respect of such deductions and submit the same to be audited by two auditors appointed by the employees, and shall produce to the auditors all such books, vouchers, and documents, and give them all other facilities as are required for such audits. When it has been the custom for employers to make advances on wages, such advances must be made without interest or other charges.

Belgium.-The law of August 16, 1887, provides for the payment of workingmen in coin or legal current notes. Deductions Deductions may be made for (1) lodgings; (2) the use of a plot of ground; (3) tools furnished; (4) materials furnished; (5) uniforms or special dress furnished, if the employees are required to wear such. The last 3 articles must not be reckoned at a price greater than cost. Wages must not be paid in saloons, stores, or shops.

Germany. Under the act of June 1, 1891, employers are required to reckon wages in the money of the Empire and to pay them in cash, except if they furnish at actual cost price the use of land and dwellings at the customary rental; and fuel, light, board, medicine, and medical attendance, as well as tools and materials, may be supplied at their average cost price, provided such price has been previously agreed upon, with the object of preventing workingmen from selling their tools or materials to other parties at a profit.

Austria.-The truck system was prohibited by law as early as 1791. Wages must be paid in cash, except that by previous arrangement money due for dwelling accommodations, fuel, and use of land, medicines and medical aid, and goods manufactured in the establishment may be deducted, also the furnishing of food or regular board at not exceeding cost price; but no employee shall be required to trade at a particular store, nor shall the employer supply other goods, especially drinks, upon credit, to be afterwards settled for out of wages. Wages may not be paid in any place where intoxicating liquors are sold. Contracts in violation of these regulations are null and void. Full wages may be demanded in cash, without regard to what workingmen may have received in kind, except as above permitted, and the employer has a right to collect at law claims for goods furnished on credit in violation of the law.

Russia. In Russia the industrial code requires all wages to be paid in cash, but a cooperative distributive society may conduct operations for the sale of supplies, with the price to be approved by the inspector of factories.

In no case can wages be retained to pay the debts of employees, except in case of employers who have advanced goods or money to enable them to obtain necessary articles or the furnishing of necessary articles, taken from the factory supplies, but in such case the amount retained must not exceed in all one-third of the wages due, or onefourth in the case of a married man or parent. The employers can not receive interest on their advances, and no part of the wages can be retained for medical attendance or for the use of tools furnished to employees.

Norway.-Wages must in general be paid in cash.

New Zealand. The act of 1891 provides that all workingmen must be paid in cash, and in the case where there is a customary advance this advance must be made without discount or interest of any kind. All contracts for the payment of wages otherwise than in money, or for making deductions or charges for advances of any sort, are declared

illegal and void, and no employer can make any condition as to place or manner in which wages are to be paid. In actions brought for wages the employer can not set off any claims by reason of supplies furnished, nor can he sue for such supplies if furnished on account of wages, but contracts may be made that payment or payments may be made without contracts in checks, drafts, or orders for money payable to the bearer on demand and drawn upon the bank or banker, provided that if such checks are dishonored the employee receiving them may recover reasonable damages in addition to the amount. There are, however, the following exceptions to the above rule: (1) Where an employer or his agent supplies or contracts to supply to any workingman any medicine or medical attendance, or any fuel, materials, tools, appliances, or implements to be by such workingman employed in his labor; (2) for the necessary outfit furnished workingmen employed to fell bush, not exceeding 2 months' wages; (3) for hay, corn, or other provender furnished horses or beasts of burden used by such workingmen; (4) for rent of a tenement or part of one; (5) for food, dressed or prepared under the employers' roof, or drink, not being of an intoxicating nature, there consumed; (6) deductions or stoppages of wages may be made on all the above-mentioned accounts; (7) for advances to a workingman of money for his dues to friendly societies, life insurance companies, etc.; (8) for any such supplies furnished to seamen or persons employed in agricultural or pastoral pursuits.

It would seem that in New Zealand the exceptions are rather greater than the law and in effect nullify it.

There is also the act of 1899, entitled the "Wages protection act," which prevents employers from making deductions from the wages of their employees for the payment of premiums on accident insurance policies to the insurance companies. These are forbidden from taking any money from any worker for premiums upon any policy which in any way purports to indemnify both the employee and the employer against any of his liability under the employers' liability acts.

Western Australia.-The act of October 9, 1899, provides that in every contract or understanding for the employment of a workman wages must be paid in money or orders on a bank payable to bearer on demand, and any provision in contravention to the foregoing is illegal and void. The entire amount must be paid in money, and in an action brought by the employee no set-off is allowed for goods under any circumstances, nor can the employer sue for the same except (1) where, according to written agreement, necessaries to be paid for by deduction from wages are furnished during not more than the first 6 weeks of service of the workingman; (2) where it is agreed that the employer shall furnish medical attendance or supplies or any fuel, materials, tools, etc., to be used by the workman in his labor; (3) the necessary outfit and support not exceeding 2 months' wages supplied to workingmen engaged to fell bush or clean land; (4) hay or other provender for horses or beasts of burden used by him; (5) rent of a tenement furnished under agreement as part remuneration; (6) food or unintoxicating drink furnished by agreement under the employer's roof; (7) wages may be reduced by deductions to repay advances made for dues to friendly societies, insurance companies, or the relief to the employee or his family in case of sickness; (8) the act does not apply to sailors or to persons employed in agricultural or pastoral pursuits, or engaged on cattle stations. All these deductions I C-VOL XVI-01- -5

must, however, be by agreement, and may not exceed the true value of the materials, etc., furnished. If by custom a workman is entitled to receive part of his wages in advance, it is not lawful for an employer to withhold such advance or make any deduction in respect of such advance on account of discount, interest, etc.

SEC. 4. COMPANY STORES, ETC.

Western Australia.-An employer is prohibited from directly or indirectly making it a condition of employment in any way that wages shall be spent in a particular place or in a particular manner.

SEC. 5. RELIEF SOCIETIES, CHARITABLE FUNDS, ETC. (See Chap. XII, Art. C, State Insurance.)

New Zealand.-The law of October 19, 1899, forbids the withholding of wages for or compulsory payment of accident insurance premiums. ART. D. REGULATIONS OF THE GENERAL LABOR CONTRACT AS TO HEALTH, MORAL CONDITION, ETC.

Great Britain (Conspiracy and Protection of Property Act, 1875).— Where a master, being legally liable to provide for his servant or apprentice necessary food, clothing, medical aid, or lodging, willfully and without lawful excuse refuses or neglects to provide the same, whereby the health of the servant or apprentice is or is likely to be seriously or permanently injured, he shall, on summary conviction, be liable either to pay a penalty not exceeding £20 [$97.33] or to be imprisoned for a term not exceeding 6 months, with or without hard labor.

Germany.-The Labor Code (sec. 120a) provides that employers of labor are under the duty of providing proper space for the operations of machinery and utensils and so to maintain them and regulate their use that his employees are protected against danger to life or health so far as possible and the nature of the trade permits. In particular is the employer to take all possible precautions to secure sufficient light, space, and air, to provide against dust or vapors caused by the employment, etc., and to make the proper regulations or operations to protect the employees against danger from machinery or other dangers of the trade, fire, etc., and in so far as possible to take every precaution to render the trade free from all danger. (See also German law of 1891, as set forth under Chap. IV, sec. 1.)

(SEC. 1206.) Employers of labor are also charged with the duty of making all possible arrangements for the separation of the sexes in the interest of morality, and in particular to furnish proper toilet conveniences, etc.

(SEC. 120c.) Special provision is made for the sanitary condition and moral regulation of employees under the age of 18.

Sweden. The code of 1864 contains a broad provision that factory operators and masters in the handicraft trades should be mindful of the health of their employees (Willoughby).

Russia.-In Russia the law of August, 1886, makes it obligatory upon factory owners and operators whose establishments include more

than 100 workingmen to provide a hospital with at least one bed to each 100 employees.

In Russia the civil code undertakes to set forth the reciprocal moral obligations of employers and employees toward each other, the duty on the part of the employee to be faithful, obedient respectful, and to maintain good order, and on the part of the employers to be just and kind toward their employees, to pay their wages fully and promptly, and not to impose on them work not comprehended in the labor contract.

New South Wales.-The masters and servants act of 1857 makes rigid provisions concerning the compulsion of the parties to a labor contract to fulfill their engagements. Any servant or employee failing to keep his contract or is guilty of misconduct can be compelled by the court to pay a fine up to £10, and in default of payment be imprisoned for a period not exceeding 14 days, and in lieu thereof at the discretion of the magistrate-the whole or part of his wages due may be forfeited. The fraudulent securing of money or goods by a servant on account of future wages to be earned can be punished by imprisonment up to 3 months, and so as to the willful spoiling or losing of the employer's goods. The master can also obtain compensation for loss resulting from negligent injuries in the same way, and if not paid by the servant the latter may be imprisoned for not more than 14 days. Summary provision is also made for the settlement of other differences between masters and servants, and it is to be noted that none of the above provisions, in so far as they provide for imprisonment, apply to females.

Queensland. In Queensland also, by the act of 1861, if a pecuniary compensation or indemnity awarded can not be recovered, the person breaking the labor contract may be imprisoned for not more than 3 months. Wages may be recovered by a summary process, and differences between employers and their employees may be settled by two or more justices of the peace in a summary way. The act does not, however, permit the imprisonment of females.

Western Australia.--The master and servants act of 1892 provides for summary jurisdiction by a justice of the peace over disputes between employers and employees, giving powers to the justice to annul the contract, order abatement, impose fines, etc. If the order directs the fulfillment of the contract which requires security the person in default for want of such security may be committed to jail, but the jurisdiction of the justices of the peace does not extend to cases where the amount claimed exceeds £50.

ART. E.-AS TO ENFORCEMENT OF THE LABOR CONTRACT BY INJUNCTION OR OTHERWISE.

The principle of law forbidding the specific enforcement of the labor contract is peculiar to Anglo-Saxon countries. In continental countries it is not unusual for statutes, national or local, or local or municipal ordinances, to regulate or attempt to regulate the enforcement of engagements for personal services. The principle is so foreign to our ideas that it seems unnecessary to go into the matter in much detail. Such general provisions as are contained in the French or German codes will be found in Article A above,

SEC. 1. DIRECT ENFORCEMENT.

No specific law providing for direct enforcement of the labor contract has been found in the general statutes of any continental country. Sections 611 and 631 of the German Civil Code (see Art. A, sec. 4, above) provides that the employee is "bound for the performance of the work agreed upon." It does not appear, however, that there is any remedy other than damages, and this remedy, of course, is allowed in English and American law, but usually proves elusive. There appears to be no corresponding provision in the French Civil Code. The Code Napoleon, section 1142, provides that "every obligation to do or not to do resolves itself into damages in the case of nonperformance on the part of the debtor."

Great Britain.-"The employers and workmen act of 1875" (38 and 39 Vict., c. 90), while not ordering the remedies in equity by an injunction or otherwise, provides a special and summary remedy in the county court for labor disputes; that is to say, in addition to common-law remedies the county court is specifically clothed by this statute with power: (1) To adjust and set off all claims on the part of the employer of workmen arising out of or incidental to the relation between them, whether liquidated or unliquidated, and whether for wages, damages, or otherwise; and (2) if, having regard to all the circumstances of the case, it thinks it just to do so, it may rescind any contract between the employer and the workman upon such terms as to the apportionment of wages and other sums due thereunder, and as to the payment of wages or damages or other sums due, as it thinks just; and (3) where the court might otherwise award damages for breach of contract it may, if the defendant be willing to give security and the plaintiff to accept it, for the performance of so much of his contract as remains unperformed accept such security and order performance of the contract accordingly, in place either of the whole of the damages which would otherwise have been awarded or some part of such damages. Such security shall be an undertaking by the defendant and one or more sureties that he will perform his contract under penalty of a specified sum, and any sums paid by a surety under such a contract shall be deemed a debt due to him from the defendant, and the court may summarily order payment to the surety of such It will be observed that this remedy amounts to specific performance of the contract, but only in case both parties agree to the giving of the security for this performance instead of money damages. There are also extensive provisions for courts of jurisdiction not exceeding £10, and such courts have also jurisdiction of disputes between master and apprentice. In this act the expression "work"does not include a domestic or menial servant, but otherwise means any person who, being a laborer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labor, whether under the age of 21 or above, has entered into or works under a contract with an employer, expressed or implied, oral or in writing.

sum.

man

SEC. 2. PENALTY FOR BREACH OF THE CONTRACT FOR SERVICE IN PUBLIC WORKS, ETC.

No American State has yet made rules affecting strikes, etc., in public works, but by the English conspiracy act (38 and 39 Vict., c.