Several States have statutes providing that railroad employees may not be compelled to work more than a certain number of continuous hours without an 8-hour, 10-hour, or indeterminate period of rest. Thus, 13 hours without 10 hours' rest, except by reason of the trains being detained by casualty or other cause, in Georgia (Ga. 1891, p. 186); 13 hours without 8 hours' rest, except when the train is detained by reason of casualty or other cause, in Florida (Fla. 1893, 4199); 15 hours without 8 hours' rest, except in cases of detention caused by accident, in Ohio (O., 1892, p. 311); 18 hours, except in case of casualty, without 8 hours' rest (Colo., 1891, p. 284); 18 hours, at any time, during one day (Minn. 2242); 20 hours, except in case of casualty, without 8 hours' rest (Minn. 6965); 24 hours without 8 hours' rest (N. Y. G. L. 32, 1, 7; Mich. 1893, 177, 1).5 (For example, see notes 2 and 5.)

Mines.-The Wyoming constitution and law limit labor in mines to 8 hours per day (Čon., 19, 1; 1891, 83), and the Utah statute (1896, 72) to the same effect as to both mines and smelters was recently upheld by the United States Supreme Court, while the similar Colorado statute (1899, 103) was declared unconstitutional by the State court. This time does not, in Wyoming, include the time consumed in going to and returning from work, but only 8 hours of actual labor; and overtime may be given when necessary for the protection of property or human life, provided proportionate increased pay is given. A new statute in Missouri limits labor to 8 hours in certain mines (Mo. 1899, p. 312).

Bakeries and confectionery establishments.—The hours of labor are ⚫ limited to 10 hours per day, 60 a week (N. Y. G. L. 32, 110; N. J. 1896,

5 Thus, in Michigan (1893, 177):

SEC. 1. No person, corporation, joint stock company or association of individuals owning or operating a line of railroad, in whole or in part, within this State, shall permit or require any conductor, engineer, fireman, brakeman or any train man who has worked in any capacity for twenty-four hours to again go on duty or perform any kind of work until he has had at least eight hours rest.

SEC. 2. Ten hours labor performed within twelve consecutive hours shall constitute a day's labor in the operation of all steam, surface and elevated railroads now owned and operated or hereafter owned and operated within this State: Provided, That this act shall not apply to regular scheduled trains when completed within a less number of hours: Provided further, That the provisions of this act shall not apply to extra hours of labor performed by any conductor, engineer, fireman, brakeman, or train man in cases of unavoidable accident or delay caused by such accident.

SEC. 3. Every hour in excess of ten hours labor performed in any one day by any conductor, engineer, fireman, brakeman or any train man of any railroad company, corporation, joint stock company or association of individuals or person owning or operating a railroad within this State, who works under the direction of a superior or at the request of such person, company, corporation, joint stock company or association of individuals and who shall be required or permitted to work shall be deemed one-tenth of a day's labor and such conductor, engineer, fireman, brakeman or train man shall receive pro rata compensation for said extra service in addition to his daily compensation.

SEC. 4. Any person, agent or employee of such person, railroad company, corporation, joint stock company or association of individuals violating the provisions of this act, shall be guilty of a misdemeanor.

6 The Utah law reads:

The period of employment of workingmen 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.

The period of employment of workingmen 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.

Any person, body corporate, agent, manager or employer who shall violate any of the provisions of sections 1 and 2 of this act shall be deemed guilty of a misdemeanor.

181'), or to 6 days in the week (Pa. 1897, 95; Mo. 1899, p. 274), and minors under 18 can not, in Pennsylvania and Missouri, be employed between 9 p. m. and 5 a. m.

SEC. 5. HOURS OF WOMEN AND MINORS IN FACTORIES AND OTHER SPECIAL OCCUPATIONS.-This is the general way in which hours of labor are limited in the great majority of the States; the limitation of women's hours in factories practically resulting in similar laws for men. Nearly every Eastern State has now adopted factory labor acts, applying usually to women under 21, or males under 16 or 18. The exceptions are Vermont, Iowa, Kansas, the extreme Western States (where as yet there are few factories), the District of Columbia, and the Southern States generally. Recommendation might well be made by the commission that all the States adopt factory-hour laws applying at least to minors under 16 or 18, though the exact age and time limit may properly be left to the discretion of the State legislatures, as conditions vary so markedly throughout the country.

Women of full age.-Fifteen States now limit the length of their labor, at least in factories or mechanical or industrial occupations,

7 Thus, in New Jersey:

SECTION 1. No employee shall be required, permitted or suffered to work in a biscuit, bread or cake bakery, or confectionery establishment more than sixty hours in any one week, or more than ten hours in any one day, unless for the purpose of making a shorter workday on the last day of the week, nor more hours in any one week than will make an average of ten hours per day for the whole number of days in which such person shall so work during such week; but it shall be lawful in cases of emergency for employers to permit any employee and for the latter to work an additional time not exceeding two hours per day, such extra work to be remunerated at the current rate of the weekly wages paid to such employee for his weekly work of sixty hours; no employee in any biscuit, bread or cake bakery shall be discharged by his employer for having made any truthful statement as a witness in a court or to the factory inspector or a deputy factory inspector, in pursuance of this act.

By the Maryland law (P. L. 100, 1–3) : ·

SEC. 1. No corporation or manufacturing company engaged in manufacturing either cotton or woolen yarns, fabrics or domestics of any kind, incorporated under the laws of this State, and no officer, agent or servant of such named corporation or manufacturing company, and no person or firm, owning or operating such corporation or manufacturing company within the limits of this State, and no agent or servant of such firm or person, shall require, permit or suffer its, his or their employees in its, his or their service, or under his, its or their control, to work for more than ten hours during each or any day of twenty-four hours, for one full day's work, and shall make no contract or agreement with such employees, or any of them, providing that they or he shall work for more than ten hours for one day's work during each or any day of twenty-four hours, and said ten hours shall constitute one full day's work.

ŠEC. 2. Any such named corporation or manufacturing company within the limits of this State shall be allowed, under the provisions of this section, the privilege of working male employees, over the age of twenty-one years, over the limit of ten hours, for the express purpose only of making repairs and improvements, and getting fires made, steam up and the machinery ready for use in their works, which can not be done during the limits of the ten hours, the extra compensation for all such work to be settled between such corporation and manufacturing companies and the employees; Provided, That nothing in this article shall be so construed as to prohibit any employer from making a contract with his male employees, over the age of twenty-one years, to work by the hour for such time as may be agreed upon. SEC. 3. If any such corporation or manufacturing company within the limits of this State, or any officer, agent or servant of such corporation or manufacturing company in this State, shall do any act in violation of any of the provisions of this article he or they shall be deemed to have been guilty of a misdemeanor, and shall, on conviction thereof in a court of competent jurisdiction, be fined not less than one hundred dollars for each and every offense so committed, together with the cost of such prosecution,

* * *

usually to 10 hours a day and 60 hours a week, but in Massachusetts 58 hours a week, and in New Jersey 55 hours a week, while in Pennsylvania it is 12 hours a day and 60 hours per week and in Wisconsin 8 hours per day. These States are New England (with the exception of Vermont), New York, New Jersey, Pennsylvania, Wisconsin, Nebraska, the Dakotas, Virginia, and Louisiana '(Mass. 1894, 508, 10, 11, and 57; Me. 1887, 139, 1; N. H. 180, 14; R. I. 198, 22; Conn. 1745; N. Y. 1899, 192; N. J. 1892, 92; Pa. 1897, 26, 1; Wis. 1728; Nebr. 1899, 107; S. Dak. Pen. C. 6931; N. Dak. 7666; Okla. 2550; Va. 1890, 193, 1; La. 1886, 43, 4. For South Carolina and Georgia see § 4, note 4. The Illinois law was declared unconstitutional).

1 The laws in full are as follows:

Massachusetts (1894, 508):

SEC. 10. No minor under eighteen years of age shall be employed in laboring in any mercantile establishment more than sixty hours in any one week.

SEC. 11. No minor under eighteen years of age, and no woman shall be employed in laboring in any manufacturing or mechanical establishment more than ten hours in any one day, except as hereinafter provided in this section, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and in no case shall the hours of labor exceed fifty-eight in a week. Every employer shall post in a conspicuous place in every room where such persons are employed, a printed notice stating the number of hours' work required of them on each day of the week, the hours of commencing and stopping such work, and the hours when the time or times allowed for dinner or for other meals begins and ends, or in the case of establishments exempted from the provisions of this act, the time, if any, allowed for dinner and for other meals; the printed form of such notice shall be furnished by the chief of the district police, and shall be approved by the attorney-general; and the employment of any such person for a longer time in any day than that so stated shall be deemed a violation of this section, unless it appears that such employment is to make up for time lost on some previous day of the same week, in consequence of the stopping of machinery upon which such person was employed or dependent for employment; but no stopping of machinery for a shorter continuous time than thirty minutes shall authorize such overtime employment, nor shall any such stopping authorize such employment unless, or until, a written report of the day and hour of its occurrence, with its duration, is sent to the chief of the district police, or to the inspector of factories for the district. If any minor under eighteen years of age, or any woman, shall without the orders, consent or knowledge of the employer or of any superintendent, overseer or other agent of the employer, labor in a manufacturing or mechanical establishment during any part of any time allowed for dinner or for other meals in such establishment, according to the notice above mentioned, and if a copy of such notice was posted in a conspicuous place in the room where such labor took place, together with a rule of the establishment forbidding such minor or woman to labor during such time, then neither the employer nor any superintendent, overseer or other agent of the employer shall be held responsible for such employment.

SEC. 57. The following expressions used in this act shall have the following meanings:

The expression "person" means any individual, corporation, partnership, company, or association.

The expression “child” means a person under the age of fourteen years.

The expression "young person' means a person of the age of fourteen years and under the age of eighteen years.

The expression "woman" means a woman of eighteen years of age and upwards. The expression "factory" means any premises where steam, water, or other mechanical power is used in aid of any manufacturing process there carried on. Maine (1887, 139) :

SEC. 1. No female minor under eighteen years of age, no male minor under sixteen years of age, and no woman shall [be] employed in laboring in any manufacturing or mechanical establishment in this State, more than ten hours in any one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of

In Maine any woman over 18 may contract for overtime not exceeding 6 hours in any one week, receiving additional compensation therefor; and in Wisconsin any woman of age and any minor over 18 may labor overtime; that is, the law reads she "may not be compelled," etc.; so in North and South Dakota and Oklahoma any woman or child above 14; but in the other States no overtime is allowed, and the employer permitting or compelling overtime is commonly subject to a fine or a misdemeanor. In Louisiana the law applies to any "factory, warehouse, workshop, clothing, dressmaking or millinery establishment, or any place where the manufacture of any kind of goods is

the week; and in no case shall the hours of labor exceed sixty in a week; and no male person sixteen years and over shall be so employed as above, more than ten hours a day during minority, unless he voluntarily contracts to do so with the consent of his parents, or one of them, if any, or guardian, and in such case he shall receive extra compensation for his services: Provided, however, Any female of eighteen years of age or over, may lawfully contract for such labor for any number of hours in excess of ten hours per day, not exceeding six hours in any one week or sixty hours in any one year, receiving additional compensation therefor; but during her minority, the consent of her parents, or one of them, or guardian, shall be first obtained.

New Hampshire (G. S. 180, 14), Rhode Island (198, 22), and Connecticut (G. S. 1745) have similar laws, except that the age in Connecticut is 16:

SEC. 14. No woman and no minor under eighteen years of age shall be employed in a manufacturing or mechanical establishment for more than ten hours in one day, except in the following cases:

I. To make a shorter day's work for one day in the week.

II. To make up time lost on some day in the same week in consequence of the stopping of machinery upon which such person was dependent for employment. III. When it is necessary to make repairs to prevent interruption of the ordinary running of the machinery.

In no case shall the hours of labor exceed sixty in one week.

New York (1899, 192; 1897, 415, 77):

Hours of labor of minors and women.-No minor under the age of eighteen years, and no female shall be employed at labor in any factory in this State before six o'clock in the morning or after nine o'clock in the evening of any day, or for more than ten hours in any one day or sixty hours in any one week, except to make a shorter work day on the last day of the week; or more hours in any one week than will make an average of ten hours per day for the whole number of days so worked.

New Jersey (1892, 92):

SECTION 1. On and after the sixth day of July, one thousand eight hundred and ninety-two, fifty-five hours shall constitute a week's work in any factory, workshop, or establishment where the manufacture of any goods whatever is carried on; and that the periods of employment shall be from seven o'clock in the forenoon until twelve o'clock noon, and from one o'clock in the afternoon until six o'clock in the evening of every working day except Saturday, upon which last named day the period of employment shall be from seven o'clock in the forenoon until twelve o'clock noon. SEC. 2. No person under the age of eighteen years, male or female, and that no woman above that age shall be employed in any factory, workshop, or manufacturing establishment except during the periods of employment hereinbefore mentioned: Provided, That the provisions in this act in relation to the hours of employment shall not apply to or affect any person engaged in preserving perishable goods in fruit canning establishments or in any factory engaged in the manufacture of glass.

Pennsylvania (1897, 26):

SECTION 1. No minor, male or female, or adult woman shall be employed at labor or detained in any manufacturing establishment, mercantile industry, laundry, workshop, renovating works or printing office for a longer period than twelve hours in any day, nor for a longer period than sixty hours in any week.

Wisconsin sec. 1728 (but see note 4 below):

In all manufactories, workshops and other places used for mechanical or manufacturing purposes, the time of labor of children under the age of eighteen years, and

carried on, or where any goods are prepared for manufacture, but not to domestic or agricultural labor." In Maine the law applies to any manufacturing or mechanical establishment, but overtime is allowed when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when any day's apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week. In Massachusetts the law applies to "any premises where steam, water, or any mechanical power is used in any manufacturing process there carried on," and is the same as in Maine, except that the total hours shall not exceed 58 per week, and the last-mentioned exception reads "to make up for time lost on some previous day of the same week in consequence of the stopping of machinery upon which such person was employed or dependent for employment (this law is enacted in a different section of women, employed therein, shall not exceed eight hours in one day; and any employer, stockholder, director, officer, overseer, clerk or foreman who shall compel any woman or any such child to labor exceeding eight hours in any one day, or who shall permit any child under fourteen years of age to labor more than ten hours in any one day in any such place, if he shall have control over such child sufficient to prevent it, or who shall employ at manual labor any child under twelve years of age in any factory or workshop, where more than three persons are employed, or who shall employ any child of twelve and under fourteen years of age in any such factory or workshop, for more than seven months in any one year, shall be punished by fine not less than five nor more than fifty dollars for each such offense.

Nebraska (1899, 107):

No female shall be employed in any manufactuing, mechanical or mercantile estab lishments, hotel or restauraunt in this State more than sixty hours during any one week, and ten hours shall constitute a day's labor. The hours of each day may be so arranged as to permit the employment of such females at any time from six o'clock in the morning to ten o'clock in the evening; but in no case shall such employment exceed ten hours in any one day.

South Dakota (Dak. Pen. C., sec. 6931), North Dakota (7666), Oklahoma (2550) : Every owner, stockholder, overseer, employer, clerk or foreman of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding one hundred and not less than ten dollars.

Virginia (1890, 193):

SEC. 1. No female and no child under fourteen years of age shall work as an operative in any factory or in any factory or manufacturing establishment in this State more than ten hours in any one day of twenty-four hours. All contracts made or to be made for the employment of any female or of any child under fourteen years of age, as an operative in any factory or manufacturing establishment to work more than ten hours in any one day of twenty-four hours, are and shall be void.

SEC. 2. Any person having the authority to contract for the employment of persons as operatives in any factory or manufacturing establishment, who shall engage or contract with any female or any child under fourteen years of age to work as an operative in such factory or manufacturing establishment during more than ten hours in any one day of twenty-four hours, shall be guilty of a misdemeanor, and be fined not less than five nor more than twenty dollars.

Louisiana (1886, 43):

SEC. 4. No child, or young person under the age of eighteen years, and no woman, shall be employed in any factory, warehouse, workshop, clothing, dressmaking or millinery establishment, or any place where the manufacture of any kind of goods is carried on, or where any goods are prepared for manufacturing, for a longer period than an average of ten hours in a day, or sixty hours in any week, and at least one hour shall be allowed in the labor period of each day for dinner.

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