wages. As the work is hard, it has
not been at all uncommon for employees who had received large advances
to decamp. The companies, however, took advantage of various laws
similar to those mentioned in the chapter on agriculture to have these
deserters arrested and to have them, when convicted, "hired out" to the
very company or employer from whom they had fled. Conditions resulting
from this practice in some of the States of the Lower South became so
scandalous about 1905 that numerous individuals were tried in the courts
and were convicted of holding employees in a state of peonage. In 1911
the Supreme Court of the United States declared unconstitutional the
law of Alabama regarding contract of service.[1] This law regarded the
nonfulfillment of a contract on which an advance had been made as _prima
facie_ evidence of intent to defraud and thus gave employers immense
power over their employees. Conditions have therefore undoubtedly
improved since the peonage trials, but the lumber industry is one in
which the labor has apparently everywhere been casual, migratory, and
lawless.
[Footnote 1: Bailey _vs._ Alabama, 219 U.S., 219.]
The manufacture of tobacco shows as much diversity of labor conditions
as the lumber industry. There are small establishments with little
machinery which manufacture plug and smoking tobacco and are open only a
few months in the year, as well as those which cover half a dozen city
blocks. In the smaller factories the majority of the laborers are black,
but in the larger establishments both negroes and whites are employed.
Sometimes they do the same sort of work on opposite sides of the same
room. In some departments negro and white men work side by side, while
in others only whites or only negroes are found. The more complicated
machines are usually tended by whites, and the filling and inspection of
containers is ordinarily done by white girls, who are also found in
large numbers in the cigarette factories. Not many years ago the
tobacco industry was supposed to belong to the negro, but with the
introduction of machinery he has lost his monopoly, though on account of
the expansion of the industry the total number of negroes employed is
greater than ever before.
In the smaller factories labor is usually paid by the day, but in the
larger establishments every operation possible is on a piecework basis.
These operations are so related in a series that a slacker feels the
displeasure of thos
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