Mississippi, New Mexico, Arizona, Oklahoma, South Dakota, and the District of Columbia.

to a constable, or other authorized officer, and such officer shall arrest the person or persons so charged, and bring him or them before the justice issuing such warrant, for a hearing. And it shall be the duty of all constables and policemen to aid in the enforcement of this act.

SEC. 415. In the default of the payment of the fine or penalty imposed under any of the provisions of this act, it shall be lawful for any justice of the peace, or court of record before whom any person may be convicted of a violation of any of the provisions of this act, to commit such person to the county jail, there to remain for not ess than twenty days nor more than ninety days.

In New Jersey (Sup., p. 407, §9):

*

*

* No boy under the age of twelve years, nor any girl under fourteen years of age, shall be employed in any factory, workshop, mine or establishment where the manufacture of any goods whatever is carried on.

In Louisiana (1886, 43, § 1):

No boy under the age of twelve years, and no girl under the age of fourteen years, shall be employed in any factory, warehouse or workshop where the manufacture of any goods whatever is carried on, or where any goods are prepared for manufacturing. In Pennsylvania (1897, 26, § 2, as amended by act No. 123, acts of 1897):

No child under thirteen years of age shall be employed in any factory, manufacturing, or mercantile industry, laundry, workshop, renovating works or printing office within this State. It shall be the duty of every person so employing children to keep a register in which shall be recorded the name, birthplace, age and place of residence, name of parent or guardian, and date when employment ceases, of every person so employed by him under the age of sixteen years. And it shall be unlawful for any factory, manufacturing or mercantile industry, laundry, workshop, renovating works or printing office, to hire or employ any child under the age of sixteen years, without there is first provided and placed on file an affidavit made by the parent or guardian, stating the age, date, and place of birth of said child. If said child have no parent or guardian, then such affidavit shall be made by the child, which affidavit shall be kept on file by the employer and shall be returned to the child when employment ceases, and in no case shall there be a charge to exceed twenty-five cents for administering the oath for the issuing of the above certificate. And after the first day of January, one thousand eight hundred and ninety-eight, it shall be unlawful for any manufacturing establishment, mercantile industry, laundry, renovating works, printing office, mechanical or other industrial establishment to employ any minor under the age of sixteen years who can not read and write in the English language, unless he presents a certificate of having attended during the preceding year, an evening or day school for a period of sixteen weeks. Said certificate shall be signed by the teacher or teachers of the school or schools which said minor attended, and said register, affidavit and certificates shall be produced for inspection on demand by the inspector or any of the deputies appointed under this act.

In Maine (1887, 139, §5):

No child under twelve years of age, shall be employed in any manufacturing or mechanical establishment in this State. Whoever, either for himself, or as superintendent, overseer or agent of another, employs or has in his employment any child in violation of the provisions of this section, and every parent or guardian who permits any child to be so employed, shall be punished by a fine of not less than twentyfive nor more than fifty dollars for each offense.

In Rhode Island (68, § 1):

No child under twelve years of age shall be employed in any factory, manufacturing or mercantile establishment, within this State. It shall be the duty of every person, firm or corporation employing children, to keep a register in which shall be recorded the name, birthplace, age and place of residence of every person employed under the age of sixteen years; and said register shall be produced for inspection on demand by either of the inspectors appointed under this chapter.

In Maryland (Local, 100, § 4, added by chapter 317, acts of 1894):

No proprietor or owner of any mill or factory in this State, other than establishments for manufacturing canned goods, or manager, agent, foreman or other person in charge thereof, shall, after the first day of October, in the year eighteen hundred and ninetyfour, employ or retain in employment in any such mill or factory, any person or per

§ 6. DANGEROUS MACHINERY IN FACTORIES, etc., (see below).-In several States the employment of children under a prescribed age is spc

sons under twelve years of age; and if any such proprietor or owners of any such mill or factory, or manager, agent, foreman or other person in charge thereof, shall willfully violate the provisions of this section, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than one hundred dollars for each and every offence so committed, and pay the costs of prosecution, one-half of the fine to go to the informer and the other half to the school fund of the county or city in which the offense shall have been committed; Provided, That nothing in this act shall apply to Frederick, Washington, Queen Anne's. Carroll, Wicomico, Caroline, Kent, Somerset, Cecil, Calvert, St. Mary's, Prince George's, Howard, Baltimore, Worcester and Harford counties.

By the constitution of North Dakota (§ 209):

The labor of children under twelve years of age shall be prohibited in mines, factories and workshops in this State.

West Virginia (p. 998):

SEC. 1. That no minor under twelve years of age shall be employed in any mine or in any factory, workshop, manufactory or establishment where goods or wares are manufactured; and in all cases of minors applying for work, it shall be the duty of the manager, superintendent, foreman or operator to see that the provisions of this section are complied with.

SEC. 2. Any manager, superintendent, foreman, or operator of such mine, factory, workshop, manufactory, or establishment, and parents or guardians, allowing a child under twelve years of age to work in violation of section first of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than twenty dollars for each and every such offense.

Tennessee (1893, 159):

SEC. 1. It shall be unlawful for any proprietor, foreman, owner, or other person to employ any child less than twelve (12) years of age in any workshop, mill, factory, or mine in this State.

SEC. 2. If any proprietor, foreman, or owner should not be informed as to the age of the child, he or they can request the parent or guardian to furnish a sworn statement, which shall be sufficient proof of the age of the child.

SEC. 3. Any proprietor, foreman, or owner employing a child less than twelve (12) years of age, or any guardian or parent giving such sworn statement for a child less than twelve (12) years of age, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty (50) dollars nor more than five hundred (500) dollars.

New Hampshire (93, Sec. 10):

No child under the age of ten years shall be employed in any manufacturing establishment.

Nebraska (6953–6955):

SEC. 6953. No male or female child under the age of twelve years shall be employed in any railroad shops, factories, shops, or mines to exceed four months in any one year.

SEC. 6954. If any person or persons, or body corporate, shall hereafter employ, or if any parent or guardian shall consent to the employment of any male or female child under the age of twelve, as aforesaid, contrary to the provisions of the preceding section, and proof be made thereof before any police judge or justice of the peace of the city, town, or district where such offense is committed, he, she, or they so employing such child, or consenting thereto, as aforesaid, shall, upon conviction, for every such offense, pay a fine of not less than ten nor more than fifty ($50) dollars, said fine to be applied to the use of the public schools of the proper city, town, or district: Provided, That no conviction shall be had under this act unless proceedings thereunder shall be commenced within one month after the offense shall have been committed.

SEC. 6955. All city, town, and district police and constables are hereby authorized and required, and it is hereby made their duty to attend to the strict observance of the two preceding sections of this act when complaint shall have been properly made to them of a violation of the same.

And (1899, 108) any male or female child under the age of ten years shall not be employed in any manufacturing, mechanical, industrial, or mercantile establishment.

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age

cially forbidden as to running elevators1 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 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." 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.' And in 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.

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.

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

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. In 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.

7 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. Ĝ. 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. EDUCATIONAL 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,' 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.

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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. Da1.

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

* Mass., Conn., S. Dak.

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

8

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