other work which he may properly be called upon to perform, he shall not be entitled to claim any wages in respect of that shift. In the event of any interruption of work during the shift of any workman due to an emergency over which the management has no control, whereby he shall be prevented from working continuously until the end of his shift, then he shall be entitled only to such a proportion of the minimum rate for the shift as the time during which he shall have worked shall bear to the total number of hours of such shift. Facilities shall be given to enable him to ascend the mine as soon as practicable.

7. (1) In ascertaining whether the minimum wage has been earned by any workman on piecework, the total earnings during two consecutive weeks shall be divided by the number of shifts and parts of shifts he has worked during such two weeks. Upon the average earnings of any workman for two weeks being ascertained in accordance with this rule, the wages of such workman shall be adjusted and the amount found to be due to or from him ascertained and paid or debited to him as the case may be, and in the latter event the amount debited shall be deemed to be a payment oL account of wages to become subsequently due to him.

(2) In cases where workmen are working as partners on shares and pooling their earnings, no member of such partnership shall be entitled to be made up to the minimum rate if the average earnings per day of the set over the whole week shall amount to the minimum rate.

(3) In ascertaining the earnings of workmen employed upon piecework for the purposes of the minimum wage there shall not be deducted from the gross earnings for the helper more than the actual wages paid to the helper by the workman. All rates of wages so paid to the helper by the workman shall be registered with the management. No workman on piecework shall, without the consent of the management, fix the wage paid to his helper at more than a standard rate of 6d. (12.2 cents) per day, plus percentage, above the minimum standard rate fixed for the class of helper in schedule 1.

8. Should any question arise as to whether any particular workman employed underground is a workman to whom the minimum rate is to apply, or whether a workman has failed to comply with any of the conditions contained in these rules, or whether by noncompliance with any of these rules such workman has forfeited his right to the minimum rate, such question shall be decided in the following manner: (a) By agreement between the workman concerned and the official in charge of the mine. Failing agreement, by two officials of the colliery representing the employer on the one side and two members of the committee of the local lodge of the Workmen's Federation (or not more than two representatives appointed by them) on the other side. Again failing agreement, by the manager of the mine and the district miners' agent. (b) Still failing agreement, by an umpire to be selected by them (or if they disagree in the selection, by lot), without delay, from one of the panels constituted as hereinafter provided. Three panels of persons having a knowledge of mining to be prepared by the two chairmen of the employers' and workmen's representatives on the joint district board. One of such panels shall be constituted for questions arising in the Newport district, one for questions arising in the Swansea district (including Pembrokeshire), one for questions arising in the Cardiff district. In case of difference as to the constitution of any panel, such panel shall be settled by the independent chairman of the joint district board. The Newport district shall consist of collieries situated to the east of the Rumney River. The Swansea district shall consist of collieries situated westward of the Clyndi River, and of a line drawn from the top of that river into the Neath River at Ystradvellte. The Cardiff district shall consist of collieries situated between the Newport and the Swansea district.

If required by either employer or workman, a panel may be revised at the end of every 12 months from the constitution thereof. For the determination of any question arising under this rule, the employers and workmen respectively shall be entitled to call such evidence as they may think proper before the person or persons who may have to determine such question, and such person or persons may make such inspection of workings as he or they may deem necessary for the proper determination of the matter in question.

Any questions that may arise for determination under paragraph (a) of this rule shall be determined within a period of three clear days from the date upon which the question to be determined first arose, and any question to be determined by the umpire shall be determined within seven clear days from the said date, or such further time as the umpire shall appoint in writing. The colliery representative and the district miners' agent shall be entitled to attend and represent the employers and workmen, respectively, before the umpire.

9. A certificate in writing of any decision by any person or persons under the last preceding rule shall be given by such person or persons to both or either of the parties when requested, and such certificate shall be of conclusive evidence of the decision. Any certificate so given as to the infirmity of a workman may be canceled or varied

on the application of either party after the expiration of six weeks from the date of the certificate. Any application to cancel or vary such certificate shall be determined as a question under the last preceding rule. The expenses and charges of the umpire shall be paid by the joint district board, and apportioned in the same manner as the expenses of the joint district board.

10. Except as expressly varied by these rules, all customs, usages, and conditions of employment existing at the respective coal mines to which these rules are applicable shall remain in full force unless ordered by mutual agreement.

11. Overmen, traffic foremen, firemen, assistant firemen, brattice men, shot firers, master haulers, farriers, and persons whose duty is that of inspection or supervision are not workmen to whom the coal mines (minimum wage) act applies.

12. In the event of any question arising as to the construction or meaning of these rules, it shall be decided by the independent chairman of the joint district board.

(Signed)

ST. ALDWYN.

JULY 5, 1912.

TEXT OF LAWS OF AUSTRALIA AND NEW ZEALAND DIRECTLY FIXING A MINIMUM WAGE.

VICTORIA.

[Factories and shops act, 1912, No. 2386 (Dec. 7, 1912).]

Minimum wage.

SECTION 49. (1) No person whosoever unless in receipt of a weekly wage of at least 2s. 6d. (60.8 cents) shall be employed in any factory.

(2) No person whosoever unless related in the first or second degree by blood or marriage to the employer shall be employed outside a factory in wholly or partly preparing or manufacturing any article for trade or sale unless in receipt of a weekly wage of at least 2s. 6d. (60.8 cents).

Prohibition of certain premiums and guaranties.

191. Any person who either directly or indirectly or by any pretense or device requires or permits any person to pay or give or who receives from any person any consideration premium or bonus for engaging or employing any female as an apprentice or improver in preparing or manufacturing articles of clothing or wearing apparel shall be guilty of an offense and shall be liable on conviction to a penalty not more than £10 ($48.67); and the person who pays or gives such consideration premium or bonus may recover the same in any court of competent jurisdiction from the person who received the same.

192. Any shopkeeper (other than a registered pharmaceutical chemist) who either directly or indirectly or by any pretense or device requires or permits any person to pay or give him or who receives from any person any consideration premium or bonus for engaging or employing any person in connection with the selling of goods or in connection with the business of a hairdresser or barber as an apprentice or improver in a shop shall be guilty of an offense and shall be liable on conviction to a penalty not more than £10 ($48.67); and the person who pays or gives such consideration premium or bonus may recover the same in any court of competent jurisdiction from the person who received the same.

193. (1) Except with the consent of the minister in writing no person shall require or permit any person to pay any sum of money or enter into or make any guaranty or promise requiring or undertaking that such person shall pay any sum of money in the event of the behavior or attendance or obedience of any apprentice improver or employee not being at any time satisfactory to the employer.

(2) Any such guaranty or promise as aforesaid or to the like effect entered into or made after the commencement of this act without the consent of the minister as aforesaid shall be null and void, and any person who without such consent makes or requires such guaranty or promise shall be liable on conviction to a penalty not exceeding £10 ($48.67).

(3) Any sum which after the commencement of this act is paid in pursuance of such a guaranty or promise as aforesaid or to the like effect made in contravention of this section shall be returned to the person paying same; and the person who has so paid any such sum may if the same is not returned to him on demand recover the same with costs in any court of competent jurisdiction from the person who received the same.

NEW SOUTH WALES.

[Minimum wage act, 1908 (Dec. 24, 1908).]

Minimum wage.

SECTION 4. No workman or shop assistant shall be employed unless in the receipt of a weekly wage of at least 4s. (97.3 cents), irrespective of any amount earned as overtime.

Whosoever employs any such person in contravention of this section shall be liable to a penalty not exceeding £2 ($9.73).

SEC. 5. Whosoever, either directly or indirectly, or by any pretense or device, requires or permits any person to pay or give, or receives from any person any consideration, premium, or bonus for the engaging or employing by him of any female in preparing, working at, dealing with, or manufacturing articles of clothing or wearing apparel for trade or sale shall be liable on conviction to a penalty not exceeding £10 ($48.67); and the person who has paid or given such consideration, premium, or bonus may recover the same in any court of competent jurisdiction from the person who received the same.

QUEENSLAND.

[Factories and shops act 1900 (Dec. 28, 1900) sec. 45, as amended by factories and shops act amendment act 1908 (Apr. 15, 1908) sec. 12.]

SECTION 12. Subsection 1 of section 45 of the principal act is repealed, and the following subsection is inserted in lieu thereof:

1. Every person who is employed in any capacity in a factory or shop shall be entitled to receive from the occupier payment for his work at such rate as is agreed on, being not less than:

(a) In the case of a person under 21 years of age, a rate of 5s. ($1.22) per week during the first year of his employment, with an annual increase of not less than 2s. 6d. (61 cents) per week during each year of the next succeeding five years of his employment in the same trade.

(b) In the case of a person not under 21 years of age who has been employed in any capacity in a factory or factories or shop or shops for a period of not less than four years (whether such employment is continuous or not), a rate of not less than 15s. ($3.65) per week for the first year, and 17s. 6d. ($4.26) per week for the next and succeeding years.

Every such weekly wage shall be paid in sterling money, and shall not, under any circumstances or pretense or device whatsoever, be subject to any diminutiɔn so as to reduce the amount thereof to a less sum than is hereinbefore prescribed for each worker respectively.

SOUTH AUSTRALIA.

[Factories act, 1907 (Dec. 21, 1907).]

SECTION 114. (1) No occupier of a factory shall pay any employee therein a weekly wage of less than 4s. (97.3 cents).

Penalty, £10 ($48.67).

SEC. 115. (1) No person shall either directly or indirectly, or by any pretense or device

(a) Require or permit any person to pay or give, or

(b) Receive from any person

any consideration, premium, or bonus for engaging or employing a female as an apprentice or improver in preparing or manufacturing articles of clothing or wearing apparel.

Penalty, £10 ($48.67).

(2) The person who pays or gives such consideration, premium, or bonus may recover the same in a court of competent jurisdiction from the person who receives the same.

SEC. 116. (1) Except with the consent in writing of the minister, no person shall require or permit any person—

(a) To pay a sum of money; or

(b) To enter into or make a guaranty or promise requiring or undertaking that such person shall pay a sum of money in the event of the behavior or attendance or obedience of an apprentice, improver, or employee not being satisfactory to the employer.

Penalty, £10 ($48.67).

(2) Any such guaranty or promise, or a guaranty or promise to the like effect, entered into or made after the commencement of this act without such consent shall be void. (3) Any sum which after the commencement of this act is paid in contravention of this section shall, unless repaid upon demand, be recoverable with costs in a court of competent jurisdiction.

TASMANIA.

[Factories act 1911, sec. 63 (Jan. 10, 1912).]

As to the payment of wages.

63. In order to prevent persons being employed in factories without reasonable remuneration in money the following provisions shall apply:

I. Every person who is employed in any capacity in a factory shall be entitled to receive from the occupier such payment for his work as is agreed on, being not less than 4 s. (97 cents) a week for the first year of employment in the trade, 7 s. ($1.70) a week for the second year, and 10 s. ($2.43) a week for the third year, 13 s. ($3.16) a week for the fourth year, 16 s. ($3.89) a week for the fifth year, 19 s. ($4.62) a week for the sixth year, and thereafter not less than a wage of 20 s. ($4.87) a week, unless such person is the holder of a license to work at a less wage under section 28 of the wages boards act, 1910.

II. Such rate of payment shall in every case be irrespective of overtime.

III. Such payment shall be made in full at not more than fortnightly intervals. IV. If the occupier makes default for seven days in the full and punctual payment of any money payable by him as aforesaid, he is liable to a fine not exceeding 5 s. ($1.22) for every day thereafter during which such default continues.

V. Without affecting the other civil remedies for the recovery of money payable under this section to a person employed in a factory, civil proceedings for the recovery thereof may be taken by an inspector in the name and on behalf of the person entitled to payment, in any case where the inspector is satisfied that default in payment has been made.

VI. No premium in respect of the employment of any person shall be paid to or be received by the occupier, whether such premium is paid by the person employed or by some other person; and if the occupier commits any breach of the provisions of this paragraph he is liable to a fine not exceeding £10 ($48.67).

VII. In any case where a premium has been paid or received in breach of the last preceding paragraph, or where the occupier has made any deduction from wages, or received from the person employed or from any other person on his or her behalf any sum in respect of such premium or employment, then, irrespective of any fine to which he thereby becomes liable, the amount so paid, deducted, or received may be recovered from the occupier in civil proceedings instituted by an inspector in the name or on behalf of the person concerned.

NEW ZEALAND.

Provisions to secure reasonable remuneration to persons employed in factories.

[The factories act, 1908 (Aug. 4, 1908).]

SECTION 32 (as amended by act of Dec. 3, 1910). In order to prevent persons being employed in factories without reasonable remuneration in money, the following provisions shall apply:

(a) Every person who is employed in any capacity in a factory shall be entitled to receive from the occupier such payment for his work as is agreed on, being not less than 5s. ($1.22) a week for the first year of employment in the trade, 8s. ($1.95) a week for the second year, 11s. ($2.68) a week for the third year, and so on by additions of 3s. (73 cents) a week for each year of employment in the same trade until a wage of 20s. ($4.87) a week is reached, and thereafter not less than a wage of 20s. ($4.87) a week. (aa) No deduction shall be made from the wages of any boy or any woman under 18 years of age, except for the time lost through the worker's illness or default, or on account of the temporary closing of the factory for cleaning or repairing the machinery. Such rate of payment shall in every case be irrespective of overtime.

*

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No premium in respect of the employment of any person shall be paid to or received by the occupier, whether such premium is paid by the person employed or by some other person; and if the occupier commits any breach of the provisions of this paragraph he is liable to a fine not exceeding £10 ($48.67).

(g) In any case where a premium has been paid or received in breach of the last preceding paragraph, or where the occupier has made any deduction from wages, or received from the person employed or from any person on his or her behalf any sum in respect of such premium or employment, then, irrespective of any fine to which he thereby becomes liable, the amount so paid, deducted, or received may be recovered from the occupier in civil proceedings instituted by an inspector in the name and on behalf of the person concerned.

SECTION 9 (as amended by act of Dec. 3, 1910). In order to prevent shop assistants being employed in shops without reasonable remuneration in money, the following provisions shall apply:

(a) Every person who is employed in any capacity in a shop shall be entitled to receive from the occupier payment for the work at such rate as is agreed upon, being in no case less than 5s. ($1.22) per week for the first year, 8s. ($1.95) per week for the second year, and 11s. ($2.68) per week for the third year until a wage of 20s. ($4.87) a week is reached, and thereafter not less than 20s. ($4.87) a week.

* * *

(b) Such rate of payment shall in every case be irrespective of overtime. (f) No premium in respect of the employment of any shop assistant shall be paid to or be received by the occupier, whether such premium is paid by the shop assistant employed by some other person; and if the occupier commits any breach of the provisions of this paragraph he shall be liable to a fine not exceeding £10 ($48.67).

(g) In any case where a premium has been paid or received in breach of the last preceding paragraph, or where the occupier has made any deduction from wages, or received from the shop assistant, or from any person on behalf of the shop assistant, any sum in respect of such premium or employment, then, irrespective of any fine to which he thereby becomes liable, the amount so paid, deducted, or received may be recovered from the occupier in civil proceedings instituted by the inspector in the name and on behalf of the shop assistant concerned.

BILL RECOMMENDED BY NEW YORK STATE FACTORY INVESTIGATING COMMISSION.

An Act to protect the health, morals and welfare of women and minors employed in industry by establishing a wage commission and providing for the determination of living wages for women and minors.

SECTION 1. A State wage commission, hereinafter referred to as the commission, is hereby created, consisting of three commissioners, to be appointed by the governor, by and with the advice and consent of the senate, one of whom shall be designated by the governor as chairman. The commissioner of labor shall also be an ex officio member of the commission but shall not have a vote on orders, decisions, or determinations. The term of office of appointive members of the commission shall be for three years, except that the first members thereof shall be appointed for such terms that the term of one member shall expire on January first, nineteen hundred and seventeen, and on January first of every succeeding year. Successors shall be appointed in like manner for a full term of three years. Vacancies shall be filled in like manner by appointment for the unexpired time. The commission shall have an official seal which shall be judicially noticed. The commission shall publish an official bulletin from time to time and shall make an annual report to the legislature of its investigations and proceedings on or about the first day of February.

SEC. 2. The commission may appoint and remove a secretary and such other employees as may be needed to carry out the provisions of this chapter. The authority, duties, and compensation of all subordinates and employees shall be fixed by the commission.

The

SEC. 3. Each commissioner shall be paid ten dollars for each day's service. commissioners and their subordinates shall be entitled to their actual and necessary expenses while traveling on the business of the commission. The salaries and compensation of the subordinates and all other expenses of the commission shall be paid out of the State treasury upon vouchers signed by the chairman.

SEC. 4. The commission shall hold stated meetings at least once a month during the year and shall hold other meetings at such times and places as the needs of the public service may require, which meetings shall be called by the chairman or by any two members of the commission. All meetings of the commission shall be open to the public. The commission shall keep minutes of its proceedings, showing the vote of each commissioner upon every question and records of its examinations and other official action.