Leon 8293.10

CONTENTS.

EIGHT-HOUR DAY, THE

Introduction,

Digest of eight-hour law in states and territories,

Summary of the movement,

Court decisions on constitutionality of act,

Cities and towns in Massachusetts which have accepted the eight-hour day upon

public works, with date of acceptance,

LICENSING OF BARBERS, THE.

Regulation for barber shops in Boston,

Fourteen states have laws for licensing of barbers,

Analysis of the various laws by subjects and states,

Definition of a barber. - Unlawful to practise barbering,

Board of Examiners,

Personnel of board. - Compensation,

Duties of Examiners,

Registers and reports. - Fees, etc.,

Examinations,

Applications for license..

Certificate of Registration. - Power to revoke cer

tificate,

13

EARLY CLOSING AND HALF-HOLIDAY LAWS OF AUSTRALASIA, THE
Royal commission appointed under the Factories and Shops Act of 1900,
New Zealand,

20-29

Detail as to native and foreign born and political condition of manufacturers and employers,

In many states of the Union, a law exists prescribing eight as the maximum number of hours of labor constituting a legal day's work. Some statutes have the hours limited for all labor performed upon public works either directly by the State or municipality or by contractors or sub-contractors for the same. In other instances, the law forbids all labor in excess of eight hours, except as otherwise agreed upon. Again, eight hours is the specified working-day for prison labor, upon irrigation works, in penal institutions and reformatories, and in mines, smelters, and ore-refining establishments. By Act of Congress, eight hours constitutes a legal day's work upon government contracts for the United States.

In Massachusetts, nine hours constitutes a day's labor for all laborers on public works. The reduction of a day's labor for public employés to eight hours has been agitated for some years. The legislature of 1899 provided for the eight-hour day for public employés in cities and towns accepting the provisions of chapter 344 at an annual election. This act was amended in 1900 so that upon petition of 100 registered voters in a city and 25 registered voters in a town the measure must be submitted to the people. In 1903, the bill entitled "An Act to constitute eight hours a maximum day's work for public employés" was vetoed by the Governor on the ground that the proposition was unconstitutional (his opinion being upheld by the Attorney-General), and that by the passage of the bill an unwarranted expense would be put upon the Commonwealth.

We present a digest of the eight-hour law in the states and territories having such enactment. The states and territories are alphabetically arranged.

Arizona. ACT 8. Eight Hour Legislation affecting Miners. Restricts the employment of workingmen in all underground mines or workings to eight hours per day except in cases of emergency where life or property is in imminent danger. Approved March 10, 1903.

California. CHAP. 107. Eight-hour Day upon Public Works. The time of service of any laborer, workman, or mechanic employed upon the public works of the State or any political sub-division thereof or work done for the same is limited and restricted to eight hours in any one calendar day. It is unlawful for any agent of the State or for any contractor or sub-contractor having contract upon public works to require any labor to be performed in excess of eight hours except in case of extraordinary emergency. The requirement of the eight-hour day must be

stipulated in every contract upon public works. It is provided that the contractor shall forfeit as a penalty $10 for each laborer, workman, or mechanic under him for each calendar day during which such laborer, workman, or mechanic is required or permitted to work more than eight hours in violation of the provisions of this act. Penalty of fine not exceeding $500 or by imprisonment not exceeding six months or by both such fine and imprisonment is provided for violation of the act. Approved March 10, 1903.

Colorado. CHAP. 9. Eight-hour Day upon Public Works. Amends sections 1, 2, and 3 of an act regulating the hours of labor of mechanics, workmen, and other laborers, which was passed in 1893. As amended, the act prohibits all work on behalf of the State, county, township, school district, municipality, or incorporate town, in excess of eight hours a day or 48 hours a week. Approved February 27, 1894.

CHAP. 103. Eight-hour Day in Smelters and Mines. The hours of labor for workingmen in smelters and all other institutions for the reduction or refining of ores and metals, underground mines or workings, are limited to eight a day, with penalty for violation. Approved March 16, 1899.

Connecticut. CHAP. 37. Eight Hours for all Labor. Eight hours of labor performed in any one day by any one person shall be deemed a lawful day's work, unless otherwise agreed upon. Approved June 28, 1867.

District of Columbia. CHAP. 19, SEC. 892. Eight-hour Day upon Public Works. The service and employment of all laborers and mechanics employed by the government of the United States or by the District of Columbia or by any contractor or sub-contractor upon such works is limited and restricted to eight hours in any one calendar day. It is unlawful for any officer of the government or any contractor or sub-contractor to require or permit any laborer to work more than eight hours except in case of extraordinary emergency. Any officer of the government of the United States or of the District of Columbia or any contractor or sub-contractor employing laborers upon public works in behalf of the government intentionally violating this act shall be punished by a fine not to exceed $1,000 or by imprisonment for not more than six months or by both. Provisions of the act are not applicable to contracts entered into prior to August 1, 1892. Code Book of the District of Columbia, 1902.

Hawaii. ACT 37. Eight-hour Day upon Public Works. No person shall be employed as a mechanic or laborer upon any public work carried on by this territory or any political subdivision thereof, whether by contract or otherwise, unless such person is a citizen of the United States or eligible to become a citizen, except in case of necessity. Eight hours shall constitute a day's labor on all public works or in any public office of this territory whether the work is done by contract or otherwise. The full eight hours is not applicable to Saturdays or holidays. A stipulation that not more than eight hours' labor in any one calendar day shall be required to be contained in all contracts. Penalty provided for violation of act. Approved April 23, 1903.

Idaho. SEC. 622. Eight-hour Day upon Public Works. Not more than eight hours' actual work shall constitute a lawful day's work on all State, county, and municipal works, provided that nothing in this act shall be construed as meaning any labor except manual labor employed by the day, and shall not apply to State, county, or municipal officials or to employés of the State or county who are paid monthly or yearly salaries. All bids for work must contain the eight-hour clause. Approved February 6, 1899. Political Code, 1901.

Illinois. CHAP. 48. Eight Hours' Labor upon all Work. On and after the first day of May, 1867, eight hours of labor between the rising and the setting of the sun in all mechanical trades, arts, and employments, and other cases of labor and service by the day, except in farm employments, shall constitute and be a lawful day's work, unless otherwise specified. Approved March 5, 1867.

Indiana. CHAP. 81, SEC. 7052. Eight Hours a Day's Work except in Agricultural Labor and Domestic Service. Eight hours shall constitute a day's work for mechanics, workingmen, and laborers excepting agricultural or domestic labor. Agreement between employer and employé for extra compensation for overwork is permitted. Act shall apply to persons, firms, corporations, companies, or associations employing labor in this State, and to all mechanics, workingmen, and laborers now or hereafter employed by this State or any municipal corporation herein, through its agents or officers, or in the employ of persons contracting with the State. Penalty for violation. Anno. Stat., 1894.

Kansas. CHAP. 54a. Eight-hour Day upon Public Works. Eight hours shall constitute a day's work for all laborers, workmen, and mechanics or other persons employed by or on behalf of the State of Kansas or any city, township, or other municipality of said State except in case of extraordinary emergency. In all cases of emergency, the laborers, workmen, and mechanics so employed and working in excess of eight hours per calendar day shall be paid, on the eight-hour basis, not less than the current rate of per diem wages in the locality where the work is performed. These provisions also apply to workmen employed by contractors or subcontractors having contracts within the State of Kansas on behalf of the State. All contracts made on behalf of the State with any corporation, person or persons for the performance of any

work or the furnishing of any material manufactured within the State shall be considered as made upon the eight-hour day basis, and it shall be unlawful for any such contractor or person to work employés in excess of eight hours in any one calendar day except in case of emergency. Penalty provided for violation of act. Act does not apply to existing contracts. General Statutes of Kansas, 1901.

Maryland. CHAP. 458. Eight Hours a Day's Work in Baltimore. No mechanic or laborer employed by the mayor and city council of Baltimore, or by any official, agent, contractor, or sub-contractor under them, shall be required to work more than eight hours in any one day, provided, further, that this section shall not apply to employés in the fire department, Bay View Asylum, or Baltimore City Jail. Provides penalty for violation of act. Approved April 9, 1898. Massachusetts. CHAP. 106, REVISED LAWS, SEC. 20. Provisional Eight-hour Day for Public Employés. In a city or town which by a vote taken by ballot at an annual election accepts the provisions of this section or has accepted the corresponding provisions of earlier laws, eight hours shall constitute a day's work for all laborers, workmen and mechanics who are employed by such city or town. If a petition for such vote, signed by 100 or more registered voters of a city, or twenty-five or more registered voters of a town, is filed with the city or town clerk, respectively, thirty days or more before an annual election, such vote shall be taken at such election.

CHAP. 494. Appointment of Additional Commissioners to further the Adoption by the States of a Uniform Law making Eight Hours a Legal Day's Labor. The governor shall, with the advice of the council, appoint, within thirty days, two persons, one representing the working class and one representing manufacturers . . . to endeavor to promote uniform legislation, making eight hours a legal day's labor throughout the United States. Approved June 19, 1902.

Minnesota. CHAP. 310. Eight-hour Day upon Public Works. An Act to provide for limiting the hours of daily service of laborers, workmen, and mechanics employed upon public works or work done for the State to eight in any one calendar day except in cases of extraordinary emergency, except work done upon public military or naval defences in time of war, and except in case of employment of labor in agricultural pursuits, provided that nothing herein contained shall be construed to apply to the employment of labor on work now in progress whether contracted for or not; providing for the insertion of certain stipulations in contracts for public works; imposing penalties for violations of the provisions of this act, and providing for the enforcement thereof. This act shall not apply to any contract work done for any town or county in this State. Approved April 13, 1901.

Missouri. SEC. 8136. Eight Hours a Day's Labor. From and after the first day of May, 1867, eight hours shall constitute a legal day's work unless otherwise agreed upon, not applicable to persons employed by the month nor to laborers or farm hands or those engaged in agriculture. Rev. Stat., 1899, Art. 1, Chap. 121.

Eight-hour Day for Miners. It shall be unlawful for any person or corporation engaged in mining for minerals, coal or any valuable substance or making excavations beneath the surface of the earth while searching for same to work their employés at such labor longer than eight hours in a day of 24 hours. It is declared that eight hours shall constitute a day's work for all laborers and employés engaged in the kind of labor aforesaid. Penalty is provided for violation of act. Approved March 23, 1901. (Sections 8793 and 8794, chap. 133, art. 2, Rev. Stat. of 1899 amended.)

SEC. 9696v. Eight Hours upon Road Work. It shall be the duty of the road overseer to require of each laborer a faithful performance of duty and to require him to do eight hours actual service each day. Approved March 26, 1901.

Eight Hours in Mines and Smelters. Act to prevent persons and corporations from working laborers in smelters and all other institutions for the reduction and refining of ores more than eight hours in 24 and fixing eight hours as a day's work for such laborers. Approved March 9, 1903.

Montana. Eight-hour Day in Mines and Smelters. Eight hours shall constitute a day's work for workingmen in all underground mines or workings except in cases of emergency. The period of employment of workmen in smelters, stamp mills, sampling works, concentrators, and all other institutions for the reduction of ores and refining of ores and metals shall be eight hours per day except in cases of emergency. Penalty provided for violation of act. Approved February 2, 1901.

No. 71, ART. III, SEC. 19. Eight-hour Day upon Public Works. Any person subject to the payment of road poll tax in any district may, in lieu thereof, work on the roads in such district at the rate of two dollars per day of eight hours, until he shall have worked out such poll tax; . . . Eight hours labor, in the meaning of this act, shall be eight hours actual labor upon the roads or highways, exclusive of the time consumed in going to and from such labor. Approved March 11, 1901.

Nevada. CHAP. 4. Eight-hour Day upon Irrigation Works. Sec. 4. Provides that in the construction of irrigation works in the State eight hours shall constitute a day's work, and no Mongolian labor shall be employed thereon. Approved Feb. 16, 1903.