A History of Trade Unionism in the United StatesPerlman, Selig
History
A History of Trade Unionism in the United States
Perlman, Selig
Labor unions -- United States -- History
The expectations of the workingmen that the Federal law would blaze the
way for the eight-hour system in private employment failed to
materialize. The depression during the seventies took up all the impetus
in that direction which the law may have generated. Even as far as
government work is concerned forty years had to elapse before its
application could be rounded out by extending it to contract work done
for the government by private employers.
We have dealt at length with this subject because it marked an important
landmark. It demonstrated to the wage earners that, provided they
concentrated on a modest object and kept up a steady pressure, their
prospects for success were not entirely hopeless, hard as the road may
seem to travel. The other and far more ambitious object of the
workingman of the sixties, that of enacting general eight-hour laws in
the several States, at first appeared to be within easy reach--so
yielding political parties and State legislatures seemed to be to the
demands of the organized workmen. Yet before long these successes proved
to be entirely illusory.
The year 1867 was the banner year for such State legislation. Eight-hour
laws were passed in Illinois, Wisconsin, Connecticut, Missouri, and New
York. California passed such a law in 1868. In Pennsylvania, Michigan,
Maryland, and Minnesota bills were introduced but were defeated. Two
common features characterized these laws, whether enacted or merely
proposed to the legislatures. There were none which did not permit of
longer hours than those named in the law, provided they were so
specified in the contract. A contract requiring ten or more hours a day
was perfectly legal. The eight-hour day was the legal day only "when the
contract was silent on the subject or where there is no express contract
to the contrary," as stated in the Wisconsin law. But the greatest
weakness was a lack of a provision for enforcement. New York's
experience is typical and characteristic. When the workingmen appealed
to Governor Fenton to enforce the law, he replied that the act had
received his official signature and he felt that it "would be an
unwarrantable assumption" on his part to take any step requiring its
enforcement. "Every law," he said, "was obligatory by its own nature,
and could derive no additional force from any further act of his."
In Massachusetts, however, the workingmen succeeded after hard and
protracted labor in obtaining an enforceable ten-hour law for women--the
first effective law of its kind passed in any American State. This law,
which was passed in 1874, provides that "no minor under the age of
eighteen years, and no woman over that age" shall be employed more than
ten hours in one day or sixty hours in any one week in any manufacturing
establishment in the State. The penalty for each violation was fixed at
fifty dollars.
Public-domain text, read in full here on John Shaqi.
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