« PreviousContinue »
lengthy and complicated, but liable to amendment or change at each session of the legislature. It is wholly out of the question to incorporate them in this report. It may be stated, in a general way, that they undertake to give all classes of mechanics, or material men, liens either on the building and land covered by the lien, or upon the building and a certain amount of land surrounding it; and, in some States, such liens even take precedence of the prior mortgage. There is also a very elaborate statute requiring head contractors, or employers generally, to require bonds from subcontractors for the payment of their labor; and in Georgia the person for whom the building is being done is not even allowed to pay his contractor more than 75 per cent of the money due until all labor is shown to have been paid.
Liens on personal property.—There are also other general statutes for liens on personal property, made or repaired, for the work done; and in special employments, such as lumbering, on the logs, etc. Such liens would probably exist without statute by the common law.
Arkansas, Idaho, Georgia, Florida, Texas, and Louisiana codify the law of artisans' or servants' liens and apply the law also to liens on land or crops for agricultural labor, which lien in other States exists usually only under the system of farming on shares, or is provided for by special statute. See Chap. VI, § 3. (Ark. 47664781; Idaho Feb. 27, 1893, Chap. 3; Ga., 1977; Fla. 1728; Tex. 1897, 152; La. Civ. C. 2770-2777, 3216, 3217.)
This subject having been deputed specially by vote of the Commission to Mr. Olmsted, reference is made to his report in this volume.
SEC. 1. CONVICT-MADE GOODS.-Several States have adopted statutes requiring convict-made goods of other States to be so marked before being placed on sale. They are generally unconstitutional.
Convict-made goods made in the State or elsewhere must be labeled. and can, in New York, Ohio, and Indiana, only be sold by persons spe cially licensed therefor? (N. Y. G. L. 32, 50-55; Pa. Dig., p. 1661; Ohio 8662; 1894, p. 346).
1 Thus, in New York (G. L. 32):
SEC. 50. License for sale of convict-made goods.—No person or corporation shall sell, or expose for sale, any convict-made goods, wares or merchandise, either by sample or otherwise, without a license therefor. Such license may be obtained upon application in writing to the comptroller, setting forth the residence or post-office address of the applicant, the class of goods desired to be dealt in, the town, village or city, with the street number, if any, at which the business of such applicant is to be located. Such application shall be accompanied with a bond, executed by two or more responsible citizens, or some legally incorporated surety company authorized to do business in this State, to be approved by the comptroller, in the sum of five thousand dollars, and conditioned that such applicant will comply with all the provisions of law, relative to the sale of convict-made goods, wares and merchandise. Such license shall be for a term of one year unless sooner revoked. Such person or corporation shall pay, annually, on or before the fifteenth day of January, the sum of five hundred dollars as a license fee, into the treasury of the State, which amount shall be credited to the maintenance account of the State prisons.
Such license shall be kept conspicuously posted in the place of business of such licensee.
SEC. 51. Revocation of license.—The comptroller may revoke the license of any such person or corporation, upon satisfactory evidence of, or upon conviction foj the violation of any statute regulating the sale of convict-made goods, wares oi merchandise; such revocation shall not be made until after due notice to the licensee so complained of. For the purpose of this section, the comptroller or any persor duly appointed by him, may administer oaths and subpæna witnesses and take and hear testimony.
Sec. 52. Annual statement of licensee.- Each person or corporation so licensed shall, annually, on or before the fifteenth day of January, transmit to the secretary of state a verified statement setting forth:
1. The name of the person or corporation licensed.
2. The names of the persons, agents, wardens or keepers of any prison, jail, penitentiary, reformatory or establishment using convict labor, with whom he has done business, and the name and address of the person or corporation to whom he has sold goods, wares and merchandise, and
3. In general terms, the amount paid to each of such agents, wardens or keepers, for goods, wares or merchandise and the character thereof.
SEC. 53. Labeling and marking convict-made goods.--All goods, wares and merchandise made by convict labor in a penitentiary, prison, reformatory or other establishment in which convict labor is employed, shall be branded, labeled or marked as herein provided. The brand, labor or mark, used for such purpose, shall contain at the head or top thereof the words “convict-made,” followed by the year
In some States the law applies only to convict-made goods manufac tured outside the State, and is probably unconstitutional (Ind., 1895, 162; Ky. 524-526; Wis. 1897, 155).
The importation of foreign convict-made goods is forbidden by act of Congress (U. S. 1897, c. 11).
when, and the name of the penitentiary, prison, reformatory or other establishment in which the article branded, labeled or marked was made.
Such brands, labels and marks shall be printed in plain English lettering, of the style and size known as great primer Roman condensed capitals. A brand or mark shall be used in all cases where the nature of the article will permit and only where such branding or marking is impossible shall a label be used. Such label shall be in the form of a paper tag and shall be attached by wire to each article, where the nature of the article will permit, and shall be placed securely upon the box, crate or other covering in which such goods, wares or merchandise are packed, shipped or exposed for sale.
Such brand, mark or label shall be placed upon the most conspicuous part of the finished article and its box, crate or covering.
No convict-made goods, wares or merchandise shall be sold or exposed for sale without such brand, mark or label.
SEC. 54. Duties of commissioner of labor statistics relative to violations; fines upon convictions.—The commissioner of labor statistics shall enforce the provisions of this article. If he has reason to believe that any of such provisions are being violated, he shall advise the district attorney of the county wherein such alleged violation has occurred of such fact, giving the information in support of his conclusion. The dis trict attorney shall, at once, institute the proper proceedings to compel compliance with this article and secure conviction for such violations.
Upon the conviction of a person or corporation for a violation of this article, one half of the fine recovered shall be paid and certified by the district attorney to the commissioner of labor statistics, who shall use such money in investigating and secur ing information, in regard to violations of this act and in paying the expenses of such conviction.
SEC. 55. Articles not to apply to goods manufactured for the use of the State or a municipal corporation.-Nothing in this article shall apply to or affect the manufac. ture in State prisons, reformatories and penitentiaries, and furnishing of articles foi the use of the offices, departments and institutions of the State or any political divi. sion thereof.
SPECIAL PROVISIONS RELATIVE TO FACTORY AND
Sec. 1. FACTORY Acts. The subject of hours of labor in factories as well as in general occupations was necessarily treated together (See Chap. I, Art. B). The theme of this chapter is that covered by what is known as the factory acts, first passed in England in 1831, and the recent statutes applying to aggregated labor employed in tenements or other places not technically factories. These are known as “sweatshops." By far the most complete legislation on this subject was found in Massachusetts, but the recent New York general act upon labor is even more full. These statutes are, therefore, printed in full in the note (17).
In all, about half the States have so far passed what may be called a factory act; that is, laws for the regulation, mainly sanitary, of conditions in factories and workshops. These include most of the States which have dealt at all by statute with the limitation of hours of labor; the New England States generally, New York and the Northern Central and Northwestern States following its legislation. There are almost no factory acts in the South nor in the purely agricultural States of the West, but these statutes are being passed rapidly, and, moreover, in States where they have already been enacted, are being amended every year. The simpler way to show their general nature is to describe briefly their purport, as follows:
Factory acts.— The States adopting such legislation have usually created one or more factory inspectors, charged with the duty of seeing that the statutes are carried out, generally with powers to enter personally or by deputy and to inspect all factories at any time. Accidents must be promptly reported to such inspectors.?
The most usual statutes are those making provision for proper fire escapes; or against use of explosive oils, etc., for the removal of
1 Mass. 1894, 481; R. I. 68, 3; Conn. 2264; N. Y. G. L. 32, Art. 5; Art. 6, 90; 1899, 192; N. J. 1894, 54; Sup. p. 407, 12, 13; Pa. Dig., p. 865; 1897, 26,10; Ohio 2573'a, b; Ind. 1899, 142, 13 and 19; Ill. 1893, p. 9; Mich. 1895, 184; Del. 1897, 452,7; Iowa 1896, 86; Wis. 1021' b; Minn. 2259; Mich. 1895, 184, 12; 1897, 241; Tenn. 1891, 157; 1899, 401; Mo. 8216-8218. One or some of these must be women (R. I., Pa., Del.).
a N. Y.'G. L. 32, 87; Pa. 1897, 26, 7; Ohio 1898, p. 43; Mass. ib. § 8; R. I. 68, 7; N. J. Sup. p. 772, 15; Ind. ib. 8; Minn. 2256; Mo. 1891, p. 159; Wash. 1897, 29.
SN. H. 116, 1; Me. 26, 26; Mass. ib. 24; Vt. 1892, 83; R. I. 108, 1; Conn. 2645; 1895, 254; N. Y. G. L. 32, 62; N. J. 1890, 63; Pa. Dig., p. 865, 21; Ohio 2573; Ind., 1897, 56, 6; Ill. 55a, 1; Mich. 1897, 11 111; Wis. 4575a; Minn. 8005; Nebr. 1897, 39; Del. 127, 1; Va. 1890, 199; Mo. 8220; N. Dak. Pol. C. 1717; S. Dak. Pol. C. 2416; Ga. 1889, 610; La., 1888, 97; D. C. 1887, 45; Wash. 1891, 81; Mont. 1891, 282; Wy. 1891, 80; Md. 1898, 123, 280.
noxious vapors or dust by fans or other contrivances;' requiring guards to be placed about dangerous machinery, belting, elevators, wells, airshafts, crucibles, vats, etc.; providing that doors shall open outward;o prohibiting the machinery from being cleaned while in motion by any person' (very many of the States provide that machinery shall not be cleaned by women or minors under a certain age;8 see Chap. I, Art. B, $ 5); requiring mechanical belt shifters, etc.;' requiring connection by bells, tubes, etc., between any room where machinery is used and the engine room; 10 laws requiring a certain amount of cubic air space in factories (or other statutes to prevent overcrowding) and secure sanitary conditions generally;" requiring walls to be limed or painted; laws providing specially for decency on the part of the operatives, such as laws requiring separate toilet rooms; 18 laws requiring screened stairways" or handrails on stairways.15 Finally, there are many statutes regulating the construction of buildings, providing for railings upon scaffolds, and for suitable scaffolds generally. These will usually be found in the building laws, which are often specially enacted for special cities. As they are not primarily enacted as statutes concerning labor, but as part of the police regulation of building, they form no logical part of this report. Moreover, it would be quite impossible to digest them, on account of their number and frequent change. Employers are frequently permitted or required to ring bells and use whistles in towns and cities for the purpose of waking their employees, or giving them other notice. 16
(For definitions of factories 11 under this statute, see also Art. A, S 3.) NOTE.—The New York and Massachusetts provisions relating to factory inspection, in full, follow. New York (1897, 415, being ch. 32, G. L.):
ARTICLE I.-General provisions.
SEC. 2. Definitions.—The term employee, when used in this chapter, means a mechanic, workingman, or laborer who works for another for hire.
The person employing any such mechanic, workingman, or laborer, whether the
* Conn. 1893, 204; N. Y. G. L. 32, 86 and 81; N. J. Sup. p. 773, 25; Pa. Dig: p. 866; Ind. 1897, 65, 8; Ohio 1898, p. 30; p. 155; Mich. 1895, 184; Minn. 2253; Md. 27, 148; Mo., Cal. 1889, 5. Against noxious vapors by fans, etc., see: Mass. 1894, 508, 38 and 39; R. I. ib. 9; N. J. ib. 24; III. 1897, p. 250; Mo. ib.; 1891, p. 179; 1897, p. 143; Mich. 1887, 136; Minn. 2249, 2250; Cal. 1889, 5; La. 1890, 123. Such laws are constitutional (People v. Smith, 66 N. W. 382).
6 Mass. ib. $$ 23, 41-43; R. I. 68, 5; 108, 15; Conn. 2265, 2266; N. Y. ib. 79; N. J. Sup. p. 772, 16 and 18; Ohio 2573 c; Ind. ib. 5 and 9; Mich. 1897, 22, 5; Wis. 1887, 549; Pa. 1897, 26, 5; Minn. ibid.; Mo. ibid.; Tenn. 1899, 401, 3.
6 Mass. ibid; N. J. 1887, 177, 6; Ind. ib. 6; Wis. 1636 c; Mich. ib.; Minn. 2252; Miss. 2088; Dak., Ind., Mo.; Ń. Dak. Pol. C. 1719; S. Dak. Pol. C. 2412.
Mass., Conn., N. Y.; N. J. ib. 17; Pa. ib. 6; Ind.; Mich. Compare $$ 14, 17, 18; Stimson's Handbook.
8 Mo. ibid. 9N. Y. ib. 81; Pa. ibid; Mich. ib.; Ind. ib. 9; Minn. 2249. 10 Mass. ib. 51; Wis. 1891, 226; Ind. ib. 7. 11 Mass. ib. 23; R. I. 68, 9; Conn.; N. J. ib. 10, 23; Ohio 1898, p. 30; Pa. Dig. p. 866, $ 21; Mich. 1895, 184, 10; Minn. 2251; Wis. 1636 f; Mo. 8220; N. Y. ib. 85–86; Md.; La. 1890, 123; Cal. 1889, 5; Tenn. ib.
12 N. Y. ib. 84; Ind. ib. 12; N. Y. ib. 8; Mo.
13 N. Y. ib. 88; Pa. ib. 8; Mich. 1895, 184, 10; Minn. 2254; Mo., Cal; Ind. ib. 10; Tenn. ib. 5.
14 Mich. 1895, 184, 7; N. Y. G. L. 32, 80; Ohio 1898, p. 87; Ind.