CHAPTER I.

HOURS OF LABOR.

SEC. 1. LAWS APPLYING TO INDUSTRIES GENERALLY.-Numerous States have passed laws defining the legal day in the absence of a special contract. These laws, for the most part, apply to all classes of industries except domestic and agricultural labor, and include mines in the States here named. In California, Connecticut, Illinois, Missouri, Nebraska (unconstitutional), New York, Ohio, and Pennsylvania the number of hours which shall constitute a legal day is fixed at eight, Illinois and Pennsylvania providing that these hours shall be between the rising and setting of the sun. The legal day is ten hours in Florida, Maine, Michigan, Minnesota, Nebraska (in force), and New Hampshire. All of these States permit extra hours by contract, but in Florida, Indiana, Minnesota, Missouri, and New York the law provides that there shall be extra compensation for overtime. The Nebraska law of 1891, requiring that overtime should be paid for at double the rate per hour paid for previous labor, was declared unconstitutional, as denying the right of parties to contract.*

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SEC. 2. HOURS OF LABOR IN MINES.-In Maryland a law applying to the mines of Allegany and Garrett counties fixes the legal day at ten hours, in the absence of contract, the day to begin at 7 a. m. In Utah the period of employment of workmen in underground mines and smelters is limited to eight hours per day, except in cases of emergency where life or property is in immediate danger; and Colorado passed a similar provision in 1899, which has been held unconstitutional." Wyoming has a constitutional provision (art. 19, sec. 1) that eight hours shall constitute a day's labor in mines. The only law' which

See for fuller statements digest of general labor laws, pp. 23-28 of this volume. 2 Cal., Pol. Code, sec. 3244; Conn., G. S. 1888, sec. 1746; Ill., R. S. 1891, ch. 48, sec. 1; Ind., An. St., sec. 7052; Mo., R. S., sec. 6353; Neb., L. 1891, ch. 54, sec. 1; N. Y., L. 1897, ch. 32, art. 1, sec. 3; Ohio, R. S., sec. 4365; Penn., Dig. 1895, p. 1158, sec. 1.

3 Fla., R. S. 1892, sec. 2117; Me., Pub. L., ch. 82, sec. 43; Mich., L. 1885, No. 137, sec. 2; Minn., G. S., sec. 2240, as amended by L. 1895, ch. 49; Neb., Comp. L., ch. 90, sec. 5329; N. H., P. S. 1891, ch. 180, sec. 20.

Low v. Ruse Printing Company, 41 Neb., p. 127.

5 Md., Pub. Local L., art. 1, sec. 194.

The Utah (L. 1896, ch. 72) and Colorado (L. 1899, ch. 103) acts are identical except as to penalties, the declaratory sections being as follows:

SEC. 1. The period of employment of working men in all underground mines or workings shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.

SEC. 2. The period of employment of working men in smelters and all other institutions for the reduction or refining of ores or metals shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.

Wyo., Acts 1890-91, ch. 83.

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has been passed to carry out this provision applies to coal mines and limits the hours to eight, except in cases of emergency; the number of hours as thus defined means actual work at mining, and does not include going to and from work.

Missouri prohibits the employment of a person for more than eight hours at a greater depth than 200 feet where lead or zinc ore is mined or while searching for minerals or any valuable substance. The law does not apply to coal mines.

The Utah law has been upheld by the supreme court of that State2 as not denying equal protection of the law nor contradictory to any provision of the constitution of the State. The Utah constitution specially provides that the legislature shall enact laws for the protection of employees in factories, smelters, and mines. The Supreme Court of the United States has also upheld the law as not an unconstitutional interference with the right of private contract nor a denial of due process of law or of equal protection. The supreme court of Colorado has held the act of that State void as being class legislation, and also in violation of the rights of liberty and of the acquisition of property under the bill of rights of the constitution of Colorado.* The court admitted that if a special provision regarding mines had been placed in the State constitution, such an act as this might be valid.

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Hoisting engineers.-In Montana" an engineer shall not operate for more than eight hours in twenty-four a first-motion or direct-acting hoisting engine at any mine, nor an indirect hoisting engine at any mine where fifteen or more men are employed, except in case of emergency. Meal hours.-In Missouri mine owners or operators must allow miners to come to the surface for eating their noonday meal or any other meals for which a time is set apart. At least one hour must be allowed upon the surface, and the hoisting apparatus must be run for the use of the men in going to meals.

SEC. 3. PENALTIES.-An employer or manager violating the provisions of the statutes of the various States as to the hours of labor shall, on conviction, be subject to the following penalties: Colorado, $50 to $500, or imprisonment not more than six months, or both; Indiana, not to exceed $500; Maryland, not to exceed $50; Michigan, any employer taking unlawful advantage of persons in his employ, or seeking employment, because of their poverty or misfortune, shall be subject to a fine of from $5 to $50; Minnesota, $10 to $100; Missouri (as to zinc and lead mines), $25 to $500, or imprisonment up to ninety days, or both; Montana (as to the hours of hoisting engineers), $10 to $100; Utah, guilty of misdemeanor; Wyoming, $50 to $300, or three months' imprisonment, or both. The other States provide no penalties.

CHAPTER II.

EMPLOYMENT OF WOMEN AND CHILDREN.

Numerous laws restricting the employment of children below a certain age, limiting the hours of labor of children and women, or requiring children to attend school, apply to all classes of occupations, and not especially to mining. Especially in view of the fact that in most of the important mining States there are separate provisions regarding the employment of women and children in mines, it seems desirable to summarize here only the statutes of this latter class, referring to the digest of general labor laws in this volume for the provisions applying to industries generally. (See pp. 23–52.)

SEC. 1. EMPLOYMENT OF WOMEN.'-In Alabama, Arkansas, Colorado, Illinois, Indiana, Missouri, Pennsylvania, Utah, Washington, West Virginia, and Wyoming the employment of women of any age in underground mines is prohibited. Alabama, Pennsylvania, Utah, and Wyoming apply these provisions to outside work about mines.

SEC. 2. EMPLOYMENT OF CHILDREN. 2-The laws of most of the mining States prohibit altogether the employment of children of less than a certain age under ground in mines, and several Western States have such a provision in the constitution. This age is fixed at 12 in Alabama, Colorado (coal mines), Iowa, Kansas, New Jersey (an 1 for girls at 14), North Carolina, North Dakota, Missouri, Tennessee, West Virginia, and the Territories under the United States law. The age is 14 in Arkansas, Idaho, Illinois, Indiana, Montana, South Dakota, Utah, Washington, and Wyoming; and 15 in Ohio. In Pennsylvania the age is 12 in bituminous mines and 14 in anthracite mines, and it is further provided that no person below 16 shall work except under the direction of an experienced miner. Alabama and Wyoming apply the same restrictions to the employment of children on the surface about mines, and Utah prohibits the employment of children under 14 in smelters.

1Ala., Acts 1896-7, No. 486, sec. 27; Ark., Dig. 1894, sec. 5051; Colo., An. St., sec. 3185; Ill., L. 1899, Act Apr. 18, sec. 22 (p. 320); Ind., An. St., sec. 4780; Mo., R. S., sec. 7066; Pa., Dig., Coal Mines, secs. 112, 306; Utah, Const., art. 16, sec. 3; Wash., Stats. and Codes, sec. 2227; W. Va., Code 1891, p. 991, sec. 13; Wyo., Const., art. 9, sec. 3.

2 Ala., Acts 1896-7, No. 486, sec. 27; Ark., Dig. 1894, sec. 5051; Colo., An. St., sec. 3185; Idaho, Const., art. 13, sec. 1; Ill., L. 1899, Act Apr. 18, sec. 22 (p. 320); Ind., An. St., sec. 4780; Iowa, L. 1884, ch. 21, sec. 13; Kan., G. S., ch. 149, sec. 22; Mo., R. S., sec. 7066; Mon., Penal Code, sec. 474; N. J., Sup. 1886, p. 380, sec. 18; N. C., L. 1897, ch. 251, sec. 7; N. Dak., Const., art. 17, sec. 209; Ohio, R. S., secs. 202, 6871; Pa., Dig., Coal Mines, secs. 88, 112-114, 306; S. Dak., L. 1890, ch. 112, sec. 11; Tenn., L. 1881, ch. 170, sec. 10; U. S., Acts 1890-1. ch. 564, sec. 12; Utah, Const., art. 16, sec. 3. Wash., Codes and Stats., sec. 2227; W. Va., Code 1891, p. 991, sec. 13; Wyo., Const., art. 9, sec. 3.

Pennsylvania and Washington forbid the employment of children under 12 in breakers or outside works of mines. In Arkansas, Colorado, and Kansas no person may be employed under ground who is unable to read and write, nor, in Kansas, who has not attended school at least three months during the preceding year. In Missouri no per son under 14 may be employed who is unable to read and write.

The laws of Illinois, Indiana, Iowa, Tennessee, and Washington require the employer, especially in case of doubt as to the age of children, to secure an affidavit or certificate from the parent or guardian. In North Carolina and Pennsylvania the inspector is specially authorized to investigate as to the age of children, taking oaths if necessary.

CHAPTER III.

PAYMENT OF WAGES.

Many of the following provisions apply to other classes of employers besides mine operators, while some of the States, though possessing general laws as to payment of wages, probably contain no mines.

SEC. 1. TIMES OF PAYMENT.-Monthly payments."-Tennessee and Virginia, by general laws, require employers to pay their laborers once a month. California requires monthly payment by corporations. Maryland acts, applying only to Allegany and Garrett counties, provide that if a mining or manufacturing employer shall be indebted to his employees for wages for more than thirty days, the court may appoint a receiver. Kentucky requires all persons who employ ten or more persons in mining to pay on or before the 16th of each month for the month previous. In Kentucky, Tennessee, and Virginia payment may be made by a due bill redeemable in lawful money and bearing interest.

Fortnightly payments.-The following States have general laws requiring mining and manufacturing employers to pay their employees

1 The law of Missouri, as typical, is here given in full:

The employees of the operators of all mines operated within this State for the production of any kind of mineral shall be regularly paid in full of all wages due them at least once in every fifteen (15) days, except that the operators of coal mines shall pay their employees once every fifteen days, on demand of any such employee, and at no pay day shall there be withheld any of the earnings due any employee. Any such operator who fails or refuses to pay his employees, their agents, assigns or anyone duly authorized to collect such wages, or anyone interested in the payment due such employees, as in this section provided, shall become immediately liable to any such employee, his agents or assigns, or anyone interested for an amount double the sum due such employee at the time of such failure or refusal to pay the wages due, to be recovered by civil action in any court of competent jurisdiction within this State. And no employee, within the meaning of this article, shall be deemed to have waived any right accruing to him under this section by any contract he may make contrary to the provisions hereof: Provided, Coal mining companies may contract with their employees to pay once a month: And provided further, That at no pay day of any coal mining company shall there be withheld of the earnings of any coal mine employee any sum to exceed the amount due him for his labor for ten days next preceding any such pay day.

Cal., L. 1897, ch. 170, sec. 1; Ky., L. 1898, ch. 15, sec. 1; Md., Pub. Local L. 1898, art. 1, sec. 189, art. 12, sec. 145; Tenn., L. 1891, extra session, ch. 5, sec. 1; Va., L. 1887, extra session, ch. 391, sec. 2.

3 Ind., An. St., sec. 7065, 7071; Iowa, L. 1894, ch. 98, sec. 1; Me., L. 1887, ch. 34, sec. 1; Md., L. 1896, ch. 133; Mo., L. 1899, p. 305; N. J., L. 1896, ch. 179, sec. 1; Ohio, R. S., sec. 6769; Penn., Dig. 1895, p. 2077, sec. 27; W. Va., Code 1891, p. 1003, sec. 2; Wis., An. St., sec. 1729a; Wyo., L. 1890–1, ch. 82, sec. 1.