As to the degree of regulation, an ultra-conservative measure would prohibit boys under ten and girls under sixteen years from selling anything at any time in the streets or public places of cities, while the age limit for boys is raised to fourteen years for night work. The issuance of licenses to boys ten to fourteen years of age who wish to engage in street trading is the usual accompaniment of such restriction, and while ordinarily of little avail, it could be made of some assistance to truant and probation officers in their efforts to enforce the compulsory education and delinquency laws. The age limit for boys has been advanced to eleven years by the School Committee of Boston, and to twelve years for newsboys and fourteen years for other street workers by the state of Wisconsin. But all efforts to secure such regulation should be based upon the principle that street trading is an undesirable form of labor for children, and consequently should be subject to at least the same restrictions as other forms of child labor.

Probable Course of Regulation in Future

American child labor laws usually contain a provision to the effect that no child under sixteen years shall engage in any employment that may be considered dangerous to its life or limb or where its health may be injured or morals depraved. This is sonorous, but ineffective,—the particular kinds of improper work should be specified. In this list of undesirable forms of labor, street work should be included. Great Britain has had far more experience in the matter of regulating the work of children than any state of this country, and, in the light of all this experience, her departmental committee of 1910 has emphatically declared that street trading by boys under seventeen and girls under eighteen years should be absolutely prohibited. This should be our ideal in America. Commenting on the banishment of young girls from the streets of New York City, Mrs. Florence Kelley says, "If the law against street selling and peddling by girls to the age of sixteen years can be thus effectively enforced in a city in which the depths of poverty among the immigrants are so frightful as they are in New York, there is no reason for assuming that it is impossible to prohibit efficiently street selling by boys."[146] Girls under eighteen years should never be allowed to go out in the streets for commercial purposes, no matter how innocent these purposes may be in themselves. One of the most important features of the movement in America should be the absolute prohibition of such work by minors under eighteen years at night; this is urged because it is in harmony with the provisions of our most advanced child labor laws and is fully justified because of the evil character of the influences rampant in cities after dark, and because such night work affords children a constant opportunity to cultivate their acquaintance with, if not to know for the first time, conditions from which every effort should be made to isolate them. For night messenger service the age limit should be twenty-one years.

The enforcement of such regulation as is now provided by the few states and cities which have given this subject any attention, is variously intrusted to factory inspectors, police, truant and probation officers, but in Boston the school committee has delivered this task into the hands of one man who is known as the supervisor of licensed minors. The Boston plan for enforcement seems to have given better results than the common system of intrusting the enforcement to officers already overburdened with other duties, but it is clearly impossible for one officer to handle the situation unaided in a large city—the plan would be considerably improved by the appointment of several assistants.

"The licensing by the Boston School Committee of minors of school age to trade in the streets of Boston came about through an act of legislature in 1902. The need of supervision of minors licensed under this act became very apparent, as their numbers increased and their street influences reacting on their school life became better understood. To meet this need a supervisor of licensed minors was appointed whose duties are to secure the strict enforcement of the law, regulations governing the various forms of street work of children of school age, also to have general supervision of the details of the licensing department."[147]

Human nature in children is not in the least unlike human nature in adults. Just as we need an interstate commerce commission backed by the federal government to supervise the large business affairs of men, so do we need a supervisor of children's commercial activities in city streets, clothed with authority by the municipal government.

The Boston plan is now being advocated for New York City: "In the street trades the Committee recommends that the principle of supervision of licensed minors, as practised for a number of years in Boston, be adopted, and that an office be created in the Department of Education that shall have supervisory control of all minors engaged in street trades. It recommends furthermore that the minimum age limit for licensing boys be raised from ten to fourteen years, and that the legal limit for selling at night be reduced from 10 to 8, to correspond more nearly with the provisions of labor legislation dealing with children in factories."[148]

The first attempt to control the situation in New York City was intrusted to the police, but the results were not satisfactory, as they looked upon the matter with indifference. Subsequently the truant officers also were charged with this duty, and in 1908 four men were assigned to give their entire attention to this work between 3 P.M. and 11 P.M., and at present eight men are so engaged, but no very marked improvement is noticeable. In Rochester the enforcement of the state law was brought about through the efforts of the women of that city; both business women and shoppers were asked to consider themselves members of a vigilance committee and to notify the board of education and the police department by telephone whenever any violations of the law were observed upon the streets. Within five days so many complaints had been received that both the superintendent of schools and the president of the board of education arranged a meeting at which their attention was invited to the widespread disregard of the law. As a result, steps were taken at once to insure enforcement, and finally the board of education appointed one truant officer, and the commissioner of police detailed a policeman especially for the work of reporting violations.

In addition to providing an improved method of enforcement, efforts have been made in Boston to deal more effectively with the difficult problem of keeping street traders out of saloons, the licensing board having issued an order to all holders of liquor licenses to prohibit minors from loitering upon the licensed premises, more especially newsboys and messenger boys.

The efforts of the school committee to regulate street trading in Boston have been further supplemented by organizing a Newsboys' Republic, which is described as follows: "Perhaps the most important result of supervision so far has been the gradual introduction of a plan for self government among the licensed newsboys through the so-called Boston School Newsboys' Association. This association is pledged to the enforcement of the license rules and the suppression of smoking, gambling and other street vices, more or less common among the street boys of certain neighborhoods. The association is run by the boys themselves, through officers of their own choosing, consisting of one newsboy captain and two lieutenants for each school district; also a chief captain and general secretary and an executive board of seven elected from the ranks of the captains. The general duties of the captains and lieutenants are, first, to see that all licensed newsboys of their respective school districts live up to their license rules, and the principles of the association. Secondly, to see that all boys not licensed shall not interfere with or in any way hurt the business of the licensed newsboys. These duties are performed through weekly inspections on the street, supplemented by monthly inspection at schools, at which time branch meetings of all the boys in each district are frequently held."[149]