History of Alabama and dictionary of Alabama biography, Volume I, Part 48

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 756

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Persons owning or controlling establish- ments where minors are employed, subject to the provisions of the child labor law, are re- quired to keep such establishment in sanitary condition, and properly ventilated, and to pro- vide suitable and convenient water closets, or privies, separate for each sex, and in such number and located in such place or places, as may be required by the state inspector; and when 20 or more persons are employed,

sanitary drinking fountains shall be provided in such number as he may deem necessary. All water closets shall be maintained inside such establishments except where, in the opinion of the inspector, it is impracticable. In all such establishments, separate water closets for females shall be provided, to be used by them exclusively, and notice to that effect shall be painted on the outside thereof, and all shall be effectively screened by a partition or vestibule.

The enforcement of the law is committed to the state prison inspector (q. v.), who for the purpose of this act may be designated as state factory inspector, and his deputies, as deputy factory inspectors. Inspectors are given free access at any time to any establish- ment where minors are, or may be employed or detained. They are vested with the authority of deputy sheriffs. When traveling in the performance of their duties they are "reimbursed their actual traveling expenses," to be paid from the state treasury. Since the state prison inspector, under the provisions of the act creating that office, is now a part of the state board of health, for adminis- trative purposes the work of supervision is entitled "Department of child labor inspec- tlon."

Employers and others who violate any of the provisions of the act are to be punished by a fine of not less than $10.00 or more than $100.00, and for second or subsequent offenses, not less than $100 nor more than $500. False affidavits made under the act subject the offender to a fine of not less than $5.00 nor more than $20.00, and for a second or subsequent conviction to an imprisonment of not more than 90 days. Any person who hinders or obstructs the work of inspectors shall be liable to a penalty of not less than $50 nor more than $100, and for subsequent convictions not less than $200.

History of Legislation .- To Hon. Daniel Smith, State senator from Mobile County, be- longs the honor of introducing and securing the passage of the first child labor law in this State. On February 28, 1887, the act in question was passed, and by its terms any person who should compel "a child under eighteen years of age or a woman to labor in a mechanical or a manufacturing business more than eight hours in any day, or permits a child under the age of fourteen years to labor for more than eight hours in any day in any factory, workshop, or other place used for mechanical or manufacturing purposes of which he has control, or whoever shall work or permit to be worked in a coal or iron mine, or mines, children under the age of fifteen years of age," should be fined not less than five nor more than fifty dollars. The date of this law is contemporaneous with the beginnings of the mining and manufacturing development of Alabama, and anticipated and sought to guard against conditions which sub- sequently brought shame to the State, and over which there was long and bitter contest, However, industrial forces, in the guise of servants of progress, brought about the repeal

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of this beneficent measure on December 5, 1894.

From small beginnings, the cotton mill and other manufacturing interests in the State had so far developed as to make profitable the employment of large numbers of children, and such employment was necessarily accom- panied by abuses, as had obtained every- where in the beginnings of such development. At first, little consideration was given these abuses, but public opinion was slowly form- ing. In 1892-93 and 1894-95, measures were presented in the legislature by Hon. Frank P. O'Brien, one of the representatives from Jef- ferson County, to regulate the employment of children in the mills. The same forces that brought about the repeal of the act of 1887 defeated his efforts. In 1897-98, Luther C. Jones, representative from Lee County, of- fered a bill in the house of representatives, and Dr. J. A. Hurst, a similar bill in the sen- ate. It passed the latter body, but failed in the house. The subject was not permitted to rest, and at the next session, 1900-01, came the first real contest on the subject. The forces of organized labor, the Federation of Women's Clubs, ministers of the leading churches, all supported by the public press, united in the campaign, but without avail. An executive committee was formed, to which the effort was committed. The chairman of this committee was Rev. Dr. Edgar Gardner Murphy, who maintained an active connection with the child labor movement until his re- moval from the State, and who never lost his interest in the subject. His contributions to its literature constitute a fine body of socio- logical studies of the highest importance. Miss Irene M. Ashby was secured through the American Federation of Labor, and, in season and out of season, for weeks she struggled to secure the passage of the bill, but without avail.

Although the legislation failed at this ses- sion, the fight did not abate, and a measure was again brought forward in 1903. At this time, Gov. William D. Jelks indicated his sympathy with a reasonable measure. A bill was passed, the principal features of which were thus summarized by Rev. Dr. Neal L. Anderson in an address before the National Child Labor Committee in New York, Febru- ary 14-16, 1905, viz .:

"(1) Age limit for work in mines is four- teen; for work in factories twelve, with ex- ceptiou of children of widowed mothers, or dependent fathers, or orphans without means of support. No child under ten can be em- ployed under any circumstances.

"(2) Proof of age: Affidavit of parent or guardian filed in the office of employer, giv- ing age and date of birth. Furnishing false certificate is punished as a misdemeanor. Penalty for employing child under age, fine of not more than $200.

"(3) Hours of labor: For children between thirteen and sixteen, not over sixty-six hours per week, day work; not over forty-eight hours per week, night work.

"(4) There is no educational test required. No compulsory attendance in school.

"(5) No provision for inspection or en- forcement of the law through any officials."

The friends of a more liberal measure than that just summarized, in 1907 again brought the subject to the attention of the legislature. The bill on the subject was introduced by William L. Pitts, sr., of Perry County. It was shown that Alabama at that time stood at the very bottom of the list in her age limit for employment. It was urged that all excep- tions should be swept from the law, and that whatever point or age was fixed should be clear, unequivocal, and decisive. It was also urged that the working day for children should be shortened. The various agencies hitherto active in behalf of child labor legis- lation were recruited by practically all the other humane forces in the State, and the measure which was finally passed, August 9, 1907, marked a great advance. The law pro- vided that no child under 12 years of age should be employed or permitted to work or be in or about any mill, factory, or manufac- turing establishment in this State; after Jan- uary 1, 1909, no child between the ages of 12 and 16 could be employed or permitted to work or be detained in or about such estab- lishments, unless such child should attend school 8 weeks for every year of employment, 6 weeks of which should be consecutive; no child under 14 was permitted to work more than 60 hours in any 1 week; no child under 16 should be employed or detained or be in or about such establishment between the hours of 7 p. m. and 6 o'clock a. m., stand- ard time; no child 16 and under 18 could be employed more than 8 hours any 1 night; and regulations were adopted to safeguard the foregoing provisions.

The inspector of jails and almshouses was charged with the duty "of inspecting all mills, factories, and manufacturing establishments wherein women and children work" at least 4 times a year, without notice. It was further provided that he should thoroughly inspect manufacturing establishments as to their san- itary conditions, drinking water, fresh air, and toilet accommodations; and that he should examine all affidavits required to be filed in connection with the law. He was given power to remove any child working in any establishment contrary to law, and at the same time to remove any child afflicted with any contagious, infectious, or communicable disease. The law expressly limited its opera- tion "to manufacturing establishments en- gaged in manufacturing or working in cotton, wool, clothing, tobacco, printing and binding, glass, or other kind of work that is injurious to health and carried on indoors."

The legislature of 1911, April 21, passed an amendatory act in which additional duties were placed upon owners of manufacturing establishments to furnish information neces- sary to the records of the office of the State prison inspector.

The present legislation summarized in the first part of this title represents a still ap- preciable advance. The child labor reform at the session of 1915 had many friends, both on the floor of the legislature and in the

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lobby. The National Child Labor Committee joined forces with the local friends of the movement. The representative and secretary of the above Child Labor Committee was Herschel H. Jones.

While everything has not yet been achieved, desirable under ideal conditions, friends of conservation believe that the laws now in force are such as to afford adequate protec- tion to child life, and wholly without any in- jury whatever to any of the economic inter- ests of the State.

Committees and Other Reform Agencies .- Sporadic and irregular effort marked the be- ginnings of child labor agitation in the state. As stated above, about 1900 Rev. Dr. Edgar Gardner Murphy brought about an organiza- tion of the Alabama Child Labor Committee. His associates and co-workers on that commit- tee from time to time, so far as names can now be ascertained, were Gov. Thomas G. Jones, Judge J. B. Gaston, Rev. Dr. Neal L. Ander- son, Dr. B. J. Baldwin, Judge W. H. Thomas, S. B. Marks, jr., and Father O'Brien, of Montgomery; Dr. Erwin Cralghead, Joseph E. Rich, and John Craft, of Mobile; and Dr. J. H. Philips, Rev. Dr. John G. Murray, Alexan- der T. London and A. J. Reilly, of Birming- ham. Dr. Murphy and his associates were aggressive. During its period of greatest ac- tivity numerous pamphlets were issued, and extensive correspondence was carried on, and numerous controversies took place. The co- öperation of the churches was enlisted, and among others, the Alabama Synod of the Cumberland Presbyterian Church adopted res- olutions, urging remedial legislation. At the session of the Alabama Federation of Wom- en's Clubs, May 7, 1901, that body pledged its support. From that date the federation has , constantly striven for increased reforms. The

Alabama branch of the Mother's Congress has been a valuable ally. The work of child labor reform has been fortunate in having sympa- thetic State officials in charge of supervision and enforcement. Too much credit cannot be given Dr. Shirley Bragg, Dr. Charles F. Bush, Dr. Wm. H. Oates and Dr. W. W. Dinsmore, State inspectors, for their wise and cour- ageous labors in the enforcement of the laws, and in stimulating public opinion.

See Child Welfare; Cotton Manufacturing; Factories; Health, State Board of; Mothers' Congress, Alabama Branch; Prison Inspector, the State.

REFERENCES .- General Acts, 1915, pp. 193-200; Code. 1907, vol. 3, secs. 6428-6449; Acts, 1886-87, pp. 90-91; 1894-95, p. 18; General Acts. 1903, pp. 68-70; 1907, pp. 757-762; 1911, pp. 546-547; State Prison Inspector, Reports. 1907, 1909, 1912, 1914; Ibid, Children ineligible for employ- ment in mills, factories and manufacturing establishments of the state, 1912, 1913, 1914; Ibid, Requirements of the Alabama child labor law, 1915; Alabama Child Labor Committee, Bulletins. Circulars, Leaflets, etc., practically all of which were prepared by Dr. Murphy dur- ing his incumbency as chairman; Rev. Dr. Edgar Gardner Murphy, Problems of the present south (1904), pp. 95-149, Federal regulation of child labor, a criticism of the policy represented

in the Beveridge-Parsons bill (1907), The Child labor question in Alabama (National Child Labor Committee, Pamphlet 59, 1907), Beneath the shield, a poem (1907), and numerous pam- phlets and newspaper articles, including the pub- lications of the Committee of which he was chairman; Rev. Dr. Neal L. Anderson, "Child labor legislation in the South," in American Academy of Political and Social Science, The Annals, May, 1905, vol. 25; Irene M. (Ashby) Macfadyen, Child labor in Alabama (1901), and "The last stronghold of infant mill slavery," in Social Service, Dec., 1901, pp. 202-205; McKel- way, "Child labor in the southern cotton mills," in The Annals, etc., March, 1906, vol. 27; Ala- bama Federation of Women's Clubs, Year Book, 1917, pp. 64-71; H. H. Jones, Child labor in Alabama (1915); Mrs. W. L. Murdoch, "Condi- tions of child employing industries in the South -Alabama," in Child Labor Bulletin, May, 1913, vol. 2, pp. 124-128, and "Child labor reform in Alabama," in Ibid, May, 1914, vol. 3, pp. 82-84; Mclaughlin and Hart, Cyclopedia of American Government (1914), vol. 1, pp. 255-257.

CHILD WELFARE ACTIVITIES. Agen- cies, institutions, organizations, or individ- uals, official or private, whose functions are the care, custody, education, health and sani- tation, recreation, reform, care of the men- tally deficient, delinquent, physically defec- tive, indigent and neglected children. These activities involve not only the several agen- cies hereafter to be noticed, but also the entire field of child life, including legisla- tion, reform movements, tendencies and ideals.

Emphasis is being placed, as never before, on the place of the child in the social econ- omy, and the necessity, not only of caring for the new-born infant, the growing babe, the young child and the youth through progres- sive programs, but also for the safeguarding of health and environing conditions, both of the individual and of society, whereby future child life may reach higher levels. The changing attitude, which would strengthen and enlarge central or social control, does not attempt a restatement or diminution of pa- rental duties or obligation, but seeks to re- emphasize, and at the same time to supple- ment the primary control and obligation. While Alabama has not met the full measure of its duty, there are nevertheless substantial responses to the leaven of reform influences, and the movements already in successful on- going in the State are an earnest of a fuller and more perfect development.

Under the Law .- There has been compara- tively little legislation, until recent years, on the several subjects included in this title. Child labor regulation dates from 1887, a full review of which will be found under that title, supra. The relief and reformatory legis- lation will be found reviewed under a descrip- tion of the institutions named in a succeed- ing paragraph. The circuit courts, in the ex- ercise of chancery powers, have original juris- diction over infants. Probate courts have jurisdiction of estates, the sale of the lands of

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minors, and all laws providing guardianships for children.

The probate court also has jurisdiction of apprentices, and may bind out "the children of any person unable to provide for their sup- port," in case of boys until 21 years of age, and for girls, until they are 18. Under the law children are only to be apprenticed to suitable and competent persons, "on such terms as the court may prescribe, having a particular care to the interest of such minors." Masters must provide good whole- some food, necessary clothing and lodging, must treat with kindness and humanity, and must "instruct such apprentice in the trade, business, or occupation which he pursues;" and "have him taught to read and write." Persons subject to apprenticeship are minors under 18 years of age, or "are orphans with- out visible means of support, or whose parents have not the means, or who refuse to provide for or support such minors," and parents themselves may apprentice a minor child or children.

Other legal regulations should be noted. Upon granting a divorce the custody and edu- cation of the children of the marriage may be given to either the father or mother, "as may seem right and proper, having regard to the moral character and prudence of the parents, the age and sex of the children," but in cases of abandonment of the husband by the wife he is entitled to the custody of the children after they are seven years old, "if he is a suitable person to have such charge." In all cases of voluntary separation of hus- band and wife, courts with equity powers may "permit either the father or mother to have the custody and control of the children, and to superintend and direct their education, having regard to the prudence, ability, and fitness of the parents, and the age and sex of the children."

The person of a child is protected from in- jury by the general laws against homicides and criminal assaults. Stringent statutes have long existed to protect young girls from abduction, and to protect all children from being kidnapped, or unlawfully decoyed, de- tained, concealed or imprisoned from their parents or guardians.

Throughout the early history of the State the legislature was called upon to pass acts relieving minors of the disabilities of non- age, changing the names of individuals, legiti- matizing children, and granting divorces. The constitution of 1901, however, section 104, prohibited that hody from passing any spe- cial, private or local law for any of these, as well as numerous other purposes, and pro- vided that general laws should be enacted to govern them.

Education .- The state constitution enjoins the establishment, organization and main- tenance of "a liberal system of public schools throughout the State for the benefit of the children thereof between the ages of seven and twenty-one years." This school system is supported by funds from the public treas- ury. Numerous denominational and private schools are successfully maintained in the

State. The work of kindergarten and pri- mary grades is emphasized. For a full re- view of this subject, see Schools, and the names of particular educational institutions.

Health and Sanitation .- In no department of child welfare has there been so marked an advance as in the matter of health and sani- tation. The element of health largely enters into all child labor regulations (q. v.), and minors can only be employed, under the laws of Alabama, in establishments kept "in sani- tary condition, and properly ventilated." Sanitary drinking fountains, and adequate toilet must be provided. Among the impor- tant powers conferred upon the State board of health is the adoption of regulations for the prevention of infant mortality, and the collection of vital and mortuary statistics. All physicians and midwives, under penalties, are required to report all births as required by law. School authorities have the power to require health certificates, and to provide for compulsory vaccination or other preventive measures, and may establish dental hygiene regulations.

In Birmingham the Children's Hospital was established in 1911. It was at first called The Holy Innocents' Hospital, but this was changed to the present name in June, 1914. In many hospitals children's wards are main- tained. In the larger centers many physicians are specializing in obstetrics and diseases of children.

The struggle for better health conditions for the living child, however, is not the only ideal or goal set by the thoughtful leaders of reform. At the session of the legislature, 1915, a measure was introduced, and aggres- sively pressed, but without success, which sought to require proof of freedom from cer- tain diseases, or diseased conditions, before the issuance of a marriage license.

The unborn babe is protected as far as pos- sible, by the imposition of severe punishment on all persons who procure or assist in any way in procuring abortions.

At the annual convention of the Alabama Federation of Women's Clubs, 1916, the legis- lative committee submitted a report, which contained, among other things, the following paragraphs:

"Our State has a home for its insane, but there is no State institution for the care of defective children. Appalling is the number of such children, ranging from those slightly below normal in Intellect, through all the stages of feeble-mindedness, to complete idiots. Many of these children are growing up amid surroundings where no restriction is placed upon them, and will eventually propa- gate their species, to hand down their heri- tage of mental darkness to future generations.

"Is It too much to ask that the future citi- zens of Alabama shall be well born? Is it not true that many helpless children have been born into a certain heritage of disease and suffering not even having a fighting chance in the battle of life, because many people, actu- ated by mistaken motives of false sentimen- tality, or what not, object to a law requiring health certificates before marriage, as a

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'desecration of the holy sacrament of matri- mony,' and calculated to do away with all the romance of life? When 'love's young dream' is followed by the slaughter of the innocents, is there much romance in that?"

In many cities campaigns for better health and sanitation have brought about the adop- tion of stringent ordinances, for the protec- tion, not only of the unborn, but also of the general public.

Delinquency .- The problems of delinquency have been met by the establishment of reform schools, both for white boys and white girls, and for negro boys. No institution is pro- vided for delinquent negro girls. In 1907 the legislature undertook to define delinquent children, and the chancery court, or courts having equity powers and jurisdiction, were given jurisdiction in proceedings against juvenile delinquents. In 1915 the definition of delinquency was restated, and provision made for the establishment of juvenile courts, with large and comprehensive powers and duties. (See Juvenile Courts.) Delinquency is thus defined:

"Any child under sixteen years of age who violates any law of the State, or who violates any ordinance of any municipality of this State, or who is incorrigible; or who know- ingly associates with thieves, or gamblers; or who is growing up in idleness or crime; or knowingly visits or enters a house of ill fame; or who knowingly visits or patronizes any policy shop, bucket shop, pool room, billiard room, bar room, or club room, where liquors are kept or drunk, or served to members; or where any gaming table, or device for gam- bling is operated, or who loiters about any such places; or who habitually smokes ciga- rettes; or who wanders about the streets at night without being on any lawful business; or who habitually wanders about any railroad yards, or tracks, or jumps or hooks on to any moving engine or car; or unlawfully enters any engine or car; or who habitually uses any vile. obscene, profane, or indecent language; or is found in possession of any indecent, las- civious book, picture, print, card or paper; or who is in possession of any pistol, dirk, bowie- knife, or metal knuckles; or is guilty of im- moral conduct in any public place, or in or about any school house, or who engages in any occupation, calling, or exhibition, or is found in any place for permitting which an adult may be punished by law; and generally, any child who so deports himself, or is in such conditions, or surroundings, or is under such improper, or insufficient guardianship, or control, as to endanger the morals, health, or general welfare of such child, shall be deemed a ward of the State, and entitled to its care and protection; and the State shall exercise its right of guardianship and control over such child."

To safeguard the morals of the immature child, various statutes have been provided. Betting or engaging in games of hazard with minors or apprentices, or allowing minors or apprentices to bet or hazard at gaming tables is prohibited; minors are not permitted to play billiards or pool at public

places, or to loiter on such premises; severe penalties are provided for selling, bartering, lending, exchanging or giving spirituous, vinous or malt liquors to a minor, "without the consent of the parent or person having the management or control of such minor, unless it be upon the prescription of a physician," and any minor who obtains any such liquors "by means of a false representa- tion as to his age" is subject to a fine; and the selling, bartering, exchanging or giving of cigarettes, or cigarette tobacco, or cigarette paper, or any substitute for either of them, to a minor, is prohibited under a penalty not only of the fine, but the offender may also be imprisoned in the county jail, or sentenced to hard labor for the county.

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History of Alabama and dictionary of Alabama biography, Volume I, Part 48

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869- Publication date: 1921 Publisher: Chicago, The S. J. Clarke publishing company Number of Pages: 756

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 756