cially forbidden as to running elevators' or stationary engines, cleaning machinery while in motion, etc. In some States there is a more general statute forbidding the employment of children under a prescribed age about dangerous machinery generally, or in any employment where the child is put in danger to life or limb, or injurious to his health or morals (see below); but in some States a child may be employed with a physician's certificate. In other States the matter is left to the inspector of factories or the chief of police to designate such employments as are injurious to children. Factory inspectors may in some States demand physician's certificates of the physicial ability of children in all cases of factory or workshop employment."

5

6

SEC. 7. MINES, SHOPS, STORES, ETC. Mines. In a few States the State constitution provides that no woman can be employed in mines at all. These are Wyoming and Utah; and so, by statute, as to any mines, in Alabama, Arkansas, and Pennsylvania, and as to coal mines in Indiana, Colorado, West Virginia, and Washington.1 several States, by statute or constitution, children under a certain age, usually 14, can not be employed in mines. This does not apply to clerical work, etc., outside the mine.

2

Begging, circuses, etc. (see above, dangerous machinery, etc.).-There is another very general statute forbidding the employment of children under a certain age in theatrical exhibitions or circuses, in begging, street mendicancy, etc., in liquor or concert saloons, "in handling intoxicating liquors" (Mass. 1899, 413), or even generally in all occupations injurious to their morals. The prescribed age varies between 18 and 12 in the several States having such laws.

3

Telegraph operators.-No person under 18 can be employed upon railroads: Col. 1891, p. 280; Ga. 1890, 148 (p. 182).

In

Shops, mercantile establishments.-In several of the States the above statutes themselves (see § 5) apply also to shops or mercantile establishments. These are Connecticut, Ohio, Indiana, Illinois, Minnesota, Nebraska, California, Maryland (if in Baltimore), Pennsylvania. Rhode Island the law prohibiting labor by children under 12 applies to them, and in Minnesota as to children under 14, except in vacations. In other States there are special laws applying to stores or mercan

1 Mass. 1894, 508, 32; N. Y. G. L. 32,79; Pa. p. 1016, § 12; Ind.1899, 142, 4; Minn. 1895, 171, 6; Conn. 1893, 59.

2 Mass. ib. 31; Mich. 1895, 184, 3; R. I. 68, 6; N. J. Sup., p. 773, § 17; N. Y. 1899, 192; Mo. 1891, p. 159; La. 1892, 60.

3 N. Y. 1899, 192.

4 N. Y. P. C. 292; Conn. 1417; R. I. 115, 4; Mich., ib Minn., 1897, 360; Mo. 1895, p. 205; Ohio 6984, 1890, p. 161; N. J. 1887, 177, 7; Ill. 1897, p. 90, 6; Ind. 2241-2; Cal. Pen. C., p. 87; Wyo. 1895, 46; Del. 131, 2; Colo. 1891, p. 59.

5 N. J. ib.

6 Mass. 1894, 508, 15.

'Mich. ib. 4; Ill. 1893, p. 101, 4; Ind. 1897, 65, 2.

1Wyo. Con. 9, 3; Utah Con. 16, 3; Pa. Dig., pp. 1015, 1351, §§ 112, 306; Ind. 7480; W. Va., p. 997, § 13; Wash. 2227; Colo. 3185; Ala. 266, 14; Ark. 5051.

2Pa. ib., Wyo., ib. Minn 1897, 360; Utah, 1896, 28; Wash. ibid; Idaho Con. 13, 4; S. Dak. 1890, 112, 11; Mont. P. C. 474; Ark. 5051. But the age is put at 12: Ind. 2244; N J. Sup., p. 380, § 18; Kans. 3861; W. Va. ib; Colo. Con. 16, 2; Tenn. 1881, 170, 10. At 15: Ohio 1898, p. 164. At 10; Ala. ibid. At 12, and the law only applies to boys: Iowa 1884, 21, 13; Pa. ib.; 306 (bituminous mines.) And no person under 16 who can not read and write: Colo., Kans., Ark., ibid.

N. H. 265, 3; Mass. 1894, 508, 49; R. I. 115, 4; Conn. 1417; N. Y. P. C. 292; N. J. Sup., p. 195; Pa., p. 1015, §§ 9-11; Ohio 6984; Ind. 2241-2; Ill. 38, 42a; Mich. 1998; Wis. 4587a; Minn. G. S. 6539; 1897, 360; Kans. 2170; Md. 27, 273; Del. 131, 2; Ky. 326; Mo. 1895, p. 205; Cal. P. C., p. 87; Colo. 1891, p. 59; Mont. P. C. 472; Wyo. 1891, 20; 1895, 46; Ga. 4612; La. 1886, 43, 2; 1892, 59; D. C. U. S. Stats. 1885, 58.

tile establishments. Thus, in Massachusetts no minor under 18 can be employed in them more than sixty hours per week (Mass. 1894, 508, 10).

In New York there is a special article applying to labor in mercantile establishments in villages or cities having a population of 3,000 or more to the effect that no male under 16 or female under 21 may be required to work more than 10 hours per day or 60 hours per week, unless for the purpose of making a shorter workday of some one day of the week, nor before 7 o'clock in the morning or after 10 o'clock in the evening of any day; but this section does not apply to the employment of such persons on Saturday, provided the total hours per week do not exceed 60, nor to the period between the 15th of December and the 1st of January. Forty-five minutes must be allowed for the noonday meal. Children under 14 may not be employed in such establishments, except that a child above 12 may be so employed during the vacation of the public schools. No child under 16 can be employed without a certificate, issued by the board of health upon affidavit of the parent or guardian, of the age of the child, when the officer issuing the same is satisfied that such child is 14 years of age and physically able to peform. the work; and no such certificate may be issued unless it appears that the child has attended a school at which the ordinary branches are taught for a period equal in length to one school year during the year previous to his arriving at the age of 14 or to his applying for such certificate, and is able to read and write in English. Children of the age of 12 or more who can read and write English may be employed in mercantile establishments during vacation of the schools, upon complying with all other provisions of this section. The manager of the establishment must keep a register of children so employed (N. Y. G. L. 32, 160-167).

In New York a mercantile establishment is defined to be a place where goods, wares, or merchandise are offered for sale (N. Y. G. L. 32. 2).

In Minnesota children over 14 may be employed in mercantile establishments on Saturdays and for ten days before Christmas, not more than 10 hours a day; and children under 14 may be employed in mercantile establishments during the vacation of the public schools (Minn. 1897, 360, 1).

SEC. 8. ÉDUCATIONAL RESTRICTIONS UPON CHILD LABOR.—It is extremely difficult to make a satisfactory report upon those statutes which are aimed primarily at securing sufficient schooling for children employed in factories, etc., for the reason that not only are the provisions varied and complicated and continually changing, but they are often special to certain States or certain localities, and they are not primarily statutes relating to labor, but statutes relating to the public schools. It seems, therefore, illogical to enter upon this matter in the present report, as the Industrial Commission are concerned, primarily, with statutes in the interest of labor alone, not with the educational policy of the country. It may merely be stated, in a general way, that such States as have these statutes usually put the restrictive age two or more years higher than the age at which labor is absolutely prohibited,1 and provide that children under such higher age may not

1Such age is 16: N. H. 93, 11; Mass. 1898, 494; N. Y. G. L. 32, 70; R. I. 642,; Me. 1887, 139, 6; N. J. Sup. 407, 10; 15 for boys, 16 for girls: Ohio 1898, p. 123; 14: Vt. 1892, 22, 4; S. Dak. 1891, 56; Conn. 1899, 41; Nebr. 1899, 108.

3

2

4

be employed in mills or factories during the public school hours, or except in vacation, or unless they have attended evening schools, or unless they can read and write," or have attended school for a pre scribed time during the year preceding; and, commonly, an employment ticket is required from such children' and a list of all who are employed under these provisions of the statutes is required to be posted in the factory employing them. (The more important statutes are summarized in note 9.)"

2 Vt., Ohio, S. Dal.

3 Vt., R. I., Me., Nebr.

4

Mass., Conn., S. Dak.

5 N. H., Mass., Vt., R. I., Conn.

8

6 N. H. 93, 12; Vt., R. I., Me., Conn. 2105; N. J. Sup., S. Dak., Nebr. "N. H., Mass., ib., Vt., R. I., Me., Conn. 2106.

R. I., Mass., Me., Nebr.

Massachusetts (1898, 494):

In substance the law provides that no child under 16 shall be employed in any factory, workshop, or mercantile establishment, unless the employer keeps on file an age and schooling certificate, as hereinafter prescribed, and two complete lists of such children, one on file and one posted, and also a complete list (which he must send to the superintendent of schools or school committee) of the names of all minors who can not read or write English. The age and schooling certificate is approved by the superintendent of schools or any person authorized by the school committee. Satisfactory evidence must be furnished by the school census or birth certificate of the child's age; and if the child be under 16 it shall not be approved unless the child present an employment ticket setting forth the description of the child. The age and schooling certificate certifies as to the child's age and that he can read and write English. If the child can not read and write, the certificate may contain that the child is regularly attending public evening school, and continues in force only during such attendance. No person may employ a minor over 14, and no parent or guardian permit such employment, if the minor can not read and write English, where a public evening school is maintained in the town, unless he is a regular attendant thereupon: Provided, That a doctor's certificate may be put in showing that the physical condition of such minor would render such attendance, in addition to daily labor, prejudicial to health, whereupon the superintendent of schools may issue a permit authorizing the minor's employment for such period as he may determine. Truant officers may visit factories, shops, etc., and report illegal employment.

Maine (1887, 139) :

SEC. 6. No child under fifteen years of age shall be employed in any manufacturing or mechanical establishment in this State, except during vacations of the public schools in the city or town in which he resides, unless during the year next preceding the time of such employment, he has for at least sixteen weeks, attended some public or private school, eight weeks of which shall be continuous; nor shall such employment continue unless such child in each and every year, attends some public or private school for at least sixteen weeks, and no child shall be so employed who does not present a certificate made under or by the directon of the school committee, superintendent of the public schools, or the teacher of a private school, that such child has so attended school. And it shall be the duty of such committee, superintendent or teacher, to furnish such a certificate in accordance with the fact upon request and without charge.

*

* *

SEC. 7. Any parent or guardian who procures a child to be employed contrary to section six, and any corporation, owner, superintendent or agent of the owner, of such establishment violating the provisions of said section shall forfeit the sum of one hundred dollars, one-half to the use of the county, and one-half to the use of the city or town where the offense is committed. Money so recovered to the use of the city or town, shall be added to its school money. It shall be the duties of the school committees and superintendent of public schools to inquire into violations of said section and report the same to the county attorney, who shall prosecute therefor.

Vermont (1892, 22):

SEC. 4. No child under fourteen years of age shall be employed in a mill or factory : unless such child shall have attended a public school twenty weeks during the pre

The law frequently requires a certificate from the parent or guardian ceding year, and shall deposit with the owner or person in charge of such mill or factory a certificate showing such attendance, signed by the teacher of such school. SEC. 5. The town superintendent of schools may inquire of the owner or person in charge of a mill or factory as to the employment of children therein; and may call for the production of the certificates required to be deposited with such person and ascertain if there is any violation of the law in the employment of such children. SEC. 6. No person shall hereafter give employment to any child under fourteen years of age who can not read and write, but is capable of receiving such instruction during the time when the school which such person should attend is in session.

SEC. 7. A person who shall violate the provisions of sections three, four, or six of this act, or who shall refuse to give the information or exhibit the certificates required to be given and exhibited by section five of this act, shall forfeit not less than five nor more than twenty-five dollars, to be recovered by prosecution before a justice of the peace, and to be paid to the town in which the child resides. And each truant officer is hereby required to make complaint of any violation of said sections to a justice of the peace or judge of a municipal court, who shall issue his warrant, according to law, for the arrest and trial of such offender.

New York (G. L. 32, 70-76):

The New York law provides that children between the ages of 14 and 16 may not be employed in factories unless a certificate, executed by a health officer, be filed with the employer, which shall not be issued unless the officer is satisfied that such child is 14 years of age and physically able to perform the work. The certificate describes the child, and may not be granted unless it appear that the child has attended school, in which the regular branches are taught, for one year previous to arriving at the age of 14, or during the year previous to applying for such certificate, and is able to read and write English. Children of 14 who can read and write may be employed during vacation upon vacation certificates, which require no school attendance. The employer must keep a register open to the inspection of the factory inspector.

New Jersey (Sup., p. 937, 77):

In New Jersey no child under 15 can be employed in any business whatever unless it have attended, within 12 months preceding, some public day or night school for twelve consecutive weeks, or some well-recognized private school.

Pennsylvania (1897, 26, 2):

No child under 16, without an affidavit by the parent or guardian stating its age; and none such may be employed who can not read and write English, except he present a certificate of having attended during the preceding year an evening or day school for a period of 16 weeks, signed by a teacher of such school.

Ohio. See § 5, note 2, p. 25 above for the Ohio law (1898, p. 123).

Indiana (1897, 65):

In Indiana it is unlawful for manufacturers to employ children under 16 without an affidavit by the parent or guardian stating the age of child, which is open to the factory inspector, and no child under 16 shall be employed who can not read or write English, excepting in vacation of the public schools.

In Michigan (1895, 184, 2) and Illinois (1897, p. 90, 2) a register of children under 14 (16 in Michigan by statute of 1899, 77) must be kept, and certificate of age received from the parent, etc.

Minnesota (1895, 171):

No children under the required school age shall in the year next succeeding any birthday be employed at any occupation during the hours in which the schools are in session, unless and until he has attended some school for the prescribed period, and no child under 16 who can not read or write English shall, except in vacation, be employed in any indoor occupation unless such child is a regular attendant at a day or evening school; but (1897, 360) whenever it appears that the labor of any minor so debarred from employment is necessary for the support of the family to which it belongs, or its own support, the school board may, at its discretion, issue a permit authorizing his employment.

Wisconsin:

In Wisconsin there are two statutes. Section 1728a of the Code provides that no child under 13 shall be employed or allowed to work by any person in any shop, factory,

as to the age of such child as a preliminary to employment.10 Such certificate of age given by the parent, etc., is made conclusive evidence in prosecutions under the statute." The Massachusetts statute is perhaps the most elaborate, while the older system is still exemplified by the older Vermont statute, which merely requires the selectmen of towns to inquire into the treatment of minors employed in manufacturing establishments; and if their education, morals, etc., are unreasonably neglected, or he is treated with improper severity or compelled to labor unreasonable hours, they may, if he has no parent or guardian, discharge him from such employment and bind him out as apprentice, with the minor's consent (Vt. 2518).

Posting of law and employees subject to it.--Most of the statutes limiting the labor of women or minors in factories require that a copy of the act be posted in the factory (Pa.), or a notice stating the hours, time, etc., required of such persons (N. Y., Ohio, Ind., Cal., Me., Mass., N. H., R. I., Pa., Conn., Nebr.), or a list of the minors laboring in the factory who are below the prescribed age open to the factory inspectors, etc. (Me., Ohio, N. Y., Ind., III., Mich., Cal., Pa., R. I., Mass.); and it is still more usual, in case of the educational laws referred to in the last paragraph, to require such posting.

Enforcement. In all States where we have stated the law as compulsory, the employer (Ohio 1898, p. 123, 3; Ill. 1897, p. 90, 9; Mich. 1895, 184, 17; Minn., Cal., Md., La., Me., N. H., Ń. J., Ŕ. Í., Va.,

mine, store, place of manufacture, business, or amusement except by order of the judge of the county court, who may grant such permit to any child over 10 on such time and such terms as may be named on its being shown that the child can read and write English, and that it is fit and proper that such permit shall be granted owing to lack of means of the family. The permit must state the age, residence, and amount of school attendance prior to granting it, and the child may not be employed without such permit.

The statute of 1891 (109, 2) provides that no child under 14 shall be employed in any mine, factory, workshop, or place of public entertainment or amusement except upon permit of the county judge, which may be granted to any child over 12, specifying the conditions, fixing limitations, etc.; and in granting such permit the county judge shall consider the moral and physical condition of the child, his state of education, the necessities of the family, and other circumstances. (For the laws in full see § 5, notes 1 and 4.)

Colorado (§ 417):

In Colorado it is unlawful for any person to employ a child under 14 to labor in any business during the school hours, unless it have attended some public or private day school at least 12 weeks in each year with certificate from the teacher, etc., or twice the time of such school attendance at half time, or at a night school. North and South Dakota (N. Dak., § 762; S. Dak., 1897, 57, 7, 3):

In North and South Dakota no child between 8 and 14 shall be employed in any mine, factory, workshop, or mercantile establishment, or in any other manner, except by its parents or guardian, during the hours when the public schools are in session, unless with certificate from the superintendent of schools that such child has attended school for a period of 12 weeks during the year, or has been excused from such attendance.

Louisiana (1886, 43, 2):

In Louisiana there is a general prohibition against the employment of children under 14 in any employment who have not attended school for four months of the year preceding.

10 N. Y. G. L. 32, 71; N. J. Sup., p. 407, 10; Pa. 1897, 26, 2; Ind. 1897, 65, 2; Ill. 1897, p. 90, 2; Mich. 1895, 184, 2; Cal. 1889, 7, 2; Minn. 1895, 171, 8.

"Me. ib. 3; N. H. ib. 17; R. I. ib. 23; Mass. 1894, 508, 61; Conn. 1745; Tenn. 1893,

159,

2.