Still another advantage is the legal protection offered domestic employees, although as Mr. James Schouler well says, the relation of master and servant is in theory hostile to the genius of free institutions, since it bears the marks of social caste. “It may be pronounced as a relation of more general importance in ancient than in modern times and better applicable at this day to English than to American society.”[251] But technically, the relation according to Chancellor Kent is a legal status resting entirely on contract. One agrees to work and the other to pay, but both are on an equality as far as rights are concerned.[252] The legal rights accorded a servant are freedom from physical punishment,[253] proper food and support in illness or disability during the time of employment,[254] the right to the enjoyment of a good character—provided she has one—and the law presumes she has it until the contrary appears,[255] wages, if the servant has performed his part of the contract,[256] and damages in case of discharge before the expiration of the contract.[257] These advantages which domestic service as an occupation has over most other employments are patent. They would be recognized by all, whether domestic employees or not, as the accompaniments of the service as it exists under reasonably favorable conditions. They are advantages which, with the exception of the home privileges, are independent of the personal character and disposition of employers. They are apparently inherent in the occupation, as much to be expected as are free Sundays and evenings after six o’clock in mills and factories. They are the inducements which, when a choice has been possible, have led intelligent women to become household employees. They are the advantages that have been repeatedly set forth by the press and the pulpit to sewing-women and shop-girls working at the starvation limit of wages in large cities to induce them to better their condition. Unquestionably many such women would be far better off than they are now if they were in comfortable domestic service. It has been said by the head of one of our great labor bureaus that all questions concerning wage-earning women resolve themselves into those of “wages, hours, health, and morals,” and domestic service conforms to all the requirements that could be demanded under these four heads, with the possible exception of hours under unfavorable conditions. But, notwithstanding these advantages, women in cities still prefer sewing, country girls drift into mills and factories, teachers’ agencies are crowded with applicants who can never secure a position and could not fill one if obtained; there must be something else involved in the question besides the matter of “wages, hours, health, and morals.” CHAPTER VIII THE INDUSTRIAL DISADVANTAGES OF DOMESTIC SERVICE