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tinuance of the war." Through opposition of the A. F. of L., both resolutions had not been reported.

Organized labor is unalterably opposed to the modification of the Chinese Exclusion law in order to permit Chinese coolies to enter this country, no matter for what purpose. The A. F. of L

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servation. By protecting workers against overfatigue and enabling them to sustain their highest degree of productivity and skill, the eight-hour workday not only is an workers will make their assurance that most effective contribution to production, but that they will also be more useful and The eighthonorable members of society. for many, many hour workday is no longer an experiment. It has been tried in nearly all countries, and everywhere results have demonstrated that it is a basic principle upon which industry and commerce should be organized. Representatives of our Republic incorpohumanitarian rated this standard in eight-hour law applying to government work and contracts. Under war conditions the United States Government becomes the center of the nation's industry and commerce. Central authority has shifted from private or corporation office to the government at Washington. The nation's needs are paramount. Anything that interferes with several of the collective needs of all the people must, under war conditions, be has reeliminated or regulated. sulted a complete reorganization of industrial and commercial life centered in government needs and purposes. As a result the nation's work has become government This has work condition contracts. or vastly increased the importance of the Federal eight-hour law, its interpretation and application.

years fought for a restrictive immigration law, and assisted in securing the Chinese Exclusion Act. An overwhelming majority of the members of Congress enacted the immigration law containing a literacy test. Our advocacy of restricted immigration was based upon our knowledge of the economic situation and conditions in this country. and, in addition, having a due regard for the perpetuation of the institutions of our country. If for any reason the Chinese Exclusion law was modified or suspended, it must carry with it the modification or the abrogation of the Gentlemen's Agreement now existing between this country and Japan, which would permit large numbers of Japanese to also enter this country. In addition to our opposition to the modification or the suspension of the Chinese Exclusion Act, it has not been demonstrated that there is a shortage of labor which would justify the resorting to extreme meas

ures.

Whatever may be the opinion as to the effect of the importation of cheap and docile labor into this country, the history of the efforts of the working people everywhere unmistakably demonstrates that the high standard built up and maintained by intelligent and cooperative action must succumb to the insidious influences of a race of people whose hopes, ambitions and desires lare gratified by a standard of living which falls far below that of a growing and fructifying citizenship. Even though we may be in the midst of war, and even though it were pos sible to adopt some measure whereby large body of Chinese might be imported into this country for the period of the war and then deported at its close, the impress and results of coolie labor would still remain and constitute an added burden in the coming reconstruction days. Under present conditions of war, the organized labor movement has expressed itself as willing to meet the responsibilities imposed upon it, and in carrying out this policy, we

are

demonstrating to the government and the people of the United States our loyalty to its institutions. No labor movement of any belligerent country has taken a more advanced position than has the American Labor Movement. Even before war was declared, representatives of our movement promulgated a declaration in which its position was made clear. While it voiced its opposition to war, yet it also declared that if events finally drew this country into the maelstrom of war, it would stand solidly bebind this government. In view of the attitude of the men and women of labor, we are justified in expressing the thought that our movement is absolutely and unalterably opposed to Chinaizing any of the industries of this country.

Eight Hour Day-(1917, pp. 93-407) The principle of a maximum workday of eight hours has been indorsed by society and officially by the United States Government. The eight-hour workday represents a standard of productivity, of living, and of con

There

every

Again,

The first law fixing eight hours as the maximum workday was practically nullified by narrow interpretation and application, which defeated the purpose of Congress in enacting it. This necessitated the enactment of the present eight-hour law. there was manifest the tendency of officials to apply the eight-hour regulation within the narrowest possible scope. This tendency was strengthened by legal interpretations But which took the heart out of the law. organized labor refused to be defeated by legalistic interpretations and persistently stated their case for a wider interpretation and application of the law in accord with the purposes of those of Congress that enacted it. Progress had been made before the beginning of war. The present Attor ney General rendered an opinion which gives labor greater protection. When the large contracts for war materials were being let organized labor insistently presented their case for the application of the eight-hour law to government contracts and govern ment work. For a time the influences of existing officialdom were strong, and an lightened policy did not prevail. came from all labor organizations affected. Case after case was taken up with the government. At the beginning of war Congress, in order to protect the eight-hour principle, included in one of the sections of the Naval Appropriations law the following provision:

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"That in case of national emergency the President is authorized to suspend the provision of law prohibiting more than eight hours labor in any one day of per sons engaged upon work covered by contracts with the United States: Provided further, That the wages of persons employed upon such contracts shall be com puted on a basic day rate of eight hours of work with overtime rates to be paid

for at not less than time and one-half for all hours work in excess of eight hours." This provision maintains the eight-hour principle while at the same time it takes care of any emergency that may necessitate longer hours of work and penalizes overtime in an effective manner that will prevent occurrence without real necessity. Whenever it has been necessary for the President of the United States to issue a proclamation suspending in any department the eight-hour workday he has quoted this clause as his warrant, despite the fact that he was amply authorized to take such action under the original law. However, this section of the Naval Appropriations law provides for overtime which is not included in the original law When this question of policy came to the responsible members of the present administration, a change came, and the Secretary of War, despite the opinions of those who had the legalistic viewpoint, decided in favor of a more liberal interpretation, and inserted in contracts already made the eight-hour provision. A similar policy was followed by the Secretary of the Navy, who reopened a case already decided in his de partment. The case in point was that of the subcontract let by the Fore River Ship. building Company to the Farrell Foundry and Machine Company at Ansonia, Conn. The Fore River Company had established the eight-hour day, but the Farrell Company had a nine-hour day. The molders in the latter company, who were working on the Government contract, requested time and one-half for all time over eight hours. Secretary Daniels investigated the case and de cided that under the eight-hour law time and one-half should be paid these molders on the subcontract for all overtime. With this extension of government work, carrying with it the principle of the basic eight-hour workday, the question has become acute in all industries that are still under private con. trol or engaged in work for private con cerns. The failure of all concerns to adopt the eight-hour basis is the cause of more industrial discontent and unrest than any other one condition. In many cases failure of private employers to establish this standard creates labor disturbances that inter fere with work for the government and seriously impede plans for national defense. We urge, therefore, that some general action be taken by administrative authority de claring for an eight-hour day in all com. merce and industries as a war measure. In our judgment such an action would be the 'most effective fundamental provision that could be adopted to promote general interests and welfare. In many provisions for the benefit of those saving the nation in this critical emergency, the administra tion has shown honest and understanding concern for the welfare of those who are risking their lives and their all for the sacred cause in which our Republic is en gaged. It is in accord with this policy that we urge this additional measure. It is a measure based upon appreciation of the value of human life. Conservation of that wonderful yet perishable thing called human productivity is of fundamental consequence to the continued progress and perpetuity of the whole nation. Such a policy adopted by the foremost Republic of the world, en. gaged in a titanic world conflict for uni versal freedom and democracy, would come

3

with tremendous inspiration that would
stir the whole world to its depths. No one
single policy could do more to hearten the
entire nation, to put courage into those upon
the firing line, and to demonstrate beyond
a shadow of a doubt the honesty of pur
pose and the idealism of our government
in the fight it is making for better stand-
ards of life and for humanity as a whole.

(1918, p. 75) The attitude of the Presi
dent toward the eight-hour or shorter work
day has been very definitely shown by the
fact that in every executive order he has
issued waiving the eight-hour law he has
based his action upon the authority granted
him by the proviso provided by Congress
in the Naval Appropriations Act, or else
has specifically stipulated that compensa-
tion shall be not less than time and one-
half for overtime in excess of eight hours.
President Wilson's course has been in con.
formity with the position he took in regard
to eight hours for railroad workers when
he stated that society has sanctioned the
eight-hour workday.

Among those unfamiliar with legal technicalities the Federal eight-hour law meant an eight-hour day on work for the governruent With the declaration of war, gov. erument work and employment assumed much larger comparatice proportions in the industrial world. With this growth the lim. ilations of the Federal eight-hour law be come increasingly apparent. All workers employed or war production expected the basic eight-hour workday established in all instances where the eight-hour law was sus. pended for the war emergency. Protests from workers all over the country, who thought they had a legal right to the basic eight-hour day, were sent to the American Federation of Labor, the War Department, and the Navy Department. (P. 223) No one issue is the cause of greater discontent and feeling of injustice than the disparity of the application of the eight-hour law to war production. While the techni cal distinctions observed by lawyers in interpreting the application of this law may satisfy their sense of justice, they in no way satisfy the workers engaged in doing the actual work. For instance, the employes of the United States Steel Corpora tion at Sparrows Point, who are engaged in assembling the parts of the ships in the final acts of construction have the basic eighthour day, but other employes of the same company, separated only by a fence barrier, who are employed in making the parts which are used by the shipbuilders, do not have the eight-hour day. The legal distinction does not satisfy them. No one policy which this government could inaugurate would do to convince the masses of people of this country that the purposes of the war in which our government is engaged are genuinely humanitarian and democratic than the establishment of the basic eight-hour day for all government work and war production. Such a policy would be incontrovertible evidence that our government had gotten far away from the old commodity theory of labor and was genuinely and practically trying to establish the paramount claims of human beings.

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English and French Commissions—(1917, p. 78) Approved by Convention:

Realizing that the experience of workers

1

in other countries who had been meeting and solving labor war problems would be of benefit to the workers of this country who were taking the initial steps in war matters, President Gompers cabled to Premer Lloyd George of Great Britain and Premier Ribot of France asking them to send representative labor men to advise with American workers. Mr. Lloyd George promptly cabled that he would send a commission of labor men as requested Am. bassador Jusserand of France wrote Mr. Gompers that he was instructed by his government to see that the best and most appropriate plan for Mr. Gompers to follow in securing representatives of French work. ers was to communicate directly with Mr. Jouhaux asking him to send two French workmen. In accord with this suggestion Mr. Gompers cabled to Mr. Jouhaux end Mr. Keufer of Paris. A cable in reply was received to the effect that it was impossible for the French labor movement to comply with the request from America Upon the receipt of the cable from the British government a similar request was sent to the Prime Minister of Canada that Canadian representatives of labor be sent to the conference. The British Commission consisted of the following: C. W. Bowerman, Privy Councillor and member of British House of Commons; secretary of British Trades Union Congress Parliamentary Committee. James H. Thomas, Privy Councillor, member of Parliament; general secretary National Union of Railwaymen, Great Britain and Ireland. Joseph Davis, member of the secretariat of the prime minister. H. W. Garrod, representing labor, department of Ministry of Munitions. The Canadian representatives were: J. C. Waters, President of the Trades and Labor Council of Canada. Giddeon D. Robertson, vice president of the National Association of Railway Telegraphers. As soon as the British delegates arrived in this country a meeting of the Committee on Labor was arranged for April 2. There was a large attendance at the meeting, which lasted all day and evening. The British labor men were given ample opportunity to relate the full story of the war experiences of the English workers and to tell how the British Government and the English workers have worked out their joint problems and to answer all questions asked by the members of the Committee on Labor. The valu able information presented in these meetings was recorded stenographically, published i the American Federationist and later was n.ade a Senate document. Arrangements were made for the British delegates to visit some of the industrial centers and to speak to representative audiences in various cities which included New York, Pittsburgh, Chicago, Cleveland, Albany, Schenectady, and Boston. In these meetings the members of the British Labor Commission told how the English people were meeting their labor Froblems arising out of war work and conditions and made suggestions to Americans how to deal with local situations.

Espionage (1917, pp. 119-312) Provisions of the espionage bill, which appears to be unwarranted interference with freedom of speech and press and the right of assemblage, were defeated through efforts of legislative committee

(1918, pp. 118) A literal interpretation of

the espionage act confines it to reprehensible acts designed to hamper the United States Government in its rosecution of the war. The general consensus of opinion ariong members of Congress was that owing to the polyglot character of our population and with no effort having been made in the past to assimilate this heterogeneous mass of people into our institutions by education or otherwise, a restrictive measure of this char acter was essential to protect the interests of the American Government. With an almost unrestricted immigration from every country in the world, some of which maintained as a national policy that their nationals (whether naturalized in this country or not) still were subjects of their parent governments, presented a situation which was precarious. In addition to this, the history of this war when written will contain one conspicuous feature, and that is, the insidious propaganda which emanated from the imperial German government and spread by its agents and emissaries in every part of the world and which invaded the departments of our own government. No more striking illustration can be pointed to than the crafty campaign carried on in Russia and its demoralizing results. The American Federation of Labor yields to no champion of freedom of speech or action in its advocacy of those measures which give to the individual the widest latitude in expression of speech and to act, and its entire record has been one of consistency and persistent effort that this freedom should be guaranteed, but the A. F. of L. realizes that this country is engaged in a desperate conflict and that every fibre of the national being must be exercised to the end that we may be successful in our undertaking. The provi sions of the espionage bill as literally interpreted provide punishment for those who knowingly and with full consciousness desire to hamper this government in the prosecution of the war. It provides punishment for those who say or do anything except by way of bona fide and not disloyal advice to an investor or investors, with intent to obstruct the sale by the United States of bonds or other securities of the United States or the making of loans by or to the United States, and whoever, when the United States is at war, shall wilfully cause, or attempt to cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall will fully obstruct or discourage or willfully attempt to obstruct or discourage the recruiting or enlistment service of the United States There is also a prohibition against those who shall willfully utter, print, write, or publish any disloyal, profane, scurrilous, contemptuous, or abusive language about the form of the government of the United States. or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States, or any language intended to bring the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States into contempt; or who promote the cause of its enemies, or shall willfully dis play the flag of any foreign enemy, or shall by utterance, writing, printing, publication.

or language spoken, urge, incite, or advocate any curtailment of production in this country of any thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of the war, or shall willfully advocate, favor, teach, defend, or suggest the doing of any of the acts or things in this section enumerated, and shall by word or act support or favor the whoever cause of the German empire or its allies in the present war or by word or act oppose the cause of the United States therein.

Flag Day (1918, p. 226) All the dele. gates arose and the President said: "'In honor of the flag of the Republic of the United States the delegates and visitors to this convention stand in fealty and loyalty and in the hope of its great leadership in the cause of humanity and freedom."'

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Free Speech in War-(1917, pp. 92-283) The conflict almost inconceivably gigantic, which is being waged to make the world safe for democracy, is, at the testing the efficiency and reliability of existsame time, ing democratic institutions. develops a number of most difficult problems. The situation The necessity for immediate results creates a situation in which compulsion seems have superior advantages, but the methods and agencies of autocracy are completely at variance with democracy. Its spirit and attitude of mind are essentially different. holds that compulsion is not It method; that the best permanent results an efficient can not be secured without the consent of the people. For the wonderful advantages and opportunities which democracy affords, some penalties are incurred. of democracy result from the shortcomings The mistakes of human nature and intelligence and from insufficient experience in the freedom. methods of The labor movement has always contended that the remedy is more dom-greater opportunity for educational defreevelopment and experience. cially puzzling problems which confront our One of the espepeople today is that connected with freedom of the press. We know that in ages freedom of the press has been the palladium of free institutions. vironment in which free institutions can be The only enmaintained is generated through freedom of expression and press. sion is the only safe preliminary to deter Untrammeled discusmination of policy. tions of the proposition should be consid All aspects and relaIn national issues every group and every citizen has the right to express his views and information by exercising his constitutional right to freedom of expres sion. If he can not convince his fellows, at least his personality and his mentality are not repressed, though he must yield to the expressed will of the majority. ity group suffering from injustice can more readily secure redress speech exists. when freedom of day becomes the accepted method of toThe minority cause of tomorrow. Repression never removed corrected evil. Restricted

ered.

injustice or

velopment and vision.

an

all

A minor.

any

expression results in constricted mental de
The public press is
It creates and directs
Publicity calculated to mis-

the public forum. public opinion.

lead can be counteracted by increased pub.

licity for truth Not restricted discussion, but more complete and enlightened discussion. If any one abused the opportunities of freedom, there are established agencies for protecting free institutions. Let those who speak or write treasonable thoughts be tried by the courts. We are entering upon an era that will test our constructive imagination and untrammeled thought to the uttermost, if we take advantage of the opportunities that will be presented. Timid expression and restricted discussion would be a sorry preparation for the new age we are entering. Those who are in hearts and minds democrats are apprehensive when We see democracy about to make mistakes deplored in autocracy. While we recognize the exigencies of war conditions, yet we hold that democracy must be more intelligent in meeting those needs than autocracy has been. However, we recognize that war conditions present very different problems than those of peace. We know that this very freedom of expression, which is one of the great opportunities of a free people, constitutes an equally potential opportunity for the enemies of our country and our cause. Those who abuse freedom of the press in order to endanger the perpetuity of our Republic and to undermine our free institutions, should be punished as traitors to the nation. We believe that this is the only way in which this problem can be dealt with safely. To attempt to define the standards which every right-thinking citizen ought to establish to guide his public expressions and publications, would involve a very great danger to this basic right of free citizens. If these restrictions of free speech are not voluntarily assumed by citizens we hold that they ought to be vigorously dealt with at law. The emergency through which our nation is passing puts to a test our free institutions. It devolves upon those who advocate freedom to demonstrate its effectiveness in this situation which involves the existence of the nation. Abuse of the opportunities of freedom will inevitably endanger the sa cred right. We urge on all the duty of making only such usage of the right of free press as will promote the general welfare. Freedom must not be confused with license. (P. 348) Executive Council instructed to protest against rulings of the Postmaster General in suppressing newspapers and other publications on technical grounds in defiance of the Constitution of the United States.

Godhart, M. Justin-(1918, p. 311) In addressing the convention, M. Godhart, former presiding officer of the French Chamber of Deputies and a member of a mission from the French Government, said: "I thank you for the hearty welcome you have given me and for interrupting your work to receive the short message we bring you from France, from our men, from our soldiers and workers. Wherever they are, in the trenches or in the factories, they have only one aim and one object, to win this war. These are the thoughts of the French workmen. They know what you are doing for them now and how you can help them in the future. They know the great effort of your organization, showing that you want justice and right for the workers. I have said that out of this war will be a union, not only between the workmen in France, but a union between the American workers and the French workers."

Industrial Problems Because of War(1917, p. 409) The industrial problems arising through our nation's participation in the war and the agencies in operation to preserve industrial peace and establish an adequate degree of cooperation between the employer, whether private or governmental, and the employe, has created a condition which makes it essential that certain conditions and principles shall be clearly kept in mind and generally accepted. If justice is to be done and terms of employment and conditions of labor equitable to the employer and employe established, certain broad principles must be applied. In determining what the wage rates should be there are several vital factors to be considered apart from the increased cost of living. The existing wage rate in an establishment should first be considered as to its equity: Was it estab lished as a result of joint conference and agreement between the employer and his employes, or was it established as a result of the employer's individual conception of what wages should be paid to those in his employ? To what degree did the previous wage rate compare with those in establishrients in the same district where wages have been established through joint agreement between the employer and the employe? How did the wage rate adopted through joint agreement in the district compare with the wage rates in other districts where joint wage agreement existed? In the composition of boards or commissions which are to consider questions of terms of employment and conditions of labor, it is essential that there should be equality of representation between the employers and the wage earners. In the event that a wage board or commission is to consist of an unequal number, then a civilian should serve as the odd man. One-half of the remaining number of this body should be the direct representatives of the wage earners, to be nominated by organized labor. The right to organize is essential to the solution of problems arising between employer and employe. Employers apply this right, but in many instances this right has been denied to wage earners by employers. All agreements formulated by wage boards or commissions should contain a clause announcing that the right to organize is inalienable and that prevention of the exercise of this right by the employer or his representative constitutes a violation of these principles. The nation's interest makes it essential that cooperation should exist in the industries. No efficient cooperation can exist except through organization. Cooperation presumes good will, and there can be no good will without recognition of mutual rights. Therefore, the recognition of the employes as a group having common interests is one of the fundamental prerequi-. sites to cooperation. There can be no true efficiency in production without good will. Good will and cooperation cannot exist where the employer exercises autocratic authority in determining the terms of employment and the conditions of labor. The highest efficiency in production can only be secured through the application of the principles of democracy. These are as essential in industry as they are in civil government. Whenever the employes in a department or an establishment have a common complaint or grievance, it is fundamental

that the employer should meet those who may be selected by the workers to represent them. It is advisable that production should not cease because of an apparent injustice or oversight contained in an award, for it is necessary to the nation's protection as well as to the welfare of the trade union movement that there should be no cessation of work except as a last resort.

Industrial Service Section-(1918, p. 63) Many government departments dealing with war work have appointed either representatives of labor organizations to cooperate in the general work or have established industrial departments. Some departments have combined both methods which, of course, is the most desirable. Industrial service sections, though managed for the best interests of workers and furthering their welfare, fail in the essential prin ciples of democracy for which the labor movement contends. In addition to the humanitarian labor administration, there must be presentation of the views and demands of workers by the representatives of workers. Industrial service sections ought to round out their program by agreements with or ganizations of workers affected and by ac cording to representatives of those organiza tions adequate representation whenever decisions and policies are determined. In the War Department the following industrial service sections have been organized: Ordnance Bureau, Quartermaster Department, Signal Corps, Construction Division. The Ordnance Department has arranged with sev eral institutions to give courses in employ. ment management. Men from the Ordnance Department as well as from the management staffs of munition producers will benefit from this instruction. Another evidence of the humanitarian and enlightened attitude of the Ordnance Department is General Orders No. 13. This order, although not having a man. datory effect, contributes to the elimination of the commodity theory of labor. It is published in the June issue of the American Federationist A very similar order was issued by the Quartermaster's Department as Circular No. 18. In the Quartermaster's Department an administrator of labor standards in the manufacture of army clothing has been appointed. The Shipping Board Emergency Fleet Corporation has an industrial section which deals with the adminis trative side of labor problems. This section dealt with emergency problems before other war labor agencies were created to deal with the general field. The board therefore has dealt separately with its problems in vocational training, housing, employ ment, labor management, etc. The board has arranged for the training of workers in allied trades who are free to come into shipbuilding work. Those who thus far have been trained have served principally as instructors for groups of other untrained workers coming in as the industry expanded to meet the war needs. Fully appreciative of the fact that workers must be dealt with as human beings, the Shipping Board reached the conclusion that labor managers must deal with the shipping employes in an intelligent manner and thereby reduce the turnover and the causes of discontent and friction. Under the agreement between the Seamen's Union and the Shipping Board, schools of training for men who wish to

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