regarded as a lawful day's work in general occupations unless otherwise expressly agreed (Conn. G. S., 1746; N. Y. 1897, 415, 3; 1899, 567; Pa. Dig. p. 1158, 1; Ind. 7052; Mo. 6353; Cal. Pol. C. 3244; Ill., chap. 48, 1. See also § 4 below for similar statutes not of universal application). In six States the time is fixed by statute at 10 hours (N. H., chap. 180, 20; Me., chap. 82, 43; Mich. 1885, 137, 2; Minn. 1895, 49; Fla. 2117; Nebr. 5329). In Florida the agreement for more or less than 10 hours must be in writing. In New Hampshire, Connecticut, California, and Florida this law applies to all classes of labor; in Indiana, New York, and Minnesota, to "all classes of mechanics, workingmen and laborers, except those engaged in agricultural or domestic labor," or, in Minnesota, the care of live stock; in Illinois, to "all mechanical trades, arts, and employments and other cases of labor and service by the day, except in farm employments, between the rising and the setting of the sun;" in Pennsylvania, to "all cases of labor and service by the day * * * between the rising and setting of the sun, but not to farm or agricultural labor, or service by the year, month, or week;" in Michigan, to "any mechanical, manufacturing, or other labor calling;" in Missouri, the section does not apply to persons hired or employed by the month, nor to laborers or farm hands in the service of farmers or others engaged in agriculture; while the courts in Indiana have held that the statute does not apply to persons engaged by the week or month.

Generally, these statutes express that work overtime will be permitted with or without extra compensation, but this would, anyhow, be implied from the wording of the statute." In Indiana violation or

1 The best form of this statute is found in Indiana (§ 7052):

On and after the passage of this act eight hours shall constitute a legal day's work for all classes of mechanics, workingmen and laborers, excepting those engaged in agricultural or domestic labor, but overwork for an extra compensation by agreement between employer and employee is hereby permitted.

See also the New York law 1897, 415, 3, amended by 1899, 567, to read as follows:

§3. Hours to constitute a day's work.-Eight hours shall constitute a legal day's work for all classes of employees in this State, except those engaged in farm and domestic service, unless otherwise provided by law. This section does not prevent an agreement for overwork, at an increased compensation, except upon work by or for the State or a municipal corporation, or by contractors or subcontractors therewith. Each contract to which the State or a municipal corporation is a party which may involve the employment of laborers, workmen, or mechanics shall contain a stipulation that no laborer, workman, or mechanic in the employ of the contractor, subcontractor, or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property. The wages to be paid for a legal day's work as hereinbefore defined to all classes of such laborers, workmen, or mechanics upon all such public work or upon any material to be used upon or in connection therewith shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the State where such public work on, about, or in connection with which such labor is performed in its final or completed form is to be situated, erected, or used. Each such contract hereafter made shall contain a stipulation that each such laborer, workman, or mechanic employed by such contractor, subcontractor, or other person on, about, or upon such public work shall receive such wages herein provided for. Each contract for such public work hereafter made shall contain a provision that the same shall be void and of no effect unless the person or corporation making or performing the same shall comply with the provisions of this section; and no such person or corporation shall be entitled to receive any sum, nor shall any officer, agent, or employee of the State or of a municipal corporation pay the same or authorize its payment from the funds under his charge or control to any such person or corporation, for work done upon any contract which in its form or

evasion of this act is a misdemeanor, and so in Michigan, to take any unlawful advantage of any person seeking employment because of their poverty or misfortune to invalidate any of these provisions. It is not unusual to provide that persons contracting or doing work for the State or public corporations shall conform to these hours. (See § 2.) SEC. 2. PUBLIC LABOR.-The hours of labor in work done directly for the State or any municipal corporation have been limited in many States, as well as by act of Congress, which has power to prescribe hours of labor on Government works, although territorially they are not within its jurisdiction. Some of these statutes merely prescribe the kind of contract the State or public contractors shall make. Others go further and make it a misdemeanor for any person engaged upon public work to exact labor or even to perform or allow labor for more than the prescribed time per diem. In most States where a statute exists 8 hours is made the prescribed legal day's work for all labor, whether employed by the State or any municipal corporation, or by any contractor for the same, or in work upon public institutions, etc. (N. Y. 1897, 415, 3; 1899, 567; Mass., when voted to accept the act in the city or town, etc., 1899, 344; Pa. 1897, 379, 1; Ind. 7053; Kans. 1891, 114, 1; Colo. 1894, 9; Cal. Con. 20, 17, Pol. C. 3245; 1899, 114; Wash. 1899, 101; Idaho Con. 13, 2; Wyo. Con. 19, 1; Utah Con. 16, 6, Laws 1894, 11; Md. 1898, 458, Baltimore only; D. C., U. S., 1892, 352). In other States the time in such public work is 9 hours (Mass. [see above], 1894, 508, 8; Tex. 1879, 137; but the Texas law only applies to employees in the several departments of the State government). These laws apply equally to work done by contractors, etc., for the State, or on public works; and in New York noncompliance or evasion of the statute forfeits the contract at the option of the State or municipal corporation employing. (See the law in full, Art. B, §1, note above.) The States making it a misdemeanor for the employer to exact or require a longer time are New York, Colorado, Indiana, Kansas, Pennsylvania, and Maryland, and an officer of the State or any municipal corporation violating the same is usually subject to removal. In Colorado work in excess of 8 hours a day may be allowed in

manner of performance violates the provisions of this section; but nothing in this section shall be construed to apply to persons regularly employed in State institutions. §4. Violations of the labor law. Any officer, agent, or employee of this State, or of a municipal corporation therein having a duty to act in the premises, who violates, evades, or knowingly permits the violation or evasion of any of the provisions of this act shall be guilty of malfeasance in office, and shall be suspended or removed by the authority having power to appoint or remove such officer, agent, or employee, otherwise by the governor. Any citizen of this State may maintain proceedings for the suspension or removal of such officer, agent, or employee, or may maintain an action for the purpose of securing the cancellation or avoidance of any contract which by its terms or manner of performance violates this act, or for the purpose of preventing any officer, agent or employee of such municipal corporation from paying or authorizing the payment of any public money for work done thereupon. All acts or parts of acts inconsistent with this act, in so far as they are inconsistent, are repealed. But nothing in this act shall apply to any existing contract for public work.

1Thus, in California (Pol. C., §3245):

Eight hours' labor constitute a legal day's work in all cases where the same is performed under the authority of any law of this State, or under the direction, control, or by the authority of any officer of this State acting in his official capacity, or under the direction, control, or by the authority of any municipal corporation within this State, or of any officer thereof acting as such; and a stipulation to that effect must be made a part of all contracts to which the State or any municipal corporation therein is a party.

emergency cases, but such excess shall be treated as a part of a subsequent day's work, and in no one week shall there be permitted more than 48 hours, while in Kansas, in cases of overtime, done upon such emergency, extra pay shall be given at the current rate.

In Massachusetts cities shall at intervals not exceeding 7 days pay all laborers who are employed by them at a rate of wages not exceeding $2 a day, if such payment is demanded" (Mass. 28, 12). The California code provides that all work done upon public buildings, skilled or unskilled, must be employed by the day, and no work may be done by contract (Cal. Pol. C. 3233), and every person who employs laborers upon the public works, and who takes, keeps, or receives any part or portion of their wages due them from the State or municipal corporation is guilty of felony (Cal. Pen. C., act of April 1, 1872).

SEC. 3. HOURS OF LABOR OF WOMEN, MINORS, ETC.-There is no general law in any State limiting the hours of labor of women of full age, but there are a few such as to child labor in any occupation. Thus, in California: "Every person having a minor child under his control, either as a ward or an apprentice, who, except in vinicultural or horticultural pursuits, or in domestic or household occupations, requires such child to labor more than 8 hours in any one day, is guilty of a misdemeanor" (Pen. C. 651). And night labor of children outside the family, or for wages, is in a few States prohibited. Thus, no child under 16 in Minnesota and Ohio, or 14 in Massachusetts, and girl under 18 in Ohio, may be employed to labor for wages (outside the family in Minnesota) in any manner between 7 p. m. and 6 a. m. (Mass.1 1898, 494, 1; Minn. 1897, 360; Ohio 1898, p. 123, 2). In Florida "whoever hires or employs, or causes to be hired or employed, any minor, knowing such minor to be under the age of 15 years, and under the legal control of another, without the consent of those having ing such control, for more than 60 days is guilty of a misdemeanor (Fla. 2733); and in North Carolina "it is made a misdemeanor to employ and carry beyond the limits of the State any minor without his parent's consent" (N. C. 1891, 45). And the new Illinois statute provides that "no person under the age of 16 years shall be employed or suffered to work for wages at any gainful occupation hereinafter mentioned more than 60 hours in any one week, nor more than 10 hours in any one day" (Ill. 1897, p. 90, 4). And so in Minnesota, as to any labor outside the family.

SEC. 4. HOURS OF LABOR IN FACTORIES, MINES, RAILROADS, AND OTHER SPECIAL OCCUPATIONS: Factories.-A few States have laws resembling those in section 1 above, declaring what shall be a day's work in special occupations in the absence of contract, but not prohibiting contracts or agreements for overtime; usually, however, factory hour laws are prohibitive. Thus, in Ohio and Wisconsin 8 hours is made a day's work, in the absence of special contract, in any manufacturing or mechanical business, and 10 hours in Minnesota. In Ohio the

1 Massachusetts (1898, 494, 1):

No child under fourteen years of age shall be employed in any factory, workshop, or mercantile establishment. No such child shall be employed in any work performed for wages or other compensation, to whomsoever payable, during the hours when the public schools of the town or city in which he resides are in session, nor be employed at any work before the hour of six o'clock in the morning or after the hour of seven o'clock in the evening.

law extends to mining business also.1 In Wisconsin it does not apply to contracts for labor by the week, month, or year (O. 4365; Wis. 1729; Minn. 2441). In Rhode Island 10 hours is considered a day's work, unless otherwise agreed, for labor performed in any manufacturing establishment and all mechanical labor (R. I. 198, 24). In Michigan 10 hours constitute a legal day's work, in the absence of special agreement or pay for overtime, in all "factories, workshops, salt blocks, sawmills, logging or lumber camps, looms or drives, or other places used for mechanical, manufacturing, or other purposes, where men or women are employed" (Mich. 1885, 137, 1). In New Jersey 10 hours shall be considered a legal day's labor for men or women "in all cotton, woolen, silk, paper, glass, and flax factories, and in manufactories of iron and brass (N. J. Rev. 1877, p. 485, 17). In Maryland there is a complicated law which in substance requires a special contract in case of male employees working more than 10 hours per day, with extra pay by the hour (Md. G. L. 100, 2). A local law of Maryland makes 10 hours per day a day's work in mines, in the absence of special contract, with extra pay (Md. L. L. 194). A similar law existed in Ohio as to railways, but was declared unconstitutional by the Ohio courts (O. 1890, p. 112, 1).

Railroads.-Ten hours is declared a day's work for all classes of steam-railroad employees in New York (G. L. 32, 1, 7), Ohio (1890, p.112, § 1), Michigan (1893, 177), and Minnesota (§ 6965); and so as to street railways in New York (ib., § 5), Massachusetts (1894, 508, 9), and Washington (1895, 100); or, as to street railways, 12 hours in Pennsylvania (Dig., p. 1829), Maryland (1898, 123, 793), California (Pol. C., 3246), South Carolina (1897, 294), Louisiana (1886, 95), and New Jersey (1887, 112); and such work must usually be performed within twelve consecutive hours, but extra pay is allowed for overtime.3

1 The Ohio law is as follows (sec. 4365):

In all engagements to labor in any mechanical, manufacturing, or mining business, a day's work, when the contract is silent upon the subject, or where there is no express contract, shall consist of eight hours; and all agreements, contracts, or engagements in reference to such labor shall be so construed.

2 For example, in Minnesota (G. S., sec. 6965) :

No company operating a railroad over thirty (30) miles in length in whole or in part within this State shall permit or require any conductor or brakeman, engineer or fireman, or any trainman who has worked in his respective capacity for twenty consecutive hours, or twenty hours within any period of twenty-four consecutive hours, except in case of casualty, to again go on duty or perform any work until he has had at least eight hours' rest. On all lines of railroad operated in this State ten hours shall constitute a day's work, or any less number of hours which shall be agreed upon by such companies and persons, and every hour in excess of said ten hours' work that any conductor, engineer, fireman, brakeman or any trainman in employ of the company who works under the direction of a superior, or at the request of the company, shall be required or permitted to work, he shall be paid pro rata for such service in addition to his per diem wages.

Provided, Nothing in this act shall be construed to hinder or limit a right of contract for services to be rendered on a compensation to be fixed by agreement, based upon the number of miles run by such employees as constituting a day's work.

SEC. 6966. Any company which violates or permits to be violated any of the provisions of the preceding section, or any officer, director, president or foreman, agent or employee who violates or permits to be violated any of the provisions of the preceding section, shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars nor more than one hundred dollars.

3 Thus, in Massachusetts:

A day's work for all conductors, drivers and motormen now employed or who may hereafter be employed by or on behalf of any street railway company in any city or

Brickyards, stationary engines.-Ten hours is prescribed in New York for brickyards and in Montana 8 hours for stationary engines in such steam plants as are in continuous operation (N. Y. G. L. 32, 1, 6; Mont. 3370).

Some of the above statutes are ambiguous, and are possibly intended to forbid contracts for overtime; but as it is not clearly expressed on their face, they should be interpreted to permit such contracts on the general principle that statutes in derogation of the common law are to be construed strictly.

We now pass to the statutes which clearly prohibit contracts for overtime.

Factories.-In South Carolina and Georgia 11 hours per day or 66 hours per week is the legal limit on all cotton and woolen manufacturing establishments for all operatives except engineers, firemen, watchmen, mechanics, teamsters, yard employees, clerical force, provided that additional work not over 70 hours per annum, or in Georgia, 10 working days, is permitted to make up for lost time, etc., and contracts for a longer time are absolutely void, and their enforcement prohibited under penalty of misdemeanor (S. C. 268; Ga. 1889, p. 163) And it seems that in other manufacturing establishments, machine shops, etc., the legal time remains (for minors) from sunrise to sunset, taking out the usual mealtimes (Ga. Code, 1885).

Railways. The Massachusetts, Pennsylvania, Maryland, South Carolina, and California statutes quoted above declare contracts for a longer time than is respectively permitted (see above) to be invalid, and the company so contracting is liable to a penalty. The constitutionality of such statutes, even when not applying only to corporations, can now probably be sustained under the recent decision of the United States Supreme Court on the Utah mining law.

town shall not exceed ten hours' work to be performed within twelve consecutive hours. No officer or agent of any street railway company shall exact from any of its said employees more than the said ten hours' work for a day's labor: Provided, however, That on all legal holidays, on days when the corporation is required to provide for more than the ordinary travel, and in case of accident or unavoidable delay, extra labor may be performed for extra compensation, and that nothing herein contained shall affect existing written contracts.

The Georgia law is as follows:

The hours of labor required of all persons employed in all cotton or woolen manufacturing establishments in this State, except engineers, firemen, watchmen, mechanics, teamsters, yard employees, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed eleven hours per day, or the same may be regulated by employers, so that the number of hours shall not in the aggregate exceed sixty-six hours per week; Provided, That nothing herein contained shall be construed to prevent any of the aforesaid employees from working such time as may be necessary to make up lost time, not to exceed ten days, caused by accidents or other unavoidable circumstances.

All contracts made, or entered into, whereby a longer time for labor than is provided in the foregoing section of this act, shall be required of said employees, hereinbefore described, shall be absolutely null and void, so far as the same relates to the enforcement of said contracts with said employees, any law, usage, or custom to the contrary notwithstanding.

Any cotton or woolen manufacturing establishments that shall make or enforce any contract in violation of the foregoing section with any person as an employee therein, shall be subject to a forfeiture of an amount not less than twenty and not more than five hundred dollars for each and every such violation.

Any person with whom said contract is made, or any person having knowledge thereof, shall be competent to institute suit against said cotton or woolen manufacturing establishments, under the rules prescribed for bringing suits in this State.

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