New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-01-02
!SHERM4N'S REPORT IN.
Former Commissioner of Labor Tells
of Years Work.

Albany jan 1.-The report OF P. Tecurnseh Sher-
man. former Commissioner OF Labor trarsnnlt.ed
to the Legislature to-day, covers the WORK oi 'ne
bureaus in his charge makes recommendations con-
cening desired legislation, and contains all laws
now in force affecting labor For the hrst u1le III
wears the Legislature has made provision Ior d
force adequate to perform the duties oeVoi'iiis o
the department. An assistant factory Inspector d
medical inspector, inspector OF tunnels AN as
sisant counsel two mediators, four additional rae
.orv insnectors and eight other employees were
added to the force October ]. A detaiied az
count is given of the enforcement OF tue lac'oiS
laws and the difficulties encountered together WIN
a conparison with the English and other foreign
systems In general, the laws have been wen en-
forced and save in a rev cases coiu''oH9 'o
better than ever before
The vigorous campaign against cnlld iapor con-
tinues Twenty hundred children illegally en-
ployed were discharged on orders of inspectors
The principal violations were due to misrepresenta-
tions of age by children and parents and 10 ig-
norance of the provisions of the law on the part or
EMPLOYERS Numerous prosecutions were brought
In child labor cases, and fair proportion OF con-
victions secured. These prosecutions require much
time however and are often thrown out by hostile
magistrates. Regarding this the Commissioner
says:
Intentional violations have been pretty well wlpeas
and unintentona violations due to lgnoLa1ce oI
the law materially reduced. But in reducing UNI
Intentional violations due carelessness we h'He
be masistpss too generally regard offences
where serious and continued AFTER syorn
and untrue statements of mitigating circumstances
t tTadict them, and have dismissed the strongest
against the worst Offenders and tnerep ~ Iii
rectlv rebuked the inspectors for bringing tnen-
The Commissioner protests against age as test
of fitness to work. since in many cases children OF
the required age physically unfit for their
tasks and also account of the dlfrculty III 90
tanning proof of the age of child Physica htness
for the task performed should be made the stand
protection
given children of all ages and the burden OF prov
ing violation rendered less difficult
The enforcement of the law concerning hours OF
labor of women and children is extremely dlicui',
and its provisions should be modified
The factory law requires that all owners of tere-
rnents where work is performed obtain license
Before license is granted the premises must De
placed in a sanitary condition. Licenses are re-
fused tenements that are unclean or otherwise
unfit About IL 900 tenements have thus far been
registered, which number S.120 were licensed 1t
has been urged that the state prohibit all tene-
nent work, it is peculiarly exposed 10 disease,
sweating conditions child labor, long hours ana
the law is impossible of enforcement; the Commits
sioner does not this plan, but holds that the
BOARD of Health successfully copes with cases of
contagious diseases Sweating and ehid labor al
though existing, are not general and the enforce
nent of the law Is constantly becoming stricter ana
should in time eliminate existing abuses.
The Commissioner of Labor is now empowered
to stop work in tenant factories or bakeries winch
.unSanitary. ms provision mas pioNcu hio'I
eficacous In 44O tenant factories and 15 bakeries
orders issued met with prompt compliance without
the slow and uncertain appeal to the courts.
During the year 443 cases were brought against
293 persons. and in 2s5 cases convictions were Sc
cured and 1855 in fines imposed. These were
largely in child labor The Commissioner
complains of lack OF counsel: and of the time
consuming and uncertain conditions surrounding
prosecutions in magistrates courts in New YORK
City The courts, he says, form an enectual
barrier to any proper enforcement OF our laws
relative children and he urges that all cases
involving children go to the children's courts
The Commissioner recommends additions to fac
tory laws to heating supply of drinking
water humidity, cleanliness in workroonb, v@nti-
lation, regulation of dangerous or noxlous trades
and the addition of legal officers and experts for
technical subjects The incorporation in the law
of discretionary provisions rather than mandatory
is cited important He points out, further, the
injustice of regulating hours and sanitary condl-
lions in factories and not in mercantile other
establishments.