|
MOTHERS' PENSIONS gggff |
|
|
|
|
FOREWORD
FOREWORDThe National Woman Suffrage Publishing Co., Inc., in offering to the public this digest of the laws of the various states relating to matters of greatest interest to women, wishes to state that its purpose is to give the Suffrage workers and speakers a ready reference book containing a general statement of the statutory law of the various states, relating to the particular subjects covered by the book, in such form that the laws of the various states may be quickly grasped and compared. This book has been prepared by our editor, Mrs. Annie G. Porritt, with the greatest care, and we believe the book to be an accurate statement, in condensed form, of the statutory law of the various states at the present time upon the subjects which it purports to cover. The book, however, is not a law treatise, and it has been thought not only impossible, but undesirable, to go into the various questions arising under the different statutes, relating to their interpretation and enforcement. Whenever there is any doubt, the careful student should consult the statutes and the decisions of the courts. With this warning against relying upon this book except as the statement of the general statutory law, we trust that it may be found of use to a large number of workers who need in their speaking or writing, such general, comparative statements of the laws of the various states as are here contained.
CONTENTS
IMPORTANT LEGISLATION IN THE UNITED STATES AFFECTING WOMEN AND CHILDREN (Graphic) PREFACEIt is the hope of the Editor that this collection of laws will serve two purposes. It is intended as a basis for a fair comparison between the laws affecting women and children in the equal suffrage states and in the states where men only vote; and it is also hoped that it will prove useful to the enfranchised women when they are seeking to remodel the laws in their own states. By comparing all the laws on a given subject, it will be possible to select the best of them and to use it as a guide in drawing up a bill. No attempt has been made to cover exhaustively all the laws on the subjects included in the volume, or to quote the exact wording of the acts. This would be impossible within the limits of space. Accuracy is, however, essential in a book of this kind, and efforts have been made to keep strictly accurate. The cooperation of Suffragists is earnestly invited in regard to this important aspect. If any errors are discovered, the Editor will be deeply grateful for a notification concerning them; and as new laws bearing upon the subjects included in this volume are being passed in every legislative session, it will be of the greatest possible benefit if the Suffrage Associations will make it the business of one of their officers to keep the National Woman Suffrage Publishing Company, Inc., informed of the introduction and fate of any such measures. June, 1916. In this second edition of the Book of Laws it has not been possible to include the legislation of the forty-three legislatures in session in the spring and summer of this year. Many of the legislatures are still sitting at the time of publication; and in none of the states is compilation of the official volume of laws of 1917 yet completed. The effort has therefore been to give the laws accurately as they stood at the beginning of 1917. April, 1917.
(Chapter 1) LABOR LEGISLATION FOR WOMEN AND CHILDRENThe largest volume of legislation concerning women and children may be classed as labor laws. These laws include:-
According to the figures of the United States Census, there were on a given day in 1910, 7,678,578 persons actually at work in manufacturing industries. This is taken as the average number working daily in such employments. Of the total number 487,163 were proprietors, officials, managers and clerks, and 6,615,046 were wage earners. Of the wage earners 2.5 per cent were boys and girls under 16; 19.5 per cent were girls and women over 16, and 78 per cent were males over 16. It will thus be seen that one-fifth of the wage earners were women and girls-1,290,389 over 16, and 72,364 under 16; while four-fifths, or 5,163,164 over 16 and 89,129 under 16, were men and boys. The industries employing the largest numbers of wage-earners are the lumber and foundry industries, in both of which very few women are employed. Next to these, the industry with the largest number of workers is cotton manufacturing, which employs 378,880 wage-earners. Of these 50.9 per cent are men; 38.7 women, and 10.4 children. The cotton industry first reached the factory stage in Massachusetts, and this state has still the largest number of women and children working in cotton and woolen factories. In consequence of these conditions, Massachusetts has the most complete code of labor laws for women and children. Until recently it was generally considered the best code; but many of its laws have been improved upon in several of the equal suffrage states. Such improvements are the eight hour laws of Colorado and California and the minimum wage laws of California, Oregon, Colorado and Kansas. The attention of the women of the equal suffrage states was not forcibly called to such subjects as are covered by the Massachusetts factory laws until comparatively recently. This was due to the fact that very few women are wage-earners in any manufacturing industry in Wyoming, Utah, Colorado and Idaho-the only states that had equal suffrage previous to 1910. To pass the Massachusetts labor code in these states would have been like passing the western mining codes in New England. In Massachusetts there is no law prohibiting the employment of women and children in mines. It is true that there are no mines in Massachusetts; but it is also true that there are not cotton mills in Wyoming or Idaho; and yet it was long made a reproach to the women voters that the hours of labor of women and children in factories were not strictly controlled in these states. Minimum wage laws, which are given in another section, date back only to 1912. In this form of legislation also the lead was given by Massachusetts, but Massachusetts was quickly outstripped by more western states. Of the eleven states which had passed minimum wage laws by 1915, six were equal suffrage states. The chief difference between the Massachusetts law and those passed later, is that in Massachusetts, as also in Nebraska, publicity is the only force relied upon to compel employers to pay the minimum rates decreed by the Commission. In the six equal suffrage states and in three male-suffrage states which have passed minimum wage laws, it is penal to employ women or minors at rates below those fixed as the minimum.
ALABAMAUntil 1915 Alabama was one of the most backward states in regard to protective legislation for women and children. A great advance was made in the child labor law passed in the session of 1915. The chief provisions of the Alabama laws are as follows: No child under 13 shall be permitted to work in any gainful employment except domestic service or agriculture. (After Sept. 1, 1916, this age limit is raised to 14.) Provided, that boys over 12 may be employed out of school hours in offices or mercantile establishments in towns and cities of less than 25,000 population. No person under 18 shall be employed as messenger in any city of 25,000 or over in the distribution of goods or messages, between 9 p.m. and 5 a. m.; or in cities of less than 25,000 population between 10 p. m. and 5 a. m., and no person under 21 shall be employed in any place where intoxicating liquors are manufactured, packed or sold. No child under 16 shall be employed about dangerous machinery or on railroads or vessels, or among dangerous acids or poisonous dyes, or gases, nor on scaffolding, nor in building trades, nor in any tunnel or mine, coal breaker, coke over or quarry, nor in manufacturing or packing tobacco, nor in any concert hall, or theater stage, or other exhibition or show. No child under 16 shall be employed in any mill, factory or manufacturing establishment for more than 6 days, or 60 hours a week, or 11 hours a day; nor between 6 p. m. and 6 a. m. No child between 16 and 18 shall be detained in any mill, factory or manufacturing establishment for more than 8 hours in any one night. No woman, or boy under 16, shall be employed in or about any mine. No child under 16 shall be employed in any factory, mill or mercantile establishment, unless such child attend school 8 weeks in each year of employment, 6 weeks of which shall be consecutive. No child under 16 shall be employed unless he first present an employment certificate issued by the school authorities. Such certificates must contain proof of the age of the child and that he has attended school for at least 60 days in the preceding year. Schools must be provided in the vicinity of factories employing children. Factories must be inspected without previous notice at least four times a year. No boy under 12, nor girl under 18, in any city of 25,000 or over, shall sell newspapers or engage in any street trade. Provided, that boys over 10 may distribute newspapers on routes. No boy under 16 shall engage in street trading between 8 p. m. and 5 a. m., nor unless he wear a badge issued by the school authorities. Seats must be provided in every store or shop where girls or women are employed and their use permitted to such employees when not actively engaged in work. After October 1, 1917, school attendance will be compulsory on all children between 8 and 15 for eighty days in each school year, unless the child shall have completed seven grades, or unless the services of the child are necessary for its own support or for the support of a widowed mother or disabled father.
ARIZONAAccording to the census tables of 1910, Arizona, with a population of 204,354, had 6,441 wage-earners employed in 311 manufacturing establishments. Of these, 38 were women and 37 children. It is evident that the need for labor legislation is not acute when the total number of women and child workers in factories does not reach 100. There is nevertheless a considerable volume of legislation for the protection of women and children. The following are the principal measures: No boy under 18 shall be employed underground in mines. No female and no boy under 16 shall be employed in or about any mine, quarry or coal-breaker. No child under 14 shall be gainfully employed during school hours. No boy under 16 or girl under 18 shall work at any gainful occupation, other than farm work or domestic service, for more than 48 hours a week or eight hours a day, or between the hours of 7 p. m. and 7 a. m. No child under 14 may work in or about or in connection with any mill, factory, workshop, mercantile establishment, tenement house manufactory or store, business office, telegraph or telephone office, restaurant, bakery, barber shop, bootblack stand or parlor, apartment house, or in the distribution or transportation of merchandise or messages. Provided that boys between 10 and 14 may be licensed by boards of school trustees to sell papers or perform work not harmful physically or morally, out of school hours. No child under 16 shall be allowed to work near dangerous machinery nor among dangerous chemicals, nor in any laundry, distillery, brewery, nor in any place where alcoholic liquors are handled or sold, nor in any other employment forbidden by the State Board of Health as dangerous to life, limb, health or morals of children under 16. No woman or minor shall be employed in bar-rooms. No boy under 10 nor girl under 16 shall be permitted to sell papers or merchandise on the streets. No telegraph or messenger boy under 21 shall be permitted to work between 10 p. m. and 5 a. m. Parents and guardians must send children between 8 and 16 to public school, or to private school with competent instructor, for the whole time that the public schools are in session. No female shall be employed or permitted to work in any mercantile establishment, confectionery store, bakery, laundry, hotel, restaurant, telegraph or telephone office, more than eight hours a day or 56 hours a week. The eight hours must be comprised within a limit of 12 hours each day and at least one hour must be allowed for meals in the working period. Provided that where six days only are worked, ten hours may be worked on one day in the week-the ten hours to be within the 12 hour limit. Females shall not be employed, permitted or suffered to work in any capacity compelling constant standing. Chairs must be provided in the proportion of at least two chairs to every three women, accessible to the women, and their use shall be freely permitted. There is a provision in the laws for issuing certificates to children between 14 and 16, and no child under 16 is permitted to work without holding such certificate.
ARKANSASUntil 1915 Arkansas was almost without legislation regulating the employment of women. In that year a law was enacted creating an Industrial Welfare Commission with power to fix minimum rates of wages, maximum hours of labor and standard working conditions. Until the Commission should arrive at determinations, the hours of labor of women in manufacturing, mechanical, or mercantile establishments, laundries, or express or transportation companies were restricted to 9 hours a day and 54 a week. The minimum wage rate was fixed at $1.25 for female workers of six months experience and $1 for inexperienced workers. Other laws affecting working women and children are: No woman and no boy under 14 shall be permitted to enter any mine to work therein, nor shall any boy under 16, unless he can read and write, be allowed to work in the mine. No child under 14 shall be employed or allowed to labor in any remunerative occupation except for parents or guardians in vacations. No child under 16 shall work in any dangerous occupation; nor one injurious to health or morals; nor where intoxicating liquors are sold; nor in any theater or show. No child under 16 shall be employed who has not passed four yearly grades in the public school or the equivalent thereof. No child under 16 shall be employed about dangerous machinery, acids or gases; in soldering; in dusty occupations; on scaffolding; in building trades, funnels or excavations, mines, coal breakers, coke ovens or quarries, bowling alleys or pool or billiard rooms; nor in other dangerous or injurious occupations. No child under 16 shall work more than 48 hours in a week, nor 8 hours in a day; nor between 7 p. m. and 6 a. m. No child under 18 shall work more than 54 hours in a week nor 10 hours in a day; nor between 10 p. m. and 6 a. m. Before employment, children shall have certificates from the school authorities, showing age and educational standing. Children between 8 and 16 must attend school not less than half the time the public school is in session in any one year, unless the labor of such child is necessary for its own support, or for the support of widowed mother or disabled father, and unless such child has completed the seventh grade. In every manufacturing, mechanical, mercantile and other establishment where girls or women are employed, there shall be provided, and conveniently situated, seats sufficient to comfortably seat such girls or women, and during such times as they are not required by their duties to be upon their feet, they shall be allowed to use the seats.
CALIFORNIASince the adoption of equal suffrage in California, some remarkable experiments have been made in regard to legislation for the protection of women and children. The most important regulations are not to be found in the statute book. They have been made by the California Industrial Commission, created in 1913, which is given the power over hours and conditions of work of women and minors, as well as power to fix minimum rates of wages. The principal laws dealing with the labor of women and children are as follows: No minor under 15 shall be employed, permitted or suffered to work in or in connection with any mercantile establishment manufacturing establishment, mechanical establishment, workshop, office, laundry, place of amusement, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, or in any other place of labor. Provided that on regular weekly school holidays and during the regular vacation of the public schools, minors over 12 and under 15 may be employed if provided with vacation permits issued by the school authorities. And provided that a child over 14 and under 13 may be employed if he has completed the prescribed grammar school course and is physically fit for the labor contemplated, or when the earnings of such minor are necessary in order that his family may support such minor and that sufficient aid cannot be obtained in any other manner. No child under 16 shall be employed or permitted to work at or around dangerous machinery, or upon any railroad or boat; nor about or in connection with any processes in which dangerous chemicals are used; nor in any mine, quarry, coal breaker, coke oven, nor in manufacturing or packing tobacco, nor in operating automobiles, nor in any bowling alley, pool room, nor in any other occupation dangerous to life or limb, or hazardous to health or morals of such child. Power is given to the Bureau of Labor Statistic to decide, after due hearing, whether any particular trade process or occupation is dangerous to life, limb, health or morals of children and after such decision such process or occupation is prohibited to children under 16. No minor under 18 shall be employed more than 8 hours in one day or 48 hours in one week, except when it is necessary to make repairs to prevent the interruption of the ordinary running of machinery, or when a longer day is worked one day a week for the sake of making a shorter day's work for another day in the week. No minor under 18 shall work between the hour of 10 p. m. and 5 a. m. No minor under 18 shall be employed or permitted to work as a messenger for any telegraph, telephone or messenger company in the distribution or delivery of merchandise or message, between 9 p. m. and 6 a. m. Careful provision is made for the issuing and safeguarding of school certificates to children between 15 and 16, and school certificates cannot be issued until employment has been secured. School attendance is obligatory on all children under 16 except those in possession of such certificates. "Nothing in this act," reads one of the provisions of the Children's Act of 1915, "shall be construed to prohibit the employment of minors, of 16 or over, at agricultural, horticultural, viticultural or domestic labor. Nor shall anything in this act be construed to prohibit the employment of minors at agricultural, horticultural, or viticultural or domestic labor, during the time that the public schools are not in session, or during other than school hours." It is expressly stated that canning is not included in these employments. No boy under 10 or girl under 18 shall be employed, permitted or suffered to work at any time in connection with the street occupations of peddling, boot-blacking, the sale or distribution of newspapers, periodicals, or circulars, nor in any other occupation pursued in the streets or in public places in cities of over 23,000, according to the last census. The exhibition, use or employment of children under 16 in any business, exhibition or vocation injurious to health, or dangerous to life or limb is prohibited; also such occupation as begging, singing, playing, dancing or gymnastic exhibitions; and the use of children for any indecent or immoral purpose. A child may obtain from the mayor of a city or the president of the board of trustees of a town or city a permit to appear in a concert or other musical entertainment. The Constitution of California contains a provision that "no person, on account of sex, shall be disqualified from entering upon or pursuing any lawful business, vocation or profession." There is also a law that every person employed in any occupation of labor shall be entitled to one day's rest in seven, whether such work be performed by day or by night. Other laws affecting women are: No female shall be employed in any manufacturing, mechanical or mercantile establishment, laundry, hotel, public lodging house, apartment house, hospital, place of amusement, restaurant, or telegraph or telephone establishment or office, or by any express or transportation company more than eight hours during any twenty-four hours, or more than forty-eight hours in any one week. Provided that these provisions shall not apply to harvesting, curing, canning or drying of any perishable fruit or vegetable, not to graduate nurses in hospitals. Every employer in any manufacturing, mechanical or mercantile establishment, laundry, hotel or restaurant, or any other establishment employing females shall supply suitable seats for all female employees and shall permit them to use such seats when not actively engaged in the duties of their employment. The Industrial Commission established by Ch. 324, 1913, consists of five members "of whom at least one shall be a woman," the term of each is five years, and not more than two end their term in the same year. The duties of the commission are to ascertain wages, hours and conditions of labor in all employment in which women and minors are engaged and to make investigations into the comfort, health, safety and welfare of such women and minors. After full investigation the Commission is empowered to fix minimum rates of wages for women and minors "which shall not be less than a wage adequate to supply to such women and minor the necessary cost of proper living and to maintain the health and welfare of such women and minors." The Commission is also empowered to fix the maximum hours of work consistent with the health and welfare of women and minors engaged in any occupation, trade or industry in the State, provided that the hours so fixed shall not more than the maximum now or hereafter fixed by law; and also standard conditions of labor demanded by the health or welfare of the women and minors. After public hearing, wages, hours or conditions of labor determined by the Commission are made mandatory on employers, and any employer failing to conform to the orders of the Commission becomes guilty of a misdemeanor punishable by fine or imprisonment or both.
COLORADOColorado, like California, has a commission for fixing the minimum rates of wages to women and minors. The powers of the Colorado Commission are, however, limited to this sole purpose, and the Commission is not given authority over hours of labor or healthful conditions of employment. The principal laws affecting working women and children are as follows:- No child under 16 may be employed in any underground works or mine or in or about the surface works thereof, or in any smelter, coke oven, or near any dangerous machinery, or among or near dangerous acids and chemicals. No female child under 10 shall sell or distribute newspapers, periodicals, or any article or merchandise, or engage in any other business on the streets of any town or city. No child under 14 shall be employed or suffered to work in any theatre, or place of amusement where intoxicating liquors are sold; or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, factory or workshop, or as a messenger therefor within this State. No child under 14 shall be employed at any work for wages or compensation during any portion of any month when the public schools are in session, nor be employed between the hours of 8 p.m. and 7 a.m. Children under 14 may be employed in fruit orchards, gardens, fields or farms, within the hours permitted by the law, on obtaining a certificate from the superintendent of schools. No person having the care or custody of a child under 16 shall permit such child to be used or employed as an actor or performer in any concert hall or theatre where intoxicating liquors are sold, nor in any variety theatre, nor for any indecent or immoral purpose, nor in any place, situation, exhibition or vocation dangerous to life, limb, health or morals of such child. Employers of children between 14 and 16 must keep registers of all minors, and no child under 16 may be employed until the employer has received a certificate from the school superintendent permitting such child to work. No child over 14 and under 16 shall be employed who cannot read at sight and write legibly simple sentences, unless such child is attending evening school. All children between the ages of 8 and 16 must attend a public, private or parochial school during the entire year that the public schools are in session. Provided that children between 14 and 16 who have completed the eighth grade or are eligible to enter high school, or any child whose aid is necessary for its own or its parents support may be relieved from the provisions of this act. All children over 14 and under 16 who cannot read and write the English language must attend school at least half of each school day, or attend a public night school or receive instruction from some capable person. No person under the age of 16 shall be permitted to work at any gainful occupation more than 48 hours in any one week, nor more than eight hours in one day, nor after the hours of 8 p. m. No female shall be employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, or restaurant in this State more than 8 hours during the 24 hours of any calendar day. Ch. 128, 1913, provides for the inspection of establishment in which food is prepared, provision of decent toilet facilities and wash-rooms, and for the enforcement of sanitary conditions in all such premises where operatives, employees, clerks or other persons are employed. Seats suitable for the use of the women shall be provided in all manufacturing, mechanical, or mercantile establishments, and their use shall be permitted when the women are not necessarily engaged in the active duties for which they are employed. Ch. 110, 1913, provides for the creation of an industrial commission of three persons-of whom at least one shall be a woman, to enquire into the wages paid to women and minors under 18 and, "if the board or any member of it may have reason to believe the wages paid any such employees are inadequate to supply the necessary cost of living maintain them in health and supply the necessary cost of living, maintain them in health and supply the necessary comforts of life," the board shall undertake an inquiry. After due investigation the board is empowered to fix minimum rates of wages, whether by time or piece, and to send the order to all employers concerned. A right of appeal is given to employers, but while such appeal is pending the new rates must be paid, and when confirmed by the court the new rate is made obligatory on employers, and to pay less is made a misdemeanor, punishable by fine.
CONNECTICUTAs one of the cotton manufacturing states of New England, Connecticut has a large number of women and children working in her factories. A strenuous but unsuccessful attempt was made during the legislative session of 1915 to obtain the passage of a law shortening the working week for women and children from 55 hours to 52 hours. The labor code for women and children includes the following laws: No child under 16 may be used, employed or exhibited for the vocation or purpose of rope or wire walking, dancing, peddling or as a gymnast, rider or acrobat, or in any business or employment injurious to the health or dangerous to life or limb of such child, nor for any obscene, indecent or immoral purpose whatsoever. No minor under 16 and no woman shall be employed in any manufacturing or mechanical establishment for more than 10 hours a day, or 55 hours a week. No minor under 16 and no woman shall be employed in any mercantile establishment more than 58 hours a week. Provided that merchants who give at least 7 days holiday in the year with pay shall be exempt from this provision between December 17 and 25. No person under 16 shall be employed in any manufacturing or mechanical establishment after 6 p.m., and no minor shall be employed in any mercantile establishment after 6 p.m. more than one day a week, except between December 17 and 25. No minor and no female shall be employed in any mercantile establishment after 10 p.m. (There is no provision against the employment of females between midnight and 7 a.m.) No child under 14 shall be employed in any mechanical or mercantile or manufacturing establishment. No child under 16 shall be employed in any mechanical, mercantile
or manufacturing establishment, unless he shall first have obtained
a certificate from the school authorities, stating that he can read
and write, Children between 7 and 16 must attend school regularly during the time that the public schools are in session. Provided that children between 14 and 16 who have obtained certificates of fitness may be exempt so long as they are regularly employed. No child under 16 shall be employed or permitted to oil or clean machinery in motion or to work near dangerous machinery or among dangerous acids or chemicals; nor in any mine or quarry; nor in any brewery or distillery, nor in any establishment where intoxicating liquors are handled or sold. No woman or minor may be employed in saloons. No female under 16 shall be permitted to work in any employment requiring constant standing. Every person or company employing females in any mercantile, mechanical, or manufacturing establishment shall provide suitable seats for the use of all females so employed and shall permit the use of these seats by the females when they are not actively engaged in the duties for which they are employed. It is unlawful knowingly to employ a woman, or permit her to be employed, in any factory, mercantile establishment, mill or workshop within four weeks before or for four weeks after her confinement. Any child in good physical condition between the ages of 14 and 16, may obtain a certificate for temporary employment during the school vacations.
DELAWAREThe two worst loopholes in the labor laws of Delaware are (1) that the 14-years age limit does not apply to canneries; and (2) that while the age limit for children working in factories, work-shops, offices, etc., is 14, it is possible for children to be employed without limit of age if their wages are accounted necessary for their own support or that of their families. The labor code for women and children includes the following laws: No child under 12 shall be employed or permitted to work in any canning or packing establishment, other than those engaged in canning perishable fruits or vegetables. No child under 14 shall be employed or permitted to work in, about or in connection with any mill, workshop, factory, mercantile or mechanical establishment, tenement house manufactory, office, boarding house, hotel, bakery, barber shop, bootblack stand, public stable, garage, laundry, or as a driver or in the transmission of messages. No child under 14 shall be permitted to work in any business or service whatever during the hours when the public schools of the district are in session. No child under 14 shall be permitted to work near or about dangerous machinery. No child under 15 shall be permitted to work among dangerous chemicals or gases; nor in the building trades; nor in any tunnel or excavation, nor in, about or in connection with any mine, coal breaker, coke-oven or quarry; nor in any other occupation dangerous to the life, limb, health or morals of such child; nor shall any child under 16 be employed on the stage of any theatre or concert hall, or in any other exhibition or show, except for two weeks with a permit from the child labor inspector. The State board of health is given power to decide whether any employment or occupation is dangerous for children and should be prohibited. Children between 14 and 16, before obtaining employment, must have certificates, giving age and school record, and testifying that the child is physically fit, and can read and write simple sentences in English. No person under 21 shall be employed in any saloon or bar-room. No boy or girl under 16 shall be permitted to work in any mill, factory, office, etc., for more than six days, or fifty-four hours in any one week, or before the hour of 7 a.m. or after 6 p.m. In cities of 20,000 or over, no person under 18 shall be employed as a messenger between 10 p.m. and 6 a.m. No boy under 12 and no girl under 14 shall sell or distribute newspapers or periodicals in the streets or public places, in cities of 20,000 or over. No boy under 14 and no girl under 16 shall in any city of 20,000 or over, be employed as a bootblack or in any trade or occupation in the street or in public places or in the distribution of handbills or circulars. No boy under 14 or girl under 16 shall sell or distribute newspaper in the street or public places, unless he or she complies with laws concerning school attendance and obtains a permit and badge from school authorities. No child under 16 who has a permit shall sell, distribute or offer for sale any newspaper or periodical. or work at any street trades. After 8 p.m. or before 6 a.m., nor during hours when school is in session. In any case where the labor of a child under the age specified is necessary to assist in the support of itself or of its family, a permit may be obtained for such child to work. Children between 7 and 14 years of age must attend school for at least 5 months in the year. The employment of children as acrobats or gymnasts or in any indecent or immoral occupation or exhibition is prohibited. The law requires the provision of seats for women, and also of proper washing and toilet facilities in all places where ten or more women are employed. The hours of labor of women in Delaware in any mercantile, mechanical or manufacturing establishment, laundry, bakery, printing or telephone or telegraph office or exchange are limited to 10 a day or 55 a week. If any part is between 11 p. m. and 7 a. m., the limit is 8 hours a day. On one day in the week it is legal to work women for 12 hours. Canneries are exempted from this law.
DISTRICT OF COLUMBIALaws affecting women and children, in force in the District of Columbia are the direct work of the U.S. Congress. Most of these laws have been passed since the opening of the twentieth century, and their passage is a proof of the new humane interest in the country in this form of legislation. The chief provisions are as follows: The use of any child under 14 as an acrobat, gymnast, circus rider, ropewalker, or in any exhibition of a like dangerous character, or as a beggar, street singer, or street musician, is prohibited. No child under 14 shall be employed or permitted to work in any factory, workshop, mercantile establishment, store, business office, telegraph or telephone office, restaurant, hotel, apartment house, club, theatre, bowling alley, laundry, bootblack stand, or in the distribution or transmission of merchandise or messages. No such child shall be employed in any work for wages during the hours when the public schools of the District are in session, nor between 7 p. m. and 6 a. m. Provided that this section shall not apply to children in the service of the Senate; and provided that children between 12 and 14 whose labor is necessary for their support, or for the support of disabled, ill or invalid father or mother, or younger brother or sister, may obtain from the judge of the juvenile court permits for employment in labor not dangerous to their health or morals. Children between 14 and 16, before going to work, must obtain age and schooling certificates, to be issued by the superintendent of schools. No minor under 16 shall be permitted to work in any of the above-mentioned establishments for more than 8 hours in any one day, or between 7 p. m. and 6 a. m., or more than 48 hours a week. No male child under 10 or female under 16 shall exercise the trade of bootblack, or sell newspapers, magazines or merchandise of any description on the streets or in any public place. No male child under 16 may engage in street trading until he has received a permit and badge from the superintendent of schools. No child to whom a permit and badge have been issued shall engage in street trading between 10 p. m. and 6 a. m. Seats must be provided in all stores, shops, offices and manufactories where females are employed, and their use must be permitted. Every child between 8 and 14 must receive regular instruction in the elementary branches of knowledge, and to this end must attend some public, private or parochial school, during the customary hours and days of the school term.
FLORIDAFlorida is one of the states which has not passed any law limiting the hours of work of women. Its code for women and children applies exclusively to children under 16. It includes the following laws: Any person hiring or employing a child under 15 for more than 60 days must have the consent of the parent or guardian. No child under 12 shall work in any store or office, or in the transmission or sale of merchandise or transmission of messages in city of 6,000 or over. No boy under 10 or girl under 16 may sell or distribute newspapers or periodicals in the streets of any city of 6,000 or over. No child under 14 shall be employed in any mill, factory, workshop, mechanical establishment, laundry or on the stage of any theatre. No child under 16 shall be permitted to be employed in any mill, factory, etc., unless he have a certificate from the superintendent of schools or some person authorized by him, furnishing evidence that such child is over 14 and that he has regularly attended school for not less than 60 days during the year previous to application. No child under 16 shall be employed for more than 6 days a week, nor more than fifty-four hours a week, nor more than nine hours a day, nor between 8 p. m. and 5 a. m. No person under 21 shall be employed in any saloon or bar-room. No person under 18 shall be employed as a messenger for telegraph or telephone companies, or in the distribution of goods, between 10 p. m. and 5 a. m. No child under 16 shall be employed near or about dangerous machinery, nor as pin boys in bowling alleys, nor among dangerous acids or chemicals, nor in any occupation dangerous to life, limb, health or morals of such child. Suitable wash rooms and toilet facilities must be provided where any person under 16 is employed, also seats must be provided for girls under 16. No child under 14 may be employed in singing, playing, as an acrobat or gymnast, nor for any indecent or immoral purpose, nor is any business or occupation dangerous to life and limbs of such child. Merchants, storekeepers or employers of male or female clerks, salesmen, cash boys or cash girls must provide suitable seats for use of such employees and permit reasonable use of such seats.
GEORGIAThe protection accorded to women and children by the laws of Georgia is grudging and inadequate, but considerable advance has been made in this respect since 1910. As they now stand the laws are as follows: No child under 12 shall be allowed to labor in or about any factory or manufacturing establishment. No child under 14 shall be so allowed to labor unless such child be an orphan without other means of support, or unless his labor is necessary for the support of widowed mother, or aged or disabled father. No child under 14 shall be so allowed to labor between 7 p. m. and 6 a. m. No child under 14-except as aforesaid-shall be so allowed to labor unless he or she can write his or her name and simple sentences, and shall have attended school in the previous year for twelve weeks, of which six shall be consecutive. The hours of labor of all persons and employed in cotton or woollen factories except engineers, firemen, watchmen, mechanics, teamsters, clerical help and yard employees, shall not exceed 60 a week, or ten a day, or the same may be regulated by the employers so that they do not exceed sixty a week. (Employees are permitted to work extra time to make up lost time caused by unavoidable circumstances-a proviso which makes strict enforcement of the law impossible.) No minor under 16 shall be employed in work of the messenger service between 9 p. m. and 6 a. m. The hours of labor by all persons under 21, in all manufacturing establishments other than cotton and woollen mills shall be from sunrise to sunset, with customary time for meals. Seats must be provided for females in all mercantile, mechanical, and manufacturing establishments, and their use permitted. No boss in any factory shall inflict corporal punishment on minor laborers. No child under 12 shall be sold, apprenticed, given away or hired out, for rope or wire walking, or as a gymnast, acrobat, or for any indecent or immoral exhibition or practice. Every parent or guardian having control of a child between 8 and 14 years of age, not exempt or excused, shall cause said child to attend school continuously for four months in a year; provided that no child shall be required to attend school, if he has completed the fourth grade, or if his services are necessary for the support of his parents or of other members of his family, or if his family is too poor to provide him with the necessary books and clothing, or if his health is unsuitable, or if he lives more than three miles from any public school, or in any case where for other good reason the board of education shall have excused such child from attendance at school. Such board of education are authorized to take into consideration the seasons for agricultural labor and the need for such labor, in exercising their discretion as to the time for which children shall be excused from attendance at school.
IDAHOIn 1915 Idaho appointed a Commission to investigate wages and conditions of labor of women and children, and to report on the advisability of constituting a Minimum Wage Board. No report had been made up to the end of 1916. Idaho had in 1910, in all manufacturing industries including the preparation of foods, 155 women operatives over 16, and 30 boys and girls under 16. The employment of children is carefully safeguarded. The following are the principal laws: No child under 14 shall be employed or suffered to work in or in connection with any mine, factory, store, workshop, mercantile establishment, telephone or telegraph office, laundry, hotel, or boarding house, or in the transmission of messages, or merchandise. It is unlawful to employ any child under 14 in any business or occupation during the hours that the public schools are in session, or between 9 p. m. and 6 a. m.; but children over 12 may be employed during regular vacations of two weeks or more of the public schools. No minor under 16 shall be employed in any gainful occupation during the hours that the public schools are in session, unless he can read at sight and write simple sentences in English and has received instruction in spelling, grammar or geography, and is familiar with the fundamental operations in arithmetic. No person under 16 shall be employed or permitted to work at any gainful occupation more than 54 hours in a week of 9 hours a day, nor between 9 p. m. and 6 a. m. No person having care or control of child under 16 shall permits its use or employment as acrobat or gymnast, or for singing or playing on any musical instrument, or for any indecent or immoral purpose. No minor shall serve liquor, or be sent into any saloon, gambling house or other immoral place, or be employed where liquors are made or bottled. Every child between the ages of 8 and 18 must attend school during the entire time that the public schools are in session. Provided that this shall not apply to children over fourteen who have completed the 8th grade or are eligible to enter high school, or where the help of such child over fourteen is necessary for its own use or its parents support. No female shall be employed in any mechanical or mercantile establishment, laundry, hotel, restaurant or telegraph or telephone office or by any express or transportation company more than 9 hours a day. An exception is made for females employed in harvesting packing, curing or canning any perishable fruit or vegetable. Seats must be provided in every establishment where females are employed, and their use must be permitted.
ILLINOISIllinois has a quite extensive code of labor laws for women and children. The principal laws are as follows: No person shall be precluded or debarred from any occupation, profession or employment (except military) on account of sex: Provided that this act shall not be construed to affect the eligibility of any person to an elective office. Nothing in this act shall be construed as requiring any female to work on streets or roads, or to serve on juries. No child under 14 shall be permitted to work at any gainful occupation in any theatre, concert hall or place of amusement where liquor is sold, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, elevator factory or workshop, or as a messenger or driver therefor. No child under 14 shall be employed in any work for wages or other compensation during any portion of any month when the public schools are in session, or between the hours of 6 p. m. and 7 a. m. No child shall be allowed to work more than eight hours in any one day. Minors over 14 and under 16 must have school certificates before being allowed to go to work. Certificates must be approved by the superintendent of schools and must state age of child, and testify to his ability to read and write simple sentences, or that such child is attending evening school. No child under 16 may work at any gainful occupation more than 48 hours in any one week, or eight in one day, or between 7 p. m. and 7 a. m. No child under 16 shall be permitted to work at or near dangerous machinery or in mines, or among dangerous chemicals, or in any other employment that may be considered dangerous to life or limb, or where health may be injured, or morals depraved; nor shall females under 16 be employed in any capacity that keeps them constantly standing. No minor child may be employed in selling or distributing literature devoted to the publication or made up of criminal news or stories of bloodshed, lust or crime. No child under 14 may be employed or exhibited in such occupations as rope or wire walking, singing, begging or playing on any musical instrument, or as an acrobat or gymnast, or in any business dangerous to life or limb. Children between 7 and 16 must attend school during the whole time that the public schools are in session, which must be not less than six months of actual teaching, unless the child is between 14 and 16 and is necessarily and lawfully employed during school hours. No female shall be employed in any mechanical or mercantile establishment, or factory, laundry, hotel or restaurant, or telegraph or telephone office or by any express or transportation company, or in any public institution, more than ten hours in any one day. The hours may be arranged to permit the employment of females at any time. Illinois has laws regulating employment bureaus and sweatshops. The sweatshop legislation is especially designed to secure sanitary conditions.
INDIANAThe principal laws of the State of Indiana controlling the work of women and children are as follows: No male person under the age of 14, or female of any age, shall be permitted to enter any mine for the purpose of employment therein. No person under 16 and no female under 18 shall be allowed to clean machinery in motion. No child under 14 shall be employed in any gainful occupation other than farm work or domestic service, except that children between the ages of 12 and 14 may work in the business of preserving and canning fruit and vegetables from June 1 to October 1 of each year. No child under 16 shall be employed or permitted to work, other than in farm work or domestic service, for more than 48 hours in a week or 8 hours a day, unless the employer have the written consent of parent or guardian; in no event shall any child work at any gainful occupation, other than farm work or domestic service, more than 54 hours a week or 9 hours a day. No child under 16 shall be employed, except in farm work or domestic service, between 6 p. m. and 7 a. m. No child under 16 shall work in any tobacco warehouse or factory where tobacco is manufactured, or in any place of amusement, or in any employment where his health or morals may be injured or impaired. No boy under 16 or girl under 18 shall work in any brewery, or distillery, saloon, concert-hall, or other place where malt or alcoholic liquors are sold or handled; or in dipping, dyeing or packing matches, or among explosives. No girl under 18 shall be employed in any capacity requiring constant standing. No child under 16 shall be employed near or at dangerous machinery. No child under 15 may be employed or used for the purpose of exhibition as a gymnast, acrobat, or rider, or for any obscene, illegal or indecent exhibition, or any vocation injurious to the health, or dangerous to the life or limbs of such child, or for the purpose of prostitution. No minor child under the age of 18 shall be hired out for the purpose of singing, playing on any musical instrument, or begging. No child under 15 shall be permitted to sing, dance, or in any way exhibit in any concert, saloon, theatre, or place of entertainment where alcoholic liquors are sold or given away. All children between the ages of 7 and 16 must attend school regularly during the time that public schools are in session. This section does not apply to children between 14 and 16 who are legally at work; such children must have certificates from the school authorities stating age, and showing that the child has passed the fifth grade or its equivalent. No female between 16 and 18, employed in any mercantile or manufacturing establishment, laundry, bakery or printing office, shall be required or permitted to work more than 60 hours a week, or ten hours a day, unless for the purpose of making a shorter day on the last day of the week. A register must be kept of all children employed between the ages of 14 and 16. No woman or female young person shall be employed in any capacity for the purpose of manufacturing, between 10 p. m. and 6 a. m. Seats must be provided for women and girls employed in any business in this State and the use of these seats must be permitted. Suitable washrooms and toilet rooms must be provided for female workers in factories.
IOWAIowa has as yet no laws controlling night work for women, or limiting the hours of work or women either by the day or week. The labor code as affecting women and children is as follows: No person under 14 shall be employed with or without wages or compensation in any mine, manufacturing establishment, factory, mill, shop, laundry, slaughter house or packing house, or in any store or mercantile establishment where more than eight persons are employed, or in the operation of any elevator, or livery stable or garage, place of amusement, or in the distribution or transmission of merchandise or messages. Provided that nothing in this section shall be construed as prohibiting a child from working in any of the above establishments when such are owned or operated by their own parents. No person under 16 shall be employed at any work or occupation by which his health may be injured or his morals depraved; or among explosives; or in or about any mine during the school term, hotel, howling alley, pool or billiard room, or in occupations dangerous to life or limb, and no female under 21 shall be employed in any capacity compelling her to remain constantly standing. No boy under 11 nor girl under 18 shall, in any city of 10,000 or more inhabitants, engage in street trading. Provided that in exceptional cases permits for street trading may be issued to boys under 11. Boys between 11 and 16 must have permits and badges before engaging in street trading, the permit must state that the boy is regularly attending school and that his occupation does not interfere with such attendance. No person under 16 shall be employed, at any the places or in any of the occupations mentioned in section 1 between 6 p. m. and 7 a. m., nor shall such person be employed more than 8 hours a day, or 48 hours a week; nor shall any person under 18 be employed in the transmission or delivery of goods or messages between 10 p. m. and 5 a. m. in cities of 10,000 or more inhabitants. Every child between 14 and 16, before entering any employment must obtain certificates containing evidence of age, and the school record of the said child. The record must show that the child can read and write and has completed 6 grades, and that he is physically fit for the employment proposed. Children between 7 and 16 must attend school for at least 24 school weeks in each school year. This section does not apply to children who live more than two miles from school, unless the pupils are transported at the public expense; nor to a child over 14 who is regularly employed; nor to a child who is excused for sufficient reason by a court of record; nor while receiving religious instruction. No person under 16, and no female under 18, shall be permitted to clean machinery in motion. Children under 16 shall not be permitted to operate any dangerous machinery. Seats must be provided for females employed in mercantile. And manufacturing businesses, and their use must be permitted to such females. No female shall be employed in places where intoxicating liquors are sold.
KANSASAn Industrial Welfare Commission was established in Kansas at the session of 1915. It has power to regulate labor conditions for women and minors, to fix rates of wages and to limit the hours that may be worked in the various employments. Its preamble reads: "That the State of Kansas declares the inadequate wages, long continued hours and unsanitary conditions of labor exercise a pernicious effect upon the health and welfare of women, learners and apprentices and minors. That it shall be unlawful to employ women, learners and apprentices and minors in any industry or occupation within the State of Kansas under conditions of labor detrimental to their health or welfare, and it shall be unlawful to employ women, learners and apprentices and minors in any industry at wages which are not adequate for their maintenance and for more hours in any one than is consonant with their health and welfare." Employers have the right to an appeal to the district court against a ruling of the commission, but after any ruling concerning either rates of wages, hours of labor or conditions of work has been confirmed, it is a misdemeanor punishable by fine to violate the regulations. The act took effect May 22, 1916; but it is still too recent to be able to judge of its working. Other laws referring to working hours and conditions of women and children include the following: No person under 14 shall be allowed to work in any coal mine; nor any minor between the ages of 14 and 16 unless he can read and write, and unless he has a certificate showing that he has attended school three months in the year. No child under 14 shall be employed or suffered to work in, or in connection with, any factory, workshop, not owned or operated by the parents of said child, theatre or packing house; or operating elevators, or in or about any mine. It shall be unlawful for any person, firm or corporation to employ any child under 14 in any business or service whatever during the hours in which the public school in the district is in session. It shall be unlawful for children under 16 who are employed in the several vocations mentioned in this act, or in the transmission of merchandise or messages, to be employed between 6 p.m. and 7 a.m. or more than 8 hours a day or 48 hours a week. No person under 16 shall be employed at any occupation or in any place dangerous or injurious to life, limb, health or morals. Children under 16 must have school certificates before going to work. No child under 14 may be used or employed as an acrobat, gymnast, circus rider, or in any exhibition of a dangerous character, or as a beggar or street musician. All children between 8 and 15 are required to attend school. Provided that a child of 14 who can read and write the English language, and who is regularly employed shall not be required to attend school for more than 8 consecutive weeks in a year. Seats must be provided for female employees in every mercantile establishment, store, shop, hotel, restaurant or other place where women and girls are employed, and the use of these seats must be permitted.
KENTUCKYKentucky, which was one of the backward states in legislation for the protection of women and children, passed a comprehensive children's act in 1914. There is still need for further legislation for workers over 16. The laws as they now stand include the following provisions: No child under 14 shall be permitted to work in, or in connection with any factory, mill, workshop, mercantile establishment, store, office, printing establishment, bakery, laundry, restaurant, hotel, theatre, or in the transmission of merchandise or messages. It shall be unlawful to employ any child under 14 in any business or service whatever during any part of the term during which the public schools of the district are in session. Nor shall any child under 14 be permitted to appear on the stage of any theatre or other place of amusement whether for pay or not. Children between 14 and 16 before obtaining employment must have certificates from the local school authorities showing age, and showing that the child has attended school for not less than 100 days in the year previous, and that he is able to read and write simple sentences in English, and has completed the first five grades of the public schools, including arithmetic up to and including common fractions, and is physically fit. No child under 14 shall be employed in any of the work specified above for more than six days a week or eight hours a day or 48 hours a week nor between 6 p. m. and 7 a. m. No child under 16 shall be employed at or about dangerous machinery or among dangerous acids, gases or chemicals; or in any tunnel or excavation, or on scaffolding, or in or about any mine, coke-oven, or quarry; or in manufacturing or packing tobacco; or in operating automobiles; or in any bowling alley, pool or billiard room; or in any place where liquors are handled or sold, or in any other occupation dangerous to the life or limb, or injurious to the health or morals of such child. No person under 18 shall be allowed to clean machinery in motion, and wherever persons under 21 are employed in mechanical establishments, belt-shifters and other safety devices must be provided. In cities of the first, second and third class, no person under 21 shall be employed as messenger for any telegraph or telephone or messenger company, in the distribution, transmission or delivery of messages or merchandise between 9 p. m. and 6 a. m. No female under 21 shall be suffered to work in any capacity requiring constant standing. No boy under 14, or girl under 18, shall be suffered to work in any city of the first, second or third class in street peddling, bootblacking, or the distribution or sale of newspapers, periodicals or circulars, nor in any other occupation pursued in any street or public place. Boys between 14 and 16, before engaging in any street trade, must obtain a badge from the authorities empowered to issue employment certificates, and may then work between 6 a. m. and 8 p. m., but at no other time. No female under 21 shall be employed at any gainful occupation, except domestic service and nursing, more than 60 hours a week or 10 hours a day. No female of any age shall be employed in any laundry, bakery, factory, or workshop, store, mercantile, manufacturing or mechanical establishment, hotel or restaurant, telephone exchange or telegraph office more than 60 hours a week or ten hours a day. Seats must be provided in all places where women are employed in the proportion of at least one seat to three females, and their use must be permitted. Proper washrooms, toilets and dressing rooms must be provided for female employees.
LOUISIANALouisiana made a forward step in 1914 by passing a compulsory education law. The law was greatly needed, as Louisiana had the highest rate of illiteracy in the United States-28% for males and 30.1% for females-as against 2.6 per cent for males and 1.6 for females in Idaho; or 2.2 for males and 1.4 for females in Oregon. The laws affecting the labor of women and children include the following provisions: No child under 14 shall be permitted to labor in any mill, factory, mine, packing house, manufacturing establishment, workshop, laundry, millinery or dressmaking stores, or mercantile establishment, or hotel, restaurant or in any theatre or concert hall, or other place of amusement where intoxicating liquors are made or sold; or in any bowling alley, bootblacking establishment, elevator; or in the transmission on distribution of merchandise or message, or in any other occupation whatever. The provisions of this act shall not apply to agricultural pursuits. Children between 14 and 16 seeking employment must have age certificates. No child or person under 18, and no woman, shall be employed in any of the occupations enumerated for longer than 10 hours a day or 60 hours a week. Provided that this shall not apply to persons working in stores on Saturday nights, nor for 20 days before Christmas. No boy under 16 and no girl under 18 shall be employed at any work between 7 p.m. and 6 a.m.-except on Saturday nights in stores, and for 20 days before Christmas. No minor and no woman shall be required to clean machinery in motion. Seats or benches must be provided for female employees and their use permitted. No minors under 17 shall be permitted within or be employed in any place where pool or billiard games are operated. No child under 16 may be used or exhibited as a gymnast, acrobat, dancer or singer, or in any wandering occupation, or in any indecent or immoral exhibition, or practice, or in any practice or place dangerous to the life, limbs, health or morals of such child Parents and guardians of children between 8 and 14 in cities of over 25,000 inhabitants, the Parish of New Orleans excepted, must send such children to the public school, or other school, continuously for at least four months of each year, provided that separate schools for the races are open to receive such minors for so long, otherwise it shall be sufficient to send such minors to schools during the public school term. This act shall not apply when a minor is the sole dependence of infirm persons, or of a mother or sisters in necessitous circumstances. In the Parish of New Orleans children between 8 and 14, and between 14 and 16 unless legally employed, or unless they have completed all the grades in the elementary schools, must attend school through the entire school session. Men living upon the wages or personal earnings of their wives or minor children shall, if able to work, be punished as vagrants. No female shall be employed in any concert hall or saloon to distribute, or appear among the audience or frequenters, for the purpose of distributing, or taking orders for liquors.
MAINEMaine made a notable advance in protective legislation for women and children in the session of 1915, but the law did not come into force until it was ratified by popular vote in September, 1916. Before the passage of the law of 1915 the state was decidedly backward. It now ranks fairly with the other New England states. The chief provisions of the law are as follows: No boy under 16 and no female shall be employed in any workshop, factory, manufacturing or mercantile establishment for more than 9 hours a day, except that longer may be worked in order to make a shorter day one day in the week, and in no case shall the hours be more than 54 a week. No minor under 16 shall be so employed between 6 p.m. and 6.30 a.m. No boy under 16 and no female shall be employed in any telephone exchange with more than 3 operators, or in any mercantile establishment, restaurant, telegraph office, or by any express or transportation company, more than 54 hours a week, except from December 17 to 24 inclusive, and for 8 days before Easter in millinery or other stores. Nothing in this law shall apply to manufacturers or business the materials and products of which are perishable goods and require immediate labor to prevent damage. The laws previously in force include the following provisions: No child under 14 shall be employed in any manufacturing or mechanical establishment. No child under 14 shall be employed at any service for hire during schools hours. No minor between 14 and 16 shall be employed in any manufacturing or mercantile establishment unless he first present a certificate from the school authorities stating age, and that he can read and write simple sentences in English and perform the fundamental processes of arithmetic, and that he is physically fit for the proposed employment. Children between 14 and 16 may be employed during school vacations, after first obtaining certificates. Children between 7 and 15, and between 15 and 17, if unable to read and write, must attend school during the entire time that the public schools are in session. No child under 16 may be used or exhibited for begging or soliciting alms, or in any indecent or immoral exhibition, or if idiotic or insane, or possessing any deformity or unnatural physical formation, or in any practice, or place, dangerous or injurious to the life, limbs, health or morals of the child. Seats must be provided for girls and women employed in any mercantile establishment, shop, store, hotel, restaurant, or other place where women are employed as help or clerks. There is no law in Maine controlling street trading for children or night work for women.
MARYLANDMaryland amended its child labor laws in 1912. The greatest defect in its present code is the lack of regulation for the canning industry. The chief provisions of the laws are as follows: No person under 14 shall call for or deliver any telegram or other messages, nor shall one under 16 do so between 8 p. m. and 8 a.m. No minor person shall call for or deliver any telegram or other message at any house of ill repute or questionable character. In cities of 20,000 or over, no person under 18 shall be permitted to work as a messenger for telegraph, telephone or messenger company in the transmission of goods or message between 10 p. m. and 6 a. m. No child under 14 shall be permitted to work in, about or in connection with any mill, factory, workshop, mechanical establishment, tenement house manufactory, office, restaurant, bakery, barber shop, hotel, apartment house, bootblack stand, stable, garage, laundry, or as a driver or in any brick or lumber yard or in the construction or repair of buildings, or as a messenger for telegraph, telephone or messenger companies. No child under 12 shall be employed in connection with any canning or packing establishment, store, office, boarding house, place of amusement or in the distribution or sale of merchandise. No child under 14 shall be suffered to work for hire in any business or service whatever, when the public schools of the district are in session, unless such child shall have fulfilled such requirements as to school attendance as may be prescribed by law. No child under 16 may work at dangerous machinery, or in any capacity about or near dangerous or poisonous acids, chemical gases or dust; nor on scaffolding, heavy work in building, or in tunnel or excavation nor in or about any mine, coal breaker, coke-oven or quarry; nor in the manufacture or packing of tobacco; nor in operating any automobile, nor in a pool or billiard room, nor in any other occupation dangerous to the life and limbs, or injurious to the health or morals of such child, nor shall any child under 16 be employed on the stage of any theatre or concert hall in connection with any entertainment or show. Children between 14 and 16 must have certificates of age and literacy before going to work. To obtain a certificate a child must show that he can read intelligently and write legibly simple sentences in the English language. The certificate must also contain a statement that the child has regularly attended school for not less than the minimum period prescribed by law after attaining the age of 13, and that he has completed the fifth grade of studies, and is physically fit. No child under 18 shall be permitted to work in, about or in connection with blast furnaces, docks or wharves, or in the outside crection of electric wires, or in the running of elevators, emery wheels, dynamos, or buffing or polishing wheels; or as brakeman, engineer, motorman or conductor on railroads, or as pilot or engineer on boats; or among explosives; or where liquor is made or handled, or in any theatre or place of amusement where intoxicating liquors are sold. No minor under 21 shall be employed in any saloon or bar-room. No buy under 12 or girl under 16 shall sell newspapers or periodicals in any public streets in any city having a population of 20,000 or more. No boy under 14 nor girl 16 shall work as a bootblack or in any other trade or occupation, except newspaper selling, in the streets and public places in cities of 20,000 or more. Boys under 10 and girls under 16 selling newspaper must have badges, to be obtained on proof of age and attendance at school. No child under 16 may sell or distribute newspapers or periodicals or work at any trade or occupation in public places between 8 p. m. and 6 a. m., nor during the hours when the public schools are in session. Children between 8 and 14 must attend school during the entire time that the public schools are in session in the district, unless they are receiving adequate introduction elsewhere. Minimum period of schooling four months in each year. No female shall be employed or permitted to work in any manufacturing, mechanical, mercantile, printing, baking or laundering establishment more than 10 hours in any one day nor more than sixty hours a week, nor more than 8 hours in one day if any part of her work is done between 10 p. m. and 6 a. m. Provided that in Alleghany county any person subject to this act in whose establishment the average working day for the year does not exceed 9 hours a day and in which the entire working force is employed on full time during the entire year, and for a period of not less than four months has working day for employees of less than nine hours, may for a period not exceeding six weeks employ their employees for not more than twelve hours a day to meet seasonal demands. But the provisions of this act shall not apply to female employed in canning or preserving perishable fruits and vegetables. No child under 16 shall be employed in laboring more than ten hours a day in any manufacturing business or factory in the State, nor in any mercantile business in the city of Baltimore. No child under 14 may be used or employed as an acrobat or gymnast, a beggar or street singer. No person shall employ a minor under 16 in handling intoxicating liquors or in any brewery or bottling establishment where liquors are prepared or offered for sale. No person performing on musical instruments or engaged in street peddling may be accompanied by any or girl under 8 years of age. In every retail, jobbing or wholesale drygoods store, notion, millinery or any other business where any female salespeople are employed, a seat shall be provided for each one of such female help, and they shall not be forbidden to avail themselves of any opportunity of rest not interfering with their duties.
MASSACHUSETTSMassachusetts has passed more laws dealing with the hours and conditions of labor of women and children than any other state. This is due to the fact that the problem of the working woman and the working child first became acute in the cotton industry of New England, of which the principal center are in Massachusetts. The difference in the size of the problem presented in Massachusetts and in the equal suffrage states is indicated by the figures of the 1910 census. The total number of women and children working in factories i all the eleven full suffrage states in 1910 was 28,217-26,165 females over 16 and 2,052 boys and girls under 16. In Massachusetts in the same year the numbers were 173,280 females over 16 and 20,735 children under 16. The chief provisions of the labor code for women and children in Massachusetts are as follows: No person under 18 shall be employed in bar-rooms to serve liquor to be drunk on the premises, nor shall any minor under 18 be employed in handling intoxicating liquors in a brewery or bottling establishment in which such liquors are prepared or offered for sale. No child and no woman shall be employed in laboring in a mercantile establishment more than 58 hours a week. No child under 18 and no woman shall be employed in laboring in any factory or workshop, or in any manufacturing or mechanical establishment, telegraph or telephone exchange or by any express or transportation company more than ten hour a day and in no case shall the hours of labor exceed 54 in any week, except that in seasonal manufacturing the number of hours may exceed 54 but not 58, provided that the total number of such hours in the year, exclusive of Sundays and holidays shall not exceed an average of 54 a week. If any child or woman be employed in more than one such place the total number of hours shall not exceed 54 a week. Hours of labor shall be posted, and employment of women and children outside of posted hours shall be deemed a violation of the law, unless it appears that such employment was to make up time lost on a previous day of the same week, or in consequence of the stopping of machinery upon which such person was employed. Any parent, guardian or employer who permits a child to be employed in violation of the law is punishable by fine of between $50 and $100. No woman or minor may be employed in any capacity for the purpose of manufacturing between 10 p.m. and 6 a.m. No woman or minor shall be employed in the manufacture of textile goods between 6 p.m. and 6 a.m. No child under 14 shall be permitted to work in, about or in connection with any factory, workshop, manufacturing, mechanical or mercantile establishment, barber shop, bootblack stand, public stable, garage, brick or lumber yard, telephone exchange, telegraph or messenger office, or in the construction or repair of buildings, or in any contract or wage-earning industry carried o in tenement or other houses. No minor under 14 shall be employed for wages or other compensation during the hours that the public schools are in session, or before 6.30 a.m. or after 6 p.m. Children between 14 and 16 must have certificates before being allowed to go to work, provided that children between 14 and 16 may work between 7 a.m. and 6 p.m. on Saturdays without such certificates. Before obtaining a certificate the child must have the promise of employment, must show that he or she is 14 years of age, and in good health and able to perform the wok he intends to do. The school record must state the grade last completed, and the number of weeks that the child attended school in the year previous and the record shall not be issued unless the child has attended school for not less than 130 days after becoming 18 years of age. School attendance officers may visit factories, workshops, stores, etc., to ascertain if any children are working contrary to law. No child over 16 and under 21 shall be employed in any factory, store, etc., unless his employer has on file an educational certificate, showing age and ability to read, write and spell in the English language. If the child has not this ability he must attend evening school and present to his employer each week a record of such attendance. Women and young persons employed in a factory shall be allowed their meal time at the same hour, and no such persons shall be employed during the meal hour in tending machinery, or doing the work of other women or young person as well as their own. Seats must be provided for women and young persons in any manufacturing, mechanical or mercantile establishment, and the use of the seats be permitted. Children under 14 are prohibited from cleaning machinery in motion. No child under 15 may be employed or exhibited in dancing, wire walking, circus, gymnastic or acrobatic performances. No woman shall be knowingly employed in laboring in a mercantile, manufacturing or mechanical establishment within two weeks before or four weeks after childbirth. Women and children working in workshop for the altering or repairing of garment shall not be employed for more than 56 hours a week. Except for the delivery of messages directly connected with publishing a newspaper to a newspaper office, or between newspaper offices, no person under 21 shall be employed as a messenger for a telegraph, telephone, or messenger company in the distribution of messages or merchandise between 10 p.m. and 5 a.m. The State Board of Health shall investigate core rooms where women are employed, and make rules regulating the employment of the women. The rules shall relate to the structure and location of the rooms, the emission of gases, and the size and weight that women shall be allowed to lift or work on. Women employed in the State bathhouses shall receive the same scale of wages as the men attendants when performing similar work. No minor under 16 may be employed on dangerous machinery nor on scaffolding, or on tobacco, nor in any tunnel nor in bowling alleys or billiard rooms. The State Board of Labor and Industries may determine whether any trade or process is sufficiently dangerous or sufficiently injurious to the health or morals of children under 16 to justify their exclusion therefrom. No child under 16 shall be permitted to work in an occupation thus determined to be dangerous or injurious. No minor under 18 may work in or about a blast furnace, hoisting machine, in oiling or cleaning dangerous machinery in motion, at a buffing wheel, at switch tending, track-repairing, as a brakeman, foreman, engineer, motorman, or conductor; fireman or engineer, in or about explosives, yellow phosphorous, or alcoholic liquors; nor in any occupation determined to the dangerous or injurious to minors under 18 by the State Board of Labor. No person under 21 may be employed in any saloon or bar-room where alcoholic liquors are sold. No such person in any employment shall be taken or sent to any disorderly house or immoral place of amusement. No minor under 16 shall be employed in any mercantile, manufacturing or mechanical establishment, or any employment prohibited to children under 14 for more than six days a week or 48 hours a week, or 8 hours a day, or between 6 p.m. and 6:30 a.m. No boy under 18 or girl under 21 shall be employed in any such establishment for more than 6 days a week, or 10 hours a day or 54 hours a week, nor between 10 p.m. and 5 a.m. No boy under 12 nor girl under 18 shall sell newspaper or merchandise on the streets of any city of 50,000 or over. No boy under 16 may sell newspapers or act as bootblack unless he has complied with the law concerning school attendance and has obtained a badge; nor may any boy sell newspapers between 9 p.m. and 5 a.m. Every child between 7 and 16 must attend the public school or some other approved school during the entire time the public schools are in session; provided that children between 14 and 16 who have obtained employment certificates and who are at work for at least six hours a day or have completed the 4th grade are not subject to this provision. When a town or city shall have provided continuation schools for the education of minors between 14 and 16 who are at work in the day, the school committee may require the attendance of such minors for not less than four hours a week, such hours to be between 8 a.m. and 6 p.m. and to be reckoned as part of the hours that minors are permitted by law to work.
MICHIGANThe following are the principal provisions of the Michigan labor code as it applies to women and children: No male under the age of 18 and no female shall be employed in any factory, mill,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, or in any laundry, store, shop or other mercantile establishment, for longer than an average of nine hours a day or 54 a week, nor more than 10 hours in any one day. Provided that this law shall not apply to any person engaged in preserving or canning perishable fruits or vegetables. No female under 18 shall be employed in any manufacturing establishment between 6 p.m. and 6 a.m. No child under 16 shall be employed in any manufacturing establishment or workshop, mine or messenger service in this State between 6. p.m. and 6 a.m. No child under 18 shall be employed between 10 p.m. and 5 a.m. in the transmission of messages or merchandise. No child under 21 shall be employed in any theatre, concert hall or place of amusement where intoxicating liquors are sold. No child under 14 shall be employed in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, mine, bowling alley, theatre ,workshop, telegraph or messenger service. A register must be kept of all children employed in any of the above places, when between the ages of 14 to 16, and such children must secure employment certificates before going to work. Employment certificates must contain proof of age and school record of such child. The child must have regularly attended the public school, or schools equivalent, for not less than 100 days during the year previous to his being 14, or the year previous to applying for certificate, and he must be able to read and write simple sentences in English and do the work of the 6th grade. The child must report monthly to the person issuing the certificate and show that he is regularly employed. No female under 21; nor male under 18 shall be allowed to clean machinery in motion, nor to be employed in or about any brewery, distillery, or other establishment where alcoholic liquors are manufactured, packed, bottled or wrapped, nor in any hazardous employment where their health may be injured or morals depraved, nor shall females be unnecessarily required in any employment to remain standing constantly. No child under 16 shall be employed in any theatre, variety show, moving picture show or other playhouse, music or dance hall, pool or billiard room. Children in traveling theatrical companies are exempt from this act. All persons who employ females in stores, shops, offices or manufactories, as clerks, assistants, operatives or helpers in any business, trade or occupation are required to provide seats for all such females, and permit the use of them at reasonable times. No person shall employ or permit any girl or woman to act as bar-keeper, or to serve liquor, or furnish music or for dancing in any saloon or bar-room where intoxicating liquors are sold. No child under 16 shall be used, exhibited, or employed in or for the vocation of rope walking, gymnast or acrobat, or for dancing, or begging or for any indecent or immoral occupation or any exhibition injurious to health or dangerous to life or limb. No person shall give to any minor child, or employ any child to sell or distribute any book or pamphlet containing obscene language or pictures or descriptions tending to the corruption of the morals of youth, or newspapers devoted to the publication of criminal news. Any person so doing shall be deemed guilty of a misdemeanor. Any truant officer when satisfied that any child within his jurisdiction, required by law to attend school, is unable to do so because his services are required for his own support or to assist in the support or care of others legally entitled to his services, such persons being unable to care for themselves, such truant officer shall report the case to the Board of Education which may grant such relief as will enable the child to attend school during the whole school year. For this purpose such board shall pay during the school year to the family of the child a sum not to exceed three dollars a week nor more than six dollars a week for the children of any one family. Said money to be paid out of the fund for the maintenance of public schools. Every child between 7 and 16 shall attend the public schools or some equivalent school during the entire school year. Exceptions:-Any child who has received an eighth grade diploma from the public schools; any child over 14 whose services are essential to the support of his parents, and who is excused on the recommendation of the Board of Education; provided that he is regularly employed at some lawful work.
MINNESOTAThe Minnesota laws for the protection of women and children rank fairly high among those of the male-suffrage states. Minnesota has an Industrial Commission with power to fix minimum rates of wages for women and children. It has also a system of pensions for mothers. The principal provisions of the labor code, as it affects women and children, are as follows: No child under 14 shall be employed or permitted to work in or in connection with any factory, mill, workshop, or in any mine; or in the construction of any building or about any engineering work; it shall be unlawful to employ or exhibit any child under 14 in any business or service whatever during any part of the time that the public schools are in session. Children between 14 and 16, before going to work, must obtain certificates from the school authorities. The certificates must attest the age and physical development of such child, and so certificate shall be granted unless the child is able to read and write simple sentences in the English language. No person under 16 shall be permitted to work at any gainful employment for more than 48 hours in any one week, or eight hours a day, nor between 7 p.m. and 7 a.m. No child under 16 shall be employed at sewing or adjusting belts, or oiling or cleaning machinery, nor at dangerous machinery, nor in preparing any composition in which dangerous acids are used, nor in the manufacture of paints, colors or white lead; nor in operating elevators; nor shall they be employed in any capacity whatever in the manufacture of goods for immoral purposes, nor in any other employment dangerous to life, limbs, health or morals, nor in any theatre, concert-hall, saloon or place of amusement or bowling alley. No boy under 18 shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution of goods or messages between 9 p. m. and 5 a. m.; and no girl under 21 shall be thus employed at any time. No minor shall be allowed in any room where intoxicating liquor is sold. No female shall be employed in a mercantile establishment, lunch room, restaurant or eating house for more than 10 hours a day or 58 hours a week. Females may be employed not more than 11 hours on Saturday, but not more than 58 hours in the week. No female shall be employed in any manufacturing or mechanical work more than 9 hours in any one day, or 54 hours in any one week, or in any telephone or telegraph establishment more than 9 hours in any one day or 54 hours a week in cities of the first and second class. Provided that a different apportionment of hours may be made for the sole purpose of giving a shorter day's work for one day in the week; and further provided that the provisions of this act shall not apply to employment required in canning or preserving perishable fruits, grains or vegetables where the period of operating requiring such employment does not exceed six weeks in duration. No woman shall be required or permitted to oil or clean moving machinery. Seats must be provided for females employed in mercantile, manufacturing, hotel or restaurant business, and their reasonable use permitted-such use as may be necessary for the preservation of health of such females. Every child between 8 and 16 years of age shall attend school during the entire time that the public schools are in session. Provided that any child above 14 whose help is required in or about the home of his parents or guardian, may be excused from attendance between April 1 and November 1; but this provision shall not apply to cities of the first and second class. No child under 18 may be employed or exhibited as a rope or wire walker, gymnast, acrobat, or in mendicancy, or in any indecent or immoral exhibition, or in any practice or exhibition dangerous or injurious to life, limb, health or morals, or in any labor or any kind outside the family of his residence between 6 p.m. and 7 a.m.; or as a messenger to any known house or prostitution or assignation. Every person who shall torture, torments or cruelly or unlawfully punish a child under 16 shall be guilty of a misdemeanor. No female under 16 shall be employed in any capacity in which such employment complete her to remain constantly standing.
MISSISSIPPIMississippi passed a child labor law in 1912; but as yet the state has made little provision for the protection of women workers. The chief provisions of the law of 1912, as amended in 1914, are as follows: No girl under 14 nor boy under 12 shall be employed or permitted to work in any mill, factory, manufacturing establishment or cannery. No boy under 14 or girl under 16 shall be employed or permitted to work in any cotton or knitting mill more than eight hours in any one day, or forty-eight hours in any one week, or be employed in or detained in any such establishment between 7 p.m. and 6 a.m.; but all other employees of cotton or knitting mills may be employed and may be permitted to work not more than 10 hours a day of 60 hours in any one week. No boy under 16 nor girl under 18 shall be employed or detained in mill, cannery or manufacturing establishment, other than cotton or knitting mills, for more than 8 hours a day or 48 hours a week, or between 7 p.m. and 6 a.m. It is provided is the act of 1912 that the act shall apply only to manufacturing establishment engaged in manufacturing or working in cotton, wool or other fabrics and to canneries and manufacturing establishment where children are employed indoors at work injurious to health, or in operating dangerous machinery, but the provisions of the act shall not apply to fruit canneries. Children under 16, before being employed must present certificate of age and statement of school attendance, on the affidavit of parent or guardian. It shall be unlawful for any person, firm or corporation engaged in manufacturing or repairing to work their employees more than 10 hours a day or 60 hours a week, except in cases of emergency or where public necessity requires. In 1916 the 10-hour law was amended to permit employers to work their employees 10 hours and 30 minutes the first days a week, the total working week not to exceed 60 hours. By the same amendment it was made lawful for nightworkers to work 11 1/4 hours each night the first five days of the week and 3 3/4 hours on Saturday. All person who are able to work and do not work, but hire out their minor children or allow them to be hired out, and live upon their wages, shall be punished as vagrants.
MISSOURIFor the men of Missouri, eight hours constitutes a legal working day, and this limitation is strict in regard to mines and smelters. For the women a nine-hour day is the best that the law has yet provided, and this limit does not apply to the canneries. Nevertheless, the labor code of Missouri as it applies to women and children compares favorably with those of most of the male suffrage states. Its chief provisions are as follows: No child under 14 shall be employed in any gainful pursuit except agriculture or domestic service. No child under 16 shall be employed in any gainful occupation for more than 48 hours in a week, nor 8 hours in a day, nor between 7 p.m. and 7 a.m. No child over 14 and under 16 shall be employed without first presenting a certificate issued by the school authorities, giving age and school record, and certifying that the child has attended school regularly and is able to read and write simple sentences in English. No boy under 10 and no girl under 16 shall sell or offer for sale any newspapers, periodicals or merchandise in any street, hotel, railway station, place of public amusement, place where intoxicating liquors are sold, or public office. No child under 16 shall be allowed to work at dangerous machinery, nor in oiling or cleaning machinery; nor in the preparation of any composition in which dangerous acids or alkalis are used; nor in dipping or packing matches, or manufacturing or packing explosives, or goods for immoral purposes; nor in any place where alcoholic liquors are manufactured, or bottled, hotel, concert hall, pool or billiard room, wholesale drug store, saloon or place of amusement, nor in bowling alleys, nor in any other employment declared by the State factory inspector to be dangerous to the life, limbs, health or morals of children under 16. Seats must be provided for females employed in manufacturing, mechanical or mercantile establishment, and their use must be permitted. No female shall be employed as servant, bar-tender, waiter, dancer or singer in any place where alcoholic liquor is sold at retail. No child under 14 may be employed or exhibited in rope or wire walking, as an acrobat or gymnast, or for any obscene or immoral purpose, or in any occupation injurious to the health or dangerous to the life or limb of such child. Every child between 8 and 14 must attend regularly some day-school during at least three-fourths of the entire time the school is in session. All children between 14 and 16 who are not regularly employed in some lawful occupation shall attend school regularly. No female shall be employed in manual or physical work in any manufacturing, mechanical, or mercantile establishment or factory, workshop, laundry, or bakery or restaurant, or any place of amusement, or to do any stenographic or clerical work of any character in any of the divers kinds of establishments herein above described, or by any express or transportation or public utility company or corporation, or by any public institution for more than 9 hours a day or 54 a week. Provided that operators of canning or packing plants in rural communities, or in cities of less than 10,000 inhabitants, wherein perishable farm products are canned or packed, shall be exempt from the provisions of this law for a number of days, not to exceed ninety in one year. This law does not apply to telegraph or telephone companies.
MONTANAAccording to the census of 1910, Montana had 189 women and girls over 16 and 30 children under 16 at work in manufacturing industries. The smallness of the numbers affected accounts for the fact that Montana has not yet a complete factory code. It must also be remembered that until November, 1916, Montana women had no opportunity to elect a legislature. The laws affecting working women and children are as follows: It shall be unlawful to employ children under the age of 16 underground in mines. No child under 16 may be employed in any service or labor, whether under contract of employment or otherwise, in, on or about any mine, mill, smelter, workshop, factory, railroad, elevator, or where any machinery is operated, or for any telephone, telegraph or messenger company, or in any occupation not enumerated here which is known to be dangerous or unhealthful, or which may be detrimental to the morals of said child. Employers, parents and guardians are all rendered liable for the breach of this law. Children on attaining the age of 16 may apply for a school certificate on the presentation of which they may obtain employment. Parents and guardians must instruct, or cause to be instructed, the children under their charge in reading, writing, English grammar, geography, physiology and hygiene, and arithmetic. All children between 8 and 14 must attend school for the full time that school is in session, in no case less than 16 weeks during any year. All children between 14 and 16 not engaged in some regular employment shall attend school for the full term that the public schools are in session. No child under 14 shall be employed by any person or corporation while the public schools are in session, unless such child present an age and schooling certificate containing satisfactory proof of his age and that he has finished the school course, or if between 14 and 16, that he can read intelligently and write legibly the English language. All minors between 14 and 16 who cannot read and write intelligently shall attend school regularly. No child under 16 shall be used or employed for any begging, rope-walking, dancing, peddling, or any mendicant business whatever. No female shall be employed in any manufacturing, mechanical or mercantile establishment, telephone exchange or office, or telegraph office, laundry, hotel or restaurant for more than 9 hours a day. Provided that for one week before Christmas females may be employed in retail stores not over ten hours a day. And provided that overtime at extra compensation shall be allowed, where life or property is in imminent danger. Suitable seats must be provided for female employees in manufacturing, mechanical or mercantile establishments, laundries, hotels and restaurants and other establishments employing females, and their use must be permitted.
NEBRASKANebraska is one of the states where a fight was made to declare unconstitutional a statute limiting the hours of work of women. The laws affecting working women and children are as follows: No female shall be employed in cities of over 5,000 in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, restaurant or office, or by any public service corporation more than 9 hours in a day or 54 hours a week. The hours of each day may be arranged to permit employment at any time between 6 a. m. and 10 p. m., but no female may be employed between 10 p. m. and 6 a. m. Provided that public service corporations may employ females between 10 p. m. and 6 a. m., but such employment shall not be for more than eight consecutive hours. Every employer in stores, factories, offices and schools shall provide seats for females therein employed and shall permit their use. No child under 14 shall be employed in any theatre, concert hall or place of amusement, or in any place where intoxicating liquors are sold, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, elevator, factory, or workshop, or as a messenger or driver. It shall be unlawful to employ any child under 14 in any occupation or business whatever, during the hours that the public schools are in session. No child between 14 and 16 shall be employed in any of the foregoing establishments, unless his employer procures and keeps on file a certificate from the school authorities. This certificate shall attest the age and physical fitness of such child, and that he can read and write simple sentences in the English language, and that he has attended school for at least three-fourths of the school year previous to arriving at 14 years of age, or previous to applying for such certificate. It shall also state the work of the child as measured by the school grade attained. Regular attendance at a public evening school for the three evenings a week and 20 weeks in the year is required where a child under 16 has not completed the 8th grade. In school districts, other than city school districts, children between 7 and 15 must attend school during each school year for a period of not less than twelve weeks, and if the public school of the district be in session for more than twelve weeks, for not less than two-thirds of the whole time the school is in session, in any case not less than twelve weeks. In cities children between 7 and 16 must attend school during the entire time the public schools are in session, or must have equivalent instruction elsewhere. Provided that children between 14 and 16, who are legally employed, are exempt from the provisions of this at, but such children may be required to attend evening school for not less than two hours on each of not less than three days a week for a period of not less than twenty weeks a year. No child under 16 shall be employed in any work which by its nature or by the place of its performance is dangerous to life or limb, or injurious to health or morals. No person under 16 shall be employed or suffered to work in any theatre, concert hall, or place of amusement or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, packing house, bowling alley, elevator, factory, workshop, beet field, or as a messenger or driver therefore more than 48 hours in any one week or more than 8 hours a day, nor between 8 p. m. and 6 a. m. No child between 14 and 16 shall be exempt from school attendance unless for physical or mental incapacity to profit by school instruction, or unless his services are necessary for his own support or the support of those legally dependent on him.
NEVADANevada has the smallest number of women and children in industry of any state in the Union. According to the U. S. Census of 1910, there were 26 women and 9 children engaged in all the manufacturing establishments of Nevada. The laws relating to the employment of women and children are as follows: All children between 8 and 16 must attend public school during the whole time that the schools are in session, unless satisfactory evidence is presented to the board of trustees that the child's labor is necessary for its own or its parents support, or unless the child has completed the eighth grade. No minors may be employed in bar-rooms. No minor child may be employed in begging or in any mendicant occupation, in any indecent or immoral practice, or in any exhibition or practice dangerous or injurious to life, limb, health or morals, or as a messenger to any house of prostitution or assignation. No boy under 14 or girl under 16 may be employed at any labor whatever in connection with any store, shop, factory, mine, or inside employment, nor connected with farm or housework, without the written permit of a judge of the county. No child under 16 shall be employed in or about dangerous chemicals, dipping or packing matches, manufacturing goods for immoral purposes, nor in or in connection with any mine, coal breaker, quarry, smelter, laundry, tobacco warehouse or cigar factory; or any place where alcoholic liquors are manufactured, wrapped or bottled; nor in any employment declared by the State Board of Health to be dangerous to the lives or limbs, or injurious to health or morals of such children. No child under 16 shall be employed in glass furnaces, ore-reduction works, or in the erection of electric wires, in running elevators, in oiling dangerous machinery in motion, among explosives or in any other employment declared to be dangerous by the Board of Health of the State. No person under 18 shall be employed as a messenger in the delivery of messages or merchandise between 10 p. m. and 5 a. m. No boy under 16 or girl under 18 shall work at any gainful occupation, other than domestic service or farm work, more than 48 hours a week, or 8 hours a day. Both parents and employers are held liable for any breach of this law.
NEW HAMPSHIREThe principal provisions of the laws affecting working women and children are as follows: No girl or woman shall sell or serve liquor to be drunk on the premises; nor shall any male person under 21 sell or serve liquor except to bona fide registered guests in their rooms and in dining rooms with meals under licenses of the first class. No child under 14 shall be employed in or in connection with any mill, factory, workshop, quarry, mercantile establishment, tenement house, manufactory, store, business office, telegraph or telephone office, restaurant, bakery, hotel, barber shop, apartment house, bootblack stand, or in the distribution of messages or merchandise. No child under 16 shall work in any of the foregoing employments during the time the public schools are in session, unless he can read, understand and write legibly, simple sentences in English. No boy under 10 nor girl under 16 shall sell newspapers, periodicals or merchandise in the streets or public places. No child shall work as a bootblack in any street or public place until he is over 10. No person under 18 shall be employed as a messenger for a telegraph, telephone or messenger company, in the distribution of messages or goods between 10 p. m. and 5 a. m. No boy under 16 nor girl under 18 shall be employed in any gainful occupation other than domestic or farm work more than 58 hours a week or 11 hours a day nor between 7 p. m. and 6:30 a. m. Except that minors over 16 may work in retail stores and telephone exchanges until 10 p. m. and boys 14 years and over may deliver newspaper route after 5 a. m. and boys over 12 may deliver newspaper routes between 4 and 8 p. m. Children under 16 must present certificates from the school authorities before going to work. These certificates must state age of child, physical fitness, and school record. The school or other approved school, and that he is able to read understandingly and write legibly simple sentences in English and in physically fit. No female and no minor shall be employed in any manufacturing or mercantile establishment, laundry, restaurant or confectionery store, or by any express or transportation company more than 10 hours during any one day or more than 55 hours a week. If any part of a female's daily employment is between 8 p. m. and 6 a. m. all the employment shall be considered night work, and no female employed at night work shall work more than 8 hours in the 24 hours of any one day or 48 hours a week. If the female is employed not more than one might after 8 p. m., she shall be permitted to work 55 hours a week. Suitable seats must be provided for female employed in ay manufacturing, mechanical or mercantile establishment and their use permitted. No child under 14 may be employed or exhibited in dancing, playing on musical instruments, wire walking or as a gymnast or acrobat. Nor shall any minor be hired or permitted to sell or give away any literature or pictures devoted to accounts of lust or crimes.
NEW JERSEYThe New Jersey labor code for women and children is somewhat intricate and difficult to understand. The following are the principal provisions: No child under 15 shall be employed or exhibited in rope or wire walking, or as a gymnast, acrobat or rider, or for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child, or for the purpose of prostitution, nor shall any minor child be retained or employed in any assignation house or brothel, or in any place where any obscene, indecent or illegal exhibition takes place. No minor child under 18 shall be hired out, apprenticed or otherwise disposed of for the purpose of singing, playing on musical instruments, begging or for any mendicant business in the public streets. No minor child under 15 shall be permitted to sing, dance or act in any dance house, or in any concert saloon, theatre or place of entertainment where alcoholic liquors are sold or given away, or with which any place for the sale of alcoholic liquors is directly or indirectly connected by any passageway or entrance. No child under 14 shall be employed in any newspaper plant, printery, factory, workshop, mill, commercial laundry or place where manufacture of goods of any kind is carried on, or in any mine, quarry, or mercantile establishment. Minors under 16 may be excluded from employment until they produce certificates of physical fitness. No minor under 16 shall be permitted to work in occupational prohibited under 14 more than 8 hours a day, or 48 hours a week or before 7 a. m. or after 7 p. m. No minor under 16 shall be permitted to clean machinery in motion. Seats must be provided for female employers in all manufacturing, mechanical or mercantile establishments, and their use must be permitted. No child under 14 shall be employed or permitted to work in a mercantile establishment during any of the hours that the public schools are in session. No child under 16 shall be employed in connection with any mercantile establishment more than 8 hours a day or 48 hours a week or between 7 p. m. and 7 a. m. Children under 16, or apparently under 16, must obtain permits from the supervisor of school exemption certificates before going to work, and employers must keep a register of all such children in their employment in mercantile establishments. No person under 21 in cities of the first class, and no person under 18 in other municipalities shall work as a messenger for any telegraph, telephone, or messenger corporation in transmitting or delivering messages or merchandise or in the performance of any other service between 10 p. m. and 5 a. m. No female shall be employed or permitted to work in any manufacturing or mercantile establishment, bakery, laundry or restaurant more than 10 hours a day or more than 6 days or 60 hours in any one week; provided that this shall not apply to any mercantile establishment for the six working days before December 25; and provided that nothing herein contained shall apply to canneries engaged in packing perishable fruits and vegetables. Children between 7 to 16 must attend regularly a day school or receive equivalent instruction elsewhere; unless such child is over 14 and has received an age and schooling certificate, and is regularly employed in some lawful occupation. Such regular attendance must be during all the days and hour that the public schools are in session. Age and schooling certificates are granted by the school authorities and must contain proof of age, of physical fitness and a school record showing that the child has regularly attended school (or received equivalent instruction) for not less than 130 days in the preceding year, and that he can read and write simple sentences in English and has completed the studies of the fifth grade.
NEW MEXICONew Mexico has done less than any other state in protecting working women and children; although in 1910, according to the United States Census, there were three states-Nevada, Arizona and Wyoming which had fewer women children working in industry than there were then in New Mexico. The only laws on the state book of New Mexico concerning working women and children are the following: No children under the age of 14 shall be employed in mines. Children between 7 and 14 who do not attend some private or denominational school which is equal in its teaching to the public school must attend public school during the entire time such school is in session. This section does not apply to children of such physical disability as to unfit them for school duties or to children who live more than three miles from a public school. It shall be unlawful for the owner of any saloon to permit any woman to sell drinks, to recite, dance, play on any musical instrument, to give any theatrical exhibition, or to drink or loiter in any saloon or apartment thereof. Nor is any minor under 21 permitted to loiter upon or frequent such premises.
NEW YORKThe complaint in New York has been rather of inefficient and lax administration of labor laws for women and children rather than of the laws themselves. The almost successful attempt in 1915 to lengthen the working day in the canneries to 12 hours-72 a week-shows the strength of the forces which are against strict enforcement of really protective laws. The principal provisions of the code are as follows: Every child between 7 and 14 in proper mental and physical condition to attend school shall attend school the entire time the school is in session, which shall not be less than 100 days of actual school. Every child between 14 and 16 not regularly employed in lawful occupational shall attend school during the entire time the school is in session. Every boy between 14 and 16 who is in possession of an employment certificate duly issued, who has not completed the course of study necessary for graduation from the elementary public shall attend public evening school or some equivalent school for not less than six hours a week for a period of not less than 16 weeks. No child under 14 shall be employed in any business or service whatever for any part of the term during which the public schools are in session. No child between 14 and 16 shall be employed in any factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house, or in the distribution or transmission of messages or merchandise, unless such child present an employment certificate issued by the school authorities. Such employment certificate shall contain a statement certifying that the child has regularly attended school in the year previous for not less than 130 days, and that he is able to read and write simple sentences in English, and has completed the work prescribed for the first six years in the elementary school. Such record shall also give the date of birth of the child and state that child is physically fit. No child under the age of 14 shall be employed or permitted to work in, or in connection with any factory. No child between 14 and 16 shall be so employed unless his employment certificate be filed in the office of his employer. Provided that nothing herein contained shall prevent a person engaged in farming from permitting his children to do farm work for him on his farm. Boys over 12 may be employed in gathering produce for not more than 6 hours a day, subject to the requirements of the compulsory education law. Employment certificates for children shall be issued by the commissioner of health or the executive officer of the board of health of the town or village in which the child resides, and shall include the school record of the child, showing that such child is a graduate of a public school or equivalent school having a course of not less than eight years, and documentary evidence of the age of the child. No child under 16 shall be employed or permitted to work in any factory between 5 p.m. and 8 a.m. for more than 8 hours a day or more than six days a week. No mae minor 16-18 shall be employed in any factory more than 9 hours a day, 6 days, or 54 hours a week, or between 12 p.m. and 4 a.m. No female minor under 21 and no woman shall be employed in any factory more than six days or 54 hours a week, nor for more than 9 hours a day. No female minor under 21 between 9 p.m. and 6. a.m. Where a female or male minor is employed in two or more factories or mercantile establishments in the same day or week, the total time of employment must not exceed that allowed in one single factory. Provided, a female sixteen years and upwards may be employed more than 9 hours a day (a) regularly on not more than five days a week to make a short day or holiday on one of the six working days of the week; (b) irregularly on not more than three days a week. But no such person shall work more than 10 hours a day nor more than 54 hours a week. The provisions relating to maximum hours shall not apply to male minors over 16 engaged in canning or preserving perishable products between June 15 and October 15. Females 18 years and upwards may be employed in canning between June 15 and October 15 not more than 6 days or 60 hours a week, nor more than 10 hours a day, and the industrial board may extend this time to 12 hours a day and 66 a week if required by the needs of the industry and possible without serious injury to the health of the women so employed. No child under 16 shall be employed or permitted to work on dangerous machinery, or in oiling or cleaning machinery, or among dangerous acids or chemicals, or explosives, or in any distillery, brewery or any establishment where alcoholic liquors are manufactured or packed. No female under 16 shall be employed in any capacity requiring constant standing. No child under 16 shall operate an elevator. No person under 18 shall operate and elevator running at a speed of over 200 ft. a minute. No male person under 18 or female under 21 shall be permitted to clean machinery in motion. The industrial board may declare any particular trade or process dangerous or injurious to the health of minors under 18, and may adopt rules prohibiting or regulating the employment of such minors therein. No female shall be employed at or in connection with the making of cores in any foundry where the oven is located in the same room where the cores are made. The industrial board shall adopt rules regulating the construction, equipment, maintenance and operation of core rooms, and the size an weight of cores that may be handled by women. No female shall be employed in any factory, mercantile establishment or workshop within four weeks after she has given birth to a child. No woman shall be permitted to work in any factory between 10 p. m. and 6 a. m. No child under 16 and no female shall be employed in any mine or quarry. No child under 16 shall be employed in any mercantile establishment, business office, telegraph office, restaurant, hotel, apartment house or place of amusement, bowling alley, barber shop, shoe polishing establishment, or in the distribution of messages of sale or distribution of merchandise more than 6 days, or 48 hours a week, or more than 8 hours a day, or between 6 p.m. and 8 .m. No female shall work in connection with any mercantile establishment more than 9 hours a day or 54 hours a week, unless for the purpose of making a shorter work day one day in the week or before 7 a.m. or after 10 p.m. This section does not apply to the employment of females over 16 on the days between December 18 and 25. In cities of the first or second class no person under 21 shall work as a messenger between 10 p.m. and 5 a.m. No child under 14 shall be employed on or in connection with any of the businesses mentioned in the preceding paragraph. No child under 16 shall so work unless such child first present an employment certificate. Seats must be provided for female employees in mercantile establishments, and seats with backs when practicable in factories and restaurants, and the use thereof permitted to such extent as may be necessary for the preservation of their health. Women and children shall not work in basements of mercantile establishments unless so permitted by the Board of Health. No boy under 12 and no girl under 16 shall sell newspapers or periodicals in the public streets of cities of the first, second and third class. No male under 14 shall sell newspapers unless a permit and a badge have been issued to him by the school authorities; and no such child shall sell newspapers between 8 p. m. and 6 a. m. No girl or woman and no minor under 18 shall sell or serve any liquor for consumption on the premises. No child under 16 may be employed or exhibited as a rope or wire walker, gymnast, acrobat, or in any mendicant occupation picking rags or in peddling, singing, dancing or playing, or in any wandering occupation, or in any illegal, indecent, or immoral practice, or in any practice or place dangerous or injurious to life, limb, health or morals of the child. No messenger boy may be sent knowingly to any disorderly house, unlicensed saloon, or other unlicensed place, where malt or spirituous liquors are sold. Upon obtaining a permit and a badge, a boy over twelve may distribute newspapers but not between 8 p. m. and 6 a. m. |
NORTH CAROLINAIn spite of the fact that North Carolina had in 1910, according to the U. S. Census, over 35,000 women and children at work in the factories, it is as yet very behindhand in its protective legislation. The principal provisions of the labor code for women and children are as follows: All able-bodied men who shall live in idleness upon the wages or earnings of their mother, wife or minor child or children, except male child or children over 18, shall be deemed vagrants. No minor under 12 shall be allowed to work in any mine. No child under 12 shall be employed in any factory or manufacturing establishment, and no child between 12 and 13 shall be so employed except in an apprenticeship capacity and only then after having attended school four months in the preceding year. No person under 16 shall be employed in any mill factory between 9 p. m. and 6 a. m. No child under 13 shall be employed without a certificate from his parent or guardian setting forth his age and that he has attended school four months in the preceding year. Every child between 8 and 12 must attend the local public school continuously for four months in each year. This act shall not apply when the services of such child are necessary, on account of extreme poverty, for his own support or that support of his parents, or if the child is without the necessary clothing and books, and unable to procure them. In all stores, shops, offices and manufacturing establishments, seats must be provided for female employees and their use permitted. Not exceeding 60 hours shall constitute a week's work in all factories and manufacturing establishments. No woman and no minor shall be employed in such factories longer than 60 hours a week. No employee in any factory shall be worked longer than 11 hours a day. This provision does not apply to engineers, firemen, superintendents, or yard and office employees.
NORTH DAKOTANorth Dakota enacted a child labor law in 1911. Previous to that time there was little legal protection for women and children beyond the constitutional provision that "the labor of children under 12 shall be prohibited in mines, factories and workshop." The chief provisions of the labor code as it applies to women and children are as follows: All children between 8 and 15, who reside in cities or school districts, must attend school during the entire time the public schools are in session, unless a child is actually necessary to the support of the family. No child under 14 shall be employed in or in connection with any mine, factory, workshop, mercantile establishment, store, business or telegraph office, restaurant, hotel, apartment house,or in the distribution of merchandise or messages. No child under 14 may be employed in any service whatever during the hours that the public schools are in session. No child between 14 and 16 may be employed in any such establishment unless he has an employment certificate which must be kept on file by his employer. The certificate, which must be issued by the school authorities, shall attest the age of the child and his school record, certifying that the child can read and write legibly simple sentences in English, and that he has regularly attended school for not less than 120 days in the year previous. No child under 16 shall be employed gainfully more than 48 hours a week, or 8 hours a day, or between 7 p. m. and 7 a. m. No child under 16 shall be permitted to clean or oil machinery, or to work at any dangerous machinery; nor among dangerous acids or chemicals; nor to operate any elevator; nor as pin boys in bowling alleys; nor in the manufacture of goods for immoral purposes; nor in any other employment dangerous to life or limb, health or morals; nor in any theatre or place of amusement where intoxicating liquors are sold; nor shall any females under 16 be employed in any capacity requiring constant standing. Every employer who, having control of any manufactory or workshop or place used for mechanical or manufacturing purposes, shall compel any woman or any child under 18, or shall permit any child under 14 to labor more than 10 hours in any day shall be guilty of a misdemeanor.
OHIOOhio amended its child labor law in 1914 but the changes made were inconsiderable. As the laws affecting women and children now stand, the principal provisions are as follows: Every boy between the age of 8 and 15 and every girl between 8 and 16 must attend a public, private or parochial school for the full time such school is in session, which shall not be less than 28 weeks. All children between 15 and 16 not engaged in some regular employment shall attend school for the full term. No boy under 16 or girl under 18 shall be employed unless he or she first presents an age and schooling certificate. The certificate shall be issued by the school authorities on proof that such child, if male, is over 15, or if a female, over 16; the certificate shall contain the school record of such child and shall show that he has completed the sixth grade if a male, and the seventh grade if a female; and that such child is physically and mentally fit for the employment to be entered on. In case of children from other states, tests may be given by juvenile examiners in place of school records. Special vacation certificates may be issued to boys under 16, and girls under 18, entitling the holders to be employed during vacation, even though they may not have completed the requisite school grades. All minors over 15 and under 16 who have not passed a satisfactory sixth grade test must attend school. Wherever continuation or evening schools have been established, all youths over 15 and under 16 who are in regular employment, who have not attained the eighth grade, shall attend such school for not more than 8 hours a week between 8 a. m. and 5 p. m. When a child is unable to attend school because absolutely required to work at home or elsewhere for his own support or the support of those legally entitled to his services, the truant officer shall furnish text-books and such other relief as may be necessary to enable the child to attend school. No child under 14 may be used or exhibited for the purpose of singing or playing on any musical instrument, or rope or wire walking, dancing, taking part in any performance in any theater or place of amusement, begging or peddling, or as a gymnast, acrobat, rider or contortionist, or any obscene, indecent or immoral practice, or in any vocation injurious to the health or dangerous to the life or limb of such child. Whoever willfully permits the life or limb of a child under sixteen to be endangered, its health to be injured or its morals to become depraved, while actually in his employ, or permits such child to be placed in a position where such injury is likely, shall be fined not less than $10 nor more than $50 or imprisoned not less than 30 days nor more than 90 days. It is forbidden to retain or withhold wages due to a minor for work performed because of presumed negligence or failure to comply with rules, breakage of machinery, or alleged incompetence to reach any standard of merit. No male child under 15, nor female child under 16 shall be employed in any mill, factory, workshop, mechanical or mercantile establishment, tenement house, manufactory, store, office, restaurant, boarding house, bakery, barber shop, hotel, bootblack stand, public stable, garage, laundry, place of amusement, club, or as a driver, or in any brick or lumber yard, or in the construction or repair of buildings, or in the distribution, transmission or sale of merchandise, nor any boy under 15 or female under 21 in the transmission of messages. No child under 15 shall be employed in any business whatever during any of the hours that the public schools are in session. No boy under 16 and no girl under 18 shall be employed in any of the above business places for more than six days a week, or 48 hours a week, or 8 hours a day, or between 6 p. m. and 7 a. m. No boy under 18 or girl under 21 shall be employed, as above, more than 6 days a week or 54 hours a week or 10 hours a day or between 10 p. m. and 6 a. m. No boy under 18 shall work as a messenger for any telephone or telegraph company between 9 p. m. and 6 a. m. No child under 16 shall be employed or permitted to work at dangerous machinery, or in proximity to unguarded belts or gearing, or in any railroad or vessel, or in connection with dangerous acids, or in the manufacture of paints, dyes or gases, nor on scaffolding or in the building trades, nor in any tunnel or excavation, nor in any mine, coal breaker, coke oven or quarry, nor in sorting or manufacturing tobacco, nor in bowling alley, pool or billiard room, nor in any other occupation dangerous to life or limb, or injurious to health or morals of such child. Power is given to the Board of Health to determine whether any trade or process is sufficiently dangerous to children to be prohibited to them. No female under 21 shall work at any employment which compels her to remain constantly standing. No child under 18 shall be employed in or about any blast furnace, dock or wharf; in the erection or repair of electric wires; in running an elevator; in oiling or cleaning machinery in motion; about emery wheels and the like; in railroading, or upon vessels; among high explosives, or in the manufacture of white or yellow phosphorus matches; or in any distillery or brewery; or any establishment where alcoholic liquors are manufactured, wrapped or bottled; or in any hotel, theater or place of amusement where intoxicating liquors are sold. The Board of Health is also given power to add to the list of employments prohibited on account of their dangerous character to children under 18. No person under 21 shall be employed in any saloon or bar-room where intoxicating liquors are sold, nor to handle intoxicating liquors in any way. No female under 21 shall be employed in or about any mine, quarry, or coal breaker, except in the office thereof, or in oiling or cleaning machinery in motion. No female shall be employed in operating or using any dangerous wheels or belts. Seats must be provided in all factories, workshops, business offices, telephone and telegraph offices, restaurants, bakeries, millinery or dressmaking establishments, mercantile or other establishments, for females employed therein, one for each female, and the use thereof shall be permitted. Females over 18 shall not be employed or permitted to work in any of the above establishments more than 10 hours a day or 54 a week. Provided that no restriction on the hours of labor shall apply to canneries or establishments engaged in preparing for use perishable goods.
OKLAHOMAThe chief provisions of the laws of Oklahoma relating to women and children are as follows: Boys under 16 and women and girls shall not be employed underground in the operation of mines or quarries. No child under 14 shall be employed in any factory, workshop, theatre, bowling alley, pool hall, or steam laundry, and no child under 15 shall be employed in any occupation injurious to health or morals or especially hazardous to life or limb. The Commissioner of Labor shall determine what occupations are thus injurious or dangerous, and shall notify employers. No child under 16 shall be employed in oiling, operating or cleaning any dangerous machinery, or among dangerous acids, dyes, gases or colors, or in dipping or packing matches, or among high explosives or in the manufacture of goods for immoral purposes, nor shall females under 16 be employed in any occupation requiring constant standing. No girl under 16 shall sell newspapers or periodicals in the streets or in any public place. No child under 16 shall be employed in any gainful occupation except agriculture and domestic service, more than 8 hours per day or 48 hours per week. No boy under 16 and no girl under 18 shall be employed in any of the occupations above specified between 6 p. m. and 7 a. m. No child under 16 shall be employed in any of the occupations specified unless such child can read and write simple sentences in English, or shall have attended some school during the preceding year for the time that attendance is compulsory. Before going to work every child under 16 must obtain a certificate of age and schooling which must be filed by the employer. The certificate shall be approved by the school authorities, and shall contain evidence of age and physical fitness, and shall testify that the child can read and write and that he has attended school the whole of the previous school year. Seats must be provided in all manufacturing, mechanical and mercantile establishments, hotels, restaurants, theaters, telegraph and telephone offices or other places where women and girls are employed as clerks, and their use permitted.
OREGONAn industrial Commission was created by an act of the Oregon Legislature in 1913. This Commission was given power to regulate hours of work and working conditions as well as to fix minimum rates of wages. The rulings of the Commission have the force of law, and the laws on the statute book represent only a minimum degree of protection below which the Commission can not descend. On April 19, 1917, the Supreme Court of the United States decided that the law under which this commission was created was constitutional. The provisions of the law as they stand on the statute books are as follows: No child under 14 shall be employed in any factory, workshop, mercantile establishment, store, business office, restaurant, bakery, hotel or apartment house. No child under 16 shall be employed in the telegraph, telephone or messenger service. No child under 14 shall be employed in any work of any form for wages or other compensation during the term when the public schools are in session. Attendance at school during the whole of the school term is compulsory on all children between 9 and 15, unless such child has completed the eighth grade. No child under 16 shall be employed between 6 p. m. and 7 a. m., nor for more than 10 hours a day nor more than 6 days a week. No child under 16 may be employed in any of the above mentioned occupations unless he first obtain a certificate issued by the school authorities and approved by the board of inspection of child labor. The certificate must duly attest the age of the child, his physical fitness, and that he can read and write simple sentences in English and has attended school in the year previous for not less than 160 days. Children between 12 and 14 may obtain certificates for employment in any suitable work during school vacations at the discretion of the child labor inspection board. No female shall be employed in any manufacturing, mechanical or mercantile establishment, laundry, hotel or restaurant, or telegraph or telephone offices, or by any express or transportation company more than 10 hours a day or 60 hours a week. Seats for female employees must be provided in all such places of business and their ue permitted. No child under 18 shall have charge of any elevator.
Rulings of the Industrial CommissionMaximum hours for girls under 18: 8 hours 20 minutes a day; 50 hours a week in manufacturing or mercantile establishment, millinery, dressmaking, or hairdressing, shop, laundry, hotel, restaurant, telephone or telegraph establishment. Such girls not to be employed after 6 p.m. Females in mercantile establishments (Portland) 8 hours 20 minutes per day, 50 hours a week; no work after 6 p.m. of any day. Females in manufacturing establishments (Portland) 9 hours a day, 56 hours a week. Office work (Portland) 51 hours a week. No women to b e employed in any industry in the State more than 54 hours a week. Women not to be employed after 8.30 p.m. in any mercantile, manufacturing or laundry establishment.
PENNSYLVANIAThe principal provision of the labor laws or Pennsylvania which relate to women and children are as follows: No child under 14 shall be employed in any establishment. No minor under 16 shall be permitted to clean or oil machinery in motion, or to operate any elevator. No child between 14 and 16 may be employed in any establishment without first obtaining a certificate from the school authorities. Such certificate must contain evidence of age and physical fitness and a statement from the principal of the last school attended by the child that he has completed the course of study for the first six years in the common schools, or an equivalent course. No minor child under 18 shall be employed in singing, and playing or begging on the public highways. No child under 15 shall be permitted to sing, dance or exhibit in any dance house, or in any concert saloon, theatre or place of entertainment where intoxicating liquors are sold or given away. No child under 15 shall be employed or exhibited in the occupation of rope or wire walking, or as a gymnast or rider, or for ay obscene, indecent or illegal exhibition or vocation or any vocation injurious to the health or dangerous to life or limb of such child, or for the purposed of prostitution, nor shall any minor child be retained or employed in or about an assignation house or brothel. Any person, firm or corporation having authority over a minor who permit such minor they be sent to any house of prostitution or assignation or other immoral place of resort or amusement shall be guilty of a misdemeanor. No boy under 16 and no woman or girl shall be employed in any mine; ,or hall any boy under 14 or woman or girl of any age be employed about the outside structures or workings of any colliery. Provided that this prohibition shall not affect the employment of a boy or female of suitable age in an office in the performance of clerical work at a colliery. Male minors over 18 may be employed in any kind of legal employment, but no minor under 18 shall be employed in the operation of hoisting machines or about blast furnaces, docks, wharves, quarries, in the outside erection or repair of electric wires, in running elevators, in oiling or cleaning machinery in motion at switch-tending or track repairing, on railroads, or on boats and vessels engaged in the transportation of passengers or merchandise, or among high explosives. Minors over 16 may be employed in the manufacture or preparation of white or red lead, paint, phosphorus or phosphorus matches, poisonous acids, or for the stripping or manufacture of tobacco. Provided that where it is proved to the satisfaction of the chief factory inspector that the danger or menace to the health or safety of such minors has been removed, minors, between 14 and 16 who can read and write English intelligently and are physically qualified, may be therein employed. Minors over 14 who can read and write English and are physically fit may be employed in mercantile establishments, stores, telegraph or telephone or other business offices, hotels, restaurants, or in any factory, workshop, rolling mill, or other establishment having proper sanitation and ventilation in which power machinery is not used, or, if used, carefully safeguard. It shall be unlawful for any person to employ a child between 14 and 16, unless such child attend school for not less than 8 hours a week, during the period of such employment, provided that a suitable school shall be within reasonable access to said place of employment. The school hours shall not be on Saturday, nor before 8 a.m. nor after 5 p.m. No minor under 16 shall be permitted to work in or about any establishment or in any occupation for more than 51 hours a week, or more than 9 hours in any one day, or between 8 p.m. and 6 a.m. Hours spent in school shall be considered part of the working day or working week. No minor under 16 shall be permitted to operate or assist in operating dangerous machinery, or be employed in proximity to dangerous machinery in motion, nor in heavy work in building trades, nor in work on tobacco, nor in pool or billiard rooms nor bowling alleys, nor among dangerous dyes, colors, or chemicals or acids, nor or railroads, boats or motor vehicles, nor in coal mines or blast furnaces nor anywhere where alcoholic liquors are manufactured, bottled or sold. In addition to a long list of specified dangerous employments the Industrial Board of the Department of Labor and Industry is also given power to declare occupation dangerous to life or limb or injurious to health or morals, when such occupations shall be forbidden to minors under 18. No minor shall be permitted to work in any saloon or bar-room where alcoholic liquors are sold. No male minor under 12 and no female minor shall distribute, sell or offer for sale any newspapers, periodicals or articles of merchandise in any street or public place. No boy under 14 and no girl under 21 shall be permitted to work as a scavenger, bootblack, or in any other street trade. No boy under 16 shall engage in any of these occupations between 6 p. m. and 6 a. m. Where the usual process of manufacture or the nature of the business necessitates a continuous day and night employment, male minors, not under 14, may be employed day or night, or part day and part night, but said employment shall not exceed 9 hours in the 24 for minors under 16. Attendance at school is compulsory for all children between 8 and 14 during the whole term that the public schools are in session. Children between 14 and 16 must attend school unless they have employment certificates and are legally employed. No female shall be employed in any establishment for more than 6 days a week or 54 hours a week or ten hours a day. Provided that during weeks in which a legal holiday occurs a female may be employed longer than 10 hours on three days of the week, but not more than two hours of overtime and not more than the maximum number of hours a week. Not more than two hours of overtime may be worked if necessary to make up for time lost in repairs or accidents to machinery. The restrictions as to hours shall not apply to females engaged in the canning of fruit or vegetables. No female shall be employed in any manufacturing establishment between 10 p. m. and 6 a. m. (This does not apply to clerical work.) No female under 21 shall be employed in any establishment between 9 p. m. and 6 a. m. (This does not apply to telephone operators over 18.)
RHODE ISLANDRhode Island raised the age of child workers in 1913. Before that date the Rhode Island cotton mills had an unfair advantage as regards the employment of children over the mills of Massachussetts. The chief provisions of the Rhode Island labor code for women and children are as follows: All children between 7 and 15 who have not completed the studies taught in the first eight years of public school (exclusive of kindergarten) must attend school during the whole time that the public schools are in session; unless such child shall have completed 14 years and shall be lawfully employed. No child under 14 shall be employed in any factory, manufacturing or business establishment, and no child under 16 shall be so employed between 8 p. m. and 6 a. m. No child under 16 shall be so employed unless such child shall first present an age and employment certificate given by the school authorities. Such certificate shall state the age of the child, certifying that the child has completed 14 year of age, and that he can read at sight and write legibly sentences in English , and that he is in sufficiently sound health, and physically able for legal employment. Provided that these provisions shall not apply to children engaged in household service or agricultural pursuits. No minor under 16 shall be allowed to clean machinery in motion, unless the same is necessary and is approved by the inspectors as not dangerous. In every manufacturing, mechanical, or mercantile establishment in which women and girls are employed, there shall be provided seats for such women and girls, and they shall be permitted to use them when their duties do not require standing. No person under 21 shall be permitted to work as a messenger for a telegraph, telephone, or messenger company, in the distribution or delivery of messages or goods, between 10 p.m. and 5 a.m. No minor or woman shall be permitted to sell or serve intoxicating liquors except in licensed taverns or licensed victualing houses. No person under 18 shall operate any passenger elevator. No child under 16 shall be exhibited or employed as a rope or wire walker, gymnast, acrobat or rider, or in any dancing or theatrical exhibition except with written consent of the mayor; or for picking rags or collecting cigar stumps or bones, or refuse from markets; or in any mendicant occupation, or in peddling in places injurious to the morals of the child, or in any illegal, obscene, indecent or immoral practice, or for any business injurious to the health or morals, or dangerous to life or limb, of such child. No minor under 16 and no woman shall be employed in any factory, manufacturing, mechanical, business or mercantile establishment more than 54 hours in any one week, and in no case shall the hours exceed ten a day. No boy under 12, and no girl under 16, shall, in any city of over 70,000 population, sell any newspaper, magazine, periodical or other article, or exercise the trade of bootblack scavenger. Boys under 16 must have permits and badges before engaging in street trading.
SOUTH CAROLINASouth Carolina, like most of the Southern States, is backward in regard to legislation for the protection of working women and children. The chief provisions in its code are as follows: It shall be the duty of each employer to place in conspicuous places in each room of the factory in which any children under 14 are employed, notices to the effect that said children are forbidden to clean any gears, cams or pulleys, or to clean in dangerous proximity thereto while the same are in motion by aid of steam, water electricity or other mechanical power; and no such employer or his agents shall knowingly permit such children so to clean the said moving parts. Every person or corporation employing children shall procure from the parent or guardian a signed statement in which shall be recorded the name, birthplace, age and residence of every such child under 14. The hours of labor in all textile factories shall be ten hours a day, or 60 a week; provided that the hours of a single day shall not exceed 11, except for the purpose of making up lost time; provided that this shall not apply to mechanics, engineers, watchmen, teamsters, yard employees or clerical force. No child under 14 shall be employed in any factory, mine, or textile establishment. No child under 16 shall be employed in any factory or mine between 8 p. m. and 6 a. m. Provided that children under 16, legally employed, may work after 8 p. m., but not later than 9 p. m., to make up lost time caused by breakdown of machinery. Seats must be provided to the number of one seat for each three females, in any mercantile establishment where females are employed, and their use must be permitted to such an extent as may be requisite for the preservation of the health of such females. The hours of labor of women in mercantile establishments shall be limited to 60 a week-not to exceed 12 a day, and such females shall not be required to work later than 10 p. m. In cities of 5,000 or over no child under 14 shall work as a messenger for any telegraph, telephone or messenger company in the distribution or delivery of goods or messages; nor shall any child under 18 be so employed between 10 p. m. and 5 a. m. Every parent or guardian having charge of a child between 8 and 14 years of age, shall cause such child to attend public school for the entire school term, unless such child is receiving equivalent instruction elsewhere. In agricultural districts, children must attend school continuously for four months of each year, unless the school term in the public school in such district is shorter than four months, in which case the child must attend during the whole of the school term. Provided that a child shall not be required to attend school if there is no school within 2 miles of his home; nor when his services are necessary on account of poverty for his own support or the support of a parent; nor when such child is without the necessary books and clothes and his parents are too poor to procure them for him. Children between 14 and 16, if unable to read and write simple sentences in English, shall attend school as though they were under 14.
SOUTH DAKOTASouth Dakota has a yet passed little legislation for the protection of working women and children. The principal clauses of its code are as follows: No child under 14 shall be employed in any mine. No person under 21 shall be employed as a bartender or in any other capacity in connection with the place or room where intoxicating liquors are sold. No child under 15 shall work at any gainful occupation in any mine, hotel, laundry, manufacturing establishment, factory, elevator, bowling alley or in any place where intoxicating liquors are sold, or a messenger or driver, or in any other work for wages or other compensation, during any portion of any month during the hours when the public schools are in session. Unless a shorter time be agreed upon, the standard day's work for women, girls and children shall not exceed 10 hours a day, and no woman or child under 14 shall b compelled to work more than 10 hours a day. This section does not apply to domestic service or to the care of live stock. No child under 14 shall be employed at any time in any factory or workshop or about any mine; nor in any mercantile establishment except during the vacation of the public schools. No child under 16 shall be employed in any occupation dangerous to life, health or morals, nor shall he or she be employed for more than 10 hours a day or 60 hours a week, except that on Saturday and for 10 days prior to Christmas, such child may be employed till 10 p. m. No child under 14 shall be employed in any factory, workshop, mine or mercantile establishment unless he first present a certificate from the school authorities, stating name, date and place of birth, that he can read and write simple sentences in English, or is a regular attendant at some school or has attended school during the last twelve months, or been lawfully excused therefrom. Whenever it appears that the labor of a child who would otherwise be barred from employment is necessary for his support or that of his family, a permit may be issued for his employment during certain hours to be fixed therein. Every child between 8 and 16 shall regularly attend school until he has completed the studies of the sixth grade. When he has completed the sixth grade he may be required to attend school each year for 16 weeks until he has completed the studies of the eighth grade, or attained the age of 16.
TENNESSEEThe principle provisions in the labor code of Tennessee which affect working women and children are as follows: A seat must be provided for each female employee in any factory, mercantile establishment, mill or workshop in which females are employed, and the use of such seats must be permitted at all times when such use does not actually and necessarily interfere with the discharge of the duties of such employee. No child under 14 shall be employed in or in connection with any mill, factory, workshop, laundry, telegraph or telephone office, or in the distribution of merchandise or messages. No child under 16 shall be so employed between 6 p. m. and 6 a. m. No child under 14 shall be employed in any business or service whatever which interferes with the child's attendance at school during any of the term the public schools are in session. Children under 16 are forbidden to repair machine belts while in motion; to adjust any belt to any machinery; to oil or clean machinery; to operate dangerous machines; to dip or pack matches; or in mines or quarries. No child under 18 shall be employed as a messenger for a telegraph or messenger company between 10 p. m. and 5 a. m. Every child between 8 and 14 shall attend school for 80 days, or when the school term is less than 80 days, for the full term, in each year, or for the entire school year in cities of 5,000 or over. Every child between 14 and 16 who is not lawfully employed shall attend school as provided for children under 14. It is unlawful to employ any female or any child under 16 in workshop or factories for more than 58 hours a week or more than 10 hours a day. Provided that 10 hours will be permitted only for the purpose of making one short day in the week. Canneries are exempt form ail provisions except the 14-year limit during school hours and the 16-year limit for dangerous occupations.
TEXASTexas has not yet covered the field of labor legislation for the protection of woman and child labor, but in recent laws a good beginning has been made in regard to such protection. The principal provisions of the code are as follows: No minor shall be employed about the place of business of any retail liquor dealer; nor shall any female, other than a member of his own family, be employed as a servant, bar-tender, or waitress in any such business. All persons who are able to work and do not work, but hire out their minor children and live upon their wages, being without other means of support, shall be punished as vagrants. No child under 15 shall be permitted to labor in or about any manufacturing or other establishment using dangerous machinery; or about the machinery in any mill or factory; or in any distillery or brewery; or in the manufacture of goods for immoral purposes; or where the health of such child may be impaired or his morals debased; nor may such child be sent to any disorderly hour or assignation house. No child under 17 shall be employed in or about any quarry or mine. All children between 8 and 14 must attend public school for at least 60 days in the school year 1916-17; 80 days in the year 1917-18, and in 1918-19 and thereafter for at least 100 days. The following classes of children are exempt from this requirement:-children in private schools or under proper instruction; children physically or mentally unfit; children living more than 2 miles form the nearest school; children who have completed the 4th grade whose services are needed for the support of a parent. No female shall be employed in any factory, mine, mill, workshop, mechanical or merchantile establishment, laundry, hotel, restaurant or rooming house, theatre or moving picture show, barber shop, telegraph or telephone office, express or transportation company, or any State institution, or any other establishment in which females are employed, for more than 9 hours a day or 54 hours a week. Provided that in case of extraordinay emergencies, or where it becomes necessary for the protection of life or property, longer hours may be worked, but for such hours not less than double time shall be paid to such female with the concent of said female. Provided this act shall not apply to stenographers or pharmacists. No female shall be employed in any laundry for more than 54 hours a week nor for more than 11 hours in any one day. Provided that if any female is employed for more than 9 hours in any one day she shall receive pay at the rate of double her regular pay for the overtime. No female shall be employed in any textile factory for more than 10 hours a day or 60 hours a week. Provided that if any female is employed for more than 9 hours she shall receive double pay for the overtime. Seats must be provided for all female employees in all manufacturing, mechanical and mercantile establishment, workshops, laundries, printing offices, dress-making or millinery establishments, hotels, restaurants, theatres, telegraph and telephone offices and all other establishments employing women and the use of these seats must be permitted to such employees when not engaged actively in the performance of their duties.
UTAHThe influence of the women voters is plainly visible in the code for the protection of women and children of Utah. The principal provisions of the code are as follows: No child under 14 and no female shall be permitted to work in any mine or smelter. Seats must be provided for women or girls employed in any store, shop, hotel, restaurant, or other place where women or girls are employed, and the use of such seats must be permitted. The earnings of any minor child of a debtor, and the proceeds thereof are exempt from execution for any debt not contracted for the benefit of such child. No person under 21 and no female shall be employed to serve intoxicating liquor to be drunk on the premises. No person under 21 shall be employed in handling intoxicating liquor in a brewery or bottling establishment. No female shall be employed in any manufacturing, mechanical or mercantile establishment, laundry, hotel, or restaurant, or telegraph or telephone office, hospital or office, or by any express or transportation company more than 9 hours a day or 54 a week, except in cases of emergency in a hospital, or cases of emergency where life or property is in imminent danger, or where materials are likely to spoil by the enforcement of this act. No child under 14 shall be employed in connection with dangerous acids; in the manufacture of paints, nor among high explosives, nor in the manufacture of goods for immoral purposes; nor in any quarry or mine, coal breaker, laundry, tobacco warehouse or cigar factory, distillery, brewery or other place where alcoholic liquors are manufactured, packed or bottled, theatre, concert hall or saloon; nor in operating automobiles, or elevators, nor in bowling alleys, nor in any other employment declared by the State Board of Health to be dangerous to life or limb or injurious to the health or morals of such children. Children must obtain employment certificates before going to work. Such certificates are issued by the school authorities after personally examining the child, and must contain the statement that the child has attended school for not less than 100 days in the year previous to arriving at the age of 14, or the year before applying for such certificate, and that he is able to read and write simple sentences in English. No female under 21 shall be employed in any restaurant, resort or place of amusement where alcoholic liquors are manufactured or dispensed. In cities of the first or second class no person under 21 shall be employed as a messenger for a telegraph or messenger company, in the distribution of messages or merchandise, between 9 p. m. and 5 a. m., and no person under 21 shall be permitted to deliver messages or goods to or required to visit in the course of any employment any house of ill repute, or saloon or gambling house, or other place of objectionable character disapproved of by the juvenile court. No boy under 14 and no girl under 16 shall be employed more than 54 hours a week at any occupation other than domestic service, fruit or vegetable packing or farm work. No boy under 12, and no girl under 16, shall in any city of the first or second class sell newspapers, periodicals or other merchandise on any street or public place. No child shall work as a bootblack unless he is over 12. Boys under 16 must obtain permits and badges from the school authorities before engaging in street trades. No child under 16 shall work in such trades after 9 p. m. Utah has also a minimum wage law for women. School attendance is required between 8 and 16 unless the course has been completed or the services of the child are necessary for support-30 weeks minimum in cities of first and second class; elsewhere 20 weeks.
VERMONTThe chief provisions of the laws of Vermont for the protection of working women and children are as follows: No child under 16 who has not completed the course of study of the elementary schools shall be employed in work connected with railroading, mining, manufacturing, or quarrying; or in a hotel or bowling alley; or in delivering messages, except during vacations and before and after school. No child shall be so employed unless he presents a certificate showing that he is eligible to employment. No child under 16 shall be employed for more than 9 hours a day or fifty hours a week, or between 8 p. m. and 7 a. m., in any of the occupations enumerated. No child under 14 shall be employed in or in connection with any mill, factory, quarry or workshop wherein are employed more than 10 persons. No person under 21, and no female shall be employed in a bar-room. No child under 16 shall be employed about any dangerous machinery, or in oiling or cleaning machinery; or in connection with dangerous or poisonous acids, paints, colors, or white lead; or in cigar factories or other factory where tobacco is manufactured or prepared. Females under 18 shall be employed in any capacity requiring constant standing. Seats must be provided in mercantile establishments, stores, shops, hotels and restaurants where women or girls are employed, and the use of these seats must be permitted. No child under 18 and no woman shall be employed in any manufacturing or mechanical establishment more than 11 hours a day or 58 hours a week. No woman shall knowingly be employed in any manufacturing or mechanical establishment within two weeks before or four weeks after childbirth. Children between 8 and 16 must attend school for at least 170 days in each year unless such child completed 8 grades, or is 15 years of age and has completed 6 grades.
VIRGINIAVirginia amended its child labor laws in 1914. The chief provisions of the laws affecting working women and children are as follows: All persons who are able to work, and who do not work, but hire out their minor children and live upon wages shall be deemed vagrants. Seats shall be maintained in mercantile establishments for the use of female employees therein, and the use of these seats shall be permitted to such extent as may be necessary for the preservation of their health. No female and no child under 14 shall work as an operative in any factory, laundry, mercantile, or in any manufacturing establishment more than 10 hours a day. Provided that nothing in this act shall be construed to apply to females whose whole time is employed as bookkeepers, cashiers, stenographers, or office assistants; nor to canning factories and fish packing establishment located in the country sections; nor to mercantile establishments in towns of less than 2,000 inhabitants, nor to country stores. No child under 14 shall be employed in rope or wire walking, begging or peddling; or as a gymnast or acrobat; or for any obscene, indecent or immoral purpose or practice, or in any business, exhibition or vocation injurious to the health or morals, or dangerous to life or limb. It is unlawful to have in custody any child for any of the purposes herein prohibited. No male under 21 and no female shall be employed in any capacity, in any place except in hotels, where intoxicating liquors are manufactured, bought, sold or packed, except mercantile establishment in the country. No child under 14 shall be employed in any factory, workshop, mine, mercantile establishment, laundry, bakery, brick or lumber yard; or during school hours or after 7 p.m. in the distribution, transmission or sale of merchandise. No child under 16 shall be employed in connection with any of the establishments named above for more than 6 days a week, nor more than 10 hours a day, nor between 9 p.m. and 7 a.m. No child under 16 shall be employed in any of the establishments named above, unless he presents an employment certificate, issued by a notary public on the application of the parent or guardian. This certificate must contain evidence tht the child is over 14. In cities of 5,000 or over, no child under 14 shall be employed as messenger for a telegraph, telephone or messenger company, in the distribution of goods or messages, and no child under 18 shall be so employed between 10 p. m. and 5 a. m. No boy under 10 and no girl under 16 shall sell newspapers or periodicals in the streets of any city of 5,000 or over. But nothing in this act shall prevent a parent from working his or her child in any factory, workshop, mercantile establishment, or laundry, or other place, owned or operated by said parent, nor apply to persons employed in factories engaged exclusively in packing fruits and vegetables between July 1st and November 1st of each year. Provided further that nothing contained in this act shall apply to mercantile establishments in towns of less than 2,000 or in country districts; Provided, however, that upon petition of the parent, guardian, or other person interested in such child to the circuit or corporation court, the court may, for good cause, release any child between the ages of 12 and 14 from the operation of this act.
WASHINGTONWashington has an extensive code of laws for the protection of women and children, including one creating an Industrial Commission with power to fix hours, conditions of labor and minimum wages for women and minors and one for mothers pensions. The principal provisions in the general laws are as follows: No minor actually or apparently under the age of 18 may be employed in begging, or in any mendicant occupation, or in any indecent or immoral exhibition or practice, or in any practice or exhibition dangerous or injurious to life, limb, health or morals, or as a messenger for delivering letters, telegrams, packages, or bundles at any known house of prostitution or assignation. Parents and guardians as well as employers are made liable for any breach of this act. All children between 8 and 15, and all children between 15 and 16 who are not regularly and lawfully employed must attend school during the entire time that the public schools are in session, unless the child has been excused as physically or mentally unfit, or unless he has attained a reasonable proficiency in all the branches taught in the first eight grades. No child under 15 shall be employed for any purpose during the hours that the public schools are in session, unless he present a certificate excusing him from attendance, such certificate to be issued by the school authorities. No employer shall permit any person under 16 to work in his bakeshop between 8 p.m. and 5 a.m. No female person shall be employed in any capacity in any saloon, beer hall, bar-room, theatre or place of amusement where intoxicating liquors are sold. Every avenue of employment shall be open to women, and any business, vocation, profession and calling followed by men may be followed by women, and no person shall be disqualified from engaging in any business, vocation, profession or calling or employment on account of sex. Provided that this section shall not be construed so as to permit women to hold public office. No person under 19 shall be employed as a public messenger by any person, telegraph company, telephone or messenger company in any city of the first class; nor shall any child of either sex under 14 be hired out to labor in any factory, mill, workshop, or store at any time. Provided that any superior court judge may issue a permit for the employment of a child between 12 and 14 upon evidence that the proposed occupation is not dangerous or injurious to such child, and that the labor of such child is necessary for its own support or for the assistance of its parents. Provided further that the judge of the juvenile court may issue permits for the employment of any male child over 14 as messenger by telegraph, telephone and messenger companies, subject to such limitations and conditions as may be imposed by said court. No boy under 16 and no female shall be employed in any mine, nor shall a boy under 14 be employed in the outside structures or workings of the colliery. No female shall be employed in any mechanical, or mercantile establishment, laundry, hotel or restaurant more than 8 hours a day. Provided that this shall not apply to females employed in harvesting, packing, curing, canning or drying any kind of perishable fruit or vegetable, nor to females employed in canning fish or shellfish. Every employer in establishments where females are employed shall provide suitable seats for them and permit their use. By a regulation of the Industrial Commission, night work is prohibited after 7:30 p. m. for minors under 18 in all mercantile establishments, factories, laundries, and dye-works.
WEST VIRGINIAThe principal provisions of the labor code of West Virginia, as it affects women and children are as follows: No child under 14 shall be employed in any factory, mill, workshop, or manufacturing establishment. It shall be unlawful without permission from the commissioner of labor or the country superintendent of schools to employ and child under 14 in any business or service whatever during the hours that the public schools are in session. No child under 16 shall be employed in any of the above-mentioned occupations unless such child first present a certificate, which must be kept on file by the employer. This certificate shall be issued only by the school authorities, and must contain the school record (saying that child has completed the fourth grade), the date and place of birth, or an affidavit from parent or guardian of the age of the child. No child under 15 shall be employed as a rope or wire walker, or as an acrobat or gymnast, contortionist or rider, or for any obscene, indecent or illegal exhibition, or any vocation injurious to the health or dangerous to the life or limb of such child, or for the purpose of prostitution, nor shall any child be harbored or employed in or about any assignation house or brothel, or any place where any obscene, indecent or illegal exhibition takes place. No child under 18 shall be used for any mendicant business or for playing or singing on the streets. No child under 15 shall be permitted to sing, dance or in any manner exhibit in any dance house, concert saloon, theatre or place of entertainment where intoxicating liquors are sold or given away. (In all three sections parents and guardians as well as employers are made liable for breach of this law.) No boy under 14 and no female shall be permitted to work in any coal mine. No boy under 16 shall be permitted to work in any coal mine during the time that the public schools of the district are in session.
WISCONSINWisconsin has an extensive and humane code for the protection of women and children-a code to which large additions were made by the same legislature that passed a woman suffrage amendment to be submitted to the voters. The state has an industrial commission endowed with wide powers, and has also a mothers pension law. The principal laws affecting working women and children are as follows: Every child between 7 and 14, and every child between 14 and 16 not regularly and lawfully employed at home or elsewhere, shall attend school for 20 days in each school month, during the full period and hours of calendar year during which the public schools are in session in cities of the first class, in all other cities for not less than eight months, and in towns and villages not less than six months in each year. No person under 18 shall be employed in a cigar shop or cigar factory at manufacturing cigars for longer than 8 hours a day or 48 a week. No female shall be permitted to work in any place of employment for such period or periods of time during any day, night or week, as shall be dangerous or prejudicial to the life, health or safety or such female. It shall be the duty of the Industrial Commission and it shall have power, jurisdiction and authority, to investigate and determine such reasonable classification, and to issue general or special orders fixing hours of beginning and ending work during any day, night or week which shall be necessary to protect the life, health, safety or welfare of any female. Until such time as the Industrial Commission shall issue general or special orders the following periods of time shall be deemed dangerous for prejudicial to the life or health of females: At daywork, more than 10 hours a day or 55 hours a week, 6 a. m. to 8 p. m. At nightwork, more than 8 hours a night or 48 hours a week, 8 p. m. to 6 a. m. No child between 14 and 16 shall be permitted to work in any factory, workshop, store, hotel, restaurant, bakery, mercantile establishment, laundry, telegraph, telephone or public messenger service, or in the delivery of merchandise, or at any gainful occupation, unless he first obtain a written permit from the judge of the juvenile court or county court authorizing his employment. No employer shall permit a minor or a female to work in any place of employment or at any employment dangerous or prejudicial to the life, health, safety, or welfare of such female or minor. It shall be the duty of the Industrial Commission to determine and prohibit such employment. The schedule of employments forbidden by statue to minors includes 40 clauses. By it minors under 21 are forbidden to act as messengers between 8 p. m. and 6 a. m. Minors under 18 are forbidden to work in blast furnaces, on docks, among mineral dust, on electric wires, running elevators, dipping or packing matches, in or about mines or quarries, oiling or cleaning dangerous machinery in motion, and on railroads. Females under 18 may not be employed as messengers. Children under 16 are forbidden to work on or about dangerous machinery, or among poisonous dyes or gases; in the manufacture of paint; in bowling alleys; on the preparation of goods for immoral purposes; in any place where intoxicating liquors are made, bottled, sold or given away; in any tobacco warehouse, cigar or other factory where tobacco is prepared; at woodworking or polishing; at wool, cotton carding or picking; or at any other employment dangerous to life or limb; injurious to health or depraving to morals. No minor female in any capacity requiring constant standing. No female in any mine or quarry. No child under 14 shall be permitted to work at any gainful employment at any time, except that during the vacation of the public schools such child may be employed in any store, office, mercantile establishment, warehouse, telegraph, telephone or public messenger service in the town or city in which it resides and not elsewhere. Provided that such child shall have first obtained a permit to work. No child under 16 shall be permitted to play on any musical instrument or to sing or perform in a circus, theatrical or musical exhibition, concert or festival, or in any public places without a written permit authorizing such appearance. Permits for the employment of children must contain a certificate that the child is more than 14, that he has attended the public school or some other school with equivalent course twelve months of the issue of such certificate, that he is able to read and write simple sentences in English and that he has completed the studies of the fifth gate. No child under 16 shall be employed in any gainful occupation, other than farm work and domestic service, more than 48 hours a week or 8 hours a day, nor between 6 p.m. and 7 a.m, nor more than 6 days in any one week. Provided that not more than 8 hours may be worked in a day in order that children may be free from labor 12 m. Saturday. Provided that no child so employed shall work more than hours a week including at least four hours at continuation school. Wherever continuation schools are established for minors between 14 and 16 working under permits, such minors shall attend school in the day time for not less than five hours a week, for 8 months a year, until such child is 16, or 4 hours a week for 10 months, and every employer must allow a reduction in the hours of labor of such child of not less than the time that the child must attend school. Minors between 16 and 17, regularly employed, shall attend school, where such continuation school exists, for 5 hours a week for 6 months, or 4 hours a week for 8 months. Children may attend school for longer than this minimum-such extra time not to be deducted from the legal hours of work. Permits to work may be refused to children who seem physically unfit for the employment for which the permit would be granted. Seats must be provided for females employed in manufacturing mechanical or merchantile establishment, and the use of these seats must be permitted. No license shall be granted for a theatrical exhibition or public show in which children under 15 are employed as acrobats, gymnasts or riders, if such children are employed in such as manner as to corrupt their morals or impair their physical health. No boy under 12 and no girl under 18 shall sell newspapers or periodicals on the streets or in any public place in cities of the first class, and no boy under 14 shall act as bootblack or be employed in any street trade except the sale of newspapers or periodicals, and no girl under 18 shall be so employed. Boys under 16 employed in street trades must have badges and permits issued by the school authorities. No child under 16 shall work at any street trade during school hours. Boys between 14 and 16 who are complying with the legal requirements of school attendance and who are physically fit may deliver newspapers between 4 and 6 a. m. No child under 14 shall be let out, or otherwise disposed of, for any obscene, indecent, or immoral purpose, exhibition or practice, or for any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child.
WYOMINGAccording to the census of 1910 Wyoming had in all 45 women and 12 children engaged in manufacturing industries. Its labor laws must therefore be considered rather as intended to prevent future abuses, than to remedy existing ones. The principal provisions affecting women and children are as follows: No female shall be employed in any manufacturing, mercantile, printing, baking, laundering, canning establishment, or hotel or telephone exchange, restaurant, theatre or place of public amusement more than 56 hours a week or 10 hours a day, and the working period shall not extend over more than 12 hours in the 24. Ten hours shall not be worked by females for more than two days in each week. This provision shall not apply to telephone exchanges employing not more than 3 females. No child under 18 shall be employed in any brewery, distillery, saloon or any other place where intoxicating liquors are handled or sold. No child under 14 employed in the public messenger service, shall be required to deliver any message, or anything whatever, to such establishment or to any premises used for immoral purposes. Children between 7 and 14 must attend school during the entire time the public schools are in session, unless on a physician's certificate that such attendance would be injurious; or by consent of the district board when such attendance would work a hardship. No child under 16 shall be permitted to act or perform in any hall or room where liquors are sold or given away; nor shall any child under 16 be used for any indecent, immoral or illegal purpose, or for any business or vocation injurious to the health or dangerous to life or limb of such child. No boy under 14 and no woman shall be employed in or about any coal, iron or other dangerous mine or dangerous works or dangerous place; nor shall any child under 14 be employed near dangerous machinery or among dangerous acids or chemicals. No child under 14 shall work at any gainful occupation more than 56 hours a week or 9 hours a day, except in farm or domestic service. No female under 18 shall be permitted to work at any employment that keeps her constantly standing. Seats must be provided in any establishment where females are employed, and their use must be permitted.
UNITED STATESThe Act creating the Children's Bureau which was signed by President Taft in April, 1912, and the Federal Child Labor Law which was signed by President Wilson on September 1st, 1916, are the principal measures in the statute books of the United States passed in the interest of children. The women employed in the U. S. Civil Service benefit by the eight hour laws which have been enacted from time to time for the protection of the men. The Children's Bureau has power only to investigate conditions and report. It has not the power conferred on Industrial Commissions in various states, to make regulations which must be obeyed by employers of child or woman labor. The Labor Code of the District of Columbia is, of course, the work of the U. S. Congress. The Federal Child Labor Law extends federal control of interstate commerce over all products in the mining or manufacturing of which child labor has been employed. Under this law the following goods are interdicted from interstate commerce; Products of mines or quarries in which minors under sixteen are employed; manufactured goods from any manufacturing establishment employing minors under fourteen, or employing minors between 14 and 16 for more than eight hours a day or 48 hours a week or between 7 p.m. and a.m.
Other Provision in State LawsTwelve states in which there are laws prohibiting the use of children as street musicians and in concert halls and theaters, provide for the issuance of permits for the appearance of on the stage either in concerts or in theatrical performances. There is also a provision in connection with these laws that the prohibition is not to apply to the employment of a child as a singer or musician in any church, school or academy, or to the learning of the science or practice of music. In addition to the laws which have been enumerated, most of the states have laws enforcing decency in regard to toilets and washroom for female employees. The states that require separate toilets are Alabama, Colorado, Delaware, Florida, Illinois,Indiana, Iowa, Kentucky, Louisiana, Massachussetts, Michigan, MInnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wisconsin. In addition to the statutes, there are also regulations of boards of health or of industrial commissions which either take the place of laws, or supplement the laws, in regard to this aspect of labor conditions. In California and Oregon, for example, regulations of the commission take the place of laws.
Enforcement of LawsThe laws as they stand on the statute books of any state give but an imperfect idea of the general working conditions of women and children in a state. More important than the laws themselves is the enforcement of the laws. The laws in some of the states are so drawn as to be almost impossible of enforcement. For instance in regard to the hours of labor of women and children, where there are provisions allowing for the working of longer hours in case of breakdowns or stoppages of machinery, it would require the constant presence of inspectors to prevent infractions of the law. A careful examination of the laws will show that in the states where the laws themselves are most lax, they are also most difficult of enforcement, so that the little protection nominally afforded is in fact illusory. In other cases regulations have been made far in advance of the laws, and the statute book is no guide, because the laws have lagged behind. Such an instance is found in the law in Colorado which provides that no female child under ten shall engage in street trading. This would seem to permit girls of ten or eleven to sell papers in the streets; but the regulations of the Juvenile Court absolutely prohibits such activities, and as a matter of fact the law has not been amended because it has been superseded. |
(Chapter 8) PUBLIC MORALITY-RED LIGHT INJUNCTION AND ABATEMENT LAWLaws for the punishment of prostitution and the regulation of disorderly houses are of ancient origin in English law. These laws were directed against the women who were the keepers of the houses, as well as the inmates. These women were looked upon as vile and criminal; while the men who frequented the houses were regarded as exercising a natural function which was necessary to their health. The only case in regard to the men was that no extortion should be practiced on them by the women, and that they should be guarded from infectious diseases. Such laws were, of course, ineffective in suppressing commercial vice; and while most of the states have followed the English common law in holding that disorderly houses are public nuisances, and while the keeping of such houses is penalized as criminal by the statutes of nearly every state, the only ground on which an ordinary citizen could bring suit was that he had suffered special damage from such houses, different from the damage suffered by the general public. As disorderly houses are generally found among the poorest and most defenseless inhabitants of a town or city, the exercise of the right of private action was infrequent. The enforcement of the law was therefore dependent upon the activity of the municipal, county or state officials. Public opinion, in general, failed to hold town and city governments to their duty, and the ease with which money could be obtained as the price of toleration and protection has often resulted in a criminal alliance between politics and vice, with the consequent corruption of the police and other city officials. The newer method of dealing with commercial vice dates back to 1891. The first state to pass a law of the type of the Red Light Injunction and Abatement laws was Maine; but the Maine law lacks some of the features which characterize more recent laws in other states. Texas followed the example of Maine in 1907 with a law which had some of the shortcomings of the Maine law, and it was not until 1909 that the first complete Red Light Abatement and Injunction law was passed by the state of Iowa. The Iowa law has been taken as the model for the more recent legislation, which has now been passed in twenty-six states, as well as in the District of Columbia, and by the Legislature of North Carolina for Guilford County. Of the twenty-six states that now have these laws nine are equal suffrage states, and seventeen are man-suffrage states. The chief features of the law are (1) that houses of ill-fame or of assignation are declared to be nuisances, and that those who own, conduct, or occupy them are guilty of a nuisance; (2) that county and district attorneys and private citizens (in some states, taxpayers) are given the right to institute proceedings for their abatement, and for perpetual injunctions against the persons owning, conducting or occupying them; that if satisfied of the existence of the nuisance at the trial, the court shall issue a permanent injunction restraining all parties from continuing the nuisance, and an abatement order, removing and selling the fixtures and movable property used in conducting the nuisance, closing the building for one year, and using the proceeds of the sale for the payment of costs. The violation of the injunction is made contempt of court, punishable by fine and imprisonment.
ARIZONAThe Arizona Legislature passed the Red Light Injunction and Abatement law in the session of 1913. The law was modelled on the Iowa statute; but differs from it in several particulars. The first clause reads: "Whoever shall erect, establish, continue, maintain, use, own or lease any building, erection or place, used for the purpose of lewdness, assignation or prostitution, is guilty of a nuisance, and the building, erection or place, or the ground itself, in or upon which such lewdness, assignation or prostitution is conducted, permitted or carried on, continued or exists, and the furniture, fixtures, musical instruments and contents are also declared a nuisance and shall be enjoyed and abated as hereinafter provided." The Attorney-General, or any citizen of the county, through any attorney he may select, may maintain an action in the name of the state of Arizona, upon the relation of such county attorney or citizen to enjoin said nuisance. The general reputation of the place is admissible as evidence to prove the existence of a nuisance. In case of the violation of any injunction granted under the provisions of the act, the offender may be summarily tried for contempt and punished by a fine of not less than $200 nor more than $1,000 or by imprisonment from 3 to 6 months or by both fine and imprisonment. If the existence of the nuisance be established, an order of abatement shall be entered. The order shall direct the removal of all fixtures, furniture, musical instruments or movable property used in conducting the nuisance, and shall direct the sale thereof, and the closing of the building or place for one year unless sooner released. The proceeds of the sale shall be applied to the costs of the sale and of closing and keeping closed the premises, the balance, if any, shall be paid to the defendant. The owner of the property may obtain a release on paying all costs of the proceeding and filing a bond in the full value of the property that he will immediately abate said nuisance and keep it abated for one year. Whenever a final judgment is rendered against any person or against any owner or his agent, enjoining the maintenance of said nuisance, such judgment shall adjudge that the defendant or defendants pay to the couty $300 as a tax against such building or tract of land on which it is situated, in addition to all other taxes. The last clause of the act reads: "Nothing contained herein shall be construed to affect, repeal, or apply to any ordinance of any city or town, enacted in conformity with, and under the authority of Section 317 of the penal code." The section cited provides that every person who keeps any house of ill-fame for the purpose of assignation or prostitution outside the limits provided by the ordinances of any city or town is guilty of a misdemeanor. In Texas the State Supreme Court has decided that it is not within the power of any town to grant permission within any area for the maintenance of a nuisance. This clause of the Arizona law has not yet been tested.
CALIFORNIAThe Red Light Injunction and Abatement Law was passed by the California Legislature and approved by the Governor in 1913. A petition against it was presented before it came into operation, which necessitated the taking of a referendum vote on the law. It was, however, confirmed by popular vote at the election of 1914, largely through the efforts of the women who organized and campaigned vigorously in favor of the law. Its general provisions are as follows: Any building (defined to mean and include so much of any building or structure of any kind, as is or may be entered through the same outside entrance) or place used for the purposes of lewdness, assignation or prostitution, or upon which acts of lewdness, assignation or prostitution are held or occur, is declared to be a nuisance. Any person who conducts, or maintains such a nuisance and the owner, agent or lessee of the building or place, shall be perpetually enjoined from directly or indirectly maintaining or permitting such nuisance. Whenever such a nuisance exists the district attorney must, or any private citizen of the county may, bring an action to abate such nuisance and to enjoin such person or persons maintaining the same from further maintenance thereof. If it is established that the nuisance exists, the fixtures, musical instruments and movable property in such building shall be removed and sold, the proceeds being applied to pay costs of removal and sale, plaintiff's costs and other costs incurred in the abating of the nuisance. Any balance remaining shall be handed over to the owner of such property. The building shall be closed, and kept closed for one year, unless sooner released by order of the court. The owner of the property may obtain release upon payment of costs, and filing of bond in full value of the property, that he will immediately abate such nuisance and keep it abated for one year. Any violation of the court order is punishable as contempt of court, by fine of from $200 to $1,000 or by imprisonment from one to six months, or by both fine and imprisonment.
COLORADOThe Red Light Abatement Law was passed in the 1915 session of the Colorado Legislation. It agrees in every particular with the California law as previously described.
DISTRICT OF COLUMBIAThe law as passed by Congress for the District of Columbia in 1914, follows the Iowa law more closely than the California law. It defines as a nuisance "any building, erection, ground or place used for the purposes of lewdness, assignation or prostitution, and also the furniture, fixtures, musical instruments and contents thereof." It provides that anyone who erects, establishes, continues, maintains, uses, owns, or leases a building, or place used for such purpose, is guilty of a nuisance, and those who conduct or maintain such a nuisance and the owner or agent of the building or ground may be enjoined. The remaining clauses of the law resemble the California law, except that there is no mention of plaintiff's costs in the list of purposes to which the proceeds of the sale of fixtures and contents of the building or place may be put, and a tax of $300 is assessed against the building which must be paid by the owner and agent of the premises, without releasing them from other penalties under the law. The fine is from $200 to $1,000; and the minimum term of imprisonment is three months instead of one month.
IDAHOThe Red Light Abatement Law was passed by the Idaho Legislature in 1915. The law provides that the conduction of a place for the purpose of prostitution, lewdness or assignation-commonly called a house of ill-fame-is a moral nuisance. A building or place in which a house of ill-fame is conducted or kept and the furniture and movable contents thereof are a moral nuisance. Any resident citizen of the county may maintain an action for the abatement of a moral nuisance, and it is the duty of the county attorney to bring such action. Any moral nuisance may be abated, and the person doing such act, or engaged in such occupation, may be enjoined. Evidence of the general reputation of such house or place is admissible. If the existence of the nuisance is established, a perpetual injunction shall be issued, and the building shall be closed under order of the court for one year, unless sooner released under conditions similar to those in the California law. The furniture and contents of the building are directed to be removed and sold, and the proceeds distributed, as in the California law, and a similar punishment is provided for violation of the injunction. All fines or costs not satisfied out of the proceeds of the sale of removable property are a lien on the building and ground.
INDIANAThe Indiana Legislature passed the Red Light Injunction law in the 1915 session. It is on the Iowa model, as described under the District of Columbia.
ILLINOISIllinois passed the Red Light Injunction and Abatement law in the session of 1915. The law in most of its features resembles the California statute. The chief points of difference are in the definitions. The law provides that all buildings and apartments, and all places and the fixtures and movable contents thereof, used for purposes of lewdness, assignation or prostitution are declared public nuisances and may be abated. The owners, agents and occupants of any such building or apartment shall be guilty of maintaining a nuisance and may be enjoined. The right to maintain a bill for the abatement of the nuisance is vested in the state's attorney, or any citizen of the county. The procedure in regard to the issuance of an injunction and the abatement of the nuisance follows the same lines as in the California law.
IOWAThe Iowa law which has formed the model of all subsequent laws, although with modifications in several states, was passed in 1909. It has been described under the heading of the District of Columbia.
KANSASKansas was one of the earlier states to follow the example of Iowa. The law was passed there in the 1913 session of the Legislature. There are some modifications of the Iowa model. In the definition of a nuisance "fornication and concubinage" are added to prostitution, and lewdness and assignation are omitted. There is no definite list of those who may be enjoined, but apparently all who maintain, practice, permit or allow such acts are subject to injunction. Provision is made in the law for perpetual injunction and for abatement but the procedure is not specified. The penalty for violation of the injunction is from $100 to $500 fine and imprisonment from 30 days to 6 months.
MAINEThe Maine law is much older than the law passed in Iowa in 1909, and it is much less drastic in its provisions. It was passed in 1891, and its claim to inclusion under the Red Light Abatement laws rests on the fact that the law is aimed against the building used for purposes of prostitution. The law defines as a nuisance any building used for the purpose of assignation or prostitution, and provides that such nuisance may be abated upon the prescutation to the court of a petition signed by not less than twenty legal voters of the town or city in which the building is situated. Women are therefore powerless in regard to the Maine law. There is no provision for the removal or sale of the contents of the building, and although it may be assumed that the court has power to enjoin and to punish for contempt if its orders are disregarded, there is no procedure prescribed nor penalties stated in law.
MASSACHUSETTSThe Red Light Injunction and Abatement law was passed in Massachusetts in 1914. In it the nuisance to be abated is defined as "every building, part of a building, tenement or place used for prostitution, assignation or lewdness, and every place within which or upon which acts of prostitution, assignation or lewdness are held or occur." Whoever keeps or maintains such a nuisance shall be punished by fine of from $100 to $1,000 and by imprisonment from 3 months to 3 years. The right to maintain a bill to enjoin such nuisance is vested in the district attorney, the attorney general, or none or more citizens in his or their own names. The owner of record of the premises shall be joined in the bill as a party respondent. In other respects the measure resembles the Red Light Law of California.
MICHIGANThe law was passed in Michigan in 1915. It is a little more concise than the Iowa law. It provides that "whoever shall conduct, maintain, own, or lease any building or place, used for purposed of lewdness, assignation or prostitution is guilty of a nuisance," and the building or place where such nuisance is permitted, or carried on, together with its furniture, fixtures and contents are also a nuisance which shall be enjoined and abated. Action may be maintained by the prosecuting attorney or by any citizen of the county, and general reputation is admissible as evidence. The remaining provisions of the law resemble those of the Iowa law. Injunctions can be issued and contents of building removed and sold; the building may be closed for one year subject to release on the same terms as in Iowa.
MINNESOTAThe law was passed in Minnesota in 1913. In its main features it follows almost exactly the Iowa model.
NEBRASKAThe Nebraska Legislature passed the Red Light Law in 1911. Like Minnesota, it followed almost exactly the Iowa law of 1909.
NEW JERSEYA Red Light Injunction and Abatement Law was passed by the Legislature of New Jersey in the session of 1916. It is framed on the model of the California law and the definition of a nuisance is identical with that of the California law. Power to maintain an action for abatement is vested in the prosecutor of the pleas, or any resident of the county, and it is especially provided that "it shall be unnecessary to allege or prove personal or special damage." Clothing is excepted from the movable property which may not be removed under the temporary injunction, or sold when the injunction is made perpetual. In other respects the law follows the lines of the California statute.
NEW YORKThe law was passed in New York in 1914. It follows the Iowa model except that in defining the nuisance the terms used are: any building, ground, or place, or part thereof, used for the purposes of lewdness, assignation or prostitution; and the word "knowingly is added in regard to the persons who may be enjoined for maintaining or permitted a nuisance. In regard to the persons who may bring suit for the abatement of the nuisance, the New York law adds "any domestic corporation organized for the suppression of vice" which possesses a certificate from the state board of charities. The closing order must be for not less than thirty days, nor more than one year, and such order is only issued when there has been a violation of the judgement. There is no provision for release to the owner. Violation of the court order is punishable by imprisonment from 10 days to one year, without option of a fine.
NORTH CAROLINAIn 1913 the Legislature of North Carolina passed a Red Light and Injunction law which applied only to one of the one hundred counties of the State. The law covers Guilford County, the second county in point of population, the principal city being Greensboro. The Act is entitled "an Act to prevent the degrading of public morals in Guilford County." It is on the Iowa model but gambling and the illegal sale of whiskey are included in the definition of the nuisance which may be abated.
NORTH DAKOTANorth Dakota passed a Red Light Abatement law in 1911. The law is on the Iowa model; but there are several differences both in the definitions used to describe a nuisance, and in the procedure. The nuisance is described as any building, place or room used for the purpose of prostitution or for any other lewd, obscene, or indecent purpose, and the use of such building, room or place by any one may be enjoined. There is no provision for the removal and sale of the contents of the building or room. The building may be closed as in the Iowa law, and the release of the building is left to the discretion of the court. The costs of closing the building are taxed as part of the costs of the action. If the action is brought by a private citizen he must furnish a bond to cover the costs; but if successful, he is allowed a reasonable attorney's fee. The punishment for contempt, if the injunction is disregarded, is a fine of from $25 to $1,000 and in addition imprisonment for not more than one year.
OREGONThe Oregon law was passed in 1918. It also is on the Iowa model, with some slight differences. Instead of enumerating the persons who can be enjoined, the law simply states that anyone guilty of maintaining a nuisance may be enjoined. The bringing of an action is made obligatory on the district attorney, but if an action is brought by a private citizen the citizen must be a tax-payer. The provision for closing a building is the same; but release can be secured by a lessee as well as by an owner, if the court is satisfied of his innocence, and all charges are paid.
PENNSYLVANIAThe law was passed in Pennsylvania in 1918. With minor differences it also follows pretty closely the Iowa model.
SOUTH DAKOTAIn South Dakota the law was passed in 1913, and the South Dakota Legislature accepted the Iowa model almost word for word. The chief difference is that the court is allowed a little more disscretion in making orders to secure collection of the tax assessed against the building.
TENNESSEETennessee was also one of the nine states that passed the Red Light law in 1913. There is little difference in the definition of a nuisance, and it is made a little more difficult for a private citizen to obtain an injunction. This can only be done with the concurrence of the county of district attorney, upon the relation of ten or more citizens and freeholders of the county. The same law permits the enjoining of any person selling liquor in contravention of the prohibition law.
TEXASA law was passed in Texas in 1907 which has some of the characteristics of the Red Light Abatement and Injunction law. It defines a building, premises, or part thereof, which is used as a bawdy or disorderly house as a nuisance, and states that any persosn who may be about to use such, or who may aid or abet any other person in the use may be enjoined. Any citizen of the state may bring suit in his own name for abatement of nuisance. The operation of the law is qualified by the important provision that the right to bring such a suit shall not apply to nor be construed to interfere with the control and regulation of bawds and bawdy houses by ordinances of incorporated towns and cities, acting under special charters, and where the same are actually confined by ordinance of such city within a designated district of such city. A decision of the Texas Supreme Court, rendered in 1915, to the effect that a city has no power to enact an ordinance creating a segregated district, since there is a statute prohibiting the maintenance of disorderly houses, goes far to nullify this objectionable provision.
UTAHThe Utah Legislature passed the law in 1913. It is on the Iowa model and the differences are so slight as scarcely to need mention. The owner or agent of a building classed as a nuisance, who is not in possession, is entitled to notice in writing, and to a reasonable time to abate the nuisance before the injunction issues. The punishment for contempt is limited to a fine of not more than $1,000, or imprisonment for not more than six months or both.
VIRGINIAThe Red Light Injunction and Abatement Law was passed by the Virginia Legislature in the session of 1916. The law is on the Iowa model with differences that are in no way essential.
WASHINGTONWashington was one of the nine states which passed the Red Light law in 1913. Like many of the other states, it followed closely the Iowa model and the differences in the case of Washington are trivial.
WISCONSINWisconsin also passed the Red Light Injunction law in 1913. The Legislature followed closely the Iowa model with only slight differences in detail. |