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PER CENT OF BUSINESS DONE AND AVERAGE DAYS IN OPERATION IN 77 INDUSTRIES, 1895 AND 1896.

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A comparison of the two years 1895 and 1896 shows that in each of the 9 leading industries there was a decline in the proportion of business done in the latter year. Of the 77 industries represented, only 17 exhibited an increase. The production in the 9 leading industries in 1896 ranged from 56.78 to 77.33 per cent of the full capacity of the establishments. The average proportion of business done in all estab lishments in 1895 is represented by 62.56 per cent and in 1896 by 58.98 per cent.

There was also a falling off in the number of days in operation in 1896 as compared with 1895 in each of the 9 leading industries and in all the establishments taken in the aggregate. Only 18 of the 77 industries show an increase in the number of days worked. While the total number of working days in 1896, exclusive of Sundays and holidays, was 307, the average days worked in all the industries taken in the aggregate was 279.43.

The next table presents the actual product per $1,000 of capital invested in each of the 9 leading industries, the average product per employee, the percentages of industry product paid in wages, and the percentages devoted to other expenses.

The largest industry product per $1,000 of capital invested is found in the boot and shoe industry, $1,703.92, while the smallest, $326.37, is found in the cotton goods industry. With respect to the industry product per employee, the machines and machinery industry leads with $1,003.15. The cotton goods industry again ranks lowest with regard to this point, the industry product per employee being $472.06. When the percentage of industry product paid in wages is considered, the cotton goods industry leads, the percentage being 79.19, and the paper and paper goods industry ranks lowest, the percentage being 47,52.

INDUSTRY PRODUCT, WAGES, AND PROFIT AND EXPENSES IN 9 SPECIFIED INDUSTRIES, 1896.

By industry product" is meant the actual result of the productive forces in the industry; that is, the added value created above the value of stock and materials consumed. The values presented in this table under the designation industry product" are obtained by deducting from the total value of goods made and work done in each industry the value of stock used, the difference being added valite or actual product due to the industry. In the division of the proceeds of each industry, one part of this industry product is paid to the labor force in the form of wages, this being labor's share of the product. The balance constitutes a fund from which are paid freights, insurance, interest on loans (credit capital), interest on stock (fixed or invested capital), rents, commissions, salaries, etc.; in fact, all expenses other than those for stock and wages. The remainder, if any, is the profit of the employer. The entire balance of the industry product remaining after the deduction of the amount paid in wages becomes a "profit and minor expense fund," and is thus designated in the table. Of course it will be understood that the term "minor expense" is relative. The expenses paid ont of this balance are in themselves considerable in amount, and are only to be classed as minor in comparison with the generally larger amounts expended for materials (stock) and wages.]

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The following table shows the increase or decrease in the value of goods made and work done each year, as shown by former published reports, beginning with the year 1886:

INCREASE OR DECREASE IN VALUE OF GOODS MADE AND WORK DONE, BY COMPARATIVE YEARS 1886 to 1890.

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RECENT FOREIGN STATISTICAL PUBLICATIONS.

FRANCE.

Note sur le Minimum de Salaire dans les Travaux Publics en Angleterre, en Belgique, en Hollande, en Suisse, aux États-Unis et en France. Office du Travail, Ministère du Commerce, de l'Industrie, des Postes et des Télégraphes. 1897. 129 pp.

This report consists of an analysis of official documents relating to the subject of minimum wages paid to employees on public works, or in the public service, in England, Belgium, Holland, Switzerland, the United States, and France, and is published by the Bureau of Labor of France at the request of the superior council of labor (conseil supérieur du travail). The report further consists of extracts of laws and regulations of the various countries, States, and municipalities which relate to the fixing of minimum wages and the hours of labor, of reports of parliamentary and other commissions which have investigated this subject, of proposed laws and regulations, and of other similar documents.

NEW ZEALAND.

Sixth Annual Report of the Department of Labor of New Zealand. For the year ending March 31, 1897. Hon. R. J. Seddon, Minister of Labor. xxviii, 55 pp.

This report contains an introduction, 28 pages; statistics concerning persons assisted by the Department of Labor, 7 pages; accounts of accidents and legal decisions, etc., under the factories act, 4 pages; number and wages of employees in factories, 40 pages; number and wages of employees in railway workshops, 2 pages; report on accommodations provided for sheep shearers, 2 pages.

INTRODUCTION.-This part of the report consists of a review of the condition of the labor market and of conciliation and arbitration dur ing the year, discussions on the subjects of the shop and shop assistants' act, hours of labor in factories and shops, workmen's compensation, the servants' registry act, and domestic servants. It also contains individual reports of local inspectors of factories and of agents of the Department of Labor.

A steady advance is shown both in wages and employment during the year. There has been a falling off in the number of the unemployed assisted to the extent of about one-half of those aided in each of the years 1893, 1894, and 1895. The number of persons employed in factories and workshops has increased by several thousand, and the appli cations to work overtime granted to those already in employment have largely increased.

PERSONS ASSISTED.-Detailed tables are presented showing by occupations and localities the number of persons assisted by the department in obtaining employment, their conjugal condition, nature of employment given, whether public or private, number of dependents, number of months unemployed, and cause of failure to obtain work.

The total number of persons assisted during the year was 1,718, and their dependents numbered 4,719. Of the dependents, 1,083 were wives, 3,437 were children, and 199 were parents and other relatives. Of the persons assisted, 652 were sent to private employment and 1,066 to Government works. The cause for failure to get employment was slackness of trade in 1,701 cases and sickness in 17 cases. Thirty-seven families, consisting of 37 wives and 67 children, were sent to workmen. The following table shows the number of persons assisted, and their dependents, for each year since the founding of the department:

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EMPLOYEES IN FACTORIES.-The statistical tables presented cover all employees coming under the factories' act during the fiscal year. They show by localities and industries the number, sex, and average weekly wages of all employees, and also the ages of those of 20 years and under. There were during the fiscal year 36,918 persons employed in 5,177 factories. This is an increase of 4,531 in the number of employees and of 530 in the number of factories.

EMPLOYEES IN RAILWAY WORKSHOPS.-The statistics presented for employees in railway workshops are of a character similar to those for employees in factories. During the fiscal year 916 men and 137 apprentices were employed in the railway workshops and maintenance depots.

DECISIONS OF COURTS AFFECTING LABOR.

[This subject, begun in Bulletin No. 2, has been continued in successive issues. All material parts of the decisions are reproduced in the words of the courts, indicated when short by quotation marks and when long by being printed solid. In order to save space, immaterial matter, needed simply by way of explanation, is given in the words of the editorial reviser.]

DECISIONS UNDER STATUTORY LAW.

CONSTITUTIONALITY OF STATUTE-HOURS OF LABOR-Holden v. Hardy and State v. Holden, 46 Pacific Reporter, pages 756 and 1105.—In the above cases, appearing on page 387 of Bulletin No. 10 and page 508 of Bulletin No. 11 of the Department of Labor, the constitutionality of chapter 62, Laws of Utah of 1896, making eight hours a legal day's labor in mines, smelters, etc., was affirmed by the supreme court of the State. The cases were then brought before the Supreme Court of the United States, which rendered its decision February 28, 1898, sustaining the decisions of the State court. A full report of the case will appear in a forthcoming Bulletin.

CONSTITUTIONALITY OF STATUTE-TAX ON FOREIGN-BORN UNNATURALIZED LABORERS-Fraser v. McConway and Torley Company, 82 Federal Reporter, page 257.-This suit was brought in the United States circuit court for the district of Pennsylvania by John Fraser, a subject of the Queen of Great Britain, against the above-named company, a Pennsylvania corporation. The cause of action arose under act No. 139, Laws of Pennsylvania of 1897, the title of which reads as follows:

Regulating the employment of foreign-born unnaturalized male persons over twenty-one years of age, and providing a tax on the employers of such persons, and prescribing a penalty for violation of the provisions of said act, and directing the manner of collecting the same, and providing that the amount of such tax may be deducted from the wages of persons affected by the provisions hereof.

The circuit court rendered its decision August 26, 1897, and decided that the act was unconstitutional. A statement of the facts in the case appears in the following opinion of the circuit court, delivered by Circuit Judge Acheson:

The first section of an act of assembly of the State of Pennsylvania approved the 15th day of June, 1897, provides:

That all persons, firms, associations or corporations employing one or more foreign-born unnaturalized male persons over twenty-one years of age within this Commonwealth, shall be and are hereby taxed at the rate of three cents per day for each day each of such foreign-born unnaturalized male persons may be employed, which tax shall be paid into the respective county treasuries; one half of which tax to be distributed among the respective school districts of each county, in proportion to

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