may not enter into contracts containing provisions at variance with the legislative command. Accordingly I think we must treat the requirement of the Labor Law that the employees of a steam surface railroad corporation shall be paid semi-monthly and in cash as a restraint upon the freedom of such corporations to make any contract to pay the wages of their employees otherwise than semi-monthly and in cash. If this were not the necessary construction the legislation in question would present no serious constitutional difficulty. If we were at liberty to hold that the requirement for semi-monthly cash payments was to apply only in cases where it was not stipulated otherwise in the contract of employment, neither the railroad companies nor their employees would have even any plausible cause for complaint, inasmuch as both master and servant would be left at liberty to make any contract they pleased in regard to the time when the servant's wages should be payable and the medium in which they should be paid. The substance of the grievance which is asserted in behalf of the corporations in this litigation is that they are left no option in the matter but must pay in the method and medium prescribed, although their employees might be entirely willing to agree otherwise. Their contention is that the Labor Law deprives them of the right of making contracts with their employees on advantageous terms, and that this is beyond the power of the legislature.

66

The court then holds that the statutory provision construed in the case is not in violation of the constitutional right of freedom of contract. It is therefore clear that a contract inconsistent with the provisions of section 11 of the Labor Law would be illegal and of no effect. The statute is as follows:

Section 11. When wages are to be paid.- Every corporation or joint-stock association, or person carrying on the business thereof by lease or otherwise, shall pay weekly to each employee the wages earned by him to a day not more than six days prior to the date of such payment.

"The statute provides that the wages earned shall be paid at the end of the week, while the agreement provides that they shall be forfeited at the end of the week. This in my opinion constitutes a clear violation of the law. Forfeitures and penalties are not looked upon with favor. I believe that a construction strictly regarding protection of the rights sought to be guarded by the statute may not uphold the penalizing provisions of the contract.

"Grounds of public policy should influence in a large measure the application to be given such a statute. The laborer is often in a very unequal position which affects his ability to contract with a free view of his best interests; from the vicissitudes of employment, and the conditions under which he lives I can readily

see it is often times impossible for him to fairly anticipate the continuance of his employment. That a certain protection is thrown by the law around persons in this condition is evinced by the line of cases represented by Johnston v. Fargo, 184 N. Y. 379. It was there found that a contract by an employee relieving the employer from liability for injuries due to the latter's negligence is against public policy and void.

"Inasmuch as the Legislature has indicated a line of policy, I believe it would be in contravention of that expressed intent to sanction a contract which may result in a negation of the benefits conferred. The agreement in general being condemned as illegal, it is unnecessary to discuss the more flagrant violations found in the withholding of all payments during the making up of the payroll exceeding the six days provided in the law."

Dated, March 18, 1913.

(Signed) THOMAS CARMODY,

Attorney-General.

To Hon. JOHN WILLIAMS, Commissioner of Labor.

4

RECENT LABOR REPORTS.

United States.

Publications of the United States Bureau of Labor, Washington, AugustDecember, 1912.

Workmen's insurance and compensation series. No. 4. Law relating to insurance of salaried employees in Germany.

Industrial accidents and hygiene series. No. 1. Lead poisoning in potteries, tile works and porcelain enamel sanitary ware factories.

Retail prices and cost of living series. No. 3. Retail prices, 1890 to August, 1912. No. 4. Retail prices, 1890 to October 1912.

Miscellaneous series. No. 1. Statistics of unemployment and the work of employment offices.

Annual report of the Commissioner General of Immigration for the fiscal year ended June 30, 1912. Washington, 1913. Pp. 224.

The number of immigrant aliens entering the United States in the fiscal year ended June 30, 1912, was 838,172, or 40,415 less than in the preceding year, and the number of aliens classed as non-immigrants entering the United States in the same year was 178,983. Departures during the year numbered 615,292, of whom 333,262 were of the emigrant, and 282,030 of the non-emigrant class. The net gain in population by immigration therefore was 401,863, comparing with a net gain of 512,085 in 1911 and 817,619 in 1910. Rejections at the ports numbered 16,057 in 1912 compared with 22,349 in 1911. The number of immigrants giving New York state as their intended future permanent residence was 239,275, while the emigrants residing in the state of New York prior to their departure numbered 84,533. Of the immigrants giving their final destination as New York state, the nationalities or races numbering over 10,000 were the following: Italians, 65,165; Hebrews, 45,411; Polish, 19,911; Germans, 16,619; English, 12,217, and Irish, 11,642.

KANSAS.

Twenty-seventh annual report of the Bureau of Labor and Industry for 1911. Topeka, 1912. Pp. 276.

Contents. Part I. Statistics of wage-earners in manufacturing industries and in building trades (p. 1-46). Part II. Labor organizations (p. 47-94). Part III. Strikes, enforcement of labor laws and court decisions (p. 95200). Part IV. Factory inspection (p. 201-225). Part V. Industrial accidents (p. 227-234). Part VI. Fire escapes and theater inspection (p. 235248). Part VII. Manufacturing and industrial concerns (p. 249–272).

MASSACHUSETTS.

Sixth annual report on the State Free Employment Offices for the year ending November 30, 1912. Boston, 1913. Pp. 23.

The following table, taken from the report, gives the results as to positions filled for the year ending November 30, 1912, by the three employment offices of Boston, Springfield and Fall River.

Directory of Labor Organizations in Massachusetts, 1912. Labor Bulletin No. 93. Bureau of Statistics. Boston, 1912. Pp. 39.

Report of the Commission on compensation for industrial accidents. July 1, 1912. Boston, 1912. Pp. 322.

The report contains a review of the work of the commission, the text of the Massachusetts compensation act and a commentary on the same, a brief description of compensation laws in foreign countries and in the United States, statistics of accidents in Massachusetts, May 1, 1911 to April 30, 1912, and the full text of compensation laws in the United States.

MINNESOTA.

Thirteenth biennial report of the Bureau of Labor, Industries and Commerce of the State of Minnesota, 1911-1912. St. Paul, 1912. Pp. 481.

Contents: Summary of bureau's activities and recommendations for legislation (p. 5-18); workmen's compensation (p. 19-66); industrial accidents and accident prevention (p. 67-279); occupational disease and industrial hygiene (p. 280-289); factory inspection and child labor (p. 291-338); special investigations (p. 339-362); Minnesota free employment bureau (p. 363–376); mine inspection (p. 377-426); labor organizations (p. 427477).

MISSOURI.

Missouri Red Book, 1912. Part I. Labor section. State Bureau of Labor Statistics. Jefferson City, 1912. Pp. X, 196.

Contents: Organized labor in Missouri (p. 1-144); free employment bureaus (p. 145-153); factory inspection (p. 178-189); labor laws of Missouri (p. 194-198).

Twenty-fifth annual report of the Bureau of Mines, Mining and Mine Inspection of the State of Missouri, for the year ended December 31, 1911. Jefferson City, 1912. Pp. 160, ix.

The report contains statistics of mining output, wages, accidents, report on inspections, and a directory of mines.

NEW JERSEY.

The Industrial Directory of New Jersey. Bureau of Statistics. Trenton, 1912. Pp. lxvii, 670.

The industrial directory of New Jersey, issued every three years, contains information in regard to population, railroad, banking, express and postal

facilities and industries for all towns, cities and villages with a population of one hundred and over, an alphabetical list of articles manufactured in New Jersey with names of firms and location of factories, and a list of cities and towns offering special industrial opportunities.

Third annual report of the

30, 1912. Manila, 1912.

PHILIPPINE ISLANDS.

Bureau of Labor, for the fiscal year ended June
Pp. 89.

Contents of the report include work of the free employment agencies, statistics of accidents, and statistics of industries (capital invested, output, total amount of wages, number of employees and hours of labor).

PORTO RICO.

Special Report of the Bureau of Labor to the Legislature of Porto Rico, December 16, 1912. San Juan, 1913. Pp. 99.

The Bureau of Labor of Porto Rico was organized on September 1, 1911, and the present report covers approximately three months' work of the bureau. Among the subjects dealt with in the report, the following may be mentioned: Prices and the cost of living; work of women and children; agricultural labor and wages; urban and rural housing; accidents; hookworm; and laws relating to labor in Porto Rico.

RHODE ISLAND.

Twenty-fifth annual report of the Commissioner of Industrial Statistics for the year 1911. Providence, 1912. Pp. vii, 212.

Contents: Municipal street cleaning (p. 1-34); wages and family income in the village of Lonsdale (p. 35-68); statistics of municipal finances (p. 69126); free employment office (p. 127-176); strikes and lockouts and directory of trade unions (p. 177-202); selected industries (p. 203–212).

TENNESSEE.

Twenty-first annual report of the Mining Department.
Tennessee, 1911. Nashville, 1912. Pp. 177.

Mineral resources of

The report contains information in regard to output of minerals, wages of miners, accidents in mines, typical trade agreements in coal mines and a directory of coal mines.

TEXAS.

Second biennial report of the Bureau of Labor Statistics of the State of Texas, 1911-1912. Austin, 1912. Pp. 311.

Contents of the report include recommendations to the governor and to the legislature; wages of railroad employees; nativity of persons employed in industrial establishments; fatal and non-fatal accidents; directory of labor organizations; labor laws of Texas and report on factory inspection.