THE BATTLE LINES OF CHILD LABOR LEGISLATION

ANNA ROCHESTER

National Child Labor Committee

A majority of the twenty-nine state Legislatures which have been

considering child labor laws this winter are still in session, so that

many of the most important bills are still pending.

The campaign that is being waged against the most outspoken opposition

is on in Pennsylvania, one of the two strongholds of glass manufacturers

who employ boys under sixteen at night. With the single exception of

West Virginia, where a bill based on the uniform child labor law was

defeated this winter, night work for youths under sixteen is no longer

allowed in the important glass-producing states. The uniform law was

introduced in the present Pennsylvania Legislature by Representative

Walnut and referred to the Committee on Labor and Industry. The

committee reported it to the House with several amendments. The House

rejected all but two of these. Now the uniform law, with the

street-trading age limit reduced from twelve years to ten, and the age

limit for breaker boys reduced from sixteen to fourteen, has reached its

third reading in the House. If its friends can still protect it from the

mutilations desired by the glass interests, the telegraph companies, the

textile manufacturers and other opponents, Pennsylvania will be in a

fair way to protect the 29,170 children employed in manufactories in

that state.

The uniform law is also pending in Massachusetts, where it met no

opposition in the hearing before the Committee on Social Welfare.

Massachusetts has now a ten-hour day and the uniform law would bring her

into line with Ohio, New York, Illinois, Mississippi and twelve other

states that have the eight-hour day for all under sixteen.

But Massachusetts would lead the country in one respect if another bill

that is likewise before the Committee on Social Welfare should pass.

This provides for a five-hour day and compulsory school attendance for

all workers under sixteen. If this is put into effect it will set a new

standard for the Uniform Child Labor Law, which has been drafted by the

National Child Labor Committee and endorsed by the American Bar

Association. It is based on the best provisions of the best statutes now

in force in the several states. Yet the National Child Labor Committee,

fearing that two five-hour shifts for certain minors might tend to

fasten on industry the ten-hour day for adults, would suggest that

Massachusetts go one step further and fix a four-hour day for all under

sixteen.

Connecticut, Ohio and Michigan will also advance beyond the standard of

the uniform law if bills now pending are enacted. Michigan, it is true,

is not trying to reduce the working day below nine hours, but merely to

extend it to include canneries and four other occupations hitherto

exempt. But Michigan and Ohio propose to raise the general age limit for

employment from fourteen to fifteen, while Connecticut is considering

sixteen years. Ohio intends also to increase the compulsory school

attendance age from fourteen to fifteen for boys and sixteen for girls,

and to require that boys of fifteen may not go to work unless they have

completed the sixth instead of the fifth grade, the requirement of the

present Ohio law and of the uniform law.[3]

Footnote 3:

The Ohio law has passed both Houses.

The Ohio bill includes, also, the street trading provisions of the

uniform law. Special street trading bills are pending in Iowa, Nebraska,

New York and also, we understand, in Michigan and Minnesota. Their

outcome is doubtful because the average legislator seems to be blind to

the bad results of street trading and cheerfully reflects the popular

view that these “sturdy, little merchants” are all supporting widowed

mothers and headed straight for the White House.

Many states are coming to recognize the needs of children over fourteen.

This is evidenced not only by the wide discussion of vocational schools

and the bills before the Legislatures of Illinois, Indiana, Ohio,

Massachusetts, New York and other states, but also by the extension of

child labor laws. Thus California, having proved the advantage of the

eight-hour day for women and boys under sixteen, is considering the

eight-hour limit for all under eighteen. Wisconsin is proposing to

enlarge the list of hazardous occupations forbidden under eighteen and

to provide for continued revision in the future by the Industrial

Commission. The prohibition of night messenger service for those under

twenty-one is included in the uniform law, as pending in Pennsylvania

and passed in Delaware, but not in Massachusetts and Utah, where it has

already been enacted. In Connecticut, a dangerous trades bill is pending

and the bill for a general sixteen year limit includes an age

restriction of twenty-one years for night messenger service. The same

night messenger prohibition was included also in the bills based on the

uniform law that went down to defeat this year in Utah, Idaho, Arkansas,

Texas and West Virginia. Iowa, the only other state in which a night

messenger law has been introduced this year, proposes an eighteen year

limit.

Regulation of hours for all under sixteen was proposed in Nevada. In

Tennessee, there is a bill now before the House Committee on Labor,

providing for an eight-hour day under sixteen instead of the present

sixty-hour week. A second measure adds mercantile establishments and the

stage to the occupations prohibited to children under fourteen. Still

another bill has passed in Tennessee, enlarging the Factory Inspection

Department by adding a clerk and two deputy inspectors. The matter of

enforcement has not received as wide consideration as it deserved.

Industrial commissions are under discussion in many states, notably

California and Ohio. In Iowa it is proposed to create within the Labor

Department a bureau of women and children. Montana’s educational bill

would provide for truant officers to enforce the child labor law. In

Wisconsin a bill is pending covering some details of the issuing of

employment certificates and in Utah it was proposed to increase the

number of inspectors. Most important in this connection is the bill in

Missouri to extend the jurisdiction of the Factory Inspection Department

over the entire state (it is now confined to cities of 10,000 or more

inhabitants) and to abolish the present fee system.

Two of the bills recommended by the New York Factory Investigating

Commission and directly affecting child labor are still pending: one to

prohibit work in cannery sheds by children under fourteen, and the other

to prohibit the manufacture in tenement houses of dolls or dolls’

clothing and articles of food or of children’s or infants’ wearing

apparel. Other bills recommended by the commission and already passed

and signed standardize the issuing of employment certificates throughout

the state; give the commissioner of labor power to inquire into the

thoroughness of this work as carried on by local health officers;

provide for physical examination in factories of children fourteen to

sixteen. This last provision promises to be better than the present

Massachusetts law because it permits the cancelling of employment

certificates of children whom the examination reveals to be physically

unfit for factory employment. Following the recommendation of the

commission the present Legislature has also reorganized the Labor

Department, established an industrial board, increased the number of

inspectors and extended the jurisdiction of the Labor Department to

cover the enforcement of the labor law concerning women and children in

mercantile establishments in second class cities.

In a few states there is a fair record of progress in the legislation

already enacted this year. New Jersey and Indiana have brought their

educational requirements and provisions for working certificates up to

the standard of the uniform law. Vermont has established a nine-hour day

and Rhode Island a ten-hour day. The Vermont law also does away with the

twelve year limit in certain occupations and substitutes the provision

that

“A child under sixteen years of age, who has not completed the course

of study prepared for the elementary schools shall not be employed in

work connected with railroading, mining, manufacturing or quarrying,

or be employed in a hotel or bowling alley, or in delivering messages,

except during vacation and before and after school.”

Along with this the law has an absolute fourteen-year limit in “mill,

factory, quarry or workshop, wherein are employed more than ten

persons.” In North Carolina a bill was introduced with a fourteen-year

age limit and a prohibition of night work, but the age limit was

immediately amended back to the old thirteen (twelve for apprentices),

the increased appropriation for inspectors was cut out, and only the

night work prohibition was passed. The Child Labor Commission in

Delaware drafted a bill based on the uniform law, which, in a much

mutilated form, was finally passed and signed.

Only a few backward states show no progress whatever. Georgia defeated a

child labor bill last summer. Alabama has no legislative session until

January, 1915. The Florida Legislature has just convened and a bill

based on the uniform law will be introduced. No child labor bill was

introduced in South Carolina but a compulsory school attendance law was

passed by the Legislature, only to be vetoed by the governor. The House

passed it again over the governor’s veto, but it failed in the Senate by

two votes. In New Hampshire, the only northern state with a general

twelve-year age limit, a bill providing for a fourteen-year limit has

been unanimously reported to the House and there seems to be a good

chance of passing it.

The National Child Labor Committee is watching the situation and helping

where it can in these campaigns. It hopes to report many more victories

when the legislative season closes. Meanwhile it appeals to the citizens

in every state to aid in the enactment and the enforcement of these

laws.

The Survey, Volume 30, Number 3, Apr 19, 1913 · 第 3 / 81 题