Part 9

While women and children have always assisted in the work of the home, it was not until the development of the factory system that they began to work for wages outside of the family. From the earliest days the preparation of food, spinning and weaving and making up of garments, and other branches of domestic economy had been the peculiar tasks of the housewife. With the removal of the textile industries from the home to the factory and the invention of light-running machinery, many women followed them and employment was found also for young children. Thus with the inception of the modern factory system and machine production there arose the problem of woman and child labor. In England the evils of the early factory system were incredibly bad. “The beginning of the present century,” wrote President Walker, “found children of five, and even of three years of age, in England, working in factories and brickyards; women working underground in mines, harnessed with mules to carts, drawing heavy loads; found the hours of labor whatever the avarice of individual mill owners might exact, were it thirteen, or fourteen, or fifteen; found no guards about machinery to protect life and limb; found the air of the factory fouler than language can describe, even could human ears bear to hear the story.” Conditions were never so bad in this country as in England owing to the later development of the system and prompter legislation against its evils, and especially to the scarcity of labor which compelled employers to make the conditions of labor more attractive.

The field of employment for women has been a constantly expanding one. When Miss Harriet Martineau visited the United States in 1840 she found only seven occupations open to women, namely, teaching, needle-work, keeping boarders, work in the cotton mills, type-setting, 81 book-binding, and domestic service. Since that time the area has widened until there is scarcely an occupation in which women are not found except those closed to her by law or by physical inability. The number of females 10 years of age and over engaged in gainful occupations was 2,647,000 in 1880 or 14.7 per cent of the total female population; this number more than doubled in the next twenty years, being 5,319,000 in 1900 or 18.8 per cent of all. The largest number employed was in domestic and personal service, and next to that in manufacturing and mechanical pursuits, though even in that branch they were most numerous in the traditional branches of woman’s work, as dressmakers, seamstresses, etc. It is nevertheless in the manufacturing industries that the most serious evils connected with woman and child labor are found. The problems differ greatly in different sections of the United States: in the Atlantic states the greatest proportion of women as compared with men find employment and give rise to special problems of women’s work; in the South child labor is more conspicuous; while in the West both woman and child labor are of relatively small importance.

An interesting question suggests itself at this point: Is the increase in the employment of women at the expense of men? Are the women crowding the men out of their occupations and taking their places? At first inspection the statistics of occupations would seem to lead to an affirmative answer, for the percentage of women breadwinners increased from 13.5 per cent of all such in 1880 to 16.6 per cent in 1900, while that of the men fell from 80 to 77.3 per cent, and that of the children remained about the same. The cause of the change in the proportion of the sexes was not due, however, to any falling off in the number of men, but to the great influx of women into the ranks of wage-workers. In some lines of employment, like those of bookkeepers, stenographers, typewriters, clerks, etc., there has undoubtedly been 82 an encroachment and men have been displaced. But on the other hand, many occupations have been opened to men during the last fifty years that were unknown before. Such have been the expanding fields of railroad construction and operation, the steel industry, the utilization of electricity, and other similar lines. In most of these the muscular effort involved or the character of the work have kept women out, but in other lines where special rapidity or lightness of touch are required the women outnumber the men, as in the manufacture of cotton goods, hosiery, hats and caps, etc. The development and improvement of machinery has of course favored the employment of women. Mr. John A. Hobson asserts that “in modern machinery a larger and larger amount of inventive skill is engaged in adjusting machine-tending to the physical and mental capacity of women and children.” He concludes that if the exploitation of these forms of cheap labor had not been prevented by factory legislation and by public disapproval, “the great mass of the textile factories of this country [England] would have been almost entirely worked by women and children.” As a matter of fact one of the reasons for the great expansion of woman labor in the United States as well as England is because it has been found cheaper than man’s labor. We are thus brought face to face with a fundamental question in the discussion of the problem--why are women paid lower wages than men?

As to the fact there is no doubt; one comparison taken from the Census of 1900 will be sufficient to illustrate it: the annual average earnings of men in mechanical and manufacturing industries were $490, and of women $272 per annum. The more important question is why this difference exists. A number of reasons suggest themselves at once. In the first place women are less efficient than men and produce less; 83 hence they are paid less. In some industries, particularly those requiring physical strength, women cannot compete successfully, and those are usually the highest paid employments. Other well-paid industries are regarded by men as essentially their own and social pressure is applied to keep women out. Then, too, woman’s ambition to attain industrial efficiency is not so great, owing to her expectation of marriage and release from industrial life. Women are more often absent from work owing to sickness and domestic claims upon their time; this irregularity of employment tends to reduce their efficiency. But even in employments where the efficiency of men and women are admittedly equal the women receive lower wages in the majority of cases. According to a report of the Bureau of Labor, out of 100 cases where the women did the same work as the men and did it as well, they received lower wages than the men in 80. This leads to the consideration of a second group of causes, which have to do with woman’s standard of living. One reason why she receives less is because she is able and willing to live on less. Physiologically, Dr. Atwater has said, man needs one-fifth more nutriment than woman. Women’s wages are less because of their somewhat lower cost of subsistence. But even aside from this fact, the frequent partial dependence of women upon other members of their family for support makes them willing to accept less and consequently reduces their wages. The average American workingwoman is young, only about twenty-two and a half years old, and after the age of twenty-five is reached the number declines rapidly. That is to say, working girls regard their employment as a temporary affair, remaining only about five years on the average in the store or factory; during this time they often live at home with their parents and are content to receive a wage much smaller than a man would require as head of a household.

The third reason is, however, the most important, because it explains 84 at the same time the low economic position which woman occupies in the industrial world. The narrowing of the field within which women can readily find employment has the effect of greatly intensifying the competition within that field. There is also a great reserve army of potential women wage-earners, whom a slight increase of wages or force of circumstances--loss of employment by the male members of the family--will bring into the field as competitors. There is, in other words, a constant over-supply of labor in most women’s industries, which does not exist in any men’s industries except the most unskilled. Women exhibit, furthermore, a comparative lack of mobility from one industry to another, as well as from one locality to another. According to Professor Smart, women are so unready to leave home that their pay on one side of narrow Scotland is 50 per cent lower than on the other side. In the same way, the flow of labor from one occupation to another, which tends to equalize the advantages and rates of pay of different employments, is far feebler among women than among men. Finally, there is little organization among women. Their individualistic, almost jealous, attitude to one another prevents their combination and united action, while their submissive acceptance of what is offered leads to apathy. They have only infrequently formed unions and endeavored to substitute collective bargaining for individual action. Women are therefore industrially in much the same situation as unskilled, unorganized male laborers, and the remedy in both cases would seem to be the same--education and organization.

The presence of a large supply of cheap woman labor undoubtedly has a depressing effect upon men’s wages, and consequently upon the standard of life of the whole laboring class. George Gunton is authority for the statement that “in proportion as the wife and children contribute to the support of the family the wages of the father are 85 reduced.” The family wage tends to remain the same whether it is earned by the father alone, or by the father with the assistance of his wife and children. It is, however, not quite clear in most cases whether the men’s wages are low because the women and children work, or whether the women and children work because the men’s wages are low. It may fairly be concluded, however, that the evil effects of low wages for women are not confined to themselves but are felt by all with whom they come in competition.

What conclusion shall we draw then, in view of all these facts, as to the desirability of employment of women? The fact of their low wages and industrial dependence is not sufficient to lead one to condemn it. These are transitional phenomena and can be remedied. Women have always worked--on the farm, in the home, in making household supplies. When this work was taken over by the factory woman became a wage-worker in the modern sense. “The census records in respect to the labor of women, therefore, read in the light of collateral facts, are a history of industrial readjustment rather than a record of the relative extent of the employment of women, and it is impossible to say, so far as the census figures are concerned, whether a larger proportion of women are actively engaged in labor today than formerly or not. The one fact which is clear is that factory or shop work is displacing home work, and that this readjustment of industrial conditions is leading to the employment of women outside the home in constantly increasing numbers.” The effect of this readjustment has been to increase greatly the production of wealth. The production of household supplies was removed from the family to the factory when it was handed over to machinery and done better and more cheaply. If the work of women thus released were expended for no useful purpose society would gain only in the increased leisure of the women. But if 86 these then took up other new lines or set men free from old employments so that they could turn to still different ones, then the production of goods could be greatly increased. “Without women’s help,” says Mr. George L. Bolen, “their work in stores and offices would be done by men taken from other employment. The latter’s present work would have to be stopped to that extent, lessening the quantity of goods produced by men. The effect would be the same as if a farmer had to stop plowing two hours before noon to go to the house and cook his dinner…. Women behind the counter, and at the typewriter, release men for work that women cannot do.” From the standpoint of woman herself, industrial independence must be regarded as a great gain. Set free from the necessity of contracting marriage for the sake of a home, and of depending upon mere sex attraction to attain that end, she will develop her capacities more fully and when she does enter upon marriage will do so as a result of mutual attraction. The entrance of women into gainful occupations must be regarded as an essential step in their own progress and the improvement of society.

Quite different must be our attitude towards child labor, which can only be condemned as a waste of labor power and as stunting the development of the children. The Census of 1870 stated for the first time the number of children at work in the United States; there were 739,164 between the ages of 10 and 15 years, of whom 114,628 were employed in manufactures. During the next decade the number increased over 58 per cent to 1,118,356 children at work in all occupations. The disclosure of such an undesirable tendency called forth restrictive legislation in most of the states and the number declined materially by 1890. Since 1890 however there has been a reversal of this tendency back to the conditions of 1880, owing chiefly to the industrial 87 development of the South, where almost no factory legislation exists as yet. In 1904 there were 1,752,187 children at work between the ages of 10 and 15 years, or almost one-fifth of all the children of those ages. The evils connected with child labor are the long hours--usually 11 or 12 hours a day where no restrictive legislation exists--and the exhausting and often dangerous work. The effect on the health of the children of monotonous and exhausting toil before their muscles are set and their frames knit up is thoroughly bad; they are stunted and deformed and prematurely aged. Many of the occupations, too, in which child laborers are most numerous, are dangerous or injurious, as tin can factories, saw mills, paper box factories, type foundries, and tobacco establishments. Second only to the physical effects of child labor is the mental and moral injury suffered not merely by the child but also by society in depriving these youthful laborers of a thorough education. While it is well that children should be kept busy, there is no compensating reward either in money wage or preparation for adult life in such monotonous, profitless drudgery. The influence of the competition of children upon wages is leveling, and their employment indicates either a willingness on the part of employers and parents to exploit this cheap and defenseless form of labor, or a backward state of civilization. Such an evil can be cured only by determined public opposition, by the passage of laws forbidding all labor by children under a certain age, say 15 (except possibly in agricultural or housework), compelling school attendance, and providing for careful inspection. Most of all is needed an aroused public conscience.

Labor legislation is the most effective method of improving the conditions of employment, and to a consideration of this subject we must devote the remainder of this section. We have already seen that the fundamental principle of our modern wage system is freedom of contract. This is guaranteed in our federal and state constitutions 88 as both a personal and a property right. As a result of this fact the courts have generally declared unconstitutional any legislation, designed to protect the interests of labor, that seemed to abrogate this freedom of contract or that savored of class legislation. Efforts to improve the condition of labor by legislation have therefore met with especial obstacles in this country. On the whole, however, means have been discovered of evading these constitutional restrictions when it has seemed clearly demanded by the welfare of society, and the history of labor legislation in this country is one of fairly steady progress. The early laws were practically confined to imprisonment for debt, mechanics’ liens, the hours of education of children employed in factories, and similar matters. Nothing noteworthy was accomplished until 1866 when Massachusetts passed an eight-hour child labor law for children under fourteen; in 1874 she passed a ten-hour law for women and children under eighteen, engaged in manufacturing establishments, and in 1877 enacted the first factory inspection act, which has since been copied in about twenty-four states, and without which mere legislation is of little avail.

The factory acts may be divided into two classes, those that endeavor to secure the safe or healthful manner of conducting a business, and those that attempt to limit the occupations, the hours, and the methods of payment of the workers. Under the first head come such matters as fire protection, ventilation, guarding of machinery, inspection of boilers and mines, etc. Such legislation and inspection have in many states been extended to churches, schoolhouses, hotels, theaters and public buildings. The second group includes those laws which are usually meant when factory acts are referred to. In England there has been a very steady development and extension of such legislation, beginning in 1802, when Peel’s Act tried to protect the health and morals of the pauper apprentices in the cotton mills; this 89 was extended to all young people in textile industries in 1833, to women in 1844, then to all large industries in 1864, and to smaller ones in 1867, and finally in 1878 these various provisions were codified into a complete factory act, regulating the health and safety of the laboring people generally. In the United States the movement was considerably later and has not been so uninterrupted. But today laws limiting the number of hours of labor to eight have been passed by the Federal Government and fifteen of the states for all those engaged on public works. Attempts to fix the hours of labor of adult male workers have usually been declared unconstitutional, for the reasons stated above, except in especially dangerous or unhealthful occupations, as bakeries, mines, smelters and similar lines. Consequently the men have been forced to rely largely upon their own efforts for the redress of industrial grievances; in this fact lies one explanation of the growth and strength of labor organizations in this country. On the other hand, legislation in behalf of women and especially children--wards of the state--has usually been held constitutional by the courts, and has had a more extended application. About twenty of the states have regulated the length of the working day for women and children. Special child labor laws limit the age below which employment is illegal, usually between ten and fourteen years of age; and provide for a minimum of education before a child can be employed. About half the states provide for factory inspection to see that the provisions of the various acts are lived up to. In general we may conclude that by the passage of such legislation society has definitely decided that there are some conditions of employment that cannot be safely left to free contract or to collective bargaining between employer and employe, but that they must be regulated by society itself on the broad grounds of social welfare.

X. UNEMPLOYMENT AND INSURANCE. 90

The greatest problem in modern industry as well as the greatest curse to the laboring classes, is unemployment. While unemployment has always existed under all systems of labor, it assumed added significance when the introduction of the wage system threw every worker upon his own resources and made him responsible for the care of himself and his family. Modern industry is sensitive and unstable and its delicate mechanism, very likely to get out of order; credit and fashion, to mention no others, are factors that make for instability, and these are essentially modern. Professor Marshall is of the opinion that the factory system has not increased inconstancy of employment, but has simply rendered it plainer by localizing it. But whether more or fewer than in earlier times, the number of the unemployed in modern industry is appallingly great. It is not easy to estimate correctly the extent and amount of this evil and we accordingly find considerable variations in the statistical presentations of fact. In 1885 two investigations of the amount of employment were made, one by Carroll D. Wright, in his report as United States Commissioner of Labor for 1886, and the other by the Massachusetts Bureau of Labor in its report for 1887. Mr. Wright defines the unemployed very narrowly as “those who under prosperous times would be fully employed, and who, during the time mentioned, were seeking employment”; using the term in this restricted sense he concluded that 7½ per cent of the working population engaged in manufacturing and mechanical pursuits, and trade and transportation were idle during the year, which moreover he considered one of extreme depression. The Massachusetts statistics, on the other hand, were presented as indicative of general conditions in normal years and may safely be regarded as such. According to this report, 30 per cent of the total number of breadwinners in the state had been unemployed at 91 their principal occupations on an average of 4.11 months in the year covered; some of these found work at other or secondary occupations. But the net result of the investigation was well put in the terse statement of the report, that “about one-third of the total persons engaged in remunerative labor were unemployed at their principal occupation for about one-third of the working time.” At the lowest estimate the whole working population lost on the average almost one-tenth of their working time. The loss of such a proportion of the community’s productive force, with all the demoralization attendant upon irregular or no labor, is evidence of a problem of grave import.

Unemployment is such a broad term and covers so many different ideas that it will be well to classify the unemployed before proceeding further. They may be logically divided into the following classes: I. The temporarily unemployed, who comprise (a) those certain of work again, as efficient workmen who are temporarily out of work owing to seasonal variations, shut downs, etc.; (b) those without such prospect, a group which again divides into two groups, namely, (1) efficient and industrious workmen who have been thrown out of work by a change in fashion, the introduction of new machinery, foreign competition, a prolonged depression, etc., and (2) those whose work is essentially fluctuating and casual in its nature, as casual day laborers, charwomen, etc. II. The permanently unemployed, consisting in turn of (a) the “won’t-works,” as tramps, and (b) the “can’t-works,” or the defective and dependent classes generally. Such a classification renders much easier the analysis both of the causes and of the cure of unemployment.

The first question that presents itself in any discussion of the causes of unemployment is whether it is due primarily to personal causes, as inefficiency or intemperance, or to industrial causes over which the individual has no control. “Personal causes are those 92 mental, moral, and physical defects which show themselves either in the inability and inefficiency of the workman or in his unwillingness to work. Here are included all the varieties of personal inaptitude, ranging from idiocy, intemperance, and vice to old age, sickness, and accident.” Such a comprehensive definition includes many cases, of course, where no blame can be attached to the individual, and yet each one of these causes is personal, that is, it does not affect at the same time a whole group, as an industrial depression would do. Persons included in this group are always on the margin of employment; in bad times the first to be discharged, in good times they are the last to be employed. Nor is the cause of their lack of employment always easy to give; it may be itself the result of industrial accident or unhealthful occupation, or the result of heredity, evil habits and associations, and defective education. We may present two tables giving briefly the causes of poverty and unemployment. The first gives the causes of poverty ascribed by the charity organization societies of New York, Boston, and Baltimore to applicants for relief:

Causes of poverty: charity organization society records.

=================================+=================== Cause. | Per cent. ---------------------------------+---------+--------- Drink | 13.7 | Shiftlessness and inefficiency | 7.5 | Other moral defects | 2.1 | Total, Character | | 23.3 ---------------------------------+---------+--------- No male support | 5.0 | Lack of other normal support | 3.6 | Total, Support | | 8.6 ---------------------------------+---------+-------- Lack of employment | 23.5 | Insufficient employment | 8.1 | Poorly paid, etc. | 3.3 | Total, Employment | | 34.9 ---------------------------------+---------+-------- Sickness and death in family | 21.1 | 93 Insanity and physical defects | 4.1 | Old Age | 3.9 | Other incapacity | 3.2 | Total, Incapacity | | 32.3 ---------------------------------+---------+-------- | 100. | 100. ---------------------------------+---------+--------

Warner, American Charities, Rev. Ed., 53.

The first group of causes indicates misconduct, as the last group indicates misfortune; the other two shade off into industrial causes, though lack of employment--the largest single cause--may in turn be ascribed to any one of several remoter causes according to the bias of the investigator. This table is a record of the causes of failure on the part of those who have fallen behind or dropped out altogether in the race of life. At the other end of the scale stand the members of labor organization, on the whole, the elite of the labor world. The following table gives the causes of unemployment of 31,339 cases at the end of September, 1900, as reported to the New York Bureau of Labor Statistics:

Causes of idleness, members of trade unions, 1900.

---------------------+----------- Cause | Per Cent ---------------------+----------- No work | 75.5 Bad weather | .5 Strike or lockout | 13.0 Sickness | 4.7 Superannuation | 1.6 Other causes | 4.7 | Total | 100.0 ---------------------+----------

This table emphasizes very strongly the industrial causes of unemployment, three-fourths of which is ascribed to lack of work. In some cases, as the iron and steel workers, where there is a regular 94 two months’ shut-down to make repairs, and the building trades where the inclemency of the weather usually prevents work during the winter, the lack of employment may be regarded as a vacation rather than a hardship, for the rates of pay are high enough during the remaining months to offset those of idleness. In other cases, however, as in coal-mining, there is a large reserve army of workers on hand and employment is secured for only one-half to two-thirds the time. In 1900, when the average number of days of employment was larger than it had been in ten years, the bituminous miners were employed only 234 days and the anthracite miners only 166 days in the year. This indicates a very bad organization of the industry. The same thing was formerly true of the London dockyards, where there was a reserve army of some 4,000 surplus workers. Of course the effect of this is to depress wages. The clothing trade is subject to seasonal fluctuations and the caprice of fashion, and offers very irregular employment. Machinery and improved processes were frequently spoken of by witnesses before the Industrial Commission as the leading cause of unemployment. If the general conditions of business are good at the time of the first introduction of machinery the displaced laborer is reabsorbed again and the hardship is not so noticeable. But if it coincides with a period of business depression the introduction of machinery appears to be the cause of a large displacement of labor, which might more truly be ascribed to industrial depression. This last cause is responsible for enormous suffering among the laboring classes, for the method oftenest resorted to by industrial enterprises to reduce expenses is the wholesale discharge of laborers, who are thus made to bear the burden of industrial disorganization. This was well illustrated by the economies effected by the railroads in the year 1908, in their general reduction of the labor force and of wages. But even in good years the inconstancy of employment is startling. In 95 the four years 1897-1900 the men in trade unions in New York State lost 16.2 per cent of their time from unemployment, which is almost exactly one day in every week. And these, it must be remembered, were skilled and efficient workers in organized trades. Finally, strikes are given as a cause of unemployment in the table; these are a peculiar feature of modern industry, and do not call for further discussion, except to point out that they are not as important as often represented.

The foregoing analysis of the causes of unemployment shows that they are deep-seated in the nature of modern industry, and that it would be unjust to the workingman to attribute them in any large measure to his incapacity or indisposition to labor. The care of the unemployable must of course be undertaken by society, and such persons prevented as far as possible from depressing the wages of competent labor by their competition. Exceptional periods of distress may and should be met by temporary relief measures. But what we may call the normal unemployment in modern industry, which amounts to 2-2½ per cent of the labor force, cannot be overcome by direct methods. The remedy for this lies “in a better organization of employers and employes, more steady expansion of trade, and greater stability of industry and of legislation affecting industry. These are not problems directly of unemployment, but rather of taxation, currency, monopoly, immigration, over-production, and technical advances in industry. Their treatment must be undertaken, not primarily as measures of providing for the unemployed, but as measures for improving the conditions of business.” The problem of unemployment would thus seem to be a permanent one, bound up in the very nature of a dynamic society; it may be regarded as the price of progress. But the question may fairly be raised as to whether the laboring classes should foot the bill, 96 or whether the cost might not fairly be borne by society as a whole. This has suggested, as a solution of the problem, insurance of workingmen against unemployment, a discussion of which, however, must be deferred to the end of the section. Some methods of alleviation, if not of abolition, of the evils of unemployment may be suggested. Free public employment bureaus and agencies, national in scope and well integrated, would do much to secure a better adjustment of demand and supply in the labor market, and secure a better distribution of the labor force and greater mobility of labor. Better organization and mutual understanding on the part of both employers and employes is needed, to prevent the loss through strikes and lockouts. And finally, improved industrial and technical education is essential, whereby the loss in skill through the introduction of new inventions and machinery may be minimized, and the productivity of the laboring class be increased.

Among the measures of relief for unemployment due to accident, sickness, and old age, none is more important or more deserving of a hearing in the United States than that of insurance against these evils. The earnings of the average male wage-earner are so small--half of the number earn annually less than $436, and half of the adult male factory workers earn less than $400 a year--that the unemployment, sickness, disablement, or old age of the breadwinner must throw a large proportion of families so afflicted into a condition of periodic poverty. Any remedies that will alleviate the miseries caused by fluctuations in employment, industrial accidents, diseases incident to industry, etc., deserve a respectful hearing.

No adequate statistics of industrial accidents exist in the United States, but a recent estimate by F. L. Hoffman gave the number of fatal accidents among occupied males in 1908 as between 30,000 and 35,000. An analysis of the reports of the New York Bureau of Labor 97 Statistics from 1901 to 1906, shows that of the total number (39,244) of industrial accidents reported in that state a little over 2 per cent were fatal, almost 17 per cent resulted in permanent disablement, and 81 per cent resulted in temporary disablement. More than half of the accidents in industry are the result of machinery in motion. Mr. Hoffman calculates that “it should not be impossible to save at least one-third or perhaps one-half by intelligent and rational methods of factory inspection, legislation, and control.” Prevention of accidents rather than compensation to the workingman after they occur should be the aim of society, in order to avoid the wasteful loss of productive power, not to mention the suffering and misery entailed by such accidents. “Immunity, not compensation,” has been the demand of the British trade unions. Of first importance then is careful factory legislation, safeguarding of machinery, and factory inspection. But here we are interested primarily in the question of responsibility and compensation. In the United States, legislatures and the courts have taken the position that the workingman was responsible unless he could prove the employer responsible for his injury. How impossible such proof is and consequently how intenable such a position, is clear from the following table, compiled by the German Government for purposes of accident insurance:

Accidents in German industries traceable to different causes.

==============================+=============+==========+======== Causes. | Agriculture | Industry | Mining | (1891) | (1887) | (1887) ------------------------------+-------------+----------+-------- Fault of employer | 18.2 | 19.8 | 1.3 Fault of injured workman | 24.4 | 25.0 | 29.8 Fault of both | 20.1 | 4.4 | Fault of third person | 2.8 | 3.3 | 4.3 Unavoidable or indeterminable | 34.5 | 46.9 | 64.6 +-------------+----------+-------- Total | 100.0 | 100.0 | 100.0 ------------------------------+-------------+----------+--------

Statistics from both Germany and Austria show that a full half or 98 more of all industrial accidents are due to causes for which neither employers, injured workmen, nor fellow employes are responsible, but which are incidental to the nature of the industry itself. But besides the danger of injury from machinery, there are numerous specially dangerous or injurious trades, in which injury by poisoning, disease, etc., is almost unavoidable as trade processes are at present conducted. These have been classified as follows: trades in which lead is a poisonous element, trades which produce other chemical poisons, trades in which lockjaw is an incident, trades in which the danger arises from injurious particles in the air, or from dust, processes that require a sudden change from heat to cold and vice versa, and those that require artificial humidity, and trades in which accidents are so frequent as to demand special legislation. Before we try to decide who in justice should bear the cost of sickness or injury arising from these causes, let us inquire as to the practice in the United States and in other countries, so as to have the data necessary for a fair conclusion.

The original legal doctrine regarding liability for accident in England and America, which is still practically unmodified in the latter country, was based on the principle of individual responsibility for acts of negligence. Briefly stated the common law doctrine is that an employer must provide reasonably safe conditions of employment, and that then the employe assumes the risks incident to the occupation, or arising from the carelessness of fellow-servants; moreover, even if the employer has been remiss, the employe cannot collect damages if he has been guilty of contributory negligence. These three doctrines--assumption of risk, doctrine of the fellow-servant, and contributory negligence--have been used practically to free the employer from all responsibility in cases where injured employes have sought to secure damages. Moreover, as has been shown above, many cases exist where it is impossible to fix 99 the blame on either employer, employe, or a third party, and in such cases no compensation could be secured for injury under the law. The full rigor of the common law, which has worked out so unfairly for the workingman in modern machine production, has been modified in about twenty-seven states by statutes defining more exactly the duties of the employer, and repealing the fellow-servant doctrine in regard to railway employes and in a few states in regard to all mechanical industries. With these exceptions, however, the law of employers’ liability has not been changed, and compensation for industrial accidents must be sought by injured employes through a suit for damages against the employer. In 1906 and again in 1908 Congress passed a federal employers’ liability act, limited to common carriers, which, however, represents only development along the lines of negligence law. That is, we are still proceeding upon the assumption that in every accident which occurs somebody is to blame. We shall have to look to foreign countries for a practical application of the principle that the cost of accidents in modern industry should be made a charge upon the industry itself, and ultimately be incorporated in the higher price of the article produced.