Partial protection against cheap labor is furnished in the Chinese Exclusion Act (1882) and the act of 1:5 (amended 1907) forbidding the importation of laborers under contract. The Arizona law requiring employers employ ing 20 or more workers to see that at least 80 per cent were citizens was declared unconstitu tional on the basis of unjust discrimination, hut the New York law limiting employment on pub works to citizens was upheld: Competition of 'convict labor has been re garded as a serious menace by free labor. ' Four States now forbid the employment of convicts where there would be such competition.' Five prohibit the employment of convicts in ' certain industries, several provide for the em ployment of their convicts in certain industries, and five seek to distribute them among the ' various industries. Several seek to regulate the sale of convict-made goods. The agitation for a Federal law on the subject has not yet met with success.
Recognition of the Union. There is vir tually no law forbidding the organization of public employees, but executive orders dis courage it. In private industry unions could ' secure legal recognition by incorporating, but they have little to gain and much to lose by this form of recognition, hence they have sought it in other ways. At least one-third of the States have passed laws forbidding em ployers to discriminate against members of unions. A similar law of the 'United States (Erdman Act) and several of the State laws have been declared void because unduly limit ing the freedom of contract. (Case of Cop page v. Kansas). Texas and several other , States have exempted labor unions from the operation of their anti-trust laws, and Congress made a slight modification of the Sherman Law, in favor of the unions after the adverse de cision in the case of the Danbury hatters. Over, 40 States provide for the registration of union, labels and protect them against counterfeiting, A few States, have legalized the peaceful boy cc:1U, whether declared by unions or collections , of individuals.
Special Legislation. The so-called "fac tory acts" of the United States vary greatly, in scope and effectiveness. Some as far 1 back as the seventies, but most of them are much more recent, The first law requiring the reporting of in dustrial accidents was passed by Massachusetts , in 1886, the first covering occupational disease , by California in 1911. The reporting of acci dents has gradually spread to other States, but the laws vary greatly and are not altogether satisfactory. Sixteen States now require the reporting of occupational diseases and some of the laws are very comprehensive.
Laws excluding certain persons from particular industries are becoming common. The age limit, educational and physical qualifi cations for children in many occupations are gradually being raised. Women are excluded
from a few industries in some States, in four States from all industries for some weeks be fore and after maternity confinement. There are many laws requiring certain physical and technical qualifications of men for particular industries. In general the physical qualifica tions cover a reasonable immunity from dis ease common in the vocation, freedom from diseases easily communicated to others, and strength sufficient for the performance' of one's ' duty. Ohio and Pennsylvania require monthly' examinations of workers exposed to poisonous lead salts. The technical qualifications range all the way from such as may oe required of aeronauts and electricians in one State to those' expected of plumbers and chauffeurs in 22' States. These requirements are made primal* for the public safety, secondarily for the good of the worker.
A few substances have been outlawed. A national law (1912) virtually prohibits the manufacture of matches containing white phosphorus. Several States forbid the manu facture and sale of alcoholic drinks. This was made national by constitutional amendment in 1919. Massachusetts forbids the use of a shuttle touched by the lips of the operator, but no State forbids the use of the same blowpipe in glass industries by more than one person.
Safety is aimed at in many drastic laws re quiring the fencing of dangerous machinery and provision for stopping of machinery at once, forbidding the running of such machines without guards or cleaning or repairing while in motion. Laws designed for safety also re quire certain amounts of space; they call for the screening of stairways and elevator shafts, and require inspection of steam boilers. Laws for protection against fire are found in all the States. Some of them comprise a code in themselves, going into great details about things ranging from the material used in con structing a building to how often the floors shall be swept and how the gas shall be turned off.
The health of a factory worker is fairly well guarded in some cases, very poorly in others. Few States have any legislation on lighting, heat and humidity. Half the States require ventilation though most of the laws are too vague to be of much value. The Illinois law of 1909 sets a good standard. Some States for bid sleeping in workrooms and make certain regulations for cleanliness. It was difficult to regulate ((sweating') after the decision of the Jacobs case, but attempts are made through licenses and inspection. All the mining States have more or less comprehensive laws for safety in underground works, but the pro visions for health are less adequate.