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THE RIGHT TO BE OVERWORKED ments which under favorable conditions are I.

not injurious are rightly limited as to time Substantially the same question involved

by statute, so as not to become harmful by in the case recently decided by the Court of prolonged engagements.” Justice Orlady Appeals of New York, and discussed by you

cites many decisions of State and Federal in The Outlook for July 13, relative to the

Courts in support of his opinion. (Filed hours of labor of women, has been passed July 26, 1900.)

C. V. HARTZELL, upon by the Superior Court of Pennsylvania.

Chief Clerk, Dept. of Factory Inspection. The Pennsylvania Court and the New York

Harrisburg, Pennsylvania. Court hold divergent opinions. It may be of interest to you and your readers to have the Pennsylvania case set forth.

As one of that large body of readers who Robert Beatty and John R. Beatty, Phila- admire the position of The Outlook, and endelphia, were indicted for violating the law tertain the greatest possible respect for its limiting the labor of adult women to twelve views upon nearly all the questions of the hours a day and sixty hours a week. The day, may I be permitted to say a word in defendants demurred to the indictment, con- reply to the statements contained in the tending that the law, as it applies to adult article entitled “The Right of Overwork," women, is contrary to the Constitution of in your issue of July 13th ? Pennsylvania, which guarantees the right of The title of your remarks upon this subacquiring and possessing property, and that ject shows in itself, I think, somewhat of a it is also contrary to the Constitution of the misapprehension of the practical working of United States, which protects one against the law discussed. Few intelligent people being deprived of liberty and property with will, presumably, defend either the moral or out due process of law.

the economic propriety of “compulsory overJudge Biddle, of Philadelphia, in overrul. work,” and the whole tenor of your remarks ing the demurrer, said, “Surely an act which is, I think, based upon the assumption that prevents the mothers of our race from being any work done by an employee after the tempted to endanger their lives and health by normal day is, of necessity, more or less exhaustive employment, can be condemned compulsory. Indeed, you distinctly say that by none save those who expect to profit by it. refusal of such work upon the part of the The complaint of violated Constitutional employee “spells dismissal.” rights, it will be observed, does not come I feel that there is a grave misapprehenfrom those who are employed, but from sion in connection with this matter, and the those who employ them.” He adds, “We error is shared by many conscientious rethink that this act is clearly within the police formers interested in the theoretical cause power of the State, and the exercise of it in of labor. this case justified by the interests of the in- Controlling a manufacturing business emdividual and the community.” In support ploying a considerable number of both men of his decision, Judge Biddle quotes Justice and women, I have no hesitation in saying Lore, of Massachusetts (Com. vs. Hamilton that the law referred to, which has just been Mfg. Co., 120 Mass. 383), and Justice Brown, declared unconstitutional, has often worked of the Supreme Court of the United States a great injustice to the woman worker. (Lawler vs. Steele, 152 U.S. 133-136 (38 ; In my own business, which I know is rep385 ; 388)).

resentative of a large class of manufacturers An appeal was taken on Judge Biddle's employing women, no “compulsion,” either decision, on which Justice Orlady, of the direct or indirect, as to extra work has ever Superior Court, handed down an opinion been thought of for a moment. affirming Judge Biddle's judgment. Justice For a short season of the year, not exceedOrlady said, in part, “ Sex imposes limita- ing two months in all, the pressure of busitions to excessive or long continued labor. ness sometimes requires that work shall be ... Adult females are a class as distinct as continued until nine or ten P.M. This extenminors, separated by natural conditions from sion, however, never exceeds four, but is all other laborers, and are so constituted as usually three nights a week. to be unable to endure physical exertion and Now kindly note (1) that a notification of exposure to the extent and degree that is the proposed extra work is given the not harmful to adult males; and employ previous, and the hands are expected to


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advise the foreman whether they desire to who fail to post themselves upon the existing make this extra time; (2) that all hands are practical conditions. allowed half an hour for supper; (3) that

P. B.J. every workman is paid an advance of fifty

" The practical working of the law” disper cent. per hour over his day rate.

cussed in the case of a humane employer, It must be quite evident that at this rate no

like our correspondent, is very different from employer would, for a moment, consider it as

the practical working of the law in the case desirable to do an hour's work at night which of that greedy and sordid class of employers could possibly be performed during regular whose existence unfortunately cannot be hours.

denied and whose tyranny was one of the But what I would especially point out is causes of bringing the law into existence. the fact (and quite a natural one under the

Our laws are made to protect the weak not circumstances) that instead of “compulsion” against the just but against the unjust. Even being applied the trouble is always in satis

if all employers were just, however, the fact fying that portion of the working force

that some or most women want to work at which is not called upon for this extra labor night is no reason for allowing them to do at an extra price, and these employees feel

so. If, it is true, as we believe and as the aggrieved at being left out of the good things.

Pennsylvania Court cited by the corresponIn the twenty-five years I have been in con- dent from that State holds, that night work trol of this manufacturing business I can

for women is a menace not only to individstate, without peradventure, that no work- uals but also to the race, the community man's position has been jeopardized or in has a moral right to protect itself against any way injured by his declination (for rea

the ignorance and temporary self-interest sons good and sufficient to himself) to under

of certain women by making such night take this extra work.

work illegal.—THE EDITORS. Now, as to the law forbidding such labor upon the part of women. Our foremen have

SMALL-BOAT SAILING frequently, during such press of work, been asked by our women to permit them to earn

As an ardent lover of small-boat sa:ling this extra money, which many of them could

I read with much interest Mr. Dix's recent do easily, and certainly for a limited period, article upon the subject in The Outlook. without any injury to their health, and we

With most of the sentiments expressed I have always been forced to say, “no, the law,

am in hearty accord, but must take issue in its grave wisdom, makes it a crime for us with him in his opinion of the sloop, or bowto permit you to use your own judgment as

sprit-fitted craft in general. Flat catboats, to your ability to work, while your brothers such as Mr. Dix so admires, no doubt have are supposed to have judgment sufficient to

their uses, though personally I have no use decide such matters for themselves." And

for them; but in mild summer weather they so the women are denied the privilege of probably do afford the maximum of fun for earning a few additional dollars per week, the minimum of experience. In “skirting which many of them could put to good use,

sedges and running upon oyster-beds," for while the members of the superior sex are disporting in close proximity to piers and ready and anxious to accept all such benefits, willow trees, or indeed for common use in these extra gains, in many cases, being ex

waters so shoal that upon occasion the pended in Saturday night dissipation.

yachtsman readily steps out and walks home, As indicating the point of view of the

few will dispute Mr. Dix's statement that worker of this “compulsory labor” for men,

his cat-boat is most convenient. I may say that during the past year I have

But when he accuses bowsprit-fitted boats had a number of such conversations as this of a tendency to “punch unsuspecting with applicants for positions:

pleasure-seekers standing on piers in the " What are the wages ?”

vicinity, I must protest. If this has been Twenty-one dollars per week.”

Mr. Dix's sad experience, in the name of “Do you have much overtime.”

humanity let him by all means confine himVery little—not for more than two months self to the cat-boat, yet surely Mr. Dix exof the year.”

aggerates the danger. For over thirty years I do not think this would satisfy me. I I have cruised up and down our coast in want to get a position where I can work two small sloop-rigged boats, and never once or three hours daily overtime."

has bowsprit of mine prodded so much as a Such restricted laws as this in regard to child standing upon a pier or elsewhere! women are often due to the well-meaning but And further, though his nautical phraseolinexperienced efforts of certain reformers ogy is somewhat ambiguous, Mr. Dix claims



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that the bowsprit necessitates an extra hand have no such bird.” Surely Mr. Burroughs to alternately loosen' and belay the jib- has met, in woodland or on lawn or in scienhalyards.” Just why jib-halyards should have tific books on birds, the summer tanager, or to be alternately “loosened” and belayed, summer red-bird.

Of nearly the same size is beyond comprehension ; if Mr. Dix in- and form as the scarlet tanager, yet, as the tended to say twin jib-sheets, he may rest doctor described it, “ with every quill and assured that no extra hand is necessary for feather of vivid scarlet," it is one of our this operation under ordinary circumstances. most beautiful bird visitors. Of so much A captious reader might also inquire why, more brilliant color and lacking the crest since Mr. Dix chooses to designate sheets and black beak“ trimmings” of the cardinal, sheet-ropes,”

,” he does not consistently it is in no danger of being confused with the speak of “halyard-ropes," toppinglift- latter, even if one does not at once see their ropes,” etc.

difference in form. The summer tanager's GEORGE S. WASSON. song is sweet and mellow, and his peculiar Kittery Point, Maine.

chirp, sounding sharply through the snowy To the above Mr. Dix at the suggestion luxuriance of the cherry-blooms, which seem of The Outlook replies as follows:

his avorite flower, can never be mistaken " Mr. Wasson, in his letter, overlooks the after once learned. He is common to the fact, perhaps, that the subject of my recent Southern and Southeastern States, and is little sketch in The Outlook was not yacht- frequently found in the Middle States, being ing or anything more general than the pleas- much more common here in southern Ohio ure of sailing a very modest little catboat than is his brother, the black-winged scarlet · upon a particular waterway that always tanager, with whom, it seems to me, he shines to me with many delightful associa- should exchange names.

A. P. K. tions. This body of water is too shallow for Piqua, Ohio. large, sloop-rigged yachts or schooners, and

A correspondent from New Jersey writes the natives there, knowing only the handling of small cat.boats, look with the same ignor

to the same effect. Mr. Burroughs, at the

request of The Outlook, replies as follows: ance and intolerance upon larger craft that

“If your correspondents had read my article the seamen years ago had when they looked

carefully, they would have remembered that upon steamers when they were first used, and

I spoke of the bird they refer to—the sumI tried to give the atmosphere of this par

mer redbird, or summer tanager, of the ticular spot and the point of view of the fish

Southern States. I saw them in Kentucky; ermen, crabbers and sailors who live there.

the bird is dull red, not scarlet. I know of They speak colloquially of “sheet ropes

no record of its having been found in Sullijust as they do of "a breeze of wind.” To

van County, this State, though, of course, it this shallow waterway come, during the sum

may have appeared there as a straggler, but .mer months, many city workers who cannot

it is easier to believe that the doctor“ afford the luxuries of large yachts, but they

incorrectly.” find here surcease from business cares and unlimited pleasure and recreation.

INCOME AND INHERITANCE TAXES “It is this pleasure which I tried to picture. I am one of the fortunate ones who have The proposed Presidential and Congresknow.n the larger problems and excitements sional plan of limiting fortunes and raising of navigating larger sailing boats in more

revenue by inheritance and income taxes extended waters; but if some day I may have

may, it is suggested, be greatly improved by the pleasure of taking Mr. Wasson out for a two simple modifications; viz., (1) Let fortunes spin in a small catboat over the shallow but be taxed chiefly in the process of their acbreeze-strewn and lovely waters of this par

cumulation, rather than at probation; and ticular bay, it may give him, perhaps, a reali

(2) let the income tax be limited to those ization of the spirit of the place, which my

incomes which are not only unearned, but article evidently failed to do.”

which are now untaxed. I ask considera

tion for a few of the arguments upon these THE TANAGER AND THE REDBIRD

points. : May. I, a very humble devotee' at the It is substantially correct to say that shrine of bird-lore, venture a word in defense wealth, as fast as produced, is divided into of the doctor who “saw wrongly,” according two parts; one part goes to wages of hand to Mr. Burroughs in his article in the last and brain, the other part goes to privilege. cissue of The Outlook, The doctor' had de- The greater the part that goes to wages the scribed a bird of vivid scarlet color in every

smaller the part that goes to privilege, and (quill and feather, and had to be told thatwe

vice versa.

The prime agency in determin

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Vol. 86
No. 15

Published by the Outlook Company, 287 Fourth Ave., New York, Chicago Office, Marquette Building.
Lawrence F. Abbott, President. William B. Howland. Treasurer. Karl V. S. Howland, Secretary.
Lyman Abbott, Editor-in-Chier. H. W. Mabie, Associate Editor. R. D. Townsend, Managing Editor.

$3 a year 10c. a copy


Tuesday of last week ent nation. Independence is a fine The Philippine

was election day in the word to conjure with ; it appeals to the Elections

Philippine Islands. The imagination; it probably brought to the members of the first Assembly of the polls most of those Filipinos who feel islands—the lower house of the Philip- its charm. But whether it did or not, pine Legislature—were chosen by quali- the immediate problem before the Filified voters. There

two main pinos is one not of independence but of parties which engaged in the contest: self-government. the Nationalists (Nacionalistas) and the Progressives (Progresistas). The Nationalists, who were divided into factions,

It was for the purpose advocated political independence for the


of training the Filipinos

Self-Government islands. According to the latest available

in the art of self-governreturns, they won a decided majority of the ment that the United States brought the delegates. Their victory seems to have Assembly into being. When they have been especially marked in Manila. Some proved that they can protect themselves of the Nationalists, while advocating in and their property and administer their dependence, have been moderate in their affairs, it will then be for themselves to demands. The other Nationalists, how- decide whether they can afford to be ever, who have urged immediate inde- independent of the United States or not. pendence, proved to be dominant in the That they have begun their schooling party. It is these that have determined, auspiciously no friend of theirs will care it seems, the temper of the first Assem- to assert. They have not shown any bly. The result of the election should great eagerness to begin the experiment, not be regarded too seriously. The as the light registration shows; and those campaign, so far as the victorious party who have recorded their choice of leaders was concerned, was conducted on an have apparently not exhibited sound issue with which the Assembly cannot judgment. According to a despatch from deal. It had little if any bearing upon Washington printed in the New York the tasks which the Assembly will have Sun, Dr. Dominador Gomez, head of the to take up. On the other hand, the suc- Nationalist party, who on the face of the cess of this campaign throws little light returns was elected to the Assembly, upon the actual sentiment in the islands, and who therefore seems to be the chosen except as it may possibly indicate the political leader of the Filipinos, has had limits of the sentiment in behalf of inde

an unsavory career. The people of the pendence. Of the population of the United States have had their Gomezes, islands only a small proportion consist but they have never made any of them of qualified voters. Of the qualified President.

Of the qualified President. Dr. Gomez has been in comvoters only about a half were registered; munication with the ladrones and has and of the unregistered half there were done much to encourage them ; yet, ii unquestionably but a very small propor- some of the ladrone chiefs are to be tion who were eager for independence. believed, he has betrayed them; by makThe apathy exhibited in the small regis- ing unauthorized promises of immunity tration may spell discouragement or it he induced these chiefs to surrender to may spell content; the figures do not tell; the Government, with the consequence but it certainly does not spell excited that they have been sentenced to death. desire to establish outright an independ. He is president of a workingman's


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