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be posted in the room, and the house or tenement made subject to official inspection. But the law does not apply to apartments “not used for living or sleeping purposes” (Mass.). In some States the inspecting and licensing is left to the board of health (Ill.), and in others to the police authorities (Mass.), or factory inspector (N. Y., Pa., N. J., Ind., Mich., Mo.). In several States the sale of goods made in tenements in violation of the law is prohibited (Ohio, N. Y., Mo.), or such goods are required to be labeled “tenement made' (Mass., N. Y., Mo.); in some they may be seized and destroyed by the board of health (Mass., Pa. N. Y., Ill.), and no one can contract with a member of a family not holding a license for such work in such tenement (Mass., N. J., N. Y., Pa., Ind., Mich., Ohio). Many of the States have given the inspecting authorities power over garments or goods imported into the State (Mass., N. Y., Ill.). Such tenements, etc., must always be kept in a cleanly condition; in some States 250 feet cubic air space by day, 400 by night, for each person is required (N. Y., Pa., Ind.). Usually sweatshop employers must keep a registry of all persons to whom they give work (N. Y., Pa., Ohio, Mich., Mo.). as to prevent the employment of a tailor or seamstress by any person or family for the making of wearing apparel for such person's or family's use.

SECTION 45. If said inspector finds evidence of infectious disease present in any workshop or in any room or apartment in any tenement or dwelling house in which any garments or articles of wearing apparel are made, altered or repaired, or in goods manufactured or in the process of manufacture therein, he shall report the same to the chief of the district police, who shall then notify the local board of health to examine said workshop or any room or apartment in any tenement or dwelling house in which any garments or articles of wearing apparel are made, altered or repaired, and the materials used therein; and if said board shall find said workshop or tenement or dwelling house in an unhealthy condition, or the clothing and materials used therein unfit for use, said board shall issue such order or orders as the public safety may require..

Sec. 46. Whenever it is reported to said inspector or to the chief of the district police, or to the state board of health or to either of them, that ready-made coats, vests, trousers, overcoats or other garments are being shipped to this Commonwealth, having previously been manufactured in whole or in part under unhealthy conditions, said inspector shall examine said goods and the condition of their manufacture, and if upon such examination said goods or any of them are found to contain vermin or to have been made in improper places or under unhealthy conditions, he shall make report thereof to the state board of health, which board shall thereupon make such order or orders as the public safety may require.

SEC. 47. Whoever sells or exposes for sale any coats, vests, trousers or any wearing apparel of any description whatsoever which have been made in a tenement or dwelling house in which the family dwelling therein has not procured a license, as specified in section forty-four of this act, shall have affixed to each of said garments a tag or label not less than two inches in length and one inch in width, upon which shall be legibly printed or written the words "tenement made," and the name of the State and the town or city where said garment or garments were made.

SEC. 48. No person shall sell or expose for sale any of said garments without a tag or label as aforesaid affixed thereto, nor sell or expose for sale any of said garments with a false or fraudulent tag or label, nor willfully remove, alter or destroy any such tag or label, upon any of said garments when exposed for sale.

In Maryland (1896, 467, 149 A):

If any individual or body corporate engaged in the manufacture or sale of clothing or of any other article whereby disease may be transmitted, shall, with reasonable means of knowledge, by purchase, contract or otherwise, directly or indirectly, cause or permit any garments, or such other articles as aforesaid, to be manufactured or made up, in whole or in part, or any work to be done thereupon within this State, and in place or under circumstances involving danger to the public health, the said individual or corporation, upon conviction in any court of competent jurisdiction, shall be fined not less than ten dollars or more than one hundred dollars for each garment manufactured, made up or worked upon.


The States having sweat-shop laws have usually extended similar provisions to the regulation of bakeries as to sanitary condition (Conn. 1897, 174; N. J. 1896, 181; N. Y. G. L. 32, 110; Pa. 1897, 95; Ohio 1898, p. 159; Wis. 1897, 375; Minn. 2251; Mo. 1891, p. 159; 1899, p. 274); prohibiting sleeping rooms and living rooms being used as such (Conn. N. Y., Pa., Ohio, Wis., Minn., Mo., N. J.), and specially limiting the hours of labor in such employment. (See Chap. I, Art. B, sec. 4.



Reference is made to the special report on mining labor, in this volume.




AGRICULTURAL LABOR, DOMESTIC SERVICE. Sec. 1. GENERAL.—There is very little legislation on this subject. South Carolina has laws relating to sharing of crops with laborers, and making penal the breach of a contract for agricultural labor. There has never been any attempt at the regulation of the hours of agricultural labor or domestic service. The antitrust laws do not in some States apply to agricultural labor or to combinations of farmers

In South Carolina:

CHAPTER 85.- Contracts with, employment and payment of wages of, laborers. (a) Sec. 2215. All contracts made between owners of land, their agents, administrators or executors, and laborers shall be witnessed by one or more disinterested persons, and, at the request of either party, be duly executed before a trial justice, whose duty it shall be to read and explain the same to the parties. Such contracts shall clearly set forth the conditions upon which the laborer or laborers engaged to work, embracing the length of time, the amount of money to be paid, and when; if it be on shares of crops, what portion thereof.

SEC. 2216. Whenever labor is performed under contract on shares of any crop, such crop shall be gathered and divided off before it is removed from the place where it was planted, harvested or gathered. When desired by either party to the contract, such division shall be made by a disinterested person, who shall be chosen by and with the consent of the contracting parties. If the parties fail to agree upon any disinterested persons, or if within ten days after such division complaint is made that it has been unfairly made, it shall be the duty of the trial justice residing nearest the place where such crop is planted, harvested or gathered to cause, under his immediate supervision, such equitable division as may be stipulated in the contract. Such disinterested person or trial justice shall receive reasonable compensation for such service, to be paid by both of the contracting parties, according to their several interests, except in case of an attempt by one of the contracting parties willfully to defraud the others, and then such compensation shall be paid by the party so attempting to defraud the other. When such division has been made each party shall be free to dispose as they see fit of their several portions: Provided, That if either party be in debt to the other for any obligation incurred under contract, the amount of said indebtedness may be then and there settled and paid by such portion of the share of the party so indebted as may be agreed upon by the parties themselves, or set apart by the trial justice, or any person chosen to divide said crop.

Sec. 2217. Laborers who assist in making any crop on shares, or for wages in money or other valuable consideration, shall have a lien thereon to the extent of the amount due them for such labor, next in priority to the lien of the landlord for rent; and as between such laborers there shall be no preference. Such portion of the crop to them belonging, or such amount of money or other valuable consideration as may be due them, shall be recoverable by an action in any court of competent jurisdiction.

SEC. 2218. Unless otherwise provided by special contract, all persons who employ laborers upon plantations or elsewhere by the day, week, month or year shall pay such laborers or employees in lawful money.

See Chap. 1, Art. E, $ 2.
In South Carolina (Crim. Laws) :

SEC. 288. Whenever such contract is violated, or attempted to be violated, or broken, or whenever fraud is practiced or attempted to be practiced, by either party to such contract or contracts, at any time before the conditions of the same are fulfilled

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to increase the price of produce, etc. (See Chap. X, $ 3.) But the Texas statute (March 30, 1887) exempting “agricultural products or live stock while in the hands of the raiser," has been held unconstitutional. (See Chap. II, Art. B, 87, above.) The North Carolina law of 1899 contains a similar provision.

Sec. 2. LIENS ON CROPS. - It is very commonly provided that croppers, or laborers working land upon shares, shall have a lien upon the crops for their wages, or other share. (See also Chap. II, Art. B, $ 8.)

and the parties released therefrom, complaint may be made before a trial justice. If the offending party be the land owner or owners, his, her or their agent or agents, and fraud has been practiced or attempted to be practiced, either in keeping in any account or accounts between him, her and them or the other party or parties to such contract or contracts, or in the division of the crop or crops, or the payment of money or other valuable consideration, upon conviction such offender or offenders shall be fined in a sum of not less than five dollars nor more than one hundred ($100) dollars, or be imprisoned not less than ten days nor more than thirty days; or if it be a disinterested party chosen to make a division or divisions of crops as provided in Chapter LXXXV, Article 2, of these statutes, he, she or they shall be liable for prosecution as for a misdemeanor, and on conviction shall be fined in a sum of not less than five nor more than one hundred dollars, or be imprisoned for a period not less than ten days nor more than thirty days.

If the offending party be a laborer, or laborers, and the offense consists either in failing willfully and without just cause to give the labor reasonably required of him, her or them by the terms of such contract, or in other respects shall refuse to comply with the conditions of such contract or contracts, or shall fraudulently make use of or carry away from the place where the crop or crops he, she or they may be working or [are] planted any portion of said crop or crops, or anything connected therewith or belonging thereto, such person or persons so offending shall be liable to prosecution, and on conviction before any trial justice be fined in a sum of not less than five dollars nor more than one hundred dollars, or be imprisoned for a period of not less than ten days or more than thirty days.

SEC. 289. Any trial justice, or other officer before whom complaint is made, and whose duty it is to try such cases as provided in the preceding section, who shall offend against the true intent and meaning of Chapter LXXXV, Article 2, of these statutes, or shall refuse to hear and determine impartially all cases that may be brought before him under the provisions of said chapter, and all peace officers whose duty it is to apprehend all offenders against the laws of the State who shall refuse to perform their duty in bringing to justice any and all offenders against the preceding section and the above mentioned chapter, shall be liable to a charge of malfeasance in office, and upon proof to conviction shall be forth with removed from office and fined a sum not less than fifty nor more than one hundred dollars.

SEC. 290. Any person or persons who shall offer to any laborer or employee, at the time when the wages of such laborer or employee are due and payable by agreement, unless otherwise provided for by special contract, as compensation for labor, or services performed, checks, or scrips of any description, known as plantation checks, payable at some future time, or in the shops or stores of employers, in lieu of lawful money, shall be liable to indictment and punishment, by a fine not exceeding two hundred dollars, or by imprisonment not exceeding one year, or both, according to the discretion of the court: Provided, The word “checks” herein shall not be construed so as to prohibit the giving of checks upon any of the authorized banks of deposit or issue in this State.

3 Tex. 4847 a, 13; Mon. P. C. 325; Ala. 1891, 202, 3; Miss. 1890, 36, 13. (See, for these laws, report of Professor Jenks.)

1 Thus, in Idaho (1893, Feb. 27, Chap. 3) :

Sec. 1. Any person who does any labor on a farm or land in tilling the same, or in cultivating, harvesting, or housing any crop or crops, raised thereon has a lien on all such crop or crops for such labor; Provided, That the interest of any lessor or lessors in any crop where the premises are leased in consideration of a share of the crop raised thereon, is not subject to such lien.

SEC. 2. Any person claiming the benefit of this chapter, must within sixty days after the close of said work or labor file for record with the county recorder of the county in which said work and labor was performed, a claim which shall be in substance in accordance with the provisions of section 7, of chapter 2, of this act, so far

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