Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Beginning in 1890 we find most of the statutes concern the
counterfeiting of union labels, arbitration laws, hours of labor in
State employments, weekly payment laws, the preference of debts for
labor in cases of insolvency, the prohibition of railroad relief
funds, the hours of women and children in factories, seats for women
in shops, the restriction of prison labor, dangerous machinery
in factories, protection in mines, and the incorporation of
trades-unions. Mechanics' lien laws are passed in large quantities
every year and are the subject of endless amendment. We will,
therefore, leave this out for the rest of our discussion as after all
affecting only the owners of real estate.
In 1891 we find more laws regulating or limiting the hours of labor
of women and children, prohibiting it entirely in mines; several
anti-truck laws; two laws against the screening of coal before the
miner is paid, and in Massachusetts, laws against imposing fines
for imperfect weaving and deducting the fine from the wages paid.
Pennsylvania thinks it necessary to enact by statute that a strike
is lawful when the wages are insufficient or it is contrary to union
rules to work, which latter part is clearly unconstitutional. There is
one statute against boycotting and three against blacklisting.
In 1892 there are more laws limiting the hours of labor of women and
children to fifty-eight, or in New Jersey, fifty-five, hours a week;
laws against weavers' fines, and restricting the continuous hours of
railway men. The sweat-shop acts first appear in this year, and the
statutes forbidding the discharge of men for belonging to a union or
making a condition of their employment that they do not belong to one.
In 1893 the laws establishing State bureaus of labor become numerous.
Four more States adopt sweat-shop laws, and there is further
regulation of child labor. Six States adopt statutes against
blacklisting.
In 1894, being the year after the panic, labor legislation is largely
arrested. New York adopts the statute, afterward held constitutional,
requiring that only citizens of the United States should be employed
on public works, and statutes begin to appear to provide for the
unemployed. There is legislation also against intimidation by unions,
against blacklisting, and against convict-made goods.
In 1895 there is still less legislation; only a statute for State
arbitration, against payment of wages in store orders, against
discrimination against unions, and for factory legislation may be
noted.
In 1896 there are a few statutes for State arbitration and weekly
payment, for regulating the doctrine of fellow servants, and some
legislation concerning factories and sweat-shops.
Public-domain text, read in full here on John Shaqi.
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