 found better to be silent on this point. Hitze, who 
 has taken part in all transactions of protective legisla- 
 tion in the German Reichstag, states from his own 
 experience that the parliamentary wing of the Social 
 Democrats has always had in view the maximum 
 working-day, and never the normal working-day. 
 He says : " None of those who have moved labour 
 resolutions in the German Reichstag (not even such 
 of them as were Social Democrats) have ever con- 
 templated the introduction of the normal working- 
 day, either as intended by the socialistic government 
 of the future, or as conceived by Rodbertus — but they 
 have always had in their minds the maximum work- 
 ing-day only — the fixing of an upward limit to the 
 -working time permissible daily, even though they 
 may frequently have made use of the rather am- 
 biguous expression ' normal working-day.' " 
 
 It will, however, be impossible for the movement 
 to continue to evade this main point. In spite of 
 all danger of division, in one way or another the 
 party must come to a decision, must formulate on 
 its programme some socialistic normal working-day 
 as a common denominator for the valuation of com- 
 modities, and the apportionment of remuneration to 
 all. The result of this would be to destroy all the 
 present illusions concerning the possibility of pro- 
 Tiding employment tor the industrial "reserve army,"
 
 110 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 and securing a general rise of wage per hour b}^ 
 means of the adoption of an eight hours day. 
 
 There are then only three courses open to them ; 
 either to develope the normal working-day logically 
 into a socialistic form, perhaps by making use of the 
 proposals of Rodbertus; or secondly, to treat the 
 maximum working-day as the normal working-day, 
 i.e. to regard the hours of astronomical working time 
 of all workers as equal in value (without attempting 
 any reduction to a socially normal time), and to make 
 this the basis of all valuation of goods and apportion- 
 ment of remuneration ; or, thirdly, the communistic 
 plan of dispensing with all normal working-time on 
 the principle that each shall work as little as ho 
 chooses, and enjoy as much as he likes. 
 
 The first of these possible courses — the adoption 
 of the views of Rodbertus — is rendered unlikely by 
 the democratic aversion to reckoning equal astro- 
 nomical times of work as unequal amounts of normal 
 work, to say nothing of the practical difficulties and 
 deficiencies which I have already pointed out in 
 Rodbertus^ formulary. 
 
 The second course is the one that would more 
 probably be followed by the Social Democrats ; viz, 
 the completion of their programme by identifying 
 the standard of normal working-time with the as- 
 tronomical individual working-time, i.e. by assign- 
 ing a uniform value to all hours of astrouomical 
 time. But in this event Social Democracy would 
 alienate tlie very pick of its present following; for 
 this identification would involve that the more indus- 
 trious would have to work for the less iiulnsfiMons, nnd
 
 MAXIMUM WORKING-DAY. Ill 
 
 the latter would gain the advantage. It can hardly 
 in any case come to a practical attempt to enforce this 
 view ; bnt even theoretically the strongest optimism 
 will not be able^ I believe, to explain away the prob- 
 ability, approaching to a certainty, that such an 
 attempt, implying the grossest injustice to the more 
 diligent and skilful workers, would literally kill the 
 labour of the most capable, and would therefore lead 
 to an incalculable fall in the product of national work, 
 and consequently also in wages. But it would be 
 extremely difficult to convince the masses, among 
 whom the Socialist agitation is mostly carried on, of 
 the truth of this contention. They would undoubtedly 
 demand in the name of equality that the astronomical 
 hour should be treated as the normal working-hour, 
 and this has already shown itself in the demand for a 
 general minimum wage per hour. 
 
 It would be no great step from this to the third 
 and most extreme alternative. This would be that 
 there is, forsooth, no need for any normalisation, or 
 for any normal working-day ! It should no longer 
 be ; '' to each accoi'ding to his work, through the 
 intervention of the State ! " but rather, " to each one 
 as much work as he can do, and as much enjoyment 
 as he pleases ! " Even that craze for equality, which 
 would make a normal time-measure of the astro- 
 nomical hour of the maximum working-day, would 
 be superseded, and the identification of the maximum 
 and normal working-days would be set aside by such 
 a view as this. Practically, we need not fear that 
 matters will go to this extreme. But it is interesting 
 to note (and since the expiration of the German So-
 
 112 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 cialist Laws in 1890), it is no longer treading on 
 forbidden ground to point oat that this cheap and 
 easy agitation in the direction of pure communism 
 which went on for years even under the Socialist 
 Laws and before the very eyes of the police, has 
 to-day already taken a very wide hold by means of 
 fugitive literature and pamphlets. 
 
 It is not my intention to assert that the present 
 leaders of Social Democracy are scheming to treat the 
 astronomical working-hour as the unit of normal time 
 in the event of the introduction of a socialist govern- 
 ment. They are not guilty of such madness. As I 
 have shown, the present leaders of the Social Democrats 
 are aiming at the eight hours day only as a pro- 
 tective measure and a means of affecting wages, and 
 they aim at realising it purely on the present capitalist 
 basis. They do not give the slightest indication of 
 desiring that the eight hours day should give to all 
 workers the same wage for every hour of normal or 
 astronomical working- time. Social Democracy still 
 confines its activity entirely within the limits of the 
 capitalist order of society, however much isolated 
 individuals might wish to step forward at once, and 
 without disguise. But would the present leaders be 
 able to hold their own if the masses expressed a 
 desire to have each astronomical labour-hour in their 
 maximum working-day (at present of eight hours, 
 but no doubt before long of six hours) recognised as 
 the normal time-hour ? 
 
 I trust that in the foregoing pages I have at least 
 succeeded in making this one point clear; that the 
 Policy of Labour Protection has nothing to do with
 
 MAXIMUM WORKING-DAT. 113 
 
 any normal working-day. And for this reason : that 
 it rejects the " iiniver.sal" uia<vimum ivorMng-day ; 
 and rejects it not merely as a measure of protective 
 policy^ but also as a measure affecting wages. 
 
 m
 
 BOOK 11. 
 CHAPTER V. 
 
 PROTECTION OF INTERVALS OF WORK : DAILY INTERVALS, 
 NIGHT EEST, AND HOLIDAYS. 
 
 1. Daily intervals of work. 
 
 The uninterrupted performance of the whole work 
 of the day is not possible without intervals for rest, 
 recreation, and meals. Even iu the crush and hurry 
 of modern industry, certain daily intervals have been 
 secured by force of habit and common humanity. 
 
 Yet the necessity for ensuring such intervals by 
 protective legislation is not to be disputed, at least in 
 the case of young workers and women workers in fac- 
 tory and quasi-factory business. From an economic 
 point of view there is nothing to be urged against it. 
 
 In addition to the protection of women and young 
 workers with regard to duration of daily work, Eng- 
 land has also enjoined intervals of rest for all pro- 
 tected persons. In textile industries the work must 
 not continue longer than 4| hours at a time without 
 an interval of at least half an hour for meals; witliiu 
 the working day a total of uot less than 2 hours for
 
 PROTECTION OF INTERVALS OF WORK. 115 
 
 meals must be allowed. In other than textile indus- 
 tries, women and young persons have a total of 1^ 
 hours, of which one hour at least must be before 3 
 •o'clock in the afternoon ; the longest duration of un- 
 interrupted work amounts to 5 hours. In workshops 
 where children or young persons are also employed, 
 the free time for women amounts to 1^ hours ; in non- 
 domestic workshops where women alone are employed 
 (between G a.m. and 9 p.m.), 4^ hours is the total. 
 The same time is allowed to young persons. In do- 
 mestic workshops no free time is legally enforced for 
 women; for young persons it amounts to the same 
 time as that for women alone in non-domestic work- 
 shops. 
 
 I do not wish to deal with the regulations of all 
 ■countries ; I am only concerned to point out that, as 
 compared with the labour protective legislation of 
 England, the foremost industrial nation, German legis- 
 lation on the protection of intervals appears to be 
 7'atlier cautious, as even in the von BerJepsch Bill it 
 merely secures regular intervals for children within 
 the 6 hours work, and for young persons (from 14 to 
 16 years) an interval of half an hour at mid-day, be- 
 sides half an hour in the forenoon and afternoon, and 
 for women workers an interval of an hour at midday 
 •(§135/). 
 
 The English law requires simultaneous intervals for 
 meals for all protected persons working together in 
 the same place of business ; and such intervals may 
 not be spent in the work-rooms where work is after- 
 wards to be resumed. 
 
 The von Berlepscli Bill (§ 136, 2) requires only the
 
 116 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 young workers to leave the work-rooms for meals,, 
 and even this with reservation : " During the intervals 
 the young workers shall only be permitted to remain 
 in the work-rooms on condition that work is entirely 
 suspended throughout the interval, in that part of the 
 business in which the young workers are employed, or 
 where it is found impracticable for them to remain in 
 the open air, or where other rooms cannot be pro- 
 cured without disproportionate difficulty.^' 
 
 The lengthening of the mid-day interval for married 
 women or heads of households, to enable them to fulfil 
 their domestic duties, is recommended by the German 
 Reichstag and provided for in the von Berlepsch Bill,, 
 in the fourth paragraph of § 137, as follows : " Women 
 workers above the age of 16 years, having the care of 
 a household, shall be set free half an hour before the 
 mid-day interval unless this interval amounts to at least 
 1 ^ hours. Married women and widows with children 
 shall be accounted as persons having the care of a 
 household, unless the contrary is certified in writing 
 by the local police magistrate, such certificate to be 
 granted free of stamp and duty." This measure indi- 
 cates a fragmentary attempt from the outside to pro- 
 tect the woman in her family vocation, and as such 
 belongs to the question of protection of married 
 women. The opponents of the measure — and they are 
 many — make the objection that the result will be that 
 women with families will be unable to obtain employ- 
 ment. Whatever may be said for or against the 
 measure, there is no doubt tliat an interval of an hour 
 and a half at mid-day ought to be granted to every 
 workwoman, to place and keep her in a po.-^ition in
 
 PROTECTION OF INTERVALS OF WORK. 117 
 
 •which she can discharge the duties of preparing the 
 family meals and looking after her children. There- 
 fore the injunction of a mid-day interval of 1^ hours in 
 all factory business in which women over 16 years of 
 age are employed would perhaps be a juster, more 
 •effectual, and more expedient measure, and would not 
 prejudice the employment of women. But will it be 
 possible to bring about the international uniform ex- 
 tension of the present interval of two hours to two 
 hours and a half (inclusive of the forenoon and after- 
 noon intervals) ? The problem is surrounded by un- 
 deniable practical difficulties. 
 
 The Auer Motion (§ 106a, 2. cf. § 130) demands the 
 ■extension of protection of intervals of work to all 
 industries. Hitherto it has only been extended to 
 women and young workers, and only to such as are 
 -employed in factory and quasi-factory business. We 
 need not here go into the question whether it can be 
 proved to be to some extent necessary in the more 
 irksome and laborious trades and in household in- 
 dustry. 
 
 2. Protection of night rest {"Prohibition of night 
 work.") 
 
 Night rest has long been subjected by force of 
 custom and necessity to very comprehensive measures 
 -of protection. Nevertheless it has become more or less 
 of a necessity, even for men, to supplement such pro- 
 tection by extraordinary intervention of the State in 
 factory and quasi-factory industrial trades, in some 
 cases also in handicraft business {e.g. in bakeries, in 
 public-house business, and in traffic and transport 
 business). The self-help of the workmen and the
 
 118 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 moral influence of the civil and religions conscience 
 
 are uo longer a suflicient power of protection. 
 
 The entire general prohibition of all industrial night 
 
 work would go beyond the limits of practical necessity ,. 
 
 and the State would have no means of enforcing such 
 
 a general prohibition. 
 
 Exceptions to the prohibition of night work are un- 
 
 avoidable^ even in factory and quasi-factory business 
 
 (cf. Chap. VII.) . 
 The number of women and children employed in 
 
 night work is not great. It might, however, become 
 greater through the introduction of electric lighting in 
 
 Germany. Protection of night rest for women and 
 
 children is, therefore, as practically necessary as ever. 
 The actual condition of Labour Protection in regard 
 to night work, and the efforts and tendencies to be 
 discerned in reference to it at the present time, are as 
 follows. The resolutions of the Berlin Conference- 
 demand the cessation of night work (and Sunday 
 work) for children under 14, also for young persons 
 of 14 to 16 years and for women workers under 21 
 years of age. 
 
 The von Berlepsch Bill (§ 137)') altogether excludes 
 night work for women in Victory (§ 151) and quasi- 
 factory business. 
 
 Of course exceptions may be permitted by order 
 of the Bundesrath (Federal Council). The power of 
 the Bundesrath to grant exceptions is very general 
 and unrestricted (§ 189a, 2). "The employment of 
 women over 1 6 years of age in night work in certain 
 branches of manufacturing industry in which such 
 employment has hitherto been customary, shall be
 
 PROTECTION OF INTERVALS OP WORK. 119 
 
 permitted subject to certain conditions demanded by 
 health and morality/^ 
 
 The Auer Motion demands the exclusion of all 
 women and young persons from " regular '' night 
 work . 
 
 3. Protection of holidays. 
 
 Protection of daily intervals secures the necessary 
 intermission of work during the day. Protection of 
 night rest guarantees the necessary and natural chief 
 interval within every astronomical day. Protection of 
 holidays makes provision for the no less needed ordi- 
 nary and extraordinary intermission of work during 
 entire days, Sundays, and festivals. 
 
 Strictly speaking, protection of holidays has long 
 existed. The Church exercised a powerful influence 
 in this respect over legislation and popular custom. 
 Labour protection only seeks to restore this protection 
 in its entirety (and as far as possible in its former 
 extent — hence not merely in factory and quasi-factory 
 business) in the State of to-day, which is practically 
 severed from the controlling influence of the Church. 
 Holidays are a general necessity ; not merely a neces- 
 sity for young persons, not merely in factory and quasi- 
 factory industries, but in all industries. 
 
 But England, the greater number of the North 
 American States, Denmark, Holland, Belgium, France 
 and hitherto Germany (with its highly unpractical 
 article § 105, 2, of the Imp. Ind. Code), grant protec- 
 tion of Sunday rest only to their " protected persons," 
 and only in factory and quasi-factory business ; but we 
 must not here forget that there exists also protection 
 of opportunities for religious observances extending
 
 120 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 over nearly the whole area of national industry, which 
 is enforced partly by law and partly by tradition. 
 
 Austria prohibits Sunday employment in all indus- 
 trial work. 
 
 An important extension and equalising of protec- 
 tion of holidays in Europe is projected in the resolu- 
 tions of the Berlin Conference. The resolutions read 
 as follows: '^1. It is desirable, with provision for 
 certain necessary exceptions and delays in any State : 
 (a) that one day of rest weekly be ensured to pro- 
 tected pei'sons ; (h) that one day of rest be ensured to 
 all industrial workers ; (c) that this day of rest be fixed 
 on the Sunday for all protected persons ; {d) that this 
 day of rest be fixed on the Sunday for all industrial 
 workers. 2. Exceptions are permissible (a) in the 
 case of any business which on technical grounds re- 
 quires that production shall be carried on without 
 intermission, or which supplies the public with such 
 indispensable necessaries of life as require to be pro- 
 duced daily ; (b) in the case of any business which 
 from its nature can only be carried on at definite 
 seasons of the year, or which is dependent on the 
 irregular activity of elemental forces. It is desirable 
 that even in such cases as are enumerated in this cate- 
 gory, every workman be granted one out of every two 
 Sundays free. 3. To the end that exceptions every- 
 where be dealt with on the same general method, it is 
 desirable that the determination of such exceptions 
 result from an understanding between the different 
 States." 
 
 The von BerlepscJi Bill ensures a very extensive 
 measure of protection of holidays by the following
 
 PKOTECTION OF INTERVALS OF WORK. 121 
 
 means : it extends the application of provisions § 105a 
 to 105/i. in paragraph 1 of Chapter VII. of the Imp. 
 Ind. Code to all workshop labour^ it strictly limits 
 Sunday work in trade and defines the permissible ex- 
 ceptions : moreover^ it allows of unlimited extension of 
 this kind of protection to all industry by means of an 
 imperial rescript (§ lObg), and finally it foreshadows 
 further protective action in the sphere of common law 
 (105/0. 
 
 The Auer Motion contains a general extension 
 and simplification of protection of holidays (§ 107, 
 1) : " Industrial work shall be forbidden on Sundays 
 and festivals " (with certain specified and strictly 
 defined exceptions). 
 
 Protection of holidays serves to four great ends : 
 religious instruction, physical and mental recreation, 
 family life and social intercourse. Protection of holi- 
 days has to take special measures to meet these four 
 special ends. 
 
 In the first place holidays must be general, for the 
 whole population, in order to allow of instruction in 
 common, and general social intercourse. For this 
 reason even the most " free-thinking " friend of 
 holiday rest will be willing to grant it in the form of 
 Sunday rest and festival days, and will allow it to be 
 so called; in France and Belgium only, as appears 
 from the reports of the Berlin Conference, do diffi- 
 culties lie in the way of allowing protection of holidays 
 to take the form of protection of Sundays and festival 
 days. 
 
 The second end subserved by protection of holidays 
 will be to ensure that only the absolutely necessary
 
 122 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 amount of work shall be performed on Sundays in 
 those industries in which there is only a conditional 
 possibility of devoting the Sunday to recreation, family 
 life^ and social intercourse, especially in carrying- 
 trades, employment in places of amusement and in 
 public houses, in professional business, personal ser- 
 vice, and the like, also in all labours which are socially 
 indispensable. We shall return to this question in 
 Chapter VII. (exceptions to protective legislation). 
 The question now arises whether the religious protec- 
 tion of holidays does not already indirectly serve all 
 the purposes of the necessary weekly rest for labour. 
 This question must be answered in the negative. It 
 is true that this does effect something which Labour 
 Protection as such cannot effect, in that it extends be- 
 yond the workers and enforces rest on the employers 
 also and their families. But it does not ensure to the 
 workers themselves the complete protection necessary, 
 and it does not fulfil all the purposes of protection of 
 holidays. 
 
 The actual condition of affairs in Germany is as 
 follows, according to the '' systematic survey of exist- 
 ing legal and police regulations of employment on 
 Sundays and festivals'^ (Imperial Act of 1885-(3). 
 In one part of Germany the police protection of the 
 Sunday rest is in effect only protection of religious 
 worship. In another group of districts, the suspension 
 during the entire Sunday of all noisy work carried 
 on in public places is enforced, but within industrial 
 estublishraents noisy work is not forbidden. A third 
 group of rules lays down the principle that Sundays 
 and festivals shall be devoted not only to religious
 
 PROTECTION OP INTERVALS OF WORK. 123 
 
 worship and sacred gatherings, but also to rest from 
 labour and business. 
 
 The rules contained in this group apply especially to 
 factory labour, but in many cases also to handicraft and 
 various kinds of trading business, without regard to the 
 question whether the work carried on in such business 
 is noisy or disturbing to the public, exceptions being 
 granted in certain defined cases. This third group 
 of rules is in force in the provinces of Posen, Silesia, 
 Saxony, the Rhine Provinces, Westphalia, the former 
 Duchy of Nassau, and in the governmental district of 
 Stettin, but in all these only with respect to factory 
 work ; also in the former Electorate of Hesse, the 
 Bishopric of Fulda, the province of Hesse-Homburg, 
 and in the town of Cassel ; in Saxony^ Wurtemburg, 
 Mecklenburg Schwerin, Mecklenburg Strelitz, Saxe- 
 Altenburg, Saxe-Coburg-Gotha, Anhalt, Schwartz- 
 burg-Rudolstadt, the old and the new Duchy of Reuss 
 and Alsace-Lorraine. 
 
 A supplementary statistical inquiry into the extent 
 of Sunday work in Prussia (not including districts 
 whose oflScial records could not be consulted) shows 
 that Sunday work is carried on : — 
 
 In wholesale industries : in 16 governmental dis- 
 tricts, by 49'4% of the works, and by 29-8% of the 
 workers. 
 In handicraft business: in 15 governmental districts, 
 by 47-1% of the works, and by 418-% of the 
 workers. 
 In trading and carrying industries : in 29 govern- 
 mental districts, by 77*6% of the employers or 
 companies, and by 57*8% of the workers.
 
 124 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 Hence there can be no doubt as to the necessity 
 in Germany for extraordinary State protection of the 
 Sunday holiday^ by means of protective legislation, 
 applying also to handicraft business and to a part of 
 trading and carrying industry. 
 
 About two-thirds of the employers and three-fourths 
 of the workmen have declared themselves for the prac- 
 ticability of the prohibition of Sunday work, nearly all 
 with the proviso that exceptions shall be permitted. 
 
 The duration of holiday rest practically can in most 
 cases be fixed from Saturday evening till early on 
 Monday morning. 
 
 The von Berlepsch Bill proposes to enforce legally 
 only 24 hours ; the Auer Motion demands 36 hours, 
 and when Sundays and festivals fall on consecutive 
 days, 60 hours. 
 
 The shortening of work hours on Saturday evening 
 in factory industries and in industries carried on in 
 workshops of a like nature to factories is a very neces- 
 sary addition to Sunday rest ; provision must also be 
 made to prevent the work from beginning too early on 
 Monday morning if Sunday protection is to attain its 
 object. The shortening of work hours on Saturday 
 evening is especially necessary to women vvorkers to 
 enable them to fulfil their household duties, and it 
 is necessary to all vvorkers to enable them to make 
 their purchases. England and Switzerland grant pro- 
 tection of the Saturday evening holiday. 
 
 Legislation will not have completed its work of ex- 
 tending protection of holidays, even when the limits 
 have been widened to admit trading business. Further 
 special regulations must be made for the business of
 
 PROTECTION OF INTERVALS OF WORK. 125 
 
 transport and traffic. Switzerland has already set to 
 work in this direction. In Germany, in consequence 
 of the nationalisation of all important means of traffic^ 
 much can be done if the authorities are willing, merely 
 by way of administration. 
 
 We cannot lay too much stress on this question of 
 the regulation and preservation of holiday time by 
 means both of legislative and administrative action. 
 For its actual enforcement it is true the co-operation 
 of the local police magistrates is necessary, but the 
 regulation of this protection ought not to be left in 
 their hands. It must be carried on in a uniform 
 system and with the sanction of the higher adminis- 
 trative bodies. We shall return to this question also 
 in Chapter YII.
 
 CHAPTER VI. 
 
 ENACTMENTS PROHIBITING CERTAIN KINDS OF WORK. 
 
 Besides the mere protective limitations of working' 
 time and of the intervals of work, we have also the 
 actual prohibition of certain kinds of work. Freedom 
 in the pursuit of work being the right of all, and work 
 being a moral and social necessity to the whole popu- 
 lation, prohibition of work must evidently be restricted 
 to certain extreme cases. 
 
 Such pi'ohibition is however indispensable, for there 
 are certain ways of employing labour which involve 
 actual injury to the whole working force of the nation, 
 and actual neglect of the cares necessary to the rear- 
 ing and bringing up of its citizens, and there are 
 certain kinds of necessary social tasks, other than 
 industrial, the performance of which, in the special 
 circumstances of industrial employment, require to 
 be watched over and ensured by special means in a 
 manner which would be wholly unnecessary among 
 other sections of the community. And thus we find 
 a series of prohibitions of work, partly in force 
 already, and partly in course of development. 
 
 1. Prohibition of cJiild-lahonr. 
 
 This is prohibition of the employment of children 
 under 12 years of age (13 in the south), of children
 
 PROHIBITION OF EMPLOYMENT. 127 
 
 under 10 years of age, in factory work (see Book I.). 
 Prohibition of child-labour must not be confused with 
 restriction of child-labour (see Book I.), viz. restric- 
 tion of the labour of children of 12 to 14 years of age, 
 in the south of 10 to 12 years of age. It does not 
 involve prohibition of all employment of children 
 under 12 years of age, such as help in the household 
 or iu the fields. 
 
 The prohibition of child-labour within certain limits 
 is necessary in the interests of the whole nation, for 
 the physical and intellectual preservation of the rising 
 generation, hence it is to the interest also of the 
 employers of industrial labour themselves. 
 
 Special Labour Protection with regard to child- 
 labour is indeed necessary. Ordinary administrative 
 and judicial protection evidently are insufficient to 
 ensure complete security to childhood. Equally in- 
 sufficient are any of the existing not governmental 
 agencies, such as family protection ; the child of half- 
 civilised factory hands and impoverished workers in 
 household industries needs protection against his 
 own parents, whose moral sense is often completely 
 blunted. 
 
 Prohibition of child-labour in factory and quasi- 
 factory industries rests on very good grounds. It is 
 not impossible, not even very improbable, that pro- 
 hibition of child-labour may sooner or later be 
 extended to household industry ; the abuse of child- 
 labour is even more possible here than in factory 
 work ; the possibility is by no means excluded by 
 enforcement of school attendance. But all family 
 industry is not counted as household industry. The
 
 128 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 extension of Labour Protection in general, and of 
 prohibition of child-labour in particular, to household 
 industry, raises difficulties of a very serious kind when 
 it comes to a question of how it is to be enforced. 
 
 In the main, prohibition of child-labour will have 
 to be made binding by legislation. In its eventual 
 extension to household industry, the Government will 
 however have to be allowed facilities for gradually 
 extending its methods of administration. 
 
 The task of superintending the enforcement of 
 prohibition will in the main be assigned to the 
 Industrial Inspectorate. The oldest hands in any 
 business, the "Labour Chambers,^' and voluntary 
 labour-unions, will moreover be able to lend effectual 
 assistance to the industrial inspector or to a general 
 labour-board. The factory list of young workers may 
 be used as an instrument of administration. 
 
 In Germany childhood is protected until the age 
 of 12 years. The extension of prohibition of child - 
 labour to the age of 14 years in factory and quasi- 
 factory business, is, however, in Germany probably 
 only a question of time. The Auer Motion in re- 
 gard to this represents the views of many others 
 besides the Social Democrats. Switzerland, as I 
 have shown, has already conceded this demand, 
 claimed on grounds of national health. The im- 
 pending Imp. Ind. Code Amendment Bill places the 
 limit at 13. 
 
 An internationally uniform advance towards this 
 end by the equalisation of laws affecting the age of 
 compulsory school attendance, would certainly be 
 desirable.
 
 PKOHIBITION OF EMPLOYMENT. 120 
 
 The widest measure of protection of cliildren is 
 contained in the Austrian legislation, wliicli decrees 
 in the Act of 1885, that until the age of 12 years 
 children shall be excluded from all regular industrial 
 work, and until the age of 14 years, from factory 
 work : '^ Before the completion of the 14th year, no 
 children shall be employed for regular industrial work 
 in industrial undertakings of the nature of factory 
 business ; young wage-workers between the comple- 
 tion of the 14th and the completion of the IGth year 
 shall only be employed in light work, such as shall 
 not be injurious to the health of such workers, and 
 shall not prevent their physical development/' 
 
 The resolutions of the Berlin Conference recom- 
 mended the prohibition of employment in factories of 
 children below the age of compulsory school attend- 
 ance. 
 
 Resolution III. 4 requires : " That children shall 
 previously have satisfied the requirements of the 
 regulations on elementary education." 
 
 Exclusion of child-labour extends beyond the 
 general inferior limit of age, in individual cases 
 where the employment of children is made conditional 
 on evidence of their health, as in England. And here 
 the medical certificate of health comes in as a special 
 instrument of administration in Labour Protection. 
 
 In certain kinds of business, prohibition of child- 
 labour extends beyond the general inferior limit o*' 
 ao-e. England has led the way in such prohibitio'ii, 
 excluding by law the employment of children below 
 the age of 11 years in the workrooms of certain 
 branches of industry, e.g. wherever the polishing of 
 
 K
 
 130 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 metal is carried on; of childreu below the age of l^ 
 years, in places where dipping of matches and dry 
 polishing of metal is carried on ; of girls below the 
 age of 16 years, in brick and tile-kilns, and salt 
 works (salt-pits, etc.) ; of children below the age of 
 14 years, and girls below the age of 18 years, in the 
 melting and cooling rooms in glass factories ; of 
 persons below the age of 18 years in places where 
 mirrors are coated with quicksilver, or where white- 
 lead is used. 
 
 2. Prohibition of employment in occupations danger- 
 ous to health and morality. 
 
 Such prohibition seems necessary in all industrial 
 trades. It is however difficult to enforce it so 
 generally, and hitherto this has not been accomplished. 
 
 The Imperial Industrial Code in the vo)i Berlepsch 
 Bill (cf. resolutions of the Berlin Conference, Chap. 
 IV. 4, and V. 4) admits an absolute prohibition of all 
 female and juvenile labour, under sanction of the local 
 authorities (§ 139 a 1.) : "The Bundesrath shall be 
 empowered to entirely prohibit or to allow only under 
 certain conditions, the employment of women and 
 young workers in certain branches of factory work, 
 in which special dangers to health and to morality 
 are involved." The same Bill (§ 154, 2, 3, 4) extends 
 such prohibition over the greater part of the sphere 
 of quasi-factory business. 
 
 The last aim of protection of health — the exclusion 
 of such injurious methods of working as may be 
 replaced by non-injurious methods in all industrial 
 work, and for male workers as well as for women and 
 children — must be attained by progressive extension
 
 PROHIBITION OP EMPLOYMENT. 131 
 
 of that administrative protectioa to which the von 
 Berlepsch Bill opens the way for quasi-factory labour 
 (§ 151). It would be difficult to carry out in any 
 other way the Auer Motion, for the '^ prohibition of 
 all injurious methods of working, wherever non- 
 injurious methods are possible. "" 
 
 The genei'al principle of prohibition might be laid 
 down by law, and the enforcement of such prohibition, 
 by order of a Supreme Central Bureau of Labour 
 Protection, might be left to the control of popular 
 representative bodies and to public opinion. Special 
 legal prohibition, with regard to certain defined 
 industries and methods of work injurious to health, 
 would not be superfluous in addition to general pro- 
 hibition; such special prohibition is already in force 
 to a greater or less degree. 
 
 The success of the prohibition in question depends 
 on the good organisation of Labour Protection in 
 matters of technique and health; on the efficiency of 
 local government organs, as well as of the Imperial 
 Central Bureau, and on the impulse given by the more 
 important representative organs of the labouring 
 classes. All these organs need perfecting. Special 
 prohibition needs the assistance of police trade- 
 regulations in regard to instruments and materials 
 dangerous to health. 
 
 The work that has already been done in the way of 
 protection of morality by prohibition is not to be 
 under-valued, although much still remains to be done. 
 No sufficient steps have as yet been taken to meet 
 that very hateful and insidious evil so deeply harmful 
 to the preservation of national morality, viz. the
 
 132 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 public sale and advertisement of preventives in sexual 
 intercourse, such as unfortunately so frequently appear 
 in tlie advertising columns of newspapers, and in 
 shop ■windows. This is not merely a question of 
 protecting the morality of those engaged in the 
 production and sale of such articles, but also of pro- 
 tecting the morality of the whole nation, maintaiuiug 
 its virile strength, and to some degree also preserving 
 it from the dangers to the growth of population, 
 incidental to an advanced civilisation. The powers at 
 present vested in the police and magistrates to deal 
 with offences against morals would probably be 
 sufficient to stamp out this moral canker that is eating 
 its way even into Labour Protection, without the 
 scandal of legislation. But it is not by ignoring it 
 that this can be accomplished. 
 
 The intervention of the State as regards Labour 
 Protection in such factory and quasi-factory work as 
 is dangerous to health and decency, is doubtless 
 justified in its extension to household industry and 
 trading industry of the same kind ; for neither is the 
 moral character of the generality of employers and 
 heads of commercial undertakings sufficiently perfect, 
 nor are the discretion and self-protection of the 
 workers sufficiently strong and widespread to render 
 State protection unnecessary and voluntary protection 
 sufficient. 
 
 3. Fruliihition of factor y work for married ivomen, 
 or at least vwtliers of fa ui 'dies. 
 
 This is a specially useful measure of protection. 
 Modern industrial work lias done a great injury to the 
 family vocation of the woman, ami thereby to family
 
 PROHIBITION OF EMPLOYMENT. 133 
 
 life ; non-governmental agencies of Labour Protection^ 
 in its widest sense, have not been able to prevent this 
 evil. 
 
 But the exclusion of wives and mothers from all 
 industrial work, or from earning money in any kind 
 of domestic occupation, would be far too extreme a 
 measure. Certain industrial work has always fallen 
 to the share of the female sex, and the absolute 
 prohibition of female employment in any kind of 
 industrial work would render large numbers of 
 persons destitute, especially in the towns, and would 
 thereby expose them to moi'al dangers and tempta- 
 tion. 
 
 The organs and instruments of administration for 
 the protection of married women in factory and quasi- 
 factory work, would be the same as for all other 
 branches of protection of employment of women and 
 young workers. 
 
 Prohibition of factory work for married women is 
 advocated in the most decisive manner by Jules 
 Simon, von Ketteler, and Hitze. Even the chief objec- 
 tion to such protection — the danger of the diminution 
 of worker^s earnings, tempting them to seek immoral 
 means of livelihood — is combated in the most re- 
 markable and convincing manner by Hitze. This 
 worthy Catholic writer meets the consideration of 
 the loss of the factory earnings of women, with the 
 counter-considerations of the depression of wage 
 caused by the competition of female 1-abour, and of the 
 waste of money at public houses and on luxuries that 
 takes place in such families as are left without a 
 housewife or mother. We must be ready to make
 
 134 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 great sacrifices in the attainment of so great an 
 object^ for no less important a matter is at stake than 
 the restoration of the family life of the whole body of 
 factory labourers. 
 
 Only we must be under no delusion as to the 
 difficulties of the immediate and complete enforcement 
 of the prohibition. The adaptation of motor-machinery 
 to use in the house, enabling the waofe-earner to 
 remain at home, might perhaps render it practically 
 possible to carry out the prohibition in question. 
 
 It would also be necessary that the measures taken 
 should be internationally uniform, so that separate 
 national branches of industry might not suffer. A 
 practical solution of the problem can only be arrived 
 at after a careful collection of international statistics 
 as to the married women and mothers employed in 
 factory and quasi-factory work. Here especially, if 
 in any department of Labour Protection, does the 
 State requii-e the support of the influence of the 
 Churches, and of the organised, simultaneous, inter- 
 national agitation of the Churches in furtherance of 
 this object. Whoever reads the above-mentioned 
 writings — Hifzc's pamphlet gives extracts from the 
 powerful writings of Jules Simon and von Ketteler — 
 will derive therefrom some hope of the final success 
 of Labour Protection in one of its most important 
 future tasks. In the present situation of affairs I 
 know of nothing which can shake the validity of 
 Jfitze's conclusions. 
 
 In the meantime, restriction of employment of all 
 female factory labour to 10 hours, as proposed by the 
 commission appointed by the German Reichstag (see
 
 PEOHIBITION OF EMPLOYMENT. 135 
 
 below), must be welcomed as an important step in 
 advance. Ilitzc remarks : " The first condition of all 
 social reform is the establishment of family life on a 
 sound and secure basis. But how is this possible, so 
 long as thousands of married women are working 
 daily in factories for 11 and 12 hours, and are absent 
 from their homes for still longer ? Can domestic 
 happiness and contentment flourish under such cir- 
 cumstances ? And is the danger any less because 
 concentrated in defined districts ? For example, in 
 the inspectoral district of Bautzen, in 1884, nearly 
 5,000 women were drawn away from their family life 
 by factory work. No extended mid-day interval is 
 granted to married women, so far as information on 
 this point is to be obtained. Is it merely accidental 
 that wherever employment of children is customary, 
 there also the work of the mothers is more frequent ? 
 And must not the man's earnings be lessened if the 
 wife and child are allowed to compete with him ? 
 And is it merely accidental that Saxony, which is 
 precisely the place where female and child labour is 
 most largely employed, should also be the special 
 haunt and stronghold of Social Democracy ? Have 
 we any right to reproach the Social Democrats with 
 causing the destruction of family life, if we show our- 
 selves indifferent to the actual loosening of family ties 
 through the regular and excessive work in factories of 
 housewives and mothers? Ought we to delay any 
 longer in appealing to legislation, when the dangers 
 are so pressing ? What will become of the youth 
 and future of our people if such conditions become 
 normal ? And in fact, unless legislation interferes,
 
 136 THEORY AND POLICY OF LABOUE PROTECTION. 
 
 the number of fectory women and of factory children 
 will increase^ not decrease. What a prospect ! " 
 
 Separation of the sexes in the workrooms wherever 
 possible, special rooms for meals and dressing, and 
 provision for education in housewifery, are measures 
 which are all the more urgent, if we grant the im- 
 possibility of altogether excluding women from factory 
 work. This further protection is above all necessary 
 for girls. 
 
 4. Prohibition of the employment of women during 
 the 'period immediately succeeding child-hirth. 
 
 Whilst prohibition of factory work for wives and 
 mothers is of the first importance for the protection of 
 family life, exemption from work during the period 
 immediately succeeding child-birth of all women en- 
 gaged in factory and quasi-factory employments, is a 
 measure that is necessary for the health of the mother 
 and the nurture of the newly-born. 
 
 The exclusion of pregnant women from certain occu- 
 pations is another important question ; the Confederate 
 Factory Act leaves this in the power of the Biindcs- 
 nifh. 
 
 Prohibition of the employment of nursing mothers 
 in factories is a measure that has long received recog- 
 nition in some countries, and lately it has become 
 general. 
 
 The resolutions of the Berlin Conference demand 
 that the protection should cover a period of 4 weeks ; 
 Switzerland already grants protection for 8 weeks, 
 a period whicii is recommended in Germany by the 
 Auer Motion ; the von Berlepsch Bill proposes 4 
 weeks (instead of 3 weeks as hitherto appointed by
 
 PEOHIBITION OF EMPLOYMENT. 137 
 
 the Imp. lud. Code) ; the Reichstag Commission pro- 
 posed 6 weeks, aud this will probably be the period 
 adopted. 
 
 If it were necessary to enforce exemption from 
 work after childbirth for all women eno^afjed in in- 
 dustrial wage-labour, even this would scarcely be 
 found to be attended with insuperable difficulties. 
 
 The Auer Motion on this point receives no notice 
 in the von Berlepsch Bill. 
 
 It would be preferable in itself for such exemption 
 to become general even for factory women, without 
 special protective intervention from the State. But 
 under the existing moral and social conditions legal pro- 
 hibition of employment can hardly be dispensed with. 
 
 The measure may be carried out by the help of the 
 official birth-list, or of a special factory list of nursing 
 mothers. The industrial inspector will not be able to 
 do without the help of the workers themselves. 
 
 The economic difficulties of the question are partly 
 met in Germany by the existing agency of Insurance 
 against sickness for all factory workers, which grants 
 assistance during the period of Ijing-in, as during 
 sickness. The means of help provided by the family 
 and the club have to supply the additional assistance 
 necessary for the nursing period. 
 
 The granting of state assistance to women during 
 the lying-in period, without which exemption from 
 work would be a questionable benefit, is vigorously 
 opposed by some on grounds of morality as likely to 
 promote the increase of illegitimate births, and by 
 others from the point of view of the population 
 question.
 
 188 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 The question was brougbt before the German Reichs- 
 tag, on the representation of Saxony, in 1886. Peti- 
 tions from twenty-one district sick clubs in the chief 
 district of Zwickau demanded the withdi-awal of the 
 legal three weeks assistance of unmarried women after 
 childbirth, on the ground that this was calculated to 
 promote an increase in the number of illegitimate 
 births. The petitions were accompanied by statistics 
 of each club showing that the funds were actually 
 called in to assist more unmarried than married 
 women. No information however was given as to 
 the proportion between married and unmarried women 
 members of the club, an omission which rendered the 
 statistics worthless. Moreover the conditions existing 
 in Zwickau are hardly typical of German industry as a 
 whole. 
 
 A general collection and examination of statistics 
 of sick funds must be made, and possibly the neces- 
 sary information may be obtained by comparison of 
 the numbers of births during the periods before and 
 since the introduction of Insurance against sickness, 
 and especially in such districts as had no free clubs, 
 before the introduction of Insurance, for tlie assistance 
 of women after child-birth. 
 
 Probably it will be found that the increase in the 
 number of illegitimate births is not due to the assist- 
 ance granted after child-birth by tlie official sick fund, 
 if we take into consideration that in the district men- 
 tioned the assistance granted during the three weeks 
 only amounted to from 7 to 12 marks, generally to 
 less than 10 marks. " If,^' says Hitze, "the meagre 
 sum of the assistance granted could lead to an increase
 
 PEOHIBITION OF EMPLOYMENT. 139 
 
 of illegitimate births, this fact would be more shocking 
 than the number itself." I take it that the root of the 
 evil lieSj not in the lying-in- fund, but in the destruc- 
 tion of family life and sexual morality by the employ- 
 ment of women in factories. 
 
 5. Prohibition of emj)loyment of women and children 
 in work underground. 
 
 This prohibition i's claimed in the interests of family 
 life, of morality, and of the care of the weaker por- 
 tion of the working class. 
 
 The enforcement of this prohibition comes within 
 the province of the police in the mining districts, and 
 of the industrial inspectorate. 
 
 But it is probably best that it should be legally 
 formulated. 
 
 The extension of the prohibition to all women is re- 
 commended generally in the resolutions of the Berlin 
 Conference, and the work has already been commenced 
 in the von BerlepscJi Bill. 
 
 The enforcement of the measure will meet with 
 some difficulties in the mines of Upper Silesia, but it 
 will also remedy serious evils. 
 
 The force of public opinion is insufficient to prevent 
 the employment of women in work underground. The 
 very necessary demand for prohibition of employment 
 of women in work on high buildings, follows on the 
 prohibition of their employment underground. Such 
 employment is almost completely excluded by custom.
 
 CHAPTER YU. 
 
 EXCEPTIONS TO PROTECTIVE LEGISLATION. 
 
 All prohibition of employtneut aud limitations of em- 
 ployment are apparently opposed to the interests of 
 the employers. As long as they are kept within just 
 limits, however, this will not be true generally or in 
 the long run. 
 
 The just claims of Capital may be protected by ad- 
 mitting carefully regulated exceptions ; but wherever 
 and in so far as employment is opposed to the higher 
 personal interests of the whole population, Capital 
 must submit to the restrictions. 
 
 As regards the exceptions, these are in part regular 
 or ordinary, in part irregular or extraordinary. We 
 find examples of both kinds alike in the legislation for 
 restricting the time of working aud in legislation for 
 protecting intervals of rest. 
 
 OrdiiKirii exceptions to prohibition of employment 
 consist mainly of permission by legal enactment in 
 certain specified kinds of industrial work, of a class 
 of labour which is elsewhere prohibited, v.ij. night 
 work for women and young workers. Tlie greater 
 number of cases of prohibition of employment appear 
 in the inverse form of exceptions to pernnssiou of 
 employment. 
 
 140
 
 EXCEPTIONS TO PROTECTIVE LEGISLATION. 141 
 
 Ordinary exceptions to restriction of employment 
 are provided for partly by legislation, partly by 
 administration, i.e. partly by the Government, partly 
 by the district or local officials. 
 
 Wherever in the interests of industry it is impossible 
 to enforce the ordinary protection of times of labour 
 and hours of rest, this is made good to the labourer 
 by the introduction of several (two, three, or four) shifts 
 taking night and day by turns, so that an uninter- 
 rupted continuance of work may be possible without 
 any prolonged resting time either in the day or in the 
 night; moreover, the loss of Sunday rest can be com- 
 pensated by a holiday during the week. 
 
 Extraordinary exceptions occur chiefly in the follow- 
 ing cases : {a) where work is necessary in conse- 
 quence of an interruption to the regular course of 
 business by some natural event or misfortune ; [h) 
 where work is necessary in order to guard against 
 accidents and dangers ; (c) where work is necessary 
 in order to meet exceptional pressure of business. 
 
 Exceptions to jirotedion of holidays. 
 
 These exceptions are so regulated that in certain 
 industries holiday work is indeed permitted but com- 
 pensation is supplied by granting rest on working 
 days. The exceptions provided for by the Berlin 
 Conference have already been given. The von Ber- 
 lepsch Bill admits, if anything, too many exceptions. 
 The Auer Motion permits holiday work in traffic 
 business, in hotels and beer houses, in public places 
 of refreshment and amusement, and in such indus- 
 tries as demand uninterrupted labour ; an unbroken
 
 142 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 period of rest for 36 hours in the week is granted 
 in compensation to such workers as are employed on 
 Sunday. 
 
 Switzerland wishes to give compensation in protec- 
 tion of holidays in railway, steamship and postal ser- 
 vice, by granting free time alternately on week days 
 and Sundays, so that each man shall have 52 free 
 days yearly, of which 17 shall be Sundays. 
 
 Exceptions to prohibition of night icorJc. 
 
 The Imp. Ind. Code Amendment Bill (§ 139a, 2, 3) 
 admits ordinary and extraordinary exceptions. The 
 Auer Motion does not entirely exclude such excep- 
 tions, as it provides exceptions in traffic business and 
 such industries as "^from their nature require night 
 work." We cannot here enter into details as to the 
 rules on the limitations of exceptions, and as to the 
 euforcement of those rules. 
 
 Exceptions to the maximum working-da ij. 
 
 Overtime : Extraordinarn exceptions to an enforced 
 maximum working-day consist in permission of over- 
 time ; ordinanj exceptions consist in the employment 
 of children, women and men, in certain kiuds of busi- 
 ness, for a longer time than is usual (see Chapter V.). 
 
 The von Bcrlcpsch Bill assumes a very cautious atti- 
 tude in the matter of overtime. Extraordinarij excep- 
 tions in the case of pressui'e of business are provided 
 for as follows : " In cases of unusual pressure of work 
 the lower courts of administration may, on appeal of 
 the employers, permit, during a period of 11 days.
 
 EXCEPTIONS TO PROTECTIVE LEGISLATION. 143 
 
 the employment of women above the age of 16 years 
 until 10 o'clock in the evening on every week-day, 
 except Saturday, provided that the daily time of work 
 does not exceed 13 hours. Permission to do this 
 may not be granted to any employer for more than 40 
 days in the calendar year. The appeal shall be made 
 in writing, and shall set forth the grounds on which 
 the permission is demanded, the number of female 
 workers to be employed, tlie amount of work to be 
 done, and the space of time required. The decision 
 on the appeal shall be given in writing. On refusal 
 of permission the grievance may be brought before 
 a superior court. In cases in which permission is 
 granted, the lower court of administration shall draw 
 up a specification in which the name of the employer 
 and a copy of the statements contained in the written 
 appeal shall be entered." 
 
 The Auer Motion sets the narrowest limits to ad- 
 mission of overtime, permitting it only in case of 
 interruption of work through natural (elemental) 
 accidents, and then only permitting it for 2 hours at 
 the most for 3 weeks, and only with consent of the 
 '' labour-board." 
 
 Both in regulation and administration all these ex- 
 ceptions to protective legislation should be dealt with 
 in a very guarded manner. Moreover they must be 
 enforced on a uniform and widely diffused system, 
 and they ought to afford a real protection to the fair 
 and just employer against his more unscrupulous 
 competitors.
 
 141 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 Both these coasiderations — the strict limitation and 
 uniform administration required for these exceptions 
 — render it imperative that the regulation by law- 
 should be, so far as practicable, very cai'eful and 
 minute. Moreover it is requisite that the principle 
 on which the administration has to act in dealing 
 with exceptions shall be laid down as definitely as 
 possible, and further that protective enactments shall 
 be interpreted in a uniform manner by the organs of 
 local government (Bundesrath), and finally that there 
 should be general uniformity of method, both in the 
 instructions given and in the supervision exercised by 
 the intermediate courts of Labour Protection to the 
 local authorities. 
 
 Much may be done in the way of effectual limitation 
 of exceptions by dealing individually with the separate 
 kinds of employment, in the matter of Sunday rest and 
 alternating shifts. In the Diisseldorf district it has 
 been proved by experience that by specialising the 
 exceptions, Sunday rest may be granted to a large 
 percentage of the workmen even in the excepted in- 
 dustries themselves (gas works, brick and tile kilns, 
 etc.). 
 
 The special instruments of administration for the 
 regulation of exceptions to this kind of protection are 
 the certificate of permission, the entry in the register 
 of exceptions, and the public factory rules. 
 
 The industrial inspector is entrusted with the super- 
 vision of the exceptions ; but the assistance of the 
 employer is very desirable, and is frequently ollored, 
 as it is to his interest that the application shall be 
 just and uniform.
 
 EXCEPTIONS TO PEOTECTIVE LEGISLATION. 145 
 
 The central uuion of embroiderers ia East Switzer- 
 land and the Vorarlberg district, ejj. which was formed 
 in 1855, and which now includes nearly all the houses 
 of business, supervises the strict adhesion to the 1 1 
 hours rule, by sending special inspectors into the most 
 remote mountain districts, and imposing fines for 
 non-observance to the amount of from 200 to 300 
 francs {Ilitze).
 
 CHAPTER VIIL 
 
 PROTECTION IN OCCUPATION, PROTECTION OF TRUCK AND 
 CONTRACT. 
 
 (A) Frotoction in occupation. 
 Protection in occupation is directed towards the per- 
 sonal, bodily and moral preservation of wage- earners 
 against special risks incurred daring the performance 
 of their work. Protection in occapation is already 
 afforded to a certain degree by Labour Insurance, in 
 the form of Insurance against accidents and sickness. 
 
 The bodily and moral preservation of those engaged 
 in business forms no new department of Labour Pro- 
 tection. It has long been more or less completely 
 provided for by the Industrial Regulations and by 
 special labour protective legislation in almost all 
 civilised countries. 
 
 Protection in occupation is afforded by the enact- 
 ments dealing witii dangerous occupations, with the 
 regulations of business, with the management of busi- 
 ness, with the workrooms and eating and dressing 
 rooms, and with the provision of lavatories. In the 
 Imp. Ind. Code Amendment Bill the task of pro- 
 tection in occupation is formulated thus: "§ 120(7, 
 Employers of industry shall be bound so to arrange
 
 PEOTECTION IN OCCUPATION. 147 
 
 and keep iu order their workrooms, business plant, 
 machinery and tools, and so to regulate their busi- 
 ness, that the workers may be protected from danger 
 to life and health, in so far as the nature of the 
 business may permit. Special attention shall be 
 paid to the provision of a sufficient supply of light, 
 a sufficient cubic space of air and ventilation, the 
 removal of all dust arising from the work and of all 
 smoke and gases developed thereby ; and care must 
 be taken in case of accidents arising from these 
 causes. Such arrangements shall be made as may 
 be necessary for the protection of the workmen 
 against dangerous contact with the machines or [jarts 
 of the machinery, or against other dangers arising 
 from the nature of the place of business, or of the 
 business itself, and especially against all dangers of 
 fire in the factory. Lastly, all such rules shall be 
 issued for the regulation of business and the conduct 
 of the workers, as may be necessary to render the 
 business free from danger. 
 
 " § 120&. Employers of industry shall be bound to 
 make and to maintain such arrangements and to issue 
 such rules for the conduct of the workers as may be 
 necessary to ensure the maintainance of good morals 
 and decency. And, especially, separation of the sexes 
 in their work shall be enforced, in so far as the nature 
 of the business may permit. In establishments where 
 the nature of the business renders it necessary for the 
 workers to change their clothes and wash after their 
 work, separate rooms for dressing and washing shall be 
 provided for the two sexes. Such lavatories shall be 
 provided as shall suffice for the number of workers.
 
 148 THEOET AND POLICY OF LABOUR PEOTECTION. 
 
 and shall fulfil all requirements of healtli, and tliey 
 shall be so arranged that they may be used without 
 offence to decency and convenience. 
 
 "§ 120c. Employers of industry who engage workers 
 under 18 3'ears of age shall be bound, in the arrange- 
 ment of their places of business and in the regulation 
 of their business, to take such special precautions for 
 the maintenance of health and good morals as may be 
 demanded by the age of the workers. 
 
 "§ 120J. The police magistrates are empowered to 
 enforce by order the carrying out in separate establish- 
 ments of such measures as may appear to be necessary 
 for the maintenance of the principles laid down ia 
 § 120 to § 120c, and such as may be compatible with 
 the nature of the establishment. They may order that 
 suitable rooms, heated in the cold season, shall be 
 provided free of cost, in which the workers may take 
 their meals outside the workrooms. A reasonable de- 
 lay must be allowed for the execution of such orders, 
 unless they be directed to the removal of a pressing 
 dansrer threateninor life or health. In establishments 
 already existing before the passing of this Act only 
 such orders shall be issued as may be necessary for 
 the remiovals of grave evils dangerous to the life, 
 health or morals of the workers, and only such as 
 can be carried out without disproportionate expense : 
 but this shall not apply to extensions or outbuildings 
 liereafter added to the establishment. Appeal to a 
 higher court of administration may bo made within 
 3 weeks by the employer. 
 
 "§ 120c. By order of the Bundesrath directions 
 may be issued showing what requirements may bo
 
 PROTECTION IN OCCUPATION. 14.9 
 
 necessary Iq certain kinds of establishments, for the 
 maintenance of the principles laid down in §§ I'lOa to 
 120e. Where no such directions are issued by order 
 of the Bundesrath, they may be issued by order of 
 the Central Provincial Courts, or by police regulations 
 of the courts empowered with such authority, under 
 § 81 of the Accident Insurance Act of July Gth, 
 1884.'' 
 
 This formulary may be considered specially success- 
 ful and almost conclusive. 
 
 The insertion of the foregoing clauses in the general 
 portion of chap. vii. of the Imp. Ind. Code Amend- 
 ment Bill ensures such protection in occupation as 
 is adequate to all necessities of life, to the whole 
 body of industrial work included within the sphere 
 of the Industrial Code. 
 
 One item of Labour Protection in occupation might 
 be supposed to consist in guarding against over-exer- 
 tion, by means of the abolition of piece-work and 
 "efficiency wage." But this claim, in so far as we 
 find it prevailing in the Labour world, is made more 
 on grounds of wage policy than as a necessary mea- 
 sure of protection. The economic advantages to the 
 workers themselves of these methods of payment are 
 so great that the abolition of ''efficiency wage" is 
 not, I think, required either on grounds of wage 
 policy or of protective policy. We must, however, 
 pass over the consideration of this question, whilst 
 admitting that there is still a great deal to be done in 
 this direction by means of free self-help and mutual 
 help. 
 
 (B) Prutectioii of intercourse in service, Truck Protec- 
 tion ill particular.
 
 150 THEOEY AND POLICY OF LABOUE PEOTECTION. 
 
 To protection in occupation must be added — as a 
 last measure of the protection of labour against 
 material dangers — protection of the wage- worker in 
 his personal and social intercourse outside the limits 
 of his business with the employer and his family, and 
 with the managers and foremen. In default of a 
 better term, we have called this protection of inter- 
 course in service. 
 
 Outside the actual performance of his work, the 
 wage-worker is threatened by special dangers which 
 can only be averted by extraordinary intervention of 
 the State. These dangers affect the person and do- 
 mestic life of the wage-worker. 
 
 Apprentices especially, and all wage-earners living 
 in the same house as the employer, are liable from 
 their position as the weaker party, to intimidation, 
 ill-treatment, and neglect. Provision is made against 
 such dangers by the ruling of the Industrial Regula- 
 tions on the relations of journeymen and apprentices 
 to business managers and employers. 
 
 Special protection has long been afforded in the 
 social relations between the servant on the one side, 
 and the employer and his family on the other. This 
 takes the form of protection against usury, against 
 exploitation of dependents, especially if they are 
 ignorant and inexperienced. This protection in social 
 relations may also be called — involving as it does, 
 in by far the largest proportion of cases, protection 
 against undue advantage derived from payment in 
 kind — " Truck Protection.^' 
 
 The usury in question may take the form of a profit 
 in the wiiy of service, or cxpbjitaiinn of the workman.
 
 TRUCK PROTECTION. 151 
 
 by forcing bim to perform work outside the agreement 
 as well as the work of the business, or instead of 
 it; or agaiuj it may be profit on payment, derived 
 from payment of wages in coin or kind ; or it may 
 be profit on credit, loan, hire and sale, derived by 
 compelling the workman to enter into disadvantage- 
 ous transactions in borrowing, contracting, and hir- 
 ing, and by requiring him to purchase the necessaries 
 of life at certain places of sale where exorbitant prices 
 are demanded for inferior goods. 
 
 To prevent the employer from gaining such unfair 
 advantage over the '' members of his family, his as- 
 sistants, agents, managers, overseers, and foremen,^' 
 the German Industrial Code has long since interfered 
 by ordering payment in coin of the realm, by pro- 
 hibiting credit for goods, and by limiting to cost 
 price the charges for necessaries of life, and of work 
 supplied (including tools and materials). Any agree- 
 ments for the appropriation of a part of the earn- 
 ings of the wage-worker for any other purpose than 
 the improvement of the condition of the worker or 
 his family shall be declared null and void. The Auer 
 Motion demands also that " compulsory contributions 
 to so-called * benefit clubs ' (savings banks attached 
 to the business) shall be prohibited." 
 
 This form of protection, which I have called protec- 
 tion of intercourse, is extended to all kinds of indus- 
 trial work, as is also the case Avith protection in 
 occupation, though not with protection by limitations 
 of employment. In Germany this extension is effected 
 by incorporating in the general portion of chap. vii. 
 of the Imp. Ind. Code Amendment Bill the rules for
 
 152 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 protection iu occupation and protection against usury, 
 and also by including non-manufacturing (§ 134) as 
 well as manufacturing work in the rules of the Indus- 
 trial Regulations against personal ill-treatment and 
 neglect. 
 
 Hitherto no special courts have been appointed for 
 the administration of protection of intercourse, which 
 has been left generally to the ordinary administration 
 and especially to the judicial courts. In other cases it 
 is left to the industrial courts of arbitration of the 
 first and second instance rather than to the industrial 
 inspectors. But extraordinary protection is afforded 
 by special rulings of common law on illegal agree- 
 ments, on nullity of agreement, on escheat of con- 
 tributions to savings banks made in defiance of 
 prohibition, on fiiilures to complete contracts of 
 apprenticeship and service, etc., etc. 
 
 The Imp. Ind. Code provides protection of inter- 
 course in the business of household industry also, in 
 the ruling of the second clause of § 119. The use- 
 fulness of this ruling depends indeed on the improve- 
 ment of the organisation of Labour Protection which 
 is still imperfect and insufficient in its application to 
 household industry. The compulsory and voluntary 
 assistance of the employers and their commercial 
 agents, with or without control by the industrial in- 
 spector, is the aim towards which attention must be 
 directed for the further development of protection 
 of intercourse in household industry. The above- 
 mentioned central union of workers in the em- 
 broidery industry in East Switzerland, which is for 
 the most p;irt houi^ehold industry, shows what may bo
 
 PEOTECTION OF THE STATUS OF LABOUR. 153 
 
 done bj voluntary unions in the way of protection 
 within the sphere of household industry. One in- 
 spector says : " The computation of the amount of 
 embroidery done, i.e. the basis for the calculation 
 of wages, is determined ; the relations between the 
 "middleman," the employer and the workers are 
 regulated ; and a place of sale is provided for all work 
 rejected by the employer on account of alleged imper- 
 fections. The classification of patterns — i.e. the fair 
 graduation of wages according to the ease and rapidity, 
 the greater or less trouble and expense with which 
 the pattern is executed — has for a long time been one 
 of the main objects of the union, ''^ 
 
 (C) Protection of the status of the ivorki)ian [protec- 
 tion of agreement , 'protection of contract). 
 
 The term protection of contract must here be 
 understood in a wider sense than in that of a mere 
 guarantee of freedom of contract, and judicial protec- 
 tion of labour contracts ; hence I have called it pro- 
 tection of the status of the workman. 
 
 This protection of the status of labour includes a 
 multifarious collection of existing measures of protec- 
 tion, and impending claims for protection which we 
 may regard as falling under three heads : protection 
 of engagement and dismissal, protection against abuse 
 of contract, and protection in fulfilment of contract. 
 
 1. Protection of engagement and dismissal. 
 
 By protection of engagement we mean protection 
 of the worker against hindrances placed in the way of 
 admittance into service; it is protection in the making 
 and carrying out of agreements, partly protecting the 
 workman against unjust loss of character, and partly
 
 154 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 giving him the I'ight to claim a character. Protection 
 against loss of character might further be divided into 
 protection against defamation by individuals — foremen 
 or employers — and protection against defamation by 
 combinations of employers. 
 
 The Labour world claims protection against loss of 
 character in the demand for the abolition of the labour 
 log, and in Germany where the general log is not 
 used, in the demand for the abolition of the young 
 workers' log which, however, is still recommended by 
 many from considerations that have no connection 
 with depreciation of work. 
 
 Wherever the labour log is still used, protection 
 against loss of character has long been afforded by 
 prohibition of entries and marks which would be pre- 
 judicial to success in obtaining fresh employment. 
 
 Protection is demanded, but as yet nowhere granted, 
 against defamation by combination of employers, of 
 workmen who have made themselves disliked, against 
 black lists, circulars, etc. The penalties of such de- 
 famation by combination in the Auer Motion are 
 directed against employers and employers only, aU 
 thougli in point of fact there are not infrequent cases 
 of combinations among workmen for the defamation 
 of employers. The Motion runs thus: " (§ 15o) \\4io- 
 ever shall unite with others against any worker be- 
 cause he has entered into agreements or lias joined 
 unions, and shall endeavour to prevent him from 
 obtaining work, or shall refuse to employ him, or 
 shall dismiss him from work, shall bo punished by 
 imprisonment for three months." 
 
 Another fragment of protection of engagement has
 
 PROTECTION OF THE STATUS OF LABOUR. 155 
 
 long existed in the penalties attached to certain in- 
 fringements of the right of combination, with reci- 
 procity of course for the employers (cf. § 153 Imp. 
 Jnd. Code.) 
 
 The guarantee of testimonials has long been afforded 
 — and has met with no opposition — as a means of pro- 
 tection agaiust defamation by individual employers. 
 
 Side by side with protection of engagement we have 
 protection in quitting service. 
 
 Special protection in quitting service — bej^ond the 
 ordinary administrative and judicial protection of 
 labour contract against unjust dismissal — consists 
 partly of : protection in dismissal from service, i.e. 
 against expulsion by the employer, and partly, of pro- 
 tection in voluntarily quitting service, i.e. quitting 
 service for special reasons. Both these measures are 
 applied to the whole of industrial wage labour, and 
 have hitherto generally been enforced by the regular 
 courts of justice and administration, by application, 
 however, of special rulings of industrial legislation on 
 written agreements, on the right of special dismissal 
 from service, and the right of quitting service, and 
 on the length of notice required, etc. The further 
 development of protection in quitting service will 
 probably more and more require the extraoi'dinary 
 jurisdiction of the industrial courts of arbitration. 
 Protection against compulsory dismissal into which 
 one employer may be forced by another employer by 
 intimidation, libel, and defamation, is afforded by 
 special penal Acts, and, like protection against breach 
 of contract, is more particularly protection of the 
 employer and is only indirectly protection of the 
 worker.
 
 156 THEORY AND POLICY OF LABOUR PROTECTIOX. 
 
 2. Protection of contract, in the strict sense; 'protec- 
 tion by limitation of the right of contract, by completion 
 of contract, and by enforcing fulfilment of contract. 
 
 Bej'ond the ordinary judicial protection afforded by 
 the obligations attached to service contract, special 
 guarantees of protection are in part already granted, 
 in part demanded, against abuse of contract, incom- 
 plete fulfilment and uon-fulfilmeut of service contract 
 to the disadvantage, as a rule, but of course not in 
 all cases, of wage-labour. 
 
 This protection is afforded partly by formal regula- 
 tions, partly by judicial rulings on special cases. The 
 latter form of protection iu contract is closely allied to 
 protection in intercourse (see above) ; the two overlap 
 each other. 
 
 The protection afforded by contract regulations 
 consists in the enforcement of certain formal require- 
 ments, and the granting of certain remissions, such 
 as e.g. the requirement of wi'itten agreements and 
 the remission of duty on written agreements, etc. 
 First and foremost stands the obligation to post up 
 the working rules. A parte p)otiori ^ all protection of 
 contract might be called protection of working rules. 
 
 The working rules serve in reality to give the work- 
 man himself the control over his own rights, but they 
 also are to the interest of the employer. 
 
 The von Berlepsch Bill further extends this sort of 
 method to factory and quasi-factory labour (§ 134a- 
 134^), permitting the workmen in any business to 
 exert a considerable influence upon the drawing up of 
 the working rules. Sections 1346 and 134c read thus : 
 * That is, after the largest iwrtion of it.
 
 PEOTECTION OF CONTRACT. 157 
 
 '' § ISih. Working rules shall contain directions : (1) 
 as to the time of beginning and ending the daily 
 work, and as to the intervals provided for adult 
 workers; (2) as to the time and manner of settling 
 accounts and paying wages ; (3) as to the grounds on 
 which dismissal from service or qaitting service may 
 be allowable without notice, wherever such are not 
 determined by law j (4) as to the kind of severity of 
 puuisliments, where such are permitted; as to the 
 way in which punishments shall be imposed, and, if 
 they take the form of fines, as to the manner of col- 
 lecting them and the purpose to which they shall be 
 devoted. No punishments offensive to self-respect 
 and decency shall be admitted in the working rules. 
 Fines shall not exceed twice the amount of the cus- 
 tomary day^s wage (§ 8. Insurance against Sickness 
 Act, June 15th, 1883), and they shall be devoted to 
 the benefit of the workers in the factory. The right 
 of the employer to demand compensation for damage 
 is not afi'ected by this rule. It is left in the hands of 
 the owner of the factory to add to rules 1 to 4 further 
 rules for the regulation of the business and the con- 
 duct of the workmen in the business. The conduct 
 of young workers outside the business shall also be 
 regulated. The working rules may direct that wages 
 earned by minors shall be paid to the parents and 
 guardians, and only by their written consent to the 
 minors directly ; also that a minor shall not give 
 notice to quit without the expressed consent of his 
 father or guardian .^^ 
 
 § lS4d reads as follows : " Before the issue of 
 the working rules or of an addition to the rules, oppor-
 
 158 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 tunity shall be given to the workers in the factory 
 to express their opinion on the contents. In those 
 factories in which there is a standing committee of the 
 workmen it will be sufficient to receive the opinions 
 of the committee on the contents of the working 
 rules." 
 
 It is further recommended that the factory rules 
 shall include the publication of legal enactments re- 
 garding protection by limitations of employment, pro- 
 tection, in occupation and in intercourse, the necessary 
 conditions and limitations of these, the possibilities of 
 appeal, and methods of payment of overtime wage, 
 also of instructions for precaution against accidents, 
 and lastly of the name and address of the club doctor 
 and dispenser, of the company and their representa- 
 tives, the name of the factory inspector and his office 
 address and office hours. 
 
 But we have seen that contract protection is not 
 only afforded by these formal regulations but also by 
 judicial rulings on special cases. These latter have a 
 threefold task : to prevent the drawing up of unfair 
 contracts, to supply deficiencies in the contract, by 
 adding subsidiary rulings suited to the nature of the 
 industrial service relations, and lastly, to secure the 
 fulfilment of service contract ; i.e. they have to pro- 
 vide protection by limitation and completion of con- 
 tract and to secui-e fulfilment of contract. 
 
 This kind of protection of contract is of special 
 importance in dealing with contract fines, proportional 
 output ("efficiency work"), the supply of tools and 
 materials of work, and lastly with payment of wage. 
 
 Labour Protection scc^ks to guard against abuse
 
 PEOTECTION OF CONTRACT. 159 
 
 of contract fines, by fixiug the highest permissible 
 amount of fines, and by handing over the proceeds of 
 the fines to the workmen's provident fund. This is a 
 matter of the highest moment, and must find a place 
 in the drawing up and in the enforcement of the 
 working rules (see above). Hitherto it has only been 
 extended to factory labour. 
 
 A second task of protection of contract lies in the 
 protection of " efficiency work/' i.e. protection of the 
 wage-worker against an undue deduction from his 
 '^efficiency wage" on account of the alleged inferior 
 quality of the output, and against neglect to reckon 
 in the full amount of the output in the calculation of 
 wage. This measure of protection has been placed on 
 the orders of the day of the present labour protective 
 movement, by the adoption e.g. of the system of 
 checking the weight of the output in mining. 
 
 In the third place we come to protection of the 
 workman against loss sustained in buying his tools 
 and materials of work from the employer. This 
 measure of protection in purchase of materials is 
 applied to the whole of industrial labour by means of 
 its insertion in the general rules for truck protection 
 contained in the Imp. Ind. Code. 
 
 A fourth pointr, very closely allied to protection of 
 intercourse, but which has to be dealt with protec- 
 tively by those judicial rulings on protection of con- 
 tract, concerns the permanence of rate of wage, the 
 day, place, and period of payment, and by whom, and 
 to whom, payments are to be made. Protection of 
 payment may be more completely secured by the 
 inclusion in the workinjr rules of directions on these
 
 160 THEOET AND POLICY OF LABOUR PROTECTION. 
 
 points. It must be applied to the whole of iudustrial 
 wage-labour according to circumstances. The prohi- 
 bition of payment of wages in public-houses and on 
 Saturdays, the fixing of the wage by the employer 
 himself, not by a subordinate official; the obligation 
 to make the agreement as to " efficiency wage " at the 
 time of undertaking the wox'k, in order that the bargain 
 may not be broken off should it prove specially 
 favourable for the workers; also payment of wage at 
 least weekly or fortnightly ; and lastly, the payment 
 of minors' wages into the hands of parents or guar- 
 dians, which constitutes a measure of educational 
 protection of the minors against themselves — -such are 
 the principal requirements of protection of payment of 
 wages, requirements which are already more or less 
 fulfilled.
 
 CHAPTER IX. 
 
 THE RELATIONS OP THE VARIOUS BRANCHES OP LABOUR 
 PROTECTION TO EACH OTHER. 
 
 If the various chief branches of Labour Protection are 
 compared with each other after they have all been 
 examined separately, they appear to be indispensable 
 and inseparable members of one system, for no one 
 branch can be spared. But they are very different in 
 nature, and by no means equal in importance. 
 
 Protection of truck and contract have long ago 
 reached their full development. Both are almost 
 universal in their extension, and are exercised by the 
 regular administrative courts and petty courts of 
 justice. They are characterised on the whole by 
 legal precision, which affords little room for interpre- 
 tation and extension at the will of the administration. 
 Protection of contract and protection of intercourse 
 are required less in the immediate interest of the 
 whole State than in that of individuals. 
 
 But when we come to protection in occupation, it is 
 altogether another matter. 
 
 Protection hi/ limitations of employment, which forms 
 the central point of the latest protective movement, is 
 in all its aims more or less in contrast to protection of 
 contract and intercourse. It is not a matter of uni- 
 
 161 M
 
 162 THEOEX AND POLICY OP LABOUR PROTECTION. 
 
 versal application. It requires special administrative 
 organs^ special methods of procedure with many tech- 
 nical differences of detail adapted to the peculiarities 
 of different trades. Its full development requires 
 general legal enactments, a central authority, and a 
 uniform exercise of administration ; it has to deal with 
 the entire working class, nay more, with the whole 
 body of citizens, and with the spiritual as well as the 
 material life of the workers and of the nation, because 
 it constantly affects and influences the lives of larger 
 masses of labourers. 
 
 It must not be supposed that any one branch of 
 protection by limitation of employment is more 
 important in itself than all the rest. It is not pro- 
 tection of holidays alone, nor the maximum working- 
 day alone that will restore the workman to himself, 
 to his place in the human family, to civic life, to his 
 family, to the performances of his spiritual duties ; 
 but all measures of protection by prohibiting and 
 limiting employment must work together to effect 
 this. Protection by limitation of employment, as a 
 whole, seeks to ensure those moral benefits so finely 
 emphasised iu the preamble of the Confederate Factory 
 Act : " The benefits which may accrue to the country 
 from the factory system depend almost entirely upon 
 its being ensured that the worker shall not be 
 deprived of time or inclination to be the educator of 
 his children, and the head and prop of his family." 
 The maximum working-day effects this by securing 
 the evening free to all — to fathers, mothers, children, 
 and young people. Protection of holidays works 
 towards the same end by securing to everyone the
 
 RELATIONS OF VARIOUS BRANCHES. 163 
 
 seventh day free for his own life, the life of his family, 
 and intercourse with his fellow citizens, and for the 
 performance of his spiritual duties. Prohibition of 
 night work also contributes its quota towards the 
 same result. Without all this pi'otection by limitation 
 of employment, the father of the family would lose his 
 family, the child would lose its training and care, the 
 mother and wife would lose her children and husband ; 
 and all of them would lose their joint life as citizens, 
 as members of society, and of a religious community. 
 
 It is from these considerations that we must justify 
 the immense importance which it is the growing ten- 
 dency of Labour Protection in the present day to 
 attach to the whole question of protection by limita- 
 tion of employment.
 
 CHAPTER X. 
 
 TRANSACTIONS OF THE BERLIN LABOUR CONFERENCE, DEAL- 
 ING WITH MATTERS BEYOND THE RANGE OP LABOUR 
 PROTECTION ; dale's DEPOSITIONS ON COURTS OF 
 ARBITRATION, AND THE SLIDING SCALE OF WAGES IN 
 MINING. 
 
 The demand for a legal miuimum wage, for wage 
 tariffs, and the sliding scale of wages, form no part 
 of Labour Protection. The State cannot, as we have 
 seen, regulate wages directly, but only indirectly, by 
 favouring an adjustment of wages that shall be fair to 
 each side. But even in measures of that kind it does 
 not interfere for the purpose of protecting the persons 
 of the wage earners in their relations of dependence 
 on the employer. Politico-social proposals for in- 
 directly influencing the movement of wages, do not 
 for this very reason, belong to Labour Protection, in 
 the sense which I have assigned to the term in this 
 book. Therefore, I shall content myself, on the one 
 hand, with clearing up a misunderstanding concerning 
 the minimum wage and the wage tariff; and on the 
 other hand, with supplementing my former contri- 
 bution to the subject {Jnhrg., 1889, Die Zeitschrift 
 fur die cjesammte StaatswissenschaJ't) from the reports
 
 THE BERLIN LABOUR CONFERENCE. 165 
 
 of the Berlin Conference^ having special reference to 
 the regulation of wage in the English mining indus- 
 tries. 
 
 These proposals, dealing with minimum wage and 
 the wage tariff, which I shall now introduce into my 
 treatise on Labour Protection, do not aim at enforcing 
 a minimum rate of wage from above, regardless of the 
 individual value of the labour, they merely aim at pro- 
 viding as far as possible a stable adjustment and classi- 
 fication of efforts and rewards between the whole body 
 of employers and the whole body of workers in any 
 branch of industry or industrial district, i.e. at sub- 
 stituting general for individual control, for the 
 protection not of the worker alone, but also of the 
 employer, i.e. against exploiting competitors. In 
 Germany the printers have led the way ; the number 
 of their followers in other industries is increasing. 
 But this is a matter that must be settled by the two 
 classes, not by the State. 
 
 Questions of wage policy, however, even when un- 
 connected with protective policy, are often drawn into 
 discussions on protective policy ; and even the Bei'lin 
 Conference, which was officially designated^ '^an in- 
 ternational conference on the regulation of labour in 
 industrial establishments, and in mining industries," 
 frequently overstepped the limits of questions of 
 purely protective policy. I feel myself fully justified, 
 therefore, in touching upon a few of the further ques- 
 tions dealt with by the Conference. 
 
 In an earlier treatise, written before the proclama- 
 
 ' Concluding speech of the Prussian Minister of Commerce.
 
 166 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 tion of the Imperial Decree of February 4th, 1890, 1 
 poiuted out the need for the special cultivation of 
 Labour Protection in miuiug industry, particularly 
 in coal mining, and I expressed an opinion as to the 
 advisability of establishing government mines as a 
 kind of politico-social hiodel to the rest ; while, on the 
 other hand, I declared against the necessity for the 
 nationalisation of coal mines. 
 
 Pamphlets of an opposing tendency, which circulated 
 freely in the wake of the great coal strike of 1889, 
 have, it is true, brought to light more and more 
 reliable evidence ; but hitherto I have found in them 
 nothing to shake my confidence in the correctness 
 of my fundamental contention : as far as I am con- 
 cerned, 1 await without anxiety the issue of the latest 
 Coal Trust. 
 
 As I poiuted out in the same treatise, the special 
 danger of the strike agitation, attacking as it does the 
 very centres of activity and channels of healthy move- 
 ment in the social body, has unfortunately been only 
 too fully exemplified. The coal strike, and the railway 
 and dock strikes, have become samples, and are 
 triumphantly quoted as typical instances of the success 
 of the method. 
 
 In the same treatise I raised the question whether 
 the branches of industry under consideration should 
 be constituted a departtnent of the public service, 
 involving special obligations and special safeguards 
 against breach of contract, but also ensuring special 
 security of work and a good standard of pay. This 
 question has also risen to a high level of importance 
 since that time ; it does not, however, belong to the
 
 AEBITRATION. 167 
 
 sphere of Laboui' Protection, and in this treatise I 
 must therefore leave it on one side. 
 
 But I consider myself bound to supplement the 
 information given as to the means of avoiding strikes 
 in the mining industry by bringing forward the 
 communications made by the best informed English 
 expert, who sat in the Berlin Conference (session of 
 March 4). The reports read as follows : ''Mr. Dale 
 reminded the Conference that about twenty-five years 
 ago numerous and protracted strikes took place in 
 the north of England (in mining). In consequence 
 of this, the employers met together to discuss means 
 of regulating the wage question. At first they re- 
 fused to treat with the workmen in corpore, but they 
 finally decided on the advice of a few of their num- 
 ber more far-seeing than the rest, to recognise the 
 union of miners belonging to one and the same min- 
 ing district. This principle once admitted formed 
 the groundwork of the prevailing system of the day 
 for the settlement of all disputes. This method has 
 obtained for twenty yeai's. At first the representa- 
 tives of the employers and workmen were only 
 summoned to negotiate on special questions. The 
 principle of settlement by arbitration was admitted 
 in all questions, and was applied in the following 
 manner : each party nominates an equal number of 
 arbitrators, usually two, and these elect an umpire ; 
 this last ofiice is willingly accepted by persons of the 
 highest standing. Since the questions laid before the 
 board of arbitration mostly concern the relation of 
 wages to the market price of coal, this relation has to 
 be first ascertained from examination of the employers'
 
 168 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 books by a legally qualified auditor, before a decision 
 can be given. The most important experimental 
 method, which has so far been adopted for regulating 
 the relations between the rate of wage and the market 
 price, has been the sliding scale. The sliding scale 
 aims at the establishment of a numerical ratio between 
 the rate of wage and the price of coal. At first this 
 was sometimes determined by the following method : 
 five consecutive years are taken, in the course of 
 which considerable fluctuations have taken place in 
 the market prices and the price of coal (the latter 
 brought about by strikes, agreements, and arbitra- 
 tion). These five years are divided into twenty 
 quarters ; the average price of coal and the average 
 rate of wage for each quarter is ascertained, and by 
 this means the numerical ratio of the two amounts to 
 each other is determined. The average of these 
 numerical ratios is taken to express the normal rela- 
 tion which must exist between the rate of wage and 
 and the market price of coal. Upon the scale thus 
 determined the average market price for all coal 
 produced in the district for the last preceding quarter 
 is reckoned. The requii'ed numerical normal propor- 
 tion between prices and wages is now computed on 
 this basis, and the rate of wage for the current quarter 
 thus determined, Tiiis calculation takes place for 
 every ensuing quarter. These calculations are made 
 by two qualifii'd auditors, who are appointed by the 
 labourers' union and the employers' union. The 
 books of all the works are submitted to these experts, 
 who are bound to the strictest secrecy as to the infor- 
 mation thus obtained. Thoy confine themselves to-
 
 THE SLIDING SCALE, 169 
 
 the task of attesting: (1) that during the latest 
 preceding quarter, the average price of coal in the 
 district is such and such ; (2) that such and such a 
 rate of wage results therefrom. In this way the 
 workmen obtain, without the necessity of negotiation, 
 of strikes, or arbitration, the same wages which they 
 could not otherwise have obtained except by repeated 
 efforts. The numerical ratio between wages and 
 market prices is generally fixed for two years. After 
 that time each party may give a half year's notice; 
 but during six years, the first sliding scale introduced 
 lias only been subjected to very slight alterations. 
 Notice will shortly be given by the employers in 
 Northumberland and the miners in Durham. Mr. 
 Dale believes that this double notice does not aim 
 at the abolition of the system, but only at revision of 
 the existing scale. In the districts where for the 
 moment the sliding scale has been abolished, an 
 attempt is being made to take the nearest conjectural 
 price of the current quarter as the basis, instead of 
 the price of the previous quarter. In this way the 
 workmen would receive official information as to the 
 market prices, which would be a great advantage, 
 for strikes are most frequently caused by the ignorance 
 of the workmen as to the real position of the coal 
 trade. As to local questions which do not affect the 
 whole district, they are settled by so-called ^joint 
 committees,* or mixed commissions formed by an equal 
 number of workmen and employers ; either the Presi- 
 dent of the county court, or some other person of high 
 position, is chosen as chairman. These commissions 
 meet generally once a fortnight ; their decisions oper-
 
 170 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 ate from the date of tbe complaint. Mr. Dale asserts 
 that the heads of the labour unions are, for the most 
 part, intelligent men, and when this is the case, the 
 relations between workmen and employers are easily- 
 arranged; in Durham, e.g., the miners union has four 
 secretaries, who devote their whole time to the affairs 
 of the association. In this district more than 500 
 disputes yearly are settled by the joint committee." 
 
 At the request of the President, Mr. Dale gave some 
 information as to the strike of the past year j it did 
 not affect the nortbern district where good relations 
 existed, although notice had previously been given on 
 the sliding scale. He further pointed out that former 
 strikes had often been caused by the fault of the fore- 
 men, who treated the workmen with undue harshness, 
 " The introduction of joint committees, on which the 
 workmen are equally represented, has had the effect 
 of establishing better relations between the foremen 
 and the miners. Mr. Dale considers this the best 
 system for the avoidance of crises. The decisions pro- 
 nounced by the board of arbitration, and by the joint 
 committees, are generally accepted ; thus the principle 
 of decision by arbitration takes the place of that of 
 decision by strikes."
 
 CHAPTER X. 
 
 THE " LABOUR BOARDS^' AND "LABOUR CHAMBERS " OF 
 SOCIAL DEMOCRACY. 
 
 Of all the problems with which the science of govern- 
 ment is confronted in the present and the near future, 
 there are few in the domain of Social Policy of 
 greater importance, or more fraught with serious 
 possibilities in their results, than the establishment 
 on a democratic basis, both in constitution and in 
 administration, of the organs of Labour Protection. 
 
 This tendency appears already in the demand for 
 equal representation of both classes in the organisa- 
 tion of Labour Protection. The establishment by 
 local governing authorities of industrial courts of 
 arbitration has been a step in this direction, a step 
 which has not entirely been retraced by recent legis- 
 lation in Germany, dealing with such courts. 
 
 The form which Social Democracy has given to 
 this idea by the proposal of "Labour Boards^' and 
 " Labour Chambers,^' brought forward in the Auer 
 Motion, is a matter of the highest interest. So far as 
 I know, this form has received very little, or at any 
 rate insufficient, attention in the Reichstag or the 
 
 171
 
 172 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 Press. This is the more surprising for two reasons, 
 viz., the justice of its attempt at a better protective 
 organisation, and the serious import of its evident 
 tendency to evolve out of the Capitalist System a 
 Social Democratic order of society. 
 
 I think, therefore, that just because of this extreme 
 step in organisation which the Auer Motion takes in 
 proposing Labour Boards and Labour Chambers, as 
 instruments of Labour Protection, it behoves me not 
 to pass it by with indifference, but on the contrary to 
 dwell upon it at some length. 
 
 In the first place let us construct in our own minds 
 a picture of the new form of organisation proposed in 
 the Auer Motion. 
 
 In the place of Art. IX. in the existing Imp. Ind. 
 Code, a new Chap. IX. would have to be inserted, 
 dealing with "an Imperial Labour Board, District 
 Labour Boards, Labour Chambers, and Labour Courts 
 •jf Administration " (§§ 131-143). 
 
 I. The Imperial Labour Board and the Imperial 
 Labour Parliament. 
 
 The Imperial Labour Board. Its organisation would 
 be determined by special Imperial legislation. Prob- 
 ably equal representation of classes is intended in this 
 Central Bureau, which would act together with the 
 hitherto essentially biireacratic Imperial Insurance 
 Board. Its duties would consist : first, in supervis- 
 ing so far as possible, the whole system of Labour 
 Protection as demanded in the Auer Bill (§§ 105- 
 125) ; further, in affording protection against the 
 competition of penal labour; finally, "in enforcing 
 such measures and conducting sncli enquiries as may
 
 LABOUR BOARDS. 173 
 
 be necessary to the well-being of the whole body of 
 wage-earuers, including apprentices, in any kind of 
 industry." Its duties would therefore extend far be- 
 yond the limits of Labour Protection in the strict 
 sense, and it would be a general Central Bureau of 
 aids to Labour, in which the Imperial Insurance Board 
 would soon become incorporated. 
 
 Tlie Labour Parliament (Diet of Labour Chambers). 
 I take leave thus to designate the representative 
 <;entral organ proposed (although of course it is not 
 brought forward in these terms in the heading of the 
 new Chap. IX. of the Auer Bill) since it is clear that 
 the Imperial Labour Board is practically only in- 
 tended to be the executive organ of this democratic 
 industrial Council of the nation. Sections 140-142 
 of the Auer Motion require that : § 140 ''It shall be 
 the duty of the Imperial Labour Board to summon 
 once a year representatives from the collective 
 Labour Chambers to a general deliberation on in- 
 dustrial interests. To this General Council each 
 Labour Chamber shall send one delegate to re- 
 present the employers, and one the body of wage- 
 earners. The choice of the representatives shall be 
 made by each class separately. The chair shall be 
 taken at the Council by a member of the Imperial 
 Labour Board, but he and his colleagues shall have no 
 right to vote. The Council shall determine its own 
 standing orders and the orders of the day ; the sit- 
 tings to be public. § 141. The members of the 
 Labour Chambers shall receive daily pay and defray- 
 ment of travelling expenses. § 142. The Imperial 
 Government shall pay the costs of the arrangements
 
 174 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 enumerated in §§ 131-140; they shall be entered 
 yearly in the imperial accounts." 
 
 Thus we should have a national Labour Parliament 
 — formed from the district Labour Chambers — with 
 equal representation of both classes^ receiving grants 
 from the Imperial exchequer, undertaking the general 
 supervision of industrial interests and acting as a 
 check on the Imperial Labour Board. By the simple 
 process of throwing overboard the nominees of the 
 employers, this Labour Parliament might at any time 
 become a pure parliament of labourers, or " People's 
 Parliament," and the Imperial Labour Board might 
 resolve itself into the central ministry of a purely 
 " People's State." 
 
 Such a state of things would obviously be the 
 realisation of the extreme Social Democratic order 
 of State. 
 
 It must be admitted that no secret is made of this 
 fact, nor yet of the basis on which the whole edifice is 
 raised. 
 
 (2) Labour Boards and Labour Courts of Arbitration, 
 Labour Chambers. 
 
 The basis of the edifice is formed by Labour Boards 
 and Courts of Arbitration, on the one hand [i.e. for 
 executive purposes), and Labour Chambers on the 
 other (t.e., for purposes of regulation). Wo shall, as 
 far as possible, give the explanation of the matter in 
 the words of the motion. 
 
 Labour Boards. On this head the Auer Motion 
 reads as follows : " § ] 32a. Below the Imperial 
 Labour Board come the Labour Boards which shall 
 be appointed throughout the German Empire, in dis-
 
 LABOUR BOARDS. 175 
 
 tricts of not less than 200,000, nor more than 400,000 
 inhabitants, at the latest by Oct. 1, 1891. § 133. 
 The Labour Board shall consist of a Labour Councillor 
 and at least two paid officers ; it must pass its rulings 
 and decisions in full sitting. The Imperial Labour 
 Board shall select the labour councillor from two can- 
 didates nominated by the Labour Chamber. The per- 
 manent paid officers, whose duty it is to assist the 
 labour councillor in his task of supervision, shall be 
 elected by the Labour Chamber, half from the em- 
 ployers, and half from the employed. In districts in 
 which thei^e are a considerable number of works 
 employing chiefly female labour, some of the officials 
 appointed shall be women. The same rules with re- 
 gard to invalid and superannuation pensions shall 
 apply to the officers of the Labour Boards^ as apply 
 to all other imperial officials. § 133a. The officers of 
 the Imperial Labour Board, and the labour councillors 
 or their paid assistants, shall have the right at any 
 time to inspect all places of business (whether of State, 
 municipal, or private enterprise) and to make such 
 regulations as may appear necessary for the life and 
 health of the workers employed. In the exercise of 
 such supervision they shall be empowered with all the 
 official authority of the local police magistrates. In 
 so far as the rules laid down are within the official 
 authority of the supervising officers, the employers 
 and their staff shall be bound to render unhesitating^ 
 obedience. The employer or his representatives shall 
 have a right of appeal to the District Labour Board, 
 to be lodged within a week, against the orders and 
 rulings of individual officials, and a right of appeal
 
 176 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 against the District Labour Board's decision, also 
 within a week, to the Imperial Labour Board. The 
 Labour Board shall be bound to inspect all the works 
 within a district at least once a year. The employers 
 shall permit the official inspection to take place at 
 any time when the work is being carried on, especially 
 also at night. The inspecting officers shall be bound, 
 except in cases of infringement of the la^v, to observe 
 secrecy as to all information on the concerns of a 
 business obtained by them in pursuit of their official 
 duties. § 133/>. The local police magistrates shall up- 
 hold the Labour Board in the exercise of its authority, 
 and shall enforce obedience to its directions. § 133c. 
 The Labour Board shall organize all free labour in- 
 telligence within its district, and serve in fact as a 
 central bui'eau for this purpose. It shall also be em- 
 powered to appoint branch bureaux with this object, 
 in such places as may seem suitable, and if there is no 
 industi"ial union to undertake the duties the local 
 police magistrates shall undertake them. § 133cZ. 
 Every Labour Board shall publish a yearly report of 
 its proceedings, copies of which shall be distributed 
 gratuitously to the members of the Labour Chambers 
 by the Imperial Labour Board and the Central District 
 Courts. The report shall be submitted to the approval 
 of the Labour Chamber before publication. The Im- 
 perial Labour Board shall draw up yearly, from the 
 annual reports of the Labour Boards, a general report 
 to be submitted to the Bniidcsralh and the Reichstag. 
 The reports of the District Labour Boards and the 
 Imperial Labour Board shall be accessible to the public 
 at cost price."
 
 LABOUR BOARDS. 177 
 
 The Labour Board of a district of from 200,000 to 
 400,000 inhabitants would be in the first place a 
 modern kind of industrial inspectorate with offices 
 filled from both classes — employers and employed — 
 with a democratic system of election, and to which 
 women would also be eligible. Even the presidency 
 of this inspectorate would not be freely appointed 
 by the government, which would have only the power 
 of electing one out of two nominees of the Labour 
 Chambers. The primary task of the board would 
 take the form of Labour Protection, of centralization 
 of labour intelligence, and of drawing up reports 
 on matters concerning labour. The Labour Board 
 is intended as the executive organ of the Labour 
 Chambers, the parliamentary administration would 
 therefore be general; even in reporting on industry 
 the Labour Board would be subject to the approval of 
 the Labour Chamber. It is evident that this Demo- 
 cratic organisation of courts, which would be power- 
 less to act so long as both classes obstructed each 
 other, might easily at one stroke, by turning out the 
 nominees of the employers, be changed and developed 
 into purely democratic district courts for the general 
 protection of labour and the control of production. 
 
 Courts of Arhitration. The Court of Arbitration as 
 proposed by the Auer Motion, is, so to speak, the 
 judicial twin brother of the Labour Board. Accord- 
 ing to § 137-137e, the Court of Arbitration would 
 be a court of the first instance, for the settlement 
 of disputes between employers and workmen. It 
 would be formed by each Labour Chamber out of 
 its numbei's, and would consist of equal numbers of 
 
 N
 
 178 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 employers and of workmen. The chair would be 
 taken by the labour councillor or one of his paid 
 assistants. Equal representation of both classes 
 would be required when pronouncing decisions. None 
 but relations, employes, and partners in the business, 
 would be permitted to be present during the delibera- 
 tions in support of the disagreeing parties. There 
 would be right of appeal to the Labour Chamber. 
 The members of this Court of Arbitration would (like 
 those of the Labour Chamber) (§ 130a) receive daily 
 pay and defrayment of travelling expenses. Such 
 would evidently be the working out of this system of 
 combined class representation, of which, indeed, we 
 already have an instance in the industrial courts of 
 arbiti'ation. 
 
 Labour Chambers. These would form the founda- 
 tion stone of the edifice, and they deserve the special 
 attention of all who wish to know how Social Demo- 
 cracy means to attain her ends. I give verbatim the 
 clauses dealing with this : " § 134. For the represen- 
 tation of the interests of employers and their work- 
 men, as well as for the support of the Labour Boai'ds 
 in the exercise of their authority, there shall be ap- 
 pointed from Oct. 1, 1891, in every Labour Board 
 district, a Labour Chamber, to consist of not less than 
 24, and not more than 36 members, according to the 
 number of different firms established in the district. 
 The number of members for the separate districts 
 shall be determined by the Imperial Labour Board. 
 The members of the Labour Chambers shall be 
 elected, the one half by employers of full age from 
 amongst their numbers, the other half by workers of
 
 LABOUR CHAMBERS. 179 
 
 full age from amongst tlieir numbers. The election 
 shall be made on the priuciple of direct, individual, 
 ballot voting by both sexes, a simple majority only to 
 decide. Each class shall elect its own representatives. 
 The mandate of the members of the Labour Chamber 
 shall last for two years, opening and closing in each 
 case with the calendar year. Simultaneously with 
 the election of the members of the Labour Chamber 
 proxies to the number of one- half shall be appointed. 
 The proxies shall be those candidates who receive the 
 greatest number of votes next after the elected mem- 
 bers. In the case of equal votes lots shall be drawn. 
 'I'he selection of the polling day, which must be either 
 a Sunday or festival, shall rest with the Imperial 
 Labour Board, which shall also lay down the rules of 
 procedure for the election. Employers and workmen 
 shall be equally represented on the election com- 
 mittees. The time appointed for taking the votes 
 shall be fixed in such a manner that both day and 
 night shifts may be able to go to the poll. § 135. 
 Besides fulfilling the functions assigned to them in 
 §§ 106a, 110 and 121, the Labour Chambers shall 
 support the Labour Boards by advice and active help 
 in all questions touching the industrial life of their 
 district. It shall be their special duty to make 
 enquiry into the carrying out of commercial and 
 shipping contracts; into customs, taxes, duties, and 
 into the rate of w^age, price of provisions, rent, com- 
 petitive relations, educational and industrial establish- 
 ments, collections of models and patterns, condition of 
 dwellings, and into the health and mortality of the 
 working population. They shall bring before the
 
 180 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 courts all complaints as to tbe conditions of industrial 
 life, and they shall give opinion on all measures and 
 legal proposals affecting industrial life in their district. 
 Finally, they shall be courts of appeal against the 
 decisions of the Courts of Arbitration. § 136. The 
 president of the Labour Chamber shall be the labour 
 councillor, or failing him, one of his paid officials. 
 The president shall have no vote, except in cases in 
 which the Labour Chamber is giving decision as a 
 court of appeal against the decision of the Court of 
 Arbitration. Equality of voting shall be counted as 
 a negative. The president shall be bound to summon 
 the Labour Chamber at least once a month, and also 
 when required on the motion of at least one-third of 
 the members of the Chamber. The Labour Chambers 
 shall lay down their own working rules ; their sittings 
 shall be public.^' According to § 139 of the motion, 
 the members of the Labour Chambers shall also be 
 entitled to claim daily pay and defrayment of travelling 
 expenses. 
 
 Such are the Labour Chambers accordinof to the 
 proposals of the Social Democrats in 1885 and 1890. 
 
 It is not without some astonishment that I note the 
 tactical ingenuity displayed by the party even here. 
 Everytliing that has anywhere appeared in literatui'e, 
 in popular representation, in judicial and administrative 
 organisation, in the way of proposals for the centrali- 
 sation and extension of labour intelligence, or of pro- 
 posals for the representation of labour in Labour Pro- 
 tection, and in all agencies for the care of labour, — 
 every scheme tiiat has ever been put forward under 
 different forms, either purely theoretic or practical, as,
 
 A BRIDGE TO SOCIALISM. 181 
 
 e.g., " Popular Industrial Councils/^ and " Industrial 
 Courts of Arbitration " — is here used to make a part 
 of a broad bridge, leading across to a " People's 
 State." Nothing is lacking but the lowest planks, 
 which could not, however, be dispensed with, a Local 
 Labour Board and a Local Labour Chamber, as the 
 sub- structure of the District Labour Boards and 
 District Labour Chambers. 
 
 The leaders of Social Democracy in the German 
 Reichstag maintain that they are willing to join 
 hands with the representatives of the existing order 
 in their schemes of organisation. We have, therefore, 
 no right to treat their scheme as consciously revolu- 
 tionary. But this hardly affects the question. The 
 question is whether — setting aside altogether the 
 originators of the plan — such an organisation as that 
 described above might not in fact readily lend itself 
 as a battering-ram to overthrow the existing order 
 and realise the aim of Socialism, whether, in fact, it 
 would not of necessity be so used. This question 
 may well be answered in the afSrmative without cast- 
 ing the slightest reproach at the present leaders of 
 the party. 
 
 The regulating representative organs would have 
 full and comprehensive authority in all questions of 
 industry, social policy, and health, and in inspection of 
 dwellings; and the executive organs, even up to the 
 Imperial Labour Board, might be empowered by the 
 mere alteration of a few sections of the Bill to exercise 
 the same authority, subject to the consent of the 
 majority in the National and District Chambers, and 
 eventually in the Local Chambers.
 
 182 THEOET AND POLICY OF LABOUR PROTECTION. 
 
 If these representative and administrative bodies- 
 ever came into existence, they would slowly but surely 
 oust, not only the whole existing organisation of 
 Chambers of Commei'ce and Industrial Councils, but 
 also the Reichstag itself, and the Imperial Govern- 
 ment, as well as the local corporate bodies; they 
 would tear down every part of the existing social 
 edifice. By the combined action of the Social Demo- 
 crats in the Reichstag with the increasingly demo- 
 cratic tendencies of the local bodies, all this might 
 come to pass in a very short space of time. 
 
 I do not forget that the organisation is to be based 
 in the first instance on equal representation of classes. 
 On the first two, and eventually on the third, step of 
 the judicial and representative edifice, as many repre- 
 sentatives are given to capital as to labour. In so 
 far the organisation is a hybrid of Capitalism and 
 Social Democracy. For the moment, and in the pre- 
 sent stage, it is, for this very reason, of special value 
 to the Social Democrats, as it supplies a method of 
 completely crippling the forces opposed to them in 
 the existing order. For it will be sufficient in the day 
 of fulfilment, i.e. when all is ripe for the intended 
 change, to give one shake, so to speak, in order to 
 burst open the half capitalistic chrysalis, and let the 
 butterfly of a Social Democratic " People^s State " fly 
 out. 
 
 The half capitalistic organisation would, I repeat, be 
 of the greatest value at present, in the early preparatory 
 work of the Social Democrats. First, because the 
 working class would become practically and thoroughly 
 accustomed to co-operation instead of to subordination
 
 A BRIDGE TO SOCIALISM. 183 
 
 as hitherto ; this is the traiisition step which cannot 
 be avoided, to the supremacy of the working class 
 over the employers' class. Then^ too, the proposed 
 organisation would offer an excellent opportunity for 
 passing through the transition step by step, by the 
 continued weakening of the capitalist order of society 
 in all its joints. The struggle with capital would 
 have the sanction and the organised force of legisla- 
 tion. It would receive legal organisation, and would 
 even be legally enjoined. This legalised battle would 
 proceed over the whole circuit of industrial activitj^, 
 including trade and transport, and including also the 
 state regulated portion of it. 
 
 In addition to this the organisation would be 
 peculiarly fitted to cripple even the least objection- 
 able bulwarks of capital, even the altogether un- 
 biassed and nonpartisan operation of the local and 
 district, and probably even ultimately of the imperial 
 courts. 
 
 The apparently equal coupling of the influence of 
 both classes would lead to the result that the class 
 which had the more energetic representatives and the 
 slighter interest in the maintenance of the " working 
 rules " would be able at any moment and at any point 
 in the national industrial life, to bring everything to a 
 deadlock. The labour councillor would be dependent 
 on the Labour Chambers, and they in turn would be 
 entirely dependent on the leaders of labour. By the 
 provision that the president shall have no vote, and a 
 tie in voting shall therefore count as a defeat, the 
 workmen's electorate hold in their hands the power to 
 obstruct at will any resolution, and especially to ob-
 
 184 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 struct the issue of the working rules in any business, 
 since the rules must be submitted to the approval of 
 the Labour Chambers. 
 
 The function of " supporting the Labour Boards by 
 advice and active help in all questions touching the in- 
 dustrial life of their district/^ might very easily, by 
 virtue of the above provision, be so abused by the 
 Labour Chambers as to deprive individual industrial 
 inspectors of all possibility of just and independent 
 action, and hence by degrees to entirely cripple and 
 destroy the value of the inspectorate as a whole; there 
 can, I think be no doubt that before very long 
 these powers would intentionally be used for this 
 purpose. 
 
 The action of a positive Social policy would be 
 hopelessly crippled by an equally balanced class repre- 
 sentation, while at the same time the existing order 
 of industrial life would be disturbed and shaken 
 down to the very last and smallest branches of in- 
 dustry. 
 
 Nor would this be all, for such an organisation 
 would secure fixed salaries for the staff of agitators 
 in the Labour party, since the representatives would 
 receive daily pay and defrayment of travelling ex- 
 penses from the Imperial exchequer. Debates and 
 discussions might be cai'ried on without intermission, 
 the pay continuing all the time, for each Labour 
 Chamber would be convened, not only once a month, 
 but also at any time at the request of one-third of the 
 members of the Labour Chamber, therefore of two- 
 thirds of the labour representatives in the chamber, 
 liy virtue of iho provision which gives them unlimited
 
 A BBIDGE TO SOCIALISM. 185 
 
 I'ight of intervention, pretexts for convening frequent 
 meetings would never be wanting. 
 
 Hence it is evident tliat no more effectual machinery 
 could be devised for the legal preparation for leading 
 up the existing social order directly to the threshold 
 of the " People's State." The attempt to convert the 
 hybrid Capitalist- Socialist state to a pure Socialist 
 state would be a perfectly simple matter, both in the 
 Empire, the provinces, and the local districts, as soon 
 as we had allowed Social Democracy one or two de- 
 cades in which to turn the two-fold class representa- 
 tion to their own ends. By a single successful revo- 
 lutionary "coup" in the chief city of the Empire, or 
 in the chief cities of several countries simultaneously, 
 representation of capital in the Labour Courts might 
 be thrown overboard, and the "People's State" 
 would be ready ; the parliament of a purely popular 
 government would hold the field, and the present 
 representation of the nation which includes all classes 
 and watches over the spiritual and material interests 
 of the whole nation, might without difficulty be swept 
 away from Empire, province, district and munici- 
 pality. 
 
 The construction of a complete system of " col- 
 lective" production would be easy, for it would find 
 the framework ready to its hand, complete from base 
 to summit, fully mapped out on the plan. 
 
 Perhaps the leaders themselves are not fully con- 
 scious of the lengths to which their proposed organi- 
 sation may caiTy them. One can quite understand 
 how from their standpoint they fail to see the end. 
 They have pursued the path that seemed the most
 
 186 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 likely to lead to their goal of a radical change of the 
 existing social order. The whole responsibility will 
 rest with the parties in power, if they do more than 
 hold out their little finger, which they have already 
 done, to help Social Democracy along this path of 
 organisation.
 
 CHAPTER XII. 
 
 FURTHER DEVELOPMENT OF PROTECTIVE ORGANISATION. 
 
 In spite of all that can be urged against them^ 
 however^ we may gather much^ not merely negative,, 
 but also positive, knowledge from the proposals of 
 Social Democracy. An organisation which shall be 
 equipped with full authority, which shall be indepen- 
 dent, complete in all its parts, which shall prevail 
 uniformly and equally over the whole nation ; an 
 organisation which shall avoid the disintegration of 
 collective aids to labour, which shall encourage in- 
 dustrial representation and prevent the division of 
 authority amongst many different courts : such is 
 the root idea of the proposal, and this idea is just, 
 however unacceptable may appear to us the form in 
 which it is clothed in the Auer Motion. Nothing is 
 omitted in the Auer Motion except the assignment 
 of their various duties to the various branches of the 
 territorial representative bodies, and the working out 
 of an elementary local organisation. I shall therefore 
 try to work out the idea into a legitimate and possible 
 form of development. In order to do this I must 
 distinguish between the organisation required for ex- 
 ecutive and for representative bodies.
 
 188 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 As regards the executive organs^ neither in Ger- 
 many nor elsewhere is the industrial inspectorate at 
 present furnished with a sufficient number of paid 
 head-inspectors and sub-inspectors. Scarcely any of 
 the sub-inspectors are drawn from the labouring class 
 except in the case of England. Industrial inspection 
 in Germany has not yet attained uniform extension 
 over the whole Empire. The inspectors of the dif- 
 ferent provinces, and the chief provincial inspectors 
 of the whole Empire require to be brought into 
 regular communication with each other and with a 
 Central Bureau adapted for all forms of aid to labour, 
 including Labour Protection — an organ which of 
 course must not interfere with the imperial, con- 
 stitutional, and administrative independence of the 
 States of the Bund. If the individual inspectors were 
 everywhere carefully chosen, the assembling of all 
 inspectors for deliberation with the Provincial and 
 Imperial Central Bureaux of Labour Protection would 
 in nowise retard, but on the contrary would serve to 
 promote the complete and equitable administration 
 of Labour Protection and all forms of aid to labour. 
 This is the really fruitful germ contained in the idea 
 of an " Imperial Labour Board." 
 
 A Provincial Labour Board might effect much in 
 the same direction. We are not without the begin- 
 nings of a uniform constitution of this kind : England 
 has an Inspector-General, Austria a Central Inspector ; 
 in Switzerland the inspectors hold regular conferences ; 
 in France a comprehensive scheme of inspectoral com- 
 bination is projected. 
 
 The choice of persons as head and sub-iuspectors,
 
 DEVELOPMENT OF PROTECTIVE ORGANISATION. 189 
 
 which is a matter o£ such great importance, might bo 
 subject to nomination by the united provincial inspec- 
 torate, coupled with instructions to direct particular 
 attention to the selection of persons of practical ex- 
 perience, without social bias, well versed in knowledge 
 of technical and hygienic matters, and suited to the 
 special needs of the several posts. 
 
 But the mere development of the inspectorate would 
 not be the only step in the progress of the organisa- 
 tion of Labour Protection. We must go much further 
 than this. The combined interests of economy, sim- 
 plicity, efficiency, and permanence of service, point 
 to the necessity of relieving as far as possible the 
 regular governmental courts of the Empire, of the 
 province, and of the municipality, of the extra burden 
 of judicial and police administration involved in special 
 branches of Labour Protection, and in all other special 
 forms of aid to labour. The same considerations in- 
 volve the necessity of gradually developing a better 
 organisation of associated labour boards, an imperial 
 board, and provincial, district, and municipal boards. 
 We should thus get rid of the present confusion of 
 divided authority without entirely depriving Labour 
 Protection, both individual and general, of the assist- 
 ance of the ordinary administrative courts. This is 
 the task that I have repeatedly insisted upon as im- 
 peratively requiring to be taken in hand in connexion 
 with Labour Insurance. The Auer Motion attempts 
 to meet this necessity. 
 
 Much also that is very just and very practical is 
 contained in the idea of extending the sphere of 
 operations of the Imperial Labour Board and of the
 
 190 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 District Boai-ds so as to embrace not only Labour 
 Protection but every form of aid to labour. Com- 
 plaint is made that the organisation of Labour Insur- 
 ance, in spite of all caution, has frequently proved an 
 unpractical and costly piece of patchwork administra- 
 tion. Would it not then be more to the point, and 
 would it not more easily fulfil the object of Labour 
 Insurance and Labour Protection, and later on also 
 of dwelling reform, inspection of work, etc., to create 
 municipal district and provincial boards, with a great 
 Imperial Central Bureau at the head ? In order that 
 each special branch of protection might receive proper 
 attention, care would have to be taken in appointing 
 to the oflSces of the collective organ, to insure the 
 inclusion of the technical, juristic, police, hygienic, 
 and statistic elements, and it would be necessary to 
 group these elements into sections without destroying 
 the unity of the service. There would be no lack of 
 material, and it would not be difficult to secure a 
 good, efficient, and economical working staff. 
 
 No less reasonable is the idea of a '' guild " of the 
 eldest in the trade, or of a factory committee for the 
 several large works with representation of both classes 
 to appoint the district, provincial, and imperial labour 
 councils. So far from being extreme in this respect, 
 the Auer Motion is rather to be reproached with 
 incompleteness, and a lack of provision for local 
 Labour Councils and Labour Chambers, a point which 
 wo have already mentioned. But the representative 
 bodies would have a significance extending far beyond 
 the limits of Labour Protection — following the ex- 
 ample of Switzerland the von Berle^sch Bill admits
 
 DEVELOPMENT OF PROTECTIVE ORGANISATION. 191 
 
 factory labour-committees for dealing with matters 
 concerning the factory working rules — they would be 
 agencies for the care of labour, for the insurance of 
 social peace, the protection of morality, the settlement 
 of disputes and the maintenance of order in the 
 factory, for the instruction and discipline of appren- 
 tices, for the control of the administration of protec- 
 tive legislation, for dealing with the wage question, 
 in a word for softening the severe autocracy of the 
 employers and their managers by the co-operation 
 and advice of the workers. And in this case I have 
 nothing further to add to what I have already said on 
 the matter in a former article. 
 
 But the supporter of even the most comprehensive 
 scheme of labour representation does not stand com- 
 mitted to any such system of parliamentary manage- 
 ment of industry by democratic majority as is proposed 
 in the Auer Motion. The appointment and the work- 
 ing of the Labour Councils and Labour Chambers 
 seems to me to introduce quite another element into 
 the scheme. 
 
 The regular, not merely the accidental and occa- 
 sional, meeting of the inspectors with the body of 
 employers and workers is a recognised practical neces- 
 sity; a less bureaucratic system of industrial manage- 
 ment is demanded on all sides. Regularly appointed 
 ordinary and special meetings with the Labour Cham- 
 bers would no doubt accomplish much. The inspector 
 ought to be accessible to the expression of all wishes, 
 advice, and complaints ; but, on the other hand, 
 he should not yield blind obedience to the rulings 
 ^nd representations of such organs. The industi-ial
 
 192 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 inspector must be, and must remain, an officer of the 
 State, capable of acting independently of either class, 
 appointed by government ; only under these circum- 
 stances can he perform the duties of his office with 
 firmness and impartial justice ; in his appointment, in 
 his salary, and in the exercise of his official duties he 
 should be furnished with every guarantee to insure 
 the independence of his judgment. It is nowise in- 
 compatible with this that he should be open to receive 
 representations, whether in the way of advice, infor- 
 mation, or complaint. The more he lays himself open 
 to such in the natural course of work, the more im- 
 portant will his duties and position become, both on 
 his circuits and in his office. The right of appeal to 
 higher courts can always be secured to the Labour 
 Chambers in cases of complaint. But how should 
 representative bodies of this kind be formed ? 
 
 In answering this question care must be taken 
 above all not to confound such public Labour Cham- 
 bers as are suggested in the Auer proposals with 
 voluntary joint committees of both classes. Each of 
 these representative organs requires its own special 
 constitution. 
 
 The voluntary unions appoint committees for the 
 security of class interests, and especially for the pur- 
 pose of making agreements as to conditions of work. 
 The election of these representative bodies ought to 
 be made by both classes with unrestricted equal 
 eligibility of all, including the female, members of 
 any union, and without predominance of one class 
 over the other, or of any section of one class. 
 
 I have already in a former article (see also above.
 
 DEVELOPMENT OF PROTECTIVE ORGANISATION. 193 
 
 "Chap. V.) laid great stress upon the development ot" 
 this voluntary or conciliatoiy repi-esentation of both 
 classes as a means of ^ union which can never be re- 
 placed by the other or legal form of representation. 
 
 The need for a representative system in the organs 
 of the different forms of state-aid to labour is quite 
 -another matter. 
 
 Their tasks require special, public, legalised repre- 
 sentation, with essentially only the right of delibera- 
 tion ; but they may also decide by a majority of votes 
 questions which lie within the sphere of their compe- 
 tence. 
 
 As regards this public representation, it seems to 
 me that joint appointment by direct choice of all the 
 individuals in both classes, and out of either class, 
 rends to the preservation of class enmity rather than 
 to the mutual conciliation of the two classes and to 
 the promotion of their wholesome joint influence on 
 the boards. This kind of appointment might be dis- 
 pensed with by limiting direct election as far as pos- 
 sible to the appointment of the elementary organs 
 of representation ; but for the rest by drawing the 
 already existing authorities of a corporate kind into 
 the formation of the system of general representation. 
 Herein I refer to such already existing organs as those 
 <'f labour insurance, Chambers of Commerce and In- 
 dustrial guilds, railway boards, local and parliamentary 
 representatives ; and other elementary forms of cor- 
 porate action might also be pressed into the service. 
 A thoroughly serviceable, fully accredited personnel 
 would thus be secured for all Labour Boards. 
 
 This system might even be applied to the election 
 
 o
 
 194 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 or appointment by lot of the Industrial Court of Arbi- 
 tration. If the Labour Chambers were corporate 
 bodies really representative of the trade, then the 
 Industrial Courts of Ai'bitration, both provincial and 
 local, might be constituted as thoroughly trustworthy 
 public organs — without great expense, free from judi- 
 cial interference, competent as courts of the first and 
 second instance, and not in any way dependent on 
 the communal authorities — either freely elected by 
 the managers of the workmen's clubs and the em- 
 ployers' boards or companies, or chosen by lot from 
 the personnel of the already existing corporate institu- 
 tions above referred to. The system of direct election 
 by the votes of all the individual workers and em- 
 ployers would thus be avoided, and, more important 
 still, this method would meet the difficulty which 
 proved the crux of the whole question when the 
 organisation of Industi'ial Courts of Arbitration was 
 discussed in the last Reichstag : the distinction be- 
 tween young persoiis and adults would not enter into 
 consideration, either in the case of Labour Chambers 
 or of the Courts of Arbitration proceeding therefrom. 
 
 There would be no need, under this system, that 
 electors of either class should be required to limit 
 their choice of representatives to members of their 
 own class. Each body of electors would be free to 
 fix their choice on the men who possessed their con- 
 fidence, wherever such might bo found. This would 
 further help to stamp out the antagonisms which are 
 excitcid by the separate corporate representation of 
 V>oth classes. Men would bo appointed who would
 
 DEVELOPMENT OF PKOTEGTIVE ORGANISATION. 195 
 
 need no special protection against dismissal. But the 
 representatives of the workers when chosen out of tlie 
 midst of the working electorate might still receive 
 daily pay and defrayment of travelling expenses. If 
 this were entered to the account of the unions which 
 direct the election through members of the managing 
 committee, and if charged pro rata of the electors 
 appointed, a sufficient safeguard would be provided 
 against the temptation to protract the sessions or to 
 bribe professional electors. 
 
 The foregoing sketch of the executive and repre- 
 sentative development of the organisation of Labour 
 Protection in the direction of united, simple, uni- 
 form, specialized organisation of the whole aggregate 
 of aids to labour, ought at least to deserve some at- 
 tention. 
 
 Provided that the upward progress of our civilisa- 
 tion continues generally, this quite modern, hitherto 
 unheard of, development of boards and representative 
 bodies, even if only brought about piecemeal, will 
 eventually be brought to completion, and will effect 
 appreciable results in the State and in society. Some 
 of the best forms of special boards, i.e. special repre- 
 sentative bodies are already making their appearance, 
 e.g. the '^ Labour Secretariats" in Switzerland, the 
 American " Boards of Labour,^' and the Russian 
 "factory Courts" under the governments of St. 
 Petersburg, Moscow, and Vladimir (Act of June 23, 
 1868).
 
 CHAPTER XIII. 
 
 INTERNATIONAL LABOUR PROTECTION. 
 
 Years and years elapsed before the first supporters of 
 international protection received any recognition. 
 Then immediately before the assembling of the Berlin 
 Conference, the idea began to take an enormous hold 
 on the public mind. Switzerland demanded a con- 
 ference on the subject. Prince Bismark refused it. 
 The Emperor William II. made an attempt towards it 
 by summoning an international convention to discuss 
 questions of Labour Protection. 
 
 The inner springs of the movement for international 
 Labour Pi'otection are not, and have not been, the 
 same everywhere. 
 
 With some it is motived by the desire to secure for 
 wage labour in all " Christian " States conditions 
 compatible with human dignity and self-respect. This 
 was the basis of the Pope's negotiations with the 
 labour parties and with certain of the more high- 
 minded sovereigns aud princes. Others demand it in 
 the combined interests of international equilibrium of 
 competition and of Labour Protection, believing that 
 these two may be brought into harmony by the inter- 
 national process, since if industry were equally
 
 INTERNATIONAL LABOUR PROTECTION. 197 
 
 weighted everywhere, and the costs of production, 
 therefore, approximately the same everywhere, pro- 
 tected nations would not suffer in the world^s markets. 
 The first, the more "idealist" motive prevails most 
 strongly among Catholics, and contains no doubt a 
 deeper motive — namely, the preservation of the social 
 influence of the Church. At the International Catholic 
 Economic Congress at Suttich, in September, 1890, 
 this view prevailed, with the support of the English 
 and Germans, against the opposition of the Belgians 
 and French. 
 
 The light in which international Labour Protection 
 is viewed depends upon whether the one or the other 
 motive prevails, or whether both are working together. 
 
 Two results are possible. Either limits will be set 
 to the right of restricting protection of employment 
 and protection in occupation by means of universal 
 international legislation, or the interchange of moral 
 influence between the various governments will be 
 brought about by means of periodical Labour Pro- 
 tection Conferences and through the Press, which on 
 the one hand would promote this interchange of in- 
 fluence, and on the other hand would, uniformly for 
 all nations, demand and encourage the popular support 
 of all protective efforts outside the limits of the State. 
 
 Before the Berlin Conference it was by no means 
 clear what was expected of international Labour Pro- 
 tection. Since the Conference it has been perfectly 
 clear, and this alone is an important result. 
 
 The international settlement which Prince Bismark 
 had opposed ten years befoi^e did not meet with even 
 timid support at the Berlin Conference. England
 
 198 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 and Frauce were the strongest opponents of the idea 
 of the control of international protective legislation. 
 This can be proved from the reports of the Berlin 
 Conference. 
 
 The representative of Switzerland^ H. Blumer, in 
 the session of March 26^ 1890^ made a proposal, which 
 was drawn up as follows : — 
 
 " Measures should be taken in view of carrying out 
 the provisions adopted by the Conference. 
 
 " It may be foreseen on this point that the States 
 which have arrived at an agreement on certain 
 measures, will conclude an obligatory arrangement; 
 that the carrying out of such arrangement will take 
 place by national legislation, and that if this legislation 
 is not sufficient it will have to receive the necessary 
 additions. 
 
 " It is also safe to predict the creation of a special 
 organ for centralizing the information furnished, for 
 the regular publication of statistical returns, and the 
 execution of preparatory measures for the conferences 
 anticipated in pai'agraph 2 of the programme. 
 
 " Periodical conferences of delegates of the different 
 governments may be anticipated. The principal task 
 of these conferences will bo to develop the arrange- 
 ments agreed on and to solve the questions giving 
 rise to difficulty or opposition." 
 
 Immediately upon the opening of the discussion on 
 this motion, the delegates from Great Britain moved 
 the rejection of the proposal of Switzerland, *' since, 
 in their opinion, an International Convention on this 
 matter could not supply the place of special legislation 
 in any one country. The United Kingdom had only
 
 INTERNATIONAL LABOUR PROTECTION. 199 
 
 consented to take part iu the Conference on the 
 understanding that no such idea should be entertained. 
 Even if English statesmen had the wish to contract 
 international obligations with respect to the regulation 
 of factory labour, they would have no power to do so. 
 It is not within their competence to make the indus- 
 trial laws of their country in any way dependent on a 
 foreign power." The Austrian delegate suggested that 
 it be made quite clear " that the superintendence of 
 the carrying out of the measures taken to realise the 
 proposals of the Conference is exclusively reserved to 
 the Governments of the States, and that no interfer- 
 ence of a foreign power is permitted/' The Belgian 
 delegate " considers it advisable, in order that the 
 deliberations of the Conference may keep their true 
 character, not to employ the word ' proposals/ but 
 to substitute for it ' wishes,' or ' labours.' M. Jules 
 Simon, the French delegate, states that he and his 
 colleagues have received instructions which " forbid 
 them to endorse any resolution which either directly 
 or indirectly would appear to give immediate executive 
 force to the other resolutions formulated by the Con- 
 ference.'' And M. Tolain adds that ''it is true that 
 the French Government had always considered the 
 meeting of the Conference exclusively as a means of 
 enquiring into the condition of labour in the States 
 concerned, and into the state of opinion in respect to 
 it, but that they by no means intended to make it, at 
 any rate for the present, the point of departure for 
 international engagements." 
 
 The idea of an international code of Labour Pro- 
 tection could not have been more flatly rejected.
 
 200 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 Hence the opposition to the idea manifested by Prince- 
 Bismark was fully borne out by the Conference. 
 This opposition has everything in its favour, for it 
 is clear that a uniform international code of Labour 
 Protection would supply boundless opportunities for 
 friction and for stirring up international commercial 
 quarrels. If it were desired to establish Labour 
 Protection guaranteed by international agreement, it 
 would be found that there would be as many disturb- 
 ances of international peace as there are different kinds 
 of industry, nay, I will even say, as there are work- 
 men. The countries whose administration was best 
 and most complete would be the very ones that would 
 be most handicapped : seeing that they could expect 
 only a very minimum of real reciprocity from those 
 other contracting powers whose administration was 
 faulty, and where a strong national sentiment was 
 lacking in the workers, owing to their miserable and 
 penurious condition in the absence of effective pro- 
 tection for labour. Accurately to supervise the 
 observance of such an international agreement we 
 should require an amount of organisation which it is 
 quite beyond our power to supply. But even on 
 paper, international labour legislation has no signifi- 
 cance beyond that of creating international discon- 
 tent and agitation, and of supplying political ani- 
 mosity with inexhaustible materials tor arousing 
 international jealousy. The Berlin Conference has 
 negatively produced a favourable effect by the protest 
 of England and France, if one reflects how fiercely 
 the scepticism of Bisinark's policy was attacked 
 before the meeting of the Conference. Repeated
 
 INTERNATIONAL LABOUR PROTECTION. 201 
 
 readings of the reports of the Conference have con- 
 firmed me in the impression that Prince Bismark was 
 fully upheld by the Conference in his opposition to 
 the establishment of Labour Protection by inter- 
 national agreement. But I have felt it necessary to 
 clearly establish the grounds on which the opposition 
 to this form of protection is based. 
 
 The moral influence of the international Conference^ 
 however, has been on the other hand something more 
 than "vain beating the air." This is already shown 
 in the increased impetus given to the impi'ovement of 
 national labour-protective legislation. 
 
 The conclusions arrived at by the Conference as to 
 the international furtherance of Labour Protection 
 are, it is true, of the nature of recommendations 
 merely, and are in nowise binding on the govern- 
 mental codes of each country. But even as recom- 
 mendations they are practically of the greatest value. 
 None of the nations represented will venture, I think, 
 to disregard the force of their moral influence. All 
 the means recommended by the Conference have 
 promise of more or less success. Some of the propo- 
 sals, for instance, are : the repetition of international 
 Labour Protection Conferences, the appointment of a 
 general, adequate, and fully qualified industrial inspec- 
 torate, the international interchange of inspectors' 
 reports, the uniform preparation of statistics on all 
 matters of protection, the international interchange 
 of such statistics, and of all protective enactments 
 issued either legislatively or administratively.^ 
 
 ' Proposals YL, la-d, and II. Ic is as follows : " All the
 
 202 THEORY AND POLICY OF LABOUR PROTECTIOl^. 
 
 But what of the proposal for the appointment of an 
 international commission for the collection and com- 
 pilation of statistics and legislative matei'ials, for the 
 publication of these materials, and for summoning 
 Labour Protection Conferences, and the like ? And 
 what would this proposal involve ? 
 
 None of the objections which can be urged against 
 the enforcement of an international code of Labour 
 Protection would apply to this. The commission 
 would be well fitted to help forward the international 
 development, on uniform lines, of labour protective 
 legislation, without in any way fettering national in- 
 dependence. Its moral influence would be of great 
 international value. 
 
 What it would involve is also easy to determine. 
 Such a commission would be an international ad- 
 ministrative organ for the spread and development of 
 Labour Protection on uniform lines in all countries ; a 
 provision by International Law for the enfoi'cement of 
 the international moral obligations arising out of pro- 
 tective right. 
 
 That is really what the Labour Protection Confer- 
 ences would be if they met periodically as suggested. 
 At the Berlin Conference this at least was felt when 
 it was said that the Conference was indeed less than 
 a treaty-making Congress, but more than a scien- 
 tific Congress. " International Conferences may 
 be divided into two categories. In the first the 
 
 respective States, following certain rules, for which an under- 
 standing will have to be arrived at, will proceed periodically 
 to publish statistical reports with respect to the questions 
 included in the proposals of the Conference."
 
 INTEKNATIONAL LABOUR PEOTECTION. 203 
 
 l^Ienipotentiavies of different States have to conclude 
 Treaties, either political or economic, the execution of 
 which is guaranteed by the principles of international 
 law ; to the second category belong those Conferences 
 vvhose members have no actual powers, and give their 
 attention to the scientific study of the questions sub- 
 mitted to them, rather than to their practical and 
 immediate solution. Our Conference, from the nature 
 of its programme, and the attitude of some of the 
 States good enough to take part in it, has a character 
 of its own, for it cannot pass Resolutions binding on 
 the Governments, nor may it restrict itself to study- 
 ing the scientific sides of the problems submitted to 
 its examination. It could not aspire to the first of 
 these parts; it could not rest content with the second. 
 The considerations which have been admitted in the 
 Commissions relative to all the questions contained 
 in the programme have been inspired by the desire 
 of showing the working population that their lot oc- 
 cupies a high place in the attention of the difierent 
 Governments ; but these considerations have had 
 necessarily to bend to others which we cannot put 
 aside. In the first place, there was the wish to unite 
 all the States represented at the Conference in the 
 same sentiment of devotion to the most numerous 
 and the most interesting portion of society. It 
 would have been grievous not to arrive at the pro- 
 mulgation of general principles, by means of which 
 the solution of the most important half of the social 
 problem should be attempted. It was evidently not 
 possible to arrive at once at an agreement on all its 
 details. But it was necessary to show the world that
 
 204 THEOET AND POLICY OF LABOUR PROTECTION. 
 
 all the States taking part in the Conference were met 
 in the same motives of humanity/' 
 
 The proposal of a commission for summoning re- 
 peated conferences, international, uniform gatherings- 
 of representatives of all non-governmental agencies of 
 Labour Protection, for the purpose of dealing uni- 
 formly with the i-equirements of a progressive policy 
 in national labour-protective legislation, was a sum- 
 ming up of the demands urged by the Conference for 
 a strong, international, administrative organisation 
 for the furtherance of Labour Protection by the inter- 
 national exchange of moral persuasion, but without 
 the enforcement of a code of international application. 
 
 From a scientific point of view it is of the highest 
 interest to observe how international right, and even 
 to some extent an international administrative right, 
 is here breaking out in an entirely new direction. 
 Treaties between two or more, or all, civilized States 
 have hitherto mainly been treaties for combined action 
 in certain eventualities (treaties of alliance), or terri- 
 torial treaties for defining spheres of influence. Or 
 else they have been treaties for the reciprocal treat- 
 ment of persons or of goods passing between or 
 remaining in the territories of the respective contract- 
 ing States : migration treaties, commercial treaties,, 
 treaties concerning pauper aliens, tariff treaties and 
 other treaties. Or they have been treaties for the 
 prevention of the spread of infectious diseases. The 
 exercise of international activity in the creation,, 
 development, and regulation of an international uni- 
 form Social Policy would be quite a new departure. 
 Probably the idea of Switzerland has not been thmwu 
 out altogether in vain.
 
 CHAPTER XIV. 
 
 THE AIM AND JUSTIFICATION OF LABOUR PROTECTION. 
 
 The aim and justification of Labour Protection have 
 I think become suflBciently clear in the course of our 
 inquiry. It is now only necessary to recapitulate. 
 
 Labour Protection, especially protection by limita- 
 tion of employment, and protection in occupation, is 
 first and foremost the social care of the present and 
 of all future generations, security against neglect of 
 their spiritual, physical, and family life through the 
 unscrupulous exploitation of wage-labour. Hence 
 Labour Protection is indirectly protection also of the 
 capitalist classes of the future, and therefore far from 
 being unjust, it even acts in the highest interests of 
 that part of the nation which by virtue of the fact 
 of property or ownership is not in need of any special 
 Labour Protection. 
 
 In fulfilling its purpose. Labour Protection even 
 goes bej^ond the woi'k of upholding and strengthening 
 national labour, when it takes the form of interna- 
 tionally uniform Labour Protection such as was lately 
 projected at the Berlin Conference, and such as is 
 becoming more and moi'e the goal of our efforts. 
 
 This international Labour Protection is a universal 
 
 205
 
 206 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 demand of liutaanity, morality and religion, especially 
 from the standpoint of the Church, like that of 
 international protection of all nations against slave r3^ 
 but it is also no doubt demanded in the interests of 
 international equilibrium of competition. 
 
 The aim of Labour Protection for the worker indi- 
 vidually lies far beyond mere industrial protection. 
 Protection of labour extends to the person of indi- 
 vidual labourers and their freedom as regai'ds re- 
 ligious education, instruction, learning, and teaching, 
 social intercourse, morality and health, and especially 
 does it afford to every man security of family life. 
 
 In this social and individual aim lies its justifica- 
 tion, subject to certain conditions. These conditions 
 we have already examined. 
 
 The first condition is, that special protection shall 
 only be used to guard against distinct dangers arising 
 out of employment in service. Next, Labour Protec- 
 tion is only justified in dealing with such dangers 
 as cannot or can no longer be adequately guarded 
 against by any or all of the old forms of protection, 
 viz., self-help, family protection, private agencies and 
 non-governmental corporate agencies, or the pro- 
 tection of the regular administrative and judicial 
 authorities, and even with such dangers only so far 
 as is absolutely necessary. And lastly, the extra- 
 ordinary State protection contained in the several 
 labour-protective enactments must be adapted to thi' 
 suppression of such dangers altogether. 
 
 Bearing in mind these conditions, it will be found 
 on examination of the several measures of Labour 
 Protection, as they appear in the resolutions of the
 
 LEGITIMATE SCOPE OF LABOUR PROTECTION. 207 
 
 Berlin Conference and in the von BerlepscJt Bill, that 
 not one of them oversteps these limits. The labour 
 protective code as already existing, and as projected 
 by government, nowhere stretches its authority beyond 
 the specified point, either in its scope, extension or 
 organisation ; at present it rather errs on the side of 
 caution, and in many respects it does not go nearly 
 so far as it might. This also I claim to have shown 
 in the foregoing pages. This fact alone fully justifies- 
 the policy of Labour Protection as at present projected 
 by the German government. 
 
 It is in nowise intended (as shown in Chaps. IV. 
 to X.) by this protective policy to supplant and replace 
 free self-protection and mutual protection, or the 
 ordinary State protection of common law. 
 
 No addition to Labour Protection will be permitted 
 except where special need exists. 
 
 In no case shall a larger measure of protection be 
 afforded than necessary. There is no question of 
 treating all and everywhere alike the various classes 
 of industrial wage-labour needing protection. But 
 rather that complete elasticity of treatment is ac- 
 corded, which is required in view of the variety of 
 needs for protection and of the different degrees of 
 difficulty of applying it; it is this variety which 
 necessitates extraordinary State intervention, extra- 
 ordinary alike in scope, basis and organisation. 
 
 Labour Protection has not, it is true, by any means 
 reached its full development either in aim and scope 
 or in organisation. None of those further demands, 
 however, from various quarters, which I have treated 
 in this book as within the range of discussion ovei'-
 
 208 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 step in any essential degree the limits imposed on 
 Labour Protection, regarded as special and supple- 
 mentary intervention of the State. 
 
 Even the Auer Motion when carefully examined 
 — if we set aside the general eight hours day and 
 oertain special features of organisation, in particular 
 its claim to include in its scope the whole of industry 
 — is not reall}^ as extravagant as it appears at first 
 sight; for although indeed it demands complete 
 Labour Protection for all kinds of industrial work, 
 it requires onl}^ the application of the same special 
 measures as are also demanded in other quarters, 
 and as I have shown to be justified, except in a 
 few special cases where it calls for more drastic 
 measures. 
 
 We have seen also that the policy of Labour Pro- 
 tection does not involve a kind of State intervention 
 hitherto unknown. The State has long afforded 
 regular administrative and judicial protection to the 
 work of industrial wage-service, and has even inter- 
 fered in a special manner in the case of children, 
 young men, young women and adult women ; and for 
 still longer in the case of adult men, by aS'ordiug 
 protection in the way of limitation of employment, 
 truck protection and protection in occupation, and by 
 affording protection of contract through the Industrial 
 Regulations, applied to non-factory as well as to 
 factory labour. The application of protection by 
 limitation of employment is thus far from being the 
 lirst exercise of State interference with the hitherto 
 unrestricted freedom of contract. Nothing will be 
 found in the developments of protection here dealfc
 
 LEGITIMATE SCOPE OP LABOUR PROTECTION. 209 
 
 with, that has not long ago been demanded and 
 granted elsewhere, chiefly in England, Austria and 
 Switzerland. 
 
 The economic burden imposed upon the nation 
 by Labour Protection, when compared with that of 
 Labour Insurance, which we have already, will be 
 found to be comparatively small. Those measures 
 which call for the greater sacrifices' — protection of 
 married women, and regulation of the factory ten 
 hours working-day — are recommended on all sides 
 by way of international uniform regulations. 
 
 Freedom of contract will not be impaired, since? 
 such adults as are included under Labour Protection 
 stand in special need of protection, and are as incap- 
 able of self-defence as minors in common law ; we 
 have discussed and proved this contention point by 
 point. This will certainly soon be recognised gener- 
 ally, even by England and Belgium, whose represen- 
 tatives at the Berlin Conference laid such stress on 
 freedom of contract for adults. 
 
 An international and internationally administered 
 code for the whole of Labour Protection is strictly to 
 be avoided. 
 
 The wider measures of Labour Protection demanded 
 by the Berlin Conference, and the vo)i Berlepsch Bill,^ 
 I conclude therefore to be nothing more than a fully 
 justifiable and harmless corollary and supplement to 
 the Social Policy of the Emperor William II. and 
 of Prince Bismark. 
 
 By following in the paths already trodden without 
 
 ^ See Appendix.
 
 210 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 ill results by separate countries, long ago by some, 
 only lately by others, in paths therefore which have 
 to a certain degree been explored, this policy will 
 need to be subjected to fewer alterations than that 
 great and noble policy of Labour Insurance which has 
 struck out in entirely new paths, and too often worked 
 in consequence by somewhat unpractical methods.
 
 APPENDIX. 
 
 Industrial Code Amendment Bill (Germany). 
 
 IJtine 1st, 1891]. 
 
 We, William, by the grace of God Emperor of Germany, 
 etc., decree in the name of the Empire, by and with 
 the consent of the Federal Council and Reichstag, as 
 follows : — 
 
 Article I. 
 After § 41 of the Indastrial Code shall be inserted : 
 
 §41(1. 
 
 Where, in accordance with the pi^ovisions of §§ 1056 
 to 105^, employment of assistants, apprentices and 
 workmen is prohibited in any trading industry on Sun- 
 days and holidays, no industrial business shall be carried 
 on on those days in public sale-rooms. 
 
 This provision shall not preclude further restrictions 
 by common law of industrial business on Sundays and 
 holidays. 
 
 Article II. 
 
 After § 55 of the Industrial Code shall be inserted. 
 
 211
 
 212 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 § 55 a. 
 
 On Sundays and holidays (§ 105 a, 2) all itinerant in- 
 dustrial business, so far as it is included in § 55 (1) 1-3,. 
 shall be prohibited, as -well as the industrial business of 
 the persons specified in § 426. 
 
 Exceptions maybe allowed by the lower administrative 
 authorities. The Fedei^al Council is empowered to issue 
 directions as to the terms and conditions on which excep- 
 tions may be allowed. 
 
 Article III. 
 
 Chapter VII. of the Industrial Code shall be amended 
 as follows : — 
 
 CHAPTER VII. 
 
 Industrial workers (journeymen, assistants, apprentices,, 
 managers, foremen, mechanics, factory workers). 
 
 I. General Relajions. 
 
 § 105. 
 
 The settlement of relations between independent in- 
 dustrial employers and workers shall be left to voluntary 
 agreement, subject to the restrictions laid down b}' im- 
 perial legislation. 
 
 § 105a. 
 
 Employers cannot oblige their work people to work on 
 Sundays or holidays. 
 
 This, however, does not apply to certain kinds of woi'k 
 mentioned further on. Holidays are determined by the 
 State Govei'iiments in accordance with local customs and 
 religious belief.
 
 APPENDIX. 213 
 
 § 105 &. 
 
 There shall be no work on Sundays and holidays in 
 mines, salines, smelting works, quarries, foundries, fac- 
 tories, workshops, carpenters' yards, masons' and ship- 
 builders' yards, brick-fields, and buildings of any kind. 
 
 For every Sunday and holiday the workpeople of such 
 <3stablishments must be allowed a rest of at least 24 
 hours, for two consecutive holdings of 36 hours ; and for 
 Christmas, Easter and Whitsuntide of 48 hours. The 
 iperiod of rest must be counted from midnight, and in 
 the case of two consecutive holidays must last till 6 p.m. 
 of the second day. In establishments where regular day 
 •jind night gangs are employed, the period of rest may 
 •commence at any time between 6 p.m. of the preceding 
 week-day and 6 a.m. of the Sunday or holiday, provided 
 that the work is completely suspended for 24 hours from 
 .such commencement. 
 
 The assistants, apprentices and workpeople in small 
 trades and handicrafts must not be employed on Christ- 
 mas Day, Easter Sunday and Whit Sunday; on other 
 .Sundays and holidays they must not be employed for 
 more than five hours. 
 
 By statutory regulation of the parish or municipal 
 authorities, such Sunday work can be further resti-icted 
 •or entirely prohibited for particular branches of trade. 
 For the last four weeks before Christmas, and for parti- 
 cular Sundays and holidays, which, owing to local condi- 
 tions call for greater activity in trades, the police authori- 
 ties may order an extension of the hours of work up to 
 ten. The hours of work must be so fixed as to admit 
 of attendance at Divine worship. The hours may be 
 variously fixed for the different branches of trading 
 industiy.
 
 214 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 § 105 c. 
 
 The provisions of 105 h do not apply : 
 
 1. To work which mnst be carried on without delay in 
 
 cases of necessity and in the public interest ; 
 
 2. To the work of keeping the legally prescribed register 
 
 of Sunday labour ; 
 
 3. To the work of watching, cleaning* and repairing the 
 
 workshops, required for the regular continuance of 
 the main business or of some other business, nor to 
 any work on which depends the resumption of the 
 full daily working of the business, wherever such 
 work cannot be carried on dui'ing working days ; 
 
 4. To such work as may be necessary in order to protect 
 
 from damage raw materials or the produce of work, 
 wherever such cannot be carried on during working 
 days; 
 
 5. To the supervision of such work as is carried on on 
 
 Sundays and holidays, in accordance with the provi- 
 sions of clauses 1 to 4. 
 
 Employers must keep an accurate register of the work- 
 men so employed on each Sunday aiid holiday, stating 
 their number, and the hours and nature of the work. 
 The register must be produced for examination at any 
 time at the request of the local police authorities or of 
 the official specified in ,§ 139 fc. 
 
 If the Sunday employment exceeds three hours, or 
 prevents the workpeople from attending Divine worship, 
 a rest of 36 hours must bo given to such workpeople 
 every third Sunday, or they must be fi-ee every second 
 Sunday from 6 a.m. to 6 p.m. 
 
 p]xceptions to the above may bo allowed by the lower 
 administrative authorities, provided that the workpeople 
 arc not pi-evcnted from attending Divine worship on 
 Sundays, and that a rest of 24 hours is granted to them 
 on a \v('('k-(l;iy in lien of Sunday.
 
 APPENDIX. 215 
 
 § 105 J. 
 
 The Federal Council may make further exceptions to 
 the provisions of § 1056, 1 in certain defined industries, 
 especially in the case of operations which do not admit 
 of delay or interruption, or which are limited by natural 
 causes to certain times and seasons, or the natui^e of 
 which necessitates increased activity at certain times of 
 the year. The regulation of the work permitted in such 
 business on Sundays and holidays, and the regulation of 
 the conditions on which sucb work shall be permitted, 
 shall be uniform for all business of the same kind, and 
 shall be in accordance Avith the provision of § 105 c, 3. 
 
 The regulations laid down by the Federal Council shall 
 be published in the Imperial Law Gazette^ and shall be 
 laid before the Reichstag at the next session. 
 
 § 105e. 
 
 Exceptions to the restrictions of work on Sundays and 
 holidays may also be made by the higher administrative 
 authorities in trades which supply the daily necessaries 
 of life to the public, and in those that require increased 
 activity on those days ; also in establishments the work- 
 ing of which depends upon the wind or upon the irregu- 
 lar action of water power. The i-egulation of these 
 exceptions shall be subject to the provision of § 105 c, 3. 
 
 The procedure on application for permission of excep- 
 tions in the case of establishments employing machinery 
 worked wholly or mainly by wind or by the irregular 
 action of water power, shall be subject to the enactments 
 of §§ 20 and 21. 
 
 § 105/. 
 
 In order to prevent a disproportionate loss or to meet 
 an unforeseen necessity, the lower administrative authori- 
 ties may also allow exceptions for a specified time to the 
 provision of § 1056, 1.
 
 •il6 THEORY AND POLICY OF LABOUE PROTECTION. 
 
 The orders of the lower administrative authorities 
 shall be issued in writing, and must be produced by the 
 employer for examination in the office of the business at 
 the request of the official appointed for the revision. A 
 copy of the orders shall be hung up inside the place of 
 business in some spot easily accessible to the workers. 
 
 The lower administrative authorities shall draw up a 
 register of the exceptions gTanted by them, in which shall 
 be entered the name of the firm, the kind of work per- 
 mitted, the number of workers employed in the business, 
 and the number required for such Sunday or holiday 
 labour, also the duration of such employment and the 
 gi'otinds on which it is permitted. 
 
 § 105^. 
 
 The prohibition of Sunday work may be extended by 
 Imperial Ordinance, with consent of the Federal Council, 
 to other trades besides those mentioned in the Act. 
 These ordinances shall be laid before the Reichstag at the 
 next session. The provisions of §§ 105c to 105/ shall 
 apply to the exceptions to be permitted to such prohibi- 
 tion. 
 
 § 105 /i. 
 
 The provisions of §§ 135a to 105(7 do not preclude 
 farther restrictions by common law of work on Sundays 
 and holidays. 
 
 The Central Provincial Court shall be empowered to 
 permit departures from the provisions of § 1056, 1, for 
 •special holidays which do not fall upon a Sunday. The 
 2)rovision does not apply to Christmas, Easter, Ascension 
 Day or Whitsuntide. 
 
 ^ 105 i. 
 
 The provisions of §§ 105a, 1, 1056 to 105 f/ do not apply 
 to public houses and beerhouses, concerts, spectacles.
 
 APPENDIX. 217 
 
 theatrical representations, or any kind of entertainment, 
 nor to carrying industries. 
 
 Industrial employers may only exact from their work- 
 people on Sundays and holidays such work as admits of 
 no delay or inten-uption. 
 
 §106. 
 
 Industrial employers who have been deprived of civil 
 rights shall not, so long as they remain deprived of these 
 rights, undertake the instruction of workers below 18 
 years of age. 
 
 The police authorities may enforce the dismissal of 
 workers employed in contravention of the foregoing pro- 
 hibitions. 
 
 § 107. 
 
 Unless special exceptions are made by Imperial Ordi- 
 nance, persons under age shall only be employed as 
 workers on condition that they are furnished with a work 
 register. At the time of engaging such workers, the 
 employer shall call for the work register. He shall be 
 bound to keep the same, produce it upon official demand, 
 and return it at the legal expiration of service relations. 
 It shall be returned to the father or guardian if de- 
 manded by them, or if the worker has not yet completed 
 his sixteenth year, in other cases it shall be returned to 
 the worker himself. 
 
 With consent of the local authorities of the district 
 specified in § 108, the work register may also be handed 
 over to the mother or other relation, or directly to the 
 worker himself. 
 
 The forgoing provisions do not apply to children who 
 are under compulsion to attend the national schools. 
 
 § 108. 
 
 The work register shall be supplied to the worker by 
 the police authoi'ities of that distinct in which he has
 
 218 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 last made a proti^acted stay ; but if this was not within 
 the limits of the German Empire, then it shall be free of 
 costs aud stamp duty in any German district chosen by 
 him. It shall be supplied at the request or with the con- 
 sent of the father or guardian ; and if the opinion of the 
 father cannot be obtained, or if the father refuses consent 
 on insufficient grounds, and to the disadvantage of the 
 worker, the local authorities shall themselves grant con- 
 sent. 
 
 Before the register is supplied it must be certified that 
 the worker is no longer under compulsion to attend 
 school, and an affadavit must be made that no work 
 register has previously been supplied to him. 
 
 §109. 
 
 If the work register is completely filled up, or can no 
 longer be used, or if it has been lost or destroyed, another 
 work register shall be supplied in its place by the local 
 authorities of the district in which the holder of the 
 register has last made a protracted stay. The register 
 which has been filled up, or which can no longer be used, 
 shall be closed by an ofl&cial mark. If the new register 
 is issued in the place of one which can no longer be used, 
 or which has been lost or destroyed, the same shall be 
 notified therein. In such case a fee of fifty pfennig may 
 be charged. 
 
 § 110. 
 
 Tlic work register (§ 108) must contain the name of the 
 worker, the place, year and day of his birth, the name 
 and last residence of his father or guardian, and tlie sig- 
 nature of the worker. The register shall be supplied 
 under seal and signature of the magistrate. Thc> latter 
 shall draw up a schedule of the work registers supplied 
 by him.
 
 APPENDIX. 219 
 
 The kind of work registers to be used sliall be deter- 
 mined by the Imperial Chancelloi-. 
 
 §111. 
 
 On admission of the worker into service relation, the 
 employer shall enter, in the place provided for that pur- 
 pose in the register, the date of admission, and the nature 
 of the employment, and at the end of the term of service, 
 the date of leaving, and if any change has been made in 
 the employment, the nature of the last employment. 
 
 The entries shall be made in ink, and shall be signed 
 by the employer or by the business manager authorised 
 thereto by him. 
 
 The entries shall contain no mark intended to attribute 
 a favourable or unfavourable character to the holder of 
 the register. 
 
 The entry of a judgment upon the conduct or manner 
 of work of the worker, and other entries or mai'ks in or 
 on the register for which no provision is made in this 
 Act, shall not be permitted. 
 
 § 112. 
 
 If the work register has been rendered unfit for use by 
 the employer, or has been lost or destroyed by him, or if 
 signs, entries, and marks have been made in or on the- 
 register, or if the employer refuses without legal grounds 
 to deliver up the register, the issue of a new register may 
 be demanded at the cost of the employer. 
 
 Any employer who in defiance of his legal obligation 
 has not delivered up the register in due time, or who has 
 neglected to make the requisite entries, or who has made 
 illegal signs, entries or marks, may be forced to compen- 
 sate the worker. The claim for compensation expires if 
 no complaint nor remonstrance is made within four 
 weeks.
 
 220 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 § 113. 
 
 On quitting service workers may demand a testimonial 
 setting forth the nature and duration of their employ- 
 ment. 
 
 This testimonial may, at request of the workei'S, bear 
 evidence as to their conduct and manner of working. 
 
 Employers are forbidden to add irrelevant remarks 
 <!oncerning the workmen other than those required for 
 the purpose of the testimonial. 
 
 If the worker is under age, the testimonial may be 
 demanded by the parent or guardian. They may demand 
 that the testimonial shall be handed to them and not to 
 the worker. With consent of the local authorities of the 
 district, specified in § 108, the testimonial may be handed 
 directly to the worker himself, even against the will of 
 the father or guardian. 
 
 §114. 
 
 x\t the request of the worker the local police magistrate 
 shall confii-m the entries in the register and in the testi- 
 monial handed to the worker, free of costs and stamp 
 duty. 
 
 § 115. 
 
 Industrial employers shall be bound to reckon and pay 
 the wages of the worker in coin of the realm. 
 
 They shall not credit the workers with goods. But 
 they may be permitted to supply tlie workers under their 
 care with provisions at cost price, with dwellings and 
 land at the customary local rate of rent and hire, with 
 firing, lighting, board, medicines and medical assistance, 
 also with tools and materials for work, at the average 
 cost price, and to charge such to their account in pay- 
 ment of wage. 
 
 Materials and tools may be .supplied for contract work 
 4it a higher j)ricc, provided the agi'eement be made before-
 
 APPENDIX. 221 
 
 hand, and the price do not exceed tlie customary local 
 prices. 
 
 § 115 a. 
 
 Wage payment and payments on account shall not be 
 made in public-houses or beer-houses or sale-rooms, with- 
 out the consent of the lower administrative authorities ; 
 they shall not be made to a third party on pretext of 
 legal claims thereto, or on production of documents 
 showing legal claims, such being legally void under § 2 of 
 the Appi'opriation of Work Wage or Service Wage Act 
 of June 21st, 1869 (Federal Law Gazette, p. 242). 
 
 §116. 
 
 Workers whose claims have been dealt with in a- 
 manner contrary to § 116 may at any time demand pay- 
 ment in accordance with § 115, and no objection shall be 
 urged against such claim on the ground that they have 
 already received something in lieu of payment. The 
 first payment, if it still remains in the hands of the 
 recipient, or if he is still deriving advantage therefrom, 
 shall be handed over to the workers' provident fund, or, 
 in default of such, to such other fund existing in the 
 locality for the benefit of the workers, as shall be deter- 
 mined by the local authorities, or, in default of such, to 
 the local poor fund. 
 
 § 117. 
 
 Agreements made in contravention of § 115 shall be 
 void. 
 
 The same shall apply also to agi*eements between 
 industrial employers and their workpeople as to the 
 supply of goods to the latter from certain shops, and to 
 agreements as to the appropriation of the earnings of the 
 latter to any other purpose than to contributing to
 
 222 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 schemes for the improvement of the condition of the 
 workers or their families. 
 
 §118. 
 
 Claims for goods supplied on credit in contravention of 
 § 115, can neither be sued for by the creditor, nor charged 
 to account, nor otherwise made good, whether the trans- 
 action was made directly between the parties, or in- 
 dii-ectly. Such claims shall be appropriated to the funds 
 specified in § 116. 
 
 §119. 
 
 The expression " industrial employers," as used in 
 §§ 115 to lis, includes members of their families, their 
 assistants, agents, managei'S, overseers and foremen, and 
 other directoi's of industry in whose business any one of 
 the persons here mentioned directly or indirectly takes 
 part. 
 
 § 119a. 
 
 Retentions of wage reserved by the employer of indus- 
 try as security for compensation for loss arising from 
 illegal dissolution of service relations, or as a stipulated 
 fine imposed in such a case, shall not exceed a quarter of 
 the usual wage in single wage payments, and the nett 
 amount shall not exceed the amount of the average 
 weekly wage. 
 
 By statutory provision of a parish or any larger corpo- 
 rate union it may be determined for all industrial trades, 
 or for certain kinds of the same : 
 
 1. That wage payments and payments on account shall 
 
 be made at certain fixed intervals, which shall not 
 be longer than one month, and not shorter than one 
 week; 
 
 2. That the wage earned by workers under age shall be 
 
 paid to the parents or guardians, and only with their
 
 APPENDIX. 223 
 
 written consent or voucher for the receipt of the last 
 wage payment directly to the young workers them- 
 selves ; 
 ^3. That industrial employers shall give information with- 
 in certain fixed periods, to the parents or guardians 
 as to the amount of wage paid to woi-kei's under 
 age. 
 
 § 1196. 
 
 The woi"kers specified in §§ 115 to 119a include also 
 such persons as are employed by certain specified indus- 
 trial employers, outside the work places of the latter, in 
 the preparation of industrial products, even if the raw 
 materials and accessories are furnished by the workers 
 themselves. 
 
 § 120. 
 
 Employers of industry shall be bound in the case of 
 workers under eighteen years of age who attend a place 
 of instruction recognised by the local authorities or by 
 the State, to grant them for such purpose the requisite 
 time, to be fixed by the appointed authority. Instruction 
 shall only take place on Sundays, provided that the hours 
 of instruction are so fixed that the scholars may not be 
 prevented from attending Divine Service or any special 
 services appointed by the spii'itual authorities of their 
 respective denominations. Exceptions to this provision 
 may be granted by the Central Court until October 1, 
 1894, in the case of existing educational schools, attend- 
 ance at which is not compulsory. 
 
 Educational schools, as understood by this provision, 
 include establishments in which insti'uction is given in 
 female handiwork and domestic work. 
 
 By statutory provision of a parish or any larger cor- 
 porate union (§ 142) obligation may be imposed on male 
 workers under eighteen years of age to attend an educa- 
 tional school, Avhere such obligation is not imposed by
 
 224 THEOEY AND POLICY OF LABOUR PEOTECTION. 
 
 common law. In the same way necessary provisions may 
 be made for the enforcement of such obligation. In 
 particular, statutory provisions may be made to ensure 
 the regular attendance at school of such children as are 
 under the age of compulsion, and to determine the obliga- 
 tions of the parents, guardians and employers in this 
 respect, and directions shall be issued for the insurance 
 of order in the school and of the proper behaviour of the 
 scholars. Such persons as attend a guild school or other 
 educational or technical school, shall be released from 
 obligation imposed by statutory provisions to attend an 
 educational school, where such guild or other educational 
 or technical schools are recognised by the higher adminis- 
 trative authorities as fitting substitutes for the instruction 
 of the general educational schools. 
 
 § 120 a. 
 
 Employers of industry shall be bound so to arrange 
 and maintain their workrooms, business plant, machines 
 and tools, and so to regulate their business, that the 
 workers may be protected against dangers to life and 
 health, so far as the nature of the business may allow. 
 
 In particular, attention shall be paid to the supply of 
 sufficient light, a sufficient cubic space of air and ventila- 
 tion, to the removal of all dust and dirt arising from the 
 work, and of all smoke and gases developed thereby, as 
 well as to any risks inherent in it. 
 
 Also such arrangements shall be made as are necessary 
 to protect the woi'kers against dangerous contact with 
 the machines or parts of the machinery, or against other 
 dangers proceeding from the nature of the place of busi- 
 ness or of the business itself, especially against danger 
 arising from fire in the factory. 
 
 Lastly, such orders shall be issued for the regulation 
 of business and the conduct of the workers, as may be 
 neceSsaiy to ensure freedom from danger in woi-k.
 
 APPENDIX. 225 
 
 § 1206. 
 
 Employers of industry shall be bound to make such 
 arrangements and to issue such orders for the conduct of 
 the workers as may be necessary to ensure the mainten- 
 ance of decency and good morals. 
 
 In particular, separation of the sexes in their work 
 shall be enforced so far as the nature of the business 
 may permit, where the maintenance of good morals and 
 decency cannot be otherwise ensured in the arrangement 
 of the business. 
 
 In establishments where the nature of the business 
 renders it necessary for the workers to change their 
 clothes and wash themselves after their work, sufficient 
 separate rooms for dressing and washing shall be pro- 
 vided for each sex. 
 
 Sufficient lavatories shall be provided for the number 
 of the workers, and they shall be so arranged as to meet 
 all requirements of health, and to allow of their being 
 used without offence to decency and morality. 
 
 § 120c. 
 
 Employers of industry employing workers under 
 eighteen years of age shall be bound in the arrangement 
 of their places of business, and in the regulation of their 
 business, to take such precautions for the security of 
 health and moi-als as may be required by the age of the 
 workers. 
 
 § 120d. 
 
 The appointed police authorities shall be empowered to 
 issue orders for separate establishments for the carrying 
 out of such measures as may seem necessary for the 
 maintenance of the principles laid down in §§ 120 a to 
 120 c, and such as may seem practicable according to 
 the nature of the establishment. They may order that 
 suitable rooms, heated during the cold season, be placed 
 
 Q
 
 226 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 free of charge at the disposal of the workers, in which 
 the meal times may be spent outside the workrooms. 
 
 A sufficient delay must be granted for the carrying 
 out of the measures ordered, unless they be directed to 
 the removal of some pressing danger, threatening life 
 or health. 
 
 In the case of establishments already existing at the 
 time of the proclamation of this Act (not including 
 extensions and outbuildings since added), only such re- 
 quirements shall be demanded as may seem necessary for 
 the removal of grave evils endangering the life, health 
 or morals of the workers, and only such as may seem 
 practicable without disproportionate expense. 
 
 The employer shall have right of appeal within two 
 weeks to the higher administrative authorities against 
 the order of the police magistrate ; and within four weeks 
 to the Central Court against the decision of the higher 
 administrative authorities. The decision of the Central 
 Court shall be iinal. If the order is contrary to the 
 directions issued by the authorised trade guild for pre- 
 cautions against accidents, the president of the trade 
 guild shall be empowered to use the afore-named remedies 
 within the period gi-antcd to the employer. 
 
 § 120«. 
 
 By decision of the Federal Council, directions may be 
 issued, showing Avhat I'cquirements shall be sufficient in 
 certain kinds of establishments for the maintenance of 
 the principles laid down in §§ 120(1 to 120c. 
 
 Where such directions are not issued by decision of 
 the Federal Council, they may be issued by order of the 
 Central Provincial Coui-t or by police regulations of such 
 courts as are em]io\voi'0(l to issue the same. Before the 
 issue of such ortlcrs iiiul jiolicc regulations, opportunity 
 shall be given to tlie pi-esidents of trade guilds or of 
 soctions of trade guilds, to express their opinion thereon.
 
 APPENDIX. 227 
 
 The provisions of § 79, I. of the Insurance against Acci- 
 dents Act of July 6, 1884?, do not apply to this. 
 
 In the case of those industries in which the health 
 of the workers would be endangei'ed by the excessive 
 duration of daily work, orders may be issued by decision 
 of the Federal Council as to the duration, beginning and 
 ending of the time permitted for daily work, and as to 
 the intervals to be granted ; and the necessary orders 
 may be issued for the enforcement of these directions. 
 
 Directions issued by decision of the Federal Council 
 shall be published in the Imperial Law Gazette, and shall 
 be laid before the Reichstaar for discussion at the next 
 
 II. Relations of Journeymen and Assistants. 
 
 § 121. 
 
 Journeymen and assistants shall be bound to obey the 
 orders of the employer with respect to the work entrusted 
 to them, and to comply with domestic arrangements ; 
 they shall not be obliged to perform domestic work. 
 
 § 122. 
 Working relations between journeymen or assistants 
 and their employers may be dissolved by notice given 
 fourteen days previously by either party, unless agreement 
 to the contrary has been made. If other periods of notice 
 have been agreed on, they must be equal for both parties. 
 Agreements made in contravention of this provision shall 
 be void. 
 
 § 123. 
 Journeymen and assistants may be dismissed before the 
 expiration of the contract time, and without notice : 
 1. If, in concluding the contract of work they have 
 deceived the employer by producing a false or falsi-
 
 228 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 fled work register or testimonial, or if thej have 
 deceived bim as to the existence of some other work- 
 ing relation in wliich they already stand ; 
 
 2. If they are guilty of theft, appropriation, embezzle- 
 
 ment, deceit or immoral living ; 
 
 3. If they have quitted work witliout permission, or have 
 
 otherwise persistently refused to fulfil the obligations 
 imposed upon them by the contract ; 
 
 4. If, in spite of warnings, they carelessly carry about fire 
 
 and light ; 
 
 5. If they are guilty of violence or abuse towards the 
 
 employer or his representatives or towards the rela- 
 tives of the employer or of his representatives ; 
 
 6. If they are guilty of wilful and illegal damage to the 
 
 injury of the employer or of a fellow- worker ; 
 
 7. If they lead or seek to lead relatives of the employer 
 
 or of his representatives or of their fellow-workers 
 into illegal or immoral courses, or if they unite with 
 I'elatives of the employer or of his I'epresentatives 
 in committing illegal or immoral acts ; 
 
 8. If they are incapable of continuing work or are afflicted 
 
 with serious illness. 
 
 In the cases mentioned under Nos. I to 7, dismissal 
 shall no longer be permissible if the grounds thereof 
 have been known to the emplo3^cr for longer than one 
 week. 
 
 In the case mentioned under No. 8, it shall be deter- 
 mined in accordance with the contract and with genei-al 
 legal enactments, how far claims for compensation may 
 be preferred by the party dismissed. 
 
 § 124. 
 
 Journeymen and assistants may quit work without 
 notice before the expiration of the contract time : 
 1. If they become incapable of continuing work ;
 
 APPENDIX. 229 
 
 2. If the employer or his representatives are guilty of 
 
 violence or abuse towards the workers or their rela- 
 tives ; 
 
 3. If the employer or his representatives or their relatives 
 
 lead or seek to lead the workers or their relatives 
 into illegal or immoral courses, or if they unite with 
 relatives of the woi-kers in committing illegal or 
 immoral acts ; 
 
 4. If the employer does not pay the wage due to the 
 
 workers in the manner prescribed, if, under the 
 piece-work system, he does not provide them with 
 sufficient employment, or if he is guilty of illegally 
 over-reaching them ; 
 
 5. If, by continuing the work, the life or health of the 
 
 woi'kers would be exposed to a demonstrable risk 
 
 which was not apparent at the time of entering into 
 
 the contract. 
 
 In the cases mentioned under No. 2, quitting service 
 
 without notice is no longer permissible if the grounds 
 
 thereof have been known to the workers for longer than 
 
 one week. 
 
 § 124 «. 
 Besides the cases specified in §§ 123 and 124, each party 
 may, in cases where urgent reasons exist, demand to be 
 released from working relations before the expiration of 
 the contract time and without observing the due period 
 of notice, if the contract is for longer than four weeks, 
 or if a longer period of notice than fourteen days has 
 been agreed upon. 
 
 § 1246. 
 If a journeyman or assistant has quitted work illegally, 
 the employer may claim compensation for the day of the 
 breach of contract and for each following day of the 
 contract time or legal working time, during one week at 
 most, to the amount of the local customary daily wage
 
 230 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 (§ 8 of the Insui-ance against Sickness Act of June 15, 
 1883; Imperial Laiv Gazette, p. 73). This claim need not 
 rest upon proof of loss. When thus made good, claim 
 for fulfilment of contract and further compensation for 
 loss is precluded. The journeyman or assistant shall 
 enjoy the same right against the employei", if he has been 
 dismissed before the legal ending of the working relations. 
 
 § 125. 
 
 Any employer inducing a journeyman or assistant to 
 quit work before the legal ending of working relations, 
 shall himself be liable to the former employer for loss 
 arising, or for the legal compensation claim under § 12-1 />. 
 In the same manner an employer shall be answerable if 
 he takes into his employ a journeyman or assistant who 
 to his knowledge is still contracted to any employer. 
 
 Any employer shall also be liable under the foregoing 
 sub-section if he employs a journeyman or assistant, who 
 to his knowledge is still contracted to another employer, 
 throughout the duration of such term ; the claim expires 
 after fourteen days from the date of the illegal dissolution 
 of wox'king relations. 
 
 The persons specified in § 1196 shall be accounted as 
 journeymen and assistants as understood by the foregoing 
 provisions. 
 
 III. Ari'REXTicE Relations. 
 § 1-26. 
 The master shall be bound to instruct the apprentice 
 in all branches of the work of the ti-ade forming part of 
 his business, in due succession and to the extent necessary 
 for the comj)lete mastery of the trade or handicraft. He 
 must conduct the instruction of the apprentice himself 
 or tlii-(Migli a lit rcpi'csentative expressly ap[)(jinted thereto.
 
 APPENDIX. 231 
 
 He shall not deprive the apprentice of the necessary time 
 and opportunity on Sundays and holidays for his educa- 
 tion and for attendance at Divine Service, by employing 
 him in other kinds of service. He shall train his appren- 
 tice in habits of diligence and in good morals, and shall 
 keep him from evil courses. 
 
 § 127. 
 The apprentice shall be placed under the parental 
 discipline of the master. He shall be bound to render 
 obedience to the one who conducts his instruction in the 
 place of the master. 
 
 § 128. 
 
 Apprentice relations may be dissolved by the with- 
 di'awal of one party during the first four weeks after the 
 beginning of the apprenticeship, unless a longer time has 
 been agreed upon. 
 
 Any agreement to fix this time of probation at longer 
 than three months shall be void. 
 
 After the expiration of the time of probation the 
 apprentice may be dismissed before the ending of the 
 apprenticeship agreed upon, if any one of the cases pro- 
 vided for in § 123 applies to him. 
 
 On the part of the apprentice, relations may be dis- 
 solved at the expiration of the time of probation : 
 
 1. If any one of the cases provided for in § 124) under 
 
 nos. 1, 3 to 5 occurs; 
 
 2. If the master neglects his legal obligations towards 
 
 the apprentice in a manner endangering the health, 
 morals or education of the apprentice, or if he 
 abuses his right of parental discipline, or becomes 
 incapable of fulfilling the obligations imposed upon 
 him by the contract. 
 The contract of apprenticeship shall be dissolved by 
 the death of the apprentice. The contract of apprentice-
 
 232 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 ship shall be dissolved by the death of the master if the 
 claim is made within four weeks. 
 
 Written conti-acts of apprenticeship shall be free of 
 stamp duty. 
 
 § 129. 
 
 At the termination of apprentice relations, the master 
 shall deliver to the apprentice a testimonial stating the 
 trade in which the apprentice has been instructed, the 
 duration of the apprenticeship, the knowledge and skill 
 acquired during that time, and also the conduct of the 
 apprentice. This testimonial shall be certified by the 
 borough magistrate free of costs and stamp duty. 
 
 In cases where there are guilds or other industrial 
 representative bodies, letters or certificates from these 
 may supply the place of such testimonials. 
 
 § 130. 
 
 If the apprentice quits his instruction tinder circum- 
 stances not provided for in this Act, without consent of 
 his master, the latter can only make good his claim for 
 the return of the apprentice, if the contract of apprentice- 
 ship has been drawn np in writing. In such case the 
 police magistrate may, on application of the master, 
 oblige the apprentice to remain under instruction so long 
 as apprentice relations are declared by judicial ruling to 
 be still undissolved. 
 
 Application is only admissible if made within one week 
 after the departure of the apprentice. In case of refusal, 
 the police magistrate may cause the apprentice to be 
 taken back by force, or he may compel him to retui-n 
 under pain of a fine, to the amount of fifty marks, or de- 
 tention for five days. 
 
 § 131. 
 If the pa7-ent or guardian acting for the appieuh'co, or 
 if the apprentice himself, being of age, shall deliver a
 
 APPENDIX. 233 
 
 written declaration to the master, that the apprentice 
 wishes to enter into some other industry or some other 
 calling, apprentice relations shall cease after the expira- 
 tion of four weeks, if the apprentice is not allowed to 
 leave earlier. The grounds of the dissolution must be 
 notified in the work register by the master. 
 
 The apprentice shall not be employed in the same 
 trade by another employer, -without consent of the former 
 master, within nine months after such dissolution of ap- 
 prentice relations. 
 
 § 132. 
 
 If apprentice relations are severed by either party, 
 before the appointed time, the other party can claim 
 compensation only if the conti'act has been made in 
 writing. In the cases referred to in § 128, 1, 4, the 
 claim will only hold if the kind and degree of compensa- 
 tion has been specified beforehand, in the contract. 
 
 The claim is void unless made within four weeks of 
 the dissolution of apprentice relations. 
 
 § 133. 
 
 If apprentice relations ai^e dissolved by the master, 
 because the apprentice has quitted his work without per- 
 mission, the compensation claimed by the master shall, 
 unless some other agreement have been made in the con- 
 tract, be fixed at a sum amounting for every day succeed- 
 ing the day of breach of contract, up to a limit of six 
 months, to the half of the customary local wage paid to 
 journeymen and assistants in the trade of the master. 
 
 The father of the apprentice shall be liable for the 
 payment of compensation, also any employer who has 
 induced the apprentice to quit his apprenticeship, or who 
 has received him into his employ, although knowing him 
 to be still under obligation to continue in apprentice rela- 
 tions to another employer. If the one who is entitled to
 
 234 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 compensation has not received information till after the 
 dissolution of apprentice relations, as to the employer 
 "who has induced the apprentice to quit his work, or who 
 has taken him into his employ, claim for compensation 
 against the latter shall expire if not preferred within four 
 weeks after such information has been received. 
 
 Ill A. Relations of Business Managers, Foremen, 
 Skilled Technical Workers. 
 
 § L33a. 
 The service relations of such persons, as are employed 
 by directors of industry for certain defined purposes, and 
 are charged, not merely temporai-ily, with the conduct 
 and supervision of the business, or of a department of the 
 business (business managers, foremen, etc.), or are en- 
 trusted with the higher kinds of technical service work 
 (experts in machinery, mechanical engineers, chemists, 
 draughtsmen, and the like), may, if not otherwise agreed, 
 be broken off by either party at the expiration of any 
 quarter of the calendar year, after notice has been given 
 six weeks previously. 
 
 § 183 6. 
 Either party may, before the expiration of the contract 
 time, demand dissolution of service relations without ob- 
 serving the due period of notice, provided sufficiently 
 important reasons exist to justify the dissolution under 
 the circumstances. 
 
 § 133 c. 
 
 Dissolution of service relations may be demanded, in 
 
 ])articular, of the persons specified in § 133 a. 
 
 1. If at the time of concluding the conti-act, they have 
 
 deceived the employer by presenting false or falsified 
 
 testimonials, or if they have deceived him as to the
 
 APPENDIX. 235 
 
 existence of another service relation, to wliicli they 
 were simultaneously bound ; 
 
 2. If they are unfaithful in service or if they abuse con- 
 
 fidence ; 
 
 3. If they quit service without permission, or persistently 
 
 refuse to fulfil the obligations imposed upon them by 
 the service contract ; 
 
 4. If they are hindered in the performance of service by 
 
 protracted illness, or by long detention or absence ; 
 
 5. If they are guilty of violence or insult towards the 
 
 employer or his representatives ; 
 
 6. If they pursue an immoral course of life. 
 
 In the case of No. 4, the worker's claim for the fulfil- 
 ment of contract, by the employer, shall remain in force 
 for six weeks, if the performance of service has been 
 hindered by some unavoidable misfortune ; but in such, 
 cases the claim shall be limited to the amount that is 
 legally due to the claimant as insurance against sickness 
 or accident. 
 
 § 133 (Z. 
 The persons specified in § 133 a may demand dissolu- 
 tion of service relations, in particular : 
 
 1. If the employer or his representatives are guilty of 
 
 violence or insult towards them ; 
 
 2. If the employer does not provide the work agreed upon 
 
 in the contract ; 
 
 3. If, by the continuance of service relations, their life or 
 
 health would be exposed to demonstrable danger, 
 which was not apparent at the time of entering into 
 service-relations. 
 
 § 133 e. 
 
 The provisions of §§ 124h and 125 shall apply to the 
 persons specified in § 133 a, but not the provisions of 
 § 119a.
 
 236 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 TV. Relations of Factory Workers. 
 
 § 134. 
 
 The provisions of §§ 121 to 125 shall apply to factory 
 workers ; if the factory workers are apprentices, the pro- 
 visions of §§ 126 to 133 shall apply to them. 
 
 Owners of factories in which, as a rule, at least twenty 
 workers are employed, shall be prohibited, in the case of 
 illegal dissolution of working relations by the woi-ker, 
 from exacting forfeiture or withholding wage beyond the 
 amount of the average weekly wage. The provisions of 
 § 124 b shall not apply to employers and workers in such 
 factories. 
 
 § 13-ia. 
 
 In every factory in which, as a rule, at least twenty 
 workers are employed, worMng rules shall be issued within 
 four weeks after this Act comes into force, or after the 
 opening of the business. Special working rules may be 
 issued for separate departments of the business, or .separ- 
 ate groups of workers. The rules must be posted up 
 (§134«[2]). 
 
 In the working rules must be set forth the time at 
 which they are to come into operation and the date of 
 issue. They must bear the signature of the person by 
 whom they are issued. 
 
 Altei-ations in the contents can only be made by the 
 issue of supplements, or by the issue of new working 
 rules in the place of the existing rules. 
 
 Working rules, and> supplement to the same, shall come 
 into operation at the earliest, two weeks after issue. 
 
 § 134 6. 
 
 Working rules shall contain directions : 
 ]. As to the beginning and end of the time of daily work, 
 also as to the intervals provided for adult workers ;
 
 APPENDIX. 237 
 
 2. As to the time and manner of computing and paying 
 
 wage ; 
 
 3. Where legal provisions are insufficient, as to the period 
 
 of notice due, also as to the grounds on which dis- 
 missal from work and quitting work is permissible 
 without notice ; 
 
 4. Where fines are enforced, as to the kind and amount 
 
 thereof, the method of determining them, and, if 
 they consist in money, as to the manner of collecting 
 them, and the purpose to which they shall be appro- 
 priated. 
 
 5. Where forfeiture of wage is exacted in accordance 
 
 with the provisions of § 184 (2), by the working 
 rules or by the working contract, as to the appro- 
 priation of the proceeds. 
 Punishments destructive of self-respect, or dangerous 
 to morals, shall not be admitted in the working rules. 
 Money fines shall not exceed the half of the average 
 daily wage, except in cases of violence towards fellow- 
 workers, grave oifences against morality, and contempt 
 of directions issued for the maintenance of oider in the 
 business, for security against dangers incidental to it, or 
 for carrying out the provisions of the Industrial Code, 
 where money tines to the full amount of the average 
 daily wage may be imposed. All fines shall be devoted 
 to the benefit of the workers in the factory. The right 
 of the employer to claim compensation for damage is 
 not affected by this provision. 
 
 It shall be left to the owner of the factory to insert in 
 the working rules, together with the provisions of sub- 
 section (1) from 1 to 5, further provisions for the regula- 
 tion of the business and the conduct of the woi^kers 
 employed in it. With the consent of the standing com- 
 mittee of workers, directions may be inserted in the 
 working rules, as to the conduct of the workei-s in the 
 use of arrangements, provided for their benefit in the
 
 238 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 factory, also directions as to the condact of workers 
 under age, outside the factory. 
 
 § 134 c. 
 
 The contents of the working rules shall be, unless con- 
 traiy to law, legally binding on employers and workers. 
 
 N^o grounds shall be agreed upon in the contract of 
 work, for dismissal fi*om work, other than those laid 
 down in the working rales or in §§ 123 or 124. 
 
 No fines shall be imposed on the workers other than 
 those laid down in the working rules. Fines must be 
 fixed without delay, and information thereof must be 
 given to the worker. 
 
 The money fines imposed shall be entered in a register 
 which shall set forth the name of the offender, the day of 
 imposition, the grounds, and the amount of the fine, and 
 this register shall be produced for inspection at any time, 
 at the request of the officer specified in § 139 h. 
 
 § 134 J. 
 
 Before the issue of working rules, or of supplements to 
 the same, opportunity shall be given to the workers of 
 full age, employed in the factory or in the departments 
 of the business, to which the rules in question apply, to 
 express their opinion on the contents of the same. 
 
 In factories in which there is a standing committee of 
 workers the requirements of this provision shall be satis- 
 fied by granting a hearing to the committee, on the con- 
 tents of the woi'kiiig rules. 
 
 § 134 e. 
 
 The working rules and any supplement to the same 
 shall, on communication of opinions expressed by the 
 workers, provided sucli expression be given in writing or 
 in the form of protocols, be laid before the lower court of 
 administration in duplicate, within three days after the
 
 APPENDIX. 239 
 
 issue, accompanied bj a declaration showing that, and in 
 what manner the requirements of the enactment of § 134 d 
 have been satisfied. 
 
 The working rules shall be posted up in a specially 
 appointed place, accessible to all the workers to whom 
 they apply. The placard mnst always be kept in a 
 legible condition. A copy of the working rules shall be 
 handed to every worker upon his entrance into employ- 
 ment. 
 
 § 134/. 
 
 Working rules or supplements to the same, which are 
 not issued in accordance with these enactments, or the 
 contents of which are conti-ary to legal provisions, shall 
 be replaced by legal working rules, or shall be altered in 
 accordance with legal enactment, by order of the lower 
 court of administration. 
 
 Appeal against this order may be lodged within two 
 weeks, with the higher court of administration. 
 
 § 134(7- 
 
 Working I'ules issued before this Act comes into force, 
 shall be subject to the provisions of §§ 134 a to 184 r, 
 134 e (2), 134/, and shall be laid before the lower court 
 of administration in duplicate, within four weeks. 
 
 Sections 134 cZ and 134 e (1) shall not apply to later 
 alterations of such working rules, or to working rules 
 issued for the first time, since January 1st, 1891. 
 
 § 134/1. 
 
 The expression " standing committees of workers," as 
 
 understood by §§ 134 6 (3), and 134c?, includes only: 
 
 1. The managing committee of the sick-clubs of the 
 
 business (factory), or of other clubs existing in the 
 
 factory, for the benefit of the workers, the majority 
 
 of the membei'S of which are elected by the workers
 
 240 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 out of their midst — where such exist as standing 
 committees of workers ; 
 
 2. The eldest journeymen of such journeymen's unions 
 
 as include the business of any employers not subject 
 to the provisions of the Mining Acts — where such 
 exist as standing committees of workers ; 
 
 3. Standing committees of workers, formed before Jan. 
 
 1st, 1891, the majority of the members of which are 
 elected by the workers out of their midst ; 
 
 4. Representative bodies, the majority of the members of 
 
 which are elected out of their midst by direct ballot 
 voting of the workers of fall age in the factory, or 
 in the departments of the business concerned. The 
 choice of representatives may be made according to 
 classes of workers or special departments of the 
 business. 
 
 § 135. 
 
 Childi-en under 13 years of age cannot be employed 
 in factories. Children above 13 years of age can only be 
 employed in factories if they are no longer required to 
 attend the elementary schools. 
 
 The employment of children under 14 years of age 
 must not exceed 6 hours a day. 
 
 Young persons between 14 and IG years of age must 
 not be employed in factories for more than 10 hours a 
 day. 
 
 § 136. 
 
 Young workers (§ 135) shall not begin work before 
 5.30 in the morning, or end it later tlian 8.30 in the even- 
 ing. 
 
 On every working day regular intervals must be 
 granted, between the hours of work. For childroTi who 
 are only employed for six hours daily, the interval must 
 amount to half an hour at least. An interval of at least
 
 APPENDIX, 241 
 
 half an hour at mid-daj, and half an hour in the forenoon 
 and afternoon must be given to other young workers. 
 
 During the intervals, employment of young workers in 
 the business of the factory shall be entirely prohibited, 
 and their retention in the work rooms shall only be per- 
 mitted, if the part of the business in which the young 
 workers are employed is completely suspended in the 
 work rooms during the time of the interval, or if their 
 stay in the open air is not practicable, and if other special 
 rooms cannot be procured without disproportionate diffi- 
 culties. 
 
 Young workers shall not be employed on Sundays and 
 festivals, nor during the hours appointed for regular 
 spiritual duties, instruction in the catechism, prepara- 
 tion for confession and communion, by the authorized 
 priest or pastor of the community. 
 
 § 137. 
 
 Girls and women cannot be employed in factories 
 during the night, between the hours of 8.30 p.m. and 5.30 
 a.m., and must be free on Saturdays and on the eves 
 of festivals by 5.30 p.m. The employment of women 
 workers over 16 years of age must not exceed 11 hours a 
 day, and on Saturdays and the eve of festivals must not 
 exceed 10 hours. 
 
 An interval between the houi's of work of at least one 
 hour at mid-day must be allowed to women workers. 
 
 Women workers over 16 years of age, who manage a 
 household, shall at their request be set free half an hour 
 before the mid-day interval, except in cases where this 
 amounts to at least one and a half hours. 
 
 Women after childbirth can in no case be admitted to 
 work until fully four weeks after delivery, and in the 
 following two weeks only if they are declared to be fit 
 for work by a duly authorized physician. 
 
 R
 
 242 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 § 138. 
 
 The owners of factories, in which it is intended to 
 employ women or yonng persons, must make a written 
 announcement of the fact to the local police authorities 
 before such employment commences. 
 
 The notice shall set forth the name of the factory, the 
 days of the week on which employment is to take place, 
 the beginning and end of the time of work, and the in- 
 tervals granted, also the kind of employment. 
 
 No alteration can be made except such delays as are 
 temporarily necessitated by the replacement of absent 
 workers in separate shifts of woi'k, before notice thereof 
 has been given to the magistrate. In every factory the 
 employer shall, in the workrooms in which young 
 workers are employed, provide a register of young 
 workers to be posted up in some conspicuous place ; the 
 same shall contain information as to days of work, be- 
 ginning and end of time of work, and intervals allowed. 
 
 He shall likewise provide in such workrooms a notice 
 board, on which shall be posted up, in plain writing, an 
 extract, to be determined by the Central Court, from 
 the provisions for the employment of women and young 
 workers. 
 
 § 138 «. 
 
 In case of unusual pressure of work, the lower court of 
 administration shall be empowei*ed, on application of the 
 employer, to permit for a fortnight at a time, the employ- 
 ment of women workers over IG years of age up to 10 
 o'clock in the evening (except on Saturdays), provided 
 that their daily working time does not exceed 13 hours. 
 
 Such extension cannot be allowed to the employer 
 during more than 40 days in any one year. 
 
 Further extension beyond the two weeks, or for more 
 than forty days in the year, can only be granted by the
 
 APPENDIX. 243 
 
 liigliei' court o£ administration, and by it, only on con- 
 dition that in the business or in the department of busi- 
 ness in question, the total average number of hours per 
 day, calculated over the Avhole year does not exceed tlie 
 legal limit. 
 
 Application shall be made in writing, and must set 
 forth the grounds on which such extension is requested, 
 the number of women workers affected, the amount of 
 employment, and the length of time required. 
 
 The decision of the lower court of administration on 
 the application shall be given in writing within three 
 days. Appeal against refusal of i:)ermission may be 
 lodged with the superior court. 
 
 In cases where the extension is granted the lower court 
 of administration shall draw up a schedule, in which 
 shall be entered the name of the employer, and a copy of 
 the statements contained in the written application. 
 
 The lower court of administi'ation may permit the 
 employment of such women workers being over 16 years 
 of age, as have not the care of a household, and do not 
 attend an educational school, in the kinds of work speci- 
 fied in § 105 (1), 2 and 3, on Saturdays and the eve of 
 festivals, after 5.30 p.m., but not after 8.30 p.m. 
 
 The permit shall be in writing, and shall be kept by 
 the employer. 
 
 § 139. 
 
 If natural causes or accidents shall have interrupted 
 the business of a factory, exceptions to the restrictions 
 laid down in §§ 135 (2), (3), 136, 137 (1) to (3), may be 
 granted by the higher court of administration, for a 
 period of four weeks, and for a longer time by the 
 Imperial Chancellor. In urgent cases of such a kind, 
 and also where necessary, in order to guard against 
 accidents, exceptions may be granted by the lower court 
 of administration, but only for a period of fourteen days.
 
 244 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 If the nature of the business, or special considerations 
 attaching to workers in particular factories, seem to 
 render it desirable that the working time of women and 
 young workers should be regulated otherwise than as laid 
 down by §§ 136 and 137 (1), (3), special regulations may 
 be permitted on application, by the higher court of ad- 
 ministration, in the matter of intervals, in other matters 
 by the Imperial Chancellor. But in such cases young 
 workers shall not be employed for longer than six hours, 
 unless intervals are granted between the hours of work, 
 of an aggregate duration of at least one hour. 
 
 Orders issued in accordance with the foregoing provi- 
 sions shall be in writing. 
 
 § 139 a. 
 The Bundesrath (Federal Council) shall be empowered: 
 
 1. To entirely prohibit or to attach certain conditions to 
 
 the employment of women and of young workers in 
 certain branches of manufacture which involve 
 special dangers to health or morality ; 
 
 2. To grant exceptions to the provisions of §§ 135 (2) 
 
 and (3), 136, 137 (1) to (3), in the case of factories 
 requiring uninterrupted use of fire, or in which for 
 other reasons, tlie nature of the business necessitates 
 regular day and night work, also in the case of fac- 
 tories, a pait of the business of which does not admit 
 of regular shifts of equal duration, or is from its 
 nature restricted to certain seasons ; 
 
 3. To prevent the shortening or the omission of the in- 
 
 tervals prescribed for young workers, in certain 
 branches of manufacture, where the nature of the 
 business, or consideration for the workers may seem 
 to render it desirable ; 
 
 4. To grant exceptions to the provisions of § 134 (1) and 
 
 (2), in certain branches of manufacture in which 
 pressure of business occurs regulaily at certain
 
 APPENDIX. 245 
 
 times of the year, on condition that the daily \«t)rk- 
 ing time does not exceed 13 hours, and on Saturday 
 10 hours. 
 
 In the cases under No. 2, the duration of weekly work- 
 ing time sliall not exceed 36 hours for children, 60 houi-s 
 for young persons, 65 hours for women workers, and 70 
 hours for young persons and women in brick and tile 
 kilns. 
 
 Night work shall not exceed in duration 10 hours in 
 24, and in every shift one or more intervals, of an aggre- 
 gate duration of at least one hour, shall be granted. 
 
 In the cases under No. 4, permission for overtime work 
 for more than 40 days in the year may only be gi-anted, 
 on condition that the working time is so regulated that 
 the average daily duration of working days does not 
 exceed the regular legal working time. 
 
 The provisions laid down by decision of the Bundesrath 
 (Federal Council) shall be limited as to time, and shall 
 also be issued for certain specified districts. They shall 
 be published in the Imperial Law Gazette, and shall be 
 laid before the Reichstag at its next session. 
 
 V. Supervision. 
 
 § 139 6. 
 
 The supervision and enforcement of the pi'ovisions of 
 §§ 105 fc (1), 105 c to 105/1, 120 a to 120 e, 134 to 139 a, 
 shall be entrusted exclusively to the ordinary police 
 magistrates, or, together with them, to officials specially 
 appointed thereto by the provincial governments. In the 
 exercise of such supervision the local police magistrates 
 shall be empowered with all official authority, especially 
 with the right of inspection of establishments at any 
 time. They shall be bound to observe secrecy (except in 
 exposing illegalities) as to their official knowledge of the
 
 246 THEORY AXD POLICY OF LABOUR PROTECTION. 
 
 business affairs of the establishments submitted to their 
 inspection. 
 
 The settlement of relations of competence between 
 these officials and the ordinary police magistrates, shall 
 be subject to the constitutional regulation of the separate 
 States of the Bund. 
 
 The officials mentioned shall publish annual reports of 
 their official acts. These annual reports or extracts from 
 the same, shall be laid before the Bundesrath and the 
 Reichstag. 
 
 Employers must at any time during the hours of busi- 
 ness, especially at night, pei-mit official inspection to be 
 carried out in accordance with the provisions of §§ 105 a 
 to 105 /i, 120 a to 120 e, 134 to 139 a. 
 
 Employers shall further be bound to impart to the 
 officials appointed or to the police magistrate, such statis- 
 tical information as to the relations of their workers, as 
 may be prescribed by the Bundesrath or the Central 
 Provincial Court, with due observance of the terms and 
 forms presci'ibed. 
 
 Article IV. 
 
 Chapter IX. of the Industrial Code shall contain the 
 followiiig: clauses : 
 
 CHAPTER IX. 
 
 Statutory Puovisions. 
 
 § 142. 
 
 Statutory provisions of a borough or wider communal 
 union shall be binding in regard to all those industrial 
 matters "with which the law empowers them to deal. 
 After they have been considered by the directors of in- 
 dustry and the workers concerned, the statutory pro- 
 visions must receive the assent of the higher court of
 
 APPENDIX. 247 
 
 administration, and shall then be published in some form 
 pi-escribed by the parish oi' wider communal union, or in 
 the usual form. 
 
 The Central Court shall be empowered to annul statu-* 
 torj provisions which ai^e contrary to law or to the statu- 
 tory provisions of a wider communal union. 
 
 Article V. 
 
 Sub-section 2 of § 9S a (2 b) shall contain the following 
 clause : 
 
 h. The supervision by the union of the observation of the 
 provisions laid down in §§ 41 a, 105 a to 105_^, 120 to 
 120 e, 126, 127. 
 
 Article VI. 
 
 The penal provisions of Chapter X. of the Industrial 
 Code shall be altered as follows : 
 
 1. Section 146, (1) 1, 2, and 3, shall contain the follow- 
 ing clauses : 
 
 1. Directors of industry, acting in contravention of § 115; 
 
 2. Directors of industry, acting in contravention of §§ 
 
 135, 136, 137, or of orders issued on the grounds of 
 §§ 139 to 139 a; 
 
 3. Dii'ectors of industry, acting in contravention of §§ 111 
 
 (3) and 113 (3) ; 
 
 2. The following sub-section shall be added to § 146 : 
 
 Section 75 of the Constitution of Justice Act shall 
 apply here. 
 
 3. After § 146 shall be inserted : 
 
 § 146 a. 
 
 Any person who gives employment to workers on 
 Sundays and festivals, in contravention of §§ 105 6 to 
 105 g, or of the orders issued on the grounds thereof, or
 
 248 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 -any person who acts in contravention of §§ 41 a and 55 a, 
 or of the statutory provisions laid down on the grounds 
 of § 105 (2) shall be punished with a money fine to the 
 Amount of 600 marks, or in default of the same, with 
 imprisonment. 
 
 4. Section 147 (1) 4 shall contain the following clause: 
 
 4. Any person who acts in contravention of the final 
 
 orders issued on the grounds of § 120 d, or of enact- 
 ments issued on the grounds of § 120 e ; 
 
 5. After § 147 (1) 4, shall be inserted : 
 
 5. Any person who conducts a factory, in which there are 
 
 no working rules, or who neglects to obey the final 
 order of the court as to the substitution or alteration 
 of the working rules. 
 
 6. Section 147 shall contain at the close the following 
 new sub-section. 
 
 In the case of No. 4, the police magistrate may, 
 pending the settlement of affairs by order or enact- 
 ment, order suspension of the business, in case the 
 continuance of the same would be likely to entail 
 serious disadvantages or dangers. 
 
 7. Section 148 shall contain the following extensions : 
 
 11. Any person w^ho, contrary to the provision of § 134 c 
 
 (2), imposes such fines on the workers as are not 
 prescribed in the working rules, or such as exceed 
 the legally permissible amount, or any person who 
 appropriates the proceeds of fines or the sums speci- 
 fied in § 134 b 5, in a manner not prescribed in the 
 working rules ; 
 
 12. Any person who neglects to fulfil the obligations im- 
 
 posed upon him by §§ I'Sie (1), and 134'/; 
 
 13. Any person who acts in contravention of § 115 a, or 
 
 of the statutory provisions laid down on the grounds 
 of § 119 a. 
 
 8. Section 149 (1) 7 shall contain the following clause: 
 7. Any person who neglects to fulfil the obligations ini-
 
 APPENDIX. 249 
 
 posed upon him by ^ 105 c (2), 134 e (2), 138, 138a 
 (5), 139 6; 
 
 9. Section 150 (2) shall contain the following clause : 
 
 2. Any person who, except in the case prescribed in 
 § 146 (3), acts in contravention of the provisions of 
 this Act with respect to the work register ; 
 
 10. Section 150 shall contain the following extensions : 
 
 4. Any person who acts in contravention of the pro- 
 
 visions of § 120 (1), or of the statutory provisions 
 laid down in accordance with § 120 (3) ; 
 
 5. Any person who neglects to fulfil the obligations im- 
 
 posed upon him by § 134 c (3). 
 Common law enactments against neglect of school 
 duties, on which a higher fine is imposed, shall not be 
 affected by the provision of No. 4. 
 
 11. Section 151 (1) shall contain the following clause : 
 If in the exercise of a trade, police orders are in- 
 fringed by persons appointed by the director of the 
 industrial enterprise, to conduct the business or a de- 
 partment of the same, or to superintend the same, the 
 fine shall be imposed upon the latter. The director 
 of the industrial enterprise shall likewise be liable 
 to a fine if the infringement has taken place with his 
 knowledge, or if he has neglected to take the necessary 
 care in providing for suitable inspection of the busi- 
 ness, or in choosing and supervising the manager or 
 overseei's. 
 
 Article VII. 
 
 The following provisions shall be substituted for § 154 
 of the Industrial Code : 
 
 § 154. 
 
 The provisions of §§ 105 to 133 c shall not apply to 
 assistants and apprentices in the business of apothecaries; 
 the provisions of §§ 105, 106 to 119 6, 120 a to 133 e, 
 
 S
 
 250 THEORY AND POLICY OF LABOUR PROTECTION. 
 
 ^ shall not apply .to assistants and apprentices in trading 
 business. 
 
 — The provisions of §§ 105 to 133 e shall apply to 
 employers and workers in smelting-houses, timber-yards, 
 and other building yards, in dockyards, and in such brick 
 and tile kilns, and such, mines and quarries worked above 
 gi'ound, as are not merely temporary, or on a small scale. 
 The final decision as to whether the establishment is to 
 be accounted as temporary, or on a small scale, shall rest 
 with the higher court of administration. 
 
 — The provisions of §§ 135 to 139 6 shall apply to 
 employers and workers in workshops, in which power 
 machinery (worked by steam, wind, water, gas, air, elec- 
 tricity, etc.), is employed, not merely temporarily, with 
 the provision that in certain kinds of businesses the 
 Bundesrath may remit exceptions to the provisions laid 
 down in §§ 135 (2), (3), 130, 137 (1) to (3), and 138. 
 
 — The provisions of §§ 135 to 139 b may be extended 
 by Imperial decree, with consent of the Bundesrath, to 
 other workshops and building work. Workshops in 
 which the employers are exclusively members of the 
 family of the employer, do not come under these pvo- 
 visions. 
 
 Imperial decrees and j^rovisions for exceptions issued 
 by the Bundesrath, may be issued for certain specified 
 districts. They shall be published in the Imperial Law 
 Gazette, and laid before the Reichstag at the next ensuing 
 session. 
 
 § 151 a. 
 
 The provisions of §§ 115 to 119 a, 135 to 139 i, 152 and 
 153 shall apply to owners and workers in mines, salt pits, 
 the preparatory work of mining, and underground mines 
 and quari-ies. 
 
 — Women workers shall not be employed underground 
 in establishments of the aforementioned kind. Infringe-
 
 APPENDIX. 251 
 
 mcnts of this enactment shall be dealt with under the penal 
 provisions of § 146. 
 
 Article VIII. 
 
 Section 155 of the Industi'ial Code shall contain the 
 following clauses. 
 
 — Where reference is made in this Act to common law, 
 constitutional or legislative enactments are to be under- 
 stood. 
 
 The Central Court of the State of the Bund shall make 
 known what courts in each State of the Bund are to be 
 understood by the expressions : higher court of adminis- 
 tration, lower court of administration, borough court, 
 local court, lower court, police court, local police court, 
 and what unions are to be understood by the exp ression, 
 wider communal unions. 
 
 — For such businesses as are subject to Imperial and 
 State administration, the powers and obligations conferred 
 upon the police courts, and higher, and lower courts of 
 administration, by §§ 105 b (2), 105 c (2), 105 e, 105/, 
 115 a, 120 (i, 134 e, 134/, 134^, 138 (1), 138 a, 139, 139 6, 
 may be transferred to special courts appointed for the 
 administration of such businesses. 
 
 Article IX. 
 
 The date on which the provisions of §§ 41 a, 55 a, 105 a 
 to 105/, 105 h, 105 i and 154 (3) shall come into force, 
 shall be determined by Imperial decree with consent of 
 the Bundesrath. Until such time the legal provisions 
 hitherto obtaining shall remain in force. 
 
 The provisions of §§ 120 and 150, 4 shall come into 
 force on Oct. 1, 1891. 
 
 — The rest of this Act shall come into force on April 
 I, 1892. 
 
 — The legal provisions hitherto obtaining shall remain 
 in force until April 1, 1894, in the case of such children
 
 252 THEOEY AND POLICY OF LABOUR PROTECTION. 
 
 from 12 to 14 years of age, and young persons between 
 14 and 16 years of age, as were employed, previous to the 
 proclamation of this Act, in factories or in the Industrial 
 establishments specified in §§ 154 (2) to (4), and 154a. 
 
 — In the case of businesses in which, previous to the 
 proclamation of this Act, women workers over 16 years of 
 age, were employed in night work, the Central Provincial 
 Coui't may empower the fui'ther employment in night 
 work of such women workers, in the same numbers as 
 hitherto, until April 1, 1894, at the latest, if in conse- 
 quence of suspension of night work, the continuation of 
 the business to its former extent would involve an altera- 
 tion which could not be made sooner without dispropor- 
 tionate expense. Night work shall not exceed in dui*ation 
 10 hours in the 24, and in every shift intervals must be 
 granted of an aggregate duration of at least one hour. 
 Day and night shifts must alternate weekly. 
 
 Delivered under our Imperial hand and seal. 
 
 Given at Kiel, on board my yacht Meteor, June 1, 1891. 
 
 William. 
 VON Caprivi. 
 
 lliiilor i Tanner, Tlie Selwood Printing Works, Fromc, and Londuti
 
 This book is DUE on the last date stamped below 
 
 MAR 9 1943 
 
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