To which the following reply was made: ATTORNEY GENERAL'S OFFICE, W. H. HILKENE, Commissioner of Labor Statistics: SIR-I am authorized by the statute which defines my official powers to give an opinion "to the Governor, Secretary of State, Auditor, Treasurer, Register of Lands, Superintendent of Schools and any circuit attorney." (Wagner's Statutes, page 201, § 3.) The officers whom I am empowered to advise being specifically named, I am impliedly prohibited from giving an opinion to any officer other than those named. It follows that I cannot, under the law, officially answer the inquiries you are pleased to propound in yours of the 5th inst. I may be permitted to suggest that I have looked at the act of May 19, 1879, (Acts of 1879, page 164,) and can see no provision conferring power upon the Commissioner to compel observance of sections five and six of said act. It may be that the courts would require a person to comply with the requests of the Commissioner, so far as authorized by said sections, by proper proceedings by mandamus. I can see nothing in said act requiring you to use a seal in your office. Very respectfully, J. L. SMITH, Attorney General. From this it was forcibly apparent that the powers of the Bureau were not very definite, and that to test them would require the intervention of the courts, for which purpose the Bureau had not the pecuniary means. The only alternative was to depend upon voluntary answers to blank schedules and personal inquiries. Not since 1867 has there been any official bureau of statistics in this State. In 1866 a bureau designed to cover work of a general character was established, and after issuing two annual reports was discontinued in 1867. But in looking over the field of operations for the Bureau of Labor Statistics, the conviction forced itself upon us that with the limited appropriation allowed by the law, no extensive statistics could be gathered, neither was it the intention of the law in the creation of the Bureau to cover such general work. So we confined our investigations mainly to matters directly affecting the labor interests, its conditions and welfare. On September 4, 1879, a circular was issued by the Bureau, appealing to the public for co-operation, and making known the fact that the Bureau was organized and had entered upon its work. It invited correspondence and suggestions bearing upon the elevation of the laboring classes. It was sent for publication to every newspaper in the State, and was circulated extensively in the large cities and industrial centers of our State. The object of the circular was to awaken public interest, to acquaint it with the nature of the work to be done, and to enlist its most active support in the investigations. As the appropriation did not permit the employment of agents to obtain statistics by personal canvass, it then became necessary to resort to the unsatisfactory method of sending out schedules or blanks to obtain the information. This voluntary circular plan of course left it entirely optional with those receiving blanks whether to answer or not. And in the experience of all able statisticians this plan never accomplishes the results gained by individual inquiry. However, it was the best we could do, except to supplement it by personal visits and examinations here and there in factories, workshops, mines and other places of industry. In the preparation of these blanks our best judgment and thought were exercised, and the advice and counsel of those interested in the success of the Bureau, were solicited. The framing of questions and the art of putting them to respondents is not only delicate but very embarrassing. Many questions suggested themselves, but to embrace them would have made the blanks complex and cumbersome, and would have prevented many from taking time to fill them out, who otherwise did su. A description of these blanks will be found under an appropriate heading. In many respects they are similar to those in use by labor bureaus in other States. On October 1, 1879, the services of P. J. McGuire, of St. Louis, was secured as Assistant. And in this connection the Commissioner desires to acknowledge the thanks due to that gentleman for the efficient and valuable services he has continually rendered the Bureau. At the outset of our work correspondence was opened with the various State labor bureaus in existence, and with the statistical departments of several States, also with leading men of the State and with the census office, United States Department of the Interior. To these and to many other parties the Bureau is under obligations for information and documents. A blank was prepared and sent to county clerks, and out of one hundred and fourteen counties, one hundred and four made reply. This blank secured very reliable information in regard to agriculture in the various counties, and its inducements to unemployed workingmen and settlers. In sending out blanks to employers, but little trouble was experienced, as the numerous State gazetteers furnished a comparatively safe guide. But in reaching employes their constant change of residence and unsettled habits rendered it more than difficult to secure their addresses, so we resorted to the plan of sending out a circular blank to members of the Legislature, to county assessors, and to citizens in every county of the State, asking for names and addresses of employes in their respective localities. This blank met with a hearty response, and as the addresses came in day by day, the schedules of inquiry were sent out. They were forwarded to every address sent us, and went into every city and town in the State. With every blank was sent a prepaid return envelope, and instructions in regard to mailing. The number of blanks returned and properly filled far exceeds our anticipations, and is beyond the average in most every other State where bureaus similar to ours have been at work. When every obstacle is weighed and considered, it is indeed gratifying that our labors have been attended with such flattering results. Some feared to answer, others were ashamed to answer, while many felt that they could not be compelled to answer. That this is true is evidenced by the fact that some replies were made with an intention to deceive the Bureau instead of imparting information. Then again, some were returned just as they were sent out-perfectly blank. After a stated time, circular notices were sent to those who had not then replied, requesting them to answer or return the blanks. This had the effect of bringing in many returns from those who otherwise would not have answered. As the objects of the Bureau become more and more known, less difficulty will be encountered in obtaining the information desired. As it is, we feel justified in saying, that while we have met with some trifling opposition in a few instances, yet in the majority of cases our efforts have been highly appreciated by both capitalists and workingmen, and letters of encouragement have been sent us from all quarters of the State, and proffers of assistance have been made. County clerks and other officers, as a rule, have been extremely obliging; also the several State officers have been very generous in their assistance. To these and all who have lent us aid we feel gratefully indebted. On the twenty-first of October, 1879, the Commissioner started on a tour of inspection through the mining districts of Southeast Missouri. He visited Iron Mountain, Pilot Knob, Mine La Motte, Bonne Terre and Crystal City. The results of his visit will be found in next year's report, giving in full the facts he obtained and corroborative testimony. Visits were also made at various times to some of the leading factories and workshops of St. Louis, both by the Commissioner and by his Assistant, and personal investigation was there made as to the general condition of the workers therein employed, and as to the ventilation of the factories, the means of fire escape, and the sanitary nature of the employment. This system of investigation will be continued. next year, and the entire result will then be made known to the General Assembly. Through correspondence with Gen. Francis A. Walker, Superintendent of the Census Office, United States Department of the Interior, arrangements have been effected whereby this Bureau will be placed in possession of advance sheets of the census of Missouri for 1880, for publication in our second annual report. It may be that the delay consequent upon the preparation of these sheets may prevent Gen❜l Walker from giving them in full in time for our next year's report. At any rate we will be able to procure from him many tables of importance. DESCRIPTION OF BLANKS. The schedules of inquiry issued from this Bureau were based upon the experience of other Labor Bureaus, and received our most careful attention in their preparation. In most cases they were the first messengers to directly acquaint employers and employes with the scope and nature of our work. Without means to send out agents, and divested of power to enforce replies, we had to place our whole dependence upon the return of these blanks, and the aid of such personal canvass as could be made, from time to time, by the Commissioner and his Assistant. In preparing the employers and employes blanks, we were aware that some of the recipients would feel we were unwarranted and intrusive in our searches for information, and would question our authority "to pry into their private business." To this we wish here to reply that the object to be gained, and which, under the law, we were directed to gain, viz: The condition of the working classes, compelled a series of questions, for how else under the circumstances could we ascertain "the industrial, social, educational and sanitary condition of the laboring classes?" For how else, but by questions, could we ascertain their hours of labor, their wages, their earnings, the mode of paying wages, their annual cost of living, the sanitary condition of their homes and work places, their means of improvement, their habits, etc.? There was ample precedent for such inquiries in the existence of the census of the several States and of the general government, and in the numerous parliamentary investigations in England, on the subject of labor and the condition of the laboring classes. The first blanks issued were "Employers General Blank," and "Employes Blank No. 1;" with each and every blank was sent a prepaid return envelope and a circular letter, of which the following is a copy: STATE OF MISSOURI, CIRCULAR No. 2. The Thirtieth General Assembly passed the following law creating a Bureau of Labor Statistics. (See laws of 1879, page 164.) (A copy of the law was here inserted.) The Bureau is now prepared to collect statistics as provided for in the law creating it. And in addition to answering the questions in the accompanying blank, you are requested to correspond with the Bureau upon any question therein, or upon the general subject of the elevation of the workingmen, morally, mentally and socially. The names of persons corresponding with the Bureau will not be made public, when a request is made to that effect, but all correspondence will be filed for reference. The Bureau appeals to you for your vigorous and industrious cooperation in carrying out that part of the law, which makes it a duty to inquire into the commercial, industrial social, educational, and sanitary condition of the working classes. There should be no hesitancy in answering fully the questions in inclosed blank, and the information asked for, if freely and fully given, will, when reported to the General Assembly, be invaluable in determining what, within the province of legislation, is possible to be done to secure peace and prosperity to the productive industries of the State. Many of the questions in inclosed blank may seem inquisitorial, to pry into your private affairs, but to carry out the purposes of this Bureau they are necessary, and in order to make a true report of the condition of labor in this State, every question should be answered fully and accurately, in order that the laboring man may be honestly represented. The Commissioner will visit localities for the purpose of taking testimony, as provided in the law, but a thorough personal canvass of the State will be impossible during the present year. W. H. HILKENE, Commissioner. The following is the form of blank sent to employers in the State: STATE OF MISSOURI, BUREAU OF LABOR STATISTICS, You are requested to return this blank with answers to each of the questions herein contained that appertain to your business, within twenty days of receipt. Any question not applicable to your business, you will leave blank. [Mailing instructions were herein inserted.] W. H. HILKENE, Commissioner. |