cisions effectiveness. It is the fact that the decision when made after a full and fair hearing, by a fairly constituted tribunal, would be the judgment of the law and would have the sanction of public opinion that would make it acceptable.

"This, in my judgment, is our opportune time for bringing about this reform. Our state now enjoys industrial peace. Let the legislature which convenes next January provide by well considered legislation a tribunal for the trial of disputes between capital and labor, whose decrees shall be binding and enforceable. The first enactment of this character may prove defective in some details, but it can be amended from time to time as experience suggests. Even a tentative, defective law would be better than no law on a subject so vital at this. Law and order are the first conditions of good government. The lock-out is a nuisance, a menace, that must yield to the higher interests of society. The strike is a resort to barbarism. It may have served a purpose to protest against wrong; it can never afford a remedy. He who resorts to force arrays against him every interest of society, and cannot prevail. And society that relies on military to maintain order cannot long survive. The only government that is tolerable, the only government that can permanently survive, is one resting on law, just and equal to all interests and to all classes, a restraint to the strong and a protection to the weak."

PART V.

CHILD LABOR AND SUNDAY LABOR.

One of the most important, as well as the most difficult, functions of the Bureau of Labor is the enforcement of existing child labor laws. The difficulty is due to two primary causes: First, the natural operation of the law of demand and supply; second, the heterogeneous character of the laws pertaining to the subject. The latter is best seen by reviewing the existing statutory provisions.

The first law was enacted in 1895, being embodied in chapter 171 of the General Laws of Minnesota for that year. Its provisions, in brief, are as follows:

No child under fourteen years of age shall be employed at any time in any factory or workshop, or about any mine; and no such child shall be employed outside of his own family before seven o'clock in the morning nor after six o'clock in the evening.

No child under the age below which all children are by law required to attend school (from eight to sixteen) shall be employed at any occupation unless he has attended, since his last birthday, some school for at least a period of time equal to that required by law (three months).

The officers of the Bureau of Labor may require a physician's certificate of physical fitness before permitting any child to be employed.

No child under sixteen years of age who cannot read and write simple sentences in the English language shall be employed, except during vacation, in indoor occupations, unless regularly attending day or evening school.

Provided, that if it can be proved to the satisfaction of a trial court that the labor of children over twelve and under fourteen who are able to read and write the English language, or of children over fourteen unable to read or write English, is necessary for the support or said children or families to which they belong, such children may be employed without regard to the foregoing provisions.

No child under sixteen shall be permitted to have the care or management of any elevator, and no person under eighteen shall be permitted to operate any elevator run at a speed of over 200 feet per minute.

No child actually or apparently under sixteen shall be employed in any factory, workshop or mercantile establishment, nor in the service of any public telegraph, telephone or district messenger company, unless the employer keeps on file a certificate containing a sworn or verified statement of the child's name, birthplace, date of birth and age. Said certificate also to contain a sworn or verified statement that the child can read at sight and write legible sentences in English, or that the child has been excused from school attendance by the school superintendent or school board, or that the child has attended school since its last birthday the length of time required by law (three months).

The age certificate must be signed by parent or guardian; the excuse by the school authorities, or, in cities, by the superintendent of schools or his authorize representatives.

Parents or guardians making false statements, or permitting the employment of their children contrary to any of the foregoing provisions, shall be held guilty of a misdemeanor and be punishable by a fine of not less than twenty dollars nor more than fifty dollars for each offense.

Any employer failing to produce the certificate above specified, upon demand of officers of the Bureau of Labor, or employing children contrary to any of the above provisions, shall, upon conviction, be fined not less than twenty dollars nor more than fifty dollars for each offense.

In 1897 the above provisions were amended as follows:

The first paragraph was changed so as to read that no child under fourteen shall be employed at any time in any factory or workshop, or about any mine, nor in any mercantile establishment, telegraph, telephone or public messenger service, except during vacation of public schools. There was also added the provision that no child under sixteen shall be employed at any occupation dangerous or injurious to life, limb, health or morals, nor at any labor outside of the child's family before six o'clock in the morning or after seven o'clock in the evening, nor more than ten hours in one day, nor more than sixty hours in one week, with the exceptions, however, that children not under fourteen may be employed in mercantile establishments on Saturdays and for ten days before Christmas until ten o'clock in the evening, provided that no child shall be allowed to work more than ten hours in any one day nor more than sixty hours in any one week.

The provision of the former law relating to excuses was also changed so as to read that the school board or school trustees may, in their discretion, issue a permit or excuse authorizing the employment of minors, otherwise debarred by law, within such time limit as they may fix.

In 1899 another law, (chapter 226) was enacted, providing, among other things, that parents, guardians or other persons having control of children between the ages of eight and sixteen years shall send the same to some public, parochial or private school in each year during the entire time the public schools of the district are in session; provided, however, that such children may be excused from such attendance for the whole or any part of such period by the school board or board of education upon its being shown: (1) That such parent or guardian is not able to clothe such child properly; or (2) that such child's physical or mental condition unfits it for such school attendance; or (3) that such child is taught at home in the branches taught at school, subject to examination at such school; or (4) that such child has already acquired the ordinary branches required by law; or (5) that such child is actually engaged in some useful occupation, employment or service permitted by law.

The compulsory education law, which has been in force since 1885, requires parents and guardians to send children, between the ages of eight and sixteen years, to a public or private school taught by a competent instructor, for at least twelve weeks in each year, of which time at least six weeks must be consecutive; provided, however, that such children may be excused from such attendance by the school board or board of education on the grounds (1) of extreme poverty, (2) physical or mental disqualification, (3) adequate instruction at home, (4) sufficient common school education, (5) absence of school within two miles of residence.

Failure on the part of parents or guardians to send children to school as herein required (unless legally excused), is a misdemeanor, punishable by a fine of not less than ten dollars nor more than twentyfive for the first offense, and not less than twenty-five nor more than fifty for subsequent offenses, said fines to revert to the com mon school funds of the county in which offense is committed.

Such, in brief, are the various state laws governing the education and employment of children under sixteen years of age, and it is not to be wondered at that they have been subject to various constructions and caused much confusion even to those willing to observe them. It is only through a knowledge of them all that a correct understanding of their provisions can be obtained, and such complete knowledge of various laws on one subject is scarcely to be looked for outside of the legal profession.

It will be noticed that the law of 1895 provided that no child under fourteen should be permitted to work outside of his own family before seven o'clock in the morning nor after six o'clock in the evening. In the law of 1897 this provision was made to apply to children under sixteen, instead of under fourteen years, and the hour limitation was changed to 6 a. m. and 7 p. m.

The law of 1895 provided that children between the ages of twelve and fourteen might be excused from school attendance and permitted to work, upon certain conditions being shown to the satisfaction of "the court." In 1897 this paragraph was superseded by another which eliminated this clause, and which by its wording made it possible for the school authorities to excuse any child between the ages of eight and sixteen years, provided satisfactory reasons for doing so were shown. And this provision was further confirmed by an act of 1899 (chapter 226), which authorized, upon specified grounds, the excuse of any child during all or part of the time which said child is by law required to attend school, and inasmuch as the compulsory education law specifies this time to be between the child's eighth and sixteenth birthday, it follows that an excuse may be granted to a child at any time after its eighth birthday. But another provision says that no child under fourteen years of age can be employed at any time in any factory, workshop, or about any mine; nor, during session of public schools, in any mercantile establishment, nor in any telegraph, telephone or public messenger service.

The compulsory education law of 1885, and the laws of 1895 and 1897, regulating the employment of children, specify twelve weeks,