4 line and all of the fifth line preceding the words " every em5 ployer," being the following words:" but the provisions of 6 this section shall not apply during December to persons who 7 are employed in shops for the sale of goods at retail," so as to 8 read as follows: Section 23. No child under eighteen years 9 of age and no woman shall be employed in laboring in a 10 mercantile establishment more than fifty-eight hours in a 11 week

In the opinion of this committee, present conditions do not justify us in recommending any change at this time in the law restricting the labor of women and minors to 58 hours per week, except as above proposed.

The foregoing recommendations refer to fundamental principles, that children should be educated, rather than work; that they should not work in the evening; that ignorance is inconsistent with good citizenship; and that legislation should be uniform for all months of the year. Whatever amendments to our factory laws are found wise in the course of experience, in order to enforce these principles, should be cheerfully supported. No obstacles should be placed in the way of perfecting amendments.

Saturday Half-holiday. We believe that the growing custom of providing Saturday half-holidays for employees is deserving of every encouragement, and, while no legislation on this point seems to be required under present circumstances, we commend the practice to the favorable notice of employers and of the public.

Tenement-house Labor. Our attention has been called to the desirability of an amendment to the law regulating the manufacture of tenement-made clothing. Section 56 of chapter 106 of the Revised Laws has gone far toward eradicating an evil much complained of, known as the "sweat shop." It provides that all persons engaged in making clothing in tenements or dwelling houses must procure a license, and that the premises occupied shall be licensed and be subject to inspection. Such licenses are kept on file by the factory inspectors. It would conduce to the more effective enforcement of the law, aid in tracing the persons hold

ing and seeking to hold such licenses, and save much valuable time, if there were a monthly list of employees filed in the office of the Chief of the District Police by employers in this branch of industry. We recommend the passage of the following bill:

AN ACT MORE EFFECTUALLY ΤΟ PREVENT THE EXISTENCE OF SWEAT SHOPS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

1

SECTION 1. Section fifty-six of chapter one hundred and six 2 of the Revised Laws is hereby amended by adding after the 3 word "family," at the end of said section, the following:4 Every person, firm or corporation hiring, employing or con5 tracting with a member of a family holding a license under this 6 section for the making, altering, repairing or finishing of gar7 ments or wearing apparel to be done outside the premises of 8 such employer shall keep a register of the names and addresses 9 plainly written in English of the persons to whom such work is 10 given, and shall forward a copy of such register once a month 11 to the chief of the district police.

Dangerous Occupations. Our attention has been directed to the need of further legislation in regard to the protection of labor in the dangerous trades. Large powers have already been given to the district police to secure the guarding of machinery, the inspecting of boilers and the sanitary construction and supervision of buildings. In some industries there are special risks, due to the unhealthful character of the occupation. These risks legislation should seek to minimize, but as yet there is very little official information in regard to the conditions of dangerous and injurious employments in Massachusetts. The State Board of Health made certain investigations twenty-five years ago, and the Bureau of Statistics of Labor has also given some attention to this subject. The provisions in the present law are few and general. We have nothing comparable to the legislation enacted in European countries. England, for example, has subjected to special regulation a considerable number of industries, as white lead factories, the manufacture of paints and colors, the manufacture of earthenware and china,

chemical works, mixing and casting of brass, wool sorting, etc. Children in particular should be excluded from extrahazardous employments. It is, however, impossible to legislate wisely upon this subject now, because of lack of exact information in regard to industrial conditions.

Much consideration was given by the committee to the suggestion that an investigation be made concerning all trades or processes used in different manufacturing establishments which are dangerous or injurious to the health of the employees. Section 44, chapter 106 of the Revised Laws, provides that:

The state board of health shall, upon the application of any citizen of the commonwealth, determine, after such investigation as it considers necessary, whether or not the manufacture of a particular acid is dangerous or injurious to the health of minors under eighteen years of age; and its decision shall be conclusive evidence thereof. Whoever employs a child under eighteen years of age in the manufacture of an acid after the state board of health has determined that such manufacture is dangerous or injurious to his health shall be punished by a fine of one hundred dollars for each offence.

It is possible that this statute ought to be extended, and we therefore recommend that an investigation should be made on this subject by the State Board of Health, co-operating with the Bureau of Statistics of Labor.

State Police. It appears to the committee, when considering the subject of the enforcement of all laws relating to the employment of women and children and of factory laws generally, that the State police force ought to be increased. The inspections are regularly made, but there is much to do in order to secure the application of the various provisions relating to sanitary conditions, the guarding of machinery, the exclusion of children under age, and all the various matters that come under the extensive body of laws known as factory acts.

V. EMPLOYERS' LIABILITY.

The resolve creating this committee especially directs it to consider the liability of the employer for injuries received by the employee in the course of his employment, and the

creation of a disability or pension fund by the joint contributions of employers and employees. The intimate connection of these two subjects is such that a comprehensive act pertaining to the whole relation of employers and employees when accidents or personal injuries occur must be taken into consideration.

The specific bills on these subjects before the committee, introduced in the last Legislature, are as follows: a bill relative to the liability of employers to make compensation for personal injuries suffered by employees in their service (Senate, No. 53); a bill relative to the amount of damages recoverable in cases of death of an employee caused by negligence of the employer or of his agents or servants (Senate, No. 77); a bill relative to actions for the recovery of damages for injury or death (Senate, No. 220); a bill relative to the assumption of risks by employees (House, No. 190); a bill relative to actions against employers for injuries to employees (House, No. 407); a bill relative to injuries upon or about railroads or railways (House, No. 408); a bill relative to actions of tort for personal injuries caused by defective appliances (House, No. 544); a bill relative to the assumption of risk by employees (House, No. 731, practically the same as House, No. 190); a bill relative to claims for personal injuries against railroad and street railway corporations (House, No. 756); a bill relative to the liability for personal injuries of street railway companies using the tracks of other street railway companies (House, No. 866); a bill relative to the recovery of damages against railroad or railway companies for injuries resulting in death (House, No. 871); a bill relative to the evidence in actions for negligence (House, No. 1000).

These bills offer a basis for the fullest consideration of a subject which means much to the economic and vital interests of the people at large.

The number of personal injury cases of all kinds in the community is very large, and is constantly increasing with the growth of population, the extension of industry and the development of means of transportation. The volume of litigation in this class of cases, not to mention those which are compromised before suits are instituted, is sufficiently

large to engage almost the entire time of many sessions of courts and to demand from to time the appointment of new judges, with accompanying increase in court expenses. A much greater proportion of personal injury cases than ever before, in comparison with other cases, occupies the attention of trial courts. These cases, good and bad, encumber the court dockets and in various ways delay the progress of justice. It has been estimated that, of this large volume of personal injury cases, those particularly relating to employees constitute from one-eighth to oneseventh. The aim of the committee has been to deal exclusively with the subject of personal injuries to employees received in the course of their employment, and not with personal injuries suffered by citizens independently of their employment.

It is asserted by employers and those representing them that employees are often induced by unscrupulous persons to bring groundless actions against their employers, to rely upon manufactured evidence, and that the sympathies and prejudices of juries frequently favor the employees. It is further claimed that the injured employee, if after a long time he is successful in recovering damages, receives in the end but a small part of the amount so recovered, owing to the expenses of litigation and the exorbitant and unreasonable charges of his lawyer and medical adviser.

On the other hand, it is urged in behalf of the injured employee that the employer, either himself or, if insured, through his representative, upon the happening of an accident at once sends agents to the place of accident, for the purpose of investigation and to secure evidence. The names of witnesses, together with their statements, are carefully preserved. The employee has no access to this evidence or the names of witnesses, and must prepare his case in the best way he can. It is also asserted that, as soon as the employee can be reached, he is approached by the claim agent of his employer, or by the claim agent of an employers' liability insurance company if his employer is insured, and urged to settle his claim for damages for a trifling amount. The employee is told that if he goes to law it will

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