THE MACMILLAN COMPANY NEW YORK BOSTON CHICAGO MACMILLAN & CO., LIMITED LONDON BOMBAY CALCUTTA MELBOURNE THE MACMILLAN CO. OF CANADA, LTD. TORONTO OF THE EMPLOYMENT OF LABOR BY LINDLEY D. CLARK, LL.M. New York THE MACMILLAN COMPANY 1911 All rights reserved PREFACE THIS volume is an attempt to cover the field of law as it affects the employment of labor in the United States. It is at once evident that the method cannot be exhaustive, since single departments of the subject have properly formed the theme of a number of treatises, in some instances massive; while under the head of legislation, the compilation of the labor laws of the states and the United States, issued from time to time by the United States Bureau of Labor, has grown to be a volume of inconvenient bulk. It has been thought possible, however, to discuss and illustrate by the citation of an adequate number of representative cases and statutes the principles of the common law in their most important phases, as well as the nature and trend of legislation, in so far as these are applicable to workmen and their employers in their relations as such, in a single volume of convenient size. No detailed account of the items of legislation could be presented in a work of this character, since they are shifting so rapidly that a volume could hardly be put through the press before it needed revision. A summary and general view of such laws and of their legal construction and effect will answer the purpose of the student of the question of the legal control of the subjects under consideration, while sufficient references are furnished to enable the pursuit of the subject in further detail if desired. An effort has been made to present with practical completeness the legal principles involved in protective and regulative legislation of this class, in so far as they have been made the subject of judicial determination by the |