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to pupils who study part time in vo- | prosecution of the same defendant for cational schools "age and schooling shipments or deliveries for shipment certificates" to work in factories, before the beginning of the first proseworkshops, mills, and all manufacturing places, if such pupils are above the age of 14 years. Either commissioner may revoke the certificate at any time without assigning a cause, and nothing in the act may be construed to permit the employment of children more than eight hours a day or six days a week (Ch. 242). In New York the employment of children in connection with the making of moving-picture films is carefully regulated (Ch. 278), and the granting of employment certificates is more closely safeguarded in several important respects (Ch. 465). In Rhode Island also amendments relate to employment certificates, and to physical examinations which now must be made by physicians employed by the state, instead of the state's paying fees for examinations by private physicians as formerly (Ch. 1378). In South Carolina the childlabor law was amended by raising the minimum work age from 12 to 14 in factories, mines, and textile establishments (Ch. 361).

cution. No dealer is to be prosecuted who establishes a guaranty issued by and containing the name and address of the manufacturer or producer, to the effect that the goods were not produced or manufactured under such conditions that their shipment, delivery for shipment, or transportation is prohibited by the act. No person is to be prosecuted if the only employment of a child has been that of a child as to whom, in good faith, the manufacturer or producer procured at the time of employment and has since relied upon and kept on file a certificate showing that employment of the child is not contrary to the Act. The Attorney-General, the Secretary of Commerce and the Secretary of Labor constitute a board to make uniform regulations for carrying out the Act. For the purpose of its proper enforcement, the Secretary of Labor, or any person duly authorized by him, may at any time enter and inspect mines, quarries, mills, canneries, workshops, factories, manufacturing establishments, and other places in which goods are produced or held for interstate commerce. Every district attorney to whom the Secretary of Labor reports any violation or to whom any state factory, mining, or quarry inspector, commissioner of labor, medical inspector, or

The Federal Child Labor Act provides that no producer, manufacturer, or dealer may ship, deliver for shipment, or transport in interstate or foreign commerce any product (1) of a mine or quarry, situated in the United States, in which within 30 days prior to the removal of the prod-school-attendance officer, or any other uct therefrom children under 16 have been employed or permitted to work; or (2) of a mill, cannery, workshop, factory, manufacturing establishment, situated in the United States, in which within 30 days prior to the removal of the product therefrom children under 14 have been employed or permitted to work, or children between 14 and 16 have been employed or permitted to work more than eight hours a day, or more than six days a week, or after 7 p. m. or before 6 a. m. In the case of a dealer the application of the Act is limited to shipment, delivery for shipment, or transportation from the state, territory, or district of manufacture or production. Prosecution and conviction for a shipment or delivery for shipment is a bar to any further

person presents satisfactory evidence of any violation, must cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States for the enforcement of the penalties for such violation. Any person not complying with the Act is liable to a fine of not more than $200 for each offense prior to his first conviction under the Act, and to a fine of $100-$1,000, or imprisonment for not more than three months, or both, for each offense subsequent to such conviction (Ch. 432, 64th Cong., 1st Sess.).

Factories and Workshops.-In Kentucky the act creating the state Insurance Board provides for a state fire marshal to be appointed by the state auditor for a term of four years. He must all individuals or commit

to read the timetables and ordinary English handwriting, or unable to speak, hear or understand English, or to see and understand signals (Ch. 424). In Rhode Island the law regu lating automatic sliding gates or freight-elevator shafts is amended (Ch. 1351). In Virginia washrooms and toilets for workmen are required, and the administration of the fireescape law is made more explicit.

Hours of Labor.-Four states and

tees of various organizations to advise him in making regulations in regard to safety from fire, and in cities the chief of the fire department must inspect all buildings once every six months and in the fire limits every three months. The fire marshal may prescribe the proper safeguards and fix reasonable standards of safety for the installation of equipment or construction of buildings (Ch. 19). Louisiana makes it a misdemeanor knowingly to permit improperly the United States enacted legislation guarded or defective machinery (No. affecting the hours of labor for men. 146). In mercantile or manufactur- For public employees Massachusetts, ing establishments in Massachusetts which already had the eight-hour day, where the nature of the work makes provided also for a 48-hour week a substantially complete change of (Ch. 240), and in New York public clothing necessary, separate lockers contracts are no longer forfeitable or other receptacles with locks must at the option of the municipality for be provided (Ch. 115). In Mississippi violation of the eight-hour law (Ch. canning factories are added to the 151). For private employments the establishments exempted from the re- Mississippi general ten-hour law was quirements of registration and license amended to permit employees to work (Ch. 95). Passenger elevators in not more than 30 minutes additional New Jersey must within two years each day for the first five days of after the act takes effect (March 22, the week, in place of 20 minutes; to 1916) be furnished with an interlock- permit night workers to work 114 ing device automatically preventing hours for the first five nights of the movement of the elevator car until week, beginning with Monday night, the shaft door is closed and securely and 34 hours on Saturday night, all fastened; a cumulative penalty and subject to the 60-hour week limitadetailed provisions for enforcement tion; and to provide that nothing in and prosecution in case of violation the act shall apply to railroads or are provided. The commissioner of public-service corporations (Ch. 239). labor is to enforce the act, except in South Carolina regulated the making municipalities, where the approval of up of lost time, and limited work to the regularly appointed building in- 10 hours daily on certain interurban spector is sufficient (Ch. 260). In car lines (Chs. 547, 544), while MasNew York several amendments to the sachusetts authorized an investigafire-protection law were made. The tion into seven-day labor in hotels requirement of a fire-alarm signal and restaurants (R. C. 74). system and fire drill in certain factor- By far the most significant reguies was amended by exempting build-lation affecting hours of labor for ings where every square foot of floor male adults was the Federal Eighton all stories is protected with an au- Hour Act affecting railroads. tomatic sprinkler system having two law provides that, beginning Jan. 1, adequate sources of water supply ap- 1917, and until 30 days after an proved by public authorities, and in investigation commission created by which the maximum number of occu- the Act has reported, the compensapants on any floor does not exceed by tion of employees "for a standard more than 50 per cent. the capacity of eight-hour workday" on railroads subthe exits (Ch. 466). In New York al- ject to the Interstate Commerce Act, so it is made a misdemeanor for steam if such employees are actually enor electric railroads to employ, in or gaged in any capacity in the operaabout the operation of engines or tion of trains in interstate or fortrains, an engineer, assistant en- eign commerce, shall not be reduced gineer, fireman, engine foreman, host- below the "present standard day's ler, train-man or flagman (excepting wages." For all "necessary time" in flagmen at crossings), who is unable excess of eight hours (which is de

This

clared to be "a day's work and the | be evidence of such knowledge or of lack of ordinary care on his part or of negligence on the part of the company (Ch. 458).

measure and standard of a day's work for the purpose of reckoning the compensation for services") the pay shall be at a rate not less than the pro rata rate. The Act provides for the appointment by the President of a commission of three, at a salary fixed by him, to observe, during a period of not less than six nor more than nine months, the "operation and effects" of the "eight-hour standard workday" and the facts affecting the "relations" between the railroads and their employees. Within 30 days thereafter a report is required to be made to the President and to Congress. An appropriation of $25,000 is made for the work of the commission. Violation is a misdemeanor, penalty $100-$1,000, or imprisonment for not over one year, or both. (Ch. 436, 64th Cong., 1st Sess.) This Act, which resulted from the threat of a general railroad strike, and the constitutionality of which is, at the time of going to press, being contested before the Supreme Court of the United States, is discussed in detail elsewhere (see also Labor, supra; I, The Sixty-Fourth Congress; and XX, Railroads.)

The penalty for violation of the act of March 4, 1907, limiting the hours of labor of railroad employees, is changed from $100-$500 to "not to exceed $500," and the provision that carriers shall be deemed "to have knowledge of acts of their officers" is changed to shall be deemed "to have had knowledge" of such acts (Ch. 109, 64th Cong., 1st Sess.); (see also "Woman's Work," infra).

Mines. In only one state was legislation enacted affecting mines. Virginia amended her Coal Mine Act of 1912 to include the owner among those who must employ a mine foreman to keep watch on ventilating apparatus; and the provision making it the duty of each miner to prop and secure his place and prohibiting his working unless he has sufficient props and timbers is omitted, and a provision substituted prohibiting a miner continuing work in a place "known by him to be unsafe," or which, with ordinary care, he might have so known, but the happening of an accident is not in itself held to

Social Insurance.-Legislation in the field of social insurance is still in America largely confined to workmen's compensation. While considerable discussion has taken place in regard to old-age pensions and unemployment insurance, little has been accomplished in the way of legislation. The pressing need for some method of providing for sickness, as accidents have been provided for, is meeting with increasing recognition throughout the country, and California in 1915 and Massachusetts in 1916 (R. C. 157) created commissions to study social insurance with particular reference to health insurance.

Two southern states still without accident compensation, South Carolina and Virginia, amended their employer's-liability laws with regard to railroads. One other southern state, Kentucky, and the territory of Porto Rico enacted workmen's-compensation laws, making 35 states and territories to adopt such legislation since 1911. In Kentucky the law is elective, with a compensation board of three members at $3,500 a year, appointed by the governor to administer the act; the state is divided into three administrative districts. Compensation is based on a scale of 65 per cent. of weekly earnings but not less than $5 nor more than $12 a week for not over eight years, but the total payment must not exceed $5,000. employer must provide medical and surgical care with a cost limit of $100. Compensation is increased or decreased by 15 per cent. in accordance with the failure of the employer to provide safety appliances or of the employee to observe safety rules. Alien non-resident relatives are debarred from compensation (Ch. 33). In Porto Rico the act is elective and a Workmen's Relief Commission is created with five members. Standards of actual payment are considerably lower than in most of the states, although the rate for permanent total disability stands at 75 per cent. of average weekly wages for 208 weeks plus $1,500.

The

Massachusetts, among other minor

amendments, reduces the waiting period for compensation from two weeks to ten days. New Jersey establishes a Workmen's Compensation Aid Bureau in the Labor Department to assist in administering the law (Ch. 54). New York adds several new occupations to those covered by the act, provides for elective acceptance in non-hazardous callings, allows awards for facial or head disfigurement, and slightly increases the compensation scale at certain points, while the fund for additional payments for permanent total disability sustained after partial disability is provided by the payment of $100 by insurance carriers for every case of death where there is no legal dependent (Ch. 622). Louisiana also amends its law in several respects, including compensation for serious disfigurement; the time for giving notice of accident is extended and in many other respects the act is made more liberal (No. 243). In Maryland the definition of "miner" is extended and compensation is allowed to alien, non-resident, dependent widows, children, and parents; among several other amendments, intoxication must be the sole cause of an accident if an employee is to lose compensation (Ch. 597).

of arbitration created have the usual powers of investigation but not the power to enforce findings. In Maryland it is made the duty of the state Board of Labor and Statistics "to do all in its power to promote the voluntary arbitration, mediation, and conciliation" of industrial disputes. The Board may, subject to the approval of the governor, appoint boards of arbitration and provide for their necessary expenses and for reasonable compensation to the members (Ch. 406). In Massachusetts the law prohibiting advertisements for laborers in establishments where there is a strike was amended to require a hearing on three days' notice before the determination of whether or not business is being carried on in a normal manner (Ch. 89). The enforcement of this law was transferred from the Board of Conciliation and Arbitration to the state Board of Labor and Industries (Ch. 143). In South Carolina a Board of Conciliation for investigation and arbitration of industrial disputes and strikes, composed of three members appointed by the governor for six-year terms, was created. Compensation is fixed at $10 a day to each member actually employed in the performance of his duties, in addition to traveling expenses. One member shall be an employer, one a member of a recognized labor union, and the third shall be appointed on recommendation of the other two (Ch. 545).

measures

The Federal Workmen's Compensation Act for employees of the United States Government now ranks among the most liberal laws of the world. It displaces the inadequate measure of 1908 and applies to all the halfmillion civil employees. It provides Unemployment. Few compensation on a scale of two-thirds were enacted in the field of unemployof wages, not exceeding $66.67 a ment, and no progressive new features month, for the total period of dis- were developed in the legislation of ability, with a waiting period of only 1916. The Virginia statute regulatthree days and with all necessary ing private employment offices was remedical care. The Act is to be ad- enacted with several changes. Agenministered by a Federal Employees' cies must be licensed, a register must Compensation Commission, consisting be kept as prescribed by law, and of three members appointed by the fees are limited and regulated. The President at annual salaries of $4,- commissioner of labor enforces the 000. An appropriation of $550,000 act and makes needed rules and reguwas made for the year 1917. (Ch. lations (Ch. 168). The activities of 458 and P. 272, 64th Cong., 1st Sess.; "labor agents" are also strictly reguin effect Sept. 7, 1916.) (See alsolated (Ch. 517). In Maryland and XIV, Property and Casualty Insurance.)

Trade Unions and Trade Disputes. -Only three states enacted legislation affecting the conduct and settlement of trade disputes. The boards

in New Jersey the operation of public employment offices was made one of the functions of the reorganized labor departments, and New York created a Bureau of Farm Settlement in the Department of Agriculture

(Ch. 586). California endorsed the suggestion of the United States Department of Labor that financial aid be granted to unemployed who settle on the public domain. Investigations of unemployment were ordered, in Maryland under the direction of the Labor Department and in Massachusetts under the direction of a socialinsurance commission.

The only legislation of the year on the minimum wage occurred in Massachusetts, where the act was amended to provide that the commission hereafter shall consist of one employer of female labor, one representative of labor, and the third may be a woman (Ch. 303). In the 1912 law the only specification as to membership was the permission of one woman representative.

Woman's Work.-No additions were made to the list of states now restricting the hours of labor for women workers, but three states amended existing laws relating to private employments. In Louisiana the exceptions in favor of mercantile establishments for the 20 days before Christmas were struck out, and Saturdaynight exemptions were limited to mercantile establishments "in which more than five persons were employed" (Ch. 177). In Maryland overtime in mercantile establishments on Saturdays and before Christmas was regulated (Ch. 147), and in Massachusetts the state Board of Labor and Industries was authorized to determine what employments are seasonal in applying the exception in favor of such employments (Ch. 222).

Wages and Liens.-Corporations for pecuniary profit in Kentucky must pay wages semi-monthly (Ch. 21), while in Louisiana oil and mining companies were added to the employers who must pay wages every two weeks or twice each month (Ch. 108). In Louisiana, also, all persons engaged in the business of loaning money on wages must secure a license and pay a state tax which local authorities may increase (Ch. 102). A lien was placed on railroad beds, tracks, fran

chises and rights of way (Ch. 98), liens were extended and safeguarded in several other fields, and employers were forbidden to compel employees to purchase from designated concerns (Ch. 188). South Carolina modified its mechanics' lien law and established a weekly pay day for textile plants (Ch. 546), while Massachusetts narrowed the scope of its existing weekly pay-day law by limiting hotels to which the law applies to those "in a city," and placed its administration with the state Board of Labor and Industries. It also amended the law governing the assignment of wages by requiring the wife's written consent (Ch. 208). Virginia protected employers from employees who accept money or property without rendering services as agreed under a contract by making such acts larceny (Ch. 188).

Miscellaneous. South Carolina strengthened its race-segregation law for textile mills by making violation a misdemeanor punishable by a fine of not over $100 for each offense or imprisonment for not over 30 days or both (Ch. 391). Congress made widely available the report of the Federal Industrial Relations Commission, and under the Fortifications, Army, Navy and other appropriation acts prohibited the use of any part of the appropriation to pay any officer or other person in charge of the work or any employees of the United States Government while making a time study with a stop watch or other time-measuring device on any job; or to pay a bonus to any employee except for suggestions for improvement or economy in operation of a government plant (Ch. 225, 64th Cong., 1st Sess.). The Federal Government also amended the Seamen's Act of 1915 by reapportioning the number and kind of buoys for vessels under 400 ft. in length. Members of the Federal Marine Band are forbidden to furnish music as individuals if they are placed in competition with civilian employees (Ch. 417, 64th Cong., 1st Sess.), and soldiers may not compete with civilians.

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