section shall be liable on conviction thereof to a fine not exceeding one hundred pounds for each such contravention.

Provided that in any case in which the employment of persons to work railway signals or points, or as engine drivers, firemen, or quards, or in shunting, for longer periods than is permitted by this section is by reason of some special and unforeseen emergency necessary for the public safety, it shall be lawful for a Secretary of State, on a report made within seven days by the General Manager or Secretary of the Railway Company acting in contravention of this section, to direct that no legal proceedings should be taken in the case of the particular contravention so reported.

A list of the cases in which any such direction has been issued by a Secretary of State under this section shall be laid before both Houses of Parliament once in each year.

The Amalgamated Society of Railway Servants strongly supports the immediate restriction by law of their present excessive hours. The General Railway Workers' Union has been formed mainly to secure this boon. Particulars of their over-work are given in the official return, H. L. 33 of 1889 (6d.). It is generally admitted that considerations of public safety, especially in the case of signalmen and pointsmen, clearly warrant prompt public intervention; and the Railways' Regulation Act of 1889 (52 and 53 Vic., c. 57, sec. 4) recognises this principle by requiring an annual return of cases in which any man has been Continuously employed for more than a number of hours to be specified by the Board of Trade.

This clause will only apply to certain classes of railway servants, in whose cases the consideration of public safety is most prominent. Other railway servants can obtain a legal limitation of their hours of labour under clause 7 (trade option).

A precedent for the legal limitation of the hours of railway servants is given by the State of Minnesota, where the law forbids the employment of locomotive engineers or firemen for more than eighteen hours in one day! (First Annual Report of Federal Commissioner of Labour, 1886, p. 469.)

For Miners.

6. No person shall be employed under ground for hire in any mine for a longer period than eight hours in any one day, nor than forty-eight hours in any one week.

The period of employment under ground in a mine shall, for the purpose of this section, be deemed to be the whole period from the time of leaving the surface of the ground to descend the mine, to the time of return to the surface of the ground after cessation of work.

The manager of any mine employing or permitting to be employed any person in contravention of this section shall, on conviction thereof, be liable to a fine not exceeding one hundred pounds for each such contravention.

In any cases in which, through accident or other unforeseen emergency, any person may be employed under ground for a longer period than is prescribed by this section, a special report may, within seven days thereof, be made to a Secretary of State by the manager of the mine, and a Secretary of State may, if he thinks fit, thereupon direct that no prosecution shall be instituted in respect of the particular offence so reported.

A list of the cases in which such direction has been issued by a Secretary of State under this section shall be laid before both Houses of Parliament once in each year.

This section shall be read as one with, and be deemed to be incorporated in, the Coal Mines Regulation Act, 1887, and the Metalliferous Mines Act, 1872.

The

Labour in mines is already subject to a special code of law, dating from 1842; but boys of twelve work under ground (half-time), and youths and men are not protected from having to remain at work under ground for long hours. coal hewers in Northumberland, Durham, and the East of Scotland have already brought down their working hours; but elsewhere they still often work much longer than eight hours under ground; and the accessory workers in the mine are usually even less fortunate. It is computed that less than a fourth of the coal miners yet enjoy an Eight Hours Day. They are practically unanimous in favour of the " eight hours movement": their National Conference at Birmingham in October, 1889, passed the resolution in its favour by 93 to 13 (see Times report, October 12, 1889), and was cordially in favour of Mr. Cunninghame Graham's Bill. A clause limiting the hours of work under ground to eight per day was proposed in Committee of the House of Commons on the "Coal Mines Regulation Act, 1887," and was only rejected by 105 votes (see Hansard, vol. 319, pp. 899-912), although the "labour members" declined to vote in the absence of a "mandate." Since then the Trades Union Congress has voted by a large majority "an Eight Hours Bill for Miners" (Times report of Dundee meeting, 7th September, 1889). The Miners' National Conference again affirmed their demand for legislation at their meeting in February, 1890, and at their April meeting they censured the Parliamentary Committee of the Trades Union Congress for its neglect to act on the Dundee mandate.

The clause will not apply to Cornish or other miners not employed for hire, who work as "adventurers on their own account.

The legal limitation of the hours of adult labour in mines is not without precedent. In Austria no shift may exceed twelve hours; in France the 1848 legal maximum of twelve hours is fully effective as regards mines (see C—5866, pp. 2 and 17); in the United States the Maryland Act of 1886 fixes the maximum hours of miners at ten per day, "unless by special contract (p. 466 of First Annual Report of Federal Commissioner of Labour, 1886; compare p. 55 of C-5686).

By Trade Option.

7. Where it is proved to the satisfaction of a Secretary of State that a majority of the persons employed throughout the United Kingdom in any one trade or occupation are in favour of the maximum hours of labour per week in that trade or occupation being fixed by law, or, if already so fixed, being altered by law, he shall by order made under this part of the Act declare a maximum number of hours per day or per week for such trade or occupation, and after the expiration of three months from the date of publication of such order any person employed in contravention thereof shall be deemed to be employed in contravention of this Act, and the person so employing him or permitting him to be so employed shall be liable on conviction thereof to a fine not exceeding ten pounds for each such contravention.

A Secretary of State shall have power, in order to satisfy himself of the desire of the persons employed in any trade or occupation as aforesaid, to cause a public enquiry to be held in the principal district or districts in which such trade or occupation is carried on, or to cause a poll to be taken of the persons employed in such trade or occupation, or to take such other means as he may deem fit.

For the purpose of this section, persons employed in any trade or occupation shall be taken to mean all persons employed for hire, or actually performing labour in any capacity, in such trade or

occupation, whether already subject to the provisions of the Factory and Workshop Act, 1878, or of this Act, or not.

No order made in pursuance of this section shall declare a maximum number of hours of labour per week in excess of fifty-four.

It shall be the duty of a Secretary of State to institute an enquiry, in such manner as he may deem fit with a view to the consideration of the expediency of making an order under this part of the Act, in each of the following cases; viz.-—

(a) Whenever he shall have reason to believe that excessive hours of labour prevail in any trade or occupation.

(b) Whenever he shall be requested to do so by the Committee or other Executive body of any duly registered trades union, or, in the case of there being no duly registered trades union in the trade or occupation in respect of which the application is made, by the Committee or other Executive body of any trades council, trades union congress, or other association or federation of trades unions.

Provided that a Secretary of State shall not, except for special reasons approved by him, institute any such enquiry within a period of twelve months from the date of the holding of any previous enquiry in respect of the same trade or occupation.

This clause enables the legal limitation of the hours of labour to be introduced in any trade as soon as a majority of the workers desire it. It provides for the case in which a majority of the workers are compelled to work against their wish, by the obstinacy or disloyalty of the minority, which prevents an effective strike. In such a case, as John Stuart Mill pointed out (Principles of Political Economy, book v., ch. xi., § 12, p. 581-2), the interference of law is required. On similar grounds Mill supported the continuance of the legal enforcement of a weekly day of rest (Mill's Liberty, p. 53, cheap edition). The principle has received the endorsement of Professor Henry Sidgwick (Principles of Political Economy, book iii., ch. ii., p. 422, 1883).

The clause could not practically be put in force in any trade until a prolonged discussion had convinced a considerable majority of the workers of its advantage; and by that time the minority would have become prepared to acquiesce in the law, and the employers would have been able to make arrangements to avoid any inconvenience from the change.

The clause provides that the labourers, and all other workers in the trade, should be able to take part in the decision and share in the benefit. By this means the advantages which the skilled and organized workers can now sometimes obtain by combination, would be extended to their less fortunate colleagues.

The employer, if actually performing labour in the trade, is not excluded from participation in the decision.

The benefits of the clause are available for the workers in the occupations specially provided for in clauses, 4, 5, 6 and 8, if they like to exercise their option.

By providing that the initiative may be taken by the workers themselves approaching the Home Secretary through some representative organization of their own, the clause will promote the organization of labour, and make the aid of the State practically conditional upon the workers first using their opportunities of self-help, as far as is either possible or-having regard to the interests of the rest of the community-socially expedient. At the same time it permits the Home Secretary to step in to the relief of those exceptionally unfortunate workers who, by their condition or the circumstances of their employment, are hindered from associating for the purpose of discussing their position.

The final decision, which must necessarily be given to some public officer, is left with a Secretary of State (meaning the Home Secretary), because his subordination to the House of Commons affords, at present, the only practicable

means of exercising public supervision and control over the award; and because he is the officer entrusted with the general administration of the Factory Acts.

There are various precedents, besides those cited in the notes to clauses 4, 5 and 8, for the legal limitation of the hours of adult male workers. Austrian law limits the hours in factories to eleven per day for men as well as women, with certain exceptional extensions: Hungary enforces meal times and relief for night shifts. The French law of 1848, prescribing a universal maximum of twelve hours, is still in force, though modified by Imperial Decrees: by Circular of 25 Nov., 1885, it was held to apply to all factories employing power, and having twenty hands in any one shed. Switzerland forbids work for more than eleven hours a day, less an hour for meals, with permission to apply for special exceptions not exceeding a fortnight. (Foreign Office Reports, C-5866). The legal prohibition of labour on Sundays is very general. The labour of adult women is usually specially regulated.

66

It is now widely admitted that there is no insuperable objection in principle to regulating male adult labour. Jevons (late Professor of Political Economy at University College, London) sums up the matter in his book "The State in Relation to Labour" (p. 65), referring to the incipient movement for an 'Eight Hours Bill." "I see nothing, therefore, to forbid the State interfering in the "matter if it could be clearly shown that the existing customs are injurious "to health, and that there is no other probable remedy. Neither principle, experience or precedent, in other cases of legislation, prevents us from con'templating the idea of state interference in such circumstances."

By local option for monopolies.

8. The Council for the administrative county of London, and elsewhere the sanitary authority, shall have power to make, and from time to time to amend, bye-laws restricting the hours of labour of persons employed for hire in or in connection with any docks, harbours, tramways, telephones, markets, establishments for the supply of electric light, or of electric or hydraulic power, gasworks and waterworks, within the area under its jurisdiction, whether owned by a public authority or not.

Any bye-laws made in pursuance of this section shall be submitted for confirmation to a Secretary of State, and shall, when confirmed by him, be deemed to be incorporated in this Act: provided that no such bye-law shall fix a maximum number of hours of labour in excess of fifty-four per week.

Local monopolies, where still administered for private profit, are clearly subjects for local regulation, and no fear of foreign competition need hinder the legal limitation of the hours of labour in connection with them. Where they are already administered by a public authority clause 4 will apply. Huddersfield Town Council, which is the only public authority working its own tramways, has already instituted an Eight Hours Day for its tramway servants.

The

As regards tramways and elevated railways, a precedent is afforded by the law of the State of New York, which limits the working hours to ten per day. New Jersey has a legal maximum of twelve hours, "with reasonable time for meals." The limit in Maryland is twelve hours per day.

Glasgow Corporation, in leasing out its tramway lines, prescribes ten hours as the maximum average work per day (and see note to clause 11).

In all new enterprises under Parliamentary powers.

9. No person or company, other than those to whom Section 5 or 6 of this Act is applicable, hereafter obtaining statutory powers or privileges of any description by private or local Act of Parliament, shall employ any person for hire for more than forty-eight hours in

any one week, and this section shall be deemed to be incorporated in every subsequent private or local Act of Parliament granting statutory powers or privileges of any description to any such person or company that employs labour of any description for hire, and to apply to all the operations of the said person or company under statutory powers of privileges, whether by that or any other Act.

Any person, or the principal manager or other chief officer of any company, employing or allowing to be employed any person in contravention of this section shall be liable to a fine not exceeding one hundred pounds for each such contravention.

Parliament may fairly determine the conditions upon which it will accord special powers or privileges by Act of Parliament. Mines and Railways are dealt with in clauses 5 and 6, and are therefore excluded from the operation of this clause. This proposal received the adherence in principle, of the London Trades Council and the great "Eight Hours Demonstration in London on 4th May, 1890.

In view of the diverse occupations and localities to which the clause will apply, it seems better to enforce only the weekly maximum, so as to allow some daily latitude where convenient.

This limitation has been inserted in various Tramway Acts in Victoria. (Sir C. Dilke's "Problems of Greater Britain, vol. ii., p. 286).

For young persons.

10. No child or young person under fifteen years of age shall be employed for hire in any trade or occupation whatsoever for more than five hours in any one day, nor for more than thirty hours in any one week.

The provisions of sections 12, 14, 16 and 23 to 25, inclusive, of the Factory and Workshop Act, 1878, relating to children employed in factories or workshops, shall apply also to children and to young persons under fifteen years of age, employed for hire in any trade or occupation whatsoever; and such young persons shall for the purposes of the Elementary Education Acts and the Technical Education Act, 1889, be deemed to be children of school age.

Section 26 of the Factory and Workshop Act, 1878, is hereby repealed.

This clause makes the "half-time' law, now applying nominally to children under fourteen, apply also to those under fifteen. It also abolishes the exception recognised by sec. 26 of the Factory Act of 1878, by which children between thirteen and fourteen can go to work" full time," and otherwise escape the protection of the Act, provided they have passed a prescribed educational standard (at present Standard IV. See the First Schedule to the Act 43 and 44 Vic., c. 23).

The repeal of this exception, and the raising of the "half-time" age, are strongly urged by medical and educational authorities. France, the Colony of Victoria, and the States of Maine and New Jersey require, at any rate, partial education up to fifteen; Massachusetts, New Hampshire, and Pennsylvania up to sixteen years of age (see note to clause 13). The Berlin Labour Conference emphatically adopted a similar principle.