under the age of fifteen years to have the care, custody, management
of, or to operate any elevator, or shall employ or permit any person
under the age of eighteen years to have the care, custody, management,
or operation of any elevator running at a speed of over two hundred feet
a minute.
§ 4. It shall be the duty of the owner, agent, or lessee of any
manufacturing establishment where there is any elevator, hoisting-shaft,
or well-hole, to cause the same to be properly and substantially
inclosed or secured, if in the opinion of the Factory Inspector, or of
the Assistant Factory Inspector, or a Deputy Factory Inspector, unless
disapproved by the Factory Inspector, it is necessary to protect the
lives or limbs of those employed in such establishment. It shall also be
the duty of the owner, agent, or lessee of each of such establishments
to provide or cause to be provided, if, in the opinion of the Inspector,
the safety of persons in or about the premises should require it, such
proper trap or automatic doors, so fastened in or at all elevator ways
as to form a substantial surface when closed, and so constructed as to
open and close by action of the elevator in its passage, either
ascending or descending, but the requirements of this section shall not
apply to passenger elevators that are closed on all sides. The Factory
Inspector, Assistant Factory Inspector, and Deputy Factory Inspectors
may inspect the cables, gearing, or other apparatus of elevators in
manufacturing establishments, and require that the same be kept in a
safe condition.
§ 5. Proper and substantial hand-rails shall be provided on all
stairways in manufacturing establishments, and where, in the opinion of
the Factory Inspector, or of the Assistant Factory Inspector, or Deputy
Factory Inspector, unless disapproved by the Factory Inspector, it is
necessary, the steps of said stairs in all such establishments shall be
substantially covered with rubber, securely fastened thereon, for the
better safety of persons employed in said establishments. The stairs
shall be properly screened at the sides and bottom, and all doors
leading in or to such factory shall be so constructed as to open
outwardly where practicable, and shall be neither locked, bolted, nor
fastened during working-hours.
§ 6. If, in the opinion of the Factory Inspector, or of the Assistant
Factory Inspector, or of a Deputy Factory Inspector, it is necessary to
insure the safety of the persons employed in any manufacturing
establishment, three or more stories in height, one or more
fire-escapes, as may be deemed by the Factory Inspector as necessary and
sufficient therefor, shall be provided on the outside of such
establishment, connecting with each floor above the first, well fastened
and secured and of sufficient strength, each of which fire-escapes shall
have landings or balconies, not less than six feet in length and three
feet in width, guarded by iron railings not less than three feet in
height, and embracing at least two windows at each story and connecting
with the interior by easily accessible and unobstructed openings, and
the balconies or landings shall be connected by iron stairs, not less
than eighteen inches wide, the steps not to be less than six inches
tread, placed at a proper slant, and protected by a well-secured
hand-rail on both sides with a twelve-inch-wide drop-ladder from the
lower platform reaching to the ground. Any other plan or style of
fire-escape shall be sufficient, if approved by the Factory Inspector;
but if not so approved, the Factory Inspector may notify the owner,
proprietor, or lessee of such establishment or of the building in which
such establishment is conducted, or the agent or superintendent or
either of them, in writing, that any such other plan or style of
fire-escape is not sufficient, and may, by an order in writing, served
in like manner, require one or more fire-escapes, as he shall deem
necessary and sufficient, to be provided for such establishment, at such
locations and of such plan and style as shall be specified in such
written order. Within twenty days after the service of such order, the
number of fire-escapes required in such order for such establishment
shall be provided therefor, each of which shall be either of the plan
and style and in accordance with the specifications in said order
required, or of the plan and style in this section above described and
declared to be sufficient. The windows or doors to each fire-escape
shall be of sufficient size, and be located as far as possible
consistent with accessibility, from the stairways and elevator
hatchways or openings, and the ladder thereof shall extend to the roof.
Stationary stairs or ladders shall be provided on the inside of such
establishment from the upper story to the roof, as a means of escape in
case of fire.
§ 7. It shall be the duty of the owner, agent, superintendent, or other
person having charge of such manufacturing establishment, or of any
floor or part thereof, to report in writing to the Factory Inspector all
accidents or injury done to any person in such factory, within
forty-eight hours of the time of the accident, stating as fully as
possible the extent and cause of such injury, and the place where the
injured person has been sent, with such other information relative
thereto as may be required by the Factory Inspector. The Factory
Inspector or Assistant Factory Inspector and Deputy Factory Inspectors
under the supervision of the Factory Inspector, are hereby authorized
and empowered to fully investigate the causes of such accidents, and to
require such precautions to be taken as will in their judgment prevent
the recurrence of similar accidents.
§ 8. It shall be the duty of the owner of any manufacturing
establishment, or his agents, superintendent, or other person in charge
of the same, to furnish and supply, or cause to be furnished and
supplied therein, in the discretion of the Factory Inspector, or of the
Assistant Factory Inspector, or of a Deputy Factory Inspector, unless
disapproved by the Factory Inspector, where machinery is used,
belt-shifters or other safe mechanical contrivances, for the purpose of
throwing on or off belts or pulleys; and wherever possible machinery
therein shall be provided with loose pulleys; all vats, pans, saws,
planers, cogs, gearing, belting, shafting, set-screws, and machinery of
every description therein shall be properly guarded, and no person shall
remove or make ineffective any safeguard around or attached to any
planer, saw, belting, shafting or other machinery, or around any vat or
pan, while the same is in use, unless for the purpose of immediately
making repairs thereto, and all such safeguards shall be promptly
replaced. By attaching thereto a notice to that effect, the use of any
machinery may be prohibited by the Factory Inspector, Assistant Factory
Inspector, or by a Deputy Factory Inspector, unless such notice is
disapproved by the Factory Inspector, should such machinery be regarded
as dangerous. Such notice must be signed by the Inspector who issues it,
and shall only be removed after the required safeguards are provided,
and the unsafe or dangerous machine shall not be used in the mean time.
Exhaust fans of sufficient power shall be provided for the purpose of
carrying off dust from emery wheels and grindstones, and dust-creating
machinery therein. No person under eighteen years of age and no woman
under twenty-one years of age shall be allowed to clean machinery while
in motion.
§ 9. A suitable and proper washroom and water-closets shall be provided
in each manufacturing establishment, and such water-closets shall be
properly screened and ventilated, and be kept at all times in a clean
condition; and if women or girls are employed in any such establishment,
the water-closets used by them shall have separate approaches and be
separate and apart from those used by men. All water-closets shall be
kept free of obscene writing and marking. A dressing-room shall be
provided for women and girls, when required by the Factory Inspector, in
any manufacturing establishment in which women and girls are employed.
§ 10. Not less than sixty minutes shall be allowed for the noonday meal
in any manufacturing establishment in this State. The Factory Inspector,
the Assistant Factory Inspector, or any Deputy Factory Inspector shall
have power to issue written permits in special cases, allowing shorter
meal-time at noon, and such permit must be conspicuously posted in the
main entrance of the establishment, and such permit may be revoked at
any time the Factory Inspector deems necessary, and shall only be given
where good cause can be shown.
§ 11. The walls and ceilings of each workroom in every manufacturing
establishment shall be lime-washed or painted, when in the opinion of
the Factory Inspector, Assistant Factory Inspector, or of a Deputy
Factory Inspector, unless disapproved of by the Factory Inspector, it
shall be conducive to the health or cleanliness of the persons working
therein.
§ 12. Any officer of the Factory Inspection Department, or other
competent person designated for such purpose by the Factory Inspector,
shall inspect any building used as a workshop or manufacturing
establishment or anything attached thereto, located therein or connected
therewith, outside of the cities of New York and Brooklyn, which has
been represented to be unsafe or dangerous to life or limb. If it
appears upon such inspection that the building or anything attached
thereto, located therein or connected therewith is unsafe or dangerous
to life or limb, the Factory Inspector shall order the same to be
removed or rendered safe and secure; and if such notification be not
complied with within a reasonable time, he shall prosecute whoever may
be responsible for such delinquency.
§ 13. No room or rooms, apartment or apartments, in any tenement or
dwelling-house, shall be used for the manufacture of coats, vests,
trousers, knee-pants, overalls, cloaks, furs, fur-trimmings,
fur-garments, shirts, purses, feathers, artificial flowers, or cigars,
excepting by the immediate members of the family living therein. No
person, firm, or corporation shall hire or employ any person to work in
any one room or rooms, apartment or apartments, in any tenement or
dwelling-house, or building in the rear of a tenement or dwelling-house,
at making in whole or in part any coats, vests, trousers, knee-pants,
fur, fur-trimmings, fur-garments, shirts, purses, feathers, artificial
flowers, or cigars, without first obtaining a written permit from the
Factory Inspector, Assistant Factory Inspector, or a Deputy Factory
Inspector, which permit may be revoked at any time the health of the
community or of those employed therein may require it, and which permit
shall not be granted until an inspection of such premises is made by the
Factory Inspector, Assistant Factory Inspector, or a Deputy Factory
Inspector, and the maximum number of persons allowed to be employed
therein shall be stated in such permit. Such permit shall be framed and
posted in a conspicuous place in the room or in one of the rooms to
which it relates.
§ 14. Not less than two hundred and fifty cubic feet of air space shall
be allowed for each person in any workroom where persons are employed
during the hours between six o'clock in the morning and six o'clock in
the evening, and not less than four hundred cubic feet of air space
shall be provided for each person in any workroom where persons are
employed between six o'clock in the evening and six o'clock in the
morning. By a written permit the Factory Inspector, Assistant Factory
Inspector, or a Deputy Factory Inspector, with the consent of the
Factory Inspector, may allow persons to be employed in a room where
there are less than four hundred cubic feet of air space for each person
employed between six o'clock in the evening and six o'clock in the
morning, provided such room is lighted by electricity at all times
during such hours while persons are employed therein. There shall be
sufficient means of ventilation provided in each workroom of every
manufacturing establishment; and the Factory Inspector, Assistant
Factory Inspector, and Deputy Factory Inspectors, under the direction of
the Factory Inspector, shall notify the owner, agent, or lessee, in
writing, to provide, or cause to be provided, ample and proper means of
ventilating such workroom, and shall prosecute such owner, agent, or
lessee, if such notification be not complied with within twenty days of
the service of such notice.
§ 15. Upon the expiration of the term of office of the present Factory
Inspector, and upon the expiration of the term of office of each of his
successors, the Governor shall, by and with the advice and consent of
the Senate, appoint a Factory Inspector; and upon the expiration of the
term of office of the present Assistant Factory Inspector, and upon the
expiration of the term of office of each of his successors, the Governor
shall, by and with the advice and consent of the Senate, appoint an
Assistant Factory Inspector. Each Factory Inspector and Assistant
Factory Inspector shall hold over and continue in office, after the
expiration of his term of office, until his successor shall be appointed
and qualified. The Factory Inspector is hereby authorized to appoint
from time to time not exceeding sixteen persons to be Deputy Factory
Inspectors, not more than eight of whom shall be women; and he shall
have power to remove the same at any time. The term of office of the
Factory Inspector and of the Assistant Factory Inspector shall be three
years each. Annual salaries shall be paid in equal monthly instalments,
as follows: To the Factory Inspector, three thousand dollars; to the
Assistant Factory Inspector, two thousand five hundred dollars; to each
Deputy Factory Inspector, one thousand two hundred dollars. All
necessary travelling and other expenses incurred by the Factory
Inspector, Assistant Factory Inspector, and the Deputy Factory
Inspectors in the discharge of their duties shall be paid monthly by the
Treasurer upon the warrant of the Comptroller, issued upon proper
vouchers therefor. A sub-office may be opened in the city of New York at
an expense of not more than one thousand five hundred dollars a year.
The reasonable necessary travelling and other expenses of the Deputy
Factory Inspectors while engaged in the performance of their duties
shall be paid upon vouchers approved by the Factory Inspector and
audited by the Comptroller.
§ 16. It shall be the duty of the Factory Inspector, and the Assistant
Factory Inspector, and of each of the Deputy Factory Inspectors under
the supervision and direction of the Factory Inspector, to cause this
act to be enforced, and to cause all violators of this act to be
prosecuted; and for that purpose they and each of them are hereby
empowered to visit and inspect at all reasonable hours, and as often as
shall be practicable and necessary, all manufacturing establishments in
this State. It shall be unlawful for any person to interfere with,
obstruct, or hinder, by force or otherwise, any officer appointed to
enforce the provisions of this act, while in the performance of his or
her duties, or to refuse to properly answer questions asked by such
officer with reference to any of the provisions hereof. The Factory
Inspector may divide the State into districts, and assign one or more
Deputy Factory Inspectors to each district, and transfer them from one
district to another as the best interests of the State may, in his
judgment, require. Any Deputy Factory Inspector may be appointed to act
as Clerk in the main office of the Factory Inspector, which shall be
furnished in the Capitol, and set apart for the use of the Factory
Inspector. The Assistant Factory Inspector and Deputy Factory Inspectors
shall make reports to the Factory Inspector from time to time, as may be
required by the Factory Inspector, and the Factory Inspector shall make
an annual report to the Legislature during the month of January of each
year. The Factory Inspector, Assistant Factory Inspector, and each
Deputy Factory Inspector shall have the same powers as a Notary Public
to administer oaths and take affidavits in matters connected with the
enforcement of the provisions of this act.
§ 17. The District Attorney of any county of this State is hereby
authorized, upon the request of the Factory Inspector, Assistant Factory
Inspector, or of a Deputy Factory Inspector, or of any other person of
full age, to commence and prosecute to termination before any Recorder,
Police Justice, or court of record, in the name of the people of the
State, actions or proceedings against any person or persons reported to
him to have violated the provisions of this act.
§ 18. The words "manufacturing establishment," wherever used in this
act, shall be construed to mean any mill, factory, or workshop, where
one or more persons are employed at labor.
§ 19. A copy of this act shall be conspicuously posted and kept posted
in each workroom of every manufacturing establishment in this State.
§ 20. Any person who violates or omits to comply with any of the
provisions of this act, or who suffers or permits any child to be
employed in violation of its provisions, shall be deemed guilty of a
misdemeanor, and on conviction shall be punished by a fine of not less
than twenty nor more than fifty dollars for the first offence, and not
more than one hundred dollars for the second offence, or imprisonment
for not more than ten days, and for the third offence a fine of not less
than two hundred and fifty dollars, and not more than thirty days'
imprisonment.
§ 21. All acts and parts of acts inconsistent with the provisions of
this act are hereby repealed.
§ 22. This act shall take effect immediately.
AUTHORITIES CONSULTED IN PREPARING THIS BOOK.
* * * * *
United States Census, from 1790 to 1880 inclusive.
Reports of the State Bureaus of Labor Statistics as follows:--
Maine, 1889.
Massachusetts, 1870 to 1889 inclusive.
Connecticut, 1881.
Rhode Island, 1889.
New York, 1885.
New Jersey, 1885, 1886, and 1889.
Iowa, 1887 and 1889.
Kansas, 1889.
Wisconsin, 1883-84 and 1887.
Colorado, 1889.
Minnesota, 1889.
California, 1888.
Nebraska, 1887-90.
Michigan, 1892.
Reports of the Factory Inspectors for various States.
Working Women in Large Cities: Report of the United States Department of
Labor, Washington, D.C., 1889.
The Labor Movement in America. By Richard T. Ely. Thomas Y. Crowell &
Co., New York.
The Wages Question: A Treatise on Wages and the Wages Class. By Francis
A. Walker. Henry Holt & Co., New York.
The Labor Problem. Edited by W.E. Barnes. Harper & Brothers, New York.
On Labor. By W.T. Thornton. Macmillan & Co., London, 1869.
Profit-Sharing between Employer and Employed. By N.P. Gilman. Houghton,
Mifflin, & Co., Boston.
Sharing the Profits. By Mary Whiton Calkins, A.M. Ginn & Co., Boston.
Artisans and Machinery. By P. Gaskell. London, 1836.
Condition of the Laboring Classes in England. By F. Engel. Leipzig and
New York.
Ansichten der Volkswirthschaft aus dem geschicht. Standpunkte. By
Wilhelm Roscher.
Various Reports of Commissioners appointed to inquire into the working
of the Factory Acts in England.
Le Travail des Femmes au XIX. Siècle. By Paul Leroy-Beaulieu. Paris,
1870.
London Labor and the London Poor. By Henry Mayhew. Charles Griffen &
Co., London.
The Industrial Revolution. By Arnold Toynbee. London.
The Philosophy of Wealth. By John B. Clark. Ginn & Co., Boston.
Economic Writings of Emil de Lavelaye.
Lalor's Cyclopedia of Political Science.
Various Treatises on Political Economy. Adam Smith, John Stuart Mill,
Senior, Cairnes, Ely, Perry, Walker, etc.
Prisoners of Poverty. By Helen Campbell. Roberts Bros., Boston.
Applied Christianity. By Washington Gladden. Houghton, Mifflin, & Co.,
Boston.
Life and Work of the Earl of Shaftesbury, London. Read for Factory
Inspection and Legislation.
Problems of To-Day. By Richard T. Ely. T.Y. Crowell & Co., New York.
Social Studies. By the Rev. R. Heber Newton. G.P. Putnam's Son, New
York.
Social Problems. By Henry George.
Studies in Modern Socialism. By Edwin Brown, D.D. Appleton & Co., New
York.
Dynamic Sociology. By Lester F. Ward. D. Appleton & Co., New York.
Labor and Life of the People. Vols. 1 & 2: East London. By Charles
Booth. Williams & Norgate, London, 1889 & 1892.
Thirty Years of Labor: 1859 to 1889. By T.V. Powderly.
Das Kapital. By Karl Marx.
How the Other Half Live. By Jacob Riis. Charles Scribner's Sons, New
York.
General Reports and Review Articles on the questions involved.
BIBLIOGRAPHY OF WOMAN'S LABOR AND OF THE WOMAN QUESTION.
* * * * *
GERMANY.
Ausser den amtlichen Veröffentlichungen der verschiedenen Länder, über
Berufs-und Bevölkerungstatistik vgl G. Schmoller, Thatsachen der
Arbeitsteilung, Jahrb. f. Ges. und Berw. Bd 13, 1889.
Buchsenschutz, Besitz und Erwerb in griechischen Alterthum. Halle, 1869.
Franz Bernhoft, Ueber die Stellung der Frauen in Alterthum, Nord und
Süd. Bd. 39, 1884.
K. Weinhold, Die deutschen Frauen im Mittelalter, 2 Auflage. Wien, 1882.
Norrenberg, Frauenarbeit und Arbeiterinnenziehung in deutscher Vorzeit.
Köln, 1780.
Stahl, Das deutsche Handwerk. Giessen, 1874.
Carl Bücher, Die Frauenfrage im Mittelalter. Tübingen, 1882.
Stieda, Litteratur, heutige Zustände und Entstehung der deutschen
Hausindustrie. Leipzig, 1889. [Schr. d. Ver. f. Soz. Bd. 39.]
Ad. Held, Zwei Bücher zur socialen Geschichte Englands. Leipzig, 1848.
Fr. Engels, Die Lage der arbeitenden Klasse in England. 2 Ausgabe.
Leipzig, 1848.
Karl Marx, Das Kapital, Band 1, 2 Auflage. Hamburg, 1872.
Max Schippel, Das moderne Elend und die moderne Uebervölkerung.
Stuttgart, 1886.
Von Scherzer, Weltindustrien. Leipzig, 1880.
Ettore Friedlander, Die Frage der Frauen-und Kinderarbeit, deutsch von
Fleischer. Forbach, 1887.
Ergebnisse der über die Frauen-und Kinderarbeit in den Fabriken auf
Beschluss des Bundesraths angestellten Erhebungen, zusammengestellt im
Reichskanzleramt. Berlin, 1877.
W. Stieda, Deutschlands sozialstatistische Erhebungen im Jahre 1876.
Jahrb. f. Ges. und Verw. R.F. Bd. 1, 1877.
Eine Enquete über Frauen-und Kinderarbeit in der deutsche Flachs-und
Leinenindustrie. Arbeiterfreund, Jahrg. 12, 1874.
Reichsenquete über die Baumwoll-und Leinenindustrie, 1878-79.
Stenograph, Protokolle des Bundesrathes, 1878-79.
Worishoffer, Die soziale Lage der Cigarrenarbeiter im Grossherzogthum
Baden. Karlsruhe, 1890.
Amtliche Mittheilungen aus den Jahresberichten der mit Beaufsichtigung
der Fabriken betrauten Beamten, Jahrg. 1-14. Berlin, 1877-90.
Elster, Die Fabrikinspektionsberichte, und die
Arbeiterschutzgesetzgebung in Deutschland. Jahrb. f. Nat. R.F. Bd. 11.
1885.
P. Kollmann, Die gewerbliche Entfaltung im deutschen Reiche. Jahrb. f.
Ges. und Verw. R.F., Bd. 11 und 12. 1888-89.
Kuno Frankenstein, Die Lage der Arbeiterinnen in den deutschen
Grossstadten, ebenda Bd. 12. 1888.
Eug. Kämpfe, Die Lage der industriellthätigen Arbeiterinnen in
Deutschland. Leipzig, 1889.
O. Pache, Unsere Arbeiterfrauen. Leipzig, 1880.
Bericht der Gewerbeordnungscommission des Reichstages, 7
Legislaturperiode, 1 Session, 1890-91, Sammlung d. Drucksachen des
Reichstages, 7 Legislaturperiode, 1 Session 1887, Bd. 2, Berlin, 1887,
Nr. 83.
Karl Kaerger, Die Sachsgangerei, Landw. Jahrb. Bd. 13. 1890.
Hirschberg, Lohne der Arbeiterinnen in Berlin. Jahrb. f. Nat. Bd. 13.
1886.
Herkner, Die belgische Arbeiterenquete und ihre sozialpolitischen
Resultate. Archiv f. soz. Ges. und Staat, Bd. 1. 1888.
Derselbe, Die oberelsassische Baumwollindustrie und ihre Arbeiter.
Strassburg, 1887.
Ruhland, Der achtstundige Arbeitstag und die Arbeitschutzgesetzgebung
Australiens. Zeitschr. f.d. ges. Staatsgewissenschaft, Bd. 47. 1891.
v. Studnitz, Amerikanische Arbeitverhältnisse. Leipzig, 1879.