Street Trading.-Important restrictions to regulate street trading were enacted in Nevada, New Hampshire, Utah, Wisconsin and Missouri. The Wisconsin law, which is by far the most perfect, raises the age limit for selling newspapers and periodicals from 10 to 12 years for boys and from 16 to 18 years for girls. Boys under 14 are forbidden to sell newspapers, etc., after 6.30 p. m. in winter and 7.30 p. m. in summer (instead of after 10 p. m. as before). A parent permitting a child to work, or any person employing a child without a license, is liable to a fine of $25 to $100 or imprisonment for 10 to 60 days. Hours of labor for children were shortened in ten states. The eighthour day for all children under 16 was established for the first time in Colorado, Missouri and Wisconsin. In all, ten states and the District of Columbia have now established an eight-hour day for all children under 16. Children under 16 have been excluded from all night work for the first time in six states, while California has excluded all under 18 after 10 p. m. Night work in practically all occupations, for children under 16, between certain hours which are most commonly 7 p. m. to 7 a. m., is now forbidden in no less than 31 states. Employment certificates were adopted for the first time in Colorado, West Virginia and Utah, while improvements in the issuing of the same, better proof of age or increased school requirements were made in seven other states. The constitutions of the new states of Arizona and New Mexico illustrate the tendency of today for better protection to the immature child and, as far as possible, his elimination from industry. Both provide that their legislatures shall enact suitable laws for the regulation of the employment of children. Arizona's constitution goes further and requires that no child under fourteen years of age shall be employed in any gainful occupation during school hours, and that no child under sixteen years of age shall be employed in mines or in any injurious or hazardous occupation or in any work at night or more than eight hours a day. FEMALE LABOR Advances have been made in the legal protection of women workers along three different lines-hours, wages, and the prohibition of work just before and after childbirth. The movement for the eight-hour day is gaining ground, as is evident from the fact that California and Washington enacted eight-hour laws for women. The California law applies to manufacturing, mechanical, mercantile, telegraph or telephone establishments, to laundries, hotels restaurants, and to express or transportation companies. The Washington law applies to mechanical or mercantile establishments, laundries, hotels or restaurants. This law also provides that a judgment of unconstitutionality given against any part of the act shall not affect any other part. Both laws exempt the canning industry. Eight-hour bills were hard fought for in Illinois, Ohio and Wisconsin. or In Illinois the ten-hour law of 1909 was extended to practically all employments, a 54-hour week was secured in Ohio and in Missouri, and the ineffectual eight-hour law of 1867 in Wisconsin was replaced by a 55hour week, which applies to manufacturing, mechanical or mercantile establishments, laundries, restaurants, confectionery stores, telegraph telephone offices or exchanges, and express or transportation companies. If any part of the work falls between 8 p. m. and 6 a. m. for more than one night a week, such work shall be considered night work, which is then limited to eight hours a day and 48 a week. One hour must be allowed for dinner. or The employment of women in Utah for more than nine hours a day is forbidden in an extensive list of employments. Massachusetts reduced the working hours of women from 56 to 54 a week, and enacted a law prohibiting the employment of women for two weeks before and four weeks after childbirth. Minimum Wage.-In Minnesota, Wisconsin and Massachusetts bills were presented relating to the establishment of minimum wage boards. The Minnesota and Wisconsin bills, which provided for the creation of such boards, were defeated; but the Massachusetts bill, which provided for a commission to study the subject, was passed, and the commission will report in January, 1912. Connecticut also has a commission on woman's work, with very broad powers of investigation. HOURS OF LABOR Most of the laws of last year upon the subject of hours of labor for men relate to private employment, but in a few states hours in public employment also were limited. In both classes of laws there is a tendency to make enforcement possible by expressly forbidding any one to "require or permit" employees to work more than the specified time. operated day and night, or 13 in to The Eight-Hour Day.-Four laws A tendency to extend and strengthlimiting hours of labor to eight a en the eight-hour day in and about day in public employment have been mines is apparent, and the beginning enacted in Connecticut, Massachu- of the "one day rest in seven" movesetts, New Jersey and Wisconsin. ment is seen in Connecticut, although The long fought battle in Massachu- this law is extremely limited in its setts has at last resulted in the pas-operation. Hours have been reduced sage of an effective law, but Wiscon- from 66 to 60 a week in textile mills sin has gone a step further by adding in Georgia and in all manufacturing that the proved fact of work for establishments in North Carolina. more than eight hours is prima facie evidence of a violation, and also by carefully defining the meaning of "emergency." An eight-hour work day is also required for employees in all work on the new submarine torpedo boats in process of construction for the United States Navy. WAGES Wages. Of the 40 states which held legislative sessions during 1911 28 passed laws relating to wages. Mechanics' lien laws were enacted or amended in 17 states. Railroads.-There is a distinct ten- In Connecticut and Wisconsin wages dency, especially in the western states, are preferred claims against the to limit the hours of all employees estates of deceased persons, and in certain dangerous occupations, not-payment in scrip or in non-negoably mining and the operation of rail-tiable evidence of indebtedness or road trains. The Nebraska and North in merchandise is forbidden in Carolina laws have provided that employees engaged in the movement of trains must not be required or permitted to remain on duty for more than 16 consecutive hours, after which they must have at least ten consecutive hours off duty, and after being on duty for 16 hours in 24 they must have at least eight consecutive hours off duty. Train dispatchers and employees engaged in similar occupations must not be on duty longer than nine hours in 24 at offices, etc., California, Indiana, Nevada and New Hampshire. The time when discharged employees are to be paid is regulated in several states. In Indiana wages must be paid weekly, instead of every two weeks as before, to all employees in mining and manufacturing industries, and in Maine to all employees in mining, quarrying, manufacturing and mercantile industries, and to all ployees of street railways, telegraph or telephone, or incorporated express em or water companies. In Missouri all | irrespective of fault or negligence excorporations and in New Jersey all cept where caused by wilful misconrailroad companies must pay wages duct or other aggravation of responsemi-monthly; and Massachusetts pro- sibility; the benefit payable, bearing vides that in manufacturing estab- a definite relation to the former lishments in which there are 100 or earning capacity, subject to minimum more employees wage payments must and maximum amounts, and not inbe made before the close of the regu- tended to give full indemnity; the lar working hours. Assignments of payment of the benefit in periodical wages are regulated in six states- installments, subject to commutation Alabama, Massachusetts, Minnesota, to a lump sum under specified conMissouri, Montana and Ohio; Mis- ditions; denial of compensation for a souri safeguards their garnishment; and New York amends two previous laws relating to executions. The wages of certain public employees are fixed in Nevada and Massachusetts; Idaho makes it unlawful for an employer to impose as a condition of employment any terms as to where a workman shall board or lodge or as to the place where he shall make his purchases; and Massachusetts prohibits employers from imposing fines for imperfections in weaving. WORKMEN'S COMPENSATION Commissions. In addition to the state commissions on employers' liability and workmen's compensation previously appointed in eleven states (Minnesota, Wisconsin and New York in 1909 and in 1910 New Jersey, Montana. Washington, Ohio, Illinois, Maryland, Missouri and Massachusetts, and by the federal government in 1910) the legislation of 1911 provided for the creation of similar commissions in nine other states-Colorado, Connecticut, Delaware, Iowa, Michigan, North Dakota, Pennsylvania, Texas and West Virginia-and, by a special resolution, in Nebraska. In New Jersey a commission was authorized to observe the operation of the employers' liability act, and the term of office of the Massachusetts commission was extended. Workmen's Compensation.--As a result of the widespread movement for reform in dealing with industrial injuries, ten states last year passed laws providing compensation for injured employees. The principle of compensation involves in the main the following points: payment for injuries or death brief initial period, in order to eliminate the great mass of insignificant injuries, but liberal provision for medical treatment; encouragement of arbitration; abrogation of the right of action at common law, except where the fault of the employer is aggravated. In discussing the constitutional question involved in the compensation acts, Prof. Ernst Freund says: It was generally recognized in considering the change from liability to compensation that the abandonment of fault as the basis of liability presented a constitutional question, and all the commissions obtained legal advice and expressed their own conclusions with reference to the legal practicability of question was concededly a new one, that is to say, there was no precise authority squarely in point, either for or against the compensation plan. preponderance of opinion was that the unwritten limitations of state and federal constitutions did not prohibit a reform whereby the burden of accidents due to risks of trade should be placed at least in part upon employers instead of upon the employees exclusively. The reasons for this conclusion were per the new scheme. The constitutional The haps most fully and fairly presented by It was therefore a very serious blow country, it was felt in other states where compensation bills were pending that it would be unwise to press measures based upon the principle thus rejected, and all these states, except Washington, made their laws at least nominally optional or elective. They all establish presumptions in favor of election, to be overcome only by express notices of dissent or nonacceptance, generally for both employers and employees, but in California, and under the insurance systems, only for employees. A further pressure was sought to be exercised upon the employer by taking from him the well known common-law defenses of assumption of risk, fault of in Wisconsin only where there are at fellow servant, except in Nevada, and least three employees, and the absolute are dependents) runs from three to four years' earnings (in Ohio, six years'), with a minimum amount of from $1,000 to $1,500, and a maximum amount of from $3,000 to $5,000. In Washington a monthly compensation of from $20 to $35 is allowed during dependency or childhood. In case of total disability the injured workman is allowed from 50 per cent. to 66 2-3 per cent. of weekly earnings, but is limited to a weekly sum of from $4 to $12; a time limit is also placed, extending from eight to 15 years, or after a certain amount of money has been paid. Illinois, Ohio and Washington have no time limit. In case of partial disability most of the states reduce the amount of compensation and the period of payment in proportion to the injury. New Jersey and Massachusetts have a schedule of injuries and the compensation allowed. Payment begins from one to two weeks after The scheme of elective compensa- disablement (in Washington, immetion was adopted in California, Il- diately) and savings or benefits due linois, Kansas, New Hampshire, New the injured workman are not to be Jersey and Wisconsin*; compulsory considered in fixing compensation. compensation modified by the rule of Employers' Liability.-Four states comparative negligence in Nevada; an Arkansas, Kansas, Montana and elective insurance system in Massa- South Dakota-have changed the exchusetts and Ohio; and in Washing-isting employers' liability laws relatton a state insurance system§ was ing to railroads by abrogating the provided, compulsory as to certain fault of fellow servant rule; by makenumerated employments and elective as to all others. The employer bears the cost of compensation in all states except Ohio, where the employees contribute 10 per cent. of the cost of the insurance. In most of the states the laws apply to an enumerated list of dangerous employments, but in Massachusetts, New Jersey, Ohio (where five or more are regularly employed), and in California and Wisconsin (except casual), all employments are covered. In California, Massachusetts, Ohio, Washington and Wisconsin special boards or departments are created to administer the acts. The amount of compensation allowed in case of death (where there Declared constitutional in the case of Borginis et al. vs. the Falk Co. + Declared constitutional in Opinion of Justices, Senate No. 615. ing the employer liable when an injury is caused by a violation of the safety law; by abrogating the defenses of contributory negligence and assumption of risk when legal protection is not provided, and in other cases by substituting comparative for the absolute defense of contributory negligence. Notable laws were enacted in Indiana and Oregon greatly increasing the liability of the employer, especially in dangerous trades, such as building construction and the handling of electricity. Nebraska also passed a similar law applying specifically to building construction work and to all manufacturing or mercantile establishments where eight or more are employed. Among the several other laws which were enacted two excellent provisions are found in Wisconsin. One provides that in all actions § Declared constitutional in the case for damages, no statement made by of Davis-Smith Co. vs. C. W. Clausen. the injured person within 72 hours after the injury shall be used in evi- | If a diseased condition is found, the dence against him, unless admissible physician must report the name, adas part of the res gestae; the second dress, age, sex, last place of employact provides that where an attorney ment of the patient, the name of the A copy has appeared for the injured person, employer, and the nature and probno settlement will be valid without able extent of the disease. the consent of the attorney or an or of the report must be transmitted by Non-resident alien the Board of Health to the Departder of the court. relatives are now entitled to the bene- ment of Factory Inspection. fits of the liability law in Wisconsin and in Pennsylvania. REPORTING OF ACCIDENTS FACTORIES AND WORKSHOPS disastrous Fire Protection.-The factory fires in Newark and New York led many states to provide more Industrial Accidents. As a result adequate protection against fire. In of the wide-spread movement for re- New Jersey a new law lays down form in dealing with the problem of detailed rules for the prevention of industrial injuries, many laws were fire and for means of escape in case enacted in 1911 for the purpose of of fire. Ohio, Wisconsin, Minnesota, securing reliable information concern- Colorado and New Hampshire have ing the extent and nature of work also raised their standards of safety in this regard, and Pennsylvania proaccidents and diseases. Thirteen states and the United vides for monthly fire drills in all inStates passed laws which are intend-dustrial establishments where women ed to supply more complete data with or girls are employed. In many states, accidents. too, fire marshals have been appointreference There is an apparent tendency to re-ed or their duties increased. quire the notification of practically officials have supervision over facall accidents rather than merely of tories and workshops and also over serious or fatal ones. Supplemental theatres, hotels, churches and tenereports, moreover, are now required ment houses. in a large number of states after the expiration of a specified period fol lowing the accident. to industrial These A bill amending the charter of Greater New York so as to allow the fire commissioner to reorganize his department and to provide for a bureau of fire extinguishment and a separate bureau of fire with enlarged powers, prevention passed both houses and was finally signed by the governor. Occupational Diseases.-Six states enacted laws requiring physicians to report cases of several well-defined occupational diseases, precisely as they have long reported maladies of In California, Safety of Machines and Processes. a contagious nature. marked tendency to Michigan, Wisconsin, New York and There is a Connecticut physicians must report strengthen the laws for the safety of all cases of anthrax and of com- workingmen in factories and workpressed-air illness and all cases of in- shops, as well as in mines, by allow dustrial poisoning from lead, mer- ing the inspectors to close down any their establishment or to prohibit the use cury, arsenic, phosphorus or compounds. In Illinois employers are of any particular machine which is required to cause all employees who inimical to the health or safety of In Minnesota the Comcome into direct contact with such employees. dangerous processes as those involved missioner of Labor may prohibit the in the use of sugar of lead, white use of any machine which is in a lead, lead chromate, litharge, red lead, dangerous or unsafe condition until arsenate of lead, paris green, or in the required safeguards have been Ohio created a Board of or the provided. the manufacture of brass smelting of lead or zinc, to be exam- Boiler Rules similar to that which ined once every calendar month by has been in successful operation in a licensed physician, who must report Massachusetts for several years. Masimmediately to the State Board of sachusetts authorized an investigaHealth the result of the examination. tion by the State Board of Health 371 |