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LABOR

†Organized January 1, 1898; population estimated.

LABOR LAWS COMMISSIONER.-The U. S. Revised Statutes provide for a Commissioner of Labor at the seat of Government, who is specially charged to ascertain at as early a date as possible, and whenever industrial changes shall make it essential, the cost of producing articles at the time dutiable in the United States, in leading countries where such articles are produced, by fully specified units of production, and under a classification showing the different elements of cost, or approximate cost, of such articles of production, including the wages paid in such industries per day, week, month, or year, or by the piece; and hours employed per day; and the profits of the manufacturers and producers of such articles; and the comparative cost of living, and the kind of living. . . . what articles are controlled by trusts or other combinations of capital, business operations, or labor, and what effect said trusts or other combinations of capital, business operations, or labor have on production and prices. He shall also establish a system of reports by which, at intervals of not less than two years, he can report the general condition, so far as production is concerned, of the leading industries of the country. The Commissioner of Labor is also specially charged to investigate the causes of, and facts relating to, all controversies and disputes between employers and employes, as they may occur, and which may tend to interfere with the welfare of the people of the different States, and report thereon to Congress. The Commissioner of Labor shall also obtain

OF THE U. S.

such information upon the various subjects committed to him as he may deem desirable from different foreign nations, and what, if any, convict made goods are imported into this country, and if so from where.

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ARBITRATION OF LABOR DISPUTES -Chapter 1,063, of the United States Revised Satutes, provides that whenever differences or controversies arise between railroad or other transportation companies, engaged in the transportation of property or passengers between two or more States, and the employes of such companies; if, upon the written proposition of either party to the controvery to submit their differences to arbitration, the other party shall accept the proposition, then and in such event the company is authorized to select one person, and the employe or employes, the case select may be, another person, and the two persons thus selected to select a third person, all three of whom shall be citizens of the United States, and wholly impartial and disinterested in respect to such differences or controversy; and the three persons thus selected and appointed are created and constituted a board of arbitration, with the duties, powers and privileges set forth in the chapter. The board is clothed with power and authority to take testimony, the same as are United States Commissioners appointed by the United States Circuit Court; also to hold sessions at the nearest practicable point to the place of the origin of the difficulty or controversy. It is provided in Section 6 that the President may select two commissioners, one of whom at least must be a resident of the State or

Territory in which the controversy arises; who, together with the Commissioner of Labor, shall constitute a temporary commission for the purpose of examining the causes of the controversy, the conditions accompanying, and the best means for adjusting it; the result of which examination shall be immediately reported to the President and Congress, and on the rendering of such report the services of the two commissioners shall cease. The services of the commission, so constituted by the President, may be tendered by him for the purpose of settling a controversy such as contemplated, either upon his own motion, or upon the application of one of the parties to the controversy, or upon the application of the Executive of the State. In either case, whatever it be, the action of the board of arbitration or the commission, any order, finding, conclusion or award made by a majority of such arbitrators shall be of the same force and effect as if all three of such arbitrators concurred therein or united in making the same.

BOYCOTTING.-The Federal Commission of Labor lays down this ruling as to boycotting:

pany in the hands of a receiver renders the persons interfering liable to punishment for contempt of court."

HOURS OF LABOR.-The U. S. Revised Statutes provide that eight hours shall constitute a day's work for all laborers, workmen and mechanics who may be employed by or on behalf of the U. S. Government. This does not prevent the Government from making arrangements with its employes by which their labor may be more or less than eight hours a day. Nor does it prescribe the amount of compensation for that or any other hours of labor. When, therefore, a laborer in the habit of working for the Government 12 hours a day, for $2 50 per day, is informed by the proper authority that if he remains in the service at that compensation, he must continue to work 12 hours a day, and he does so continue, and is paid accordingly, he cannot afterward recover for the additional time over 8 hours a day's labor.

In 1887 Congress provided by act that eight hours should constitute a day's work for letter carriers in cities or postal districts connected therewith, and if any letter carrier should be employed a greater number of hours per day he shall be paid extra for the same.

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HOLIDAY PAY-All persons of the Government service as per diem employes are allowed the following holidays, for which they shall receive pay the same as other days: January 1, February 22, May 30 (Memorial Day), July 4, December 25, and such days as the President may appoint as days for National thanksgiving.

"Every one has the right to work or to refuse to work for whom and on what terms he pleases, or to refuse to deal with whom he pleases; and a number of persons, if they have no unlawful object in view, have the right to agree that they will not work for or deal with certain persons, or that they will not work under a fixed price or without certain conditions. The right of employes to refuse to work, either singly or in combination, except upon terms and conditions satisfactory to themselves, is balanced by the right of employers to refuse to engage the services of any one for any reason they deem proper. The master may fix the wages, and other conditions not unlawful, upon which he will employ workmen, and has the right to refuse to employ them upon any other terms. In short, both employers and employes are entitled to exercise the fullest liberty in entering into contracts of service, and neither party can hold the other responsible for refusing to enter into such contracts. It has been held, however, that employers in separate, independent establishments have no right to combine for the purpose of preventing workmen who have incurred the hostility of one of them from securing employment upon any terms and by the method commonly known act; blacklisting, debarring such workmen from exercising their vocation, such a combination being regarded as criminal conspiracy. On the other hand, a combination of employes having for its purpose the accomplishment of an illegal object is unlawful; for instance, a conspiracy to extort money from an ployer by inducing his workmen to leave him and deterring others from entering his service is illegal; and an association which undertakes to coerce workmen to become members thereof or to dictate to employers as to the methods or terms upon which their business shall be conducted by means of force, threats or intimidation, interfering with their traffic or lawful employment of other persons is, as to such purposes. an illegal combination. Unlawful interference by employes, or former employes, or persons acting in sympathy with them, with the business of a railroad com

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CIVIL SERVICE.

The term "Civil Service Act" refers to an Act of Congress "to regulate and improve the Civil Service of the United States," approved January 16, 1883, which gave the power to the President to appoint by and with the advice and consent of the Senate three persons, not more than two of whom shall be adherents of the same party, as a Commission, with authority to prescribe regulations in pursuance of, and for the execution of, the provisions of the rules and of the Civil Service Act. The terms used in the regulations are: "Classified Service," referring to all that part of the executive Civil Service of the United States included within the provisions of the "Grade," referring to a group of employes or positions in the classified service arranged upon a basis of duties performed without regard to salaries received; "Class," referring to a group of employes or positions in any grade arranged upon the basis of salaries received, and "Excepted Position," referring to any position within the provisions of the Civil Service Act, but excepted from the requirement of competitive examination or registration for appointment thereto.

The rules published by the Commission on May 6, 1896, show that almost everything in the District of Columbia between the grade of mere laborer or workman and the grade of Presidential appointment is included in the classified service. The following places are brought into the classification outside the District of Columbia: All executive officers and employes who are serving in a clerical capacity, or whose

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duties are in whole or in part of a clerical nature; or in the capacity of a watchman or messenger, or physician, hospital steward, nurse, or whose duties are of a medical nature; or as draughtsman, civil engineer, steam engineer, electrical engineer, computer or fireman; or in the service of the Supervising Architect's office in the capacity of superintendent of construction or of repair, or foreman; or in the service of the Treasury Department in any pacity. The latter section shows that outside the District of Columbia, as well as within the District, everything in th.e Treasury Department is classified. In branches of the service outside the District of Columbia connected with other departments, the classification is somewhat more restricted. No person shall be appointed to, or be employed in, any position which has been, or may hereafter be, classified under the Civil Service Act, until he shall have passed the examination provided therefor, or unless he is especially exempt from examination by the provisions of the act or the rules made in pursuance thereof. It is provided that examinations shall be held at such places and on such dates as the Commission shall deem most practicable to subserve the convenience of applicants and the needs of the service. It is also provided that persons in the Government service may be appointed as Boards of Examiners, but the members of such boards are not all to be adherents of one political party when persons of other political parties are available and competent to serve,

On July 28, 1897, President McKinley promulgated this amendment to Rule II: "No removal shall be made from any position subject to competitive examination except for just cause and upon written charges filed with the head of the Department or other appointing officer, and of which the accused shall have full notice and an opportunity to make defence."

He also amended Rule 1II so as to include within the classified service the employes of all custom-houses, without regard to the number of employes. Hitherto the classification embraced customs offices where the number of employes was five or more. This order brings into the classified service sixty-five hitherto unclassified customs offices. All the employes of those sixty-five ports are by this order embraced in the classified service, with the exception of a deputy and a cashier at the principal ports, and of one deputy at each sub-port or station.

Every applicant for examination must be a citizen of the United States, must be of proper age, and must make his application under oath, upon a form prescribed by the Commission, to be accompanied by such certificates as may be required. The age limitations are fixed by the Commission, and vary for different branches of the service. The Commission may, in its discretion, refuse to examine an applicant, or to certify an eligible who may be physically disabled to perform the duties required; or who has been guilty of crime or in famous or disgraceful conduct; or who has been dismissed from the service for delinquency or misconduct within one year next preceding the date of his application; or has made a false statement or practised or attempted

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practise deception in securing his registration or appointment. Every competitor who attains an average percentage of 70 or more shall be eligible for appointment to the position for which he has been examined. Competitors whose claims to preference under the law have been allowed, and who attain an average of 65, or over, shall be placed, in the order of their average percentages, at the head of the register of eligibles. Persons who served in the military or naval service in the Civil War and were honorably discharged therefrom, and persons who have been separated from positions through no delinquency or misconduct, shall be placed at the head of the register in the order of their fulfilm.ents of requirements. The term of eligibility shall be one year from the date on which the name of the eliWhen gible is entered upon the register. vacancies occur in classified positions the appointing or nominating officer shall request certification to him of the names of eligibles for the position vacant; the certification being of the three names at the head of the register of eligibles, which names must not have been three times certified to the department or office in which the vacancy exists.

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Certificates for appointments of persons in, or on direct detail from any department or office in Washington, D. C., shall be made so as to maintain, as nearly as possible, the apportionment of such appointments among the several States and Territories and District of Columbia upon the basis of population, except as to appointments in a few places.

LOCAL NOTES.

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Massachusetts (in 1884) and New-York (in 1883) are the only States which have State Civil Service laws. In several cities the rules are, however, embodied in their respective charters. In Philadelphia system of examinations is provided by the so-called "Bullitt bill." The persons admitted to competition must, however, be satisfactory to the appointing officer, and the examinations are conducted by boards within the departments, so that in practical operation the system amounts to nothing. In New-Orleans, La., and Seattle, Wash., rules have recently been adopted by popular vote, applying to all branches of the city service. A similar set of rules. is provided for by the charter of Indianapolis. The system in that city was, however, temporarily set aside by the action of the Mayor in 1896. In Milwaukee, Wis., and in Portland, Ore., there are rules applying to certain departments, although not to all.

The New-York State act followed closely the form of the Federal act. It provided for the classification of all State offices, and for the various departments in cities of 50,000 inhabitants and over. In 1884 the provision relating to cities was amended to include all cities, and making the provision mandatory. Under the original act the promulgation of rules had been optional with the Mayor. The act has been reinforced very materially by an amendment to the State Constitution, prepared by the Constitutional Convention of 1894, and adopted by the people in November of that year. This provision,

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