Bureau of Labor Statistics, providing for an inspector of safety appliances.

A bill to protect laborers employed at Texas ports from injury in handling defective baled cotton. Many hundreds of men are annually maimed and crippled while handling cotton bales which have been defectively compressed.

A bill prohibiting the sale by the State or municipalities, or giving of franchises, grants, or special privileges to private interests to build, own and operate wharves and terminals bordering on navigable channels, and thereby prevent the creation of monopolies to the detriment of commerce.

A bill requiring all steam boilers, carrying a pressure of ten pounds or more, to be inspected at least once a year, and providing that the inspection fee shall not be less than $3.00 nor more than $7.50, in any one inspection. Fee to be graded according to steam pressure carried by boiler.

A New Member.-The Joint Board convened in Austin, Texas, January 10, 1911, for the purpose of presenting the questions of legislation in the hands of the Thirty-second Legislature. Bro. R. S. Greer, representing the State Council of the Carpenters' Union, asked for admission to the board, and was, accordingly, admitted for the present session, though such membership on the board to be ratified by the joint biennial convention to be held in San Antonio in April, 1912.

The Thirty-Second Legislature.

We come to you at this time with some regrets, owing to the failure of meeting the success which came to us in the three preceding legislatures.

Without any criticism for the present administration, we are free to say that conditions during the Thirty-second Legislature were peculiar, and different from any we have had to meet since the organization of your joint board. The campaign was made for "fewer, better laws," "political peace and legislative rest," but of the three it appears that only the one slogan, legislative rest, has been realized, and that has not been entirely successful. But to this end there was plainly to be seen in the capital an earnest effort to bring all three about, for the simple, and evidently proper purpose, that Mr. Colquitt had been elected Governor upon well defined questions indicating the above.

Before closing our résumé of this report, we feel it our duty to make this suggestion that the defeat of our important measures was not for the lack of votes. had we been able to get them before the two houses, but that many, enough of our friends sought to delay them, and thereby avoid going on record before their constitments, and for no other reason, perhaps, than that they had made an agreement along this line, and to the end that no regulation measures should be passed, be

cause capital might be frightened thereby. Be this as it may, it places the lesson before us that to succeed we must be vigilant all the time, and that we may be very careful not to neglect our own affairs, while seeking to assist those who cooperate with us only when their critter is in the mire.

Reward Our Friends.-There were some, a few, of the faithful friends who stood by us in the Thirty-second as they have sufficient reasons we refrain from naming in the past sessions, though for good and them here. Their names are plainly written in the memory of every member of your board, and their interests shall always be remembered.

Our Farmer Friends.-Mr. F. I. Townsend, representing the Farmers' Union during the session, was friendly with your board and, though not allied, conferred on many matters with us, and we wish to say that our people in all parts of the State should cultivate acquaintance with the farmer for, after all, we must concede them to be the power in all questions in governmental affairs, and should be looked to as a common friend and especially in legislative matters.

Other Good Friends.-Many of the employes of the Senate and the House have, as in the past, given your board kind and courteous treatment, and, though we had little to ask at their hands this year, we thank them just the same. Here are a few of those who were especially kind to us in the Senate:

M. F. Hornbuckle, sergeant-at-arms, and D. F. Hughes, his assistant; Clyde clerk; E. C. Stanberry, calendar clerk; Smith, secretary; R. M. Gilmore, journal Capt. E. I. Kellie, doorkeeper, and his assistant, John A. Gano; F. P. Smith, engrossing clerk; J. P. Campbell, enrolling clerk; Fred L. Flin, sergeant-at-arms' clerk; J. C. Canty and many others.

And those in the House follow :

Bob Barker, chief clerk; Sebę NewCharles P. Burkes; O. P. Basford, readman, sergeant-at-arms, and his assistant, ing clerk; J. L. Robinson, journal clerk; J. T. Robinson, enrolling clerk; Laten Stanberry, engrossing clerk; Charles A. Graham, calendar clerk; Capt. John L. Sullivan, doorkeeper, and his assistant. W. G. Wilkins; Steward Francis, clerk to sergeant-at-arms, and many others, who were very courteous to your board, and all of whom assisted the board in many ways, and for which we desire to extend our best wishes and thanks for their kind

nesses.

The Joint Board's Suggestion.-Finally, your board desires to present one question for your careful and earnest consideration, and sincerely urge that you accept these suggestions in the spirit in which they are made. The initiative and referendum will, in our judgment, be one of the very important questions to be passed upon by the voters of this State within

the next few years, very probably in the campaign of 1912, and for our people to be able to carefully and intelligently pass upon this question, earnest attention should be given to it, to the end that an intelligent verdict, and one that will be final, may be had at the ballot box by all the people of Texas. This, like all other intended governmental reforms, must be met, and, if thought to be good, adopted, though a careful study of every such question should be given by every citizen in the State.

be construed to embrace the following persons only: All persons actually employed and engaged in the service of any such companies, including its officers, physicians, surgeons and general attorneys and attorneys who appear in courts to try cases and who receive a reasonable annual salary; furloughed, pensioned and superannuated employes, persons who have become disabled or infirm in the service of any such common carrier, and the remains of the person killed in the employment of a carrier, and ex-employes traveling for the purpose of entering the

lature.

Following will be found a synopsis of the measures enacted into law, and also those of importance that were defeated, some of which were not strictly joint board measures, though they may be regarded of some importance to those interested in this work, but they are divided so that you may determine those that are strictly board measures.

Joint Board Measures-Amendment to the Bureau of Labor Law.-This was an amendment to the present Bureau of Labor law, providing for an inspector of safety appliances, and was introduced in the House by Mr. Bagby, of Lavaca, and in the Senate by Messrs Real and Townsend, and met with little opposition, and that was in the Senate. It passed both houses by practically an unanimous vote, though Senators Hume and Kaufman made an adverse minority report in the committee, and in the personal record the test vote on the bill is based on an amendment offered by Senator Murray, and the vote to table that amendment is the vote quoted in the personal record.

Air Brake Inspection Bill.-House bill No. 67, introduced by Mr. Burns and Mr. Stead, and passed both houses with but little opposition.

Anti-Pass Law.-The amendment offered by your board to the Anti-Pass law is carried below, that you may understand that this law now conforms to the Federal law on the same question. Many of our friends voted against the passage of this law, and which is quoted in the personal record of the members, for the reason that many other amendments were inserted to which they objected, therefore this explanation.

SEC. 2. That the provisions of Section 1 of this act shall not be held to prohibit any steam or electric interurban railway

company

or chartered transportation company or sleeping car company, or the receivers or lessees thereof or persons operating the same, or the officers, agents or employes thereof, from granting free or exchanging free passes, franks, privileges, substitute for pay or other thing herein prohibited to the following persons: The actual bona fide employes of any such companies and the members of their families. The term employes shall

the term families as used in this paragraph shall include the families of the persons named in this provision; also the families of persons killed while in the service of any such common carrier; also persons actually employed on sleeping cars, express cars, employes of telegraph and telephone companies, newsboys employed on trains, railway mail service employes, postoffice inspectors, chairmen and bona fide members of grievance committees of employes.

Semimonthly Pay Day Bill.-As the name was drawn So as indicates, this bill to require all industrial and transportation companies to pay their employes twice each month and to pay within fifteen days of date of payment. A good bill and one that would have been valuable, especially to employes of transportation companies; but unfortunately met with great and direct opposition from those whom it was intended to benefit, and died on the calendar as a result of this opposition. This bill was introduced in the House by Mr. Hill, and by Messrs. Vaughan and Collins in the Senate.

New Hospital Bill.-This bill was introduced in the Senate the very first days of the session, Senator Lattimore being the author. We were nearly a month getting it out of the committee, where the railroad managers and attorneys opposed it strongly, and even after the bill had been redrawn, and should not have been objectionable to the railroads, they still pressed their opposition, and by dilatory tactics toward delay it never reached a vote in the Senate.

Uniform Rules Bill.-This bill was introduced in the House, but owing to the Full Crew bill being a first preferential measure, and not wishing it to interfere with this or any other preferential measures, thereby it suffered death on the calendar. Mr. Walker, of Tarrant County, introduced this bill in the House.

Boiler Inspection Bill.-When this bill came up for final passage it was defeated by a large majority, some of our best friends voting against the bill on account of the fact that it had been rendered useless by the amendments that had been saddled onto it. Owing to the fact that the bill was killed in the House before it came up in the Senate, it was not acted on by that body.

The Full Crew.-An amendment to the present Full Crew law was introduced both in the House and in the Senate early in the Thirty-second Legislature.

This safety measure is a meritorious measure and should have passed, and we believe would have passed could it have been brought up for action, but the powers that be willed it otherwise and it died.

Senate Concurrent Resolution.-This resolution was the third preferred measure of the State Federation of Labor and was introduced in the Senate by Senator Collins.

It died on the calendar on account of the limited time and being crowded out by other legislation.

Eight Hour Bill.-House bill No. 98, in troduced by Mr. German, and which was the preferential measure of the State Carpenters' Council, was reported unanimously out of committees of both the House and Senate, and was taken care of in the Senate by Mr. Collins. It met little or no opposition in either house of the legislature.

Child Labor Law.-Some time before the convening of the Thirty-second Legislature the labor department at the State Capitol, through its factory inspection, learned that the child labor law then in existence was such as to afford hardly any relief to the child of tender years.

The department, joined by the representatives of a certain organization, hereinafter mentioned, drafted the Child Labor law, which was introduced in the Senate by Senator McNealus, of Dallas, who deserves much credit for its successful passage in the Senate, and his watchful care with the assistance of Representative Byrne, of Smithville, in the House.

The bill was not a board measure. However, we were not slow to give it our hearty approval, and gave it such assist ance as was in our power. Under the old law children could be worked in factories where dangerous machinery was used, at twelve years. Under the present law the age has been raised to fifteen years. Under the old law children could be worked in mines, breweries and distilleries at sixteen; under the present law the age has been raised to seventeen.

The following persons deserve especial credit for the passage of this bill: Mrs. E. P. Turner, Chairman Child's Welfare Conference of Texas, Dallas, Texas; Mrs. J. N. Porter, President State Congress of Mothers, Dallas, Texas; Mrs. S. J. Wright, President Federation of Women's Clubs, Paris, Texas; Mrs. D. B. Throop, Mrs. J. M. Young and Mrs. E. A. Graves, of Austin, Texas, and Prof. A. Caswell Ellis, of the University of Texas, Chairman Executive Committee of Child's Welfare Conference of Texas.

Employes' Compensation Act.-There has been much agitation in several States of the Union with reference to the creation of a law that would bring about a

fair adjustment of personal injury cases, fair both to the employer and employe, and to provide that all injured employes shall receive such compensation as is fair to both employer and employe, regardless of the negligence of either party and, further, that the employe shall receive all of the benefits without being compelled to divide with an attorney and possibly wait long years for final adjustment of the matter.

A bill of such a nature was introduced in the Senate by Senator Collins. However, the Senator never succeeded in getting it upon the floor of the Senate for action. Representative German, who had also given the matter some study, introduced in the House a concurrent resolution, which required that the Speaker of the House should appoint four members, and the President of the Senate three members, the seven to constitute a committee to investigate and report back to the Thirty-second Legislature their findings with reference to the compensation of employes when injured, and to draft such a measure as in their estimation would cure the evils complained of.

This resolution passed both House and Senate, and was approved by the Governor on the 23d day of February; but for some reason unexplainable, the President of the Senate did not appoint this committee until the 2d day of March, and because of the near approach of adjournment and the great flood of bills and their authors, clamoring for action, the committee reported by resolution requesting each member of the committee to study the question in the interim of session and be prepared to report separately thereon. Mr. Coffey, had Convict Label Bill.-House bill No. 28 by for its object the marking or labeling of all convict made goods, "convict made." The bill met much opposition from those who had championed the Farmers' Cotton Factory bill, believing it would discriminate against the Texas factory, and for these reasons it was defeated; otherwise it would have become a law.

Two Mine Laws.-The miners had introduced by Mr. Maddox, in the House, two bills having for their purpose the protection of the lives of those working in the mines against the dangers of electric wires and fires that might originate from the practice of keeping stock in the mines which required feed to be stored in the mines for such animals. These two bills were passed with but little opposition in both houses.

State Inspector of Masonry Bill.-Mr. W. J. Moran. representing the bricklayers' had organization, creating the office of State inspector of introduced a bill masonry, and which passed both houses by practically an unanimous vote, and will, it is thought, save the State thousands of dollars. Mr. Moran made his headquarters at the office of the board, and was rendered what assistance could

spector.

ers.

Child Labor law.

California's New Liability Law.

The New Employers' Liability and Employes' Voluntary Compensation Law of California-effective September 1, 1911-is, as the title implies, a combined liability and compensation act. Its salient features are as follows:

1. Increasing the liability of the employer for injury or death resulting therefrom, suffered by an employe in the course of the employment and through the fault or negligence of the employer

or of a person for whose conduct he is held responsible, by the removal of certain customary defenses.

2. Providing for automatic compensation in cases of accident regardless of fault or negligence of either party.

The first section of the act contains the provisions relating to employers' liability in general, and reads as follows:

Sec. 1. In any action to recover damages for a personal injury sustained within this State by an employe while engaged in the line of his duty or the course of his employment as such, or from death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary or reasonable care of the employer, or of any officer, agent or servant of the employer, the fact that such employe may have been guilty of contributory negligence shall not bar a recovery therein where his contributory negligence was slight and that of the employer was gross, in comparison, but the damages may be diminished by the jury in proportion to the amount of negligence attributable to

plained of. (2) That the injury or death was caused in whole or in part by the want of ordinary or reasonable care of a fellow-servant.

The first section of the new law, in effect September 1, 1911, abolishes en- . tirely the fellow-servant rule and the defense known as the assumption of risk. The defense known as contributory negligence is mitigated in important respects. Contributory negligence is where negligence both on the part of the employer and of the employe contributes to an accident. At common law and in this State up till now contributory negligence of the employe bars recovery. The new section gives a right of action not in all cases, but at least where it can be shown that the contributory negligence of the employe was slight and that of the employer gross in comparison, when damages are to be awarded by the jury in proportion to the amount of negligence shown. Furthermore, the defense of contributory negligence is taken away from the employer entirely where the accident is caused through the neglect of the employer to observe a statute enacted for the safety of the employes.

Features of Compensation Law.-In setting forth the principal features of the compensation law, I aim to describe the law and its provisions in simple language by eliminating, as far as possible, all legal terms and phrases.

It will be to the advantage of all work

ingmen and women of California to familiarize themselves with certain phases of this law before it goes into effect, September 1, 1911.