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of playtime and growth by the harden- When the boys come on in the spring, ing exactions of such a daily routine, is whose places do they take at the coal to doom him to a gray monotony of un- chute? The fact is, a boy of twelve, inspiring prospect from which beauty, working for fifty or sixty cents a day, art, joy in labor, hope of better things, can do as much work in some parts of the are forever shut out.

breaker as a man who would demand one If these were isolated instances of pre- dollar a day. The law of supply and demature child labor, there would still re- mand explains the rest. main cause for a protest against that Again, we should fall into error were which sacrifices life for gold; for the prog- we to conclude that the coal operator is ress of the race waits breathless upon greedy above other employers. He is a the unfolding of every human life. But business man facing the problems of the this appropriation of the days of child- business world. Competition with other hood to the service of material gain is a producers is keen. The appetite of his settled policy of the coal region, against stockholders for dividends is insatiable. which the best public sentiment has The obvious duty of the superintendent hardly ventured to express disapproval. of any department in the concern is to Those who do not participate in the cus- get the work done as efficiently and tom still condone it with the mature wis- cheaply as possible. Frequently emdom that “the children are better off ployers, when questioned regarding certhan they would be running the streets." tain little boys in the breaker, have re

It is not denied that shiftless and dis- plied with unconcern: “We have their solute parents add to the volume of child certificates of age all right. That lets labor, here as elsewhere. One will see

us out!" fine, manly boys, who have never at- The sense of social responsibility is tended school with any regularity, and slowly dawning. We are beginning to who have been the main breadwinners learn that nothing comes to our convenof the family from eight, ten, or eleven ience or comfort without sacrifice someyears of age, and who, in addition to the where in the process. Society is rising hard toil of the mine, begin and end their from the plane in which a cash payment day carrying a pail of beer from the sa- for goods was regarded as the final disloon for the physical comfort of their charge of obligation, and coming to recthirsty parents. But the number of ognize that we have not discharged all parents who place their personal comfort duty, or made full payment for goods, above the welfare of their children is not until we have done our utmost to secure large, and it is believed that a reasonable to every person engaged in their preparaeffort to point to the advantages of an tion a fair reward for service, a full share elementary education, and to disclose of liberty, and an adequate opportunity the injurious effects of too early employ- for the complete development of body ment, will meet with a ready response and mind to symmetrical maturity. among a people as kind-hearted and gen- That the individual can fulfill this soerous as are to be found in any common- cial obligation alone is not expected, but wealth.

that society must discover methods by The third factor contributing to the which we can be fed and clothed and volume of child labor in this region is the warmed without oppression or injustice attitude of the employer.

One is every

is fundamental to democracy. Let the where assured that these children work housekeeper who next becomes annoyed in the breakers only during the summer by a “clinker" in the range or furnace months, beginning in April and return- pause in his anger long enough to rememing to school when the snow falls. This ber that the "clinker" is now his probis true of many of the boys, yet the lem because it.escaped the eyes of some breaker continues to run and the slate is ten or eleven year old slate-picker, bent picked from the coal at all seasons of the for nine hours above the dusty chute, year. If the boys are not there in win- peering by the aid of a smoking whaleter, by whom is the work performed ? oil lamp into the black shadows that

creep across the fair face of all his days.

At the recent session of the Pennsylvania legislature two laws were enacted, one governing employment in the mining industry, the second covering other forms of gainful occupation. Both establish a fourteen-year age limit, require proof of age to accompany the sworn statement of the parent, and place in the hands of school superintendents and factory inspectors the details of enforcement. If the sentiment of the people can

be aroused to the importance of the protection of the children, if school systems can be adapted to the realized needs of

these communities, and if parents can be led to place the coming years above the material advantage of the passing day, there is brightness in store for the children of the mining communities which at present is unknown. For, while many of these boys are full of the playfulness and enthusiasm of youth, there are some whose little spirits seem lost in the desert of their daily drudgery, whose environment stifles ambition, and who stand, at the close of the day, with a culm bank for a background and a bewildered gaze toward a future barren of inspiration or hope.

TEXAS ANTI-TRUST LAW VALID.

vere

“To pass

Does Not Apply to Combinations of Laborers or Professional Men. It will no doubt be recalled by many If the agreement entered into infringes that when the present Anti-Trust Law the anti-trust statute of this State, it of Texas was before the Legislature for

must fall within the terms of the above

provisions. passage, grave doubts were entertained

1. The Supreme Court of Texas, in by many members of organized labor of the case of the Queen Insurance Comthe entire sincerity of those who we pany et al. vs. the State, 86 Texas, 250,

held that the word "trade" in the statadvocating the measure. Many claimed it was a direct stab at trades unions,

ute, as used, is synonymous with “traf

fic. In this sense it embraces the buyand much opposition and a good deal of ing and selling of any article of comfeeling resulted. The attorney general merce. The services of a physician is of the state gave a lengthy elaboration

not a commodity that could become a of what it was hoped the law would do,

subject of trade or traffic, within the

meaning of those terms. and that view of the advocates of the Webster's International Dictionary law has been sustained thus far.

defines “traffic" as follows: Recently the Llano-Mason Medical

goods and commodities from one person Society asked the Attorney General if

to another, for an equivalent in goods or

money, to buy or sell goods, to barter, an agreement, fixing a schedule of fees, to trade.' Hence, it is obvious that the was a violation of the anti-trust laws of agreement can not be held to be a comthe State. To this question Mr. Jewel

bination to create or carry out restric

tions in trade. P. Lightfoot, special Assistant Attorney

2. General, made the following reply:

Is the agreement a restriction in

the free pursuit of any business authorYou are respectfully advised that Art. ized by law? Obviously, this clause was 5313 of the Revised Statutes, Sec. 1, intended to apply to such restrictions as provides that a trust is a combination of grow out of combinations and acts capital, skill or acts by two or more per whereby persons are hindered or presons, firms, corporations or association vented by force, intimidation, coercion, of persons, or either two or more of them threats or other unlawful means from for either, any or all of the following pur freely pursuing their vocation or busiposes: (among which are):

ness, and was not intended, nor does it (1) To create, or which may tend to apply, to laborers or professional men create, or carry out restrictions in trade who may combine for the purpose of se

or (2) to create or carry curing increased charges or fees for serout restrictions in the free pursuit of any vices rendered. (Insurance Company business authorized or permitted by the vs. State, 86 Tex., 250.) laws of this State.

It is not a restriction in the free puis

of playtime and growth by the harden When the boys come on in the spring, ing exactions of such a daily routine, is whose places do they take at the coal to doom him to a gray monotony of un chute? The fact is, a boy of twelve, inspiring prospect from which beauty, working for fifty or sixty cents a day, art, joy in labor, hope of better things, can do as much work in some parts of the are forever shut out.

breaker as a man who would demand one If these were isolated instances of pre dollar a day. The law of supply and demature child labor, there would still re mand explains the rest. main cause for a protest against that Again, we should fall into error were which sacrifices life for gold; for the prog we to conclude that the coal operator is ress of the race waits breathless upon greedy above other employers. He is a the unfolding of every human life. But business man facing the problems of the this appropriation of the days of child business world. Competition with other hood to the service of material gain is a producers is keen. The appetite of his settled policy of the coal region, against stockholders for dividends is insatiable. which the best public sentiment has The obvious duty of the superintendent hardly ventured to express disapproval. of any department in the concern is to Those who do not participate in the cus get the work done as efficiently and tom still condone it with the mature wis cheaply as possible. Frequently emdom that “the children are better off ployers, when questioned regarding certhan they would be running the streets." tain little boys in the breaker, have re

It is not denied that shiftless and dis plied with unconcern: “We have their solute parents add to the volume of child certificates of age all right. That lets labor, here as elsewhere. One will see

us out!” fine, manly boys, who have never at The sense of social responsibility is tended school with any regularity, and slowly dawning. We are beginning to who have been the main breadwinners learn that nothing comes to our convenof the family from eight, ten, or eleven ience or comfort without sacrifice someyears of age, and who, in addition to the where in the process. Society is rising hard toil of the mine, begin and end their from the plane in which a cash payment day carrying a pail of beer from the sa for goods was regarded as the final disloon for the physical comfort of their charge of obligation, and coming to recthirsty parents. But the number of ognize that we have not discharged all parents who place their personal comfort duty, or made full payment for goods, above the welfare of their children is not until we have done our utmost to secure large, and it is believed that a reasonable to every person engaged in their preparaeffort to point to the advantages of an tion a fair reward for service, a full share elementary education, and to disclose of liberty, and an adequate opportunity the injurious effects of too early employ for the complete development of body ment, will meet with a ready response and mind to symmetrical maturity. among a people as kind-hearted and gen That the individual can fulfill this soerous as are to be found in any common cial obligation alone is not expected, but wealth.

that society must discover methods by The third factor contributing to the which we can be fed and clothed and volume of child labor in this region is the warmed without oppression or injustice attitude of the employer. One is every

is fundamental to democracy. Let the where assured that these children work housekeeper who next becomes annoyed in the breakers only during the summer by a “clinker" in the range or furnace months, beginning in April and return pause in his anger long enough to rememing to school when the snow falls. This ber that the “clinker" is now his probis true of many of the boys, yet the lem because it.escaped the eyes of some breaker continues to run and the slate is ten or eleven year old slate-picker, bent picked from the coal at all seasons of the for nine hours above the dusty chute, year. If the boys are not there in win- peering by the aid of a smoking whaleter, by whom is the work performed? oil lamp into the black shadows that

creep across the fair face of all his days. these communities, and if parents can be

At the recent session of the Pennsyl led to place the coming years above the vania legislature two laws were enacted, material advantage of the passing day, one governing employment in the mining there is brightness in store for the chilindustry, the second covering other forms dren of the mining communities which of gainful occupation. Both esta blish at present is unknown. For, while many a fourteen-year age limit, require proof of these boys are full of the playfulness of age to accompany the sworn statement and enthusiasm of youth, there are some of the parent, and place in the hands of whose little spirits seem lost in the desert school superintendents and factory in of their daily drudgery, whose environspectors the details of enforcement. If ment stifles ambition, and who stand, at the sentiment of the people can be the close of the day, with a culm bank aroused to the importance of the pro for a background and a bewildered gaze tection of the children, if school systems toward a future barren of inspiration or can be adapted to the realized needs of hope.

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TEXAS ANTI-TRUST LAW VALID. Does Not Apply to Combinations of Laborers or Professional Men. It will no doubt be recalled by many If the agreement entered into infringes that when the present Anti-Trust Law the anti-trust statute of this State, it of Texas was before the Legislature for

must fall within the terms of the above

provisions. passage, grave doubts were entertained

1. The Supreme Court of Texas, in by many members of organized labor of the case of the Queen Insurance Comthe entire sincerity of those who were pany et al. vs. the State, 86 Texas, 250,

held that the word "trade" in the statadvocating the measure. Many claimed it was a direct stab at trades unions,

ute, as used, is synonymous with “traf

fic.' In this sense it embraces the buyand much opposition and a good deal of ing and selling of any article of comfeeling resulted. The attorney general

The services of a physician is of the state gave a lengthy elaboration

not a commodity that could become a

subject of trade or traffic, within the of what it was hoped the law would do,

meaning of those terms. and that view of the advocates of the Webster's International Dictionary law has been sustained thus far.

defines "traffic" as follows: “To pass Recently the Llano-Mason Medical

goods and commodities from one person Society asked the Attorney General if

to another, for an equivalent in goods or

money, to buy or sell goods, to barter, an agreement, fixing a schedule of fees, to trade.' Hence, it is obvious that the was a violation of the anti-trust laws of agreement can not be held to be a comthe State. To this question Mr. Jewel

bination to create or carry out restric

tions in trade. P. Lightfoot, special Assistant Attorney

2. General, made the following reply:

Is the agreement a restriction in

the free pursuit of any business authorYou are respectfully advised that Art. ized by law? Obviously this clause was 5313 of the Revised Statutes, Sec. 1, intended to apply to such restrictions as provides that a trust is a combination of

of combinations and acts capital, sk or acts by two or more per whereby persons are hindered or presons, firms, corporations or association vented by force, intimidation, coercion, of persons, or either two or more of them threats or other unlawful means from for either, any or all of the following pur freely pursuing their vocation or busiposes: (among which are):

ness, and was not intended, nor does it (1) To create, or which may tend to apply, to laborers or professional men create, or carry out restrictions in trade who may combine for the purpose of se

or (2) to create or carry curing increased charges or fees for serout restrictions in the free pursuit of any vices rendered. (Insurance Company business authorized or permitted by the vs. State, 86 Tex., 250.) laws of this State.

It is not a restriction in the free pur

grow out

suit of business for a person or combina ship Co. vs. McGregor, App. Cases, 25.)
tion of persons to refuse to render pro Under the agreement entered into by
fessional services for less than the value the members comprising the Medical So-
he or they place upon said services. A ciety, if any restrictions to a free pursuit
man has the right to value his own la of business resulted, it would merely op-
bor; the right of every man to refuse to erate as a restriction upon their own pri-
work for, deal with or associate with any vate business, and would not interfere
man or class of men, according as he with the rights of the public or any other
sees fit, is fundamental. This doctrine individual not a member of the associa-
is founded upon the fundamental right tion, nor does it prevent competition by
of every man to conduct his own busi other physicians not members of said so-
ness in his own way, subject only to the ciety.
condition that he does not interfere with You are, therefore, advised that in our
the legal rights of others, and in the right opinion the agreement referred to does
which one

man may exercise singly, not come within the terms of the anti-
many, after consultation, may agree trust statute of this State.
jointly and make simultaneous declara ments of the character named were in-
tion of their choice. This has been re hibited, it would also include labor unions
peatedly held as to associations of work which agree on the scale of wages, asso-
men and associations of men in other oc ciations of farmers who agree to hold
cupations or professions must be gov the fruits of their labor for a stipulated
erned by the same principle. (Com price, and would interfere and prevent
monwealth vs. Hunt, 4 Met., 111; Carew the free exercise of other constitutional
vs. Rutherford, 106 Mass; Mogul Steam rights not subject to legislative control.

If agree

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