National Conference of Social Work Social Standards for Industry mL. /- f-s'' THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES Li'brcry Ir. SOCIAL STANDARDS FOR INDUSTRY J Platform BY THE COMMITTEE ON STANDARDS OF LIVING AND LABOR OWEN R. LOVEJOV, Chairman * NATIONAL CONFERENCE OF CHARITIES AND CORRECTION CLEVELAND, OHIO JUNE 12-19, 191.: 1,1 ! r'lr.Y Institute of Indur' -'^.1 PelationB Univcrrlty of California Los Angeles 24, California REPORT. The following statement by the Committee on Standards of Living and Labor is prepared by the Chairman of the Committee with the advice and approval of its members. While individual members of the committee have presented a variety of opinions on the topics, this statement expresses the majority view, and with the exception of two or three paragraphs is signed in its entirety by all members of the committee. Owen R. Lovejoy, Chairman. COMMITTEE ON STANDARDS OF LIVING AND LABOR, NATIONAL CONFERENCE OF CHARITIES AND COR- RECTION, CLEVELAND, OHIO, JUNE 12-19, 1912. Owen R. Lovejoy, Chairman, 105 East 22d Street, New York City, N. Y. Mrs. Raymond Robins, Vice-Chairman, 1437 West Ohio Street, Chicago, 111. Dr. John B. Andrews, i Madison Avenue, New York City, N. Y. Julius Henry Cohen, 15 William Street, New York City, N. Y. Dr. Edward T. Devine, 105 East 22d Street, New York City, N. Y. Dr. Lee K. Frankel, i Madison Avenue, New York City, N. Y. Hon. John Golden, Fall River, Mass. Miss Pauline Goldmark, 105 West 40th Street, New York City, N. Y. Dr. Alice Hamilton, Washington, D. C. Alexander Johnson, ex officio. Secretary of the Conference. Mrs. Florence Kelley, 106 East 19th Street, New York City, N. Y. Paul U. Kellogg, 105 East 22d Street, New York City, N. Y. Rev. Charles S. Macfarland, 215 Fourth Avenue, New York City, N. Y. Hon. Julian W. Mack, President of the Conference. V. Everit Macy, 68 Broad Street, New York City, N. Y. Benjamin C. Marsh, 320 Broadway, New York City, N. Y. Mrs. Dexter Otey, Lynchburg, Va. Prof. W^alter Rauschenbusch, Rochester, N. Y. Rev. John A. Ryan, St. Paul's Seminary, St. Paul, Minn. Hon. A. T. Stovall, Okalona, Miss. Harry Thomas, 310 Prospect Avenue, Cleveland, Ohio. Hon. William B. Wilson, Blossburg, Pa. New York, 1912. H SOCIAL STANDARDS FOR INDUSTRY. A PLATFORM. PREAMBLK. THE STANDARD OF LI\IX(,. The welfare of society and the prosperity of tlie state require for each individual such food, clothing, housing conditions, and other necessaries and comforts of life as will secure and maintain physical, mental, and moral health. These are essential elements in a normal standard of living, below which society cannot allow any of its memliers to live without injuring the public welfare. An increasing percentage of our population derives the means to maintain this normal standard through industry. Industry there- fore must submit to such public regulation as will make it a means of life and health, not of death or inefficiency. This regulation has to do with hours, safety, over-strain, and other conditions of the day's labor; with premature employment, unemployment, incapacity, and other factors which shorten or impair the length of the working life; with wages as the basis which work affords for a normal standard of home life; with unwise taxation and other community conditions which in our industrial centers exploit wages ; with insurance against those risks of trade — death, injury, occupational disease — which break in upon the working years and wipe out earnings; and with protec- tion against poverty in old age when productive lalx)r is ended. The community has a right to complete knowledge of the facts of work. The community can cause to be fornnilated iniiiiniuni occupa- tional standards below which work is carried on only at a human deficit. The community should bring such subnormal industrial con- ditions within the scope of governmental action and control, in the same way subnormal sanitary conditions are subject to public regu- lation, and for the same reason — because they threaten general welfare. Such minimum standards in relatit^i to Wages, Hours, Hous- ing. Safety and Health. Term of Working Life, and Workman's Compensation are called for if the United States is to keep abreast with the social statesmanship of other great industrial nations; they are counseled by physicians and neurologists who have studied Library Institute of Industrial Pelati r ^ U'-iverrity of C".' i fornia 8412SSMg^®3 24, California v I the effect of fatigue and over-strain upon health; by economists who have analyzed the extravagance of unskilled labor, excessive hours, and low pay; and by social workers who deal with the human wastes of industry through relief societies, or through orphanages, hospitals, insane asylums, and alms houses. Wherever they are not the standards of given establishments or given industries, are unprovided for by legislatures, or are balked by unenlightened courts, the community pays a heavy cost in lessened efficiency, and in misery. Where they are sanctioned and enforced, the conservation of our human resources contributes the most substantial asset to the wealth of the future. NOTE : The Planks in this Platform are : Wages Page 5 Hours " 13 Safety and Health " 19 Housing " 27 Term of Working Life " 35 Compensation or Insurance " 41 Following each plank annotations are inserted as follows : A. Specific information bearing on the topic. B. Federal, State, or Foreign laws that apply. C. Standards already accepted by social welfare organizations. This supplementary material is intended to be illustra- tive and not exhaustive. I. WAGES. 1. A Living Wage. A living wage for all who devote their time and energy to industrial occupations. The monetary equiva- lent of a livini; wage varies according to local conditions, but must include enough to secure the elements of a normal standard of living; to provide for education and recreation; to care for im- mature members of the family ; to maintain the family during periods of sickness; and to permit of reasonable saving for old age. 2. MixiMu.M Wage Commissions. iMany industrial occupa- tions, especially where women, children, and immigrant men are employed, do not pay wages to maintain a normal standard of living. Minimum wage commissions should therefore be estab- lished in each state to inquire into wages paid in various indus- tries, and to determine the standard which the public will sanction as the minimum. 3. Wage Publicity. Properly constituted authorities should be empowered to require all employers to file with them for public purposes such wage scales, and other data as to earnings as the public element in industry demands. The movement for honest weights and measures has its counterpart in industry. All tallies, scales, and check systems should be open to public inspection and inspection of committees of the workers concerned. Qianges in wage rates, systems of dockage, bonuses, and all other modifica- tions of the wage contract should be posted, and wages should be paid in cash at least every two weeks. A. SPECIFIC IXFORM.\TION ON WAGES. Family Incomes. — In an investigation covering 3,297,819 wage earners, the average weekly earnings of all classes are $10.06; for men above 16 years, $11.16; for women, $6.17; for children under 16. $3.46. Out of the total number of men in- cluded in the statistics, i. 215. 798, or 46 per cent., earned $10.00 or less a week. (U. S. Bulletin 93, Census of Manufactures, 1905) It is simply impossible for a family of five to maintam a decent standard of living on an income of $10 a week; hence wives and children are compelled to participate in the fierce struggle for existence. (United States Bureau of Labor, 1908.) "An investigation of 131 families in New York City, en- gaged in making artificial fiowers at home in 1912, showed the average wage of the father $9.20 per week, the average rent $3.01 per week, average size of family 6 persons." (Watson, Elizabeth C: "Home Work in New York City," National Child Labor Committee.) Of 1,217 families studied in Washington, 39 per cent, had an income of $500 or less; and only 8 per cent, had an income of over $1,000. (p. 3.) The 39 per cent, above referred to — those receiving less than $500 per year — spent 43.68 per cent, of their income for food. "The question of food . . . is of special significance from an economic standpoint in families of limited means." (President's Homes Commission: Report of Committee on Social Betterment, G. M. Kober.) "It appears that half of the adult males of the United States are earning less than $500 a year; that three-quarters of them are earning less than $600 annually; that nine-tenths are receiving less than $800 a year ... A corresponding computation of the wages of women shows that one-fifth earn less than $200 annually; three-fifths are receiving less than $325; that nine-tenths are earning less than $500 a year." The above computation allows for loss through unemployment. (Nearing: "Wages in the United States." p. 313.) It seems safe to conclude that an income under $800 is not enough to permit the maintenance of a normal standard. A survey of the details of expenditure for each item in the budget shows some manifest deficiency for almost every family in the $600 and $700 groups. Fuel is gathered on the street by half of the $600 families; one-third of them are not able to afford gas; one-third are within the 22-cent minimum limit for food, and 20 per cent, of the $700 families spend 22 cents or under. (Chapin, "Standard of Living in New York City," p. 245.) Of 25,440 families studied, 16 per cent, had deficits averag- ing $65 to $68; while 33.44 per cent, of the families barely finish the financial year without contracting debt. (New York Bureau of Labor, i8th Annual Report.) There are in the United States at least five million indus- trial workmen who are earning $600 or less a year. "Such a state of affairs that during a year of prosperity one-sixth of all families fall into debt, and 49 per cent, are unable to save for a rainy day, is insufferable." (Streightoff, "Standards of Living.") In the lowest expenditure group of budget families the average weekly outlay was $9-^7, and the averages for items were: Rent, $1.88; food, $4.16; fuel, $.38; clothing. $.94; fur- niture, $.09; household expenses, $.15; insurance. $.70; tobacco, $.07; liquor, $.20; medicine, $.10; other expenses, $.50. For a family of normal size this provides only a two-room tenement in a crowded court, with no sanitary conveniences; a supply of food below the minimum sufficient for mere physical well- being; insurance that makes provision which is utterly inade- quate for the family left without a breadwinner; a meagre expenditure for clothes and furniture, and an almost negligible margin for recreation, education, and savings. (Byington, Margaret F., "Homestead, the Households of a Mill Town." p. 102.) 6 A "fair living wage" for a workingman's family of average size in New York City should be at least $72« a year, or a steady income of $14 a week. (More, Louise Bolard, "Wage- Earners* Budgets." p. 269.) Wages ok Women. — Investigations show that the least sum on which a girl can live in New York is $9.00 a week. (New York City Consumers' League, 1912). L)nly II per cent, of girls employed in department stores in Kansas City (573) receive a-, much as the cslimated mini- mum wage — $9.00 a week; while 32 per cent, receive $500 a week or less. ... Of 574 girls employed in factories, 34^ or 60 per cent, received $0oo or less per week. (Board of Public Welfare, Kansas City, Missouri.) Of 22,185 women studied, 61.80 per cent, earned less than $7.00; 20.85 per cent, from $7.00 to $8.00; and 17-35 per cent, over $8.00. Estimated living wage in Pittsburgh. $7.00. (Butler: "Woman and the Trades," p. 337) Of 2,690 women workers in department stores, telepjione exchanges, and laundries. 1.801 received from $6.50 to $4.00; and 743 less than $400 a week. (p. 5) "Two-thirds of the working women in Kentucky leceive $6.50 or less per week; and one-quarter <>i them receive $4.00 or less per week." (p. 8.) The minimum living wage for Louisville is $6.50. (Com- mission to Investigate Conditions of Working Women in Ken- tucky; Report, Dec, 191 1.) Of 7,540 women studied in mercantile houses m 1907, 5-510, or 73 per cent., received less than $6.00 a week. (Butler: "Women and the Trades," p. 304) Out of a studv of 301 girls in New Y'ork department stores, in 343 cases the averaj."e total wage is $6.00 a week, in analyzing the incomes of 241 saleswomen, the report shows 108 received less than $6.00; 206 received less than $900. Thus, only 35, or uj^ per cent., received an amount equivalent to the least sum on which a girl can live in New York. (United States Bureau of Labor, Report on Conditions of Women and Child Wage Earners.) .... r. 1 Of 4,048 women department store workers studied in Bal- timore, 2,184, or =,4 per cent., earn less than $5.00; 3.266. or 81 per cent., less than $6.00 per week. Calculated minimum living wage. $6.70. (Butler: "Saleswomen in Mercantile Stores," Baltimore, 1909, p. 113) Monthly Expenditure for Girls Living Away from Home: Room rent (lodging in other family's apartment, no privacy) P" '"O- ?4-00 Food: Breakfast (average wr.rking girl takes coffee, bread, and butter, self-prepared), daily 10 cents, per mo. 300 Lunch (sandwiches, tea), daily 15 cents, per mo. 45° Sui>per (hot meal, minimum cost), daily 20 cents. per mo., 6.00 $1750 Carfares to and from work per mo. 2.50 Newspapers pernio. .50 Clothes per mo. 700 $27 50 Annual expenses ••$33000 (New York Section of the Council of Jewish Women.) 7 Forty-one per cent, of the candy workers, 10.2 per cent, of the saleswomen, 16.1 per cent, of the laundry workers, and 2S per cent, of the cotton workers earn less than $5.00 a week; and 65.2 per cent., 29.5 per cent., 40.7 per cent., and 37.9 per cent, of them respectively earn less than $6.00 a week. (Report of the Commission on Minimum Wage Boards, Mass., p. 10.) "The lower a woman's wages, the more timid she is of .any sort of disturbance of the unstable equilibrium of her livelihood. Trade-unionism and similar movements have never flourished amongst the poorest class of workers." (Wise, IE. F., "Wage Boards in England," American Economic Re- view, March, 1912. Women entering industry do not bargain with employers concerning wages; and often do not know beforehand what they are to receive. (Kentucky Commission to Investigate Conditions of Working Women, 191 1, p. 36.) Concerning wages of children in the Gulf Coast canneries, Lewis W. Hine, staff photographer of the National Child Labor Committee, says: "It is not at all rare to see four- and five-year-olds struggling with the rough shells, and in the course of the day earning about five cents. . . . The earn- ings of the very little ones are not usually over five cents a day. . . . Several of seven and eight years earn from ten cents to 'two bits.'" (Hine, Lewis W.: "Child Labor in Gulf Coast Canneries.") "The very act of eliminating immature children from em- ployment tends to raise the wages of the older members of the family, for in any occupation where children can be employed, their employment tends to bring down the wages of the indi- vidual to the child standard." (McKelway, Dr. A. J.: "Child Labor in Mississippi.") "The poor widow with her children to support was not found among the home finishers (of garments). If she were a factor, her poor children would starve, as the remuneration for this class of labor falls far short of supporting its most diligent and tireless workers. (United States Senate Docu- ment 645, Vol. VIII.) "Higher earnings and increased industrial efficiency go far toward developing in working women a sense of responsi- bility, personal and social." (Butler: "Women and the Trades," p. 3~^.) Minimum Wage Boards. — "Two uncontroverted facts stand out clearly: first, that the best wages are paid in the most strictly regulated trades. Where the limitation of hours is most defined and best enforced, wages are invariably highest. The unregulated trades, with the longest hours, are the most sweated and underpaid. Second, while we cannot assert that the operation of factory laws has been the direct cause of higher wages, there is no doubt that the sequel of shorter hours has almost invariably been a rise in wages, even after a temporary loss. Output . . . has been maintained and increased in the shortened hours. The main cause for this has been the increased efficiency of the workers, and this is the explanation also of the seeming paradox of twelve hours' pay for ten hours' work, and ten hours' pay for eight hours' work." (Goldmark, Josephine, "Fatigue and Efficiency," p. "The justification of the minimum standard-of-living wage must be found ... in the social necessity for the main- 8 tenance of the family." Results of minimum wage: In indus- tries serving local markets and free from outside competition, wages would probably increase anil the luiniber of workers remain the same; in industries serving wider market and sub- ject to competition, raise of wago would be accompanied by decrease in employment. Some industries (sweated indus- tries) would cease to exist. (Iltdcomhe, A. N.; "The Legal Minimum Wage in the United Stales," American Economic Review, March, 1912, p. 34.) "Experience has shown that the injurious results (of mini- mum wage boards) predicted by the oppijnents of labor legis- lation and labor organizations iiave not taken place. In a majority of instances the greater part of the additional cost (of wages) has been met by an increased efliciency in the pro- ductive process. . . . Another part has come out of the profits of those concerns that were obtaining more than the usual amount of interest on their investment." Ryan. Rev. John .'\.: "Minimum Wages and Mininmm Wage Boards," The Survey, September 3, 1910.) "Neither will the assumed saving in the prices of the goods produced by the exploited worker equal the loss due to lower indu-trial etViciency, sickness, poverty, and crime. . . . By expediency as well as by morality the parasitic indU'^try stands condemned. . . . As a general rule, an industry that is not self-supporting, that cannot pay living wages to all its employes, has no valid reason for existing. (Ibid.) Results of Minimum Wage: 1. Protection against class legislation; 2, distinction made between unemployable and un- employed; 3, restriction of competition between workers; 4, restriction of competition between employers. "The indirect economic effect of the establishment of a minimum standard- of-living wage would be to promote the concentration of com- petition between work people and between employers upon efficiency." (Ilolconihe, A. .\.: "Le^al Minimum Wage in the United States," American Economic Review, March, 1912, p. 36.) A legal minimum wage would lead to better distribution of immigrants among various industries. (Holcombe. A. N.: "Legal Minimum \\'age in the L'nited States," American Eco- nomic Review, March, 1912, p. 35.) "Nothing but the rise of the masses to a plane above uncertainties of income can give to society an improving, stable, physical heredity." (Tatten, Simon N.: "New' Basis of Civilization," p. 43.) "Women in general are working because of dire necessity, and in most cases the combined inctjme of the family is not more than adequate to meet the family's cost of living. In these cases it is not optional with the woman to decline low- paid employment. Every dollar added to the family income is needed to lighten the burden which the rest are carrying. Wherever the wages of sul-Ii a woman are less than the cost of living and the reasonable provision for maintaining the worker in health, the industry employing her is in receipt of the working energy of a human being at less than its cost, and to that extent is parasitic. The balance must be made up in some way. It is generally paid by the industry employing the father; it is sometimes paid in part by the future inef- ficiency of the worker herself and by her children; and perhaps in part ultimately by the State. . . If an industry is per- manently dependent for its existence on underpaid labor, its value to the Commonwealth is questionable. (Commis- sion on Minimum Wage Boards, Massachusetts, Report, Janu- ary, 1912, p. 17.) "Physiologically considered, the worst effect of low pay, especially low piece rates such as prevail in the stitching trades, is their incentive to a too great intensity of work, and to a feverish speed on the part of the operators." (Gold- mark, Josephine: "Fatigue and Efficiency," p. 56.) "The earnings of children seldom permanently increase the total income of the family. The increase in the income through the earnings of the children is often offset by the decrease in the earnings of the father." (Williams, John, Michigan Bureau of Labor Statistics, 1901, p. 259.) B. FEDERAL, STATE, OR FOREIGN LAWS ON WAGES. No state in this country has yet undertaken to establish a legal minimum wage in private employments. The courts have always ruled that such laws are a direct violation of the right of "freedom of contract." Several states have legislated to keep the rate of wages on public work up to. the "current rate" in private employ- ments. Baltimore has fixed a minimuin rate of $2.00 a day for all workmen, laborers, or mechanics employed by the city. California and Nebraska have fixed the same rate for persons employed by the city, state, or its political divisions, and Nevada has fixed a minimum rate of $3.00 a day for all public work. In the Federal printing office the wages for linotype and monotype operators have been fixed by Congress at $.60 an hour; and all Federal workmen not on an annual salary re- ceive a 50 per cent, advance for Sunday labor. Wisconsin requires all contracts between employers and employes to be open to inspection by the Industrial Commis- sion, and the Commission must publish annually at least 250 pages of information on the contracts. Massachusetts protects the already low wages of textile workers by providing that no hour worker in manu- facturing or mechanical establishments may be docked for time lost while waiting in the shop for machinery to be re- paired. A commission to study wages has recently reported, and a wage board bill is now before the legislature of that State. Ohio is considering a provision for Minimum Wage Boards in the new constitution. In contrast with our failure thus far to enact such legisla- tion, minimum wage boards were authorized in England, in 1900, to cover chain making, machine-made lace finishing, wholesale tailoring, and paper box manufacture. The inves- tigations and recommendations of the boards have increased wages for some kinds of work 150 per cent., and in some cases even more. The industries in which the system may be applied are named by Parliament, but the Board of Trade may provi- sionally extend the application of the act to other industries, subject to subsequent continuation by Parliament. The wage boards are composed of representatives of employers and workers in equal numbers, and of other members appointed ID by the Board of Trade. The act went into eftect January i. igio. England this year enacted a Minimum Wage law for all underground workers in coal mines. Its main provisions are: i. The establishment of Joint District Boards composed of representatives of employers and employes, to determine rates and general rules; 2. Minimum rate of pay, to be part of every contract; 3. Minimum wage payable from time miners return to work; 4. Miner can i;ue owner for wages of not less than minimum rate; 5. Owner's rights safeguarded by rules for regularity and efficiency of work; 6. Non-compliance with these rules deprives miner of right to minimum wage; 7. Aged and infirm miners excepted. Minimum wage boards were established in Victoria in 1896, and arc now regulating wages for 91 trades. They also exist in New South Wales. West Australia, South Australia, New Zealand, and Tasmania. Germany has this year provided for wage boards; and France, Belgium, Austria, and Switzer- land have similar bills under consideration. Practically all continental countries have systems of industrial courts where aggrieved workers may appeal for justice. C. WAGE STANDARDS ALREADY ACCEl'TED. "The opportunity should be given to all men to earn a liviuK for their families by the sweat of their brow, but under conditions which permit decent living, proper housing, wh«>lc- some nourishment, and provisions for the proverbial 'rainy day.' When this is not done, society itself pays the penalty.' (Charity Organization Society of BufTalo. X. Y.) "Xornially. the great bulk of the industrial work of our country should be done by the heads of families, and wage> should be adjusted not to the co^^t of living of the unmarried boarder, but to the family life in the home. The living wage differs from time to time and from place to place." (Federal Council of Churches of Christ in America.) "The interests of the community demand that all workers shall receive fair living wages." (National Consumers" League.) , ^ . "A weekly wage of $7.00 is necessary for even a mmmuim standard of living (for girls in New York). This allows for no recreation, vacation money, books or medical aid. Sea- sonal trades last no more than seven months yearly, which with earnings of $6-$; weekly would ligure only $iS<>-$Jio an- nually. The above is not a decent standard of livmg. The minimum wage, therefore, should be at least $8-$«) a week — $40O-$450 annually. Few girls earn so much." (New York Section of the Council of Jewish Women.) "We deplore the evils of child labor, the conditions that compel women and girls to be employed away from their homes, and the needless work of men and women on the Lord's Day. . . . We sympathize with every legitimate effort to obtain a living wage, reasonable hours, protection of life and limb, workingmen's just compensation, decent and healthful conditions in the home. shop. mine, and factory, and pledge our support to all legislative action instituted t«» this end." (Catholic I'ederation Resolutions.) "Between fifty and sixty leading merchants in New \ ork City have been brought to agree to pay women. 18 years old II and upward, who have had one year's experience as clerk, not less than $6.00 a week. Investigation of the income of working women and girls shows that $8.00 is the least on which women in New York City can keep themselves in health and efficiency. Minimum wage boards encourage the fullest publicity of payrolls and wage books and assure to the public clear knowledge where now there is blank ignorance on the part of the shopping public." (National Consumers' League.) "The Church holds that in a Christian society these things should prevail: . . . (c) the pay of every worker for six days' work made sufficient for the needs of seven days of living." (Presbyterian Board of Home Missions.) "The Church must stand for a living wage as a minimum in every industry, and for the highest wage that each industry can afford." "For the most equitable division of the products of industry that can ultimately be devised." (Federal Council of Churches of Christ in America.) "We take the position that a sufficient wage should be paid to require a man to labor not above an average of eight hours out of twenty-four to earn an amount that will meet the necessities of decent maintenance; to provide for the edu- cation of children; and the gradual building of such a surplus as will provide a home and support for a reasonable period, after the age when ability to work has ceased." (Order of Railway Conductors of America.) "We recommend a legal minimum wage in sweated trades." (National Women's Trade Union League.) "We demand a living wage in every industry." (Methodist Federation for Social Service.) Living wage: The workingman with an average family should live in a sanitary, comfortable house; provide good food; be able to keep his children in school until 16; and lay up enough to maintain himself in illness or old age. (Mitchell, John, quoted by Heydrick in The Chautauquan.) Reasons for establishing Minimum Wage Commission: I. To promote the welfare of the State by protecting women workers from impaired health and inefficiency, due to economic distress; 2. To bring employers to a realization of their public responsibilities; 3. To furnish women employes a means of obtaining the best minimum wages consistent with the ongoing of industry, without recourse to industrial dis- turbances; 4. To prevent the exploitation of helpless women, and abolish sweating industries; 5. To diminish the parasitic character of some industries and lessen the burden now resting on other employments; 6. To protect employers from the undercutting of wages by unscrupulous competitors; 7. To stimulate employers to develop the efficiency of the workers; 8. To induce employers to keep together their trained workers, and avoid as far as possible seasonal fluctuations; 9. To educate employes to meaning of the payroll, and heal sense of grievance. (Commission on Minimum Wage Boards, Massachusetts, report, January, 1912, p. 25.) 12 11. 11(.)URS. 1. i'.u.u i-llniK Uay. The cstabli.siiiiunt «>i uiu t.iL;iii-iiL)Ur day for all men employed in continuous industries, and as a n^.axi- mum for women and minors in all industries. 2. Six-Day \\'i:ek. The work period limited fu mx (lays in each week ; and a period of rest of forty consecutive hours in each week. 3. Night Work. Night work for minors entirely prohib- ited; an uninterrupted period of at least eight hours night rest for all women ; and night work for men minimized wherever possible. A. SPECIFIC INFORMATION ON HOURS. "The regulation of working hours is the necessary mechanism to prevent overfatigue or exhaustion, forerunner of countless miseries to individuals and whole nations." (Goldmark. Josephine: "Fatigue and Efticiency," p. 9.) "The shorter workday and relief from overstrain are not in themselves the cure for tlie ills we have considered; but they are the sine <;mij non without which no other cure is pos- sible or conceivable. Just because a fatigued person is a poisoned person, poisoned by the accumulation of his own waste products, nothing can fundamentally cure the exhausted worker which does not eliminate the cause of such accumu- lated poisoning. . . . After exhaustion has set in nothing but rest and repose permits the organism to expel its poisons from day to day." (Ibid., p. 281.) "If the short day were the enemy of production, as its opponents asstrt. and actually led to a lowered output in the long run, the progress toward an 8-hour day in the great men's trades would long since have broken down. No trade could persist and grow which was permanently carried on at a loss. . . . Economic etVicicncy rises and falls with the worker's physical efficiency, and whatever contributes to the latter tends to raise the former!" (Ibid., p. 169.) "Hours are 'long.' whether the day is eight hours or ten. if the work is continued so long that it causes ill health or interferes with the employes' capacity for recreation. From the standpoint of ^ocial welfare, the maximum working day must be limited to a number of hours in which in most indus- tries no more energy is expended than may be regained by a night's rest. fJccupations involving special strain must be provided for specifically." (Butler: Women and the Trades, P- 35^>) Women workers in California canneries report average season in country 14.2 weeks, in city 18.4 weeks. Average hours, country O3.8. city 578 per week. Over one-half the 13 workers questioned reported maximum weeks of 72 hours or over, running in some cases up to 98 a week._ A number of those reporting extremely long hours both in average and maximum weeks are labelers and stampers, who have to do with the product after it is canned, hermetically sealed, cooked, and no longer perishable. Thirteen per cent, of the cannery workers among the women are under 16 years of age. (U. S. Bureau of Labor, Bulletin 96, p. 479-) "The Maryland law contains a provision forbidding the employment of children under 16 more than 10 hours a day. As far as the canneries are concerned, this law appears to be a dead letter. Of the whole group of children studied (189) there were but five who had not had a maximum day of over 10 hours, while 157 had had usual days exceeding this limit." (U. S. Bureau of Labor, Bulletin 96, p. 479-) "Under the pressure of the rush season the employes not only work longer hours, but they increase the speed of their production and thus their hourly earnings. It is equally plain and highly significant that over 'J^ hours a week, which in- volves 6 working days of over 11 hours each, fails to net the workers an average of $6.00 a week. (Mfg. of candy, etc.) (U. S. Bureau of Labor, Bulletin 96.) "No store, factory, schoolhouse. playground, or private home is a fit place for the systematic occupation of children during the night hoars." (National Child Labor Committee, "Child Labor and the Night Messenger Service.") "The irregularity of work is much greater in the packing of shrimp (than in the packing of oysters) as the catch is so easily delayed by adverse weather conditions. The workers do not begin quite so early in the morning and one manager told me that because the fluid in the shrimp affects the fingers of the pickers, it is not possible for the best of them to work much over six hours. It is a common sight to find the chil- dren with swollen and bleeding fingers." Oyster shuckers work from three or four in the morning until about four in the afternoon, and sometimes they have a short lunch period. (Hine, Lewis W.: "Child Labor in the Gulf Coast Canneries," P- 4) "Because of the long periods of idleness when they can earn nothing, these women (home finishers of men's clothing) make the most of the busy season when it comes, and when plenty of work is to be had the combined labor of the whole family, all day and often at night, is utilized. They take as many garments as they can possibly secure, and then work un- limited hours and strain to the utmost to complete their tasks." (U. S. Report on Conditions of Women and Child Wage Earners, Senate Doc. 645, Vol. VIII.) "Taking the 28 North Carolina mills which employed M'omen or children at night, all together, the children working fey day in all these mills were 25.32% of all the day employees there, and the 437 children working by night in all these mills were 26.29% of all the night workers." (U. S. Report on the Conditions of Women and Child Wage Earners, Senate Doc. 645. Vol. I.) There are 35 states in the Union in which children under 16 years of age may work more than 8 hours a day. . . . Under the most exacting conditions, the child is confined in school 1,000 hour? annually. In Massachusetts the factory child is confined 2,808 hours a year, and in New York, where the 8-hour day prevails, he is subjected to 2,496 hours' confine- 14 ment. In Alabama a child of 12 years may legally work 3,120 hours a year, while children of 14 may be cxploycd 78 hours a week, or 4.056 hours a year. The total number of hours of daylight in tlic year, exclusive of Sundays, is 3,744. so that the manufacturinj^ industries of Alabama may legally employ their 14-year-old children 312 hours of the night besides all the hours of daylight. (National t'hild Labor Committee, "Seven Years of Child Labor Ucform.") "Tomato peeling i> often done at long tables where the workers stand all day. Children of u years are employed at this exhausting work for far lunger hours than is permitted in factories for children two years older." (Goldmark, Pauline: "Do Children Work in the Canneries?") "It is not at all unusual ft>r young girls and women to work for 80 or w hours a week. They have been known to work for iH hours of the 24 in certain canneries in New York State." (Goldmark, Pauline: "Child Labor in Canneries.") "Evidence is available to show that children, especially the foreign born, work in some sheds with the adults ten to fifteen hours a day, or as long as there is work to be done." (Hall, George A.: "Unrestricted Forms of Child Labor in N. Y. State." 1 B. FEDERAL, STATE, OR FOREIGN LAWS LIMITING HOURS. HOUR LIMITATION— WOMEN. Arizona has estab- lished the 8-hour day for laundry workers, and Montana a 9-hour day for telephone operators in cities over 3.000. The lo-hour laws of Oregon, Illinois, Michigan, and Ohio, and the 8-hour law of Washington have been sustained by the courts. The 60-hour week holds for Georgia, Illinois. Louisiana. Mary- land, Nebraska. North Dakota, Oklahoma, Oregon, Pennsyl- vania, South Carolina, South Dakota, Tennessee. Virginia, New Jersey, and Kentucky. Connecticut. Maine, Minnesota, and New Hampshire have a 58-hour week; Rhode Island 56-hour; Wisconsin 55; Massachusetts, Michigan, Missouri, New York, Ohio, and Utah 54. NIGHT WORK. In Europe 14 countries— Germany, Austria, Belgium, Denmark, .Spain, France, Great Britain, Italy, Luxembourg, Netherlands, Portugal, Sweden. Switzer- land, and Hungary — have signed an agreement to abolish night work for women. In America three states — Massachu- setts, Indiana, and Nebraska — have laws prohibiting night work for women. HOUR LIMITATION— MEN. In 17 states there are general laws defining a legal day's work for men. Twenty states, the District of Columbia, the United States, Hawaii, and Porto Rico limit the hours of labor in public employment to 8 per day. Regulation in different industries is as follows: mines 13 states, smelters 8, railroad labor 24 and the United States, telegraph or telephone operators handling trains 18 and the United States, street car employment 10, cotton and woollen mills 3; while the following industries are regulated in one state each: bakeries, brickyards, cement and plaster mills, drug clerks, jailers, tunnel and caisson workers, letter carriers (federal law). The legal prohibition of night work for men is still con- sidered impossible in America. Norway, Finland. Italy, and the Swiss Canton of Tessin have recognized that in such em- ployments as bakeries, night work is injurious, even for men, and have prohibited it entirely. In Germany, Svi^itzerland, Norway, Austria, and Russia, the Government has power to fix the length of the working day for any industries where the health of the workers might be injured by long hours. There are on the statute books of the United States, the states, territories, and dependencies, 65 distinct laws designed to limit daily hours of labor of adult males in private employment. Eighteen decisions have been given by courts of last resort on laws concerning bakeries, mines, and smelters. Of ther.e, 11 have upheld the laws as within state police power; 5 have held adversely on account of federal regulation, though affirming or implying their validity in the absence of federal statutes; 2 have been absolutely ad- verse to legislation on constitutional grounds, of which i is generally regarded as based on unsound reasoning. Convict Labor: The following states have a fixed 8-hour day for convict labor: Colorado, Illinois, Missouri, New Jer- sey, Nevada, New York, Pennsylvania, Utah, Washington. The following have an 8-hour maximum day: Delaware, In- diana, Iowa. The following have a fixed lo-hour day: Kan- sas, Oregon, South Carolina, Tennessee, Wisconsin. The following have a lo-hour maximum day: Florida, Louisiana, Massachusetts, Minnesota, Texas. Florida, Idaho, and Louisi- ana forbid night work for convicts. HOUR LIMITATION— CHILDREN. The work of chil- dren under 16 years of age is prohibited at night and limited to an 8-hour day in the following states: Arizona, California, Colorado, Illinois, Kansas, Missouri, Mississippi, Nebraska, New York (9 hours in mercantile establishments). North Da- kota, Ohio, Oklahoma, Wisconsin. In addition to these, night work for children under 16 is prohibited in Indiana, Kentucky, Louisiana, Michigan, New Hampshire, South Caro- lina, Vermont. The following states forbid the employment of night messengers under 21: Arizona, Massachusetts, New Jersey, Rhode Island, Utah, Wisconsin, New York. The same occupation is forbidden boys under 18 in California, Michigan, New Hampshire, Ohio, Oregon, Tennessee. CONTINUOUS INDUSTRIES— ALL WORKERS. In the United States, two laws embodying the principle of three shifts for continuous industries have been passed: in Montana there is an 8-hour law for hoisting engineers in mines oper- ated more than 16 hours a day; and the United States has passed a federal law regulating hours of labor in interstate commerce providing a 13-hour day for telegraphers in offices open only in the day time, and a g-hour day in offices open day and night. A conference of the International Associa- tion for Labor Legislation is now meeting in London, to con- sider the question of continuous industries, with a view to securing a universal 8-hour shift for all workers in continu- ous processes, with the possible abolition of night work. ONE DAY REST IN SEVEN— ALL WORKERS. Cali- fornia has adopted the principle of one day rest in seven for workers in the great industrial employments calling for seven- day labor. Many other states have recognized the principle of Sabbath observance. European countries almost univer- sally require a continuous rest period of at least 24 hours at some time each week. 16 C. STANDARDS OF HOURS ALREADY ACCEPTED. "A twelve-hour day and a seven-day week are alike a dis- grace to civilization. . . . There should be laws requiring three shifts in all industries operating twenty-four hours a day, and there should be laws requiring one day of rest in seven for all women in seven-day industries." (Federal Coun- cil of the Churches of Christ in .Xnicrica. Report on South Bethlehem, Pa., situation.) "Eight-Hour Day to be recognized, and hours of labor on all public works to be reduced as rajiidly as possible to eight per day. Rest and holidays to be provided — at least 36 consecutive hours of rest each week; all legal holidays, and half holidays on Saturdays each week to be allowed. These provisions also to be reijuircd of all contractors doing work for the city." (Socialist Party.) "For children 14-16, 6-hour day, two-hour recess, no night work; 16-18, 8-hour day. Under 18 no night work, no em- ployment in dangerous trades. No night work for women." (Association of American Physicians.) "We recommend the 8-hour day, and the elimination of night work." (National Women's Trade Union League.) "One complete hour of rest; no overtime work; ma.ximum eight hours for factory work." (X. Y. Section of the Coun- cil of Jewish Women.) "Provide that one day's rest in seven be granted, no mat- ter how continuous the industry, and co-operate in establish- ing through legislation the ma.ximum ten-hour working day for women." (American Association for Labor Legislation Immediate Program, 1912.) "There are no set standards governing the employment of members of our Organization relative to the questions you have submitted, except the limitation of the working-day period which must not exceed nine hours in the 24. and which at this time does not exceed 8 hours in the 24 by at least 80% of our membership, and the balance will, it is expected, in the near future have adopted the 8-hour working day." (Bricklayers, Masons and Plasterers' International Union of America.) The only just principle for regulation of hours is to limit the number to a point below which any specific occupa- tion will have no injurious effect upon the health of the workers. (Labor Bureau Oflicials & Factory Inspectors, Re- port, ion. p. 86.) "The Church must stand for the gradual and reasonable reduction of the hours of labor to the lowest practical point, and for that degree of leisure for all which is a condition of the highest human life." . . . "The Church must stand for release from employment one d.-iy in seven." (Federal Council of the Churches of Christ in .America.) "Reduction (of hours) to the lowest practical point. One day rest in seven." (Methodist Federation for Social Service.) , , , "We hold that the Church ought to declare for the release of every worker from work one day in seven. For such order- ing of the hours ami rcV S\II-TV WD HEALTH. "In I90<> few competent .luthoritics ilarcil lt> as>crl lliat more than 50% of tlic industrial accidents were preventable To-day we do not hesitate to say that from ;.>% to Qo'I' are preventable." (Lescohier: .Accident Bulletin No. ,\. Mmnc- sota.) 19 On the railroads at the beginning of the present decade, each year one trainman in every 137 was killed, and one in every 11 injured; one employee in every 399 met his death in service, and one in every 26 was wounded. (Report of In- dustrial Commission, Vol. 313, p. 913.) "During the past 10 years we have had two wars — the Spanish and the Philippine — and the aggregate loss of killed and wounded in the two was less than 6,000 men; while the number killed and wounded in our industrial army during the same period . . . was more than 5,000,000; that is, for every man killed or wounded in war, 'victories of peace' have cost us S75 men killed and wounded." (International Assn. of Officials of Bureaus of Labor, Factory Inspection, & Industrial Commissioners, Proceedings, 27th Annual Conven- tion, Sept., 191 1, p. 20.) "Take the last estimate of our industrial expense, the total number of casualties sufifered by our industrial army is sufficient to carry on perpetually two such wars at the same time as our Civil War and the Russo-Japanese War. (Tol- man. Ibid., p. 21.) "Statistics show us that more than 15,000 men are annu- ally killed in American work accidents, and some 500,000 in- jured — every male in a city of 75,000 slain every year, and every male in a State like Minnesota wounded or crippled." (Paper by Don D. Lescohier, of Minn., Ibid., p. 88.) "Prof. Irving Fisher estimates . . . that of the annual loss of $3,000,000,000 due to sickness, accident and death, one- half, or $1,500,000,000, is preventable." (Ibid., p. 20.) "The provisions of the factory law are general. Because they are applicable to all industries alike, of necessity they fail to cope with the trade danger, which is not general, but characteristic of a particular occupation." (Butler: "Women and the Trades," p. 364.) "The speed of machinery . . . impels the worker to in- crease the quantity of her output. . . . The nervous strain inevitable under these conditions has no inconsiderable share in causing positive breakdown." (Butler: "Women and the Trades,"_ p. 366.) "Noise not only distracts attention, but necessitates a greater exertion of intensity or conscious application, thereby hastening the onset of fatigue of the attention." (Goldmark, Josephine: "Fatigue and Efficiency," p. 71.) "When we find the number and ratio of accidents in- creasing up to a certain point with each successive hour of work during the morning, falling toward zero at the noon hour and again rising to a maximum in the afternoon, it is reasonable to ascribe the increase in large part to the effects of fatigue." (Ibid., p. 71.) "The chief preventable conditions from which work acci- dents result are: (i) lack of provision for safety in construc- tion; (2) Ipng hours of work; (3) too great speed maintained in_ many lines of work; (4) inadequate plant inspection; (5) failure to remedy known defects; (6) inadequate warning and signal systems; (7) inadequate instruction and direction of ignorant workers." (Eastman, Crystal: "Work Accidents and the Law," p. 107.) "If direct protective legislation is to be effective, within the limited field in which safety rules are practicable, inspec- tors must possess a technical mastery of the industry they deal with, inspection must be thorough and frequent, and the 20 penalty for failure to comply with orders must be swift and sure." (Ibid., p. 107.) "Excessive toil under the most healthful conditions be- tween the ages of 12 and lO or any toil during this period which precludes an equivalent development of the intellect, results in an arrest of the normal yrowth of the brain, a replacement of functional with connective tissue or neuroglia. It reduces permanently the mental capacity of the individual, reflecting itself subsequently by the loss of ambition, of will power, the power of concentration, of extended mental effort." (Harmon, William E.: "Handicaps in Later Years from Child Labor.") "You can travel among the plantations of \'irginia. North and South Carolina, and tind hundreds of families of the best type and heredity, where poverty has been so extreme as to require the constant toil of the children; and wherever you find it, almost invariably the marks of mental arrest are dis- tinctly evident." (Ibid.) "We have but to look about us to trace the history of families in our own community ; in fact, to study ourselves, in many instances, to find wherein the excessive work of our fathers and forefathers has handicapped us in the exercise of the finer intellectual and arti.^tic faculties which we feel sure are potentially resident within us." "All excessive labor among children, or even all labor which does not give full opportunity for simultaneous development, is criminally wrong." (Ibid.) "Premature employment in standing positions tends to produce postural deformities of the feet; sitting employment in young children tends to cause distortions of the spine and chest. . . . Children come to their employment with vari- ous abnormal conditions already existing. . . . These things, all of them, lead up to the postural deformities, which develop later during the course of their employment. ... A spine which has started to become crooked . . . and a chest which has not developed to the normal extent may be likened to a nail slightly bent. It may seem strong enough when you look at it . . . but put it under the hammer and instead of going into the wood it bends more. This is precisely what happens to these unfortunate children when they are placed in the unfavorable environment of factories and workshops, and at a time when their growth and development arc not yet complete." (Freiberg, Albert II.: "Some Effects of Improper Posture in I'actory Labor.") "The hygienic conditions of even a poor school are much better, it seems to me, than the hygienic conditions in the best of workshops, so long as a child must spend nine or ten hours a day, or even eight hours a day, at work with only the lunch hour as an opportunity for diversion and relax- ation. . . . Where are the graduates of the factories? I have not come across them in literature, science, art, or politics." (Ibid.) "In England, and to a certain extent in Germany, the work people .ire of the same nationality as their employers and they usually form a stable part of the community. Here, in the poisonous and dusty trades, at least, they are largely foreigners and form a floating migratory population. . . . I do not believe that in any country the distance between peasant and noble is greater than is that between this army of homeless Greeks and Slavs housed in the company shacks 21 of the smelting works, and the American citizen householder of the little town barely a mile away." (Hamilton, Alice, M. D.: Occupational Diseases, Proceedings of 38th Annual Meeting, National Conference of Charities and Correction, 1911.) "As about 20% of all the men are unduly susceptible to lead and become poisoned in a very short time, from a week to a couple of months usually, a factory which is continually taking in new recruits will also continually send out poi- soned men, while a factory which strives to keep its men, can weed out the over-susceptible and settle down to a steady and fairly resistent force." (Ibid.) "The (Illinois Steel) Company's statistics show that seri- ous accidents have been reduced since the energetic safety campaign has been instituted by from 50% to 662-3%, varying with the types of accidents." (Young, Robert, Minn. Acci- dent Bulletin No. 4.) "It is of importance to recognize that the whole plant in which an industry is lodged is a force for or against health. Planning a building with reference to the needs of a particu- lar industry is, if possible, more important than safegiiarding the individual in the interest of health." (Butler: "Women and the Trades," p. 361.) The factories in which very much complaint was made with regard to unsteadiness and improper conduct of girls are precisely those where the hours of work were the longest, sanitary conditions and wages unsatisfactory. (Commission to Investigate Conditions of Working Women in Kentucky, Report Dec, 1911.) Reports from the few states which have taken the matter of child exposure in industry seriously enough to report upon it, indicate that children 16 years of age and under are in- jured or killed at a ratio startlingly higher than are adults in the same industries. (National Child Labor Committee: "Seven Years of Child Labor Reform.") "Upon a conservative estimate the total mortality from accidents in the United States among adult male wage earners is between 30,000 and 35,000, of which it should be by no means impossible to save at least one-third and perhaps one- half. . . . There were approximately not much less than two million non-fatal accidents." (U. S. Bureau of Labor, Bulletin 78, p. 458.) B. FEDERAL, STATE AND FOREIGN LAWS ON SAFETY AND HEALTH, About 30 states have laws intended to protect workers from dusts, unsanitary conditions, bad lighting, and impure or poisonous air. The majority of these laws are too poorly worded to be effective and too carelessly enforced to afford adequate protection. In Illinois the health and safety of employes" receive special attention. Employers engaged in processes involving use of certain p>oisonous substances such as lead and paris green, manufacture of brass or smelting of lead, must pro- vide proper working clothes for employes, respirators, dress- ing rooms, hot and cold water, and eating rooms separate from the dangerous processes; and every precaution must be 22 taken to prevent poisonous dusts and fumes from polluting the air. More important still, employes in dangerous proc- esses must be given a physical examination once a month by a physician provided by employer. (No other state has legis- lation of equal importance to the workers in similar indus- tries.) Massachusetts empowers her state Board of Health to rectify industrial conditions causing eye injuries to workers and to remove children from employment in dangerous proc- esses. Children are excluded entirely from employment in a specified list of dangerous occupations in Connecticut, Illi- nois, Kentucky, Minnesota, Missouri, New York, Ohio, Okla- homa, Pennsylvania, and Wisconsin. Women have been ex- cluded only from mines and saloons in certain states and in other states are prohibited from cleaning machinery while in motion. On this point we are far behind foreign countries. In France females are forbidden to enter a place where any one of 4]6 processes is carried on, because of the danger from poi- soning or disease due to high temperature or the presence of injurious dusts or fumes. Another list of nearly one hun- dred occupations is forbidden to women and children, except under special protective conditions. In many countries women and children are forbidden to work in processes involving the use of white lead and other dangerous materials. The legal abolition of a poisonous substance in manufac- turing has occurred in this country for the first time this year when Congress passed a law which will prohibit the use of poisonous phosphorus in the manufacture of matches. Ger- many, Denmark, Luxembourg, Netherlands, Switzerland, France, Great Britain, Italy, Spain, Austria, Hungary, and Sweden had taken similar action several years ago. France has entirely forbidden the use of white lead in any house-painting process either on outside or inside of build- ings. Belgium prohibits the use of white lead in dry form, and forbids scraping off of lead paint by a dry process. The sale of white lead in the form of powder or cakes to anyone except specially authorized persons is also forbidden. Eight American states — California, Connecticut. Illinois. Maryland, Michigan. New Jersey, New York, and Wisconsin — require physicians to report all cases of sickness resulting from work in several most common industrial poisons, such as lead, mercury, and arsenic. Twenty-two states have laws for protection against acci- dents, but the constant stream of injured and killed in indus- trial life indicates that in none of these states is any standard established which will afford adequate protection to workers. For the protection of employes in building construction, good laws exist in Nebraska, Oregon, and Indiana. In the last two states employers are required to provide protective meas- ures which are "limited only by the necessity for preserving the efficiency of the structure . . . and without regard to the additional cost of suitable material or safety appliances and devices." Thirty-two states have regulations for protection of mine employees. These laws relate to proper ventilation for good air and for dust removal. Installation and maintenance of electrical wiring, telephones, safety lamps, care of explosives, and ignitable material, escapement shafts, and construction 23 of cages and hoisting apparatus. Illinois has established mine rescue stations where men are trained in methods of accident prevention and of rescue work. Illinois also has a commission working on the subject in connection with the Federal Bureau of Mines and the state university. However, the frequent occurrence of terrible mine disasters indicates that no ade- quate standards have yet been reached. Legal protection from factory fires scarcely exists in this country. Ohio, Wisconsin, Minnesota, Colorado, and New Hampshire have raised their standards of safety; Pennsyl- vania provides for fire drills where women and girls are em- ployed; and New Jersey last year enacted the most detailed law on the subject found in this country. In Germany, England, and France, workers in poisonous trades are required to wash hands and faces before eating or leaving factory. No food, drink, or tobacco allowed in work- rooms. Regular warm baths required in dusty trades. Plants must be well cleaned, lighted, and ventilated. Germany and England require certain trades to keep health record of em- ployes. In all three countries a medical certificate of fitness is required from every applicant for work; physical examina- tions are frequent, and "leaded" men are required to be re- moved from contact v/ith the poison. Removal of lead paint by dry process prohibited. Belgium prohibits use or sale of white lead paint in any but paste or liquid form; and France prohibits use of white lead paint in any form after July 20, 1914. LAWS CONCERNING CHILDREN. Children under 16 are forbidden employment in the list of about 40 occupa- tions in Arizona Illinois New York Tennessee Colorado Indiana Ohio Vermont Connecticut Missouri Oklahoma Wisconsin Minnesota Montana Pennsylvania In Texas no boy under 17 may be employed in or about rriines or quarries. In Massachusetts, the State Board of Health may from time to time after hearing duly had, determine whether or not any particular trade, process of manufacture or occupa- tion, in which the employment of children under 18 years of age is not already forbidden by law, or any particular method of carrying on such trade, process of manufacture, or occu- pation, is sufficiently dangerous to the lives or limbs or injuri- ous to the health or morals of children under 18 years of age to justify their exclusion therefrom. No child under 18 years of age shall be employed, permitted, or suffered to work in any occupation thus determined to be dangerous or injurious to such children. There shall be a right of appeal to the Superior Court from any such determination. Michigan, Minnesota, New York, Ohio, Oklahoma pro- hibit employment of women in any occupation requiring con- stant standing. Twenty-three states require provision of seats for all female employes, and Florida makes same provision apply to all employes. 24 C STANDARDS OF SAFETY AND HEALTH AL- READY ACCEPTED '■\\ I- litiuaiul employers' liability; ii»ilu>iri;ii ui>urancc . . . sanitation of workshops (regulation as to air, tempera- ture, moisture, etc.)." (As^ociation of American lMiysician>.) "We recommend protected machinery, sanitary work- shops, separate toilet roonis, scats for women and permission for their use when the work allows." . . . "To provide ade- quate tire protection." (National Women's Trade Union League.) "Extend the uniform reporting of occupational diseases to additional states." (American 'Association for Labor Leg- islation, Immediate program, 1912.) "\Ve advocate the establishment by congressional enact- ment of a permanent commission of, say five members, anal- ogous in character to the Interstate Commerce Commission, this commission to have complete power to prescribe the con- ditions under which coal entering into interstate commerce shall be mined, just as the I'edcral Government at present passes upon the character and conditions under which meat produce enters into interstate commerce." ( Haynes, John K., M. D., Commissioner of Mining Accidents in California.) The American Association for Labor Legislation makes the following recommendations for regulation of lead indus- tries in N. V. State: (i) Require trades to be licensed; (2) require monthly physical examination of workers under super- vision of State Medical Inspector of Factories; (3) require removal of "leaded" men from industry, or at least from contact with lead; (4) require State Medical Inspector, with adequate staff, to supervise and inspect conditions; staff to include chemist for testing air. etc.; (5) require Medical Inspector to keep health records of workmen; (6) every work- room to be properly ventilated, cleaned, and lighted; all lead dust to be removed by sufficiently powerful exhaust; (7) wash- ing facilities with hot water and baths, and separate lunch room to be provided for all lead workers; (8) no edibles or tobacco to be taken into workrooms; (q) workmen to be provided with protective devices according to rules of Medical Inspector; (10) workmen required to wash in hot water before meals and Weaving factory; and to take hot bath once a week — all on company time; (11) employer to furnish free medical advice on premises, with drugs and treatment in case of poisoning; (12) workmen to be instructed in dangers and prevention of lead poisoning, and instructions to be posted; (13) in house painting, no paint to be removed by dry process. The International Association for Labor Legislation has laid down certain principles upon which the work of regulat- ing and eliminating industrial poisons should be based. Those which apply to this country are briefly as follows: (l) Phy- sicians and hospitals should be compelled to make returns concerning cases of industrial disease; (2) employers should be required to report the manufacture or use of industrial poisons; (3) special inspection of those industries which man- ufacture or employ industrial poisons should be made by official physicians especially instructed in industrial hygiene; (4) the hours of labor of workers emplf>yed in poisonous in- dustries should be shortened according to the degree of dan- ger; (5) the study and knowledge of industrial pois en- hanced by the very congestion of ihese industrial populations. 3. Home Work. Factory production to be carried on in fac- tories. Whenever work is given out to homes, abuses are sure to creep in which cannot be controlled by any known system ••^ iTi^pec- tion or supervision. 4. Tenement Manufacture. Tenement house manufacture is known to be a serious menace to the health, education, and eco- nomic independence of thousands of people in large cities. It subjects children to injurious industrial burdens and cannot be suc- cessfully regulated by inspection or other official supervision. Pub- lic welfare, therefore, demands for city tenements the entire prohi- bition of manufacture of articles of commerce in rooms occupied for dwelling purposes. 5. Labor Colonies. In temporary construction camps and labor colonies, definite standards to provide against over-crowding, and for ventilation, water supply, sanitation, to be written into the contract specifications, as now provided in the New York law. 27 A. SPECIFIC INFORMATION ON HOUSING. "George Picto, one of the leaders in the housing move- ment, in the discussion of the question of limiting the divi- dends of building societies, before the last congress for cheap dwellings, pointed out that precisely in those districts w^here there is the greatest congestion and w^here the conditions are w^orst, investments earn the highest dividends." (Hotchkiss, Willard E., "Housing Problem in France" — Municipal Affairs, p. 404.) An investigation in Berlin some years ago revealed the fact that the death rate for families occupying one room was 163.5 per thousand, for families occupying two rooms 22.5 per thousand, three rooms 7.5, and four rooms or more 5.4 per thousand. (Riis, Jacob A., Charities & the Commons, Vol. XVIII, p. T!^ Infant mortality varies almost arithmetically with housing conditions. Although children under five are only one-ninth- of the population, they furnish one-third of the deaths. (President's Homes Commission; Report of Com. on Build- ing of Model Houses, p. 8.) "In these one-room tenements, the average death rate for a number of given cities at home and abroad is about twice what it is in a two-room tenement, four times what it is in a three-room tenement, and eight times what it is in a tenement consisting of four rooms or over." (Roosevelt, Theodore, Message to Congress, Dec, 1904.) Three-quarters of an hour between house and work prac- tically establishes the limit of residence for wage-earners. (Cargill, H. L., "Small Houses for Working Men" in The Tenement House Problem, p. 331.) Model tenement buildings, being better constructed, cost more than tenements erected by speculative owners, but rentals need not be larger. The expense of management is less per given unit when several contiguous city lots are built upon. The repair account is less by reason of better construction and more efficient management. There are fewer vacancies and losses from irrecoverable arrears. . . . Gross rental receipts of 9% upon a thoroughly well-built model tene- ment building will yield as high a net return as gross rentals of II to 12% upon the ordinary tenement. (Gould, Elgin R. L.. "Financial Aspects of Recent Tenement House Opera- tions in New York," in The Tenement House Problem, pp. 365-6.) Until better terminal facilities are arranged for New York, so as to distribute the crowds coming into the city with greater speed and less congestion it will be impossible to break up the vicious tenement system. (Weber, Adna F., "Rapid Transit and the Housing Problem," p. 412.) More girls have been started in recent years upon a life of immorality, because of their associations in the tenement houses, than by all other means combined that supply this traffic. (DeForest, R. W., & Veiller, Lawrence, "The Tene- ment House Problem," p. 52.) The workingman in New York is housed worse than in any other city of the civilized world, notwithstanding the fact that he pays more money for such accommodations than is paid elsewhere, being compelled to give more than one-fourth of his income for rent. (Ibid., p. 115.) Every improvement made in city, town, or village ... is 28 to some extent exploited by the owner of workmen's dwell- ings. (Edwards. John, "The Socialist Remedy for Unheatth- ful Homes," in Municipal Affairs, p. 438.) Xo improvement in the size, convenience, or quality of the workinan'b home has taken place during the last hundred years which has not been forcctl upon builders and owners by legal enactment and municipal by-law. (Ibid., p. 44J.) The old ideal of home which recjuires that every family shall possess its own dwelling is one which does not harmon- ize with the economic conditions of our modern social life. (Hotchkiss, Willard E.. "Housing Problem in Trance," in Municipal Affairs, p. 404.) "W here cities grow vertically in.stcad of horizontally, they tend to become like a column of water — densest at the bot- tom. But the growth of the suburbs depends upon three things: the rapidity and efHciency of transportation facilities, cost of transportation, and housing conditions in the suburbs." (Guthrie, VV. B., "Housing Problem in Germany," in Munic- ipal Affairs, p. 383.) Tiie pre>cnt position seems to be that municipalities suc- ceed in building really very good houses, which as a rule they have no difficulty in letting, but that the great majority of them have failed to provide for the requirements of the class which perhaps most needs help. (.Ashley, Percy, "Housing Problem in England," in Municipal .\fFairs, p. 371.) "A sort of selective proce>s, always going on. fi^rces out or kills off those of the immigrant population who are not satisfied with or not able to endure tenement conditions, leaving behind a peculiar 'type' that is the despair of those who are working for social betterment to-day." (Claghorn, Kate Holladay, "Foreign Immigration and the Tenement House in New York City," in The Tenement House Problem, p. 78.) Some people feel that the question of housing comes down to the question of income. There are too few good houses, but the present income of the laboring classes can apparently command no more. The feeling seems to be gen- eral that if the capitalistic method of production is detri- mental to the interests of the laboring classes, the capital- istic management of consumption is still more injurious. The control of the housing interests should be more socialized. (Guthrie. \V. B., "Housing Problem in Germany," in Munic- ipal Affairs, p. 393.) Either the city nmst be prepared at no diNtant flate to house all the poorer class of tenement dwellers, or it must leave them to be housed as heretofore by individual enter- prise properly regulated by law. (Del'orest. Roht. \\'.. "Mu- nicipal Regulation — Not Ownership," in Municipal .\ffairs, p. 452.) Simple houses for the well-doing poor may yield a small interest to a philanthropic investor or to a municipality; but with regard to the poor who are not well-doing experiments are urgently called for in building houses which, if they do not immediately pay .£. s.. d. will ultimately pay in dimin- ished disease, pauperism, and crime. (Mann. John. Jr.. "Hous- ing the Very l^oor." in Municipal .Affairs, p. 4.^rt.'> Indirect taxation, by enliaiirinvj rents .Tiid prices which the poor must pay. takes from them part of what they actu- ally receive for their wtandard of living, and dirty habits, make them most susceptible to contagious diseases; hence it is asserted that the practice of giving out to workers garments to be finished or made up in their homes is to place the wearer in the way of contracting tuberculosis and other contagious or infectious diseases, or of catching vermin. . . . Doctors who will agree to conceal diseases fron> the health department arc the most popular with the garment workers, .\gents of the ( l'. S.) Bureau (of Labor) found women working on garments while children in the house were suffering with contagious diseases. . . . It is not claimed that all home finishing is done under unsanitary or revolting conditions, yet the fact that it can be done under such condi- tions, and that much of it is so done, forces the conclusion that such a method of manufacture should be abolished in the interest of public health." (I'. S. Senate Document. 645, Vol. VIII.) Of the married j/io/> finishers none earned less than $2.00 in a full week, while practically 15 per cent, of the mar- ried lunnc finishers earned less than that amount; . . . a little more than 50 per cent, of the married home t'lnishers earned less than $3.00 a week. (United States Report on Woman and Child Wage Earners in the Nfen's Ready-Made Clothing Industry. Senate Doc. 645, Vol. VIII.) The compensation which the home workers receive for their labor is, as a rule, such that they do not eani enough to provide even the shelter, food, and raiment, essential to main- tain a moderate standard of pliysical efficiency. (Ibitl. p. 28) Of 114 flower making firms, 91 gave out part of their work to home workers. Of these firms 76 reported the number of home workers on their pay rolls as 2,300 families. In no families interviewed by our investigators there were 226 out- side wage earners and 371 home workers, or an average of more than three home workers in a family. On the basis of the number of families reported by the employers, it would appear, therefore, that nearly 7.000 home workers are em- ployed to make artificial flowers in New York. (Van Klceck. Mary. "Makers of Artificial Flowers.") Over 30 per cent, of the family groups earned a weekly wage of less than $5.00, although in 83 per cent, of the families there are two or more home workers. Sixty per cent, lost from three to six months." (Ibid.) "I found one tenement containing two or three families of home workers in which there was a child exceedingly ill with diphtheria. I found one woman finishing pants who was ill of tonsilitis. I twice found children with bad sore throats making flowers. They constantly put their fingers to their mouths to make them moist. . . . Children with sore eyes anrk which young children now perform teaches them chiefly instabil- Z7 ity and disregard of the future." (Kelley, Florence, Illinois Report Factory Inspector, 1896, p. 28.) "We cannot afford to destroy men and women in their childhood for the sake of cheapening commodities. ... A people develops capacity for production and achieves a lead- ing place in art and industry by comfort, education, short hours of labor, etc., but never by child labor, long hours, or brutalizing environment." (Ludw^ig, Andrew B., Kentucky Report Labor Inspector, 1903, pp. 132-3-) "I believe that we owe it to ourselves and to posterity and to the workingmen of our State, that the age of labor be raised in order to lessen the tendency to bring the labor of children into competition with men and women." (At- kinson, Gov. G. W., W. Va., Bureau of Labor Report, 1899- 1900, p. 218.) "It is more than vain to talk about the claims of parents to profit by the wages of their children. Their children are not chattels, but human beings, with rights of their own, which no parents for their own pleasures or uses may vio- late. And if parents fail to protect the rights of their chil- dren, the commonwealth is bound to do so." (Cardinal Man- ning: Mass. District Police report, 1891, p. 23.) "It is obvious that children of 10, 12, and 14 years of age may be steadily worked in our manufactories without any schooling, and that this cruel deprivation may be perse- vered in for years and yet no dangerous outbreak may occur to arouse the public mind from its guilty slumbers. The retri- bution waits the full completion of the offense. But when they go blunted in morals, blind in intellect, from the sphere of childhood to full political sovereignty, there will come a terrible retribution." (Mann, Horace, Wisconsin Labor Sta- tistics, 1899-1900, p. 277.) "Upon the proper distribution of labor in the labor mar- ket depend production, wages, and stability of employment." (Women's Educational & Industrial Union, Boston, "Labor Laws and Their Enforcement," p. 337.) There is often a large unsatisfied demand for unskilled labor while at the same time there is a large supply of much labor unemployed in neighboring districts. (tJ. S. Bureau of Labor, Bulletin 68.) In ordinary years of business prosperity, taking all indus- tries into consideration, out of every one hundred persons, sixty will be steadily employed; forty will be working irregu- larly. Of those who have irregular employment, three will be out of work. (N. Y. Com. on Employers' Liability, and Unemployment, 191 1.) Eliminating idleness due to disability and labor disputes, the mean percentage of unemployment for the last half of 1910 was I I.I as compared with 10.8 for 1909. Similar figures for the end of December are 15.51 for 1910 as against 16.6 in 1909. (N. Y. Dept. of Labor, Bulletin, March, 191 1.) In 1905 in New York State there was a difference between the maximum requirements and minimum requirements for workers in all manufacturing industries of not less than 300,000. (U. S. Census of Manufactures. 1905.) Unemployment is always a factor in modern industry; the average miner can work from year to year about two- thirds of the time; in other industries, the average unemploy- ment from year to year is almost one-fifth. In some years the unemployment is several times more severe than in others. 38 • . • ""^^''^ thiiiK ir, clear— ca>ual labor i> inetlicirnt. cheap, and disastrous to the casual laborer." (NearinK. 'Wages in the U. S., pp. 199, 200.) "It is the irregularity in the requirements of industry troin month to ni..nth that is the chief cause of unemployment " (Prof. Seager, ".Social Insurance.") B. FEDERAL, STATE, OR FOREIGN LAWS ON TERM OF WORKING LIFE Children under 14 years of age are prohibited from tht principal wage-earning occupations in the following states: Arizona Louisiana North Dakota Colorado Massachusetts Ohio Delaware Michigan Oregon District of Columhin Minnesota Pennsylvania Illinois Missouri Rhode Island Indiana Mississippi* Tennessee Iowa Nebraska Wisconsin Kansas New Jersey Kentucky New York (* Boys 12.) In addition to these a number of other states forbid child labor under 14 years in any occupation while the schools are in session. TRADE EDUCATION. In Wisconsin wherever evening, continuation, industrial, or commercial schools are estab- lished by cities or towns, children from 14 to 16 must attend not less than 5 hours per week for 6 months. Employers must reduce the hours of such children not less than the num- ber of hours which they must attend these schools. Illiterate minors over 14 may not be employed where there are such schools unless in attendance upon them, and they must fur- nish employer weekly with written report of attendance. LAWS CONCERNING WOMEN. Massachusetts in 1910 prohibited the employment of pregnant women for two weeks before and four weeks after childbirth. New York this year prohibited employment for four weeks after child- birth. Practically all foreif^n countries have similar legisla- tion, frequently extending the prohibited period to eight weeks, and Austria. Belgium, Denmark. Germany, Great Britain, Italy, Norway, and Russia provide insurance or medical aid in some form. In Belgium, Holland. Austria, and Denmark (except upon medical certificate stating that it will not injure mother or child), women must not be employed in industry within four weeks of childbirth. Switzerland requires total absence from work of eight weeks, six of them after childbirth; longer period in trades exposing women to phosphorus, lead, mercury, sulphuric acid, or in dry cleaning works, india rubber works, and processes requiring lifting and carrying heavy weights or exposure to violent shocks. In Germany women must not be employed within four weeks after childbirth. This time is extended to six weeks unless woman presents certificate approving employment at end of four. 39 Spain prohibits employment of women within three weeks of childbirth, and provides time — two half hours, not to be deducted from wages — to care for baby during work day. C. STANDARDS ALREADY ACCEPTED ON TERM OF WORKING LIFE. "We hold that the Church ought to declare for the aboli- tion of child labor, that is, the protection of children from ex- ploitation in industry and trade; and from work that is dwarfing, degrading, or morally unwholesome." (Presbyterian Board of Home Missions.) "We pledge ourselves to the improvement of the industrial condition of the workers by forbidding the employment of children under i6 years of age." (Socialist Party.) "No children under 14 years should be employed." (Assn. of American Physicians.) "We hold for the abolition of child labor." (Presbyterian Church, Bureau of Social Service.) "The Churches must stand for the abolition of child labor." (Federal Council of the Churches of Christ in America; Methodist Federation for Social Service.) "Minimum age for self-support — 16 years. Maximum age — according to physical condition." (New York Section, Council of Jewish Women.) "Wages should be high enough to give the man of ordi- nary thrift the opportunity to lay by sufficient to maintain him in old age after having reached the age of say 65 or 68." (Order of Railway Conductors of America.) "Bad as is the effect of continuous labor on children, words are not strong enough to condemn the practice of em- ploying child labor at night. ... I earnestly commend to the consideration of our members the advisability of entirely abolishing the employment of children, so that we can in the near future say that we employ child labor neither directly nor indiVectly. Where we employ them indirectly, as we do in the purchase of bottles, the solution of the problem is not in our hands, but surely our influence with the bottle manu- facturers is great enough to abolish child labor in that in- dustry." (Liebmann, Julius, President (1907-8) U. S. Brewers' Association.) "No pregnant woman should be allowed to work in a fac- tory, under continual strain. Housework gives relief at inter- vals, but factory work does not. . . . No nursing mothers should be permitted to work away from home for at least the first six months after the birth of a child." (N. Y. Section of the Council of Jewish Women.) "We recommend the prohibition of the employment of pregnant women two months before and after childbirth." . . . "We recommend the appointment of women physicians as health inspectors, whose duty it shall be to visit all workshops where women and children are employed, to examine the physical condition of the workers. . . . We recommend pen- sions for working mothers during the lying-in period." (Na- tional Women's Trade Union League.) -50 \I. COMPKXSATinx OR INSL'RANCK. CoMi'tiNs.vnuN Df.manulu. liotli social and individual wel- fare require some effective system of compensation for the heavy loss now sustained by industrial workers as a result of unavoidable accidents, industrial diseases, sickness, invalidity, involuntary un- employment, and old age. 1. Accidents. Equitable standards of compensation must be determined by extensive experience, but there is already ample precedent for immediate adoption as a minimum the equivalent of four years' wages in compensation for accidents resulting fatally. Compensation for accidents resulting in permanent disability should not be less than 65 per cent, of the annual wage for a period of 15 years. 2. Trade Dise.\ses. For diseases clearly caused by nature and conditions of the industry, the same compensation as for acci- dents. 3. Old Age. Service pensions or oKl age insurance when- ever instituted so protected that the person who with«lraws or is discharged from the employment of a given company docs not for- feit his equity in the same. 4. Uxe-Mflovment. Unemi)!c)ymcnt of able-lwdicd adult men under 65 years of age is abnormal and wasteful, and is as proper a subject for recognition by the public authorities as con- tagious disease or other abnormal conditions which menace the public well being. The demand for insurance against unemploy- ment increases with the increasing specialization in industry. The development of state, municipal, and private agencies to insure against unemployment in Kuropean countries affords ample infor- mation for the guidance of such enterprises in America. A.— SPECIFIC INFORM.\TION ON COMPENS.\TION OR INSURANCE. The Report of the United States Bureau of Labor. 1900. covers a study of about 1.200 wnrknicn's insurance funds or societies. The Report is Riven for 8S national or international labor organizations operating >uch funds, including a study 41 of 530 local labor organization funds; 50 railroad funds, and 461 local establishment funds such as are maintained by large corporations like coal and iron companies. The labor organ- ization and industrial benefit society funds are mutual in operation. The greater number of railroad relief funds are handled by the management and the railroad pension funds ,are exclusively controlled by the employer. In the estab- lishment funds, however, the management in 74 per cent, is v^fith the members, in 6.9 per cent, with the employer, and in 19.1 per cent, there is joint management of employer and employes. Nearly all the funds investigated attempt no more than to relieve immediate necessities. The investigation shows that the working man usually receives but scant compensa- tion for disabling injuries received in the course of his work, and especially when he suffers the loss of a part of his body or some other permanent disability. It shows further that by far the greater part of the compensation comes from the work- ing man rather than from the industry that presents the hazard. (United States Bureau of Labor, 23d Annual Re- port.) Only a small percentage of the (workmen's insurance and benefit) funds pay superannuate benefits, that is, benefits to members who have passed a certain age. This kind of in- surance has not made much progress in the United States, al- though it seems to be meeting with some favor in recent years. During the past twenty-five years in Germany exports to foreign countries have risen from fourth to second place in international trade. Emigration has practically ceased, and the country is obliged to import annually a million laborers. The national wealth is doubled. Wages have risen for un- skilled labor 25 per cent.; for skilled, 50 per cent.; in certain trades the increase has been as high as 100 per cent. The standard of living of German laborers moves in a constantly higher direction. Germany has the lowest percentage of un- employment. (Prof. Zacher, "German System and Foreign Countries, in the Arbeiterversorgung," March 21, 191 1; and "Combination of Compulsory State Insurance with Voluntary Private," Ibid., Oct. i, 191 1.) All that insurance can do is to compensate for the loss or damage brought to an individual by a force over which he has no control, and thus prevent extreme poverty. The aver- age duration of life in Germany has increased for males from 38.1 years to 48.8 years; for females from 42.5 years to 54.9 years; and this lowered mortality rate is in great part due to the curative and preventive work of the insurance system. (Ibid.) "The investigation of 43:2 families of home workers in New York City in 1912 shows 134 heads of families regularly employed, while 298 heads of families were emploj'cd irregu- larly. Among the causes of idleness are the following: sick- ness, 13; old age, 4; seasonal trades, 76; inability to find work, 205." (Watson, Elizabeth C, "Home Work in New York City," National Child Labor Committee.) There are 3 classes of unemployed: i, efficient and will- ing to work; 2, inefficient and willing to work; 3, unwilling to work. "A conservative estimate would be that in ordinary years of business activity the least number out of work is about 3 per cent, of the wage earners regularly employed in the industries of the state; while during the winter months the 42 number would rise to 8 or lo per cent. In a year of business depression, like 1908, the number out of work ranges from 15 to 30 per cent. . . . Over and above the pcrcentaKcs here Riven arc the beggars, tramps, and vaKrant*. who have entirely dropped out of our inne-third of our waj^e earner- are turned out of work for various periods. . . . At all times of the year in every industrial center (»f the stale (New York) able- bodied men are forced to remain idle thouKh willing to work " (Commission on Employers' Liability an«l Causes of Indus- trial Accidents; Unemployment, and Lack of Farm Labor. Report of Committee «>n l'nempli)yment. Ge<»rge A. Voss, Chairman.) "Employers will reckon with this responsibility for the prevention of accidents just abf>ut as fast as the c<»nscience of society is arousfst the entire economic loss which inevitably follows it. . . . The physical suflering of the injured we cannot share. \Vc cannot satisfy the longing or lessen the grief. Hut the economic loss we can share. Our failure to do this is an injustice to the wage earner; and the outcome of this injustice is misery." (Ibid., p. 152.) I'roper care of persons out of work is an efhcicnt means of preventing such persons from underbidding the prevailing rates of wages, and thereby maintaining an existing level. (Report of I'nited States Commissioner of Labor, igog. p 20.) Out of 16.^74 brewery workers within a two-year period I 72^ met with'i.'>8l industrial accidents, disabling thetn for an aggregate period <4 r^.y>'> «la>s. That is. the i.vrrage tunc laid off was 27.0 days, or almost four weeks ( I helps, fcd- ward Bunnell, United States Hrewers' Association > "The employment of children has increased with the reduction of wages, and the employment of adults has rtc- 4^ creased with the employment of children." (Fell, New Jersey Insp. Factories and Workshops, 1884. p. 19.) "The employment of children is assigned by these reports (state statistics on unemployment) as one of the chief causes for the idleness of working men and women. If child labor could be abolished to-day there are probably enough adults out of employment and willing to work to fill their places." (Colorado Bureau Labor Statistics, 1901-2.) B. FEDERAL, STATE, OR FOREIGN LAWS ON COMPENSATION OR INSURANCE Workmen's Compensation Laws were enacted in ten states in 1911. The main provisions are as follows: Death. — Compensation equal to about 3 years' wages in California, Kansas, Massachusetts, Nevada, New Hampshire. Minimum awards, $1,000 in California, $1,200 in Kansas and Massachusetts, and $2,000 in Nevada. Maximum awards, $5,000 in California, $3,600 in Kansas, and $3,000 in Massachusetts, Nevada, and New Hampshire. Compensation equal to about 4 years' wages in Illinois, Ohio, and Wisconsin; with mini- mum award of $1,500 in each state, and maximum awards of $3,500, $3,400, and $3,000 in order given. New Jersey awards from $1,500 to $3,000, according to circumstances; Washington from $20 to $35 a month during dependency or childhood. Ohio and Washington pay funeral expenses. In nearly all cases compensation is greatly reduced where there are no dependents. Total Disability. — Compensation equal to about 50 per cent, of weekly wages in Illinois, Kansas, Massachusetts, New Hampshire, New Jersey; 60 per cent, in Nevada; 65 per cent, in California, and Wisconsin; and 662-3 per cent, in Ohio. Yearly wages on which to reckon compensation: minimum in California, $333.33; Wisconsin, $375; Massachusetts, $400; Illi- nois, New Jersey, and Ohio, $520; Kansas, $624. Maximum, Wisconsin, $750; Massachusetts, New Hampshire, and New Jersey, $1,040; Illinois and Ohio, $1,248; Kansas, $1,560; Cali- fornia, $1,666.66; Nevada, $3,000. Time limits: California, 780 weeks; Illinois, 416; Kansas, 520; Massachusetts, 500; New Hampshire, 300; New Jersey, 300-400; Ohio, 312; Wisconsin, 780. Partial Disability. — Compensation equal to 50 per cent, weekly wages in Illinois, Massachusetts, New Hampshire, New Jersey; 60 per cent, in Nevada; 65 per cent, in Cali- fornia and Wisconsin; 662-3 in Ohio; Kansas, 25 per cent.- 75 per cent.; Washington, according to degree of disability. California, Illinois, New Hampshire, New Jersey, and Wis- consin place same maximum compensation and time limit as in case of total disability. Kansas gives same time limit; Massachusetts, Nevada, and Ohio same maximum compensa- tion; California, Ohio, and Wisconsin give same minimum compensation. In all states except Ohio the employer is sole contributor. In Ohio the employe may be assessed 10 per cent, of the cost of insurance. Act of 19 10 — Employer's Liability Act (New York State). I. Shifts burden of proof of contributory negligence to employer. 44 3. Makes "fellow servant" not apply to anyone exercis- ing authority, that is. any foreman or boss. 3. The workman can only be held responsible for as- sumption of risk when the employe knows the risk but does not notify the employer of it; and the employer does not know and cannot discover by reasonable care, tests, inspection, etc. Barnes Act of 1906 (New York State). Applies to railroads. Practically same as act of 1910. Excludes from class of "fellow servant" anyone operating signals, switches, locomotive engines, cars, trains, or tele- graph offices. Makes the mere existence of defect which the employer could have discovered by reasonable care, etc., prima facie evidence of negligence on part of employer. Compensation laws have been enacted in 26 foreign states. In Belgium and Great Britain they apply to practically all employments. In Austria, Belgium. Germany, Denmark. Fin- land, Italy, Luxembourg. Netherlands. Norway. Russia. Spain, and Switzerland only wage earners, and in some cases those exposed to the same risk, such as overseers and technical experts, come within the scope of the law. On the other hand, in France, Great Britain, the British Colonies, and in Hungary, the laws apply to salaried employes and work- men equally, except that overseers and technical experts earn- ing more than a prescribed amount are excluded in several countries. The entire burden of compensation rests upon the employer in all but six countries — Austria, Germany, Greece, Hungary, Luxembourg, and New South Wales — where the employes bear part of the expenses. The laws in every case fix the compensation to be paid, and usually compensation is based upon the wages received by the injured person. In Denmark compensation in case of permanent dis- ability equals six times the annual earnings, and proportionate payments for partial permanent disability. In Great Britain compensation for death equals three years' earnings. In Italy compensation for death, if occurring within two years after accident, is five times the annual wages; and if permanent disability, six times annual wages. SOCIAL INSURANCE. (Taken from Report of the United States Commissioner of Labor, iQog, "Workmen's Insurance and Compensation Sys- tems in Europe." Methods cited in order of development of modern most approved systems.) 1. ACCIDENT INSURANCE: a. Systems of pure compensation, in which employer must provide compensation accordinii to scale specified in law. with- out any obligation to insure in advance. Belgium, Denmark, F'rance. Great Britain, Greece. Russia. Spain. b. Law establishes individual responsibility of employer, and requires him to take out insurance in certain private or state institutions, or to furnish guaranty sufficient to cover his responsibility. Finland. Italy, the Netherlands. c. Law requires employer to insure in specified manner Of specified institution. Austria. Germany. Hungary. Luxem- bourg, Norway. 2. SICKNESS INSURANCE: . a. Free, unregulated mutual benefit societies. Russia, Spain. b. Government regulation. Individual societies encour- aged, by certain privileges, but not compelled to submit to government regulation. Great Britain, Finland, Netherlands, Italy, Sweden. c. Government subsidies to benefit societies. Belgium, Denmark, France. d. Compulsory insurance. Shifts part of burden from em- ploye to employer. Germany, Austria, Hungary, Luxem- bourg, Norvi^ay. 3. MATERNITY INSURANCE: (Purposes: to assist mothers; to reduce infant mortality.) Germany combines maternity insurance with sickness in- surance system. France, no specific legislation, maternity insurance granted by many private societies. Russia requires employers to furnish medical aid, in some cases with hospitals and midwives in constant attendance. Austria combines maternity with sickness insurance system. Italy (proposed law) national maternity insurance system, compulsory. , 4. OLD AGE INSURANCE. a. Voluntary systems not receiving government subsidies. Funds for special industries from contributions of workmen and employers, Austria, Belgium, France, Germany, Great Britain, Poland. Trade Unions, Friendly Societies, Mutual Aid Societies, mostly in Great Britain, Austria, Belgium, France, Germany, Italy. b. Voluntary systems, receiving government subsidies. Belgium.. France, Italy, Portugal, Spain. c. Compulsory insurance (contributions of insured and employers), National systems, Austria (salaried persons only), France, Germany. Special industries: mining, Austria, France, Russia; navigation, Belgium, France; railroads, France, Italy, Russia, Belgium; government industrial establishments, France, Italy, Russia; etc. d. Ncn-contributory systems: pensions paid from state revenues. Great Britain, France, Denmark, certain Austral- asian countries. 5. INVALIDITY INSURANCE: a. Voluntary systems not receiving government subsidies. (Usually done in connection with old age, or sick benefits.) Friendly societies in Great Britain, trade unions in Germany, mutual benefit societies in Belgium, France, and Italy. b. Voluntary systems receiving government subsidies. Belgium, France, Italy. c. Compulsory insurance. Combined with old age insur- ance, Austria, France, Germany. (France, miners, railway employes; Belgium, railway employes, seamen.) d. Non-contributory systems of insurance. France, Aus- tralian federation, Victoria, Denmark, New South Wales. 6. UNEMPLOYMENT INSURANCE: a. Voluntary organizations not receiving government sub- sidies. Trade unions. Great Britain and the continent (out- of-work, travel, and removal benefits.) b. Voluntary organizations receiving government sub- 46 sidies. Belgium (Ghent system). France, Norway. Denmark. Germany. GHENT SYSTEM. The following summary of the plan of unemployment in- surance in Ghent describes the most significant system in Europe: Unemployment committee, established 1900 Under- lying principle: Help in proportion to self-help; i. e.. if worker himself provides against unemployment, by joining an asso- ciation granting out-of-work benefits to members; or by plac- ing funds in a bank, he may upon unemployment receive from city committee a grant of money in direct proportion to amount received from association, or drawn from bank. Committee appointed by communal council, consisting of councillors and representatives of afhiiated associations. Sub- sidy paid only in case of involuntary unemployment, including fire and breakdown of machinery; not including unemployment due to strikes, lock-outs, sickness, or other physical incapacity. Payment made through affiliated associations wherever pos- sible. Committee works in cooperation with municipal labor ex- change. Workmen claiming grants required to register at ex- change, and are bound to accept suitable work offered, on pain of forfeiting grant. Daily registration — now required by many trade unions — will probably be required in near fu- ture. Adult men and women aie treated on same basis; chil- dren receive a smaller rate; present number of members in- sured is 20,000. "The existence of the scheme has had a most important effect on the unions. . . . They have come to look upon themselves not simply as armies drilled to make war on em- ployers, but as instruments of general social organization and progress, fulfilling most important functions in the common- wealth, even apart from their functions as protectors of the workman against the employer." (Gibbon. I. G.. "Unemploy- ment Insurance," p. 89.) In Bavaria the commune is responsible by law for the labor bureau. Central employment bureaus in the largest Bavarian cities are connected with outlying bureaus into one system. No fees are charged; the entire cost being defrayed by the municipality assisted by grants from the Bavarian gov- ernment. England recently established a system of National Em- ployment Exchanges which follow the German system, ex- cept that while the German exchanges, though coordinated and encouraged to some extent by State and Imperial Govern- ments, are mainly municipal in scope; the English system is uniform and national in character. Eighty-two labor ex- changes were opened in February, 1910. January, 191 1. the number increased to 148, and by September. 191 1. to 338. C. STANDARDS ON COMPENSATION' OR INSUR- ANCE ALREADY ACCEPTED. The principles upon which the system of compulsory insurance advocated by the National Association of Manufac- turers of the United States is based arc as follows: I. All legislation must be for compensation; 2. compensa- tion legislation must cover every wafjc-workcr; 3, compensa- tion must be assured; 4, compensation must be efficient; 5. em- Llbrary Institute of indurt-'p.i Pplatlona Univo:*city ^■' ' "^ Los Aiib'Oloa I-': -^^ ployer and employe are jointly responsible for all unprevent- able accidents, and should therefore jointly meet the compen- sation expenditures; 6, every injury except those due to criminal carelessness or drunkenness on the part of the worker should be compensated; 7, humanity and efficiency demand that prevention of accidents is made of prime importance; 8, since the progressive individual usually provides voluntarily for reasonable accident compensation, it is right that the re- actionary or selfish individual be compelled to do likewise, through universal compulsory insurance; 9, to prevent unfair competition between employers in dififerent localities, it is necessary that compensation laws of the various States are reasonably uniform; 10, single liability is essential for reasons of efficiency and equity. (Schwedtmann, Prof. F. C, before the International Association of Factory Inspectors, 1911. See report, p. 22.) "The common law system of employers' liability based upon negligence with its defences of contributory negligence, assumption of risk, and fellow servant's fault. . . . has been outgrown and should be abandoned, substituting for it a law based not upon the fault but upon the fact of injury, a law that would recognize as its basis that injuries to work- men under existing conditions should be regarded as risks of the industry." (United States Com. to Investigate Employers' Liability and Workmen's Compensation.) The consensus of opinion among delegates to the last in- ternational conference on social insurance in Dresden was that compulsory state insurance should be limited to the wage earners, and to certain risks only. Such insurance so limited is not like private insurance and ordinary commercial enter- prises, but has a social or relief aspect. The humane element, social responsibility, is therefore a sine qua non of the juris- prudence of a national insurance system. (Brodsky, Ran- dolph T., "Is the German Industrial Insurance System a Fail- ure?" Survey, May 4, 1912.) "We stand for insurance against death or accident in in- dustry; industrial arbitration; care of dependent and incapable persons." (Presbyterian Bureau of Social Service.) "Each city shall have a thoroughly equipped bureau for the assistance of those out of work. The bureau to co- operate with similar bureaus of other cities and states so that both the industrial and agricultural fields shall be thoroughly covered. . . . Public works and public institutions in various lines to be executed so as to give work to the un- employed. (Socialist Party.) "The Churches must stand for suitable provision for the old age of the workers and for those incapacitated by in- jury." (Federal Council of the Churches of Christ in America.) "We hold that our Church ought to declare for some provision by which the burden imposed by injuries and deaths from industrial accidents shall not be permitted to rest upon the injured person or his family." (Presbyterian Board of Home Missions.) "In all pursuits where irregular employment is one of its regular accompanying features the wage should be graded so that it will furnish at least continuous subsistence." (Order of Railway Conductors of America.) 48 Library Institute of Induntrial Relations Univernity of Ca''ifornia Los Angeles 24, California UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last dale stamped below. tsM^ REC'O U)Ml MAY 5 M>i 24139 UNlVEIiSAiT '■:.. , jIFORNIA LOS ANGELES ulcrJ - HIET aiNOfl S»ro<-... N T S'oU'o«. Col.t 3 1 158 005b5 AA 0U1 ^57 443