The San Francisco call., 1897-01-19
LABOR AND
THE LAW
Joint Committee Meeting to
Consider the Assembly
Bill.
EMPLOYMENT AGENTS TO
BE REGULATED.
Senator Morehouse Questions the
Representatives of All
Concerned.
TO BOTH SIDES
INQUIRED INTO.
Statements That Show "The Call" t
Be the Champion of the Working
People.

SACRAMENTO, CAL, Jan. 18. - The
Committees on Labor of the Senate and
the Assem- ply held a session lasting until
after midnight in hearing The arguments
for and against Assembly bill $50, regu-
lating employment agents.
Section 1 of the act provides that the
employment Office fee must be immedi-
ately returned to the applicant upon his
failure to secure employment or upon his
being proved to be incompetent, untitled
or unsuited for said employment. No fee
shall be charged in excess OF per cent OF
the first months wages of the applicant
and in no case shall it exceed 8 per cent OF
the wages earned by the applicant during
any time less than one month. Section 5
reads as follows:
1t shall be unlawful for any employment
agent TO insert advertisement in any news
paper. or in any other manner advertise for
help OF any kind, unless the said advertising
is done in pursuance of actual bona fide orders
for help which shall have been received by the
said agent. The Commi ssioner OF the Depart
ment of Labor may any time investigate
said orders in order to satisfy himself OF their
authenticity.
Violation of the act is punishable by
fine of not more than $500 nor less than
$50, or not more than thirty days impris-
onment or both fine and I'M Drisonment.
A communication was read, signed by
5000 laboring men and 2500 laboring
women, asking the Legislature to BASS
the bill.
protest was read from Los Angeles,
!. setting forth that a free employment
bureau would be an unnecessary tax upon
the people, and stating that free en-
ployment bureau in Los Angeles had
proved to be failure. Reference was also
made to the free employment bureau
started in San Francisco few years ago
and which collapsed and was never more
heard from.
Mr. Morgenstern and George A. Went
worth appeared on behalf of the protest
ants and Labor Commissioner Fitzgerald
and his assistant (Mr. Dam), and Mr..
Arthur appeared for the bill
The chairman of the committee decided
that the negative proposition or tie op,
ponents Of the bill should open the dis
cussion. Mr.. Morgentern began by argu-
ing that middlemen were necessary in
business where there was a demand on
one side and q supply on the other. Being
necessary they were legitimate so long as
they transacted their business honestly.
1fitis true that this is a legitimate business
and the laws are sufficient 10 punish dis
honesty in it, what need is there, he asked,
of burdening the already overburdened
codes with an additional law on the SUBJ
ject. Taking up the first section, the
speaker asked when it became necessary
TO make a law to declare illegitimate
a business which has been held to be legal
ever since its birth. The attempt to regu-
late a business which is perfectly legiti-
mate, and which does not admit of being
interfered with, is clearly unconstitu-
tionaL
Senator Morehouse asked Mr. Morgen-
stern his grounds for declaring the first
section unconstitutional, and Mr. Nor
genstern replied that in a case where a
man engaged lawyer ard paid him $500
to win a case for him, there could be no
law to compel the lawyer to refund to the
client the fee.
y What would you say of a man going
TO an employment agent and representing
himself to be competent for a certain DO
sluon, while, at the same time he was
lying to the agent. Then when that man
goes to work he is found TO be totally in
competent and is discharged on the Sec
ond day, do you think that the agent
should not be paid for his trouble, when
1t was no fault OF his that the applicant
was found TO be incompetent2' asked Mr..
Morgenstern.
AssembIyman Mahoney of the commit
tee asked whether the agent couId not
send man to an employer on trial for
two or three days, and Mr.. Morgenstern
replied that that could be done. but that
supposing that the agent should have to-
send FIVE men one after another to the
same place in vain the agent would have
done five times the amount of work for
nothing.
The speaker added that there was not
reputable employment agent in the State
opposed to section five which prohibited
fake advertising. They would do all in
their power to have that section made
law, because it would protect all reputa-
% bic agents in their business.
The next sections were objected to by
Mr.. Morgenstern. They are as follows:
Sec. 4. Every employment agent shall in
connection with his business keep book, or
1 set Of books showing the number of applica-
uons for employment made to said EN- pIoy-
ment agent the number of applicants
vent by him to employers. the number
OF applicants for whom employment has
been secured by said employment
agent the amount of fees and commissions,
and the character and value OF any other
property taken by said employment agent in
return for securing employment for ap-
plicants, and the amount OF money
and the character and value of other