factory in operating or using any emery, corundum, stone, or emery polishing or buffing wheel (1899, 375).

Children.-Except as above, there are few statutes specially regulating the treatment of children. The Georgia code provides that no boss or other superior in a factory shall inflict corporal punishment upon minor laborers, and the owners are liable for such conduct, and the minor may sue in his own name for damages and hold the sum recovered as his own property (Ga., sec. 1886).

Minors are in most States entitled to their wages free from any claim on the part of parent or guardian unless the employers are specially notified of such claim. (See U. S. Labor Bulletin No. 12, pp. 572, 573, 577.)

In Ohio wages may not be retained from minors for alleged negligence or incompetence, nor any guaranty made with such minors (Ohio, 1893, p. 55).

SEC. 10. SUNDAYS AND HOLIDAYS.-The rights of laborers to rest one day in the week are commonly guaranteed by the ordinary statutes relating to the observance of Sunday, which are practically universal throughout the country, but a few States have special provisions-thus, in California (1893, 41), that "all employers must grant employees one day in seven for complete rest from labor." Besides Sunday, or the Jewish Saturday, four States have thus far passed laws making Saturday for banking purposes a half holiday throughout the year.1 In Massachusetts (1898, 367) the city council of a city or selectmen of a town are empowered, at discretion, to provide that the employees of such city or town shall be allowed a half holiday in each week without loss of pay during such portions of the year as said council, etc., may determine; and heads of State departments and county commissioners have the same power as to their employees, including laborers, mechanics, and all other classes of workmen. Nearly all the States have adopted a special holiday called Labor Day, usually the first Monday in September. But in Pennsylvania it is the first Saturday in September, while in Wisconsin it is fixed by proclamation each year. Statutes forbidding Sunday labor in specified trades have sometimes been declared unconstitutional under the State constitutions.

2

SEC. 2. It shall be unlawful, and it is hereby declared to be cruelty within the meaning of this act, for any person employing or having the care, custody, or control of any child willfully or negligently to cause or permit the life of such child to be endangered, or the health of such child to be injured, or willfully to cause or permit such child to be placed in such a situation that its life or health may be endangered, or to cause or permit such child to be overworked, cruelly beaten, tortured, tormented, or mutilated.

SEC. 3. Any person or persons convicted under any of the foregoing provisions of this act shall be fined in any sum not more than one hundred dollars, or imprisoned in the jail of the county not exceeding three months, at the discretion of the court 1Mass. 1895, 415; N. Y. 1887, 263; N. J. 1891, 43; Colo. 1893, 102.

2N. H. 180, 24; Mass. 1887, 263; Me. 1891, 19; R. I. 166, 1; Conn. 1889, 20; N. Y. 1892, 677; Vt. 1898, 51; N. J. Sup., p. 361; Pa. Dig., p. 986; Ohio 1890, p. 355; Ill. 98, 17; Wis. 1891, 271; Iowa 2094; Minn. 7987; Kans. 1891, 145; Nebr. 3388; Del. 63, 1; Va. 2844; Tenn. 1891, 48; Mo. 737; Tex. 2835; Oreg. M. L. 3544; Colo. 2128; Wash. C. P. 43; Mont. Pol. C. 10; Utah 1892, 13; S. C. 2544; Ga. 1890, p. 232; Ala. 1893, 59; Fla. 1893, 4198; N. C. 1899, 410; D. C. U. S. 1894, 118.

ART. C. PAYMENT Of wages, fines, deDUCTIONS, COMPANY STORES, ETC.

SEC. 1. DEDUCTIONS FROM WAGES FOR IMPERFECT WORK, INJURY TO TOOLS, ETC.-(For forfeiture on account of premature termination of contract, see Art. A, sec. 5.) Massachusetts, Indiana, and Ohio are the only States which have enacted laws attempting to prevent the withholding of wages, or the imposition of a une, by factory employers for imperfect work. In Ohio, "whoever, without an express contract with his employee, deducts or retains the wages, or any part of the wages, of such employee for wares, tools, or machinery destroyed or damaged, shall be liable to like punishment and penalties above specified, and shall, in addition thereto, be liable in civil action to the party aggrieved in double the amount of any charges" (Ohio 7016, 1891, p. 443).

In Massachusetts "the system of grading their work now or at any time hereafter used by manufacturers shall in no way affect or lessen the wages of a weaver, except for imperfections in his own work; and in no case shall the wages of those engaged in weaving be affected by fines or otherwise, unless the imperfections complained of are first exhibited and pointed out to the person or persons whose wages are to be affected; and no fine or fines shall be imposed upon any person for imperfect weaving, unless the provisions of this section are first complied with and the amount of the fines agreed upon by both parties" (1894, 508, 55). And by another statute, "The occupier or manager of every cotton factory shall supply with each warp, to each person engaged as a weaver in said factory who is paid by the piece, cut, or yard, a printed or written ticket containing the following specifications as to the work to be done and wages paid, to wit: The number of cuts; the number of yards per cut or piece; the price per yard, cut, or piece; the number of picks per inch; the number of reeds to the inch. Said occupier or manager shall also supply to each person engaged as a frame tender a specification of the number of roving and price per hank or hanks; and to each person engaged as a warper or web drawer a specification of the number of threads in the warp and the rate of compensation; and to each operative who is paid by the pound a specification of the price to be paid per pound or pounds; said specification to be furnished in each case on a printed or written ticket within seven days from the time that said operative begins work" (1894, 534, 1). While in Indiana fines are absolutely forbidden if retained from wages (1899, 124, 3).

Deductions from wages for supplies furnished are in some States forbidden (§4 below). For hospital service or relief funds (see §8.)

SEC. 2. WEEKLY PAYMENT LAWS, ETC.-Some of the States have enacted weekly or fortnightly payment laws applying to all employees of labor, while in other States they apply only to corporations or in special industries. The first class of laws have usually been held unconstitutional except in Massachusetts; the latter class more rarely, though they have been held unconstitutional in Pennsylvania, Illinois, Missouri, West Virginia, and other important States. The Indiana (general), Wisconsin, and West Virginia statutes do not apply if there be a written contract between any manufacturer or corporation and any employee or "bona fide trades union or labor organization," or, in West Virginia. "a special agreement" to the contrary; which removes

66

the objection of unconstitutionality; but in other States a waiver of the law is expressly declared illegal. In detail, the only States requiring (1) weekly payments by individual as well as corporation employers of labor are, Mass.' 1894, 508, 51; 1895, 438; 1896, 241; 1898, 481; Ind. 1899, 124; Wis. 1729a ("weekly or biweekly "); (2) fortnightly payments, N. J. 1896, 179; 1899, 38; Pa.,* p. 2077, § 27; Ohio, 8769; Me. 1887, 134; Iowa 1894, 98 (as to mines); Mo. 1899, p. 305 (as to mines); W. Va., p. 1003, 2; Wyo. 1891, 82; (3) monthly payments, Va. 1887, 391; Ky. 1898, 15; Tenn. 1891, 5.

*

But several more States have such statutes applying to corporation employers generally, (1) weekly payments, N. H. 180, 21; R. I. 177, 25; Conn. 1749; N. Y. G. L. 32, 1, 10; Ill. 48, 13; Kans. 1893, 187; (2)

*[This note sign is used throughout this report to indicate that the law has been held unconstitutional.] Baur. Reynolds, 14 Pa. Co. Ct., 497; State v. Peel Coal Co., 36 W. Va., 802; State v. Goodwill, 33 W. Va., 179.

1 The Massachusetts law (1894, 508):

SEC. 51. Every manufacturing, mining or quarrying, mercantile, railroad, street railway, telegraph and telephone corporation, every incorporated express company and water company shall pay weekly each employee engaged in its business the wages earned by such employee to within six days of the date of said payment; and every city shall so pay every employee engaged in its business, unless such employee shall request in writing to be paid in some different manner; and every municipal corporation not a city and every county shall so pay every employee in its business if so required by him; but if at any time of payment any employee shall be absent from his regular place of labor he shall be paid thereafter on demand. The provisions of this section shall not apply to any employee of a cooperative corporation or association who is a stockholder therein, unless such employee shall request such corporation to pay him weekly. The railroad commissioners after a hearing, may exempt any railroad corporation from paying weekly any of its employees who, in the opinion of the commissioners, prefer less frequent payments, and when the interests of the public and such employees will not suffer thereby.

SEC. 52. The chief of the district police or any inspector of factories and public buildings may bring a complaint against any corporation which neglects to comply with the provisions of the preceding section. Complaints for such violations shall be made within thirty days from the date thereof. On the trial of such complaint such corporation shall not be allowed to set up any defense for a failure to pay weekly any employee engaged in its business the wages earned by such employee to within six days of the date when such payment should have been made, other than the attachment of such wages by the trustee process, or a valid assignment thereof, or a valid set-off against the same, or the absence of the employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of payment of the wages so earned by him. The corporation shall not be allowed to set up as a defense any payment of wages after the bringing of the complaint. No assignment of future wages, payable weekly under the provisions of this act, shall be valid if made to the corporation from whom such wages are to become due, or to any person on behalf of such corporation, or if made or procured to be made to any person for the purpose of relieving such corporation from the obligation to pay weekly under the provisions of this act.

SEC. 53. When a corporation against which a complaint is made under the preceding section fails to appear after being duly served with process, its default shall be recorded, the allegations in the complaint taken to be true, and judgment shall be rendered accordingly.

SEC. 54. When judgment is rendered upon any such complaint against a corporation the court may issue a warrant of distress to compel the payment of the penalty prescribed by law, together with costs and interest.

"The New York law (1897, 415):

SEC. 10. When wages are to be paid.-Every corporation or joint stock association, or person carrying on the business thereof by lease or otherwise, shall pay weekly to each employee the wages earned by him to a day not more than six days prior to the date of such payment.

But every person or corporation operating a steam surface railroad shall, on or before the twentieth day of each month, pay to the employees thereof the wages earned by them during the preceding calendar month.

SEC. 11. Penalty for violation of preceding sections.-If a corporation or joint

monthly, Ind. 7056; Mo. 2538; Cal. 1897, 170. In Connecticut 80 per cent only need be paid weekly, the balance monthly, and no discount allowed for wages paid in advance (1752). The Massachusetts statute (1898, 481) amended the law which previously applied to all persons having more than 25 employees, so that it now applies to any manufacturer regardless of the number; but in Maine, only to employers having as many as 10 employees; but there seems to be no penalty imposed except upon corporation employers for breach of the law. In New Jersey, Pennsylvania, * Indiana, Ohio, Virginia, West Virginia, and Tennessee the law applies only to mining and manufacturing employments; in Tennessee to railroads also; in Kentucky to mining employers employing as many as 10 persons; in New York, Illinois, Kansas, Ohio, and Maine to all companies except steam surface railways, as to which the New York requires monthly payments not later than the 20th of the month. The Indiana law makes exception of employees engaged in interstate commerce."

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*

In New York and Massachusetts the law does not apply to steam railroads, whose employees may, in New York, be paid monthly on or before the 20th. In Iowa, Missouri, Kentucky, and Wyoming the law only applies to mining labor. In Kentucky, if the employer is "unable to make such payment," he may give a duebill.

The times of such periodical payments are further defined in several States; thus, not later than Friday in each week in Kansas, or 8 days after the week's expiration in New Hampshire and Connecticut, or 6 days thereafter in New York, Indiana, Illinois, and Massachusetts. In Missouri, Pennsylvania, Kentucky, and Wyoming the full amount due up to within 15 days must be paid; but 10 days in Ohio, 9 days in Rhode Island, 8 days in Maine, 12 days in New Jersey, and 20 days in West Virginia. In Allegany County, Md., if the wages of miners or manufacturing employees remain unpaid 30 days, the court may appoint a receiver of the delinquent employer.

Assignments of wages to evade the statute made to the employer, or anyone on his behalf, are declared invalid in New York, New Jersey, Indiana, Pennsylvania, Illinois, California. Employers failing to comply with these laws are commonly made liable to a fine, or, in Missouri, Kansas, and Indiana, to increased damages to the employee; or, in Connecticut, half the penalty to the person suing. In West Virginia there appears to be no penalty.

SEC. 3. MONEY OF WAGE PAYMENTS.-The English antitruck act, passed in 1831, has been copied in many of the States, outside of New England, in laws providing generally that laborers may be paid only in money, not in goods or orders, even orders for the payment of

stock association, its lessee or other person carrying on the business thereof, shall fail to pay the wages of an employee as provided in this article, it shall forfeit to the people of the State the sum of fifty dollars for each such failure, to be recovered by the factory inspector in his name of office in a civil action; but an action shall not be maintained therefor, unless the factory inspector shall have given to the employer at least ten days' written notice, that such an action will be brought if the wages due are not sooner paid as provided in this article.

On the trial of such action such corporation or association shall not be allowed to set up any defense, other than a valid assignment of such wages, a valid set-off against the same, or the absence of such employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of the payment of the wages so earned by him, or a breach of contract by such employee or a denial of the employment.

2

money; but in many States where the law has been questioned the courts have held it unconstitutional. Thus, in many States the law is that all employers of labor may pay only in lawful money and not in goods or orders upon company stores or any other stores, nor may (except in Maryland and New Mexico) he set off money so due for goods against money due for wages, even by a voluntary contract of the laborer. In other States the weekly payment statute (§ 2 above) mentions that such payments must be in "lawful money" (N. J., Ind., W. Va.,* Ky). In others the statute is the same, but it applies only to corporation employers. In some the law applies only to certain industries, such as mining. In Maryland its operation is upon railways and mining companies and is made local to Allegany or Garrett County, and applies only to corporations employing ten or more hands. In Ohio the employer may give orders on stores, etc., "in which he is not interested, directly or indirectly, and any such order is held to be an instrument for the payment of money on demand, and may be sued on as such" (Ohio 7015-1, annulled as unconstitutional). The employer offending is usually made guilty of a misdemeanor, or liable to the employee in damages, or for a penalty, and contracts to the contrary are forbidden."

3

5

4

8

And in other States the money payment must either be cash or orders in lawful money, payable at a limited period,' or at sight. (And compare also § 4, below.) But in several of these States the statute expressly provides that checks, notes, or orders for money may be given, payable at any time, though in Ohio and South Carolina they must be checks on a bank." Bank bills may, however, be used, though not legal tender, with the employee's consent.10 And the Texas lien law requires all payments to laborers to be made in cash.

In Louisiana there is a new law prohibiting the issue of checks or tickets redeemable in goods alone by any person, firm, or corporation; and such checks, etc., must be redeemed in money." And a new statute in Missouri makes it a misdemeanor for any person or corporation to pay wages in orders, etc., not redeemable in money at their face value, and not to redeem the same at any time during business hours when

1N. J. Rev., pp. 750, 1375; Sup., p. 771; 1899, 38; Pa.* 1881, June 29 (held unconstitutional); Ohio* R. S. 7015 (annulled as unconstitutional); Ill.* 48, 8 (annulled as unconstitutional); W. Va.,* p. 1002, §1 (annulled as unconstitutional); Ky. 1898, 15; Wash. 2531; S. C., C. C. P., 317; N. Mex. 1893, 26; Ark. 1899, 172; Colo. 1899, 155. 2N. Y. G. L. 32, 1, 9; Ohio* 1890, p. 78 (annulled as unconstitutional); Ky. Const. 244 (as to general labor); Kans. 1897, 145 (applies to all corporations or trusts employing ten or more persons); Cal. 1897, 170, 6.

3 Thus, to mining employees only: Ill. 1897, p. 270 (probably unconstitutional); Iowa 1888, 55; Ind. 7059; Md. Local Laws 185; 1892, 445; Va. 1887, 391, 3; Ky. Const. 244; Wyo. 1891, 82. Or to manufacturing companies (Ind., Md., Va., Ky.); or to various specified industries (N. J.).

4 *N. J., Pa., Ind. R. S. 7063; Md., Va., Wash. 2532; W. Va.* Ky. 1350; Kans. ib. § 3; La.

5 N. J.; Ind. R. S. 7062; Wash. 2533; N. Mex. ib. 2.

"Kans. ib., § 2; Md. Loc. L. Allegany Co. § 185; Ind. R. S. 7071; Cal.

Ind. 7066; Kans. 1899, 152; Tenn. 1887, 209. It must be at a fixed time and with 8 per cent interest; Ind. 7060.

8 Mich. 1897, 221; Ill. 1895, p. 263; Iowa; Kans.; Wash.; Cal.; N. Mex.; Va. 1887, 391, 3; Tenn. 1899, p. 17. With interest: Va.; W. Va. (annulled as unconstitutional);

Wyo.

Ind. ib.; S. C.; Ohio, 1890, p. 78 (annulled as unconstitutional).
10 Md. Local Laws 187.

11 La. 1894, 71.