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+The Project Gutenberg EBook of The Theory and Policy of Labour Protection, by
+Albert Eberhard Friedrich Schaeffle
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: The Theory and Policy of Labour Protection
+
+Author: Albert Eberhard Friedrich Schaeffle
+
+Editor: A. C. Morant
+
+Release Date: November 20, 2010 [EBook #34379]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE THEORY AND POLICY OF ***
+
+
+
+
+Produced by Brian Foley, Martin Pettit and the Online
+Distributed Proofreading Team at http://www.pgdp.net (This
+file was produced from images generously made available
+by The Internet Archive/Canadian Libraries)
+
+
+
+
+
+
+OPINIONS OF THE PRESS ON THE SOCIAL SCIENCE SERIES.
+
+
+ "'The Principles of State Interference' is another of Messrs. Swan
+ Sonnenschein's Series of Handbooks on Scientific Social Subjects.
+ It would be fitting to close our remarks on this little work with a
+ word of commendation of the publishers of so many useful volumes by
+ eminent writers on questions of pressing interest to a large number
+ of the community. We have now received and read a good number of
+ the handbooks which Messrs. Swan Sonnenschein have published in
+ this series, and can speak in the highest terms of them. They are
+ written by men of considerable knowledge of the subjects they have
+ undertaken to discuss; they are concise; they give a fair estimate
+ of the progress which recent discussion has added towards the
+ solution of the pressing social questions of to-day, are well up to
+ date, and are published at a price within the resources of the
+ public to which they are likely to be of the most
+ use."--_Westminster Review_, July, 1891.
+
+ "The excellent 'Social Science Series,' which is published at as
+ low a price as to place it within everybody's reach."--_Review of
+ Reviews._
+
+ "A most useful series.... This impartial series welcomes both just
+ writers and unjust."--_Manchester Guardian._
+
+ "Concise in treatment, lucid in style and moderate in price, these
+ books can hardly fail to do much towards spreading sound views on
+ economic and social questions."--_Review of the Churches._
+
+ "Convenient, well-printed, and moderately-priced
+ volumes."--_Reynold's Newspaper._
+
+ "There is a certain impartiality about the attractive and
+ well-printed volumes which form the series to which the works
+ noticed in this article belong. There is no editor and no common
+ design beyond a desire to redress those errors and irregularities
+ of society which all the writers, though they may agree in little
+ else, concur in acknowledging and deploring. The system adopted
+ appears to be to select men known to have a claim to speak with
+ more or less authority upon the shortcomings of civilisation, and
+ to allow each to propound the views which commend themselves most
+ strongly to his mind, without reference to the possible flat
+ contradiction which may be forthcoming at the hands of the next
+ contributor."--_Literary World._
+
+ "'The Social Science Series' aims at the illustration of all sides
+ of social and economic truth and error."--_Scotsman._
+
+
+SWAN SONNENSCHEIN & CO., LONDON.
+
+ * * * * *
+
+SOCIAL SCIENCE SERIES.
+
+_SCARLET CLOTH, EACH 2s. 6d._
+
+
++1. Work and Wages.+ Prof. J. E. THOROLD ROGERS.
+ "Nothing that Professor Rogers writes can fail to be of interest
+ to thoughtful people."--_Athenaeum._
+
++2. Civilisation: its Cause and Cure.+ EDWARD CARPENTER.
+ "No passing piece of polemics, but a permanent
+ possession."--_Scottish Review._
+
++3. Quintessence of Socialism.+ Dr. SCHAeFFLE.
+ "Precisely the manual needed. Brief, lucid, fair and
+ wise."--_British Weekly._
+
++4. Darwinism and Politics.+ D. G. RITCHIE, M.A. (Oxon.).
+ New Edition, with two additional Essays on HUMAN EVOLUTION.
+ "One of the most suggestive books we have met with."--_Literary
+ World._
+
++5. Religion of Socialism.+ E. BELFORT BAX.
+
++6. Ethics of Socialism.+ E. BELFORT BAX.
+ "Mr. Bax is by far the ablest of the English exponents of
+ Socialism."--_Westminster Review._
+
++7. The Drink Question.+ Dr. KATE MITCHELL.
+ "Plenty of interesting matter for reflection."--_Graphic._
+
++8. Promotion of General Happiness.+ Prof. M. MACMILLAN.
+ "A reasoned account of the most advanced and most enlightened
+ utilitarian doctrine in a clear and readable form."--_Scotsman._
+
++9. England's Ideal, &c.+ EDWARD CARPENTER.
+ "The literary power is unmistakable, their freshness of style,
+ their humour, and their enthusiasm."--_Pall Mall Gazette._
+
++10. Socialism in England.+ SIDNEY WEBB, LL.B.
+ "The best general view of the subject from the modern Socialist
+ side."--_Athenaeum._
+
++11. Prince Bismarck and State Socialism.+ W. H. DAWSON.
+ "A succinct, well-digested review of German social and economic
+ legislation since 1870."--_Saturday Review._
+
++12. Godwin's Political Justice (On Property).+ Edited by H. S. SALT.
+ "Shows Godwin at his best; with an interesting and informing
+ introduction."--_Glasgow Herald._
+
++13. The Story of the French Revolution.+ E. BELFORT BAX.
+ "A trustworthy outline."--_Scotsman._
+
++14. The Co-Operative Commonwealth.+ LAURENCE GRONLUND.
+ "An independent exposition of the Socialism of the Marx
+ school."--_Contemporary Review._
+
++15. Essays and Addresses.+ BERNARD BOSANQUET, M.A. (Oxon.).
+ "Ought to be in the hands of every student of the Nineteenth
+ Century spirit."--_Echo._
+ "No one can complain of not being able to understand what Mr.
+ Bosanquet means."--_Pall Mall Gazette._
+
++16. Charity Organisation.+ C. S. LOCH, Secretary to Charity
+ Organisation Society.
+ "A perfect little manual."--_Athenaeum._
+ "Deserves a wide circulation."--_Scotsman._
+
++17. Thoreau's Anti-Slavery and Reform Papers.+ Edited by H. S. SALT.
+ "An interesting collection of essays."--_Literary World._
+
++18. Self-Help a Hundred Years Ago.+ G. J. HOLYOAKE.
+ "Will be studied with much benefit by all who are interested in
+ the amelioration of the condition of the poor."--_Morning Post._
+
++19. The New York State Reformatory at Elmira.+ ALEXANDER WINTER.
+ With Preface by HAVELOCK ELLIS.
+ "A valuable contribution to the literature of
+ penology."--_Black and White._
+
++20. Common Sense about Women.+ T. W. HIGGINSON.
+ "An admirable collection of papers, advocating in the most liberal
+ spirit the emancipation of women."--_Woman's Herald._
+
++21. The Unearned Increment.+ W. H. DAWSON.
+ "A concise but comprehensive volume."--_Echo._
+
++22. Our Destiny.+ LAURENCE GRONLUND.
+ "A very vigorous little book, dealing with the influence of
+ Socialism on morals and religion."--_Daily Chronicle._
+
++23. The Working-Class Movement in America.+ Dr. EDWARD and
+ E. MARX AVELING.
+ "Will give a good idea of the condition of the working classes in
+ America, and of the various organisations which they have
+ formed."--_Scots Leader._
+
++24. Luxury.+ Prof. EMILE DE LAVELEYE.
+ "An eloquent plea on moral and economical grounds for simplicity of
+ life."--_Academy._
+
++25. The Land and the Labourers.+ Rev. C. W. STUBBS, M.A.
+ "This admirable book should be circulated in every village in the
+ country."--_Manchester Guardian._
+
++26. The Evolution of Property.+ PAUL LAFARGUE.
+ "Will prove interesting and profitable to all students of economic
+ history."--_Scotsman._
+
++27. Crime and its Causes.+ W. DOUGLAS MORRISON.
+ "Can hardly fail to suggest to all readers several new and pregnant
+ reflections on the subject."--_Anti-Jacobin._
+
++28. Principles of State Interference.+ D. G. RITCHIE, M.A.
+ "An interesting contribution to the controversy on the functions of
+ the State."--_Glasgow Herald._
+
++29. German Socialism and F. Lassalle.+ W. H. DAWSON.
+ "As a biographical history of German Socialistic movements during
+ this century it may be accepted as complete."--_British Weekly._
+
++30. The Purse and the Conscience+. H. M. THOMPSON, B.A. (Cantab.).
+ "Shows common sense and fairness in his arguments."--_Scotsman._
+
++31. Origin of Property in Land.+ FUSTEL DE COULANGES. Edited, with an
+ Introductory Chapter on the English Manor, by Prof. W. J.
+ ASHLEY, M.A.
+ "His views are clearly stated, and are worth reading."--_Saturday
+ Review._
+
++32. The English Republic.+ W. J. LINTON. Edited by KINETON PARKES.
+ "Characterised by that vigorous intellectuality which has marked
+ his long life of literary and artistic activity."--_Glasgow
+ Herald._
+
++33. The Co-Operative Movement+. BEATRICE POTTER.
+ "Without doubt the ablest and most philosophical analysis of the
+ Co-Operative Movement which has yet been produced."--_Speaker._
+
++34. Neighbourhood Guilds.+ Dr. STANTON COIT.
+ "A most suggestive little book to anyone interested in the social
+ question."--_Pall Mall Gazette._
+
++35. Modern Humanists.+ J. M. ROBERTSON.
+ "Mr. Robertson's style is excellent--nay, even brilliant--and his
+ purely literary criticisms bear the mark of much acumen."--_Times._
+
++36. Outlooks from the New Standpoint.+ E. BELFORT BAX.
+ "Mr. Bax is a very acute and accomplished student of history and
+ economics."--_Daily Chronicle._
+
++37. Distributing Co-Operative Societies+. Dr. LUIGI PIZZAMIGLIO.
+ Edited by F. J. SNELL.
+ "Dr. Pizzamiglio has gathered together and grouped a wide array of
+ facts and statistics, and they speak for themselves."--_Speaker._
+
++38. Collectivism and Socialism+. By A. NACQUET. Edited by W. HEAFORD.
+ "An admirable criticism by a well-known French politician of the
+ New Socialism of Marx and Lassalle."--_Daily Chronicle._
+
++39. The London Programme.+ SIDNEY WEBB, LL.B.
+ "Brimful of excellent ideas."--_Anti-Jacobin._
+
++40. The Modern State.+ PAUL LEROY BEAULIEU.
+ "A most interesting book; well worth a place in the library of
+ every social inquirer."--_N. B. Economist._
+
++41. The Condition of Labour.+ HENRY GEORGE.
+ "Written with striking ability, and sure to attract
+ attention."--_Newcastle Chronicle._
+
++42. The Revolutionary Spirit preceding the French Revolution.+
+ FELIX ROCQUAIN. With a Preface by Professor HUXLEY.
+ "The student of the French Revolution will find in it an excellent
+ introduction to the study of that catastrophe."--_Scotsman._
+
++43. The Student's Marx.+ EDWARD AVELING, D.Sc.
+ "One of the most practically useful of any in the
+ Series."--_Glasgow Herald._
+
++44. A Short History of Parliament.+ B. C. SKOTTOWE, M.A. (Oxon.).
+ "Deals very carefully and completely with this side of
+ constitutional history."--_Spectator._
+
++45. Poverty: Its Genesis and Exodus.+ J. G. GODARD.
+ "He states the problems with great force and
+ clearness."--_N. B. Economist._
+
++46. The Trade Policy of Imperial Federation.+ MAURICE H. HERVEY.
+ "An interesting contribution to the discussion."--_Publishers'
+ Circular._
+
++47. The Dawn of Radicalism.+ J. BOWLES DALY, LL.D.
+ "Forms an admirable picture of an epoch more pregnant, perhaps,
+ with political instruction than any other in the world's
+ history."--_Daily Telegraph._
+
++48. The Destitute Alien in Great Britain.+ ARNOLD WHITE; MONTAGUE
+ CRACKANTHORPE, Q.C.; W. A. M'ARTHUR, M.P.; W. H. WILKINS, &c.
+ "Much valuable information concerning a burning question of the
+ day."--_Times._
+
++49. Illegitimacy and the Influence of Seasons on Conduct.+
+ ALBERT LEFFINGWELL, M.D.
+ "We have not often seen a work based on statistics which is more
+ continuously interesting."--_Westminster Review._
+
++50. Commercial Crises of the Nineteenth Century.+ H. M. HYNDMAN.
+ "One of the best and most permanently useful volumes of the
+ Series."--_Literary Opinion._
+
++51. The State and Pensions in Old Age.+ J. A. SPENDER and ARTHUR
+ ACLAND, M.P.
+ "A careful and cautious examination of the question."--_Times._
+
++52. The Fallacy of Saving.+ JOHN M. ROBERTSON.
+ "A plea for the reorganisation of our social and industrial
+ system."--_Speaker._
+
++53. The Irish Peasant.+ ANON.
+ "A real contribution to the Irish Problem by a close, patient and
+ dispassionate investigator."--_Daily Chronicle._
+
++54. The Effects of Machinery on Wages.+ Prof. J. S. NICHOLSON, D.Sc.
+ "Ably reasoned, clearly stated, impartially written."--_Literary
+ World._
+
++55. The Social Horizon.+ ANON.
+ "A really admirable little book, bright, clear, and
+ unconventional."--_Daily Chronicle._
+
++56. Socialism, Utopian and Scientific.+ FREDERICK ENGELS.
+ "The body of the book is still fresh and striking."--_Daily
+ Chronicle._
+
++57. Land Nationalisation.+ A. R. WALLACE.
+ "The most instructive and convincing of the popular works on the
+ subject."--_National Reformer._
+
++58. The Ethic of Usury and Interest.+ Rev. W. BLISSARD.
+ "The work is marked by genuine ability."--_North British
+ Agriculturalist._
+
++59. The Emancipation of Women.+ ADELE CREPAZ.
+ "By far the most comprehensive, luminous, and penetrating work on
+ this question that I have yet met with."--_Extract from_ Mr.
+ Gladstone's _Preface._
+
++60. The Eight Hours' Question.+ JOHN M. ROBERTSON.
+
+
+DOUBLE VOLUMES, Each 3s. 6d.
+
+
++1. Life of Robert Owen.+ LLOYD JONES.
+
++2. The Impossibility of Social Democracy: a Second Part of "The
+ Quintessence of Socialism".+ Dr. A. SCHAeFFLE.
+
++3. The Condition of the Working Class in England in 1844.+ FREDERICK
+ ENGELS.
+
++4. The Principles of Social Economy.+ YVES GUYOT.
+
+ * * * * *
+
+THE THEORY AND POLICY OF LABOUR PROTECTION.
+
+BY DR. A. SCHAeFFLE
+
+EDITED BY A. C. MORANT
+
+_Translator of Schaeffle's_ IMPOSSIBILITY OF SOCIAL DEMOCRACY,
+_Leroy-Beaulieu's_ THE MODERN STATE, _Laveleye's_ LUXURY, _etc._
+
+[Illustration]
+
+London
+
+SWAN SONNENSCHEIN & CO.
+NEW YORK: CHARLES SCRIBNER'S SONS
+1893
+
+
+BUTLER & TANNER,
+THE SELWOOD PRINTING WORKS,
+FROME, AND LONDON.
+
+
+
+
+PREFACE.
+
+
+In this book Dr. Schaeffle seeks to carry out still further the idea
+which he developed in his last book (_The Impossibility of Social
+Democracy_) of the essential difference between a socialistic policy and
+what he calls a Positive Social Policy, proceeding constructively upon
+the basis of the existing social order. He emphatically vindicates the
+Emperor William's policy, as shown in the convening of the Berlin Labour
+Conference, from the charge of being revolutionary, or of playing into
+the hands of the Socialists.
+
+The first part contains an attempt to settle and render more precise the
+use of terms in labour-legislation, as well as to classify the different
+aims and purposes with which it sets out, and then passes on to what
+will probably be to English readers the most interesting part of the
+book--a discussion of the Maximum Working Day in general, and the Eight
+Hours Day in particular. Here the author commits himself in favour of a
+legal ten or eleven hours day for industrial work, with special
+provisions for specially dangerous or exhausting trades, and with
+freedom of contract below that limit, and brings evidence to show that
+such a step has already been justified by experience. But after a
+careful discussion of what it involves, and after disentangling with
+some care the difficulties with which it is surrounded, he pronounces
+emphatically against the universal compulsory Eight Hours Day, which he
+regards as not practicable for, at any rate, a very long time to come.
+
+On the vexed question of the labour of married women, Dr. Schaeffle is
+less explicit, and seems somewhat to halt between two opinions. He will
+not commit himself to the desirability of an absolute prohibition of it,
+but it seems clear that his sympathies lean that way.
+
+The discussion of the Social Democratic proposals in the German
+Reichstag, known as the Auer Motion, is very careful and appreciative,
+but Dr. Schaeffle takes care to disentangle the really Socialistic
+element in them, and will only support the introduction of Labour Boards
+and Labour Chambers as consultative bodies, not as holding any power of
+control over the Inspectorate. He is willing to allow to the working
+classes full vent for their grievances, but dreads to see them entrusted
+with the actual power of remedying them.
+
+His plea for more international exchange of opinions and international
+uniformity of practice is one which must be echoed by all who have the
+cause of Labour at heart. To that larger sense of brotherhood which
+extends beyond the bounds of country we must look for the accomplishment
+of the Social Revolution which is surely on the way. On a task so large,
+and involving such far-reaching issues to the progress of the world, the
+nations must take hands and step together if the results are to be of
+permanent value. The paralyzing dread of war, the competition of foreign
+workmen, the familiar Capitalist weapon that "trade will leave the
+country" if the workers' claims are conceded--all these dangers in the
+way can only be met by the drawing closer of international bonds, by the
+intercommunication of those in all countries who are fired by the new
+ideals, and are making towards an ordered Social peace out of the chaos
+of conflicting and competing energies and interests in which we live.
+
+It cannot but be well to be reminded, as Dr. Schaeffle reminds us, of the
+strong expression of opinion uttered by the Berlin International Labour
+Conference as to the beneficial results which might be looked for from a
+series of such gatherings, or to ask ourselves, why should not England
+be the next to convene a Labour Conference to gather up the experiences
+of the last few years, which have been so full of movement and agitation
+in the Labour world, as well as to give to other nations the benefit of
+the earnest and strenuous investigations, now nearly drawing to a close,
+of our own Royal Commission on Labour?
+
+At the request of Dr. Schaeffle, the von Berlepsch Bill, which has been
+brought in by the German Government in order to carry out the
+recommendations of the Berlin Conference, has been inserted as an
+Appendix at the end of the English edition.
+
+A. C. MORANT.
+
+
+
+
+CONTENTS.
+
+
+BOOK I.
+
+ PAGE
+INTRODUCTORY 1
+
+CHAPTER
+
+ I. DEFINITION OF LABOUR PROTECTION 7
+
+ II. CLASSIFICATION OF INDUSTRIAL WAGE-LABOUR
+ FOR PURPOSES OF PROTECTIVE LEGISLATION.--DEFINITION
+ OF FACTORY LABOUR 23
+
+ III. SURVEY OF THE EXISTING CONDITIONS OF LABOUR PROTECTION 45
+
+ IV. MAXIMUM WORKING-DAY 53
+
+
+BOOK II.
+
+ V. PROTECTION OF INTERVALS OF WORK.--DAILY
+ INTERVALS.--NIGHT REST AND HOLIDAYS 114
+
+ VI. ENACTMENTS PROHIBITING CERTAIN KINDS OF WORK 126
+
+ VII. EXCEPTIONS TO PROTECTIVE LEGISLATION 140
+
+VIII. PROTECTION IN OCCUPATION.--PROTECTION OF
+ TRUCK AND CONTRACT 146
+
+ IX. RELATION OF THE VARIOUS BRANCHES OF LABOUR
+ PROTECTION TO EACH OTHER 161
+
+ X. TRANSACTIONS OF THE BERLIN LABOUR CONFERENCE,
+ DEALING WITH MATTERS BEYOND THE RANGE OF LABOUR
+ PROTECTION.--DALE'S DEPOSITIONS ON COURTS OF
+ ARBITRATION, AND THE SLIDING SCALE OF WAGES
+ IN MINING 164
+
+ XI. THE "LABOUR BOARDS" AND "LABOUR CHAMBERS"
+ OF SOCIAL DEMOCRACY 171
+
+ XII. FURTHER DEVELOPMENT OF PROTECTIVE ORGANISATION 187
+
+XIII. INTERNATIONAL LABOUR PROTECTION 196
+
+ XIV. THE AIM AND JUSTIFICATION OF LABOUR PROTECTION 205
+
+
+APPENDIX--
+
+ I. INDUSTRIAL CODE AMENDMENT BILL (GERMANY) 211
+
+
+
+
+THEORY AND POLICY OF LABOUR PROTECTION.
+
+
+
+
+BOOK I.
+
+
+
+
+INTRODUCTORY.
+
+
+In past years German Social Policy was directed chiefly to _Labour
+Insurance_, in which much entirely new work had to be done, and has
+already been done on a large scale; but in the year 1890 it entered upon
+the work of _Labour Protection_, which was begun long ago in the
+Industrial Code, and this work must still be carried on further and more
+generally on the same lines.
+
+This result is due to the fact that the Emperor William II. has
+inscribed upon his banner this hitherto neglected portion of social
+legislation (which, however, has long been favoured by the Reichstag and
+especially by the Centre), has placed it on the orders of the day among
+national and international questions, and has launched it into the
+stream of European progress with new force and a higher aim.
+
+The subject is one of the greatest interest in more than one respect.
+
+It was to all appearance the cause of the retirement of Prince Bismark
+into private life. Some day, perhaps, the historian, in seeking an
+explanation of this important event in the world's history, will inquire
+of the political economist and social politician, whether Labour
+Protection, as conceived by the Emperor--especially as compared to
+Labour Insurance--were after all so bold a venture, so new a path, so
+daring a leap in the dark as to necessitate the retirement of that great
+statesman. I am inclined to answer in the negative, and to assume that
+the conversion of Social Policy to Labour Protection was the outward
+pretext rather than the real motive of the unexpected abdication of
+Prince Bismark of his leading position in the State. The collective
+result of my inquiry must speak for itself on this point.
+
+The turn which Social Policy has thus taken in the direction of Labour
+Protection, raises the question among scientific observers whether it is
+true that the science of statecraft has thus launched forth upon a path
+of dangerous adventure and rash experimentation, and grappled with a
+problem, compared with which Prince Bismark's scheme of Labour Insurance
+sinks into insignificance. Party-spirit, which loves to belittle real
+excellence, at present lends itself to the view which would minimise the
+significance of Labour Insurance as compared with Labour Protection. But
+this is in my opinion a mistake. Though it is impossible to overestimate
+the importance for Germany of this task of advancing over the ground
+already occupied by other nations, and of working towards the
+introduction of a general scheme of international Labour Protection
+calculated to ensure international equilibrium of competition, yet in
+this task Labour Protection is, in fact, only the necessary supplement
+to Labour Insurance. Both are of the highest importance. But neither the
+one nor the other gives any ground for the charge that we are playing
+with the fires of social revolution. The end which the Emperor William
+sought to attain at the Berlin Conference, in March, 1890, and by the
+Industrial Code Amendment Bill of the Minister of Commerce, _von
+Berlepsch_, is one that has already been separately attained more or
+less completely in England, Austria and Switzerland. It is in the main
+merely a question of extending the scope of results already attained in
+such countries, while what there is of new in his scheme does not by any
+means constitute the beginning of a social revolution from above. The
+policy of the Imperial Decree of February 4th, 1890, and of the Bill of
+_von Berlepsch_, in no wise pledges its authors to the Radicals. A calm
+consideration of facts will prove incontestably the correctness of this
+view.
+
+However, it is not any politico-economic reasons there may have been for
+the retirement of Prince Bismark, nor the very common habit of
+depreciating the value of Labour Insurance, nor yet the popular theory,
+false as I believe it to be, that the Emperor's policy of Labour
+Protection is of a revolutionary character, which leads me to take up
+once again this well-worn theme.
+
+If the "Theory and Policy of Labour Protection" were by this time full
+and complete, I would willingly lay it aside in order to take into
+consideration the significance of Bismark's retirement from the point of
+view of social science, or to attempt to reassure public opinion as to
+the conservative character of the impending measures of Labour
+Protection. But this is not the case.
+
+It is true we have before us an almost overwhelming mass of material in
+the way of protocols, reports of commissions, judicial decisions,
+resolutions and counter-resolutions, proposals, petitions and motions,
+speeches and writings, pamphlets and books. But we are still far from
+having, as the result of a clear and comprehensive survey of the whole
+of this material, a complete theory of Labour Protection; for the
+political problems of Labour Protection, especially those touching the
+so-called Maximum Working Day and the organisation of protection, are
+more hotly disputed than ever. In spite of the valuable and careful
+articles on Labour Protection, in the _Encyclopaedia_, of von Schoenberg
+and of Conrad, with their wealth of literary illustration, in spite of
+the latest writings of Hitze,[1] which, for moderation and clearness,
+vigour of thought, and wealth of material, cannot be too highly
+commended, there still remains much scientific work to be done. I myself
+have actually undertaken a thorough examination of all this literary and
+legislative material, in view of the national and international efforts
+of to-day towards the progressive development of Labour Protection, with
+the result that I am firmly convinced that both Theory and Policy of
+Labour Protection are still deficient at several points, and in fact
+that we are far from having placed on a scientific footing the dogmatic
+basis of the whole matter.
+
+We have not yet a sufficiently exact definition of the meaning of Labour
+Protection, nor a clear distinction between Labour Protection and the
+other forms of State-aids to Labour, as well as of other aids outside
+the action of the State.
+
+We have not a satisfactory classification of the different forms of
+Labour Protection itself with reference to its aim and scope,
+organisation and methods.
+
+We still lack--and it was seriously lacking at the Labour Conference at
+Berlin--a fundamental agreement as to the grounds on which Labour
+Protection is justified, its relation to freedom of contract, and the
+advisability of extending it to adults.
+
+The discussion is far from being complete, not only with reference to
+the real problems of Labour Protection, but also and especially with
+reference to the organs, methods and course of its administration. Many
+proposals lie before us, some of which are open to objection and some
+even highly questionable.
+
+But we find scarcely any who advocate the simplification and cheapening
+of this organisation in connection with the systematised collective
+organisation of all matters pertaining to labour, together with the
+separation, as far as possible, of such organisation from the regular
+administrative organs.
+
+The proposals of Social Democracy with respect to "Labour-boards" and
+"Labour-chambers," are hardly known in wider circles, and have nowhere
+received the attention to which in my opinion they are entitled.
+
+The proposed legislation for the protection of labour offers therefore a
+wide field for careful and scientific investigation. I have prepared the
+following pages as a contribution to this task.
+
+FOOTNOTE:
+
+[1] _Protection for the Labourer!_ Cologne, 1890.
+
+
+
+
+CHAPTER I.
+
+DEFINITION OF LABOUR PROTECTION.
+
+
+The meaning of the term Labour Protection admits of an extension far
+beyond the narrow and precise limits which prevailing usage has assigned
+to it, and beyond the sphere of analogous questions actually dealt with
+by protective legislation.
+
+In its most general meaning the term comprises all conceivable
+protection of every kind of labour: protection of all labour--even for
+the self-supporting, independent worker; protection in
+service-relations, and beyond this, protection against all dangers and
+disadvantages arising from the economic weakness of the position of the
+wage-labourer; protection of all, not merely of industrial
+wage-labourers; protection not by the State alone, but also by
+non-political organs; the ancient common protection exercised through
+the ordinary course of justice and towards all citizens, and thus
+towards labourers among the rest. All this so far as the actual word is
+concerned may be included in the term Labour Protection.
+
+But to use it in this sense would be to incur the risk of falling into a
+hopeless confusion as to the questions which lie within the scope of
+actual Labour Protection, and of running an endless tilt against
+fanciful exaggerations of Labour Protection.
+
+The term Labour Protection, according to prevailing usage and according
+to the aim of the practical efforts now being made to realise it, has a
+much narrower meaning, and this it is which we must strictly define and
+adhere to if we wish to avoid error and misconception. Our first task
+shall be to determine this stricter definition; and here we find
+ourselves confronted by a series of limitations.
+
+(1) Labour Protection signifies only protection against the special
+dangers arising out of service-relations, out of the personal and
+economic dependence of the wage-labourer on the employer.
+
+Labour Protection does not apply therefore to independent workers: to
+farmers or masters of handicrafts, to independent workers in the fine
+arts and liberal professions. Labour Protection applies merely to
+wage-labourers.
+
+For this reason Labour Protection has no connection with any aids to
+labour, beyond the limits of protection against the employer in
+service-relations; it has nothing to do with any attempts to ward off
+and remedy distress of all kinds, and otherwise to provide for the
+general welfare of the working classes; its scope does not extend to
+provisions for meeting distress caused by incapacity for work, or want
+of work, _i.e._ Labour Insurance, nor to the prevention and settlement
+of strikes, nor to improved methods of labour-intelligence, nor to
+precautions against disturbances of production or protection against the
+consequences of poverty by various methods of public and private
+charity, savings-banks, public health-regulations, inspection of food,
+and suppression of usury by common law. Although these are mainly or
+principally concerned with labourers, and are attempts to protect them
+from want, yet they are not to be included in Labour Protection in its
+strict sense. For this, as we have seen, includes only those measures
+and regulations designed to protect the wage-labourer in his special
+relations of dependence on his employer.
+
+And indeed we must draw the limit still closer, and apply the word only
+to the relations between certain defined wage-earners and certain
+defined employers. Measures which are designed to protect the entire
+labouring class or the whole of industry, do not, strictly speaking,
+belong to the category of Labour Protection. Neither can we apply the
+term to that protection which workmen and employers alike should find
+against the recent abnormal development of prison competition, although
+by recommending this measure in their latest Industrial Rescript (the
+Auer Motion[2]) the Social Democrats by a skilful move have won the
+applause of small employers especially. For the same reason we do not
+include protection by criminal law against the coercion of non-strikers
+by strikers, exercised through personal violence, intimidation or abuse;
+these are measures to preserve freedom of contract, but they have no
+connection with the relations of certain defined wage-earners to certain
+defined employers. Furthermore, Labour Protection does not include
+preservation of the rights of unions, and of freedom to combine for the
+purpose of raising wages, except or only in so far as particular
+employers, singly or in concert, by means of moral pressure or
+otherwise, seek to endanger the rights of particular wage-earners in
+this respect. It is almost unnecessary to add that Labour Protection
+does not include the "protection of national labour" against foreign
+labourers and employers, by means of protective duties, for this is
+obviously not protection against dangers arising from the service
+relations between certain defined wage-earners and employers.
+
+But although none of these measures of security that we have enumerated
+are to be included in Labour Protection, we must on the other hand guard
+against mistaken limitations of the term. It would be a mistaken
+limitation to include only security against material economic dangers in
+and arising from the relations of dependence, and to exclude moral and
+personal safeguards in these relations--protection of learning and
+instruction, of education, morality and religion, in a word the complete
+protection of family life.
+
+Labour Protection does not indeed include the whole moral and personal
+security of the wage-earner, but it does include it, and includes it
+fully and entirely, in so far as the dangers which threaten this
+security arise out of the _condition of dependence of the worker_ either
+within or beyond the limits of his business. The whole scope of Labour
+Protection embraces all claims for security against inhumane treatment
+in service-relations, treatment of the labourer "as a common tool," in
+the words of Pope Leo XIII.
+
+(2) Labour Protection does not include the free self-help of the worker,
+nor free mutual help, but only a part (cf. 3) of the protection afforded
+to wage-earners by the State, if necessary in co-operation with
+voluntary effort.
+
+Labour Protection in its modern form is only the outcome of a very old
+and on the whole far more important kind of Labour Protection, in the
+widest sense of the term, which far from abolishing the old forms of
+self-help and mutual help, actually presupposes them, strengthens,
+ensures and supplements them wherever the more recent developments of
+national industry render this necessary. Labour Protection, properly so
+called, only steps in when self-help and mutual help, supplemented by
+ordinary State protection, fail to meet the exigencies of the situation,
+whether momentarily and on account of special circumstances, or by the
+necessities of the case.
+
+This second far-reaching limitation of the meaning needs a little
+further explanation.
+
+Labour Protection in its more extended sense always meant and must still
+mean, first and foremost, self-help of the workers themselves; in part,
+individual self-help to guard against the dangers of service, in part,
+united self-help by means of the class organisation of trades-unions.
+
+Side by side with this self-help there has long existed a comprehensive
+system of free mutual help.
+
+This assumes the form of family protection exercised by relations and
+guardians against harsh employers, and by the father, brother, etc., in
+their relation of employers in family industries; also the somewhat
+similar form of patriarchal protection extended by the employer to his
+workpeople.
+
+Furthermore it includes that protection afforded by the pressure of
+religion, the common conscience or public opinion upon the consciences
+of employers, acting partly through the organs of the press, clubs, and
+other vehicles of expression, as well as through non-political public
+institutions, and corporate bodies of various kinds, especially and more
+directly through the Church, and also indirectly through the schools.
+
+Without family and patriarchal protection, without the protection
+afforded by civil morality and religious sentiment, Labour Protection,
+in its strict sense, working through the State alone, would be able to
+effect little.
+
+Family and patriarchal protection outweigh therefore in importance all
+more modern forms of Labour Protection, and will always continue to be
+the most efficacious. The protection of the Church has always been
+powerful from the earliest times.
+
+Self-help and mutual help, moral and religious, effect much that
+State-protection could not in general effect, and therefore it is not to
+be supposed that they could be dispensed with. But they must not be
+included in Labour Protection, strictly so called, for this only
+includes protection of labour by the State, and indeed only a part even
+of this (cf. 3).
+
+(3) For instance, Labour Protection does not include all judicial and
+administrative protection extended by the State to the wage-labourer,
+but only such special or extraordinary protection as is directed against
+the dangers arising from service relations, and is administered through
+special, extraordinary organs, judicial, legislative and representative.
+This special protection has become necessary through the development of
+the factory system with its merciless exploitation of wage-labour, and
+through the weakening of the patriarchal relations in workshops and in
+handicrafts. In this respect Labour Protection is the special modern
+development of the protection of labour by the State.
+
+Labourers and employers alike are guaranteed an extensive protection of
+life, health, morality, freedom, education, culture, and so on, by the
+ordinary protective agencies of justice and of police, exercised
+impartially towards all citizens, and claimed by all as their right.
+Long before there was any talk of Labour Protection, in the modern sense
+of the term, this kind of protection existed for wage-labour as against
+employers. But in the strict sense of the term Labour Protection
+includes only the special protection which extends beyond this ordinary
+sphere, the special exercise of State activity on behalf of labourers.
+
+Even where this extraordinary or special Labour Protection is exercised
+by the regular administrative and judicial authorities, it still takes
+the form of special regulations of private law, punitive and
+administrative, directed exclusively or mainly to the protection of
+labourers in their service-relations. To this extent, at any rate, it
+has a special and extraordinary character. Very frequently, as for
+instance in the German Industrial Code, such protection is placed in the
+hands of the ordinary administrative and judicial authorities, and a
+portion of it will continue to be so placed for some time to come.
+
+But the administration of Labour Protection, properly so called, is
+tending steadily to shift its centre of gravity more and more towards
+special extraordinary organs. These organs are partly executive
+(hitherto State-regulated factory inspection and industrial courts of
+arbitration), but they are also partly representative; the latter may be
+appointed exclusively for this purpose, or they may also be utilized for
+other branches of work in the interests of the labourer and for the
+encouragement of national industry, and they bear in their organisation,
+or at least to some extent in their action, the character of public
+institutions.
+
+(4) Labour Protection is essentially protection of industrial
+wage-labour, and excludes on the one hand the protection of agricultural
+workers and those engaged in forestry, as well as of domestic servants,
+and on the other hand, the protection of State officials and public
+servants.
+
+It may no doubt be that special protection is also needed for
+non-industrial wage-labour and for domestic servants, but the material
+legal basis, the organisation and methods of procedure, of these further
+branches of Labour Protection, will demand a special constitution of
+their own. The regulations of domestic service and the Acts relating to
+State-service in Germany constitute indeed a kind of Labour Protection,
+certainly very incomplete, and quite distinct from the rest of Labour
+Protection, properly so-called. Even if the progress of the Social
+Democratic movement in this country were to bring on to the platform of
+practical politics the measure already demanded by the Social Democrats
+for the protection of agricultural industry[3] on a large scale, even
+then protection of those engaged in agriculture and forestry would need
+to receive a special constitution, as regards the courts through which
+it would be administered, the dangers against which it would be
+directed, and its methods and course of administration. Whilst therefore
+we readily recognise that both protection of domestic servants and a
+far-reaching measure of agricultural Labour Protection, in the strict
+sense of the term, may eventually supervene, we yet maintain that this
+must be sharply distinguished for purposes of scientific, legislative,
+and administrative treatment from what we at present understand by
+Labour Protection.
+
+Moreover, even now agricultural labour is not entirely lacking in
+special protection. The regulations for domestic service contain
+fragments of protection of contract and truck protection. Russia has
+passed a law for the protection of agricultural labour (June 12, 1886)
+in Finland and the so-called western provinces, which regulates the
+peculiar system of individual and plural[4] agreements between small
+holders and their dependents, and is also designed to afford protection
+of contract to the employer.
+
+(5) The industrial wage-labour dealt with by the Industrial Code, and
+the industrial wage-labour dealt with by State Protection, are not
+entirely identical, though nearly so.
+
+For on the one hand there are wage-labourers employed in occupations not
+included in industrial labour in the sense of the Code, who yet stand in
+need of special protection from the State; while on the other hand there
+are bodies of industrial labourers dealt with in the Code, who do not
+need or who practically cannot have this extraordinary protective
+intervention of the State, being already supplied with the various
+agencies of free self-help, family insurance, and mutual aid.
+
+When we are concerned with Labour Protection therefore, both in theory
+and practice, it is evident that we have to deal with industrial
+wage-labour in a limited sense, not in the general sense in which the
+term occurs in the Industrial Code, while at the same time we must not
+fail to recognise that even the older Industrial Acts, in so far as they
+referred to wage-labour, were already Labour-protective Acts of a kind.
+
+The limits of wage-labour as affected by the Industrial Code, and of
+wage-labour as affected by State protection, have this in common, that
+both extend far beyond wage-service in manufacturing business
+(industry, in its strict sense). For this reason we must examine into
+this point a little more closely in order to determine the exact scope
+of Labour Protection.
+
+In our present Industrial Code the terms "industrial labour" and
+"industrial establishments" are almost uniformly used in the sense given
+to them by the German Industrial Code of 1869. Industrial labour is
+wage-labour in all those occupations within the jurisdiction of the
+Code.
+
+But the Code gives no positive legal definition of the word "industry."
+Both in administrative and judicial reference the word is used loosely
+as in common parlance, and the Code only particularises certain
+industries out of those with which it deals as requiring special
+regulations and special organs for the administration of these special
+regulations.
+
+According to administrative and judicial usage in Germany, corresponding
+to customary usage, the word "industry" is now applied to all such
+branches of legitimate private activity as are directed regularly and
+continuously towards the acquirement of gain, with the following
+exceptions: agriculture and forestry (market-gardening excepted),
+cattle-breeding, vine-growing, and the manufacturing of home-raised
+products of the soil (except in cases where the manufacturing is the
+main point and the production of the material only a means towards
+manufacturing, as in the case of sugar refineries and brandy
+distilleries).
+
+In spite of this last limitation the meaning of the term "industrial
+labour," as used in the Code, extends far beyond the limits of
+wage-labour in the manufacturing of materials. For the provisions of
+the Imperial Industrial Code for the protection of labour expressly
+include, either wholly or partially, mining industries, commerce,
+distribution, and all carrying industries other than by rail and sea.
+
+But the need of Labour Protection is also felt in certain occupations
+which are indeed counted as industries in common parlance, but which are
+expressly excluded from the jurisdiction of the Industrial Code; amongst
+these are the fisheries, pharmacy, the professions of surgery and
+medicine, paid teaching in the education of children, the bar and the
+whole legal profession, agents and conductors of emigration, insurance
+offices, railroad traffic and traffic by sea, _i.e._ as affecting the
+seamen.
+
+Clearly no exception ought to be taken to the extension of Labour
+Protection to any single one of these branches of industry, in so far as
+they are carried on by wage-labourers in need of protection. This ought
+especially to apply to private commercial industries with reference to
+Sunday rest, and to public means of traffic, in the widest sense of the
+term, and to navigation. A fairly comprehensive measure of protection
+for this last branch of work has already been provided in Germany by the
+Regulations for Seamen of December 27, 1872.
+
+Furthermore, the need of protection also exists in callings which do not
+fall under the head of industries even in the customary use of the term.
+Taking our definition of industry as an exercise of private activity for
+purposes of gain, we clearly cannot include in it the employments
+carried on under the various communal, provincial and imperial
+corporate bodies, at least such of them as are not of a purely fiscal
+nature, but are directed towards the fulfilment of public or communal
+services, not even such as are worked at a profit. There is clearly,
+however, a necessity for protection in government work, and this has
+already been recognised (cf. the _von Berlepsch_ Bill, art. 6, Sec. 155, 2,
+Appendix).
+
+The legislative machinery of Labour Protection is not confined to the
+Industrial Code. There are two ways of enacting such protection: extra
+protection going beyond the ordinary Industrial Regulations may be
+enacted by way of amendments or codicils to their ordinary protective
+clauses, or on the other hand it may be lodged in special laws and
+enactments, to be worked by specially constituted organs. The latter
+method has to be followed in the case of municipal or State-controlled
+means of traffic. In Germany, Labour Protection in mining industries is
+supplied by the Industrial Code, with special additions however in the
+form of Mining Acts to designate the scope of the protection and the
+means through which it works. There are, moreover, also special Acts,
+such as those which apply to the manufacture of matches.
+
+All wage-earners, not only those protected by the Industrial Code, but
+also those protected by special acts and special organs, are included in
+that industrial wage-labour which comes within the scope of protective
+legislation. By industrial wage-earners we mean therefore all such
+wage-earners as need protection in the dependent relations of service,
+whether such be enumerated in the Industrial Code or by definition
+expressly excluded from it.
+
+This is the conclusion at which the Berlin Conference also finally
+arrived. The report of the third commission (pp. 77 and seq.) states:
+"Before concluding its task, the third commission has deemed it
+advisable to define the strict meaning of certain terms used in the
+Resolutions adopted, especially the phrase 'industrial establishments'"
+(_etablissements industriels_). Several definitions were proposed. First
+the delegate from the Netherlands proposed the following definition: "An
+industrial establishment is every space, enclosed or otherwise, in which
+by means of a machine or at least ten workmen, an industry is carried
+on, having for its object the manufacture, manipulation, decoration,
+sale or any kind of use or distribution of goods, with the exception of
+food and drink consumed on the premises."
+
+The proposal of the Italian delegates ran as follows: "Any place shall
+be called an industrial establishment in which manual work is carried on
+with the help of one or more machines, whatever be the number of workmen
+employed. Where no engine of any kind is used, an industrial
+establishment shall be taken to mean any place where at least ten
+workmen work permanently together."
+
+A French delegate, M. Delahaye, read out the following suggestion, which
+he proposed in his own name: "An industrial establishment denotes any
+house, cellar, open, closed, covered or uncovered place in which
+materials for production are manufactured into articles of merchandise.
+Moreover, a certain number (to be agreed on) of workmen must be engaged
+there, who shall work for a certain number (to be agreed on) of days in
+the year, or a machine must be used."
+
+The Spanish delegate stated that he would refrain from voting on the
+question, because he was of opinion that instead of using the term
+"industrial establishment," it would be better to say "the work of any
+industries and handicrafts which demand the application of a strength
+greater than is compatible with the age and physical development of
+children and young workers." According to his opinion no weight ought to
+be attached to the consideration whether the work is carried on within
+or outside of an establishment. After a discussion between the delegates
+from France, Belgium and Holland, and after receiving from the
+Luxembourg delegate a short analysis of foreign enactments on this
+point, the Committee unanimously adopted a proposal made by the
+delegates from Great Britain, and supported by Belgium, Germany,
+Hungary, Luxembourg, and Italy. The proposal was as follows: "By
+'industrial establishments' shall be understood those which the Law
+regulating work in the various countries shall designate as such whether
+by means of definition or enumeration."
+
+A consideration of the discussions raised in paragraphs 1 to 5 results
+in the following definition of Labour Protection: _the extraordinary
+protection extended to those branches of industrial wage-labour which
+claim, and are recognized as requiring, protection against the dangers
+arising out of service relations with certain employers, such
+protection being exercised by special applications of common law,
+punitive and administrative, either through the regular channels or by
+specially appointed administrative, judicial, and representative
+organs._
+
+The Resolutions of the Berlin Conference, and the protective measures
+submitted to the German Reichstag early in the year 1890, have, as we
+shall find, strictly confined themselves to this essentially limited
+definition of Labour Protection.
+
+It appears as though hitherto no clear theoretical definition of the
+idea of Labour Protection has been forthcoming. But the necessity for
+drawing a sharp distinction at least between Labour Protection and all
+other kinds of care for labour is often felt. Von Bojanowski speaks very
+strongly against vague extensions of the meaning: "The matter would
+become endlessly involved," he says, "if, as has already happened in
+some cases, we were to extend the idea of protective legislation to
+include all such enactments (arising out of other possibilities based
+upon other considerations) as grant aid to workers in any kind of work
+or in certain branches of work, or such as are based on the rights of
+labour as such, and are therefore general in their application, or such
+as seek to further all those united efforts which are being made in
+response to the aspirations of the working population or from
+humanitarian considerations. This would result either in confounding it
+with an idea which we ought always carefully to distinguish from it, an
+idea unknown in England, that of the so-called 'committee of public
+safety,' or it would lead to more or less arbitrary experiments."
+
+FOOTNOTES:
+
+[2] A motion brought forward in the German Reichstag in July, 1885, and
+again in 1890 in the form of an amendment to the Industrial Code, by all
+the Social Democratic members sitting there; called after Auer, whose
+name stands alphabetically first on the list of backers.--ED.
+
+[3] For regulating the use of machinery in agriculture. (See the Auer
+Motion.)
+
+[4] The _artell_ system, under which groups of labourers with a chosen
+leader contract themselves to the various employers in turn, for the
+performance of special agricultural and other operations.
+
+
+
+
+CHAPTER II.
+
+CLASSIFICATION OF INDUSTRIAL WAGE-LABOUR FOR PURPOSES OF PROTECTIVE
+LEGISLATION.--DEFINITION OF FACTORY-LABOUR.
+
+
+Those forms of industrial wage-labour which are dealt with by protective
+legislation do not all receive the same measure of protection, nor are
+they all dealt with according to the same method. This is only to be
+expected from the constitution of Labour Protection, which is an
+extraordinary exercise of State interference in cases where it is
+specially necessary.
+
+All over the world we find that industrial wage-labour requires
+protection of various kinds, differing, that is, not only in its nature
+but in the course and method of its application. On account of these
+very differences, before we can go a step further in the elucidation of
+the Theory and Policy of Labour Protection, we must divide industrial
+wage-labour into classes, according to the kind of protection which is
+needed, and the manner in which such protection is applied by protective
+legislation. It will now be our task, therefore, to classify them, and
+to be sure that we arrive at a clear idea of the various classes into
+which they fall for the purposes of protective legislation, some of
+which may not perhaps be readily apparent at first sight.
+
+The varieties of protection needed by industrial wage-labour arise,
+partly out of dangers peculiar to the particular occupation in which the
+wage-labourer is employed, and partly out of the personal
+characteristics and position of the labourer to be protected; _i.e._
+they are partly exterior and partly personal.
+
+When the protection is against exterior dangers we have to consider
+sometimes the great diversity of conditions in the different occupations
+and industries, and sometimes the special manner in which workmen may be
+affected within the limits of a single occupation peculiar to some
+special branch of industry. When the protection is of the kind which I
+have called personal, the need for it arises partly out of the special
+dangers to which the protected individual is liable _outside_ the actual
+limits of his business, partly out of the special dangers attached to
+his position _in_ that business.
+
+Hence results the following classification of industrial wage-labour,
+according to the kind of protection required:--
+
+I. Labourers requiring protection against _exterior_ dangers:
+
+
+ _a._ According to the kinds of occupation:
+
+ 1. Having reference to the different branches of industry:
+
+ Wage-labour in mining, manufacture, trade, traffic and transport,
+ and in service of all kinds.
+
+ 2. Having reference to the special dangers of employment within any
+ particular branch of industry: dangerous--non-dangerous work.
+
+ _b._ According to type of business:
+
+ 1. Having reference to the position or personality of the employer:
+
+ Wage-labour under private employers--wage-labour under government.
+
+ 2. Having reference to the choice of the labourers by the employer,
+ and the nature of their mutual relations.
+
+ Factory-labour,
+
+ Quasi-factory labour (especially labour in workshops of a similar
+ nature to factories), other kinds of workshop labour,
+
+ Household industries (home-labour),
+
+ Family labour.
+
+
+II. Labourers requiring protection against _personal_ dangers:
+
+
+ _a._ Having reference to the common need of protection as men and
+ citizens.
+
+ 1. Adult--juvenile workers;
+
+ 2. Male--female workers;
+
+ 3. Married--unmarried female workers;
+
+ 4. Apprentices--qualified wage-workers;
+
+ 5. Wage-workers subject to school duties--exempt from school
+ duties,
+
+ _b._ Having reference to the need of protection arising out of
+ differences in the position occupied by the wage workers in the
+ business:
+
+ Skilled labourers (such as professional wage-workers, business
+ managers, overseers and foremen; or technical wage-workers,
+ mechanics, chemists, draughtsmen, modellers); unskilled labourers.
+
+
+I. PROTECTION AGAINST EXTERIOR DANGERS.
+
+A glance at existing legislation on Labour Protection, or even only at
+the various paragraphs of the _von Berlepsch_ Industrial Code Amendment
+Bill, clearly shows the definite significance of all these foregoing
+classes in the codification of protective right. Each one of these
+classes is treated both generally and specifically in the Labour Acts.
+
+Mining industries, industrial (manufacturing) work, and wage service in
+trade, traffic, and transport, do not all receive an equal measure of
+Labour Protection.
+
+Differences in the danger of the occupation play a great part in the
+labour-protective legislation of every country.
+
+Labour Protection has therefore hitherto been, and will probably for
+some time continue to be in effect, protection of factory and
+quasi-factory labour (I.B. 2, _supra_), but in all probability it will
+gradually include protection of household industry also. Even the
+English Factory and Workshop Acts do not, however, extend protection to
+wage-labour in family industry.
+
+Business managers have hitherto received no protection, or a much
+smaller measure than that extended to common wage-labourers.
+
+Furthermore, Labour Protection has hitherto been administered through
+different channels, according as it is applied to professions of a
+public nature, in which discipline is necessary, especially the
+military profession, or to professions of a non-public nature.
+
+Lastly, with regard to individual differences of need for labour
+protection, adult labour has hitherto received only a restricted measure
+of protection, whereas the labour of women and children has long been
+fairly adequately dealt with; the prohibition of employment of married
+women in factory-labour still remains an unsolved problem in the domain
+of Labour Protection question, but it is a measure that has already
+received powerful support.
+
+It must of course be understood that Labour Protection is still in
+process of development. But according to all present appearances, there
+is no prospect, at any rate for some time to come, of its general
+extension to all classes of industrial wage-labour, for instance that
+the prohibition of night work will be extended to all adult male
+labourers, or that Sunday work will be absolutely prohibited in carrying
+industries and in public houses. We must even do justice to the Auer
+Motion in the Reichstag, by acknowledging that it does not go the length
+of demanding the universal application of such protection.
+
+In the existing positive laws, and in the further demands for protection
+put forward at the present day, mining industries hold the first place,
+then all kinds of work dangerous to life and health, household industry,
+the labour of women and young persons, and the labour of married women.
+The reader will easily understand the reasons for this; he only requires
+to establish clearly in his own mind, for each of these classes of
+industrial wage-labour, the grounds on which the claim to such
+objective and subjective protection is based, and wherein they differ
+from the cases where free self-help and mutual help suffice, or even the
+ordinary protection afforded by the State. However, this special inquiry
+is not necessary here; the explanation desired will be found in the
+study of the several applications and modes of operation of Labour
+Protection dealt with in the following pages.
+
+But on the other hand it is important that we should now endeavour to
+form a clear idea of those larger divisions of industrial wage-labour
+with which a protective code has to deal, in order that we may be sure
+of our ground in proceeding with our investigations.
+
+
+_Factory-Labour._
+
+No small difficulty arises from the question: "What is factory-labour?"
+And yet it is precisely this kind of wage-labour which has received the
+most comprehensive measure of protection, and become the standard by
+which protection is meted out to all similar kinds of employment.
+
+The labour-protective laws of various governments have met the
+difficulty in various ways; but nowhere is a positive legal definition
+given of the Factory.
+
+In the case of Germany, especially, it is not easy to form a clear idea
+of the meaning attached to factory labour by the hitherto existing
+protective laws, and by the _von Berlepsch_ Industrial Bill.
+
+We may arrive at a clearer conception of what a factory really is in
+the protective sense of the word, by examining first the essential
+characteristics of such kinds of employment as are placed by the
+protective laws on the _same_ (or nearly the same) footing as factory
+labour, and then observing the peculiarities of such kinds of
+employments as are legally _excluded_ from factory-labour protection.
+
+The same characteristics in all those points in which it is affected by
+protection, will be found in the Factory, but the peculiarities of the
+other contrasted class will be absent from the Factory.
+
+In the Imperial Industrial Code, especially in the _von Berlepsch_ Bill,
+the following four categories of employment are placed on the same
+footing as the Factory; in the case of the first three the inclusion is
+obligatory, in the case of the last it is optional and depends on the
+pleasure of the Bundesrath (local authority):
+
+
+ 1. Mines, salt-pits (salines), preparatory work above ground, and
+ underground work, in mines and quarries (other than those referred
+ to in the Factory Regulations).
+
+ 2. Smelting-houses, carpenter's yards, and other building-yards,
+ wharves, and such brick-kilns, mines, and quarries as are worked
+ above ground and are not merely temporary and on a small scale.
+
+ 3. Those work-shops in which power machinery is employed (straw,
+ wind, water, gas, electricity, etc.) not merely temporarily.
+
+ 4. "Other" workshops to which factory protection (except as
+ regards working rules) can be extended under the Imperial decree,
+ at the discretion of the Bundesrath.[5]
+
+
+A common designation is needed which will include all these four
+categories.
+
+We might use the word "workshops" were it not that the employments
+enumerated in classes 1 and 2 cannot precisely be included in
+"workshops," and were it not that class 4 as it appears in protective
+legislation denotes "another kind" of workshop distinct from that of
+class 3.
+
+In default of a more accurate expression we will use therefore the term
+"quasi-factory business" as a general designation for those classes of
+business which are placed by the protective laws on the same, or
+approximately the same, footing as the Factory.
+
+Factory protection is not extended to those "workshops in which the
+workers belong exclusively to the family of the employer," therefore not
+to family-industry in workshops, and still less to family-industry not
+carried on in workshops, nor to work in the dwelling-houses of the
+employer, or (as is usually the case in household industry) of the
+worker (orders of all kinds executed at home, household industry). At
+least the new Sec. 154 of the Bill does not bring such work into any closer
+relationship than before with the Factory.
+
+By contrast and comparison the following characteristics (_a_ to _i_)
+will help us towards a fuller conception of the sense of the Factory
+from the point of view of protective legislation, as understood by the
+latest German enactments:
+
+
+ _a._ The Factory employs exclusively or mainly those who do not
+ belong to the family of the employer, and in any case _not merely
+ those who do_.
+
+ _b._ The work of a Factory is entirely carried on outside the
+ dwelling of the employer and of the wage-worker.
+
+ _c._ The work of a Factory is the preparation and manufacture of
+ commodities (industrial work, including all kinds of printing), not
+ production or first handling of raw material, as in mining
+ industries.
+
+ _d._ The work of a Factory is work in which the wage-workers are
+ constantly shut up together in buildings or in enclosures, and is
+ not work in open spaces, or which moves from place to place, as in
+ the case of work on wharves, in building yards, etc.
+
+ _e._ The work of a Factory is carried on by power machinery, hence
+ (if this inference _a contrario_ be admissible) not only
+ hand-manufacture, and thus it appears to include what I have called
+ quasi-factory business and have mentioned in class 3 (_supra_).
+
+ _f._ The work of a Factory is continuous, and
+
+ _g._ Is carried on on a large scale, and with a large number of
+ workpeople, hence (_f_ and _g_) it may be compared to the
+ quasi-factory business of class 2 (_supra_) for the purposes of a
+ protective Code.
+
+ _h._ The work of a Factory is carried on in workplaces provided by
+ the employer, not in the rooms of the workers or of a middleman.
+
+ _i._ The work of a Factory results in the immediate sale of the
+ commodities produced, and does not consign them to the wholesale
+ dealer to be prepared and dressed, or distributed by wholesale or
+ retail, _i.e._ the Factory has absolute control of the sale of the
+ commodities produced, in contradistinction to household industry.
+
+
+Thus the Factory as understood by the German labour-protective laws is
+commercially independent (characteristic _i_), industrial (_c_), carried
+on on a large scale (_g_), and continuously (_f_), in enclosed (_d_),
+specially appointed (_b_) work-rooms provided by the employer (_h_),
+with the help of power machinery (_e_), and by wage-workers not
+belonging to the family of the employer (_a_).
+
+Purely hand-manufacturing wholesale business should also be counted as
+factory-labour; for the fact that workshop business carried on with the
+help of power machinery is declared to be on the same footing as
+factory-labour means only this: that it presupposes the same need of
+protection felt in factories where the business is carried on with the
+help of power machinery, as is the case in most factories; it does not
+mean that certain kinds of manufacturing wholesale business carried on
+without power machinery (of which there are very few) should not be
+counted as factories. We are therefore justified in dropping
+characteristic _e_ of the theoretical conception of the Factory, as
+understood in Germany.
+
+Let us now look at the Swiss Factory Regulations. The Confederate
+Factory Act of March 23, 1877, has given no legal definition of the word
+"Factory," but only of "protected labour." It extends protection to "any
+industrial institution in which a number of workmen are employed
+simultaneously and regularly in enclosed rooms outside their own
+dwellings." According to the interpretation of the Bundesrath (Federal
+Council) "workers outside their dwellings" are those "whose work is
+carried on in special workrooms, and not in the dwelling rooms of the
+family itself, nor exclusively by members of one family." Furthermore,
+all parts of the Factory in which preparatory work is carried on are
+subject to the Factory Act, as well as all kinds of printing
+establishments in which more than five workmen are employed. The Swiss
+Factory Act requires that a Factory shall possess all those
+characteristics assigned to it by German protective law, with the
+exception, however, of power machinery, and hence it doubtless covers
+all manufacturing business in which a number of workmen are employed.
+
+According to Buetcher,[6] in the practical application of
+factory-protection in the Confederate States, any industrial
+establishment is treated as a factory which employs more than
+twenty-five workers or more than five power-engines, in which poisonous
+ingredients or dangerous tools are used, in which women and young
+persons (under eighteen years) are employed (with the exception of mills
+employing more than two workers not belonging to the family), and sewing
+business carried on with the help of three or four machines not
+exclusively worked by members of the family.
+
+In Great Britain the Factory and Workshop Acts of March 27, 1878, cover
+all factory labour, and the bulk of workshop business, _i.e._ all
+workshops which employ such persons as are protected by the
+Act--children, young persons, and women.
+
+This English Act again furnishes no legal definition of the term.
+"According to the meaning of the term, implied in this Act," says von
+Bojanowski, "we must understand by a factory any place in which steam,
+water, or other mechanical power is used to effect an industrial
+process, or as an aid thereto; by 'workshop,' on the other hand, we must
+understand any place in which a like purpose is effected without the
+help of such power; in neither group is any distinction to be drawn
+between work in open and in enclosed places."
+
+Under this Act _factories_ are divided into textile and non-textile
+factories. "_Workshops_ are divided into workshops generally, _i.e._
+those in which protected persons of all kinds are employed (children,
+young persons, and women), with the further subdivisions of specified
+and non-specified establishments; into workshops in which only women,
+but no children or young persons are employed; and lastly, domestic
+workrooms in which a dwelling-room serves as the place of work, in which
+no motive power is required, and in which members of the family
+exclusively are employed."
+
+Domestic work-rooms in which only women are employed do not come under
+the Act, nor yet factories, such as those for the breaking of flax,
+which employ only female labour. Bakeries are included among regulated
+workshops, _i.e._ workshops inspected under the Factory Acts, even when
+no women or young persons are employed. The Factory, as understood by
+the English law, is distinguished by most of the characteristics of the
+German acceptation of the term, without however admitting of the
+distinction of class _d_ (business carried on in an enclosed space),
+whereby protection is also afforded to what we have termed quasi-factory
+labour (see p. 36); but on the other hand a special point is made of the
+distinction of class _e_, viz. use of power machinery. Thus the English
+idea in defining the factory is to insist, not upon the number of
+persons employed, but upon the proviso that they are persons within the
+scope of the protective laws.
+
+
+_Workshop Labour._
+
+In the _von Berlepsch_ Bill this is dealt with side by side with factory
+labour. It is sometimes placed on the same footing under the various
+categories of quasi-factory labour (classes 3 and 4), sometimes it lies
+outside the limits of factory protection, in cases where the Bundesrath
+does not exercise his privilege of granting extension of protection, and
+in cases where the workshop in question is worked entirely by members of
+one family.
+
+It would be tautology to include in the definition of the workshop all
+the characteristics of the factory named in classes _a_ to _i_. There
+may be cases in which the workshop practically includes most of the
+characteristics of the factory, but it is only necessary that it should
+include the following: business carried on outside the dwelling-rooms
+(_b_); preparation and manufacture of commodities (_c_); carried on in
+enclosed places (_d_). With the other classes it is not concerned.
+According to the English Factory Acts protected workshop labour is not
+necessarily carried on in enclosed places.
+
+In treating of German workshop labour for the purposes of the _von
+Berlepsch_ Bill, and for future legislation of the same kind, we have to
+classify it as follows:
+
+
+ Workshop labour carried on with the help of power-machinery, but
+ not otherwise answering to the conditions of the factory.
+
+ Workshop labour carried on without power-machinery, by hand or by
+ hand-worked machines.
+
+ Labour in workshops where all three kinds are required, _i.e._
+ power-machinery, hand-work, and hand-worked machines (_e.g._ modern
+ costume-making in which power sewing-machines are employed.)
+
+ The old handicraft labour carried on in special workrooms, either
+ within or outside the dwelling of the worker.
+
+
+The characteristic peculiar to the three first divisions of workshops,
+and that which distinguishes them from the factory, although they in
+some respects resemble it, is that they give employment to but a very
+small number of workmen outside the limits of the family which maintains
+them.
+
+The British Factory Acts include under the head of workshops those
+businesses in which no motive power is used, but in which protected
+persons (women, children, and young persons) are employed. Workshops of
+this kind are treated with varying degrees of stringency, according to
+whether they employ protected persons of all kinds, or only women (no
+children or young persons), and according to whether they are carried on
+in domestic workshops (dwelling-rooms) or otherwise.
+
+
+_Household (home) Industry and Family Industry._
+
+Household industry, called also "home industry" in the Auer Motion is
+the industrial preparation and manufacture of commodities, not the
+production of material, nor trading, carrying, or service industry. It
+has therefore characteristic _c_ (viz. that it excludes the production
+of raw material and the initial processes in connection therewith) in
+common with the factory and all workshops, as well as with that part of
+family industry which is not included in household industry properly so
+called; the very term Household _Industry_, in fact, indicates this.
+
+The peculiarity of household industry (in the technical sense of the
+term) is that it is carried out merely at the orders and not under the
+supervision of the contractor. The Imperial Industrial Code, more
+especially the _von Berlepsch_ Bill, in extending truck protection to
+household industry, understands this term to include all industrial
+workers engaged in the preparation of commodities under the direction of
+some firm or employer, but not working on the premises of their
+employers; and these workers may or may not be required to furnish the
+raw materials and accessories for their work. The home-workers carrying
+on this kind of preparation of commodities do so as a rule not in
+special work-rooms, but in their own dwelling-rooms or houses, or in
+little courtyards, sometimes in sheds and outhouses, sometimes even in
+the open air. For the rest, they may be either a few workers out of a
+family working on their own account, or a whole family working under the
+superintendence of one of its members. The most important characteristic
+of household industry is that it is work undertaken at the orders of a
+third party, therefore that it has no commercial independence, and takes
+no part in the sale of its products (characteristic _i_ of factory
+labour); and therefore obviously we have no occasion to consider the
+other characteristics _d_, _e_, _f_, _g_, _h_, in defining household
+industry.
+
+A distinction must be drawn between household industry carried on with
+or without the intervention of middlemen; for it takes a very different
+form, according to whether the arrangements between the industrial
+home-worker on the one side, and the giver of orders and provider of
+materials on the other, are made with or without the intervention of
+special agencies for ordering, supervising, collecting, and paying
+(commission agents, contractors, sweaters). The possible removal--or at
+least control and regulation--of the middleman forms one fundamental
+problem--hitherto unsolved--of labour protection in the sphere of
+household industry, and the protection of industrial home-workers
+against their parents and against each other forms another.
+
+
+_Family Industry._
+
+Family industry to a great extent practically coincides with household
+industry, but not necessarily or entirely so; for family
+industry--meaning of course the work of preparing and manufacturing
+commodities--may be the preparation of goods for independent sale, not
+for sale by a third party in a shop or warehouse, and as a matter of
+fact this is very largely the case. Family industry sometimes even falls
+under the head of workshop labour (cf. Sec. 154 of the _von Berlepsch_
+Bill). Its distinguishing characteristic is that it employs only workers
+belonging to the same family, hence the exact reverse of the Factory
+(see characteristic _a_). It includes all those industrial pursuits "in
+which the employer is served only by members of his own family" (Bill, Sec.
+154, par. 3).
+
+
+II.--PERSONAL PROTECTION.
+
+We come now to consider the meaning of the various headings under which
+_personal_ protection falls.
+
+_Juvenile Workers._ Juvenile workers of both sexes have long been
+subject to protection, and this kind of protection is gradually
+spreading all over Europe, and in more and more extended proportions. We
+must first ascertain what is the exact meaning of the term juvenile
+workers as used in the labour-protective laws.
+
+In contrast to juvenile labour stands adult labour, or more accurately
+adult male labour, since adult women--not of course as adults but as
+women--are placed more or less on the same footing as juvenile workers
+in the matter of protective legislation.
+
+The distinction between adult wage-labour and juvenile wage-labour, and
+the subdivision of the latter into infant-labour, child-labour, and the
+labour of "young persons," is not of importance in all departments of
+labour protection, but it is of the utmost importance in _protection of
+employment_, especially in prohibition of employment on the one hand,
+and restriction of employment on the other. This prohibition and
+restriction of juvenile employment does not apply to all industries, but
+only to certain branches of industry and kinds of work, and to specially
+dangerous occupations.
+
+In order to determine exactly what is meant by infant-labour,
+child-labour, and the labour of "young persons," we must consider the
+inferior limit of age below which there is a partial prohibition of
+employment, and the superior limit of age beyond which labour is treated
+as adult labour as regards protection, receiving none, or only a very
+limited measure of it. The inferior limit does not as yet coincide with
+the beginning of school duties, nor does the superior limit coincide
+with the attainment of majority as recognised by common law.
+
+"Juvenile labour"--permitted but restricted--stands midway between
+infant-labour, altogether prohibited in some branches of industry, and
+adult labour, permitted and unrestricted, or only slightly restricted;
+and within the inferior and superior limits of age it is divided into
+child-labour and labour of "young persons."
+
+The industrial laws of northern and southern countries differ in the
+inferior limit of age which they assign to prohibited infant-labour, as
+distinguished from child-labour permitted but restricted. In Italy this
+limit has hitherto been fixed at the completion of the ninth year; in
+England and France (in textile, paper, and glass industries), in
+Denmark, Spain, Russia, and in most of the industrial States of the
+North American Union, at the completion of the tenth year; in Germany
+hitherto, and in France (in general factory-labour, in workshops,
+smelting-houses, and building-yards), in Austria, Sweden, Holland and
+Belgium (Act of 1889), at the completion of the twelfth year; in Germany
+it is fixed for the future at the completion of the thirteenth year, as
+it soon will be in France also, in all probability--and in Switzerland
+at the completion of the fourteenth year.
+
+The proposal of Switzerland at the Berlin Conference to fix the general
+inferior limit of age at 14 years was not carried. It has hitherto been
+prevented in Germany by the fact that in Saxony and elsewhere school
+duties are not exacted to the full extent as late as the age of 14.
+
+The Berlin Conference voted for fixing the limit at the completion of
+the twelfth year, while agreeing that the limit of 10 years might be
+fixed in southern countries in view of the early attainment of maturity
+in hot climates. The limit is fixed higher with regard to protection in
+certain specified dangerous or injurious occupations: for boys engaged
+in coal mines the limit of 14 years was laid down by the resolutions of
+the Berlin Conference.[7]
+
+The superior limit of age of juvenile labour in factories is fixed at 14
+years in southern countries (in those represented at the Berlin
+Conference); at 16 years in Germany, Austria, and France (in connection
+with the fixing of the maximum duration of labour); and at 18 in Great
+Britain, Switzerland, and Denmark, and probably soon in France. With
+respect to night work and dangerous work, the superior limit (especially
+for women) is placed still higher (21 years), wherever such work is not
+entirely prohibited.
+
+All wage-workers between the inferior and superior limits of age at
+which employment is permitted, are called, as already stated, "juvenile
+workers." In many countries a further division of juvenile labour is
+made, into children and "young persons." In Germany, Austria, Sweden,
+and Denmark--and in future probably in all those countries represented
+at the Berlin Conference--this division falls at the age of 14, and in
+southern countries at the age of 12 years. "Children," in the meaning
+attached to the word by labour-protective legislation, are children of
+12 to 14 years (in Germany in future 13 to 14, in Great Britain hitherto
+10 to 14); "young persons" are juvenile workers from 14 to 16 years, in
+England of 14 to 18 years. In Switzerland juvenile workers are "young
+persons" of 14 to 18 years, as none under the age of 14 are employed at
+all.
+
+_Male labour and female labour._ Women for the purposes of Labour
+Protection include all female workers enjoying special or extended
+protection, not only on account of youth, but also from considerations
+arising out of their sex and family duties. It is important that we
+should be clear on this point, in view of the demand now made for
+careful restriction of the employment of married women in
+factories,--either for the entire duration of married life or until the
+youngest child has reached the age of 14,--for the entire prohibition of
+night labour for women, and of the employment of women in certain trades
+during the periods of lying-in and of pregnancy.
+
+Just as female labour for our purpose does not mean the labour of all
+female persons, so male labour does not include all labour of male
+persons, but only of such male persons as have protection on grounds
+other than that of youth. Hitherto, male labour has only had practically
+a negative meaning in protective law, it has been used in the sense of
+the unprotected labour of adult men. The demand for a maximum working
+day for all male labourers--at least in factories--and the concession of
+this demand have given a positive signification to the term male labour,
+as affected by protective legislation.
+
+In considering the careful determination of the meaning of factory
+labour, workshop labour, household industry and family labour on the one
+hand, and child labour and female labour on the other hand, we cannot be
+too careful in guarding against undue limitations of the idea of Labour
+Protection. There are many who still take it to mean merely
+factory-protection, and indeed only factory-protection of "young
+persons."
+
+Labour Protection means something more than protection of industrial
+labour, in that it also deals with labour in mining and trading
+industry, and it must be extended still further to meet existing needs
+for protection.
+
+Neither is industrial Labour Protection factory protection alone, nor
+even factory and quasi-factory protection alone, but beyond that it is
+also workshop protection, and, especially in its latest developments,
+protection of household industry, and perhaps even more or less of
+family industry; industrial home-work especially, from the Erz-Gebirge
+in Saxony, to the London sweating dens, admits of and actually suffers,
+from an amount of oppression which calls for special Labour Protection.
+We call attention to these facts in order to clear away certain still
+widespread misconceptions before we enter upon the classification of
+labour with respect to protective legislation. Particulars will be given
+in Chapters IV. to VIII.
+
+FOOTNOTES:
+
+[5] Bill, Art. 6 (new Sec. 154).
+
+[6] Cf. Conrad's _Encyclopaedia_, vol. i. p. 154.
+
+[7] _I_, _Ia_ and 6, Resolutions of the Berlin Conference: "It is
+desirable that the inferior limit of age, at which children may be
+admitted to work underground in mines, be gradually raised to 14 years,
+as experience may prove the possibility of such a course; that for
+southern countries the limit may be 12 years, and that the employment
+underground of persons of the female sex be forbidden."
+
+
+
+
+CHAPTER III.
+
+SURVEY OF THE EXISTING CONDITIONS OF LABOUR PROTECTION.
+
+
+In the first chapter we learnt to recognise the special character of
+Labour Protection in the strict sense of the term. We must further learn
+what is its actual aim and scope.
+
+Labour Protection strictly so called, represents presumably the sum
+total of all those special measures of protection, which exist side by
+side with free self-help and mutual help, and with the ordinary state
+protection extended to all citizens, and to labourers among the rest.
+And such it really proves to be on examination of the present conditions
+and already observable tendencies of Labour Protection.
+
+We shall only arrive at a clear and exhaustive theory and policy of
+Labour Protection both as a whole and in detail by examining separately
+and collectively all the phenomena of Labour Protection.
+
+This will necessitate in the first place a comprehensive survey of the
+existing conditions of Labour Protection, and to this end a regular
+arrangement of the different forms which it takes.
+
+In sketching such a survey we have to make a threefold division of the
+subject; first, the _scope_ of Labour Protection, in the strict sense
+of the term; secondly, the various _legislative methods_ of Labour
+Protection; and thirdly, the _organisation_ of Labour Protection (as
+regards courts of administration, and their methods and course of
+procedure). In considering the scope of Labour Protection we have to
+examine the special measures adopted to meet the several dangers to
+which industrial wage-labour is exposed.
+
+The following survey shows the actual field of labour protective
+legislation, as well as the wider extension which it is sought to give
+thereto.
+
+
+I. SCOPE OF LABOUR PROTECTION.
+
+
+ _A._ Protection against material dangers.
+
+ 1. Protection of employment; and this of two kinds, viz.:--
+
+ (i.) Restriction of employment;
+
+ (ii.) Prohibition of employment.
+
+ _a._ Protection of working-time with regard to the maximum duration
+ of labour:
+
+ General maximum working-day.
+
+ Factory maximum working-day (unrestricted in the case of
+ adults--restricted in the case of "juvenile workers" and women).
+
+ _b._ Protection of intervals of rest:
+
+ Protection of daily intervals--of night-work--of holidays--Sundays
+ and festivals.
+
+ 2. Protection during work:
+
+ Against dangers to life, health, and morals, and against neglect of
+ teaching and instruction, incurred in course of work.
+
+ 3. Protection in personal intercourse:--
+
+ In the personal and industrial relations existing between the
+ dependent worker and the employer and his people
+ (truck-protection).
+
+ _B._ Protection of the status of the workman (protection in the
+ making and fulfilment of agreements) which may also be called:
+
+ Protection of agreement, or contract-protection.
+
+ 1. Protection on entering into agreements of service, and
+ throughout the duration of the contract:
+
+ Protection in terms of agreement and dismissal,
+
+ Protection against loss of character.
+
+ 2. Regulation of admissible conditions of contract, and of legal
+ extensions of contract.
+
+ 3. Protection in the fulfilment of conditions after the completion
+ of service agreements.
+
+
+II. VARIOUS LEGISLATIVE METHODS OF LABOUR PROTECTION.
+
+
+ Compulsory legal protection--protection by the optional adoption of
+ regulations.
+
+ Regulation under the code--regulation by special enactment.
+
+
+III. ORGANISATION OF LABOUR PROTECTION.
+
+
+ 1. Courts by which it is administered:
+
+ _A._ Protection by the ordinary administrative bodies--
+
+ Police,
+ Magistrates,
+ Church and School authorities,
+ Military and Naval authorities.
+
+ _B._ Protection by specially constituted bodies,
+
+ 1. Governmental:
+
+ _a._ Administrative:
+
+ Industrial Inspectorates (including mining experts),
+ "Labour-Boards,"
+ Special organs: local, district, provincial, and imperial;
+
+ _b._ Judicial:
+
+ Judicial Courts,
+ Courts of Arbitration.
+
+ 2. Representative: (trade-organisations):
+
+ "Labour-Chambers,"
+ "Labour Councillors,"
+ Councils composed of the oldest representatives of the trade,
+ Labour-councils: local, district, provincial, and imperial.
+
+
+II. METHODS OF ADMINISTRATION AND ADMINISTRATIVE RECORDS.
+
+
+ _a._ Methods:
+
+ Hearing of Special Appeals,
+ Granting periods of exemption,
+ Fixing of times,
+ Regulating of fines,
+ Application of money collected in fines, etc.
+
+ _b._ Records:
+
+ Factory-regulations,
+ Certificates of health,
+ Factory-list of children employed,
+ Official overtime list,
+ Labour log-book,
+ Inspector's report (with compulsory-publication and
+ international exchange),
+ International collection of statistics and information
+ relating to protective legislation and industrial regulations.
+
+
+The foregoing survey may be held to contain all that is included under
+Labour Protection, actual or proposed. But of the measures included
+within these limits not all are as yet in operation; and the actual
+conditions are different in the various countries.
+
+With regard to the scope of protection, those measures affecting married
+women, home-industrial work, work in trade and carrying industries, are
+still specially incomplete.
+
+With regard to the organs of administration of Labour Protection, one
+kind, viz. the representative, has at present no existence except in the
+many proposals and suggestions made as to them; this however does not
+preclude the possibility that in the course of a generation or so a rich
+crop of such organs may spring up. It is not improbable that special
+representative bodies ("labour-councils")--after the pattern of chambers
+of commerce and railway-boards, etc.--and "labour-boards" may develop
+and form a complete network over the country. Perhaps the separate
+representative and executive organs may be able to amalgamate the
+various branches of aids to labour, forming separate sections for
+Labour Protection, Labour Insurance, industrial hygiene and statistics,
+with equal representation of the administrative, judicial, technical and
+statistical elements; and thus the ordinary administration service may
+be freed from the burden of the special services which a constructive
+social policy demands.
+
+Again, the organisation of protection is not by any means the same
+everywhere.
+
+According to the foregoing classification (III. 1), the duties of
+carrying out Labour Protection are divided between the ordinary and
+extraordinary judicial and administrative authorities. The arrangements,
+however, are very different in different countries. Such countries as
+have not a complete system of authorised administrative boards and petty
+courts of justice, will avail themselves more freely of the special
+organs, particularly of the industrial inspectors, than will those
+countries with administrative systems like those of Germany and Austria;
+in comparing the spheres of operation of inspectors in various
+countries, one must not overlook the differences in the action of the
+ordinary administrative organs. Moreover, all civilized countries
+already possess special organs of protection, and it follows in the
+natural course of development of all administrative organisation, that
+the special administrative and judicial legislation which is springing
+up and increasing should possess special judicial and administrative
+courts, so soon as need for such may arise from the necessity for a
+wider application of special law in the life of the citizen.
+
+Finally, we must guard against a further misconception. Neither
+labour-boards nor labour-chambers must be confounded with those
+voluntary representative class organisations, and joint committees in
+which both classes meet together for Labour Protection, and for objects
+quite outside the sphere of Labour Protection. The labour-boards
+indicated would be special organs of a public nature, regulated by the
+State; labour-chambers would also be organs recognised and regulated by
+the State, working in consultation with the labour-boards, and
+exercising control over the labour-boards. The voluntary organs of
+association, on the other hand, with their secretaries and joint
+committees, are free representative, executive, and arbitrative organs
+of both classes. A distinction must be drawn between the public and
+voluntary organs. It is of course not impossible in all cases that the
+free "labour-chambers," in their ordinary and special meetings might
+exercise extraordinary powers, besides acting as regular and general
+organs of conciliation and arbitration. The Unions and other trade
+organisations of to-day can in their present form hardly be regarded as
+the last word in the history of labour organisation.
+
+In the second chapter we had to guard against the error of looking on
+Labour Protection merely as factory protection, and protection of women
+and juvenile workers; we must with equal insistence draw attention to
+the fact that Labour Protection is not confined in its scope to
+protection of employment, or in its organisation to the machinery of
+industrial inspection. This will be shown in Chapters IV. to VIII.
+
+The foregoing survey of the existing conditions and tendencies of
+Labour Protection makes it clear that Labour Protection in scope,
+legislative methods, and organisation, is only a means of supplementing
+and supporting in a special manner the already long established forms of
+State protection of labour (in the widest sense), and the still older
+forms of non-governmental Labour Protection (in its widest sense) the
+necessity for which arises from the special modern developments of
+industry.
+
+Labour Protection equally with compulsory insurance, from which it is
+however quite distinct, does not preclude the voluntary efforts which
+are made in addition to legal measures, nor the help rendered by
+savings-banks, by private liberality and benevolence, by family help,
+and by various municipal and state charitable institutions; and it does
+not render unnecessary the exercise of the ordinary administration, and
+the co-operation of the latter in the work of establishing security of
+labour. The general impression derived from a study of this survey will
+be confirmed if we further examine into the scope, legislative methods,
+and organisation of the separate measures of Labour Protection, in
+addition to the classification of industrial wage-labour, as dealt with
+by protective legislation, which I attempted in Chapter II., and if we
+bear in mind the great differences in the degree of protection extended
+to the separate classes of protected workers.
+
+
+
+
+CHAPTER IV.
+
+MAXIMUM WORKING-DAY.
+
+
+In considering the question of protection of employment, we must first
+touch upon the restrictions of employment. These restrictions are
+directed to granting short periods of intermission of work, _i.e._ to
+the regulation of hours of rest, of holidays, night-rest and meal-times;
+also to the regulation of the maximum duration of the daily
+working-time, inclusive of intervals of rest, _i.e._ to protection of
+hours of labour.
+
+Protection of times of rest, and protection of working-time, are both
+based on the same grounds. It is to the interest of the employer to make
+uninterrupted use of his business establishment and capital, and
+therefore to force the wage-worker to work for as long a time and with
+as little intermission as possible. The excessive hours of labour first
+became an industrial evil through the increasing use of fixed capital,
+especially with the immense growth of machinery; partly this took the
+form of all-day and all-night labour, even in cases where this was not
+technically necessary, and partly of shortening the holiday rest and
+limiting the daily intervals of rest; but more than all it came through
+the undue extension of the day's work by the curtailment of leisure
+hours. Moral influence and custom no longer sufficed to check the
+treatment of the labourer as a mere part of the machinery, or to prevent
+the destruction of his family life. A special measure of State
+protection for the regulation of hours of labour was therefore
+indispensable.
+
+Protection of the hours of labour is enforced indirectly by regulating
+the periods of intermission of labour: meal-times, night work, and
+holidays. But it may be also completed and enforced directly by fixing
+the limits of the maximum legal duration of working-hours within the
+astronomical day. This is what we mean by the maximum working-day.
+
+The maximum working-day is computed sometimes directly, sometimes
+indirectly. Directly, when the same maximum total number of hours is
+fixed for each day (with the exception it may be of Saturday);
+indirectly, when the maximum total of working-hours is determined,
+_i.e._ when a weekly average working-day is appointed.
+
+The latter regulation is in force in England, where 561/2 hours are fixed
+for textile factories (less half an hour for cleaning purposes), and
+sixty hours (or in some cases fifty-nine hours) for other factories. In
+Germany and elsewhere the direct appointment of the maximum working-day
+is more usual: except in the _von Berlepsch_ Bill (Sec. 139_a_, 3) where
+provision is made for the indirect regulation of the maximum
+working-day, by the following clause: "exceptions to the maximum
+working-day for children and young persons may be permitted in spinning
+houses and factories in which fires must be kept up without
+intermission, or in which for other reasons connected with the nature of
+the business day and night work is necessary, and in those factories and
+workshops the business of which does not admit of the regular division
+of labour into stated periods, or in which, from the nature of the
+employment, business is confined to a certain season of the year; but in
+such cases the work-time shall not exceed 36 hours in the week for
+children, and 60 hours for young persons (in spinning houses 64, in
+brick-kilns 69 hours)."
+
+
+1. _Meaning of maximum working-day in the customary use of the term._
+
+In the existing labour protective legislation, and in the impending
+demands for Labour Protection, the maximum working-day is variously
+enforced, regulated and applied. In order to arrive at a clear
+understanding of the matter it will be necessary to examine the various
+meanings attached by common use to the term working-day.
+
+Let us take first the different methods of enforcement.
+
+It is enforced either by contract and custom, or by enactment and
+regulation. Hence a distinction must be drawn between the maximum
+working-day of contract and the legal (regulated) working-day.
+Now-a-days when we speak of the maximum working-day we practically have
+in mind the legal working-day. But it must not be forgotten that the
+maximum duration of labour has long been regulated by custom and
+contract in whole branches of industry, and that the maximum working-day
+of contract has paved the way for the progressive shortening of the
+legal maximum working-day.
+
+Even the party who are now demanding a general eight hours maximum
+working-day desire to preserve the right of a still further shortening
+of hours by contract, generally, or with regard to certain specified
+branches of industry; the Auer Motion (Sec. 106) runs thus: "The
+possibility of fixing a still shorter labour-day shall be left to the
+voluntary agreement of the contracting parties."
+
+Certainly no objection can be raised to making provision for the
+maintenance of freedom of contract with regard to shortening the
+duration of daily labour. The right to demand such freedom in
+contracting, is, in my opinion, incontrovertible.
+
+Next we come to the various modes of regulating the maximum working-day.
+
+It may either be fixed uniformly for all nations as the regular
+working-day for all protected labour, or it may be specially regulated
+for each industry in which wage-labour is protected; or else a regular
+maximum working-day may be appointed for general application, with
+special arrangements for certain industries or kinds of occupation. This
+would give us either a regular national working-day, or a system of
+special maximum working-days, or a regular general working-day with
+exceptions for special working days.
+
+The system of special working-days has long since come into operation,
+although to a more or less limited degree, by the action of custom and
+contract. The penultimate paragraph of Sec. 120 of the _von Berlepsch_
+Bill, admits the same system--of course only for hygienic purposes--in
+the following provision: "The duration of daily work permissible, and
+the intervals to be granted, shall be prescribed by order of the
+Bundesrath (Federal Council) in those industries in which the health of
+the worker would be endangered by a prolonged working-day."
+
+The mixed system would no doubt still obtain even were the regular
+working-day more generally applied, since there will always be certain
+industries in which a specially short working-day will be necessary (in
+smelting houses and the like).
+
+The labour parties of the present day demand the regular legal
+working-day together with the working-day of voluntary contract.
+
+By maximum working-day we must, as a rule, understand the national and
+international, uniform, legal, maximum working-day.
+
+Thirdly, we come to the various aspects which the maximum working-day
+assumes according to whether it is given a general or only a limited
+sphere of application. In considering its application we have to decide
+whether or not its protection shall be extended to all branches and all
+kinds of business, and degrees of danger in protected industry, and
+further, whether, however widely extended, it shall apply within each
+industrial division so protected to the whole body of labourers, or only
+to the women and juvenile workers.
+
+The maximum working-day is thus the "general working-day" when applied
+to all industries without exception. When this is not the case, it is
+the restricted working-day, which may also be called the factory
+maximum working-day, as it really obtains only in factory and
+quasi-factory labour. The term factory working-day is further limited in
+its application in cases where its protection extends, not to all the
+labourers in the factory, but to the women and juvenile workers only, or
+to only one of these classes. Hence a distinction must be drawn between
+the factory working-day for women and children, and the maximum factory
+working-day extended also to men. We shall therefore not be wrong in
+speaking of this as the working-day of women and juvenile workers, nor
+shall we be putting any force on the customary usage, if by factory
+working-day we understand the working day prescribed to all labourers in
+a factory.
+
+We shall find a further limitation of the meaning in considering the aim
+of the protection afforded, for in certain cases the maximum
+working-day, even when extended to all labourers employed in a factory,
+is restricted to such occupations in the factory as are dangerous to
+health. In such cases, it might be designated perhaps the hygienic
+working-day.
+
+The maximum working-day, in the sense of the furthest reaching and
+therefore most hotly contested demands for regulation of time, means the
+uniform maximum working-day, fixed by legislation nationally, or even
+internationally, and not the maximum working-day of factory labour
+merely, or of female and child-labour in factories, nor the hygienic
+working day. This working-day is authoritatively fixed--provisionally at
+10 hours, then at 9 hours, and finally at 8 hours--as the daily maximum
+duration of working-time, in the Auer Motion (Sec. 106 and 106_a_, cf. Sec.
+130). Section 106 (paragraphs 1 to 3) runs thus: "In all business
+enterprises which come within this Act (Imperial Industrial Code), the
+working-time of all wage-labourers above the age of 16 years shall be
+fixed at 10 hours at the most on working-days, at 8 hours at the most on
+Saturday, and on the eve of great festivals, exclusive of intervals of
+rest. From January 1st, 1894, the highest permissible limit of working
+time shall be fixed at 9 hours daily, and from January 1st, 1898, at 8
+hours daily." According to the same section, the 8 hours day shall be at
+once enforced for labourers underground, and the time of going in to
+work and coming out from work shall be included in the working-day.
+"Daily work shall begin in summer not earlier than 6 o'clock, in winter
+not earlier than 7 o'clock, and at the latest shall end at 7 o'clock in
+the evening."
+
+We have still two important points to consider before we arrive at the
+exact meaning of the general maximum working-day. The first point
+touches the difference between those employments in which severe and
+continuous labour for the whole working-time is required, and those in
+which a greater or less proportion of the time is spent by the workman
+in waiting for the moment to come when his intervention is required. The
+second point touches the inclusion or non-inclusion, in the working day,
+of other outside occupation, of home-work, or of non-industrial work of
+any kind, besides work undertaken in some one particular industrial
+establishment. With regard to the first point, the question may fairly
+be raised whether in industries in which a large proportion of time is
+spent in waiting unoccupied, the maximum working-day is to be fixed as
+low as in those industries in which the work proceeds without
+intermission. And it is a question of material importance in the
+practical application of the maximum working day whether or not work at
+home, or in another business, or in sales-rooms, or employment in
+non-industrial occupations, should or should not be allowed in the
+normal working-day.
+
+The labour-protective legislation hitherto in force has been able to
+disregard both these points, for with the exception of the English Shop
+Regulations Act (1886) it hardly affected other occupations than those
+in which work is carried on without intermission. But there are points
+that cannot be neglected when the question arises of a general maximum
+working-day for all industrial labour, or all industrial wage-service
+alike--as in the Labour agitation now rife in the country.
+
+The Auer Motion, for instance, ought to have dealt with both these
+questions in a definite manner; but it did not do this. With regard to
+those occupations in which a large proportion of the time is spent in
+merely waiting, _e.g._ in small shops, public-houses, and in carrying
+industries, there is no proposal to fix a special maximum working-day,
+except perhaps in the English Shop Regulations Act (12 instead of 10
+hours for young persons). With regard to outside work, the Auer Motion
+does not determine what may be strictly included within the eight hours
+day. The question is this: is the maximum working-day to be imposed on
+the employer alone, to prevent him from exacting more than eight or ten
+hours work, or on the employed also, to prevent him from carrying on any
+outside work, even if it is his own wish to work longer; the more we cut
+down the general working-day, the more important it will become to have
+a limit of time which will affect not only the employer but also the
+employed, as otherwise the latter might, by his outside work, be only
+intensifying the evils of competition for his fellow-workers. The Auer
+Motion (Sec. 106) only demands the eight hours day for separate business
+enterprises; therefore, according to the strict wording, there is
+nothing to hinder the workman from working unrestrainedly beyond the
+eight hours in a second business enterprise of the same kind, or in any
+industry of another kind, in which he is skilled, or in non-industrial
+labour, and thus being able to compete with other workmen. Does this
+agree in principle with the maximum working-day of Social Democracy? Is
+this an oversight, or a practically very important "departure from
+principle"? We are not in a position to fully clear up or further
+elucidate these two points. For the present we may assume that the
+action of the Labour parties was well calculated in both these respects,
+viz. in neglecting to draw a distinction between continuous and
+intermittent labour, and in excluding outside labour from the operation
+of the eight hours working-day.
+
+Lastly, in accurately defining the meaning of the term we must not
+overlook the fact that neither in respect to aim nor to operation the
+maximum working-day is confined to the question of mere Labour
+Protection. It has no exclusively protective significance.
+
+It is true that the hygienic factory day, the factory day for women and
+juvenile workers, and the factory day for men, are wholly or mainly
+maximum working-days appointed for purposes of State protection, but the
+maximum working-day may also serve to other ends apart from or in
+addition to this. In the general eight hours day, for instance, the
+economic aspect is of equal importance with the protective aspect of the
+question. Under the socialistic system of national industry, where there
+would no longer be any question of protection in service-relations, the
+maximum working-day, together with the possibly more important minimum
+working-day, directed against the idle, would serve to other important
+ends; it would, for instance, give more leisure for the so-called
+general mental cultivation of the people and would prevent new
+inequalities.
+
+We will consider in the first place the purely protective aspect of the
+maximum working-day of the present, then the mixed protective and
+economic aspect of the general maximum working-day.
+
+
+2. _The maximum working-days of protective legislation: the hygienic
+working-day, the working-day of women and children, the extended factory
+working-day._
+
+And first the _hygienic working-day_.
+
+This is imposed on certain occupations and businesses on account of the
+dangers to health arising out of the work, and on account of the
+strength required in the work.
+
+It is no longer opposed by any party. It is fully dealt with in the _von
+Berlepsch_ Bill in the above-mentioned provision of the penultimate
+paragraph of Sec. 120_a_.
+
+By the insertion of this provision in Section I. of Chapter VII. of the
+Imperial Industrial Code, the hygienic maximum working-day may be
+extended by order of the Bundesrath (Federal Council) over the whole
+sphere of industrial labour, not merely of factory and quasi-factory
+labour. The Berlin Conference (resolutions 1, 2) demands the hygienic
+maximum working-day for mining industries.
+
+It is hardly necessary to prove that the hygienic maximum working-day
+cannot be obtained merely by the efforts of the workers in
+self-protection or by the general good-will of the united employers,
+without general enforcement by enactment or regulation. Some employers
+are unwilling even to maintain the shortening of the normal working-day
+necessary to health, others who would be willing are prevented by
+competition so long as the hygienic working-day is not enforced
+generally and uniformly by enactment or regulation throughout that
+particular branch of industry. The extension of the hygienic maximum
+working-day to all occupations dangerous to health throughout the whole
+sphere of industrial labour, is justified as a necessary measure of
+Labour Protection.
+
+No nation will suffer in the long run from the full extension of the
+hygienic working-day. It is probable that the governments will advance
+side by side in this direction.
+
+_The factory working-day for women and juvenile workers._
+
+This has long been enforced. The distress which brought it under the
+notice of the English legislature has justified it for all time. It is
+now scarcely contested.
+
+Without special intervention of the State, the considerate employer is
+not able to grant the ten hours limit, even to women and juvenile
+workers, on account of his unscrupulous competitors.
+
+Its enforcement with the help of a factory list offers no difficulties.
+
+The grounds for demanding a maximum working-day for juvenile workers are
+so evident that they need not here be indicated. We may, however, remark
+in passing that this working-day is economically of no great importance
+in view of the small number of juvenile workers. In the year 1888,
+Germany employed in factory and quasi-factory labour 22,913 children
+(14,730 boys, 8,175 girls) 169,252 young persons (109,788 males, 59,464
+females); children and young persons together making a total of 192,165
+(124,526 males, 67,639 females). The textile industries alone engaged
+17.8 per cent. of the male, and 47 per cent. of the female child-labour,
+that being the industry which also employs the largest number of female
+workers.
+
+The maximum working-day for female labour is necessary for all women
+workers and not merely for married women, and in England it has long
+been enforced. In the case of girls, work for eleven or twelve hours is
+highly undesirable from the point of view of family life. "Experience
+proves," says a Prussian inspector, "that girls so employed never become
+good housewives, and that women so employed can never fulfil their
+maternal duties, and on this account many well-meaning employers will
+not employ married women after the birth of the first child. The evil
+result of this appears more plainly the greater the number of women
+workers; and its bad influence on married life and on the education of
+children in workmen's families is very evident and makes itself felt in
+other spheres of life. Isolated schools of housewifery and
+working-women's homes are insufficient to meet the evil, especially as
+the extension of textile industries and therewith the increase in the
+number of women employed has by no means reached its highest point." The
+more impossible it is to dispense entirely with female labour, the more
+imperative does it appear to secure to all women workers, at least, the
+maximum working-day, at best the 10 hours working-day (with 6 hours on
+Saturday) long enforced in England.
+
+The factory day of 6 hours for children and 10 hours for young persons
+has already been enforced by the Industrial Regulations in Germany. Its
+extension to all female workers is one of the most important steps
+proposed by the _von Berlepsch_ Bill. At present the proposal is for an
+11 hours day, but the Reichstag Commission ought to succeed in placing
+the limit at 10 hours.[8]
+
+The Resolutions of the Berlin Conference fix the time at 6 to 10 hours
+for juvenile workers, and 11 hours for all female workers (III. 6, IV.
+2, and V. 2). They further demand that the "protection of a maximum
+working-day shall be granted to all young men between the ages of 16 and
+18."
+
+The working-day for women and juvenile workers has hitherto been
+essentially a factory and quasi-factory maximum working day (cf. Bill, Sec.
+154). England has, however, in the Shop Hours Regulation Act of June 25,
+1886, extended protection to sale-rooms, of course only in favour of
+juvenile workers, but with strict directions as to outside work. This
+working-day in commercial business, amounts on an average to 12 hours in
+the day (74 in the week, inclusive of meal-times). If the protected
+person has already in the same day performed 10 hours of factory or
+workshop labour, only 12 hours less 10 of shopwork are permitted; when
+the time occupied in outside work amounts to the full workshop and
+factory maximum working-day, additional occupation in the shop is
+prohibited. The Act does not apply to those shops in which the only
+persons employed are members of the family dwelling in the house or are
+family connexions of the employer. Such intervention in respect of
+household industry has already been begun but has not yet gone very far.
+
+The general extension of the maximum working-day for women and juvenile
+workers to all industries, including family industries, has been
+demanded,[9] but is as yet nowhere enforced.
+
+The specially short working-day for children necessitates alternating
+shifts, as child labour, as a rule, is inseparably connected with other
+work. English protective legislation directs in this case that children
+(from 10 to 14 years) may be employed in one and the same place only for
+half a day, either for the morning or the afternoon, or else on every
+alternate day, for the full day; and the order of working-days must be
+changed every week; in daily (half-day) employment, the actual working
+time (without intervals of rest) amounts to 6 hours daily, and 30 to 36
+hours weekly, in other cases 10 hours daily and 30 hours weekly.
+
+_The factory working-day (in the strict sense): factory working-day for
+adult males._
+
+The extension of protection of hours of labour to adults in factory and
+quasi-factory labour, by the so-called factory working-day (in the
+strict sense) has already begun to make way in some countries.
+
+In France it was enforced as long ago as by the Act of Sept. 9, 1848
+(Art. I.), in which the limit was still fixed at 12 hours; in
+Switzerland the limit was fixed at 11 hours by Art. II. of the
+Confederate Factory Act of 1877; and in Austria by the Act of Mar. 8,
+1885. Other countries have not hitherto adopted it. Great Britain and
+other countries still hesitate to interfere in this way with the freedom
+of contract for adults. Switzerland, on the other hand, is ready to
+reduce the hours from 11 to 10, but whether Austria is prepared to do so
+much is doubtful.
+
+Germany also in the _von Berlepsch_ Bill has entered a protest against
+the extreme length of the factory working-day. Here the course has been
+strongly urged, sometimes of adopting an 11 hours, sometimes a 10 hours
+day, meaning always the time of actual work, without reckoning intervals
+of rest. In the discussion on the Imperial Industrial Regulations of
+1869, Brauchitsch demanded a 12 hours factory day from the Conservative
+benches, and Schweitzer for all large industries a 10 hours day (_i.e._
+a 12 hours day, with intervals of rest amounting to not less than 2
+hours).
+
+The necessity for the limitation of the working-day of male adult
+labourers to 11 or 10 hours, rests partly upon the same grounds as that
+of the working-day for women and young persons. Hours of leisure,
+besides the hours of night rest, are a necessity for men also, in order
+that they may be able to live really human lives. Above all they ought
+to be able to devote a few hours every day to their family, to social
+intercourse, self-culture, and their duties as citizens. The economic
+expediency of the restriction of working hours has been proved by
+experience. The amount of work executed in the factories has been in no
+way lessened by the adoption of the 10 hours day for women and children,
+and moreover in England, wherever the 10 and 11 hours day for men has
+been adopted without legal enactment, it has proved to be a beneficial
+measure; this has also been the case in the Alsatian cotton
+factories.[10] The factory inspectors in Switzerland unanimously report
+the favourable effect of the 11 hours day on the amount of work
+executed; and the same thing on the whole may be asserted of Austria.
+
+In Switzerland the proposal that permission for overtime work should be
+obtainable from the magistrates was several times rejected, "because the
+employers soon perceived that the increased production scarcely covered
+the increased expense of light and heating, and that the work was
+carried on with less energy on the days following overtime work than
+when the 11 hours day was adhered to." It is evident that there the 11
+hours day is not considered too short. In general the employers in
+Switzerland very soon declared themselves satisfied with the 11 hours
+day; the workmen consider it a great benefit, and it has not led to the
+greater frequenting of public-houses. The adoption of a maximum
+working-day in Switzerland has put a stop to the practice on the part of
+manufacturers of taking away their competitor's orders and executing
+them by means of overtime work, so that amongst industrial managers
+also, the tide is beginning to turn against too frequent indulgence in
+overtime work.
+
+In Saxony even, an examination into the advantages of the maximum
+working-day shows "that the manufacturers themselves" (see General
+Report for 1888 of the district inspector at Zwickau), "are opposed to
+the long protraction of hours of labour; but every employer hesitates to
+be the first to shorten the hours, fearing lest he should find too few
+imitators, and be thereby thrown out of competition." The legal factory
+working-day removes this fear.
+
+Of course we have no experience to show that the further shortening of
+the day to less than 10 hours would allow of the execution of as much or
+more work than has hitherto been executed in more than 10 or 11 hours.
+There is a limit to the possible increase of efficiency in machines and
+in hand-labour, and in the two together. Labour Protection has neither
+the intention nor the right to prohibit any labour that is not too long
+to be physically and morally permissible.
+
+At present there seems no necessity from the protective point of view
+for more than an 11 or 12 hours day as a rule, with special hygienic
+working-days of less than 10 hours, together with unrestricted freedom
+of contract in regulating the hours of work below this limit.
+
+Above the limit of 10 or 11 hours the lengthening of labour time seems
+to diminish rather than to increase its aggregate productivity, and this
+explains why the 11 and 10 hours day, without any intervention from the
+State, has been so generally and successfully adopted by custom and
+contract. It is the general experience, as the Duesseldorf inspector
+notes in his report, that "those works in which the smallest amount of
+labour is performed, have as a rule the longest hours of labour; all
+attempts to increase the amount of labour at favourable periods of the
+market, by offering higher wages, whilst at the same time maintaining
+the long hours, have only attained a short-lived success, or have
+altogether failed; the same result is produced when in certain
+occupations the usually short hours of labour are prolonged in order to
+profit by the opportunity of a good market; it is only for the first few
+days that the increase in the amount of work executed corresponds to the
+increase in the hours of work, and the old level is quickly resumed; on
+the other hand, it is frequently affirmed by the managers that the
+capacity for work of our labourers is in no wise inferior to that of the
+English."[11]
+
+The legal 11 or 10 hours day would not be justified if custom and
+freedom of contract were sufficient to adjust the true proportions of
+working time. This however is not the case, and the legal working-day is
+therefore necessary in order to supplement the work of free
+self-protection.
+
+With regard to the voluntary adjustment of the duration of the
+working-day, we find that the 10 and 11 hours day already prevails in a
+large proportion of the German industries: as in Bremen, whence
+according to the factory report, only 33.8 per cent. of the adult
+labourers work beyond 10 hours, and only 3.8 per cent. beyond 11 hours,
+and in Berlin, where in 3,070 firms, 71,465 male labourers work for 10
+hours and less; and the same is reported by other district inspectors.
+But side by side with this we find a longer and frequently a decidedly
+too long working-day, and nowhere does every firm adhere to the 10 or 11
+hours day. Even in the Lower Rhine Provinces the 12 hours working-day is
+in force in the smelting houses (Hitze). In Saxony the same number of
+hours obtains, as a rule, in textile industries, although many
+manufacturers would prefer the 10 hours day, if all competitors would
+adopt it. In Bavaria and Baden the 11 to 12 hours working-day prevails
+widely. In certain separate kinds of work, as in mills and brick kilns,
+the working hours are even longer.
+
+The advisability of fixing the legal factory day at 10 or 11 hours is
+not to be disputed. It is just where the 10 or 11 hours day has not been
+secured by custom that, as a rule, the workmen and such managers as are
+willing are least in a position to extort it by way of self-help from
+other competing employers. And where custom has already led to the
+general adoption of the 10 to 11 hours working-day, it seems quite
+permissible to enforce it on such firms as have not adopted it.
+
+It is no sufficient argument against the introduction of the extended
+compulsory factory working-day, to say that the adoption of the
+working-day for women and young persons would necessarily entail the
+adoption of the working-day for men without recourse to legal
+enforcement, since men could not be employed beyond the specified number
+of hours, while this was forbidden in the case of women and young
+persons employed in the same business. As a matter of fact, the larger
+proportion of trades are carried on entirely, or mainly, by male
+workers, though there may be a certain amount of purely accessory work
+performed by women and young persons. Hence the adoption of the limited
+factory working-day (_i.e._ for women and children) by no means
+necessarily or uniformly entails its general adoption. Even in England
+this has not been the case generally, and although we find that the
+maximum working-day for men very largely obtains without legal
+enactment, this has not been the result of the adoption of the legal
+working-day for women and juvenile workers, but has been won by the
+healthy struggle of the trades' unions for the maximum working-day fixed
+by contract.
+
+Now the question arises whether the 11 or the 12 hours day is to be
+chosen, and whether the adoption of the factory working-day should be
+proceeded with in Germany without its being adopted at the same time by
+England and Belgium.
+
+Several of the German States have recently introduced the 10 hours
+working-day in their government works. This would point to a preference
+for the 10 hours day. The proposal made by Switzerland at the Conference
+for the adoption of this lower limit rests partly on the ground of its
+agreement with the duration of the 10 hours day for women and juvenile
+workers.
+
+But here some caution is necessary. Private enterprise is not so free
+from the dangers of competition as government enterprise; whilst Germany
+might very well do with the 11 hours day since Switzerland and Austria
+have been able to introduce it without harmful results.
+
+The adoption of the compulsory 10 hours day might be ventured on without
+hesitation, if once we had accurate international statistics as to
+whether the different countries have already adopted the 10 hours day;
+and, if so, for which branches of industry. We should then be able to
+see the extent of the risk as a whole and in detail. Was not this very
+matter, the ascertainment of the customary maximum duration of working
+hours in separate branches of industry, pointed to as of immediate
+importance in the resolutions agreed to at the Berlin Conference on the
+drawing up of international statistics on Labour Protection? The general
+adoption of the 10 hours day would certainly be hastened by these means.
+Each country would then be sure of its ground in taking separate
+proceedings.
+
+German labour protective policy cannot be reproached with want of
+caution, seeing that it has made no demand in the _von Berlepsch_ Bill
+for the extended factory day, but only for an 11 hours working-day for
+women.
+
+Lastly, the question arises whether the maximum working-day under
+consideration can, or shall, be extended beyond factory and
+quasi-factory labour. Such extension has not as yet taken place.
+
+Should such extension ensue, the limits of duration could hardly be
+fixed so low for intermittent work, and for less laborious work (both
+are found in trading industry and in traffic and transport business), as
+for factory labour and the business of workshops where power machinery
+is used. England, which is apparently the only country which regulates
+the hours of young persons even in trade, has adopted for them a 12
+hours working-day.
+
+Further examination plainly shows that a simple uniform regulation would
+be impossible in view of the extraordinary variety of non-continuous and
+non-industrial occupations and handicrafts.
+
+But in general it cannot be disputed that the need for regulation may
+also exist in trading and in handicrafts, _e.g._ in bakeries (not
+machine-worked) no less than in household industry. Here we often find
+that the working hours are of longer duration than in factories and
+workshops. In Berlin, figures have been obtained showing the percentage
+of firms in which the working-day is more than 11 hours; and the
+percentage of female and of male workers employed for more than 11
+hours.
+
+
+ Number of Of Male Of Female
+ Firms. Workers. Workers.
+
+ In wholesale business 4.31 3.51 4.46
+ In handicraft 18.85 15.52 6.09
+ In trade 64.77 54.94 --
+
+
+The necessity for extending protection beyond the factories cannot be
+lightly set aside; in trade, excessive hours of labour are exacted from
+workers not belonging to the family, and in continuous and intermittent
+employments, and in household industry they are probably exacted from
+the relatives. The same thing occurs in handicrafts. It is not
+impossible for the matter to be taken in hand; but at present it meets
+with many difficulties and much opposition. Only the factory and
+quasi-factory maximum working-day for adults belong to the immediate
+present.
+
+
+3. _The maximum working-day of protective policy and of wage policy;
+general maximum working-day; eight hours movement._
+
+The general maximum working-day of 8 hours, as demanded since May 1st,
+1890, rests admittedly on grounds, not merely of protective policy, but
+also of wage-policy.
+
+In so far as it is demanded on grounds of protective policy, it would
+call for little remark. The only question would be, whether on grounds
+of protective policy the maximum working-day is an equal necessity for
+all industrial work, and whether this necessity must really be met by
+fixing 8 hours, and not 11 or 10 hours, as the limits of daily work, a
+question which, in my opinion, can only be answered in the negative.
+
+The new and special feature which comes to the fore in the demand for
+the general eight hours day, is the impress which (its advocates claim)
+will be made by it on the wages question, and this in the interests of
+the wage-labourer. The universality and the shortness of the maximum
+working-day would lead, they say, to an artificial diminution of the
+product of labour.
+
+This second side of the question of the eight hours day, which touches
+on wages, does not properly speaking come within the scope of a treatise
+on the Theory and Policy of Labour Protection. We must not, however,
+omit it here, for the demand for such a working-day is very seriously
+confused in the public mind with the purely protective maximum
+working-day, whereas the two must be clearly distinguished from each
+other. By discussing and examining the general eight hours day, it must
+be shown how important an advance it is upon the factory 10 hours day;
+and it must be shown that the favour with which the factory 10 hours day
+is to be regarded on grounds of protective policy, need not extend
+necessarily to the general eight hours day; the one may be supported,
+the other rejected; protective policy is pledged to the one, but not to
+the other. From this standpoint we enter upon a consideration of the
+eight hours day.
+
+The demand is formulated in the most comprehensive manner in the Auer
+Motion. What is it, according to this demand, that strictly speaking
+constitutes the general eight hours day, implying two other "eights,"
+eight hours sleep and eight hours recreation? If we are not mistaken in
+the interpretation of the wording of the demand already given, the
+"general working-day" means eight hours work for the whole body of
+industrial wage-labour, admitting of specially regulated extension to
+agricultural industry and forestry.
+
+The Motion demands the eight hours time uniformly for all civilised
+nations; without regard to the degrees of severity of different
+occupations, and the degrees of working energy shown by different
+nationalities; and without permission of overtime in the case of
+extraordinary--either regular (seasonal) or irregular--pressure of work.
+
+The Motion demands the eight hours maximum duration without regard to
+the question whether the performance of labour is continuous or not,
+hence without exclusion of the intermittent employments which are
+specially difficult of control.
+
+Moreover, in all probability, the mere preparatory work, which plays so
+important a part in industrial service, in trade, and in the business of
+traffic and transport, will be dealt with in the same manner as
+continuous effective labour. At least we find no indication of the
+manner in which preparatory work is to be dealt with as distinguished
+from effective labour.
+
+It does not appear in the text, but it is probably the intention of the
+Auer Motion to apply the limitation of eight hours not only to work in
+the same business, but to industrial work in different coordinated
+businesses, to the principal industry and to the subsidiary industries.
+
+Yet, as we have already noticed, we find no definite information on this
+point, nor on the manner of enforcing the eight hours day; nor as to
+whether it is to be an international measure enforced by international
+enactment; nor yet as to whether it is to be adopted only by the
+countries of old civilization, or also by the young nations of the new
+world, and the countries of cheap labour in the South, and in Eastern
+Asia.
+
+On the other hand, the _object_ of the general working-day is fully and
+clearly explained. It aims not only at fixing the time of rest for at
+least eight hours daily, nor merely fixing the time of recreation
+(pleasure, social intercourse, instruction, culture) for other eight
+hours; but it also aims at an increase of wage per hour, or at any rate
+at providing a larger number of workmen with full daily work by
+diminishing the product of labour.
+
+In judging of the merits of the eight hours day, one must lay aside all
+prejudices and misconceptions. Hence we repeat that the hygienic
+working-day may be admissible, even though fixed below eight hours. We
+repeat, moreover, that the maximum working-day fixed by contract is not
+to be opposed, even though it fall to eight hours, or below eight hours,
+at first in isolated cases, but by degrees generally. We also say that
+it is not impossible that certain nationalities, or all nationalities,
+should some day attain to such a degree of energy and zeal for work, as
+would justify the eight hours limit almost universally, and render it
+economically admissible, as is already the case in certain kinds of
+work. We are only concerned here with the general legal eight hours day
+(not with the merely hygienic working-day of eight hours) to be legally
+enforced on January 1st, 1898, or within some reasonable limit of time.
+
+A few objections are advanced against the eight hours day, the
+importance of which cannot be overlooked.
+
+The maximum working-day applied only to industrial labour lacks
+completeness, it is said; all work, even in agriculture and in public
+business, should be limited to eight hours, if the general maximum
+working-day is to become a reality. The Social Democrats would, perhaps,
+meet this objection by further motions.
+
+The general eight hours day is not quashed by the assertion that the
+united nationalities, or the bodies of labourers of different
+nationalities would never agree upon the matter. This is, indeed,
+possible, even very probable; but it remains to be proved what may be
+effected by international labour-agitation in an age of universal
+suffrages and of world congresses, and especially in England, which has
+already become so really democratic; an advance made by this country
+towards a reasonable experiment would be decisive. The possibility of
+attaining a sufficiently uniform, shortened, international working-day
+will always be conceivable. Moreover, the imposition of protective
+duties on the nations that hold back is held in reserve as a means
+towards the equalisation of social policy.
+
+More important are those objections which are raised on grounds of
+protective policy against the eight hours day, not on account of its
+shortness, but of its universality. It is affirmed that it is
+unnecessary and could not be carried out without intolerable chicanery.
+
+I am also inclined to think that the necessity for a maximum
+working-day, on grounds of protective policy, does not extend much
+beyond factory and quasi-factory labour (cf. Chaps. V. to VIII.), many
+wage-workers finding sufficient protection in the force of public
+opinion, in moral influence and custom.
+
+The universalisation of the measure, it must be admitted, greatly
+increases the difficulties of carrying it out successfully, especially
+in non-continuous employments, in subsidiary and combined industries. It
+would be difficult to carry it out without an amount of espionage and
+control, intolerable, perhaps, to the sense of individual liberty in the
+most diligent workers. The supporters of the eight hours day cannot meet
+this objection by replying that under a real "government by the people,"
+the whole measure would be practicable, and the demand for it
+intelligible; for this is an attempt to thrust forward a proof having no
+application to the policy of the present, which has to deal with
+existing conditions of society; and it unwarrantably assumes that the
+practicability of a "government by the people" has already been proved.
+
+The supporter of the general legal eight hours day will be more
+successful in meeting the above objection if he maintains that the
+importance of so complete a universalization and so great a shortening
+of the maximum working-day, from the point of view of the wages
+question, more than outweighs any doubt as to the necessity of the
+measure on grounds of protective policy, or as to the practicability of
+carrying it out.
+
+The decision for or against the general legal eight hours day lies
+therefore in the answer to these two questions: whether the cherished
+hope as to its effect on wages rests on a sure foundation, and whether
+the State is justified in so wide an exercise of power in the interests
+of one class in the present generation.
+
+With regard to the first question, no very strong probability of success
+has been shown, to say nothing of certainty.
+
+We need only look at the practical aspect of the matter. By the legal
+enforcement of a sudden and general shortening of the industrial
+national working-time, by 20 to 30 per cent. of the working-time of
+hitherto, higher wages are to be obtained for less work, or at least
+room is to be given for the actual employment of the whole working force
+at the present rate of wage!
+
+How would an increase of wage, or even the maintenance (and that a
+continuous one) of the present rate be conceivable in view of a sudden
+general reduction of working-time by 20 to 30 per cent.? Only, indeed,
+either by reduction of profits and interest on the part of the
+capitalists, corresponding to the increase of wage, or by an increase in
+the productivity of national industry, resulting from an improvement in
+technique, and progress in skill and assiduity, or from both together.
+
+Now no one can say exactly what proportion the profits and interest of
+industrial capitalists bear to the wages of the workmen; if one were to
+deduct what the mass of small and middle-class employers derive from the
+work of their assistants (as distinct from what they draw from their
+capital) the industrial rent--in spite of numbers of enormous
+incomes--would probably not represent the large sum it is supposed to
+be. Hence it is very doubtful whether it would be possible to obtain the
+necessary sum out of profits.
+
+Even if this were possible, it is by no means certain that the wage war
+between Labour and Capital would succeed in obtaining so great a
+reduction of industrial profits and interest, still less within any
+short or even definitely calculated limit of time. Some amount of
+capital might lie idle, or might pass out of Europe; or again, Capital
+might conquer to a great extent by means of combination; or it might
+turn away from its breast the pistol of the maximum working-day by
+limiting production, _i.e._ by employing fewer labourers than before. It
+might induce a rise in the price of commodities, which would diminish
+"real" wages instead of raising them or of leaving them undiminished.
+
+But even if Capital found it necessary in consequence of the legal
+enforcement of the eight hours day to employ a larger number of workers,
+it might draw supplies to meet this expense partly out of the countries
+which had not adopted the eight hours day, partly out of agricultural
+industry and forestry, and after half a generation, out of the increase
+in the working population. Capital would also make every effort to
+accomplish in a shorter time more than hitherto by exacting closer work
+and stricter control, and by introducing more and more perfect
+machinery.
+
+With all these possibilities the eight hours day will not necessarily,
+suddenly, and in the long run, increase the demand for labour to such a
+degree that the employer will need to draw upon his interest, profits,
+and ground rents for a large and general rise of wages, or for the
+maintenance of the former rate of wage. At least, the contrary is
+equally possible, and perhaps even highly probable.
+
+Such an increased demand for labour would indeed ensue if the growth of
+population were to be permanently retarded. But that it should be so
+retarded is the very last thing to be expected under the conditions
+supposed, viz. a general increase of "real" wages, which would obviously
+render it more easy to bring up a family.
+
+Hence the assumption that the eight hours day would lead to an increase
+of wage, or the maintenance of the present rate of wage at the cost of
+profits and interest, is not proven; so far from being certain, it is
+not even probable. Therefore, it cannot serve to justify so violent an
+interference on the part of the State, as the enforcement of the general
+legal eight hours' day on January 1st, 1898. Such an interference would
+be calculated to bring a terrible disappointment of hopes to the very
+labourers whom it is intended to benefit.
+
+Just as little can it be justified by the assumption that as much would
+be produced (hence as high a wage be given) in a shorter working-day,
+through the improvement of technique, and increased energy in work, as
+in a working-day of 10 or 12 hours.
+
+The increase in productivity could not be expected with any certainty to
+be general, uniform, and sudden. The success of the experiment which has
+been made with the 11 hours day, which prevents such excessive work as
+is not really productive, cannot be advanced to justify the further
+assumption that the productivity of labour increases in inverse ratio to
+the duration of time. The increase of productivity through limiting the
+duration of work does justify the 10 or 11 hours day of protective
+policy precisely because the latter evidently stops short at that point
+beyond which labour begins to be less efficient; we have no grounds for
+assuming that the same justification exists for the eight hours day
+demanded in the supposed interests of a wage policy. The increase of
+productivity through the operation of the eight hours day would be more
+than ever unlikely if the abolition of "efficiency" wage in favour of
+exclusive time wage, which is one measure proposed, were to destroy the
+inducement to compensate for loss of time by more assiduous work, and if
+a fall in the profits were to curtail industrial activity.
+
+But even supposing it certain, which it clearly is not, that an increase
+of productivity would take place sufficient to compensate for the
+shortening of time, it would still be doubtful whether the effect would
+be felt in a rise or maintenance of the rate of wage, and not rather in
+a rise in profit and interest. For the steadily increasing use of
+machinery, which is assigned as one of the reasons why productivity
+would remain unimpaired in spite of the shortening of hours, and more
+especially if this should coincide with a rapid increase of population,
+would actually lessen the demand for labour, and thus would improve the
+position of Capital in the Labour market. On this second ground also, we
+are precluded from supposing that the eight hours day would result in an
+increase of wages.
+
+But if it be granted that the balance would not be restored, either by
+pressure upon profits and interest or by increased productivity, it then
+follows that the wages of labour must necessarily _fall_ 20 to 30 per
+cent. through such a shortening of the working-day. And this, as we have
+seen, is not at all an unlikely issue.
+
+The absorption of all the unemployed labour force, the industrial
+"reserve army," in consequence of the adoption of the eight hours day,
+is an assumption quite as unproven as the one with which we have been
+dealing.
+
+This result would not necessarily ensue even in the first generation,
+since production might be limited, and even if the hopes of increased
+productivity are not quite vain, it is quite possible that more
+machinery might be employed without necessarily increasing the number of
+workmen.
+
+It is still more difficult to determine what in all these respects will
+be the ultimate effect of the eight hours day. The further increase of
+the working population--and, _ceteris paribus_, this would be the most
+probable result of the expected increase in the rate of wage per
+hour--may produce fresh supplies of superfluous labour; but the
+eventual fall of wages consequent on a decrease in the productivity of
+national work would necessarily increase the industrial "reserve army,"
+through the diminished consumption and the consequent restriction of
+production to more or less necessary commodities.
+
+If a diminution of national production were really to result from the
+adoption of the eight hours day, it would affect precisely the least
+capable bodies of workers, and those engaged in furnishing luxuries, for
+the demand for luxuries is the first to fall off; and the less capable
+workers finally become the worst paid because they are able to
+accomplish less in eight hours. Hence it follows that the uniform,
+universal, and national eight hours day would have very different
+results on the labouring bodies of each nation, and on the competing
+bodies of labourers in separate industrial districts in the same nation.
+Hence the very uniformity of the national and international maximum
+working-day of wage policy is a matter which calls up very grave
+considerations, which, however, we are not in a position to pursue any
+further in this book.
+
+Even the complete prohibition of overtime work for the sake of meeting
+the accumulation of business, neither ensures a higher rate of wage per
+hour, nor a lasting removal and reduction of the superfluous supplies of
+labour. The very opposite result may ensue, at least, in all such
+branches of industry as undergo periodical oscillations of activity and
+depression, through the fluctuation of the particular demand on which
+they depend. If the effect on wages of the legal eight hours day is
+extremely doubtful, and the advisability of the measure more than
+questionable, we come in conclusion to ask very seriously whether the
+State is justified in enforcing more than the mere working-day of
+protective policy.
+
+Without doubt the State ought to direct its social policy towards
+securing at least a minimum rate of wage compatible with a really human
+existence, as it does by Labour Insurance, for instance. It is a
+possible, though an extremely unlikely, case to suppose that it might
+take practical steps to realize the "proportional" or "fair" wage of
+_Rodbertus_ (although since the writings of _von Thuenen_, theorists have
+sought in vain a method of determining this ideal measure), but even so,
+the practicability of such a course would have first to be demonstrated,
+and in my opinion this would probably be found to be not demonstrable.
+But surely it has now been fully shown that it ought not to permit the
+sudden and general shortening of the working day by 20 to 30 per cent.,
+an experiment the effects of which cannot be foreseen.
+
+The State does not possess this right, either over property or labour.
+It might affect injuriously the rate of wages of the whole labouring
+class, or, at least, of such bodies of wage labourers as are employed in
+the production of such articles as are not actual necessaries of life.
+The labourer might even have to bear the whole burden, since the rate of
+wages would suffer by this measure if a fall in national production were
+brought about without being counterbalanced by a lowering of the rate of
+profit and interest. The State has to take into consideration those
+considerable bodies of wage-labourers who (while keeping within the
+limits of the maximum working-day of protective policy) would rather
+work longer than earn less, and it will find it hard to justify to them
+the experiment of the eight hours day of a wage policy; for this would
+constitute a very serious restriction of individual liberty for many
+workers, and those not by any means the least industrious or skilful.
+Still we need not undertake here to work out the matter decisively from
+this point of view.
+
+Will, however, the experiment be forced upon us? Who can deny this
+positively, in face of the irresistibly advancing democratic tendencies
+of constitutional right in all countries? If it be forced upon us, it
+may, and most probably will, end in a great disappointment of the hopes
+of the Labour world.
+
+It is perfectly clear that the decision of the matter rests with
+England. If this country does not lead the way, if she hesitates to
+enforce it in the face of the competition of American, Asiatic, and
+soon, perhaps, of African labour, the experiment of a general eight
+hours day for the rest of Western Europe is not to be thought of. But in
+England it is precisely the aristocratic portion of the labouring
+classes--the "old trades' unionists," the skilled labour--that has not
+not yet been won over to the side of the legal eight hours day, and it
+is doubtful whether it will yield to the leaders of unskilled labour:
+Burns, Tillett, and the rest. At the September Congress at Liverpool, in
+1890, the Trade Unionist party brought forward in opposition to the
+general legal eight hours day, the eight hours optional day fixed by
+contract, in the motion of Patterson, if I have rightly understood the
+proposal. The motion was defeated by a majority of only eight (181 to
+173).[12] If the legal eight hours day is rejected, does that preclude
+for all time the possibility of shortening the time of labour to less
+than the 10 or 11 hours factory day at present in force? By no means.
+
+The fundamental error in the general legal working-day as it now stands,
+lies not in the assumption that it will gradually lead to a further
+shortening of the working-day, but in the assumption that the legal
+maximum working-day will bring about suddenly, generally, and uniformly
+results which in the natural course of economic and social development
+only the maximum working-day of free contract is calculated to bring
+about, and this gradually, step by step, tentatively, and by irregular
+stages; that is to say, that so material a shortening of the maximum
+working-day cannot possibly be attained to generally by any other means
+than by the shortening by free contract, here a little and there a
+little, of the maximum working-day within each industry and each
+country, and this equally outside as well as within the limits of
+factory and quasi-factory business. We may at all events be assured that
+the substitution of the legal eight hours day for the factory
+working-day of 10 or 11 hours is _not the next step to be taken_, but
+rather the further development of the maximum working-day of free
+contract by means of the continuous wage struggle between the organised
+forces of Capital and Labour to suit the unequal and varying conditions
+of place, time, and employment, in the various classes of industry.
+
+There is no objection to be offered to this manner of bringing about the
+shortening of the working-day. No one has any right or even any fair
+pretext for opposing it. No one need fear anything from the results of a
+general working-day introduced by this method, even if it should
+ultimately develop into the legalised maximum working-day of less than
+10 hours.
+
+There is the less reason for fear, as the working classes themselves
+have the greatest interest in avoiding any step forward which would
+afterwards have to be retraced; the majority will prefer, within the
+limits of overwork, additional and more laborious working time with more
+wages, to additional recreation time and less wages.
+
+Least of all does _Capital_ need to look forward with jealousy and
+suspicion to this visionary eight hours day which may lie in the lap of
+the future, but which will have come about, only gradually through a
+series of reductions _by contract_ of the working-day, each successive
+rise of wage and each successive shortening of the working-day having
+been occasioned by a steady improvement in technique, and a healthy
+increase of population. The sooner some such movement as this of the
+eight hours day, fixed by contract, ultimately perhaps by legislation,
+takes a firm hold, the more striking will be the improvement of
+technique, the more normal will become the growth of population, and the
+more peaceful and law-abiding will be the social life of the immediate
+future. Hence, I think we may contemplate the eight hours movement
+without agitation, and discuss it impartially, provided of course that
+the Labour Democracy is not permitted to tear down all constitutional
+limitations upon its sole and undisputed sway.
+
+The most important contribution that this chapter offers to the Theory
+and Policy of Labour Protection is then to show that the eight hours day
+of wage policy may be rejected, and may still be rejected, even if the
+10 hours day, demanded on purely State protective grounds, is adopted.
+The foregoing discussion will show conclusively that there is no
+question of the State pledging itself to Socialism by the purely
+protective regulation of the working-day.
+
+Even from the standpoint of Social Democracy, the eight hours day as now
+demanded is not properly speaking a Socialistic demand at all. It may be
+that some of the leaders of the movement may seek by its means to weaken
+and undermine the capitalist system of production, but the demand does
+not in principle deny the right of private property in the means of
+production. The general eight hours day is an effort to favourably
+affect wages on the basis of the existing capitalist order. Not only the
+11 hours or 10 hours day, but even the eight hours day would be no index
+of the triumph of Socialism. It may rather be supposed that the leaders
+of the movement thrust forward the eight hours day in order to be able
+to conceal their hand a little longer in the promised fundamental
+alteration of the "system of production." Therefore, we again repeat,
+even in face of the proclamation of a general eight hours day made at
+the "World's Labour Holiday," of May 1st, 1890, "There is no occasion to
+give the alarm!"
+
+
+4. _The maximum working-day and the "normal working-day."_
+
+What we understand by the maximum working-day--limitation (whether on
+grounds of protective policy or of wage policy) of the maximum amount of
+labour allowed to be performed within the astronomical day, by confining
+it within a certain specified number of hours--might also be called, and
+indeed used more frequently to be called, the "normal working-day." It
+is better, however, not to employ this alternative designation. When the
+word "normal working-day" is used in a special sense, it means something
+quite different from the maximum working-day; for it is a unit of social
+measurement by means of which it is supposed that we can estimate all
+labour performance however varying, both in personal differences and in
+differences of kind of work, so that we may arrive at a socially normal
+valuation of labour, and a socially normal scale of valuation of
+products. It is an artificial common denominator for the regulation of
+wages and prices which perhaps may be attained under the capitalist
+system, but which ultimately points to a socialistic commonwealth. The
+maximum working-day of protective right might exist side by side with
+the regulation of a "normal working-day," but it has no essential
+connection with it.
+
+Hence we might pass by this normal working-day which is wholly
+unconnected with State protection, but we think it necessary to touch
+upon it. There still exists a confusion of ideas as to the maximum and
+"normal" working-days. The meaning of the latter is not formulated and
+fixed in a generally recognised manner. It is quite conceivable, nay
+even probable, if the Socialist fermentation among the labouring masses
+should increase rapidly, that the proposal of a maximum working-day,
+will take the form of the "normal working-day," and that in the very
+worst and wildest development of the idea of normal working-time. This
+alone affords sufficient reason for our drawing a sharp distinction
+between the maximum working-day of protective legislation and the
+"normal working-day," and above all for clearly defining the meaning of
+the latter.
+
+This is no easy task for several reasons.
+
+The determination of the meaning of "normal working-day" includes two
+points: what we mean by fixing a normal, and what we should regard as
+"socially normal," _i.e._ just, fair, proportionate, and so on.
+
+The normal working-day would be a State normalised working-day (as
+opposed to a restricted working-day) adopted for the purpose of
+preventing abnormal social and industrial conditions, and as far as
+possible restoring normal relations. This would be the widest meaning of
+normal working-day.
+
+The maximum working-days of protective policy, and of wage policy, are,
+or aim at being, normal working-days in this widest sense. Both are
+working-days legally normalised for the purpose of obtaining by a
+development of protective policy, or of protective and wage policy
+combined, more normal conditions of work. But this does not make it
+advisable to adopt the alternative designation of normal working-day
+rather than of maximum working-day. There are several kinds of normal
+working-days in this wide sense, or at least we can conceive of several;
+even minimum working-days might be looked upon as normally regulated
+days. The term might designate the _normal_ working-day demanded on
+political, social, or educational grounds, perhaps even the maximum
+working-day which would secure to the worker every day leisure for the
+non-industrial occupations above mentioned; moreover it might designate
+a minimum normal working-day--almost indispensable under a communistic
+government--which would compulsorily fix a daily minimum of labour, and
+thereby ensure production adequate to the normal requirements of the
+whole community; another normal working-day, in the widest sense of the
+term, would be such a maximum working-day under a communistic
+government, as should aim at preventing the diligent from working more
+and earning more than others, and thereby destroying equality. None of
+these normal working-days (in the widest sense) concern us now; the
+existing social order does not require for its just and fair regulation
+the introduction of such normal working-days, and the _cura posterior_
+of a socialism or communism which as yet possesses no practical
+programme is not a theoretically fruitful or practically important
+matter for discussion, at least not within the limits of this book. The
+normal working-day with which we need to concern ourselves here--and the
+term is still frequently used in this narrower sense, though not
+universally--is, as already indicated, that normal day which should
+serve as a general standard of a socially equitable--normal or more
+normal (compared to the old capitalist regulations)--valuation of the
+performances of labour, and of the products of labour, as a means of
+reducing the various individual performances of labour to proportional
+parts of a "socially normal" aggregate of the labour of the nation, and
+as a social measure of the cost of labour products, thereby serving as a
+means to a "socially normal" regulation of prices.
+
+_Rodbertus_ is the writer who has most clearly sketched for us the idea
+of such a normal working-day. We shall best understand what is meant by
+it, by listening to this great economic thinker. _Rodbertus_ sought for
+a more normal regulation of wages, within the sphere of the existing
+social order, by the co-operation of capital and wage labour, giving to
+the wage labourer as to the employer his proportional share in the
+aggregate result of national production.
+
+As a solution of this problem, he lays down a special normal _time_
+labour-day and normal _work_ (amount of work) labour-day, by considering
+which two factors he proposes to arrive at a unit of normal labour which
+shall serve as a common basis of measurement.
+
+In order to bring about the participation of all workers in the nett
+result of national production in proportion to their contribution to
+it--hence without keeping down the better workers to the level of the
+worst, and without endangering productivity--it is necessary, Rodbertus
+holds, to reduce to a common denominator the amounts of work performed
+by individual workers, which vary very considerably both in quantity and
+quality. By this means he thinks we shall be enabled to establish a fair
+relation between work and wages. The normal _time_ labour-day is to
+furnish us with a simple measurement of the product of labour in
+different occupations or branches of industry; and the normal _work_
+labour-day is to give us a common measure of all the varying amounts of
+work performed in equal labour time by the individual workers.
+
+He points out that astronomically equal working time does not mean, in
+different industries, an equal out-put of strength during an equal
+number of hours, nor an equal contribution to society. Therefore the
+different industrial working-times must be reduced to a mean social
+working time: the normal _time_ labour-day. If this amounts to 10 hours,
+6 hours work underground might equal 12 hours spinning or weaving work.
+Or, which would be the same, the normal _time_ labour-day would be 6
+hours in mining, and 12 hours in textile industries; the hour of mining
+work would be equal to 1-2/3 hours of normal time, the hour of textile
+work would be equal to 5/6 hour of normal time. The normal _time_
+labour-day would serve to determine periodically the proportionate
+relations which exist between the degrees of arduousness in labour of
+different kinds, with a view to bringing about a just distribution of
+the whole products of labour according to the normal proportional value
+of its out-put in each kind of employment, in each department of
+industry, such proportional value being determined by means of the
+normal time measure. Also it would lead to the fair award of individual
+wage, for if any one were to work only 3 instead of 6 hours in coal
+mining, or only 5 hours in weaving or spinning, he would only be
+credited with and paid for half a day of normal working time.
+
+The normal time day is not however sufficient to establish a just
+balance between performance of work and payment; for in an hour of the
+same industrial time value, one individual will work less, another more,
+one better, another worse. The combined interests of the whole community
+and the equitable wage relations of the different workers to each other,
+demand therefore the fixing of the normal performance of labour within a
+defined working time, in short the fixing of a unit of normal work.
+Having normalised industry on a _time_ basis, we must now normalise it
+on a _work_ basis. And this is how _Rodbertus_ proposes to do it:
+According as the normal _time_ labour-day has been fixed in any trade at
+6, 8, 10, or 12 hours (in proportion to the arduousness of the work,
+etc.), the normal amount of work of such a day must also be fixed for
+that trade, _i.e._ the amount of work must be determined which an
+average workman, with average skill and industry, would be able to
+accomplish in his trade during such a normal time labour-day. This
+amount of work shall represent in any trade the normal amount of work of
+a normal _time_ labour-day, and therewith shall constitute in any trade
+the normal _work_ labour-day, which would be equal to what any workman
+must accomplish within the normal _time_ labour-day of his trade, before
+he can be credited with and paid for a full day, that is, a normal
+_work_ labour-day. Hence if a workman had accomplished in a full normal
+_time_ labour-day, either one and a half times the amount, or only half
+the amount of normal work, he would _e.g._ in the six hours mining day,
+for six hours work, be credited with a day and a half, or half a day
+respectively of normal work time; whilst in spinning and weaving, on the
+other hand, he would in the same way, for 12 hours work, be credited
+with one and a half or a half-day respectively of normal work time.
+
+In this way _Rodbertus_ claims to be able to establish a fair measure
+and standard of comparison for labour times, not merely between the
+various kinds of trades and departments of industry, but also between
+the various degrees of individual efficiency. Each wage labourer would
+be able to participate proportionately in that portion of the national
+product which should be assigned to wage-labour as a whole. If therefore
+this portion were to be increased in a manner to which we shall
+presently refer, there would also be a rise in the share of the
+individual workers, in proportion to the rise in the nett result of
+national production. This scheme would form the groundwork of an
+individually just social wage system, a system by which the better
+workman would also be better paid, which would therefore balance the
+rights and interests of the workers among themselves, which moreover
+would ensure the productivity of national labour by variously rewarding
+the good and bad workers, thus recognising the rights and interests of
+the whole community, and lastly, which would continuously raise the
+labour-wage in proportion to the increase in national productivity (and
+also to the increasing returns of capital, whether fixed or moveable,
+applied to production).
+
+I may here point out, however, that with all this we should not have
+arrived at an absolutely just system of remuneration of wage labour,
+unless we introduced a more complete social valuation of products in the
+form of normal labour pay instead of metal coinage.
+
+But _Rodbertus_ wishes to see his "normal _work_ labour-day"--equal to
+10 normal work hours--established as a universal measure of product
+value as well as of the value of labour: "Beyond and above what we have
+yet laid down the most important point of all remains to be established;
+the normal _work_ labour-day must be taken as the unit of _work time_ or
+_normal time_, and according to such work time or normal time (according
+to labour so computed) we must not only normalise the _value of the
+product_ in each industry, but must also determine the wages in each
+kind of work."
+
+He claims that the one is as practicable as the other. First, with
+regard to regulating the value of product according to work time or
+normal work. In order to do this the "normal work labour-day"--which in
+any trade equals one day (in the various trades it may consist of a
+varying number of normal time hours), and which represents a quantity of
+product equal to a normal day's work--this normal work day must be
+looked upon as the unit of work time or normal work, and in all trades
+it must be divided into an equal number (10) of work hours. The product
+in all trades will then be measured according to such work time. A
+quantity of product which should equal a full normal day's work, whether
+it be the product of half a normal time labour-day, or of two normal
+time labour-days, would represent or be worth one work day (10 work
+hours); a quantity of product which should equal half a normal day's
+work, whether it be the product of a normal work time or not, would
+represent or be worth half a day's work or five work hours.
+
+The product of a work hour in any trade would therefore, according to
+this measure, equal the product of a work hour in all other trades; or
+generally expressed: Products of equal work times are equal in value.
+Such is approximately the scheme of _Rodbertus_.
+
+A really normal labour-day--normal _time_ and normal _work_
+labour-day--would be necessary in any regulated social system that
+sought on the one hand, in the matter of distribution of wages, to
+balance equally "the rights and interests of the workers amongst
+themselves"; and on the other hand, in the matter of productivity, to
+balance equally the "rights and interests of the workers with those of
+the whole community," by means of State intervention. It would therefore
+be necessary not merely in a State regulated capitalist society, with
+private property in the means of production, as _Rodbertus_ proposed to
+carry it out under a strongly monarchical system, but also and specially
+would it be necessary under a democratic Socialism, if, true to its
+principles as opposed to Communism, it aimed at rewarding each man
+proportionately to his performance, instead of allowing each man to work
+no more than he likes, and enjoy as much as he can, which is the
+communistic method.
+
+The only difference would be this: that any socialistic system must
+divide the nett result of production--after deducting what is required
+for the public purposes of the whole community--in proportion to the
+amount of normal time contributed, and must make the distribution in
+products valued according to the cost of their production computed in
+normal time; whilst _Rodbertus_, who wishes to preserve private
+property, finds it necessary to add one more point to those mentioned:
+the periodical normalisation of wage conditions in all trades. He is
+very clear upon this point. "The State must require the rate of wage for
+the normal working-day in any trade to be regulated and agreed upon by
+the employers and employed among themselves, and must also ensure the
+periodical readjustment of these regulations and the increase in the
+rate of wages in proportion to the increase in the productivity of
+work."
+
+But _Rodbertus_ clearly perceived the difference between a normalised
+capitalist system and a normalised socialism, neither communistic nor
+anarchist. Were the workers alone, he continues, entitled to a share in
+the national product value, every worker would have to be credited with
+and paid for the whole normal time during which he had worked, and the
+whole national product value would be divided amongst the workers
+alone. For instance, if a workman had accomplished one and a half normal
+day's work in his normal time working-day, he would be credited with 15
+work hours, and paid accordingly; if he had only accomplished half a
+normal day's work in the whole of his normal time working-day, he would
+be credited with only five work hours. The whole national profit, which
+would be worth x normal work, would then go in labour wage, which would
+amount to x normal work. But such a state of things, which may exist in
+the imaginations of many leaders of labour is, according to Rodbertus,
+the purest chimera: "In no condition of society can the worker receive
+the whole product of his normal work, he can never be credited in his
+wage with the whole amount of normal work accomplished by him; under all
+circumstances there must be deducted from it what now appears as ground
+rent and interest on capital." Ground rent and interest on capital are,
+according to Rodbertus, remuneration for "indirect work" for the
+industrial function of directing or superintending production. "If
+therefore the worker has accomplished, in his normal time working-day,
+10 hours of normal work, in his wages he will perhaps be only credited
+with _three_ work hours, in other words the product value of three work
+hours will be assigned to him"; for the product value of one work hour
+would represent perhaps his contribution to the necessities of the State
+(taxes), and three work hours would have to go towards what is now
+called ground rent, and another three to interest on capital.
+
+It is impossible here to enter upon a complete critical discussion of
+the practicability of the capitalist normal working-day, as conceived by
+Rodbertus; but I may be allowed in passing to indicate one or two points
+of criticism.
+
+I maintain my opinion expressed above, that the cost of production in
+terms of normal labour is not the only factor to be considered in the
+valuation of products and the regulation of wages; hence, I still claim
+that the social measure of value in terms of the cost of production
+cannot be applied to labour products or to labour contributions without
+reference to the rise and fall of their value in use. Should, however,
+the State eventually interfere in the regulation of wages and prices,
+then I allow that the normal working-day of Rodbertus would become of
+importance to us for that purpose. For the rest, I hold that it has by
+no means been proved that such an exercise of interference could succeed
+even under a monarchical government based on private property, far less
+under a democratic government with a socialistic system of ownership.
+Neither do I regard it as proved that this method of State normalisation
+would actually achieve the establishment of a more normal state of
+affairs than can be arrived at in a social system where freely organised
+self-help is the rule, _i.e._ where both classes, Capital and Labour,
+can combine freely among themselves within the limits of a positive code
+safeguarding the rights of the workers. The direction taken by modern
+industrial life towards the harmonious conciliation of both classes, by
+means of the wage-list, the wage-tariff, and the sliding scale with a
+fixed minimum wage for entire branches of industry, and so forth,
+promises an important advance towards the establishment of a more normal
+wage-system.
+
+In considering the question of the working-day as an instrument for
+affecting wages, it will be found that on the whole perhaps as much, or
+even more, may be achieved (and with fewer countervailing disadvantages)
+by the maximum working-day of free contract, varying according to trade,
+than by the normal working-day in the narrow meaning which Rodbertus has
+given to the term.
+
+The complete elimination of the capitalist individualistic method of
+determining wages and prices, in favour of the measurement by "normal
+time" and "normal work" alone, would be open to grave objections both in
+theory and practice. Above all there is the practical danger of
+overburdening the State with the task of regulating and normalising, a
+task which only the most confirmed optimism would dare to regard
+lightly. It appears to me exceedingly doubtful at the present whether
+any State, even the most absolute monarchy with the best administration,
+would be competent to undertake such a task. I can see no likelihood of
+satisfaction on this point for some time to come, and must therefore
+range myself on the side of those who claim a better chance of success
+for the simpler method of improved organisation for the free settlements
+of wage-disputes by united representatives of both classes. But these
+and similar investigations are beyond the range of the main subject
+under discussion in this book.
+
+My task is to prove that the maximum working-day of protective policy,
+or of protective and wage-policy, has nothing to do with the normal
+working-day in its strict sense--whether it be the normal working-day of
+Rodbertus separately adjusted in separate branches of industry, or the
+all-round normal working-day of non-communistic socialism. The normal
+working-day in the precise sense of Rodbertus, or even in the sense of
+the more rational socialists, affords an artificially fixed unit of
+value for the equitable determination of wages and prices; but it is
+neither a regulation by protective legislation of the longest
+permissible duration of the work within the astronomical day, nor a
+method of influencing the capitalistic settlement of wages by the legal
+enforcement of a much shorter maximum working-day. A normal working-hour
+would serve as well as a normal working-day for a common denominator for
+the uniform reduction of the various kinds of work to one normal measure
+of time and labour, with a view to the valuation of the products and
+contributions of labour.
+
+It may be said that the normal working-day, in the sense of Rodbertus,
+by virtue of its being a matter periodically fixed and prescribed, is a
+normal working-day also in that wider sense in which the term may
+equally be applied to the maximum working-day of protective policy. But
+it cannot claim the title of normal working-day from the fact of this
+_fixity_ or this _artificial regulation_, but only from the essential
+fact that it serves the purpose of a valuation of labour products and
+labour contributions on a scale which is really normal, _i.e. socially
+just and equitable_.
+
+The importance from a theoretic point of view of a distinction between
+the maximum working-day and the normal working-day would of itself have
+justified our dwelling on the foregoing details. But these details are
+also of practical importance in considering the policy of the ten hours
+day of Labour Protection, as against the legal eight hours day. One word
+more on this point: _the eight hours day threatens to ultimately
+develope, should Socialism as an experiment ever be tried, into a normal
+working-day of the worst possible kind_.
+
+Democratic Socialism has, hitherto at least, adopted on its party
+programme no formulary of the normal working-day required by it. It will
+scarcely find a better formulary than that of _Rodbertus_ (omitting the
+periodical re-adjustment of the whole share of Labour as against
+Capital, see pp. 123, 124). The normal measure of _Rodbertus_ would be
+an incomparably superior method to that of regarding as equal all
+astronomic labour time without respect to differences in the arduousness
+of the labour in the various trades, no attempt being made to determine
+the unit of normal work per normal time-day or normal time-hour. But
+would Democratic Socialism have really any other course open to it than
+to treat all labour time as equal, and so to bring about the adoption of
+a socialistic normal time of the most disastrous type, viz. the
+submergence of the _socially normal working-day_ in the _general maximum
+working-day_?
+
+To the enormous difficulties, technical and administrative, inherent in
+the normal labour time of Rodbertus, would inevitably be added the
+special and aggravated difficulties arising from the overpowering
+influence of the masses under a democratic "Social State," on the
+regulation of normal time. Social Democracy, as a democracy, would
+almost necessarily be forced to concede the most extreme demands for
+equality, _i.e._ the claim that the labour hour of every workman should
+be treated as equal to that of every other workman, without regard to
+degrees of severity, without regard to differences of kind, and without
+regard to degrees of individual capacity and the fluctuations of value
+in use. In any case the Social State would probably not dare to
+emphasize in the face of the masses the extraordinary differences of
+normal labour in astronomically equal labour time, _i.e._ it might not
+venture to assign different rewards to equal labour times on account of
+differences in the labour. And yet if it failed to recognise those
+differences Social Democracy would be doomed from the outset.
+
+It can thus be easily understood why Social Democracy has hitherto
+evaded her own peculiar task of precisely determining a practicable,
+socialistic, normal working-day.
+
+There were two ways in which it was possible to do this: either by
+merely agitating for an exaggeration of the maximum working-day of
+capitalist Labour Protection, or by adhering to the communistic view
+which altogether denies the necessity for any reduction to normal time.
+And we find in fact among Social Democrats, if we look closely, traces
+of both these views.
+
+According to the strict requirements of the Socialists, not only a
+maximum working-day, but also and especially a minimum working-day
+ought properly speaking to be demanded in order to meet the dire and
+recognised needs of the large masses of the people. Instead of this,
+Social Democracy holds out the flattering prospect of a coming time in
+which the working-day for all will be reduced to two or three hours, so
+that after the need for sleep is satisfied, at least twelve hours daily
+may be devoted to social intercourse, art and culture, and to the
+hearing or delivering of lectures and speeches. No attention whatever is
+paid to the trifling consideration, that either there might be a
+continual increase in the population and a growing difficulty in
+obtaining raw material for the purposes of production; or on the other
+hand that the population might remain stationary or decrease, and
+therewith progress in technique and industrial skill might come to an
+end.
+
+While more and more the hopes of the people are being excited by
+promises of great results from the progressive shortening of the maximum
+working-day--through the increased productivity of labour--still we hear
+nothing with reference to the normal working time, or the regulation by
+it of values of products and labour. The party has not yet, to my
+knowledge, committed itself at all on this point; it is probable
+therefore that it has not arrived at possessing a clearly worked out
+conception of this, the very foundation question of the socialistic,
+non-communistic "Social State"; still less has it any programme approved
+by the majority of the party.
+
+To represent equal measures of working time of different individuals in
+different trades by unequal lengths of normal time, or, in other words,
+to assign unequal rewards to astronomically equal measures of working
+time, is an idea that goes assuredly against the grain with the masses
+of the democracy. It is found better to be silent on this point. Hitze,
+who has taken part in all transactions of protective legislation in the
+German Reichstag, states from his own experience that the parliamentary
+wing of the Social Democrats has always had in view the _maximum_
+working-day, and never the _normal_ working-day. He says: "None of those
+who have moved labour resolutions in the German Reichstag (not even such
+of them as were Social Democrats) have ever contemplated the
+introduction of the normal working-day, either as intended by the
+socialistic government of the future, or as conceived by Rodbertus--but
+they have always had in their minds the maximum working-day only--the
+fixing of an upward limit to the working time permissible daily, even
+though they may frequently have made use of the rather ambiguous
+expression 'a normal working-day.'"
+
+It will, however, be impossible for the movement to continue to evade
+this main point. In spite of all danger of division, in one way or
+another the party must come to a decision, must formulate on its
+programme some socialistic normal working-day as a common denominator
+for the valuation of commodities, and the apportionment of remuneration
+to all. The result of this would be to destroy all the present illusions
+concerning the possibility of providing employment for the industrial
+"reserve army," and securing a general rise of wage per hour by means
+of the adoption of an eight hours day.
+
+There are then only three courses open to them; either to develope the
+normal working-day logically into a socialistic form, perhaps by making
+use of the proposals of Rodbertus; or secondly, to treat the maximum
+working-day as the normal working-day, _i.e._ to regard the hours of
+astronomical working time of all workers as equal in value (without
+attempting any reduction to a _socially normal_ time), and to make this
+the basis of all valuation of goods and apportionment of remuneration;
+or, thirdly, the communistic plan of dispensing with all normal
+working-time on the principle that each shall work as little as he
+chooses, and enjoy as much as he likes.
+
+The first of these possible courses--the adoption of the views of
+Rodbertus--is rendered unlikely by the democratic aversion to reckoning
+equal astronomical times of work as unequal amounts of normal work, to
+say nothing of the practical difficulties and deficiencies which I have
+already pointed out in Rodbertus' formulary.
+
+The second course is the one that would more probably be followed by the
+Social Democrats; viz. the completion of their programme by identifying
+the standard of normal working-time with the astronomical individual
+working-time, _i.e._ by assigning a uniform value to all hours of
+astronomical time. But in this event Social Democracy would alienate the
+very pick of its present following; for this identification would
+involve that the more industrious would have to work for the less
+industrious, and the latter would gain the advantage. It can hardly in
+any case come to a practical attempt to enforce this view; but even
+theoretically the strongest optimism will not be able, I believe, to
+explain away the probability, approaching to a certainty, that such an
+attempt, implying the grossest injustice to the more diligent and
+skilful workers, would literally kill the labour of the most capable,
+and would therefore lead to an incalculable fall in the product of
+national work, and consequently also in wages. But it would be extremely
+difficult to convince the masses, among whom the Socialist agitation is
+mostly carried on, of the truth of this contention. They would
+undoubtedly demand in the name of equality that the astronomical hour
+should be treated as the normal working-hour, and this has already shown
+itself in the demand for a general minimum wage per hour.
+
+It would be no great step from this to the third and most extreme
+alternative. This would be that there is, forsooth, no need for any
+normalisation, or for any normal working-day! It should no longer be:
+"to each according to his work, through the intervention of the State!"
+but rather, "to each one as much work as he can do, and as much
+enjoyment as he pleases!" Even that craze for equality, which would make
+a normal time-measure of the astronomical hour of the maximum
+working-day, would be superseded, and the identification of the maximum
+and normal working-days would be set aside by such a view as this.
+Practically, we need not fear that matters will go to this extreme. But
+it is interesting to note (and since the expiration of the German
+Socialist Laws in 1890), it is no longer treading on forbidden ground
+to point out that this cheap and easy agitation in the direction of pure
+communism which went on for years even under the Socialist Laws and
+before the very eyes of the police, has to-day already taken a very wide
+hold by means of fugitive literature and pamphlets.
+
+It is not my intention to assert that the present leaders of Social
+Democracy are scheming to treat the astronomical working-hour as the
+unit of normal time in the event of the introduction of a socialist
+government. They are not guilty of such madness. As I have shown, the
+present leaders of the Social Democrats are aiming at the eight hours
+day only as a protective measure and a means of affecting wages, and
+they aim at realising it purely on the present capitalist basis. They do
+not give the slightest indication of desiring that the eight hours day
+should give to all workers the same wage for every hour of normal or
+astronomical working-time. Social Democracy still confines its activity
+entirely within the limits of the capitalist order of society, however
+much isolated individuals might wish to step forward at once, and
+without disguise. But would the present leaders be able to hold their
+own if the masses expressed a desire to have each astronomical
+labour-hour in their maximum working-day (at present of eight hours, but
+no doubt before long of six hours) recognised as the normal time-hour?
+
+I trust that in the foregoing pages I have at least succeeded in making
+this one point clear; that the Policy of Labour Protection has nothing
+to do with any normal working-day. And for this reason: that it rejects
+the _"universal" maximum working-day_; and rejects it not merely as a
+measure of protective policy, but also as a measure affecting wages.
+
+FOOTNOTES:
+
+[8] This has so far not yet been done.
+
+[9] Auer Motion, Sec. 130.
+
+[10] Cf. The Commentary on Dollfuss in Brassey's _Work and Wages_.
+
+[11] Official records for 1885.
+
+[12] The motion of Patterson runs thus: "That, in the opinion of this
+Congress, it is of the utmost importance that an eight hours day should
+be secured at once by such trades as may desire it, or for whom it may
+be made to apply, without injury to the workmen employed in such trades;
+further, it considers that to relegate this important question to the
+Imperial Parliament, which is necessarily, from its position,
+antagonistic to the rights of labour, will only indefinitely delay this
+much-needed reform."
+
+
+
+
+BOOK II.
+
+
+
+
+CHAPTER V.
+
+PROTECTION OF INTERVALS OF WORK: DAILY INTERVALS, NIGHT REST, AND
+HOLIDAYS.
+
+
+1. _Daily intervals of work._
+
+The uninterrupted performance of the whole work of the day is not
+possible without intervals for rest, recreation, and meals. Even in the
+crush and hurry of modern industry, certain daily intervals have been
+secured by force of habit and common humanity.
+
+Yet the necessity for ensuring such intervals by protective legislation
+is not to be disputed, at least in the case of young workers and women
+workers in factory and quasi-factory business. From an economic point of
+view there is nothing to be urged against it.
+
+In addition to the protection of women and young workers with regard to
+duration of daily work, England has also enjoined intervals of rest for
+all protected persons. In textile industries the work must not continue
+longer than 41/2 hours at a time without an interval of at least half an
+hour for meals; within the working day a total of not less than 2 hours
+for meals must be allowed. In other than textile industries, women and
+young persons have a total of 11/2 hours, of which one hour at least must
+be before 3 o'clock in the afternoon; the longest duration of
+uninterrupted work amounts to 5 hours. In workshops where children or
+young persons are also employed, the free time for women amounts to 11/2
+hours; in non-domestic workshops where women alone are employed (between
+6 a.m. and 9 p.m.), 41/2 hours is the total. The same time is allowed to
+young persons. In domestic workshops no free time is legally enforced
+for women; for young persons it amounts to the same time as that for
+women alone in non-domestic workshops.
+
+I do not wish to deal with the regulations of all countries; I am only
+concerned to point out that, as compared with the labour protective
+legislation of England, the foremost industrial nation, German
+legislation on the protection of intervals appears to be rather
+cautious, as even in the _von Berlepsch_ Bill it merely secures regular
+intervals for children within the 6 hours work, and for young persons
+(from 14 to 16 years) an interval of half an hour at mid-day, besides
+half an hour in the forenoon and afternoon, and for women workers an
+interval of an hour at midday (Sec. 135_f_).
+
+The English law requires simultaneous intervals for meals for all
+protected persons working together in the same place of business; and
+such intervals may not be spent in the work-rooms where work is
+afterwards to be resumed.
+
+The _von Berlepsch_ Bill (Sec. 136, 2) requires only the young workers to
+leave the work-rooms for meals, and even this with reservation: "During
+the intervals the young workers shall only be permitted to remain in the
+work-rooms on condition that work is entirely suspended throughout the
+interval, in that part of the business in which the young workers are
+employed, or where it is found impracticable for them to remain in the
+open air, or where other rooms cannot be procured without
+disproportionate difficulty."
+
+The lengthening of the mid-day interval for married women or heads of
+households, to enable them to fulfil their domestic duties, is
+recommended by the German Reichstag and provided for in the _von
+Berlepsch_ Bill, in the fourth paragraph of Sec. 137, as follows: "Women
+workers above the age of 16 years, having the care of a household, shall
+be set free half an hour before the mid-day interval unless this
+interval amounts to at least 11/2 hours. Married women and widows with
+children shall be accounted as persons having the care of a household,
+unless the contrary is certified in writing by the local police
+magistrate, such certificate to be granted free of stamp and duty." This
+measure indicates a fragmentary attempt from the outside to protect the
+woman in her family vocation, and as such belongs to the question of
+protection of married women. The opponents of the measure--and they are
+many--make the objection that the result will be that women with
+families will be unable to obtain employment. Whatever may be said for
+or against the measure, there is no doubt that an interval of an hour
+and a half at mid-day ought to be granted to every workwoman, to place
+and keep her in a position in which she can discharge the duties of
+preparing the family meals and looking after her children. Therefore the
+injunction of a mid-day interval of 11/2 hours in all factory business in
+which women over 16 years of age are employed would perhaps be a juster,
+more effectual, and more expedient measure, and would not prejudice the
+employment of women. But will it be possible to bring about the
+international uniform extension of the present interval of two hours to
+two hours and a half (inclusive of the forenoon and afternoon
+intervals)? The problem is surrounded by undeniable practical
+difficulties.
+
+The Auer Motion (Sec. 106_a_, 2. cf. Sec. 130) demands the extension of
+protection of intervals of work to all industries. Hitherto it has only
+been extended to women and young workers, and only to such as are
+employed in factory and quasi-factory business. We need not here go into
+the question whether it can be proved to be to some extent necessary in
+the more irksome and laborious trades and in household industry.
+
+
+2. _Protection of night rest ("Prohibition of night work.")_
+
+Night rest has long been subjected by force of custom and necessity to
+very comprehensive measures of protection. Nevertheless it has become
+more or less of a necessity, even for men, to supplement such protection
+by extraordinary intervention of the State in factory and quasi-factory
+industrial trades, in some cases also in handicraft business (_e.g._ in
+bakeries, in public-house business, and in traffic and transport
+business). The self-help of the workmen and the moral influence of the
+civil and religious conscience are no longer a sufficient power of
+protection.
+
+The entire general prohibition of all industrial night work would go
+beyond the limits of practical necessity, and the State would have no
+means of enforcing such a general prohibition.
+
+Exceptions to the prohibition of night work are unavoidable, even in
+factory and quasi-factory business (cf. Chap. VII.).
+
+The number of women and children employed in night work is not great. It
+might, however, become greater through the introduction of electric
+lighting in Germany. Protection of night rest for women and children is,
+therefore, as practically necessary as ever.
+
+The actual condition of Labour Protection in regard to night work, and
+the efforts and tendencies to be discerned in reference to it at the
+present time, are as follows. The resolutions of the Berlin Conference
+demand the cessation of night work (and Sunday work) for children under
+14, also for young persons, of 14 to 16 years and for women workers
+under 21 years of age.
+
+The _von Berlepsch_ Bill (Sec. 137_i_) altogether excludes night work for
+women in factory (Sec. 154) and quasi-factory business.
+
+Of course exceptions may be permitted by order of the Bundesrath
+(Federal Council). The power of the Bundesrath to grant exceptions is
+very general and unrestricted (Sec. 139_a_, 2). "The employment of women
+over 16 years of age in night work in certain branches of manufacturing
+industry in which such employment has hitherto been customary, shall be
+permitted subject to certain conditions demanded by health and
+morality."
+
+The Auer Motion demands the exclusion of all women and young persons
+from "regular" night work.
+
+
+3. _Protection of holidays._
+
+Protection of daily intervals secures the necessary intermission of work
+during the day. Protection of night rest guarantees the necessary and
+natural chief interval within every astronomical day. Protection of
+holidays makes provision for the no less needed ordinary and
+extraordinary intermission of work during entire days, Sundays, and
+festivals.
+
+Strictly speaking, protection of holidays has long existed. The Church
+exercised a powerful influence in this respect over legislation and
+popular custom. Labour protection only seeks to restore this protection
+in its entirety (and as far as possible in its former extent--hence not
+merely in factory and quasi-factory business) in the State of to-day,
+which is practically severed from the controlling influence of the
+Church. Holidays are a general necessity; not merely a necessity for
+young persons, not merely in factory and quasi-factory industries, but
+in all industries.
+
+But England, the greater number of the North American States, Denmark,
+Holland, Belgium, France and hitherto Germany (with its highly
+unpractical article Sec. 105, 2, of the Imp. Ind. Code), grant protection
+of Sunday rest only to their "protected persons," and only in factory
+and quasi-factory business; but we must not here forget that there
+exists also protection of opportunities for religious observances
+extending over nearly the whole area of national industry, which is
+enforced partly by law and partly by tradition.
+
+Austria prohibits Sunday employment in _all_ industrial work.
+
+An important extension and equalising of protection of holidays in
+Europe is projected in the resolutions of the Berlin Conference. The
+resolutions read as follows: "1. It is desirable, with provision for
+certain necessary exceptions and delays in any State: (_a_) that one day
+of rest weekly be ensured to protected persons; (_b_) that one day of
+rest be ensured to all industrial workers; (_c_) that this day of rest
+be fixed on the Sunday for all protected persons; (_d_) that this day of
+rest be fixed on the Sunday for all industrial workers. 2. Exceptions
+are permissible (_a_) in the case of any business which on technical
+grounds requires that production shall be carried on without
+intermission, or which supplies the public with such indispensable
+necessaries of life as require to be produced daily; (_b_) in the case
+of any business which from its nature can only be carried on at definite
+seasons of the year, or which is dependent on the irregular activity of
+elemental forces. It is desirable that even in such cases as are
+enumerated in this category, every workman be granted one out of every
+two Sundays free. 3. To the end that exceptions everywhere be dealt with
+on the same general method, it is desirable that the determination of
+such exceptions result from an understanding between the different
+States."
+
+The _von Berlepsch_ Bill ensures a very extensive measure of protection
+of holidays by the following means: it extends the application of
+provisions Sec. 105_a_ to 105_h_ in paragraph 1 of Chapter VII. of the Imp.
+Ind. Code to all workshop labour, it strictly limits Sunday work in
+trade and defines the permissible exceptions: moreover, it allows of
+unlimited extension of this kind of protection to all industry by means
+of an imperial rescript (Sec. 105_g_), and finally it foreshadows further
+protective action in the sphere of common law (105_h_).
+
+The Auer Motion contains a general extension and simplification of
+protection of holidays (Sec. 107, 1): "Industrial work shall be forbidden
+on Sundays and festivals" (with certain specified and strictly defined
+exceptions).
+
+Protection of holidays serves to four great ends: religious instruction,
+physical and mental recreation, family life and social intercourse.
+Protection of holidays has to take special measures to meet these four
+special ends.
+
+In the first place holidays must be general, for the whole population,
+in order to allow of instruction in common, and general social
+intercourse. For this reason even the most "free-thinking" friend of
+holiday rest will be willing to grant it in the form of Sunday rest and
+festival days, and will allow it to be so called; in France and Belgium
+only, as appears from the reports of the Berlin Conference, do
+difficulties lie in the way of allowing protection of holidays to take
+the form of protection of Sundays and festival days.
+
+The second end subserved by protection of holidays will be to ensure
+that only the absolutely necessary amount of work shall be performed on
+Sundays in those industries in which there is only a conditional
+possibility of devoting the Sunday to recreation, family life, and
+social intercourse, especially in carrying trades, employment in places
+of amusement and in public houses, in professional business, personal
+service, and the like, also in all labours which are socially
+indispensable. We shall return to this question in Chapter VII.
+(exceptions to protective legislation). The question now arises whether
+the religious protection of holidays does not already indirectly serve
+all the purposes of the necessary weekly rest for labour. This question
+must be answered in the negative. It is true that this does effect
+something which Labour Protection as such cannot effect, in that it
+extends beyond the workers and enforces rest on the employers also and
+their families. But it does not ensure to the workers themselves the
+complete protection necessary, and it does not fulfil all the purposes
+of protection of holidays.
+
+The actual condition of affairs in Germany is as follows, according to
+the "systematic survey of existing legal and police regulations of
+employment on Sundays and festivals" (Imperial Act of 1885-6). In one
+part of Germany the police protection of the Sunday rest is in effect
+only protection of religious worship. In another group of districts, the
+suspension during the entire Sunday of all noisy work carried on in
+public places is enforced, but within industrial establishments noisy
+work is not forbidden. A third group of rules lays down the principle
+that Sundays and festivals shall be devoted not only to religious
+worship and sacred gatherings, but also to rest from labour and
+business.
+
+The rules contained in this group apply especially to factory labour,
+but in many cases also to handicraft and various kinds of trading
+business, without regard to the question whether the work carried on in
+such business is noisy or disturbing to the public, exceptions being
+granted in certain defined cases. This third group of rules is in force
+in the provinces of Posen, Silesia, Saxony, the Rhine Provinces,
+Westphalia, the former Duchy of Nassau, and in the governmental district
+of Stettin, but in all these only with respect to factory work; also in
+the former Electorate of Hesse, the Bishopric of Fulda, the province of
+Hesse-Homburg, and in the town of Cassel; in Saxony, Wurtemburg,
+Mecklenburg Schwerin, Mecklenburg Strelitz, Saxe-Altenburg,
+Saxe-Coburg-Gotha, Anhalt, Schwartzburg-Rudolstadt, the old and the new
+Duchy of Reuss and Alsace-Lorraine.
+
+A supplementary statistical inquiry into the extent of Sunday work in
+Prussia (not including districts whose official records could not be
+consulted) shows that Sunday work is carried on:--
+
+
+ _In wholesale industries_: in 16 governmental districts, by 49.4%
+ of the works, and by 29.8% of the workers.
+
+ _In handicraft business_: in 15 governmental districts, by 47.1% of
+ the works, and by 41.8% of the workers.
+
+ _In trading and carrying industries_: in 29 governmental districts,
+ by 77.6% of the employers or companies, and by 57.8% of the
+ workers.
+
+
+Hence there can be no doubt as to the necessity in Germany for
+extraordinary State protection of the Sunday holiday, by means of
+protective legislation, applying also to handicraft business and to a
+part of trading and carrying industry.
+
+About two-thirds of the employers and three-fourths of the workmen have
+declared themselves for the practicability of the prohibition of Sunday
+work, nearly all with the proviso that exceptions shall be permitted.
+
+The duration of holiday rest practically can in most cases be fixed from
+Saturday evening till early on Monday morning.
+
+The _von Berlepsch_ Bill proposes to enforce legally only 24 hours; the
+Auer Motion demands 36 hours, and when Sundays and festivals fall on
+consecutive days, 60 hours.
+
+The shortening of work hours on Saturday evening in factory industries
+and in industries carried on in workshops of a like nature to factories
+is a very necessary addition to Sunday rest; provision must also be made
+to prevent the work from beginning too early on Monday morning if Sunday
+protection is to attain its object. The shortening of work hours on
+Saturday evening is especially necessary to women workers to enable them
+to fulfil their household duties, and it is necessary to all workers to
+enable them to make their purchases. England and Switzerland grant
+protection of the Saturday evening holiday.
+
+Legislation will not have completed its work of extending protection of
+holidays, even when the limits have been widened to admit trading
+business. Further special regulations must be made for the business of
+transport and traffic. Switzerland has already set to work in this
+direction. In Germany, in consequence of the nationalisation of all
+important means of traffic, much can be done if the authorities are
+willing, merely by way of administration.
+
+We cannot lay too much stress on this question of the regulation and
+preservation of holiday time by means both of legislative and
+administrative action. For its actual enforcement it is true the
+co-operation of the local police magistrates is necessary, but the
+regulation of this protection ought not to be left in their hands. It
+must be carried on in a uniform system and with the sanction of the
+higher administrative bodies. We shall return to this question also in
+Chapter VII.
+
+
+
+
+CHAPTER VI.
+
+ENACTMENTS PROHIBITING CERTAIN KINDS OF WORK.
+
+
+Besides the mere protective limitations of working time and of the
+intervals of work, we have also the actual prohibition of certain kinds
+of work. Freedom in the pursuit of work being the right of all, and work
+being a moral and social necessity to the whole population, prohibition
+of work must evidently be restricted to certain extreme cases.
+
+Such prohibition is however indispensable, for there are certain ways of
+employing labour which involve actual injury to the whole working force
+of the nation, and actual neglect of the cares necessary to the rearing
+and bringing up of its citizens, and there are certain kinds of
+necessary social tasks, other than industrial, the performance of which,
+in the special circumstances of industrial employment, require to be
+watched over and ensured by special means in a manner which would be
+wholly unnecessary among other sections of the community. And thus we
+find a series of prohibitions of work, partly in force already, and
+partly in course of development.
+
+
+1. _Prohibition of child-labour._
+
+This is prohibition of the employment of children under 12 years of age
+(13 in the south), of children under 10 years of age, in factory work
+(see Book I.). Prohibition of child-labour must not be confused with
+restriction of child-labour (see Book I.), viz. restriction of the
+labour of children of 12 to 14 years of age, in the south of 10 to 12
+years of age. It does not involve prohibition of _all_ employment of
+children under 12 years of age, such as help in the household or in the
+fields.
+
+The prohibition of child-labour within certain limits is necessary in
+the interests of the whole nation, for the physical and intellectual
+preservation of the rising generation, hence it is to the interest also
+of the employers of industrial labour themselves.
+
+Special Labour Protection with regard to child-labour is indeed
+necessary. Ordinary administrative and judicial protection evidently are
+insufficient to ensure complete security to childhood. Equally
+insufficient are any of the existing not governmental agencies, such as
+family protection; the child of half-civilised factory hands and
+impoverished workers in household industries needs protection against
+his own parents, whose moral sense is often completely blunted.
+
+Prohibition of child-labour in factory and quasi-factory industries
+rests on very good grounds. It is not impossible, not even very
+improbable, that prohibition of child-labour may sooner or later be
+extended to household industry; the abuse of child-labour is even more
+possible here than in factory work; the possibility is by no means
+excluded by enforcement of school attendance. But all family industry is
+not counted as household industry. The extension of Labour Protection
+in general, and of prohibition of child-labour in particular, to
+household industry, raises difficulties of a very serious kind when it
+comes to a question of how it is to be enforced.
+
+In the main, prohibition of child-labour will have to be made binding by
+legislation. In its eventual extension to household industry, the
+Government will however have to be allowed facilities for gradually
+extending its methods of administration.
+
+The task of superintending the enforcement of prohibition will in the
+main be assigned to the Industrial Inspectorate. The oldest hands in any
+business, the "Labour Chambers," and voluntary labour-unions, will
+moreover be able to lend effectual assistance to the industrial
+inspector or to a general labour-board. The factory list of young
+workers may be used as an instrument of administration.
+
+In Germany childhood is protected until the age of 12 years. The
+extension of prohibition of child-labour to the age of 14 years in
+factory and quasi-factory business, is, however, in Germany probably
+only a question of time. The Auer Motion in regard to this represents
+the views of many others besides the Social Democrats. Switzerland, as I
+have shown, has already conceded this demand, claimed on grounds of
+national health. The impending Imp. Ind. Code Amendment Bill places the
+limit at 13.
+
+An internationally uniform advance towards this end by the equalisation
+of laws affecting the age of compulsory school attendance, would
+certainly be desirable.
+
+The widest measure of protection of children is contained in the
+Austrian legislation, which decrees in the Act of 1885, that until the
+age of 12 years children shall be excluded from all regular industrial
+work, and until the age of 14 years, from factory work: "Before the
+completion of the 14th year, no children shall be employed for regular
+industrial work in industrial undertakings of the nature of factory
+business; young wage-workers between the completion of the 14th and the
+completion of the 16th year shall only be employed in light work, such
+as shall not be injurious to the health of such workers, and shall not
+prevent their physical development."
+
+The resolutions of the Berlin Conference recommended the prohibition of
+employment in factories of children below the age of compulsory school
+attendance.
+
+Resolution III. 4 requires: "That children shall previously have
+satisfied the requirements of the regulations on elementary education."
+
+Exclusion of child-labour extends beyond the general inferior limit of
+age, in individual cases where the employment of children is made
+conditional on evidence of their health, as in England. And here the
+medical certificate of health comes in as a special instrument of
+administration in Labour Protection.
+
+In certain kinds of business, prohibition of child-labour extends beyond
+the general inferior limit of age. England has led the way in such
+prohibition, excluding by law the employment of children below the age
+of 11 years in the workrooms of certain branches of industry, _e.g._
+wherever the polishing of metal is carried on; of children below the
+age of 14 years, in places where dipping of matches and dry polishing of
+metal is carried on; of girls below the age of 16 years, in brick and
+tile-kilns, and salt works (salt-pits, etc.); of children below the age
+of 14 years, and girls below the age of 18 years, in the melting and
+cooling rooms in glass factories; of persons below the age of 18 years
+in places where mirrors are coated with quicksilver, or where white-lead
+is used.
+
+
+2. _Prohibition of employment in occupations dangerous to health and
+morality._
+
+Such prohibition seems necessary in all industrial trades. It is however
+difficult to enforce it so generally, and hitherto this has not been
+accomplished.
+
+The Imperial Industrial Code in the _von Berlepsch_ Bill (cf.
+resolutions of the Berlin Conference, Chap. IV. 4, and V. 4) admits an
+absolute prohibition of all female and juvenile labour, under sanction
+of the local authorities (Sec. 139_a_ 1.): "The _Bundesrath_ shall be
+empowered to entirely prohibit or to allow only under certain
+conditions, the employment of women and young workers in certain
+branches of factory work, in which special dangers to health and to
+morality are involved." The same Bill (Sec. 154, 2, 3, 4) extends such
+prohibition over the greater part of the sphere of quasi-factory
+business.
+
+The last aim of protection of health--the exclusion of such injurious
+methods of working as may be replaced by non-injurious methods in all
+industrial work, and for male workers as well as for women and
+children--must be attained by progressive extension of that
+administrative protection to which the _von Berlepsch_ Bill opens the
+way for quasi-factory labour (Sec. 154). It would be difficult to carry out
+in any other way the Auer Motion, for the "prohibition of all injurious
+methods of working, wherever non-injurious methods are possible."
+
+The general principle of prohibition might be laid down by law, and the
+enforcement of such prohibition, by order of a Supreme Central Bureau of
+Labour Protection, might be left to the control of popular
+representative bodies and to public opinion. Special legal prohibition,
+with regard to certain defined industries and methods of work injurious
+to health, would not be superfluous in addition to general prohibition;
+such special prohibition is already in force to a greater or less
+degree.
+
+The success of the prohibition in question depends on the good
+organisation of Labour Protection in matters of technique and health; on
+the efficiency of local government organs, as well as of the Imperial
+Central Bureau, and on the impulse given by the more important
+representative organs of the labouring classes. All these organs need
+perfecting. Special prohibition needs the assistance of police
+trade-regulations in regard to instruments and materials dangerous to
+health.
+
+The work that has already been done in the way of protection of morality
+by prohibition is not to be under-valued, although much still remains to
+be done. No sufficient steps have as yet been taken to meet that very
+hateful and insidious evil so deeply harmful to the preservation of
+national morality, viz. the public sale and advertisement of
+preventives in sexual intercourse, such as unfortunately so frequently
+appear in the advertising columns of newspapers, and in shop windows.
+This is not merely a question of protecting the morality of those
+engaged in the production and sale of such articles, but also of
+protecting the morality of the whole nation, maintaining its virile
+strength, and to some degree also preserving it from the dangers to the
+growth of population, incidental to an advanced civilisation. The powers
+at present vested in the police and magistrates to deal with offences
+against morals would probably be sufficient to stamp out this moral
+canker that is eating its way even into Labour Protection, without the
+scandal of legislation. But it is not by ignoring it that this can be
+accomplished.
+
+The intervention of the State as regards Labour Protection in such
+factory and quasi-factory work as is dangerous to health and decency, is
+doubtless justified in its extension to household industry and trading
+industry of the same kind; for neither is the moral character of the
+generality of employers and heads of commercial undertakings
+sufficiently perfect, nor are the discretion and self-protection of the
+workers sufficiently strong and widespread to render State protection
+unnecessary and voluntary protection sufficient.
+
+
+3. _Prohibition of factory work for married women, or at least mothers
+of families._
+
+This is a specially useful measure of protection. Modern industrial work
+has done a great injury to the family vocation of the woman, and thereby
+to family life; non-governmental agencies of Labour Protection, in its
+widest sense, have not been able to prevent this evil.
+
+But the exclusion of wives and mothers from all industrial work, or from
+earning money in any kind of domestic occupation, would be far too
+extreme a measure. Certain industrial work has always fallen to the
+share of the female sex, and the absolute prohibition of female
+employment in any kind of industrial work would render large numbers of
+persons destitute, especially in the towns, and would thereby expose
+them to moral dangers and temptation.
+
+The organs and instruments of administration for the protection of
+married women in factory and quasi-factory work, would be the same as
+for all other branches of protection of employment of women and young
+workers.
+
+Prohibition of factory work for married women is advocated in the most
+decisive manner by _Jules Simon_, _von Ketteler_, and _Hitze_. Even the
+chief objection to such protection--the danger of the diminution of
+worker's earnings, tempting them to seek immoral means of livelihood--is
+combated in the most remarkable and convincing manner by Hitze. This
+worthy Catholic writer meets the consideration of the loss of the
+factory earnings of women, with the counter-considerations of the
+depression of wage caused by the competition of female labour, and of
+the waste of money at public houses and on luxuries that takes place in
+such families as are left without a housewife or mother. We must be
+ready to make great sacrifices in the attainment of so great an object,
+for no less important a matter is at stake than the restoration of the
+family life of the whole body of factory labourers.
+
+Only we must be under no delusion as to the difficulties of the
+immediate and complete enforcement of the prohibition. The adaptation of
+motor-machinery to use in the house, enabling the wage-earner to remain
+at home, might perhaps render it practically possible to carry out the
+prohibition in question.
+
+It would also be necessary that the measures taken should be
+internationally uniform, so that separate national branches of industry
+might not suffer. A practical solution of the problem can only be
+arrived at after a careful collection of international statistics as to
+the married women and mothers employed in factory and quasi-factory
+work. Here especially, if in any department of Labour Protection, does
+the State require the support of the influence of the Churches, and of
+the organised, simultaneous, international agitation of the Churches in
+furtherance of this object. Whoever reads the above-mentioned
+writings--_Hitze's_ pamphlet gives extracts from the powerful writings
+of Jules Simon and von Ketteler--will derive therefrom some hope of the
+final success of Labour Protection in one of its most important future
+tasks. In the present situation of affairs I know of nothing which can
+shake the validity of _Hitze's_ conclusions.
+
+In the meantime, restriction of employment of all female factory labour
+to 10 hours, as proposed by the commission appointed by the German
+Reichstag (see below), must be welcomed as an important step in
+advance. _Hitze_ remarks: "The first condition of all social reform is
+the establishment of family life on a sound and secure basis. But how is
+this possible, so long as thousands of married women are working daily
+in factories for 11 and 12 hours, and are absent from their homes for
+still longer? Can domestic happiness and contentment flourish under such
+circumstances? And is the danger any less because concentrated in
+defined districts? For example, in the inspectoral district of Bautzen,
+in 1884, nearly 5,000 women were drawn away from their family life by
+factory work. No extended mid-day interval is granted to married women,
+so far as information on this point is to be obtained. Is it merely
+accidental that wherever employment of children is customary, there also
+the work of the mothers is more frequent? And must not the man's
+earnings be lessened if the wife and child are allowed to compete with
+him? And is it merely accidental that Saxony, which is precisely the
+place where female and child labour is most largely employed, should
+also be the special haunt and stronghold of Social Democracy? Have we
+any right to reproach the Social Democrats with causing the destruction
+of family life, if we show ourselves indifferent to the actual loosening
+of family ties through the regular and excessive work in factories of
+housewives and mothers? Ought we to delay any longer in appealing to
+legislation, when the dangers are so pressing? What will become of the
+youth and future of our people if such conditions become normal? And in
+fact, unless legislation interferes, the number of factory women and of
+factory children will increase, not decrease. What a prospect!"
+
+Separation of the sexes in the workrooms wherever possible, special
+rooms for meals and dressing, and provision for education in
+housewifery, are measures which are all the more urgent, if we grant the
+impossibility of altogether excluding women from factory work. This
+further protection is above all necessary for girls.
+
+
+4. _Prohibition of the employment of women during the period immediately
+succeeding child-birth._
+
+Whilst prohibition of factory work for wives and mothers is of the first
+importance for the protection of family life, exemption from work during
+the period immediately succeeding child-birth of all women engaged in
+factory and quasi-factory employments, is a measure that is necessary
+for the health of the mother and the nurture of the newly-born.
+
+The exclusion of pregnant women from certain occupations is another
+important question; the Confederate Factory Act leaves this in the power
+of the _Bundesrath_.
+
+Prohibition of the employment of nursing mothers in factories is a
+measure that has long received recognition in some countries, and lately
+it has become general.
+
+The resolutions of the Berlin Conference demand that the protection
+should cover a period of 4 weeks; Switzerland already grants protection
+for 8 weeks, a period which is recommended in Germany by the Auer
+Motion; the _von Berlepsch_ Bill proposes 4 weeks (instead of 3 weeks as
+hitherto appointed by the Imp. Ind. Code); the Reichstag Commission
+proposed 6 weeks, and this will probably be the period adopted.
+
+If it were necessary to enforce exemption from work after childbirth for
+_all_ women engaged in industrial wage-labour, even this would scarcely
+be found to be attended with insuperable difficulties.
+
+The Auer Motion on this point receives no notice in the _von Berlepsch_
+Bill.
+
+It would be preferable in itself for such exemption to become general
+even for factory women, without special protective intervention from the
+State. But under the existing moral and social conditions legal
+prohibition of employment can hardly be dispensed with.
+
+The measure may be carried out by the help of the official birth-list,
+or of a special factory list of nursing mothers. The industrial
+inspector will not be able to do without the help of the workers
+themselves.
+
+The economic difficulties of the question are partly met in Germany by
+the existing agency of Insurance against sickness for all factory
+workers, which grants assistance during the period of lying-in, as
+during sickness. The means of help provided by the family and the club
+have to supply the additional assistance necessary for the nursing
+period.
+
+The granting of state assistance to women during the lying-in period,
+without which exemption from work would be a questionable benefit, is
+vigorously opposed by some on grounds of morality as likely to promote
+the increase of illegitimate births, and by others from the point of
+view of the population question.
+
+The question was brought before the German Reichstag, on the
+representation of Saxony, in 1886. Petitions from twenty-one district
+sick clubs in the chief district of Zwickau demanded the withdrawal of
+the legal three weeks assistance of unmarried women after childbirth, on
+the ground that this was calculated to promote an increase in the number
+of illegitimate births. The petitions were accompanied by statistics of
+each club showing that the funds were actually called in to assist more
+unmarried than married women. No information however was given as to the
+proportion between married and unmarried women members of the club, an
+omission which rendered the statistics worthless. Moreover the
+conditions existing in Zwickau are hardly typical of German industry as
+a whole.
+
+A general collection and examination of statistics of sick funds must be
+made, and possibly the necessary information may be obtained by
+comparison of the numbers of births during the periods before and since
+the introduction of Insurance against sickness, and especially in such
+districts as had no free clubs, before the introduction of Insurance,
+for the assistance of women after child-birth.
+
+Probably it will be found that the increase in the number of
+illegitimate births is not due to the assistance granted after
+child-birth by the official sick fund, if we take into consideration
+that in the district mentioned the assistance granted during the three
+weeks only amounted to from 7 to 12 marks, generally to less than 10
+marks. "If," says _Hitze_, "the meagre sum of the assistance granted
+could lead to an increase of illegitimate births, this fact would be
+more shocking than the number itself." I take it that the root of the
+evil lies, not in the lying-in-fund, but in the destruction of family
+life and sexual morality by the employment of women in factories.
+
+
+5. _Prohibition of employment of women and children in work
+underground._
+
+This prohibition is claimed in the interests of family life, of
+morality, and of the care of the weaker portion of the working class.
+
+The enforcement of this prohibition comes within the province of the
+police in the mining districts, and of the industrial inspectorate.
+
+But it is probably best that it should be legally formulated.
+
+The extension of the prohibition to all women is recommended generally
+in the resolutions of the Berlin Conference, and the work has already
+been commenced in the _von Berlepsch_ Bill.
+
+The enforcement of the measure will meet with some difficulties in the
+mines of Upper Silesia, but it will also remedy serious evils.
+
+The force of public opinion is insufficient to prevent the employment of
+women in work underground. The very necessary demand for prohibition of
+employment of women in work on high buildings, follows on the
+prohibition of their employment underground. Such employment is almost
+completely excluded by custom.
+
+
+
+
+CHAPTER VII.
+
+EXCEPTIONS TO PROTECTIVE LEGISLATION.
+
+
+All prohibition of employment and limitations of employment are
+apparently opposed to the interests of the employers. As long as they
+are kept within just limits, however, this will not be true generally or
+in the long run.
+
+The just claims of Capital may be protected by admitting carefully
+regulated exceptions; but wherever and in so far as employment is
+opposed to the higher personal interests of the whole population,
+Capital must submit to the restrictions.
+
+As regards the exceptions, these are in part regular or ordinary, in
+part irregular or extraordinary. We find examples of both kinds alike in
+the legislation for restricting the time of working and in legislation
+for protecting intervals of rest.
+
+_Ordinary_ exceptions to prohibition of employment consist mainly of
+permission by legal enactment in certain specified kinds of industrial
+work, of a class of labour which is elsewhere prohibited, _e.g._ night
+work for women and young workers. The greater number of cases of
+prohibition of employment appear in the inverse form of exceptions to
+permission of employment.
+
+_Ordinary_ exceptions to restriction of employment are provided for
+partly by legislation, partly by administration, _i.e._ partly by the
+Government, partly by the district or local officials.
+
+Wherever in the interests of industry it is impossible to enforce the
+ordinary protection of times of labour and hours of rest, this is made
+good to the labourer by the introduction of several (two, three, or
+four) shifts taking night and day by turns, so that an uninterrupted
+continuance of work may be possible without any prolonged resting time
+either in the day or in the night; moreover, the loss of Sunday rest can
+be compensated by a holiday during the week.
+
+_Extraordinary_ exceptions occur chiefly in the following cases: (_a_)
+where work is necessary in consequence of an interruption to the regular
+course of business by some natural event or misfortune; (_b_) where work
+is necessary in order to guard against accidents and dangers; (_c_)
+where work is necessary in order to meet exceptional pressure of
+business.
+
+
+_Exceptions to protection of holidays._
+
+These exceptions are so regulated that in certain industries holiday
+work is indeed permitted but compensation is supplied by granting rest
+on working days. The exceptions provided for by the Berlin Conference
+have already been given. The _von Berlepsch_ Bill admits, if anything,
+too many exceptions. The Auer Motion permits holiday work in traffic
+business, in hotels and beer houses, in public places of refreshment and
+amusement, and in such industries as demand uninterrupted labour; an
+unbroken period of rest for 36 hours in the week is granted in
+compensation to such workers as are employed on Sunday.
+
+Switzerland wishes to give compensation in protection of holidays in
+railway, steamship and postal service, by granting free time alternately
+on week days and Sundays, so that each man shall have 52 free days
+yearly, of which 17 shall be Sundays.
+
+
+_Exceptions to prohibition of night work._
+
+The Imp. Ind. Code Amendment Bill (Sec. 139_a_, 2, 3) admits ordinary and
+extraordinary exceptions. The Auer Motion does not entirely exclude such
+exceptions, as it provides exceptions in traffic business and such
+industries as "from their nature require night work." We cannot here
+enter into details as to the rules on the limitations of exceptions, and
+as to the enforcement of those rules.
+
+
+_Exceptions to the maximum working-day._
+
+Overtime: _Extraordinary_ exceptions to an enforced maximum working-day
+consist in permission of overtime; _ordinary_ exceptions consist in the
+employment of children, women and men, in certain kinds of business, for
+a longer time than is usual (see Chapter V.).
+
+The _von Berlepsch_ Bill assumes a very cautious attitude in the matter
+of overtime. _Extraordinary_ exceptions in the case of pressure of
+business are provided for as follows: "In cases of unusual pressure of
+work the lower courts of administration may, on appeal of the employers,
+permit, during a period of 14 days, the employment of women above the
+age of 16 years until 10 o'clock in the evening on every week-day,
+except Saturday, provided that the daily time of work does not exceed 13
+hours. Permission to do this may not be granted to any employer for more
+than 40 days in the calendar year. The appeal shall be made in writing,
+and shall set forth the grounds on which the permission is demanded, the
+number of female workers to be employed, the amount of work to be done,
+and the space of time required. The decision on the appeal shall be
+given in writing. On refusal of permission the grievance may be brought
+before a superior court. In cases in which permission is granted, the
+lower court of administration shall draw up a specification in which the
+name of the employer and a copy of the statements contained in the
+written appeal shall be entered."
+
+The Auer Motion sets the narrowest limits to admission of overtime,
+permitting it only in case of interruption of work through natural
+(elemental) accidents, and then only permitting it for 2 hours at the
+most for 3 weeks, and only with consent of the "labour-board."
+
+
+Both in regulation and administration all these exceptions to protective
+legislation should be dealt with in a very guarded manner. Moreover they
+must be enforced on a uniform and widely diffused system, and they ought
+to afford a real protection to the fair and just employer against his
+more unscrupulous competitors.
+
+Both these considerations--the strict limitation and uniform
+administration required for these exceptions--render it imperative that
+the regulation by law should be, so far as practicable, very careful and
+minute. Moreover it is requisite that the principle on which the
+administration has to act in dealing with exceptions shall be laid down
+as definitely as possible, and further that protective enactments shall
+be interpreted in a uniform manner by the organs of local government
+(_Bundesrath_), and finally that there should be general uniformity of
+method, both in the instructions given and in the supervision exercised
+by the intermediate courts of Labour Protection to the local
+authorities.
+
+Much may be done in the way of effectual limitation of exceptions by
+dealing individually with the separate kinds of employment, in the
+matter of Sunday rest and alternating shifts. In the Duesseldorf district
+it has been proved by experience that by specialising the exceptions,
+Sunday rest may be granted to a large percentage of the workmen even in
+the excepted industries themselves (gas works, brick and tile kilns,
+etc.).
+
+The special instruments of administration for the regulation of
+exceptions to this kind of protection are the certificate of permission,
+the entry in the register of exceptions, and the public factory rules.
+
+The industrial inspector is entrusted with the supervision of the
+exceptions; but the assistance of the employer is very desirable, and is
+frequently offered, as it is to his interest that the application shall
+be just and uniform.
+
+The central union of embroiderers in East Switzerland and the
+Vorarlberg district, _e.g._ which was formed in 1855, and which now
+includes nearly all the houses of business, supervises the strict
+adhesion to the 11 hours rule, by sending special inspectors into the
+most remote mountain districts, and imposing fines for non-observance to
+the amount of from 200 to 300 francs (_Hitze_).
+
+
+
+
+CHAPTER VIII.
+
+PROTECTION IN OCCUPATION, PROTECTION OF TRUCK AND CONTRACT.
+
+
+(A) _Protection in occupation._
+
+Protection in occupation is directed towards the personal, bodily and
+moral preservation of wage-earners against special risks incurred during
+the performance of their work. Protection in occupation is already
+afforded to a certain degree by Labour Insurance, in the form of
+Insurance against accidents and sickness.
+
+The bodily and moral preservation of those engaged in business forms no
+new department of Labour Protection. It has long been more or less
+completely provided for by the Industrial Regulations and by special
+labour protective legislation in almost all civilised countries.
+
+Protection in occupation is afforded by the enactments dealing with
+dangerous occupations, with the regulations of business, with the
+management of business, with the workrooms and eating and dressing
+rooms, and with the provision of lavatories. In the Imp. Ind. Code
+Amendment Bill the task of protection in occupation is formulated thus:
+"Sec. 120_a_, Employers of industry shall be bound so to arrange and keep
+in order their workrooms, business plant, machinery and tools, and so to
+regulate their business, that the workers may be protected from danger
+to life and health, in so far as the nature of the business may permit.
+Special attention shall be paid to the provision of a sufficient supply
+of light, a sufficient cubic space of air and ventilation, the removal
+of all dust arising from the work and of all smoke and gases developed
+thereby; and care must be taken in case of accidents arising from these
+causes. Such arrangements shall be made as may be necessary for the
+protection of the workmen against dangerous contact with the machines or
+parts of the machinery, or against other dangers arising from the nature
+of the place of business, or of the business itself, and especially
+against all dangers of fire in the factory. Lastly, all such rules shall
+be issued for the regulation of business and the conduct of the workers,
+as may be necessary to render the business free from danger.
+
+"Sec. 120_b_. Employers of industry shall be bound to make and to maintain
+such arrangements and to issue such rules for the conduct of the workers
+as may be necessary to ensure the maintenance of good morals and
+decency. And, especially, separation of the sexes in their work shall be
+enforced, in so far as the nature of the business may permit. In
+establishments where the nature of the business renders it necessary for
+the workers to change their clothes and wash after their work, separate
+rooms for dressing and washing shall be provided for the two sexes. Such
+lavatories shall be provided as shall suffice for the number of
+workers, and shall fulfil all requirements of health, and they shall be
+so arranged that they may be used without offence to decency and
+convenience.
+
+"Sec. 120_c_. Employers of industry who engage workers under 18 years of
+age shall be bound, in the arrangement of their places of business and
+in the regulation of their business, to take such special precautions
+for the maintenance of health and good morals as may be demanded by the
+age of the workers.
+
+"Sec. 120_d_. The police magistrates are empowered to enforce by order the
+carrying out in separate establishments of such measures as may appear
+to be necessary for the maintenance of the principles laid down in Sec. 120
+to Sec. 120_c_, and such as may be compatible with the nature of the
+establishment. They may order that suitable rooms, heated in the cold
+season, shall be provided free of cost, in which the workers may take
+their meals outside the workrooms. A reasonable delay must be allowed
+for the execution of such orders, unless they be directed to the removal
+of a pressing danger threatening life or health. In establishments
+already existing before the passing of this Act only such orders shall
+be issued as may be necessary for the removals of grave evils dangerous
+to the life, health or morals of the workers, and only such as can be
+carried out without disproportionate expense: but this shall not apply
+to extensions or outbuildings hereafter added to the establishment.
+Appeal to a higher court of administration may be made within 3 weeks by
+the employer.
+
+"Sec. 120_e_. By order of the _Bundesrath_ directions may be issued showing
+what requirements may be necessary in certain kinds of establishments,
+for the maintenance of the principles laid down in Sec.Sec. 120_a_ to 120_e_.
+Where no such directions are issued by order of the _Bundesrath_, they
+may be issued by order of the Central Provincial Courts, or by police
+regulations of the courts empowered with such authority, under Sec. 81 of
+the Accident Insurance Act of July 6th, 1884."
+
+This formulary may be considered specially successful and almost
+conclusive.
+
+The insertion of the foregoing clauses in the general portion of chap.
+vii. of the Imp. Ind. Code Amendment Bill ensures such protection in
+occupation as is adequate to all necessities of life, to the whole body
+of industrial work included within the sphere of the Industrial Code.
+
+One item of Labour Protection in occupation might be supposed to consist
+in guarding against over-exertion, by means of the abolition of
+piece-work and "efficiency wage." But this claim, in so far as we find
+it prevailing in the Labour world, is made more on grounds of wage
+policy than as a necessary measure of protection. The economic
+advantages to the workers themselves of these methods of payment are so
+great that the abolition of "efficiency wage" is not, I think, required
+either on grounds of wage policy or of protective policy. We must,
+however, pass over the consideration of this question, whilst admitting
+that there is still a great deal to be done in this direction by means
+of free self-help and mutual help.
+
+
+(B) _Protection of intercourse in service, Truck Protection in
+particular._
+
+To protection in occupation must be added--as a last measure of the
+protection of labour against material dangers--protection of the
+wage-worker in his personal and social intercourse outside the limits of
+his business with the employer and his family, and with the managers and
+foremen. In default of a better term, we have called this protection of
+intercourse in service.
+
+Outside the actual performance of his work, the wage-worker is
+threatened by special dangers which can only be averted by extraordinary
+intervention of the State. These dangers affect the person and domestic
+life of the wage-worker.
+
+Apprentices especially, and all wage-earners living in the same house as
+the employer, are liable from their position as the weaker party, to
+intimidation, ill-treatment, and neglect. Provision is made against such
+dangers by the ruling of the Industrial Regulations on the relations of
+journeymen and apprentices to business managers and employers.
+
+Special protection has long been afforded in the social relations
+between the servant on the one side, and the employer and his family on
+the other. This takes the form of protection against usury, against
+exploitation of dependents, especially if they are ignorant and
+inexperienced. This protection in social relations may also be
+called--involving as it does, in by far the largest proportion of cases,
+protection against undue advantage derived from payment in kind--"Truck
+Protection."
+
+The usury in question may take the form of a profit in the way of
+service, or exploitation of the workman, by forcing him to perform work
+outside the agreement as well as the work of the business, or instead of
+it; or again, it may be profit on payment, derived from payment of wages
+in coin or kind; or it may be profit on credit, loan, hire and sale,
+derived by compelling the workman to enter into disadvantageous
+transactions in borrowing, contracting, and hiring, and by requiring him
+to purchase the necessaries of life at certain places of sale where
+exorbitant prices are demanded for inferior goods.
+
+To prevent the employer from gaining such unfair advantage over the
+"members of his family, his assistants, agents, managers, overseers, and
+foremen," the German Industrial Code has long since interfered by
+ordering payment in coin of the realm, by prohibiting credit for goods,
+and by limiting to cost price the charges for necessaries of life, and
+of work supplied (including tools and materials). Any agreements for the
+appropriation of a part of the earnings of the wage-worker for any other
+purpose than the improvement of the condition of the worker or his
+family shall be declared null and void. The Auer Motion demands also
+that "compulsory contributions to so-called 'benefit clubs' (savings
+banks attached to the business) shall be prohibited."
+
+This form of protection, which I have called protection of intercourse,
+is extended to all kinds of industrial work, as is also the case with
+protection in occupation, though not with protection by limitations of
+employment. In Germany this extension is effected by incorporating in
+the general portion of chap. vii. of the Imp. Ind. Code Amendment Bill
+the rules for protection in occupation and protection against usury,
+and also by including non-manufacturing (Sec. 134) as well as manufacturing
+work in the rules of the Industrial Regulations against personal
+ill-treatment and neglect.
+
+Hitherto no special courts have been appointed for the administration of
+protection of intercourse, which has been left generally to the ordinary
+administration and especially to the judicial courts. In other cases it
+is left to the industrial courts of arbitration of the first and second
+instance rather than to the industrial inspectors. But extraordinary
+protection is afforded by special rulings of common law on illegal
+agreements, on nullity of agreement, on escheat of contributions to
+savings banks made in defiance of prohibition, on failures to complete
+contracts of apprenticeship and service, etc., etc.
+
+The Imp. Ind. Code provides protection of intercourse in the business of
+household industry also, in the ruling of the second clause of Sec. 119.
+The usefulness of this ruling depends indeed on the improvement of the
+organisation of Labour Protection which is still imperfect and
+insufficient in its application to household industry. The compulsory
+and voluntary assistance of the employers and their commercial agents,
+with or without control by the industrial inspector, is the aim towards
+which attention must be directed for the further development of
+protection of intercourse in household industry. The above-mentioned
+central union of workers in the embroidery industry in East Switzerland,
+which is for the most part household industry, shows what may be done
+by voluntary unions in the way of protection within the sphere of
+household industry. One inspector says: "The computation of the amount
+of embroidery done, _i.e._ the basis for the calculation of wages, is
+determined; the relations between the "middleman," the employer and the
+workers are regulated; and a place of sale is provided for all work
+rejected by the employer on account of alleged imperfections. The
+classification of patterns--_i.e._ the fair graduation of wages
+according to the ease and rapidity, the greater or less trouble and
+expense with which the pattern is executed--has for a long time been one
+of the main objects of the union."
+
+
+(C) _Protection of the status of the workman (protection of agreement,
+protection of contract)._
+
+The term protection of contract must here be understood in a wider sense
+than in that of a mere guarantee of freedom of contract, and judicial
+protection of labour contracts; hence I have called it protection of the
+status of the workman.
+
+This protection of the status of labour includes a multifarious
+collection of existing measures of protection, and impending claims for
+protection which we may regard as falling under three heads: protection
+of engagement and dismissal, protection against abuse of contract, and
+protection in fulfilment of contract.
+
+
+1. _Protection of engagement and dismissal._
+
+By protection of engagement we mean protection of the worker against
+hindrances placed in the way of admittance into service; it is
+protection in the making and carrying out of agreements, partly
+protecting the workman against unjust loss of character, and partly
+giving him the right to claim a character. Protection against loss of
+character might further be divided into protection against defamation by
+individuals--foremen or employers--and protection against defamation by
+combinations of employers.
+
+The Labour world claims protection against loss of character in the
+demand for the abolition of the labour log, and in Germany where the
+general log is not used, in the demand for the abolition of the young
+workers' log which, however, is still recommended by many from
+considerations that have no connection with depreciation of work.
+
+Wherever the labour log is still used, protection, against loss of
+character has long been afforded by prohibition of entries and marks
+which would be prejudicial to success in obtaining fresh employment.
+
+Protection is demanded, but as yet nowhere granted, against defamation
+by combination of employers, of workmen who have made themselves
+disliked, against black lists, circulars, etc. The penalties of such
+defamation by combination in the Auer Motion are directed against
+employers and employers only, although in point of fact there are not
+infrequent cases of combinations among workmen for the defamation of
+employers. The Motion runs thus: "(Sec. 153) Whoever shall unite with
+others against any worker because he has entered into agreements or has
+joined unions, and shall endeavour to prevent him from obtaining work,
+or shall refuse to employ him, or shall dismiss him from work, shall be
+punished by imprisonment for three months."
+
+Another fragment of protection of engagement has long existed in the
+penalties attached to certain infringements of the right of combination,
+with reciprocity of course for the employers (cf. Sec. 153 Imp. Ind. Code.)
+
+The guarantee of testimonials has long been afforded--and has met with
+no opposition--as a means of protection against defamation by individual
+employers.
+
+Side by side with protection of engagement we have protection in
+quitting service.
+
+Special protection in quitting service--beyond the ordinary
+administrative and judicial protection of labour contract against unjust
+dismissal--consists partly of: protection in dismissal from service,
+_i.e._ against expulsion by the employer, and partly, of protection in
+voluntarily quitting service, _i.e._ quitting service for special
+reasons. Both these measures are applied to the whole of industrial wage
+labour, and have hitherto generally been enforced by the regular courts
+of justice and administration, by application, however, of special
+rulings of industrial legislation on written agreements, on the right of
+special dismissal from service, and the right of quitting service, and
+on the length of notice required, etc. The further development of
+protection in quitting service will probably more and more require the
+extraordinary jurisdiction of the industrial courts of arbitration.
+Protection against compulsory dismissal into which one employer may be
+forced by another employer by intimidation, libel, and defamation, is
+afforded by special penal Acts, and, like protection against breach of
+contract, is more particularly protection of the employer and is only
+indirectly protection of the worker.
+
+
+2. _Protection of contract, in the strict sense; protection by
+limitation of the right of contract, by completion of contract, and by
+enforcing fulfilment of contract._
+
+Beyond the ordinary judicial protection afforded by the obligations
+attached to service contract, special guarantees of protection are in
+part already granted, in part demanded, against abuse of contract,
+incomplete fulfilment and non-fulfilment of service contract to the
+disadvantage, as a rule, but of course not in all cases, of wage-labour.
+
+This protection is afforded partly by formal regulations, partly by
+judicial rulings on special cases. The latter form of protection in
+contract is closely allied to protection in intercourse (see above); the
+two overlap each other.
+
+The protection afforded by contract regulations consists in the
+enforcement of certain formal requirements, and the granting of certain
+remissions, such as _e.g._ the requirement of written agreements and the
+remission of duty on written agreements, etc. First and foremost stands
+the obligation to post up the working rules. _A parte potiori_[13] all
+protection of contract might be called protection of working rules.
+
+The working rules serve in reality to give the workman himself the
+control over his own rights, but they also are to the interest of the
+employer.
+
+The _von Berlepsch_ Bill further extends this sort of method to factory
+and quasi-factory labour (Sec. 134_a_-134_g_), permitting the workmen in
+any business to exert a considerable influence upon the drawing up of
+the working rules. Sections 134_b_ and 134_c_ read thus: "Sec. 134_b_.
+Working rules shall contain directions: (1) as to the time of beginning
+and ending the daily work, and as to the intervals provided for adult
+workers; (2) as to the time and manner of settling accounts and paying
+wages; (3) as to the grounds on which dismissal from service or quitting
+service may be allowable without notice, wherever such are not
+determined by law; (4) as to the kind of severity of punishments, where
+such are permitted; as to the way in which punishments shall be imposed,
+and, if they take the form of fines, as to the manner of collecting them
+and the purpose to which they shall be devoted. No punishments offensive
+to self-respect and decency shall be admitted in the working rules.
+Fines shall not exceed twice the amount of the customary day's wage (Sec.
+8. Insurance against Sickness Act, June 15th, 1883), and they shall be
+devoted to the benefit of the workers in the factory. The right of the
+employer to demand compensation for damage is not affected by this rule.
+It is left in the hands of the owner of the factory to add to rules I to
+4 further rules for the regulation of the business and the conduct of
+the workmen in the business. The conduct of young workers outside the
+business shall also be regulated. The working rules may direct that
+wages earned by minors shall be paid to the parents and guardians, and
+only by their written consent to the minors directly; also that a minor
+shall not give notice to quit without the expressed consent of his
+father or guardian."
+
+Sec. 134_d_ reads as follows: "Before the issue of the working rules or of
+an addition to the rules, opportunity shall be given to the workers in
+the factory to express their opinion on the contents. In those factories
+in which there is a standing committee of the workmen it will be
+sufficient to receive the opinions of the committee on the contents of
+the working rules."
+
+It is further recommended that the factory rules shall include the
+publication of legal enactments regarding _protection by limitations of
+employment, protection in occupation_ and in _intercourse_, the
+necessary conditions and limitations of these, the possibilities of
+appeal, and methods of payment of overtime wage, also of instructions
+for precaution against accidents, and lastly of the name and address of
+the club doctor and dispenser, of the company and their representatives,
+the name of the factory inspector and his office address and office
+hours.
+
+But we have seen that contract protection is not only afforded by these
+formal regulations but also by judicial rulings on special cases. These
+latter have a threefold task: to prevent the drawing up of unfair
+contracts, to supply deficiencies in the contract, by adding subsidiary
+rulings suited to the nature of the industrial service relations, and
+lastly, to secure the fulfilment of service contract; _i.e._ they have
+to provide protection by limitation and completion of contract and to
+secure fulfilment of contract.
+
+This kind of protection of contract is of special importance in dealing
+with contract fines, proportional output ("efficiency work"), the supply
+of tools and materials of work, and lastly with payment of wage.
+
+Labour Protection seeks to guard against abuse of contract fines, by
+fixing the highest permissible amount of fines, and by handing over the
+proceeds of the fines to the workmen's provident fund. This is a matter
+of the highest moment, and must find a place in the drawing up and in
+the enforcement of the working rules (see above). Hitherto it has only
+been extended to factory labour.
+
+A second task of protection of contract lies in the protection of
+"efficiency work," _i.e._ protection of the wage-worker against an undue
+deduction from his "efficiency wage" on account of the alleged inferior
+quality of the output, and against neglect to reckon in the full amount
+of the output in the calculation of wage. This measure of protection has
+been placed on the orders of the day of the present labour protective
+movement, by the adoption _e.g._ of the system of checking the weight of
+the output in mining.
+
+In the third place we come to protection of the workman against loss
+sustained in buying his tools and materials of work from the employer.
+This measure of protection in purchase of materials is applied to the
+whole of industrial labour by means of its insertion in the general
+rules for truck protection contained in the Imp. Ind. Code.
+
+A fourth point, very closely allied to protection of intercourse, but
+which has to be dealt with protectively by those judicial rulings on
+protection of contract, concerns the permanence of rate of wage, the
+day, place, and period of payment, and by whom, and to whom, payments
+are to be made. Protection of payment may be more completely secured by
+the inclusion in the working rules of directions on these points. It
+must be applied to the whole of industrial wage-labour according to
+circumstances. The prohibition of payment of wages in public-houses and
+on Saturdays, the fixing of the wage by the employer himself, not by a
+subordinate official; the obligation to make the agreement as to
+"efficiency wage" at the time of undertaking the work, in order that the
+bargain may not be broken off should it prove specially favourable for
+the workers; also payment of wage at least weekly or fortnightly; and
+lastly, the payment of minors' wages into the hands of parents or
+guardians, which constitutes a measure of educational protection of the
+minors against themselves--such are the principal requirements of
+protection of payment of wages, requirements which are already more or
+less fulfilled.
+
+FOOTNOTE:
+
+[13] That is, _after the largest portion of it_.
+
+
+
+
+CHAPTER IX.
+
+THE RELATIONS OF THE VARIOUS BRANCHES OF LABOUR PROTECTION TO EACH
+OTHER.
+
+
+If the various chief branches of Labour Protection are compared with
+each other after they have all been examined separately, they appear to
+be indispensable and inseparable members of one system, for no one
+branch can be spared. But they are very different in nature, and by no
+means equal in importance.
+
+Protection of truck and contract have long ago reached their full
+development. Both are almost universal in their extension, and are
+exercised by the regular administrative courts and petty courts of
+justice. They are characterised on the whole by legal precision, which
+affords little room for interpretation and extension at the will of the
+administration. Protection of contract and protection of intercourse are
+required less in the immediate interest of the whole State than in that
+of individuals.
+
+But when we come to protection in occupation, it is altogether another
+matter.
+
+_Protection by limitations of employment_, which forms the central point
+of the latest protective movement, is in all its aims more or less in
+contrast to protection of contract and intercourse. It is not a matter
+of universal application. It requires special administrative organs,
+special methods of procedure with many technical differences of detail
+adapted to the peculiarities of different trades. Its full development
+requires general legal enactments, a central authority, and a uniform
+exercise of administration; it has to deal with the entire working
+class, nay more, with the whole body of citizens, and with the spiritual
+as well as the material life of the workers and of the nation, because
+it constantly affects and influences the lives of larger masses of
+labourers.
+
+It must not be supposed that any one branch of protection by limitation
+of employment is more important in itself than all the rest. It is not
+protection of holidays alone, nor the maximum working-day alone that
+will restore the workman to himself, to his place in the human family,
+to civic life, to his family, to the performances of his spiritual
+duties; but all measures of protection by prohibiting and limiting
+employment must work together to effect this. Protection by limitation
+of employment, as a whole, seeks to ensure those moral benefits so
+finely emphasised in the preamble of the Confederate Factory Act: "The
+benefits which may accrue to the country from the factory system depend
+almost entirely upon its being ensured that the worker shall not be
+deprived of time or inclination to be the educator of his children, and
+the head and prop of his family." The maximum working-day effects this
+by securing the evening free to all--to fathers, mothers, children, and
+young people. Protection of holidays works towards the same end by
+securing to everyone the seventh day free for his own life, the life of
+his family, and intercourse with his fellow citizens, and for the
+performance of his spiritual duties. Prohibition of night work also
+contributes its quota towards the same result. Without all this
+protection by limitation of employment, the father of the family would
+lose his family, the child would lose its training and care, the mother
+and wife would lose her children and husband; and all of them would lose
+their joint life as citizens, as members of society, and of a religious
+community.
+
+It is from these considerations that we must justify the immense
+importance which it is the growing tendency of Labour Protection in the
+present day to attach to the whole question of protection by limitation
+of employment.
+
+
+
+
+CHAPTER X.
+
+TRANSACTIONS OF THE BERLIN LABOUR CONFERENCE, DEALING WITH MATTERS
+BEYOND THE RANGE OF LABOUR PROTECTION; DALE'S DEPOSITIONS ON COURTS OF
+ARBITRATION, AND THE SLIDING SCALE OF WAGES IN MINING.
+
+
+The demand for a legal minimum wage, for wage tariffs, and the sliding
+scale of wages, form no part of Labour Protection. The State cannot, as
+we have seen, regulate wages directly, but only indirectly, by favouring
+an adjustment of wages that shall be fair to each side. But even in
+measures of that kind it does not interfere for the purpose of
+protecting the persons of the wage earners in their _relations of
+dependence_ on the employer. Politico-social proposals for indirectly
+influencing the movement of wages, do not for this very reason, belong
+to Labour Protection, in the sense which I have assigned to the term in
+this book. Therefore, I shall content myself, on the one hand, with
+clearing up a misunderstanding concerning the minimum wage and the wage
+tariff; and on the other hand, with supplementing my former contribution
+to the subject (_Jahrg., 1889, Die Zeitschrift fuer die gesammte
+Staatswissenschaft_) from the reports of the Berlin Conference, having
+special reference to the regulation of wage in the English mining
+industries.
+
+These proposals, dealing with minimum wage and the wage tariff, which I
+shall now introduce into my treatise on Labour Protection, do not aim at
+enforcing a minimum rate of wage from above, regardless of the
+individual value of the labour, they merely aim at providing as far as
+possible a stable adjustment and classification of efforts and rewards
+between the whole body of employers and the whole body of workers in any
+branch of industry or industrial district, _i.e._ at substituting
+_general_ for _individual_ control, for the protection not of the worker
+alone, but also of the employer, _i.e._ against exploiting competitors.
+In Germany the printers have led the way; the number of their followers
+in other industries is increasing. But this is a matter that must be
+settled by the two classes, not by the State.
+
+Questions of wage policy, however, even when unconnected with protective
+policy, are often drawn into discussions on protective policy; and even
+the Berlin Conference, which was officially designated[14] "an
+international conference on the regulation of labour in industrial
+establishments, and in mining industries," frequently overstepped the
+limits of questions of purely protective policy. I feel myself fully
+justified, therefore, in touching upon a few of the further questions
+dealt with by the Conference.
+
+In an earlier treatise, written before the proclamation of the Imperial
+Decree of February 4th, 1890, I pointed out the need for the special
+cultivation of Labour Protection in mining industry, particularly in
+coal mining, and I expressed an opinion as to the advisability of
+establishing government mines as a kind of politico-social model to the
+rest; while, on the other hand, I declared against the necessity for the
+nationalisation of coal mines.
+
+Pamphlets of an opposing tendency, which circulated freely in the wake
+of the great coal strike of 1889, have, it is true, brought to light
+more and more reliable evidence; but hitherto I have found in them
+nothing to shake my confidence in the correctness of my fundamental
+contention: as far as I am concerned, I await without anxiety the issue
+of the latest Coal Trust.
+
+As I pointed out in the same treatise, the special danger of the strike
+agitation, attacking as it does the very centres of activity and
+channels of healthy movement in the social body, has unfortunately been
+only too fully exemplified. The coal strike, and the railway and dock
+strikes, have become samples, and are triumphantly quoted as typical
+instances of the success of the method.
+
+In the same treatise I raised the question whether the branches of
+industry under consideration should be constituted a department of the
+public service, involving special obligations and special safeguards
+against breach of contract, but also ensuring special security of work
+and a good standard of pay. This question has also risen to a high level
+of importance since that time; it does not, however, belong to the
+sphere of Labour Protection, and in this treatise I must therefore leave
+it on one side.
+
+But I consider myself bound to supplement the information given as to
+the means of avoiding strikes in the mining industry by bringing forward
+the communications made by the best informed English expert, who sat in
+the Berlin Conference (session of March 4). The reports read as follows:
+"Mr. Dale reminded the Conference that about twenty-five years ago
+numerous and protracted strikes took place in the north of England (in
+mining). In consequence of this, the employers met together to discuss
+means of regulating the wage question. At first they refused to treat
+with the workmen _in corpore_, but they finally decided on the advice of
+a few of their number more far-seeing than the rest, to recognise the
+union of miners belonging to one and the same mining district. This
+principle once admitted formed the groundwork of the prevailing system
+of the day for the settlement of all disputes. This method has obtained
+for twenty years. At first the representatives of the employers and
+workmen were only summoned to negotiate on special questions. The
+principle of settlement by arbitration was admitted in all questions,
+and was applied in the following manner: each party nominates an equal
+number of arbitrators, usually two, and these elect an umpire; this last
+office is willingly accepted by persons of the highest standing. Since
+the questions laid before the board of arbitration mostly concern the
+relation of wages to the market price of coal, this relation has to be
+first ascertained from examination of the employers' books by a legally
+qualified auditor, before a decision can be given. The most important
+experimental method, which has so far been adopted for regulating the
+relations between the rate of wage and the market price, has been the
+sliding scale. The sliding scale aims at the establishment of a
+numerical ratio between the rate of wage and the price of coal. At first
+this was sometimes determined by the following method: five consecutive
+years are taken, in the course of which considerable fluctuations have
+taken place in the market prices and the price of coal (the latter
+brought about by strikes, agreements, and arbitration). These five years
+are divided into twenty quarters; the average price of coal and the
+average rate of wage for each quarter is ascertained, and by this means
+the numerical ratio of the two amounts to each other is determined. The
+average of these numerical ratios is taken to express the normal
+relation which must exist between the rate of wage and and the market
+price of coal. Upon the scale thus determined the average market price
+for all coal produced in the district for the last preceding quarter is
+reckoned. The required numerical normal proportion between prices and
+wages is now computed on this basis, and the rate of wage for the
+current quarter thus determined. This calculation takes place for every
+ensuing quarter. These calculations are made by two qualified auditors,
+who are appointed by the labourers' union and the employers' union. The
+books of all the works are submitted to these experts, who are bound to
+the strictest secrecy as to the information thus obtained. They confine
+themselves to the task of attesting: (1) that during the latest
+preceding quarter, the average price of coal in the district is such and
+such; (2) that such and such a rate of wage results therefrom. In this
+way the workmen obtain, without the necessity of negotiation, of
+strikes, or arbitration, the same wages which they could not otherwise
+have obtained except by repeated efforts. The numerical ratio between
+wages and market prices is generally fixed for two years. After that
+time each party may give a half year's notice; but during six years, the
+first sliding scale introduced has only been subjected to very slight
+alterations. Notice will shortly be given by the employers in
+Northumberland and the miners in Durham. Mr. Dale believes that this
+double notice does not aim at the abolition of the system, but only at
+revision of the existing scale. In the districts where for the moment
+the sliding scale has been abolished, an attempt is being made to take
+the nearest conjectural price of the current quarter as the basis,
+instead of the price of the previous quarter. In this way the workmen
+would receive official information as to the market prices, which would
+be a great advantage, for strikes are most frequently caused by the
+ignorance of the workmen as to the real position of the coal trade. As
+to local questions which do not affect the whole district, they are
+settled by so-called 'joint committees,' or mixed commissions formed by
+an equal number of workmen and employers; either the President of the
+county court, or some other person of high position, is chosen as
+chairman. These commissions meet generally once a fortnight; their
+decisions operate from the date of the complaint. Mr. Dale asserts that
+the heads of the labour unions are, for the most part, intelligent men,
+and when this is the case, the relations between workmen and employers
+are easily arranged; in Durham, _e.g._, the miners union has four
+secretaries, who devote their whole time to the affairs of the
+association. In this district more than 500 disputes yearly are settled
+by the joint committee."
+
+At the request of the President, Mr. Dale gave some information as to
+the strike of the past year; it did not affect the northern district
+where good relations existed, although notice had previously been given
+on the sliding scale. He further pointed out that former strikes had
+often been caused by the fault of the foremen, who treated the workmen
+with undue harshness. "The introduction of joint committees, on which
+the workmen are equally represented, has had the effect of establishing
+better relations between the foremen and the miners. Mr. Dale considers
+this the best system for the avoidance of crises. The decisions
+pronounced by the board of arbitration, and by the joint committees, are
+generally accepted; thus the principle of decision by arbitration takes
+the place of that of decision by strikes."
+
+FOOTNOTE:
+
+[14] Concluding speech of the Prussian Minister of Commerce.
+
+
+
+
+CHAPTER XI.
+
+THE "LABOUR BOARDS" AND "LABOUR CHAMBERS" OF SOCIAL DEMOCRACY.
+
+
+Of all the problems with which the science of government is confronted
+in the present and the near future, there are few in the domain of
+Social Policy of greater importance, or more fraught with serious
+possibilities in their results, than the establishment on a democratic
+basis, both in constitution and in administration, of the organs of
+Labour Protection.
+
+This tendency appears already in the demand for equal representation of
+both classes in the organisation of Labour Protection. The establishment
+by local governing authorities of industrial courts of arbitration has
+been a step in this direction, a step which has not entirely been
+retraced by recent legislation in Germany, dealing with such courts.
+
+The form which Social Democracy has given to this idea by the proposal
+of "Labour Boards" and "Labour Chambers," brought forward in the Auer
+Motion, is a matter of the highest interest. So far as I know, this form
+has received very little, or at any rate insufficient, attention in the
+Reichstag or the Press. This is the more surprising for two reasons,
+viz., the justice of its attempt at a better protective organisation,
+and the serious import of its evident tendency to evolve out of the
+Capitalist System a Social Democratic order of society.
+
+I think, therefore, that just because of this extreme step in
+organisation which the Auer Motion takes in proposing Labour Boards and
+Labour Chambers, as instruments of Labour Protection, it behoves me not
+to pass it by with indifference, but on the contrary to dwell upon it at
+some length.
+
+In the first place let us construct in our own minds a picture of the
+new form of organisation proposed in the Auer Motion.
+
+In the place of Art. IX. in the existing Imp. Ind. Code, a new Chap. IX.
+would have to be inserted, dealing with "an Imperial Labour Board,
+District Labour Boards, Labour Chambers, and Labour Courts of
+Administration" (Sec.Sec. 131-143).
+
+
+1. _The Imperial Labour Board and the Imperial Labour Parliament._
+
+_The Imperial Labour Board._ Its organisation would be determined by
+special Imperial legislation. Probably equal representation of classes
+is intended in this Central Bureau, which would act together with the
+hitherto essentially bureaucratic Imperial Insurance Board. Its duties
+would consist: first, in supervising so far as possible, the whole
+system of Labour Protection as demanded in the Auer Bill (Sec.Sec. 105-125);
+further, in affording protection against the competition of penal
+labour; finally, "in enforcing such measures and conducting such
+enquiries as may be necessary to the well-being of the whole body of
+wage-earners, including apprentices, in any kind of industry." Its
+duties would therefore extend far beyond the limits of Labour Protection
+in the strict sense, and it would be a general Central Bureau of aids to
+Labour, in which the Imperial Insurance Board would soon become
+incorporated.
+
+_The Labour Parliament_ (Diet of Labour Chambers). I take leave thus to
+designate the representative central organ proposed (although of course
+it is not brought forward in these terms in the heading of the new Chap.
+IX. of the Auer Bill) since it is clear that the Imperial Labour Board
+is practically only intended to be the executive organ of this
+democratic industrial Council of the nation. Sections 140-142 of the
+Auer Motion require that: Sec. 140 "It shall be the duty of the Imperial
+Labour Board to summon once a year representatives from the collective
+Labour Chambers to a general deliberation on industrial interests. To
+this General Council each Labour Chamber shall send one delegate to
+represent the employers, and one the body of wage-earners. The choice of
+the representatives shall be made by each class separately. The chair
+shall be taken at the Council by a member of the Imperial Labour Board,
+but he and his colleagues shall have no right to vote. The Council shall
+determine its own standing orders and the orders of the day; the
+sittings to be public. Sec. 141. The members of the Labour Chambers shall
+receive daily pay and defrayment of travelling expenses. Sec. 142. The
+Imperial Government shall pay the costs of the arrangements enumerated
+in Sec.Sec. 131-140; they shall be entered yearly in the imperial accounts."
+
+Thus we should have a national Labour Parliament--formed from the
+district Labour Chambers--with equal representation of both classes,
+receiving grants from the Imperial exchequer, undertaking the general
+supervision of industrial interests and acting as a check on the
+Imperial Labour Board. By the simple process of throwing overboard the
+nominees of the employers, this Labour Parliament might at any time
+become a pure parliament of labourers, or "People's Parliament," and the
+Imperial Labour Board might resolve itself into the central ministry of
+a purely "People's State."
+
+Such a state of things would obviously be the realisation of the extreme
+Social Democratic order of State.
+
+It must be admitted that no secret is made of this fact, nor yet of the
+_basis_ on which the whole edifice is raised.
+
+
+(2) _Labour Boards and Labour Courts of Arbitration, Labour Chambers._
+
+The basis of the edifice is formed by Labour Boards and Courts of
+Arbitration, on the one hand (_i.e._ for executive purposes), and Labour
+Chambers on the other (_i.e._, for purposes of regulation). We shall, as
+far as possible, give the explanation of the matter in the words of the
+motion.
+
+_Labour Boards._ On this head the Auer Motion reads as follows: "Sec.
+132_a_. Below the Imperial Labour Board come the Labour Boards which
+shall be appointed throughout the German Empire, in districts of not
+less than 200,000, nor more than 400,000 inhabitants, at the latest by
+Oct. 1, 1891. Sec. 133. The Labour Board shall consist of a Labour
+Councillor and at least two paid officers; it must pass its rulings and
+decisions in full sitting. The Imperial Labour Board shall select the
+labour councillor from two candidates nominated by the Labour Chamber.
+The permanent paid officers, whose duty it is to assist the labour
+councillor in his task of supervision, shall be elected by the Labour
+Chamber, half from the employers, and half from the employed. In
+districts in which there are a considerable number of works employing
+chiefly female labour, some of the officials appointed shall be women.
+The same rules with regard to invalid and superannuation pensions shall
+apply to the officers of the Labour Boards, as apply to all other
+imperial officials. Sec. 133_a_. The officers of the Imperial Labour Board,
+and the labour councillors or their paid assistants, shall have the
+right at any time to inspect all places of business (whether of State,
+municipal, or private enterprise) and to make such regulations as may
+appear necessary for the life and health of the workers employed. In the
+exercise of such supervision they shall be empowered with all the
+official authority of the local police magistrates. In so far as the
+rules laid down are within the official authority of the supervising
+officers, the employers and their staff shall be bound to render
+unhesitating obedience. The employer or his representatives shall have a
+right of appeal to the District Labour Board, to be lodged within a
+week, against the orders and rulings of individual officials, and a
+right of appeal against the District Labour Board's decision, also
+within a week, to the Imperial Labour Board. The Labour Board shall be
+bound to inspect all the works within a district at least once a year.
+The employers shall permit the official inspection to take place at any
+time when the work is being carried on, especially also at night. The
+inspecting officers shall be bound, except in cases of infringement of
+the law, to observe secrecy as to all information on the concerns of a
+business obtained by them in pursuit of their official duties. Sec. 133_b_.
+The local police magistrates shall uphold the Labour Board in the
+exercise of its authority, and shall enforce obedience to its
+directions. Sec. 133_c_. The Labour Board shall organize all free labour
+intelligence within its district, and serve in fact as a central bureau
+for this purpose. It shall also be empowered to appoint branch bureaux
+with this object, in such places as may seem suitable, and if there is
+no industrial union to undertake the duties the local police magistrates
+shall undertake them. Sec. 133_d_. Every Labour Board shall publish a
+yearly report of its proceedings, copies of which shall be distributed
+gratuitously to the members of the Labour Chambers by the Imperial
+Labour Board and the Central District Courts. The report shall be
+submitted to the approval of the Labour Chamber before publication. The
+Imperial Labour Board shall draw up yearly, from the annual reports of
+the Labour Boards, a general report to be submitted to the _Bundesrath_
+and the Reichstag. The reports of the District Labour Boards and the
+Imperial Labour Board shall be accessible to the public at cost price."
+
+The Labour Board of a district of from 200,000 to 400,000 inhabitants
+would be in the first place a modern kind of industrial inspectorate
+with offices filled from both classes--employers and employed--with a
+democratic system of election, and to which women would also be
+eligible. Even the presidency of this inspectorate would not be freely
+appointed by the government, which would have only the power of electing
+one out of two nominees of the Labour Chambers. The primary task of the
+board would take the form of Labour Protection, of centralization of
+labour intelligence, and of drawing up reports on matters concerning
+labour. The Labour Board is intended as the executive organ of the
+Labour Chambers, the parliamentary administration would therefore be
+general; even in reporting on industry the Labour Board would be subject
+to the approval of the Labour Chamber. It is evident that this
+Democratic organisation of courts, which would be powerless to act so
+long as both classes obstructed each other, might easily at one stroke,
+by turning out the nominees of the employers, be changed and developed
+into purely democratic district courts for the general protection of
+labour and the control of production.
+
+_Courts of Arbitration._ The Court of Arbitration as proposed by the
+Auer Motion, is, so to speak, the judicial twin brother of the Labour
+Board. According to Sec. 137-137_e_, the Court of Arbitration would be a
+court of the first instance, for the settlement of disputes between
+employers and workmen. It would be formed by each Labour Chamber out of
+its numbers, and would consist of equal numbers of employers and of
+workmen. The chair would be taken by the labour councillor or one of his
+paid assistants. Equal representation of both classes would be required
+when pronouncing decisions. None but relations, employes, and partners
+in the business, would be permitted to be present during the
+deliberations in support of the disagreeing parties. There would be
+right of appeal to the Labour Chamber. The members of this Court of
+Arbitration would (like those of the Labour Chamber) (Sec. 130_a_) receive
+daily pay and defrayment of travelling expenses. Such would evidently be
+the working out of this system of combined class representation, of
+which, indeed, we already have an instance in the industrial courts of
+arbitration.
+
+_Labour Chambers._ These would form the foundation stone of the edifice,
+and they deserve the special attention of all who wish to know how
+Social Democracy means to attain her ends. I give verbatim the clauses
+dealing with this: "Sec. 134. For the representation of the interests of
+employers and their workmen, as well as for the support of the Labour
+Boards in the exercise of their authority, there shall be appointed from
+Oct. 1, 1891, in every Labour Board district, a Labour Chamber, to
+consist of not less than 24, and not more than 36 members, according to
+the number of different firms established in the district. The number of
+members for the separate districts shall be determined by the Imperial
+Labour Board. The members of the Labour Chambers shall be elected, the
+one half by employers of full age from amongst their numbers, the other
+half by workers of full age from amongst their numbers. The election
+shall be made on the principle of direct, individual, ballot voting by
+both sexes, a simple majority only to decide. Each class shall elect its
+own representatives. The mandate of the members of the Labour Chamber
+shall last for two years, opening and closing in each case with the
+calendar year. Simultaneously with the election of the members of the
+Labour Chamber proxies to the number of one-half shall be appointed. The
+proxies shall be those candidates who receive the greatest number of
+votes next after the elected members. In the case of equal votes lots
+shall be drawn. The selection of the polling day, which must be either a
+Sunday or festival, shall rest with the Imperial Labour Board, which
+shall also lay down the rules of procedure for the election. Employers
+and workmen shall be equally represented on the election committees. The
+time appointed for taking the votes shall be fixed in such a manner that
+both day and night shifts may be able to go to the poll. Sec. 135. Besides
+fulfilling the functions assigned to them in Sec.Sec. 106_a_, 110 and 121, the
+Labour Chambers shall support the Labour Boards by advice and active
+help in all questions touching the industrial life of their district. It
+shall be their special duty to make enquiry into the carrying out of
+commercial and shipping contracts; into customs, taxes, duties, and into
+the rate of wage, price of provisions, rent, competitive relations,
+educational and industrial establishments, collections of models and
+patterns, condition of dwellings, and into the health and mortality of
+the working population. They shall bring before the courts all
+complaints as to the conditions of industrial life, and they shall give
+opinion on all measures and legal proposals affecting industrial life in
+their district. Finally, they shall be courts of appeal against the
+decisions of the Courts of Arbitration. Sec. 136. The president of the
+Labour Chamber shall be the labour councillor, or failing him, one of
+his paid officials. The president shall have no vote, except in cases in
+which the Labour Chamber is giving decision as a court of appeal against
+the decision of the Court of Arbitration. Equality of voting shall be
+counted as a negative. The president shall be bound to summon the Labour
+Chamber at least once a month, and also when required on the motion of
+at least one-third of the members of the Chamber. The Labour Chambers
+shall lay down their own working rules; their sittings shall be public."
+According to Sec. 139 of the motion, the members of the Labour Chambers
+shall also be entitled to claim daily pay and defrayment of travelling
+expenses.
+
+Such are the Labour Chambers according to the proposals of the Social
+Democrats in 1885 and 1890.
+
+It is not without some astonishment that I note the tactical ingenuity
+displayed by the party even here. Everything that has anywhere appeared
+in literature, in popular representation, in judicial and administrative
+organisation, in the way of proposals for the centralisation and
+extension of labour intelligence, or of proposals for the representation
+of labour in Labour Protection, and in all agencies for the care of
+labour,--every scheme that has ever been put forward under different
+forms, either purely theoretic or practical, as, _e.g._, "Popular
+Industrial Councils," and "Industrial Courts of Arbitration"--is here
+used to make a part of a broad bridge, leading across to a "People's
+State." Nothing is lacking but the lowest planks, which could not,
+however, be dispensed with, a Local Labour Board and a Local Labour
+Chamber, as the sub-structure of the District Labour Boards and District
+Labour Chambers.
+
+The leaders of Social Democracy in the German Reichstag maintain that
+they are willing to join hands with the representatives of the existing
+order in their schemes of organisation. We have, therefore, no right to
+treat their scheme as consciously revolutionary. But this hardly affects
+the question. The question is whether--setting aside altogether the
+originators of the plan--such an organisation as that described above
+might not in fact readily lend itself as a battering-ram to overthrow
+the existing order and realise the aim of Socialism, whether, in fact,
+it would not of necessity be so used. This question may well be answered
+in the affirmative without casting the slightest reproach at the present
+leaders of the party.
+
+The regulating representative organs would have full and comprehensive
+authority in all questions of industry, social policy, and health, and
+in inspection of dwellings; and the executive organs, even up to the
+Imperial Labour Board, might be empowered by the mere alteration of a
+few sections of the Bill to exercise the same authority, subject to the
+consent of the majority in the National and District Chambers, and
+eventually in the Local Chambers.
+
+If these representative and administrative bodies ever came into
+existence, they would slowly but surely oust, not only the whole
+existing organisation of Chambers of Commerce and Industrial Councils,
+but also the Reichstag itself, and the Imperial Government, as well as
+the local corporate bodies; they would tear down every part of the
+existing social edifice. By the combined action of the Social Democrats
+in the Reichstag with the increasingly democratic tendencies of the
+local bodies, all this might come to pass in a very short space of time.
+
+I do not forget that the organisation is to be based in the first
+instance on equal representation of classes. On the first two, and
+eventually on the third, step of the judicial and representative
+edifice, as many representatives are given to capital as to labour. In
+so far the organisation is a hybrid of Capitalism and Social Democracy.
+For the moment, and in the present stage, it is, for this very reason,
+of special value to the Social Democrats, as it supplies a method of
+completely crippling the forces opposed to them in the existing order.
+For it will be sufficient in the day of fulfilment, _i.e._ when all is
+ripe for the intended change, to give one shake, so to speak, in order
+to burst open the half capitalistic chrysalis, and let the butterfly of
+a Social Democratic "People's State" fly out.
+
+The half capitalistic organisation would, I repeat, be of the greatest
+value at present, in the early preparatory work of the Social Democrats.
+First, because the working class would become practically and thoroughly
+accustomed to co-operation instead of to subordination as hitherto;
+this is the transition step which cannot be avoided, to the supremacy of
+the working class over the employers' class. Then, too, the proposed
+organisation would offer an excellent opportunity for passing through
+the transition step by step, by the continued weakening of the
+capitalist order of society in all its joints. The struggle with capital
+would have the sanction and the organised force of legislation. It would
+receive legal organisation, and would even be legally enjoined. This
+legalised battle would proceed over the whole circuit of industrial
+activity, including trade and transport, and including also the state
+regulated portion of it.
+
+In addition to this the organisation would be peculiarly fitted to
+cripple even the least objectionable bulwarks of capital, even the
+altogether unbiassed and nonpartisan operation of the local and
+district, and probably even ultimately of the imperial courts.
+
+The apparently equal coupling of the influence of both classes would
+lead to the result that the class which had the more energetic
+representatives and the slighter interest in the maintenance of the
+"working rules" would be able at any moment and at any point in the
+national industrial life, to bring everything to a deadlock. The labour
+councillor would be dependent on the Labour Chambers, and they in turn
+would be entirely dependent on the leaders of labour. By the provision
+that the president shall have no vote, and a tie in voting shall
+therefore count as a defeat, the workmen's electorate hold in their
+hands the power to obstruct at will any resolution, and especially to
+obstruct the issue of the working rules in any business, since the
+rules must be submitted to the approval of the Labour Chambers.
+
+The function of "supporting the Labour Boards by advice and active help
+in all questions touching the industrial life of their district," might
+very easily, by virtue of the above provision, be so abused by the
+Labour Chambers as to deprive individual industrial inspectors of all
+possibility of just and independent action, and hence by degrees to
+entirely cripple and destroy the value of the inspectorate as a whole;
+there can, I think be no doubt that before very long these powers would
+intentionally be used for this purpose.
+
+The action of a positive Social policy would be hopelessly crippled by
+an equally balanced class representation, while at the same time the
+existing order of industrial life would be disturbed and shaken down to
+the very last and smallest branches of industry.
+
+Nor would this be all, for such an organisation would secure fixed
+salaries for the staff of agitators in the Labour party, since the
+representatives would receive daily pay and defrayment of travelling
+expenses from the Imperial exchequer. Debates and discussions might be
+carried on without intermission, the pay continuing all the time, for
+each Labour Chamber would be convened, not only once a month, but also
+at any time at the request of one-third of the members of the Labour
+Chamber, therefore of two-thirds of the labour representatives in the
+chamber. By virtue of the provision which gives them unlimited right of
+intervention, pretexts for convening frequent meetings would never be
+wanting.
+
+Hence it is evident that no more effectual machinery could be devised
+for the legal preparation for leading up the existing social order
+directly to the threshold of the "People's State." The attempt to
+convert the hybrid Capitalist-Socialist state to a pure Socialist state
+would be a perfectly simple matter, both in the Empire, the provinces,
+and the local districts, as soon as we had allowed Social Democracy one
+or two decades in which to turn the two-fold class representation to
+their own ends. By a single successful revolutionary "_coup_" in the
+chief city of the Empire, or in the chief cities of several countries
+simultaneously, representation of capital in the Labour Courts might be
+thrown overboard, and the "People's State" would be ready; the
+parliament of a purely popular government would hold the field, and the
+present representation of the nation which includes all classes and
+watches over the spiritual and material interests of the whole nation,
+might without difficulty be swept away from Empire, province, district
+and municipality.
+
+The construction of a complete system of "collective" production would
+be easy, for it would find the framework ready to its hand, complete
+from base to summit, fully mapped out on the plan.
+
+Perhaps the leaders themselves are not fully conscious of the lengths to
+which their proposed organisation may carry them. One can quite
+understand how from their standpoint they fail to see the end. They have
+pursued the path that seemed the most likely to lead to their goal of a
+radical change of the existing social order. The whole responsibility
+will rest with the parties in power, if they do more than hold out their
+little finger, which they have already done, to help Social Democracy
+along this path of organisation.
+
+
+
+
+CHAPTER XII.
+
+FURTHER DEVELOPMENT OF PROTECTIVE ORGANISATION.
+
+
+In spite of all that can be urged against them, however, we may gather
+much, not merely negative, but also positive, knowledge from the
+proposals of Social Democracy. An organisation which shall be equipped
+with full authority, which shall be independent, complete in all its
+parts, which shall prevail uniformly and equally over the whole nation;
+an organisation which shall avoid the disintegration of collective aids
+to labour, which shall encourage industrial representation and prevent
+the division of authority amongst many different courts: such is the
+root idea of the proposal, and this idea is just, however unacceptable
+may appear to us the form in which it is clothed in the Auer Motion.
+Nothing is omitted in the Auer Motion except the assignment of their
+various duties to the various branches of the territorial representative
+bodies, and the working out of an elementary local organisation. I shall
+therefore try to work out the idea into a legitimate and possible form
+of development. In order to do this I must distinguish between the
+organisation required for executive and for representative bodies.
+
+As regards the executive organs, neither in Germany nor elsewhere is
+the industrial inspectorate at present furnished with a sufficient
+number of paid head-inspectors and sub-inspectors. Scarcely any of the
+sub-inspectors are drawn from the labouring class except in the case of
+England. Industrial inspection in Germany has not yet attained uniform
+extension over the whole Empire. The inspectors of the different
+provinces, and the chief provincial inspectors of the whole Empire
+require to be brought into regular communication with each other and
+with a Central Bureau adapted for all forms of aid to labour, including
+Labour Protection--an organ which of course must not interfere with the
+imperial, constitutional, and administrative independence of the States
+of the _Bund_. If the individual inspectors were everywhere carefully
+chosen, the assembling of all inspectors for deliberation with the
+Provincial and Imperial Central Bureaux of Labour Protection would in
+nowise retard, but on the contrary would serve to promote the complete
+and equitable administration of Labour Protection and all forms of aid
+to labour. This is the really fruitful germ contained in the idea of an
+"Imperial Labour Board."
+
+A Provincial Labour Board might effect much in the same direction. We
+are not without the beginnings of a uniform constitution of this kind:
+England has an Inspector-General, Austria a Central Inspector; in
+Switzerland the inspectors hold regular conferences; in France a
+comprehensive scheme of inspectoral combination is projected.
+
+The choice of persons as head and sub-inspectors, which is a matter of
+such great importance, might be subject to nomination by the united
+provincial inspectorate, coupled with instructions to direct particular
+attention to the selection of persons of practical experience, without
+social bias, well versed in knowledge of technical and hygienic matters,
+and suited to the special needs of the several posts.
+
+But the mere development of the inspectorate would not be the only step
+in the progress of the organisation of Labour Protection. We must go
+much further than this. The combined interests of economy, simplicity,
+efficiency, and permanence of service, point to the necessity of
+relieving as far as possible the regular governmental courts of the
+Empire, of the province, and of the municipality, of the extra burden of
+judicial and police administration involved in special branches of
+Labour Protection, and in all other special forms of aid to labour. The
+same considerations involve the necessity of gradually developing a
+better organisation of associated labour boards, an imperial board, and
+provincial, district, and municipal boards. We should thus get rid of
+the present confusion of divided authority without entirely depriving
+Labour Protection, both individual and general, of the assistance of the
+ordinary administrative courts. This is the task that I have repeatedly
+insisted upon as imperatively requiring to be taken in hand in connexion
+with Labour Insurance. The Auer Motion attempts to meet this necessity.
+
+Much also that is very just and very practical is contained in the idea
+of extending the sphere of operations of the Imperial Labour Board and
+of the District Boards so as to embrace not only Labour Protection but
+every form of aid to labour. Complaint is made that the organisation of
+Labour Insurance, in spite of all caution, has frequently proved a
+unpractical and costly piece of patchwork administration. Would it not
+then be more to the point, and would it not more easily fulfil the
+object of Labour Insurance and Labour Protection, and later on also of
+dwelling reform, inspection of work, etc., to create municipal district
+and provincial boards, with a great Imperial Central Bureau at the head?
+In order that each special branch of protection might receive proper
+attention, care would have to be taken in appointing to the offices of
+the collective organ, to insure the inclusion of the technical,
+juristic, police, hygienic, and statistic elements, and it would be
+necessary to group these elements into sections without destroying the
+unity of the service. There would be no lack of material, and it would
+not be difficult to secure a good, efficient, and economical working
+staff.
+
+No less reasonable is the idea of a "guild" of the eldest in the trade,
+or of a factory committee for the several large works with
+representation of both classes to appoint the district, provincial, and
+imperial labour councils. So far from being extreme in this respect, the
+Auer Motion is rather to be reproached with incompleteness, and a lack
+of provision for local Labour Councils and Labour Chambers, a point
+which we have already mentioned. But the representative bodies would
+have a significance extending far beyond the limits of Labour
+Protection--following the example of Switzerland the _von Berlepsch_
+Bill admits factory labour-committees for dealing with matters
+concerning the factory working rules--they would be agencies for the
+care of labour, for the insurance of social peace, the protection of
+morality, the settlement of disputes and the maintenance of order in the
+factory, for the instruction and discipline of apprentices, for the
+control of the administration of protective legislation, for dealing
+with the wage question, in a word for softening the severe autocracy of
+the employers and their managers by the co-operation and advice of the
+workers. And in this case I have nothing further to add to what I have
+already said on the matter in a former article.
+
+But the supporter of even the most comprehensive scheme of labour
+representation does not stand committed to any such system of
+parliamentary management of industry by democratic majority as is
+proposed in the Auer Motion. The appointment and the working of the
+Labour Councils and Labour Chambers seems to me to introduce quite
+another element into the scheme.
+
+The regular, not merely the accidental and occasional, meeting of the
+inspectors with the body of employers and workers is a recognised
+practical necessity; a less bureaucratic system of industrial management
+is demanded on all sides. Regularly appointed ordinary and special
+meetings with the Labour Chambers would no doubt accomplish much. The
+inspector ought to be accessible to the expression of all wishes,
+advice, and complaints; but, on the other hand, he should not yield
+blind obedience to the rulings and representations of such organs. The
+industrial inspector must be, and must remain, an officer of the State,
+capable of acting independently of either class, appointed by
+government; only under these circumstances can he perform the duties of
+his office with firmness and impartial justice; in his appointment, in
+his salary, and in the exercise of his official duties he should be
+furnished with every guarantee to insure the independence of his
+judgment. It is nowise incompatible with this that he should be open to
+receive representations, whether in the way of advice, information, or
+complaint. The more he lays himself open to such in the natural course
+of work, the more important will his duties and position become, both on
+his circuits and in his office. The right of appeal to higher courts can
+always be secured to the Labour Chambers in cases of complaint. But how
+should representative bodies of this kind be formed?
+
+In answering this question care must be taken above all not to confound
+such public Labour Chambers as are suggested in the Auer proposals with
+voluntary joint committees of both classes. Each of these representative
+organs requires its own special constitution.
+
+The voluntary unions appoint committees for the security of class
+interests, and especially for the purpose of making agreements as to
+conditions of work. The election of these representative bodies ought to
+be made by both classes with unrestricted equal eligibility of all,
+including the female, members of any union, and without predominance of
+one class over the other, or of any section of one class.
+
+I have already in a former article (see also above, Chap. V.) laid
+great stress upon the development of this voluntary or conciliatory
+representation of both classes as a means of union which can never be
+replaced by the other or legal form of representation.
+
+The need for a representative system in the organs of the different
+forms of state-aid to labour is quite another matter.
+
+Their tasks require special, public, legalised representation, with
+essentially only the right of deliberation; but they may also decide by
+a majority of votes questions which lie within the sphere of their
+competence.
+
+As regards this public representation, it seems to me that joint
+appointment by direct choice of all the individuals in both classes, and
+out of either class, tends to the preservation of class enmity rather
+than to the mutual conciliation of the two classes and to the promotion
+of their wholesome joint influence on the boards. This kind of
+appointment might be dispensed with by limiting direct election as far
+as possible to the appointment of the elementary organs of
+representation; but for the rest by drawing the already existing
+authorities of a corporate kind into the formation of the system of
+general representation. Herein I refer to such already existing organs
+as those of labour insurance, Chambers of Commerce and Industrial
+guilds, railway boards, local and parliamentary representatives; and
+other elementary forms of corporate action might also be pressed into
+the service. A thoroughly serviceable, fully accredited _personnel_
+would thus be secured for all Labour Boards.
+
+This system might even be applied to the election or appointment by lot
+of the Industrial Court of Arbitration. If the Labour Chambers were
+corporate bodies really representative of the trade, then the Industrial
+Courts of Arbitration, both provincial and local, might be constituted
+as thoroughly trustworthy public organs--without great expense, free
+from judicial interference, competent as courts of the first and second
+instance, and not in any way dependent on the communal
+authorities--either freely elected by the managers of the workmen's
+clubs and the employers' boards or companies, or chosen by lot from the
+_personnel_ of the already existing corporate institutions above
+referred to. The system of direct election by the votes of all the
+individual workers and employers would thus be avoided, and, more
+important still, this method would meet the difficulty which proved the
+crux of the whole question when the organisation of Industrial Courts of
+Arbitration was discussed in the last Reichstag: the distinction between
+young persons and adults would not enter into consideration, either in
+the case of Labour Chambers or of the Courts of Arbitration proceeding
+therefrom.
+
+
+There would be no need, under this system, that electors of either class
+should be required to limit their choice of representatives to members
+of their own class. Each body of electors would be free to fix their
+choice on the men who possessed their confidence, wherever such might be
+found. This would further help to stamp out the antagonisms which are
+excited by the separate corporate representation of both classes. Men
+would be appointed who would need no special protection against
+dismissal. But the representatives of the workers when chosen out of the
+midst of the working electorate might still receive daily pay and
+defrayment of travelling expenses. If this were entered to the account
+of the unions which direct the election through members of the managing
+committee, and if charged _pro rata_ of the electors appointed, a
+sufficient safeguard would be provided against the temptation to
+protract the sessions or to bribe professional electors.
+
+The foregoing sketch of the executive and representative development of
+the organisation of Labour Protection in the direction of united,
+simple, uniform, specialized organisation of the whole aggregate of aids
+to labour, ought at least to deserve some attention.
+
+Provided that the upward progress of our civilisation continues
+generally, this quite modern, hitherto unheard of, development of boards
+and representative bodies, even if only brought about piecemeal, will
+eventually be brought to completion, and will effect appreciable results
+in the State and in society. Some of the best forms of special boards,
+_i.e._ special representative bodies are already making their
+appearance, _e.g._ the "Labour Secretariats" in Switzerland, the
+American "Boards of Labour," and the Russian "Factory Courts" under the
+governments of St. Petersburg, Moscow, and Vladimir (Act of June 23,
+1868).
+
+
+
+
+CHAPTER XIII.
+
+INTERNATIONAL LABOUR PROTECTION.
+
+
+Years and years elapsed before the first supporters of international
+protection received any recognition. Then immediately before the
+assembling of the Berlin Conference, the idea began to take an enormous
+hold on the public mind. Switzerland demanded a conference on the
+subject. Prince Bismark refused it. The Emperor William II. made an
+attempt towards it by summoning an international convention to discuss
+questions of Labour Protection.
+
+The inner springs of the movement for international Labour Protection
+are not, and have not been, the same everywhere.
+
+With some it is motived by the desire to secure for wage labour in all
+"Christian" States conditions compatible with human dignity and
+self-respect. This was the basis of the Pope's negotiations with the
+labour parties and with certain of the more high-minded sovereigns and
+princes. Others demand it in the combined interests of international
+equilibrium of competition and of Labour Protection, believing that
+these two may be brought into harmony by the international process,
+since if industry were equally weighted everywhere, and the costs of
+production, therefore, approximately the same everywhere, protected
+nations would not suffer in the world's markets. The first, the more
+"idealist" motive prevails most strongly among Catholics, and contains
+no doubt a deeper motive--namely, the preservation of the social
+influence of the Church. At the International Catholic Economic Congress
+at Suttich, in September, 1890, this view prevailed, with the support of
+the English and Germans, against the opposition of the Belgians and
+French.
+
+The light in which international Labour Protection is viewed depends
+upon whether the one or the other motive prevails, or whether both are
+working together.
+
+Two results are possible. Either limits will be set to the right of
+restricting protection of employment and protection in occupation by
+means of universal international legislation, or the interchange of
+moral influence between the various governments will be brought about by
+means of periodical Labour Protection Conferences and through the Press,
+which on the one hand would promote this interchange of influence, and
+on the other hand would, uniformly for all nations, demand and encourage
+the popular support of all protective efforts outside the limits of the
+State.
+
+Before the Berlin Conference it was by no means clear what was expected
+of international Labour Protection. Since the Conference it has been
+perfectly clear, and this alone is an important result.
+
+The international settlement which Prince Bismark had opposed ten years
+before did not meet with even timid support at the Berlin Conference.
+England and France were the strongest opponents of the idea of the
+control of international protective legislation. This can be proved from
+the reports of the Berlin Conference.
+
+The representative of Switzerland, H. Blumer, in the session of March
+26, 1890, made a proposal, which was drawn up as follows:--
+
+"Measures should be taken in view of carrying out the provisions adopted
+by the Conference.
+
+"It may be foreseen on this point that the States which have arrived at
+an agreement on certain measures, will conclude an obligatory
+arrangement; that the carrying out of such arrangement will take place
+by national legislation, and that if this legislation is not sufficient
+it will have to receive the necessary additions.
+
+"It is also safe to predict the creation of a special organ for
+centralizing the information furnished, for the regular publication of
+statistical returns, and the execution of preparatory measures for the
+conferences anticipated in paragraph 2 of the programme.
+
+"Periodical conferences of delegates of the different governments may be
+anticipated. The principal task of these conferences will be to develop
+the arrangements agreed on and to solve the questions giving rise to
+difficulty or opposition."
+
+Immediately upon the opening of the discussion on this motion, the
+delegates from Great Britain moved the rejection of the proposal of
+Switzerland, "since, in their opinion, an International Convention on
+this matter could not supply the place of special legislation in any one
+country. The United Kingdom had only consented to take part in the
+Conference on the understanding that no such idea should be entertained.
+Even if English statesmen had the wish to contract international
+obligations with respect to the regulation of factory labour, they would
+have no power to do so. It is not within their competence to make the
+industrial laws of their country in any way dependent on a foreign
+power." The Austrian delegate suggested that it be made quite clear
+"that the superintendence of the carrying out of the measures taken to
+realise the proposals of the Conference is exclusively reserved to the
+Governments of the States, and that no interference of a foreign power
+is permitted." The Belgian delegate "considers it advisable, in order
+that the deliberations of the Conference may keep their true character,
+not to employ the word 'proposals,' but to substitute for it 'wishes,'
+or 'labours.'" M. Jules Simon, the French delegate, states that he and
+his colleagues have received instructions which "forbid them to endorse
+any resolution which either directly or indirectly would appear to give
+immediate executive force to the other resolutions formulated by the
+Conference." And M. Tolain adds that "it is true that the French
+Government had always considered the meeting of the Conference
+exclusively as a means of enquiring into the condition of labour in the
+States concerned, and into the state of opinion in respect to it, but
+that they by no means intended to make it, at any rate for the present,
+the point of departure for international engagements."
+
+The idea of an international code of Labour Protection could not have
+been more flatly rejected. Hence the opposition to the idea manifested
+by Prince Bismark was fully borne out by the Conference. This opposition
+has everything in its favour, for it is clear that a uniform
+international code of Labour Protection would supply boundless
+opportunities for friction and for stirring up international commercial
+quarrels. If it were desired to establish Labour Protection guaranteed
+by international agreement, it would be found that there would be as
+many disturbances of international peace as there are different kinds of
+industry, nay, I will even say, as there are workmen. The countries
+whose administration was best and most complete would be the very ones
+that would be most handicapped: seeing that they could expect only a
+very minimum of real reciprocity from those other contracting powers
+whose administration was faulty, and where a strong national sentiment
+was lacking in the workers, owing to their miserable and penurious
+condition in the absence of effective protection for labour. Accurately
+to supervise the observance of such an international agreement we should
+require an amount of organisation which it is quite beyond our power to
+supply. But even on paper, international labour legislation has no
+significance beyond that of creating international discontent and
+agitation, and of supplying political animosity with inexhaustible
+materials for arousing international jealousy. The Berlin Conference has
+negatively produced a favourable effect by the protest of England and
+France, if one reflects how fiercely the scepticism of Bismark's policy
+was attacked before the meeting of the Conference. Repeated readings of
+the reports of the Conference have confirmed me in the impression that
+Prince Bismark was fully upheld by the Conference in his opposition to
+the establishment of Labour Protection by international agreement. But I
+have felt it necessary to clearly establish the grounds on which the
+opposition to this form of protection is based.
+
+The moral influence of the international Conference, however, has been
+on the other hand something more than "vain beating the air." This is
+already shown in the increased impetus given to the improvement of
+national labour-protective legislation.
+
+The conclusions arrived at by the Conference as to the international
+furtherance of Labour Protection are, it is true, of the nature of
+recommendations merely, and are in nowise binding on the governmental
+codes of each country. But even as recommendations they are practically
+of the greatest value. None of the nations represented will venture, I
+think, to disregard the force of their moral influence. All the means
+recommended by the Conference have promise of more or less success. Some
+of the proposals, for instance, are: the repetition of international
+Labour Protection Conferences, the appointment of a general, adequate,
+and fully qualified industrial inspectorate, the international
+interchange of inspectors reports, the uniform preparation of statistics
+on all matters of protection, the international interchange of such
+statistics, and of all protective enactments issued either legislatively
+or administratively.[15]
+
+But what of the proposal for the appointment of an international
+commission for the collection and compilation of statistics and
+legislative materials, for the publication of these materials, and for
+summoning Labour Protection Conferences, and the like? And what would
+this proposal involve?
+
+None of the objections which can be urged against the enforcement of an
+international code of Labour Protection would apply to this. The
+commission would be well fitted to help forward the international
+development, on _uniform lines_, of labour protective legislation,
+without in any way fettering national independence. Its moral influence
+would be of great international value.
+
+What it would involve is also easy to determine. Such a commission would
+be an international administrative organ for the spread and development
+of Labour Protection on uniform lines in all countries; a provision by
+International Law for the enforcement of the international moral
+obligations arising out of protective right.
+
+That is really what the Labour Protection Conferences would be if they
+met periodically as suggested At the Berlin Conference this at least was
+felt when it was said that the Conference was indeed less than a
+treaty-making Congress, but more than a scientific Congress.
+"International Conferences may be divided into two categories. In the
+first the Plenipotentiaries of different States have to conclude
+Treaties, either political or economic, the execution of which is
+guaranteed by the principles of international law; to the second
+category belong those Conferences whose members have no actual powers,
+and give their attention to the scientific study of the questions
+submitted to them, rather than to their practical and immediate
+solution. Our Conference, from the nature of its programme, and the
+attitude of some of the States good enough to take part in it, has a
+character of its own, for it cannot pass Resolutions binding on the
+Governments, nor may it restrict itself to studying the scientific sides
+of the problems submitted to its examination. It could not aspire to the
+first of these parts; it could not rest content with the second. The
+considerations which have been admitted in the Commissions relative to
+all the questions contained in the programme have been inspired by the
+desire of showing the working population that their lot occupies a high
+place in the attention of the different Governments; but these
+considerations have had necessarily to bend to others which we cannot
+put aside. In the first place, there was the wish to unite all the
+States represented at the Conference in the same sentiment of devotion
+to the most numerous and the most interesting portion of society. It
+would have been grievous not to arrive at the promulgation of general
+principles, by means of which the solution of the most important half of
+the social problem should be attempted. It was evidently not possible to
+arrive at once at an agreement on all its details. But it was necessary
+to show the world that all the States taking part in the Conference
+were met in the same motives of humanity."
+
+The proposal of a commission for summoning repeated conferences,
+international, uniform gatherings of representatives of all
+non-governmental agencies of Labour Protection, for the purpose of
+dealing uniformly with the requirements of a progressive policy in
+national labour-protective legislation, was a summing up of the demands
+urged by the Conference for a strong, international, administrative
+organisation for the furtherance of Labour Protection by the
+international exchange of moral persuasion, but without the enforcement
+of a code of international application.
+
+From a scientific point of view it is of the highest interest to observe
+how international right, and even to some extent an international
+administrative right, is here breaking out in an entirely new direction.
+Treaties between two or more, or all, civilized States have hitherto
+mainly been treaties for combined action in certain eventualities
+(treaties of alliance), or territorial treaties for defining spheres of
+influence. Or else they have been treaties for the reciprocal treatment
+of persons or of goods passing between or remaining in the territories
+of the respective contracting States: migration treaties, commercial
+treaties, treaties concerning pauper aliens, tariff treaties and other
+treaties. Or they have been treaties for the prevention of the spread of
+infectious diseases. The exercise of international activity in the
+creation, development, and regulation of an international uniform Social
+Policy would be quite a new departure. Probably the idea of Switzerland
+has not been thrown out altogether in vain.
+
+FOOTNOTE:
+
+[15] Proposals VI., I_a-d_, and II. I_c_ is as follows: "All the
+respective States, following certain rules, for which an understanding
+will have to be arrived at, will proceed periodically to publish
+statistical reports with respect to the questions included in the
+proposals of the Conference."
+
+
+
+
+CHAPTER XIV.
+
+THE AIM AND JUSTIFICATION OF LABOUR PROTECTION.
+
+
+The aim and justification of Labour Protection have I think become
+sufficiently clear in the course of our inquiry. It is now only
+necessary to recapitulate.
+
+Labour Protection, especially protection by limitation of employment,
+and protection in occupation, is first and foremost the social care of
+the present and of all future generations, security against neglect of
+their spiritual, physical, and family life through the unscrupulous
+exploitation of wage-labour. Hence Labour Protection is indirectly
+protection also of the capitalist classes of the future, and therefore
+far from being unjust, it even acts in the highest interests of that
+part of the nation which by virtue of the fact of property or ownership
+is not in need of any special Labour Protection.
+
+In fulfilling its purpose, Labour Protection even goes beyond the work
+of upholding and strengthening national labour, when it takes the form
+of internationally uniform Labour Protection such as was lately
+projected at the Berlin Conference, and such as is becoming more and
+more the goal of our efforts.
+
+This international Labour Protection is a universal demand of humanity,
+morality and religion, especially from the standpoint of the Church,
+like that of international protection of all nations against slavery,
+but it is also no doubt demanded in the interests of international
+equilibrium of competition.
+
+The aim of Labour Protection for the worker individually lies far beyond
+mere industrial protection. Protection of labour extends to the person
+of individual labourers and their freedom as regards religious
+education, instruction, learning, and teaching, social intercourse,
+morality and health, and especially does it afford to every man security
+of family life.
+
+In this social and individual aim lies its justification, subject to
+certain conditions. These conditions we have already examined.
+
+The first condition is, that special protection shall only be used to
+guard against distinct dangers arising out of employment in service.
+Next, Labour Protection is only justified in dealing with such dangers
+as cannot or can no longer be adequately guarded against by any or all
+of the old forms of protection, viz., self-help, family protection,
+private agencies and non-governmental corporate agencies, or the
+protection of the regular administrative and judicial authorities, and
+even with such dangers only so far as is absolutely necessary. And
+lastly, the extraordinary State protection contained in the several
+labour-protective enactments must be adapted to the suppression of such
+dangers altogether.
+
+Bearing in mind these conditions, it will be found on examination of the
+several measures of Labour Protection, as they appear in the resolutions
+of the Berlin Conference and in the _von Berlepsch_ Bill, that not one
+of them oversteps these limits. The labour protective code as already
+existing, and as projected by government, nowhere stretches its
+authority beyond the specified point, either in its scope, extension or
+organisation; at present it rather errs on the side of caution, and in
+many respects it does not go nearly so far as it might. This also I
+claim to have shown in the foregoing pages. This fact alone fully
+justifies the policy of Labour Protection as at present projected by the
+German government.
+
+It is in nowise intended (as shown in Chaps. IV. to X.) by this
+protective policy to supplant and replace free self-protection and
+mutual protection, or the ordinary State protection of common law.
+
+No addition to Labour Protection will be permitted except where special
+need exists.
+
+In no case shall a larger measure of protection be afforded than
+necessary. There is no question of treating all and everywhere alike the
+various classes of industrial wage-labour needing protection. But rather
+that complete elasticity of treatment is accorded, which is required in
+view of the variety of needs for protection and of the different degrees
+of difficulty of applying it; it is this variety which necessitates
+extraordinary State intervention, extraordinary alike in scope, basis
+and organisation.
+
+Labour Protection has not, it is true, by any means reached its full
+development either in aim and scope or in organisation. None of those
+further demands, however, from various quarters, which I have treated in
+this book as within the range of discussion overstep in any essential
+degree the limits imposed on Labour Protection, regarded as special and
+supplementary intervention of the State.
+
+Even the Auer Motion when carefully examined--if we set aside the
+general eight hours day and certain special features of organisation, in
+particular its claim to include in its scope the whole of industry--is
+not really as extravagant as it appears at first sight; for although
+indeed it demands complete Labour Protection for all kinds of industrial
+work, it requires only the application of the same special measures as
+are also demanded in other quarters, and as I have shown to be
+justified, except in a few special cases where it calls for more drastic
+measures.
+
+We have seen also that the policy of Labour Protection does not involve
+a kind of State intervention hitherto unknown. The State has long
+afforded regular administrative and judicial protection to the work of
+industrial wage-service, and has even interfered in a special manner in
+the case of children, young men, young women and adult women; and for
+still longer in the case of adult men, by affording protection in the
+way of limitation of employment, truck protection and protection in
+occupation, and by affording protection of contract through the
+Industrial Regulations, applied to non-factory as well as to factory
+labour. The application of protection by limitation of employment is
+thus far from being the first exercise of State interference with the
+hitherto unrestricted freedom of contract. Nothing will be found in the
+developments of protection here dealt with, that has not long ago been
+demanded and granted elsewhere, chiefly in England, Austria and
+Switzerland.
+
+The economic burden imposed upon the nation by Labour Protection, when
+compared with that of Labour Insurance, which we have already, will be
+found to be comparatively small. Those measures which call for the
+greater sacrifices--protection of married women, and regulation of the
+factory ten hours working-day--are recommended on all sides by way of
+international uniform regulations.
+
+Freedom of contract will not be impaired, since such adults as are
+included under Labour Protection stand in special need of protection,
+and are as incapable of self-defence as minors in common law; we have
+discussed and proved this contention point by point. This will certainly
+soon be recognised generally, even by England and Belgium, whose
+representatives at the Berlin Conference laid such stress on freedom of
+contract for adults.
+
+An international and internationally administered code for the whole of
+Labour Protection is strictly to be avoided.
+
+The wider measures of Labour Protection demanded by the Berlin
+Conference, and the _von Berlepsch_ Bill,[16] I conclude therefore to be
+nothing more than a fully justifiable and harmless corollary and
+supplement to the Social Policy of the Emperor William II. and of Prince
+Bismark.
+
+By following in the paths already trodden without ill results by
+separate countries, long ago by some, only lately by others, in paths
+therefore which have to a certain degree been explored, this policy will
+need to be subjected to fewer alterations than that great and noble
+policy of Labour Insurance which has struck out in entirely new paths,
+and too often worked in consequence by somewhat unpractical methods.
+
+FOOTNOTE:
+
+[16] See Appendix.
+
+
+
+
+APPENDIX.
+
+
+INDUSTRIAL CODE AMENDMENT BILL (GERMANY).
+
+[_June 1st, 1891_].
+
+
+ We, William, by the grace of God Emperor of Germany, etc., decree
+ in the name of the Empire, by and with the consent of the Federal
+ Council and Reichstag, as follows:--
+
+
+_Article I._
+
+After Sec. 41 of the Industrial Code shall be inserted:
+
+
+Sec. 41_a_.
+
+Where, in accordance with the provisions of Sec.Sec. 105_b_ to 105_h_,
+employment of assistants, apprentices and workmen is prohibited in any
+trading industry on Sundays and holidays, no industrial business shall
+be carried on on those days in public sale-rooms.
+
+This provision shall not preclude further restrictions by common law of
+industrial business on Sundays and holidays.
+
+
+_Article II._
+
+After Sec. 55 of the Industrial Code shall be inserted.
+
+
+Sec. 55_a_.
+
+On Sundays and holidays (Sec. 105_a_, 2) all itinerant industrial business,
+so far as it is included in Sec. 55 (1) 1-3, shall be prohibited, as well
+as the industrial business of the persons specified in Sec. 42_b_.
+
+Exceptions may be allowed by the lower administrative authorities. The
+Federal Council is empowered to issue directions as to the terms and
+conditions on which exceptions may be allowed.
+
+
+_Article III._
+
+Chapter VII. of the Industrial Code shall be amended as follows:--
+
+
+CHAPTER VII.
+
+
+ Industrial workers (journeymen, assistants, apprentices, managers,
+ foremen, mechanics, factory workers).
+
+
+I. GENERAL RELATIONS.
+
+
+Sec. 105.
+
+The settlement of relations between independent industrial employers and
+workers shall be left to voluntary agreement, subject to the
+restrictions laid down by imperial legislation.
+
+
+Sec. 105_a_.
+
+Employers cannot oblige their work people to work on Sundays or
+holidays.
+
+This, however, does not apply to certain kinds of work mentioned further
+on. Holidays are determined by the State Governments in accordance with
+local customs and religious belief.
+
+
+Sec. 105_b_.
+
+There shall be no work on Sundays and holidays in mines, salines,
+smelting works, quarries, foundries, factories, workshops, carpenters'
+yards, masons' and shipbuilders' yards, brick-fields, and buildings of
+any kind.
+
+For every Sunday and holiday the workpeople of such establishments must
+be allowed a rest of at least 24 hours, for two consecutive holdings of
+36 hours; and for Christmas, Easter and Whitsuntide of 48 hours. The
+period of rest must be counted from midnight, and in the case of two
+consecutive holidays must last till 6 p.m. of the second day. In
+establishments where regular day and night gangs are employed, the
+period of rest may commence at any time between 6 p.m. of the preceding
+week-day and 6 a.m. of the Sunday or holiday, provided that the work is
+completely suspended for 24 hours from such commencement.
+
+The assistants, apprentices and workpeople in small trades and
+handicrafts must not be employed on Christmas Day, Easter Sunday and
+Whit Sunday; on other Sundays and holidays they must not be employed for
+more than five hours.
+
+By statutory regulation of the parish or municipal authorities, such
+Sunday work can be further restricted or entirely prohibited for
+particular branches of trade. For the last four weeks before Christmas,
+and for particular Sundays and holidays, which, owing to local
+conditions call for greater activity in trades, the police authorities
+may order an extension of the hours of work up to ten. The hours of work
+must be so fixed as to admit of attendance at Divine worship. The hours
+may be variously fixed for the different branches of trading industry.
+
+
+Sec. 105_c_.
+
+The provisions of 105_b_ do not apply:
+
+
+ 1. To work which must be carried on without delay in cases of
+ necessity and in the public interest;
+
+ 2. To the work of keeping the legally prescribed register of Sunday
+ labour;
+
+ 3. To the work of watching, cleaning and repairing the workshops,
+ required for the regular continuance of the main business or of
+ some other business, nor to any work on which depends the
+ resumption of the full daily working of the business, wherever such
+ work cannot be carried on during working days;
+
+ 4. To such work as may be necessary in order to protect from damage
+ raw materials or the produce of work, wherever such cannot be
+ carried on during working days;
+
+ 5. To the supervision of such work as is carried on on Sundays and
+ holidays, in accordance with the provisions of clauses 1 to 4.
+
+
+Employers must keep an accurate register of the workmen so employed on
+each Sunday and holiday, stating their number, and the hours and nature
+of the work. The register must be produced for examination at any time
+at the request of the local police authorities or of the official
+specified in Sec. 139_b_.
+
+If the Sunday employment exceeds three hours, or prevents the workpeople
+from attending Divine worship, a rest of 36 hours must be given to such
+workpeople every third Sunday, or they must be free every second Sunday
+from 6 a.m. to 6 p.m.
+
+Exceptions to the above may be allowed by the lower administrative
+authorities, provided that the workpeople are not prevented from
+attending Divine worship on Sundays, and that a rest of 24 hours is
+granted to then on a week-day in lieu of Sunday.
+
+
+Sec. 105_d_.
+
+The Federal Council may make further exceptions to the provisions of Sec.
+105_b_, 1 in certain defined industries, especially in the case of
+operations which do not admit of delay or interruption, or which are
+limited by natural causes to certain times and seasons, or the nature of
+which necessitates increased activity at certain times of the year. The
+regulation of the work permitted in such business on Sundays and
+holidays, and the regulation of the conditions on which such work shall
+be permitted, shall be uniform for all business of the same kind, and
+shall be in accordance with the provision of Sec. 105_c_, 3.
+
+The regulations laid down by the Federal Council shall be published in
+the _Imperial Law Gazette_, and shall be laid before the Reichstag at
+the next session.
+
+
+Sec. 105_e_.
+
+Exceptions to the restrictions of work on Sundays and holidays may also
+be made by the higher administrative authorities in trades which supply
+the daily necessaries of life to the public, and in those that require
+increased activity on those days; also in establishments the working of
+which depends upon the wind or upon the irregular action of water power.
+The regulation of these exceptions shall be subject to the provision of
+Sec. 105_c_, 3.
+
+The procedure on application for permission of exceptions in the case of
+establishments employing machinery worked wholly or mainly by wind or by
+the irregular action of water power, shall be subject to the enactments
+of Sec.Sec. 20 and 21.
+
+
+Sec. 105_f_.
+
+In order to prevent a disproportionate loss or to meet an unforeseen
+necessity, the lower administrative authorities may also allow
+exceptions for a specified time to the provision of Sec. 105_b_, 1.
+
+The orders of the lower administrative authorities shall be issued in
+writing, and must be produced by the employer for examination in the
+office of the business at the request of the official appointed for the
+revision. A copy of the orders shall be hung up inside the place of
+business in some spot easily accessible to the workers.
+
+The lower administrative authorities shall draw up a register of the
+exceptions granted by them, in which shall be entered the name of the
+firm, the kind of work permitted, the number of workers employed in the
+business, and the number required for such Sunday or holiday labour,
+also the duration of such employment and the grounds on which it is
+permitted.
+
+
+Sec. 105_g_.
+
+The prohibition of Sunday work may be extended by Imperial Ordinance,
+with consent of the Federal Council, to other trades besides those
+mentioned in the Act. These ordinances shall be laid before the
+Reichstag at the next session. The provisions of Sec.Sec. 105_c_ to 105_f_
+shall apply to the exceptions to be permitted to such prohibition.
+
+
+Sec. 105_h_.
+
+The provisions of Sec.Sec. 135_a_ to 105_g_ do not preclude further
+restrictions by common law of work on Sundays and holidays.
+
+The Central Provincial Court shall be empowered to permit departures
+from the provisions of Sec. 105_b_, 1, for special holidays which do not
+fall upon a Sunday. The provision does not apply to Christmas, Easter,
+Ascension Day or Whitsuntide.
+
+
+Sec. 105_i_.
+
+The provisions of Sec.Sec. 105_a_, 1, 105_b_ to 105_g_ do not apply to public
+houses and beerhouses, concerts, spectacles, theatrical
+representations, or any kind of entertainment, nor to carrying
+industries.
+
+Industrial employers may only exact from their workpeople on Sundays and
+holidays such work as admits of no delay or interruption.
+
+
+Sec. 106.
+
+Industrial employers who have been deprived of civil rights shall not,
+so long as they remain deprived of these rights, undertake the
+instruction of workers below 18 years of age.
+
+The police authorities may enforce the dismissal of workers employed in
+contravention of the foregoing prohibitions.
+
+
+Sec. 107.
+
+Unless special exceptions are made by Imperial Ordinance, persons under
+age shall only be employed as workers on condition that they are
+furnished with a work register. At the time of engaging such workers,
+the employer shall call for the work register. He shall be bound to keep
+the same, produce it upon official demand, and return it at the legal
+expiration of service relations. It shall be returned to the father or
+guardian if demanded by them, or if the worker has not yet completed his
+sixteenth year, in other cases it shall be returned to the worker
+himself.
+
+With consent of the local authorities of the district specified in Sec.
+108, the work register may also be handed over to the mother or other
+relation, or directly to the worker himself.
+
+The forgoing provisions do not apply to children who are under
+compulsion to attend the national schools.
+
+
+Sec. 108.
+
+The work register shall be supplied to the worker by the police
+authorities of that district in which he has last made a protracted
+stay; but if this was not within the limits of the German Empire, then
+it shall be free of costs and stamp duty in any German district chosen
+by him. It shall be supplied at the request or with the consent of the
+father or guardian; and if the opinion of the father cannot be obtained,
+or if the father refuses consent on insufficient grounds, and to the
+disadvantage of the worker, the local authorities shall themselves grant
+consent.
+
+Before the register is supplied it must be certified that the worker is
+no longer under compulsion to attend school, and an affadavit must be
+made that no work register has previously been supplied to him.
+
+
+Sec. 109.
+
+If the work register is completely filled up, or can no longer be used,
+or if it has been lost or destroyed, another work register shall be
+supplied in its place by the local authorities of the district in which
+the holder of the register has last made a protracted stay. The register
+which has been filled up, or which can no longer be used, shall be
+closed by an official mark. If the new register is issued in the place
+of one which can no longer be used, or which has been lost or destroyed,
+the same shall be notified therein. In such case a fee of fifty pfennig
+may be charged.
+
+
+Sec. 110.
+
+The work register (Sec. 108) must contain the name of the worker, the
+place, year and day of his birth, the name and last residence of his
+father or guardian, and the signature of the worker. The register shall
+be supplied under seal and signature of the magistrate. The latter shall
+draw up a schedule of the work registers supplied by him.
+
+The kind of work registers to be used shall be determined by the
+Imperial Chancellor.
+
+
+Sec. 111.
+
+On admission of the worker into service relation, the employer shall
+enter, in the place provided for that purpose in the register, the date
+of admission, and the nature of the employment, and at the end of the
+term of service, the date of leaving, and if any change has been made in
+the employment, the nature of the last employment.
+
+The entries shall be made in ink, and shall be signed by the employer or
+by the business manager authorised thereto by him.
+
+The entries shall contain no mark intended to attribute a favourable or
+unfavourable character to the holder of the register.
+
+The entry of a judgment upon the conduct or manner of work of the
+worker, and other entries or marks in or on the register for which no
+provision is made in this Act, shall not be permitted.
+
+
+Sec. 112.
+
+If the work register has been rendered unfit for use by the employer, or
+has been lost or destroyed by him, or if signs, entries, and marks have
+been made in or on the register, or if the employer refuses without
+legal grounds to deliver up the register, the issue of a new register
+may be demanded at the cost of the employer.
+
+Any employer who in defiance of his legal obligation has not delivered
+up the register in due time, or who has neglected to make the requisite
+entries, or who has made illegal signs, entries or marks, may be forced
+to compensate the worker. The claim for compensation expires if no
+complaint nor remonstrance is made within four weeks.
+
+
+Sec. 113.
+
+On quitting service workers may demand a testimonial setting forth the
+nature and duration of their employment.
+
+This testimonial may, at request of the workers, bear evidence as to
+their conduct and manner of working.
+
+Employers are forbidden to add irrelevant remarks concerning the workmen
+other than those required for the purpose of the testimonial.
+
+If the worker is under age, the testimonial may be demanded by the
+parent or guardian. They may demand that the testimonial shall be handed
+to them and not to the worker. With consent of the local authorities of
+the district, specified in Sec. 108, the testimonial may be handed directly
+to the worker himself, even against the will of the father or guardian.
+
+
+Sec. 114.
+
+At the request of the worker the local police magistrate shall confirm
+the entries in the register and in the testimonial handed to the worker,
+free of costs and stamp duty.
+
+
+Sec. 115.
+
+Industrial employers shall be bound to reckon and pay the wages of the
+worker in coin of the realm.
+
+They shall not credit the workers with goods. But they may be permitted
+to supply the workers under their care with provisions at cost price,
+with dwellings and land at the customary local rate of rent and hire,
+with firing, lighting, board, medicines and medical assistance, also
+with tools and materials for work, at the average cost price, and to
+charge such to their account in payment of wage.
+
+Materials and tools may be supplied for contract work at a higher price,
+provided the agreement be made beforehand, and the price do not exceed
+the customary local prices.
+
+
+Sec. 115_a_.
+
+Wage payment and payments on account shall not be made in public-houses
+or beer-houses or sale-rooms, without the consent of the lower
+administrative authorities; they shall not be made to a third party on
+pretext of legal claims thereto, or on production of documents showing
+legal claims, such being legally void under Sec. 2 of the Appropriation of
+Work Wage or Service Wage Act of June 21st, 1869 (_Federal Law Gazette_,
+p. 242).
+
+
+Sec. 116.
+
+Workers whose claims have been dealt with in a manner contrary to Sec. 115
+may at any time demand payment in accordance with Sec. 115, and no
+objection shall be urged against such claim on the ground that they have
+already received something in lieu of payment. The first payment, if it
+still remains in the hands of the recipient, or if he is still deriving
+advantage therefrom, shall be handed over to the workers' provident
+fund, or, in default of such, to such other fund existing in the
+locality for the benefit of the workers, as shall be determined by the
+local authorities, or, in default of such, to the local poor fund.
+
+
+Sec. 117.
+
+Agreements made in contravention of Sec. 115 shall be void.
+
+The same shall apply also to agreements between industrial employers and
+their workpeople as to the supply of goods to the latter from certain
+shops, and to agreements as to the appropriation of the earnings of the
+latter to any other purpose than to contributing to schemes for the
+improvement of the condition of the workers or their families.
+
+
+Sec. 118.
+
+Claims for goods supplied on credit in contravention of Sec. 115, can
+neither be sued for by the creditor, nor charged to account, nor
+otherwise made good, whether the transaction was made directly between
+the parties, or indirectly. Such claims shall be appropriated to the
+funds specified in Sec. 116.
+
+
+Sec. 119.
+
+The expression "industrial employers," as used in Sec.Sec. 115 to 118,
+includes members of their families, their assistants, agents, managers,
+overseers and foremen, and other directors of industry in whose business
+any one of the persons here mentioned directly or indirectly takes part.
+
+
+Sec. 119_a_.
+
+Retentions of wage reserved by the employer of industry as security for
+compensation for loss arising from illegal dissolution of service
+relations, or as a stipulated fine imposed in such a case, shall not
+exceed a quarter of the usual wage in single wage payments, and the nett
+amount shall not exceed the amount of the average weekly wage.
+
+By statutory provision of a parish or any larger corporate union it may
+be determined for all industrial trades, or for certain kinds of the
+same:
+
+
+ 1. That wage payments and payments on account shall be made at
+ certain fixed intervals, which shall not be longer than one month,
+ and not shorter than one week;
+
+ 2. That the wage earned by workers under age shall be paid to the
+ parents or guardians, and only with their written consent or
+ voucher for the receipt of the last wage payment directly to the
+ young workers themselves;
+
+ 3. That industrial employers shall give information within certain
+ fixed periods, to the parents or guardians as to the amount of wage
+ paid to workers under age.
+
+
+Sec. 119_b_.
+
+The workers specified in Sec.Sec. 115 to 119_a_ include also such persons as
+are employed by certain specified industrial employers, outside the work
+places of the latter, in the preparation of industrial products, even if
+the raw materials and accessories are furnished by the workers
+themselves.
+
+
+Sec. 120.
+
+Employers of industry shall be bound in the case of workers under
+eighteen years of age who attend a place of instruction recognised by
+the local authorities or by the State, to grant them for such purpose
+the requisite time, to be fixed by the appointed authority. Instruction
+shall only take place on Sundays, provided that the hours of instruction
+are so fixed that the scholars may not be prevented from attending
+Divine Service or any special services appointed by the spiritual
+authorities of their respective denominations. Exceptions to this
+provision may be granted by the Central Court until October 1, 1894, in
+the case of existing educational schools, attendance at which is not
+compulsory.
+
+Educational schools, as understood by this provision, include
+establishments in which instruction is given in female handiwork and
+domestic work.
+
+By statutory provision of a parish or any larger corporate union (Sec. 142)
+obligation may be imposed on male workers under eighteen years of age to
+attend an educational school, where such obligation is not imposed by
+common law. In the same way necessary provisions may be made for the
+enforcement of such obligation. In particular, statutory provisions may
+be made to ensure the regular attendance at school of such children as
+are under the age of compulsion, and to determine the obligations of the
+parents, guardians and employers in this respect, and directions shall
+be issued for the insurance of order in the school and of the proper
+behaviour of the scholars. Such persons as attend a guild school or
+other educational or technical school, shall be released from obligation
+imposed by statutory provisions to attend an educational school, where
+such guild or other educational or technical schools are recognised by
+the higher administrative authorities as fitting substitutes for the
+instruction of the general educational schools.
+
+
+Sec. 120_a_.
+
+Employers of industry shall be bound so to arrange and maintain their
+workrooms, business plant, machines and tools, and so to regulate their
+business, that the workers may be protected against dangers to life and
+health, so far as the nature of the business may allow.
+
+In particular, attention shall be paid to the supply of sufficient
+light, a sufficient cubic space of air and ventilation, to the removal
+of all dust and dirt arising from the work, and of all smoke and gases
+developed thereby, as well as to any risks inherent in it.
+
+Also such arrangements shall be made as are necessary to protect the
+workers against dangerous contact with the machines or parts of the
+machinery, or against other dangers proceeding from the nature of the
+place of business or of the business itself, especially against danger
+arising from fire in the factory.
+
+Lastly, such orders shall be issued for the regulation of business and
+the conduct of the workers, as may be necessary to ensure freedom from
+danger in work.
+
+
+Sec. 120_b_.
+
+Employers of industry shall be bound to make such arrangements and to
+issue such orders for the conduct of the workers as may be necessary to
+ensure the maintenance of decency and good morals.
+
+In particular, separation of the sexes in their work shall be enforced
+so far as the nature of the business may permit, where the maintenance
+of good morals and decency cannot be otherwise ensured in the
+arrangement of the business.
+
+In establishments where the nature of the business renders it necessary
+for the workers to change their clothes and wash themselves after their
+work, sufficient separate rooms for dressing and washing shall be
+provided for each sex.
+
+Sufficient lavatories shall be provided for the number of the workers,
+and they shall be so arranged as to meet all requirements of health, and
+to allow of their being used without offence to decency and morality.
+
+
+Sec. 120_c_.
+
+Employers of industry employing workers under eighteen years of age
+shall be bound in the arrangement of their places of business, and in
+the regulation of their business, to take such precautions for the
+security of health and morals as may be required by the age of the
+workers.
+
+
+Sec. 120_d_.
+
+The appointed police authorities shall be empowered to issue orders for
+separate establishments for the carrying out of such measures as may
+seem necessary for the maintenance of the principles laid down in Sec.Sec.
+120_a_ to 120_c_, and such as may seem practicable according to the
+nature of the establishment. They may order that suitable rooms, heated
+during the cold season, be placed free of charge at the disposal of the
+workers, in which the meal times may be spent outside the workrooms.
+
+A sufficient delay must be granted for the carrying out of the measures
+ordered, unless they be directed to the removal of some pressing danger,
+threatening life or health.
+
+In the case of establishments already existing at the time of the
+proclamation of this Act (not including extensions and outbuildings
+since added), only such requirements shall be demanded as may seem
+necessary for the removal of grave evils endangering the life, health or
+morals of the workers, and only such as may seem practicable without
+disproportionate expense.
+
+The employer shall have right of appeal within two weeks to the higher
+administrative authorities against the order of the police magistrate;
+and within four weeks to the Central Court against the decision of the
+higher administrative authorities. The decision of the Central Court
+shall be final. If the order is contrary to the directions issued by the
+authorised trade guild for precautions against accidents, the president
+of the trade guild shall be empowered to use the afore-named remedies
+within the period granted to the employer.
+
+
+Sec. 120_e_.
+
+By decision of the Federal Council, directions may be issued, showing
+what requirements shall be sufficient in certain kinds of establishments
+for the maintenance of the principles laid down in Sec.Sec. 120_a_ to 120_c_.
+
+Where such directions are not issued by decision of the Federal Council,
+they may be issued by order of the Central Provincial Court or by police
+regulations of such courts as are empowered to issue the same. Before
+the issue of such orders and police regulations, opportunity shall be
+given to the presidents of trade guilds or of sections of trade guilds,
+to express their opinion thereon. The provisions of Sec. 79, I. of the
+Insurance against Accidents Act of July 6, 1884, do not apply to this.
+
+In the case of those industries in which the health of the workers would
+be endangered by the excessive duration of daily work, orders may be
+issued by decision of the Federal Council as to the duration, beginning
+and ending of the time permitted for daily work, and as to the intervals
+to be granted; and the necessary orders may be issued for the
+enforcement of these directions.
+
+Directions issued by decision of the Federal Council shall be published
+in the _Imperial Law Gazette_, and shall be laid before the Reichstag
+for discussion at the next session.
+
+
+II. RELATIONS OF JOURNEYMEN AND ASSISTANTS.
+
+
+Sec. 121.
+
+Journeymen and assistants shall be bound to obey the orders of the
+employer with respect to the work entrusted to them, and to comply with
+domestic arrangements; they shall not be obliged to perform domestic
+work.
+
+
+Sec. 122.
+
+Working relations between journeymen or assistants and their employers
+may be dissolved by notice given fourteen days previously by either
+party, unless agreement to the contrary has been made. If other periods
+of notice have been agreed on, they must be equal for both parties.
+Agreements made in contravention of this provision shall be void.
+
+
+Sec. 123.
+
+Journeymen and assistants may be dismissed before the expiration of the
+contract time, and without notice:
+
+
+ 1. If, in concluding the contract of work they have deceived the
+ employer by producing a false or falsified work register or
+ testimonial, or if they have deceived him as to the existence of
+ some other working relation in which they already stand;
+
+ 2. If they are guilty of theft, appropriation, embezzlement, deceit
+ or immoral living;
+
+ 3. If they have quitted work without permission, or have otherwise
+ persistently refused to fulfil the obligations imposed upon them by
+ the contract;
+
+ 4. If, in spite of warnings, they carelessly carry about fire and
+ light;
+
+ 5. If they are guilty of violence or abuse towards the employer or
+ his representatives or towards the relatives of the employer or of
+ his representatives;
+
+ 6. If they are guilty of wilful and illegal damage to the injury of
+ the employer or of a fellow-worker;
+
+ 7. If they lead or seek to lead relatives of the employer or of his
+ representatives or of their fellow-workers into illegal or immoral
+ courses, or if they unite with relatives of the employer or of his
+ representatives in committing illegal or immoral acts;
+
+ 8. If they are incapable of continuing work or are afflicted with
+ serious illness.
+
+
+In the cases mentioned under Nos. 1 to 7, dismissal shall no longer be
+permissible if the grounds thereof have been known to the employer for
+longer than one week.
+
+In the case mentioned under No. 8, it shall be determined in accordance
+with the contract and with general legal enactments, how far claims for
+compensation may be preferred by the party dismissed.
+
+
+Sec. 124.
+
+Journeymen and assistants may quit work without notice before the
+expiration of the contract time:
+
+
+ 1. If they become incapable of continuing work;
+
+ 2. If the employer or his representatives are guilty of violence
+ or abuse towards the workers or their relatives;
+
+ 3. If the employer or his representatives or their relatives lead
+ or seek to lead the workers or their relatives into illegal or
+ immoral courses, or if they unite with relatives of the workers in
+ committing illegal or immoral acts;
+
+ 4. If the employer does not pay the wage due to the workers in the
+ manner prescribed, if, under the piece-work system, he does not
+ provide them with sufficient employment, or if he is guilty of
+ illegally over-reaching them;
+
+ 5. If, by continuing the work, the life or health of the workers
+ would be exposed to a demonstrable risk which was not apparent at
+ the time of entering into the contract.
+
+
+In the cases mentioned under No. 2, quitting service without notice is
+no longer permissible if the grounds thereof have been known to the
+workers for longer than one week.
+
+
+Sec. 124_a_.
+
+Besides the cases specified in Sec.Sec. 123 and 124, each party may, in cases
+where urgent reasons exist, demand to be released from working relations
+before the expiration of the contract time and without observing the due
+period of notice, if the contract is for longer than four weeks, or if a
+longer period of notice than fourteen days has been agreed upon.
+
+
+Sec. 124_b_.
+
+If a journeyman or assistant has quitted work illegally, the employer
+may claim compensation for the day of the breach of contract and for
+each following day of the contract time or legal working time, during
+one week at most, to the amount of the local customary daily wage (Sec. 8
+of the Insurance against Sickness Act of June 15, 1883; _Imperial Law
+Gazette_, p. 73). This claim need not rest upon proof of loss. When thus
+made good, claim for fulfilment of contract and further compensation for
+loss is precluded. The journeyman or assistant shall enjoy the same
+right against the employer, if he has been dismissed before the legal
+ending of the working relations.
+
+
+Sec. 125.
+
+Any employer inducing a journeyman or assistant to quit work before the
+legal ending of working relations, shall himself be liable to the former
+employer for loss arising, or for the legal compensation claim under Sec.
+124_b_. In the same manner an employer shall be answerable if he takes
+into his employ a journeyman or assistant who to his knowledge is still
+contracted to any employer.
+
+Any employer shall also be liable under the foregoing sub-section if he
+employs a journeyman or assistant, who to his knowledge is still
+contracted to another employer, throughout the duration of such term;
+the claim expires after fourteen days from the date of the illegal
+dissolution of working relations.
+
+The persons specified in Sec. 119_b_ shall be accounted as journeymen and
+assistants as understood by the foregoing provisions.
+
+
+III. APPRENTICE RELATIONS.
+
+
+Sec. 126.
+
+The master shall be bound to instruct the apprentice in all branches of
+the work of the trade forming part of his business, in due succession
+and to the extent necessary for the complete mastery of the trade or
+handicraft. He must conduct the instruction of the apprentice himself or
+through a fit representative expressly appointed thereto. He shall not
+deprive the apprentice of the necessary time and opportunity on Sundays
+and holidays for his education and for attendance at Divine Service, by
+employing him in other kinds of service. He shall train his apprentice
+in habits of diligence and in good morals, and shall keep him from evil
+courses.
+
+
+Sec. 127.
+
+The apprentice shall be placed under the parental discipline of the
+master. He shall be bound to render obedience to the one who conducts
+his instruction in the place of the master.
+
+
+Sec. 128.
+
+Apprentice relations may be dissolved by the withdrawal of one party
+during the first four weeks after the beginning of the apprenticeship,
+unless a longer time has been agreed upon.
+
+Any agreement to fix this time of probation at longer than three months
+shall be void.
+
+After the expiration of the time of probation the apprentice may be
+dismissed before the ending of the apprenticeship agreed upon, if any
+one of the cases provided for in Sec. 123 applies to him.
+
+On the part of the apprentice, relations may be dissolved at the
+expiration of the time of probation:
+
+
+ 1. If any one of the cases provided for in Sec. 124 under nos. 1, 3 to
+ 5 occurs;
+
+ 2. If the master neglects his legal obligations towards the
+ apprentice in a manner endangering the health, morals or education
+ of the apprentice, or if he abuses his right of parental
+ discipline, or becomes incapable of fulfilling the obligations
+ imposed upon him by the contract.
+
+
+The contract of apprenticeship shall be dissolved by the death of the
+apprentice. The contract of apprenticeship shall be dissolved by the
+death of the master if the claim is made within four weeks.
+
+Written contracts of apprenticeship shall be free of stamp duty.
+
+
+Sec. 129.
+
+At the termination of apprentice relations, the master shall deliver to
+the apprentice a testimonial stating the trade in which the apprentice
+has been instructed, the duration of the apprenticeship, the knowledge
+and skill acquired during that time, and also the conduct of the
+apprentice. This testimonial shall be certified by the borough
+magistrate free of costs and stamp duty.
+
+In cases where there are guilds or other industrial representative
+bodies, letters or certificates from these may supply the place of such
+testimonials.
+
+
+Sec. 130.
+
+If the apprentice quits his instruction under circumstances not provided
+for in this Act, without consent of his master, the latter can only make
+good his claim for the return of the apprentice, if the contract of
+apprenticeship has been drawn up in writing. In such case the police
+magistrate may, on application of the master, oblige the apprentice to
+remain under instruction so long as apprentice relations are declared by
+judicial ruling to be still undissolved.
+
+Application is only admissible if made within one week after the
+departure of the apprentice. In case of refusal, the police magistrate
+may cause the apprentice to be taken back by force, or he may compel him
+to return under pain of a fine, to the amount of fifty marks, or
+detention for five days.
+
+
+Sec. 131.
+
+If the parent or guardian acting for the apprentice, or if the
+apprentice himself, being of age, shall deliver a written declaration
+to the master, that the apprentice wishes to enter into some other
+industry or some other calling, apprentice relations shall cease after
+the expiration of four weeks, if the apprentice is not allowed to leave
+earlier. The grounds of the dissolution must be notified in the work
+register by the master.
+
+The apprentice shall not be employed in the same trade by another
+employer, without consent of the former master, within nine months after
+such dissolution of apprentice relations.
+
+
+Sec. 132.
+
+If apprentice relations are severed by either party, before the
+appointed time, the other party can claim compensation only if the
+contract has been made in writing. In the cases referred to in Sec. 128, 1,
+4, the claim will only hold if the kind and degree of compensation has
+been specified beforehand, in the contract.
+
+The claim is void unless made within four weeks of the dissolution of
+apprentice relations.
+
+
+Sec. 133.
+
+If apprentice relations are dissolved by the master, because the
+apprentice has quitted his work without permission, the compensation
+claimed by the master shall, unless some other agreement have been made
+in the contract, be fixed at a sum amounting for every day succeeding
+the day of breach of contract, up to a limit of six months, to the half
+of the customary local wage paid to journeymen and assistants in the
+trade of the master.
+
+The father of the apprentice shall be liable for the payment of
+compensation, also any employer who has induced the apprentice to quit
+his apprenticeship, or who has received him into his employ, although
+knowing him to be still under obligation to continue in apprentice
+relations to another employer. If the one who is entitled to
+compensation has not received information till after the dissolution of
+apprentice relations, as to the employer who has induced the apprentice
+to quit his work, or who has taken him into his employ, claim for
+compensation against the latter shall expire if not preferred within
+four weeks after such information has been received.
+
+
+IIIA. RELATIONS OF BUSINESS MANAGERS, FOREMEN, SKILLED TECHNICAL
+WORKERS.
+
+
+Sec. 133_a_.
+
+The service relations of such persons, as are employed by directors of
+industry for certain defined purposes, and are charged, not merely
+temporarily, with the conduct and supervision of the business, or of a
+department of the business (business managers, foremen, etc.), or are
+entrusted with the higher kinds of technical service work (experts in
+machinery, mechanical engineers, chemists, draughtsmen, and the like),
+may, if not otherwise agreed, be broken off by either party at the
+expiration of any quarter of the calendar year, after notice has been
+given six weeks previously.
+
+
+Sec. 133_b_.
+
+Either party may, before the expiration of the contract time, demand
+dissolution of service relations without observing the due period of
+notice, provided sufficiently important reasons exist to justify the
+dissolution under the circumstances.
+
+
+Sec. 133_c_.
+
+Dissolution of service relations may be demanded, in particular, of the
+persons specified in Sec. 133_a_.
+
+
+ 1. If at the time of concluding the contract, they have deceived
+ the employer by presenting false or falsified testimonials, or if
+ they have deceived him as to the existence of another service
+ relation, to which they were simultaneously bound;
+
+ 2. If they are unfaithful in service or if they abuse confidence;
+
+ 3. If they quit service without permission, or persistently refuse
+ to fulfil the obligations imposed upon them by the service
+ contract;
+
+ 4. If they are hindered in the performance of service by protracted
+ illness, or by long detention or absence;
+
+ 5. If they are guilty of violence or insult towards the employer or
+ his representatives;
+
+ 6. If they pursue an immoral course of life.
+
+
+In the case of No. 4, the worker's claim for the fulfilment of contract,
+by the employer, shall remain in force for six weeks, if the performance
+of service has been hindered by some unavoidable misfortune; but in such
+cases the claim shall be limited to the amount that is legally due to
+the claimant as insurance against sickness or accident.
+
+
+Sec. 133_d_.
+
+The persons specified in Sec. 133_a_ may demand dissolution of service
+relations, in particular:
+
+
+ 1. If the employer or his representatives are guilty of violence or
+ insult towards them;
+
+ 2. If the employer does not provide the work agreed upon in the
+ contract;
+
+ 3. If, by the continuance of service relations, their life or
+ health would be exposed to demonstrable danger, which was not
+ apparent at the time of entering into service-relations.
+
+
+Sec. 133_e_.
+
+The provisions of Sec.Sec. 124_b_ and 125 shall apply to the persons specified
+in Sec. 133_a_, but not the provisions of Sec. 119_a_.
+
+
+IV. RELATIONS OF FACTORY WORKERS.
+
+
+Sec. 134.
+
+The provisions of Sec.Sec. 121 to 125 shall apply to factory workers; if the
+factory workers are apprentices, the provisions of Sec.Sec. 126 to 133 shall
+apply to them.
+
+Owners of factories in which, as a rule, at least twenty workers are
+employed, shall be prohibited, in the case of illegal dissolution of
+working relations by the worker, from exacting forfeiture or withholding
+wage beyond the amount of the average weekly wage. The provisions of Sec.
+124_b_ shall not apply to employers and workers in such factories.
+
+
+Sec. 134_a_.
+
+In every factory in which, as a rule, at least twenty workers are
+employed, _working rules_ shall be issued within four weeks after this
+Act comes into force, or after the opening of the business. Special
+working rules may be issued for separate departments of the business, or
+separate groups of workers. The rules must be posted up (Sec. 134_e_ [2]).
+
+In the working rules must be set forth the time at which they are to
+come into operation and the date of issue. They must bear the signature
+of the person by whom they are issued.
+
+Alterations in the contents can only be made by the issue of
+supplements, or by the issue of new working rules in the place of the
+existing rules.
+
+Working rules, and supplement to the same, shall come into operation at
+the earliest, two weeks after issue.
+
+
+Sec. 134_b_.
+
+Working rules shall contain directions:
+
+
+ 1. As to the beginning and end of the time of daily work, also as
+ to the intervals provided for adult workers;
+
+ 2. As to the time and manner of computing and paying wage;
+
+ 3. Where legal provisions are insufficient, as to the period of
+ notice due, also as to the grounds on which dismissal from work and
+ quitting work is permissible without notice;
+
+ 4. Where fines are enforced, as to the kind and amount thereof, the
+ method of determining them, and, if they consist in money, as to
+ the manner of collecting them, and the purpose to which they shall
+ be appropriated.
+
+ 5. Where forfeiture of wage is exacted in accordance with the
+ provisions of Sec. 134 (2), by the working rules or by the working
+ contract, as to the appropriation of the proceeds.
+
+
+Punishments destructive of self-respect, or dangerous to morals, shall
+not be admitted in the working rules. Money fines shall not exceed the
+half of the average daily wage, except in cases of violence towards
+fellow-workers, grave offences against morality, and contempt of
+directions issued for the maintenance of order in the business, for
+security against dangers incidental to it, or for carrying out the
+provisions of the Industrial Code, where money fines to the full amount
+of the average daily wage may be imposed. All fines shall be devoted to
+the benefit of the workers in the factory. The right of the employer to
+claim compensation for damage is not affected by this provision.
+
+It shall be left to the owner of the factory to insert in the working
+rules, together with the provisions of sub-section (1) from 1 to 5,
+further provisions for the regulation of the business and the conduct of
+the workers employed in it. With the consent of the standing committee
+of workers, directions may be inserted in the working rules, as to the
+conduct of the workers in the use of arrangements, provided for their
+benefit in the factory, also directions as to the conduct of workers
+under age, outside the factory.
+
+
+Sec. 134_c_.
+
+The contents of the working rules shall be, unless contrary to law,
+legally binding on employers and workers.
+
+No grounds shall be agreed upon in the contract of work, for dismissal
+from work, other than those laid down in the working rules or in Sec.Sec. 123
+or 124.
+
+No fines shall be imposed on the workers other than those laid down in
+the working rules. Fines must be fixed without delay, and information
+thereof must be given to the worker.
+
+The money fines imposed shall be entered in a register which shall set
+forth the name of the offender, the day of imposition, the grounds, and
+the amount of the fine, and this register shall be produced for
+inspection at any time, at the request of the officer specified in Sec.
+139_b_.
+
+
+Sec. 134_d_.
+
+Before the issue of working rules, or of supplements to the same,
+opportunity shall be given to the workers of full age, employed in the
+factory or in the departments of the business, to which the rules in
+question apply, to express their opinion on the contents of the same.
+
+In factories in which there is a standing committee of workers the
+requirements of this provision shall be satisfied by granting a hearing
+to the committee, on the contents of the working rules.
+
+
+Sec. 134_e_.
+
+The working rules and any supplement to the same shall, on communication
+of opinions expressed by the workers, provided such expression be given
+in writing or in the form of protocols, be laid before the lower court
+of administration in duplicate, within three days after the issue,
+accompanied by a declaration showing that, and in what manner the
+requirements of the enactment of Sec. 134_d_ have been satisfied.
+
+The working rules shall be posted up in a specially appointed place,
+accessible to all the workers to whom they apply. The placard must
+always be kept in a legible condition. A copy of the working rules shall
+be handed to every worker upon his entrance into employment.
+
+
+Sec. 134_f_.
+
+Working rules or supplements to the same, which are not issued in
+accordance with these enactments, or the contents of which are contrary
+to legal provisions, shall be replaced by legal working rules, or shall
+be altered in accordance with legal enactment, by order of the lower
+court of administration.
+
+Appeal against this order may be lodged within two weeks, with the
+higher court of administration.
+
+
+Sec. 134_g_.
+
+Working rules issued before this Act comes into force, shall be subject
+to the provisions of Sec.Sec. 134_a_ to 134_c_, 134_e_ (2), 134_f_, and shall
+be laid before the lower court of administration in duplicate, within
+four weeks.
+
+Sections 134_d_ and 134_e_ (1) shall not apply to later alterations of
+such working rules, or to working rules issued for the first time, since
+January 1st, 1891.
+
+
+Sec. 134_h_.
+
+The expression "standing committees of workers," as understood by Sec.Sec.
+134_b_ (3), and 134_d_, includes only:
+
+
+ 1. The managing committee of the sick-clubs of the business
+ (factory), or of other clubs existing in the factory, for the
+ benefit of the workers, the majority of the members of which are
+ elected by the workers out of their midst--where such exist as
+ standing committees of workers;
+
+ 2. The eldest journeymen of such journeymen's unions as include the
+ business of any employers not subject to the provisions of the
+ Mining Acts--where such exist as standing committees of workers;
+
+ 3. Standing committees of workers, formed before Jan. 1st, 1891,
+ the majority of the members of which are elected by the workers out
+ of their midst;
+
+ 4. Representative bodies, the majority of the members of which are
+ elected out of their midst by direct ballot voting of the workers
+ of full age in the factory, or in the departments of the business
+ concerned. The choice of representatives may be made according to
+ classes of workers or special departments of the business.
+
+
+Sec. 135.
+
+Children under 13 years of age cannot be employed in factories. Children
+above 13 years of age can only be employed in factories if they are no
+longer required to attend the elementary schools.
+
+The employment of children under 14 years of age must not exceed 6 hours
+a day.
+
+Young persons between 14 and 16 years of age must not be employed in
+factories for more than 10 hours a day.
+
+
+Sec. 136.
+
+Young workers (Sec. 135) shall not begin work before 5.30 in the morning,
+or end it later than 8.30 in the evening.
+
+On every working day regular intervals must be granted, between the
+hours of work. For children who are only employed for six hours daily,
+the interval must amount to half an hour at least. An interval of at
+least half an hour at mid-day, and half an hour in the forenoon and
+afternoon must be given to other young workers.
+
+During the intervals, employment of young workers in the business of the
+factory shall be entirely prohibited, and their retention in the work
+rooms shall only be permitted, if the part of the business in which the
+young workers are employed is completely suspended in the work rooms
+during the time of the interval, or if their stay in the open air is not
+practicable, and if other special rooms cannot be procured without
+disproportionate difficulties.
+
+Young workers shall not be employed on Sundays and festivals, nor during
+the hours appointed for regular spiritual duties, instruction in the
+catechism, preparation for confession and communion, by the authorized
+priest or pastor of the community.
+
+
+Sec. 137.
+
+Girls and women cannot be employed in factories during the night,
+between the hours of 8.30 p.m. and 5.30 a.m., and must be free on
+Saturdays and on the eves of festivals by 5.30 p.m. The employment of
+women workers over 16 years of age must not exceed 11 hours a day, and
+on Saturdays and the eve of festivals must not exceed 10 hours.
+
+An interval between the hours of work of at least one hour at mid-day
+must be allowed to women workers.
+
+Women workers over 16 years of age, who manage a household, shall at
+their request be set free half an hour before the mid-day interval,
+except in cases where this amounts to at least one and a half hours.
+
+Women after childbirth can in no case be admitted to work until fully
+four weeks after delivery, and in the following two weeks only if they
+are declared to be fit for work by a duly authorized physician.
+
+
+Sec. 138.
+
+The owners of factories, in which it is intended to employ women or
+young persons, must make a written announcement of the fact to the local
+police authorities before such employment commences.
+
+The notice shall set forth the name of the factory, the days of the week
+on which employment is to take place, the beginning and end of the time
+of work, and the intervals granted, also the kind of employment.
+
+No alteration can be made except such delays as are temporarily
+necessitated by the replacement of absent workers in separate shifts of
+work, before notice thereof has been given to the magistrate. In every
+factory the employer shall, in the workrooms in which young workers are
+employed, provide a register of young workers to be posted up in some
+conspicuous place; the same shall contain information as to days of
+work, beginning and end of time of work, and intervals allowed.
+
+He shall likewise provide in such workrooms a notice board, on which
+shall be posted up, in plain writing, an extract, to be determined by
+the Central Court, from the provisions for the employment of women and
+young workers.
+
+
+Sec. 138_a_.
+
+In case of unusual pressure of work, the lower court of administration
+shall be empowered, on application of the employer, to permit for a
+fortnight at a time, the employment of women workers over 16 years of
+age up to 10 o'clock in the evening (except on Saturdays), provided that
+their daily working time does not exceed 13 hours.
+
+Such extension cannot be allowed to the employer during more than 40
+days in any one year.
+
+Further extension beyond the two weeks, or for more than forty days in
+the year, can only be granted by the higher court of administration,
+and by it, only on condition that in the business or in the department
+of business in question, the total average number of hours per day,
+calculated over the whole year does not exceed the legal limit.
+
+Application shall be made in writing, and must set forth the grounds on
+which such extension is requested, the number of women workers affected,
+the amount of employment, and the length of time required.
+
+The decision of the lower court of administration on the application
+shall be given in writing within three days. Appeal against refusal of
+permission may be lodged with the superior court.
+
+In cases where the extension is granted the lower court of
+administration shall draw up a schedule, in which shall be entered the
+name of the employer, and a copy of the statements contained in the
+written application.
+
+The lower court of administration may permit the employment of such
+women workers being over 16 years of age, as have not the care of a
+household, and do not attend an educational school, in the kinds of work
+specified in Sec. 105 (1), 2 and 3, on Saturdays and the eve of festivals,
+after 5.30 p.m., but not after 8.30 p.m.
+
+The permit shall be in writing, and shall be kept by the employer.
+
+
+Sec. 139.
+
+If natural causes or accidents shall have interrupted the business of a
+factory, exceptions to the restrictions laid down in Sec.Sec. 135 (2), (3),
+136, 137 (1) to (3), may be granted by the higher court of
+administration, for a period of four weeks, and for a longer time by the
+Imperial Chancellor. In urgent cases of such a kind, and also where
+necessary, in order to guard against accidents, exceptions may be
+granted by the lower court of administration, but only for a period of
+fourteen days.
+
+If the nature of the business, or special considerations attaching to
+workers in particular factories, seem to render it desirable that the
+working time of women and young workers should be regulated otherwise
+than as laid down by Sec.Sec. 136 and 137 (1), (3), special regulations may be
+permitted on application, by the higher court of administration, in the
+matter of intervals, in other matters by the Imperial Chancellor. But in
+such cases young workers shall not be employed for longer than six
+hours, unless intervals are granted between the hours of work, of an
+aggregate duration of at least one hour.
+
+Orders issued in accordance with the foregoing provisions shall be in
+writing.
+
+
+Sec. 139_a_.
+
+The Bundesrath (Federal Council) shall be empowered:
+
+
+ 1. To entirely prohibit or to attach certain conditions to the
+ employment of women and of young workers in certain branches of
+ manufacture which involve special dangers to health or morality;
+
+ 2. To grant exceptions to the provisions of Sec.Sec. 135 (2) and (3),
+ 136, 137 (1) to (3), in the case of factories requiring
+ uninterrupted use of fire, or in which for other reasons, the
+ nature of the business necessitates regular day and night work,
+ also in the case of factories, a part of the business of which does
+ not admit of regular shifts of equal duration, or is from its
+ nature restricted to certain seasons;
+
+ 3. To prevent the shortening or the omission of the intervals
+ prescribed for young workers, in certain branches of manufacture,
+ where the nature of the business, or consideration for the workers
+ may seem to render it desirable;
+
+ 4. To grant exceptions to the provisions of Sec. 134 (1) and (2), in
+ certain branches of manufacture in which pressure of business
+ occurs regularly at certain times of the year, on condition that
+ the daily working time does not exceed 13 hours, and on Saturday 10
+ hours.
+
+
+In the cases under No. 2, the duration of weekly working time shall not
+exceed 36 hours for children, 60 hours for young persons, 65 hours for
+women workers, and 70 hours for young persons and women in brick and
+tile kilns.
+
+Night work shall not exceed in duration 10 hours in 24, and in every
+shift one or more intervals, of an aggregate duration of at least one
+hour, shall be granted.
+
+In the cases under No. 4, permission for overtime work for more than 40
+days in the year may only be granted, on condition that the working time
+is so regulated that the average daily duration of working days does not
+exceed the regular legal working time.
+
+The provisions laid down by decision of the Bundesrath (Federal Council)
+shall be limited as to time, and shall also be issued for certain
+specified districts. They shall be published in the _Imperial Law
+Gazette_, and shall be laid before the Reichstag at its next session.
+
+
+V. SUPERVISION.
+
+
+Sec. 139_b_.
+
+The supervision and enforcement of the provisions of Sec.Sec. 105_b_ (1),
+105_c_ to 105_h_, 120_a_ to 120_e_, 134 to 139_a_, shall be entrusted
+exclusively to the ordinary police magistrates, or, together with them,
+to officials specially appointed thereto by the provincial governments.
+In the exercise of such supervision the local police magistrates shall
+be empowered with all official authority, especially with the right of
+inspection of establishments at any time. They shall be bound to observe
+secrecy (except in exposing illegalities) as to their official knowledge
+of the business affairs of the establishments submitted to their
+inspection.
+
+The settlement of relations of competence between these officials and
+the ordinary police magistrates, shall be subject to the constitutional
+regulation of the separate States of the Bund.
+
+The officials mentioned shall publish annual reports of their official
+acts. These annual reports or extracts from the same, shall be laid
+before the Bundesrath and the Reichstag.
+
+Employers must at any time during the hours of business, especially at
+night, permit official inspection to be carried out in accordance with
+the provisions of Sec.Sec. 105_a_ to 105_h_, 120_a_ to 120_e_, 134 to 139_a_.
+
+Employers shall further be bound to impart to the officials appointed or
+to the police magistrate, such statistical information as to the
+relations of their workers, as may be prescribed by the Bundesrath or
+the Central Provincial Court, with due observance of the terms and forms
+prescribed.
+
+
+_Article IV._
+
+Chapter IX. of the Industrial Code shall contain the following clauses:
+
+
+CHAPTER IX.
+
+STATUTORY PROVISIONS.
+
+
+Sec. 142.
+
+Statutory provisions of a borough or wider communal union shall be
+binding in regard to all those industrial matters with which the law
+empowers them to deal. After they have been considered by the directors
+of industry and the workers concerned, the statutory provisions must
+receive the assent of the higher court of administration, and shall
+then be published in some form prescribed by the parish or wider
+communal union, or in the usual form.
+
+The Central Court shall be empowered to annul statutory provisions which
+are contrary to law or to the statutory provisions of a wider communal
+union.
+
+
+_Article V._
+
+Sub-section 2 of Sec. 93_a_ (2_b_) shall contain the following clause:
+
+
+ _b._ The supervision by the union of the observation of the
+ provisions laid down in Sec.Sec. 41_a_, 105_a_ to 105_g_, 120 to 120_e_,
+ 126, 127.
+
+
+_Article VI._
+
+The penal provisions of Chapter X. of the Industrial Code shall be
+altered as follows:
+
+
+1. Section 146, (1) 1, 2, and 3, shall contain the following clauses:
+
+
+ 1. Directors of industry, acting in contravention of Sec. 115;
+
+ 2. Directors of industry, acting in contravention of Sec.Sec. 135, 136,
+ 137, or of orders issued on the grounds of Sec.Sec. 139 to 139_a_;
+
+ 3. Directors of industry, acting in contravention of Sec.Sec. 111 (3) and
+ 113 (3);
+
+
+2. The following sub-section shall be added to Sec. 146:
+
+
+ Section 75 of the Constitution of Justice Act shall apply here.
+
+
+3. After Sec. 146 shall be inserted:
+
+
+Sec. 146_a_.
+
+Any person who gives employment to workers on Sundays and festivals, in
+contravention of Sec.Sec. 105_b_ to 105_g_, or of the orders issued on the
+grounds thereof, or any person who acts in contravention of Sec.Sec. 41_a_
+and 55_a_, or of the statutory provisions laid down on the grounds of Sec.
+105 (2) shall be punished with a money fine to the amount of 600 marks,
+or in default of the same, with imprisonment.
+
+
+4. Section 147 (1) 4 shall contain the following clause:
+
+
+ 4. Any person who acts in contravention of the final orders issued
+ on the grounds of Sec. 120_d_, or of enactments issued on the grounds
+ of Sec. 120_e_;
+
+
+5. After Sec. 147 (1) 4, shall be inserted:
+
+
+ 5. Any person who conducts a factory, in which there are no working
+ rules, or who neglects to obey the final order of the court as to
+ the substitution or alteration of the working rules.
+
+
+6. Section 147 shall contain at the close the following new sub-section.
+
+
+ In the case of No. 4, the police magistrate may, pending the
+ settlement of affairs by order or enactment, order suspension of
+ the business, in case the continuance of the same would be likely
+ to entail serious disadvantages or dangers.
+
+
+7. Section 148 shall contain the following extensions:
+
+
+ 11. Any person who, contrary to the provision of Sec. 134_c_ (2),
+ imposes such fines on the workers as are not prescribed in the
+ working rules, or such as exceed the legally permissible amount, or
+ any person who appropriates the proceeds of fines or the sums
+ specified in Sec. 134_b_ 5, in a manner not prescribed in the working
+ rules;
+
+ 12. Any person who neglects to fulfil the obligations imposed upon
+ him by Sec.Sec. 134_e_ (1), and 134_g_;
+
+ 13. Any person who acts in contravention of Sec. 115_a_, or of the
+ statutory provisions laid down on the grounds of Sec. 119_a_.
+
+
+8. Section 149 (1) 7 shall contain the following clause:
+
+
+ 7. Any person who neglects to fulfil the obligations imposed upon
+ him by Sec.Sec. 105_c_ (2), 134_e_ (2), 138, 138_a_ (5), 139_b_;
+
+
+9. Section 150(2) shall contain the following clause:
+
+
+ 2. Any person who, except in the case prescribed in Sec. 146 (3), acts
+ in contravention of the provisions of this Act with respect to the
+ work register;
+
+
+10. Section 150 shall contain the following extensions:
+
+
+ 4. Any person who acts in contravention of the provisions of Sec. 120
+ (1), or of the statutory provisions laid down in accordance with Sec.
+ 120 (3);
+
+ 5. Any person who neglects to fulfil the obligations imposed upon
+ him by Sec. 134_c_ (3).
+
+
+Common law enactments against neglect of school duties, on which a
+higher fine is imposed, shall not be affected by the provision of No. 4.
+
+
+11. Section 151 (1) shall contain the following clause:
+
+
+ If in the exercise of a trade, police orders are infringed by
+ persons appointed by the director of the industrial enterprise, to
+ conduct the business or a department of the same, or to superintend
+ the same, the fine shall be imposed upon the latter. The director
+ of the industrial enterprise shall likewise be liable to a fine if
+ the infringement has taken place with his knowledge, or if he has
+ neglected to take the necessary care in providing for suitable
+ inspection of the business, or in choosing and supervising the
+ manager or overseers.
+
+
+_Article VII._
+
+The following provisions shall be substituted for Sec. 154 of the
+Industrial Code:
+
+
+Sec. 154.
+
+The provisions of Sec.Sec. 105 to 133_c_ shall not apply to assistants and
+apprentices in the business of apothecaries; the provisions of Sec.Sec. 105,
+106 to 119_b_, 120_a_ to 133_e_, shall not apply to assistants and
+apprentices in trading business.
+
+--The provisions of Sec.Sec. 105 to 133_e_ shall apply to employers and
+workers in smelting-houses, timber-yards, and other building yards, in
+dockyards, and in such brick and tile kilns, and such mines and quarries
+worked above ground, as are not merely temporary, or on a small scale.
+The final decision as to whether the establishment is to be accounted as
+temporary, or on a small scale, shall rest with the higher court of
+administration.
+
+--The provisions of Sec.Sec. 135 to 139_b_ shall apply to employers and
+workers in workshops, in which power machinery (worked by steam, wind,
+water, gas, air, electricity, etc.), is employed, not merely
+temporarily, with the provision that in certain kinds of businesses the
+Bundesrath may remit exceptions to the provisions laid down in Sec.Sec. 135
+(2), (3), 136, 137 (1) to (3), and 138.
+
+--The provisions of Sec.Sec. 135 to 139_b_ may be extended by Imperial decree,
+with consent of the Bundesrath, to other workshops and building work.
+Workshops in which the employers are exclusively members of the family
+of the employer, do not come under these provisions.
+
+Imperial decrees and provisions for exceptions issued by the Bundesrath,
+may be issued for certain specified districts. They shall be published
+in the _Imperial Law Gazette_, and laid before the Reichstag at the next
+ensuing session.
+
+
+Sec. 154_a_.
+
+The provisions of Sec.Sec. 115 to 119_a_, 135 to 139_b_, 152 and 153 shall
+apply to owners and workers in mines, salt pits, the preparatory work of
+mining, and underground mines and quarries.
+
+--Women workers shall not be employed underground in establishments of
+the aforementioned kind. Infringements of this enactment shall be dealt
+with under the penal provisions of Sec. 146.
+
+
+_Article VIII._
+
+Section 155 of the Industrial Code shall contain the following clauses.
+
+--Where reference is made in this Act to common law, constitutional or
+legislative enactments are to be understood.
+
+The Central Court of the State of the Bund shall make known what courts
+in each State of the Bund are to be understood by the expressions:
+higher court of administration, lower court of administration, borough
+court, local court, lower court, police court, local police court, and
+what unions are to be understood by the expression, wider communal
+unions.
+
+--For such businesses as are subject to Imperial and State
+administration, the powers and obligations conferred upon the police
+courts, and higher and lower courts of administration, by Sec.Sec. 105_b_ (2),
+105_c_ (2), 105_e_, 105_f_, 115_a_, 120_d_, 134_e_, 134_f_, 134_g_, 138
+(1), 138_a_, 139, 139_b_, may be transferred to special courts appointed
+for the administration of such businesses.
+
+
+_Article IX._
+
+The date on which the provisions of Sec.Sec. 41_a_, 55_a_, 105_a_ to 105_f_,
+105_h_, 105_i_ and 154 (3) shall come into force, shall be determined by
+Imperial decree with consent of the Bundesrath. Until such time the
+legal provisions hitherto obtaining shall remain in force.
+
+The provisions of Sec.Sec. 120 and 150, 4 shall come into force on Oct. 1,
+1891.
+
+--The rest of this Act shall come into force on April 1, 1892.
+
+--The legal provisions hitherto obtaining shall remain in force until
+April 1, 1894, in the case of such children from 12 to 14 years of age,
+and young persons between 14 and 16 years of age, as were employed,
+previous to the proclamation of this Act, in factories or in the
+Industrial establishments specified in Sec.Sec. 154 (2) to (4), and 154_a_.
+
+--In the case of businesses in which, previous to the proclamation of
+this Act, women workers over 16 years of age, were employed in night
+work, the Central Provincial Court may empower the further employment in
+night work of such women workers, in the same numbers as hitherto, until
+April 1, 1894, at the latest, if in consequence of suspension of night
+work, the continuation of the business to its former extent would
+involve an alteration which could not be made sooner without
+disproportionate expense. Night work shall not exceed in duration 10
+hours in the 24, and in every shift intervals must be granted of an
+aggregate duration of at least one hour. Day and night shifts must
+alternate weekly.
+
+
+Delivered under our Imperial hand and seal.
+
+Given at Kiel, on board my yacht _Meteor_, June 1, 1891.
+
+WILLIAM.
+VON CAPRIVI.
+
+
+Butler & Tanner, The Selwood Printing Works, Frome, and London.
+
+
+
+
+
+End of the Project Gutenberg EBook of The Theory and Policy of Labour
+Protection, by Albert Eberhard Friedrich Schaeffle
+
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