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relative to railway labor is recommended for general adoption. The New York statute protecting the political rights of laborers is also recommended as a model.

The practice of giving a preferred lien to employees for debts due for wages and salaries is approved, and its extension recommended.

The subject of convict labor, which is treated in a separate volume, is referred to in the recommendations of the Commission. In this separate report the New York plan, in accordance with which convicts manufacture goods for the use of state institutions, seems to meet with approval so far as it is practicable. It is recommended that in all cases the punishment and reformation of the prisoner be placed above revenue considerations, and that a system be devised which should give all prisoners employment in productive labor, with the least possible competition with free labor. In the recommendations of the Commission, it is said to be clear that "Congress should legislate to prevent the importation and sale of convict-made goods from one state into another, without the consent of the state into which the goods are imported or where they are sold."

The factory acts of Massachusetts and New York are recommended, as well as the sweat-shop laws of New York, Massachusetts, Pennsylvania, and Ohio.

The enactment of a code of laws for railway labor is considered to be within the province of

Congress, as it falls under the "interstate powers." It is especially recommended that in such a code there should be a careful definition and regulation of employers' liability and of the hours of labor.

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The protection of trade-union labels is recommended. It is further recommended that conspiracy should be defined and limited." Laws against black-listing and the use of private police detectives are approved.

The Commission finds that the laws of the states with respect to conciliation and arbitration have been found effective for purposes of conciliation, but that so far as arbitration, strictly defined, is concerned, they have not accomplished any large results. Further efforts in the direction of conciliation and arbitration are recommended, and the Commission believe "that whoever inaugurates a lockout or strike without first petitioning for arbitration, or assenting to it when offered, should be subjected to an appropriate penalty." It is recommended also that arbitration should not be restricted to a public board, but that the parties to the dispute should be permitted to choose arbitrators if they prefer.

Finally it is recommended that all the states not now having them should establish labor bureaus, and that their duties should be extended, and that they should coöperate with the legislative bodies of the states and with Congress in legislation by means of their recommendations.

These recommendations are signed by eleven

members of the Commission. Another member of the Commission cordially indorses them in a supplementary note. Four commissioners dissent from the report. The theory of those who dissent seems to be based upon the eighteenth-century philosophy of individual liberty, and to have as its direct, practical purpose the interests, real or supposed, of Southern manufacturers. Two of the dissentients are large cotton mill owners, one of them one of the most prominent operators in Charlotte, N.C., and the other the president of the milling corporations of Pelzer, S.C.1 The former, however, recommends ample school facilities, with compulsory education, coöperative savings institutions under state laws, and the establishment by the United States government of postal savings-banks, and finally "liberal provision for the incorporation of labor organizations."

This review of the portions of the Industrial Commission Report dealing with labor, although it has gone beyond the length originally contemplated, is inadequate. This is necessarily so, on account of the largeness of the subject, and the

1 This gentleman, Mr. Ellison A. Smyth, it should be said, has established better conditions for his employees than are usually found in the South; has provided an excellent school for the children, to which he requires his employees to send them, while he advocates compulsory education, and has used his influence in favor of a law recently enacted in South Carolina, taking the first steps in the regulation of child labor, and in its prohibition in mills in the case of children under ten, with a gradual increase of the age under which children may not work up to twelve years.

proportion of space devoted to it. It is, however, hoped that what has been said will give an idea, which is correct so far as it goes, of the excellent work which has been done by the Commission, and of the character of their report upon the subject of labor.

In a general way it may be said that the report deals with labor in its static rather than in its dynamic aspects. The idea of evolution in labor conditions is suggested here and there, but not consistently developed, and perhaps to do so would not have been in harmony with the character of the work assigned to the Commission. The report leaves here, as elsewhere, an unlimited quantity of work for scholars, but the report must be a point of departure for further scientific work concerning labor in the United States. It is a mine of information, and it is also a practical guide for the legislator. It is the most notable achievement of the kind in the history of the United States, and it will compare very favorably with any similar investigation undertaken in any country. Credit must be given to the good sense and judgment of the Commission, and especially to the experts whom they employed.

Perhaps in the whole report nothing is more noteworthy than the extent to which, along with many differences, agreement could be reached in important particulars. Here, as elsewhere, it is seen that ignorance is a cause of dissension, and knowledge a cause of harmony.

LITERATURE

The Yale Review for November, 1902, is devoted largely to a review of this Report. The present chapter is a reprint of that part of the Review which deals with labor. In addition to editorial comment, there are also articles on the various parts of the Report, dealing with Transportation, Agriculture, Taxation, and Trusts, written by Professors H. C. Adams, L. H. Bailey, Carl C. Plehn, and Maurice H. Robinson.

APPENDIX A

THE POLICY OF TRADE-UNIONS WITH RESPECT TO NON-UNION MEN

The following quotation from the Final Report of the Industrial Commission states concisely the policy of the tradeunionists with respect to non-union men:

"The maintenance of the union organization, through which the wage is upheld, costs time and trouble and money. More important than anything else, it involves for those who are active in it the peril of the displeasure of their employers and the loss of their livelihood. If the non-union man secures a rate of wages above what he could get if the union did not exist, the members of the union feel that he has made a gain directly at their expense. They have sown and he has reaped. It seems to them to be required by fairness that he share with them the burden of maintaining the conditions of which he reaps the benefit. If he is not willing to share the burden, it seems to them only just that he should be excluded from the gain.

"If, on the other hand, non-union men, as efficient as the members of the union, compete for employment by cutting under the union rates, there is a great weakening of the col

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