CHAPTER II

THE CHILD, THE STATE, AND THE NATION

It has been shown that children are working in their homes, in the

streets, in commerce, and in manufacture; and it appears that there are

divers economic and social causes for their work.

Chief among these causes of child labor is the greed of parents, due

largely but not exclusively to poverty. Two cases out of the writer’s

acquaintance may illustrate the false ideals which underlie much

parental exploitation of young children.

An Italian immigrant arrived in this country possessed of nothing

beyond his wife, little son and daughter, and railroad fare to Chicago.

In that city he rented one dark room in a tenement-house and proceeded

to pick rags in the streets. His wife sorted the rags in the court of

the tenement-house with the help of the daughter; and the boy became

a boot-black as soon as he was strong enough to make leather shine.

The children never attended school, the compulsory attendance law

being, at that time, wholly illusory. The father prospered, placed

money in the savings-bank, and in an incredibly short time began to

buy, under a third mortgage, the house in which he lived. The court

of the tenement-house becoming too small for his work, he rented a

vacant lot on which he stored rags, old iron and junk of all sorts.

He never ceased to pick rags, and transferred the labors of his wife

and daughter from their court to the new place of business which he

surrounded with a high fence. He completed the payments for all the

mortgages upon the tenement-house, continuing to the time of his death

to live, with all his family, in the dark room which he had occupied

on his arrival. He paid for the corner-lot upon which he conducted his

business and made other investments. It was his ideal to leave his

children a large fortune. But one day he trod upon a rusty nail, and

with characteristic niggardliness, bound up his bleeding foot with

one of his own rags. Lockjaw followed and he died, leaving to his now

grown up, illiterate son and daughter one hundred and forty thousand

dollars. The son, by drinking and gambling, dissipated the fortune in a

few months, and the daughter disappeared into the sad obscurity of the

Levee.

In the case of the second family, a young Bohemian, able-bodied and

eager to work, brought his bride to this country, both filled with the

hope of earning and owning a home. When the eldest child was eleven

years old, the father was killed on the railroad, where he was at work

as a section-hand, and the home, half-paid for, was lost by the widow.

But she never wavered from the early ideal, and sent her eldest boy

at once to work in a cutlery, where he riveted the wooden handles of

knives, performing an entirely mechanical task adapted to his feeble

intellect. This child was hunchbacked, feeble-minded and consumptive.

When the mother was remonstrated with for exposing him to the fatigue

and danger attending his work among wood-dust and steel-filings, her

reply was: “Him no good. Him work, send Valeria and Bocumil school, buy

house, them some good.” For years, the factory inspectors of the state,

and the local school officer, after the enactment of the compulsory

attendance law, endeavored to free the unfortunate boy from his deadly

occupation. The mother made whatever affidavits might be necessary from

time to time, to enable him to continue, and relentlessly sent his

brother and sister to work at the earliest moment possible. When last

seen, she was rising at three o’clock in the morning to dig onions for

a pickle factory in the outskirts of the city; the daughter Valeria,

ten years old, was working from dawn to dark throughout the summer,

sorting onions; the cripple was dying of overwork and neglect; and

the other boy, Bocumil, originally healthy, had become deformed from

beginning too early to carry boards on his back in a furniture factory.

The widow, however, regarded herself and was regarded by her approving

pastor as a model of thrift because she had bought and partially paid

for a tiny frame cottage, on the prairie, far from any school, in the

immediate neighborhood of the pickle-factory. She will never know that

she has lost for her children all the best things that America offers

to the immigrant child, in the life of the public schools. Fortunately,

the recently enacted stringent laws will make it impossible for other

children coming to Chicago to be deprived, by the false ideals of

their parents, of those precious possessions of child life in America,

leisure and school.

A second cause of child-labor is the greed of employers for cheap

labor, enhanced by every improvement in machinery of the kind that

makes the work of children available; and enhanced, also, by the

very cheapness of the children to such an extent as to delay the

introduction of new machinery if its installation is costly. This greed

is exhibited in its most odious form in the glass industry, the textile

industry, and the sweating-system. It knows no restraints except those

of effective legislation enforced by enlightened public opinion, as

is shown by the action of those Northern cotton mill men who obey the

laws of Massachusetts and New York in their mills in those states, but

in Georgia fall to the level of their local competitors, employing

children ten years old and less, throughout eleven hours a day.

A third cause of child labor is the greed of the community in desiring

to keep down the cost of maintenance of its dependent class. This greed

disguises itself under the form of solicitude for the moral welfare of

the children. Just as the managers of the worst so-called reformatories

insist that children must work under the contract system, “because they

must be kept busy to keep them from being bad,” so this solicitude

for childish morals insists that “children must not be habituated to

dependence,” quite forgetting that dependence is the quality bestowed

upon childhood as its distinguishing characteristic.

Any candid person, on being asked, “What virtues may be reasonably

expected of children?” must reply that we do not yet know. Our studies

of the psychology of childhood are still so imperfect and inconclusive

that it is not safe to dogmatize in this field. But by a process of

elimination it is possible to arrive at certain conclusions which seem

worth at least careful consideration.

Thus, observation of so-called self-made men suggests a serious danger

that a child precociously self-respecting in the matter of earning

his living may pay a high price, later in life, for his precocity.

It is proverbial that the employer who began life as a working boy

and through continuous exertions rose to power and responsibility,

is apt to be a ruthless employer. The unnatural strain of his own

early experience seems to entail this penalty upon his character

and consequently upon his unhappy employees. Self-respect due to

self-maintenance seems to be a virtue suitable to the later years of

adolescence and to adult life,--never to childhood. Moral precocity

seems to be quite generally followed by exhaustion or by reaction

taking the form of greed, rapacity and calculating self-seeking.

Just as excessive fatigue, or habitual loss of sleep in childhood is

punished in later life by the craving for stimulants, and by nervous

insufficiency manifesting itself in the most diverse ways,--so the

burden of industrial employment borne in early, tender years, disables

the boy or girl for enlightened, self-supporting citizenship in later

life.

To impute a virtue not normal to childhood and then insist that the

children shall live up to adult standards applied to that virtue, is

perverted, and injurious alike to the community which follows this

course and to the children who suffer under it. If the burden of

self-maintenance or the attempted maintenance of others is placed upon

young children,--if child labor is tolerated,--the ethical standards of

the community are bad. For a task which is normal and right for adults

cannot be performed by children without sacrificing in the process

their future usefulness to the Republic.

The insistent plea that children must work in order that they may

acquire habits of thrift and attain prosperity for themselves and

their families is uttered with greatest persistence by the employers

who profit by the labor of the children. It is the glass manufacturers

who voice this tender solicitude for the moral well-being of the

wage-earning children in New Jersey and Pennsylvania, when there is a

growing movement in those states for prohibiting night work, as it has

been prohibited in Illinois. In the South, it is the cotton-mill owners

and their legal advisers who insist that little children from the

mountain farms must toil eleven hours a day in the mills of Georgia,

working throughout the night whenever it may be useful to their

employers to have them do so.

These pleas are heard with willing ears by communities which begrudge

money for the maintenance of schools and the assistance of dependent

widows and orphans; and not without good reason. No sooner had the

new law of New Jersey required children to attend school to the

fourteenth birthday, and prohibited boys under that age from working

in manufacture, than it became necessary to build a new schoolhouse

in a suburb of Millville, to accommodate the boys turned out of the

glassworks. In Alton the enforcement of the child labor law of 1893 led

to the immediate construction of a new schoolhouse for the children

freed from the glassworks, and to the reopening of a building which

had long been out of use. Wherever children are freed from work, the

community must provide for them schools, teachers, attendance agents,

factory inspectors and all those officials and provisions which are

essential to the care and defense of childhood under the pressure of

the competitive system.

Besides being essentially immoral, the effort to burden young children

with the task of self-maintenance is doomed to failure, for under

existing conditions a child does not, and cannot achieve complete

self-maintenance. The three great series of industries in which

children are largely employed,--the textiles, glass-making and the

needle-trades,--are parasite trades. They are all protected by tariffs

for the advantage of the employers;--and by more or less stringent

trade regulations for the advantage of the adult male employees. In

the case of the needle-trades, there are lavish subsidies from the

public treasury of New York City, the great center of the needle-trades

for the western hemisphere. By the help of these subsidies, sewing

is done by the inmates of institutions erroneously called private,

while maintained by the taxes of the community, at rates with which

no private manufacturer can long compete. But more insidious than

all these contributions to the parasite industries is the steady

contribution of underpaid work from children who carry home wages too

small to support them.

Parents become willing to exert themselves less when the eldest boy

and girl begin to contribute something towards the family maintenance,

and are not strenuous in the demand that the child’s wage shall afford

self-support. “Every little helps,” is the hand-to-mouth consideration

with which the hard-worked immigrant withdraws his son or daughter from

school on the first day that the law allows.

The unthinking community tends to approve every exertion in the

direction of money earning on the part of those who are most nearly at

the line of submergence, asking no questions as to the ultimate effect

upon the future citizen.

The oncoming generation neither knows nor cares what burden of

incapacitated members the present generation is preparing for it. But

the burden will have to be borne, just in proportion as the children

of to-day are deprived of the right to childhood. And nothing is

more surely handed down than the callous indifference of the mass of

the people to the _causes_ of that destitution which is an intrinsic

part of the life of every manufacturing community;--as, for instance,

the death or disability of the breadwinner, or the widespread and

ever-increasing custom of desertion by the fathers of burdensome young

children.

Thus the essentially immoral effort to place upon the children the

burden of self-maintenance not only fails at the moment,--it reacts

injuriously upon the community, preparing for the next generation an

undue share of incapacitated members, bequeathing to the future a large

proportion of unfit and incapable citizens, and finally generating,

among the people at large, indifference to the causes of death or

disability of the breadwinner.

On the other hand, with the growing recognition of the right of the

child to maintenance and education throughout a prolonged period, goes

a lively interest in the health and welfare and probity of the normal

breadwinner, who is theoretically responsible for its support.

In other words, while the demand for child labor is an economic one,

the causes of its persistence are moral and social and are rooted

in the false ideals of parents, employers, taxpayers, and all those

indifferent people who care nothing what citizens are being trained for

the future life of the Republic.

=Consequences of Recognition of the Child’s Right to Exemption from

Work.=--Wherever the community recognizes the right of the children

to freedom from labor, the question of maintenance comes to the front

and the widows and dependent orphans loom large in the imagination of

the kindly. On the other hand, where the effort is made to place the

burden of maintenance upon young children, the loss of the breadwinner

appears of less vital importance to the community. Tuberculosis,

carrying off heads of families, burdens the manufacturing communities

of the United States annually with thousands of widows and orphans.

Preventable deaths of breadwinners in the railway service burden in the

same way the communities in which their families live. If now, these

communities face the task of cherishing the children and educating

them throughout childhood to full fitness for citizenship, the problem

of orphanage relates itself, in a new and vital way, to the question

of the prevention of needless deaths of men in the prime of life.

Orphanage becomes recognized, not as an accident or an inevitable

misfortune for the individual family, to be borne with what fortitude

can be summoned; but as a social and industrial phenomenon, a burden

to be minimized by preventive and precautionary measures. It is not

accidental that Massachusetts, the state which has longest guarded the

right to childhood, is also the state in which the safety of life and

limb of the adult worker is best safeguarded by statutory provision.

The enforcement by the Interstate Commerce Commission of statutes

providing for life-saving devices to be used upon railways, has

undoubtedly diminished the preventable deaths of breadwinners, reduced

the number of orphans, limited the temptation to exploit young

children, and thus reacted in an important way to the ethical gain of

the nation, quite aside from its direct value to the railway employees.

When young children are made ineligible as breadwinners, the

responsibility is placed where it belongs, upon their parents or upon

the community. And there is nothing more moralizing going on at

present in the United States than this shifting of responsibility from

the weaker to the stronger.

Hand in hand with restriction upon the work of little children goes

increased care to prevent the importation into the state of dependent

and delinquent boys and girls. Thus, for instance, Illinois and

Michigan have now rigid statutes prohibiting bringing into those

states any child whose future maintenance is not provided for either

by the presence of an accompanying parent or guardian, or by a bond

furnished by an incorporated society for the care and guardianship

of the child. Recent revelations of the importation of boys from one

state into another, for the use of glass manufacturers, show an urgent

need for similar care on the part of all states in which this industry

flourishes. Just as the textile mills, in the days of Sir Robert Peel’s

act, sought apprentices among the little children in the workhouses

of England, so the glass manufacturers, to-day, seek orphans and

other detached boys from poorhouses and voluntary charitable bodies;

and the traffic in such boys goes forward where it is not checked by

legislation and by the coöperation of labor organizations and child

labor committees working together.

When the orphans are scrutinized and provided for, it becomes clear

that the problem of child labor is really not the problem of the

orphan. It is the problem of cheap hands for the employer of cheap

labor;--the problem of permitting to selfish parents the luxury of

absorbing the premature earnings of young children. But it is the

pride of the enlightened employer that he supplants human labor with

mechanical devices as rapidly as ingenuity enables him to do this;

and every restriction upon the supply of children in the labor market

stimulates this process.

It is clearly the duty of the parent to support his children; that is

his obligation to the Republic. He must insist upon wages sufficient

to enable him to do this; and the withdrawal of thousands of young

children from competition with adults contributes to his ability to

make his own terms for wages wherewith to support his own. An aged

Welsh miner, of the writer’s acquaintance, who had emigrated to

Illinois, once related upon the floor of the state legislature, of

which he was a member, his own experience in this respect. In Wales,

he and his wife and two little sons had all worked underground, making

the barest living. It was proposed to prohibit the work of women and

children underground and he was filled with consternation lest they

all starve. But the law was passed, the wife and children, instead of

mining coal, lived above ground, the children attending school and the

wife cultivating a garden; and within twelve months the father of the

family was earning more than all four persons had previously earned by

their combined labor. So convinced was the speaker that his experience

was typical of the depressing effect of the work of women and children

in unsuitable occupations, that he convinced his colleagues, who passed

unanimously the pending child labor bill.

The practical value, to the state and to the children, of effective

child labor legislation is well illustrated by a comparison of the

employment of children in New York, Pennsylvania and Massachusetts.

When rated according to their population and the value of their

manufactured products, the two leading states are New York and

Pennsylvania, the former excelling in both respects according to the

census of 1900. In the number of children under the age of sixteen

years engaged in manufacture, these states excel all the others, as

appears from the following table of states having more than five

thousand such children.

CHILDREN UNDER 16 YEARS OF AGE ENGAGED IN MANUFACTURE[3]

Pennsylvania 33,135

New York 13,189

Massachusetts 12,556

Illinois 10,419

North Carolina 10,377

South Carolina 8,560

New Jersey 8,042

Georgia 6,373

Maryland 5,884

Wisconsin 5,679

Rhode Island 5,036

In this table, however, it is Pennsylvania which comes first and New

York which takes second place, there being 33,135 children under

the age of sixteen years engaged in manufacture in Pennsylvania,

compared with 13,189 children under that age in the state of New York,

a difference of 19,946. This does not include children engaged in

commerce and mining;--does not take into account mine boys or breaker

boys, office boys, newsboys, bootblacks, peddlers, delivery boys, cash

children, or children who work out of school hours while regularly

attending school. It is strictly a statement of the children employed

in manufacture in both states.

The astonishing excess of children employed in Pennsylvania is

emphasized by the circumstance that New York has not only a larger

population but a larger total value of manufactured goods than

Pennsylvania. How then is the fact to be explained that Pennsylvania

employs in manufacture two and one-half times as many children as New

York?

One explanation may be found in certain differences in the child labor

laws in force in the two states for several years preceding 1900. Thus

in Pennsylvania children entered upon factory work a year earlier

than they had been permitted to do in New York since 1889, the age

for beginning work having been, until May, 1905, thirteen years in

Pennsylvania and fourteen years in New York.

In Pennsylvania, a child was not, before 1900, required to be able to

read and write before beginning to work in a factory. In New York,

since 1893, a child under sixteen years of age must be able to read

fluently and write legibly simple sentences in the English language

before it can legally enter a factory.

In New York a minor under the age of sixteen years cannot legally be

employed in a factory after nine o’clock at night; in Pennsylvania,

boys and girls alike could, until May, 1905, at the age of thirteen

years be employed ten hours six nights in the week. Even yet, boys of

fourteen years may be employed all night in the glass industry and in

certain other branches.

There was greater difficulty in New York in obtaining the certificates

required to be filed with the employer before a child may legally begin

to work. In Pennsylvania, the parent was required merely to make oath

as to the age of the child before any notary, and, until May, 1905,

the affidavit thus made protected the employer against prosecution for

violation of the child labor law, while the parent was nominally liable

to the charge of perjury if the age of the child was falsely stated.

In New York, since 1896, the affidavit of the parent is only one of

three assurances of the child’s age and qualifications which must

be included in the certificate deposited with the manufacturer. The

parental oath must be supplemented by the written statement of the

teacher that the child has regularly attended a school in which

instruction is given in reading, writing, arithmetic, geography and

English grammar; and this must be farther strengthened by the statement

of the officer of the board of health, who alone can issue the

certificate, that he is satisfied that the child is fourteen years of

age.

This provision, in force from 1896 to 1903, has now been supplanted

by a more drastic one. In the years 1896-1900, however, the threefold

requirement probably contributed to keep down the number of working

children in New York compared with the lax issuance of affidavits

by notaries in Pennsylvania, with no other check than the fear of a

remotely possible prosecution of the parent on the charge of perjury.

Briefly stated, the differences appear to be these. In Pennsylvania, a

child of thirteen years could, until May, 1905, work in a mill at night

without breaking the law. In New York, a child may not begin to work

under the age of fourteen years; an illiterate child may not work under

the age of sixteen years; and a minor under eighteen years may not work

after nine o’clock at night in manufacture. Moreover, the factory law

is better reënforced by the compulsory education law in New York than

in Pennsylvania.

In New York for several years preceding the census year, 1900, children

between the ages of twelve and fourteen years were required to attend

school 80 days in the year. The Board of Health of New York City

refused to issue certificates to such as had failed to complete the 80

days’ attendance in the year preceding the fourteenth birthday, sending

such children back to school to finish the uncompleted term.

In Pennsylvania, children were, in the same years before 1900, merely

required to attend school 70 per cent. of the school term in the

district in which they resided.

The results of these differences in the child labor law and the

compulsory education law are reflected in two other tables of the

Census of 1900 (printed elsewhere in this chapter) according to which

New York had 4,740 illiterate children between the ages of ten and

fourteen years, compared with 6,326 such children in Pennsylvania;

and New York ranks fourteen in the scale of fifty-two states and

territories when measured by the percentage of children between these

ages who are able to read and write, while Pennsylvania is number

twenty in the same scale.

The statistics of these two leading manufacturing states are discussed

thus in detail because they indicate both the need of farther

legislative protection for the children, and the gain which has

already been made in New York by the long enforcement of the imperfect

provisions of the earlier laws. For ten years, beginning in 1893, New

York is believed to have been the only state which required children

under the age of sixteen years to be able to read fluently and write

legibly simple sentences in the English language before permitting them

to begin to work for wages. The practical working of this provision was

illustrated when the first suit under it was brought against a clothing

contractor in New York City who had violated the law by employing a

Russian girl fifteen years of age who could neither read nor write in

any language. Six weeks elapsed after the arrest of the employer and

the dismissal of the child from work, before the case came up for trial

before the magistrate. The judge dictated to the girl: “This house is

built of bricks,” by way of a simple sentence to be written legibly.

The child promptly wrote: “This hous is bilt of briks,” and the case

was dismissed. The inspector, angry at losing his case, and puzzled at

the child’s speedy acquisition of the English language in words of one

syllable, made some investigation of the circumstances and learned

that, on the day following the girl’s dismissal from employment, she

had entered the public school, attending both the day and evening

sessions. She had also attended two different Sunday schools, one in

the morning and one in the afternoon, and had taken books from the

library. Thus, in the space of six weeks, by specializing strictly

upon learning English, she had saved her employer a heavy fine, and

had prepared herself to resume her work in his shop according to the

requirement of the law.

Recently the new statutes which require more educational preparation

for work, prescribing that every boy must attend day school until the

work of the fifth year of the public school is finished and night

school to the sixteenth birthday or the completion of the work of the

eighth year, have brought to light several instances of the padrone

system within the families of immigrants.

A man and his wife imported a sister aged fifteen years from Italy

for the purpose of securing for the wholly illiterate girl immediate

work in a silk-mill. When it became clear that the child would not be

ready to comply with the new educational requirements within a year the

intention of the relatives was betrayed by their cruel treatment of the

dependent girl.

There could scarcely be more undesirable immigrants than half-grown,

illiterate children brought into the congested manufacturing centers

by their sordid relatives for the express purpose of crowding into

factories and sweat-shops. It is a most valuable function of child

labor legislation to discourage the immigration of families coming

to this country for the purpose of exploiting their children in the

textile mills, the street trades and other undesirable occupations.

However welcome immigration may be to the employers and the

transportation companies, it is a valuable addition to the national

life only so far as the immigrant children can be made into trustworthy

American citizens. To check that form of the padrone system which

consists in bringing young sisters-in-law and brothers-in-law to this

country for the purpose of sending them into silk-mills, or hiring them

out to master boot-blacks under the pretense that they are dependent

orphans, is one of the beneficent functions of compulsory education

laws and child labor laws,--though of course a merely incidental

feature of such legislation. The correspondence between the Italian

and Russian colonies in America, and the relatives remaining in the

old country, is so continuous, that the new educational requirements

of the State of New York will be well known on the other side of the

ocean within a year and may well be regarded as one of the wisest

forms of restriction upon undesirable immigration. The state of New

York welcomes immigration on the largest scale that the world has ever

beheld. But it humanely insists that the immigrant must meet the terms

prescribed by the state, which include maintaining his children until

they can read and write English, even though that keep them at school

and away from work until the sixteenth birthday.

The same general result was observed in Chicago, in the fall of 1903,

after the enactment of a similar provision in Illinois. A professional

beggar was seen taking his children to school. A friendly visitor who

had labored in vain for seven years to induce him to let them go to

school, was greatly interested in the change and, on inquiring about

it, was told by the beggar that the children would soon be old enough

to go to work, but would not be granted the necessary papers unless

they had proper certificates of school attendance. The statute thus

reënforces the parental sense of duty when that is under the heaviest

pressure of temptation to exploit young children, in a strange land, in

dire poverty, in the helplessness of illiterate adults out of work and

in need of reënforcement of all kinds.

A comparison of the status of child labor in Massachusetts and in

Pennsylvania confirms the opinion that legislation has long been

gradually benefiting both the children and the community just in

proportion as it has been effectively stringent. It is not accidental

that Massachusetts had in 1900 12,556 children in her mills compared

with 33,135 in Pennsylvania. The textile industry in both states calls

for children. In Massachusetts, the public conscience has registered

gradually throughout a series of years, and the restraints imposed by

frequently amended legislation have kept the number of working children

from growing rapidly. In Pennsylvania there were, until May, 1905, only

the most meager changes in the factory law since its enactment in 1889.

In Massachusetts, a child cannot legally work in a mill under the age

of fourteen years. In Pennsylvania, it could, until May, 1905, legally

enter a mill on the thirteenth birthday, and defects in the wording

of the law facilitated perjury to such an extent that children were

found in textile mills and tobacco factories at the age of ten years.

In Massachusetts, a woman or minor under eighteen years of age cannot

legally work in a mill after ten o’clock at night; but in Pennsylvania

whosoever could work at all, could work all night, little girls only

thirteen years of age included. In this respect Pennsylvania compared

unfavorably, as has been pointed out, with Alabama, whose new law

restricts to eight hours at night the work of children between the

ages of thirteen and sixteen years. It is not generally known that

there was a serious danger to little girls arising from the custom,

which prevailed in some Pennsylvania mills where night-work was done,

of turning the children out into the dark, at midnight during the

warm weather, just as employees are expected to go forth at noon when

working on the day shift. The associations of such little girls, at

such hours, in such surroundings, are a fit subject, not only for

painful contemplation, but for the most vigorous action of all persons

interested in the prevention of one of the direst forms of cruelty to

children.

Undeterred by the competition of textile mills in less progressive

states, as, for instance, Pennsylvania and Rhode Island, Massachusetts

excelled all rivals in her statutory care for children employed

in manufacture, from 1874 to 1903. In the latter year New York

and Illinois enacted laws which went beyond the provisions of

Massachusetts, both in the educational requirements exacted of children

before going to work, and in the hours of their labor.

In 1904, Governor Bates appointed a Committee on the Relations of

Employer and Employee, consisting of Carroll D. Wright, United States

Commissioner of Labor, Davis R. Dewey, of the Massachusetts Institute

of Technology, Henry Sterling, Royal Robbins and William N. Osgood.

These gentlemen embodied in their report, dated January 13, 1904, a

series of recommendations with regard to the employment of children

which, if enacted into law, would still leave Massachusetts fourth

in rank among the states when ranged according to the length of the

working day permitted to children under the age of sixteen years.

They say: “From such inquiries as we have been able to make we do

not believe that the manufacturing interests of the state would be

seriously affected by the extended prohibition of night labor after 7

P. M. to all children under sixteen years of age.... The arguments in

favor of shutting children out from night-work are so obvious that they

do not need extended discussion, nor does it appear that one kind of

employment should be favored as against another. The physical and moral

advantages to be gained by exclusion from night-work are common to all

children. We therefore recommend that no children under sixteen years

be permitted to engage in any gainful occupation between 7 o’clock in

the evening and 6 o’clock in the morning.”

The extended restriction of the hours of young mercantile employees to

58 in one week during the month of December became law in 1904, but

children may still be employed in stores and mills to ten o’clock at

night provided they do not work more than 58 hours in the week.

The significant point is that the Committee[4] does not recommend that

the hours of labor of children be at once reduced to eight in one day

as in Illinois, or to nine in one day as in New York and Delaware,

or to fifty-five in one week as in New Jersey. On the contrary, the

Committee said: “Inasmuch as the labor of children in some industries

interlocks with the labor of adults who now work ten hours per day, we

fear that such restriction would practically result in the discharge of

children from employment. Such an outcome would be unfortunate, unless

children were forced to attend school by a change in the compulsory

school law already referred to. We therefore do not favor consideration

of legislation further limiting the number of hours of labor until that

question is reported upon by the State Board of Education.”

It is never to be forgotten that, hitherto, Massachusetts has

fearlessly gone forward in her course of educating and protecting her

children regardless of the action of other states and their competing

interests. Neither, however, is it to be forgotten that there are now

more spindles in the cotton industry south of Mason and Dixon’s line

than north of that line; and that the pressure of Southern competition

renders it increasingly difficult to maintain the position already

achieved by Massachusetts. The enforcement of existing requirements

becomes more burdensome as the reductions in wages of adults incite

parents to perjured affidavits stating that children are older than

they really are, in order to add the child’s wage to the decreasing

family income, and the force of the statute is thus undermined.

=Inter-State Aspect of the Right to Childhood.=--Hitherto the right

to childhood has been considered in the light of the experience of

children in certain occupations, and in the light of the legislative

provisions of certain states for protecting children from too early

toil. The broader question, what the people of this nation as a whole

are doing to assure to the Republic, a generation hence, an intelligent

citizenship, has scarcely been formulated. The question is, however,

compendiously answered by two tables of the United States Census

of 1900, which have not yet received that general and widespread

discussion which their significance renders imperative.

The first table shows the percentage of children between the ages of

ten and fourteen years who were able to read and write, in 1890 and

in 1900. Except Nevada, whose Indian children were first included in

1900, all the states have been reducing the percentage of illiteracy.

The figures upon which the percentages are based are given in a second

table, wherein the states are twice arranged, once alphabetically and

again in the order of the ability of the children to read and write,

those states being grouped at the top which have the least number of

illiterate children and those states grouped at the bottom which have

the largest number of illiterate children.

PER CENT. ABLE TO READ AND WRITE AMONG PERSONS 10 TO 14 YEARS OF AGE

_1900_ _1890_

1. Nebraska 99.66 Iowa 99.23

2. Iowa 99.63 Massachusetts 99.17

3. Oregon 99.58 Ohio 98.92

4. Ohio 99.51 Kansas 98.86

5. Kansas 99.48 Connecticut 98.79

6. Indiana 99.45 Illinois 98.75

7. Connecticut 99.43 Nebraska 98.75

8. Utah 99.34 New York 98.62

9. Massachusetts 99.33 Wisconsin 98.35

10. Michigan 99.30 Minnesota 98.21

11. Washington 99.30 Oregon 98.20

12. Minnesota 99.29 Michigan 98.17

13. Wisconsin 99.27 Indiana 98.00

14. New York 99.26 California 97.93

15. Illinois 99.18 New Jersey 97.86

16. Wyoming 99.08 Pennsylvania 97.82

17. Vermont 99.05 Washington 97.75

18. South Dakota 99.00 Maine 97.57

19. California 98.99 Vermont 97.57

20. Pennsylvania 98.99 South Dakota 97.55

21. New Jersey 98.81 Colorado 97.21

22. Idaho 98.77 New Hampshire 96.63

23. Colorado 98.48 Montana 96.47

24. New Hampshire 98.31 Utah 96.24

25. Dist. of Columbia 98.25 Wyoming 96.23

26. Rhode Island 98.12 Idaho 96.18

27. Montana 98.07 Rhode Island 96.03

28. Maine 97.92 North Dakota 95.58

29. North Dakota 97.65 Dist. of Columbia 94.61

30. Oklahoma 97.26 Missouri 94.48

31. Missouri 96.64 Nevada 92.83

32. Delaware 95.49 Oklahoma 91.81

33. Maryland 95.36 Delaware 90.96

34. West Virginia 94.74 Maryland 90.54

35. Nevada 91.88 West Virginia 89.16

36. Kentucky 91.56 Texas 85.55

37. Texas 90.74 Kentucky 85.17

38. Florida 86.24 Florida 82.43

39. Tennessee 85.08 Tennessee 80.94

40. Virginia 84.33 Arizona 79.62

41. Arkansas 83.80 Arkansas 77.89

42. New Mexico 80.07 Virginia 77.32

43. North Carolina 78.25 Mississippi 73.47

44. Arizona 77.79 New Mexico 72.04

45. Mississippi 77.62 North Carolina 69.38

46. Georgia 77.21 Georgia 66.73

47. Indian Territory 75.61 Alabama 64.50

48. Alabama 71.11 South Carolina 61.03

49. South Carolina 70.44 Louisiana 57.26

50. Louisiana 67.12

CENSUS 1900

(Population, Vol. II, Part II, Table 65--pp. 422)

ILLITERATE CHILDREN BETWEEN THE AGES OF 10 AND 14 YEARS IN EACH STATE

Alabama 66,072 1. Wyoming 72

Alaska 1,903 2. Oregon 175

Arizona 2,592 3. Idaho 209

Arkansas 26,972 4. Utah 220

California 1,279 5. Nevada 275

Colorado 742 6. Vermont 287

Connecticut 435 7. Washington 340

Delaware 845 8. Montana 374

Dist. of Columbia 398 9. Hawaii 394

Florida 8,389 10. Dist. of Columbia 398

Georgia 63,329 11. Nebraska 412

Hawaii 394 12. Connecticut 436

Idaho 209 13. South Dakota 472

----------------------------

Illinois 4,044 14. New Hampshire 557

Indiana 1,453 15. Rhode Island 691

Indian Territory 12,172 16. Colorado 742

Iowa 883 17. North Dakota 836

Kansas 878 18. Delaware 845

Kentucky 21,247 19. Kansas 878

Louisiana 55,691 20. Iowa 883

Maine 1,255 21. Maine 1,255

Maryland 5,859 22. California 1,279

Massachusetts 1,547 23. Oklahoma 1,295

Michigan 1,744 24. Minnesota 1,365

Minnesota 1,365 25. Indiana 1,453

Mississippi 44,334 26. =Massachusetts= =1,547=

----------------------------

Missouri 11,660 27. Wisconsin 1,688

Montana 374 28. Michigan 1,744

Nebraska 412 29. Alaska 1,903

Nevada 275 30. =Ohio= =2,048=

New Hampshire 557 31. =New Jersey= =2,069=

New Jersey 2,069 32. Arizona 2,592

New Mexico 4,354 33. =Illinois= =4,044=

New York 4,740 34. New Mexico 4,354

North Carolina 51,190 35. =New York= =4,740=

North Dakota 836 36. West Virginia 5,819

Ohio 2,048 37. Maryland 5,859

Oklahoma 1,295 38. =Pennsylvania= =6,326=

Oregon 175 39. Florida 8,389

----------------------------

Pennsylvania 6,326 40. Missouri 11,660

Rhode Island 691 41. Indian Territory 12,172

South Carolina 51,536 42. Kentucky 21,247

South Dakota 472 43. Arkansas 26,972

Tennessee 36,375 44. Virginia 34,612

Texas 35,491 45. Texas 35,491

Utah 220 46. Tennessee 36,375

Vermont 287 47. Mississippi 44,334

Virginia 34,612 48. North Carolina 51,190

Washington 340 49. South Carolina 51,536

West Virginia 5,819 50. Louisiana 55,691

Wisconsin 1,688 51. Georgia 63,329

Wyoming 72 52. Alabama 66,072

----- ----------------------------

United States 579,947 United States 579,947

The vitally significant fact revealed by the first table is the fall in

the scale, between 1890 and 1900, of the six great industrial states

when measured by the percentage of literacy of their children between

the ages of ten and fourteen years.

When measured by the value of their manufactures, New York,

Pennsylvania, Illinois, Massachusetts, Ohio, and New Jersey stand at

the head of the scale of the states in the order in which they are here

printed. When measured by the percentage of their children between

the ages of ten and fourteen years able to read and write, in 1900,

these states rank altogether differently. Thus New York, instead of

being first is fourteenth; Pennsylvania, instead of being second,

is twentieth; Illinois, instead of being third, is fifteenth; the

other three are Massachusetts, ninth; Ohio, fourth; and New Jersey,

twenty-first. Nor is their position in this scale either stable or

improving. On the contrary, all the six great states fell from a

better relative position during the ten years from 1890 to 1900. In

1890, New York occupied the eighth place, Pennsylvania the sixteenth,

Illinois the fifth, Massachusetts the second, Ohio the third, and New

Jersey the fifteenth. All alike have fallen relatively to the western

states (Nebraska, Oregon, Indiana, Utah and Washington), which have

correspondingly risen.

Pennsylvania and New Jersey seem to have competed for the place of

dishonor at the foot of the list of the six great industrial states.

Pennsylvania occupied that position in 1890, being then sixteenth in

the scale of all the states, and sixth and last of the great industrial

states. In 1900, New Jersey had sunk from the fifteenth to the

twenty-first place, and now ranks one point below Pennsylvania, when

measured by the percentage of her children between the ages of ten and

fourteen years of age who are able to read and write.

The relative fall of Massachusetts from the second to the ninth place

in the scale may be due to several causes. The influx of French

Canadian, Portuguese, Italian, Russian, and Syrian children of the

ages between ten and fourteen years is large, and would doubtless

continue to depress the position of Massachusetts in the table under

consideration. Moreover, Massachusetts was slow to raise the legal age

for beginning to work to fourteen years, and to make attendance at

school compulsory throughout the full school year to the fourteenth

birthday. Not until 1905 did Massachusetts prohibit the employment of

illiterate children before the sixteenth birthday.

Discouraging is the position in the first table of the four great

Southern cotton manufacturing states in which large numbers of young

children are employed in manufacture. In none of the four are eighty

per cent. of the children between ten and fourteen years of age able to

read and write. Of the four, North Carolina stands highest, as number

forty-three in the scale; followed by Georgia, forty-six; Alabama,

forty-eight, and South Carolina, forty-nine. Lowest in the scale is

Louisiana, fifty. Only one of them has risen. North Carolina, which

stood forty-five in 1890, stands forty-three in 1900.

An interesting ray of light upon the child-labor problem shines from

the first table. The six great industrial states whose descent in the

scale it registers, are exceptionally wealthy and progressive in all

other respects, but they are the chosen home of child labor on a large

scale.

The first table thus confirms the opinion that child-labor and

illiteracy are coextensive, and that all these factors, far from

being local and to be dealt with by a small group of Southern states,

form a great and growing series of national problems. The four great

manufacturing states of the South stand at the foot of the scale

of states when graded according to the ability of children between

the ages of ten and fourteen years to read and write; and the six

great industrial states of the North are falling in that scale,

simultaneously and conspicuously. Surely there is need of organized

effort, national in scope, to ascertain the cause of so sinister a

phenomenon, and to remove that cause with the least possible loss of

time.

In the second table there are many significant points, one being

the position of the six leading manufacturing states, New York,

Pennsylvania, Illinois, Massachusetts, Ohio and New Jersey, all nearer

the bottom of the scale than the top, with the single exception of

Massachusetts which is twenty-sixth in the scale of fifty-two. The

other five are all in the third group, ranking as follows: Ohio,

thirty; New Jersey, thirty-one; Illinois thirty-three; New York,

thirty-five; and Pennsylvania, thirty-eight.

When placed according to the actual number of her illiterate children,

Pennsylvania stands lowest among the six leading manufacturing states

and ranks with the states of the South, coming after Maryland and West

Virginia and next above Florida.

Taken together, the six leading manufacturing states had, in 1900,

20,774 illiterate children between the ages of ten and fourteen years,

distributed as follows:

Massachusetts 1,547

Ohio 2,048

New Jersey 2,069

Illinois 4,044

New York 4,740

Pennsylvania 6,326

------

Total 20,774

It is, of course, to be observed that the six leading manufacturing

states receive a vast immigrant population. One conclusion derivable

from the table seems, therefore, to be this: that since these states

attract immigrants whose children tend to remain illiterate, it is

necessary to take energetic measures for dealing with those children;

such, for instance, as the requirement that they must learn to read and

write English before leaving school to begin to work. It is conceivable

that such a requirement, universally and effectively enforced, might

permanently remove one incentive to immigration on the part of the

least desirable immigrants--_i. e._, the hope for wages to be earned by

illiterate young children.

In this table, as in the percentage table, it is the great cotton

states of the South which constitute the foot of the scale, North and

South Carolina, Louisiana, Georgia and Alabama.

The more closely the two lower groups of states are scrutinized, the

clearer the inference becomes that the problem of child labor and child

illiteracy are twin problems, and that together they demand for their

solution no mere sectional effort, but the vigorous determination of

the whole people that the years of childhood shall be held sacred to

the work of education, free from the burden of wage-earning.

The states which stand at the foot of the scale in both tables are

Arkansas, Virginia, North and South Carolina, Mississippi, Louisiana,

Georgia and Alabama. These states have no compulsory education laws.

They are the states which are commonly designated as the “New South”

in discussions of industrial development, particularly in the cotton

industry. In them manufacture increases by leaps and bounds while

legislation lags behind. As has been pointed out, Georgia deliberately

voted at two sessions of the legislature of 1903 to adopt a position

ethically lower than that of England at the time of the enactment of

Sir Robert’s Peel’s act, in 1802. The new laws of North and South

Carolina, Alabama and Virginia approximate closely to the factory

acts of England in 1842, except that the English laws provided for

factory inspectors, which the Southern states have not yet done. It

is with the competition of such communities that Massachusetts has

to do when her Committee on the Relations of Employer and Employee

recommend the consideration of the feasibility of raising the age for

compulsory school attendance to fifteen years, and defer recommending

any shortening of the hours of labor of children beyond the limit of

fifty-eight hours in one week. In view of facts like these, the child

labor problem can never again be regarded as a local problem. It is the

problem of the nation as a whole.

The foregoing somewhat desultory observations upon the effort made to

establish the right to childhood, reveal how far the whole still falls

short of any clear policy of cherishing all future citizens as such in

the interest of the Republic.

All legislation thus far has been a series of compromises achieved by

stirrings of the public conscience concerning some one enormity here

and there. On one side the demands of employers for cheap labor are

reënforced by the pressing poverty of parents; and on the other, there

has until recently been only the inarticulate child, not always even

aware of the injury he was suffering. Then came the trade union eager

to be rid of the child in industry, perhaps for the child’s good,

perhaps in the interest of better wages for the adult competitors. Only

sadly recently has the philanthropist come forward as a person to be

reckoned with, and last of all, the purchaser of the product, demanding

the privilege of buying with a clear conscience the goods for which he

pays.

The resultant patchwork quilt of statutes leaves the children

unprotected, as has been shown, in many places, and is nowhere adequate

to the needs of the children and the rapid development of industry. It

is the purpose of the following pages to suggest what seems reasonable

to strive for during the decade 1900-1910.

=Legislation Needed in the Near Future.=--First of all desiderata

is uniformity among the states on the basis of the best which has

yet been achieved in the most enlightened communities. For lack of

uniformity, progress has been hindered in many states, notably in

the glass industry which, during 1904, successfully represented to

the legislature of New Jersey that, if deprived of the privilege of

employing boys under the age of sixteen years at night, it would

migrate to Delaware and West Virginia, where no such restrictions yet

await it.

In the interest of uniformity, it seems most practicable to adopt as

the minimum age for beginning work, the fourteenth birthday, while

endeavoring to bring to this minimum all the children now engaged in

street occupations, hitherto exempt from restrictions in nearly all

states; and endeavoring, also, to bring to this minimum the statutes

of those states which, as yet, prescribe no minimum age (Georgia),

or a minimum age of ten years (Nebraska), or twelve years (Alabama,

Louisiana, Maine, New Hampshire, North Carolina, North Dakota, Texas,

and Virginia), or thirteen years (Rhode Island).

No one acquainted with the diminutive stature of city children of the

working class at fourteen years of age, can regard the adoption of

this standard minimum age for beginning work as final. It is merely

the best attainable for the present and the immediate future, in the

evolution of child labor legislation.

In the century since the movement for child labor laws began with Sir

Robert Peel’s act, in 1802, effort has been devoted chiefly to placing

about the labor of children restrictions based upon age or school

attendance; and these have been found unsatisfactory by reason of the

willingness of parents to perjure themselves. It is the tendency of the

present to consider the fitness of the child itself for the prospective

occupation. Under the present statute of New York, for instance, a

child must be “of normal development and in sound health” before

receiving the certificate of the local board of health without which it

cannot legally begin to work.

As has been shown, effective legislation involves the child, the

parent, the employer, the officials charged with the duty of enforcing

the statutes, and the community which enacts the laws, provides the

schools for the children when these are prohibited from working,

supports and authorizes the officers who enforce the laws, prescribes

penalties for their violation and assists dependent families in which

children are below the legal age for work. In the long run, the

effectiveness of the laws depends upon the conscience of the community

as a whole far more than upon the parents and the employer taken

together.

With the foregoing reservations and qualifications duly recognized,

the following schedules are believed to outline the substance of the

effective legislation which it seems reasonable to try to secure in the

immediate future. They deal only with the provisions for the child as a

child, taking for granted the provisions for fire-escapes, safe-guards

for machines, toilet facilities and all those things which the child

shares with the adults.

An effective child labor law rests upon certain prohibitions, among

which are the following:

LABOR IS PROHIBITED

(1) for all children under the age of fourteen years,

(2) for all children under sixteen years of age who do not measure

sixty inches and weigh eighty pounds,[5]

(3) for all children under sixteen years of age who cannot read

fluently and write legibly simple sentences in the English language,

(4) for all children under the age of sixteen years, between the

hours of 7 P. M. and 7 A. M., or longer than eight hours in any

twenty-four hours, or longer than forty-eight hours in any week,

(5) for all children under the age of sixteen years in occupations

dangerous to life, limb, health or morals.

THE CHILD

Effective legislation requires that before going to work the child

satisfy a competent officer appointed for the purpose, that it

(1) is fourteen years of age, and

(2) is in good health, and

(3) measures at least sixty inches and weighs eighty pounds, and

(4) is able to read fluently and write legibly simple sentences in

the English language, and

(5) has attended school a full school year during the twelve months

next preceding going to work.

THE PARENT

Effective child-labor legislation requires that the parent

(1) keep the child in school to the age of fourteen years and longer

if the child has not completed its required school work, and

(2) take oath as to the exact age of the child before letting it

begin to work, and

(3) substantiate the oath by producing a transcript of the official

record of the birth of the child, or the record of its baptism, or

some other religious record of the time of the birth of the child,

and must

(4) produce the record of the child’s school attendance, signed by

the principal of the school which the child last attended.

THE EMPLOYER

Effective child-labor legislation requires that the employer before

letting the child begin to work,

(1) obtain and place on file ready for official inspection papers

showing

(_a_) the place and date of birth of the child substantiated by

(_b_) the oath of the parent corroborated by

(_c_) a transcript of the official register of births, or by a

transcript of the record of baptism, or other religious record of

the birth of the child, and by

(_d_) the school record signed by the principal of the school which

the child last attended, and by

(_e_) the statement of the officer of the board of education

designated for the purpose, that he has approved the papers and

examined the child.

(2) After permitting the child to begin to work, the employer

is required to produce the foregoing papers on demand of the

school-attendance officer, the health officer and the factory

inspectors.

(3) In case the child cease to work, the employer must restore to the

child the papers enumerated above.

(4) During the time that the child is at work, the employer must

provide suitable seats, and permit their use so far as the nature of

the work allows; and must

(5) post and keep posted in a conspicuous place, the hours for

beginning work in the morning, and for stopping work in the middle of

the day; the hours for resuming work and for stopping at the close of

the day; and all work done at any time not specified in such posted

notice constitutes a violation of the law. The total number of hours

must not exceed eight in any one day or forty-eight in one week.

THE OFFICIALS

Effective legislation for the protection of children requires that the

officials entrusted with the duty of enforcing it

(1) give their whole time, not less than eight hours of every working

day, to the performance of their duties, making night inspections

whenever this may be necessary to insure that children are not

working during the prohibited hours; and

(2) treat all employers alike, irrespective of political

considerations, of race, religion or power in a community;

(3) prosecute all violations of the law;

(4) keep records complete and intelligible enough to facilitate the

enactment of legislation suitable to the changing conditions of

industry.

THE SCHOOL

The best child-labor law is a compulsory education law covering forty

weeks of the year and requiring the consecutive attendance of all

the children to the age of fourteen years. If is never certain that

children are not at work, if they are out of school. In order to keep

the children, however, it is not enough to compel attendance,--the

schools must be modified and adapted to the needs of the recent

immigrants in the North and of the poor whites in the South, affording

instruction which appeals to the parents as worth having, in lieu of

the wages which the children are forbidden to earn, and appeals to

the children as interesting and attractive. These requirements are so

insufficiently met in the great manufacturing centers of the North,

that truancy is in several of them, at present, an insoluble problem.

No system of child-labor legislation can be regarded as effective which

does not face and deal with these facts.

The evolution of the vacation school and camp and play centers promises

strong reënforcement of the child-labor laws, which are now seriously

weakened by the fact that the long vacation leaves idle upon the

streets children whom employers covet by reason of the low price of

their labor, while parents, greedy for the children’s earnings and

anxious lest the children suffer from the life of the streets, eagerly

seek work for them. Nothing could be worse for the physique of the

school child than being compelled to work during the summer; and the

development of the vacation school and vacation camp alone seems to

promise a satisfactory solution of the problem of the vacation of the

city child of the working class.

THE COMMUNITY

Effective child-labor legislation imposes upon the community many

duties, among which are

(1) maintaining officials--men and women--school-attendance officers,

health officers, and factory inspectors, all of whom need

(_a_) salary and traveling expenses,

(_b_) access at all reasonable times to the places where children

are employed,

(_c_) power to prosecute all violations of the statutes affecting

working children,

(_d_) tenure of office so effectively assured that they need not

fear removal from office in consequence of prosecuting powerful

offenders;

(2) maintaining schools in which to educate the children who are

prohibited from working;

(3) maintaining vital statistics, especially birth records, such that

the real age of native children may be readily ascertained;

(4) maintaining provision for the adequate relief of dependent

families in which the children are not yet of legal age for beginning

work.

More important, however, than the enactment of the foregoing provisions

is the maintenance in the community of a persistent, lively interest

in the enforcement of the child-labor statutes. Without such interest,

judges do not enforce penalties against offending parents and

employers; inspectors become discouraged and demoralized; or faithful

officers are removed because they have no organized backing while some

group of powerful industries clamors that the law is injuring its

interest. Well-meaning employers grow careless, infractions become the

rule, and workingmen form the habit of thinking that laws inimical to

their interest are enforced, while those framed in their interest are

broken with impunity.

Upon parents there presses incessant poverty, urging them to seek

opportunities for wage-earning even for the youngest children; and

upon the employers presses incessant competition, urging them to reduce

the pay-roll by all means fair and foul. No law enforces itself; and no

officials can enforce a law which depends upon them alone. It is only

when they are consciously the agents of the will of the people that

they can make the law really protect the children effectively.

=A United States Commission for Children.=--If the right to childhood

is recognized, it follows that the welfare of the children is a

legitimate interest of the nation, for the right rests upon the future

citizenship of the children. The interest of the nation, as such, has

not hitherto found articulate expression, and it is desirable that it

should do so. It is therefore suggested that there be constituted a

Commission for Children, whose functions should be to correlate, make

available, and interpret the facts concerning the physical, mental and

moral condition and prospects of the children of the United States,

native and immigrant.

The proposed commission might be composed of men and women,

representing different parts of the country, for the purpose of

promoting the vital and social efficiency of the children of the United

States. It should do for the states, cities and smaller communities

what the Department of Agriculture does for the farmers,--make

accessible to them the latest word of science and the latest methods

of applying it. The commission might coöperate with the Bureau of

Education, for instance, in disseminating facts as to the grades in

the public schools from which the children leave, and the age of

the children at the time of leaving, in the different parts of the

country; it might coöperate with the Bureau of Labor in popularizing

the principles upon which child-labor legislation should be further

developed; and with the Census Bureau in focusing attention upon

the fact that in 1900 there were in the Republic 579,947 illiterate

children between the ages of ten and fourteen years, of whom about

510,000 are in thirteen states, and the remaining 70,000 are scattered

throughout the remainder of the United States. For lack of a recognized

national official body devoted to all the interests of the children,

the facts gathered by the three above named departments remain

uncorrelated and largely unused. If they are applied at all, it is by

volunteer organizations which exist in some states and are lacking in

others, and any results obtained, therefore, benefit the children in a

part of the country, but not in the whole country.

The problems suggested as forming, at first, the probable field of work

of the Commission are all vital to the welfare of the Republic. They

are inter-related in such complex ways that it is very difficult to

state them in logical order. The following list is purely tentative and

is framed in the hope that it may suggest constructive criticism.

PROBLEMS

1. Infant Mortality.

2. Registration of Births.

3. Orphanage.

4. Desertion.

5. Illegitimacy.

6. Degeneracy (sub-normal childhood).

7. Delinquency.

8. Offenses against Children.

9. Illiteracy.

10. Child labor.

The imperative need of such a commission becomes apparent as soon as

the first problem, infant mortality, is named. If lobsters or young

salmon become scarce or are in danger of perishing, the United States

Fish Commission takes active steps in the matter. But infant mortality

continues excessive, from generation to generation, in perfectly

well-defined areas;--yet no one organ of the national government is

interested in the matter sufficiently even to gather, collate and

publish consecutive information about this social phenomenon. On

the contrary, infant mortality, however excessive, continues to be

generally regarded as a matter safely left to the local officers whose

incompetence or lack of legal power it proves. Mere constructive

criticism from an authoritative source, consecutively afforded by the

proposed commission, could not fail to have a stimulating effect upon

such local officials.

Orphanage is now generally recognized as a phenomenon social and

permanent. To it is due much pauperism, delinquency and permanent

degeneracy among children. It is a matter of national importance that

continuous investigations should be carried on covering methods of

safeguarding adult life;--insurance, pensions for widows with young

children, adoption of total orphans, asylums and methods of boarding

out children. The children are the future Republic, the orphans no

less than those who have parents; and the maintenance of their vital

efficiency is no less essential than the care of fish, forests and

Indians by the United States Government.

With the development of disease and accidents incident to occupations

the number of fatherless children in the working class increases.

No employers’ liability legislation yet devised has made adequate

provision for the maintenance of surviving little children of workmen

who perish.

Desertion and illegitimacy are phenomena which, from the child’s point

of view, are to be classed with orphanage. It is desirable that methods

of enforcing paternal responsibility should be devised to relieve the

community of the support of children thus cruelly and unnaturally

fatherless.

The allied problems of orphanage, desertion and illegitimacy connect

on the one hand with the protection of life, limb, health and morality

of the adult workers; and on the other with child labor, illiteracy,

degeneracy and delinquency.

While a few cities have established children’s courts devoted to

the decision of cases affecting children, and probation officers

for the care of juvenile delinquents, it remains true that, in by

far the larger part of the country, the stockade or the county jail

is a school of crime for first offenders. On the other hand, the

widely prevalent method of crowding dependent and delinquent children

together in institutions promotes both dependency and delinquency;

while the reckless placing out of children at a distance from their

own original homes has its own serious dangers. The indifference

of local authorities to these subjects of vital importance to the

rising generation is due chiefly to ignorance of better ways. But the

desultory propaganda of volunteer bodies is inadequate to securing

within any calculable time, improvements which might readily and

rapidly be brought about by the dissemination, with method and

continuity, of the needed information by a Commission for Children.

Child labor can never again be regarded as a matter of local interest

in a few states, with cotton mills in the South, and canneries

from Maine to the Pacific, employing children at all hours, in

ever-increasing numbers as the industries develop. The lack of

legislation in one state renders it excessively difficult to establish

protective restrictions upon work in another state having the same

industries;--and the worse inevitably checks progress in the better.

It is, at present, impossible to secure comprehensive, trustworthy,

current information as to the conditions of labor of children in

the different states, except by having recourse to some volunteer

organization which, in turn, secures its facts by correspondence with

the officials of fifty-two states and territories. Moreover, the

publications of private societies cannot assure the continuity of

investigation which a Commission could give. It is believed that the

consecutive publications by a Commission, of the child-labor laws of

the different states in popular form (as the Department of Agriculture

furnishes in popular form information needed by farmers), as rapidly

as the laws are modified, might be the means of securing approximately

uniform legislation in this important field within a few years.

The foregoing list of problems with the comments upon them, are, of

course, mere suggestions of what a Commission would find awaiting it

in the way of investigation and dissemination of information on behalf

of the future citizens of the Republic. Obviously the creation of such

a Commission will mark one more important recognition of the right to

childhood and will register one more ethical gain.

FOOTNOTES:

[3] These figures are found in the Census, 1900, Manufactures, Part II,

States and Territories, p. 987.

[4] _Report of Committee on Relations of Employer and Employee_, 1904,

Boston, pp. 32, 33, 34.

[5] This measure is not now specified in any statute, though it is

implied in the statute of New York, enacted in 1903. Bills specifically

embracing this provision were introduced into the legislatures of Iowa

and Louisiana in 1904.

Some ethical gains through legislation · 第 2 / 8 章