University of California Berkeley
WITH AN INTRODUCTORY SKETCH OF THE
SAN FRANCISCO LABOR MOVEMENT
DEDICATED TO
GEORGE ELLIOTT HOWARD, PH.D.,
HEAD PROFESSOR OF POLITICAL SCIENCE AND SOCIOLOGY
IN THE UNIVERSITY OF NEBRASKA,
BY HIS PUPIL AND CO-WORKER.
UNIVERSITY OF CALIFORNIA PUBLICATIONS
IN
ECONOMICS
Vol. 2 August 23, 1910
WITH AN INTRODUCTORY SKETCH OF THE
SAN FRANCISCO LABOR MOVEMENT
BY
LUCILE EAVES
Late Flood Fellow in Economics at the University of California
Associate Professor of Practical Sociology at the University of Nebraska
BERKELEY
THE UNIVERSITY PRESS
Copyright, 1910,
By LITCILE EAVES.
Published August, 1910.
i I IhUAUV
CONTENTS.
CHAPTER I.
PAGE
THE SAN FRANCISCO LABOR MOVEMENT 1-81
Reasons for the Leadership of San Francisco 1
Forms of Labor Organizations in San Francisco 6
The Early Period of Trade-Unionism, 1850-1870 8
The Workingmen's Convention of 1867 16
The Labor Movements of the Seventies 20
The Workingmen's Party of California, 1877-1879 27
Influence of the Workingmen 's Party on the California Constitution 36
Growth towards a Unified Trade-Union Movement, 1878-1885 40
The Knights of Labor 41
The Internationalists 42
The Convention of 1885 43
The Federated Trades of the Pacific Coast, 1886-1892 44
New Trade-Union Aims and Methods, Boycotts and Strike-benefits 47
The First Organized Opposition of the Employers 50
First Employers' Association 52
Struggle between the Employers' Association and the Sailors' Union 54
Results of the First Contest with Organized Employers 57
The Revival of the San Francisco Labor Movement, 1897-1901 59
The Second Great Struggle of Organized Capital and Labor 63
Teamsters' Strike of 1901 69
The Labor Unions in Politics 75
Recent Tendencies of San Francisco Trade-Unionism 79
CHAPTER II.
SLAVE OR FREE LABOR IN CALIFORNIA 82-104
The Slavery Question Prior to 1849 82
Discussions of Slavery in the First Constitutional Convention 83
Compromise Measures by Which California was Admitted to the Union 88
Efforts to Exclude Free Negroes 89
PAGE
Increase of Negro Population 90
Attempts to Secure Concessions to Slavery 91
Movement for a Division of the State 92
The California Fugitive-Slave Law 94
The Last California Fugitive-Slave Case 99
CHAPTER III.
CALIFORNIA LEGISLATION FOR THE EXCLUSION AND REGULATION OF THE
CHINESE, 1852-1867 105-125
The Beginnings of Chinese Immigration 105
The First Efforts to Secure Anti-Chinese Legislation 107
Opposition to the Chinese in the Mining Camps 110
Exclusion of Chinese Testimony from the Courts 113
Preliminary Summary of Anti-Chinese Legislation 114
Local Regulations of Chinese Labor, 1852-1867 117
Combined State and Local Regulations, 1855-1867 119
Attempts to Exclude the Chinese by State Laws, 1852-1862 122
The Workingmen of the Cities Take Up the Campaign Against the
Chinese . 125
CHAPTER IV.
FEDERAL RELATIONS WITH THE CHINESE, 1840-1871 126-135
The Burlingame Treaty 126
Effect of the Fourteenth and Fifteenth Amendments 127
First Congressional Debate on the Chinese Question 129
CHAPTER V.
CALIFORNIA LEGISLATION FOR THE EXCLUSION AND REGULATION OF THE
CHINESE, 1867-1880 136-161
The Anti-Chinese Movements of the Early Seventies 136
San Francisco Ordinances Regulating the Chinese 142
State Anti-Chinese Legislation, 1870-1876 145
San Francisco Anti-Chinese Demonstrations of 1876 148
The Workingmen 's Party and the Chinese 150
The Chinese Question in the Constitutional Convention 150
Continued Efforts of the Labor Organizations to Secure Chinese
Exclusion . - 161
CHAPTER VI.
PAGE
FEDERAL LEGISLATION REGULATING CHINESE IMMIGRATION, 1871-1902. .162-196
Naturalization Laws 162
Laws Prohibiting Contract Labor 163
Early Efforts of Western Congressmen to Secure Chinese Exclusion 163
Joint Congressional Committee of Investigation of 1876 164
The First Restrictive Legislation, the Fifteen Passenger Bill 167
Bitter Resentment of the Veto of the Bill 171
Negotiation of a New Treaty with China 172
The Exclusion Law of 1882 173
Amendments to the Law of 1882 180
Feeling Against the Chinese in the Later Eighties 184
The Exclusion Laws of 1888 188
Renewal of the Exclusion Laws in 1892 191
Renewal of the Exclusion Laws in 1902 196
CHAPTER VII.
THE LENGTH OF THE WORK-DAY IN CALIFORNIA 197-228
The Ten-Hour Law of 1853 197
The Eight-Hour Movement of the Sixties 198
Efforts to Assist the Passage of the Federal Eight-Hour Law 206
Enforcement of the California Eight-Hour Law 207
Loss of the Shorter Work-Day 212
Continued Agitation in Favor of the Eight-Hour Day 213
The Eight-Hour Law Advocated by the Workingmen's Party 215
The Eight-Hour Provision of the New Constitution 216
Trade-Union Efforts to Shorten the Work-Day. 1882-1890 216
Renewed Efforts to Enforce the Eight-Hour Law on Public Works .... 219
Amendments to the Eight-Hour Law, 1899-1901 221
Laws Restricting the Hours of Labor of Certain Special Classes of
Workers 224
Recent Progress of the Eight-Hour Day, 1900-1908 225
CHAPTER VIII.
IjAWS FOR THE PROTECTION OF THE WAGES OF LABOR 229-260
General History of This Class of Legislation 229
Lines of Development of the Mechanics' Lien Laws 232
Extent of Application of Lien Laws 233
Funds to Pay Lien Claims 236
PAGE
The Legal Process by Which Mechanics' Liens are Obtained and
Enforced 244
Time of Filing Claims 245
Form of Document Filed, or of Notice to the Owner 246
Time of Commencement of Suit 248
The Costs of Securing Wages by Means of Mechanics' Liens 248
Forfeiture of a Mechanics' Lien 250
Preference Given the Lien for Wages 251
Laws Allowing Liens for Various Forms of Service 253
Laws Making Wages Preferred Claims 255
Failure to Secure Prompt Cash Payment of Wages 257
CHAPTER IX.
Laws Eegulating the Relationship of Employer and Employee 261-286
Influence of the Common Law of England .-. 261
Terms of the Labor Contract 262
Termination of Services 263
Damages for Violation of the Labor Contract 265
Obligations of the Servant or Employee 266
Obligations of the Master, and His Liability for the Injury of the
Servant, General Analysis 268
Obligation to Furnish Safe Appliances and Places of Work 268
Care in Selection of Fellow-Servants 271
Obligation to Give Instruction about Dangers 271
Employers' Liability for Injury to the Employee 272
Recognition of the Doctrine of Vice-Principal by the California Courts 274
Great Extent of Application of the Fellow-Servant Rulings 277
Decisions Where Knowledge of the Danger Prevented Recovery of
Damages 278
Damages Allowed for Injuries or Death 280
Amendments to the Employer's Liability Laws, 1903, 1907 aoz
CHAPTER X.
LAWS REGULATING THE LABOR OF CHILDREN 287-310
Laws for the Regulation of Apprenticeship 287
Laws Regulating the Conditions under Which Minors may be Employed 295
Compulsory Education Laws k .... 307
Effects of the Enforcement of These Laws 308
Laws Protecting Working Children from Immoral Influences 308
Need of Better Enforcement of the Laws for the Protection of
Children .. 309
CHAPTER XL
PAGE
LAWS FOR THE PROTECTION OF THE WOMEN WORKERS OF CALIFORNIA. .311-317
Relatively Small Number of Women Wage-Earners 311
Efforts to Secure Constitutional Recognition of Women's Rights 313
Women in the Trade-Unions 314
Passage of the Laws Protecting Women Workers, 1889 315
CHAPTER XII.
LAWS FOR THE PROTECTION OF THE LIFE AND HEALTH OF EMPLOYEES. .318-323
Boiler Inspection 318
Safety of Miners 319
Sanitation of Workshops 320
CHAPTER XIII.
SUNDAY LAWS 324-334
Early Efforts to Prevent the Violation of the Sabbath 324
Argument on the Validity of the Law of 1855 326
Amendments of 1861-1872 327
Efforts to Secure a Shorter Work-Day for the Bakers 330
Repeal of the Sunday Laws 331
Trade-Union Efforts to Secure a Day of Rest 333
CHAPTER XIV.
EMPLOYMENT AGENCIES 335-351
Early San Francisco Intelligence Offices 335
Attempts to Regulate the Business in 1861 336
The California Labor Exchange, 1868-1872 337
Frequent Changes in the Number and Proprietorship of Employment
Offices 340
Efforts to Correct the Abuses of the Employment Agencies, 1890 341
CHAPTER XV.
LAWS FOR THE REGULATION OF CONVICT LABOR 351-368
The Leasing System 351
The Contract System of Prison Labor 356
Early Efforts to Secure Legislation Preventing the Competition of
Convict and Free Labor 357
Changes of Policy Inaugurated by the New Constitution 360
Summary of the Effects of Contract System of Prison Labor 361
Development of Prison Industries under State Control 362
ix
CHAPTER XVI.
PAGE
THE STATE BUREAU OF LABOR STATISTICS 369-378
Attempts to Establish a Labor Bureau in 1878-1879 369
Creation of the Bureau of Labor Statistics in 1883 371
Summary of the Work of the Bureau 372
CHAPTER XVII.
THE STATE BOARD OF ARBITRATION 379-384
Establishment of the Board in 1891 380
Failure of this Plan for Settling Labor Disputes 382
CHAPTER XVIII.
THE UNION LABEL 385-393
First Use of Means of Identifying Products of Union Labor in 1869-
1874 .'. 385
Efforts to Prevent Fraudulent Use of the Label 386
Use of the Label by the Printing Trades 389
Union Labels on Public Printing 390
Decisions Recognizing the Validity of the Label Law 392
CHAPTER XIX.
JUDICIAL RESTRAINT OF THE ACTIONS OF TRADE-UNIONS 394-438
Cases Growing Out of the Enforcement of Trade-Union Rules against
Fellow- Workmen 394
The Boycott before the California Courts 403
The Development of the Use of the Injunction in Labor Controversies
in Other Parts of the United States, 1888-1900 407
Precedents for the Use of the Injunction Set by the Federal Courts 409
California Injunction Cases, 1899-1907 413
Anti-Injunction Legislation 422
Injunction Cases Subsequent to the Passage of the Restraining Act 425
California Federal Court ^junction Cases 432
Summary of the California Injunction Cases 436
CHAPTER XX.
SUMMARY AND CONCLUSIONS 439-443
BIBLIOGRAPHY 444
INDEX OF CASES 449
INDEX OF SUBJECTS ... 452
PREFACE.
In this study of the California labor legislation, I have
regarded the legal enactments as but the final expression of the
demands of the wage-workers of the state at different periods in
its economic development. I have tried to trace the circumstances
giving rise to these demands, and also the social forces making
possible the passage of the proposed measures. As this is a type
of legislation which establishes new precedents, its presentation is
incomplete without a review of the court decisions by which the
labor laws have been interpreted and fitted into the existing legal
system.
The author frankly acknowledges a sympathetic interest in
the long struggle of the working people of California to obtain
legal protection and to win a full share in those economic
advantages afforded by the rich natural resources of the state.
While it is impossible to escape entirely from such a personal
bias, an earnest effort has been made to give an impartial presen-
tation of the facts that are most essential to an understanding
of the development of the California labor movement and
legislation.
I have hoped that this study might prove a modest contribu-
tion towards a better understanding of some of those subtler
problems of social and economic development that must occupy
the future students of American history. The records of the
western states, particularly of California, furnish rich material
for this type of history. A favorable environment, a population
of great intelligence and power of initiative, and an unusual
freedom from the restraints of older communities, have all com-
bined to make possible an untrammelled development of forms
of social life which may yet prove to be the sources of what is
most original in our civilization.
The introductory sketch of the San Francisco labor movement
has been written primarily for the purpose of giving an under-
standing of the social forces back of the labor legislation. In
it I have endeavored to trace the development of the organi-
zations of wage-workers, and to notice the events leading to or
indicating important changes of policy. It has been necessary
to omit much that may be regarded as important from other
points of view. For example the strike of the street-car em-
ployees in 1907 involved many people and was interesting as
a demonstration of the solidarity of feeling on the part of the
wage-workers of San Francisco, but did not influence labor
legislation or establish new policies. It has not been considered
necessary to enter fully into the history of the Labor Union
party for the same reasons.
Running through this record of the organized efforts of the
wage-workers to secure legislation protecting their interests, we
find two distinct social movements which have great interest for
the sociologist. First, an exceptionally good opportunity is given
for the study of problems that arise when races incapable of
amalgamation meet in economic competition. Second, this history
furnishes the social psychologist with material enabling him to
trace the process of development of social sanctions whose
strength is comparable only to those of great religious movements
of the past. Such a study has great practical value for those
who are striving to understand the industrial problems of other
sections of the country, as we have in San Francisco but the
culmination of tendencies present in a less degree in other parts
of the United States.
The two periods when the power of concerted action de-
veloped in economic contests was diverted to the field of politics
are peculiarly suggestive. Only unusual circumstances, tending
to arouse a strong class consciousness, have been able to bring
about united political activity on the part of the working people
of California. In the history of the Workingmen 's Party of
1877-1879, and the political activities in San Francisco in 1901-5,
we have instructive examples of the political upheavals to which
our modern economic struggles may give rise.
This study was undertaken after five years spent in educa-
tional work among the wage-earners of San Francisco. I have
tried to combine in it the scholarly interests of my University
experiences, and the practical aims of a settlement worker. I
feel that the California labor movement has attained the degree
of development possible by the cruder methods, and that it has
now reached a stage where greater knowledge and a more states-
manlike insight into the complex economic life of our age, are
necessary for further growth. I hope that this exposition of
legal principles determining the validity of past legislation will
enable the trade-unionists of California to understand more
clearly the legal status of their movement, and will prevent the
waste of energy in securing the passage of unconstitutional
measures, which has so frequently occurred during the earlier
periods of trade-union activity. A knowledge of the long record
of successes and failures of the past should help the cultivation
of that patience, that willingness to work steadily through many
discouragements for the attainment of completer justice for the
masses, that have been necessary in all great democratic move-
ments.
I am indebted to Professor A. C. Miller, of the University of
California, for suggestions and encouragement at every stage of
the work. Professor H. W. Farnam, of Yale University, has also
read the book in manuscript. Professor C. C. Plehn, of the
University of California, generously permitted me to use a large
amount of material collected by his pupils. I am also indebted
to Miss Eudora Garoutte, of the California History Department
of the California State Library, for many useful references.
The officers of the San Francisco labor organizations, particularly
of the Labor Council, the Sailors' Union of the Pacific, and the
Typographical Union, have been most courteous in allowing me
access to records, and in answering questions. Mr. W. J. French,
editor of the Labor Clarion, has assisted me in clearing up a
number of obscure points. I wish to make particular acknowl-
edgment of the valuable assistance I have received from Mr.
Walter Macarthur, editor of the Coast Seamen's Journal. He
has not only allowed me to make use of the many important
records of his office, which escaped the San Francisco fire of 1906,
but has also assisted me by a generous expenditure of time and
thought in the discussion of important phases of the work.
I have been permitted by the Academy of Pacific Coast
History to use the Bancroft Library of the University of Cali-
fornia. Its valuable newspaper files were of great assistance.
The undertaking of this piece of research was made possible
by the Flood Fellowship in Economics which I held while en-
gaged upon it, and by financial assistance received from the
Carnegie Institution. This study was completed in December,
1908, and does not contain the decisions and legislation subse-
quent to that date.
LUCILE EAVES.
CHAPTER I.
THE SAN FRANCISCO LABOR MOVEMENT. 1
REASONS FOR THE LEADERSHIP OF SAN FRANCISCO.
The leadership of the labor movement, not only of California
but also of the Pacific Coast, has centered in San Francisco.
This has not been due merely to the financial and numerical
strength possible to the organizations of a great center of popu-
lation. The unions of San Francisco have furnished able leaders
and the initiative in forming organizations for the entire region
west of the Rockies. At times her central bodies have been rep-
resentative of the wage-workers of other portions of California,
and of Oregon, Washington, and Nevada. A history of the vary-
ing aims and strength of the San Francisco labor movement
furnishes the key to an understanding of the California labor
legislation, as there are but few important measures for the
protection of the wage-workers of the state which cannot be
credited to the efforts of the organized workers of this great
industrial center.
Many factors have combined to give San Francisco this trade-
union leadership in the West. Indeed, it might be safely asserted
that these same causes tend, at the present time, to make this the
chief stronghold of American trade-unionism. These factors
may be described as:
1. Geographical factors, or the situation of San Francisco in
its relations to the economic development of California.
2. The effects of the concentration of the population in the
cities about San Francisco Bay.
3. The influence of the race elements composing the popula-
tion.
i This introductory sketch of the San Francisco labor movement was
submitted as the author's doctor's dissertation in the Department of
Sociology at Columbia University.
2 University of California Publications in Economics. [Vol. 2
4. Historical factors that have promoted the development of
trade-unionism.
Geographical Factors.
One has only to glance at a map of the Pacific Coast to realize
the importance of this centrally located harbor, on a coast where
the mountains crowd close to the oceanside, and where but few
indentations permit a safe entrance for commerce. In the first
great rush to the gold mines, a large part of the population of
the state coming from other portions of the Union, and all of the
foreigners, entered California by way of San Francisco. Supplies
for the mining region were also first landed here and then re-
shipped to the interior points for distribution. The Sacramento
and San Joaquin rivers emptying into San Francisco Bay were
the two great natural highways making possible communication
with the interior of the state. With the development of the
agricultural resources of these rich interior valleys, San Fran-
cisco furnished the market for their products. The rapidly
accumulating capital of the state found this the best place for
investment in commercial and manufacturing enterprises. The
rich came here to spend their money; the unemployed returned
in search of new opportunities; this was the port of departure
for the discouraged, or for those who hastened back to their
families with what they considered a fair share of the wealth of
the gold mines. Prior to the building of the overland railroads,
during all of the important formative period, the economic life
of the state centered in San Francisco.
Concentration of Population about San Francisco Bay.
These natural advantages have resulted in a concentration of
the population of California in the cities grouped about San
Francisco Bay. From 1870 to the present time, about one-third
of the inhabitants of the state have been found in San Francisco
and Alameda counties. 2 A strong labor movement is possible
only in a great center of population. Such a center has the large
2 The percentages of the population of the state living in San Francisco
and Alameda counties at the different decades when the United States Census
has been taken were as follows: 1860, 12%; 1870, 31%; 1880, 34.3%; 1890,
32.5%; 1900, 31.8%.
1910] Eaves: California Labor Legislation. 3
number of skilled artisans who form the more permanent organ-
izations and furnish intelligent leadership. Numbers not only
give courage and enthusiasm, but also supply the economic sup-
port that is necessary to enable any group of wage-workers to
enter upon a successful contest with their employers.
This concentration of population has given San Francisco
great influence in politics. The San Francisco vote has deter-
mined the state elections and was an important influence in
national politics during the years when presidential elections
were closely contested. As will be shown in the later discussion
of the political activities of the trade-unions, the older political
parties have never had a strong hold here. Whenever conditions
are such that the large body of voters found in the labor organ-
izations unite to obtain some object, they may hold the balance
of power in any election. From early days politicians have found
it necessary to court the favor of the San Francisco trade-
unionist.
Race Elements.
Although San Francisco is one of the large cities of the
United States in which three-fourths of the citizens are of alien
parentage, 3 its population is composed of race elements quite
different from those of the large cities of the East. The accom-
panying table shows the numbers of foreign males of specified
nationalities in California, estimated on the basis of the per cent,
of males among the foreign born at each decade : 4
g si, s a gs -
o ^ - - ^ .2 2 0.9 ^
Q EH SS^^WO&IcB^sS
1850 21,802 20,439 93. 2,280 4,528 2,721 1,438 3,854 212 660
1860 146,528 116,934 79. 26,187 18,638 17,100 6,145 9,085 2,216 22,385.
1870 209,831 150.058 76. 41,396 26,524 22,579- 6,132 8,677 3,542 45,429
1880 292,874 208,526 71. 44,703 38,326 30,198 6,780 11,809 5,351 71,328
1890 366,309 252,525 68. 42,934 49,843 41,811 8,061 6,010 10,537 69,382
1900 367,240 240,237 65. 28,909 51,572 47,092 7,967 6,318 14,805 42,297
3 The cities in the United States in which the census of 1900 shows a
high percentage of residents of foreign parentage are: Milwaukee, 82.7%;
Chicago, 77.4%; New York, 76.9%; Cleveland, 75.6%; San Francisco,
75.2%; Boston, 72.2%.
4 This table was compiled by Mrs. M. E. Coolidge, for use in her study
of the Chinese. (New York, 1909.) She has kindly permitted me to use it.
4 University of California Publications in Economics. [Vol. 2
We see from this table that among the foreign-born residents of
California an unusually high percentage has come from English-
speaking countries. The English or Scotch artisan, whether
from the old country or from Australia or British Columbia, is
accustomed to trade-union membership, and the ability of the
Irish to control municipal politics is proverbial. The German
trade-unions of San Francisco have been among the most suc-
cessful and persistent. For many years there have been German-
speaking unions of bakers, cabinet-makers, brewers, and in early
days the majority of the cigar-makers were of this nationality.
The Sailors' Union has furnished a training school for the San
Francisco trade-unionist. Between 1889 and 1903, 13,796 men
have left this organization to enter other occupations. Nearly
one-half of these men were natives of Sweden, Norway, and
Finland, and ten per cent, were German. 5 These sailors speak
English and are staunch trade-unionists.
Independence, capacity for self-government, and power of
initiative have always been characteristic of the frontier. Some-