Page:Harvard Law Review Volume 32.djvu/232

196 196 HARVARD LAW REVIEW I cwt. for bagged ore to be lifted, a maximum of 5 cwt. for one man using a two- wheeled truck (the truck itself weighs 2 cwt.), a maximum of 200 lbs. for bagged cargo to be carried, a maximum of 15 cwt. for two men using a trolley.^* There were certain excep>- tions made; it was recognised also that the weight might vary with the condition of the wharf; and, above aU, there was no ap- propriate scientific evidence of the kind that is collected in the excellent work of Miss Goldmark, "Fatigue and Efficiency." But interference on such subjects is rare. It is well known that the Court is very chary about dictating to those that have to direct the work as to the mode of carrying it out;^^ and that it will not dictate conditions unless it be clearly shown that the mode adopted in- volves imdue pressure on hiunan life. The Court usually refuses to prevent the employer from having the work done as he thinks desirable for his midertaking," or to dictate the number of men to be employed," or to alter the functions of the respective officers,^^ or to prevent an employer from caUing on an employee to work extra hours if paid substantial extra rates,^^ or to prevent coastal vessels from being at sea on Sundays/^ or to prescribe the niunber of retorts to be drawn and charged by a stoker in his shift,^^ or to interfere with the choice of men for appointment or promotion. The Court does not favour the arbitrary limitation of the proportion of boys to adults if the employer finds that boys will answer the purpose of his undertaking as well as men, and especially if he bind himself to teach the boys a definite trade. But the position is dififerent if the boys would not be employed for certain heavy or risky work except for their wages being lower — if the employer would not employ boys but for the cheaper rate.^^ In one case the Court refused to exempt any boys from the minimum adult wage unless they were properly apprenticed.^" Similar principles are 11 Waterside workers, 9 Com. Arb. 305-09 (1915). ^ See proposition 30. " Pastoralists, 11 Com. Arb. (191 7). " Marine engineers, 10 Com. Arb. 528 (1916). " Postal electricians, 10 Com. Arb. 578 (1916). 1* Merchant Service Guild, 10 Com. Arb. 673 (1916). " Ibid., 214 (1916). " Gas employees, 11 Com. Arb. (19T7). " Linemen, 10 Com. Arb. 602, 613 (1916). 20 Butchers, 10 Com. Arb. 465, 495 (1916).