SEC. 9. OTHER LAWS REGULATING OR PROHIBITING THE EMPLOYMENT OF WOMEN AND CHILDREN.

Women.-As a general rule, women of full age may be employed in all avocations that are open to men and are not protected or restricted by any special legislation. A woman is generally a citizen for all purposes except voting, serving in the militia or upon roads, and serving upon juries, though in some States she has special privileges, as that she may not be arrested or imprisoned for debt, etc.; but some States have statutes expressly stating this. Thus, in Illinois, California (by the constitution), and Washington "No person shall be precluded or debarred from any occupation, profession, or employment (except military) on account of sex.1 "Provided (in Illinois and Washington) that this act shall not be construed to affect the eligibility of any person to an elective office." And in Illinois, “Nothing in this act shall be construed as requiring any female to work on streets or roads, or serve on juries.

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But the employment of women in mines is in some States forbidden (see sec. 5), and States are beginning to pass statutes forbidding their employment in houses, theaters, or places of amusement where liquor is sold at retail (Md. 1898, 123, 900; Wash. 1895, 90; La. 1894, 43). Such laws have sometimes been held unconstitutional; but the better opinion is that they are allowable under the police power.

There is an almost universal statute that female employees shall be furnished with seats in (1) manufacturing, mechanical, or mercantile establishments, or stores (N. H. 1895, 16; Mass. 1894, 508, 30; R. I. 68, 8; Conn. 3604; N. Y. G. L. 32, 17, and 170; N. J. Sup., p. 360, 1898, 192; Pa. 1897, 26, 4; Ohio 8767, 1898, p. 35; Ind. 2246; Mich. 1893, 91; Iowa 1892, 47; Minn. R. S. 2244; Nebr. 1899, 107; Del. 127, 1; Mo. 3500, 1891, p. 179; Cal. 1889, 5; Colo. 3604-3605; Wash. Pen. C. 219; Md. 1898, 123, 505; 1896, 147; Del. 127, 1; 1897, 452; Va. 1898, 53; S. C. 1899, 71; Ga. 1889, p. 167; Ala. 1889, 92, in stores only; D. C. U. S. 1895, 192; La. 1886, 43, 5; Utah 1897, 11;) (2) offices (Ind., Minn., Nebr. 6941, Wash., Md. ib.); (3) schools (Nebr., Wash., Md. ib.); (4) hotels or restaurants (Minn., Mich., Nebr., Utah); "in any business" (Ind., Minn., Va., Utah); also separate toilet rooms (Mass. ib. 33; R. I., Conn. 2267; N. Y. ib. 88 and 168; N. J. Sup., p. 773, 22; Pa. ib. 8; Ohio, ib.; Ind. 1897, 65, 9; Del. 1897, 452; Mich. 1897, 92, 10; Tenn. 1897, 98); screened stairways, and see Chap. IV, § 1 (N. J. ib., 21; Mich. 1895, 184, 7). In New York women and children are not allowed to work in basements of mercantile establishments, except under permit from the board of health (N. Y. ib. 171). The law prohibiting labor of children, etc., in mines, in some States forbids their employment in all "underground work," whatever that may mean (see above).

In New York no woman or minor under 18 can be employed in a

It shall be unlawful for any employer of female labor, or any overseer, superintendent, foreman or boss of any such employer of female labor to use toward female employees any abusive, indecent or profane language, or to in any manner abuse, misuse, unnecessarily expose to hardship, or maltreat any such female employee. Any person violating any provision of section 4 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten and not exceeding one hundred dollars for each offense.

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

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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.

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In Nebraska (1897, 36) and Ohio (1890, p. 161, 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 'Mass. 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

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.1 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;2 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