paid woman and child labor in this country, together with the example set by England, Germany, New Zealand, and Australia, has led to legislation on the subject of the minimum wage in 11 American states. The Massachusetts act of 1912 became operative on July 1, 1913, and similar acts were passed in 1913 in Washington, Oregon, California, Colorado, Nebraska, Minnesota, and Wisconsin; provision to study the subject was made in Michigan and New York; and an actual minimum-wage rate was established by law in Utah. The Massachusetts and Nebraska acts are not compulsory, since they may only publish the names of employers who refuse to pay the minimum wage as fixed by the commission. These acts apply to any occupation, but do not include men workers, although the Minnesota law covers minors up to 21 years of age. Either the workers or their representatives may be appointed on wage boards, but only in Minnesota is provision made for the election of representatives by the employees themselves. All of the acts went into effect during the year and Oregon in September determined upon minimum-wage rates in manufacturing and mercantile establishments in the city of Portland, to take effect in November. chairman and shall choose a secretary and fix his salary. it may establish for any occupation: hours of labor for women and minors, not exceeding the present 10-hour statutory limit; conditions of labor for women and minors; minimum wages for women workers; and minimum wages for minors. Every employer is required to keep a register of all women and minors in his employ. The Commission has power to inspect books, pay-rolls, and records, and to investigate conditions which relate to the work of women or minors, and it may require full statements from employers regarding hours and wages, hold public hearings, subpoena witnesses, and administer oaths. If the Commission finds any substantial number of women working for unduly long hours or low wages in any occupation, it may call a conference to inquire and report upon conditions in that industry. The conference is to be composed of one or more of the commissioners, of not more than three representatives of the employers, three of the employees, and three disinterested persons, all appointed by the Commission, and its procedure is regulated by the Commission. The conference must report to the Commission its findings and recommendations, which may include The minimum-wage law of Oregon, minimum piece as well as time rates, which gives the Industrial Welfare minimum wages for learners and apCommission of that state power to prentices, and the maximum length of regulate wages, hours, and conditions time that the latter rate may be of work for women and children, made paid. The Commission may disapit unlawful to employ women or prove any of the recommendations, minors in any occupation for unrea- and send them back to the same or sonably long hours, or under sur- a new conference. As soon roundings or conditions detrimental to their health or morals, or to employ women at wages inadequate to supply the necessary cost of living to maintain them in health, or minors at an unreasonably low wage. The term "minor" means any person under the age of 18 years. To enforce this declaration an Industrial Welfare Commission is created, consisting of three unsalaried members, appointed by the Governor for three years. One member must represent the employing class, one the employed class, and the third must be an impartial person, representing the public. The commission shall elect one of its members as as the Commission has approved the recommendation of the conference it must hold a public hearing and announce the same in at least two newspapers at least once a week for four consecutive weeks. After the hearing it may issue an order which will put into effect the proposed recommendations and will become operative after 60 days. Orders must be mailed to employers affected, and by them posted conspicuously in each room where women work. The orders may be different for different branches of an occupation or for different localities, and, where a time-rate wage has been established, a special license author izing a specified lower wage may be given to a woman physically defective. On questions of fact no appeal can be made, but on questions of law an appeal may be made to the state Circuit Court for Multnomah County and to the state Supreme Court. For minors, the Commission itself may determine, after investigation, standards of hours, wages, and conditions of work and may issue orders in the same manner as for women workers. The Commission must investigate whether employers are observing its orders, and must prosecute violations; the sum of $3,500 annually is appropriated for its use. Any woman worker who is paid less than the established minimum wage may recover in a civil action the balance of her legal wages, together with attorney's fees, notwithstanding any agreement to work at less than the established minimum. An employer who discharges or discriminates against an employee who has testified or who he believes is about to testify in any proceedings is guilty of a misdemeanor and subject to a fine of $25 to $100. The penalty for any person who violates an order of the Commission is a fine of $25 to $100, or imprisonment for 10 days to three months, or both (Ch. 62). Procedure in the various states is similar to that in Oregon in all important details, but in California the Industrial Commission has power only to enforce that part of its findings which relates to wages. The commission may not act as a board of arbitration in any strike or lockout (Ch. 324). In Colorado the commission does not have authority over hours and conditions of work, and no provision is made for the creation of subordinate wage-boards, the commission itself establishing the wage standards (Ch. 110). In Massachusetts the act of 1912 establishes no authority over hours or conditions of work. The amendments of 1913 make it discretionary with the commission (instead of compulsory, as previously) to publish the names of those employers who do not accept the minimum wage as fixed by the wage-board; but an employer who has appealed to the courts on the ground that the recommended wage would "render it im possible for him to conduct his business at a reasonable profit" may secure an order prohibiting the commission from publishing his name (Ch. 350, 673). In Minnesota the commission has no authority over hours or conditions of work, but may regulate wages of all females and minors under 21 years of age (Ch. 547). In Nebraska the law follows closely the Massachusetts act of 1912, and grants no authority to enforce rulings except by publishing the names of employers who refuse to comply with its findings; the commission has no authority over hours or conditions of work (Ch. 211). In Utah the act differs from all others in that it establishes in the law itself a classified wage rate for all female employees. All regular employers of females must pay to those under 18 years of age not less than 75 cents a day; to adult learners and apprentices for not more than one year, not less than 90 cents a day; and to experienced adults not less than $1.75 a day. Enforcement lies with the Commissioner of Labor, and a violation is a misdemeanor (Ch. 63). In Washington the commission has authority over wages and conditions of work, but no power is specifically given to regulate hours (Ch. 174). In Wisconsin the minimum-wage law is administered by the Industrial Commission. By separate acts this Commission is also authorized to regulate conditions and hours of labor for women and children (Ch. 712). Commissions to study the subject of the need for a minimum wage were created in Michigan, the New York Factory Investigating Commission was continued and instructed to investigate the need for a minimum wage, while commissions on the work of women and children in Connecticut, Indiana, and Ohio may lead to minimum-wage legislation. Hours and Conditions of Work.A significant new development has occurred in the method of regulating hours of work for women and children. In 1913, in Oregon, California, Wisconsin, and Ohio, the industrial commissions have been given the power to determine, after careful investigation, the number of hours women and children may safely work in one day or one week. Different hours may be determined upon for different occupations, depending upon the degree of danger involved in the work. The Oregon commission, after investigations and hearings, fixed for manufacturing and mercantile establishments in the city of Portland, a workperiod below the statutory limit of 10 hours a day, to take effect in November, 1913. Mon shire have followed the example set by Wisconsin in 1911 and limited the night work of women to eight hours; but New York reenacted her nightwork prohibition law, declared unconstitutional in 1907, and Nebraska and Pennsylvania entirely prohibited work in certain occupations at night between 10 P. M. and 6 A. M. California, following the example of Ohio, proposed a constitutional amendment which will specifically permit the enactment of laws regulating wages and conditions affecting the comfort, health and safety of employees. MISCELLANEOUS LEGISLA TION 44 and 118) created a board with power to visit other states and countries for the purpose of inducing immigration, and California established a permanent commission whose powers embrace the whole field of education, legal and industrial protection of incoming aliens, working in coöperation with existing agencies (Ch. 318). In 20 states general laws limiting hours of work have either been amended or enacted for the first time. Two western states, Arizona and Colorado, have this year joined Washington and California in establishing an eight-hour day for women. tana and Idaho have for the first time established a nine-hour day, and Delaware and Texas a 10-hour day. Dela- In seven states the legislatures ware and Idaho specifically exempt dealt with immigration; commissions canning establishnients. Connecticut to study the problem and to recreduced the length of the working ommend legislation for the benefit of week for women to 55 hours, Minne- immigrants were authorized in Massota, Nebraska, Pennsylvania, and sachusetts (Resolves, Ch. 77) and New Rhode Island to 54, and Minnesota, Jersey (Ch. 92). North Dakota (Ch. Nebraska, and Rhode Island, together with Missouri, Massachusetts, and Ohio, extended their 54-hour week to additional industries. South Dakota rewrote her 10-hour law, unenforceable since it can prosecute only those who "compel" a violation, Tennessee reduced hours to 58 after Jan. 1, 1914, and to 57 after Jan. 1, 1915, while Vermont limited hours to 58 a week, Laws were enacted in several states but permits 11 hours a day. In which are aimed to protect workmen, Wisconsin the law prohibiting certain but which do not properly fall under employments to women is repealed. any of the other heads. California Instead it is forbidden to "employ re- and New York regulated sanitary quire, permit, or suffer any. fe- conditions in labor camps and in commale to work in any place of employ-pany living quarters, and Arkansas ment, or at any employment dangerous or prejudicial to the life, health, safety, or welfare of such . . female." The Industrial Commission is to determine reasonable classifications of employments and enforce the prohibition where necessary. Pending the commission's determination, work in mines and quarries is forbidden (Ch. 466), and day work (between 6 A. M. and 8 P. M., except employment after 8 P. M. not more than one night in the week) is limited to 10 hours a day and 55 a week, and night work (between 8 P. M. and 6 A. M.) to eight hours a night and 48 a week: and one hour for meals is required (Ch. 381). Delaware and New Hamp authorized the engagement of company physicians, to be selected and paid by the employees. Nevada prohibited railroad and transportation companies from requiring their men to purchase uniforms of any particular firm, and Massachusetts made provision for the employment of lamplighters in the city of Boston who may be thrown out of work because of a change in the method of street lighting. Minnesota forbids employers or agents to induce an employee to change from one place to another through written or printed false representations concerning wages, character of work, sanitary conditions, or the existence of a strike or lockout. XVIII. PREVENTION, CORRECTION AND CHARITY ALEXANDER JOHNSON General Survey of Progress. The most noteworthy developments of the year 1913 in the fields of prevention, correction, and charity have been the following. The degree to which study of defectiveness has been focused on the defective-delinquents, especially those in juvenile reformatories and similar institutions. The continued public attention to prison affairs and the development of the honor system of control with the concurrent increased employment of the prisoners in outdoor labor of all kinds, as well as the amelioration of the condition of the convicts within the walls. The gradual withdrawal from its prominent place in the public mind of the old charity ideal and its replace ment by the dominant ideal of social justice. Another general tendency is toward the increase of public, tax-supported agencies of philanthropy and a relative, although not an actual, decrease of private charitable work. Alongside this tendency we see notable gifts in very large amounts for social purposes, but these are devoted to that social service which does not come under the usual designation of charity, although the purposes of the gifts are benevolent. and toward helpful social and preventive work, is as strongly marked in the National Conference as anywhere else. Instead of discussing methods of relief or almsgiving or of the administration of benevolent institutions, the president's address was wholly occupied with social justice, especially as it concerns industrial relations. The most animated discussions were those devoted to immigration. When child helping came up for debate the speakers were chiefly concerned with vocational and industrial training. The work of the Church emphasized was that which regards social progress, better living and decent industrial conditions, rather than charity. The trend of thought was unmistakably economic, the challenge to the industrial order for sweeping readjustments. However keen the interest in other topics, this was one which never failed to elicit enthusiastic response. The new radical labor groups, the Industrial Workers of the World, socialism, and the single-tax were frequently brought into discussion as movements to be reckoned with practically and studiously by social workers. The programme was closed at the last session with an all-round presentation of the subject of the minimum wage. This emphasis on economic probNational and Other Conferences.-lems was further brought out by the The conferences reported quite fully report of the new Committee on the last year have held their usual meet- Relation of Commercial Organizations ings, some references to them appear to Social Welfare, created at the 1912 ing in the subsequent text. The Na- Cleveland meeting. While the comtional Conference of Charities and Cor-mittee presented a most stimulating rection held its fortieth meeting at Seattle. The subjects discussed were more of a social and less of a socalled charitable nature than formerly. The trend in the public mind, away from old-fashioned almsgiving statement of the actual civic and social work of the "new commercialism" and showed the constantly broadening horizon of organized business in public matters, yet the report on the whole was a distinct challenge to business to do away with those industrial conditions which are breeding extremist philosophy and "direct action." For many years past the state conferences of charities and correction have reënforced the National Confer ence and for several years New York City has held an annual city conference. In 1913 county conferences of charities and correction to include health subjects were begun in Minnesota and will doubtless be copied in many states. PREVENTION Prevention of Defectiveness. Last | ually or otherwise dangerous, should year's note under this heading re- be sent to special classes in connection ferred to the remarkable development with the public schools; and state of research work in regard to the schools should be provided for defecdefectives. This has been continued tive children from rural districts during 1913, and attention has been where public school classes cannot be increasingly directed toward the de- organized. Admission to the New Jerfective-delinquent. sey State Home for Feeble-Minded Laws for assexualization or sterili- Girls and Women was recommended zation, either new or strengthened, for dangerously defective girls above are reported from California, Kansas, school age, while adult males who are Michigan, North Dakota and Ore- capable of productive activity should gon (see also IX, Criminal Law). | be placed in custodial colonies. For The New Jersey law has been de-a number of this latter class a farm clared unconstitutional by the Supreme Court. The test was made in the case of a woman inmate of the state Village for Epileptics. The decision concluded that the law is inept for the accomplishment of its intended purpose, because it does not require the sterilization of the vastly The fact that abuses of narcotic greater class who are not protected drugs and alcohol are frequent and from procreation by their confine-important causes of mental defect, as ment in state institutions. In Pennsylvania a so-called eugenic marriage law has been enacted. Laws prohibiting marriage of insane and other defectives have been enacted in Florida and North Dakota; and in Massachusetts the state Board of Health is to investigate and recommend further restrictions on marriage. At the New Jersey State Conference of Charities a committee on provision for the mentally defective made a report, including a definite programme, which may possibly be taken as a model in some other states. The recommendations are based on some extensive research, conducted by the institutions of the state and by workers from the office of the Commissioner of Charities and Correction. The programme recommended that all mental defectives under school age should be cared for in their homes, subject to visitation by social worker, alth authority and visiting nurse; t children of school age, not sex colony has already been begun on 500 acres of uncleared land which has been given by a public-spirited citizen, and a movement for a system of county colonies with state supervision and partial state support has been started. well as of poverty and other social trouble, is being increasingly realized. New laws on the subject have been enacted in a number of states. The sale of cocaine has been prohibited, except for strictly legitimate medical purposes, in Colorado and North Carolina. The sale or giving away of any narcotics has been regulated in Idaho and Maine. Laws limiting the sale of liquor have been passed in the District of Columbia and Hawaii, and the sale, purchase, or possession of cigarettes by minors is prohibited in Idaho. (See also XVI, The Drug Evll; and The Liquor Problem.) The Defective-Delinquent.-Emphasized in governors' messages, reports from prisons and reformatories, from charitable societies, from child-helping agencies and many other organizations, the case for the delinquent who is really a defective and who, therefore, is not responsive to punishment or reformation, looms ever larger in the court of the public conscience. |