Whether in the making, the confirming, or the administering of laws, the trade unions form the most important channel through which the wishes of the workers can be expressed. Organized labor does not speak only for trade unionists; it necessarily, in almost every case, speaks for the unorganized as well, partly because the needs of both are usually the same, and partly because there is no possible method by which the wishes of the working people can be ascertained, save through the accepted representatives of the organized portion of the workers.
An excellent illustration of how business can and does adjust itself to meet changing legal demands is seen in what happened when the Ten-Hour Law came in force in the state of Illinois in July, 1909.
The women clerks on the elevated railroads of Chicago, who had been in the habit of working twelve hours a day for seven days a week at $1.75 a day, were threatened with dismissal, and replacement by men. But what happened? At first they had to accept as a compromise a temporary arrangement under which they received eleven hours' pay for ten hours' work. Their places were not, however, filled by men, and now, they are receiving for their ten-hour day $1.90 or 15 cents more than they had previously been paid for a twelve-hour day, and in addition they now are given every third Sunday off duty. This showed the good results of the law, particularly when there was a strong organization behind the workers. Mercantile establishments came in under the amended Ten-hour Law two years later.
The new law was, on the whole, wonderfully well observed in Chicago, and as far as I have been able to learn, in the smaller towns as well. There were some violations discovered, and plenty more, doubtless, remained undiscovered. But the defaulting employers must have been very few compared with the great majority of those who met its requirement faithfully and intelligently. The proprietors and managers of the large Chicago department stores, for instance, worked out beforehand a plan of shifts by which they were able to handle the Christmas trade, satisfy their customers, and at the same time, dismiss each set of girls at the end of their ten-hour period. To meet the necessities of the case a staff of extra hands was engaged by each of the large department stores. This was a common arrangement. The regular girls worked from half-past eight till seven o'clock, with time off for lunch. The extra hands came on in the forenoon at eleven o'clock and worked till ten in the evening, with supper-time off. Certain of the stores varied the plan somewhat, by giving two hours for lunch. These long recesses are not without their disadvantages. They mean still a very long day on the stretch, and besides, where is a girl to spend the two hours? She cannot go home, and it is against the law for her to be in the store, for in the eye of the law, if she remains on the premises, she is presumably at work, and if at work, therefore being kept longer than the legal ten hours.
That a law which had been so vigorously opposed should on the whole have been observed so faithfully in the second largest city in the United States, that it should in that city have stood the test, at its very initiation, of the rush season, is a fact full of hope and encouragement for all who are endeavoring to have our laws keep pace with ideals of common justice.
Some time afterwards the constitutionality of the law was tested in the courts. Since then, complaints have died away. There is no record of trading establishments having been compelled to remove to another state, and we no longer even hear of its being a ruinous handicap to resident manufacturers. Even reactionary employers are now chiefly concerned in putting off the impending evil, as they regard it, of an eight-hour day, which they know cannot be very far off, as it has already arrived on the Pacific Coast.
If the acquiescence of Illinois employers was satisfactory, the effect upon the girls was remarkable and exceeded expectations. During that Christmas week, the clerks were tired, of course, but they were not in the state of exhaustion, collapse, and physical and nervous depletion, which they had experienced in previous years. This bodily salvation had been expected. It was what organized women had pleaded for and bargained for, what the defending lawyers, Mr. Louis D. Brandeis and Mr. William J. Calhoun had urged upon the judges, when the Supreme Court of Illinois had been earlier called upon to pass upon the validity of the original ten-hour law, although department-store employés had not been included within the scope of its protection.
But the girls were more than not merely worn-out to the point of exhaustion. Most of them were more alive than they had ever been since first they started clerking. They were happy, and surprised beyond measure at their own good fortune. Those juniors who could just remember how different last Christmas had been, those seniors whose memories held such searing recollections of many preceding Christmases, were one in their rejoicing and wonderment. They caught a dim vision of a common interest. Here was something which all could share. That one was benefited did not mean another's loss.
From girl after girl I heard the same story. I would ask them how they were getting on through the hard time this year. "Oh," a girl would answer, "it wasn't so bad at all. You see we've got the ten-hour law, and we can't work after the time is up. It's just wonderful. Why, I'm going to enjoy Christmas this year. I'm tired, but nothing like I've always been before. Last Christmas Day I couldn't get out of bed, I ached so, and I couldn't eat, either."
And yet, while the girls, thanks to the new law, were having something like decent, though by no means ideal hours of work, the young elevator boys, in the same store were working fourteen hours and a half, day in, day out.