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lishments and to the employment, safety, protection of minors, as well as those acts compelling their attendance at school.*

The general factory and workshop act of 1885 † supplements the preceding enactments by providing for the safety of minors while at work, and by prohibiting their employment, if under sixteen years of age, for a longer time than ten hours daily or sixty hours per week. In addition to these laws, there are a number of statutes relating to the care of children and affecting their moral condition, but these have no connection with our subject,‡ labor legislation, so-called, which even in the limited sense referred to has advanced, in this country, little beyond the incipient stages, and does not compare with the progressive reform, which culminated in the comprehensive English factory act of 1878. In New Jersey, we have not reached the end of the chapter yet; still there are enough laws on the statute book, if properly enforced, at least to restrain the labor of children within reasonable limits, and to make creditable citizens of them by providing them with a rudimentary

EDUCATION.

The compulsory education act || of the late session of the Legislature is by no means all that could be desired, and the public will before long demand a more comprehensive rule of action, but it is far in advance of anything which has preceded it. Unlike the illusory enactment passed ten years previously, it is made the duty of the Factory Inspectors, assisted by the local aothorities, to enforce its provisions, which require that every boy and girl, between seven and twelve years old, unless bodily and mentally incapacitated, shall receive, each year, at least twenty weeks' instruction in the common English branches; that no child under fifteen years of age shall be employed unless he or she has attended school for twelve consecutive weeks; and that children between twelve and sixteen years old temporarily discharged from employment must be sent to school during the time unemployed Parents and guardians not complying with the requirements of the statute are guilty of a misdemeanor and may be fined or imprisoned. Truant children are to be deemed juvenile disorderly persons and dealt with as such.

The day has gone by when it was still customary to suggest that books put all sorts of things in the heads of lads and make 'em quite unfit for work," ¶ and now

*The first general act for manufacturing corporations, passed in 1816, and referred to above, contains the following section, which is a compulsory education provision, and shows that the legislators of nearly three-quarters of a century ago fully appreciated the benefits to be derived therefrom:

"Section 9. That the president and directors as superintendents of such factories as may become incorporated under this act, shall cause that the children hereafter employed in such factory or establishment, whether bound by indenture or parole agreement, to be taught in reading, writing and arithmetic, at least one hour in each and every day; and that due attention be paid to the preservation of their morals, and that they be required by their masters or employers regularly to attend some place of religious worship on the Sabbath day, when the same may be within convenient distance."

"A general act relating to factories and workshops and the employment, safety, health and work-hours of operatives," approved April 7th, 1855. Its provisions are not restricted to minors. These acts are given in the Appendix in connection with the "labor laws." What little legislation regulating apprenticeship we have, is also added.

? See Report of Bureau for 1882. English workmen are not yet satisfied with this legislation, but are seeking to improve it.

"A supplement to an act to establish a system of public instruction." See Appendix. The acts of 1879 and 1881. "providing for the establishment of schools for industrial education," are also reproduced at the end of this volume. But for the New Jersey School Law." the reader must consult the Revised Statutes (edition of 1877) or the pamphlet just issued by the Superintendent of Public Instruction.

¶ An English manufacturer's expression.

we are all in favor of education as generally diffused as practicable, and are proud of the progress our State has made in this respect within the life of a single generation. For all that, a glance at the successive tables of statistics given in the late reports of the Superintendent of Elucation shows that this advance has not kept pace with our increase in population and wealth, that there actually was a retrograde movement during brisk times, when our school children were vigorously drafted into our factories—a state of facts which was the best possible justification of the legislation referred to above,* and might well have recalled the times, not very far off, when the state of education, year after year, was referred to as "deplorable."

Free schools and general education have but a recent history in New Jersey. Although our first school law was enacted by the General Assembly at Perth Amboy, in 1693, because the "cultivation of learning and good manners tends greatly to the good and benefit of mankind, which hath hitherto been much neglected in this province," these good intentions, nevertheless, had not yet borne fruit a century later, when there were only a baker's dozen of "academies" and "grammar schools" in the State. No regular places of instruction for the general public existed, but temporary support of the village schoolmaster was contributed by the inhabitants of the neighborhood. These occasional teachers met with such little encouragement that no person of ability, "adequate to the business," as a contemporary writer puts it, would accept such a position. As a consequence, little advantage was derived from these schools, which were only for the better circumstanced population. The poor were very "inattentive to the education of their children, who are left to grow up in ignorance" Under the "act to incorporate societies for the promotion of learning" (1794), it became the rage to start in nearly every hamlet "school companies," most of which had a very short career of usefulness. Charity and negro schools were also organized during the early years of the present century, but it was not until 1817 that the first definite step was taken by the Legislature to provide the means of education for the children of the poor. In that year the principle of imposing a tax for educational purposes was established by the act providing that one-tenth of the State tax should be set apart for a "fund for the support of free schools," which were looked at in an entirely different light from that in which we now view them. In 1820 the various townships were authorized to raise money "for the education of such children as are paupers;" and up to 1838 this term of "pauper" appeared in all enactments in behalf of public instruction. The idea that a free schooling meant charity bestowed by one part of the community on the other seemed to be universal.‡ It is therefore not surprising to find in the annual messages of the time repeated warnings of the total inefficiency of the schools, and that "thousands" were growing up in ignorance. The canse of education did not then occupy a very prominent place in the public mind, which was far from agreeing with Governor Pennington, that “it is both the duty and interest of a free State to provide for the education of its children;" and even one of

In 1873 the school census gave 236,444 children between the school ages, of whom 179,443, or 62.6 per cent were enrolled in the public schools, and 69,2.9, or 24 1 per cent, were estimated to have attended no school. In 1882 there were 343 897 school children, of whom 209,526, or only 60 9 attended the public schools, while 89,254 went to no school In 1878, near the close of the financial crisis, over 62 8 per cent. of our children attended the public schools, and the average attendance (113,604) was actually larger than that four years later (113,482), although the number of children of school age was nearly 22,000 less.

+In 1682 the island of Mittinnicunk, or Free School Island, was given for the use of the city of Burlington; the yearly profits arising from it amounting to £150 at the close of the eighteenth century, were appropriated for the education of poor children.

"In many, very many, instances parents refuse to send their children to pubic schools, from the conviction that the injury they will receive at them will be greater than the benefit."Niles' Reg., 1834.

his successors, nearly a quarter of a century later,* found it necessary to argue, that "though the establishment of free schools may operate onerously upon some individuals for a temporary period, they with the whole community must feel the benefit eventually, in the decrease of crime and vagrancy, the improvement of public morals and the general increase of industrial habits among the people."

Public interest in the subject first began to be really awakened in 1838, from which time up into the '50's meetings advocating liberal measures to advance education were the fashion in all parts of the State. The new constitution of '44 declared that the school fund for the support of free schools should remain a perpetual fund intact, and be securely invested. The next year the Legislature provided for a State Superintendent of Education, and special laws were constantly passed authorizing townships to raise money for "district" schools. In 1851 † the first comprehensive act to establish public schools was approved, and marks the turning point in our school system. Sixteen years later the present State Board of Education was created, which was authorized to appoint a State Superintendent of Instruction and County Superintendents. Yet only in 1871 were our public schools required to be free; ‡ up to that time tuition fees, called "rate bills," were charged in many portions of the State. The uncertain township tax gave way to the fixed two-mill State rate, & redistributed among the districts, while provision for greatly increasing the permanent school fund was made by adding all moneys derived from the sale or rental of the riparian lands. We have now a public school system second in efficiency to that of few States; yet if our factory inspection and compulsory education laws are permitted to remain dead letters on the statute book, the time is not far off when this State will contain a largely increased number of citizens, physical and mental wrecks, who have never received any of the benefits of common school instruction-a consummation of general concern, for an ignorant, dwarfed and helpless crowd of workers is the most potent agent of poverty and crime, the prevention of which is essential to the well-being of the whole community.

To this extent, at least, all factory legislation is a movement in the interest of society itself. Nevertheless it has been opposed at every step, and, though laisserfaire, the extreme let alone doctrine of the old Manchester school, has been exploded, we are far from recognizing the fact that women, to a certain degree, as well as children are the wards of the State, whose duty it is to protect them, if necessary, even to the restriction of their employment. The only distinctive action, up to the present time, taken in New Jersey for the preservation of the health of adult female employes has been the mandate to employers to provide suitable seats for their use when not engaged at work ¶ A similar law has been passed for the benefit of drivers on the horse cars of our city street railway companies.** The general factory act of 1885, before referred to, and a few other enactments, which apply to all classes of employes, are intended mainly for their personal security-the protection of life, limb, body

*Inaugural of 1851.

March 14th, 1851 being a supplement to the act of March 1st, 1838.

One of the constitutional amendments of 1875 clinches the nail by making it obligatory on the Legislature to provide "a thorough system of free public schools."

Now, under the slightly changed law of 1880, it amounts to $1 per child or about 2 mills. In 1871 it amounted to $561,121; now it has reached $3,382.916, of which a portion of the interest ($100,000) is distributed among the districts. This is distinct from the State school tax. which was $1,396.968 in 1884. With the various district taxes, interest from "surplus revenue." etc, the total annual public school expenditures average over $2,300,000. ¶Chapters 159 and 149 of the laws of 1882 and 1884 respectively, for which see Appendix. ** Chapter 40, laws of 1882; see Appendix.

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and health.

Even such legislation has been very limited. In fact our economists still frown on all attempts to interfere with adult labor as a restraint of individual liberty. Then, too, our Legislatures are somewhat hampered by the constitutional restrictions which obtain in the United States, limiting the power of Legislatures to interfere with private property and contracts, in which respect we differ from the English Parliament, which, as the lawyers sometimes express it, can do everything but make a woman a man and a man a woman, that is, its authority is omnipotent in these matters. But, neither have the demands of the American workingmen been very extensive heretofore. While he has always considered sanitary regulations and the like of minor consequence, and we think wrongly, his chief efforts have been confined to securing a reduction of the hours of daily toil, the legal establishment of a nominal working day, and to opposition to any policy unfavorably affecting his wages.†

* See the "factory acts," reproduced at the end of this volume.

†The Knights of Labor of North America now, probably, constitute the largest labor organiz. ation in the world, their membership, on June 30th, 1885, reaching nearly 111,400. although ouly organized fifteen years ago at Philadelphia. We have formed the Order of the Knights of Labor," states the Declaration of Principles, "for the purpose of organizing and directing the power of the industrial masses." Its object is not a political party, but as the ends in view can only be obtained by legislation, "it is the duty of all to assist in nominating and supporting with their votes only such candidates as will pledge their support to those measures which will accomplish them. The aims of the Order are:

"I. To make industrial and moral worth, not wealth, the true standard of individual and National greatness.

II. To secure to the workers the full enjoyment of the wealth they create, sufficient leisure in which to develop their intellectual, moral and social faculties; all of the benefits, recreation and pleasures of association; in a word, to enable them to share in the gains and honors of advancing civilization.

In order to secure these results, we demand at the hands of the STATE:

III The establishment of Bureaus of Labor Statistics, that we may arrive at a correct knowledge of the educational, moral and financial condition of the laboring masses.

"IV. That the public lands, the heritage of the people, be reserved for actual settlers; not another acre for railroads or speculators, and that all lands now held for speculative purposes be taxed to their full value.

V. The abrogation of all laws that do not bear equally upon capital and labor, and the removal of unjust technicalities, delays and discriminations in the administration of justice.

VI. The adoption of measures providing for the health and safety of those engaged in manufacturing and mining, building industries, and for the indemnification of those engaged therein for injuries received through lack of necessary safeguards.

VII. The recognition, by incorporation, of trades unions, orders and such other associations as may be organized by the working masses to improve their condition and protect their rights. "VIII. The enactment of laws to compel corporations to pay their employes weekly, in lawful money, for the labor of the preceding week, and giving mechanics and laborers a first lien upon the product of their labor to the extent of their full wages.

IX The abolition of the contract system on National, State and Municipal works.

"X The enactment of laws providing for arbitration between employers and employed, and to enforce the decision of the arbitrators.

"XI. The prohibition by law of the employment of children under 15 years of age in workshops, mines and factories.

"XII. To prohibit the hiring out of convict labor.

XIII. That a graduated income tax be levied.

"And we demand at the hands of CONGRESS:

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XIV. The establishment of a national monetary system, in which a circulating medium in necessary quantity shall issue direct to the people, without the intervention of banks; that all the national issue shall be full legal teuder in payment of all debts, public and private; and that the government shall not guarantee or recognize any private banks, or create any banking corporations.

XV. That interest bearing bonds, bills of credit or notes shall never be issued by the government, but that, when the need arises, the emergency shall be met by issue of legal tender, non interest bearing money.

"XVI. That the importation of foreign labor under contract be prohibited.

"XVII. That, in connection with the post office, the government shall organize financial exchanges, safe deposits and facilities for deposit of the savings of the people in small sums. XVIII. That the government shall obtain possession, by purchase, under the right of eminent domain, of all telegraphs, telephones and railroads, and that hereafter no charter or lice se be issued to any corporation for construction or operation of any means of transporting intelligence, passengers or freight

"And while making the foregoing demands upon the State and National Government, we will endeavor to associate our own labors:

"XIX. To establish co-operative institutions, such as will tend to supersede the wage system, by the introduction of a co-operative industrial system.

THE AGITATION FOR A SHORTER WORKING DAY

Began in Massachusetts over half a century ago, when it was still the custom to work "from sun to sun," which meant from nine to twelve hours in winter and from twelve to sixteen in summer. That was really the genesis of the American labor movement.* On September 1st, 1832, a meeting of farmers, mechanics and workingmen of New England was held at the State House, Boston, to protest mainly against excessive hours of labor, imprisonment for debt, the lack of a lien law and the onerous militia system; and on January 21st, 1834, steps towards the organization of a general trades union were taken-an event celebrated on the following 4th of July with a procession, two thousand strong, through the streets of Boston, followed by an oration and dinner at Faneuil Hall. A banner bore the inscription "Ten hours a day." Twentytwo religious societies had refused the use of their churches in which to deliver the address; nor was any clergyman so bold as to be present to invoke the Divine blessing. Edward Everett and Channing had before this advocated the labor cause, and a workingman's party existed in Massachusetts from 1833 to 1835. The 12th of September, 1833, was celebrated by the workingmen of Baltimore as a holiday and they actually nominated two candidates for the State Legislature, A mechanics' convention also met at Utica, N. Y., on August 20th, 1834, to protest against convict labor; † but generally the new movement met with little favor outside of those interested, the authorities of Boston even refusing in 1835 the use of a public hall in which to discuss the ten-hour scheme, which was soon agitated all over the country. The Baltimore mechanics are said to have achieved the earliest success; while the city of Philadelphia was the first to take official action in the matter. The city council, in June, 1835, passed a resolution to the effect "that the hours of labor of the workingmen employed under the direction of the city corporation shall be from 'six to six' during the summer season, allowing one hour for breakfast and one hour for dinner."‡ Otherwise there was no further result till 1840, when President Van Buren, on April 10th, issued the order that "all public establishments will hereafter be regulated, as to working hours, by the ten-hour system," which, nevertheless, was not strictly carried out during the succeeding twenty years. During the '50's such headway had been made, that in many of the States the so-called ten-hour laws were enacted; & and at present not only is the system generally recognized in our industrial establishments, but considerable progress has been towards an eight-hour law. The ideas which led to the demand for the ten-hour legislation, however, are much more succinctly stated by the advocates of the eight hour rule. They assert || that the introduction of steam and

"XX. To secure for both sexes equal pay for equal work.

"XXI. To shorten the hours of labor by a gene al refusal to work for more than eight hours. "XXII To persuade employers to agree to arbitrate all differences which may arise between them and their employes, in order that the bonds of sympathy between them may be strengthened and that strikes may be rendered unnecessary."

* But trades unions existed in New York as far back as 1805-those of shipwrights and carpenters, and others mostly of a benevolent nature.

The employment of convicts at mechanical branches at present pursued in this and several other States." See Niles Register.

This fact does not seem to be commonly known; yet the information was given in Niles' Register of June 13th. 1835, under the notice often-hour system," which the editor considered proper. "In general ten hours of labor is as much as a man ought to perform, especially if he be exposed to the sun The proceeding appears to be agreeable to the working people of Philadelphia. It has long since been established among the mechanics of Baltimore and in cases where the principle is applicable to the business that they pursue."

New Jersey in 1851 See above. These acts only provide that ten hours shall be considered a legal day's work, but do not prohibit employers from establishing a different rule.

Drury: Polity of the Labor Movement.

The arguments advanced in support of the demands for a shorter working day are thus condeused in the Ohio Labor Bureau's Report of 1878, p. 271:

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