of 1,125 also includes over 400 children under 12 years of age. Moreover, the average is more than 7 hours' work a day for the working children who attend "practice schools." Of these children it was found that 43 work 10 to 11 hours a day; 37 work 8 to 11 hours on days when there is no school; 7 work 11 to 12 hours a day; 110 work as a rule 10 to 13 hours a day; 2 boys work 12 to 14 hours daily, or 72 to 84 hours weekly, apart from the 6 to 8 hours a week at school; and 42 children work between 14 and 15 hours a day. On Sundays 209 children are employed, i. e., 2.4 per cent of the total number counted. The hours of employment per week, including school hours, for those regularly at work are given in the following table:

HOURS PER WEEK, INCLUDING SCHOOL HOURS, OF PUPILS EMPLOYED REGULARLY AT GAINFUL OCCUPATIONS IN THE CANTON OF APPENZELL OUTER RHODES.

NOTE. Children in the first class are usually 6 to 7 years old, those in the second class 7 to 8 years old, and so on upward. Practice school pupils average 14 years of age.

Under the designation "not specified occupations" there are 1,684 children. Among the occupations of these children are: Delivering newspapers, cigars, bread, eggs, etc.; helping in restaurants (7 children thus engaged were under 9 years old) and setting up tenpins; helping in bakeries, harness shops, carpenter shops, dye works, barber shops, laundries, bookbinderies, paint shops, bleacheries, dairies, etc.; huckstering and peddling, in spite of the cantonal law which forbids school children to engage in this occupation. Most of these occupations are not at all harmful in themselves, but the injury consists in the long hours of work, in too few hours for sleep, and in subjecting defenseless children to the arbitrary control of an employer.

Fifty-four children work in the morning before school for at least 1 hour, some of them for 2 hours. The children who work until 8 p. m. are said to be numerous." Children 8 years old employed

"threaders" usually have the following schedule: Work from 6 to 8 a. m.; school; then work again from 1 to 8 p. m. Or, work from 6 to 12 in the morning; school in the afternoon; and then work from 5 to 8 p. m. In some cases their work begins at 4 a. m. and ends at 10 p. m., giving them 12 to 15 hours of work per day. On the basis of the Appenzell Outer Rhodes data Pastor Zinsli concludes that "in most cases the amount of work is excessive; one is entitled to speak of frequent overburdening and occasionally of the ruthless and irresponsible exploitation of children's strength."

When the Swiss Society for Public Welfare undertook its investigation in 1904, the Canton of Zurich was one of those that refused to participate. The authorities of the Canton gave elaborate reasons for this refusal, which Dr. Julius Deutsch, in his prize essay on child labor, criticises as extremely specious. (") It is unfortunate that this important industrial Canton was not included in the society's investigation. In default thereof we must fall back upon the results of a study made in December, 1894, in the "supplementary schools" of the city of Zurich. (")

The pupils in these schools were between 12 and 15 years of age. Out of a total of 1,325 children 1,286 were at work; 723 worked more than 10 hours a day, and 662 were regular wage-workers. In their homes 436 were employed, 223 were learning a trade, and 587 were engaged in unskilled auxiliary labor.

When the Canton of St. Gall was preparing to pass a law concerning female laborers, Federal Inspector Schuler wrote:

I need not tell you how girls and women are overworked. Seamstresses' apprentices not yet 14 years old, sometimes poorly fed, deprived during the whole week of fresh air, must work during half the night or the whole night. Embroidery finishers and patchers and employees in small tailoring shops often stay at work until 1 and 2 o'clock in the morning, day after day, for several weeks. These abuses receive hardly any attention, for the work is carried on noiselessly and inconspicuously in small rooms, and often does not cease even on Sundays. * Moreover, among these unobserved establishments there are some that employ enough laborers to be subject to the factory law.

In 1904 Doctor Schuler (c) reported that 15,681 children were engaged in the domestic industries of about half of the Cantons; but inasmuch as Zurich, Appenzell Outer Rhodes, and St. Gall were not included in this number, Pastor Zinsli estimates the total for Switzerland between 25,000 and 30,000 in 1907.

Dr. Julius Deutsch: “Die Kinderarbeit und ihre Bekämpfung," Preisgekrönt von der Universität Zürich. Zürich, 1907, p. 88 ff.

See Eugen Schwyzer: Die jugendlichen Arbeitskräfte im Handwerk und Gewerbe, in der Hausindustrie, und in den Fabriken. Zürich, 1900.

In "Die schweizerische Hausindustrie," Zeitschrift für schweizerische Statistik, 1904.

It is impossible to draw any general conclusions with regard to the wages received by these children, the data are so meager and unsatsifactory. The children who work at home work longer, as a rule, than the young people between 14 and 18 years of age who are employed in the factories; but it is not probable that they receive as high wages. Some clue to the wages of young factory hands is given by the statistics of pensions paid these workers in case of accidents, payments being based on the wages of the employee. Dr. F. Goldstein, in an article already quoted, obtained the following results, based on the reports from the first federal circuit concerning textile workers: 995 cases of accidents to men indicated an average wage of 3.01 francs (59 cents) a day; 456 cases of adult women averaged a daily wage of 1.91 francs (37 cents); 219 cases of boys showed an average daily wage of 1.56 francs (30 cents); and 185 cases of girls an average wage of 1.46 francs (28 cents). If we assume that the laborer works 300 days a year, the annual wage of adult males would be 912 francs ($176.01); that of adult females, 573 franes ($110.59); that of boys under 18 years of age, 468 franes ($90.32); and that of girls under 18 years of age, 438 francs ($84.53).

Especially in domestic industries the wages vary greatly, according to the age of the child and the nature of the occupation. Some receive 30 centimes (6 cents) a day, and others get as much as 1.50 francs (29 cents). Those who work with their parents usually receive no wages, and some of the others are paid partly in board and lodging. According to Doctor Schuler, winders (usually children or old people) can earn 50 to 60 centimes (10 to 12 cents) a day. Rawsilk and floss-silk spinners get 15 centimes (3 cents) a kilogram (2.2 pounds), and an average day's work is 5 kilograms (11 pounds). As helpers in Jacquard weaving, children get 50 to 60 centimes (10 to 12 cents) a day, and in cigar making 30 centimes (6 cents) a day.

Greater details are given for Appenzell Outer Rhodes by Pastor Zinsli. Here children received for weaving 10 to 30 centimes (2 to 6 cents) an hour, 80 centimes to 1.50 francs (15 to 29 cents) a day, or 9 franes ($1.74) a week. For threading they were paid 5 to 30 centimes (1 to 6 cents) an hour, 1 to 1.50 franes (19 to 29 cents) a day; for cutting out embroidery, 5 to 25 centimes (1 to 5 cents), for other processes connected with weaving and embroidering from 30 to 50 centimes (6 to 10 cents) an hour. In shops and stores 1.20 francs to 1.90 francs (23 to 37 cents) per workday of 11 hours is paid; for setting up tenpins, 30 centimes (6 cents) an hour. Lithographers' helpers get 16 centimes (3 cents) an hour.

With regard to the physical effects of child labor there is no lack of testimony from school-teachers. This testimony, however, can not be regarded as of great value, because few of the teachers are medically trained or capable of scientific judgment in such matters. The

statements of specialists in industrial hygiene have more value, and their testimony is to the effect that "child labor, aside from the specific harm of factory labor, is detrimental to the child's organism and frequently leads to arrested growth, deformities of the chest, scoliosis, short-sightedness, etc." (") Even when their physical strength is not apparently damaged, labor, particularly industrial labor, usually injures physical development and at times results in moral harm, the detrimental effects being the greater the younger a child is when it begins to work." ()

"The thirteenth and fourteenth years by no means terminate physical development, but are the beginning of a very difficult and very susceptible period during which children who work should, in the interest of their health, be very sparing of their energies." (")

An investigation made in St. Gall in 1895 by Pastor Frey (©). showed that 33.1 per cent of the children were reported as physically normal and 39.5 per cent as physical weaklings. Concerning the others nothing was reported. Sixty-three of the reports complained of the effects of overwork, of the dullness, weakness, and fatigue of the children, and twenty-six spoke of malnutrition. Of the children, 44.3 per cent were reported as mentally abnormal; 33 per cent mentally normal, and nothing was said about 22.7 per cent.

The examination in Appenzell Outer Rhodes of recruits for military service led Doctor Wiesmann in 1903 (2) to investigate why this Canton had to reject twice as many young men as the average for Switzerland as a whole, on account of low stature, narrow chests, weakness, anæmia, and arrested growth. "We have to do with a complex phenomenon, and in spite of one's self one exclaims that this is a race of degenerates." Doctor Wiesmann reached the conclusion that the premature and excessive labor of immature boys, the irregular division of time between work and rest, and the early developed habits of drinking and smoking, were among the potent factors underlying these results.

Article by Professor Roth, in Weyl's Handbuch der Hygiene, Vol. VIII, P. 39.

Doctor Neumann, in Weyl's Handbuch der Hygiene, Vol. VII, p. 644 ff.

J. Frey: "Die Ueberbürdung von Kindern durch Stickerarbeit und ihre Folgen für Schule und Haus." St. Gall, 1897.-(Jahresbericht der gemeinnützigen Gesellschaft).

& Zeitschrift für schweizerische Statistik, 1904. Of 7,760 men examined only 3,604 were fit for military service.

56504-No. 89-10-27

DECISIONS OF COURTS AFFECTING LABOR.

[Except in cases of special interest, the decisions here presented are restricted to those rendered by the federal courts and the higher courts of the States and Territories. Only material portions of such decisions are reproduced, Introductory and explanatory matter being given in the words of the editor.]

DECISIONS UNDER STATUTE LAW.

COMBINATIONS IN RESTRAINT OF TRADE-BOYCOTT—ÂNTITRUST LAW-CONSTITUTIONALITY-Grenada Lumber Company v. Mississippi, Supreme Court of the United States, 30 Supreme Court Reporter, page 535.-Section 5002 of the Mississippi Code prohibits among other things trusts and combinations in restraint of trade whose purpose is to limit, increase, or reduce the price of a commodity. In the present case the supreme court of the State had affirmed a decree of the chancery court of Hinds County, Miss., dissolving a voluntary association of retail lumber dealers as a combination in restraint of trade in violation of the above section. This association was an organization of 77 retail dealers in lumber, sash, doors, etc., doing business in the States of Mississippi and Louisiana. They were competitive in a measure among themselves, but had agreed not to purchase any material or supplies from manufacturers and wholesale dealers who sold directly to consumers or with commission merchants, agents, and brokers who sell to consumers but do not carry stocks; they also agreed not to deal with any manufacturer who sold to such commission merchants, agents, or brokers. This combination was held by the supreme court to come under the condemnation of the statute in question, whereupon an appeal was taken to the Supreme Court of the United States on the claim that the statute was in violation of the fourteenth amendment to the Constitution of the United States. The appeal resulted in the affirmation of the decree, the constitutionality of the statute being upheld.

While the case in question does not involve associations of laborers, nor of employers, the principle governing voluntary association is touched upon in the opinion of the court, and for this reason it is in part reproduced here. Judge Lurton, speaking for the court, after making a statement of the facts, set forth the rule of the supreme court of Mississippi in construing such a combination as a restraint of trade within the meaning of the law, which construction the Supreme Court of the United States necessarily adopted, leaving