Having once committed itself to the precedent of interfering to protect the weak against the strong, Massachusetts had no alternative but to advance in the same direction. By degrees, twenty-four distinct points were covered by factory legislation.[[188]] Nine other States followed Massachusetts in the enaction of factory laws, and all made provision for bureaus of factory inspection to see that the laws were obeyed. These factory laws, as far as they concerned women, besides limiting the hours of labor, obliged “employers to provide seats for women and grant them permission to use them when not actively engaged in the duties for which they were employed.” Fire-escapes were to be provided, and proper safeguards thrown around machinery. Women under twenty-one years were not to be allowed to clean machinery while in motion. Suitable wash-rooms and other conveniences were to be furnished them. Forty-five minutes were to be given for the noon-day meal at a uniform and proper time. Locking of doors—that travesty upon free labor—was prohibited during working-hours. Sanitary regulations of workrooms and weekly payments were to be enforced. The trusteeing of wages was abolished. Cellars were forbidden to be used as workrooms. “No plea,” it was said, “and no subterfuge should be permitted to justify the use of any underground apartment for purposes of human habitation.”
Delegating to States the privileges of exercising supervision over manufactories, etc., for the benefit of labor, was a long step forward in the path of progress; a signal triumph of radicalism over conservative obstructionists denying the right of the State to protect its citizens. But if the reformer gained his points, the manufacturer contrived, as far as possible, to make the victory an empty one. Only so far as employers could not prevent was labor legislation effective. With the ten-hour working day, while employers complied with the letter of the law, a large majority defied the spirit. No fact was better known than that the ten-hour law for women and children was disregarded whenever possible. In factories where notice was given that ten hours would constitute a day’s work, the clause “unless otherwise ordered,” usually accompanied it; and the “otherwise ordered” came whenever the manufacturer’s convenience demanded it. Other factory legislation fared little better. When, according to law, seats were placed in mills, factories, shops, and stores, women were, in general, forbidden to use them, under penalty of discharge. Locking of doors, when employees were at work, although less common, was still continued. Labor commissioners, wishing to enter factories employing many women, “had much difficulty in getting inside, so securely was every gate and door locked and barred.” Sanitary workrooms remained the exceptions; underground places continued to be used for human habitations, workshops, and salesrooms. Cellars were converted into bazaars in which hundreds of women and children were employed, and where they lived the year round in the glare of electric lights, never seeing daylight except in the morning hours, on Saturday half-holidays, and Sundays. One obvious reason why factory laws were disregarded so flagrantly was that the working force of factory inspectors in every State but Massachusetts was so limited as to make it impossible for them to visit even once during the year half the factories under their supervision. In many cases their powers were so restricted that when they caught an offender against the laws, they had to act on Dogberry’s advice “to take no note of him, but let him go.”
Despite the fact that laws, made for the protection of women in the industries, were not always enforced,—enough good resulted from them to increase the tendency everywhere of looking to the State for further legislation. In the pages of the labor reports containing the replies made by working-women to the question of what, in their opinion, would remedy the wrongs of industrial workers, one response was, “The power to vote, as the right of suffrage, will place the services of women on an economic basis with those of men.” Women working in factories asked to have inspectors appointed of their own sex, on the ground that women could understand and protect the interests of women better than men. In States where the statutory age for protection under the eight or ten hour factory law was below twenty-one, women over twenty-one desired the law extended so as to embrace those of all ages. Employees in mercantile houses doing duty as clerks, cashiers, saleswomen, etc., desired “that the same protection given to women in factories be extended to them, as their duties are fully as onerous as those of the average female in the mill or factory.”
As almost all reforms have originated with the educated, and have gathered strength for fruition by rolling onward among the people, the value of these suggestions was enhanced by reason of being the expression of the most intelligent of the working-women interviewed by the Labor Bureau agents. Private philanthropic efforts of all kinds had yielded no effectual help to women, and it was small wonder if the more thoughtful among them turned to the power of the State as the only adequate means for relief from conditions which new inventions of machinery—dispensing with men and employing women and children as guides—and a mania for money-getting at the expense of the proletariat, had rendered intolerable. Though a few stenographers, telegraphers, typewriters, teachers, with some workers in the industrial arts, had gained better breathing-places upon the middle rungs of what was called the “social ladder,” the struggle for life had been constantly growing fiercer among those crowded en masse at the bottom. Everywhere production was carried on with less regard for the life, health, and comfort of the working-women. Women were employed in even greater numbers in the poisonous, dusty, dangerous, and laborious industries, all of which were much more injurious to them, as child-bearers, than to men. The long hours of exhaustive work, destructive of family ties; the starvation wages obtained during seasons of work; the misery of seasons of lock-outs from work, led too frequently to the chaffering of their bodies on the street corners for bread, or the finding of a refuge from starvation in a leap from some house-top or a plunge into the river. The stories of the suffering endured by women engaged in the industrial occupations of the country, as told by capable investigators like Helen Campbell, proved that everything made by women, not excepting the whitest, daintiest robes, had crimson spots on them,—the blood-splashes of the toilers,—that, although unseen, no cleansing could wash away. Not a shop-made garment, a web of silk, cotton, or flax, or wool, a pair of gloves, shoes or stockings, any knitted thing,—machine or hand-made,—a woven carpet or piece of furniture, an artificial flower, feather, or piece of lace, a hat for a man or bonnet for a woman, a piece of table-glass, pottery, or cutlery, a lucifer match, an article of jewelry, or even a printed book, but over them all flitted the ghosts of women twice murdered in their making: once by their own pangs, and again by the sufferings of the little children, flesh of their own flesh, who toiled beside them wearily—
Weeping (working) in the play-time of the others,
In the country of the free.
The publication of Helen Campbell’s “Prisoners of Poverty,” with frequent repetitions, from other sources, of the wrongs endured by industrial women, caused a great wave of indignation to sweep over society. Many good men and women carried on crusades against the purchase of ready-made garments—sad misnomer for things so hardly made. One of their war-cries was, “An honest woman’s back is not the place for a dishonestly manufactured article,” and another that, “It is better for a woman to wear a coat with a hole in it than one with the stain on it of blood-guiltiness.” Economically unwise and impossible of success as this crusade was, it was important as showing that a higher ideal of Justice had begun to enter into woman’s mind. Hitherto people had partaken of the fruits of labor unthinkingly. Now the time was seen to have come when an awakened public began to question the propriety of purchasing and using things made through the abuse of their fellow-beings. As Emerson said of his charity-given dollar that “it was a wicked dollar he would yet learn to withhold,” so women were teaching themselves to withstand desires for articles which helped to perpetuate wicked systems of work.
To the political economist, the part that woman was taking in the country’s industries became a subject of national importance. After frequent investigations into the nature of their occupations, the question was propounded, “Whether it would not be expedient, for the good of the State, to altogether forbid the employment of women in factories?” The position taken by Mr. Wright, the leading authority in American labor statistics,—not prominent, however, as an advanced reformer,—was “that married women ought not to be tolerated in the mills at all,” as “the employment of mothers is the most harmful wrong done to the race.” “Vital science,” he observes, “will one day demand their exclusion, as the effect of such employment is an evil that is sapping the life of our operative population and must, sooner or later, be regulated, or more probably, stopped.”[[189]]
It will be seen at once that this suggestion of Mr. Wright lies directly on the plane of modern socialism or nationalism. To advocate taking two million women forcibly from certain harmful occupations is a tacit admission that the individual has no right to dispose of herself to the disadvantage of the State. Physicians had long sounded notes of warning of a race deterioration that was going on in consequence of the employment of women under bad conditions of labor, and the claim was made that “at all hazards the State must protect itself.” To do this, however, involved consequences that the advisers, perhaps, foresaw. As legislation excluding women and children from factories would interfere directly with their support, the logical conclusion would be that the State, to keep them from actual starvation, would be bound to interfere again to the extent of furnishing them with such means of living as would make them—what the State wanted—happy, healthy, capable mothers of the race. And, as it would be obviously impossible to discriminate between those engaged in one pursuit at the expense of those employed in others, it would follow that the State, by supporting the factory workers, would place itself under obligations to clothe, feed, shelter, and educate all women.
This second proposition is so necessary a corollary of the first as to make Mr. Wright’s suggestion almost conclusive evidence that his investigations had led him to accept the nationalistic theory of State interference with the liberty of labor, as the sole remedy for the evils sapping the life of our female operative population. And as no student of practical economics would consent to the entire withdrawal from the productive industries of so large and capable a body of workers as the three millions women now engaged in them, Mr. Wright must have also given acceptance to that other part of the nationalistic creed—growing so fast into popular favor—of its being the duty of the State to regulate the hours of labor so that work may be the promoter of health in women in place of being its destroyer.