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In view of this fact I am of the opinion that the language of the act of February 27, 1893, can not extend to the city and county of San Francisco as an employer. Nor does the language of that act include the employees in the various departments of that municipal corporation, for they are employees of the municipal corporation. In other words the department, officer, or foreman, who as employing agent engages the employee and directs him in the performance of his work, is not his employer but merely his superior in authority. His employment is sanctioned by the municipal corporation and it is to that body alone that he must look for his pay. It is the municipal corporation alone that is to be regarded as the employer, and so regarded it is not to be deemed included within the terms of the act.

(2) In answer to your second question I have to advise you that under section 6 of article XI of the Constitution of the State of California, the charter of the city and county of San Francisco, except in municipal affairs, is subject to and controlled by an act of the legislature. Here, however, the act of the legislature, viz., the act of February 27, 1893, is inapplicable to the city and county of San Francisco and therefore no conflict arises and there is no necessity for discussing the question as to whether the charter of the city and county of San Francisco is subject to or controlled by such act.

(3) Your third question I have answered in my discussion of your first question.

Very truly yours,

U. S. WEBB, Attorney General.

By ROBERT W. HARRISON, Deputy.

PART TWO.

STATISTICAL TABLES.

HOURS OF LABOR AND WAGES.

Tables I to VI-San Francisco.

In the investigation of hours of labor and wages paid in San Francisco, data was secured covering a total of 60,166 individuals. The establishments in which these individuals were employed were classified, according to their character, as manufacturing establishments, wholesale establishments, retail establishments, and miscellaneous establishments.

Manufacturing Establishments.

Data secured from manufacturing establishments covered 36,912 employees, 28,170, or 76.3 per cent of whom were males, and 8,742, or 23.7 per cent were females. Male employees: Of the 28,170 male employees, 188, or 0.7 per cent, worked less than 8 hours per day; 15,265, or 54.1 per cent, worked 8 hours; 9, 131, or 32.4 per cent, worked 9 hours; 2,778, or 9.9 per cent, worked 10 hours; 219, or 0.8 per cent, worked 11 hours; and 589, or 2.1 per cent, worked 12 hours and over. The wages received per week were classified in groups ranging from less than $3 to $25 and over. 1.0 per cent received less than $6; 4.9 per cent received from $6 to $8.99; 8.2 per cent received from $9 to $11.99; 14.1 per cent received from $12 to $14.99; 14.6 per cent received from $15 to $17.99; 12.9 per cent received from $18 to $20.99; 20.0 per cent received from $21 to $24.99; and 24.3 per cent received $25 and over. Of the total number considered, 71.8 per cent received $15 or over per week. Female employees: The hours of labor of female employees were eight or under, strict compliance with the eight-hour law for women having been enforced by this Bureau. Of the 8,742 females employed in manufacturing establishments, 8,551, or 97.8 per cent, worked 8 hours per day; and the remaining 191, or 2.2 per cent, worked less than 8 hours. The wages paid per week were classified in groups ranging from less than $3, to $25 and over. 0.1 per cent received less than $3; 6.4 per cent received from $3 to $5.99; 33.6 per cent received from $6 to $8.99; 29.8 per cent received from $9 to $11.99; 15.7 per cent received from $12 to $14.99; 7.6 per cent received from $15 to $17.99; 3.8 per cent received from $18 to $20.99; 1.3 per cent received from $21 to $24.99; and 1.7 per cent received $25 and over. Of the total number of female employees considered, 60.1 per cent received $9 or over per week.

Wholesale Establishments.

Data secured from wholesale establishments covered 10,397 individuals, 8,300, or 79.8 per cent of whom were males, and 2,097, or 20.2

per cent were females. Male employees: Of the 8,300 male employees, 27, or 0.3 per cent, worked less than 8 hours per day; 3,254, or 39.2 per cent, worked 8 hours; 4,149, or 50.0 per cent, worked 9 hours; 840, or 10.1 per cent, worked 10 hours; and 29, or 0.4 per cent, worked 11 hours or over. The wages received per week were classified in groups ranging from less than $3, to $25 and over. 1.1 per cent received less than $6; 5.4 per cent received from $6 to $8.99; 6.6 per cent received from $9 to $11.99; 9.3 per cent received from $12 to $14.99; 16.5 per cent received from $15 to $17.99; 13.0 per cent received from $18 to $20.99; 9.6 per cent received from $21 to $24.99; and 38.5 per cent received $25 and over. Of the total number considered, 77.6 per cent received $15 or over per week. Female employees: 64, or 3.1 per cent of the 2,097 female employees, worked less than 8 hours per day, and the remaining 2,033, or 96.9 per cent, worked 8 hours, longer hours of employment being prohibited by statute. The wages received per week, according to the classification arranged, were as follows: 3.0 per cent received less than $6; 21.8 per cent received from $6 to $8.99; 19.9 per cent received from $9 to $11.99; 19.3 per cent received from $12 to $14.99; 19.0 per cent received from $15 to $17.99; 8.9 per cent received from $18 to $20.99; 4.4 per cent received from $21 to $24.99; 3.7 per cent received $25 and over. Of the total number of female employees considered, 75.2 per cent received $9 or over per week.

Retail Establishments.

Data secured from retail establishments covered 10,249 individuals, 5,389, or 52.6 per cent of whom were males, and 4,860, or 47.4 per cent were females. Male employees: Daily hours of labor for male employees were as follows: for 55, or 1.0 per cent, less than 8 hours; for 1,937, or 35.9 per cent, 8 hours; for 3,081, or 57.2 per cent, 9 hours; for 300, or 5.6 per cent, 10 hours; and for 16, or 0.3 per cent, 11 hours or over. The wages received per week were classified in groups ranging from less than $3, to $25 and over. 0.1 per cent received less than $3; 3.6 per cent received from $3 to $5.99; 10.1 per cent received from $6 to $8.99; 6.5 per cent received from $9 to $11.99; 8.1 per cent received from $12 to $14.99; 14.7 per cent received from $15 to $17.99; 12.5 per cent received from $18 to $20.99; 12.5 per cent received from $21 to $24.99; and 31.9 per cent received $25 and over. Of the total number considered, 71. 6 per cent received $15 or over per week. Female employees: Practically all of the 4,860 female employees worked 8 hours per day, but 36, or 0.7 per cent, worked less than 8 hours, and the remaining 4,824, or 99.3 per cent, worked the 8-hour maximum allowed by the state law. The wages received per week were as follows: 1.1 per cent received less than $3; 9.3 per cent received from $3 to $5.99; 20.0 per cent received from $6 to $8.99; 20.9 per cent received from $9 to $11.99; 23.5 per cent received from $12 to $14.99; 11.8 per cent received from, $15 to $17.99; 5.7 per cent received from $18 to $20.99; 4.0 per cent

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