Child Labor in City Streets

CHAPTER I

THE PROBLEM OF THE STREET-WORKING CHILD--PUBLIC APATHY--RELATION TO OTHER PROBLEMS

The efforts which have so far been made in the United States to solve the child labor problem have been directed almost exclusively toward improvement of conditions in mines and manufacturing and mercantile establishments. This singling out of one phase of the problem for correction was due to the uneducated state of public opinion which made necessary a long and determined campaign along one line, vividly portraying the wrongs of children in this one form of exploitation, before general interest could be aroused. Within very recent years this campaign has met with signal success, and many states have granted a goodly measure of protection to the children of their working classes as far as the factory, the store and the mine are concerned. The time has now come for attention to be directed toward the premature employment of children in work other than that connected with mining and manufacturing, for there are other phases of this problem which involve large numbers of children and which, up to the present, have received but little thought from students of labor conditions. The three most important of these other phases are the employment of children in agricultural work, in home industries and in street occupations. This volume will deal with the last-named phase--with the economic activities of children in the streets and public places of our cities, their effects and the remedies they demand.

The street occupations in which children commonly engage are: newspaper selling, peddling, bootblacking, messenger service, delivery service, running errands and the tending of market stands. The first three are known as street "trades," owing to the popular fallacy that the children who follow them are little "merchants," and are therefore entitled to the dignity of separate classification. Careful usage would confine this term to newsboys, peddlers and bootblacks who work independently of any employer. Many children are employed by other persons to sell newspapers, peddle goods and polish shoes, and such children technically are street traders no more than those who run errands, carry messages or deliver parcels. Consequently the term "street trades" is limited in its application, and by no means embraces all the economic activities of children in our streets and public places.

Wisconsin has written into her laws a definition of street trading, declaring that it is "any business or occupation in which any street, alley, court, square or other public place is used for the sale, display or offering for sale of any articles, goods or merchandise." This covers neither bootblacking nor the delivery of newspapers.

In Great Britain the expression "street trading" has been officially defined as including: "the hawking of newspapers, matches, flowers, and other articles; playing, singing, or performing for profit; plying for hire in carrying luggage or messages; shoe blacking, or any other like occupations carried on in streets or public places."

Street traders and street employees may be classified by occupation as follows:--

STREET TRADERS STREET EMPLOYEES (WORKING FOR THEMSELVES) (WORKING FOR OTHERS)

Newspaper sellers Newspaper sellers (on salary) Peddlers (on salary) Peddlers Bootblacks (in stands) Market stand tenders Bootblacks (on street) Messengers Errand children Delivery children

This classification is based upon the well-known economic distinction between profits and wages. It is unfortunate that this distinction has been applied to juvenile street workers, for it has operated to the great disadvantage of the "traders." This class has been practically ignored in the general movement for child welfare, on the ground that these little laborers were in business for themselves, and therefore should not be disturbed. Recently the conviction has been dawning upon observant people that, in the case of young children at least, the effects of work on an independent basis, particularly in city streets, are just as bad and perhaps even worse than work under the direction of employers. The mute appeal of the street-working child for protection has at last reached the heart of the welfare movement, and the first feeble efforts in his behalf are now being put forth, regardless of whether he toils for profits or for wages.

This alleged distinction between street trading and street employment should be clearly understood, as any movement designed to remedy present conditions must be sufficiently comprehensive to avoid the great mistake of protecting one class and ignoring the other. On the one hand there is said to be an army of little independent "merchants" conducting business affairs of their own, while on the other there is an array of juvenile employees performing the tasks set them by their masters. For purposes of regulation this distinction is hairsplitting, narrow-minded and unjust, as it has been made to defeat in part the beneficent aim of the great campaign for child welfare, but nevertheless it must be reckoned with. Children under fourteen years of age at work in factories and mines are often properly called "slaves," and their plight is regarded with pity coupled with a clarion cry for their emancipation. But tiny workers in the streets are referred to approvingly as "little merchants" and are freely patronized even by the avowed friends of children, who thereby contribute their moral support toward continuing these conditions and maintaining this absurd fiction of our merchant babyhood. As an instance of this remarkable attitude, there was proudly printed in the Pittsburgh Gazette-Times of April 11, 1910, the picture of a four-year-old child who had been a newsboy in an Ohio town since the age of thirty months, and this was described as a most worthy achievement!

That the term "child labor," whose meaning has so long been popularly restricted to the employment of children in factories, mills, mines and stores, is properly applicable to the activities of children in all kinds of work for profit, is now virtually recognized by a few states which prohibit employment of children under fourteen years of age "in any gainful occupation." But unfortunately the courts have rigidly construed the word "employ" to mean the purchasing of the services of one person by another, hence newsboys, peddlers, bootblacks and others who work on their own account, do not enjoy the protection of such a statute because they are not "employed." Under this interpretation a fatal loophole is afforded through which thousands of boys and girls escape the spirit of the law which seeks to prevent their labor rather than their mere employment. It is for this reason that, in states having otherwise excellent provisions for the conservation of childhood, we see little children freely exploiting themselves on city streets. This situation has been calmly accepted without protest by the general public, for, while the people condemn child labor in factories, they tolerate and even approve of it on the street. They labor under the delusion that merely because a few of our successful business men were newsboys in the past, these little "merchants" of the street are receiving valuable training in business methods and will later develop into leaders in the affairs of men. A glaring example of this attitude was given by a monthly magazine which fondly referred to newsboys as "the enterprising young merchants from whose ranks will be recruited the coming statesmen, soldiers, financiers, merchants and manufacturers of our land."

It is extremely unfortunate that this narrow conception has prevailed, as it raises the tremendous obstacle of popular prejudice which must be broken down before these child street workers can receive their share of justice at the hands of the law. The only fair and logical method of approach toward a solution of the child labor problem in all its phases is to take high ground and view the subject broadly in the light of what is for the best interests of children in general.

The state recognizes the need of an intelligent citizenship and accordingly provides a system of public schools, requiring the attendance of all children up to the age of fourteen years. In order that nothing shall interfere with the operation of this plan for general education, the state forbids the employment of children of school age. In respect of both these mandates, the state has really assumed the guardianship of the child; it has accepted the principle that the child is the ward of the state and has based its action on this principle. A guardian should be ever mindful of the welfare of his wards, and so, to be consistent, the state should carefully shield its children from all forms of exploitation as well as from other abuses.

However, in the matter of the regulation of child labor, a curious anomaly has arisen--no one may employ a child under fourteen years in a factory for even one hour a day without being liable to prosecution for disobeying the law of the state, because such work might interfere with the child's growth and education; all of which is right and indorsed by public opinion, but--merely because a child is working independently of any employer, he is allowed to sell newspapers, peddle chewing gum and black boots for any number of hours, providing he attends school during school hours! Could anything be more inconsistent? To this extent the state, as a guardian, has neglected the welfare of its ward.

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