our young people most of the activities usual in the schools. The
smaller boys are organized into school and military companies. Each
company assembles in the school-rooms, on the fifth floor of the store
building, two mornings in the week, where regular instruction is given
in arithmetic, grammar, spelling, writing, composition and singing. On
two other mornings they have the setting-up exercises and drill of the
school of the soldier, with some other physical culture features. The
boys elect their own military officers, save, of course, their chief,
and these officers become successful disciplinarians, retaining well the
respect and obedience of their companies. A very successful fife, bugle
and drum corps, composed of the boys themselves, is a feature of this
branch of their organization. As fairly indicating the standard of these
special activities, let me mention here that this fife, bugle and drum
corps has twice marched at the head of the combined Boys’ Brigades of
Philadelphia, and has been pronounced the best junior organization of
the sort in the city.
Our girls have their school organization, also, each division having two
mornings in the week. The branches taught are those above mentioned and
also business correspondence, stenography and typewriting, and
bookkeeping. Attention is given to singing and physical culture, while
an elocution class and a mandolin club are successful outgrowths of this
branch of the store school.
The older boys, in number about three hundred, have supper in the store
and remain for their school, two evenings in a week. The branches taught
are arithmetic, spelling, writing, commercial correspondence, English,
stenography, bookkeeping, metric system, mechanical and free-hand
drawing, rapid calculation. Military and gymnastic training are given,
and as outgrowths of the school are a club for debate and literary
exercises, an orchestra, a field music band, a mandolin club, a glee
club, an elocution and dramatic class, and a minstrel troupe. Monthly
report of the standing and progress of each pupil is made to the
parents.
Each of these three branches of the store school has its separate annual
commencement exercises conducted similarly to those of other schools and
not falling below the latter in general merit. Association Hall has been
used in later years for this purpose, but is now much too small for the
gathering of the parents and friends interested. Certificates (they call
them diplomas) are given to the graduates, but these papers have double
significance. They testify to the attainment of a certain standard in
the school-work proper and also to the actual number of years of
satisfactory service in the business, with promotion from the Cadet
Corps to a position in the regular ranks of some one of the store
departments—equivalent to a stepping out of the ranks of the business
boy or girl into those of the business man or woman.
These graduates have organized themselves into Alumni and Alumnæ
Associations and maintain their fellowship, principally in social, but
partly in educative work. The school button or pin and the alumni pin
prove that these young folks are quite as human as those of other
schools and colleges. The standard of class-work done, while perhaps
less in quantity for the same length of time, does not, in quality, seem
to fall below the standard of other schools. The business training, the
business authority and the fact that excellence in school-work is also
an important element in business promotion, all give the teacher an
advantage, and the scholar an incentive greater than in ordinary
schools, and these substantially offset the disadvantage of shorter
class-hours. With justifiable pride we call the schools, collectively,
the “J. W. C. I.,” “John Wanamaker Commercial Institute.” The “Junior
Savings Fund” is another feature of the young people’s organizations of
the store, largely taken advantage of and helpfully stimulating to
habits of care with money. A summer camp, the outfit for which is owned
by the boys, provides for the vacation of many.
The results are very manifest. Jacob Riis says, “the small boy is a
boiler with steam up all the time, and if authority sits on the
safety-valve there is bound to be an explosion.” We have but few
explosions. There is so much of varied and interesting demand upon his
activities that our future business man has but little time to scheme
out mischief and practically no surplus steam to explode. The incentive
to faithful doing of his best is strong. Participation in the actual
work of the business daily is the broadest end of school-work. Beginning
early and with awakening interest and ambition, the children are in less
danger of developing wrong habits, temptation to dishonesty, a sullen or
resistful spirit toward those in control, and many another cause by
which a naturally well-equipped child fails to fulfill the promise of
his childhood.
While children here are children still, yet I know not of an equal
number of young people gathered together with an equal standard in
present character and ability and promise of future success and
usefulness. As would be supposed, such care in the early training of the
young people necessarily and naturally carries with it the advancing of
these people as the years go on, so that what is practically a system of
civil service promotion has resulted, and the higher positions are
continually filling with those who have grown up in the business from
childhood.
To be sure, it often happens that a young man, having made himself fit
for a larger position than is open to him at the time in this his
business home, goes out with our approval to some other establishment
which needs a chief and bids for him, but, on the other hand, it is true
that no young man or woman, having won a foothold in the regular store
service and continuing faithfully to do his or her best, need look
elsewhere for advancement or a business future.
Sometimes these changes to other service are invited before we think the
young man or woman fully qualified, and in any case much is risked in
the search elsewhere for sudden and uncertain advancement.
From these conditions develop three important features of modern
business life: First: A fair equivalent for the apprentice system still
so strong in the Old World, and for want of which our young business men
and mechanics have suffered in comparison with Old World competitors, in
point of thoroughness and detail knowledge; second: civil service
promotion; and third: service and disability pension.
May I presume further upon your patience with an additional question or
two? Are we prepared to say that better results than these I have tried
to indicate are observable in those trained solely in academic courses?
It is too large a question for me to attempt to answer. An answer is,
however, suggested by R. T. Crane in a pamphlet issued in 1901 in
Chicago, entitled “An Investigation as to the Utility of Academic
Education for Young Men Who Have to Earn Their Own Living and Who Expect
to Pursue a Commercial Life.” Mr. Crane comes, among other conclusions,
to this: “The truth of the matter is that, when it comes to considering
an applicant for a position, few of these gentlemen (employers in
various lines) will be found to pay any attention to the amount of
knowledge he may have of Greek, Latin, literature, etc., or care a straw
about the mental drill and discipline or the well-rounded character that
he may have acquired through a course at college. What they are
particularly interested in knowing is whether he understands their
business and can promote it. This is all that has any weight with them
in the selection of help.”
And further, “The great majority of our strongest and most successful
men in the country to-day came from farms and villages and obtained very
little education.... In my opinion, few of them would have been anywhere
near so successful in business had they gone to college, for their
success was largely due to the fact, which was impressed upon them in
the early part of their career, that they would have to struggle if they
expected to succeed.
“I feel quite sure that if the men who have been successful in business
were asked whether they regretted starting in business at the time they
did, in place of going to college and taking the chances of afterward
being able to gain the success which they have achieved, all would
answer in the negative.... I think it can be safely said that the great
men at the head of our railroads are the strongest business men the
world has ever produced, and so far as I have been able to ascertain,
not one of them is a consistent believer in college education.
“Certainly none of them have expressed in their letters any regret on
account of not having received such education themselves.
“On the contrary, Mr. Roswell Miller remarks that he spent one year in
college, and considers it fortunate that he did not spend more.”
Without depreciating the value of a college course, our business
experience tends to the conclusion that men and women trained up from
youth in the business are the most successful; that length of service,
with its unconscious absorption of and self-adjustment to the principles
and needs of the business, will carry a given degree of natural capacity
to a higher point of efficiency and success than an originally greater
degree of capacity will be likely to reach by the shorter road of
business training begun in maturer years.
I am aware that business success is but a partial test of true
education, and my mark is missed if I seem to have set up that as my
test alone. Perhaps from the unfavorable conditions of child labor in
the past, has arisen the assumption that to work for wages in early
years is necessarily a misfortune to the child, and, until now at least,
the instinctive choice of parents is for long years in the schools. But
as time brings to working men and women improved conditions, shortened
hours, higher standards of intelligence, increased rate of earnings, may
not a proportionate bettering for the child bring conditions so normal,
to the best education and development, as that labor in the real world
of business or trade will accomplish more, and more desirably, for the
child that which is striven for in business and trades courses of the
schools?
Modern educational methods have carried much of the shop and
counting-house into the school-room, while but little in the reverse
order has been accomplished, at least in this country. Pennsylvania
State law has done little more for the child than to forbid his being
employed in manufacturing or mercantile establishments before the age of
thirteen, and thereafter to surround his employment with some safeguards
against danger to life or limb. But considerably greater progress has
been made in Germany. Some present here will recall a paper read in this
room by our Consul at Chemnitz, the Hon. J. C. Monaghan, on “Industrial
Education, a German Example.” Mr. Monaghan tells of industrial schools
established in manufacturing districts for the benefit of the workers of
the factories, where the law requires so many hours in the week to be
spent in these schools by the younger employees, who thus combine the
practical of their business with the theoretical of their school. I
quote from Mr. Monaghan: “I have had exceptional opportunities during
three periods, since the war of 1870, of investigating the industrial
progress of Germany, and to make what might easily be a long story
short, I may say it is due mainly to education. When you are building a
house, you begin with the foundations. When you are building up a man,
you begin with the child. Germany a century ago, after its exhaustion
and humiliation caused by the great wars, fixed the foundation of its
new life and development on the rock of education. The country was poor,
its people could only exist by hard work, and their education was
organized so as to help them with their work.... Germany has a system of
further-developing schools, and industrial art schools, so close to the
people that they aid the trades and industries in such a way as to
commend themselves to all parties concerned therewith. Education in
Germany is compulsory. After graduating from the public schools (or
leaving the public school, for reference here is to the lower grade
schools which boys leave at fourteen or fifteen for work, as they do
with us at thirteen) and entering upon an employment, they are not only
expected but compelled to attend these further-developing schools for a
period of three years. They go two or three times each week, sometimes
on Sunday. They are developing the scientific side, if one may put it
thus, of the trade or business with which they are connected.” Here,
then, is the child at work and yet the school brought to him. But a step
further brings to him also those branches of study usually associated
with the school alone and suggested more by the liberal than the
strictly business and trade view of education. Instead, then, of
commercial and mechanical work in the school of the schools, we have
school-work in the school of actual commerce and industry, in the store
and factory.
And shall we say that this reversal of the older plan may not have a
wise and lasting place in educational life?
Is the labor of the store, shop or office more truly educative when
imitated in the class-rooms of commercial and trade schools, than when
done in course of actual business? Do not the labor and experiences of
business life, with their real responsibilities, their unartificial
rewards and retributions, their contact with men in real life, do all
the former can do and much more? Certainly the real thing done in
business or shop, and shaped and regulated to serve the ends of the
world’s actual economic life, must have an educative advantage above the
like thing theorized over in the school-room; while of unquestionably
great value is that further reward which the school of actual business
gives to its pupils, namely—a knowledge of men and affairs, confidence,
judgment, association with practical workers at the centre of the
world’s daily life.
Keep the children young, we are tempted to say as we see them in our own
home circles. A dangerous plan! Rather, let the children learn what they
must, of the best masters, and as their years are able! So wise and
devoted a parent as Lord Chesterfield wrote his young son: “Do not
imagine that the knowledge, which I so much commend to you, is confined
to books, pleasing, useful, and necessary as that knowledge is; but I
comprehend in it the great knowledge of the world, still more necessary
than that of books. The knowledge of the world is only to be acquired in
the world, and not in a closet.” “Happy the man who, with a certain fund
of parts and knowledge, gets acquainted with the world early enough to
make it his bubble, at an age when most people are the bubbles of the
world, for that is the common case of youth.”
If, then, the commercial and trades training, the business or manual, or
whatever the course be called, can be found in actual commerce and
trade; if a sufficient degree of scholastic education can there be
added, and if with this the maturing man or woman shall gain a higher
degree of technical skill and a safer knowledge of men and affairs, does
not the plan of the school in business best meet the educational problem
for at least a majority of childkind? Answer as you may for present or
future, this is true now—that child labor in the Wanamaker store means
education, physical, scholastic, commercial; development in character,
fitness for intelligent work, and fitting into a place in the
bread-and-butter belt of the world; an open path and a helping hand to
the career of the man or woman who shall add a due part to the sum of
life and win the crown fashioned by the Great Father for each of us, His
children, who finds his duty and does it.
DISCUSSION.
“Q. Has the store any difficulty in keeping out boys under thirteen?
“A. Practically no difficulty. I have no doubt the truth is stretched
occasionally and those not yet thirteen brought in, but there must be an
affidavit as to age, and few of the class of people from whom our
employees are drawn are willing to swear to a lie in order to secure
earlier employing of the child.
“Q. Is there a physical examination, a physician in charge?
“A. There is no physical examination other than that which the eye of
the employer can give. The first weeks or months of the boy’s service,
or girl’s, develop the fact whether physically, mentally and otherwise,
the child is suited for the business.
“Q. How long has this system been in operation?
“A. I think it was six years ago that we began with the school for cash
boys. It was some two or three years before that the initial step, out
of which all the rest has grown, was taken. The plan arose originally
from a recognition of the fact that the young people who came into the
store were not sufficiently looked after. They were apt to be lost sight
of, as distributed in the various departments, and when the busy season
passed and some reduction in the force became necessary, the department
head was often not far-sighted enough to consider that the small boy now
would be his best man in the years to come. It was the recognition of
this fact that led to the beginning of the plan of which the first step
was merely the placing of the smaller boys of the establishment under
one head. All the other steps came one by one, as our experience led to
them.
“Q. You referred to the fact that your experience had shown that college
training was not useful in business career. Are there many college men
in your departments, or are you able to find that out?
“A. I did not give this as our own experience and conclusion, but was
quoting that of others as given in the pamphlet of Mr. Crane’s, to which
I referred, and which contains my answer to a letter from him. Mr. Crane
sent letters to representatives of various establishments, asking that
question. So far as I can recall the answer, it was that we were unable
to say exactly, but taking such departments as required salesmen,
bookkeepers and so on (that is, dropping out the delivery and packing
rooms, where the more highly educated would naturally not be found),
aggregating some five hundred and fifty men, we found twenty-six who had
had either a full or partial college education. It is not our custom to
inquire as to the college education. The difference in the success of
the college-educated man and the one not so educated has not, in our
experience, been sufficiently marked to make that a point of distinction
in engaging the rank and file of our men, although in the man of college
education we naturally look for quicker progress or brighter mental
work.”
THE NECESSITY FOR FACTORY LEGISLATION IN THE SOUTH
By HAYES ROBBINS
Dean, Institute of Social Economics, New York
The keynote that needs to be struck in the child labor matter, South or
anywhere, is not “hands off,” but hands on. It is fortunate for social
progress that the point of view of modern economic thought has drifted
so far away from the old-school doctrine of non-interference that we can
take hold of a problem like this to some robust, practical purpose,
without becoming intellectually disreputable; and the reason why this is
fortunate is that right here factory legislation has met its bitterest
opposition, ever since the first child labor act in England, in 1802.
The doctrine that cheapness is the all-sufficient goal of economic
progress, the only economic fact of any possible interest or concern to
the laborers, has been a corner-stone in political economy. Only within
recent years has the idea begun to dawn that an adequate theory of
economic welfare must include the interests of the citizen as a producer
as well as a consumer; that the conditions under which the man works,
and his opportunities of enjoying the fruits of his labor, are quite as
vital to his happiness as the price of potatoes or beef or clothing. It
is clear, now, however, that cheapness, important as it is, must come,
and in the long run can only come, through more effective utilizing of
natural forces, by invention and machinery, not through the overworking
and social degradation of labor; and the great enlightening circumstance
on this point has been the fact that the whole price-cheapening trend of
our modern industrial era has come hand in hand with increasing wages,
diminishing hours, and restrictions on the labor of women and children.
In respect to child labor alone, the progress of protective legislation
has been extraordinary. England has had a half-time factory and school
law for children of nine and over since 1844, the half-time age having
since been raised to eleven; and a fourteen-year age limit for full-day
work since 1874. In Germany the limit for full-day work is fourteen
years, and for any factory work at all thirteen; in Holland, Belgium,
France, Austria, Norway and Sweden it is twelve; in Russia fifteen,
half-time being allowed from twelve up. In Switzerland it is fourteen;
in Denmark fourteen, with half-time allowed from ten up; and even in
Italy child labor under nine years is absolutely prohibited.
Here in the United States, at the beginning of 1899, when the last
complete compilation on the subject was made, there were limitations on
child labor in thirty-four states and all the territories. To select for
comparison our greatest manufacturing states, as showing most clearly
the possibility of prosperity without child labor, the limit under which
such labor is prohibited in Massachusetts, New York, Connecticut,
Illinois and Indiana is fourteen years; in Georgia no limit. In Rhode
Island fifteen and Ohio fourteen, except during school vacations, and no
work at all under twelve; in North Carolina no limit. In New Jersey
twelve for boys and fourteen for girls; in Alabama no limit, except in
mines, twelve years. In Pennsylvania thirteen; in South Carolina no
limit. Happily, the tendency is moving Southward; Missouri, Maryland,
Tennessee and even Louisiana now have restrictive laws; so that the
section specially known as the new industrial South, the home of the
Southern cotton and iron manufacturing industries, is the only place in
the United States where the idea of protecting the physical, moral and
educational opportunities of little children has made practically no
impression in statute law.
At the outset, now, of her industrial development, the South has a
unique opportunity. She can transfer to her own conditions the results
of nearly all Christendom’s experience in humane factory regulation,
without having to suffer over again the hardships and struggles this
progress has cost. I do not mean to imply that all such legislation has
worked to perfection, without evasion or hardship; but the vast
improvement over no legislation at all indicates the soundness of the
effort and points the line of further reform. Those who have not yet
even made a start ought not to be frightened out of a beginning because
the others still have something more to do.
The Japanese are a case in point. They are now reported to be sending
students abroad to study modern labor legislation, with the object of
applying it to their own oncoming factory system at the beginning,
recognizing that it is as inevitable as progress itself. Russia, even
Russia, has already done this. Surely the new South does not need to go
to school in Russia and Japan.
It seems hardly necessary to prove the importance of doing something.
Bare statement of the admitted fact that children of eight to twelve,
and even younger, are working in the mills through the industrial South
tells the story, and ought to be sufficient. Personally, I have seen the
child labor system in operation in North and South Carolina, Georgia and
Alabama, and gathered some vivid impressions; have seen scores of little
people working in the dust and din of the spinning-rooms, seen scores of
others on their way to the mills before daylight, who would not come out
until after dark, the hours of labor ranging from eleven to twelve; have
been in the homes of these people and learned something of how they live
and the wages they receive. For example, we brought back from the South
some 154 weekly pay envelopes for both adults and children, collected
from operatives’ families in one of the best sections, and nearly 100 of
them are for less than $1.50 each, per week, the average in most cases
ranging from ten to thirty or forty cents a day; only older children
earning the latter sums, however.
In other words, low as the wage rates are, the _actual earnings_,
especially of children, are much lower. This is due partly to absences,
partly to constant deductions of all sorts, for faulty work, rent, money
advanced, car-fare advanced to get them down from the mountains or in
from the country to the mills, and what not. In forty-four out of the
154 envelopes, these deductions exactly cancel the entire amount of
wages due. Let me cite three or four specimen cases, omitting names. One
envelope, repeated two or three times, shows wages for the week $1.00,
rent seventy-five cents, balance twenty-five cents; another, wages
$1.20, tin cup five cents, transportation $1.15, balance nothing;
another, wages $3.00, rent $1.40, loan $1.00, balance paid sixty cents;
another, wages $1.50, transportation $1.00, balance fifty cents; and so
on.
It is impossible to state with exactness the number of children under a
given age, say fourteen years, employed in Southern factories. The
Federal census does not cover this point, and only one Southern state of
the group under consideration—North Carolina—makes any provision for
collecting and publishing industrial and labor statistics. Close
approximation to the facts of the general conditions, however, is not
very difficult. It appears from the latest report of Commissioner Lacy,
of the North Carolina Bureau of Labor, that about 7,600 children under
fourteen years of age were employed in 261 mills in that state. The
Federal census bulletins on manufactures, now being issued, show the
total number of employees in the cotton manufacturing industry in the
five Southern states where any important amount of cotton manufacturing
exists; and for North Carolina the total in 1900 was 30,273 operatives.
In other words, more than one-third of the total number of operatives in
the cotton mills of that state are children under fourteen years of age.
In South Carolina the total number of operatives in 1900 was 30,201, in
Georgia 18,348, in Alabama 8,332, in Mississippi 1,675, the total for
the five states being 88,829. Estimating the same proportion of child
labor throughout the entire group (and this is entirely legitimate,
since North Carolina conditions are even better than in some other
manufacturing sections in the South), it would appear that there are
more than 22,000 children under fourteen years of age in the cotton
mills of these states. On this basis, it is a conservative estimate to
say that at least eight or ten thousand of these children are under
twelve, while the lower extreme of the age limit is down even to the
almost unbelievable point of six years; the fact being well established
that children as young as six to eight and nine years are to-day working
in some of the Southern mills.
Remember, along with this, the fact just observed in the case of our
Northern states and European countries, where legislation on child labor
exists, that fourteen years is very nearly the average age under which
factory labor is prohibited altogether. In other words, the absence of
any restrictions in the South means that fully one-third of all the
operatives are younger than the age standard established by the forces
of humanitarian opinion and wise statesmanship throughout the larger
part of Christendom.
The amounts earned by the children in Southern mills would not be
necessary to the support of the families under any proper system of
factory regulation. The economics of the situation would inevitably take
care of that. If the labor of the children is not available, the mills
must employ older help, and in order to get such help must pay wages
sufficient to maintain the families, including the children. This is how
the matter has adjusted itself wherever child labor has been restricted,
and of economic necessity it must be so. The difference in labor expense
involved has never yet been sufficient to hamper industrial activity or
drive capital away from any industrial section, and, so long as
competing groups are not permitted to gain a permanent advantage by the
wholesale use of child labor, it never will.
The lack of restrictions on child labor makes possible also that
semi-barbarous institution of night work. Where all the family work by
turns in the mill, the results are shockingly demoralizing. Just as a
side-light on one phase of this system, let me quote a paragraph from a
discussion of factory evils in the South, just published this month, by
Rev. J. A. Baldwin, of Charlotte, N. C., a special student of these
problems. Where part of the family work by day and part by night, he
says:
“The mother has to get up at 4:30 in the morning to get breakfast for
the day hands, so they can be at the mill at six; then the night hands
come and eat about seven. She has to have dinner for the day hands
strictly at twelve. The night hands get up and eat from four to five, so
as to be ready to go to work for the night at six; she also gives them a
lunch to be eaten at midnight. Then the day hands get out at six and
have supper about seven. Besides this, there is house-cleaning, washing
and ironing, sewing, and often the care of little children.... The mills
usually run sixty-six hours per week at night; that is, the operatives
work twelve hours from Monday night to Friday night inclusive, and on
Saturday get up about two o’clock (before they have had enough sleep) to
go to work at three. They then work till nine, at night. As a matter of
fact it is usually ten or eleven when they get out.
“Night work is much worse in summer than in the winter. In the winter
they go to bed, cover up and sleep soundly. In summer it is difficult to
sleep on account of light, heat, flies and noise. In summer, while they
usually go to bed, it is a very familiar sight to see them lying across
the bed with their work-clothes on, or on a pallet in the passage or on
the porch. Their sleep is fitful and unsatisfying, and they never feel
bright and fresh from the beginning to the end of the week. They furnish
the most favorable conditions for the development of physical,
intellectual and spiritual disease germs.”
The children of factory families in the South to-day have no protection
against this. Night work for women and children ought to be absolutely
prohibited. It is, almost everywhere else, even in Russia. This would
practically force either the employment of men only in night work, or
else its abolition altogether. I would not deny that there may sometimes
be good economic reasons for night work, at least in rush times, but it
should be done by men if at all, never by women and children.
Nobody is urging any step that threatens to destroy Southern mill
profits, but it must be insisted that there is another way to secure
profits than the way of using child labor. Scientific improvement of
industrial methods is the only sure and safe road to permanent
prosperity, and it would not seem that the South has much to fear when
the great bulk of the most prosperous industry in Christendom is being
conducted under more or less advanced forms of factory regulation.
Furthermore, nobody need or ought to urge legislation as the remedy on
the ground that Southern manufacturers are all indifferent and inhumane.
Legislation is urged simply because it is the most uniform and least
costly method the South could of its own accord adopt. Southern
manufacturers are no more types of hardhearted callousness than are
manufacturers anywhere; they have all been opposed to factory
legislation at one time or another, under the influence of mistaken
economic doctrines. I do not know, but would risk it, that scores of
Southern manufacturers would be glad to see these evils abolished in
their own mills if they could do it without immediate competitive
disadvantage with all the rest. Here comes in the advantage of
legislation, that by establishing the same conditions and opportunities
for all, it imposes no special relative handicap on any.
Moreover, and here is one of the saddest features of all, the fathers,
sometimes even the mothers, are among the worst offenders in this whole
matter. I have seen cases, and there are others in abundance, where the
wife and children practically earn the family living in the mill, while
the father thoughtfully carries in the dinner-pail at noon, perhaps
working a little on odd days when he gets tired of loafing. We cannot
altogether blame the manufacturers when these people are fairly urging
them to take on the children in the mills; and we need to remember also
that to most of these unfortunate people factory life is a distinct
improvement over the log-cabin, salt pork and peach brandy, white-trash
and Georgia-cracker type of life from which many of them were sifted out
when the mills came. The manufacturer knows this, and it is not
surprising that he should even think himself something of a
philanthropist, just in furnishing mill jobs on almost any terms. He
does not see as yet that when these people drift down into the factory
centres they become industrial, social and political factors in an
altogether new and more serious sense than they ever could be while
burrowing in the mountain sides.
To have practically all of the next generation of factory operatives
growing up stunted in body and mind, and nearly all of them illiterates,
in a section of the country where the general average of illiteracy is
already appalling, is a matter of the gravest concern. Southern
manufacturers sooner or later will have to recognize this fact, and its
impending consequences. According to the 1900 census statistics just
appearing, the proportion of illiteracy among males of voting age, white
and black together, was, in Alabama 33.7 per cent, in Georgia 31.6 per
cent, in Mississippi 33.8 per cent, in North Carolina 29.4 per cent, in
South Carolina 35.1 per cent; as compared, for instance, with 6.4 per
cent in Massachusetts, 6.8 per cent in Connecticut, 9.2 per cent in
Rhode Island, 5.9 per cent in New York, 6.9 per cent in New Jersey, 7.7
per cent in Pennsylvania. The South simply cannot afford to permit the
processes to go on that are adding fresh groups every year to its grand
total of illiterate and unfit citizens. In the face of the present
situation, if a new race of degenerates, brought up in exhausting toil,
dense ignorance, and exposed to all the temptations of an unprotected
environment, is to be developed now in the fast-growing centres of the
new South, they are certain to form a social and civic and economic
menace to the community.
This will be true not only of the South; the matter is coming to have a
national significance. Within the limits of any one interdependent
industrial group, like the United States, there must be at least some
general approach to uniformity in the working conditions of the
laborers, by given lines of industries. Differences in competitive
success must come from differences in managing ability, quality of
plant, or natural environment, not from different standards of decency
in the use of labor. If long hours and child labor become the fixed
conditions of success, the whole field of competing industry must
eventually come down to that basis. A competitive influence which works
for the undermining of higher standards of living, wherever established,
is a matter of universal concern. In a democracy, no condition is safe
which offers a competitive advantage to anything that leads toward
ignorant, inferior citizenship. It is not safe anywhere, whether in
Southern mill villages or Northern city slums, because to make
degradation profitable in any quarter sets the current of tendency that
way, with demoralizing effect.
That is why it is not meddlesome interference for American citizens not
of the South to have a concern about this matter, from the broad
standpoint of national welfare. The real test-point of permanent
progress and prosperity, affecting the nation as well as the South, is
not the size of profits in Southern mills in the next five years, large
as we hope they may be through all proper means; but it is the quality
of Southern citizenship in the next five generations. That citizenship
is now in the making, and now is the time of times to safeguard its
development. Such action will be good economics, good morals, good
humanity. For the South, it is an inspiring opportunity.
CHILD LABOR IN NEW JERSEY
By HUGH F. FOX
President New Jersey State Board of Children’s Guardians
For the discussion of child labor in New Jersey there are no official
data in which reliance can be placed. The reports of the State Bureau of
Factory Inspection are conclusive evidence of the incompetence of the
inspector and his deputies. The State Charities Aid Association has
recently analyzed the report of the Bureau for the year ending October
27, 1900, and has published the results in the New Jersey _Review of
Charities and Corrections_,[16] and it is shown that out of a total of
6,014 factories and bakeshops which were discovered by the Bureau, no
less than 1,543 were not visited at all, and yet the department reports
favorably on 5,862, indicating that 1,391 were reported favorably, but
not visited. According to the 1900 census, however, there were in New
Jersey 8,308 factories proper (excluding hand trades), and 1,485
clothing establishments, excluding families working in the tenements.
The factory inspectors also report on 1,185 bakeries, so that there
appears to have been a total of 10,978 establishments which it was the
duty of the inspectors to visit.
The factory inspectors found 5,968 children under sixteen in the 6,014
establishments which they reported; an average of about one child to
each establishment. Of these they ordered only fifty-nine children
discharged during the year. The census reports an average of 8,042
children under sixteen, employed in manufacturing establishments alone,
during the year. Attention should be directed, in this connection, to
the difference between the duties of a census taker and a factory
inspector. The former furnishes a blank schedule to the manufacturer,
which he fills out at his own discretion, without any verification on
the part of the census taker. In short, the census agent takes what is
given him by the employer, and his interest in the matter is entirely
perfunctory. The factory inspector is, however, supposed to make his own
investigation and get his own evidence, though it is generally believed
that in many cases he contents himself with a visit to the office only
and a polite exchange of social amenities with the employer. While the
factory inspector is expected to take a personal interest in his
figures, it involves a lot of extra work for him and serious trouble for
the employer, if the latter is so thoughtless as to inconvenience him by
entering into embarrassing particulars in regard to children. In some
instances it is reported that the inspector apprises the factory owner
of his intended visit beforehand, the children being given a holiday in
honor of the occasion.
The New Jersey laws prohibit the employment of boys under twelve and
girls under fourteen, “in any factory, workshop, mine or establishment
where the manufacture of any goods whatever is carried on.” Children
between the ages of twelve and fifteen must have attended school for
twelve consecutive weeks (or two terms of six consecutive weeks each)
within the twelve months immediately preceding their employment.
Children under fifteen must procure a certificate from their teachers
giving full particulars as to attendance, etc. The report of the
Department of Factory Inspection does not indicate how many of the 5,968
children, under sixteen, are over the age of fifteen, but of the total
number of children, only 1,343 were required to produce school
certificates. It seems hardly possible that 4,625 of the children
employed were over fifteen years of age.
The inspectors have the power to prohibit overcrowding in factories and
workshops, and to demand a certificate of physical fitness from some
regular practicing physician in the case of minors who may seem
physically unable to work. Apparently this gives the inspectors power to
prohibit the employment of any girl under eighteen, or boy under
twenty-one, who cannot obtain such a certificate, but it is evident from
the report of 1900 that this power has not been exercised.
The law prohibits the employment of any child under sixteen “at any work
dangerous to health, without a certificate of fitness from a reputable
physician.” The meaning of this is somewhat ambiguous. Is the physician
to certify to the condition of the child or the healthiness of the
occupation? Who is to decide as to whether the work is dangerous to
health? The questions are, however, entirely speculative, since the
factory inspectors have done nothing to indicate any anxiety to put the
matter to the test. It does not seem to have occurred to the inspectors
that their power to set a standard of physical fitness for children
really removes their chief difficulty. At a recent hearing before
Governor Murphy, Inspector Ward pleaded that there were many
difficulties in the way of enforcing the laws, his department being
confronted with sworn affidavits of parents that their children were
over the minimum age of twelve years, while the children themselves are
taught with threats never to admit that they are under twelve years old.
The test of physical fitness is really much more important than that of
age, and the power to apply it gives the factory inspector the whip-hand
over both the child’s parent and the employer. It seems strange,
however, that nothing has been done in this country to define fully the
dangerous trades or occupations. The British Parliament appointed a
committee some years ago on “Dangerous Trades and Diseases of
Occupations.”[17] The report of this committee established the fact that
lead poisoning is rampant in the potteries, that phosphorus necrosis is
common in the match factories, and that naphtha fumes in
rubber-manufacturing results frequently in premature aging and
paralysis. Among other specially unhealthy occupations may be mentioned
glass-making, printing, cutlery, silk-mills, hats, pearl buttons and
tobacco. What Mrs. Kelley said in 1896, at the National Conference of
Charities and Correction, is equally true to-day:
“The physical condition of working children has never received
attention, so far as I know, in any systematic way. There are some
desultory provisions in the New York and Illinois factory laws which
show there is a dim consciousness in the law-making mind that children
may be put at work beyond their strength, unless there is supervision of
them by some state officer. But these provisions are so loosely drawn
that they are nugatory. The Illinois inspectors are urging upon the
Legislature the necessity of adding to the staff a physician who shall
give her whole time to the care of the children. There is, at present,
no such material available as such a physician could furnish, upon the
condition of the children, except the records of measurements made by
two volunteer physicians for the inspectors, in 1893 and 1894, covering
about 200 children, taken from the factories and workshops of Chicago.
These records, published in the Factory Inspectors’ Report for 1894, are
startling in the proportion which they show of undersized, rachitic,
consumptive children at work. They are, however, so limited in number
that their principal value lies in indicating the wide field open for
investigating the working child as compared with the school child. What
they show, comparatively, is that the stature of the working child is
far less, upon the average, than that of the city school child. The
child study of the past ten years bears out the assertion that stature
in children is indicative of general development, physical and mental.”
The New Jersey Factory Inspectors have the power to call upon the public
authorities to furnish truant officers, who are required to act under
their direction. But this law is also a dead letter. So too is another
law which was passed to regulate the sweat-shop evil, and provides that
“No person, firm or corporation shall hire or employ any person to work
in any room or rooms, apartment or apartments, in any tenement or
dwelling-house, or building in the area of a tenement or dwelling-house,
at making, in whole or in part, any coats, vests, trousers, knee pants,
overalls, cloaks, furs, fur trimmings, fur garments, shirts, purses,
feathers, artificial flowers or cigars, unless such person, firm or
corporation first shall have obtained a written permit from the factory
and workshop inspectors, ... which permit may be revoked at any time
that the health of the community or of those employed as aforesaid may
require it, and that such permit shall not be granted until due and
satisfactory inspection of the premises affected shall have been made by
the said inspector.” By a recent act, overcrowding in tenements or
rented rooms is punishable at a fine of $25.00. Each adult must have 300
cubic feet of air; each child under twelve, 150 feet.
Public authority is thoroughly aroused on the whole question of child
labor in New Jersey, and some interesting facts are coming to light. The
trades unions are taking the matter up, in several directions, and the
searchlight of the press is trained on several of the leading
industries—notably the glass factories of South Jersey, the silk and
textile mills of Passaic county, and the various tobacco and cigar
factories which are scattered over the state. It is stated that each man
employed as a glassblower is required to furnish a boy as a “helper,”
and that a combination of the padrone system and veritable child slavery
exists. Incidentally it has been developed that many boys have been
placed in the families of glassblowers by private child-placing
societies and orphan asylums of New Jersey and Pennsylvania. It
furnishes a striking argument for the public oversight of child-caring
agencies. Here are a few letters from local cigarmakers’ unions:
NO. 101, ELIZABETH.—“We have Mr. Hilson’s machine cigar manufactory
here, employing about 300 or 400 hands, all girls; about one-half of
them are under age; our union has from time to time been obliged to
see the factory inspector to remedy this evil; we informed him about a
week ago that in case he further neglects his duty the Union County
Trades Council and Cigar Makers’ Union would be compelled to see the
Governor. The leading brand they make is the “Hoffman House,” which is
done up in neat boxes, and as you can readily see they are able to
undersell all union goods, as the lowest price for union cigars made
is $8.00 per M., while they can furnish them with the girls working
for them for $2.50 to $3.00.”
NO. 230, MILLVILLE.—“There is no child labor in connection with our
trade in this locality. This being a strong union city we have no use
for the production of child labor in our trade. This union covers
Millville, Vineland, Bridgeton and Salem. No child labor in either
city in connection with this trade; you will find most of the children
employed are employed by the American Tobacco Company or Trust. They
have a factory in Camden, N. J., this being the nearest one to this
city.”
NO. 428, TRENTON.—“There is one place that employs 280, mostly
children from ten years old. We had a committee last week working on
the subject of child labor employed in this place known as the
American Cigar Trust; they say it is safe to say that the ages won’t
average over fourteen. We know for a fact that their children are not
allowed to say a word to one another while at work, if they do they
will be discharged. They claimed at one time to have over 300 at work
and have room and machinery for over a thousand, but don’t seem to get
them as fast as they thought. Our committee reported that some of
these little tots when they came out at night actually fell down from
weakness, but there seems to be no way to stop such work.
“The work that these children do costs the Trust $2.10 per thousand
for making cigars, and the low price for men is $7.50 per thousand;
the average cigarmakers will make 1500 a week of this kind of work,
and three of these children with machinery make six thousand a week.
You can imagine, when the Trust surely get their feet in it, what will
become of cigar-making.”
Many of the children in the glass works and in worsted mills are said to
have been employed on “night shifts.” If the children in state
reformatories were worked half as hard as the children in the factories,
there would be a perfect storm of indignation. There is, however, a
general awakening, and the leading papers in Newark, Paterson, Passaic,
Hoboken, Jersey City, Trenton, Camden and other cities have taken the
matter up vigorously. The Governor has announced his determination to
make the inspectors devote their entire time to their duties, in
accordance with the law just passed, instead of spending their odd
moments only in inspecting factories, as has been the case hitherto.
Good results are already apparent, and the new inspectors in Essex and
Passaic counties are making a strong effort to enforce the laws. The
latter has brought suits against several employers for the recovery of
the penalty imposed by the state for employing children illegally. There
is ample legislation in New Jersey for the regulation of child labor,
though the minimum age for boys should be raised to fourteen, and girls
to fifteen. Now that the community is informed of the evil, the
Legislature may be counted on to make an adequate appropriation for
expenses. There ought to be a lawyer on the staff of the Department of
Factory Inspection, and an effort should be made to bring the various
State Boards into co-operation in the work. It seems curious that no
reference has hitherto been made to child labor in any of the reports of
the state and local Boards of Health and of Education; nor does the
Bureau of Statistics of Labor and Industries seem to know anything of
the subject. The various departments of the government seem to be so
afraid of overlapping, that in this, as in other matters, they
studiously ignore each other.
The “Lord bill,” which was passed last session, authorizes the Governor
to appoint a woman inspector, and strong pressure is being brought upon
Governor Murphy to induce him to do so. The State Federation of Labor
has been working for the appointment of a woman inspector since 1897. It
is felt that the duties of the office involve personal qualities
possessed in an eminent degree by many women, and that a good woman
inspector would work a revolution in the department.
The following tables are given for purposes of comparison with other
states. The school census of 1900, taken by the state, gave 457,479
children of school age, the enrollment being 322,575. The number of
schoolable children is increasing from 7,000 to 10,000 per year. The
“persons of school age” in the Federal census cover all from five to
twenty years of age, inclusive. The total of them was 572,917 (282,180
males and 290,737 females). The particulars as to parentage are:
Born of American parents 271,827
Born of foreign parents in United States 226,566
Born in foreign lands 54,837
Born of colored parents 19,693
[U.S. Census, 1900.]
_Persons of School Age, 5 to 20 years inclusive, in New Jersey Cities
of 25,000 or more._
_(Showing 62.4 per cent of foreign parentage.)_
─────────────┬───────────┬───────────┬───────────┬──────────┬──────────
│ Total. │ Native │ Foreign │ Foreign │ Colored.
│ │ Parents. │ Parents. │ Born. │
─────────────┼───────────┼───────────┼───────────┼──────────┼──────────
Atlantic City│ 6,782│ 4,089│ 1,265│ 286│ 1,146
Bayonne │ 10,626│ 2,812│ 6,289│ 1,426│ 100
Camden │ 22,943│ 13,793│ 6,510│ 1,086│ 1,557
Elizabeth │ 16,229│ 5,551│ 8,729│ 1,619│ 331
Hoboken │ 18,699│ 4,463│ 11,956│ 2,258│ 23
Jersey City │ 63,495│ 21,535│ 35,271│ 5,744│ 953
Newark │ 74,897│ 25,210│ 38,797│ 9,114│ 1,789
Passaic │ 9,274│ 1,653│ 3,934│ 3,553│ 134
Paterson │ 33,170│ 8,270│ 18,655│ 5,965│ 286
Trenton │ 22,337│ 10,591│ 8,999│ 2,241│ 508
─────────────┼───────────┼───────────┼───────────┼──────────┼──────────
│ 278,452│ 97,967│ 140,405│ 33,292│ 6,827
─────────────┴───────────┴───────────┴───────────┴──────────┴──────────
Notes from the Census Bulletins Nos. 88, 89, 135 and 157 for New Jersey
(1900):
Total population of New Jersey 1,883,669
This was made up as follows:
Born of American parents 825,973
Born of foreign parents in United States 556,294
Born in foreign lands 430,050
Born of colored parents 71,352
The percentage of the New Jersey population living in cities is 70.6.
The states of Rhode Island, Massachusetts, Connecticut and New York are
the only ones which have a larger percentage of their population in
cities. In this connection it is interesting to note that New Jersey
ranks sixth in the United States in the value of its manufactured
products.
The average number of wage-earners employed by manufacturing
establishments in New Jersey during 1900 was 241,582 (12.8 per cent of
the total population), of whom 8,042 were children under sixteen years
of age.
The greatest number employed at any one time during the year was
307,933, or 16.3 per cent of the total population.
The total number of manufacturing and mechanical establishments in New
Jersey was 15,481. Of these, 11,115, or 71.8 per cent, were located in
forty-four cities and towns. The urban establishments employed 196,901
wage-earners, or 81.5 per cent of the total number employed. The list of
industries includes “hand trades.” Omitting them, the total number of
manufactures proper was 8,308.
The manufacture of textiles is the most important industry in the state.
Of these the silk factories employed 24,157 wage-earners out of a total
of 46,932 engaged in textile work.
Foundry and machine-shop products are second, with 17,918 wage-earners.
Refining and petroleum third, with 8,288.
Tobacco has 3,595, pottery 8,117, tanning 4,178, chemicals 3,048, rubber
2,609, jewelry 2,779, sewing machines 4,701, glass 5,383.
The fifteen leading industries of the State embraced 1,780
establishments, and employed an average of 117,008 wage-earners during
the year 1900.
Average number of children under sixteen years, employed in New Jersey
manufactories during the year 1900 (U. S. Census Bulletin No. 157):
Boots and shoes 192
Brass wire 65
Bakeries 64
Buttons 71
Carpets 86
Clothing 191
Cotton goods 641
Dyeing and finishing textiles 70
Fireworks 85
Foundry and machine shops 212
Canning 86
Gas and lamp fixtures 181
Glass 850
Hardware 80
Hosiery and knit goods 152
Iron and steel 65
Linen goods 316
Pocket-books 60
Pottery 193
Printing 174
Roofing 74
Shirts 50
Silk 1,199
Stamped ware 119
Surgical appliances 75
Tobacco 183
Woolen goods 187
Worsted goods 456
—————
6,177
Miscellaneous industries 1,865
————— 8,042
Comparison of the reports of the United States Census, and of the New
Jersey Factory Inspectors, for the year 1900, in regard to children
employed in certain industries in eleven cities in New Jersey:
Census Factory
Reports. Inspectors’
Reports.
Bayonne—Petroleum 21 0
Camden—Worsted goods 160 113
Elizabeth—Tobacco 0 30
Elizabeth—Clothing and shirts 9 10
Elizabeth—Sewing machines 0 22
Hoboken and Jersey City—Silk 60 60
Hoboken—Clothing 9 0
Jersey City—Clothing 3 0
Jersey City—Electrical apparatus 45 25
Jersey City—Printing 48 16
Jersey City—Soap 42 21
Jersey City—Tobacco 92 87
Jersey City—Boxes 0 44
Newark—Boots and shoes 108 0
Newark—Carpentering 65 0
Newark—Clothing 82 11
Newark—Corsets 34 17
Newark—Foundry and mechanical shops 52 0
Newark—Hardware 75 16
Newark—Jewelry 36 13
Newark—Leather 22 11
Newark—Stamped ware 116 0
Newark—Tobacco 19 35
Newark—Thread 0 100
New Brunswick—Tobacco 29 45
Orange—Hats 27 5
Passaic—Woolen goods 98 15
Paterson—Silk 832 504
Paterson—Foundries 91 0
Trenton—Iron and steel 54 0
Trenton—Potteries 118 204
Trenton—Rubber 28 47
Trenton—Bakeries 19 47
CHILD LABOR IN BELGIUM[18]
By E. DUBOIS
Professor in the University of Ghent
The industrial census of October 31, 1896, of which the complete results
have just been published[19], furnishes the most recent and the most
complete information regarding the extent of the industrial labor of
children and the general conditions under which it exists.
Upon that date, out of a total of 671,596 laborers of all ages and both
sexes, employed in the manufactures properly so called, and excluding
the domestic workshops, there were 76,147 children less than sixteen
years of age working in factories and workshops—that is to say, out of
every 100 employees eleven were less than sixteen years of age.
The child labor was found principally:
(1) In the textile industries 11,863.
(2) In the mining industries 10,167, of whom 5,516 are employed in
underground labor, and 4,651 in surface labor.
(3) In the manufacture of clothing for men and women 9,674.
(4) In the glass industries 4,429.
Among 4,681 establishments and contractors employing both adults and
children, and having at least ten employees: 1,737 (37.1 per cent)
employed less than 10 per cent of children along with adults; 1,675
(35.9 Per cent) employed from 11 to 25 per cent of children along with
adults; 821 (17.3 per cent) employed from 26 to 50 per cent of children
along with adults; 361 (7.9 per cent) employed from 51 to 100 per cent
of children along with adults; 87 (1.8 per cent) employed more than 100
per cent of children along with adults.
There are, hence, in eighty-seven establishments more children than
adults. These concerns belong chiefly to the textile industries (26), to
the tobacco industries (10), books (8), clothing (7), manufacture of
chocolate (6). One woolen mill and two dressmakers employ only children.
The statistics of the children according to age is as follows:
Number of children aged less than sixteen, 76,147—50,493 boys, 25,654
girls; number of children from fourteen to sixteen, 54,946—36,431 boys,
18,515 girls; number of children from twelve to fourteen, 20,762—13,814
boys, 6,948 girls; number of children less than twelve, 439–248 boys,
191 girls. About one-half of these children less than twelve years old
belong to the manufacture of clothing (dressmakers and cutters).
The census has succeeded in determining the length of actual labor
(recess deducted), for 61,652 children employed in the industrial
establishments, not including the coal mines. Rather more than one-tenth
of them (about 7,000) work nine hours and less. One-third (about 21,000)
work about ten hours. One-third (about 19,000) work about ten and a half
to eleven hours. One-fourth (about 15,000) work more than twelve hours.
The days of more than eleven hours are most frequent in the textile and
clothing manufactures.
Under the head of time of labor: 61,314 children (38,414 boys and 22,900
girls) work during the day only (92.99 per cent); thirty-six children
(boys) work only at night (0.02 per cent), 4,611 children (4,238 boys
and 373 girls) work alternately by day and night (6.99 per cent). The
majority of these night laborers are employed in the glass industries,
viz.: 3,262. Then comes the iron industry with 657 children, and the
confectionery factories with 447.
Regarding the coal mines, the duration of labor has been determined for
9,153 children out of 10,167. Among these 9,153 children, 7,772 work
during the day only (5,550 boys and 2,222 girls); 4,482 (3,281 boys and
1,201 girls) work ten hours and less; 2,855 (1,900 boys and 955 girls)
work ten to ten and a half hours; 308 (246 boys and 62 girls) work ten
and a half to eleven hours; 127 (123 boys and 4 girls) work more than
eleven hours; 4,827 boys and 9 girls work underground. Working only at
night are 1,357 boys (no girls); and in gangs 24 boys. Almost the whole
number of the “underground” boys work about ten hours or less, between
the descent and the ascent.
One of the great merits of the Belgian industrial census of 1896 is the
particular care which was taken in gathering exact statistics regarding
the individual wages of the whole of the working population. The
statistics of the wages of the Belgian workmen, by their completeness
and exactness, are certainly of the best existing to-day. They have
succeeded in ascertaining the wages of 70,688 young workpeople (45,577
boys and 25,111 girls).
Number of children working by the day: with wages less than 0.50 fr.,
17,229 = 24.37 per cent; 7,511 boys (of which 2,844 receive no pay);
9,718 girls (of which 6,141 receive no pay); from 0.50 to 1.00 fr.,
21,192 = 29.98 percent; 12,748 boys and 8,444 girls; from 1 to 1.50 fr.,
19,723 = 27.91 percent; 15,090 boys and 4,633 girls; 1.50 fr. and over,
12,544 = 17.74 per cent; 10,228 boys and 2,316 girls.
In round figures one may say that one-fourth of these young employees
earn nothing or less than 0.50 fr.; a little more than half earn from
0.50 to 1.50 fr.; and less than one-fifth earn more than 1.50 fr. In
fact about two-thirds of the latter earn from 1.50 to 2 fr., and
one-third from 2 to 2.50 fr. These percentages relate to the entire
number of children, and would be modified somewhat if the boys and girls
were considered separately. The figures also show that smaller wages are
paid for female than for male labor.
_The Law of December 13, 1889_
The statutes affecting child labor in industrial establishments have
been under consideration in Belgium since 1843. At that time an
investigation conducted by the government unveiled the unfortunate and
often abusive conditions under which child labor was conducted, and a
scheme of very remarkable legislation was drawn up by M. Ducpetiaux,
chairman of the Investigation Commission.
But this project was premature. Manchesterian ideas were still the
prevalent ones in the country and with the government. Reform was still
to be waited for, for almost a half century longer, in spite of the
repeated efforts of divers groups of enlightened manufacturers, of
physicians, of philanthropists. All these united efforts succeeded
simply in causing to be introduced into the royal decree of April 28,
1884, containing regulations concerning the working of mines, an
article, No. 69, which forbade boys aged less than twelve, and girls
less than fourteen, to be allowed to labor in the mines.
The industrial troubles of 1886, and the efforts of the Labor Commission
instituted the same year, prepared at last the solution to the question,
and led to the law of December 13, 1889, upon the labor of women, of
youths and of children in industrial establishments.[20]
This law placed under restrictive measures the labor of children:
(1) In mines (coal and metal), quarries, stoneyards.
(2) In works, mills and factories.
(3) In establishments classified as dangerous, unhealthy or unsuitable;
as well as in those where steam boilers or machine motors were used.
(4) In harbors, terminals and stations.
(5) In transportation by land or water.
It applied both to public and private establishments, even when they
were of an educational or benevolent character. By virtue of this
provision the law regulated, for example, the labor performed by
children in the reform schools, in the lace-making schools, etc.
The law did not affect the family workshops, where only the members of a
family are employed, under the authority of either the father, the
mother, or the guardian; providing, however, that these workshops were
not classed as dangerous, unhealthy or unsuitable,[21] or that work
therein was not performed with the aid of steam boilers or machine
motors.
It also did not affect, according to the admitted official
interpretation, other workshops which could not be regarded as mills or
factories, or which are not classed among the dangerous, unhealthy or
unsuitable establishments. Hence, the greatest portion of the clothing
factories, which employ a great deal of child labor, escaped the
application of the law.
The principal legal provisions applying to children and youths of less
than sixteen years are the following:
(1) Prohibition to employ at labor children under twelve years of age
(Art. 2).
(2) The King can prohibit, or only authorize under certain conditions,
the employment of children and youths under sixteen, at labor that is
beyond their strength, dangerous or unhealthful (Art. 3).
(3) The length of the working day is twelve hours at the most, divided
by recesses, the total of which shall not be less than one and a half
hours.
The King has the authority to regulate the length of the working day, as
well as the length and the conditions of recess, in accordance with the
nature of the occupations in which the children are employed, and the
needs of the industries, professions or trades. (Art. 4).
(4) Night labor, that is to say, labor after nine o’clock in the evening
and before five in the morning, is prohibited to children and youths
under sixteen (Art. 6).
_Exceptions._ (a) The King can authorize the employment of children at
night, at occupations which, by reason of their nature, cannot be
interrupted or retarded, or which cannot be accomplished except within a
definite period.
(b) As relating to labor in mines, the King can authorize night labor by
a certain class of workmen more than fourteen years of age, also by male
children fully twelve years old, to begin their labor at four a. m. (c)
The governors of provinces, acting upon the report of the inspectors of
suitable labor, can authorize night labor for children and youths, in
all industries or trades, in cases of delay resulting from unavoidable
necessity, or in exceptional circumstances. This authorization cannot be
granted for more than two months at most; but it can be renewed. It must
be approved by the Minister.
(5) Children and youths under sixteen cannot be employed at labor more
than six days in the week (Art. 7). This regulation provides for the
Sunday holiday, but the legislation of 1889 did not intend expressly to
forbid Sunday labor. Indeed in 1889 the point was discussed whether the
Belgian Constitution (Art. 15) did not oppose the legal prohibition of
Sunday labor. Even to-day the question is still in controversy. Hence
the law of 1889 solved the difficulty by merely forbidding children to
labor more than six days in the week. In fact Sunday, the seventh day,
is the day of rest. There are, however, certain _Exceptions_: (a) As
regards the industries in which labor, by reason of its nature, cannot
stand either interruption or delay, the King can authorize the
employment of children over fourteen, during seven days in the week,
whether permanently or temporarily, or conditionally. They must,
however, be granted, in every case, the necessary time to devote to
their religious duties once a week, as well as one complete day of rest
in fourteen.
(b) In case of unavoidable necessity, the inspectors, burgomasters and
governors can, with respect to the industries, authorize the employment
on the seventh day of children and youths under sixteen.
(6) In order to facilitate the enforcement of these legal provisions,
children and youths over sixteen must carry a memorandum book, which is
to be given them gratis by the parish administration; and which must
contain their Christian and surnames, date and place of their birth,
their residence, and the full names with residence either of their
parents or guardians. Likewise the heads of the industries, chiefs or
managers, must keep a registry of the same information that appears in
the memorandum books (Art. 10).
The Belgian laws, in their principal provisions which we have just
examined, resemble for the most part the laws regulating child labor in
other countries. But there is a gap which must have struck the reader,
viz.: the absence of provisions for the education of children. Foreign
laws, and notably the German, English and French laws, require that the
children, whose industrial labor is effectively regulated, should devote
to attendance at school the time which they do not spend in the factory
or workshop. This is done in the interests of their welfare and for
their intellectual and moral development. The legislator only
imperfectly fulfills his mission when he confines himself to preventing
and repressing the abuses of industrial labor.
This defect in the Belgian law is due to the opposition that compulsory
education has met with and still meets among a notable part of the
population and among the majority in Parliament.
In order that the statement of legislation may be complete, the author
has collected in a table the provisions of the royal decrees which have
resulted from Articles 4, 6 and 7 of the law, and which concern the
determination of the duration of daily labor and the conditions of
recess in a number of industries (Art. 4); the exceptions to the
prohibitions of night labor (Art. 6), and the authorizations of work on
the seventh day (Art. 7). (See page 210.)
Art. 3 of the law gives the King the power to prohibit or to regulate
the labor of children or youths under sixteen, in certain industries
particularly unhealthful or dangerous.
The royal decrees of February 19, 1895, August 5, 1895, and April 5,
1898, have applied this legal provision in the following manner:
(1) Prohibition of labor of children and youths under sixteen in
sixty-five industries, enumerated in Articles 1 and 2 of the decree of
February 19, 1895. These industries are, for the most part, the chemical
ones, or those which manufacture injurious products.
(2) In the lucifer-match factories:
(a) The labor of children and youths under sixteen is prohibited where
paste containing white phosphorus is made, or in the factories where
matches dipped in such paste are dried. Such labor is also prohibited
where matches are dipped in white phosphorus.
(b) Children under fourteen may not be employed in filling boxes with
white phosphorus matches (Article 3 of the royal decree of February 19,
1895).
(3) In factories where india-rubber is treated with carbon sulphuret,
the presence and the labor of children and youths under sixteen are
prohibited (Art. 4 of the same decree).
(4) Art. 6 enumerated a series of industries in which certain places are
closed to children and youths under sixteen, because of the injurious
and unhygienic character of the labor performed there. Art. 7 prohibits
the admission into certain places and labor therein of children under
fourteen.
(5) The royal decree of August 5, 1895, regulates the employment of
children in rag-shops.
(6) Finally, by force of a royal decree of April 5, 1898 (intercalated
into the decree of February 19, 1895, Art. 5) it is forbidden to employ
children and youths under sixteen in all places where the treatment of
hare and rabbit skins is performed; in all places where the hare and
rabbit skins are prepared before the treatment; also in all processes
which the skins undergo after the treatment, carrying, brushing,
cutting.
INDUSTRIES. LENGTH OF LABOR NIGHT LABOR. LABOR ON THE
AND CONDITIONS OF SEVENTH DAY.
RECESS.
(Art. 4 of the (Authorization (Authorization
law.) provided by Art. provided by Art.
6 of the law.) 7 of the law.)
I. Spinning and For children and
weaving of youths of 13 to
flax, cotton, 16 years: 11½
hemp and jute hours a day, 3
(royal decree recesses of a
of December 26, total of 1½
1892). hours at least.
The recess at
mid-day to be
at least 1
hour. For
children of 12
to 13 years, 6
hours a day;
recess, ¼ hour.
II. Woolen For children and
industry (royal youths under
decree of 16: 11¼ hours a
December 26, day. Recess as
1892). in No. 1.
III. Newspaper For children and
printing (royal youths under
decree of 16: 10 hours a
December 26, day. Several
1892). recesses with a
total of 1½
hours at least.
IV. Art As for No. III;
industries but for type
(royal decree foundries, the
of December 26, labor of
1892). children under
16 is limited
to 8 hours a
day.
V. Manufacture of For youths of 14 Authorization for
paper, (royal to 16: 10 hours young men of 14
decree of a day. Length to 16. The
December 26, of recess: 3 length of night
1892). recesses with a labor and
total of 1½ recesses is the
hours at least. same as for day
For children of labor.
12 to 14: 6
hours a day.
Recesses: one
or more with a
total of ½ hour
at least.
VI. Tobacco and For youths of 14
cigars (royal to 16: 10 hours
decree of a day.
December 26, Recesses: 3
1892). with a total of
1½ hours at
least. For
children of 12
to 14: 6 hours
a day.
Recesses: one
or more with a
total of ½ hour
at least.
VII. Manufacture For children and Authorization for
of sugar (royal youths of less youths of 14 to
decree of than 16: 10½ 16. The same
December 26, hours a day. conditions of
1892). Recesses: 3 labor and
with a total of recess as for
1½ hours at day labor.
least.
VIII. Furniture For children and
and industries youths under
pertaining to 16: 9 hours a
ship-building day during the
(royal decree months of
of December 26, October to
1892). March, and 10
hours a day
during the rest
of the year.
Recesses: 3
with total of
1½ hours at
least. The
recess at
mid-day shall
be 1 hour at
least.
IX. Pottery and For children and
crockeryware youths under
(royal decree 16: 10 hours a
of December 26, day. Recess as
1892). No. VIII.
X. Refractory As for No. IX.
products (royal
decree of
December 26,
1892).
XI. Glass As for Nos. IX Authorization of One week in every
industry (royal and X. night labor, two, the boys
decree of _for the of 14 to 16 can
December 26, glass-tapping_, be employed a
1892). to boys of 14 seventh day _at
to 16. The same the
conditions of glass-tapping_.
labor and On that day the
recess as by actual labor
day. must not exceed
6 hours, with a
recess of ½
hour for rest,
and the time
necessary for
their spiritual
devotions.
XII. Lucifer For children and „ „
matches (royal youths under
decree of 16: 10½ hours a
December 26, day. Recesses:
1892). 3 with a total
of 1½ hours at
least. One hour
at mid-day.
During these
recesses the
workmen leave
the premises.
XIII. For children and
Ship-building youths under
industry (royal 16: 8 hours a
decree of day during the
December 26, months of
1892). November to
February, and
10 hours the
rest of the
year. Recess: 1
hour during the
first months,
and 1½ hours
during the
others.
XIV. Zinc rolling Children from 12 Authorization for
mills (royal to 14: 5 hours youths of 14 to
decree of a day. Recess 16. The same
December 26, of ½ hour at conditions of
1892). least. Youths labor and
of 14 to 16: 10 recess as by
hours. Recesses day.
with a total of
1½ hours; noon
recess at least
1 hour.
XV. Crystal and For children and Authorization for One week in every
goblet youths under youths of 14 to two, the youths
factories 16, who work at 16. The same of 14 to 16 may
(royal decree glass-making: conditions of be employed a
of December 26, 10 hours and 20 labor and seventh day at
1892) minutes. recess as by the manufacture
Recesses: 3, day. of glass tiles
one of 20 and other
minutes at analogous
least, in the labor, which
morning; one of settled glass
½ hour at demands. On
least, at noon; that day the
a third of 20 actual labor
minutes at shall not
least, in the exceed 6 hours,
afternoon. with a recess
of ½ hour at
least, and the
time necessary
for their
spiritual
devotions shall
be provided
for.
XVI. Industries For children and „
pertaining to youths under
clothing (1st 16: 11 hours.
category: Recesses: 3
hosiery, lace, with total of
embroidery, not less than
tulles and 1½ hours. The
blond lace, mid-day rest
wool-braid, shall be at
etc.), (royal least 1 hour.
decree of
December 26,
1892).
XVII. Industries For children and
pertaining to youths under
clothing (2d 16, it must not
category: exceed 10 hours
tanning, a day. Recesses
currying, with a total of
tawing, at least 1
cord-waining, hour. During
hat-making, these recesses
fine linen, the workmen
toilet and shall be at
millinery, liberty to
etc., in so far leave the
as the law of premises.
December 13,
1889, applies
to the
establishments
where these
industries are
performed),
(royal decree
of December 26,
1892).
XVIII. Bulky Children of 12 to
mechanical 14: 10 hours.
construction Youths of 14 to
(royal decree 16: 11 hours.
of December 26, Recesses with a
1892). total of 1 hour
at least.
XIX. Small In a first group
mechanical of industries
construction in this branch
(royal decree (Table A), the
of December 26, length of labor
1892). of children 12
to 14 shall not
exceed 10
hours. For
youths of 14 to
16: 11 hours.
In the trades
enumerated in
Tables B, C, D,
children and
youths of less
than 16: 10
hours. Recesses
with total of
1½ hours at
least. One hour
at noon. Free
exit from the
premises.
XX. Bricks and Children and
tiles youths under
“hand-made,” 16: 12 hours a
and other day. Recesses:
similar if the actual
employments day’s labor
(royal decree exceeds 8
of September hours: 3
22, 1896). recesses with
total of 1½
hours at least,
at noon. If
actual labor
exceeds 6, but
not 8 hours: 1
or more
recesses with
total of 1 hour
at least. A
recess of ¼
hour at least
is obligatory
after each 4
hours of labor.
XXI. Window-glass For children and Authorization for One week in every
industry; basin youths under youths of 14 to two, youths of
kilns; drying 16: 10½ hours. 16. The same 14 to 16 can be
ground; pot Recesses with conditions of employed the
kilns (royal total of 1½ recess and seventh day.
decree of hours. Each labor as by
December 31, period of labor day.
1892). shall be
followed by a
complete rest
of a duration
double that of
the labor
itself.
XXII. Mining and In underground Authorization of
quarrying labor, the night labor for
(royal decree length of stay, male youths of
of March 15, descent and 14 to 16
1893). N. ascent occupied in
B.—For the coal comprises, cutting out and
mines of among children maintaining the
Mariemont, and male youths roads and
where the under 16, 10½ filling up the
organization of hours. Recess: dumps. Length
labor is at least ⅛ of of labor 10
different from the stay hours, and
that of other underground. recess as by
coal mines, the Male children day.
royal decree of 12 years old
March 15, 1893, may be employed
provides a underground
special after 4 a. m.,
regulation. under the same
conditions of
labor and
recess. For
surface labor,
the length of
labor for
children and
youths under 16
is 10½ hours.
Recess, 1½
hours at least.
XXIII.
Manufacture of
coke (royal
decree of March
15, 1893).
A. Ovens for Children and A. One week in
common coke. youths under every two,
16: 10½ hours. authorization
Recess not less to work a
than 1½ hours. seventh day,
The principal for male youths
recess 1 hour. of 14 to 16.
Day’s work 8
hours, less the
recess of 1
hour and time
for religious
devotions.
B. Coke ovens Children and For male youths B. Same
for the youths under over 14, authorization
recovery of 16: 10½ hours a authorization as for No.
by-products. day. Recesses for night work. XXIII A.
with total of Same length and
1½ hours. recess as by
Principal day.
recess 1 hour.
XXIV. Factories Children and
for the youths under
agglomeration 16: 10½ hours.
of coal Recesses: a
(briquette total of at
factories), least 1½ hours.
(royal decree Principal
of March 15, recess 1 hour.
1893).
XXV. Quarries and For underground
works connected labor, the same
with them conditions as
(royal decree for No. XXII.
of March 15,
1893).
„ For surface
labor: 10
hours. In the
tool repair
shops: 10½
hours. Total
recess 1½
hours.
„ In the works for
cutting and
carving the
rough products
of the quarry:
for children
and youths from
12 to 16: 8
hours a day, in
order to give
time for
professional
instruction.
XXVI. Metallurgic Length of labor: Male youths of 14 One week in every
works governed 10½ hours a to 16 years may two, male
under the law day. Total work at night, youths of 14 to
of April 21, recess: 1½ under the same 16 may work a
1810. (Blast hours. conditions of seventh day, in
furnaces, iron Principal labor and order to feed
and steel recess: ½ hour recess as the the blast
mills, rolling between 11 and day labor. furnaces and
mills, 2 o’clock for attend to the
foundries, the furnace zinc foundries.
etc.), (royal men; 1 hour for Time allowed
decree of March the other for religious
15, 1893). workmen. devotions.
XXVII. Preserving Children and Authorization for
and pickling of youths under youths of 14 to
fish (royal 16: 11 hours. 16 to work from
decree of Recesses: 3 9 p. m. until
November 3, with total of midnight,
1898). 1½ hours when during a number
actual labor of days which
exceeds 8 shall not
hours. When it exceed thirty a
exceeds 6, but year. Actual
not 8 hours, labor may never
one or several exceed 12
recesses with a hours. Recesses
total of 1 as by day.
hour. A recess
of ¼ hour is
compulsory
after each
period of 4
hours’ labor.