In reply to the above the Attorney-General sent me the following opinion: EXHIBIT "F.” STATE OF NEW YORK: OFFICE OF THE ATTORNEY-GENERAL, Hon. CHARLES PECK, Commissioner of Labor Statistics: DEAR SIR- In response to your communication of the 24th, inclosing copy of chapter 356 of the Laws of 1883, and requesting my opinion upon the following questions, having in view the investigation of the subject of child labor, viz.: First. Does such law give the Commissioner full power to enter upon the premises or into the buildings of all business houses and manufactories doing business within the State of New York, in the performance of his official duty. Second. If so, has the Commissioner the further power to delegate such authority to another person, and would such authorized person or agent have an equal power with the Commissioner in furtherance of the investigation above referred to. Third. If refused entrance upon the premises or admission into the buildings of any such business places or manufactories doing business within the State of New York, by the proprietors or managers of the same, what remedy and by what process could the Commissioner or his agent enforce his legal rights. I beg leave to state: The second section of the statute referred to does not expressly confer upon the Commissioner the power to enter upon the premises or into the buildings of private citizens or corporations doing business within the State, while in the performance of his official duties. If any such power exists it must be inferred from that provision of the section which requires the Commissioner to make a report in relation to the commercial, industrial, social and sanitary condition of the workingmen, and in relation to the productive industries of the State. It may well be that such a full report upon these subjects cannot be made as the Legislature comtemplated, without a personal examination and visitation by the Commissioner of the manufacturing and other establishments in which workingmen are employed, or in which such industries are carried on, and it might be held that the right to personally visit and inspect these establishments was incidental to the general power with which the Commissioner is clothed. But the exercise of such a power should not rest upon doubtful authority, and should only be attempted in those cases where it is clearly and expressly given by statutory enactment. The right of the citizen to be secure in his property against unnecessary searches and inquisitorial examinations is sacredly regarded, both by the principles of the common law and the provisions of the Federal Constitution, and all statutes infringing upon this right are to be strictly construed. By the third section of chapter 356 of the Laws of 1883, the Commissioner of Labor Statistics is empowered to send for persons and papers, to examine witnesses, and to compel their attendance either before himself or some other person authorized to take depositions, and to compel them to submit to an examination in regard to matters pertaining to the discharge of his official duties, but this section expressly declares that no witness shall, against his will, be compelled to answer any question regarding his private affairs. It is evident from this provision that the Legislature did not intend that the private affairs of an individual or a corporation should be compulsorily disclosed to the Commissioner, but if that officer has the right, under the provisions of section 2, to enter, himself or his agent, upon the premises and into the places of business of these individuals and corporations against the will of their proprietors, he would thereby be enabled to gain information in regard to their private affairs which they are not required to disclose when examined on oath by the Commissioner or his agents. I am, therefore, of the opinion that, in the present condition of the statutes, the Commissioner cannot safely undertake to compel owners or proprietors of manufacturing establishments to open them to his personal examination and visitation, or to his agents; and that, if the exercise of such power is necessary for the efficient discharge of his official duties, the Legislature should be invoked to amend the statute so as to confer the power in clear and unmistakable terms. Very respectfully yours, This opinion was to a certain extent fatal to the investigation. At least it is fair to say that its promulgation prevented the bureau from obtaining a character of evidence and statistics that would have been of very great value in the investigation of this particular subject. However, in the face of all these adverse circumstances, a great many valuable statistics and much testimony of an important character bearing directly or indirectly upon the investigation of the subject of employment of children in manufacturing and mercantile establishments; its influence, if any, upon the physical development of the children so employed; the opportunities afforded for moral and educational training, and its relation to the social, commercial and industrial prosperity of the State, have been taken. These statistical tables, as well as the testimony of employer and employees, and the opinions of professional men of the highest standing in their respective callings, appear in their regular order on the following pages of the report. |