The Commoner
September, 1014
11
serve act. The conclusion seems correct, there
fore, that some of the banking facilities de
manded for South American trade may have to
be provided by some institutions outside of the
federal reserve system. Consequently large
state banks and trust companies receiving their
charters from states are institutions from which
assistance may be sought in order that American
business men may get the same facilities as the
Germans and the English receive from their
banks established for the encouragement of for
eign trade.
DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
The federal bureau of labor statistics has for
one of its duties the periodical presentation of
the laws of the various states on the subject of
labor. As a complement to this work it publish
es also an annual summary of judicial decisions
and opinions as to the construction and applica
tion of such laws and of rules of the common
law. The bureau's Bulletin No. 162, just issued,
contains a1 selected list of such decisions by the
federal courts and the higher courts of the va
rious states. Opinions of the attorney general
of the United States on certain federal labor
laws are also summarized.
About 170 court decisions' are considered,
nearly three-fourths relating to statute law, the
Temainder being based on common law. Most
notable are the decisions which relate to the new
remedy of workmen's compensation for indus
trial accidents. The constitutionality of the laws
of New Jersey and Washington on this subject
was questioned in cases coming before the su
preme courts of these states, the laws being up
held in both Instances. Discussions that are es
pecially important because of the new field into
.which they enter are had of various phrases and
general provisions of the laws, as those relating
to the dependence of the claimant on the in
jured workman, injuries arising out of and in
course of employment, the measure of awards,
etc. A case of special Interest in this group is
one which, considers that provision of the law of
iWIsconsin which makes it the duty of the em
ployer to provide medical treatment for the in
jured workman a much discussed feature of
such laws, and of prime importance, but capable
of grave abuse. The court in this case rendered
excellent service in pointing out some ways in
which the possible abuses may be avoided. This
bulletin probably presents the largest number of
strictly American cases on this subject that can
be found as yet in a single volume.
Next in Importance to the above are the de
cisions construing the federal statute relating to
the liability of Interstate railroads for injuries to
their, employees, the chief point Involved being
the scope of this law. Among the employees
held to be within its provisions are a brakeman
getting ice to cool hot boxes on his train, a
truckman loading a detached car with interstate
freight, a pumpman at a water station, a repair
ntan working on an engine tender on a siding, a
member of a switching crew placing an oil car
to furnish oil for fuel for an interstate locomo
tive, a yard clerk taking the numbers of the cars
in an interstate train, and a track repairer in
jured by an interstate train while at work on a
bridge.
Of the cases of interest from the standpoint of
organized labor, the most noted is the affirma
tion of the judgment of contempt against the
leaders of the American federation of labor by
the court of appeals of the District of Columbia,
growing out of the injunction against these offi
cials on account of the boycott of the Buck Stove
and Range company of St. Louis. The supreme
court of the United States in May, 1914, reversed
this judgment because of the lapse of time since
the acts complained of were committed, without
however expressing any opinion as to the merits
of the case. Of almost equal note is the case of
the Hitchman Coal Co. of West Virginia against
John Mitchell, in which Judge Dayton, after an
extended review of the history of the case, de
clared that Mitchell and his associates had at
temped to establish a monopoly of labor in the
coal fields of the state, and made perpetual in
junction against them. Other cases discuss the
force of agreements with labor unions as to con
ditions of employment, the duty of union offi
cials to control the acts of members, the liability
of a treasurer for the embezzlement of union
funds, etc.
The constitutionality of a number of laws was
challenged, laws of Georgia and Mississippi at
tempting to provide a form of enforcement of
the contract of employment under certain con
ditions being declared void, as was tho law of
Illinois forbidding tho use of emery wheels, etc.,
for polishing processes in basements, without
reference to tho actual conditions as to ventila
tion, and one of Louisiana limiting tho hours of
labor of certain classes of stationary engineers.
All these laws were held to attempt unjustifiable
discriminations.
Tho state of Mississippi still stands alone with
a law regulating the hours of factory workers
without regard to sex. This law which was Inst
year declared constitutional was again upheld,
as was the ten-hour law of Illinois for women,
the city of Chicago being mulcted for Its viola
tion. Tho only subject considered in tho attorney
general's opinions noted Is that of the recent
eight-houri legislation by congress. This is re
garded as not applying to the manufacture of
supplies purchasable in open market, even
though such supplies must conform to particular
specifications, nor to tho construction of post
roads under the supervision of the secretary of
agriculture, provided for by tho post office ap
propriation act of 1912.
ADMINISTRATION OP LABOR LAWS
Recognition of the fact that tho administra
tion and enforcement of labor laws involve much
more than a mere system of detecting violations
of law is becoming more and more apparent in
efforts for the protection of the working classes.
The establishment of definite rules and stand
ards for tho safety and health of workers, high
er specialization of the functions of inspectors,
and tho creation in a number of states of indus
trial commissions with large powers are indi
cations of the progress made. In view of the
attention the subject is receiving in our own
country the experience of foreign countries in
the administration of labor laws and factory in
spection Is of peculiar Interest, and a report on
this subject, Covering Great Britain, Germany,
France, Austria, Switzerland, and Belgium,
which has just been published as Bulletin No.
142 of the United States Bureau of Labor Sta
tistics of the Department of Labor is both timely
and instructive.
In the countries named labor laws date back
to the beginning of the 19th century, but the
first measures for their enforcement wero not
passed until 1833 when factory Inspection was
established in England, while similar action was
not taken elsewhere until 1874 when Franco
created a labor inspection department, followed
by Switzerland in 1877, Germany in 1878, Aus
tria in 1883, and Belgium in 1888.
While experience has shown that labor laws
without provisions for enforcement are practic
ally futile as protective measures, emphasis must
also be placed upon the importance of efficiency
in the administrative machinery, its scope and
functions, its methods of work, the character of
its personnel, and the provision of definite stand
ards as to safety and sanitation. In only one of
these phases of administrative work was marked
superiority found In the countries visited as com
pared with, the United States. This was in the
training and character of the inspectorial force.
In Europe the position of factory inspector can
be secured only after long technical training and
severe tests. The occupation is classed as a pro
fession ranking with law, medicine, and en
gineering. Tenure of office Is secured and pen
sions given for long service and old age. Men
who seek these positions are of exceptional char
acter and attainments and their work is corres
pondingly efficient.
In France and Belgium the whole work of
labor-law enforcement Is centered in the labor
Inspection departments, but in England the local
authorities have jurisdiction over the enforce
ment of all sanitary provisions in workshops. In
Germany the factory laws are administered by
the industrial inspectors, inspectors of insurance
associations, and police authorities, and in Aus
tria by the industrial inspectors and the local
industrial authorities. In Switzerland there is
division of jurisdiction between tho federal fac
tory inspectors and the cantonal inspectors,
while the enforcement of the laws is entirely in
the hands of the local police and the cantonal
authorities.
Medical factory inspection is still an unde
veloped field, England and Belgium being the
only countries having separate medical divisions,
and even there the number of physicians is small.
Women inspectors number 20 in England,
where they occupy the unique position of being
practically independent in their work and func
tions. France has 18 women inspectors, Austria
5, Belgium i, Prussia and Switzerland none, and
the German states but few. Outside of England
tho work of women inspectors Is limited to small
shops whero women and children are employed.
There Is groat demand among the laboring
clnsses for working men Inspectors. This has
mot with considerable opposition from some of
the governments as well as from regular Inspect
ors. England has GC working men Inspectors,
but their functions aro limited, thoir salaries
low, and their status entirely different from
that of regular Inspectors. Prussia, Franco and
Switzerland havo no such Inspectors as yot, and
there aro only a few in Austria, Belgium, and
some of tho Gorman states.
Two extremes of organization are found, tho
highly centralized and tho decentralized. Eng
land furnishes an example of tho former, with
a chief inspector, division inspectors, district in
spectors, and tho lower grades of inspectors. In
England is also found much specialization of
functions among medical inspectors, dangorous
trades Inspectors, eloctrlcal Inspectors, etc. In
tho inspection departments of Prussia and Switz
erland which are examples of the decentralized
typo, there aro no chief Inspectors, each district
Inspector having tho whole field of industrial
inspection under his jurisdiction. Austria has
a central industrial Inspector but his supervision
does not extend as far as that of th6 chief in
spector in England. In Franc3 there Is practic
ally no head to tho inspection department, tho
division inspectors being charged with much of
tho Inspectorial work.
Little progress in scientific standardization of
safety and sanitation has been made in Europe
and labor laws In many instances fall to give
exact standards for tho guidance of inspectors
and for the use of manufacturers and employees.
Inspection to detect violations of law is still the
method used by most Inspectors and most Euro
pean Inspection departments are far behind the
more progressive departments in tho United
States In the matter of keeping records of in
spections, violations, etc.
Previous to the declarations of war that shut
off all foreign importations there had been an
Increase in Imports of finished products of less
than 9 per cent. These aro the official figures.
They show how foolish was tho claim that the
democratic tariff would drive American manu
facturers out of business. The ono result so far
has been to cut out some of tho surplus profits
made by certain favored classes of manufactur
ers, and to force lower prices that would in th
course of time, had not war intervened, reached
tho consumer. ' .
MRS. WOODROW WILSON
(Stanzas in Memorfam, by Percy MacKayo, in
New York Evening Post)
Her gentle spirit passed with Peace,
With Peace out of a' world at war,
Racked by the old earth-agonies
Of kaiser, king, and czar.
Where Bear and Lion crouch in lair
To rend the iron Eaglo's flesh,
And viewless engines of tho air
Spin' wide their lightning mesh.
And darkly kaiser, czar, and king.
With awful thunders stalk their prey
Yet Peace, that moves with silent wing,
Is mightier than they.
And she our lady who has passed
And Peace were sisters: They are gone
Together through time's holocaust
To blaze a bloodless dawn.
How otherwise the royal dlo
Whose power Is throned on rolling drums!
Her monument of royalty
Is builded in the slums:
Her latest prayer, transformed to law.
Shall more than monarch's vow endure,
Assuaging there, with loving awe,
Tho anguish of the poor.
And him who, resolute, alone,
Suffers the surge of war and pain,
To him his country gives her own
Heart's peace to live again;.
While we, whose loyalty wonld scorn
Kalserand czar and king's demesne,
Aro hushed in 'solemn calm, to mourn
The proud republic's, queen,"
Cornish, N. H., August 7.. " .
'51
-n
a
.ji
i
i
i