The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-26
| FOR an BIGap-H0UR LAW
Report of the Industrial Commits
sion on Labor Problems.
LeEislatiOn Regarding the Employ
ment of Children accommodates
The Question of Enforcing Con-
tracts by Injuncticn-The POlfti-
cnI Rights of the WOrISingman.

port on labor Legislation, submitted TO
Congress yesterday, discusses particularly
the question of child labor in factories
| and mines. 1t also recommends that eight
hours be fixed as the length of a days
labor on all public works and that the
Utah law, making eight hours a days work
for miners, be adopted by the States. 1t
is also recommended that the different
States regulate the length of a days labos
for all persons between the ages of four
teen and twenty-one years of age, and adj
vses the prohibition of the employment of
children In factories. mercantile estab-
lishments, and shops who cannot read and
write ard except during vacation, unless
they have attended school for at least
twelve weeks in each year. 1t is also
recommended that no person under eigh-
teen years OF age be employed as tele-
graph operator.
The report says In part:
1.-THE question of the enforcement Of the
labor contract by injunction or contempt
in equity process" the report says. lis
very difficult one, mainly so made by the
abuses which have arisen from injunctions
carelessly issued by learned judges or by
the unlearned judges of inferior courts In
States which confuse chancery and common
law jurisdiction. The injunction is a high
prerogative writ. and should be awarded
only after the most careful examination by
tribunal thoroughly competent. Wherever
possible, and wherever the transaction
complained Of is simple criminal offence,
1t should be left to the jurisdiction of the
local criminal courts. aided, II necessary,
by the police or military authorities; but
when the case is one which is properly
L., IL I,,-ta t.
suahce Of an injunction is really necessary
to prevent irreparable loss or wrong, 1t
seems to be going too far to say that no
contempt of the injunction shall be pun
ished without all the delays and safeguards
of an ordinary jury trial. 1t might be well
TO limit punishment for contempt to i'm
prisonment for a brief period, but equity
courts must not be deprived of the power
to protect themselves and make their de-
crees respected.
AT the same time, the practice OF
awarding blanket injunctions against all
the world, or against numerous unnamed
defendants, as well as the practice OF in
directly enforcing the contract for per-
sonal service by enjoining employees from
quitting work. should be discouraged not
only by popular sentiment. but by intel
ligent judicial opinion. There should be
no unnecessary departure from the time
honored principle that the contract OF
personal service cannot be specifically en-
forced because to do SO entails condi-
tion Of practical slavery.
There Is at present no Federal 1egis-
lation protecting the political rights Of
laborers, and 1t would seem that the or
binary State statutes which prohibit en-
ployers from coercing employees in the
exercise of the right OF suffrage or from
seeking to influence them by pay envel-
opes, threats OF discharge, or otherwise,
could properly be made Z national law
applying TO elections to Federal Offices"
The arbitration and conciiiation laws,
the report says, have recently been con-
sidered by Congress in connection with The
arbitration act applying 10 railway dis
putee. In a general way, the commission
would report that such laws in the States
have been found effective fer purpose o;
conciliation, but that the strict arbitration
machinery rarely functions we'll. The ar
bitration laws now existing, particularly
the national act of 1898, should be made
clear, so that the parties to the arbitra-
ton, whether employer or employe. should
appear as lawfully constituted associations
or corporations. or otherwise as individuals |
with proper machinery for representation |
by their leaders; and the commission be- |
heyes that whoever inaugurates lockout !
or strike without first petitioning for arb!- |
tration, or asserting to it when offered, /
should be subjected to an appropriate pm !
atty. The object of the first reconMs nda- |
ton is to ge, responsible parties to the Zee |
ord, and to make sure that the individuals /
concerned in the difficulty are lawfully !
represented in the proceedings; and the OBJ I
ject of the second recommendation is to
encourage pcaceable adjustments of differ
ences and to discourage the resort TO
strikes or lockouts until legal methods have
been tried. The statute should not confine
arbitration to a public board, but should
permit the parties to choose arbitrator
If they prefer. There should be no provi-
sion to compel either side to abide by the
decision. 1t is believed that full and
fair investigation Of the facts will, in most
cases, bring the parties into substantial
agreement while in other cases the result
may be safely left to public opinion.
In conclusion, the commission would
recommend the establishment by all the
States OF labor bureaus or commissioners.
who shall, besides their local duties as now
defined, be charged with that OF exchang-
ing their statistics and reports, and OF
converting at least once year in national
conference for general consultation, which
national conference should have power to
submit directly to Congress its recon-
mendations for such Federal legislation
as a majority Of the State commissioners
may deem advisable, and shall also sub
init to all OF the States, through the COM
missioner of each separate State, their
recommendations for such uniform State
upon labor subjects as may seem
wise and desirable"
Senator Daniel and Messrs. Smyth and
Harris dissent from the report on the sub
ject Of the eight-hour law, saying that
climatic conditions in the South make 1t
impossible to apply there the laws that